Proclamation of amendments to Act, S. 3, S.N.S. 2021, c. 16 Order in Council 2021-160 dated June 8, 2021
N.S. Reg. 93/2021
Nova Scotia — Gazette
Volume 45, No. 14 July 2, 2021
Part II Halifax, Nova Scotia Regulations under the Regulations Act Printed by the Queen’s Printer Contents Act Reg. No.
Page Ferries Act Ferriage Charges Regulations–repeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102/2021 259 Health Services and Insurance Act Prosthetic Devices Tariffs Regulations–amendment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95/2021 246 Tariff of Fees for Insured Ocular Prosthetic Services–replacement. . . . . . . . . . . . . . . . . . . 103/2021 260 Natural Products Act Chicken Farmers of Nova Scotia Regulations–amendment. . . . . . . . . . . . . . . . . . . . . . . . . 100/2021 255 Pension Benefits Act Proclamation of amendments to Act, S. 3, S.N.S. 2021, c. 16 . . . . . . . . . . . . . . . . . . . . . . . 93/2021 240 Pension Benefits Regulations–amendment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94/2021 241 Petroleum Products Pricing Act Prescribed Petroleum Products Prices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99/2021 252 Prescribed Petroleum Products Prices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101/2021 257 Senior Citizens’ Property Tax Rebate Act Senior Citizens’ Property Tax Rebate Regulations–amendment . . . . . . . . . . . . . . . . . . . . . . 98/2021 250
Summary Proceedings Act
Summary Offence Tickets Regulations–amendment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96/2021 248 –amendment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97/2021 249 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. © NS Office of the Registrar of Regulations. Web version. 239
3 N.S. Reg. 93/2021 Royal Gazette
Part II - Regulations Vol. 45, No. 14 N.S. Reg. 93/2021 Made: June 8, 2021 Filed: June 9, 2021 Proclamation of amendments to Act, S. 3, S.N.S. 2021, c. 16 Order in Council 2021-160 dated June 8, 2021 Proclamation made by the Governor in Council pursuant to
Section 3 of
An Act to Amend
Chapter 41 of the Acts of 2011, the Pension Benefits Act The Governor in Council on the report and recommendation of the Minister of Finance and Treasury Board dated May 11, 2021, and pursuant to
Section 3 of
Chapter 16 of the Acts of 2021,
An Act to Amend
Chapter 41 of the Acts of 2011, the Pension Benefits Act, is pleased to order and declare by proclamation that
Chapter 16 of the Acts of 2021,
An Act to Amend
Chapter 41 of the Acts of 2011, the Pension Benefits Act, do come into force on and not before July 1, 2021. PROVINCE OF NOVA SCOTIA sgd: Arthur J. LeBlanc G/S ELIZABETH THE SECOND, by the Grace of God, of the United Kingdom, Canada and Her Other Realms and Territories, Queen, Head of the Commonwealth, Defender of the Faith. TO ALL TO WHOM THESE PRESENTS SHALL COME, OR WHOM THE SAME MAY IN ANY WISE CONCERN, G R E E T I N G: A PROCLAMATION
WHEREAS in and by
Section 3 of
Chapter 16 of the Acts of 2021,
An Act to Amend
Chapter 41 of the Acts of 2011, the Pension Benefits Act, it is enacted as follows: This Act comes into force on such day as the Governor in Council orders and declares by proclamation. AND
WHEREAS it is deemed expedient that
Chapter 16 of the Acts of 2021,
An Act to Amend
Chapter 41 of the Acts of 2011, the Pension Benefits Act, do come into force on and not before July 1, 2021; NOW KNOW YE THAT WE, by and with the advice of the Executive Council of Nova Scotia, do by this Our Proclamation order and declare that
Chapter 16 of the Acts of 2021,
An Act to Amend
Chapter 41 of the Acts of 2011, the Pension Benefits Act, do come into force on and not before July 1, 2021, of which all persons concerned are to take notice and govern themselves accordingly. IN TESTIMONY WHEREOF We have caused these our Letters to be made Patent and the Great Seal of Nova Scotia to be hereunto affixed. WITNESS, Our Trusty and Well Beloved His Honour Arthur J. LeBlanc, ONS, Q.C., Lieutenant Governor of the Province of Nova Scotia. © NS Office of the Registrar of Regulations. Web version. 240
1 N.S. Reg. 93/2021 - 94/2021 Royal Gazette
Part II - Regulations Vol. 45, No. 14 AT Our Government House in the Halifax Regional Municipality, this 8th day of June in the year of Our Lord two thousand and twenty-one and in the seventieth year of Our Reign. BY COMMAND: sgd: Honourable Randy Delorey Provincial Secretary Attorney General and Minister of Justice N.S. Reg. 94/2021 Made: June 8, 2021 Filed: June 9, 2021 Pension Benefits Regulations–amendment Order in Council 2021-161 dated June 8, 2021 Amendment to regulations made by the Governor in Council pursuant to
Section 139 of the Pension Benefits Act The Governor in Council on the report and recommendation of the Minister of Finance and Treasury Board dated May 27, 2021, and pursuant to
Section 139 of
Chapter 41 of the Acts of 2011, the Pension Benefits Act, is pleased to amend the Pension Benefits Regulations, N.S. Reg. 200/2015, made by the Governor in Council by Order in Council 2015-133 dated April 21, 2015, to create authority for financial institutions to approve the withdrawal of money in a registered retirement savings arrangement and other administrative changes in the manner set forth in
Schedule “A” attached to and forming part of the report and recommendation, effective on and after July 1, 2021.
