© NS Registry of Regulations. Web version. 635

Part II Regulations under the Regulations Act Printed by the Queen’s Printer Halifax, Nova Scotia Vol. 35, No. 15 July 29, 2011 Contents Act Reg. No.

Page Apprenticeship and Trades Qualifications Act O i l H e a t S y s t e m T e c h n i c i a n T r a d e R e g u l a t i o n s .................................241/2011 701 P l u m b e r T r a d e R e g u l a t i o n s ................................................. 239/2011 696 Steamfitter/Pipefitter Trade Regulations ....................................... 240/2011 698 Condominium Act Proclamation of amendments to Act, S. 31, S.N.S. 2009, c. 10 ...................... 229/2011 637 Condominium Regulations–amendment ....................................... 230/2011 638 Motor Vehicle Act Proclamation of amendments to Act, S. 2, S.N.S. 2010, c. 21 ....................... 231/2011 678 Classes of Vehicles to be Tested at Official Testing Stations Regulations–amendment . . . 243/2011 707 I d e n t i f i c a t i o n a n d P r o o f o f R e g i s t r a t i o n R e g u l a t i o n s – a m e n d m e n t ...................237/2011 692 V e h i c l e I n s p e c t i o n R e g u l a t i o n s – a m e n d m e n t .................................... 238/2011 693 V e h i c l e W a r n i n g L i g h t s R e g u l a t i o n s – a m e n d m e n t................................233/2011 685 W e i g h t s a n d D i m e n s i o n s o f V e h i c l e s R e g u l a t i o n s – a m e n d m e n t .....................232/2011 679 Petroleum Products Pricing Act Prescribed Petroleum Products Prices ......................................... 235/2011 688 Prescribed Petroleum Products Prices ......................................... 236/2011 690 Public Sector Compensation Disclosure Act P u b l i c S e c t o r B o d y D e s i g n a t i o n R e g u l a t i o n s ................................... 234/2011 687

Summary Proceedings Act S u m m a r y O f f e n c e T i c k e t s R e g u l a t i o n s – a m e n d m e n t ..............................242/2011 704

636 © NS Registry of Regulations. Web version. 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. 229/2011 Royal Gazette

Part II - Regulations Vol. 35, No. 15 © NS Registry of Regulations. Web version. 637 N.S. Reg. 229/2011 Made: July 5, 2011 Filed: July 6, 2011 Proclamation, S. 31, S.N.S. 2009, c. 10 Order in Council 2011-251 dated July 5, 2011 Proclamation made by the Governor in Council pursuant to

Section 31 of

An Act to Amend

Chapter 85 of the Revised Statutes, 1989, the Condominium Act The Governor in Council on the report and recommendation of the Minister of Service Nova Scotia and Municipal Relations dated May 4, 2011, and pursuant to

Section 31 of

Chapter 10 of the Acts of 2009,

An Act to Amend

Chapter 85 of the Revised Statutes, 1989, the Condominium Act, is pleased to order and declare by proclamation that

Chapter 10 of the Acts of 2009,

An Act to Amend

Chapter 85 of the Revised Statutes, 1989, the Condominium Act, do come into force on and not before September 1, 2011. PROVINCE OF NOVA SCOTIA sgd: Mayann Francis 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 31 of

Chapter 10 of the Acts of 2009,

An Act to Amend

Chapter 85 of the Revised Statutes, 1989, the Condominium Act, it is enacted as follows: 31 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 10 of the Acts of 2009,

An Act to Amend

Chapter 85 of the Revised Statutes, 1989, the Condominium Act, do come into force on and not before September 1, 2011; 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 10 of the Acts of 2009,

An Act to Amend

Chapter 85 of the Revised Statutes, 1989, the Condominium Act, do come into force on and not before September 1, 2011, 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 Her Honour the Honourable Mayann E. Francis, Lieutenant Governor of the Province of Nova Scotia.

N.S. Reg. 229/2011 - 230/2011 Royal Gazette

Part II - Regulations Vol. 35, No. 15 638 © NS Registry of Regulations. Web version. AT Our Government House in the Halifax Regional Municipality, this 5th day of July in the year of Our Lord two thousand and eleven and in the sixtieth year of Our Reign. BY COMMAND: sgd: Ross Landry Provincial Secretary Minister of Justice and Attorney General N.S. Reg. 230/2011 Made: July 5, 2011 Filed: July 6, 2011 Condominium Regulations Order in Council 2011-252 dated July 5, 2011 Amendment to regulations made by the Governor in Council pursuant to

Section 46 of the Condominium Act The Governor in Council on the report and recommendation of the Minister of Service Nova Scotia and Municipal Relations dated May 11, 2011, upon notice of a fee increase having been presented to the House of Assembly/Clerk of the Assembly in accordance with

Section 4 of

Chapter 8 of the Acts of 2007, the Fees Act, and pursuant to

Section 46 of

Chapter 85 of the Revised Statutes of Nova Scotia, 1989, the Condominium Act, is pleased to amend the regulations respecting condominiums, N.S. Reg. 60/71, made [by the Governor in Council] by Order in Council 71-1173 dated November 23, 1971, in the manner set forth in

Schedule “A” attached to and forming part of the report and recommendation, effective on and after September 1, 2011.

Schedule “A” Amendment to the Regulations Respecting Condominiums made under

Section 46 of

Chapter 85 of the Revised Statutes of Nova Scotia, [1989,] the Condominium Act 1 Subsection 1(2) of the regulations respecting condomin iums, N.S. Reg. 60/71, made by [the] Governor in Council by Order in Council 71-1173 dated November 23, 1971, is amended by (

a) striking out “barrister” wherever it appears in clause (

a) and substituting “lawyer”; (

b) striking out “Barristers and Solicitors Act” in clause (

a) and substituting “Legal Profession Act”; (

c) relettering clause (

a) as clause (da); (

d) adding the following clauses immediately before clause (b): (a) “condominium appeals officer” means a person appointed under subsection 82C(1) to hear an appeal of a decision of a condominium dispute officer under

Section 33 of the Act and Sections 82C and 82D;

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Part II - Regulations Vol. 35, No. 15 © NS Registry of Regulations. Web version. 639 (aa) “condominium dispute officer” means a person appointed in subsection 82A(1) to hear disputes between a condominium corporation and a unit owner under

Section 33 of the Act and Sections 82A and 82B; (

e) striking out “Planning Act” in clause (

f) and substituting “ Municipal Government Act”; and (

f) striking out “Registrar of Deeds” in cl ause (

f) and substituting “land registration”. 2

Section 2 of the regulations is repealed. 3 The regulations are further amended by adding the following

Section immediately before Part A: Prescribed forms 2 The forms listed in the following table and as attached to these regulations in

Schedule “C” are prescribed to be used for the purposes stated: Form No. Purpose of Form 1 lawyer’s certificate to accompany report on title 2 surveyor’s certificate to accompany report on title 3 notice to Registrar of initial Board of Directors under clause 14(b)(1) of the Act 4 surveyor’s certificate for use on all plans 5 surveyor’s certificate under clause 21(1)(

d) for use where units are defined by reference to buildings 6 certificate of owners under clause 21(1)(g) 7 notice of expropriation under subsections 39(1) to (3) of the Act 8 dedication by the Board of additional land to common elements under

Section 46 9 appointment of agent of condominium corporation 10 notice of termination following substan tial damage under

Section 36 of the Act 11 notice of termination under

Section 41 of the Act 12 partial discharge of judgment under subsection 20(2) of the Act 13 notice of condominium corporation lie n under subsection 31(6) of the Act 14 discharge of condominium corporation lien under subsection 31(10) of the Act 15 certificate of condominium corporation a bout corporation by-laws under

Section 67 15A certificate of declarant about corporation by-laws under

Section 67 16 certificate of condominium corporation about owners’ consent to the consolidation of units under clause 72A(b) 17 Registrar’s certificate that the applica tion to consolidate units was accepted for registration under subsection 14(5) of the Act 18 certificate of condominium corporation conf irming owners’ consent to amalgamation of corporations under clause 54A(b) 19 Registrar’s notice requiring documentation from corporation under subsection 45A(2) of the Act

N.S. Reg. 230/2011 Royal Gazette

Part II - Regulations Vol. 35, No. 15 640 © NS Registry of Regulations. Web version. 20 architect’s certificate under clause 12(1)(

e) of the Act 21 engineer’s certificate under clause 12(1)(

e) of the Act 22 certificate of condominium corporation about owners’ consent to an amendment of the description required by subsection 12(3) of the Act 23 notice of intent to have dispute arb itrated under subsection 33A(2) of the Act 24 declarant’s notice under subsection 76(7) of decision not to proceed with proposed phases 25 notice to owner and tenant of tenant’s breach of condominium declaration, by-laws or common element rules under

Section 44C(1) of the Act 26 application to condominium dispute officer to hear a dispute between a condominium corporation and a unit owner 27 notice of an appeal of a decision of a condominium dispute officer 28 notice of proposed rule change to be gi ven by board of directors under subsection 24(1B) of the Act 4 The title to Part A is amended by adding “Documen ts filed with” immediately before “Report on Title”. 5 (1) Subsection 3(2) of the regulations is rep ealed and subsection (1) redesignated as

Section 3.

(2) Section 3 is further amended by striking out “An ab stract of title shall be prepared by a barrister in accordance with conveyancing practice and shall” and substituting “The Registrar may require any of the following documentation to accompany a report on title submitted on registration of a declaration:”.

(3) Clause 3(

b) is repealed.

(4) Clause 3(

a) is relettered as clause (b), and amended by (

a) striking out “include”; and (

b) striking out “a surveyor” and substituting “the surveyor who prepared the plan of survey referred to in clause (a)”. (4)*

Section 3 is further amended by adding the following clause immediately before clause (b): (

a) a plan of survey prepared in accordance with

Section 4;

(5) Clause 3(

c) is amended by (

a) striking out “be accompanied by”; and (

b) adding “, confirming that there are no outstanding taxes owing for the property” immediately after “municipality”.

(6) Clause 3(

d) is amended by (

a) striking out “be accompanied by”; and (

b) striking out “such barrister” and substituting “a lawyer”.

N.S. Reg. 230/2011 Royal Gazette

Part II - Regulations Vol. 35, No. 15 © NS Registry of Regulations. Web version. 641 6 Subsection 4(2) of the regulations is amended by st riking out “description of the property included in the abstract prepared by the barrister pursuant to

Section 2” and substituting “metes and bounds description of the property accompanying the report on title”. 7

Section 4A of the regulations is amended by striki ng out “an abstract of title for the phase prepared in accordance with

Section 3 and a plan of survey prepared in accordance with

Section 4” and substituting “a current report on title for the phase and the documentation required by the Registrar in accordance with

Section 3”. 8

Section 5 of the regulations is amended by striking out “an abstract of title and a barrister’s certificate relating thereto, prepared in accordance with

Section 6” and substituting “a current report on title for each unit and a certificate from a lawyer certifying that the lawyer believes all encumbrances affecting the units and the common interest appurtenant thereto are listed in the certificate”. 9 The regulations are further am ended by repealing

Section 6. 10

Section 8 of the regulations is amended by striking out “these regulations” and substituting “this Part of the regulations”. 11

Section 12 of the regulations is amended by (

a) repealing subsection (1) and s ubstituting the following subsection:

(1) If a plan satisfies the requirements of the Act and the regulations, the Registrar must endorse acceptance for registration of the plan on the plan. (

b) striking out “examine a survey on the ground” in subsection (2) and substituting “conduct a site visit to examine a survey”; and (

c) striking out “subsection 2” in subsection (3) and substituting “the Act and the regulations” . 12

Section 13 of the regulations is amended by st riking out “approval” and substituting “registration”. 13

Section 14 of the regulations is amended by (

a) striking out “approve” in subsection (1) and substituting “accept”; and (

b) striking out “approved by him” in subsecti on (2) and substituting “accepted for registration”. 14

Section 19 of the regulations is amended by adding “and shall run in a clockwise direction” immediately after “poles of the earth”. 15

Section 21 of the regulations is amended by (

a) striking out the remainder of clause [(1)](

f) immediately after “the following notation:” and substituting ““Declaration registered at the applicable land registration office as Document number _______”; and”; and (

b) adding the following subsection immediately after subsection (3):

(4) All signatures on the plan must be original signatures.

