Proclamation of amendments to Act, S. 8

N.S. Reg. 139/2010

Nova Scotia — Gazette

© NS Registry of Regulations. Web version. 1059

Part II Regulations under the Regulations Act Printed by the Queen’s Printer Halifax, Nova Scotia Vol. 34, No. 20 September 24, 2010 Contents Act Reg. No. Page Crop and Livestock Insurance Act D e s i g n a t i o n o f I n s u r a b l e C r o p s a n d L i v e s t o c k R e g u l a t i o n s – a m e n d m e n t ..............132/2010 1063 M a p l e S y r u p I n s u r a n c e P l a n ................................................ 133/2010 1063

An Act to Implement HRM by Design Proclamation of amendments to Act, S. 13, S.N.S. 2009, c. 16 ...................... 135/2010 1069 Municipal Government Act Financial Reporting and Accounting Manual–dispensation from publication of N.S.

Reg. 139/2010 ................................................. 1074 Natural Products Act N o v a S c o t i a T u r k e y M a r k e t i n g P l a n – a m e n d m e n t ................................134/2010 1068 Pension Benefits Act P e n s i o n B e n e f i t s R e g u l a t i o n s – a m e n d m e n t ..................................... 141/2010 1077 Personal Property Security Act Proclamation of amendments to Act, S. 8, S.N.S. 2009, c. 26 ....................... 136/2010 1071 P e r s o n a l P r o p e r t y S e c u r i t y A c t G e n e r a l R e g u l a t i o n s – a m e n d m e n t ...................137/2010 1072 Petroleum Products Pricing Act Prescribed Petroleum Products Prices ......................................... 131/2010 1061 Prescribed Petroleum Products Prices ......................................... 140/2010 1075

1060 © NS Registry of Regulations. Web version. Table of Contents (cont.) Royal Gazette

Part II - Regulations Vol. 34, No. 20 Securities Transfer Act Proclamation of Act, S. 138, S.N.S. 2010, c. 8 .................................. 138/2010 1073 In force date of regulations: As of March 4, 2005*, the date a regulation comes into force is determined by subsection 3(6) of the Regulations Act. The date a regulation is made, the date a regulation is approved, the date a regulation is filed and any date specified in a regulation are important to determine when the regulation is in force. *Date that subsections 3(6) and (7) and Sections 11 and 13 of the Regulations Act and amendments to the Regulations Act made by

Chapter 46 of the Acts of 2004 were proclaimed in force.

N.S. Reg. 131/2010 Royal Gazette

Part II - Regulations Vol. 34, No. 20 © NS Registry of Regulations. Web version. 1061 N.S. Reg. 131/2010 Made: September 2, 2010 Filed: September 7, 2010 Prescribed Petroleum Products Prices Order dated September 2, 2010 made by the Nova Scotia Utility and Review Board pursuant to

Section 14 of the Petroleum Products Pricing Act and Sections 16 to 19 of the Petroleum Products Pricing Regulations Order NSUARB-GAS-W-10-36 In the Matter of the Petroleum Products Pricing Act - and - In the Matter of Prescribing Prices for Petroleum Products pursuant to

Section 14 of the Petroleum Products Pricing Act and Sections 16 to 19 of the Petroleum Products Pricing Regulations Before: Murray E. Doehler, CA, P. Eng., Member Order

Whereas the purpose of the Petroleum Products Pricing Regulations is to ensure just and reasonable prices for specified petroleum products taking into consideration the objectives of preserving the availability of such products in rural areas, stabilizing prices of such products and minimizing the variances in prices of such products across the Province; And

whereas the Nova Scotia Utility and Review Board (“Board”) considered the manner in which it would proceed to set petroleum prices in its decision, 2006 NSUARB 108, issued on October 16, 2006; And

whereas the average of the average of the daily high and low reported product prices (in Canadian cents) for the week ended September 1, 2010, are: Grade 1 Regular gasoline 53.3¢ per litre Ultra-low-sulfur diesel oil 58.6¢ per litre

Now therefore the Board prescribes the benchmark prices for petroleum products to be: Gasoline: Grade 1 53.3¢ per litre Grade 2 56.3¢ per litre Grade 3 59.3¢ per litre Ultra-low-sulfur diesel oil 58.6¢ per litre And

now therefore the Board has determined, based on historical data regarding price changes and to achieve revenue neutrality, it is appropriate to apply, and the Board so orders, forward averaging corrections of: Gasoline: minus 0.5¢ per litre Ultra-low-sulfur diesel oil: plus 0.8¢ per litre And

now therefore the Board prescribes the prices for petroleum products as set forth in

Schedule “A” effective on and after 12:01 a.m., September 3, 2010. Dated at Halifax, Nova Scotia, this 2nd day of September, 2010. Sgd: Elaine Wagner Clerk of the Board

N.S. Reg. 131/2010 Royal Gazette

Part II - Regulations Vol. 34, No. 20 1062 © NS Registry of Regulations. Web version.

Schedule “A” Prices Prescribed for Petroleum Products under the Petroleum Products Pricing Act and the Petroleum Products Pricing Regulations effective on and after 12:01 a.m. on September 3, 2010 Nova Scotia Petroleum Price

Schedule Petroleum Prices in Cents/Litre Self-Service Pump Prices Full-Service Pump Prices (Pump Prices includes 15% HST) Base Wholesale Price Fed. Excise Tax Prov.

