Summary Offence Tickets Regulations (N.S. Reg. 184/2003) (just regulations rg2 2003 no2803)

N.S. Reg. 184/2003

Nova Scotia — Gazette

Part II Regulations under the Regulations Act Printed by the Queen's Printer Halifax, Nova Scotia Vol. 27, No. 23 November 28, 2003 Contents Act Reg. No.

Page Crop and Livestock Insurance Act C r o p I n s u r a n c e P l a n f o r W i n t e r G r a i n – a m e n d m e n t .............................190/2003 703 Education Act Governor in Council Education Act Regulations – amendment ..................... 189/2003 702 M i n i s t e r i a l E d u c a t i o n A c t R e g u l a t i o n s – a m e n d m e n t .............................187/2003 698 – a m e n d m e n t........................................................... 188/2003 701 Endangered Species Act S p e c i e s - a t - R i s k L i s t R e g u l a t i o n s – a m e n d m e n t..................................186/2003 698 Motor Vehicle Act W i n t e r P a r k i n g R e g u l a t i o n s................................................. 194/2003 724 Pharmacy Act P r a c t i c e o f P h a r m a c y R e g u l a t i o n s ............................................ 193/2003 707 Small Claims Court Act S m a l l C l a i m s C o u r t R e s i d e n t i a l T e n a n c i e s A p p e a l R e g u l a t i o n s – a m e n d m e n t .........192/2003 705

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.............................184/2003 682 Tourist Accommodations Act T o u r i s t A c c o m m o d a t i o n s R e g u l a t i o n s......................................... 185/2003 683 Youth Criminal Justice Act D e s i g n a t i o n o f P e r s o n s W h o M a y A c c e s s R e c o r d s...............................195/2003 728 Youth Justice Act Y o u t h J u s t i c e R e g u l a t i o n s .................................................. 191/2003 704

N.S. Reg. 184/2003 Royal Gazette

Part II - Regulations Vol. 27, No. 23 682 © NS Registry of Regulations. Web version. N.S. Reg. 184/2003 Made: November 6, 2003 Filed: November 6, 2003

Summary Offence Tickets Regulations Order in Council 2003-460 dated November 6, 2003 Amendment to regulations made by the Minister of Justice and the Governor in Council pursuant to

Section 8 of the

Summary Proceedings Act The Governor in Council on the report and recommendation of the Minister of Justice and Attorney General dated October 8, 2003, and pursuant to

Section 8 of

Chapter 450 of the Revised Statutes of Nova Scotia, 1989, the

Summary Proceedings Act, is pleased to amend the

Summary Offence Tickets Regulations made by the Governor in Council by Order in Council 2001-21 dated January 18, 2001, to amend out of court settlement amounts under certain Motor Vehicle Act offences consistent with amendments to the Act, and to include certain offences under the Town of Clark's Harbour By-Laws and the Protection of Property Act as

summary offence ticket offences, in the manner set forth in

Schedule “A” attached to and forming part of the report and recommendation, effective on and after November 6, 2003. O R D E R I, Michael G. Baker, Q.C., Minister of Justice and Attorney General of Nova Scotia, do hereby order and direct pursuant to

Section 8 of

Chapter 450 of the Revised Statutes of Nova Scotia, 1989, the

Summary Proceedings Act, that the penalty to be entered on a summons in respect of any offence set out in the amendments to the Schedules to the

Summary Offence Tickets Regulations as set forth in

Schedule “A”, shall be the amount of the out of court settlement set out opposite the description of that offence, and the out of court settlement amount shall include the charge provided for in, and in accordance with, Sections 8 and 9 of the Act. This Order shall be effective on and after the making by the Governor in Council of the amendments to the

Summary Offence Tickets Regulations set out in

Schedule “A”. DATED AND MADE October 8, 2003, at Halifax, Halifax Regional Municipality, Province of Nova Scotia. Sgd: Michael Baker Minister of Justice and Attorney General of Nova Scotia

Schedule “A” Amendments to the

Summary Offence Tickets Regulations made by the Governor in Council pursuant to

Section 8 of

Chapter 450 of the Revised Statutes of Nova Scotia, 1989, the

Summary Proceedings Act 1

Schedule 4 of the

Summary Offence Tickets Regulations made by the Governor in Council by Order in Council 2001-21 dated January 18, 2001, is amended by increasing each amount in the out of court settlement column in item 112 by $57.50. 2 The regulations are further amended by adding the following headings and items immediately before the heading “Peace and Order By-law” in

Schedule 18-U: Curfew By-law No. 27: 1. Person under age of 16 on roads, streets, sidewalks or public property without being attended by parent, legal guardian or person of the age of majority having the care and custody of that person 4 $157.50 Dog Control By-law No. 17 : 1. Owning dog that runs at large 12(a) $157.50 2. Owning dog that is fi erce or dangerous 12(c) $157.50

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Part II - Regulations Vol. 27, No. 23 © NS Registry of Regulations. Web version. 683 3. Owning dog that disturbs the quiet of the neighbourhood by howling, barking or in any other manner 12(d) $157.50 4. Dog owner providing false statement to Town Clerk regarding number of dogs kept on premises 21 $123.00 5. Dog owner failing to obtain or attach tag to dog or attaching tag to dog that it was not issued for 22 $111.50 3

Schedule 21 of the regulations is amended by a dding the following item immediately after item 2: 2A. Entering on railway line premises 3(1)(ba) $215.00 N.S. Reg. 185/2003 Made: November 6, 2003 Filed: November 6, 2003 Tourist Accommodations Regulations Order in Council 2003-461 dated November 6, 2003 Regulations made by the Governor in Council pursuant to

Section 18 of the Tourist Accommodations Act The Governor in Council on the report and recommendation of the Minister of Tourism and Culture dated October 16, 2003, and pursuant to

Section 18 of

Chapter 9 of the Acts of 1994-95, the Tourist Accommodations Act, is pleased to, effective on and after November 6, 2003, (

a) repeal the regulations respecting tourist accommodations made by the Governor in Council by Order in Council 96-33 dated January 16, 1996; and (

b) make new regulations respecting tourist accommodations in the form set forth in

Schedule “A”, attached to and forming part of the report and recommendation.

Schedule “A” Regulations Respecting Tourist Accommodations made by the Governor in Council pursuant to

Section 18 of

Chapter 9 of the Acts of 1994-95, the Tourist Accommodations Act

Interpretation Citation 1 These regulations may be cited as the Tourist Accommodations Regulations.

Definitions 2 In these regulations (a) “accommodation” means a roofed accommodation or a camping establishment; (b) “accommodation officer” means a person appointed by the Minister pursuant to subsection 9(1) of the Act to inspect accommodations for compliance with the Act and these regulations; (c) “Act” means the Tourist Accommodations Act; (d) “bathroom” means a fully partitioned room in a roofed accommodation that has at least

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Web version. (i) 1 toilet, (ii) 1 sink, unless there is a sink in the bedroom, and (iii) 1 bathtub or shower; (e) “camping cabin” means a cabin that is used as an alternative form of accommodation in a camping establishment and that complies with the minimum requirements of Sections 63 to 65; (f) “camping unit” means 1 tent, 1 trailer, 1 recr eational vehicle or 1 camping cabin at a camping establishment; (g) “campsite” means a part of a camping establishment designed for the exclusive use of guests in a camping unit; (h) “Department” means the department re sponsible for the administration of the Tourist Accommodations Act; (i) “fully serviced”, in relation to a campsite, means that the campsite is equipped with electricity, water and sewer; (j) “guest” means a member of the travelling or vacationing public who is staying in an accommodation; (k) “licence” means a licence issued pursuant to the Act; (l) “manager” includes an owner, lessee, opera tor, or person in charge of an accommodation; (m) “partially-serviced”, in relation to a campsite, means that the campsite is equipped with electricity and water; (n) “rental unit” means a part of a roofed accomm odation designed for the exclusive use of guests assigned to it; (o) “shared bathroom” means a bathroom in a roofed accommodation that is designed in accordance with

Section 32 to be used by guests in more than 1 rental unit; (p) “unserviced” in relation to a campsite, means that the campsite is not equipped with electricity, water or sewer; Accommodations - General Compliance 3 No person is permitted to operate an accommodation unless the manager complies with the laws of Nova Scotia. Inspection 4( 1 ) An accommodation officer may be assisted during an inspection by any qualified person the officer considers necessary.

(2) At the request of an accommodation officer, a manager must produce the register, licence, and records or other information required to be kept under the Act or these regulations. Applying for a licence 5( 1 ) An applicant for a licence or renewal of a licence must submit an application to the Minister together with the applicable fee prescribed in

Schedule “A”.

(2) A purchaser or other person who acquires legal ownership of an accommodation must apply for a new licence to operate the accommodation.

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Part II - Regulations Vol. 27, No. 23 © NS Registry of Regulations. Web version. 685 Register 6 A manager must maintain the registration system required by

Section 7 of the Act in a form approved by the Minister, and it must include (

a) the name of the guest; (

b) the usual place of residence of the guest, including mailing address; (

c) the vehicle licence plate number of the guest’s vehicle, if applicable; (

d) the number of people in the guest’s party; (

e) the arrival and departure date of the guest; (

f) the rate charged for the rental unit or campsite; and (

g) the rental unit or campsite occupied by the guest. Registering a tour group 7 Despite

Section 6, when registering a tour group, a manager must enter into the register only (

a) the name of each guest; (

b) the rental unit or campsite occupied by the guests; and (

c) the name and address of the tour agent. Monthly occupancy report 8 A manager must provide an occupancy report to the Department in a form prescribed by the Minister within 7 days of the end of each calendar month during which the accommodation is operated. Notifying guests of reservation cancellation policy 9( 1 ) A manager of an accommodation must have a cancellation policy.

(2) A manager must ensure that a guest is notified of the reservation cancellation policy at the time the guest’s reservation is taken. Display of accommodation’s information 10

(1) A manager must have a sign bearing the registered business name of the accommodation placed at or near the main entrance.

(2) A manager must display the accommodation’s licence in a conspicuous place in the accommodation. Identifier for each rental unit or campsite 11 A manager must ensure that a number, name or other identification is placed on or near the outside of the main entry door of each rental unit or at each campsite. Emergency evacuation plan 12

(1) A manager must have an emergency evacuation plan in place that instructs guests on the procedures to follow in an emergency.

(2) A manager of an accommodation must display the emergency evacuation plan in a conspicuous place in each rental unit. Sufficient, safe water supply 13

(1) A manager must provide a water supply sufficient in quantity to meet the requirements of the maximum number of persons that can be accommodated.

(2) A manager must provide a water supply that meets the Provincial regulations for safe drinking water.

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(3) In addition to complying with any other applicable requirements under the laws of Canada, Nova Scotia or the authority having jurisdiction, a manager must ensure that the accommodation’s water supply is analyzed prior to the initial opening of the accommodation to the public and at least once a year thereafter, and the results of the analyses must be provided to an accommodation officer for determining compliance with this Section. Employee available for contact 14

(1) A manager must have at least 1 employee available to guests at all times during the operation of the accommodation.

(2) If an employee is not physically present, a manager must supply guests with a telephone number and the name of an employee who is available to contact. Telephone service 15

(1) If there is telephone service at the accommodation, a manager must ensure that there is (

a) at least 1 public telephone accessible 24 hours per day with posted emergency numbers; or (

b) a telephone installed and emergency numbers posted in each rental unit.

(2) If there is no telephone service at the accommodation, a manager must have an emergency plan in place to ensure the safety and security of guests. Parking 16 A manager must (

a) provide on-site parking with 24-hour access for at least 1 guest vehicle per rental unit or campsite; or (

b) make adequate off-site parking spaces with 24-hour access available for guests. Maintenance of grounds and buildings 17 A manager must keep the grounds and buildings of the accommodation in a safe, clean and well- maintained condition. Maintenance of furnishings, equipment and appliances 18

(1) A manager must keep the accommodation’s furnishings, equipment, and appliances repaired and in a clean and sanitary condition, and free from rodents, vermin or other pests.