Schedule “A” Amendment to the Pension Benefits Regulations made by the Governor in Council under
Section 139 of
Chapter 41 of the Acts of 2011, the Pension Benefits Act The definition of “physician” in subsection 2(1) of the Pension Benefits Regulations, N.S. Reg. 200/2015, made by the Governor in Council by Order in Council 2015-133 dated April 21, 2015, is repealed and the following definition substituted: “physician” means 1 of the following: (
i) a physician who is licensed to practise medicine in a jurisdiction in Canada, (ii) in respect of any of the following applications, a physician who is licensed to practise medicine in the jurisdiction in which the applicant resides: (
A) under subsection 69(2) of the Act and
Section 129, an application for the withdrawal of money from a pension plan by a former member in circumstances of shortened life expectancy, © NS Office of the Registrar of Regulations. Web version. 241
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Part II - Regulations Vol. 45, No. 14 (
B) under subsection 91(4) of the Act and Sections 212 to 230, an application for the withdrawal of money from a LIRA of [or] LIF by the owner in circumstances of financial hardship, (
C) under subsection 91(4) of the Act and
Section 231, an application for the withdrawal of money from a LIRA or LIF by the owner in circumstances of shortened life expectancy; 2 Subclause 6(2)(b)(ii) of the regulations is amended by striking out “clause” and substituting “clauses”. 3
(1) The definition of “J” in subsection 12C(2) of the regulations is amended by striking out “clause” and substituting “clauses”.
(2) Subsection 12C(4) of the regulations is amended by striking out “clause” and substituting “clauses”. 4 (1) Clause 32(1)(
a) of the regulations is amended by adding “, as that provision read immediately before April 1, 2020” immediately after “subsection 105(1)”. (2) Subsection 32(2) of the regulations is amended by striking out “subsection 85(2)” and substituting “clauses 85(2)(a), (
b) and (
d) to (j)”. 5 (1) Clause 53(3)(
a) of the regulations is amended by striking out “(g)” and substituting “(d), (
f) and (g)”. (2) Subsection 53(3) of the regulations is amended by adding the following clause immediately after clause (a): (aa) if the plan provides for an escalated adjustment, (
i) a statement that the escalated adjustment has been pre-funded on a solvency basis in relation to the pension benefits that have accrued, or will accrue under the plan on or after June 1, 2015, in accordance with
Section 91, and (ii) in relation to the pension benefits accruing under the plan before June 1, 2015, whether and to what extent liability for the future cost of the escalated adjustment has been included in the determination of any solvency deficiency; 6 Subsection 59(2) of the regulations is amended by striking out “an effective” and substituting “a valuation”. 7
(1) The heading to
Section 74A of the regulations is amended by adding “on or” immediately after “statement”.
(2) Section 74A of the regulations is amended by adding “on or” immediately after “statement”. 8 Subsection 86A(1) of the regulations is amended by adding “or
Section 88” immediately after “86(1)”. 9 Clause 144B(2)(
f) of the regulations is amended by striking out “subsection” and substituting “subsections”. 10
(1) The definition of “application” in
Section 211 of the regulations is repealed and the following definition substituted: © NS Office of the Registrar of Regulations. Web version. 242
N.S. Reg. 94/2021 Royal Gazette
Part II - Regulations Vol. 45, No. 14 “application” means an application under subsection 91(4) of the Act and these regulations by an owner to a financial institution for the withdrawal of money from the owner’s LIRA or LIF in circumstances of financial hardship;
(2) The definition of “consented amount” in
Section 211 of the regulations is amended by (
a) striking out “Superintendent” and substituting “financial institution”; and (
b) striking out “or prescribed fees”.
(3) The definition of “dentist” in
Section 211 of the regulations is repealed and the following definition substituted: “dentist” means a dentist who is licensed to practise dentistry in the jurisdiction in which the owner resides;
(4) Section 211 of the regulations is further amended by adding the following definition immediately after the definition of “dependant”: “financial institution” means the financial institution that administers the LIRA or LIF of an owner; 11
(1) The heading to
Section 213 of the regulations is amended by striking out “Superintendent” and substituting “financial institution”. (2) Clause 213(1)(
b) of the regulations is amended by striking out “Superintendent” and substituting “financial institution”. (3) Subsection 213(2) of the regulations is repealed. (4) Subsection 213(3) of the regulations is amended by (
a) striking out the semicolon immediately after clause (
b) and substituting a period; and (
b) repealing clause (c).
(5) Section 213 of the regulations is further amended by adding the following subsection immediately after subsection (3): (3A) An application may request to withdraw all or part of the amount that would remain in an applicant’s LIRA or LIF after approval is given for the consented amount, if the remaining amount is less than $500. 12 The regulations are further amended by adding the following
Section immediately after
Section 213: LIRA or LIF contract terms applicable to application 213A A contract governing a LIRA or LIF must include all of the following terms, and any contract that does not contain them is deemed to include them: (
a) that the financial institution is entitled to rely upon the information provided by the owner in an application to withdraw money from the owner’s LIRA or LIF; (
b) that an application that meets the requirements of the Act and these regulations constitutes authorization to the financial institution to make the payment or transfer © NS Office of the Registrar of Regulations. Web version. 243
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Part II - Regulations Vol. 45, No. 14 from the LIRA or LIF in accordance with the Act and these regulations; (
c) that the value of the assets in the LIRA or LIF owned by the owner on the date they sign an application must be determined using the most recent statement about the LIRA or LIF given to the owner and dated no earlier than 1 year before the date the owner signs the application; (
d) that the financial institution is required to make the payment to which the owner is entitled no later than 30 days after the date the financial institution receives the completed application and accompanying documents and any additional information provided under
Section 219. 13
Section 218 of the regulations is amended by (
a) repealing clause (b); (
b) striking out the semicolon at the end of clause (
c) and substituting a period; and (
c) repealing clause (d). 14
(1) The heading to
Section 219 of the regulations is amended by striking out “Superintendent” and substituting “Financial institution”. (2) Subsection 219(1) of the regulations is repealed and the following subsection substituted:
(1) Before consenting or refusing to consent to an application, the financial institution may request additional information relating to the application and accompanying documents that the financial institution considers necessary to assist in understanding the documents or verifying their authenticity. (3) Subsection 219(2) of the regulations is amended by (
a) striking out “required” and substituting “requested”; and (
b) striking out “Superintendent” and substituting “financial institution”. 15
(1) The heading to
Section 220 of the regulations is amended by striking out “Superintendent” and substituting “Financial institution”.