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Section 24 of the regulations is amended by adding “and run in a clockwise direction” immediately after “cardinal points”. 17 Clause 30(2)(

c) of the regulations is amended by adding “, Year____________, Document number_________________” immediately after “page ”. 18 Subsection 38(3) of the regulations is amended by st riking out “the duplicate plan to be retained at the Registry of Deeds” and substituting “one of the duplicate plans”. 19 The regulations are further amended by repea ling

Section 40 and substituting the following Section: 40

(1) Plans of levels above Level 1 must be numbered consecutively beginning with the number “2” and plans of levels below Level 1 must be lettered alphabetically beginning with the letter “A”.

(2) Plans of levels other than Level 1 must be designated by the word “Level” and the appropriate number or letter and must conform to the following criteria: (b)[(a)] they may be compiled from information obtained from the structural plans and the plan of Level 1; (c)[(b)] they must include all of the following: (

i) a

section or perspective drawing, sufficiently accurate to portray the vertical relationship of all levels, (ii) a drawing that shows the exterior elev ations of all 4 principal views of the building at a scale not less than 1/16"=1 foot, showing exterior wall finishes and patterns of windows and doors, down to normal architectural trim. 20

Section 41 of the regulations is repealed. 21 The regulations are further amended by repea ling

Section 42 and substituting the following Section: 42 A condominium document required under the Act or the regulations may not be recorded or registered by a registrar of deeds under the Registry Act or the Land Registration Act unless the Registrar of Condominiums has endorsed [it] as accepted for registration. 22

Section 43 of the regulations is repealed. 23 The regulations are further amended by repea ling

Section 44 and substituting the following Section: 44 On receiving a condominium document from the Registrar of Condominiums that is endorsed in accordance with

Section 42, a registrar of deeds must register or record the document in accordance with the Registry Act or the Land Registration Act, as applicable, and issue a receipt showing the day, hour and minute it was registered or recorded. 24

Section 45 of the regulations is repealed. 25

Section 46 of the regulations is amended by striki ng out “in the Condominium Corporations Register” and substituting “in accordance with the Registry Act or the Land Registration Act, as applicable,”. 26 Sections 47 and 48 of the regulations are repealed.

N.S. Reg. 230/2011 Royal Gazette

Part II - Regulations Vol. 35, No. 15 © NS Registry of Regulations. Web version. 643 27 The regulations are further amended by repea ling

Section 49 and substituting the following Section: 49 The fees set out in

Schedule “B” are the only fees payable to a registrar of deeds in respect of services they perform under the Act and these regulations. 28

Section 53 of the regulations is amended by (

a) adding “the only fees” immediately before “payable to the Registrar”; and (

b) striking out “and no other fees are exigible therefor”. 29 (1) Clause 54(1)(

b) of the regulations is amended by (

a) striking out “and person”; and (

b) adding “or the Land Registration Act, as applicable” immediately after “Registry Act”. (2) Clause 54(1)(

c) is amended by striking out “approval under the Planning Act in accordance with these regulations” and substituting “a statutory declaration from a municipal development officer in accordance with

Section 61”. (3) Clause 54(1)(

d) is amended by striking out “approved” and substituting “reviewed”.

(4) Section 54 of the regulations is further ame nded by adding the following subsection immediately after subsection (1): (1A) The description of a standard unit for each class of units required to be in a declaration by subsection 11(2A) of the Act must include specifications of the components in a basic, non- upgraded unit, in enough detail to determine the responsibility for insuring and repairing the components, which components may include, but are not limited to, any of the following: (

a) cupboards; (

b) countertops; (

c) flooring; (

d) wall coverings; (

e) electrical and plumbing fixtures; (

f) appliances; (

g) heating and ventilation systems. (5) Subsection 54(2) of the regulations is amended by (

a) striking out “54”; (

b) adding “all of the following:” immediately after “shall include”; (

c) striking out “and” and [at] the end of clause (e);

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d) striking out the period at the end of clause (

f) and substituting a semicolon; and (

e) adding the following clause immediately after clause (f): (

g) if applicable, a statement that the unit ow ner is responsible for installing their own services and utilities. (6) Subsection 54(3) of the regulations is amended by (

a) striking out “file with” and substituting “provide to”; and (

b) adding “that are to be installed by the de veloper” immediately before “are completed”. 30

Section 54A of the regulations is amended by (

a) adding “all of the following:” immediately after “accompanied by”; (

b) adding the following clause immediately after clause (b): (ba) proof, in a form satisfactory to the Registra r, of the owners’ vote approving the amalgamation by the percentage of owners required by clause 29B(1)(

b) of the Act; (

c) repealing clause (

c) and substituting the following clause: (

c) a supplementary report on title for the units a nd the lands of each amalgamating corporation in accordance with

Section 5; (

d) striking out “and” at the end of clause (e); (

e) striking out the period at the end of clause (

f) and substituting a semicolon; and (

f) adding the following clauses immediately after clause (f): (

g) a copy of the reserve-fund study for the amalgamated corporation; (

h) a copy of the proposed by-laws of the amalgamated corporation; (

i) current survey plans for the amalgamated corporation prepared in accordance with the regulations; (

j) current architectural plans for the amalgama ted corporation prepared in accordance with the regulations. 31

(1) Section 55 of the regulations is amended by striking out “the conveyance for registration” and substituting “the amendment to the declaration and description for registration”.

(2) Clause 55(

a) of the regulations is amended by striking out “owners who own at least 80% of the common elements” and substituting “the Board”.

(3) Clause 55(

b) of the regulations is re pealed and the following clause substituted: (

b) it is accompanied by the proof of its execution by the Board that is required by the Registry Act or the Land Registration Act, as applicable.

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Part II - Regulations Vol. 35, No. 15 © NS Registry of Regulations. Web version. 645 32 Subsection 56(2) of the regulations is amended by striking out “or (4)”. 33 (1) Subsection 57(2) of the regulations is amended by (

a) adding “or the Land Registration Act, as applicable” after “Registry Act” in clause (b); (

b) striking out the period at the end of clause (

b) and substituting “; and”; and (

c) adding the following clause immediately after clause (b): (

c) it is accompanied by affidavits of matrimonial status for each owner and the necessary spousal consents and releases required under the Matrimonial Property Act.

(2) Section 57 of the regulations is furt her amended by repealing subsection (3). 35* The title to Part F of the regulations is amended by striking out “Planning Act” and substituting “Municipal Government Act and the Halifax Regional Municipality Charter”. 36* The regulations are further amended by repealing

Section 61 and substituting the following Section: 61 The Registrar of Condominiums shall not accept a declaration or description, or any amendment to a declaration or description, for registration unless the applicant provides the Registrar with a statutory declaration from the development officer for the municipality where the proposed development is located, confirming all of the following: (

a) that the proposed development being submitted for registration, and as shown on a survey plan attached to the statutory declaration, satisfies the land use requirements of the municipality or the land use by-laws or the development agreement, as applicable; (

b) that an occupancy permit has been issu ed for each residential unit in the proposed development; (

c) that the development officer is aware that th e proposed development is to be registered under the Condominium Act; (

d) that the municipality has no objection to the registration taking place if the municipality’s easements and interests in the property are maintained. 37* The regulations are further amended by repealing Sections 62 and 62A. 38*

Section 62B of the regulations is repealed and the following

Section substituted: 62B For greater certainty, unless otherwise provided in the Act or these regulations, the Municipal Government Act and the Halifax Regional Municipality Charter, as applicable, and their regulations and by-laws apply with respect to (

a) the proposed development; and (

b) the property of the condominium corporation, upon acceptance of the description and declaration for registration. 39*

Section 64 of the regulations is amended by striking out “Registry of Deeds at in book at page ” and substituting “land registration office, at _______ as Document Number __________”.

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Part II - Regulations Vol. 35, No. 15 646 © NS Registry of Regulations. Web version. 40*

Section 67 of the regulations is amended by adding “or Form 15A, as applicable” immediately after “Form 15”. 41* The regulations are further amended by adding the following Sections immediately after

Section 67: 67A

(1) Notice of a proposed rule required to be given to each of the condominium corporation’s members by subsection 24(1B) of the Act must be in Form 28 and must be served (

a) by regular mail to the address for the member on the records of the condominium corporation; and (

b) by leaving a copy of the notice at the member’s unit within 5 days of the date that notice is sent by regular mail under clause (a). 67B Delivery of a notice of a proposed rule under

Section 67A is deemed to have taken place 5 days after the notice was sent by regular mail. 42*

(1) Section 70 of the regulations is amended by striking out “In addition to the classification of properties set out in

Section 8, properties are further classified as follows” and substituting “The Registrar may accept for registration any of the following classes of property:”.

(2) Section 70 of the regulations is further amended by (

a) striking out “provided the property is located in an area where a Municipal Land Use By-Law is in effect” in clause (b); (

b) adding “ - property” immediately after “bare-land property” in clause (d); (

c) striking out “purchase” in clause (

d) and substituting “acceptance for registration”; and (

d) striking out “or” in clause (

f) and substituting “and”. 43* The regulations are further amended by repealing

Section 71. 44*

Section 72 of the regulations is amended by striking out “three months” and substituting “90 days”. 45* Clause 72A(

b) of the regulations is amended by adding “as required by subsection 14(3) of the Act” immediately after “the consolidation”. 46* Clause 72B(

c) is amended by (

a) adding “if the annual financial statement is require d to be audited,” immediately before “a statement by the auditor”; (

b) repealing subclauses (

i) and (ii) and adding the fo llowing text from subclause (

i) to the end of the clause: “the current amount in the reserve fund for the reporting period, and what percentage this is of the amount required by the reserve-fund study pursuant to Part K.”. 47* The title to Part H of the regulations is amended by striking out “Corporation Management” and substituting “Occupancy Fees”. 48* The regulations are further amended by repealing

Section 73 and substituting the following Section:

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Part II - Regulations Vol. 35, No. 15 © NS Registry of Regulations. Web version. 647 73

(1) In this Section, “net purchase price” means the purchase price before HST has been added to the price.

(2) An occupancy fee charged to a purchaser under subsection 44(5) of the Act to occupy a proposed unit (

a) must not exceed 0.75% of the net purchase price of the unit, per month; (

b) must be disclosed as required by subsection 44(5) of the Act as both a percentage of the net purchase price and in dollars and cents in the purchase and sale agreement for the unit; and (

c) except as provided in subsection (3), must not be charged for longer than 6 months after the original closing date disclosed in the purchase and sale agreement for the unit.

(3) Occupancy fees for a proposed unit may be charged after the 6 months referred to in clause (2)(

c) for the following additional periods and under the following conditions: (

a) for a further 6 months, if registration of the condominium unit has not yet taken place and the occupancy fee charged is not more than 50% of the amount disclosed as the occupancy fee in the purchase and sale agreement for the unit; (

b) for a further definite period of time immedi ately after the additional 6 months referred to in clause (a), if registration of the condominium corporation has not yet taken place and the occupancy fee charged is not more than 25% of the amount disclosed as the occupancy fee in the purchase and sale agreement for the unit. 49*

Section 74 of the regulations is repealed. 50* (1) Subsection 75(1) of the regulations in [is] amended by adding “all of” immediately before “the following provisions”. (2) Clause 75(1)(

a) of the regulations is amended by (

a) adding “, upon execution of the agreement of purchase and sale,” immediately before “the vendor shall”; (

b) striking out “the buildings, if any” in s ubclause (

i) and substituting “any buildings”; and (

c) striking out “the buildings a nd level number, if any” in subclause (ii) and substituting “any buildings and any applicable level number”. (3) Clause 75(1)(

b) of the regulations is amended by (

a) adding “, upon execution of the agreement of purchase and sale,” immediately before “the vendor shall”; and (

b) striking out “and” at the end of the clause. (4) Clause 75(1)(

c) of the regulations is amended by (

a) striking out “five” and substituting “ten”;

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b) striking out “to determine whether there is anyt hing contained in them which materially affects the purchaser’s enjoyment of the property, and if within that time the purchaser makes any objection in writing to the vendor that the vendor is unable or unwilling to remove and the purchaser will not waive” and substituting “and, if within that time the purchaser cancels the agreement by giving written notice to the vendor”; (

c) striking out the period at the end of the clause and substituting a semicolon. (5) Subsection 75(1) is further amended by adding the following clauses immediately after clause (c): (

d) that the declarant has a duty to complete the common elements and provide for holdbacks if the common elements are not completed at the time of closing on a unit; (

e) the details of any amenities not yet comple ted and the date they will be completed by; (

f) the details of the amount of occupancy fees wh ich can be charged and when they are payable; and (

g) disclosure of any services that are not contained within the boundaries of the property or are not owned by the condominium corporation, and any agreements respecting the terms and conditions associated with those services. (6) Subsection 75(2) of the regulations is amended by (

a) striking out “, (

b) and (c)” and substituting “to (g)”; and (

b) repealing clause (a).