(2) If any part of the accommodation becomes infested with rodents, vermin or other pests, the manager must not allow that part of the accommodation to be used until the infestation is eliminated. Food areas clean 19 If food is served at an accommodation, a manager must keep the food area safe, sanitary and in a well- maintained condition. Routine cleaning of rental units and campsites 20 A manager must ensure that each rental unit or campsite is (

a) cleaned and all fixtures are treated with a di sinfectant solution before a guest occupies it; and (

b) cleaned at least once every 24 hours while a gues t occupies it, except for rental units that are rented other than on an overnight basis and daily room cleaning is not provided. Manager to ensure inspection of rental units and campsites 21 A manager must ensure that a rental unit or campsite is inspected to ensure that it is clean and properly equipped before being occupied by a guest.

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Part II - Regulations Vol. 27, No. 23 © NS Registry of Regulations. Web version. 687 Cleaning solutions locked away 22 A manager must ensure that all cleaning solutions, toxic substances, or materials or substances that might be hazardous to guests are securely locked in a cabinet or cupboard. No personal belongings in rental unit or campsite 23 A manager must ensure that each rental unit or campsite does not contain any personal belongings of the manager or staff, or their families. No carpets in kitchens or bathrooms 24 A manager must ensure that the kitchen and bathroom flooring in a rental unit does not consist of carpeting. Laundry rooms 25

(1) A manager must ensure that a laundry room is mechanically ventilated or has screened doors or windows.

(2) A manager must ensure that no laundry equipment is stored in a shared bathroom or washroom used by guests. (3) Subsection (2) does not apply to accommodations with laundry equipment stored in a shared bathroom or washroom at the time these regulations come into force. Garbage 26

(1) A manager of a roofed accommodation must (

a) have all refuse or garbage containers in a re ntal unit emptied and cleaned daily, except for in a rental unit that is rented other than on an overnight basis and daily room cleaning is not provided; and (

b) store all refuse and garbage in containers and have a satisfactory garbage collection system.

(2) A manager of a camping establishment must store all refuse and garbage in containers and have a satisfactory garbage collection system. Construction Plans Submit plans to Minister 27

(1) Before constructing, altering, renovating, or reconstructing an accommodation, a manager must submit the construction plans and specifications for the work to be performed to the Minister for approval.

(2) A manager must submit any modification to a construction plan approved under subsection (1) for approval in the same manner as the original construction plan. Plan for a roofed accommodation 28 A construction plan submitted by a manager of a roofed accommodation must be drawn to a scale of not less than 2.5 cm to 4.9 m and show (

a) the boundaries; (

b) the location of any (

i) buildings, (ii) driveways, (iii) landscaping, (iv) water or wooded areas, (

v) wells and sewage disposal systems; (

c) the size of rental units , bathrooms and windows; and

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d) the furniture layout for each rental unit. Plan for camping establishment 29

(1) A construction plan submitted by a manager of a camping establishment must be drawn to a scale of not less than 2.5 cm to 15.2 m and show (

a) the location of the camping establishment in relation to the nearest controlled access highway; (

b) the location of any roads near the site; (

c) the location and size of the indivi dual campsites, numbered for identification; (

d) the location of the water system and outlets; and (

e) the location and type of the sewage system.

(2) A plan for a camping establishment must include a separate plan of the service buildings, including washroom facilities, drawn to a scale of not less than 2.5 cm to 15.2 m. Roofed Accommodations Construction requirements of rental unit 30 A manager of a roofed accommodation must ensure that each rental unit (

a) is fully enclosed with walls r eaching from the floor to the ceiling; (

b) has a hinged entry door or patio doors; (

c) has at least (i) 1 door lock and an additional security lock ing device that enables the door to be locked from the outside and inside on each entry door, including a patio door, or (ii) for roofed accommodations existing at the time these regulations come into force, a locking device to ensure privacy; (

d) has each bedroom door equipped with a locking device that enables the door to be locked from the inside to ensure privacy; (

e) if there are doorways connecting rental units, ha s 1 hinged door, with a door lock that enables the door to be locked from the inside, on each side of the door jamb; (

f) has a window or windows with a minimu m glass area of 10% of the floor area; (

g) has (

i) a screened window or screened door that opens to the outside or a ventilating device opening to the outside, that is capable of providing a minimum ventilation area of 5% of the floor area, or (ii) a mechanical device to ensure ventilation e quivalent to that specified in subclause (i); (

h) has a light switch immediately inside the entry door and a light switch accessible from the bed; (

i) is equipped so that it can sustain a temperat ure of 21º C (70º

F) when it is occupied. Bathrooms 31 A manager of a roofed accommodation must ensure that a bathroom

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a) does not obstruct the entrance or exit of any rental unit; (

b) does not require a guest of a rental unit to pass through a common living area or kitchen to get to the bathroom; (

c) has doors that are tightly fitted and have a locking device that enables the door to be locked from inside the bathroom to ensure privacy; (

d) has hot and cold running water ta ps for each sink, bathtub and shower; (

e) has a window with a minimum glass area of 0.4 m² opening to the outside with a ventilation area of not less than 0.2 m², or a mechanical device to ensure the equivalent ventilation; and (

f) has a ground fault interrupter outlet. Shared bathrooms 32

(1) A manager of a roofed accommodation must ensure that a shared bathroom (

a) is situated on the same floor as the rental units of the guests who are assigned to it; (

b) contains at least (i) 1 flush toilet, (ii) 1 bathtub or shower, and (iii) unless there is a sink in each guest bedroom, 1 sink, for every 6 people who are to use it, including the manager and their family members.

(2) If a shared bathroom has entry doors from more than one rental unit, a manager of a roofed accommodation must ensure that the entry doors have a tightly-fitted, solid-core opening from each rental unit to the bathroom, and each door has a locking device that enables the door to be locked from inside the bathroom to ensure privacy. Privacy partitions in bathrooms 33 If a roofed accommodation has a bathroom that has more than 1 toilet, bathtub or shower, a manager must ensure that there are privacy partitions between toilets, bathtubs and showers. Unit where manager resides 34 If a manager resides at a roofed accommodation, the manager’s unit must comply with

Section 30 and the bathroom in the unit must comply with

Section 31 or, if the manager uses a shared bathroom,

Section 32. Public washroom 35 A manager of a roofed accommodation must ensure that a washroom accessible to the public has (

a) at least 1 flush toilet; (

b) privacy partitions between toilets with stall doors that each have a locking device that enables the door to be locked from inside the stall; (

c) at least 1 sink; (

d) hot and cold running water taps for each sink; (

e) single service towel dispensers or hot air dryers; (

f) a ground fault interrupter outlet, if an outlet is provided; (

g) a window with a minimum glass area of 0.4 m² opening to the outside with a ventilation area of not less than 0.2 m², or a mechanical ventilating device that ensures the equivalent ventilation.

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Part II - Regulations Vol. 27, No. 23 690 © NS Registry of Regulations. Web version. Minimum ceiling height 36

(1) For a roofed accommodation constructed after these regulations come into force, a manager must ensure that all rooms within a rental unit have a minimum ceiling height of 2.4 m, except for a sloping ceiling, which must have a minimum height of 2.1 m at its lowest point.

(2) For a roofed accommodation existing at the time these regulations come into force, a manager must ensure that all rooms within a rental unit have a minimum ceiling height of 2.3 m, except for a sloping ceiling, which must have a minimum height of 1.5 m at its lowest point.

(3) If a sloping ceiling in a roofed accommodation referred to in subsection (2) is less than 1.5 m high, the measurement for minimum areas is taken from the point where the sloping ceiling is at least 1.5 m in height. Minimum distance between rental units 37 A manager of a roofed accommodation must ensure that there is a minimum distance of 5.5 m between separate buildings containing rental units, measured from the furthest exterior protrusion from one building to the closest exterior protrusion on the next building. Minimum sleeping area 38

(1) A manager of a roofed accommodation must ensure that the minimum area of a rental unit, exclusive of bathroom, closet, kitchen and living room areas, is as set out in the following table: Bed(

s) in Rental Unit Minimum Area 1 single (99 cm) bed 7.4 m² 1 double (137 cm) bed or 1 set of single (99 cm) bunk beds 9.3 m² 1 queen (152 cm) bed or 2 single (99 cm) beds 11.1 m² 1 king (198 cm) bed 12.5 m² 2 double (137 cm) beds 14.9 m²

(2) For each additional bed in a rental unit, a manager of a roofed accommodation must ensure that a minimum of 2.8 m² is added to the minimum areas required by subsection (1). Minimum area of living room 39 A manager of a roofed accommodation must ensure that a living room in a roofed accommodation has a minimum area of 9.3 m². Minimum area of bathrooms 40

(1) A manager of a roofed accommodation must ensure that a bathroom with a sink, toilet, bathtub and shower has a minimum area of 3.3 m².

(2) A manager of a roofed accommodation must ensure that a bathroom with a sink, toilet and shower has a minimum area of 3.0 m². Clearance around beds 41

(1) A manager of a roofed accommodation must ensure that each bed in a roofed accommodation, other than a single (99 cm) bed, has at least 61 cm clearance on at least 3 sides.

(2) A manager of a roofed accommodation must ensure that a single (99 cm) bed in a rental unit has the clearance specified in subsection (1) on at least 2 sides. Bunk beds 42 A manager of a roofed accommodation must ensure that bunk beds in a rental unit have (

a) a secured safety ladder that reaches from the floor to the top bunk; and

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b) at least 0.9 m clearance between the top bunk and the ceiling and the top bunk and the bottom bunk. Equipment in rental unit 43

(1) A manager of a roofed accommodation must ensure that each rental unit is equipped with (

a) a shaded light that can be turned on or off from the bed; (b) 1 bed, consisting of a box spring and mattre ss or similar, and a headboard, together with (

i) pillows with pillow protectors and cases, (ii) a mattress pad, (iii) an under sheet, (iv) a top sheet, (v) 1 blanket or other adequate covering, (vi) a bedspread, (vii) 1 extra blanket, and (viii) 1 extra pillow; (

c) a bedside table, or equivalent, at each bed; (

d) a table or desk and a clothes dre sser, or a combination dresser desk; (

e) a chair; (

f) a non-slip scatter rug on each side of a bed, if the floors are not carpeted; (

g) a closet or device suitable for hanging cl othes, with a minimum of 8 coat hangers; (

h) a covering for each window, capable of giving privacy to guests; (

i) a wastebasket; (

j) a receptacle to be used as an ashtray, even in a non-smoking rental unit; (

k) a drinking utensil for each guest; (

l) a radio and alarm cloc k or a clock radio; and (

m) a luggage rack or bench.

(2) A manager of a roofed accommodation must ensure that each bathroom is equipped with (

a) a mirror with a good reflecting surface area of not less than 30.5 cm by 45.7 cm; (

b) a lighting fixture equipped with a minimum 100-watt bulb, or equivalent, located near the mirror; (

c) a shelf or equivalent flat surface, with an ar ea of not less than 0.04 m², installed near the sink; (

d) a device for holding towels; (

e) a clothes hook; (

f) a soap dish or recess located near the sink, and in the tub or shower; (

g) a shower door or shower cu rtain, if there is a shower; (

h) a wastebasket; (

i) at least 1 hand towel, 1 bath towel and 1 face cloth for each guest; (

j) a bath mat; (

k) a roll of toilet tissue on a dispensing device, plus an extra roll; (

l) individual packages of soap or an adequate suppl y of liquid soap in a dispenser at the sink and

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(3) A manager of a roofed accommodation must ensure that each washroom accessible to the public is equipped with (

a) a coat hook on each stall door; (

b) a roll of toilet tissue on a dispen sing device, plus an extra roll; (

c) single service towels, if a single service towel dispenser is provided; (

d) liquid soap in a dispenser; (

e) a wastebasket with a lid; and (

f) a mirror with a good reflecting surface area of not less than 30.5 cm by 45.7 cm. Clean supplies for guest 44

(1) A manager of a roofed accommodation must supply clean bed linen (

a) for every new guest; and (

b) at least twice a week for guests who are visiting for periods of more than 1 night, unless otherwise requested by the guest.