(2) Section 220 of the regulations is amended by striking out “Superintendent” and substituting “financial institution”. 16
Section 221 of the regulations is amended by striking out “Superintendent” wherever it appears and substituting “financial institution”. 17
(1) The heading to
Section 222 of the regulations is amended by striking out “12-month period” and substituting “calendar year”. (2) Subsection 222(1) of the regulations is amended by striking out “12-month period” and substituting “calendar year”. (3) Subsection 222(2) of the regulations is repealed. © NS Office of the Registrar of Regulations. Web version. 244
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Part II - Regulations Vol. 45, No. 14 18 (1) Subsection 223(4) of the regulations is amended by striking out “subsection” in the definition of “ATI” and substituting “subsections (4A) and”.
(2) Section 223 of the regulations is further amended by adding the following subsection immediately after subsection (4): (4A) An owner’s anticipated total income from all sources before taxes in subsection (4) includes and is deemed to include all of the following for the 12-month period immediately following the signing date: (
a) the maximum amount of annual LIF income that may be paid out of each LIF of the owner for the year as determined in accordance with
Schedule 4: Nova Scotia LIF Addendum; (
b) the maximum amount of any “temporary income”, as defined in
Section 1 of
Schedule 4: Nova Scotia LIF Addendum, that may be paid out of each LIF of the owner for the year regardless of whether an application has been or will be made by the owner to the financial institution for payment of such temporary income. 19 (1) Subsection 225(1) of the regulations is amended by adding “financial institution or, before July 1, 2021, the” immediately before “Superintendent”. (2) Subsection 225(2) of the regulations is amended by adding “financial institution or, before July 1, 2021, the” immediately before “Superintendent”. 20
Section 226 of the regulations is repealed. 21
Section 227 of the regulations is repealed. 22
Section 228 of the regulations is repealed and the following
Section substituted: Owner authorized to receive payment 228 If the financial institution, following receipt of an application and any additional information under
Section 219, consents to a withdrawal, the owner is authorized to receive payment of all of the following in accordance with these regulations: (
a) the consented amount; (
b) any amount requested under subsection 213(3A) that satisfies the requirements of that subsection. 23 (1) Subsection 229(1) of the regulations is repealed and the following subsection substituted:
(1) Following the financial institution’s consent under subsection 226(1) to a withdrawal, the financial institution is authorized to pay all of the following to the owner: (
a) the consented amount; (
b) any amount requested under subsection 213(3A) that satisfies the requirements of that subsection.
(2) Section 229 of the regulations is further amended by adding the following subsection immediately after subsection (2): © NS Office of the Registrar of Regulations. Web version. 245
N.S. Reg. 94/2021 - 95/2021 Royal Gazette
Part II - Regulations Vol. 45, No. 14 (2A) Payment of any amount under clause (1)(
b) must be made in the same form as payment of the consented amount under subsection (2). (3) Subsection 229(3) of the regulations is repealed and the following subsection substituted:
(3) A payment or transfer to an owner by a financial institution under this
Section must be made no later than 30 days after the date the financial institution receives the completed application and all accompanying documents from the owner. 24
Section 230 of the regulations is repealed. 25 (1) Clause 232(3)(
a) of the regulations is amended by striking out “fund or account” and substituting “LIRA or LIF”. (2) Clause 232(3)(
b) of the regulations is amended by striking out “fund or account” and substituting “LIRA or LIF”. 26 (1) Clause 233(4)(
a) of the regulations is amended by striking out “their” and substituting “the owner’s”. (2) Clause 233(4)(
d) of the regulations is amended by adding “or transfer” immediately after “payment”. 27 Clause 5(5)(
c) of
Schedule 3: Nova Scotia LIRA Addendum is amended by striking out “LIF” and substituting “LIRA”. 28 The definition of “T” in clause 10(1)(
a) of
Schedule 4: Nova Scotia LIF Addendum is amended by striking out “and other periodic income”. N.S. Reg. 95/2021 Made: June 8, 2021 Filed: June 9, 2021 Prosthetic Devices Tariffs Regulations–amendment Order in Council 2021-156 dated June 8, 2021 Amendment to regulations made by the Governor in Council pursuant to subsection 17(2) of the Health Services and Insurance Act The Governor in Council on the report and recommendation of the Minister of Health and Wellness dated April 26, 2021, and pursuant to
Chapter 197 of the Revised Statutes of Nova Scotia, 1989, the Health Services and Insurance Act (the Act), is pleased, effective on and after June 8, 2021, to (
a) pursuant to subsection 17(2) of the Act, amend the Prosthetic Devices Tariffs Regulations, N.S. Reg. 32/99, made by the Minister of Health and Wellness and the Governor in Council by Order in Council 1999-146 dated April 7, 1999, in the manner set forth in
Schedule “A” attached to and forming part of the report and recommendation; (
b) approve the authorization by the Minister of Health and Wellness of payments in respect of the tariff of fees for insured ocular prosthetics services, in accordance with clause 13(1)(
c) of the Act; and © NS Office of the Registrar of Regulations. Web version. 246
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Part II - Regulations Vol. 45, No. 14 (
c) pursuant to
Section 8 of the Act, approve the Minister of Health and Wellness to enter into an Agreement with Banfield Ocular Prosthetics Services Limited, in the form set out in
Schedule “B” attached to and forming part of the report and recommendation, including such amendments as do not materially change the nature of the agreement.