Tax Wholesale Selling Price Min Max Min Max Zone 1 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra-Low-Sulfur Diesel 59.1 62.1 65.1 65.7 10.0 10.0 10.0 4.0 15.5 15.5 15.5 15.4 84.6 87.6 90.6 85.1 101.9 105.3 108.8 102.5 103.6 107.1 110.5 104.2 101.9 105.3 108.8 102.5 999.9 999.9 999.9 999.9 Zone 2 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra-Low-Sulfur Diesel 59.5 62.5 65.5 66.1 10.0 10.0 10.0 4.0 15.5 15.5 15.5 15.4 85.0 88.0 91.0 85.5 102.4 105.8 109.3 102.9 104.1 107.5 111.0 104.7 102.4 105.8 109.3 102.9 999.9 999.9 999.9 999.9 Zone 3 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra-Low-Sulfur Diesel 60.0 63.0 66.0 66.6 10.0 10.0 10.0 4.0 15.5 15.5 15.5 15.4 85.5 88.5 91.5 86.0 102.9 106.4 109.8 103.5 104.7 108.1 111.6 105.2 102.9 106.4 109.8 103.5 999.9 999.9 999.9 999.9 Zone 4 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra-Low-Sulfur Diesel 60.0 63.0 66.0 66.6 10.0 10.0 10.0 4.0 15.5 15.5 15.5 15.4 85.5 88.5 91.5 86.0 102.9 106.4 109.8 103.5 104.7 108.1 111.6 105.2 102.9 106.4 109.8 103.5 999.9 999.9 999.9 999.9 Zone 5 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra-Low-Sulfur Diesel 60.0 63.0 66.0 66.6 10.0 10.0 10.0 4.0 15.5 15.5 15.5 15.4 85.5 88.5 91.5 86.0 102.9 106.4 109.8 103.5 104.7 108.1 111.6 105.2 102.9 106.4 109.8 103.5 999.9 999.9 999.9 999.9 Zone 6 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra-Low-Sulfur Diesel 60.8 63.8 66.8 67.4 10.0 10.0 10.0 4.0 15.5 15.5 15.5 15.4 86.3 89.3 92.3 86.8 103.8 107.3 110.7 104.4 105.6 109.0 112.5 106.1 103.8 107.3 110.7 104.4 999.9 999.9 999.9 999.9

N.S. Reg. 132/2010 - 133/2010 Royal Gazette

Part II - Regulations Vol. 34, No. 20 © NS Registry of Regulations. Web version. 1063 N.S. Reg. 132/2010 to 133/2010 Made: September 8, 2010 (N.S. Reg. 132/2010) and November 2, 2009 (N.S. Reg. 133/2010) Approved: September 8, 2010 (N.S.

Reg. 133/2010) Filed: September 10, 2010 Designation of Insurable Crops and Livestock Regulations and Maple Syrup Insurance Plan Order in Council 2010-336 dated September 8, 2010 Amendment to regulations made by the Governor in Council and Regulations made by the Crop and Livestock Insurance Commission and approved by the Governor in Council pursuant to Sections 7 and 6 of the Crop and Livestock Insurance Act The Governor in Council on the report and recommendation of the Minister of Agriculture dated June 28, 2010, is pleased, effective on and after September 8, 2010, (

a) pursuant to

Section 7 of

Chapter 113 of th e Revised Statutes of Nova Scotia, 1989, the Crop and Livestock Insurance Act, to amend the Designation of Insurable Crops and Livestock Regulations, N.S. Reg. 22/2005, made by the Governor in Council by Order in Council 2005-66 dated February 18, 2005, to designate maple syrup as an insurable crop in the manner set forth in

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

b) pursuant to

Section 6 of

Chapter 113 of the Revised Statutes of Nova Scotia, 1989, the Crop and Livestock Insurance Act, to approve the making by the Nova Scotia Crop and Livestock Insurance Commission of a crop insurance plan for maple syrup production in the form set forth in

Schedule “B” attached to and forming part of the report and recommendation. N.S. Reg. 132/2010 Designation of Insurance Crops and Livestock Regulations

Schedule “A” Amendment to the Designation of Insurable Crops and Livestock Regulations made by the Governor in Council pursuant to

Section 7 of

Chapter 113 of the Revised Statutes of Nova Scotia, 1989, the Crop and Livestock and Insurance Act

Section 3 of the Designation of Insurable Crops and Livestock Regulations, N.S. Reg. 22/2005, made by the Governor in Council by Order in Council 2005-66 dated February 18, 2005, is amended by adding the following clause immediately after clause (d): (da) maple syrup; N.S. Reg. 133/2010 Maple Syrup Insurance Plan

Schedule “B” I certify that at a meeting held on November 2, 2009, 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 a motion to make regulations establishing a crop insurance plan for maple syrup production in the form attached.

N.S. Reg. 133/2010 Royal Gazette

Part II - Regulations Vol. 34, No. 20 1064 © NS Registry of Regulations. Web version. These regulations are effective on and after the date they are approved by the Governor in Council. Dated and signed at Truro, Nova Scotia, April 12, 2010. Sgd.: Bill MacLeod J. Bill MacLeod, P.Ag., CEO Crop and Livestock Insurance Commission Regulations Respecting a Crop Insurance Plan for Maple Syrup Production made by the Nova Scotia Crop and Livestock Insurance Commission under

Section 6 of

Chapter 113 of the Revised Statutes of Nova Scotia, 1989, the Crop and Livestock Insurance Act Citation 1 These regulations may be cited as the Maple Syrup Insurance Plan. Purpose 2 The purpose of this plan is to provide for insurance against a reduction in yield of maple syrup resulting from one or more of the perils designated in

Section 4.