(2) A manager of a roofed accommodation must supply clean towels and bath mats each day a guest occupies the rental unit unless there is a re-use and recycling program in effect at the accommodation.

(3) If there is a re-use and recycling program in effect at an accommodation, the manager must post a notice of it in each rental unit and must supply clean towels and bath mats at least every 2 days, unless otherwise requested by a guest. Bathrooms assigned to rental units 45 A manager of a roofed accommodation must assign a bathroom for each rental unit. Identifier for each bathroom or washroom 46 A manager of a roofed accommodation must ensure that a shared bathroom or a public washroom is identified by a symbol attached to the outside of the bathroom or washroom door. Lighting and emergency lighting 47 A manager of a roofed accommodation must (

a) keep all stairways, halls, and exits well lit and unobstructed; and (

b) have auxiliary lighting, or make flashlights av ailable to be supplied to guests in case of power failure. Camping Establishments Minimum area for campsites 48 A manager of a camping establishment must ensure that every campsite (

a) existing at the time these regulations come into force has a minimum area of 111.5 m² with a road frontage of not less than 6.1 m; and (

b) established after these regulations come into force, (

i) when used for tenting, has a minimum area of 111.5 m² with a road frontage of not less than 6.1 m, and

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Part II - Regulations Vol. 27, No. 23 © NS Registry of Regulations. Web version. 693 (ii) when used other than for tenting, has a minimum area of 223 m² with a road frontage of not less than 12.2 m. Minimum number of washroom facilities 49 A manager of a camping establishment must provide a minimum of (a) 1 non-flush toilet for each gender for every 20 unserviced campsites, or part thereof; (b) 1 flush toilet, 1 basin, and 1 shower for each gender for every 20 partially serviced campsites, or part thereof; and (c) 1 flush toilet, 1 basin and 1 shower for each gender for all fully serviced campsites. Washroom facility construction requirements 50

(1) A manager of a camping establishment must ensure that, except for a non-flush toilet building, a washroom facility in a camping establishment is located in a weatherproof building that (

a) is located not less than 12.2 m and not more than 122 m from a campsite; (

b) has at least 1 flush toilet; (

c) has privacy partitions between toilets, with stall doors that each have a locking device that enables the door to be locked from inside the stall; (

d) has at least 1 sink; (

e) has hot and cold running water taps for each sink; (

f) has screened doors or windows or is mechanically ventilated; (

g) has at each sink a mirror with a good reflec ting surface area of not less than 30.5 cm in width and 45.7 cm in height; (

h) has lighting fixtures equipped with a minimu m of 100-watt bulbs, or equivalent, located near the mirror; (

i) has a ground fault interrupter outlet, if an outlet is provided; (

j) has floors and walls made of water-impervious material with floors sloping to a drain; and (

k) has areas within the shower stalls for individual dressing compartments.

(2) A manager of a camping establishment must ensure that an individual dressing compartment is provided in a shower stall and that the compartment (

a) is not less than 0.8 m by 1.2 m in floor area; (

b) is designed to ensure privacy; (

c) is protected from the shower area by a waterproof partition or shower curtain; (

d) contains a bench seat; and (

e) has at least 3 clothes hooks. Washroom facility equipment requirements 51 A manager of a camping establishment must ensure that each washroom facility, except for a non-flush toilet building, is equipped with

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a) a functioning locking device on each stall door; (

b) a coat hook on each stall door; (

c) hot and cold running water for each sink; (

d) a sufficient supply of toilet tissue with a toilet tissue dispensing device; (

e) liquid soap in a dispenser at every 2 sinks, at least; (

f) a wastebasket with lid; and (

g) a sign indicating gender on the outside of the facility. Non-flush toilet buildings 52 A manager of a camping establishment must ensure that a non-flush toilet building (

a) is not located within 30.5 m of any wa ter source, picnic table or campsite; (

b) has self-closing doors; (

c) has a locking device on the door that enables th e door to be locked from the inside to ensure privacy; (

d) is painted inside and out; (

e) is ventilated and screened; (

f) has a wastebasket with lid; (

g) a toilet tissue dispensing device with a sufficient supply of toilet tissue; and (

h) has a mirror with a good reflecting surface area of not less than 12.7 cm by 17.8 cm. Water supply 53 A manager of a camping establishment must ensure that the camping establishment has a water supply that complies with

Section 13 and is available within 45.7 m of each campsite, excluding a wilderness camping area where approved bottled water may be provided. Tables at campsites 54

(1) A manager of a camping establishment, excluding a wilderness camping area, must ensure that there is a table at each campsite and must maintain it in good condition.

(2) Despite subsection (1), at a campsite that is rented by the month or season, a manager of a camping establishment is required to provide a table only at the request of a guest. Dumping station 55 A manager of a camping establishment must ensure that a dumping station (

a) is not located within 30.5 m of a campsite, water supply or service building; (

b) has water and a hose available for cleaning purposes; and (

c) is clearly indicated by a sign. Wilderness camping area 56 For the purpose of these regulations, in order for a camping area to qualify as a wilderness camping area, the camping area must (

a) not be accessible by regular transportation means; (

b) be designed for tents and camping cabins only; (

c) have a level area designated for the placement of a tent or a camping cabin; and

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d) have toilets provided at the camping esta blishment in accordance with Sections 49 and 52. Special Event Camping Area Licences Application for special event camping area licence 57

(1) A special event camping area licence may be issued for a period of no more than 5 days to any person or association if (

a) the person or association files an application with the Minister and pays the fee prescribed in

Schedule “A”; (

b) the application is received no later than 30 days before the event for which the licence is sought; (

c) the application identifies the specific special event camping area to which the licence is to apply; (

d) a total of no more than 3 special event campi ng area licences have been issued within the previous 12 months to the applicant or for the area to which the licence applies; and (

e) the consent of the owner or occupier is filed with the Minister if the area to which the licence is to apply is owned or occupied by someone other than the person or association applying.

(2) An applicant is deemed to be the manager of the special event camping area. Inspection of area by accommodations officer 58 A holder of a special event camping area licence and an owner or occupier of an area to which a licence applies, must permit the area to be inspected by an accommodations officer at all reasonable times. Revocation of special event camping area licence 59 If any restriction attached to a special event camping area licence is not observed, or if a violation of the Act or any regulations under the Act takes place on or near the area to which the licence applies, the special event camping area licence is automatically revoked. Toilet facilities 60

(1) A manager of a special event camping area must ensure that a toilet facility at a special event camping area (

a) despite

Section 49, is provided for every 30 campsites or part thereof; (

b) has at least 1 toilet; (

c) despite

Section 50, has a minimum of 1 approv ed hand washing system in close proximity to each toilet facility; (

d) has a roll of toilet tissue on a dispen sing device, plus an extra roll; and (

e) must be available on a 24-hour basis.

(2) For the purpose of clause (1)(a), a self-contained recreational vehicle that has an onboard water supply and toilet may be subtracted from the total number of campsites. Access road 61 A manager of a special event camping area must ensure that a minimum width of 6.1 m is provided for an access road between every 2 rows of campsites. Garbage 62

(1) A manager of a special event camping area must ensure that there is 1 garbage container for every 20 campsites at a special event camping area, and each garbage container must be within 45.7 m of any campsite.

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(2) A manager of a special event camping area must ensure that there is a garbage collection system approved by the Minister in place at the special event camping area. Camping Cabins Construction requirements 63 A manager of a camping establishment must ensure that a camping cabin has (

a) a hinged door complete with a locking device or devices that enable the door to be locked from the inside and the outside; (

b) a window or windows that provide a mini mum glass area of 10% of the floor area; (

c) a screened window or screened door that opens to the outside and that is capable of providing a minimum ventilation area of 5% of the floor area, or a mechanical device to ensure the equivalent ventilation; and (

d) a minimum 1.5 m roof overhang over the full length of the wall in which the entry door is located. Minimum area 64

(1) A manager of a camping establishment must ensure that a camping cabin has a minimum interior area as set out in the following table Bed(

s) in Camping Cabin Minimum Area 1 double (137 cm) bed or 1 single (99 cm) bunk bed 9.3 m² 1 double (137 cm) and 1 single (99 cm) bed 12.1 m² 2 sets of single (99 cm) bunk beds 13.9 m²

(2) For each additional bed in a camping cabin, a manager of a camping establishment must ensure that 2.8 m² is added to the minimum areas required in subsection (1). Equipment requirements 65 A manager of a camping establishment must ensure that a camping cabin is equipped with (

a) mattresses and mattress pads to accommodate the number of guests; (

b) a minimum of 4 clothes hooks; (

c) a covering for each window, capable of ensuri ng privacy and substantially screening outside light; (

d) a picnic table or similar table located on the campsite; (

e) a dust pan and broom; (

f) a wastebasket with lid; (

g) a mirror with a good reflecting surface area of not less than 30 cm in width and 45.7 cm in height. Rented Recreational Vehicles Equipment requirements 66 A manager of a camping establishment must ensure that a recreational vehicle rented to guests in a camping establishment is equipped with (

a) an exterior door with a locking device that en ables the door to be locked from the outside and inside;

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b) windows, equipped with screens, capable of being opened for cross-ventilation; (

c) a dust pan and broom; (

d) a wastebasket with lid; (

e) a window covering for each window, capable of ensuring privacy and substantially screening outside light; (

f) a mirror with a good reflective surface area of not less than 20.3 cm by 25.4 cm; (g) 4 clothes hooks or 1 closet with a minimum of 4 hangers; (

h) a table and seating to accommodate the number of guests; (

i) sleeping areas with mattresses and mattress pads to accommodate the number of guests.

Schedule A - Licence Fees Roofed accommodations 1 The fee for a roofed accommodation licence is based on the number of rental units in the accommodation, and is as set out in the following table: Number of rental units Fee 1-2 $75.00 3-4 $100.00 5-10 $150.00 11-20 $200.00 21-50 $250.00 51-100 $300.00 101-150 $400.00 151-200 $500.00 201-250 $600.00 251-300 $700.00 300 + $800.00 Camping establishment 2 The fee for a camping establishment licence is based on the number of campsites, including fully-serviced, partially-serviced, and unserviced campsites, and campsites with camping cabins or rented recreational vehicle camping units, and is as set out in the following table: Number of campsites Fee 1 - 50 $75.00 51-75 $100.00 76-100 $125.00 101 + $150.00 Special event camping area 3 The fee for a special event camping area licence is $150.00.

N.S. Reg. 186/2003- 187/2003 Royal Gazette

Part II - Regulations Vol. 27, No. 23 698 © NS Registry of Regulations. Web version. N.S. Reg. 186/2003 Made: September 25, 2003 Filed: November 7, 2003 Species-at-Risk List Regulations Order dated September 25, 2003 made by the Species-at-Risk Working Group pursuant to Sections 10 and 12 of the Endangered Species Act The Species-at-Risk Working Group, pursuant to Sections 10 and 12 of

Chapter 11 of the Acts of 1998, the Endangered Species Act, on 25 September, 2003, Hereby lists by category species at risk in the Province of Nova Scotia, which are in addition to those listed in the Species-at-Risk List Regulations made by Order dated June 5, 2000, in N.S. Reg. 102/2000 and 14 June 2001 in N.S. Reg. 82/2001 and N.S. Reg. 119/2002: Moose Alces alces Endangered Boreal Felt Lichen Erioderma pedicellatum Endangered Tubercled Spikerush Eleocharis tuberculosa Threatened Eastern Ribbonsnake Thamnophis sauritus Threatened Sgd: J. Sherman Boates Kentville, Nova Scotia Dr. J.

