Prescribed Petroleum Products Prices (N.S. Reg. 82/2014) (just regulations rg2 2014 jn2714)

N.S. Reg. 82/2014

Nova Scotia — Gazette

Part II Regulations under the Regulations Act Printed by the Queen’s Printer Halifax, Nova Scotia Vol. 38, No. 13 June 27, 2014 Contents Act Reg. No.

Page Dairy Industry Act F l u i d D a i r y P r i c i n g R e g u l a t i o n s – a m e n d m e n t ................................... 8 4 /2014 202 S c h e d u l e 1 – 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................................... 8 5 /2014 203 Expropriation Act R e g u l a t i o n s R e s p e c t i n g E x p r o p r i a t i o n P r o c e d u r e s – a m e n d m e n t ..................... 8 9 /2014 211 Income Tax Act N o v a S c o t i a A f f o r d a b l e L i v i n g T a x C r e d i t R e g u l a t i o n s – a m e n d m e n t ................. 8 6 /2014 204 Language Schools Act Proclamation of Act, S. 26, S.N.S. 2013, c. 5 ................................... 8 7 / 2014 205 Language Schools General Regulations ........................................ 8 8 / 2014 206 Notaries and Commissioners Act Proclamation of amendments to Act, S. 2, S.N.S. 2014, c. 22 ....................... 9 0 / 2014 212 Petroleum Products Pricing Act Prescribed Petroleum Products Prices ......................................... 8 2 / 2014 198 Prescribed Petroleum Products Prices ......................................... 8 3 / 2014 200 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. © NS Registry of Regulations. Web version. 197

N.S. Reg. 82/2014 Royal Gazette

Part II - Regulations Vol. 38, No. 13 N.S. Reg. 82/2014 Made: June 5, 2014 Filed: June 6, 2014 Prescribed Petroleum Products Prices Order dated June 5, 2014 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-14-24 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 Board revised the retail margin and transportation allowance effective January 6, 2012, in its decision, 2011 NSUARB 181, issued on November 23, 2011; And

whereas the Board revised the wholesale margin effective January 4, 2013, in its decision 2012 NSUARB 213, issued on December 12, 2012; And

whereas the average of the average of the daily high and low reported product prices (in Canadian cents) for the week ended June 4, 2014, are: Grade 1 Regular gasoline 81.7¢ per litre Ultra-low-sulfur diesel oil 82.8¢ per litre

Now therefore the Board prescribes the benchmark prices for petroleum products to be: Gasoline: Grade 1 81.7¢ per litre Grade 2 84.7¢ per litre Grade 3 87.7¢ per litre Ultra-low-sulfur diesel oil 82.8¢ 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 0.4¢ per litre Ultra-low-sulfur diesel oil: minus 0.6¢ 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., June 6, 2014. 198 © NS Registry of Regulations. Web version.

N.S. Reg. 82/2014 Royal Gazette

Part II - Regulations Vol. 38, No. 13 Dated at Halifax, Nova Scotia, this 5th day of June, 2014. Sgd: D. Pedlar Clerk of the Board

