© NS Registry of Regulations. Web version. 581

Part II Regulations under the Regulations Act Printed by the Queen’s Printer Halifax, Nova Scotia Vol. 32, No. 12 June 6, 2008 Contents Act Reg. No.

Page Education Act Proclamation of amendments to Act, S. 2, S.N.S. 2006, c. 27 ....................... 277/2008 589 Governor in Council Education Act Regulations–amendment ...................... 278/2008 590 – a m e n d m e n t ........................................................... 279/2008 591 – a m e n d m e n t ........................................................... 280/2008 592 – a m e n d m e n t ........................................................... 281/2008 593 Petroleum Products Pricing Act Prescribed Petroleum Products Prices ......................................... 273/2008 582 Prescribed Petroleum Products Prices ......................................... 274/2008 584 Provincial Parks Act West Mabou Beach Provincial Park Designation–amendment ...................... 276/2008 587 Off-Highway Vehicles Act Prohibition of Off-Highway Vehicle Use in Pockwock Lake Watershed P r o t e c t e d W a t e r A r e a .................................................... 275/2008 586 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. 273/2008 Royal Gazette

Part II - Regulations Vol. 32, No. 12 582 © NS Registry of Regulations. Web version. N.S. Reg. 273/2008 Made: May 15, 2008 Filed: May 16, 2008 Prescribed Petroleum Products Prices Order dated May 15, 2008 made by the Minister of Service Nova Scotia and Municipal Relations pursuant to

Section 14 of the Petroleum Products Pricing Act In the Matter of

Section 14 of

Chapter 11 of the Acts of 2005 the Petroleum Products Pricing Act - and - In the Matter of Sections 14 to 18 of the Petroleum Products Pricing Regulations made by the Governor in Council pursuant to

Section 14 of the Petroleum Products Pricing Act - and - In the Matter of an Order Prescribing Prices for Petroleum Products made by the Minister of Service Nova Scotia and Municipal Relations pursuant to

Section 14 of the Petroleum Products Pricing Act and Sections 14 to 18 of the Petroleum Products Pricing Regulations Order I, Jamie Muir, Minister of Service Nova Scotia and Municipal Relations for the Province of Nova Scotia, pursuant to

Section 14 of

Chapter 11 of the Acts of 2005, the Petroleum Products Pricing Act, and Sections 14 to 18 of the Petroleum Products Pricing Regulations, hereby (

a) repeal the Order dated May 8, 2008, which prescribed prices May 9, 2008; and (

b) prescribe prices for petroleum products in the Pr ovince as set forth in the tables in

Schedule “A”. This Order is effective on and after 12:01 a.m. on May 16, 2008. Made at Halifax, in the Halifax Regional Municipality, Nova Scotia, on May 15, 2008. Sgd.: Jamie Muir Honourable Jamie Muir Minister of Service Nova Scotia and Municipal Relations