(7) Section 75 of the regulations is further ame nded by adding the following subsection immediately after subsection (2):

(3) In addition to the requirements in subsections (1) and (2), each agreement of purchase and sale of a unit from a declarant in a building that has been converted into units in a condominium corporation, shall include all of the following: (

a) a copy of the reserve-fund study required by

Section 31 of the Act; (

b) a requirement for the vendor to provide the purchaser with a copy of any updated certification under

Section 78B and proof that any required payments have been made into the reserve-fund, before the unit is purchased. 51* The regulations are further amended by adding the following

Section immediately before

Section 76: 75A

(1) A phased-development condominium must meet all of the following requirements: (

a) all land in phase one must be contiguous; (

b) each phase subsequent to phase one must contain at least one unit; (

c) each piece of land in a phase that is not contiguous with other land in the same phase must contain at least 1 of the following: (

i) a unit,

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Part II - Regulations Vol. 35, No. 15 © NS Registry of Regulations. Web version. 649 (ii) a service integral to the operation of the condominium corporation, (iii) an amenity pre-disclosed in the d eclaration for the condominium corporation; (

d) each piece of land in a phase subsequent to phase one must be contiguous to the land in a previously registered phase; (

e) a service that is integral to a phase being registered must (

i) be located within the property of a nd owned by the condominium corporation, unless (

A) it is provided by the municipality or a publicly regulated utility, or (

B) it is secured by appropriate easements and contractual arrangements, and (ii) be installed before registration of th e applicable phase, unless the installation of the service is the responsibility of the unit owner.

(2) The contractual arrangements for services referred to in paragraph (1)(e)(i)(

B) must contain provisions permitting termination of the contract if pricing exceeds benchmark prices for alternate sources of energy. 52* (1) Subsection 76(1) of the regulations is amended by (

a) striking out “approximate” in clause (b); (

b) striking out “attributable to the units” in clau se (

d) and substituting “attributable to each of the units”; (

c) amending clause (

h) by (

i) striking out “or approved survey or”, (ii) striking out “the buildings, if any,” and substituting “any buildings, and” in subclause (i), (iii) repealing subclause (ii); and (

d) striking out “the location, size, number and gene ral style of the units or land” in clause (

j) and substituting “the general location, size, number and style of the units and land”. (2) Subsection 76(2) of the regulations is ame nded by striking out “where the amendment is significantly different” and substituting “if the Registrar determines that the amendment is significantly different”.

(3) Subsection 76(2C) of the regulations is amended by (

a) striking out “If the amendment to create the” and substituting “If the Registrar determines that an amendment to create a”; and (

b) striking out “, description and the by-laws” and substituting “and description” in clause (a).

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(4) Subsection 76(2D) of the regulations is amende d by adding “, and all other requirements for registration are satisfied” immediately after “the same”. (5) Subsection 76(5) of the regulations is amended by (

a) striking out “The amendment to the declara tion and description required to create a phase” and substituting “A declaration and description required to create a phase in a proposed development or an amendment to a declaration and description to create a subsequent phase in an existing condominium corporation”; (

b) adding “all of the following are done:” immediately after “unless”; (

c) striking out “the amendment to” in clause (a); (

d) striking out “and” at the end of clause (a); (

e) striking out “, as determined by the municipality in which the land of the corporation is situated” in clause (b); (

f) striking out the period at the end of clause (

b) and substituting a semicolon; and (

g) adding the following clause immediately after clause (b): (

c) the covenant binding the balance of th e property reserved for future phases that is required under clause 12AA(1)(

a) of the Act has been registered and proof of registration of the covenant has been provided to the Registrar.

(6) The regulations are further amended by a dding the following subsection immediately after subsection 76(5): (5A) An amendment to a declaration and description required to create a subsequent phase in an existing condominium corporation shall not be registered unless all of the following requirements are met: (

a) more than 90 days have passed since the later of the following dates: (

i) the date of registration of the declaration and description that created the corporation, (ii) the date of registration of the latest amendments to the declaration and description creating a phase; (

b) the amendment is registered no later than 10 years after the date of registration of the initial declaration and description that created the corporation, if the registration took place after the coming into force of this clause; (

c) the amendment complies with all other re quirements in the Act and these regulations. (7) Subsection 76(6) of the regulations is amended by repealing clauses (

a) and (b) [and] adding the following text from clause (

a) immediately after “phase”: “all documents relating to the phase shall be given to the corporation.”.

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(8) The regulations are further amended by a dding the following subsection immediately after subsection 76(6):

(7) If a declarant for a phased-development condominium decides not to proceed with any subsequent phases, the declarant must provide notice in the prescribed form to all of the following: (

a) the Registrar; (

b) the corporation; (

c) all of the owners in the registered phases. 60* (1) Subsection 77(2) of the regulations is ame nded by striking out “phased development” and substituting “phased-development condominium”.

(2) Section 77 of the regulations is further amended by (

a) striking out “The following classes of persons are qualified to prepare reserve-fund studies:” in subsection (4); (

b) repealing clause (4)(a); (

c) redesignating clause (

b) as subsection (4); and (

d) adding “The only persons qualified to prepare reserve-fund studies are” immediately before “professional engineers”. (3) Subsection 77(5) of the regulations is amended by adding “and the declarant” immediately after “independent of the corporation”. 62*

Section 78 of the regulations is amended by (

a) striking out “A reserve-fund study shall consis t of” and substituting “Subject to

Section 78A, a reserve-fund study shall consist of all of the following:”; (

b) adding “, covering a period of at least 20 years,” immediately after “reserve-fund study” in clause (a); (

c) striking out the period at the end of clause (

c) and substituting a semicolon; and (

d) adding the following clause immediately after clause (c): (

d) for a reserve-fund study required under subsection 31(1DA) of the Act, a separate document attached to the cover that discloses any components that are anticipated to require repair or replacement within the first 10 years of the condominium corporation’s operation together with the anticipated cost of the repair or replacement for each component, in accordance with information contained in the reserve-fund status certificate. 63* The regulations are further amended by adding the following Sections immediately after

Section 78: 78A The reserve-fund study required under subsection 31(1DA) of the Act if fewer than 10 units are being created shall consist of the following:

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a) a physical analysis in accordance with subsections 79(2), (3), (4) and (5); (

b) a spreadsheet covering a minimum period of 10 years listing all of the following: (

i) each of the components of the common elements (ii) the anticipated life spans of th e components of the common elements, (iii) the cost to repair or replace each of the components of the common elements (iv) the estimated dates by which the components will require either repair or replacement, (

v) a total amount specified for each year th at there are expenditures anticipated for the components of the common elements; and (

c) a certification by the person preparing the st udy that they have conducted an analysis in accordance with clause (

a) and that the information provided in the study is accurate. 78B

(1) A reserve-fund study required under subsection 31(1DA) of the Act shall include, before registration of the declaration, an updated certification by the person who prepared the reserve- fund study that (

a) outlines any deficiencies in the renovations contemplated in the reserve-fund study; (

b) provides a monetary value for completion of any deficiencies outlined under clause (a); and (

c) confirms that the information in the reserve-fund study is still accurate.

(2) The declarant must pay the value of any deficiencies outlined in the updated certification under subsection (1) into the reserve fund before the registration of the declaration.

(3) Payments paid into a reserve fund under subsection (2) must be held in trust until the management of the corporation is under the control of an elected board of directors. 64* Subsection 79(1) of the regulations is amended by (

a) striking out “, maintenance and affordability” a nd substituting “and maintenance” in clause (a); and (

b) adding “that does not project a negative balance for the fund at any time, and that is” immediately after “a funding plan” in clause (b). 65*

(1) The heading to

Section 80 is amended by stri king out “update of the” and substituting “updates of”

(2) Section 80 of the regulations is further amended by (

a) striking out “update” and substituting “updates”; (

b) striking out “the following” and substituting “an y changes in the following, but are required to include only the master reserve-fund spreadsheet and the funding scenarios and cashflow tables that are affected by the changes”.

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Section 81 of the regulations is amended by (

a) adding “all of the following” immediately after “shall provide”; (

b) striking out “and” at the end of clause (c); (

c) striking out the period at the end of clause (

d) and substituting a semicolon; and (c) [(d)] adding the following clause immediately after clause (d): (

e) a certification by the person preparing the study that they have prepared the reserve-fund study in accordance with clause 78A(

c) and that the information provided in the study is accurate. 67* The title to

Part L of the regulations is amended by striking out “Arbitration Process” and substituting “Dispute Resolution Processes”. 68*

(1) The regulations are further amended by adding the heading “Mediation and arbitration under

Section 33A of the Act” immediately before

Section 82.

(2) Section 82 of the regulations is further amended by (

a) striking out “33” in sub section (1) and substituting “33A”; (

b) striking out “33” in subsecti on (2) and substituting “33A”; and (

c) striking out “Atlantic Provinces Arbitration a nd Mediation Institute (APAMI)” in clause (2)(

a) and substituting “ADR Atlantic Institute”. 70* The regulations are further amended by adding the following Sections immediately after

Section 82: Applying for hearing under

Section 33 of the Act 82A

(1) The following persons are appointed to act as condominium dispute officers: (

a) persons appointed as residential te nancies officers under

Section 19 of the Residential Tenancies Act; and (

b) the Registrar of Condominiums.

(2) A unit owner or a condominium corporation may make application for a hearing before a condominium dispute officer by submitting a completed application in Form 26 together with the prescribed application fee.

(3) An applicant for a hearing under subsection (2) must serve the respondent with a copy of the application and any supporting documentation, in accordance with

Section 82F, within 10 days from the date they submitted the application or within the time allowed for substituted service under

Section 82F, and must return a copy of the sworn affidavit of service to the condominium dispute officer no later than 10 days after the date of service.

(4) If the deadlines in subsection (3) are not met and the condominium dispute officer has not allowed for further time for attempting service in accordance with subsection (6), then the application is deemed to be withdrawn.

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(5) The respondent must provide their response, in writing, and any supporting documentation to the condominium dispute officer and to the applicant within 10 days of being served with the application, unless the condominium dispute officer allows for further time for response in accordance with subsection (6).

(6) A condominium dispute officer may permit further time for attempting service or for providing a response to an application if the condominium dispute officer is satisfied that there has been no undue delay. Hearings conducted under

Section 33 of the Act 82B

(1) A condominium dispute officer may conduct a hearing of a dispute in writing or orally, including by telephone.

(2) A condominium dispute officer must consider the evidence and submissions of the parties and provide a written order and reasons within a reasonable time frame.

(3) A condominium dispute officer may do any or all of the following in an order under subsection (2): (

a) direct a condominium corporation to perform any duty imposed on it by

Section 18 of the Act, subsection 24(3) of the Act,

Section 24A of the Act or subsection 26(9) of the Act, and set the date by which the duty must be performed; (

b) set reasonable fees that may be charged by a condominium corporation for providing a copy of a record; (

c) direct a condominium corporation to pay a unit owner an amount not exceeding $500 for its non-compliance with any duty imposed on it by

Section 18 of the Act, subsection 24(3) of the Act,

Section 24A of the Act or subsection 26(9)of the Act; (

d) direct a unit owner to comply with a by-law made under clause 23(1)(

b) or (

c) of the Act or a rule made under subsection 24(3) of the Act; (

e) direct a unit owner [to] pay a condominium corporation an amount not exceeding $500 for non-compliance with a by-law made under clause 23(1)(

b) or (

c) of the Act or a rule made under subsection 24(3) of the Act; (g) [(f)] direct that the prescribed application fee be apportioned between the applicant and the respondent, as the condominium dispute officer considers fair and just in the circumstances.

(4) An order of a condominium dispute officer may not be registered with the Court for the purposes of enforcement under subsection 33(2) of the Act if an appeal has been filed with the Registrar under

Section 82D. Condominium appeals officers 82C

(1) The Governor in Council may appoint persons to be known as condominium appeals officers to hear appeals of orders made by condominium dispute officers.

(2) A condominium appeals officer must (

a) be a member in good standing of the ADR Atlantic Institute;

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b) have demonstrated satisfactory arb itration and condominium experience; and (

c) attend related training provided by the Registrar.

(3) A condominium appeals officer may charge a maximum fee of $1000 per day or $500 per half- day for hearing an appeal, plus a maximum fee of $150 per hour for writing the decision. Appealing a condominium dispute officer’s order 82D

(1) An order of a condominium dispute officer may be appealed only on the basis of an error of law or jurisdiction and may not be conducted as a trial de novo.

