just regulations rg2 1999 RG2 1999 01 15
just regulations rg2 1999 RG2 1999 01 15
Nova Scotia — Gazette
Part II Regulations under the Regulations Act Printed by the Queen's Printer Halifax, Nova Scotia Vol. 23, No. 2 January 15, 1999 Contents Act Reg. No. Page Dairy Commission Act
Schedule 9 -
Schedule of Milk Prices for Specified A r e a s R e g u l a t i o n s - A m e n d m e n t ......................102/98 29 Livestock Health Services Act L i v e s t o c k H e a l t h S e r v i c e s R e g u l a t i o n s - A m e n d m e n t........104/98 31 Maintenance Orders Enforcement Act R e c i p r o c a t i n g S t a t e s : U n i t e d S t a t e s o f A m e r i c a ............103/98 30 Provincial Finance Act P r o m i s s o r y N o t e ( C a n a d i a n C u r r e n c
y) R e g u l a t i o n s..........101/98 24 Workers’ Compensation Act Workers’ Compensation Appeal Tribunal Alternative D i s p u t e R e s o l u t i o n R e g u l a t i o n s ......................105/98 32 A complete quarterly sectional index of regulations is available from the Office of the Registrar of Regulation s. For subscriptions please call 424-6723. 23
N.S. Reg. 101/98 ROYAL GAZETTE
Part II Regulations N.S. Reg. 101/98 Made: October 24, 1995 Filed: December 29, 1998 Promissory Note (Canadian Currency) Regulations Order in Council 95-786 made October 24, 1995 Regulations made by the Governor in Council pursuant to
Section 47 of the Provincial Finance Act The Governor in Council on the Report and Recommendation of the Minister of Finance dated October 4, 1995 pursuant to
Section 47 of
Chapter 365 of the Revised Statutes of Nova Scotia, 1989, the Provincial Finance Act, is pleased to rescind, effective October 24, 1995, Order in Council 87-882, dated July 21, 1987, and to order as follows: 1. The form and execution of Promissory Notes which may be issued as a form of security pursuant to
Section 47 of the Provincial Finance Act, may be in one of the following forms or to like effect as determined by the Minister of Finance: (a) “Interest Bearing Note No. IBN-000000 PROVINCE OF NOV A SCOTIA $___________ PROMISSORY NOTE The Province of Nova Scotia, for value received, promises to pay to the order of , on the day of , 19 , upon due presentation and surrender of this note, the sum of Dollars ($ ) in lawful money of Canada, together with interest on the same in like money at the rate of per centum per annum from the date hereof to the day of maturity payable at the Main Branch of , at in the City of . This note is issued by the Minister of Finance of the Province pursuant to
Section 47 of
Chapter 365 of the Revised Statutes of Nova Scotia, 1989, the Provincial Finance Act, the Minister considering the proceeds from the issue of the same to be necessary for immediate or anticipated payments that are authorized to be made out of the Consolidated Fund. The form of this note has been approved by an Order of the Lieutenant Governor in Council numbered , dated the day of , 19 . Dated at the City of Halifax, in the Province of Nova Scotia, this day of , 19 . Signed by or on behalf of the Minister of Finance of Countersigned the Province of Nova Scotia by ________________ _________________________” Authorized Officer 24
N.S. Reg. 101/98 ROYAL GAZETTE
Part II Regulations (b) “Discount Note ______________________ 19 No. DN-00000 PROVINCE OF NOV A SCOTIA PROMISSORY NOTE The Province of Nova Scotia, for value received, promises to pay to the order of , on the day of 19 , upon due presentation and surrender of this note, the sum of Dollars ($ ) in lawful money of Canada at the Main Branch of in the City . This note is issued by the Minister of Finance of the Province pursuant to
Section 47 of
Chapter 365 of the Revised Statutes of Nova Scotia, 1989, the Provincial Finance Act, the Minister considering the proceeds from the issue of the same to be necessary for immediate or anticipated payments that are authorized to be made out of the Consolidated Fund. The form of this note has been approved by an Order of the Lieutenant Governor in Council numbered , dated the day of 19 .