N.S. Reg. 273/2008 Royal Gazette

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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 May 16, 2008 Table 1: Benchmark Prices for Regulated Petroleum Products (cents/litre) Regular unleaded gasoline 82.7 Mid-grade unleaded gasoline 85.7 Premium unleaded gasoline 88.7 Ultra low-sulfur diesel oil 101.2 Table 2: Fixed Wholesale Prices, Retail Mark-ups and Retail Prices for Regulated Petroleum Products (cents/litre) Retail Mark-up Retail Price (includes all taxes) Self-Service Full-Service Self-Service Full-Service Fixed Wholesale Price (excludes GST) Min Max Min Max Min Max Min Max Zone 1 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra Low-Sulfur Diesel 114.5 117.5 120.5 126.9 4.0 4.0 4.0 4.0 5.5 5.5 5.5 5.5 4.0 4.0 4.0 4.0 999.9 999.9 999.9 999.9 133.9 137.3 140.7 147.9 135.6 139.0 142.4 149.6 133.9 137.3 140.7 147.9 999.9 999.9 999.9 999.9 Zone 2 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra Low-Sulfur Diesel 114.9 117.9 120.9 127.3 4.0 4.0 4.0 4.0 5.5 5.5 5.5 5.5 4.0 4.0 4.0 4.0 999.9 999.9 999.9 999.9 134.4 137.7 141.1 148.4 136.1 139.4 142.8 150.1 134.4 137.7 141.1 148.4 999.9 999.9 999.9 999.9 Zone 3 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra Low-Sulfur Diesel 115.4 118.4 121.4 127.8 4.0 4.0 4.0 4.0 5.5 5.5 5.5 5.5 4.0 4.0 4.0 4.0 999.9 999.9 999.9 999.9 134.9 138.3 141.7 148.9 136.6 140.0 143.4 150.6 134.9 138.3 141.7 148.9 999.9 999.9 999.9 999.9 Zone 4 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra Low-Sulfur Diesel 115.4 118.4 121.4 127.8 4.0 4.0 4.0 4.0 5.5 5.5 5.5 5.5 4.0 4.0 4.0 4.0 999.9 999.9 999.9 999.9 134.9 138.3 141.7 148.9 136.6 140.0 143.4 150.6 134.9 138.3 141.7 148.9 999.9 999.9 999.9 999.9 Zone 5 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra Low-Sulfur Diesel 115.4 118.4 121.4 127.8 4.0 4.0 4.0 4.0 5.5 5.5 5.5 5.5 4.0 4.0 4.0 4.0 999.9 999.9 999.9 999.9 134.9 138.3 141.7 148.9 136.6 140.0 143.4 150.6 134.9 138.3 141.7 148.9 999.9 999.9 999.9 999.9

N.S. Reg. 273/2008 - 274/2008 Royal Gazette

Part II - Regulations Vol. 32, No. 12 584 © NS Registry of Regulations. Web version. Zone 6 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra Low-Sulfur Diesel 116.2 119.2 122.2 128.6 4.0 4.0 4.0 4.0 5.5 5.5 5.5 5.5 4.0 4.0 4.0 4.0 999.9 999.9 999.9 999.9 135.8 139.2 142.6 149.8 137.5 140.9 144.3 151.5 135.8 139.2 142.6 149.8 999.9 999.9 999.9 999.9 N.S. Reg. 274/2008 Made: May 22, 2008 Filed: May 23, 2008 Prescribed Petroleum Products Prices Order dated May 22, 2008 made by the Minister of Service Nova Scotia and Municipal Relations pursuant to

Section 14 of the Petroleum Products Pricing Act In the Matter of

Section 14 of

Chapter 11 of the Acts of 2005 the Petroleum Products Pricing Act - and - In the Matter of Sections 14 to 18 of the Petroleum Products Pricing Regulations made by the Governor in Council pursuant to

Section 14 of the Petroleum Products Pricing Act - and - In the Matter of an Order Prescribing Prices for Petroleum Products made by the Minister of Service Nova Scotia and Municipal Relations pursuant to

Section 14 of the Petroleum Products Pricing Act and Sections 14 to 18 of the Petroleum Products Pricing Regulations Order I, Jamie Muir, Minister of Service Nova Scotia and Municipal Relations for the Province of Nova Scotia, pursuant to

Section 14 of

Chapter 11 of the Acts of 2005, the Petroleum Products Pricing Act, and Sections 14 to 18 of the Petroleum Products Pricing Regulations, hereby (

a) repeal the Order dated May 15, 2008, which prescribed prices May 16, 2008; and (

b) prescribe prices for petroleum products in the Pr ovince as set forth in the tables in

Schedule “A”. This Order is effective on and after 12:01 a.m. on May 23, 2008. Made at Halifax, in the Halifax Regional Municipality, Nova Scotia, on May 22, 2008. Sgd.: Jamie Muir Honourable Jamie Muir Minister of Service Nova Scotia and Municipal Relations

