©NS Registry of Regulations. Web version. 401

Part II Regulations under the Regulations Act Printed by the Queen’s Printer Halifax, Nova Scotia Vol. 30, No. 13 July 21, 2006 Contents Act Reg. No.

Page Agriculture and Marketing Act Commodity Group Levy Order - Wild Blueberry Producers Association o f N o v a S c o t i a ......................................................... 108/2006 406 Correctional Services Act Designation of Antigonish Correctional Facility ................................. 101/2006 402 Designation of Cape Breton Correctional Facility ................................ 102/2006 402 Designation of Central Nova Scotia Correctional Facility .......................... 103/2006 403 Designation of Cumberland Correctional Facility ................................ 104/2006 404 Designation of Nova Scotia Youth Facility ..................................... 106/2006 405 Designation of Southwest Nova Scotia Correctional Facility ....................... 105/2006 404 Costs and Fees Act Regulations Amending the

Schedule to

Part I and

Part II of the Costs and Fees Act – a m e n d m e n t........................................................... 109/2006 407 Enforcement of Canadian Judgments and Decrees Act Canadian Judgment Registration Regulations ................................... 107/2006 406 In force date of regulations: As of March 4, 2005*, the date a regulation comes into force is determined by subsection 3(6) of the Regulations Act.

The date a regulation is made, the date a regulation is approved, the date a regulation is filed and any date specified in a regulation are important to determine when the regulation is in force. *Date that subsections 3(6) and (7) and Sections 11 and 13 of the Regulations Act and amendments to the Regulations Act made by

Chapter 46 of the Acts of 2004 were proclaimed in force.

N.S. Reg. 101/2006 - 102/2006 Royal Gazette

Part II - Regulations Vol. 30, No. 13 402 ©NS Registry of Regulations. Web version. N.S. Reg. 101/2006 Made: June 30, 2006 Filed: June 30, 2006 Designation of Antigonish Correctional Facility Order dated June 30, 2006 made by the Minister of Justice and Attorney General pursuant to clauses 3(1)(

b) and (

d) of the Correctional Services Act I, Murray Scott, M.B., Minister of Justice and Attorney General of Nova Scotia, do hereby, pursuant to clauses 3(1)(

b) and (d), and in accordance with the definition in clause 2(

g) of the Correctional Services Act, designate the Antigonish Correctional Facility, located at 68 Court Street, Antigonish, Nova Scotia as a correctional facility for the housing of adult male offenders only.

This correctional facility may be used, only with the prior permission of the Executive Director, or the Executive Director’s designate, for the temporary overnight housing of adult female offenders who are in-transit to or from the Central Nova Scotia Correctional Facility, if they can be housed in accordance with Sections 41 and 42 of the Act, and Sections 74 to 77 of the Correctional Services Regulations, in emergency situations when weather conditions make it unsafe to transport the female offender to or from the Central Nova Scotia Correctional Facility.

This correctional facility may be used, only with the prior permission of the Executive Director, or the Executive Director’s designate, for the temporary overnight housing of male and female youth offenders, if they can be housed separate and apart from any adult offenders pursuant to the Youth Criminal Justice Act, and in the case of female youth offenders if they can be housed in accordance with Sections 41 and 42 of the Act, and Sections 74 to 77 of the Correctional Services Regulations, who are in-transit to or from the Nova Scotia Youth Facility, in emergency situations when weather conditions make it unsafe to transport the male or female youth offender to or from the Nova Scotia Youth Facility.

This designation is effective on and from the 1st day of July 2006. Dated 30th June, 2006 at Halifax, Nova Scotia. Sgd.: Murray Scott Honourable Murray Scott, M.B. Minister of Justice and Attorney General of Nova Scotia N.S. Reg. 102/2006 Made: June 30, 2006 Filed: June 30, 2006 Designation of Cape Breton Correctional Facility Order dated June 30, 2006 made by the Minister of Justice and Attorney General pursuant to clauses 3(1)(

b) and (

d) of the Correctional Services Act I, Murray Scott, M.B., Minister of Justice and Attorney General of Nova Scotia, do hereby, pursuant to clauses 3(1)(

b) and (d), and in accordance with the definition in clause 2(

g) of the Correctional Services Act,

N.S. Reg. 102/2006 - 103/2006 Royal Gazette

Part II - Regulations Vol. 30, No. 13 ©NS Registry of Regulations. Web version. 403 designate the Cape Breton Correctional Facility, located at 136 Gardiner Road, Sydney, Nova Scotia as a correctional facility for the housing of adult male offenders only.