(2) An appellant may appeal by filing a completed notice of appeal in Form 27 with the Registrar together with the prescribed fee no later than 20 days after the date the original order is issued.

(3) On receiving a notice of appeal in Form 27 in accordance with subsection (2), the Registrar must assign a condominium appeals officer to hear the appeal.

(4) Unless the condominium appeals officer decides to apportion the fees payable for the appeal, the appellant must pay the fees charged by the condominium appeals officer for hearing the appeal and writing the decision.

(5) An appellant must serve the respondent with a copy of the notice of appeal and any supporting documentation, in accordance with

Section 82F, within 10 days from the date they submitted the notice of appeal to the Registrar or within the time allowed for substituted service under

Section 82F, and must return a copy of the sworn affidavit of service to the condominium appeals officer no later than 10 days after the date of service.

(6) If the deadlines in subsection (5) are not met and the condominium appeals officer has not allowed for further time for attempting service in accordance with subsection (8), then the appeal is deemed to be withdrawn.

(7) The respondent must provide their response, in writing, and any supporting documentation to the condominium appeals officer and to the applicant within 10 days of being served with the notice of appeal, unless the condominium appeals officer allows for further time for response in accordance with subsection (8).

(8) A condominium appeals officer may permit further time for attempting service or for providing a response to an appeal if the condominium appeals officer is satisfied that there has been no undue delay. Appeals conducted under

Section 33 of the Act 82E

(1) A condominium appeals officer may hold a hearing of an appeal in writing or orally, including by telephone.

(2) A condominium appeals officer must consider the submissions of the parties and provide a written order and reasons no later than 30 days after the date the appeal hearing concludes.

(3) A condominium appeals officer may do any of the following in an order under subsection (2): (

a) confirm the decision of the condominium dispute officer, if no error of law or jurisdiction is found;

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b) vary the decision of the condominium dispute officer, based on an error of law or jurisdiction, and make any order that the condominium dispute officer could have made; (

c) rescind the decision of the condominium dispute officer based on a finding that the condominium dispute officer lacked jurisdiction; (

d) apportion the fees charged for the appeal between the appellant and the respondent, as the condominium appeals officer considers fair and just in the circumstances.

(4) An order of a condominium appeals officer, which confirms or varies the order of a condominium dispute officer, may be registered immediately upon issue under subsection 33(2) of the Act. Service requirements for disputes and appeals under

Section 33 of the Act 82F

(1) Except as provided in subsection (3), an application under

Section 82A and a notice of appeal under

Section 82D must be served on the respondents in the matter by personal service or by registered mail.

(2) Proof of service may be as provided in Form 26 or Form 27, as applicable.

(3) A person authorized to hear a dispute or an appeal under this Part may authorize substituted service if they are satisfied that reasonable efforts have been made to serve a respondent in accordance with subsection (1) and the efforts have been unsuccessful.

(4) Substituted service under subsection (3) may be by any of the following methods: (

a) providing a copy to the respondent by fax, e-mail or regular mail; (

b) leaving the documents at 1 of the following locations: (

i) at the respondent’s residence, (ii) if the respondent is a condominium corporation, at the residence of the president of the corporation’s board of directors. Landlord and tenant complaint resolution process under Sections 44C and 44D of the Act 82G

(1) A notice issued to an owner and a tenant under subsection 44C(1) of the Act must be in Form 25.

(2) Service of a notice issued under subsection 44C(1) of the Act must be by the following methods: (

a) for service on the tenant, by personally serving the tenant or leaving a copy of the notice at the tenant’s unit; (

b) for service on the owner, by personally serving the owner or mailing the notice by regular mail to the owner’s address in the records of the condominium corporation.

(3) Service of a notice in accordance with subsection (2) is deemed to occur when the notice is (

a) personally served; (

b) left at the unit; or

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c) sent by regular mail.

(4) For the purpose of subsection 44C(2) of the Act, the time period for remedying a breach is 15 days after both the owner and tenant have been served calculated from the latest date that the notice was served in accordance with subsections (2) and (3).

(5) A condominium corporation making an application under subsection 44D(1) of the Act is deemed to be the landlord, and the owner and tenant are both deemed to be the tenant and are entitled to receive notice and be parties to the proceedings. 71*

(1) Section 1 of

Schedule “B” of the regulations is redesignated as subsection 1(1) and amended by (

a) striking out “of” immediately after “per un it” in subclause (b)(ii) and substituting “in”; (

b) adding “subject to clause (gb),” immediat ely before “for acceptance” in clause (g); (

c) adding the following clauses immediately after clause (g): (ga) subject to clause (gb), for acceptance for re gistration of amendments to the declaration, including examination of ballots - $228.67; (gb) for acceptance for registration of amendments to the declaration or the by-laws when the Registrar determines that a comprehensive review of the document is necessary, the applicable fees in clause (

c) or (

e) plus the applicable fees under clause (

g) or (ga); (

d) repealing subclause (j)(i); (

e) striking out the period at the end of clause (

j) and substituting a semicolon; and (

f) adding the following clauses immediately after clause (j): (

k) for the amalgamation of corporations, an additional fee of $114.33 to examine the ballots; (

l) for acceptance for deregistration of a condominium corporation - 228.67; (

m) for filing an application for a hearing before a condominium dispute officer - $114.33; (

n) for filing a notice of appeal with the Re gistrar to have a condominium appeals officer hear an appeal - $57.16.

(2) Section 1 of Scheduled “B” to the regulations is further amended by adding the following subsection immediately after subsection (1):

(2) In this Section, “advertised sale price” means the sales price inclusive of HST.

(3) Schedule “B” to the regulations is further amended by (

a) striking out “to the Registrar of Deeds” in th e heading to

Section 2 and substituting “at a land registration office”; (

b) striking out “prescribed by the Costs and Fees Act are payable to the Registrar of Deeds” and substituting “are payable at a land registration office”; and

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c) redesignating subsection 2(1) as

Section 2. 73* The regulations are further amended by repealing all the forms to the regulations and substituting

Schedule “C” attached. [*Note: Numbering of amending instructions is as in original.]

Schedule “C” Forms Form 1: Lawyer’s Certificate to accompany Report on Title (under

Section 3 of the Condominium Regulations) (Lawyer’s Letterhead) To the Registrar of Condominiums: I have examined the attached report on title for the lands known as PID _________ (“the lands”), which was issued by the land registration office at ____________________ on today’s date, and I am of opinion that (name of declarant) is the holder of the registered interest in the lands, subject to the encumbrances shown in the report on title. After consultation with (name of declarant), I am not aware of the existence of any other claim to any interest in the lands.

OR After consultation with (name of declarant), I am aware of the following claims to an interest in the lands: (give particulars of claims) Dated at __________________, _____________, 20___. (signature of lawyer) (printed name of lawyer)

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Section 4 of the Condominium Regulations) I certify that The description of the lands included in the report on title for the lands known as PID _______ issued by the land registration office at ______________ on ___________, accurately reflects the results of the survey conducted by me on _______________, which is shown on the attached plan of survey prepared by me in accordance with the Condominium Act and regulations.

Dated at __________________, _____________, 20___. (signature of surveyor) (printed name of surveyor) Nova Scotia Land Surveyor Form 3: Notice to Registrar of Initial Board of Directors (under clause 14(b)(1) of the Condominium Act ) To the Registrar of Condominiums: I/We, (name of declarant), confirm that the following persons have been appointed to be the initial board of directors for the ______________ County Condominium Corporation No. ________. (name and address of each director) Dated at __________________, _____________, 20___. (signature of declarant or authorized officer) (printed name and office)

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Part II - Regulations Vol. 35, No. 15 660 © NS Registry of Regulations. Web version. Form 4: Surveyor’s Certificate for Use on All Plans (under clause 21(1)(

c) of the Condominium Regulations) I certify that • this plan accurately shows the manner in which the land located in the plan has been surveyed by me • this plan and survey are correct and have been made in accordance with the Condominium Act and the regulations made under the Act • the survey was completed on ______________, 20___. Dated at __________________, _____________, 20___. (signature of surveyor) (printed name of surveyor) Nova Scotia Land Surveyor Form 5: Surveyor’s Certificate for Use When Unit is Defined by Reference to Building (under clause 21(1)(

d) of the Condominium Regulations) I certify that the building(

s) shown on this plan is/are in existence and that the units designated on this plan substantially represent the units within the structure(s). Dated at __________________, _____________, 20___. (signature of surveyor) (printed name of surveyor) Nova Scotia Land Surveyor

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g) of the Condominium Regulations) I/We certify that the property included in this plan has been laid out into units and common elements in accordance with my/our instructions.

Dated at __________________, _____________, 20___. (signature of owner) (printed name of owner) Form 7: Notice of Expropriation (under subsections 39(1) to (3) of the Condominium Act) To the Registrar of Condominiums: ______________ County Condominium Corporation No. ________ provides notice that the following parts of the condominium have been expropriated in accordance with the attached expropriation order, issued by ________________ on ______________ (date) (check one): [ ] all of the property of the condominium corporation [ ] part of the common elements [ ] one or more units, but less than the whole property Witness the seal of the Corporation duly affixed by the authorized officers of the Corporation on _____________, 20___.

Signed, sealed and delivered ) in the presence of ) ) ______County Condominium Corporation No.____ )B y )B y (affidavit of execution)

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Part II - Regulations Vol. 35, No. 15 662 © NS Registry of Regulations. Web version. Form 8: Dedication by the Board of Additional Land to Common Elements (under

Section 46 of the Condominium Regulations) The Board of the ______________ Condominium Corporation No. _______________ dedicates the land described in a deed from _____________ to the _______________ Condominium Corporation No._______________ dated ____________, as an addition to the common elements of the Condominium administered by the Corporation. The declaration and description of the dedicated land are registered in the land registration office at ___________ as Documents _______________. Witness the seal of the Corporation duly affixed by the authorized officers of the Corporation on _____________, 20___.

Signed, sealed and delivered ) in the presence of ) ) ______________County Condominium Corporation No._______ )B y )B y (affidavit of execution) Form 9: Appointment of Agent for Condominium Corporation (under subsection 6(4) of the Condominium Act) ____________ Condominium Corporation No. _____________ appoints _______________ of _____________ in the County of _____________, Province of Nova Scotia, as its recognized agent resident within Nova Scotia. Service of any writ, summons, process, notice or other document on this recognized agent is deemed to be sufficient service upon the Corporation.

The recognized agent’s contact information is as follows: civic address: mailing address: e-mail address: phone number: This appointment remains in force until the Corporation files a notice in writing with the Registrar of Joint Stock Companies at Halifax that the appointment is revoked. Dated at __________________, _____________, 20___. ______________ Condominium Corporation No. ____________ By (to be signed by the declarant if first appointment or by an officer of the Corporation for any other appointment)

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Part II - Regulations Vol. 35, No. 15 © NS Registry of Regulations. Web version. 663 Form 10: Notice of Termination of Condominium Corporation Following Substantial Damage (under

Section 36 of the Condominium Act) ______________ County Condominium Corporation No. ________ gives notice under

Section 36 of the Condominium Act, terminating government of the property by the Condominium Act. This notice is given in respect of the property included in the Condominium administered by the Corporation, the declaration and description of which are registered in the land registration office at ________________ as Documents _________________. Once this notice of termination is accepted for registration by the Registrar of Condominiums,

Section 42 of the Condominium Act applies. Confirmation of damage and vote not to repair The Corporation confirms that: • on __________ (date), the board of directors of the Corporation determined that substantial damage to 25% (or the greater percentage specified in the declaration) of the value of the building occurred on ______________ (date) • by a vote held on _______________ (date), the owners who at that time owned 80% of the common elements did not vote to repair the damage.

Confirmation of whether registered under Land Registration Act The Corporation confirms that (check one): [ ] all of the units in the condominium corporation have been registered under the Land Registration Act OR [ ] none of the units in the condominium corporation are currently registered under the Land Registration Act Witness the seal of the Corporation duly affixed by the authorized officers of the Corporation on _____________, 20___. Signed, sealed and delivered ) in the presence of ) ) _______________County Condominium Corporation No.______ )B y )B y (affidavit of execution)

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Part II - Regulations Vol. 35, No. 15 664 © NS Registry of Regulations. Web version. Form 11: Notice of Termination under

Section 41 of the Act Condominium Act We, ______________ County Condominium Corporation No. ________ and the undersigned, who are • all the members of the Corporation, and • all the persons having registered claims agai nst the property created after the acceptance for registration of the declaration and description, give notice under subsection 41(2) of the Condominium Act, terminating government of the property by the Act.