N.S. Reg. 274/2008 Royal Gazette

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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 May 23, 2008 Table 1: Benchmark Prices for Regulated Petroleum Products (cents/litre) Regular unleaded gasoline 84.2 Mid-grade unleaded gasoline 87.2 Premium unleaded gasoline 90.2 Ultra low-sulfur diesel oil 106.7 Table 2: Fixed Wholesale Prices, Retail Mark-ups and Retail Prices for Regulated Petroleum Products (cents/litre) Retail Mark-up Retail Price (includes all taxes) Self-Service Full-Service Self-Service Full-Service Fixed Wholesale Price (excludes GST) Min Max Min Max Min Max Min Max Zone 1 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra Low-Sulfur Diesel 116.0 119.0 122.0 132.4 4.0 4.0 4.0 4.0 5.5 5.5 5.5 5.5 4.0 4.0 4.0 4.0 999.9 999.9 999.9 999.9 135.6 139.0 142.4 154.1 137.3 140.7 144.1 155.8 135.6 139.0 142.4 154.1 999.9 999.9 999.9 999.9 Zone 2 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra Low-Sulfur Diesel 116.4 119.4 122.4 132.8 4.0 4.0 4.0 4.0 5.5 5.5 5.5 5.5 4.0 4.0 4.0 4.0 999.9 999.9 999.9 999.9 136.1 139.4 142.8 154.6 137.7 141.1 144.5 156.3 136.1 139.4 142.8 154.6 999.9 999.9 999.9 999.9 Zone 3 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra Low-Sulfur Diesel 116.9 119.9 122.9 133.3 4.0 4.0 4.0 4.0 5.5 5.5 5.5 5.5 4.0 4.0 4.0 4.0 999.9 999.9 999.9 999.9 136.6 140.0 143.4 155.1 138.3 141.7 145.1 156.8 136.6 140.0 143.4 155.1 999.9 999.9 999.9 999.9 Zone 4 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra Low-Sulfur Diesel 116.9 119.9 122.9 133.3 4.0 4.0 4.0 4.0 5.5 5.5 5.5 5.5 4.0 4.0 4.0 4.0 999.9 999.9 999.9 999.9 136.6 140.0 143.4 155.1 138.3 141.7 145.1 156.8 136.6 140.0 143.4 155.1 999.9 999.9 999.9 999.9 Zone 5 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra Low-Sulfur Diesel 116.9 119.9 122.9 133.3 4.0 4.0 4.0 4.0 5.5 5.5 5.5 5.5 4.0 4.0 4.0 4.0 999.9 999.9 999.9 999.9 136.6 140.0 143.4 155.1 138.3 141.7 145.1 156.8 136.6 140.0 143.4 155.1 999.9 999.9 999.9 999.9

N.S. Reg. 274/2008 - 275/2008 Royal Gazette

Part II - Regulations Vol. 32, No. 12 586 © NS Registry of Regulations. Web version. Zone 6 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra Low-Sulfur Diesel 117.7 120.7 123.7 134.1 4.0 4.0 4.0 4.0 5.5 5.5 5.5 5.5 4.0 4.0 4.0 4.0 999.9 999.9 999.9 999.9 137.5 140.9 144.3 156.1 139.2 142.6 146.0 157.7 137.5 140.9 144.3 156.1 999.9 999.9 999.9 999.9 N.S. Reg. 275/2008 Made: May 20, 2008 Filed: May 23, 2008 Prohibition of Off-Highway Vehicle Use in Pockwock Lake Watershed Protected Water Area Order dated May 20, 2008 made by the Minister of Environment pursuant to

Section 12F of the Off-Highway Vehicles Act In the matter of

Section 12F of

Chapter 323 of the Revised Statutes of Nova Scotia, 1989, the Off-Highway Vehicles Act - and - In the matter of prohibition of off-highway vehicle use in a drinking-water supply area Order

Whereas

Section 12F of the Revised Statutes of Nova Scotia, 1989, the Off-Highway Vehicles Act provides: 12F

(1) At the request of the water works operato r for a drinking-water supply area, the Minister of Environment and Labour may, for the protection of water quality in the supply area, make an order, consistent with any applicable source-water protection plan, controlling, prohibiting or regulating off-highway vehicle use in the supply area.