This correctional facility may be used, only with the prior permission of the Executive Director, or the Executive Director’s designate, for the temporary overnight housing of adult female offenders who are in transit to the Central Nova Scotia Correctional Facility, if they can be housed in accordance with Sections 41 and 42 of the Act, and Sections 74 to 77 of the Correctional Services Regulations, in emergency situations when weather conditions make it unsafe to transport the female offender to the Central Nova Scotia Correctional Facility, or when the female offender has court appearances at a Sydney-area court on consecutive calendar days.

This designation is effective on and from the 1st day of July 2006. Dated 30th June, 2006 at Halifax, Nova Scotia. Sgd.: Murray Scott Honourable Murray Scott, M.B. Minister of Justice and Attorney General of Nova Scotia N.S. Reg. 103/2006 Made: June 30, 2006 Filed: June 30, 2006 Designation of Central Nova Scotia Correctional Facility Order dated June 30, 2006 made by the Minister of Justice and Attorney General pursuant to clauses 3(1)(

b) and (

d) of the Correctional Services Act I, Murray Scott, M.B., Minister of Justice and Attorney General of Nova Scotia, do hereby, pursuant to clauses 3(1)(

b) and (d), and in accordance with the definition in clause 2(

g) of the Correctional Services Act, designate the Central Nova Scotia Correctional Facility, as well as the 24 cells for offenders suffering from mental illnesses (the MIO Unit) and the 12 bed health unit which are both also designated as hospitals under the Hospitals Act, and including all support and other ancillary spaces within and for these parts, on Lot 920, Burnside Industrial Park, Gloria McCluskey Avenue, Dartmouth, Nova Scotia, as a correctional facility for the housing of adult male and female offenders.

All female offenders must be housed in accordance with Sections 41 and 42 of the Act, and Sections 74 to 77 of the Correctional Services Regulations. This designation is effective on and from the 1 st day of July 2006. Dated 30th June, 2006 at Halifax, Nova Scotia. Sgd.: Murray Scott Honourable Murray Scott, M.B. Minister of Justice and Attorney General of Nova Scotia

N.S. Reg. 104/2006 - 105/2006 Royal Gazette

Part II - Regulations Vol. 30, No. 13 404 ©NS Registry of Regulations. Web version. N.S. Reg. 104/2006 Made: June 30, 2006 Filed: June 30, 2006 Designation of Cumberland Correctional Facility Order dated June 30, 2006 made by the Minister of Justice and Attorney General pursuant to clauses 3(1)(

b) and (

d) of the Correctional Services Act I, Murray Scott, M.B., Minister of Justice and Attorney General of Nova Scotia, do hereby, pursuant to clauses 3(1)(

b) and (d), and in accordance with the definition in clause 2(

g) of the Correctional Services Act, designate the Cumberland Correctional Facility, located at 1 Lawrence Street, Amherst, Nova Scotia as a correctional facility for the housing of adult male offenders only.

This correctional facility may be used, only with the prior permission of the Executive Director, or the Executive Director’s designate, for the temporary overnight housing of adult female offenders who are in-transit to the Central Nova Scotia Correctional Facility, if they can be housed in accordance with Sections 41 and 42 of the Act, and Sections 74 to 77 of the Correctional Services Regulations, in emergency situations when weather conditions make it unsafe to transport the female offender to the Central Nova Scotia Correctional Facility.

This correctional facility may be used, only with the prior permission of the Executive Director, or the Executive Director’s designate, for the temporary overnight housing of male and female youth offenders, if they can be housed separate and apart from any adult offenders pursuant to the Youth Criminal Justice Act, and in the case of female youth offenders if they can be housed in accordance with Sections 41 and 42 of the Act, and Sections 74 to 77 of the Correctional Services Regulations, who are in-transit to or from the Nova Scotia Youth Facility, in emergency situations when weather conditions make it unsafe to transport the male or female youth offender to or from the Nova Scotia Youth Facility.

This designation is effective on and from the 1st day of July 2006. Dated 30th June, 2006 at Halifax, Nova Scotia. Sgd.: Murray Scott Honourable Murray Scott, M.B. Minister of Justice and Attorney General of Nova Scotia N.S. Reg. 105/2006 Made: June 30, 2006 Filed: June 30, 2006 Designation of Southwest Nova Scotia Correctional Facility Order dated June 30, 2006 made by the Minister of Justice and Attorney General pursuant to clauses 3(1)(

b) and (

d) of the Correctional Services Act I, Murray Scott, M.B., Minister of Justice and Attorney General of Nova Scotia, do hereby, pursuant to clauses 3(1)(

b) and (d), and in accordance with the definition in clause 2(

g) of the Correctional Services Act, designate the Southwest Nova Scotia Correctional Facility, located at 227 Forest Street, RR # 4, Yarmouth,

N.S. Reg. 105/2006 - 106/2006 Royal Gazette

Part II - Regulations Vol. 30, No. 13 ©NS Registry of Regulations. Web version. 405 Nova Scotia as a correctional facility for the housing of adult male offenders only.