Interpretation 3( 1 ) In this plan, (a) “Act” means the Crop and Livestock Insurance Act; (b) “average insurable yield” mean s the average insurable yield of an insurable maple syrup crop determined in accordance with subsection 10(3); (c) “contract of insurance” means a contr act of insurance as set out in

Section 7; (d) “degrees Brix” is a measurement of the dissolved sugar-to-water mass ratio of a liquid; (e) “designated perils” means the perils designate d in

Section 4 for the purpose of this plan; (f) “maple trees” means all maple trees of any variety from which maple syrup is produced in Nova Scotia that are accepted by the Commission for insurance coverage; (g) “tap” means a device that is fitted to a maple tree for harvesting sap for producing maple syrup; (h) “total guaranteed production” means the tota l guaranteed production determined in accordance with

Section 10.

(2) For the purpose of this plan, a litre of maple syrup is defined as 1 L of syrup at 66 to 67.5 degrees Brix. Designation of perils 4 The following are designated as perils for maple syrup production: (

a) insects;

N.S. Reg. 133/2010 Royal Gazette

Part II - Regulations Vol. 34, No. 20 © NS Registry of Regulations. Web version. 1065 (

b) excessive summer drought; (

c) below-average summer sun or heat; (

d) wind; (

e) ice; (

f) wildlife for which there is no known control; (

g) adverse weather that prevents collection; (

h) off-crop due to any adverse weather not described in the other designated perils; (

i) fire; (

j) absence of cool and warm temperature cycling during the collection period; and (

k) disease. Designation of crop year 5 The crop year for maple syrup production is the period from May 1 in any year to April 30 in the following year. Application 6 An application for a contract of insurance must be (

a) on a contract of maple syrup insurance application form provided by the Commission; (

b) accompanied by a premium deposit of at least $50; and (

c) filed with the Commission before the first day of the first crop year for which the contract of insurance is to be in force, or as permitted at the Commission’s discretion. Contract of insurance 7( 1 ) A contract of insurance consists of all of the following: (

a) a signed contract of insurance in Form 1 of the regulations respecting general (field crop) insurance made under the Act; (

b) a completed application form filed in accordance with

Section 6; (

c) a copy of this plan.

(2) If a document referred to in subsection (1) is amended while the contract of insurance is still in force, the contract of insurance remains in effect as amended and a copy of the amendment must be delivered to the insured person. Duration of contract 8( 1 ) A contract of insurance is in force for the crop year for which it is made, and continues in force for subsequent crop years until it is cancelled by the insured person or the Commission in the manner prescribed by this Section.

N.S. Reg. 133/2010 Royal Gazette

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(2) A contract of insurance may be cancelled by the insured person or the Commission by notice in writing to the other party by May 15 of the crop year for which the cancellation is to be effective.

(3) If an insured person is in arrears in a premium payment, the Commission may cancel the contract of insurance at any time by notice in writing. Coverage 9( 1 ) All of the taps owned or operated by an insured person and to be harvested must be offered for insurance coverage.

(2) The Commission may insure all or some of the taps offered for insurance coverage.

(3) On written application by an insured person, the Commission may insure a maple syrup crop on the basis of variety, area, agronomic practice or specified perils. Total guaranteed production 10

(1) An insured person must select a coverage level of 70%, 80%, 85% or 90% of the average insurable yield of an insurable maple syrup crop for the purpose of determining the guaranteed production for that crop in a crop year.

(2) Subject to any adjustment made under subsection 15(2) or (3), the total guaranteed production for an insured maple syrup crop is determined by multiplying the selected coverage level by the average insurable yield for the total area of that insured maple syrup crop.

(3) The average insurable yield of an insurable maple syrup crop is the potential production of that crop as determined by the Commission from the insured person’s yield records, subject to a methodology developed by an actuary and approved by the Commission. Established prices 11

(1) For each crop year, the Commission must establish price options for each insurable maple syrup crop and announce these options to insured persons before the beginning of the crop year.

(2) An insured person must select one of the price options as the established price to be used for calculating premium and indemnity in their contract of insurance. Maximum indemnity 12 The maximum indemnity for which the Commission is liable under a contract of insurance is the amount obtained by multiplying the total guaranteed production by the established price option selected under subsection 11(2). Calculating premium 13

(1) The base premium rate must be based on a methodology set by an actuary and approved by the Commission.

(2) Subject to subsection (3), the base premium rate must be adjusted by giving a discount when indemnity is less than total premiums paid or adding a surcharge when indemnity exceeds total premiums paid, and adjustments must be calculated using the following formula: (LR-1) x (n ÷ (20 + n)) in which “LR” equals total indemnity divided by total premiums and “n” equals the number of years insured in the plan.

N.S. Reg. 133/2010 Royal Gazette

Part II - Regulations Vol. 34, No. 20 © NS Registry of Regulations. Web version. 1067

(3) The maximum discount that may be given under subsection (2) is 50% and the maximum surcharge that may be added under subsection (2) is 100%.

(4) Despite subsections (1) to (3), the minimum annual premium payable by an insured person in each crop year is $50.

(5) The premium determined under subsections (1) to (3) includes premium payments made by the Government of Canada under the Farm Income Protection Act (Canada) and by the Province under the Act. Paying premium 14

(1) An insured person must pay the premium less the premium deposit to the Commission no later than August 1 for the current crop year.

(2) Interest of 1.5% per month, or a minimum of $5 per month, is charged on an overdue account. Determining number of insurable taps 15

(1) The Commission may determine the number of insurable taps by any method that it considers appropriate.