(2) No person shall operate an off-highway ve hicle in a drinking-water supply area contrary to an order made pursuant to subsection (1). 2005, c. 56, s. 7. And

whereas the Halifax Regional Water Commission (the “Commission”) is the waterworks operator responsible for ensuring that Halifax and surrounding areas have sustainable, safe drinking-water supplies. As part of the waterworks operator’s long-term drinking-water supply plan for the Pockwock Watershed, it was designated pursuant to Nova Scotia Reg. 12/1995 [N.S. Reg. 12/95], December 21, 1994 as a protected water area. And

whereas the Commission has requested that the Minister of Environment prohibit off-highway vehicle use in the Pockwock Lake Watershed Protected Water Area. Therefore, I, Mark Parent, Minister of Environment for the Province of Nova Scotia, pursuant to

Section 12F of the Revised Statutes of Nova Scotia, [1989,] the Off-Highway Vehicles Act, do hereby make the following Order: No person shall operate an off-highway vehicle on or through the Pockwock Lake Watershed Protected Water Area as designated by N.S. Reg. 12/95, December, 21, 1994,

N.S. Reg. 275/2008 - 276/2008 Royal Gazette

Part II - Regulations Vol. 32, No. 12 © NS Registry of Regulations. Web version. 587 without the written permission of the Commission. For the purpose of this Order “written permission” has the same meaning as provided for in clause 1A(1)(

b) of the Off-Highway Vehicles General Regulations, N.S. Reg. 13/88. This Order does not apply to peace officers, as defined in the Off-Highway Vehicles Act, in the performance of their duties. Dated and made at Halifax, Nova Scotia, 20 May, 2008. Sgd.: Mark Parent Hon. Mark Parent Minister of Environment N.S. Reg. 276/2008 Made: May 27, 2008 Filed: May 27, 2008 West Mabou Beach Provincial Park Designation Order in Council 2008-277 dated May 27, 2008 Amendment to designation made by the Governor in Council pursuant to

Section 8 of the Provincial Parks Act The Governor in Council on the report and recommendation of the Minister of Natural Resources dated May 7, 2008, is pleased, effective on and after May 27, 2008: (

a) pursuant to

Section 8 of

Chapter 367 of th e Revised Statutes of Nova Scotia, 1989, the Provincial Parks Act, to decrease the size of West Mabou Beach Provincial Park, designated by Order in Council 2001-415 dated August 23, 2001, by removing approximately 5734.8 square metres of land as shown outlined in red on the plan marked

Schedule “A” attached to and forming part of the report and recommendation; and [N.S. Reg. 276/2008.] (

b) pursuant to clause 16(1)(

c) of

Chapter 114 of the Revised Statutes of Nova Scotia, 1989, the Crown Lands Act, to approve the transfer of the administration and control of the land shown outlined in red on the plan marked

Schedule “A” attached to and forming part of the report and recommendation to Her Majesty the Queen in right of Canada for the consideration of $1.00, and to authorize the Minister of Natural Resources to execute such documents as may be necessary to achieve the purposes of this Order. [Clause (

b) not filed as a regulation.]

N.S. Reg. 276/2008 Royal Gazette

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N.S. Reg. 277/2008 Royal Gazette

Part II - Regulations Vol. 32, No. 12 © NS Registry of Regulations. Web version. 589 N.S. Reg. 277/2008 Made: May 27, 2008 Filed: May 27, 2008 Proclamation, S. 2, S.N.S. 2006, c. 27 Order in Council 2008-278 dated May 27, 2008 Proclamation made by the Governor in Council pursuant to

Section 2 of

An Act to Amend

Chapter 1 of the Acts of 1995-96, the Education Act The Governor in Council on the report and recommendation of the Minister of Education dated March 25, 2008, and pursuant to

Section 2 of

Chapter 27 of the Acts of 2006,

An Act to Amend

Chapter 1 of the Acts of 1995-96, the Education Act, is pleased to order and declare by proclamation that