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 June 6, 2014 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 88.5 91.5 94.5 89.4 10.0 10.0 10.0 4.0 15.5 15.5 15.5 15.4 114.0 117.0 120.0 108.8 136.6 140.1 143.5 130.6 138.7 142.1 145.6 132.7 136.6 140.1 143.5 130.6 999.9 999.9 999.9 999.9 Zone 2 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra-Low-Sulfur Diesel 89.0 92.0 95.0 89.9 10.0 10.0 10.0 4.0 15.5 15.5 15.5 15.4 114.5 117.5 120.5 109.3 137.2 140.6 144.1 131.2 139.3 142.7 146.2 133.3 137.2 140.6 144.1 131.2 999.9 999.9 999.9 999.9 Zone 3 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra-Low-Sulfur Diesel 89.4 92.4 95.4 90.3 10.0 10.0 10.0 4.0 15.5 15.5 15.5 15.4 114.9 117.9 120.9 109.7 137.7 141.1 144.6 131.7 139.7 143.2 146.6 133.7 137.7 141.1 144.6 131.7 999.9 999.9 999.9 999.9 Zone 4 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra-Low-Sulfur Diesel 89.5 92.5 95.5 90.4 10.0 10.0 10.0 4.0 15.5 15.5 15.5 15.4 115.0 118.0 121.0 109.8 137.8 141.2 144.7 131.8 139.8 143.3 146.7 133.9 137.8 141.2 144.7 131.8 999.9 999.9 999.9 999.9 Zone 5 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra-Low-Sulfur Diesel 89.5 92.5 95.5 90.4 10.0 10.0 10.0 4.0 15.5 15.5 15.5 15.4 115.0 118.0 121.0 109.8 137.8 141.2 144.7 131.8 139.8 143.3 146.7 133.9 137.8 141.2 144.7 131.8 999.9 999.9 999.9 999.9 Zone 6 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra-Low-Sulfur Diesel 90.2 93.2 96.2 91.1 10.0 10.0 10.0 4.0 15.5 15.5 15.5 15.4 115.7 118.7 121.7 110.5 138.6 142.0 145.5 132.6 140.6 144.1 147.5 134.7 138.6 142.0 145.5 132.6 999.9 999.9 999.9 999.9 © NS Registry of Regulations.

Web version. 199

N.S. Reg. 83/2014 Royal Gazette

Part II - Regulations Vol. 38, No. 13 N.S. Reg. 83/2014 Made: June 12, 2014 Filed: June 13, 2014 Prescribed Petroleum Products Prices Order dated June 12, 2014 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-14-25 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 Board revised the retail margin and transportation allowance effective January 6, 2012, in its decision, 2011 NSUARB 181, issued on November 23, 2011; And

whereas the Board revised the wholesale margin effective January 4, 2013, in its decision 2012 NSUARB 213, issued on December 12, 2012; And

whereas the average of the average of the daily high and low reported product prices (in Canadian cents) for the week ended June 11, 2014, are: Grade 1 Regular gasoline 81.8¢ per litre Ultra-low-sulfur diesel oil 83.0¢ per litre

Now therefore the Board prescribes the benchmark prices for petroleum products to be: Gasoline: Grade 1 81.8¢ per litre Grade 2 84.8¢ per litre Grade 3 87.8¢ per litre Ultra-low-sulfur diesel oil 83.0¢ 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., June 13, 2014. 200 © NS Registry of Regulations. Web version.

N.S. Reg. 83/2014 Royal Gazette

Part II - Regulations Vol. 38, No. 13 Dated at Halifax, Nova Scotia, this 12th day of June, 2014. Sgd: Elaine Wagner Clerk of the Board

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.

Web version. 201

N.S. Reg. 84/2014 Royal Gazette

Part II - Regulations Vol. 38, No. 13 N.S. Reg. 84/2014 Made: June 11, 2014 Filed: June 16, 2014 Fluid Dairy Pricing Regulations Order dated June 11, 2014 Amendment to regulations made by the Natural Products Marketing Council pursuant to clauses 9(

c) and (

d) of the Dairy Industry Act Natural Products Marketing Council I certify that the Natural Products Marketing Council, pursuant to

Section 9 of

Chapter 24 of the Acts of 2000, the Dairy Industry Act, at its meeting on June 11, 2014, carried a motion to amend the Fluid Dairy Pricing Regulations, N.S. Reg. 95/2003, made by the Natural Products Marketing Council on April 8, 2003, in the manner set forth in the attached

Schedule “A”, effective on and after June 11, 2014. Signed at Truro, in the County of Colchester, Nova Scotia on June 12, 2014. Natural Products Marketing Council per: E. A. Crouse Elizabeth A. Crouse General Manager

Schedule “A” Amendment to the Fluid Dairy Pricing Regulations made by the Natural Products Marketing Council under clauses 9(

c) and (

d) of

Chapter 24 of the Acts of 2000, the Dairy Industry Act

Section 2 of the Fluid Dairy Pricing Regulations, N.S. Reg. 95/2003, made by the Natural Products Marketing Council on April 8, 2003, is amended by (

a) adding the following rows immediately under the row beginning “500 ml” in clause (a) : 473 ml .72 425 ml .68 (

b) adding the following rows immediately under the row beginning “500 ml” in clause (b): 473 ml .72 425 ml .68 (

c) adding the following rows immediately under the row beginning “500 ml” in clause (c) : 473 ml .72 425 ml .68 (

d) adding the following rows immediately under the row beginning “500 ml” in clause (d): 473 ml .78 425 ml .77 202 © NS Registry of Regulations. Web version.