This notice is given in respect of the property included in the Condominium administered by the Corporation, the declaration and description of which are registered in the land registration office at ________________ as Documents _________________. Once this notice of termination is accepted for registration by the Registrar of Condominiums,

Section 42 of the Condominium Act applies. Confirmation of vote The Corporation confirms that by a vote on _____________ (date), the owners who at that time owned 100% of the common elements of the Corporation authorized the termination of the government by the Condominium Act of the property included in the Condominium administered by the Corporation. Confirmation of consent The Corporation confirms that all of the following have signed the notice indicating their consent: • all spouses of members whose consent to the disposition is required under

Section 8 of the Matrimonial Property Act, as indicated in the attached matrimonial status affidavits for each member • all persons having registered claims against the property that were created after the acceptance for registration of the declaration and description A supplementary report on title is attached, as required by subsection 41(2) of the Condominium Act.

Confirmation of whether registered under Land Registration Act The Corporation further confirms that: [ ] all of the units in the condominium corporation have been registered under the Land Registration Act OR [ ] none of the units in the condominium corporation are currently registered under the Land Registration Act Witness the seal of the Corporation duly affixed by the authorized officers of the Corporation at _______________, ______________________, 20___. Signed, sealed and delivered ) in the presence of ) ) ______County Condominium Corporation No.____ (witness) ) By )B y

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Web version. 665 Owners (witness) (signature of individual) (printed name of individual (as registered)) Re: Unit no. ____ Level no. ____ 9 matrimonial status affidavit attached indicating no spouse is required to consent OR 9 matrimonial status affidavit attached indicating name of spouse whose consent is required (signature of member’s spouse) (printed name of spouse) (corporate seal) (signatures of officers of corporate owner) (printed name of corporate owner) Re: Unit no. ____ Level no. ____ 9 matrimonial status affidavit attached indicating no spouse is required to consent OR 9 matrimonial status affidavit attached indicating name of spouse whose consent is required (witness) (signature of member’s spouse) (printed name of spouse) Registered Claimants (witness) (signature of individual) (printed name of individual (as registered)) Re: Unit no. ____ Level no. ____ (or ‘Re: All units and common elements’) (corporate seal) (signatures of officers of corporate claimant) (printed name of corporate owner) Re: Unit no. ____ Level no. ____ (or Re: All units and common elements)

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Part II - Regulations Vol. 35, No. 15 666 © NS Registry of Regulations. Web version. Form 12: Partial Discharge of Judgment (under

Section 20 of the Condominium Act) - (Title of Action) - Re: ____________________________________ County Condominium Corporation No. ________ ____________________________________ (name of owner(s)) Unit no. ____ Level no. ____ The plaintiff obtained a judgment in this action against _____________________________________ County Condominium Corporation No. ________.

The plaintiff has received payment of $________________, which is the proportionate part of the judgment that ______________________ (name of owner(s)) is/are responsible for under the Condominium Act and the declaration of ____________________________________ County Condominium Corporation No. ________. The plaintiff therefore discharges and releases ___________________________ (name of owner(s)) absolutely from the judgment, in accordance with subsection 20(2) of the Condominium Act.

Dated at __________________, _____________, 20___. (signature of plaintiff) (printed name of plaintiff) (affidavit of execution) Form 13: Notice of Condominium Corporation Lien (under subsections 31(6) and (7B) of the Condominium Act) ________________________ County Condominium Corporation No. ________ gives notice under subsection 31(7B) of the Condominium Act, that the Corporation has a lien against Unit no. ____ Level no. ____ of the Condominium administered by it and the common interests appurtenant to the unit, owned by _____________ _______________________ (full names of owners, as appear on the conveyance to them).

The lien is for the amount of $________, which is the amount the owner(s)are in default in his/her/their obligation to contribute towards the common expenses. Witness the seal of the Corporation duly affixed by the authorized officers of the Corporation on _____________, 20___. Signed, sealed and delivered ) in the presence of ) ) ________________County Condominium Corporation No._____ )B y )B y (affidavit of execution)

N.S. Reg. 230/2011 Royal Gazette

Part II - Regulations Vol. 35, No. 15 © NS Registry of Regulations. Web version. 667 Form 14: Discharge of Condominium Corporation Lien (under subsection 31(10) of the Condominium Act) ______________ County Condominium Corporation No. ________ discharges Unit no. ____ Level no. ____ of the Condominium administered by it from the lien registered at the land registration office at ____________ as Document number __________. Witness the seal of the Corporation duly affixed by the authorized officers of the Corporation on _____________, 20___.

Signed, sealed and delivered ) in the presence of ) ) _______________ County Condominium Corporation No._____ )B y )B y (affidavit of execution) Form 15: Certificate of Corporation about Corporation By-laws (under

Section 67 of the Condominium Regulations) To the Registrar of Condominiums: ______________ County Condominium Corporation No. ________ certifies that: 1) the attached by-law(

s) was/were made by the members of the Corporation at a meeting held on _____________, 20___ for that purpose 2) members of the Corporation who own at least 60% of the common elements voted in favour of the attached by-law(s) 3) the attached by-law(

s) was/were made in accordance w ith the Act, the declaration and the by-laws of the Corporation. Witness the seal of the Corporation duly affixed by the authorized officers of the Corporation on _____________, 20___. ______________ County Condominium Corporation No.______ By By

N.S. Reg. 230/2011 Royal Gazette

Part II - Regulations Vol. 35, No. 15 668 © NS Registry of Regulations. Web version. Form 15A: Declarant’s Certificate about Corporation By-laws (under

Section 67 of the Condominium Regulations) To the Registrar of Condominiums ______________________, as the declarant of ___________________ Count y Condominium Corporation No. ________, requests that the attached by-laws be accepted for registration as the by-laws of the Corporation. The Declarant certifies that the by-laws were made in accordance with the Condominium Act and the Corporation’s declaration. Witness the seal of the Corporation duly affixed by the authorized officers of the Corporation on _____________, 20___. Declarant By (signature) (printed name) Form 16: Certificate about Owners’ Consent to Consolidation of Units (under

Section 72A of the Condominium Regulations) To the Registrar of Condominiums: ______________ County Condominium Corporation No. ________ certifies that 1) the consolidation of unit numbers _____________ was voted on by the members of the Corporation at a meeting held on __________ (date) for that purpose 2) members owning at least 66 2/3% of the common elements voted in favour of the consolidation 3) the agreement for consolidation of the units was completed in accordance with the Condominium Act and regulations Attached is a diagram of the consolidated units duly completed by an architect.

Witness the seal of the Corporation duly affixed by the authorized officers of the Corporation on _____________, 20___. (seal of corporation) _______________ County Condominium Corporation No.______ By By

N.S. Reg. 230/2011 Royal Gazette

Part II - Regulations Vol. 35, No. 15 © NS Registry of Regulations. Web version. 669 Form 17: Certificate of Consolidation (under subsection 14(5) of the Condominium Act) This is to certify that the application to consolidate unit numbers ______ in __________ County Condominium Corporation No. ________ was accepted for registration effective on and after _________________ (date). Date: Registrar/Deputy Registrar of Condominiums Form 18: Consent to Amalgamate Condominium Corporations (under clause 54A(

b) of the Condominium Regulations) To the Registrar of Condominiums: ________________________ County Condominium Corporation No. ________ certifies that 1) at a meeting held on ___________ (date) for this purpose, members of the ______________ County Condominium Corporation No. ________ voted on whether to amalgamate: ___________________________ County Condominium Corporation No. ________ and ___________________________ County Condominium Corporation No. ________ 2) members owning at least 80% of the units of ______________ County Condominium Corporation No. ________ voted in favour of approving the declaration and description of the amalgamated corporation.

Witness the seal of the Corporation duly affixed by the authorized officers of the Corporation on _____________, 20___. (seal of corporation) ________________County Condominium Corporation No._____ By By Form 19: Registrar’s Notice For Documentation (under subsection 45A(2) of the Condominium Act) By this notice, the Registrar of Condominiums requires ______________ County Condominium Corporation No. ________ to provide the document(

s) checked off below within 10 days of the date of this notice: [ ] an annual financial statements fo r the period ending __________________, in accordance with

Section 24A of the Condominium Act [ ] a reserve-fund study, in accordance with

Section 31 of the Condominium Act If the document(

s) is/are not provided as required, the Registrar of Condominiums will levy a penalty payable by the Corporation in an amount of $1000.00 to $10 000.00, in accordance with the fees set out in Part M of the Condominium Regulations. Date: Registrar/Deputy Registrar of Condominiums

N.S. Reg. 230/2011 Royal Gazette

Part II - Regulations Vol. 35, No. 15 670 © NS Registry of Regulations. Web version. Form 20: Certificate of Architect (under clause 12(1)(

e) of the Condominium Act) To the Registrar of Condominiums: I certify that the building(

s) as shown on the architectural plans for ______________ County Condominium Corporation No. ________ have been constructed substantially in accordance with the architectural plans. Date: (signature of architect) (printed name of architect) Form 21: Certificate of Engineer (under clause 12(1)(

e) of the Condominium Act) To the Registrar of Condominiums: I certify that the building(

s) as shown on the structural plans for ______________ County Condominium Corporation No. ________ have been constructed substantially in accordance with the structural plans.

Date: (signature of engineer) (printed name of engineer) Form 22: Consent to Amend Description (under subsection 12(3) of the Condominium Act) To the Registrar of Condominiums: ______________ County Condominium Corporation No. ________ certifies that 1) the attached amendment to the description was voted on by the members of the Corporation at a meeting held on _____________ (date), for that purpose 2) members of the Corporation who own at least 80% of the common elements voted in favour of the attached amendment.

Witness the Seal of the Corporation duly affixed by the authorized officers of the Corporation, on _____________, 20___. (seal of corporation) ______County Condominium Corporation No.____ By By

N.S. Reg. 230/2011 Royal Gazette

Part II - Regulations Vol. 35, No. 15 © NS Registry of Regulations.

Web version. 671 Form 23: Notice of Intention to Submit Dispute to Arbitration (under subsection 33A(2) of the Condominium Act) To the Registrar of Condominiums: The applicant requests that an arbitrator be appointed to conduct an arbitration proceeding between the following with respect to an issue pertaining to ____________ County Condominium Corporation No. ______: Applicant: name: address: phone number: Representative (if any) name: address: phone number: Respondent: name: address: phone number: Representative (if any) name: address: phone number: A brief description of the issue is as follows: Date: (signature of applicant) (printed name of applicant) cc: (respondent and any representative of the respondent)

N.S. Reg. 230/2011 Royal Gazette

Part II - Regulations Vol. 35, No. 15 672 © NS Registry of Regulations. Web version. Form 24: Notice of Decision Not to Proceed with Subsequent Phases (under subsection 76(7) of the Condominium Regulations) To: The Registrar of Condominiums And to: The unit owners and Board of Direct ors of __________ County Condominium Corporation No. ___ This is notice under subsection 76(7) of the Condominium Regulations, that I/we, ____________________ (name of declarant(s)) have decided not to proceed with proposed phases ___________________ (particulars) of ______________ County Condominium Corporation No. ________.

Dated at __________________, _____________, 20___. ____________________________ (signature of declarant or authorized officer of declarant) Form 25: Notice of Breach of Condominium Corporation’s Declaration, By-laws, or Common-Element Rules (Section 44C of the Condominium Act) To: _____________, owner of Unit _______ in __________ C ounty Condominium Corporation No. ___ And to: ___________________, tenant of ___________________ ( owner), in Unit _____________ in ______________ County Condominium Corporation No. ________ The Board of Directors of ______________ County Condominium Corporation No. ________ has determined that _______________________, the tenant of Unit _______ is in breach of the Condominium Corporation’s [ ] declaration [ ] by-laws [ ] common-element rules In particular, (set out particulars of breach) __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ You have 15 days to resolve this matter to the satisfaction of the Board of Directors.

If you do not do so, the Board may apply to the Director of Residential Tenancies for an order evicting _____________ (name of tenant) from Unit __________, in accordance with

Section 13 of the Residential Tenancies Act and

Section 44 D of the Condominium Act. You are directed to contact the undersigned, who is the Board’s representative in this matter. ___________________________________ Name Position Contact Information

N.S. Reg. 230/2011 Royal Gazette

Part II - Regulations Vol. 35, No. 15 © NS Registry of Regulations. Web version. 673 Affidavit of Service I, ______________(name), of ______________________ (civic address), make oath/affirm that I served _________________________ (name of person served) on ___________________ (date) with a true copy of the attached notice by _________________ (details of service – may be served on tenant by personal service or by leaving at unit; may be served on owner by personal service or by regular mail).