Chapter 27 of the Acts of 2006,

An Act to Amend

Chapter 1 of the Acts of 1995-96, the Education Act, do come into force on and not before May 27, 2008. 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 27 of the Acts of 2006,

An Act to Amend

Chapter 1 of the Acts of 1995-96, the Education Act, it is enacted as follows: 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 27 of the Acts of 2006,

An Act to Amend

Chapter 1 of the Acts of 1995-96, the Education Act, do come into force on and not before May 27, 2008; 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 27 of the Acts of 2006,

An Act to Amend

Chapter 1 of the Acts of 1995-96, the Education Act, do come into force on and not before May 27, 2008, 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. 277/2008 - 278/2008 Royal Gazette

Part II - Regulations Vol. 32, No. 13 590 © NS Registry of Regulations. Web version. AT Our Government House in the Halifax Regional Municipality, this 27th day of May in the year of Our Lord two thousand and eight and in the fifty- seventh year of Our Reign. BY COMMAND: sgd: Cecil P. Clarke Provincial Secretary Minister of Justice and Attorney General N.S. Reg. 278/2008 Made: May 27, 2008 Filed: May 27, 2008 Governor in Council Education Act Regulations Order in Council 2008-279 dated May 27, 2008 Amendment to regulations made by the Governor in Council pursuant to

Section 146 of the Education Act The Governor in Council on the report and recommendation of the Minister of Education dated May 6, 2008, and pursuant to

Section 146 of

Chapter 1 of the Acts of 1995-96, the Education Act, is pleased to amend the Governor in Council Education Act Regulations, N.S. Reg 74/97, made by the Governor in Council by Order in Council 97-405 dated June 24, 2007, in the manner set forth in

Schedule “A” attached to and forming part of the report and recommendation, effective on or after May 27, 2008.

Schedule “A” Amendment to the Governor in Council Education Act Regulations made pursuant to subsection 146(

e) of

Chapter 1 of the Acts of 1995-96, the Education Act

Section 20 of the Governor in Council Education Act Regulations, N.S. 74/97, made by the Governor in Council by Order in Council 97-405 dated June 24, 1997, is amended by repealing subsections (2) to (4) and substituting the following subsections:

(2) The Minister may, for cause, take any of the following actions respecting a certificate or permit: (

a) issue a letter of caution to the holder of a certificate or permit; (

b) issue a letter of reprimand to the holder of a certificate or permit; (

c) suspend a certificate or permit with or without restrictions or conditions on the reinstatement of the certificate or permit; (

d) cancel a certificate or permit.

N.S. Reg. 278/2008 - 279/2008 Royal Gazette

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(3) The Minister shall send the holder of a certificate or permit a copy of the investigation report prepared by the Department at least 30 days before taking any of the actions listed in subsection (2), and the holder of the certificate or permit may provide a written response to the investigation report.

(4) An investigation report sent under subsection (3) shall state the reasons for the Minister’s decision to take any of the actions listed in subsection (2) and no other reason may be added later.

(5) If the Minister does not take any of the actions listed in subsection (2) after an investigation, the Minister shall send a notice in writing of the decision to the holder of the certificate or permit no later than 30 days after the date of the Minister’s decision.

(6) The Minister shall immediately report any suspension or cancellation of a certificate or permit made under this Section, including any restrictions or conditions on the certificate or permit to all of the following: (

a) all school boards in the Province; (

b) all teacher certification authorities within Canada; (

c) any teacher certification authorities outside of Canada the Minister considers appropriate.

(7) The Minister may disclose information obtained in the course of an investigation that results in a certificate or permit being suspended or cancelled under this

Section to any teaching authority that requests the information, and may include details relating to any restrictions or conditions on the reinstatement of the certificate or permit.

(8) The Minister may, in the Minister’s absolute discretion, reinstate a certificate or permit that has been suspended or cancelled under this Section.