Schedule “A” Amendment to the Prosthetic Devices Tariffs Regulations made by the Governor in Council under subsection 17(2) of
Chapter 197 of the Revised Statutes of Nova Scotia, 1989, the Health Services and Insurance Act 1
Section 4 of the Prosthetic Devices Tariffs Regulations, N.S. Reg. 32/99, made by the Governor in Council by Order in Council 1999-146 dated April 7, 1999, is repealed and the following
Section substituted: Ocular prosthetic services 4 Residents are entitled to the ocular prosthetic services listed in
Schedule “C”. 2
Schedule “C” of the regulations is repealed and the following
Schedule substituted:
Schedule “C” Insured Ocular Prosthetic Services 1) Scleral prosthetic; 2) Conventional prosthetic; 3) Build-up; 4) Adjustment; 5) Reglazing and recheck; 6) Conformer; 7) House call, including home, hospital and continuing care facilities. © NS Office of the Registrar of Regulations. Web version. 247
N.S. Reg. 96/2021 Royal Gazette
Part II - Regulations Vol. 45, No. 14 N.S. Reg. 96/2021 Made: June 8, 2021 Filed: June 10, 2021
Summary Offence Tickets Regulations–amendment Order dated June 8, 2021 Amendment to regulations made by the Attorney General and Minister of Justice pursuant to
Section 8 of the
Summary Proceedings Act Order Made under
Section 8 of
Chapter 450 of the Revised Statutes of Nova Scotia, 1989, the
Summary Proceedings Act I, Randy Delorey, Attorney General and Minister of Justice for the Province of Nova Scotia, pursuant to
Section 8 of
Chapter 450 of the Revised Statutes of Nova Scotia, 1989, the
Summary Proceedings Act, effective on and after the date of this order, hereby (
a) amend the
Summary Offence Tickets Regulations, N.S. Reg. 281/2011, made by order of the Attorney General and Minister of Justice dated October 4, 2011, to designate certain offences under the Municipality of the County of Inverness Dog Control By-Law as
summary offence ticket offences in the manner set forth in the attached
Schedule “A”; and (
b) order and direct that the penalty to be entered on a summons in respect of an offence set out in amendments to the schedules to the
Summary Offence Tickets Regulations, N.S. Reg. 281/2011, as set forth in the attached
Schedule “A”, is the out-of-court settlement amount listed in the out-of-court settlement column set out opposite the description for the offence, and includes the charge provided for in, and in accordance with, Sections 8 and 9 of the Act. Dated and made June 8, 2021, at Antigonish, Province of Nova Scotia. sgd. Randy Delorey Honourable Randy Delorey Attorney General and Minister of Justice
Schedule “A” Amendment to the
Summary Offence Tickets Regulations made by the Attorney General and Minister of Justice under
Section 8 of
Chapter 450 of the Revised Statutes of Nova Scotia, 1989, the
Summary Proceedings Act The
Summary Offence Tickets Regulations, N.S. Reg. 281/2011, made by order of the Attorney General and Minister of Justice dated October 4, 2011, are amended by adding the following
Schedule immediately after
Schedule M-34: © NS Office of the Registrar of Regulations. Web version. 248
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Part II - Regulations Vol. 45, No. 14
Schedule M-35 Municipality of the County of Inverness By-laws Out of Court Offence
Section Settlement Dog Control By-Law: 1 Owning dog that runs at large 38(a) $237.50 2 Owning unregistered dog 38(b) $237.50 3 Owning dog that is not wearing dog tag 38(c) $237.50 4 Owning dog that persistently disturbs quiet of neighborhood 38(d) $237.50 5 Owner failing to remove dog’s feces from property other than owner’s 38(e) $237.50 property 6 Owner failing to confine un-spayed female dog 38(f) $237.50 7 Dog owner interfering with Dog Control Officer in performance of duties 38(h) $237.50 8 Owner refusing to hand over dog to Dog Control Officer 38(i) $237.50 N.S. Reg. 97/2021 Made: June 8, 2021 Filed: June 10, 2021
Summary Offence Tickets Regulations–amendment Order dated June 8, 2021 Amendment to regulations made by the Attorney General and Minister of Justice pursuant to
Section 8 of the
Summary Proceedings Act Order Made under Sections 8 and 8A of
Chapter 450 of the Revised Statutes of Nova Scotia, 1989, the
Summary Proceedings Act I, Randy Delorey, Attorney General and Minister of Justice for the Province of Nova Scotia, pursuant to Sections 8 and 8A of
Chapter 450 of the Revised Statutes of Nova Scotia, 1989, the
Summary Proceedings Act, effective on and after the date of this order, hereby amend the
Summary Offence Tickets Regulations, N.S. Reg. 281/2011, made by order of the Attorney General and Minister of Justice dated October 4, 2011, to do all of the following: (
a) update the out-of-court settlement amounts set out in the Halifax Regional Municipality Parking Meter By- law in
Schedule PT to the regulations in the manner set forth in the attached
Schedule “A”; (
b) update an out-of-court settlement amount under the Halifax Regional Municipality C&D Materials Recycling and Disposal License By-law in
Schedule M-2 to the regulations in the manner set forth in the attached
Schedule “A”; and (
c) order and direct that the penalty to be entered on a summons in respect of an offence set out in amendments to the schedules to the
Summary Offence Tickets Regulations, N.S. Reg. 281/2011, as set © NS Office of the Registrar of Regulations. Web version. 249
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Part II - Regulations Vol. 45, No. 14 forth in the attached
Schedule “A”, is the out-of-court settlement amount listed in the out-of-court settlement column set out opposite the description for the offence, and includes the charge provided for in, and in accordance with, Sections 8 and 9 of the Act. Dated and made June 8, 2021, at Antigonish, Province of Nova Scotia. sgd. Randy Delorey Honourable Randy Delorey Attorney General and Minister of Justice
Schedule “A” Amendment to the
Summary Offence Tickets Regulations made by the Attorney General and Minister of Justice pursuant to Sections 8 and 8A of
Chapter 450 of the Revised Statutes of Nova Scotia, 1989, the
Summary Proceedings Act 1
Schedule PT to the
Summary Offence Tickets Regulations, N.S. Reg. 281/2011, made by order of the Attorney General and Minister of Justice dated October 4, 2011, is amended under the heading “Halifax Regional Municipality By-law P-500 - Parking Meters” by striking out “$61.60” in the out-of-court settlement column in items 1 to 8 and substituting “$71.60”. 2
Schedule M-2 to the regulations is amended under the heading “C&D Materials Recycling and Disposal License By-law - L-200” by striking out “$679.50” in the out-of-court settlement column in item 2 and substituting “$697.50”. N.S. Reg. 98/2021 Made: June 10, 2021 Filed: June 10, 2021 Senior Citizens’ Property Tax Rebate Regulations–amendment Order in Council 2021-167 dated June 10, 2021 Amendment to regulations made by the Governor in Council pursuant to
Section 16 of the Senior Citizens’ Property Tax Rebate Act The Governor in Council on the report and recommendation of the Minister of Service Nova Scotia and Internal Services dated April 7, 2021, and pursuant to
Section 16 of
Chapter 27 of the Acts of 2018, the Senior Citizens’ Property Tax Rebate Act, is pleased to amend the Senior Citizens’ Property Tax Rebate Regulations, N.S. Reg. 34/2019, made by the Governor in Council by Order in Council 2019-39 dated February 20, 2019, to change the eligibility and application requirements for the property tax rebate, in the manner set forth in
Schedule “A” attached to and forming part of the report and recommendation, effective on and after June 10, 2021. © NS Office of the Registrar of Regulations. Web version. 250
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Part II - Regulations Vol. 45, No. 14
Schedule “A” Amendment to the Senior Citizens’ Property Tax Rebate Regulations made by the Governor in Council under
Section 16 of
Chapter 27 of the Acts of 2018, the Senior Citizens’ Property Tax Rebate Act 1
(1) Section 3 of the Senior Citizens’ Property Tax Rebate Regulations, N.S. Reg. 34/2019, made by the Governor in Council by Order in Council 2019-39 dated February 20, 2019, is amended by repealing clause (a).