Dated at the City of Halifax, in the province of Nova Scotia, this day of , 19 . signed by or on behalf of the Minister of Finance of Countersigned the Province of Nova Scotia by ________________ _________________________” Authorized Officer (c) “Variable Term Note -R00000 00,000,000 PROVINCE OF NOV A SCOTIA Canada Promissory Note CUSIP: This Global Note is issued by the Minister of Finance of the Province pursuant to
Section 47 of
Chapter 365 of the Revised Statutes of Nova Scotia, 1989, the Provincial Finance Act and an Order of the Lieutenant Governor in Council numbered , dated . The Province of Nova Scotia (the “Province”) for value received, hereby promises to pay to CDS & Co. or registered assigns, on , or an earlier call date if called by the Province, upon presentation and surrender of this Global Note, the sum of Dollars ($ ) in lawful money of Canada, at any branch of the Bank of Montreal in Canada. Interest will be paid to CDS & Co., or registered assigns, on , or an earlier call date as shown in the Accrued Interest
Schedule below. 25
N.S. Reg. 101/98 ROYAL GAZETTE
Part II Regulations Call
Schedule Accrued Interest
Schedule (as a percent of principal) Final Maturity This Global Note is registered in the name of the nominee of The Canadian Depository for Securities Limited ("CDS") and held by CDS. Beneficial interests in this Global Note are represented through book entry accounts, to be established and maintained by CDS, for financial institutions acting on behalf of beneficial owners as direct and indirect participants of CDS.
The Province will not have any responsibility or liability for maintaining, supervising or reviewing any records of CDS relating to such beneficial interests or for any aspect of the records of CDS relating to payments made by CDS on account of beneficial interests in this Global Note. The Province reserves the right to issue additional Notes of the same maturity and interest rate which will become interchangeable with the Notes subsequent to the first payment of interest on such additional Notes.
The principal and interest secured by this Global Note are payable in lawful money of Canada and the said principal and interest are a charge upon the revenue, money and funds of the Province. This Global Note shall be registered in the name of CDS & Co. as nominee of Canadian Depository for Securities Ltd.
After such registration certified by the Minister of Finance no transfer shall be valid unless made upon the Note Register kept by the Minister of Finance, by the registered holder or his executors or administrators or other legal representatives, or his or their attorney duly appointed by an instrument in writing in form and execution satisfactory to the Minister of Finance upon compliance with such further requirements as may be prescribed from time to time by the Governor in Council.
The date of registration of any Note delivered upon any exchange or transfer of Notes shall be such that no gain or loss of interest results from such exchange or transfer. The Minister of Finance shall not be required to make any transfers, registrations or exchanges of Notes for a period of fifteen (15) days preceding any interest payment date. This Global Note shall not be pledged as security or otherwise charged.
All notices given by the Province to the beneficial owners regarding the Notes of this Series represented by a Global Note shall be delivered to CDS for communication by CDS to the owners of the beneficial interests in such Note and any notice so given shall be deemed to have been given to the beneficial owners on the seventh day after the day on which the said notice was delivered to the Depository. 26
N.S. Reg. 101/98 ROYAL GAZETTE
Part II Regulations All notices to be given by the beneficial owners to the Province regarding the Notes of this Series represented by a Global Note, shall be delivered by CDS (acting upon instructions of the owners of beneficial interests in such Notes) to the Department of Finance and any notice so given shall be deemed to have been given to the Province on the day of its delivery. The Notes are governed by, and shall be construed in accordance with, the laws of the Province of Nova Scotia and the applicable laws of Canada. Dated at the City of Halifax in the Province of Nova Scotia on the day of 19 .
On behalf of the Province of Nova Scotia, Countersigned by Signed by or on behalf of the Minister of Finance ” 2. Every Promissory Note shall be signed manually or by facsimile signature by the Minister of Finance or on his behalf by any one of the following: the Deputy Minister of Finance; the Executive Director of Investments, Pensions, and Treasury Services, Department of Finance; the Controller, Department of Finance; the Director of Liability Management and Treasury Services, Department of Finance; or the Manager of Cash Management Services, Department of Finance, as Authorized Officers. 3.