Sherman Boates 14 October 2003 N.S. Reg. 187/2003 Made: November 4, 2003 Filed: November 10, 2003 Ministerial Education Act Regulations Order dated November 4, 2003 Amendment to regulations made by the Minister of Education pursuant to

Section 145 of the Education Act In the matter of

Section 145 of

Chapter 1 of the Acts of 1995-96, the Education Act - and - In the matter of the Ministerial Education Act Regulations made by the Minister of Education pursuant to

Section 145 of the Education Act Order I, Jamie Muir, Minister of Education for the Province of Nova Scotia, pursuant to

Section 145 of

Chapter 1 of the Acts of 1995-96, the Education Act, hereby amend the Ministerial Education Act Regulations made by the Minister of Education on June 24, 1997, by adding the following

Section immediately after

Section 69: Provincial conflict of interest policy 70

(1) In this Section, (a) “conflict of interest” means any situation in which a school board staff person, either on their own behalf or on behalf of another person, attempts to promote a private or personal interest in a manner that results in (

i) interference with the objective exercise of the staff person’s school board duties, or

N.S. Reg. 187/2003 Royal Gazette

Part II - Regulations Vol. 27, No. 23 © NS Registry of Regulations. Web version. 699 (ii) a gain or advantage to the staff person or other person by virtue of the staff person’s position with the school board; (b) “Provincial conflict of interest policy” means this Section; (c) “school board conflict of interest policy” means a conflict of interest policy established by a school board for their staff; (d) “staff” or “staff person” means st aff or a staff person of a school board.

(2) The superintendent, director of education and chief executive officer of each school board must promote and ensure compliance with the school board’s conflict of interest policy, and are responsible for (

a) administering the policy with respect to thei r staff, other than the superintendent and the director of education; (

b) ensuring that staff are informed of the requirements of the policy; (

c) determining whether a conflict of interest exis ts in cases where a staff person and the person’s supervisor disagree, and what actions, if any, are to be taken; and (

d) establishing procedures for staff to report a conflict of interest to their supervisors.

(3) A school board must prepare information and educational materials for staff about the school board conflict of interest policy and arrange for the communication of it to staff.

(4) A school board must provide each staff person with a copy of the school board conflict of interest policy.

(5) A disagreement about compliance with a school board conflict of interest policy (

a) between a staff person and the staff person’s supervisor must be referred to the superintendent, chief executive officer or director of education; and (

b) between a superintendent or director of education and a school board must be referred to the Deputy Minister of Education or the Deputy Minister’s designate.

(6) A staff person who does not comply with a school board conflict of interest policy may be disciplined.

(7) A school board conflict of interest policy must be based on the principles that a staff person should (

a) perform their duties and functions impartia lly, responsibly, diligently, efficiently and with integrity; (

b) arrange their private interests in a manner that will prevent a conflict of interest, with any doubt in this respect to be resolved in favour of the public interest; (

c) not solicit or accept directly or indirectly a fee, gift or benefit from a person or an organization that has dealings with the school board or, when the Department of Education is acting as agent for the school board or on behalf of the school board, with the Department of Education; (

d) benefit from school board and school board-relat ed programs, services or initiatives only to the extent that a member of the public benefits from them; (

e) benefit from information that is obtained in c ourse of employment only to the extent that a member of the public may benefit from it;

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f) not benefit from, use or permit the use of school board property, including leased property, or services, other than in the course of the performance of official duties and functions, and otherwise only to the extent that a member of the public may use or benefit from the property or services; (

g) in the course of the performance of official du ties and functions involving the public, assist all members of the public fairly and reasonably; (

h) maintain appropriate confidences; (

i) observe all laws and rules; (

j) not use their position, office or school board affiliation or school board information or property to pursue personal interests; (

k) act in a manner that will bear the closest public scrutiny, an obligation that is not fully discharged by simply acting within the law; (

l) take care to avoid being placed, or appearing to be placed, under any obligation to any person or organization that might profit from special consideration by the employee, and not accord preferential treatment in relation to any official matter to any person or organization in which the employee, family members or friends have an interest; and (

m) if the staff person’s spouse, partner or depende nt child has a contract or agreement with the school board that has not been awarded by open public tender, disclose information about the contract or agreement to the superintendent, director of education or chief executive officer or, if the staff person is a superintendent or director of education, to the school board.

(8) A school board conflict of interest policy must (

a) be consistent with the Provincial conflict of interest policy as set out in this Section; (

b) include a statement setting out the purpose of th e policy and explaining that the policy sets out general principles and is not intended to set out every possible situation that may raise a conflict of interest; (

c) include a statement of policy objectives, incl uding the objective to ensure that staff avoid conflicts of interest and act in the public interest at all times while discharging official duties and functions; (

d) include the definition of “conflict of interest” set out in clause (1)(a); (

e) include a statement that the policy applies to all staff; (

f) outline policy directives, including (

i) a statement of principles consistent w ith the principles set out in subsection (7), (ii) the criteria, including legality, fairness a nd defensibility, to be used for resolving cases where it is uncertain that a conflict of interest exists, (iii) a list of the types of employment and othe r activities that are not permitted to be carried on by a staff person outside employment with the school board and a requirement that the staff person make a confidential report regarding any outside employment or activities to their supervisor, (iv) how staff can receive notice of the policy,

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v) how a staff person can get clarificati on or

interpretation of the policy, and (vi) how the educational material on the polic y prepared by the school board in accordance with subsection (3) is to be communicated; (

g) explain the accountability of (

i) staff, and (ii) the superintendent, Chief Executive Officer and director of education, in accordance with subsection (2); (

h) set out the procedures for administerin g the policy as required by subsection (2); (

i) include a statement of the confidentia lity requirement set out in subsection (9); (

j) explain the procedure for resolving disagr eements about compliance with the policy, in accordance with the requirements of subsection (5); and (

k) explain the consequences of failing to comply with the policy.

(9) Any information concerning a private interest of a staff person that is provided to a supervisor must be kept confidential, except as required by law. Dated and made at Halifax, Nova Scotia, November 4, 2003. Sgd: Jamie Muir Honourable Jamie Muir Minister of Education N.S. Reg. 188/2003 Made: November 7, 2003 Filed: November 10, 2003 Ministerial Education Act Regulations Order dated November 7, 2003 Amendment to regulations made by the Minister of Education pursuant to

Section 145 of the Education Act In the matter of

Section 145 of

Chapter 1 of the Acts of 1995-96, the Education Act - and - In the matter of the Ministerial Education Act Regulations made by the Minister of Education pursuant to

Section 145 of the Education Act Order I, Jamie Muir, Minister of Education for the Province of Nova Scotia, pursuant to

Section 145 of

Chapter 1 of the Acts of 1995-96, the Education Act, hereby amend the Ministerial Education Act Regulations made by the Minister of Education on June 24, 1997, by repealing subsections 24(1) and (2) and substituting the following subsections: 24

(1) The report required to be published by a school board pursuant to subsection 65(1) of the Act shall include a list showing, in alphabetical order, all members of the school board during the fiscal year

N.S. Reg. 188/2003 - 189/2003 Royal Gazette

Part II - Regulations Vol. 27, No. 23 702 © NS Registry of Regulations. Web version. included in the report, and (

a) all payments made by the school board to or on behalf of each member, including the total for each member, of all (

i) honoraria, stipends, allowances and any other remuneration, (ii) payments for expenses, including expenses related to travel, conferences, meetings and professional development seminars, and (iii) payments made to a third party on behalf of a member conferring a benefit on the member that is not conferred on other members; and (

b) the total of all payments made under each of subclauses (a)(i), (ii) and (iii).

(2) The report referred to in subsection (1) shall include a list showing, in alphabetical order, all employees of the school board during the fiscal year included in the report, under headings indicating their location by school, board office or other major site of operations of the board, and (

a) all payments made by the school board to or on behalf of each employee, including the total for each employee, of all (

i) salary, stipends, allowances and any other remuneration, (ii) payments for expenses, including expenses related to travel, conferences, meetings and professional development seminars, and (iii) payments made to a third party on behalf of an employee conferring a benefit on the employee that is not conferred on other employees; and (

b) the total of all payments made under each of subclauses (a)(i), (ii) and (iii). Dated and made at Halifax, Nova Scotia, November 7, 2003. Sgd: Jamie Muir Honourable Jamie Muir Minister of Education N.S. Reg. 189/2003 Made: November 14, 2003 Filed: November 17, 2003 Governor in Council Education Act Regulations Order in Council 2003-469 dated November 14, 2003 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 September 25, 2003, 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 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 and after November 14, 2003.

N.S. Reg. 189/2003 - 190/2003 Royal Gazette

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

Section 146 of

Chapter 1 of the Acts of 1995-96, the Education Act 1 Subsection 11(12) of the Governor in Council Education Act Regulations made by the Governor in Council by Order in Council 97-405 dated June 24, 1997, is amended by adding the following clauses immediately after clause (a): (aa) service as a substitute teacher; (ab) service by a person holding a teacher’s cer tificate and who is employed by a school board under a probationary, permanent or term contract pursuant to a collective agreement between the Minister and the Nova Scotia Teachers’ Union; 2

Section 11 of the regulations is amended by adding the following subsection immediately after subsection (12): (12A) For the purpose of computing the experience of a teacher in order to determine the salary applicable to the teacher only for the salary period commencing August 1, 2003, under the provisions of a collective agreement between the Minister and the Nova Scotia Teachers’ Union, service before and after August 1, 2003, as an instructor holding a teacher’s certificate in an adult high school in Nova Scotia that continuously offered a Nova Scotia High School Graduation Diploma or a Nova Scotia High School Graduation Diploma for Adults during the period of service, is considered service in the public schools.

N.S. Reg. 190/2003 Made: November 14, 2003 Filed: November 17, 2003 Crop Insurance Plan for Winter Grain Order in Council 2003-470 dated November 14, 2003 Amendment to regulations made by the Nova Scotia Crop and Livestock Insurance Commission and approved by the Governor in Council pursuant to

Section 6 of the Crop and Livestock Insurance Act The Governor in Council on the report and recommendation of the Minister of Agriculture and Fisheries dated October 16, 2003, and pursuant to

Section 6 of

Chapter 113 of the Revised Statutes of Nova Scotia, 1989, the Crop and Livestock Insurance Act, is pleased to approve, effective on and after November 14, 2003, the making by the Nova Scotia Crop and Livestock Insurance Commission, of amendments to the Crop Insurance Plan for Winter Grain approved by the Governor in Council by Order in Council 2002-487 dated November 1, 2002, in the manner set forth in

Schedule “A” attached to and forming part of the report and recommendation.

Schedule “A” I certify that at a meeting held on June 4, 2003, the Crop and Livestock Insurance Commission, pursuant to

Section 6 of

Chapter 113 of the Revised Statutes of Nova Scotia, 1989, the Crop and Livestock Insurance Act, passed motions to amend the Crop Insurance Plan for Winter Grain approved by the Governor in Council by Order in Council 2002-487 dated November 1, 2002, in the manner set forth in the attached. Crop and Livestock Insurance Commission Per: sgd: Gerald Post Gerald Post, Manager

N.S. Reg. 190/2003 - 191/2003 Royal Gazette

Part II - Regulations Vol. 27, No. 23 704 © NS Registry of Regulations. Web version. Dated and signed at Truro, Nova Scotia, September 24, 2003. Amendments to the Crop Insurance Plan for Winter Grain made pursuant to

Section 6 of

Chapter 113 of the Revised Statutes of Nova Scotia, 1989, the Crop and Livestock Insurance Act Subsection 25(3) of the Crop Insurance Plan for Winter Grain approved by the Governor in Council by Order in Council 2002-487 dated November 1, 2002, is repealed and the following subsection substituted:

(3) Where the Commission approves the abandonment of an insured crop on a damaged area pursuant to subsection (2), and the area is removed from production, (

a) the insurance for the year shall be deemed to be cancelled on the portion of the insured crop that is on the damaged area; and (

b) the amount of loss for the insured crop sha ll be calculated by multiplying the guaranteed production on the damaged area, less any potential production applied to the area, by the product of the established price and the applicable Stage 1 payout rate set out in the following table: Crop Rate as % of established price Milling wheat 50% Feed wheat 65% Fall rye 65% N.S. Reg. 191/2003 Made: November 14, 2003 Filed: November 17, 2003 Youth Justice Regulations Order in Council 2003-472 dated November 14, 2003 Regulations made by the Governor in Council pursuant to subsection 13(5A) and

Section 37 of the Youth Justice Act The Governor in Council on the report and recommendation of the Minister of Justice dated October 8, 2003, and pursuant to subsection 13(5A) and

Section 37 of

Chapter 38 of the Acts of 2001, the Youth Justice Act is pleased, effective on and after November 14, 2003, to (

a) delegate the powers of a judge of a youth justi ce court to a presiding justice of the peace who is selected pursuant to the regulations; and (

b) make regulations respecting presiding justices of the peace in the form set forth in

Schedule “A” attached to and forming part of the report and recommendation.