(9) A holder of a certificate or permit may voluntarily surrender their certificate or permit to the Minister. N.S. Reg. 279/2008 Made: May 27, 2008 Filed: May 27, 2008 Governor in Council Education Act Regulations Order in Council 2008-280 dated May 27, 2008 Amendment to regulations made by the Governor in Council pursuant to

Section 146 of the Education Act The Governor in Council on the report and recommendation of the Minister of Education dated May 6, 2008, and pursuant to

Section 146 of

Chapter 1 of the Acts of 1995-96, the Education Act, is pleased to amend the Governor in Council Education Act Regulations, N.S. Reg 74/97, made by the Governor in Council by Order in Council 97-405 dated June 24, 1997, in the manner set forth in

Schedule “A” attached to and forming part of the report and recommendation, effective on or after May 27, 2008.

N.S. Reg. 279/2008 - 280/2008 Royal Gazette

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Schedule “A” Amendment to the Governor in Council Education Act Regulations made pursuant to

Section 146 of

Chapter 1 of the Acts of 1995-96, the Education Act

Section 30 of the Governor in Council Education Act Regulations, N.S. 74/97, made by the Governor in Council by Order in Council 97-405 dated June 24, 1997, is amended by repealing subclause 30S(2)(d)(ii) and substituting the following subclause: (ii) an approved program of professional studies comple ted in another jurisdiction that consists of a minimum of 30 semester hours of course work, including practicum. N.S. Reg. 280/2008 Made: May 27, 2008 Filed: May 27, 2008 Governor in Council Education Act Regulations Order in Council 2008-281 dated May 27, 2008 Amendment to regulations made by the Governor in Council pursuant to

Section 146 of the Education Act The Governor in Council on the report and recommendation of the Minister of Education dated May 6, 2008, and pursuant to

Section 146 of

Chapter 1 of the Acts of 1995-96, the Education Act, is pleased to amend the Governor in Council Education Act Regulations, N.S. Reg 74/97, made by the Governor in Council by Order in Council 97-405 dated June 24, 1997, in the manner set forth in

Schedule “A” attached to and forming part of the report and recommendation, effective on or after May 27, 2008.

Schedule “A” Amendment to the Governor in Council Education Act Regulations made by the Governor in Council pursuant to clause 146(1)(

e) of

Chapter 1 of the Acts of 1995-96, the Education Act

Section 16 of the Governor in Council Education Act Regulations, N.S. 74/97, made by the Governor in Council by Order in Council 97-405 dated June 24, 1997, is amended by repealing subsection (2) and substituting the following subsections:

(2) The Minister shall appoint a Certification Appeals Committee composed of three persons, one of whom shall be nominated by the Nova Scotia Teachers’ Union, one of whom shall be nominated by the Minister, and one of whom shall be a person chosen from among the regional education officers who is acceptable to the two parties and who shall be chair.

(3) Each member of the Certification Appeals Committee holds office during the term, not exceeding three years, prescribed in their appointment and may be reappointed.

N.S. Reg. 280/2008 - 281/2008 Royal Gazette

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(4) A member of the Certification Appeals Committee whose term expires continues to hold office until reappointed or a successor is appointed.

(5) If the term of office of a member of the Certification Appeals Committee expires during the course of a review being conducted by the Committee, that member must remain part of the Committee until the review is concluded.

(6) The Minister shall fill any vacancy on the Certification Appeals Committee by appointing a person in accordance with subsection (2) to fill the former member’s unexpired term.

(7) On the recommendation of the Certification Appeals Committee, the Minister may revoke the appointment of any member of the Certification Appeals Committee who misses three consecutive meetings. N.S. Reg. 281/2008 Made: May 27, 2008 Filed: May 27, 2008 Governor in Council Education Act Regulations Order in Council 2008-282 dated May 27, 2008 Amendment to regulations made by the Governor in Council pursuant to

Section 146 of the Education Act The Governor in Council on the report and recommendation of the Minister of Education dated May 6, 2008, and pursuant to

Section 146 of

Chapter 1 of the Acts of 1995-96, the Education Act, is pleased to amend the Governor in Council Education Act Regulations, N.S. Reg 74/97, made by the Governor in Council by Order in Council 97-405 dated June 24, 1997, in the manner set forth in

Schedule “A” attached to and forming part of the report and recommendation, effective on or after May 27, 2008.