Sworn to/Affirmed at ) (signature) ) (printed name) on _________________ (date), before ) ) Commissioner of the Supreme Court of Nova Scotia ) Form 26: Application to Condominium Dispute Officer to Hear Dispute Between Condominium Corporation and Unit Owner (under

Section 33 of the Condominium Act and

Section 82A of the Condominium Regulations) File No. ____________ Important dates for applicant: Date of application: (date application is submitted) Deadline for delivering application and supporting documents to respondent: (10 days after date of application) Deadline for returning affidavit of service to condominium dispute officer: 10 days after application delivered to respondent Hearing date: (if necessary) Applicant and respondent contact information: [ ] Applicant [ ] Respondent _____________________ County Condominium Corporation No. ________ contact person: address: phone number: e-mail address: [ ] Applicant [ ] Respondent Name: _________________________________________________, owne r of Unit No. _______ in ______________ County Condominium Corporation No. ________ address: phone number: e-mail address: Hearing location: (to be filled in by Service Nova Scotia and Municipal Relations)

N.S. Reg. 230/2011 Royal Gazette

Part II - Regulations Vol. 35, No. 15 674 © NS Registry of Regulations. Web version. To the respondent: Take notice that the applicant has applied to have a condominium dispute officer hear a dispute between you and the applicant. The details about the dispute are set out in this application and in the attached information. If you want to respond to the application, you must send the condominium dispute officer a written response and deliver it to the hearing location no later than 10 days after the date you received this application, and give a copy of your response to the applicant.

If you do not respond, an order can be made without your input. Information on the powers of the condominium dispute officer are set out in this application.

For further information on the process, please contact Service Nova Scotia and Municipal Relations at: (contact information for Department) Application details: The Applicant asks the condominium dispute officer to hear a dispute regarding (check applicable box) [ ] a breach of the by-laws about use of the common elements and/or units [ ] the condominium corporation failing to pr ovide records of the corporation as required [ ] enforcement of the condominium corpora tion’s rules about use of common elements In particular, (Set out details of dispute.

Use a separate piece of paper if necessary.) Supporting documentation (list below and attach copies) Powers of the condominium dispute officer: A condominium dispute officer can hear certain disputes between a condominium corporation and a unit owner. A condominium dispute officer may decide the dispute based on the written submissions of the parties without holding an oral hearing.

A condominium dispute officer has the power to make an order, and may do any of the following in the order: • direct a condominium corporation to perform any of its duties under the Condominium Act, including maintaining and providing copies of corporate and financial records and enforcing condominium rules • direct a condominium corporation to pay a fine for non-compliance • set the fees that can be charged by a corporation for providing records • direct a unit owner to comply with a by-law or rule and pay a fine for non-compliance • split the application fee between the applicant and respondent A condominium dispute officer’s order can be made into an order of the Supreme Court of Nova Scotia and enforced as an order of the court. (See

Section 33 of the Condominium Act and Sections 82A and 82B of the Condominium Regulations)

N.S. Reg. 230/2011 Royal Gazette

Part II - Regulations Vol. 35, No. 15 © NS Registry of Regulations. Web version. 675 Affidavit of Service: I, ______________ (name), of ______________________ (civic address), make oath/affirm that I served _________________________ (name of person served) on ___________________ (date) with a true copy of the attached application and the supporting documentation by _______________________ (details of personal service or registered mail). Sworn to/Affirmed at ) (signature) ) (printed name) on _________________ (date), before ) ) Commissioner of the Supreme Court of Nova Scotia ) Form 27: Notice of Appeal of Decision of Condominium Dispute Officer (under

Section 33 of the Condominium Act and

Section 82D of the Condominium Regulations) File No. _____________ Important dates for applicant: Decision of condominium dispute officer (date and file number): Date appeal filed: (date notice of appeal is submitted) Deadline for delivering notice of appeal and supporting documents to respondent: (10 days after date appeal filed) Deadline for returning affidavit of service to condominium appeals officer: 10 days after notice of appeal delivered to respondent Hearing date: (if necessary) Appellant and respondent contact information: [ ] Appellant [ ] Respondent _____________ County Condominium Corporation No. ________ contact person: address: phone number: e-mail address: [ ] Appellant [ ] Respondent Name: _________________________________________________, owner of Unit No. _______ in ______________ County Condominium Corporation No. ________ address: phone number: e-mail address:

N.S. Reg. 230/2011 Royal Gazette

Part II - Regulations Vol. 35, No. 15 676 © NS Registry of Regulations. Web version. Hearing location: (to be filled in by Service Nova Scotia and Municipal Relations) To the respondent: Take notice that the appellant is appealing the attached decision of the condominium dispute officer. The applicant’s reasons for appealing are set out in this notice and in the attached information.

If you want to respond to the appeal, you must send the condominium appeals officer a written response and deliver it to the hearing location no later than 10 days after the date you receive this notice, and give a copy of your response to the appellant. If you do not respond, an order can be made without your input. Information on the powers of the condominium appeals officer are listed on this notice.

For further information on the process, please contact Service Nova Scotia and Municipal Relations at: (contact information for Department) Reasons for the appeal: The appellant says that the decision of the condominium dispute officer must be varied or rescinded because the condominium dispute officer made an error of (check any applicable box) [ ] jurisdiction [ ] law In particular, (Set out details of reasons for appeal.

Use a separate piece of paper if necessary.) Supporting documentation (list below and attach copies) (You must include copies of documentation filed in the application, including application and attachments, response, and decision of condominium dispute officer) Powers of the condominium appeals officer A condominium appeals officer can hear appeals of condominium dispute officers’ decisions on disputes between a condominium corporation and a unit owner. A condominium appeals officer may decide an appeal based on the written submissions of the parties without holding an oral hearing.

A condominium appeals officer cannot hear the entire dispute again and can only hear appeals of decisions on the basis of an error of law or jurisdiction. A condominium appeals officer has the power to make an order, and may do any of the following in the order: • confirm the condominium dispute officer’s decision, if no error of law or jurisdiction is found • vary the condominium dispute officer’s decision, based on an error of law or jurisdiction, and make any order that the condominium dispute officer could have made

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Part II - Regulations Vol. 35, No. 15 © NS Registry of Regulations. Web version. 677 • rescind the condominium dispute officer’s decision, if an error of jurisdiction is found • split the fees charged for the appeal between the appellant and respondent (maximum fees are $1000/day for the hearing and $150/hour for writing the decision) A condominium appeals officer’s order can be made an order of the Supreme Court of Nova Scotia and enforced as an order of the court. (See

Section 33 of the Condominium Act and Sections 82D and 82E of the Condominium Regulations) _________________________________________________________________ Affidavit of Service: I, ______________ (name), of ______________________ (civic address), make oath/affirm that I served_________________________ (name of person served) on ___________________ (date) with a true copy of the attached Notice of Appeal and the supporting documentation by __________________________ (details of personal service or registered mail).

Sworn to/Affirmed at ) (signature) ) (printed name) on _________________ (date), before ) ) Commissioner of the Supreme Court of Nova Scotia ) Form 28: Notice of Proposed Condominium Rule Change by Board of Directors (under subsection 24(1B) of the Condominium Act) To: __________________, owner of Unit ________ in ______________ County Condominium Corporation No. ________ The Board of Directors of ______________ County Condominium Corporation No. ________ gives you notice that it is proposing to change the rules of the Condominium Corporation, by (choose all applicable boxes): [ ] creating a new rule [ ] amending an existing rule [ ] repealing an existing rule In particular, (set out rule change) Take notice that if you do not agree with the proposed rule change, you have until (fill in date – 15 days from date that the notice is sent by regular mail) to return the attached notice of objection to the Board by delivering it to the Board’s representative at the address set out on this form.

Under the provisions of the Condominium Act, the rule change takes effect immediately if the Board does not receive any notice of objection by the deadline stated above, and remains in effect until it is ratified by a majority of members present at the next general meeting of the condominium corporation members.

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Part II - Regulations Vol. 35, No. 15 678 © NS Registry of Regulations. Web version. If you have any questions about the proposed rule change, contact the following, who is the Board’s representative in this matter: (signature) (name) (position) (contact information) Notice of objection I, _______________________, owner of Unit___________ give notice that I object to the proposed rule change. ____________________________ (signature of owner) N.S. Reg. 231/2011 Made: July 5, 2011 Filed: July 6, 2011 Proclamation, S. 2, S.N.S. 2010, c. 21 Order in Council 2011-254 dated July 5, 2011 Proclamation made by the Governor in Council pursuant to

Section 2 of

An Act to Amend

Chapter 293 of the Revised Statutes, 1989, the Motor Vehicle Act The Governor in Council on the report and recommendation of the Minister of Transportation and Infrastructure Renewal dated May 31, 2011, and pursuant to

Section 2 of

Chapter 21 of the Acts of 2010,

An Act to Amend

Chapter 293 of the Revised Statutes, 1989, the Motor Vehicle Act, is pleased to order and declare by proclamation that

Chapter 21 of the Acts of 2010,

An Act to Amend

Chapter 293 of the Revised Statutes, 1989, the Motor Vehicle Act, do come into force on and not before July 5, 2011. PROVINCE OF NOVA SCOTIA sgd: Mayann Francis 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 2 of

Chapter 21 of the Acts of 2010,

An Act to Amend

Chapter 293 of the Revised Statutes, 1989, the Motor Vehicle Act, it is enacted as follows:

N.S. Reg. 231/2011 - 232/2011 Royal Gazette

Part II - Regulations Vol. 35, No. 15 © NS Registry of Regulations. Web version. 679 2 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 21 of the Acts of 2010,

An Act to Amend

Chapter 293 of the Revised Statutes, 1989, the Motor Vehicle Act, do come into force on and not before July 5, 2011; 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 21 of the Acts of 2010,

An Act to Amend

Chapter 293 of the Revised Statutes, 1989, the Motor Vehicle Act, do come into force on and not before July 5, 2011, 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 Her Honour the Honourable Mayann E. Francis, Lieutenant Governor of the Province of Nova Scotia.

AT Our Government House in the Halifax Regional Municipality, this 5th day of July in the year of Our Lord two thousand and eleven and in the sixtieth year of Our Reign. BY COMMAND: sgd: Ross Landry Provincial Secretary Minister of Justice and Attorney General N.S.

Reg. 232/2011 Made: May 31, 2011 Approved: July 5, 2011 Filed: July 6, 2011 Weights and Dimensions of Vehicles Regulations Order in Council 2011-255 dated July 5, 2011 Amendment to regulations made by the Minister of Transportation and Infrastructure Renewal and approved by the Governor in Council pursuant to subsection 191(1) of the Motor Vehicle Act The Governor in Council on the report and recommendation of the Minister of Transportation and Infrastructure Renewal dated May 31, 2011, and pursuant to subsection 191(1) of

Chapter 293 of the Revised Statutes of Nova Scotia, 1989, the Motor Vehicle Act, is pleased to approve amendments made by the Minister of Transportation and Infrastructure Renewal to the Weights and Dimensions of Vehicles Regulations, N.S. Reg. 137/2001, made by the Minister of Transportation and Public Works and approved by the Governor in Council by Order in Council 2001-526 dated November 15, 2001, to change certain weight and dimension limits of vehicles and the highways on which such vehicles may operate, in the manner set forth in

Schedule “A” attached to and forming part of the report and recommendation, effective on and after July 5, 2011.

N.S. Reg. 232/2011 Royal Gazette

Part II - Regulations Vol. 35, No. 15 680 © NS Registry of Regulations. Web version.

Schedule “A” In the Matter of Subsection 191(1) of

Chapter 193 of the Revised Statutes of Nova Scotia, 1989, the Motor Vehicle Act - and - In the Matter of an Amendment to the Weights and Dimensions of Vehicles Regulations Order I, Bill Estabrooks, Minister of Transportation and Infrastructure Renewal for the Province of Nova Scotia, pursuant to subsection 191(1) of

Chapter 193 of the Revised Statutes of Nova Scotia, 1989, the Motor Vehicle Act, hereby amend the Weights and Dimensions of Vehicles Regulations, N.S. Reg. 137/2001, made by the Minister of Transportation and Public Works and approved by the Governor in Council by Order in Council 2001-526 dated November 15, 2001, to change the weight and dimension limits of certain vehicles and classes of highways on which such vehicles can operate, in the manner set out in the attached, effective on and after its approval by the Governor in Council. Dated and made at Halifax Regional Municipality, Nova Scotia, on May 31, 2011.