N.S. Reg. 85/2014 Royal Gazette

Part II - Regulations Vol. 38, No. 13 N.S. Reg. 85/2014 Made: June 11, 2014 Filed: June 16, 2014

Schedule 1–General Regulations Order dated June 11, 2014 Amendment to regulations made by the Natural Products Marketing Council pursuant to

Section 9 of the Dairy Industry Act Natural Products Marketing Council I certify that the Natural Products Marketing Council, pursuant to

Section 9 of

Chapter 24 of the Acts of 2000, the Dairy Industry Act, at its meeting on June 11, 2014, carried a motion to amend

Schedule 1–General Regulations, N.S. Reg. 198/89, made by the Nova Scotia Dairy Commission on August 11, 1989, in the manner set forth in the attached

Schedule “A” Amendment to

Schedule 1–General Regulations made by the Natural Products Marketing Council under

Section 9 of

Chapter 24 of the Acts of 2000, the Dairy Industry Act Clause 22(1)(

b) of

Schedule 1–General Regulations, N.S. Reg. 198/89, made by the Nova Scotia Dairy Commission on August 11, 1989, is amended by (

a) renumbering subclauses (viii) to (xiv) as s ubclauses (

x) to (xvi), respectively; and (

b) adding the following subclauses immediately after subclause (vii): (viii) 473 ml (ix) 425 ml © NS Registry of Regulations. Web version. 203

N.S. Reg. 86/2014 Royal Gazette

Part II - Regulations Vol. 38, No. 13 N.S. Reg. 86/2014 Made: June 17, 2014 Filed: June 17, 2014 Nova Scotia Affordable Living Tax Credit Regulations Order in Council 2014-211 dated June 17, 2014 Amendment to regulations made by the Governor in Council pursuant to

Section 80 of the Income Tax Act The Governor in Council on the report and recommendation of the Minister of Finance and Treasury Board dated May 21, 2014, and pursuant to

Section 80 of

Chapter 217 of the Revised Statutes of Nova Scotia, 1989, the Income Tax Act, is pleased to amend the Nova Scotia Affordable Living Tax Credit Regulations, N.S. Reg. 178/2013, made by the Governor in Council by Order in Council 2013-106 dated March 28, 2013, to prescribe the deemed payment amounts for 2012 and following tax years and the payments issued to shared-custody parents, and to replace the definition of “eligible spouse” and the threshold for advance payment in the manner set forth in

Schedule “A” attached to and forming part of the report and recommendation, effective on and after June 17, 2014.

Schedule “A” Amendment to the Nova Scotia Affordable Living Tax Credit Regulations made by the Governor in Council pursuant to subsection 80(1) of

Chapter 217 of the Revised Statutes of Nova Scotia, 1989, the Income Tax Act 1

Section 2 of the Nova Scotia Affordable Living Tax Credit Regulations, N.S. Reg. 178/2013, made by the Governor in Council by Order in Council 2013-106 dated March 28, 2013, is amended by (

a) striking out the definition of “eligible spouse”; (

b) adding the following definition immediately af ter the definition of “qualified dependant”: “qualified relation” of an individual means a qualified relation as defined in subsection 122.5(1) of the Act; (

c) striking out the period at the end of the defin ition of “return of income” and substituting a semicolon; and (

d) adding the following definition immediately after the definition of “return of income”: “shared-custody parent” means a shared-custody parent as defined in

section 122.6 of the Act, but with “qualified dependant” in that

section having the meaning assigned by subsection 122.5(1) of the Act. 2

Section 3 of the regulations is amended by striki ng out “taxation year” where it appears in subclauses (a)(iii) and (b)(iii) and substituting “and subsequent taxation years”. 3 The regulations are further amended by adding the following

Section immediately after

Section 3: Shared-custody parent 3A If an eligible individual is a shared-custody parent in respect of 1 or more qualified dependants at the beginning of a month specified for a taxation year, the amount deemed by

Section 3 to have been paid during that month is equal to the amount determined by the formula 1/2 × (A+B), in which 204 © NS Registry of Regulations. Web version.