(2) If the actual number of taps in a crop year is less than the insured number of taps, the total guaranteed production and the amount of insurance is reduced accordingly and no premium refund is payable.

(3) If the actual number of taps in a crop year exceeds the insured number of taps, the total guaranteed production is pro-rated to the insured number of taps in calculating the indemnity payable. Circumstances in which contract of insurance does not apply 16 A contract of insurance does not apply to, and no indemnity is payable in respect of, (

a) taps or maple trees that are not adequately managed to produce a maple syrup crop; or (

b) a maple syrup crop that, in the opinion of the Commission, is not insurable. Harvesting 17 All taps that are insured must be harvested within the crop year unless the Commission consents in writing to a written request by the insured person to abandon or destroy any part of the intended harvest. Notice of crop loss or damage 18 Subject to the contract of insurance, an insured person is required to notify the Commission in writing within 5 days of any loss or damage to the insured crop.

Final date for harvest 19 The final date for harvest is the last day of the crop year or any other date determined by the Commission, and the Commission may estimate a potential yield for any insured taps not harvested by that date. Harvest yield report 20 No later than 30 days after the completion of harvest, an insured person must file a harvest yield report on a form provided by the Commission for this purpose.

N.S. Reg. 133/2010 - 134/2010 Royal Gazette

Part II - Regulations Vol. 34, No. 20 1068 © NS Registry of Regulations. Web version. Evaluation of loss 21 For the purpose of determining the reduction in yield of an insured crop in a crop year and any indemnity payable, (

a) when the actual production from the insured taps is less than the total guaranteed production for the taps, the adjustment of loss is calculated by multiplying the difference between the total guaranteed production and the actual production by the established price; and (

b) when loss or damage occurs to an insured crop before harvest is completed, the Commission may consent in writing to a written request to abandon any part of the insured taps and in that case the Commission must determine the extent of the damage and the potential production. Notice of claim 22

(1) A claim for an indemnity payable due to a reduction of yield from an insured maple syrup crop must be filed with the Commission, on a proof of loss form provided by the Commission, no later than 30 days after the earlier of (

a) the completion of harvesting of the insured crop; and (

b) the end of the crop year in which the loss occurred.

(2) Before a payment is made for an indemnity claimed, a claim release form provided by the Commission must be received by the Commission.

Arbitration 23 If the Commission and an insured person fail to resolve any dispute arising out of the adjustment of loss under a contract of insurance, and the requirements of the regulations made under the Act respecting the filing of a proof of loss form are complied with, and either party wishes the dispute determined by arbitration, that party must notify the other party and the Crop and Livestock Insurance Arbitration Board in writing no later than 90 days after the end of the crop year that they wish the dispute to be determined in accordance with the requirements of the Arbitration Proceedings Regulations made under the Act.

N.S. Reg. 134/2010 Made: July 15, 2010 Approved: September 8, 2010 Filed: September 10, 2010 Nova Scotia Turkey Marketing Plan Order in Council 2010-339 dated September 8, 2010 Amendment to regulations made by the Natural Products Marketing Council and approved by the Governor in Council pursuant to

Section 11 of the Natural Products Act The Governor in Council on the report and recommendation of the Minister of Agriculture dated August 13, 2010, and pursuant to

Section 11 of

Chapter 308 of the Revised Statutes of Nova Scotia, 1989, the Natural Products Act, is pleased to approve of amendments made by the Natural Products Marketing Council to the Nova Scotia Turkey Marketing Plan, N.S. Reg. 29/84, approved by the Governor in Council by Order in Council 84-209 dated February 28, 1984, in the manner set forth in

Schedule “A” attached to and forming part of the report and recommendation, effective on and after September 8, 2010.

N.S. Reg. 134/2010 - 135/2010 Royal Gazette

Part II - Regulations Vol. 34, No. 20 © NS Registry of Regulations. Web version. 1069

Schedule “A” Natural Products Marketing Council I certify that the Natural Products Marketing Council, at its meeting on July 15, 2010, carried a motion pursuant to

Section 11 of

Chapter 308 of the Revised Statutes of Nova Scotia, 1989, the Natural Products Act, to amend the [Nova Scotia] Turkey Marketing Plan, N.S. Reg. 29/84, approved by the Governor in Council by Order in Council 84-209 on February 28, 1984, in the manner attached. The amendment is effective on and after August 1, 2010. Signed at Truro, in Colchester County, Nova Scotia, on July 15, 2010. Natural Products Marketing Council per: sgd.: E. A. Crouse Elizabeth Crouse General Manager Natural Products Marketing Council Amendment to the [Nova Scotia] Turkey Marketing Plan made by the Natural Products Marketing Council under

Section 11 of

Chapter 308 of the Revised Statutes of Nova Scotia, 1989, the Natural Products Act 1 Clause 2(

e) of the [ Nova Scotia] Turkey Marketing Plan, N.S. Reg. 29/84, approved by the Governor in Council by Order in Council 84-209 dated February 28, 1984, is amended by striking out “Nova Scotia Turkey Producers’ Marketing Board” and substituting “Turkey Farmers of Nova Scotia”. 2 Clause 8(

e) of the Plan is amended by stri king out “Turkey Board” and substituting “Council”. N.S. Reg. 135/2010 Made: September 8, 2010 Filed: September 10, 2010 Proclamation, S. 13, S.N.S. 2009, c. 16 Order in Council 2010-340 dated September 8, 2010 Proclamation made by the Governor in Council pursuant to

Section 13 of

An Act to Amend

Chapter 41 of the Acts of 2008,

An Act to Implement HRM by Design The Governor in Council on the report and recommendation of the Minister of Service Nova Scotia and Municipal Relations dated August 10, 2010, and pursuant to

Section 13 of

Chapter 16 of the Acts of 2009,

An Act to Amend

Chapter 41 of the Acts of 2008,

An Act to Implement HRM by Design, is pleased to order and declare by proclamation that

Chapter 16 of the Acts of 2009,

An Act to Amend

Chapter 41 of the Acts of 2008,

An Act to Implement HRM by Design, do come into force on and not before September 8, 2010, with effect on and after January 13, 2009.