(2) Clause 3(
b) of the regulations is amended by (
a) striking out “in January of” and substituting “at any point during”; [and] (
b) striking out “allowance” in subclause (ii) and substituting “spouse’s allowance or survivor’s allowance”.
(3) Section 3 of the regulations is further amended by adding the following clause immediately after clause (b): (ba) in the case of an applicant who received or was eligible to receive the Guaranteed Income Supplement, they were 65 years of age or older during the rebate year. 2 (1) Subsection 4(1) of the regulations is amended by adding “who has not received the maximum property tax rebate in each of the 2 immediately preceding program years” immediately after “An applicant”.
(2) Section 4 of the regulations is further amended by adding the following subsection immediately after subsection (1): (1A) An applicant who received the maximum property tax rebate in each of the 2 immediately preceding program years may apply for a property tax rebate by submitting to the Administrator from July 1 to December 31 of the program year a declaration, in the form prescribed by the Administrator, declaring all of the following: (
a) that during at least part of the rebate year, (
i) the applicant continued to own and reside at the property for which the property tax rebate was received in each of the 2 immediately preceding program years, and (ii) the property referred to in subclause (
i) was the applicant’s principal residence; (
b) that the applicant paid the property tax owed on the property in full for the rebate year. 3 (1) Clause 5(1)(
b) of the regulations is repealed. (2) Clause 5(1)(
c) of the regulations is amended by (
a) striking out “in January of” and substituting “at any point during”; [and] © NS Office of the Registrar of Regulations. Web version. 251
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Part II - Regulations Vol. 45, No. 14 (
b) striking out “allowance” in subclause (ii) and substituting “spouse’s allowance or survivor’s allowance”. (3) Subsection 5(1) of the regulations is further amended by adding the following clause immediately after clause (c): (ca) in the case of a deceased person who received or was eligible to receive the Guaranteed Income Supplement, they were 65 years of age or older during the rebate year. N.S. Reg. 99/2021 Made: June 10, 2021 Filed: June 15, 2021 Prescribed Petroleum Products Prices Order dated June 10, 2021 made by the Nova Scotia Utility and Review Board pursuant to
Section 14 of the Petroleum Products Pricing Act and Sections 16 to 19 of the Petroleum Products Pricing Regulations Order In the matter of the Petroleum Products Pricing Act M10142 - and - In the matter of prescribing prices for petroleum products pursuant to
Section 14 of the Petroleum Products Pricing Act and Sections 16 to 19 of the Petroleum Products Pricing Regulations Before: Richard J. Melanson, LL.B., Member
Whereas the purpose of the Petroleum Products Pricing Regulations is to ensure just and reasonable prices for specified petroleum products taking into consideration the objectives of preserving the availability of such products in rural areas, stabilizing prices of such products and minimizing the variances in prices of such products across the Province; And
whereas the Nova Scotia Utility and Review Board (“Board”) considered the manner in which it would proceed to set petroleum product prices in its decision, 2006 NSUARB 108, issued on October 16, 2006; And
whereas the Board revised the wholesale margin effective January 4, 2013, in its decision, 2012 NSUARB 213, issued on December 12, 2012; And
whereas on December 30, 2020, the Board issued an interim order in Matter M09952 increasing the wholesale margin for self-service and full-service gasoline and diesel, on an interim basis, by 2.50 cents per litre (cpl) to a total of 9.15 cpl; And
whereas the Board revised the retail markup and the transportation allowance effective October 28, 2016, in its decision, 2016 NSUARB 168, issued on September 26, 2016, and on February 1, 2021, the Board issued an order in Matter M09727 approving an increase to the minimum self-service and full-service retail markup by 0.3 cpl and to the maximum self-service retail markup by 0.4 cpl, to a total for the minimum of 5.4 cpl, and for the maximum of 7.4 cpl; And
whereas in a decision dated April 15, 2021, in Matter 09727 (2021 NSUARB 50), the Board directed a process to consider a retail markup adjustment mechanism, applied monthly, to address ongoing Covid-19- © NS Office of the Registrar of Regulations. Web version. 252
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Part II - Regulations Vol. 45, No. 14 related reduced sales volumes to ensure just and reasonable prices for petroleum products pending recovery from the pandemic, and on June 2, 2021, the Board issued an order approving the methodology for the monthly adjustment mechanism; And
whereas the average of the average of the daily high and low reported product prices (in Canadian cents) for the period ended June 9, 2021, are: Grade 1 Regular gasoline 69.65¢ per litre Ultra-low-sulfur diesel oil 67.75¢ per litre
Now therefore the Board prescribes the benchmark prices for petroleum products to be: Gasoline: Grade 1 69.65¢ per litre Grade 2 72.65¢ per litre Grade 3 75.65¢ per litre Ultra-low-sulfur diesel oil 67.75¢ per litre And
now therefore the Board has determined, based on historical data regarding price changes and to achieve revenue neutrality, it is appropriate to apply, and the Board so orders, forward averaging corrections of: Gasoline: plus 0.6¢ per litre Ultra-low-sulfur diesel oil: plus 0.8¢ per litre And
now therefore the Board orders that a monthly adjustment to the retail markup is required to account for the impact of the Covid-19 pandemic on current sales volumes, as follows: Gasoline: minimum self service and full-service: plus 0.7¢ per litre maximum self-service: plus 1.0¢ per litre Ultra-low-sulfur diesel oil: minimum self service and full-service: plus 0.3¢ per litre maximum self-service: plus 0.4¢ per litre And
now therefore the Board prescribes the prices for petroleum products as set forth in
Schedule “A” effective on and after 12:01 a.m., June 11, 2021. Dated at Halifax, Nova Scotia, this 10th day of June, 2021. sgd. Crystal Henwood Clerk of the Board © NS Office of the Registrar of Regulations. Web version. 253
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Part II - Regulations Vol. 45, No. 14
Schedule “A” Prices Prescribed for Petroleum Products under the Petroleum Products Pricing Act and the Petroleum Products Pricing Regulations effective on and after 12:01 a.m. on June 11, 2021 Nova Scotia Petroleum Price
Schedule Petroleum Prices in Cents/Litre Self-Service Full-Service Pump Prices Pump Prices (Pump Prices includes 15% HST) Base Fed. Wholesale Prov.