N.S. Reg. 86/2014 - 87/2014 Royal Gazette

Part II - Regulations Vol. 38, No. 13 (

a) A is the amount determined by the formula in

Section 3, calculated without reference to this Section; and (

b) B is the amount determined by the formula in

Section 3, calculated without reference to this

Section and subparagraph (b)(ii) of the definition of “eligible individual” in

section 122.6 of the Act. 4

Section 4 of the regulations is amended by striking out “, except that the references to an amount expressed in dollars in subsection 122.5(3.1) must be read as a reference to $10”. 5

(1) The heading to

Section 7 of the regulations is amended by striking out “spouse” and substituting “qualified relation”.

(2) Section 7 of the regulations is amended by (

a) striking out “an eligible spouse” and substituting “a qualified relation”; (

b) striking out “the eligible spouse” a nd substituting “the qualified relation”; and (

c) striking out “eligible spouse’s” and substituting “qualified relation’s”. 6

Section 8 of the regulations is amended by striki ng out “an eligible spouse” and substituting “a qualified relation”. N.S. Reg. 87/2014 Made: June 17, 2014 Filed: June 17, 2014 Proclamation, S. 26, S.N.S. 2013, c. 5 Order in Council 2014-213 dated June 17, 2014 Proclamation made by the Governor in Council pursuant to

Section 26 of the Language Schools Act The Governor in Council on the report and recommendation of the Minister of Labour and Advanced Education dated April 15, 2014, and pursuant to

Section 26 of

Chapter 5 of the Acts of 2013, the Language Schools Act, is pleased to order and declare by proclamation that

Chapter 5 of the Acts of 2013, the Language Schools Act, do come into force on and not before June 17, 2014. PROVINCE OF NOVA SCOTIA sgd: J.A. Jamie W.S. Saunders 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: © NS Registry of Regulations. Web version. 205

N.S. Reg. 87/2014 - 88/2014 Royal Gazette

Part II - Regulations Vol. 38, No. 13 A PROCLAMATION

WHEREAS in and by

Section 26 of

Chapter 5 of the Acts of 2013, the Language Schools Act, it is enacted as follows: 26 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 5 of the Acts of 2013, the Language Schools Act, do come into force on and not before June 17, 2014; 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 5 of the Acts of 2013, the Language Schools Act, do come into force on and not before June 17, 2014, 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 His Honour the Honourable Jamie W.S. Saunders, Administrator of the Government of the Province of Nova Scotia.

AT Our Law Courts in the Halifax Regional Municipality, this 17th day of June in the year of Our Lord two thousand and fourteen and in the sixty-third year of Our Reign. BY COMMAND: sgd: Lena Metlege Diab Provincial Secretary Minister of Justice and Attorney General N.S. Reg. 88/2014 Made: June 17, 2014 Filed: June 17, 2014 Language Schools General Regulations Order in Council 2014-214 dated June 17, 2014 Regulations made by the Governor in Council pursuant to

Section 25 of the Language Schools Act The Governor in Council on the report and recommendation of the Minister of Labour and Advanced Education dated May 1, 2014, and pursuant to

Section 25 of

Chapter 5 of the Acts of 2013, the Language Schools Act, is pleased to make general regulations respecting the criteria for registration, advertising, student services, tuition, and financial protection of language schools, in the form set forth in

Schedule “A” attached to and forming part of the report and recommendation, effective on and after June 17, 2014. 206 © NS Registry of Regulations. Web version.

N.S. Reg. 88/2014 Royal Gazette

Part II - Regulations Vol. 38, No. 13

Schedule “A” Regulations Respecting Language Schools made by [the] Governor in Council under

Section 25 of

Chapter 5 of the Acts of 2013, the Language Schools Act Citation 1 These regulations may be cited as the Language Schools General Regulations.