N.S. Reg. 135/2010 Royal Gazette

Part II - Regulations Vol. 34, No. 20 1070 © NS Registry of Regulations. Web version. PROVINCE OF NOVA SCOTIA sgd: Mayann E. Francis G/S ELIZABETH THE SECOND, by the Grace of God, of the United Kingdom, Canada and Her Other Realms and Territories, Queen, Head of the Commonwealth, Defender of the Faith. TO ALL TO WHOM THESE PRESENTS SHALL COME, OR WHOM THE SAME MAY IN ANY WISE CONCERN, G R E E T I N G: A PROCLAMATION

WHEREAS in and by

Section 13 of

Chapter 16 of the Acts of 2009,

An Act to Amend

Chapter 41 of the Acts of 2008,

An Act to Implement HRM by Design, it is enacted as follows: 13 This Act has effect on and after January 13, 2009, upon the Governor in Council so ordering and declaring by proclamation. AND

WHEREAS it is deemed expedient that

Chapter 16 of the Acts of 2009,

An Act to Amend

Chapter 41 of the Acts of 2008,

An Act to Implement HRM by Design, do come into force on and not before September 8, 2010; NOW KNOW YE THAT WE, by and with the advice of the Executive Council of Nova Scotia, do by this Our Proclamation order and declare that

Chapter 16 of the Acts of 2009,

An Act to Amend

Chapter 41 of the Acts of 2008,

An Act to Implement HRM by Design, do come into force on and not before September 8, 2010, of which all persons concerned are to take notice and govern themselves accordingly. IN TESTIMONY WHEREOF We have caused these our Letters to be made Patent and the Great Seal of Nova Scotia to be hereunto affixed. WITNESS, Our Trusty and Well Beloved Her Honour the Honourable Mayann E. Francis, Lieutenant Governor of the Province of Nova Scotia. AT Our Government House in the Halifax Regional Municipality, this 8th day of September in the year of Our Lord two thousand and ten and in the fifty-ninth year of Our Reign.

BY COMMAND: sgd: Ross Landry Provincial Secretary Minister of Justice and Attorney General

N.S. Reg. 136/2010 Royal Gazette

Part II - Regulations Vol. 34, No. 20 © NS Registry of Regulations. Web version. 1071 N.S. Reg. 136/2010 Made: September 8, 2010 Filed: September 10, 2010 Proclamation, S. 8, S.N.S. 2009, c. 26 Order in Council 2010-341 dated September 8, 2010 Proclamation made by the Governor in Council pursuant to

Section 8 of

An Act to Amend

Chapter 13 of the Acts of 1995-96, the Personal Property Security Act The Governor in Council on the report and recommendation of the Minister of Service Nova Scotia and Municipal Relations dated August 13, 2010, and pursuant to

Section 8 of

Chapter 26 of the Acts of 2009,

An Act to Amend

Chapter 13 of the Acts of 1995-96, the Personal Property Security Act, is pleased to order and declare by proclamation that

Chapter 26 of the Acts of 2009,

An Act to Amend

Chapter 13 of the Acts of 1995-96, the Personal Property Security Act, do come into force on and not before September 8, 2010. PROVINCE OF NOVA SCOTIA sgd: Mayann E. Francis G/S ELIZABETH THE SECOND, by the Grace of God, of the United Kingdom, Canada and Her Other Realms and Territories, Queen, Head of the Commonwealth, Defender of the Faith. TO ALL TO WHOM THESE PRESENTS SHALL COME, OR WHOM THE SAME MAY IN ANY WISE CONCERN, G R E E T I N G: A PROCLAMATION

WHEREAS in and by

Section 8 of

Chapter 26 of the Acts of 2009,

An Act to Amend

Chapter 13 of the Acts of 1995-96, the Personal Property Security Act, it is enacted as follows: 8 This Act comes into force on such day as the Governor in Council orders and declares by proclamation. AND

WHEREAS it is deemed expedient that

Chapter 26 of the Acts of 2009,

An Act to Amend

Chapter 13 of the Acts of 1995-96, the Personal Property Security Act, do come into force on and not before September 8, 2010; NOW KNOW YE THAT WE, by and with the advice of the Executive Council of Nova Scotia, do by this Our Proclamation order and declare that

Chapter 26 of the Acts of 2009,

An Act to Amend

Chapter 13 of the Acts of 1995-96, the Personal Property Security Act, do come into force on and not before September 8, 2010, of which all persons concerned are to take notice and govern themselves accordingly. IN TESTIMONY WHEREOF We have caused these our Letters to be made Patent and the Great Seal of Nova Scotia to be hereunto affixed. WITNESS, Our Trusty and Well Beloved Her Honour the Honourable Mayann E. Francis, Lieutenant Governor of the Province of Nova Scotia.