Sgd.: Bill Estabrooks Bill Estabrooks Minister of Transportation and Infrastructure Renewal Amendment to the Weights and Dimensions of Vehicles Regulations made by the Minister of Transportation and Infrastructure Renewal under subsection 191(1) of

Chapter 293 of the Revised Statutes of Nova Scotia, 1989, the Motor Vehicle Act 1 Paragraph 5(1)(c)(iii)(

D) of the Weights and Dimensions of Vehicles Regulations, N.S. Reg. 137/2001, made by the Minister of Transportation and Public Works and approved by the Governor in Council by Order in Council 2001-526 dated November 15, 2001, is amended by adding “to the Road List Regulations made under the Act” immediately after “Schedule C”. 2

(1) Section 7 of the regulations is amended by re pealing subsection (2A) and substituting the following subsection: (2A) Subsection (2) does not apply to a pony trailer, model year 2002 and earlier, if the weight of the axle group of the pony trailer does not exceed the maximum weight limits set out in

Schedule A-2.

(2) Subsection 7(2B) of the regulations is amended by repealing clause (

a) and substituting the following clause: (

a) the weight of the axle group of the semi-trailer does not exceed the maximum weight limits set out in

Schedule A-3; or 3 (1) Clause 9(1)(

a) of the regulations is amended by adding “to the Road List Regulations made under the Act” immediately after “Schedule C”.

N.S. Reg. 232/2011 Royal Gazette

Part II - Regulations Vol. 35, No. 15 © NS Registry of Regulations. Web version. 681 (2) Clause 9(1)(

b) of the regulations is amended by adding “to the Road List Regulations made under the Act” immediately after “Schedule D”. (3) Clause 9(1)(ba) of the regulati ons is amended by adding “to the Road List Regulations made under the Act” immediately after “Schedule B”. 4

Section 2 of Category 1: Tractor Semi-trailer of

Part 2 of

Schedule A to the regulations is amended by striking out “Schedule A-4” in footnote 18 and substituting “Schedule A-3”. 5

Section 2 of Category 3: B Train Double of

Part 2 of

Schedule A to the regulations is amended by (

a) striking out superscript “7” immediately after “Not Allowed” in the right-hand column of the table in the row beginning “Intermediate Weight Roads” and substituting superscript “2”; (

b) renumbering footnote 7 as footnote 2; and (

c) adding “to the Road List Regulations made under the Act” immediately after “Schedule B” in footnote 2. 6

Section 1 of Category 6: Truck–Pony Trailer Combina tion of

Part 2 of

Schedule A to the regulations is amended by (

a) striking out “2.5 m 2” in the right-hand column of the table in the row beginning “Tridem axle spread” and substituting “3.7 m”; and (

b) repealing footnote 2. 7

Section 2 of Category 6: Truck–Pony Trailer Combina tion of

Part 2 of

Schedule A to the regulations is amended by (

a) striking out “2.5 m 3” in the left-hand column of the table in the row beginning “Axle spread 2.4 m - 2.5 m3” and substituting “3.7 m”; (

b) striking out superscript “4” immediately after “Maximum 21 000 kg” in the right-hand column of the table in the row beginning “Axle spread 2.4 m - 3.7 m” and substituting superscript “2”; (

c) striking out “41 500 kg” in the right-hand column of the table in the row beginning “Five axles” under the subheading “Intermediate Weight Roads” and substituting “44 000 kg”; (

d) striking out “41 500 kg” in the right-hand column of the table in the row beginning “Six axles” under the subheading “Intermediate Weight Roads” and substituting “47 000 kg”; (

e) repealing footnote 2 and substituting the following footnote: 2 The maximum axle weights of 2-axle and 3-axle pony trailers that are model year 2002 and earlier with a wheelbase less than 6.25 m are as set out in

Schedule A-2. (

f) repealing footnote 3; and (

g) repealing footnote 4. 8

Section 1 of Category 7: Tandem St eering Axle Truck–Pony Trailer Combination of

Part 2 of

Schedule A to the regulations is amended by

N.S. Reg. 232/2011 Royal Gazette

Part II - Regulations Vol. 35, No. 15 682 © NS Registry of Regulations. Web version. (

a) striking out “2.5 m 2” in the right-hand column of the table in the row beginning “Tridem axle spread” and substituting “3.7 m”; and (

b) repealing footnote 2. 9

Section 2 of Category 7: Tandem St eering Axle Truck–Pony Trailer Combination of

Part 2 of

Schedule A to the regulations is amended by (

a) striking out “2.5 m 2” in the left-hand column of the table in the row beginning “Tridem Axle: spread 2.4 m to 2.5 m2” and substituting “3.7 m”; (

b) striking out superscript “3” immediately after “Maximum 21 000 kg” in the right-hand column of the table in the row beginning “Tridem Axle: spread 2.4 m to 3.7 m” and substituting superscript “1”; (

c) striking out “41 500 kg” in the right-hand column of the table in the row beginning “Five axles” under the subheading “Intermediate Weight Roads” and substituting “43 100 kg”; (

d) striking out “41 500 kg” in the right-hand column of the table in the row beginning “Six axles” under the subheading “Intermediate Weight Roads” and substituting “47 500 kg”; (

e) striking out “41 500 kg” in the right-hand column of the table in the row beginning “Seven axles” under the subheading “Intermediate Weight Roads” and substituting “47 500 kg”; (

f) repealing footnote 1 and substituting the following footnote: 1 The maximum axle weights of 2-axle and 3-axle pony trailers that are model 2002 and earlier with a wheelbase less than 6.25 m are as set out in

Schedule A-2. (

g) repealing footnote 2; and (

h) repealing footnote 3. 10

Part 2 of

Schedule “A” to the regulations is amended by adding the following after Category 10: Category 10A: Intercity Bus and Recreational Vehicles with Pony Trailer

Section 1 - Dimension Limits

N.S. Reg. 232/2011 Royal Gazette

Part II - Regulations Vol. 35, No. 15 © NS Registry of Regulations. Web version. 683 DIMENSION LIMIT Overall Length Maximum 20.0 m Overall Width Maximum 2.6 m Overall Height Maximum 4.15 m Intercity Bus Length Maximum 14.0 m Wheelbase Not Controlled Tandem axle spread Minimum 1.2 m/Maximum 1.85 m Effective rear overhang Maximum 4.0 m Axle Requirements Overall length 12.5 m or less Not Controlled Overall length greater than 12.5 m Minimum 3 axles Trailer Wheelbase Minimum 3.84 m Category 10A: Intercity Bus and Recreational Vehicles with Pony Trailer

Section 2 - Weight Limits WEIGHT LIMIT Axle Weight Limits: Steering axle Maximum 7250 kg 1 Single axle (dual tires) Maximum 9100 kg 2 Single axle (single tires) Maximum 6000 kg 2 Tandem axle (dual tires on both axles) Maximum 18 000 kg 2 Trailer axle(s) (single or tandem axle, 2 or 4 tires on each axle) Maximum 6000 kg Gross Vehicle Weight Limits Maximum Weight Roads Two axle bus (4 tires) + pony trailer Maximum 19 250 kg Two axle bus (6 tires) + pony trailer Maximum 22 350 kg Three axle bus (8 tires) + pony trailer Maximum 26 900 kg Three axle bus (10 tires) + pony trailer Maximum 31 250 kg

N.S. Reg. 232/2011 Royal Gazette

Part II - Regulations Vol. 35, No. 15 684 © NS Registry of Regulations. Web version.

Intermediate Weight Roads Two axle bus (4 tires) + pony trailer Maximum 19 250 kg Two axle bus (6 tires) + pony trailer Maximum 22 350 kg Three axle bus (8 tires) + pony trailer Maximum 26 900 kg Three axle bus (10 tires) + pony trailer Maximum 31 250 kg All Other Highways Two axle bus (4 tires) + pony trailer Maximum 19 250 kg Two axle bus (6 tires) + pony trailer Maximum 22 350 kg Three axle bus (8 tires) + pony trailer Maximum 26 900 kg Three axle bus (10 tires) + pony trailer Maximum 31 250 kg 1 The maximum steering axle weight can be as high as 9100 kg if the load-carrying capacity of the axle, tires, and all other components is not exceeded, and the tire loading does not exceed 10 kg/mm of width; however, the maximum gross vehicle weight limit will be based on a steering axle weight of 7250 kg. 2 When there is more than one axle at the rear of the bus, the load carried by the group must be distributed between axles in a ratio corresponding to the number of tires on each axle. 11 The regulations are further amended by repeali ng Schedules A-2 and A-3 and substituting the following Schedules:

Schedule A-2 Pony Trailer Axle Weight Limits for Pony Trailers Model Year 2002 and Earlier Wheelbase Maximum Axle Weight 2-axle 3-axle 6.25 m and greater 18 000 kg 21 000 kg 5.75 m - 6.24 m 17 000 kg 20 000 kg 5.25 m - 5.74 m 16 000 kg 19 000 kg 4.75 m - 5.24 m 15 000 kg 17 750 kg 4.25 m - 4.74 m 14 000 kg 16 500 kg 3.75 m - 4.24 m 13 000 kg 15 000 kg 3.25 m - 3.74 m 12 000 kg 13 500 kg

Schedule A-3 Semi-trailer Axle Weight Limits for Semi-trailers Model Year 2002 and Earlier Maximum Weight Roads Wheelbase Single Tandem Tridem and Triaxle Axle spread: 2.4 m to <3.0 m Axle spread: 3.0 m to <3.6 m Axle spread: 3.6 m to <3.7 m 1 6.25 m and greater 9100 kg 18 000 kg 21 000 kg 24 000 kg 26 000 kg 5.75 m - 6.24 m 8100 kg 17 000 kg 20 000 kg 23 000 kg 25 000 kg 5.25 m - 5.74 m 7100 kg 16 000 kg 19 000 kg 22 000 kg 24 000 kg 4.75 m - 5.24 m 6100 kg 15 000 kg 18 000 kg 21 000 kg 23 000 kg 4.25 m - 4.74 m 5100 kg 14 000 kg 17 000 kg 20 000 kg 22 000 kg 3.75 m - 4.24 m 4100 kg 13 000 kg 16 000 kg 19 000 kg 21 000 kg

N.S. Reg. 232/2011 - 233/2011 Royal Gazette

Part II - Regulations Vol. 35, No. 15 © NS Registry of Regulations.

Web version. 685 Intermediate Weight Roads and B-Train Routes Wheelbase Single Tandem Tridem and Triaxle Axle spread: 2.4 m to <3.0 m Axle spread: 3.0 m to <3.6 m Axle spread: 3.6 m to <3.7 m1 6.25 m and greater 9100 kg 18 000 kg 21 000 kg 24 000 kg 24 000 kg 5.75 m - 6.24 m 8100 kg 17 000 kg 20 000 kg 23 000 kg 24 000 kg 5.25 m - 5.74 m 7100 kg 16 000 kg 19 000 kg 22 000 kg 24 000 kg 4.75 m - 5.24 m 6100 kg 15 000 kg 18 000 kg 21 000 kg 23 000 kg 4.25 m - 4.74 m 5100 kg 14 000 kg 17 000 kg 20 000 kg 22 000 kg 3.75 m - 4.24 m 4100 kg 13 000 kg 16 000 kg 19 000 kg 21 000 kg All Other Highways Wheelbase Single Tandem Tridem and Triaxle Axle spread: 2.4 m to <3.0 m Axle spread: 3.0 m to <3.6 m Axle spread: 3.6 m to <3.7 m 1 6.25 m and greater 9100 kg 18 000 kg 18 000 kg 18 000 kg 18 000 kg 5.75 m - 6.24 m 8100 kg 17 000 kg 18 000 kg 18 000 kg 18 000 kg 5.25 m - 5.74 m 7100 kg 16 000 kg 18 000 kg 18 000 kg 18 000 kg 4.75 m - 5.24 m 6100 kg 15 000 kg 18 000 kg 18 000 kg 18 000 kg 4.25 m - 4.74 m 5100 kg 14 000 kg 17 000 kg 18 000 kg 18 000 kg 3.75 m - 4.24 m 4100 kg 13 000 kg 16 000 kg 18 000 kg 18 000 kg 1 Also applies to tridems with axle spreads greater than 3.7 m, and to triaxles with axle spreads up to 4.9 m. 12 The regulations are further amended by repealing all of the following Schedules: (

a) Schedule A-4; (

b) Schedule B; (

c) Schedule C; (

d) Schedule D. N.S. Reg. 233/2011 Made: July 5, 2011 Filed: July 6, 2011 Vehicle Warning Lights Regulations Order in Council 2011-257 dated July 5, 2011 Amendment to regulations made by the Governor in Council pursuant to

Section 180 of the Motor Vehicle Act The Governor in Council on the report and recommendation of the Minister of Transportation and Infrastructure Renewal dated June 14, 2011, and pursuant to

Section 180 of

Chapter 293 of the Revised Statutes of Nova Scotia, 1989, the Motor Vehicle Act, is pleased to amend the Vehicle Warning Lights Regulations, N.S. Reg. 20/2007, made by the Governor in Council by Order in Council 2007-29 dated January 12, 2007, to allow vehicles driven by appointees of certain federal government departments and agencies in the course of their duties to display red and blue flashing or revolving lights while the vehicles are being operated on Provincial highways, in the manner set forth in

Schedule “A” attached to and forming part of the report and recommendation, effective on and after July 5, 2011.