Definitions for Act and regulations 2( 1 ) In the Act and its regulations, “affected party” means a party directly impacted by a decision or administrative sanction issued by the Director and listed in subsection 15(1) of the Act; “third party sponsor” means a person, agency, association, government or corporation that (

i) has a written contract with a school to provide for an international student to enroll in a program, and (ii) has paid fees on behalf of the international student.

(2) In these regulations, “Act” means the Language Schools Act; “approved accreditation agency” means an agency that provides accreditation for language schools and language programs and that is approved by the Minister and listed in the Language Schools Accreditation and Accountability Regulations made under the Act; “accredited program” means a language program accredited by an approved accreditation agency; “refund policy” means the policy for refunding tuition and other fees established by the school in accordance with

Section 9; “registered school” means a language school that is registered under the Act and these regulations. Registration criteria 3 In addition to the criteria required in the Act, a language school must meet all of the following criteria to be eligible for registration as a language school under the Act and these regulations: (

a) the operator must be in complian ce with the Act and its regulations; (

b) the operator must be financially solvent a nd not be likely to become insolvent in the foreseeable future; (

c) the operator must be accredited by an approve d accreditation agency or, if the school is less than 2 years old, be in the process of being accredited by an approved accreditation agency; (

d) the operator must demonstrate that any acco mmodations available for international students are adequate; (

d) an operator must provide sufficient materials for the number of students; © NS Registry of Regulations. Web version. 207

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Part II - Regulations Vol. 38, No. 13 (

f) the school’s policies and procedures must c onform to the usual accepted standard for a language school; (

g) the operator and any officer, director, partner, manager or principal for the operator, must not have been convicted of an indictable offence in the 5 years immediately before the date of application or be subject to criminal sanctions for a conviction on an indictable offence on the date of application; (

h) the operator must not have declared bankruptcy in the 5 years immediately before the date of application. Conditions on registration 4( 1 ) A certificate of registration issued for a language school that is in the process of becoming accredited as permitted by clause 3(c), is conditional on the school obtaining its accreditation no later than 2 years from the date of the initial application for registration.

(2) The Director may direct a change to the operation of a registered school at any time.

(3) A school must comply with any direction made under subsection (2), or a condition or restriction attached to a certificate of registration under subsection 9(1) of the Act, before the end of the current registration period and before a renewal of its registration can be issued. Change of corporate ownership 5 Any of the following constitutes a change of corporate ownership that is required to be reported under clause 12(

d) of the Act: (

a) if the registered school is a corporation, any change of officers, directors or shareholders holding voting shares of the corporation; (

b) if the registered school is a part nership, any change of partners; (

c) any change in the operation of the registered school resulting in a material difference from that described in the initial application; (

d) any proposed change of operator. Student services 6( 1 ) A registered school must always have an individual assigned as an international student adviser who is responsible for at least the following: (

a) providing each student with a community orientation; (

b) reporting to the Director on each student with respect to the following (

i) start and end dates, (ii) completion of accredited program, (iii) withdrawal from or abandonment of the accredited program, (iv) pass or failure of accredited program, (

v) final score on any language examination taken, 208 © NS Registry of Regulations. Web version.

N.S. Reg. 88/2014 Royal Gazette

Part II - Regulations Vol. 38, No. 13 (vi) identifying information for the student in cluding name, country of origin, gender and birth date.

(2) A registered school must ensure that an international student adviser is available for its international students at all reasonable times. Requirements for advertising 7( 1 ) Advertising relating to a registered school must include the name and location of the school.

(2) A person must not use the words “Registered under the Language Schools Act, Province of Nova Scotia” in an advertisement for a registered school unless the school holds a certificate of registration. Refund of student fees 8( 1 ) If a language school does not hold a certificate of registration at the time a student contract is entered into, an operator must refund all amounts paid to the school by or on behalf of the international student who entered the contract.

(2) If the Director considers that an operator has failed to fully deliver an accredited program, the Director may require the operator to do either of the following: (

a) refund an amount determined by the Director of the tuition fees and the cost of materials to international students and third party sponsors; (

b) make up the deficiency in the program.