Every Promissory Note shall be countersigned manually or by facsimile signature by any one of the following, provided that the same person does not sign and countersign the same Promissory Note; the Deputy Minister of Finance, the Executive Director of Investments, Pensions, and Treasury Services, Department of Finance; the Controller, Department of Finance; the Director of Liability Management and Treasury Services, Department of Finance; or the Manager of Cash Management Services, Department of Finance, as the Authorized signing Officers. 4.
The Minister of Finance on behalf of the Province of Nova Scotia may enter into an administrative arrangement as the Minister of Finance may approve, with any of the five major Canadian Chartered Banks or Canadian Depository for Securities Ltd. ("CDS"), as agent of the Province for the purpose of the completing, issuance, delivery, redemption, safekeeping, countersigning and receiving the proceeds from the sale of the Province's short term promissory notes in any city in Canada. 5.
For purposes of paragraph 5, the Bank or CDS acting as agent for the Province may by written notice to the Minister of Finance from time to time, authorize certain of its officers to be authenticating agents for the 27
N.S. Reg. 101/98 ROYAL GAZETTE
Part II Regulations Province and to sign the promissory notes. The Minister of Finance is authorized to add the following wording on the promissory notes, the forms of which are authorized herein: "Countersigned as issuing agent on behalf of the Province of Nova Scotia." "This note is not valid unless countersigned by an authorized officer of the Issuing Agent. " 6. The promissory notes issued in accordance with this Order shall be legal, valid and binding obligations of the Province. 7.
The Minister of Finance is hereby authorized to do such other things, perform such other acts, sign such other documents and issue such other notes as he may deem necessary to carry out the short term borrowings of the Province in accordance with the intent of this Order. 28
N.S. Reg. 102/98 ROYAL GAZETTE
Part II Regulations N.S. Reg. 102/98 Made: December 22, 1998 Filed: December 30, 1998
Schedule 9,
Schedule of Milk Prices for Specified Areas Regulations Order dated December 22, 1998 made under
Section 13 of the Dairy Commission Act THE NOV A SCOTIA DAIRY COMMISSION, Acting under the authority of the Dairy Commission Act this 22 nd day of December, 1998. HEREBY ORDERS that Regulation 1(
a) of
Schedule 9 of Commission Regulations, “Schedule of Milk Prices For Specified Areas” is hereby revoked and cancelled, and the following substituted therefor to become effective February 1, 1999
Schedule 9
Schedule of Milk Prices For Specified Areas Effective February 1, [1998] 1999 1 Prices paid by processors shall be the following on an F.O.B. Plant basis (
a) Component Prices, per kilogram for Classes 1, 2, 3, and 4 Class of $ Per Kg $ Per K[e ]g $ Per Kg $ Per hl Milk Butterfat Protein Other Solids Solids-non-fat 1(a) 5.6057 45.96 1(b) 5.6057 32.84 1(c) 5.6057 46.77 2 5.6057 4.2802 4.2802 3(a) 5.6057 9.7416 0.6110 3(b) 5.6057 9.2874 0.6110 4(a) 5.6057 3.7238 3.7238 4(b) 5.6057 3.8324 3.8324 4(c) 5.6057 3.7158 3.7158 4(d) 5.6057 3.7158 3.7158 (
b) Component Prices per kilogram for Class 5(a), 5(b), 5(c), 5(
d) and 5(
e) shall be those prices established from time to time by the Canadian Dairy Commission. 29
N.S. Reg. 103/98 ROYAL GAZETTE
Part II Regulations N.S. Reg. 103/98 Made: December 18, 1998 Filed: December 31, 1998 Reciprocating States Order in Council 1998-678 made December 18, 1998 Regulations made by the Governor in Council pursuant to
Section 19 of the Maintenance Orders Enforcement Act The Governor in Council on the report and recommendation of the Minister of Justice dated December 3, 1998, pursuant to
Section 19 of
Chapter 268 of the Revised Statutes of Nova Scotia, 1989, the Maintenance Order Enforcement Act, is please to declare the United States of America to be a reciprocating state for the purpose of the Maintenance Orders Enforcement Act of Nova Scotia. 30
N.S. Reg. 104/98 ROYAL GAZETTE
Part II Regulations N.S. Reg. 104/98 Made: December 18, 1998 Filed: December 31, 1998 Livestock Health Services Regulations Order in Council 1998-680 made December 18, 1998 Amendment to regulations approved by the Governor in Council pursuant to clauses 8(a), (
b) and (
c) of the Livestock Health Services Act The Governor in Council on the report and recommendation of the Minister of Agriculture and Marketing dated December 10, 1998, pursuant to clauses 8(a), (
b) and (
c) of
Chapter 262 of the Revised Statutes of Nova Scotia, the Livestock Health Services Act, is pleased to approve amendments to the regulations made by the Minister of Agriculture and Marketing and approved by Order in Council 98-216 dated May 19, 1998, in the manner set forth in
Schedule “A” attached to and forming part of the Report and Recommendation effective on, from and after October 1, 1998.