Schedule “A” Regulations Respecting Presiding Justices of the Peace made by the Governor in Council pursuant to

Section 37 of

Chapter 38 of the Acts of 2001, the Youth Justice Act Citation 1 These regulations may be cited as the Youth Justice Regulations.

N.S. Reg. 191/2003 - 192/2003 Royal Gazette

Part II - Regulations Vol. 27, No. 23 © NS Registry of Regulations. Web version. 705 Selection of presiding justices of the peace 2 The Chief Judge of the Provincial Court, the Chief Judge of the Family Court or the Chief Justice of the Supreme Court, as the case may be, may select a presiding justice of the peace, as defined in the Justice of the Peace Act, to exercise the powers of a judge of a youth justice court with respect to

summary matters under the Youth Justice Act. N.S. Reg. 192/2003 Made: November 14, 2003 Filed: November 17, 2003 Small Claims Court Residential Tenancies Appeal Regulations Order in Council 2003-473 dated November 14, 2003 Amendment to regulations made by the Governor in Council pursuant to

Section 33 of the Small Claims Court Act The Governor in Council on the report and recommendation of the Minister of Justice dated October 22, 2003, and pursuant to

Section 33 of

Chapter 430 of the Revised Statutes of Nova Scotia, 1989, the Small Claims Court Act, is pleased to amend the Small Claims Court Residential Tenancies Appeal Regulations made by the Governor in Council by Order in Council 2003-29 dated January 31, 2003, in the manner set forth in

Schedule “A” attached to and forming part of the report and recommendation, effective on and after November 14, 2003.

Schedule “A” Amendments to the Small Claims Court Residential Tenancies Appeal Regulations made by the Governor in Council pursuant to

Section 33 of

Chapter 430 of the Revised Statutes of Nova Scotia, 1989, the Small Claims Court Act 1

Section 4 of the Small Claims Court Residential Tenancies Appeal Regulations made by the Governor in Council by Order in Council 2003-29 dated January 31, 2003, is renumbered as subsection 4(1) and amended by adding “from an order of the Director of Residential Tenancies” immediately after “Notice of Appeal”. 2

Section 4 of the regulations is further amended by adding the following subsections immediately after subsection (1):

(2) Despite subsection (1), the clerk of the court must waive the appellant’s fee for filing a Notice of Appeal if the appellant meets the financial eligibility criteria set out in subsection (3) and completes and files with the clerk an application in Form C together with (

a) proof of the appellant’s income in the form of a current pay or income assistance or benefit stub, and a copy of the appellant’s most recent income tax return or most recent notice of assessment; or (

b) if the appellant is in receipt of no income, a letter signed by their medical doctor, priest or other official confirming that the appellant is in receipt of no income and is not surviving from any savings.

(3) An appellant meets the financial eligibility criteria required to have the filing fee waived under subsection (2) if the appellant’s monthly income is less than or equal to the amount that corresponds to the number of the appellant’s dependants as set out in the following table:

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Maximum Monthly Income per Number of Dependants One adult - $1067.00 Two adults - $1424.00 and 1 child - $1416.00 and 1 child - $1708.00 and 2 children - $1700.00 and 2 children - $1932.00 and 3 children - $1924.00 and 3 children - $2156.00 and 4 children - $2148.00 and 4 children - $2380.00 and 5 children - $2372.00 and 5 children - $2604.00 and 6 children - $2596.00 and 6 children - $2828.00 and 7 children - $2820.00 and 7 children - $3052.00 Form C Application for Waiver of Fee for Filing Notice of Appeal Please print in BLOCK LETTERS: Last name: Mailing address: Apt # City or town/province: Postal code Telephones: Home: Work Msg Given names: Date of birth: (mm/dd/yr) Age: 9 Male 9 Female 9 Employed 9 Unemployed 9 Unable to work 9 Student/training 9 Not married 9 Married 9 Common law 9 Separated 9 Divorced 9 Widowed I APPLY TO HAVE THE FOLLOWING FEE FOR NOTICE OF APPEAL WAIVED: HUSBAND OR WIFE (INCLUDING COMMON LAW) Name: Address: Telephone: DEPENDANTS (SPOUSE, CHILD, OTHER PERSON SUPPORTED BY APPLICANT): Total Living with client Living apart Name Relationship Birth date (mm/dd/yr) 1. 2. 3. 4. 5. 6.

Do you receive social or other municipal assistance 9 Yes 9 No Person who can verify Name: financial information Address: Telephone: GROSS MONTHLY INCOME Salary (wages + tips) Unemployment ins.

Social assistance Old age assistance Pension Spouse’s income (including common law) Maintenance received Specify other income Gross monthly income Less maintenance you pay per month Monthly income IMPORTANT: This application will not be processed unless you attach one of the following supporting documents: • a copy of your pay stub • a copy of your benefit stub • a letter from a doctor, priest or other official stating that you have no income • a copy of your most recent income tax return or notice of assessment

N.S. Reg. 192/2003 - 193/2003 Royal Gazette

Part II - Regulations Vol. 27, No. 23 © NS Registry of Regulations. Web version. 707 Applicant declares: I state that the above information is true and complete. I consent to have this information investigated for verification and will notify court administration of any change. Signature of the applicant Date 9 Approved 9 Denied By: Date: N.S. Reg. 193/2003 Made: November 29, 2002 Filed: November 18, 2003 Practice of Pharmacy Regulations Order dated November 29, 2002 Regulations made by the Council of the Nova Scotia College of Pharmacists pursuant to

Section 77 of the Pharmacy Act I CERTIFY that the Council of the Nova Scotia College of Pharmacists, at its meeting on November 29th, 2002, carried a motion to make regulations respecting the practice of pharmacy pursuant to S. 77(1) of

Chapter 36 of the Acts of 2001, the Pharmacy Act, in the form attached to be effective September 1, 2003. SIGNED at Halifax, in the Halifax Regional Municipality, Nova Scotia, on August 29th, 2003. Nova Scotia College of Pharmacists Per: sgd: Susan M. Wedlake Susan M. Wedlake, Registrar Regulations Respecting the Practice of Pharmacy made by the Council of the Nova Scotia College of Pharmacists pursuant to

Section 77 of

Chapter 36 of the Acts of 2001, the Pharmacy Act

Definitions D1 In the Pharmacy Act and these regulations, (a) “accredited university program in pharmacy” means a university program in pharmacy accredited pursuant to clause 13(5)(

a) of the Pharmacy Act or these regulations; (b) “compound” means to cause drugs to be mixed, prepared, altered in form, mixed with non-medicinal ingredients and otherwise changed from the manufactured form; (c) “graduate intern” means an intern who has never been licensed to practise pharmacy; (d) “ Qualifications and Professional Accountability Regulations” mean the Qualifications and Professional Accountability Regulations made by the Council pursuant to subsection 80(1) of the Pharmacy Act as approved by the Governor in Council; (e) “qualifying intern” means an intern who is or has been licensed to practise pharmacy in another jurisdiction, or who has been licensed to practise pharmacy in Nova Scotia, but who is not currently licensed to practise pharmacy in Nova Scotia; (f) “structured practice experience” means a course of guided practical experience approved by Council

N.S. Reg. 193/2003 Royal Gazette

Part II - Regulations Vol. 27, No. 23 708 © NS Registry of Regulations. Web version. under the guidance of a preceptor in a direct patient care setting in a licensed pharmacy or hospital pharmacy, or other institution approved by the Council; (g) “unstructured practice experience” means practi cal experience under the guidance of a preceptor in a direct patient care setting in a licensed pharmacy or hospital pharmacy, or other institution approved by the Council.

Part 1 - Membership, Qualifications and Licensing Members 1.1

(1) Members of the College are pharmacists, certified dispensers, registered students and interns.

(2) Pharmacists may be classified as (

a) practising direct patient care; (

b) practising indirect patient care; or (

c) non-practising.

(3) A pharmacist who is not registered to practice [practise] direct patient care may be referred to as a pharmacist and may use the designation Ph. C., Reg. Pharm. or similar designation, but shall not dispense drugs or practice direct patient care pharmacy.

(4) A pharmacist in good standing leaving the practice of direct patient care pharmacy may request that the Registrar change the pharmacist’s membership classification to “practising indirect patient care”.

(5) A pharmacist in good standing leaving the practice of pharmacy shall request that the Registrar either change the pharmacist’s membership to non-practising or permit the pharmacist to retire from membership. Graduate interns - qualifying requirements 1.2

(1) The Qualifications and Professional Accountability Regulations require a qualifying intern to successfully complete the requirements of clauses 13(5)(b), (c), (

d) and (

e) of the Pharmacy Act.

(2) For the purposes of successfully completing the requirements of clause 13(5)(

b) of the Pharmacy Act, it is sufficient to have successfully completed English language proficiency assessment at a level consistent with language fluency requirements for licensure as a pharmacist in Canada, as approved by the Council.

(3) For the purposes of successfully completing the requirements of clause 13(5)(

c) of the Pharmacy Act, it is sufficient to have successfully completed the examination in jurisprudence approved by the Council based on pharmacy jurisprudence competencies for licensure as a pharmacist in Canada, with specific reference to Nova Scotia.

(4) For the purposes of successfully completing the requirements of clause 13(5)(

d) of the Pharmacy Act, it is sufficient to have successfully completed a structured practice experience program approved by the Council consistent with the most recent framework for assessing Canadian pharmacists’ competencies at entry-to-practice through structured practical training programs as prescribed in these regulations.

(5) For the purposes of successfully completing the requirements of clause 13(5)(

e) of the Pharmacy Act, it is sufficient to have successfully completed a licensing examination based on the required professional competencies for Canadian pharmacists at entry-to-practice as approved by the Council. Mutual Recognition Agreement - registration of pharmacists 1.3

(1) The Qualifications and Professional Accountability Regulations require a pharmacist transferring to Nova Scotia from a jurisdiction that is a signatory to the “Mutual Recognition Agreement for the Profession of Pharmacy in Canada” to have successfully completed the requirement of clause 13(5)(

c) of the Pharmacy Act and to provide a letter of standing from the applicant’s regulatory authority.

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(2) For the purposes of successfully completing the requirements of clause 13(5)(

(3) A letter of standing from a regulatory authority in another jurisdiction shall (

a) confirm that the applicant was registered in that jurisdiction; (

b) set out the membership classification to wh ich the applicant belonged and specify any limits on the applicant’s right to practice pharmacy in that jurisdiction; (

c) include a complete list of all complaints , discipline matters, discipline proceedings and penalties, warnings and cautions with respect to the applicant; and (

d) confirm whether there are any outstanding co mplaints or other disciplinary matters with respect to the applicant that have not been resolved. Non-MRA registration of pharmacists 1.4

(1) The Qualifications and Professional Accountability Regulations require a pharmacist transferring to Nova Scotia from a jurisdiction that is not a signatory to the “Mutual Recognition Agreement for the Profession of Pharmacy in Canada” to have successfully completed the requirement of clause 13(5)(b), (c), (

d) and (

e) of the Pharmacy Act and to provide a letter of standing from the applicant’s regulatory authority.

(2) For the purposes of successfully completing the requirements of clause 13(5)(

(3) For the purposes of successfully completing the requirements of clause 13(5)(

(4) For the purposes of successfully completing the requirements of clause 13(5)(

(5) For the purposes of successfully completing the requirements of clause 13(5)(

(6) A letter of standing from a regulatory authority in another jurisdiction shall (

a) confirm that the applicant was registered in that jurisdiction; (

b) set out the membership classification to wh ich the applicant belonged and specify any limits on the applicant’s right to practice [practise] pharmacy in that jurisdiction; (

c) include a complete list of all complaints , discipline matters, discipline proceedings and penalties, warnings and cautions with respect to the applicant; and (

d) confirm whether there are any outstanding co mplaints or other disciplinary matters with respect to the applicant that have not been resolved.