Wholesale Excise Selling Tax Price Tax Price Min Max Min Max Zone 1 Regular Unleaded 81.27 10.0 15.5 106.77 129.8 132.4 129.8 999.9 Mid-Grade Unleaded 84.27 10.0 15.5 109.77 133.3 135.9 133.3 999.9 Premium Unleaded 87.27 10.0 15.5 112.77 136.7 139.3 136.7 999.9 Ultra-Low-Sulfur Diesel 79.92 4.0 15.4 99.32 120.8 123.2 120.8 999.9 Zone 2 Regular Unleaded 81.77 10.0 15.5 107.27 130.4 133.0 130.4 999.9 Mid-Grade Unleaded 84.77 10.0 15.5 110.27 133.8 136.5 133.8 999.9 Premium Unleaded 87.77 10.0 15.5 113.27 137.3 139.9 137.3 999.9 Ultra-Low-Sulfur Diesel 80.42 4.0 15.4 99.82 121.3 123.8 121.3 999.9 Zone 3 Regular Unleaded 82.17 10.0 15.5 107.67 130.8 133.5 130.8 999.9 Mid-Grade Unleaded 85.17 10.0 15.5 110.67 134.3 136.9 134.3 999.9 Premium Unleaded 88.17 10.0 15.5 113.67 137.7 140.4 137.7 999.9 Ultra-Low-Sulfur Diesel 80.82 4.0 15.4 100.22 121.8 124.2 121.8 999.9 Zone 4 Regular Unleaded 82.27 10.0 15.5 107.77 131.0 133.6 131.0 999.9 Mid-Grade Unleaded 85.27 10.0 15.5 110.77 134.4 137.0 134.4 999.9 Premium Unleaded 88.27 10.0 15.5 113.77 137.9 140.5 137.9 999.9 Ultra-Low-Sulfur Diesel 80.92 4.0 15.4 100.32 121.9 124.3 121.9 999.9 Zone 5 Regular Unleaded 82.27 10.0 15.5 107.77 131.0 133.6 131.0 999.9 Mid-Grade Unleaded 85.27 10.0 15.5 110.77 134.4 137.0 134.4 999.9 Premium Unleaded 88.27 10.0 15.5 113.77 137.9 140.5 137.9 999.9 Ultra-Low-Sulfur Diesel 80.92 4.0 15.4 100.32 121.9 124.3 121.9 999.9 Zone 6 Regular Unleaded 82.97 10.0 15.5 108.47 131.8 134.4 131.8 999.9 Mid-Grade Unleaded 85.97 10.0 15.5 111.47 135.2 137.9 135.2 999.9 Premium Unleaded 88.97 10.0 15.5 114.47 138.7 141.3 138.7 999.9 Ultra-Low-Sulfur Diesel 81.62 4.0 15.4 101.02 122.7 125.1 122.7 999.9 © NS Office of the Registrar of Regulations.
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N.S. Reg. 100/2021 Royal Gazette
Part II - Regulations Vol. 45, No. 14 N.S. Reg. 100/2021 Made: March 4, 2021 Approved: May 25, 2021 Filed: June 18, 2021 Chicken Farmers of Nova Scotia Regulations–amendment Order dated June 11, 2021 Amendment to regulations made by the Chicken Farmers of Nova Scotia and approved by the Natural Products Marketing Council pursuant to
Section 9 of the Natural Products Act Chicken Farmers of Nova Scotia Amendment to the Chicken Farmers of Nova Scotia Regulations made under the Natural Products Act I certify that on March 4, 2021, the Chicken Farmers of Nova Scotia, pursuant to
Section 9 of
Chapter 308 of the Revised Statutes of Nova Scotia, 1989, the Natural Products Act, as delegated by
Section 7 of the Nova Scotia Chicken Marketing Plan, N.S. Reg. 241/82, carried a motion to amend the Chicken Farmers of Nova Scotia Regulations, N.S. Reg. 109/2020, approved by the Natural Products Marketing Council on August 20, 2020, in the manner set forth in the attached
Schedule “A”, effective on and after June 7, 2021. Signed at Kentville, in the County of Kings, Nova Scotia on June 11, 2021. Chicken Farmers of Nova Scotia per: sgd. Christine Bell Christine Bell Executive Director Approved by the Natural Products Marketing Council at Truro, in the County of Colchester, Nova Scotia on May 25, 2021. Natural Products Marketing Council per: sgd. Danielle Dorn Kouwenberg Danielle Dorn Kouwenberg Acting Director
Schedule “A” Amendment to the Chicken Farmers of Nova Scotia Regulations made by the Chicken Farmers of Nova Scotia pursuant to
Section 9 of
Chapter 308 of the Revised Statutes of Nova Scotia, 1989, the Natural Products Act
Section 2 of the Chicken Farmers of Nova Scotia Regulations, N.S. Reg. 109/2020, made by the Chicken Farmers of Nova Scotia, and approved by the Natural Products Marketing Council on August 20, 2020, is amended by adding the following definition immediately after the definition of “immediate family”: © NS Office of the Registrar of Regulations. Web version. 1 255
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Part II - Regulations Vol. 45, No. 14 “initial acquisition” means the quota transfer in which the Commodity Board first registers quota in a producer’s name; 2
Section 7 of the regulations is repealed and the following substituted: Minimum base quota 7
(1) The minimum annual base quota that may be registered to a producer at initial acquisition of base quota is 235,000 kg live weight.