Schedule “A” Amendments to the Livestock Health Services Regulations made pursuant to
Chapter 262 of the Revised Statutes of Nova Scotia, 1989, the Livestock Health Services Act 1 Clause 5(1)(
a) of the Livestock Health Services Regulations made by the Governor in Council by Order in Council 98-216 dated May 19, 1998, is repealed and the following substituted: (
a) a basic call fee assistance of (i) $13.00 per service event, effective October 1, 1998, to March 31, 1999, and (ii) $5.00 per service event, effective April 1, 1999, for farm service or in-clinic service, regardless of when such service is rendered to eligible livestock owners; and 2 Clause 9(1)(
c) is amended by striking out “of $5.00”. 3 Subsection 9(3) is renumbered 9(2). 4 Subsection 9(4) is renumbered 9(3). 31
N.S. Reg. 105/98 ROYAL GAZETTE
Part II Regulations N.S. Reg. 105/98 Made: December 18, 1998 Filed: December 31, 1998 Workers’ Compensation Appeal Tribunal Alternative Dispute Resolution Regulations Order in Council 1998-682 made December 18, 1998 Regulations approved by the Governor in Council pursuant to Sections 240 and 255 of the Workers’ Compensation Act The Governor in Council on the report and recommendation of the Minister of Labour dated December 9, 1998, pursuant to Sections 240 and 255 of
Chapter 10 of the Statutes of Nova Scotia, 1994-95, the Workers’ Compensation Act, is pleased, effective December 18, 1998, to approve of regulations made by the Workers’ Compensation Appeals Tribunal, respecting Workers’ Compensation Appeals Tribunal Alternative Dispute Resolution, in the form set forth in
Schedule “A” attached to and forming part of the report and recommendation.
SCHEDULE “A” Regulations respecting Workers’ Compensation Appeal Tribunal Alternative Dispute Resolution made pursuant to Sections 240 and 255 of
Chapter 10 of the Statutes of Nova Scotia, 1994-95, the Workers’ Compensation Act Citation 1 These regulations may be cited as the Workers’ Compensation Appeal Tribunal Alternative Dispute Resolution Regulations. Alternative dispute resolution process 2( 1 ) Subject to subsection (2), an alternative dispute resolution process will continue to be available in respect of an unresolved appeal to the Workers Compensation Appeals Tribunal that relates to an injury which occurred prior to February 1, 1996.
(2) The alternative dispute resolution process is voluntary, and if any party to the appeal objects to the application of the process to the case, the process will not proceed. Agreement 3 Where an alternative dispute resolution process results in an agreement by the parties, the Workers’ Compensation Appeals Tribunal member who facilitated the process shall assess the agreement to ensure that it is not a patently unreasonable outcome, and, where appropriate, will incorporate the written record of the settlement signed by the parties into the final and binding decision of the Workers’ Compensation Appeals Tribunal. 32
N.S. Reg. 105/98 ROYAL GAZETTE
Part II Regulations No agreement 4 Where no agreement in accordance with
Section 3 results from an alternative dispute resolution process, (
a) discussions which occurred as part of the process are deemed to have been without prejudice and shall be disregarded by the Workers’ Compensation Appeals Tribunal in the resolution of the appeal; and (
b) the Workers’ Compensation Appeals Tribunal will
schedule the appeal in the same manner and time frame as if the case had not been included in the alternative dispute resolution process. 33