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(1) The Qualifications and Professional Accountability Regulations require some pharmacists resuming practice to have successfully completed the requirement of clause 13(5)(

c) of the Pharmacy Act, and in some cases the requirement of clause 13(5)(

d) of the Pharmacy Act.

(2) For the purposes of successfully completing the requirements of clause 13(5)(

(3) For the purposes of successfully completing the requirements of clause 13(5)(

(1) The Qualifications and Professional Accountability Regulations require an applicant for registration as a qualifying intern to have successfully completed the requirements of clauses 13(5)(

b) and (

c) of the Pharmacy Act and to provide a letter of standing from the applicant’s regulatory authority.

(2) For the purposes of successfully completing the requirements of clause 13(5)(

(3) For the purposes of successfully completing the requirements of clause 13(5)(

(4) A letter of standing from a regulatory authority in another jurisdiction shall (

a) confirm that the applicant was registered in that jurisdiction; (

b) set out the membership classification to wh ich the applicant belonged and specify any limits on the applicant’s right to practice [practise] pharmacy in that jurisdiction; (

c) include a complete list of all complaints , discipline matters, discipline proceedings and penalties, warnings and cautions with respect to the applicant; and (

d) confirm whether there are any outstanding co mplaints or other disciplinary matters with respect to the applicant that have not been resolved. Application forms 1.7 The application forms required pursuant to the Pharmacy Act, the Qualifications and Professional Accountability Regulations or these regulations shall be those from time to time prescribed by the Registrar. Return to direct patient care 1.8 A pharmacist practising indirect patient care may change membership classification to direct patient care by filing a notice to that effect with the College. Required practice experience 1.9

(1) No period of less than four continuous weeks working an average of at least thirty hours a week may be included in the calculation of the unstructured practice experience required by these regulations.

(2) Except as hereinafter provided, no period of practice experience undertaken

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a) in the case of a registered student and an inte rn who was a registered student in Nova Scotia, before that person was registered as a registered student; (

b) in the case of a registered student and an inte rn who was a registered student in Nova Scotia, before the commencement of the second year of that person’s pharmacy program; (

c) in the case of a graduate intern who was not a registered student in Nova Scotia, before that person was registered as a graduate intern; and (

d) in the case of a qualifying intern, before that person was registered as a qualifying intern, shall be counted towards the completion of the requirements of these regulations.

(3) Practice experience shall have been completed not more than two years prior to registration as a pharmacist.

(4) Structured or unstructured practice experience in another jurisdiction may, with the approval of the Council, be applied towards the completion of the requirements of these regulations if the Council considers that the experience is substantially similar to that which would be obtained in Nova Scotia.

(5) The Council may approve structured and unstructured practice experience in another jurisdiction as meeting the requirements of these regulations in advance of the practice experience being undertaken where Council considers that the experience is substantially similar to that which would be obtained in Nova Scotia.

(6) The Council may waive some or all of the practice experience requirements for an intern who provides evidence of active direct patient care practice in another jurisdiction with similar required standards of pharmacy practice.

(7) A preceptor shall be a pharmacist licensed for and practising direct patient care who has been registered in Canada for at least one year, who has no limitations on practice, and whose right to be a preceptor has not been revoked or suspended.

(8) A preceptor shall at all times exercise the degree of personal supervision of an intern or registered student that, in the professional judgment of the preceptor, is required to ensure safe and effective patient care given the knowledge, skills and experience of the intern or registered student and the preceptor’s responsibilities pursuant to the Pharmacy Act.

(9) In the case of unstructured practice experience, the participant shall advise the College, before commencing the practice experience, of the pharmacy, hospital or other institution approved by the Council in which the practice experience will be undertaken and provide the consent of a preceptor.

(10) A participant shall notify the College immediately if there is any change in the location in which practice experience is being undertaken or in preceptor.

(11) Structured practice experience in excess of the minimum requirement shall be counted as unstructured practice experience.

(12) The preceptor shall certify to the College the time spent in the practice experience and whether the participant was satisfactory or unsatisfactory.

(13) Practice experience for which the participant has received an unsatisfactory rating shall not be counted towards the completion of the requirements of these regulations. Accredited university program 1.10

(1) In these regulations, an accredited university program in pharmacy includes, in addition to a university program accredited by the Canadian Council for Accreditation of Pharmacy Programs as

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a) a university program in pharmacy accredited by a body recognized as an accrediting agency by the Canadian Council for Accreditation of Pharmacy Programs; (

b) a university program in pharmacy determined by the Pharmacy Examining Board of Canada to be the equivalent of a Canadian Council for Accreditation of Pharmacy Programs accredited program; and (

c) a university program in pharmacy recognized pursuant to subsection (2).

(2) In the event a program does meet any of the requirements of subsection (1), if the Council determines that the program is the equivalent of a program accredited by the Canadian Council for Accreditation of Pharmacy Programs, the Council shall recognize the program for the purpose of these regulations.

(3) A university program in pharmacy accredited pursuant to this

Section or determined to have been the equivalent of an accredited program is deemed to have been determined by the Council to be the equivalent of an accredited program pursuant to clause 13(5)(

a) of the Pharmacy Act. Time limits 1.11

(1) A person who has graduated from an accredited university pharmacy program shall qualify for and obtain a licence as a pharmacist within two years after graduation.

(2) The Council may, on application, extend the period in subsection (1). Continuing competence 1.12 Proof of completion of the requirements of the Qualifications and Professional Accountability Regulations respecting continuing competency in the twelve months preceding November 30 in any year shall be provided to the Registrar before November 30, failing which the member is suspended as provided by the Pharmacy Act and shall not practise pharmacy until reinstated. Annual renewal 1.13

(1) A license [licence] to practice [practise] pharmacy in Nova Scotia expires December 31 in each year.

(2) To renew a licence to practice [practise] pharmacy in Nova Scotia, a pharmacist or certified dispenser shall (

a) complete and submit the application form provided by the Registrar; (

b) have completed the requirements for continuing competency prescribed by the Qualifications and Professional Accountability Regulations; (

c) be insured as required by the Qualifications and Professional Accountability Regulations; and (

d) pay the fee prescribed in

Schedule “A”.

(3) Where a pharmacist or certified dispenser does not submit a completed application to renew a licence before November 30 in any year, the pharmacist or certified dispenser is subject to the late payment fee prescribed in

Schedule “A”.

(4) Where a pharmacist or certified dispenser does not submit a completed application to renew a licence before December 31 in any year, the pharmacist or certified dispenser is suspended as provided by the Pharmacy Act and shall not practise pharmacy until reinstated. Accreditation of a new pharmacy 1.14

(1) Every person who proposes to open a new pharmacy or who proposes to acquire an existing

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(2) In exceptional circumstances the Registrar may authorize a shorter notice period.

(3) A pharmacy, in order to be accredited, shall comply with the requirements of the Pharmacy Act and the regulations.

(4) An application for accreditation shall include (

a) a diagram of the pharmacy as required pursuant to

Part 2 of these regulations; (

b) the name of the owner of the pharmacy and, where the owner is a body corporate, the names of the officers and directors of the body corporate; (

c) the name of the pharmacy manager; (

d) certification by the owner and the pharmacy manager that the pharmacy meets the requirements of the Pharmacy Act and the regulations; and (

e) the fee prescribed in

Schedule “A”.

(5) Upon accreditation, the College shall provide the pharmacy with a certificate of accreditation and a licence for the then-current year.

(6) A pharmacy licence shall be issued in the name of the manager of the pharmacy.

(7) In the event of a change in the manager of the pharmacy, the pharmacy shall obtain a replacement licence upon payment of the fee prescribed in

Schedule “A”. Renewal of a pharmacy licence 1.15

(1) A pharmacy licence expires December 31 in each year.

(2) A pharmacy licence is renewable on application to the College before the last day of November in the licence year.

(3) An application for renewal of a pharmacy licence shall include (

a) the name of the pharmacy manager; (

b) certification by the owner and the pharmacy manager that the pharmacy meets the requirements of the Pharmacy Act and the regulations; and (

c) the fee prescribed in

Schedule “A”.

(4) Where a completed application to renew a pharmacy licence is not submitted before November 30 in any year, the pharmacy is subject to the late payment fee prescribed in

Schedule “A”.

(5) Where a completed application to renew a pharmacy licence is not submitted before December 31 in any year, the pharmacy is suspended as provided by the Pharmacy Act. Document replacement 1.16

(1) A pharmacist requiring replacement of a certificate of registration or licence for any of the following reasons: (

a) loss or destruction of original; (

b) legal change of name; or (

c) change of name to married name,

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Schedule “A”.

(2) A pharmacy requiring replacement of its licence or certificate of accreditation for any of the following reasons: (

a) change of manager; (

b) change of operating name; (

c) change of corporate name; (

d) change of location; or (

e) loss or destruction of the original, may, on request, obtain a replacement copy from the Registrar upon payment of the fee specified in

Schedule “A”. Fees 1.17 The fees set out in

Schedule “A” are the fees payable in the circumstances indicated in the Schedule.

Part 2 - Professional Responsibility in Community Pharmacy Responsibilities of the pharmacy manager 2.1

(1) The manager of a pharmacy is responsible for (

a) the day to day management of the pharmacy; (

b) the development, maintenance and enforcement of policies and procedures to comply with the standards of practice of pharmacy as set out in an enactment or a professional standard adopted by an appropriate professional organization, or otherwise required to ensure optimal patient care; (

c) the development, maintenance and enforcement of a quality management program; (

d) ensuring that all staff members who present themselves as pharmacists or who are employed to practise as pharmacists are licensed to practice [practise] pharmacy in Nova Scotia; (

e) notifying the Registrar in writing of any changes in the pharmacy staff as they occur; (

f) responding to any questions from the Registrar respecting the practice of pharmacy in the pharmacy; (

g) advising the Registrar in writing of professi onal practice problems or conduct that could affect the health or safety of patients by any pharmacist, registered student, intern or certified dispenser employed in the pharmacy; (

h) cooperating fully with an y inspector appointed by the Council pursuant to the Pharmacy Act; (

i) establishing a staffing pl an commensurate with patient care requirements and taking reasonable steps to implement it; (

j) ensuring that information directed to the pha rmacy pertaining to drugs, devices, diversion tactics and the practice of pharmacy is accessible to all staff and that any pharmacist, registered student, intern or certified dispenser is informed of its location in the pharmacy; (

k) the adoption of policies to ensure so far as possible that the pharmacy has adequate stocks of drugs and devices to meet the needs of its patients; (

l) the adoption of a policy for implementing and documenting a drug recall procedure;

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m) ensuring that all drugs in the pharmacy are secure from loss, theft or diversion; (

n) maintaining confidentiality with respect to all patient records and information; (

o) ensuring the correct and consistent use of the operating name of the pharmacy as it appears on the certificate of accreditation of the pharmacy for all pharmacy identification on labels and packaging.

(2) A pharmacist shall not act as the manager of more than one pharmacy at a time.

(3) The pharmacy manager shall report to the College any change in the ownership of the pharmacy, and, where the owner is a body corporate, any change in the names of the officers and directors of the body corporate. Quality management 2.2

(1) Every pharmacy shall establish and maintain a continuing, documented quality assurance program that monitors staff performance, equipment, facilities and adherence to standards of practice.

(2) The quality assurance program shall include a process for documenting and reporting known, alleged and suspected medication errors and discrepancies, and the steps taken to resolve the problem.

(3) The quality assurance program shall include provisions to protect the confidentiality of information relating to specific patients. Pharmacy 2.3

(1) Every application for the accreditation of a pharmacy shall include a diagram of the pharmacy.