N.S. Reg. 136/2010 - 137/2010 Royal Gazette

Part II - Regulations Vol. 34, No. 20 1072 © NS Registry of Regulations. Web version. AT Our Government House in the Halifax Regional Municipality, this 8th day of September in the year of Our Lord two thousand and ten and in the fifty-ninth year of Our Reign. BY COMMAND: sgd: Ross Landry Provincial Secretary Minister of Justice and Attorney General N.S. Reg. 137/2010 Made: September 8, 2010 Filed: September 10, 2010 Personal Property Security Act General Regulations Order in Council 2010-342 dated September 8, 2010 Amendment to regulations made by the Governor in Council pursuant to

Section 72 of the Personal Property Security Act The Governor in Council on the report and recommendation of the Minister of Service Nova Scotia and Municipal Relations dated August 13, 2010, and pursuant to

Section 72 of

Chapter 13 of the Acts of 1995-96, the Personal Property Security Act, is pleased to amend the Personal Property Security Act General Regulations, N.S. Reg. 129/97, made by the Governor in Council by Order in Council 97-621 dated October 1, 1997, in the manner set forth in

Schedule “A” attached to and forming part of the report and recommendation, effective on and after September 8, 2010.

Schedule “A” Amendment to the Personal Property Security Act General Regulations made by the Governor in Council under

Section 72 of

Chapter 13 of the Acts of 1995-96, the Personal Property Security Act Subsection 24(1) of the Personal Property Security Act General Regulations, N.S. Reg. 129/97, made by the Governor in Council by Order in Council 97-621 dated October 1, 1997, is amended by (

a) striking out ““security”” in clause (

a) and substituting ““investment property””; and (

b) striking out ““security”” in clause (

c) and substituting ““investment property””.

N.S. Reg. 138/2010 Royal Gazette

Part II - Regulations Vol. 34, No. 20 © NS Registry of Regulations. Web version. 1073 N.S. Reg. 138/2010 Made: September 8, 2010 Filed: September 10, 2010 Proclamation, S. 138, S.N.S. 2010, c. 8 Order in Council 2010-343 dated September 8, 2010 Proclamation made by the Governor in Council pursuant to

Section 138 of the Securities Transfer Act The Governor in Council on the report and recommendation of the Minister of Service Nova Scotia and Municipal Relations dated August 13, 2010, and pursuant to

Section 138 of

Chapter 8 of the Acts of 2010, the Securities Transfer Act, is pleased to order and declare by proclamation that

Chapter 8 of the Acts of 2010, the Securities Transfer Act, do come into force on and not before September 8, 2010. PROVINCE OF NOVA SCOTIA sgd: Mayann E. Francis G/S ELIZABETH THE SECOND, by the Grace of God, of the United Kingdom, Canada and Her Other Realms and Territories, Queen, Head of the Commonwealth, Defender of the Faith. TO ALL TO WHOM THESE PRESENTS SHALL COME, OR WHOM THE SAME MAY IN ANY WISE CONCERN, G R E E T I N G: A PROCLAMATION

WHEREAS in and by

Section 138 of

Chapter 8 of the Acts of 2010, the Securities Transfer Act, it is enacted as follows: 138 This Act comes into force on such day as the Governor in Council orders and declares by proclamation. AND

WHEREAS it is deemed expedient that

Chapter 8 of the Acts of 2010, the Securities Transfer Act, do come into force on and not before September 8, 2010; NOW KNOW YE THAT WE, by and with the advice of the Executive Council of Nova Scotia, do by this Our Proclamation order and declare that

Chapter 8 of the Acts of 2010, the Securities Transfer Act, do come into force on and not before September 8, 2010, of which all persons concerned are to take notice and govern themselves accordingly. IN TESTIMONY WHEREOF We have caused these our Letters to be made Patent and the Great Seal of Nova Scotia to be hereunto affixed. WITNESS, Our Trusty and Well Beloved Her Honour the Honourable Mayann E. Francis, Lieutenant Governor of the Province of Nova Scotia.

N.S. Reg. 138/2010 - 139/2010 Royal Gazette

Part II - Regulations Vol. 34, No. 20 1074 © NS Registry of Regulations. Web version. AT Our Government House in the Halifax Regional Municipality, this 8th day of September in the year of Our Lord two thousand and ten and in the fifty-ninth year of Our Reign. BY COMMAND: sgd: Ross Landry Provincial Secretary Minister of Justice and Attorney General N.S.

Reg. 139/2010 Made: August 18, 2010 Filed: September 13, 2010 Financial Reporting and Accounting Manual Order in Council 2010-344 dated September 8, 2010 Dispensation from publication made by the Governor in Council pursuant to subsection 4(3) of the Regulations Act of an Order dated August 18, 2010 (N.S. Reg. 139/2010) made by the Minister of Service Nova Scotia and Municipal Relations pursuant to

Section 451 of the Municipal Government Act The Governor in Council on the report and recommendation of the Minister of Service Nova Scotia and Municipal Relations dated August 18, 2010, and pursuant to subsection 4(3) of

Chapter 393 of the Revised Statutes of Nova Scotia, 1989, the Regulations Act, is please[d] to dispense with the publication in the Royal Gazette,

Part II, of amendments to the Financial Reporting and Accounting Manual regulations , made by the Minister of Service Nova Scotia and Municipal Relations on August 18, 2010, pursuant to

Section 451 of

Chapter 18 of the Statutes [Acts] of Nova Scotia, 1998, the Municipal Government Act, in the form set forth in