(3) Refunds must otherwise be provided as established in the school’s refund policy.

(4) Nothing in this

Section limits in any way the rights and remedies that an international student otherwise has with respect to an operator’s breach of contract with the student. Refund policy 9( 1 ) The refund policy required by clause 6(e)(iii) of the Act must ensure a fair, equitable and transparent procedure, as determined by the Director, for terminating a student contract and for the refund of tuition and other fees.

(2) An operator must comply with their registered school’s refund policy.

(3) A copy of a refund policy must be forwarded to the Director (

a) on the Director’s request; or (

b) as soon as practicable after any changes are made to the policy.

(4) A refund policy must include all of the following: (

a) the grounds, procedure and notice requireme nts for terminating a student contract; (

b) the eligibility criteria for a receiving a refund of tuition and other fees; (

c) the school official to whom a refund request must be made; (

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e) how the amount of the refund is determined and returned to the international student or third party sponsor; (

f) the registered school’s protocol for paying the refund to a third-party sponsor or international student.

(5) An operator must maintain a record of all refund requests and the associated payouts, and make the record available to the Director on request. Surety bond 10

(1) Subject to the minimum and maximum in subsection (2), a surety bond required by clause 6(

g) of the Act must be in an amount equal to the following: (

a) for an existing registered school, the product of the number of international students enrolled in the school multiplied by the tuition fee per student; (

b) for a new registered school, the product of the number of international student places multiplied by the tuition fee per student.

(2) The minimum amount of a surety bond is $10 000 and the maximum amount is $75 000.

(3) Despite subsections (1) and (2), the surety bond may be eliminated for a registered school if all of the following conditions have been met for each of the previous 5 years: (

a) the operator was continuously accredite d by an approved accreditation agency; (

b) the operator was solvent; (

c) the operator did not violate the Act or its regulations.

(4) The Director may access the surety bond if the operator fails to immediately pay any amount owing to an international student or third party sponsor arising out of a student contract, or any other refund owed.

(5) An international student or third party sponsor who has a claim against an operator for failing to pay an amount under subsection (4) may make a claim against the surety bond by notifying the Director in writing.

(6) If the total of all claims made against a surety bond exceeds the amount recovered under the bond, the claimants must be paid on a proportional basis.

(7) An operator must maintain the required security bond in full force and effect. Surety bond delivered to person bound by it 11 The Director may deliver a surety bond to the person bound by it if either of the following occurs, 1 year after it occurs: (

a) a surety bond is cancelled; (

b) a language school’s certificate of registra tion is revoked and the surety bond has not been forfeited. 210 © NS Registry of Regulations. Web version.

N.S. Reg. 88/2014 - 89/2014 Royal Gazette

Part II - Regulations Vol. 38, No. 13 Disclosure of complaint information to operator 12

(1) The information received respecting an alleged violation of the Act or regulations required to be disclosed to an operator under clause 14(4)(

b) of the Act must be in form of a true copy.

(2) In the clause 14(4)(

b) of the Act and this Section, “information received respecting the alleged violation of the Act or the regulations” does not include any of the following: (

a) information that is determined by the Director to be extraneous or irrelevant to the allegation; (

b) allegations of criminal activity or concerns regarding public safety that are referred by the Director to the appropriate authority. Displaying registration information 13 In addition to displaying the school’s certificate of registration at each of the registered school’s campuses as required by subsection 7(4) of the Act, a registered school must post notice of its certificate on the home page of any website for the school, and include a link to the content of the certificate, including all conditions and restrictions.

Methods for providing notice 14 Unless otherwise specified in the Act, notice required under the Act and its regulations must be in writing and made by 1 of the following methods: (

a) mail, postage prepaid; (

b) courier or other hand delivery. N.S. Reg. 89/2014 Made: June 17, 2014 Filed: June 17, 2014 Regulations Respecting Expropriation Procedures Order in Council 2014-216 dated June 17, 2014 Amendment to regulations made by the Governor in Council pursuant to subsection 7(4) and

Section 66 of the Expropriation Act The Governor in Council on the report and recommendation of the Minister of Justice dated May 14, 2014, and pursuant to subsection 7(4) and

Section 66 of

Chapter 156 of the Revised Statues [Statutes] of Nova Scotia, the Expropriation Act, is pleased to amend the Regulations Respecting Expropriation Procedures, N.S. Reg. 103/74, made by the Governor in Council by Order in Council 74-1366 dated December 19, 1974, in the manner set forth in

Schedule “A” attached to and forming part of the report and recommendation, effective on and after June 17, 2014.