(2) The diagram shall demonstrate compliance with the Pharmacy Act and these regulations before a certificate of accreditation is issued.

(3) The pharmacy manager shall report to the College any changes in the pharmacy, made either before or after accreditation, that would affect the diagram.

(4) The diagram shall be drawn to scale, and include (

a) all entrances, stairs or escalators, and elevators; (

b) washrooms, indicating whether for staff or the general public; (

c) an indication of whether there are additional ar eas of the retail premises not included in the pharmacy and the approximate size of them; (

d) storage areas; (

e) dispensary, showing the location of the counter; (

f) narcotic and controlled drug storage areas and any related equipment; (

g) areas containing scheduled drugs; (

h) patient counselling area.

(5) The diagram shall be accompanied by a description of the type of security features employed to render the dispensary and controlled drug areas secure and, where the pharmacy is part of a larger premises, the manner in which the pharmacy is secured from the larger premises when closed.

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(1) The dispensary of a pharmacy must be a well-defined area clearly identified to the public by “Dispensary”, “Prescriptions” or words of like import approved by the Registrar.

(2) The dispensary staff shall be accessible to the public at the counter and by telephone.

(3) The dispensary area shall be inaccessible to the public.

(4) The dispensary shall be sufficiently large and configured to allow for safe and proper storage of medications and compounding, preparation and dispensing of medication orders, taking into account the volume of business, the nature of the patients and their particular needs, and the nature of the pharmacy’s business, and (

a) be clean, sanitary, well ventilated and well lit; (

b) contain sufficient drugs to permit the provision of a full dispensing service; (

c) have adequate shelf and storage space; (

d) include a sink with hot and cold running water; (

e) include a secure refrigerator for storing drugs; (

f) include a source of heat for compounding; (

g) include a typewriter or printer, prescrip tion numbering system and system for filing prescriptions.

(5) A dispensary shall be adequately equipped to provide safe and proper compounding, dispensing and preparation of medication orders, and have at least (

a) an accurate prescription balance with a sensitivity reciprocal of 10 mg; (

b) glass graduates; (

c) mortars and pestles (both glass and earthenware); (

d) metallic and non-metallic spatulas; (

e) glass funnels; (

f) glass stirring rods; (

g) ointment slab or pad; (

h) counting tray; (

i) sufficient consumables such as containers a nd labels to permit a full dispensing service in accordance with the regulations. Physical facilities 2.5

(1) A pharmacy shall contain an area for private patient consultation where counselling and the provision of drug information may take place without being overheard by others.

(2) A pharmacy shall be of sufficient size to allow for safe and proper storage of medications, for compounding, preparation and dispensing of medication orders, and for provision of patient-oriented and administrative pharmacy services, taking into account the volume of business, the nature of the patients and their particular needs, and the nature of the pharmacy’s business.

(3) All areas of the pharmacy shall be dry, well-lighted, well-ventilated and maintained in a clean, sanitary and orderly condition.

(4) The pharmacy shall be physically separated from adjacent areas in the same premises by any means

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(5) The current pharmacy licence shall be displayed in a conspicuous public place in the pharmacy. Security 2.6

(1) Each pharmacist, while on duty, is responsible for the security of the pharmacy, including the enforcement of provisions to protect against unauthorized entry and theft or diversion of medication.

(2) After pharmacy hours, the pharmacy premises shall be secured with suitable locks and alarms to prevent and detect unauthorized entry. Hours 2.7 The hours of operation of the pharmacy shall be posted in a prominent place at the dispensary in the pharmacy, at the public entrances to the pharmacy, and, where the pharmacy is located in a larger premises, at the public entrances to those premises. Equipment and references 2.8

(1) The pharmacy shall be adequately equipped to provide safe and proper medication compounding, dispensing and preparation of medication orders, and patient-oriented and administrative pharmacy services.

(2) The pharmacy shall be equipped with a reference library of current references relevant to medication compounding, dispensing and preparation of medication orders, and current patient-oriented references for the provision of patient-oriented pharmacy services.

(3) The pharmacy’s reference library shall at a minimum comply with “Professional Library Requirements for Community Pharmacies” (Nova Scotia College of Pharmacists) as from time to time amended or revised.

(4) The pharmacy manager may vary any specific prescribed standards for equipment and library where the pharmacy serves only a specialized clientele and does not serve the public generally, provided the pharmacy continues to provide safe and effective pharmacy services to its patients. Practice 2.9

(1) Where sterile products are prepared, policies and procedures consistent with recognized professional standards shall be in place to ensure the sterility of the final products.

(2) Every employee of the pharmacy shall wear a badge identifying the person as an employee of the pharmacy and whether that person is a pharmacist, certified dispenser, registered student, intern or other employee. Standards of practice 2.10 A pharmacist shall comply with the Standards of Practice adopted and from time to time amended by the Nova Scotia College of Pharmacists. Expired drugs 2.11

(1) Where a drug or device is prescribed by the manufacturer to be used within a specified period of time, or before a certain date, no pharmacist shall give, sell or offer for sale the drug or device once that period of time or date has passed.

(2) Any products to which subsection (1) applies shall be removed from any part of the pharmacy and the premises in which the pharmacy is located, except a clearly marked product disposal area, upon the expiration of the period of time or date.

(3) No pharmacist shall dispense any products to which subsection (1) applies if the period of time specified by the manufacturer will elapse or the expiration date specified by the manufacturer will occur during the period of use set out in the prescription.

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Part II - Regulations Vol. 27, No. 23 718 © NS Registry of Regulations. Web version. Returned products 2.12 No pharmacist or certified dispenser shall dispense any previously dispensed product returned to the pharmacy except as provided by and in accordance with the Nova Scotia College of Pharmacists Standards of Practice as amended from time to time. Labels 2.13

(1) A pharmacist or certified dispenser shall affix an easily read label to every container of drugs dispensed.

(2) A pharmacist or certified dispenser shall ensure that the prescriber’s directions for use are clearly transcribed to the label.

(3) Labels to be affixed to containers when a drug is dispensed shall contain any information that in the professional judgment of the pharmacist or certified dispenser is required for the safe and effective use of that drug by that patient, and, at a minimum, shall contain the specific information required by the Nova Scotia College of Pharmacists Standards of Practice as amended from time to time.

(4) When a medication is dispensed or sold from bulk stock bearing an expiration date that is within the time frame that a patient might reasonably be expected to store the medication, the date of expiration must appear on the label or as a supplementary label.

(5) Supplementary labels must be used when appropriate to relay information concerning the use, storage or precautions pertaining to the particular drug or medication sold or dispensed.

(6) Where a drug consists of both an inner and an outer container, a label must be affixed in a permanent fashion to the inner container.

(7) Where a drug container is too small to accommodate a full label, a label shall be affixed to the container that includes the minimum information that in the professional judgment of the pharmacist or certified dispenser is required for the safe and effective use of that drug by that patient, the full label shall be affixed to a larger container and the patient shall be counselled to keep the small container within the larger container with the full label.

(8) Notwithstanding subsections (6) and (7), a pharmacist or certified dispenser may omit the label on the inner or small container at the request of the patient where the pharmacist considers that to do so will result in better patient care.

(9) Labels must be affixed to non-prescription drugs whenever they are repackaged from the manufacturer’s original packaging in accordance with the Nova Scotia College of Pharmacists Standards of Practice as amended from time to time. Prescriptions 2.14

(1) A pharmacist or certified dispenser is responsible for ensuring that a prescription is authentic and that the pharmacist or certified dispenser has at least the following information before the prescription is dispensed: (

a) date; (

b) name and address of the patient; (

c) name of the prescribed drug or ingredients; (

d) strength, where applicable; (

e) quantity of the drug that may be dispensed; (

f) dosage instructions for use by the patient; (

g) refill authorization, where applicable; (

h) name and address of the prescriber and, in th e case of a written prescription, signature of the prescriber.

(2) A pharmacist or certified dispenser shall take reasonable steps to ensure that the prescriber is

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(3) Every pharmacist or certified dispenser who receives a verbal prescription shall reduce it to written or printed form as soon as possible, and in any event before dispensing it, and shall sign or initial it and date it.

(4) A verbal prescription shall be communicated directly from the person authorized to prescribe to a pharmacist or certified dispenser, or may be obtained from a voice message recorded by the prescriber in a manner that protects patient confidentiality.

(5) A prescription may be transmitted electronically by facsimile directly from the prescriber to the pharmacy in accordance with the Nova Scotia College of Pharmacists Standards of Practice as amended from time to time, and may be dispensed in accordance with those standards where the pharmacist or certified dispenser has verified the origin of the transmission, the authenticity of the prescription, and the prescriber’s unique identifier.

(6) The pharmacist or certified dispenser who dispenses a prescription shall sign or initial the prescription when it is dispensed and mark the date it was dispensed directly on the prescription.

(7) If a prescription is not dated, the pharmacist shall verify the date and write the verified date on the prescription before dispensing it.

(8) Every time a prescription is refilled, a record to that effect shall be signed or initialled and dated.

(9) No prescription shall be filled or refilled after one year from the date it was prescribed.

(10) Where a new prescription is presented for a previously prescribed drug, the pharmacist or certified dispenser shall cancel any unused refill authorizations remaining on any previous prescription for that drug. Prescription copies 2.15 Every person in respect of whom a prescription is presented to a pharmacist or certified dispenser to be dispensed, and which has been dispensed, is entitled to have a copy marked “Copy for Information Only” furnished to that person or that person’s agent on request. Transfers 2.16

(1) In this Section, (a) “controlled drug” includes any drug included in the Panel of Monitored Drugs pursuant to

Section 2.19 or that is a controlled drug pursuant to the Controlled Drugs and Substances Act (Canada); (b) “pharmacist” includes a certified dispenser in Nova Scotia.

(2) Upon request, a pharmacist shall transfer a prescription to another pharmacist licensed in a Canadian jurisdiction provided that the prescription does not include a narcotic or controlled drug.

(3) When a prescription is transferred from one pharmacist to another, (

a) all remaining refills at the tran sferring pharmacy shall be cancelled; (

b) the transferring pharmacist shall enter on the pa tient record the fact that the prescription was transferred, including (

i) date of the transfer, (ii) identity of the transferring pharmacist,

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v) any other relevant information; and [Note: numbering as in original.] (

c) the transfer shall comply with the Food and Drug Act (Canada), the Controlled Drugs and Substances Act (Canada), and the regulations under those Acts.

(4) A pharmacist may dispense a prescription transferred from a pharmacist licensed in another jurisdiction in Canada, including any remaining refills, if (

a) the prescription does not include a narcotic or controlled drug; (

b) the transfer complies with the Food and Drug Act (Canada), the Controlled Drugs and Substances Act (Canada), and the regulations under those Acts; and (

c) the prescriber is licensed and practises in Canada and belongs to a class of persons who, if licensed in Nova Scotia, would be entitled by law to prescribe that drug or device in Nova Scotia. Dispensing 2.17

(1) A pharmacist may adjust the quantity of drugs dispensed from that prescribed where (

a) the patient asks to purchase a smaller amount; (

b) the patient requests an early refill of the pr escription for valid reasons, if the patient has a good compliance history and it is in the interest of the patient to do so, provided that to do so is permitted by law and the prescription is not for a drug listed in a

schedule pursuant to the Controlled Drugs and Substances Act; (

c) the manufacturer’s unit-of-use standard pack age size does not exactly match the prescribed quantity; (

d) the patient has a poor compliance hist ory as documented on the patient record; (

e) drug misuse is suspected; (

f) the quantity prescribed exceeds the amount covered by the patient’s drug plan; (

g) the patient authorizes a trial prescription quantity; (

h) in the professional opinion of th e pharmacist or certified dispenser, it is necessary for the safe and effective use of that drug by that patient.

(2) A pharmacist shall not alter the quantity of drugs from that prescribed unless the alteration is for the benefit of the patient and is fully explained to the patient, including any extra cost that may be incurred by the patient.