(2) The Commodity Board may register less than the minimum base quota to a producer if there has been an adjustment to decrease the total base quota under subsection 9F(3). 3
Section 9G of the regulations is amended by repealing subsections (3) and (4) and substituting the following:
(3) A producer who transfers part of their base quota is not eligible for increases to base quota under subsection 9F(2) if the increase results in the producer having more registered quota than they had immediately after the transfer. (4) Subsection (3) applies from the beginning of the marketing period for which the transfer was effective until the beginning of the first marketing period of the third full base quota period after the effective date of the transfer. (5) Subsection (2) will not apply when a producer who is a natural person applies to and obtains approval from the Commodity Board to transfer all of their base quota and any adjustment to base quota to a corporation, partnership or trust in which the natural person is a beneficial shareholder, partner or beneficiary. 4
Section 9H of the regulations is amended by (
a) repealing subsection (2) and substituting the following:
(2) The Commodity Board may modify the amount of an adjustment to decrease base quota apportioned to a producer under subsection 9F(3). (
b) in subsection (3) removing the brackets around “[subsection]” before “8(8)”. © NS Office of the Registrar of Regulations. Web version. 256
N.S. Reg. 101/2021 Royal Gazette
Part II - Regulations Vol. 45, No. 14 N.S. Reg. 101/2021 Made: June 17, 2021 Filed: June 18, 2021 Prescribed Petroleum Products Prices Order dated June 17, 2021 made by the Nova Scotia Utility and Review Board pursuant to
Section 14 of the Petroleum Products Pricing Act and Sections 16 to 19 of the Petroleum Products Pricing Regulations Order In the matter of the Petroleum Products Pricing Act M10144 - and - In the matter of prescribing prices for petroleum products pursuant to
Section 14 of the Petroleum Products Pricing Act and Sections 16 to 19 of the Petroleum Products Pricing Regulations Before: Roberta J. Clarke, Q.C., Member
Whereas the purpose of the Petroleum Products Pricing Regulations is to ensure just and reasonable prices for specified petroleum products taking into consideration the objectives of preserving the availability of such products in rural areas, stabilizing prices of such products and minimizing the variances in prices of such products across the Province; And
whereas the Nova Scotia Utility and Review Board (“Board”) considered the manner in which it would proceed to set petroleum product prices in its decision, 2006 NSUARB 108, issued on October 16, 2006; And
whereas the Board revised the wholesale margin effective January 4, 2013, in its decision, 2012 NSUARB 213, issued on December 12, 2012; And
whereas on December 30, 2020, the Board issued an interim order in Matter M09952 increasing the wholesale margin for self-service and full-service gasoline and diesel, on an interim basis, by 2.50 cents per litre (cpl) to a total of 9.15 cpl; And
whereas the Board revised the retail markup and the transportation allowance effective October 28, 2016, in its decision, 2016 NSUARB 168, issued on September 26, 2016, and on February 1, 2021, the Board issued an order in Matter M09727 approving an increase to the minimum self-service and full-service retail markup by 0.3 cpl and to the maximum self-service retail markup by 0.4 cpl, to a total for the minimum of 5.4 cpl, and for the maximum of 7.4 cpl; And
whereas in a decision dated April 15, 2021, in Matter 09727 (2021 NSUARB 50), the Board directed a process to consider a retail markup adjustment mechanism, applied monthly, to address ongoing Covid-19- related reduced sales volumes to ensure just and reasonable prices for petroleum products pending recovery from the pandemic, and on June 2, 2021, the Board issued an order approving the methodology for the monthly adjustment mechanism; And
whereas the average of the average of the daily high and low reported product prices (in Canadian cents) for the period ended June 16, 2021, are: Grade 1 Regular gasoline 69.15¢ per litre Ultra-low-sulfur diesel oil 68.02¢ per litre
Now therefore the Board prescribes the benchmark prices for petroleum products to be: © NS Office of the Registrar of Regulations. Web version. 257
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Part II - Regulations Vol. 45, No. 14 Gasoline: Grade 1 69.15¢ per litre Grade 2 72.15¢ per litre Grade 3 75.15¢ per litre Ultra-low-sulfur diesel oil 68.02¢ per litre And
now therefore the Board has determined, based on historical data regarding price changes and to achieve revenue neutrality, it is appropriate to apply, and the Board so orders, forward averaging corrections of: Gasoline: nil Ultra-low-sulfur diesel oil: plus 0.70¢ per litre And
now therefore the Board orders that a monthly adjustment to the retail markup is required to account for the impact of the Covid-19 pandemic on current sales volumes, as follows: Gasoline: minimum self service and full-service: plus 0.70¢ per litre maximum self-service: plus 1.00¢ per litre Ultra-low-sulfur diesel oil: minimum self service and full-service: plus 0.30¢ per litre maximum self-service: plus 0.40¢ per litre And
now therefore the Board prescribes the prices for petroleum products as set forth in
Schedule “A” effective on and after 12:01 a.m., June 18, 2021. Dated at Halifax, Nova Scotia, this 17th day of June, 2021. sgd. Lisa Wallace Clerk of the Board
Schedule “A” Prices Prescribed for Petroleum Products under the Petroleum Products Pricing Act and the Petroleum Products Pricing Regulations effective on and after 12:01 a.m. on June 18, 2021 Nova Scotia Petroleum Price
Schedule Petroleum Prices in Cents/Litre Self-Service Full-Service Pump Prices Pump Prices (Pump Prices includes 15% HST) Base Wholesale Price Fed. Excise Tax Prov.