This correctional facility may be used, only with the prior permission of the Executive Director, or the Executive Director’s designate, for the temporary overnight housing of adult female offenders who are in-transit to the Central Nova Scotia Correctional Facility, if they can be housed in accordance with Sections 41 and 42 of the Act, and Sections 74 to 77 of the Correctional Services Regulations, in emergency situations when weather conditions make it unsafe to transport the female offender to the Central Nova Scotia Correctional Facility, or when the female offender has court appearances at a Yarmouth-area court on consecutive calendar days.

This designation is effective on and from the 1st day of July 2006. Dated 30th June, 2006 at Halifax, Nova Scotia. Sgd.: Murray Scott Honourable Murray Scott, M.B. Minister of Justice and Attorney General of Nova Scotia N.S. Reg. 106/2006 Made: June 30, 2006 Filed: June 30, 2006 Designation of Nova Scotia Youth Facility Order dated June 30, 2006 made by the Minister of Justice and Attorney General pursuant to clauses 3(1)(

b) and (

d) of the Correctional Services Act I, Murray Scott, M.B., Minister of Justice and Attorney General of Nova Scotia, do hereby, pursuant to clauses 3(1)(

b) and (d), and in accordance with the definition in clause 2(

g) of the Correctional Services Act, and in addition to the designations under the Youth Criminal Justice Act, made by Order-in-Council #2003-131, dated March 28, 2003, designate the Nova Scotia Youth Facility, located at 1442 Country Home Road, Waterville, Nova Scotia as a correctional facility for the housing of male and female youth offenders in open custody, secure custody, and those remanded into custody. All female youth offenders must be housed in accordance with Sections 41 and 42 of the Act, and Sections 74 to 77 of the Correctional Services Regulations.

This designation is effective on and from the 1 st day of July 2006. Dated 30th June, 2006 at Halifax, Nova Scotia. Sgd.: Murray Scott Honourable Murray Scott, M.B. Minister of Justice and Attorney General of Nova Scotia

N.S. Reg. 107/2006 - 108/2006 Royal Gazette

Part II - Regulations Vol. 30, No. 13 406 ©NS Registry of Regulations. Web version. N.S. Reg. 107/2006 Made: July 7, 2006 Filed: July 7, 2006 Canadian Judgment Registration Regulations Order in Council 2006-325 dated July 7, 2006 Regulations made by the Governor in Council pursuant to

Section 12 of the Enforcement of Canadian Judgments and Decrees Act The Governor in Council on the report and recommendation of the Minister of Justice dated June 8, 2006, and pursuant to

Section 12 of

Chapter 30 of the Acts of 2001, the Enforcement of Canadian Judgments and Decrees Act, is pleased to make regulations respecting the registration of Canadian judgments, in the form set forth in

Schedule “A” attached to and forming part of the report and recommendation, effective on and after July 1, 2006.

Schedule “A” Regulations Respecting the Registration of Canadian Judgments made by the Governor in Council pursuant to

Section 12 of

Chapter 30 of the Acts of 2001, the Enforcement of Canadian Judgments and Decrees Act Citation 1 These regulations may be cited as the Canadian Judgment Registration Regulations.

Definitions 2 In these regulations, “Act” means the Enforcement of Canadian Judgments and Decrees Act. Fee 3 The fee payable for registering a Canadian judgment under the Act is $26.75. N.S. Reg. 108/2006 Made: March 11, 2006 Approved: June 21, 2006 Filed: July 11, 2006 Commodity Group Levy Order - Wild Blueberry Producers Association of Nova Scotia Order dated March 11, 2006 Regulations made by the Wild Blueberry Producers Association of Nova Scotia and approved by the Minister of Agriculture pursuant to clauses 46(3)(

b) and (

c) of the Agriculture and Marketing Act Wild Blueberry Levy Wild Blueberry Producers Association of Nova Scotia I certify that the Wild Blueberry Producers Association of Nova Scotia, a commodity group designated under the Agriculture and Marketing Act by Order dated December 14, 1987, pursuant to clauses 46(3)(

b) and (

c) of

N.S. Reg. 108/2006 - 109/2006 Royal Gazette

Part II - Regulations Vol. 30, No. 13 ©NS Registry of Regulations. Web version. 407