Schedule “A” Amendment to the Governor in Council Education Act Regulations made by the Governor in Council pursuant to clause 146(1)(

e) of

Chapter 1 of the Acts of 1995-96, the Education Act

Section 17 of the Governor in Council Education Act Regulations, N.S. 74/97, made by the Governor in Council by Order in Council 97-405 dated June 24, 1997, is repealed and the following

Section substituted: 17

(1) In this Section, (a) “applicant” means a person who applies to th e Minister for any class of teacher’s certificate; and (b) “review” means a review by the Certification Appeals Committee of a decision by the Minister to refuse an application for a class of teacher’s certificate.

N.S. Reg. 281/2008 Royal Gazette

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(2) The Minister may refuse to grant a class of teacher’s certificate an applicant has applied for if the Minister has reasonable grounds to believe that the applicant does not fulfill the requirements specified in these regulations for the granting of the certificate.

(3) If the Minister refuses an application for a class of teacher’s certificate, the Minister shall notify the applicant in writing of the refusal and the reasons for the refusal by ordinary mail no later than 45 days after the date the Minister received the application. (4) Subsection (3) does not apply if the Minister refuses to grant a class of teacher’s certificate an applicant has applied for by reason that the applicant’s teacher’s certificate is suspended or cancelled.

(5) A notice under subsection (3) shall state that the applicant may request a review in accordance with subsection (6) and shall specify any written submissions that the Certification Appeals Committee requires for the review.

(6) A request for review must be (

a) in writing; (

b) accompanied by any written submissions required by the Certification Appeals Committee, as specified in the notice to the applicant in accordance with subsection (5); and (

c) received by the Minister no later than 180 days after the date of the notice to the applicant under subsection (3).

(7) Except as provided in subsection (8), and subject to subsection (10), if an applicant requests a review, the Certification Appeals Committee must conduct a review.

(8) The Certification Appeals Committee may refuse to conduct a review if in its opinion the request for review is frivolous, vexatious, an abuse of process, not submitted in accordance with this Section, or outside the jurisdiction of the Committee.

(9) At an applicant’s request, the Certification Appeals Committee may extend the time prescribed in clause (6)(

c) for requesting a review if it is satisfied that there are apparent grounds for recommending relief and that there are reasonable grounds to grant the extension.

(10) The Certification Appeals Committee shall ensure that both an applicant who requests a review and the Minister are given at least 14 days in which to examine and to make submissions on any document that the Committee intends to consider when it conducts the review.

(11) The Certification Appeals Committee shall

schedule a date for a review on being satisfied of all of the following: (

a) the applicant has complied with the requireme nts of this

Section in requesting the review; (

b) both the applicant and the Minister have had at least 14 days in which to examine all the documents in accordance with subsection (10); (

c) the review is one that should proceed according to this Section.

(12) An applicant for whom a review is conducted may attend the review, may be accompanied by another person at the review, or may be represented by another person at the review.

N.S. Reg. 281/2008 Royal Gazette

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(13) On completing a review, and no later than 10 days after the date the Certification Appeals Committee makes its final decision, the Committee must make a recommendation in writing to the Minister, including its reasons for the recommendation, to do one of the following: (

a) grant the class of teacher’s certificate applied for; (

b) grant the class of teacher’s certificate app lied for after the applicant fulfills conditions specified by the Committee, including certain of the requirements specified in these regulations for the granting of the class of certificate applied for; (

c) refuse to grant the class of teacher’s certificate applied for.

(14) The Minister shall consider the recommendation of the Certification Appeals Committee and advise the Committee of the decision of the Minister.

(15) The chair of the Certification Appeals Committee shall notify the applicant of the decision of the Minister by providing the applicant with a copy of the Committee’s recommendation and the Minister’s decision no later than 30 days after the date the Committee makes its recommendation to the Minister.