Tax Wholesale Selling Price Min Max Min Max Zone 1 Regular Unleaded 80.69 Mid-Grade Unleaded 83.69 Premium Unleaded 86.69 Ultra-Low-Sulfur Diesel 80.75 10.0 10.0 10.0 4.0 15.5 15.5 15.5 15.4 106.19 109.19 112.19 100.15 129.1 131.8 132.6 135.2 136.0 138.7 121.7 124.1 129.1 999.9 132.6 999.9 136.0 999.9 121.7 999.9 Zone 2 Regular Unleaded 81.19 Mid-Grade Unleaded 84.19 Premium Unleaded 87.19 Ultra-Low-Sulfur Diesel 81.25 10.0 10.0 10.0 4.0 15.5 15.5 15.5 15.4 106.69 109.69 112.69 100.65 129.7 132.4 133.2 135.8 136.6 139.3 122.3 124.7 129.7 999.9 133.2 999.9 136.6 999.9 122.3 999.9 © NS Office of the Registrar of Regulations.
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Part II - Regulations Vol. 45, No. 14 Zone 3 Regular Unleaded 81.59 10.0 15.5 107.09 130.2 132.8 130.2 999.9 Mid-Grade Unleaded 84.59 10.0 15.5 110.09 133.6 136.3 133.6 999.9 Premium Unleaded 87.59 10.0 15.5 113.09 137.1 139.7 137.1 999.9 Ultra-Low-Sulfur Diesel 81.65 4.0 15.4 101.05 122.8 125.2 122.8 999.9 Zone 4 Regular Unleaded 81.69 10.0 15.5 107.19 130.3 132.9 130.3 999.9 Mid-Grade Unleaded 84.69 10.0 15.5 110.19 133.7 136.4 133.7 999.9 Premium Unleaded 87.69 10.0 15.5 113.19 137.2 139.8 137.2 999.9 Ultra-Low-Sulfur Diesel 81.75 4.0 15.4 101.15 122.9 125.3 122.9 999.9 Zone 5 Regular Unleaded 81.69 10.0 15.5 107.19 130.3 139.2 130.3 999.9 Mid-Grade Unleaded 84.69 10.0 15.5 110.19 133.7 136.4 133.7 999.9 Premium Unleaded 87.69 10.0 15.5 113.19 137.2 139.8 137.2 999.9 Ultra-Low-Sulfur Diesel 81.75 4.0 15.4 101.15 122.9 125.3 122.9 999.9 Zone 6 Regular Unleaded 82.39 10.0 15.5 107.89 131.1 133.7 131.1 999.9 Mid-Grade Unleaded 85.39 10.0 15.5 110.89 134.5 137.2 134.5 999.9 Premium Unleaded 88.39 10.0 15.5 113.89 138.0 140.6 138.0 999.9 Ultra-Low-Sulfur Diesel 82.45 4.0 15.4 101.85 123.7 126.1 123.7 999.9 N.S.
Reg. 102/2021 Made: June 18, 2021 Filed: June 21, 2021 Ferriage Charges Regulations–repeal Order in Council 2021-169 dated June 18, 2021 Repeal of regulations made by the Governor in Council pursuant to
Section 6 of the Ferries Act The Governor in Council on the report and recommendation of the Minster of Transportation and Active Transit dated June 4, 2021, and pursuant to
Section 6 of
Chapter 168 of the Revised Statutes of Nova Scotia, 1989, the Ferries Act, is pleased to repeal the Ferriage Charges Regulations, N.S. Reg. 235/2006, made by the Governor in Council by Order in Council 2006-575 dated December 20, 2006, effective on and after June 18, 2021. © NS Office of the Registrar of Regulations. Web version. 259
N.S. Reg. 103/2021 Royal Gazette
Part II - Regulations Vol. 45, No. 14 N.S. Reg. 103/2021 Made: June 15, 2021 Filed: June 21, 2021 Tariff of Fees for Insured Ocular Prosthetic Services–replacement Order dated June 15, 2021 Repeal of regulations and regulations made by the Minister of Health and Wellness pursuant to clause 13(1)(
c) of the Health Services and Insurance Act Order In the matter of a tariff of fees established by the Minister of Health and Wellness pursuant to clause 13(1)(
c) of the Health Services and Insurance Act with respect to insured ocular prosthetic services I, Zach Churchill, Minister of Health and Wellness for the Province of Nova Scotia, pursuant to clause 13(1)(
c) of
Chapter 197 of the Revised Statutes of Nova Scotia, 1989, the Health Services and Insurance Act, hereby (
a) repeal the tariff of fees for ocular prosthetic services established by the Prosthetic Devices Tariffs Regulations, N.S. Reg. 32/99, approved by the Governor in Council by Order in Council 1999-146 dated April 7, 1999; (
b) establish a new tariff of fees to be paid for the insured ocular prosthetic services set out in the regulations respecting insured ocular prosthetic services, in the manner set forth in the attached
Schedule “A”; and (
c) authorize payments in respect of the new tariff. This Order is effective on and after the date that the Governor in Council approves the authorization of payments in respect of the new tariff. Dated and made June 15, 2021, at Yarmouth, Province of Nova Scotia. sgd. Zach Churchill Honourable Zach Churchill Minister of Health and Wellness
Schedule “A” Tariff of Fees for Insured Ocular Prosthetic Services made by the Minister of Health and Wellness under clause 13(1)(
c) of
Chapter 197 of the Revised Statutes of Nova Scotia, 1989, the Health Services and Insurance Act Citation 1 These regulations may be cited as the Tariff of Fees for Insured Ocular Prosthetic Services. Tariff of fees 2 The fee for each insured ocular prosthetic service prescribed in
Schedule C of the Prosthetic Devices Tariffs Regulations is listed in the following table: © NS Office of the Registrar of Regulations. Web version. 260
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Part II - Regulations Vol. 45, No. 14 Insured Ocular Prosthetic Service Fee 1 April 2021– 31 March 2022 Fee on and after 1 April 2022 Scleral prosthetic $1655.53 $1688.64 Conventional prosthetic $1435.40 $1464.11 Build-up $428.30 $436.87 Adjustment $145.62 $148.53 Reglazing and recheck $55.69 $56.80 Conformer $303.61 $309.68 House call, including home, hospital and continuing care facility $73.56/hour $75.03/hour © NS Office of the Registrar of Regulations. Web version. 261