Chapter 6 of the Revised Statutes of Nova Scotia, 1989, the Agriculture and Marketing Act, at a meeting held on March 11, 2006, carried a motion to (

a) revoke the levy set by the commodity group that was effective January 1, 1993; (

b) require any person engaged in th e production of wild blueberries to pay a levy of $16 per ton of wild blueberries; and (

c) require any person engaged in the marketing of wild blueberries to deduct, from any amount payable by him to any person engaged in the production of wild blueberries, any amount payable by the latter person to the commodity group by way of levy or charge fixed pursuant to clause (

b) and to remit all amounts so deducted to the commodity group. effective on and after the date of approval by the Minister of Agriculture. Signed at Debert, Nova Scotia, on . Wild Blueberry Producers Association of Nova Scotia per: Sgd.: David M. Sangster (Name of authorized signer) David M.

Sangster (Title of authorized signer) Executive Director ------------------------------------------------------------------------------------------------------ I, Ronald Chisholm, Minister of Agriculture for the Province of Nova Scotia, hereby approve the above levy set by the Wild Blueberry Producers Association of Nova Scotia. Dated: June 21/06 Sgd.: Ronald Chisholm Honorable Ronald Chisolm [Chisholm] Minister of Agriculture N.S. Reg. 109/2006 Made: July 7, 2006 Filed: July 12, 2006 Regulations Amending the

Schedule to

Part I and

Part II of the Costs and Fees Act Order in Council 2006-324 dated July 7, 2006 Amendment to Regulations Amending the

Schedule to

Part I and

Part II of the Costs and Fees Act made by the Governor in Council pursuant to subsection 2(1) of the Costs and Fees Act The Governor in Council on the report and recommendation of the Minister of Justice dated June 8, 2006, and pursuant to subsection 2(1) of

Chapter 104 of the Revised Statutes of Nova Scotia, 1989, the Costs and Fees Act, is pleased to amend the

Schedule to

Part I of the Costs and Fees Act, to include certain probate, court and administration fees and to correct an error in formatting, in the manner set forth in

Schedule “A” attached to and forming part of the report and recommendation, effective on and after July 7, 2006.

N.S. Reg. 109/2006 Royal Gazette

Part II - Regulations Vol. 30, No. 13 408 ©NS Registry of Regulations. Web version.

Schedule “A” Amendment to the

Schedule to

Part I of the Costs and Fees Act made by the Governor in Council pursuant to subsection 2(1) of

Chapter 104 of the Revised Statutes of Nova Scotia, 1989, the Costs and Fees Act 1 The

Schedule to

Part I of the Costs and Fees Act is amended under the heading “COURT FEES” by (

a) striking out “the filing of an appeal of a Residential Tenancies Board report or” in item (2); (

b) striking out “in a Residential Tenancies Board matter or” in item (4); (

c) striking out “and an order from the Director of Residential Tenancies or the Residential Tenancies Board” in item (14)(a) ; (

d) striking out “and an order from the Director of Residential Tenancies or the Residential Tenancies Board” in item 14(b) ; (

e) adding the following item immediately after item (17): (17A) (

a) Issuing a self-help guide for making application f o r d i v o r c e ( d i v o r c e k i t ) ........................................ $20.00 (

b) Issuing a self-help guide for making application f o r v a r i a t i o n ( v a r i a t i o n k i t )..................................... $20.00; (

f) adding “, Provincial Court or in any proceeding before a justice of the peace” in item (29) immediately after “Family Court”; and (

g) striking out “COURT FEES” wherever it appears in items (29) and (30) and substituting “2. Supreme Court and Court of Appeals”. 2 The

Schedule to

Part I of the Act is further am ended under the heading “5. Courts of Probate” by (

a) repealing items (14)(

h) and (

i) and substituting the following items: (

h) Where an election is filed, the fee for (

i) r e c o r d i n g t h e e l e c t i o n a t t h e r e g i s t r y o f d e e d s s h a l l b e .....................$26.75 plus $1.07 for each page (ii) certifying the election shall be the same fees as in Item (8)(

a) and (b), (iii) filing the election shall be the same fees as in Item (9). (

i) Where a will is tendered, the fee for (

i) proving and filing the will only shall be ................................ $10.65 (ii) certifying the will shall be the same fees as in Item (5)(b),

N.S. Reg. 109/2006 Royal Gazette

Part II - Regulations Vol. 30, No. 13 ©NS Registry of Regulations. Web version. 409 (iii) recording the will at each registry of deeds in the Province where probate is not sought shall be ............................ $26.75 plus $1.07 for each page (

b) adding the following item immediately after item (16):

(17) For each grant over one issued on an estate for which an order under

Section 72 of the Probate Act h a s n o t b e e n m a d e .................................................. $107.00