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

N.S. Reg. 140/2010 Royal Gazette

Part II - Regulations Vol. 34, No. 20 © NS Registry of Regulations. Web version. 1075 N.S. Reg. 140/2010 Made: September 9, 2010 Filed: September 13, 2010 Prescribed Petroleum Products Prices Order dated September 9, 2010 made by the Nova Scotia Utility and Review Board pursuant to

Section 14 of the Petroleum Products Pricing Act and Sections 16 to 19 of the Petroleum Products Pricing Regulations Order NSUARB-GAS-W-10-37 In the Matter of the Petroleum Products Pricing Act - and - In the Matter of Prescribing Prices for Petroleum Products pursuant to

Section 14 of the Petroleum Products Pricing Act and Sections 16 to 19 of the Petroleum Products Pricing Regulations Before: Peter W. Gurnham, Q.C., Chair Order

Whereas the purpose of the Petroleum Products Pricing Regulations is to ensure just and reasonable prices for specified petroleum products taking into consideration the objectives of preserving the availability of such products in rural areas, stabilizing prices of such products and minimizing the variances in prices of such products across the Province; And

whereas the Nova Scotia Utility and Review Board (“Board”) considered the manner in which it would proceed to set petroleum prices in its decision, 2006 NSUARB 108, issued on October 16, 2006; And

whereas the average of the average of the daily high and low reported product prices (in Canadian cents) for the week ended September 8, 2010, are: Grade 1 Regular gasoline 53.8¢ per litre Ultra-low-sulfur diesel oil 58.5¢ per litre

Now therefore the Board prescribes the benchmark prices for petroleum products to be: Gasoline: Grade 1 53.8¢ per litre Grade 2 56.8¢ per litre Grade 3 59.8¢ per litre Ultra-low-sulfur diesel oil 58.5¢ per litre And

now therefore the Board has determined, based on historical data regarding price changes and to achieve revenue neutrality, it is appropriate to apply, and the Board so orders, forward averaging corrections of: Gasoline: nil Ultra-low-sulfur diesel oil: nil And

now therefore the Board prescribes the prices for petroleum products as set forth in

Schedule “A” effective on and after 12:01 a.m., September 10, 2010. Dated at Halifax, Nova Scotia, this 9th day of September, 2010. Sgd: Elaine Wagner Clerk of the Board

N.S. Reg. 140/2010 Royal Gazette

Part II - Regulations Vol. 34, No. 20 1076 © NS Registry of Regulations. Web version.

Schedule “A” Prices Prescribed for Petroleum Products under the Petroleum Products Pricing Act and the Petroleum Products Pricing Regulations effective on and after 12:01 a.m. on September 10, 2010 Nova Scotia Petroleum Price

Schedule Petroleum Prices in Cents/Litre Self-Service Pump Prices Full-Service Pump Prices (Pump Prices includes 15% HST) Base Wholesale Price Fed. Excise Tax Prov.

Tax Wholesale Selling Price Min Max Min Max Zone 1 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra-Low-Sulfur Diesel 60.1 63.1 66.1 64.8 10.0 10.0 10.0 4.0 15.5 15.5 15.5 15.4 85.6 88.6 91.6 84.2 103.0 106.5 109.9 101.4 104.8 108.2 111.7 103.2 103.0 106.5 109.9 101.4 999.9 999.9 999.9 999.9 Zone 2 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra-Low-Sulfur Diesel 60.5 63.5 66.5 65.2 10.0 10.0 10.0 4.0 15.5 15.5 15.5 15.4 86.0 89.0 92.0 84.6 103.5 107.0 110.4 101.9 105.2 108.7 112.1 103.6 103.5 107.0 110.4 101.9 999.9 999.9 999.9 999.9 Zone 3 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra-Low-Sulfur Diesel 61.0 64.0 67.0 65.7 10.0 10.0 10.0 4.0 15.5 15.5 15.5 15.4 86.5 89.5 92.5 85.1 104.1 107.5 111.0 102.5 105.8 109.3 112.7 104.2 104.1 107.5 111.0 102.5 999.9 999.9 999.9 999.9 Zone 4 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra-Low-Sulfur Diesel 61.0 64.0 67.0 65.7 10.0 10.0 10.0 4.0 15.5 15.5 15.5 15.4 86.5 89.5 92.5 85.1 104.1 107.5 111.0 102.5 105.8 109.3 112.7 104.2 104.1 107.5 111.0 102.5 999.9 999.9 999.9 999.9 Zone 5 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra-Low-Sulfur Diesel 61.0 64.0 67.0 65.7 10.0 10.0 10.0 4.0 15.5 15.5 15.5 15.4 86.5 89.5 92.5 85.1 104.1 107.5 111.0 102.5 105.8 109.3 112.7 104.2 104.1 107.5 111.0 102.5 999.9 999.9 999.9 999.9 Zone 6 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra-Low-Sulfur Diesel 61.8 64.8 67.8 66.5 10.0 10.0 10.0 4.0 15.5 15.5 15.5 15.4 87.3 90.3 93.3 85.9 105.0 108.4 111.9 103.4 106.7 110.2 113.6 105.1 105.0 108.4 111.9 103.4 999.9 999.9 999.9 999.9

N.S. Reg. 141/2010 Royal Gazette

Part II - Regulations Vol. 34, No. 20 © NS Registry of Regulations. Web version. 1077 N.S. Reg. 141/2010 Made: September 14, 2010 Filed: September 15, 2010 Pension Benefits Regulations Order in Council 2010-350 dated September 14, 2010 Amendment to regulations made by the Governor in Council pursuant to

Section 105 of the Pension Benefits Act The Governor in Council on the report and recommendation of the Minister of Labour and Workforce Development dated August 11, 2010, and pursuant to

Section 105 of

Chapter 340 of the Revised Statutes of Nova Scotia, 1989, the Pension Benefits Act, is pleased to amend the Pension Benefits Regulations, N.S. Reg. 164/2002, made by Order in Council 2002-607 dated December 20, 2002, to provide for solvency funding relief for municipality pension plans, university pension plans, and specified multi-employer pension plans, in the manner set forth in

Schedule “A” attached to and forming part of the report and recommendation, effective on or [and] after September 14, 2010.