N.S. Reg. 233/2011 Royal Gazette

Part II - Regulations Vol. 35, No. 15 686 © NS Registry of Regulations. Web version.

Schedule “A” Amendment to the Vehicle Warning Lights Regulations made by the Governor in Council under

Section 180 of

Chapter 293 of the Revised Statutes of Nova Scotia, 1989, the Motor Vehicle Act Sections 7 and 7A of the Vehicle Warning Lights Regulations, N.S. Reg. 20/2007, made by the Governor in Council by Order in Council 2007-29 dated January 12, 2007, are repealed and the following headings and Sections substituted: Lights displayed by certain peace officers 7 In addition to the vehicles permitted to display red, blue and flashing lights under

Section 179 of the Act, the following vehicles may display a red light visible from any direction, a blue light visible from any direction, flashing lights or revolving lights: (

a) a vehicle driven by an inspector appointed under

Section 34 of the Motor Carrier Act while performing their duties as an inspector; (

b) a vehicle driven by a special constable appointed under

Section 88 of the Police Act while performing their duties as a special constable employed by the Halifax-Dartmouth Bridge Commission and while on Halifax-Dartmouth Bridge Commission property; (

c) a vehicle driven by a fishery officer or fish ery guardian appointed under subsection 5(1) of the Fisheries Act (Canada), while performing their duties as a fishery officer or fishery guardian; (

d) a vehicle driven by an officer appointed under subsection 12(1) of the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act (Canada), while performing their duties as an officer; (

e) a vehicle driven by a game officer appointed under subsection 6(1) of the Migratory Birds Convention Act (Canada), while performing their duties as a game officer; (

f) a vehicle driven by an enforcement officer appointed under subsection 85(1) of the Species at Risk Act (Canada), while performing their duties as an enforcement officer; (

g) a vehicle driven by a wildlife officer appointed under

Section 11 of the Canada Wildlife Act (Canada), while performing their duties as a wildlife officer. Lights displayed by vehicle of a peace officer of Corrections Service of Canada 7A In addition to the vehicles permitted to display red, blue and flashing lights under

Section 179 of the Act and these regulations, a vehicle driven by a peace officer appointed under

Section 10 of the Corrections and Conditional Release Act (Canada), while performing their duties as a peace officer, may display the following lights: (

a) a red light visible from any direction; (

b) flashing or revolving red lights.

N.S. Reg. 234/2011 Royal Gazette

Part II - Regulations Vol. 35, No. 15 © NS Registry of Regulations. Web version. 687 N.S. Reg. 234/2011 Made: July 5, 2011 Filed: July 6, 2011 Public Sector Body Designation Regulations Order in Council 2011-262 dated July 5, 2011 Regulations made by the Governor in Council pursuant to

Section 9 of the Public Sector Compensation Disclosure Act The Governor in Council on the report and recommendation of the Minister of Finance dated May 31, 2011, and pursuant to

Section 9 of

Chapter 43 of the Acts of 2010, the Public Sector Compensation Disclosure Act, is pleased to make new regulations designating universities as public sector bodies in the form set forth in

Schedule “A” attached to and forming part of the report and recommendation, effective on and after July 5, 2011.

Schedule “A” Regulations Respecting the Designation of Persons, Organizations or Bodies as Public Sector Bodies made by the Governor in Council pursuant to

Section 9 of

Chapter 43 of the Acts of 2010, the Public Sector Compensation Disclosure Act Citation 1 These regulations may be cited as the Public Sector Body Designation Regulations. Definition 2 In these regulations, “Act” means the Public Sector Compensation Disclosure Act. Universities under the Universities Assistance Act 3 Any institution or organization designated as a university for any purpose under the Universities Assistance Act is designated as a public sector body under the Act.

N.S. Reg. 235/2011 Royal Gazette

Part II - Regulations Vol. 35, No. 15 688 © NS Registry of Regulations. Web version. N.S. Reg. 235/2011 Made: July 7, 2011 Filed: July 12, 2011 Prescribed Petroleum Products Prices Order dated July 7, 2011 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 NSUARB-GAS-W-11-29 In the Matter of the Petroleum Products Pricing Act - 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: Peter W. Gurnham, Q.C., Chair Order

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 prices in its decision, 2006 NSUARB 108, issued on October 16, 2006; And

whereas the average of the average of the daily high and low reported product prices (in Canadian cents) for the week ended July 6, 2011, are: Grade 1 Regular gasoline 73.1¢ per litre Ultra-low-sulfur diesel oil 77.1¢ per litre

Now therefore the Board prescribes the benchmark prices for petroleum products to be: Gasoline: Grade 1 73.1¢ per litre Grade 2 76.1¢ per litre Grade 3 79.1¢ per litre Ultra-low-sulfur diesel oil 77.1¢ 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 0.5¢ per litre Ultra-low-sulfur diesel oil: nil 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., July 8, 2011. Dated at Halifax, Nova Scotia, this 7th day of July, 2011. Sgd: Mora Stevens Clerk of the Board

N.S. Reg. 235/2011 Royal Gazette

Part II - Regulations Vol. 35, No. 15 © NS Registry of Regulations. Web version. 689

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 July 8, 2011 Nova Scotia Petroleum Price

Schedule Petroleum Prices in Cents/Litre Self-Service Pump Prices Full-Service 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 Mid-Grade Unleaded Premium Unleaded Ultra-Low-Sulfur Diesel 79.9 82.9 85.9 83.4 10.0 10.0 10.0 4.0 15.5 15.5 15.5 15.4 105.4 108.4 111.4 102.8 125.8 129.3 132.7 122.8 127.5 131.0 134.4 124.5 125.8 129.3 132.7 122.8 999.9 999.9 999.9 999.9 Zone 2 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra-Low-Sulfur Diesel 80.3 83.3 86.3 83.8 10.0 10.0 10.0 4.0 15.5 15.5 15.5 15.4 105.8 108.8 111.8 103.2 126.3 129.7 133.2 123.3 128.0 131.4 134.9 125.0 126.3 129.7 133.2 123.3 999.9 999.9 999.9 999.9 Zone 3 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra-Low-Sulfur Diesel 80.8 83.8 86.8 84.3 10.0 10.0 10.0 4.0 15.5 15.5 15.5 15.4 106.3 109.3 112.3 103.7 126.8 130.3 133.7 123.9 128.6 132.0 135.5 125.6 126.8 130.3 133.7 123.9 999.9 999.9 999.9 999.9 Zone 4 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra-Low-Sulfur Diesel 80.8 83.8 86.8 84.3 10.0 10.0 10.0 4.0 15.5 15.5 15.5 15.4 106.3 109.3 112.3 103.7 126.8 130.3 133.7 123.9 128.6 132.0 135.5 125.6 126.8 130.3 133.7 123.9 999.9 999.9 999.9 999.9 Zone 5 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra-Low-Sulfur Diesel 80.8 83.8 86.8 84.3 10.0 10.0 10.0 4.0 15.5 15.5 15.5 15.4 106.3 109.3 112.3 103.7 126.8 130.3 133.7 123.9 128.6 132.0 135.5 125.6 126.8 130.3 133.7 123.9 999.9 999.9 999.9 999.9 Zone 6 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra-Low-Sulfur Diesel 81.6 84.6 87.6 85.1 10.0 10.0 10.0 4.0 15.5 15.5 15.5 15.4 107.1 110.1 113.1 104.5 127.8 131.2 134.7 124.8 129.5 132.9 136.4 126.5 127.8 131.2 134.7 124.8 999.9 999.9 999.9 999.9

N.S. Reg. 236/2011 Royal Gazette

Part II - Regulations Vol. 35, No. 15 690 © NS Registry of Regulations. Web version. N.S. Reg. 236/2011 Made: July 14, 2011 Filed: July 18, 2011 Prescribed Petroleum Products Prices Order dated July 14, 2011 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 NSUARB-GAS-W-11-30 In the Matter of the Petroleum Products Pricing Act - 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: Roland A. Deveau, Q.C., Member Order

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 prices in its decision, 2006 NSUARB 108, issued on October 16, 2006; And

whereas the average of the average of the daily high and low reported product prices (in Canadian cents) for the week ended July 13, 2011, are: Grade 1 Regular gasoline 77.1¢ per litre Ultra-low-sulfur diesel oil 80.9¢ per litre

Now therefore the Board prescribes the benchmark prices for petroleum products to be: Gasoline: Grade 1 77.1¢ per litre Grade 2 70.1¢ per litre Grade 3 83.1¢ per litre Ultra-low-sulfur diesel oil 80.9¢ 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 1.0¢ per litre Ultra-low-sulfur diesel oil: plus 0.9¢ 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., July 15, 2011. Dated at Halifax, Nova Scotia, this 14th day of July, 2011. Sgd: Mora Stevens Clerk of the Board

N.S. Reg. 236/2011 Royal Gazette

Part II - Regulations Vol. 35, No. 15 © NS Registry of Regulations. Web version. 691

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 July 15, 2011 Nova Scotia Petroleum Price

Schedule Petroleum Prices in Cents/Litre Self-Service Pump Prices Full-Service 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 Mid-Grade Unleaded Premium Unleaded Ultra-Low-Sulfur Diesel 84.4 87.4 90.4 88.1 10.0 10.0 10.0 4.0 15.5 15.5 15.5 15.4 109.9 112.9 115.9 107.5 131.0 134.4 137.9 128.2 132.7 136.2 139.6 130.0 131.0 134.4 137.9 128.2 999.9 999.9 999.9 999.9 Zone 2 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra-Low-Sulfur Diesel 84.8 87.8 90.8 88.5 10.0 10.0 10.0 4.0 15.5 15.5 15.5 15.4 110.3 113.3 116.3 107.9 131.4 134.9 138.3 128.7 133.2 136.6 140.1 130.4 131.4 134.9 138.3 128.7 999.9 999.9 999.9 999.9 Zone 3 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra-Low-Sulfur Diesel 85.3 88.3 91.3 89.0 10.0 10.0 10.0 4.0 15.5 15.5 15.5 15.4 110.8 113.8 116.8 108.4 132.0 135.5 138.9 129.3 133.7 137.2 140.6 131.0 132.0 135.5 138.9 129.3 999.9 999.9 999.9 999.9 Zone 4 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra-Low-Sulfur Diesel 85.3 88.3 91.3 89.0 10.0 10.0 10.0 4.0 15.5 15.5 15.5 15.4 110.8 113.8 116.8 108.4 132.0 135.5 138.9 129.3 133.7 137.2 140.6 131.0 132.0 135.5 138.9 129.3 999.9 999.9 999.9 999.9 Zone 5 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra-Low-Sulfur Diesel 85.3 88.3 91.3 89.0 10.0 10.0 10.0 4.0 15.5 15.5 15.5 15.4 110.8 113.8 116.8 108.4 132.0 135.5 138.9 129.3 133.7 137.2 140.6 131.0 132.0 135.5 138.9 129.3 999.9 999.9 999.9 999.9 Zone 6 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra-Low-Sulfur Diesel 86.1 89.1 92.1 89.8 10.0 10.0 10.0 4.0 15.5 15.5 15.5 15.4 111.6 114.6 117.6 109.2 132.9 136.4 139.8 130.2 134.7 138.1 141.6 131.9 132.9 136.4 139.8 130.2 999.9 999.9 999.9 999.9

N.S. Reg. 237/2011 Royal Gazette

Part II - Regulations Vol. 35, No. 15 692 © NS Registry of Regulations. Web version. N.S. Reg. 237/2011 Made: June 16, 2011 Approved: July 19, 2011 Filed: July 19, 2011 Identification and Proof of Registration Regulations Order in Council 2011-268 dated July 19, 2011 Amendment to regulations made by the Minister of Service Nova Scotia and Municipal Relations and approved by the Governor in Council pursuant to

Section 10 and subsection 38(1) of the Motor Vehicle Act The Governor in Council on the report and recommendation o