Schedule “A” Amendment to the Regulations Respecting Expropriation Procedures made by the Governor in Council under subsection 7(4) and

Section 66 of

Chapter 156 of the Revised Statutes of Nova Scotia, [1989,] the Expropriation Act

Section 2 of the Regulations Respecting Expropriation Procedures, N.S. Reg. 103/74, made by the Governor in Council by Order in Council 74-1366 dated December 19, 1974, is amended by adding “an approved applicant as defined in the Maritime Link Act,” immediately after “Nova Scotia Power Corporation,”. © NS Registry of Regulations. Web version. 211

N.S. Reg. 90/2014 Royal Gazette

Part II - Regulations Vol. 38, No. 13 N.S. Reg. 90/2014 Made: June 17, 2014 Filed: June 17, 2014 Proclamation, S. 2, S.N.S. 2014, c. 22 Order in Council 2014-217 dated June 17, 2014 Proclamation made by the Governor in Council pursuant to

Section 2 of

An Act to Amend

Chapter 312 of the Revised Statutes, 1989, the Notaries and Commissioners Act The Governor in Council on the report and recommendation of the Minister of Justice dated May 23, 2014, and pursuant to

Section 2 of

Chapter 22 of the Acts of 2014,

An Act to Amend

Chapter 312 of the Revised Statutes, 1989, the Notaries and Commissioners Act, is pleased to order and declare by proclamation that

Chapter 22 of the Acts of 2014,

An Act to Amend

Chapter 312 of the Revised Statutes, 1989, the Notaries and Commissioners Act, do come into force on and not before June 30, 2014. PROVINCE OF NOVA SCOTIA sgd: J.A. Jamie W.S. Saunders G/S ELIZABETH THE SECOND, by the Grace of God, of the United Kingdom, Canada and Her Other Realms and Territories, Queen, Head of the Commonwealth, Defender of the Faith. TO ALL TO WHOM THESE PRESENTS SHALL COME, OR WHOM THE SAME MAY IN ANY WISE CONCERN, G R E E T I N G: A PROCLAMATION

WHEREAS in and by

Section 2 of

Chapter 22 of the Acts of 2014,

An Act to Amend

Chapter 312 of the Revised Statutes, 1989, the Notaries and Commissioners Act, it is enacted as follows: 2 This Act comes into force on such day as the Governor in Council orders and declares by proclamation. AND

WHEREAS it is deemed expedient that

Chapter 22 of the Acts of 2014,

An Act to Amend

Chapter 312 of the Revised Statutes, 1989, the Notaries and Commissioners Act, do come into force on and not before June 30, 2014; 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 22 of the Acts of 2014,

An Act to Amend

Chapter 312 of the Revised Statutes, 1989, the Notaries and Commissioners Act, do come into force on and not before June 30, 2014, 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 His Honour the Honourable Jamie W.S. Saunders, Administrator of the Government of the Province of Nova Scotia. 212 © NS Registry of Regulations. Web version.

N.S. Reg. 90/2014 Royal Gazette

Part II - Regulations Vol. 38, No. 13 AT Our Law Courts in the Halifax Regional Municipality, this 17th day of June in the year of Our Lord two thousand and fourteen and in the sixty-third year of Our Reign. BY COMMAND: sgd: Lena Metlege Diab Provincial Secretary Minister of Justice and Attorney General © NS Registry of Regulations. Web version. 213

Document details

Collection	Nova Scotia — Gazette
Citation	N.S. Reg. 82/2014
Date	2014-01-01
Type	gazette
Volume / chapter	just regulations rg2 2014 jn2714
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	fd94288d6b122676b13261d55c5bba820857411e

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