Schedule “A” Amendment to the Pension Benefits Regulations made by the Governor in Council under

Section 105 of

Chapter 340 of the Revised Statutes of Nova Scotia, 1989, the Pension Benefits Act 1

Section 5 of the Pension Benefits Regulations, N.S. Reg. 164/2002, made by the Governor in Council by Order in Council 2002-607 dated December 20, 2002, is amended by (

a) adding “or

Section 6A” immediately after “Section 6” in clause (2)(c); and (

b) adding “or

Section 6A” immediately after “Section 6” in clause (3)(c). 2

(1) Subsection 6A(3) of the regulations is re pealed and the following subsection substituted:

(3) Except as provided in subsection (3A), the special payments to amortize a solvency deficiency must not be less than the following: (

a) the amount required to fully liquidate exis ting or new solvency deficiencies within 10 years of the date of the first actuarial valuation report prepared between December 30, 2008, and January 2, 2011, by equal instalments with interest at the solvency valuation interest rate; (

b) for a solvency deficiency existing before January 2, 2011, under a municipality pension plan, the amount required to liquidate that part of the solvency deficiency that is greater than 15% of the solvency liabilities within 10 years after the date of the first actuarial valuation report prepared between December 31, 2008, and January 2, 2011, by equal instalments payable monthly with interest at the solvency valuation interest rate, including interest on that part of the solvency liabilities that is equal to or less than 15% of the solvency liabilities.

(2) The regulations are further amended by a dding the following subsection immediately after subsection 6A(3):

N.S. Reg. 141/2010 Royal Gazette

Part II - Regulations Vol. 34, No. 20 1078 © NS Registry of Regulations. Web version. (3A) Special payments to amortize a solvency deficiency existing before January 2, 2011, under a university pension plan may be paid as follows: (

a) payments may be omitted in the first year of the 3-year period beginning with the first actuarial valuation report prepared between December 30, 2008, and January 2, 2011; and (

b) payments made after the first year of the 3-year period must not be less than the amount required to fully liquidate the outstanding balance of the solvency deficiency over the next 9 years, by equal instalments with interest at the solvency valuation interest rate.

(3) Subclause 6A(5)(d)(ii) of the regulations is am ended by adding “or subsection (3A)” immediately after “subsection (3)”. 3

(1) Subsection 8A(2) of the regulations is amende d by striking out “November 1, 2010” and substituting “January 2, 2011”.

(2) Subsection 8A(3) of the regulations is re pealed and the following subsection substituted:

(3) An administrator of a specified multi-employer pension plan may make an election under subsection (2) as follows: (

a) once for an actuarial valuation report with a valuation date after October 31, 2007, and before November 1, 2010; and (

b) once for an actuarial valuation report with a valuation date after October 31, 2010, and before January 2, 2011.

(3) The regulations are further amended by a dding the following subsections immediately after subsection 8A(4): (4A) If a report filed pursuant to

Section 4, 12 or 13 for a specified multi-employer pension plan discloses a solvency deficiency, the solvency deficiency may be liquidated under this

Section instead of as required by subclause 6(1)(d)(i). (4B) Special payments to amortize a solvency deficiency existing before January 2, 2011, under a specified multi-employer pension plan may be paid as follows: (

a) payments may be omitted in the first year of the 3-year period beginning with the first actuarial valuation report prepared between October 31, 2007, and January 2, 2011; and (

b) payments made after the first year of the 3-year period must not be less than the amount required to fully liquidate the outstanding balance of the solvency deficiency over the next 9 years, by equal instalments with interest at the solvency valuation interest rate. 4 Subclause 13(2)(g)(iii) of the regulations is repealed and the following subclause substituted: (iii) subject to clause (iv), if there is a solvency deficiency, not including any solvency deficiency included in item (ii), the amount of any solvency deficiency, the special payments required in order to liquidate the solvency deficiency by the following applicable time periods and the resulting adjustment in the

schedule of other future special payments under the plan:

N.S. Reg. 141/2010 Royal Gazette

Part II - Regulations Vol. 34, No. 20 © NS Registry of Regulations. Web version. 1079 (

A) over a term not exceeding 5 years from the date of the earliest solvency valuation in which the solvency deficiency was determined, (

B) for special payments made in accordance with

Section 6A, over a term not exceeding 10 years from the date of the first actuarial report prepared between December 30, 2008, and January 2, 2011, (

C) for a specified multi-employer pension plan for which an election is made under subsection 8A(2), over a term not exceeding 9 years from the end of the first year after the solvency valuation in which the solvency deficiency was determined. 5 Subsection 19(9) of the regulations is amended by a dding “, other than a pension plan for which special payments are made under clause 6A(3)(

b) or subsection 6A(3A),” immediately after “If a pension plan”.

Document details

Collection	Nova Scotia — Gazette
Citation	N.S. Reg. 139/2010
Date	2010-01-01
Type	gazette
Volume / chapter	just regulations rg2 2010 se2410
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	fbf36c973dae2431149a107be3fce104bb55aa65

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