(3) Containers meeting Canadian Standards Association standards for child-resistant containers shall be used to dispense any drug unless, in the professional opinion of the pharmacist, a child-resistant container does not meet a patient’s needs. Counselling 2.18

(1) When a pharmacist counsels a patient, the dialogue shall be in person if practicable and shall respect the patient’s right to confidentiality.

(2) A pharmacist or certified dispenser, and a student or intern under the direct supervision of a pharmacist, shall counsel a patient when a drug is dispensed to that patient, including

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a) confirmation of the identity of the patient; (

b) identification and purpose of the drug being dispensed; (

c) directions for proper use; (

d) common adverse effects or interactions a nd therapeutic contraindications that may be encountered, including their avoidance, and the actions required if they occur; (

e) storage requirements; (

f) prescription refill information; (

g) responses to questions and expressed needs; and (

h) such other information as the person counselling considers appropriate for the safe and effective use of that drug by that patient.

(3) Alternative forms of patient information may be used to supplement counselling. Pharmacist not present 2.19

(1) When a pharmacist or certified dispenser is not present and the pharmacy is closed, if the pharmacy is part of a larger premises, employees in the larger premises may (

a) release to patients dispensed prescriptions that have been left in a secure and private location accessible to employees outside the pharmacy; and (

b) receive orders from drug whol esalers containing scheduled drugs provided the containers are not opened and are kept in a secure location.

(2) A pharmacist or certified dispenser shall not leave a prescription to be released pursuant to clause (1)(

a) unless a patient has requested the pharmacist or certified dispenser to do so, adequate steps are taken to protect the confidentiality of any information respecting the patient, and adequate steps are taken to ensure the correct identification of the patient before turning over the prescription to the patient.

(3) A pharmacist or certified dispenser who leaves a prescription to be picked up by a patient pursuant to clause (1)(

a) is responsible for ensuring that the pharmacist or certified dispenser has previously counselled the patient concerning the drug. Patient records 2.20 The pharmacy manager shall ensure that a patient record is prepared and maintained in accordance with the Standards of Practice of the Nova Scotia College of Pharmacists for each patient for whom a drug is dispensed. Advertising 2.21

(1) In this regulation, “advertising” means using space or time in a public medium or using a commercial publication to communicate to all or part of the general public for the purpose of promoting services or enhancing the image of the advertiser, but does not include communicating factual information concerning drugs or devices.

(2) A pharmacist or pharmacy may make information about the pharmacy staff or professional services available to the public, subject to the following: (

a) the advertising shall not use any qualifying words such as professional, trusted, prompt, licensed, accurate, cheap, or words of similar meaning; and (

b) the advertising shall not use the words “speci alist” or “expert” or words of similar meaning

N.S. Reg. 193/2003 Royal Gazette

Part II - Regulations Vol. 27, No. 23 722 © NS Registry of Regulations. Web version. unless the person to whom the advertising relates possesses a specialization granted pursuant to a program approved by the Council for the purpose of granting a specialist status.

(3) A pharmacist or pharmacy may advertise those professional services that are required or mandatory only when followed by the statement, “Required by law in all Nova Scotia pharmacies”, displayed in the same size and prominence as all other print in the advertising.

(4) A pharmacist or pharmacy may communicate factual and accurate information but shall not engage in advertising that (

a) is inaccurate or is otherwise capable of misl eading the public by the inclusion or omission of any information; (

b) is not in keeping with the standards of good taste generally accepted in the community; (

c) misrepresents pharmaceutical knowledge or fact; (

d) compares, directly or indirectly, the pharmacist ’s or pharmacy’s service or ability with that of any other pharmacist or pharmacy, or promises more effective service or better results than those already obtained; (

e) deprecates another pharmacist or pharm acy as to service, ability or fees; (

f) creates an unjustified expectation about the results the pharmacist can achieve; (

g) is made under any false or misleading guise, or takes advantage of the weakened physical or emotional state of a patient; (

h) discloses the names or identities of pa tients without their informed consent; or (

i) contains anything that, because of its nature, cannot be verified.

(5) A pharmacist or pharmacy shall not directly or indirectly advertise or promote

Schedule I drugs.

(6) A pharmacist or pharmacy shall not directly or indirectly advertise or promote

Schedule II drugs except as to the name, classification of drug, quantity or size and price. Closing a pharmacy 2.22 Every person who permanently discontinues the operation of a pharmacy shall (

a) immediately remove any signs and symbols related to the practice of pharmacy; (

b) immediately remove and dispose of all drugs and devices according to law; (

c) notify all patients as soon as possible, by ne wspaper advertisement or otherwise, of steps taken or proposed for the preservation of patient records and of any intended transfer of them; (

d) provide for the preservation of all patient r ecords according to law and the return of patient records to any patient that so requests; (

e) provide for the orderly continuation of patient care; and (

f) advise the Registrar in writing of the closure prior to the closure, specifying the steps to be taken to comply with the regulations.

N.S. Reg. 193/2003 Royal Gazette

Part 3 - Transition and Repeal Repeal 3.1 All regulations passed pursuant to

Chapter 343 of the Revised Statutes, 1989, the Pharmacy Act, inconsistent with the provisions of these regulations, are repealed. Coming into effect 3.2 These regulations have effect on, from and after the date on which the Governor in Council approves the Qualification and Professional Accountability Regulations passed by the Council on the same date as these regulations.

Schedule “A” Fees Initial registration and other one-time fees A1 The following fees are payable to the Nova Scotia College of Pharmacists: for registration as a student or intern $100.00 to sit for the legislation examination $125.00 for a certificate of accreditation (pharmacy) $450.00 for a certificate of registration (pharmacist) $430.00 for a change in a pharmacy manager $ 50.00 for a replacement certificate or licence $ 25.00 for a certificate of standing $ 25.00 for reinstatement $100.00 Annual fees A2 The following fees are payable to the Nova Scotia College of Pharmacists each year: for an unrestricted licence to practise direct patient care pharmacy $330.00 for a licence to practice [practise] indirect patient care pharmacy $330.00 for continuance as a registered student or intern $ nil for continuance as a certified dispenser $290.00 for a pharmacy licence $300.00 for non-practising membership $200.00 Late fees A3

(1) The fee for late compliance with annual requirements including payment of fees, proof of insurance coverage and continuing education is $250.00 if full compliance is achieved by December 31 in the year in which the requirements were due.

(2) If compliance is not achieved by December 31, the fee for late compliance is $500.00. Due date A4

(1) Annual fees are payable to the College on or before November 30 in each year, and if not paid by that date, the member or pharmacy is liable for the late payment fee provided by

Section [A]3.

(2) If a member or pharmacy does not pay the annual fee and any applicable late payment fee by December 31 in any year, the member or pharmacy is suspended as provided by the Pharmacy Act and shall not practise or be open as a pharmacy until the suspension is removed. HST A5 Harmonized Sales Tax, where applicable, is in addition to the fees specified in this Schedule.

N.S. Reg. 194/2003 Royal Gazette

Part II - Regulations Vol. 27, No. 23 724 © NS Registry of Regulations. Web version. N.S. Reg. 194/2003 Made: November 14, 2003 Filed: November 18, 2003 Winter Parking Regulations Order dated November 14, 2003 Regulations made by the Deputy Provincial Traffic Authority pursuant to

Section 202 of the Motor Vehicle Act Winter Parking Regulations Effective December 15, 2003 Regulations made by the Deputy Provincial Traffic Authority Pursuant to

Section 202 of the Motor Vehicle Act R.S.N.S. 1989,

Chapter 293

WHEREAS due to the congestion on the streets and highways in the communities as listed on

Schedule “A”, caused by vehicular and pedestrian traffic and the limitation on the free use of the streets liable to be caused by the presence of snow and ice thereon, I am of the opinion that special conditions exist and I do so declare. THEREFORE under the authority of

Section 202 of the Motor Vehicle Act, as Deputy Provincial Traffic Authority for the Province of Nova Scotia, I make the following temporary regulations: These regulations may be cited as the Winter Parking Regulations. 1( 1 ) Notwithstanding that certain traffic signs have been erected in the communities as listed on

Schedule “A” prohibiting or permitting vehicles to park or stand upon sections of highway during the hours stated thereon, (

a) no person shall park upon any highway or street in the communities as listed on

Schedule “A” between the hours of one o’clock in the forenoon and the hour of seven o’clock in the forenoon of the same day; (

b) no owner, driver or person having control or cu stody of any vehicle shall park the vehicle if it is unattended by a person authorized to move and capable of operating the same, upon any highway or streets in the communities as listed on

Schedule “A”, in such a manner as to hinder, inconvenience or prevent the proper removal of snow or ice from such highway or street; (

b) no owner, driver or person having control or custody of any vehicle shall during the period from one hour after any snow storm has commenced to two hours after such snow storm has stopped, park the vehicle if it is unattended by a person authorized to move and capable of operating the same, upon any highway or street of the communities as listed on

Schedule “A”.

(2) The provision of subsection (1) shall not apply to (

a) a motor vehicle of a physician or surgeon park ed reasonably near their office or residence and immediately available for professional calls; (

b) a motor vehicle parked by a physician or surg eon who is actually engaged in their professional occupation and reasonably near where he is so engaged; (

c) a motor vehicle parked by an operator who is actually engaged in discharging their duties as a Police Constable or a member of the police or the armed services; (

d) a motor vehicle parked by an operator who is actually engaged in discharging their duties as a member of a Fire Department;

N.S. Reg. 194/2003 Royal Gazette

e) a commercial vehicle parked by an operator for the purpose of loading or unloading merchandise; (

f) a motor vehicle belonging to a public utility company or corporation parked reasonably near the residence of an operator and immediately available for emergency calls. 3 No owner or person having control or custody of any vehicle which has been parked contrary to these regulations shall leave the same standing or parked upon any highway, street or community as listed on

Schedule “A”. 4 The time referred to shall be the time which is from time to time legally in effect in the Province of Nova Scotia. 5 It shall be an offence for any person to fail to comply with these regulations and such person will be liable to a penalty as provided by

Section 292 of the Motor Vehicle Act. 6 These Regulations shall be in full force and effect from Monday, the 15th day of December, A.D. 2003, up to and including Monday, the 15th day of March, A.D. 2004. DATED at Halifax, Nova Scotia, this 14th day of November, 2003. Sgd: Bernie Clancey Bernie Clancey, P. Eng. Deputy Provincial Traffic Authority for the Province of Nova Scotia

Schedule “A” ANNAPOLIS COUNTY Aaron Park Subdivision Baptist Church Subdivision Bonaventure Subdivision Bonavista Subdivision Bridgetown/Carleton Corner (Route 201) Brookside Dr/Pine Grove Crescent Clementsport Road Forest View Subdivision Hidden Valley Subdivision Jefferson Subdivision Nictaux Flats Subdivision Nictaux (Trunk 201) Nictaux Falls (Trunk 10) Nictaux Falls Road Nictaux Road Nictaux (Trunk 10) Old Post Road (Trunk 1 in Clementsport from the intersection of the Old Post Road and Trunk 1 westerly to the Intersection of Trunk 1 and the M&R Street) Orchard Drive Paradise (Trunk 1) Pleasant Heights Subdivision Poplar Grove Subdivision Shady Rest Subdivision South Street Springfield (Trunk 10) Streets in Granville Ferry Taylor Road Torbrook Road Village of Bear River Village of Lawrencetown Ward Estates Subdivision Welton Lane Whispering Pines Subdivision ANTIGONISH COUNTY Arbor Drive Extension Brierly Way Brookside Way Crockett Court Chisholm Drive Church Street Extension Grandview Drive Greenwold Avenue Heritage Drive Highland Drive Extension MacIsaac’s Lane Mountainview Drive Ponderosa Drive Pottery Lane Sylvan Valley Lane Sylvan Valley Road Tamara Drive Townsend Street

N.S. Reg. 194/2003 Royal Gazette

Document details

Collection	Nova Scotia — Gazette
Citation	N.S. Reg. 184/2003
Date	2003-01-01
Type	gazette
Volume / chapter	just regulations rg2 2003 no2803
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	fb68a7c80b3d8b66494ad033ae425c6f870b4285

Source file is stored in the law ingest library (pdf).