Contents Act Reg. No. Page · 6/21/2019 · N.S. Reg. 72/2019 . Royal Gazette Part II -...

Volume 43, No. 13 June 21, 2019

Part II Halifax, Nova Scotia Regulations under the Regulations Act Printed by the Queen’s Printer

Contents Act Reg. No. Page

Canadian Free Trade Agreement Implementation Act Regulatory Authorities Designation Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72/2019 208

Expropriation Act Tariff of Costs Regulations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78/2019 223

Municipal Government Act Determination of Boundaries Order: Town of Annapolis Royal and Municipality of

the County of Annapolis . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81/2019 230

Nursing Act Proclamation of Act, S. 189, S.N.S. 2019, c. 8–S. 1, 2, 3(3), 3(4), 4, 5, 7 and 9–188 . . . . . 75/2019 214 Nursing Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76/2019 215 Regulatory Committees Public Representatives Appointment Regulations. . . . . . . . . . . . . 77/2019 222

Petroleum Products Pricing Act Prescribed Petroleum Products Prices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73/2019 210 Prescribed Petroleum Products Prices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74/2019 212 Prescribed Petroleum Products Prices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82/2019 232

Public Utilities Act Approvals of Natural Gas Transportation Contracts Regulations . . . . . . . . . . . . . . . . . . . . 80/2019 229

Senior Citizens’ Property Tax Rebate Act Proclamation of Act, S. 19, S.N.S. 2018, c. 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79/2019 228

Summary Proceedings Act Summary Offence Tickets Regulations–amendment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83/2019 234

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 Office of the Registrar of Regulations. Web version. 207

N.S. Reg. 72/2019 Royal Gazette Part II - Regulations Vol. 43, No. 13

N.S. Reg. 72/2019 Made: May 31, 2019 Filed: May 31, 2019

Regulatory Authorities Designation Regulations

Order in Council 2019-154 dated May 31, 2019 Regulations made by the Governor in Council

pursuant to clause 23(2)(a) of the Canadian Free Trade Agreement Implementation Act

The Governor in Council on the report and recommendation of the Minister of Labour and Advanced Education dated February 7, 2019, and pursuant to clause 23(2)(a) of Chapter 23 of the Acts of 2018, the Canadian Free Trade Agreement Implementation Act, is pleased to make regulations designating regulatory authorities for the purposes of the Act, in the form set forth in Schedule “A” attached to and forming part of the report and recommendation, effective on and after May 31, 2019.

Schedule “A”

Regulations Respecting the Designation of Regulatory Authorities made by the Governor in Council under Section 23

of Chapter 23 of the Acts of 2018, the Canadian Free Trade Agreement Implementation Act

Citation 1 These regulations may be cited as the Regulatory Authorities Designation Regulations.

Designated regulatory authorities 2 (1) All of the following bodies are designated as regulatory authorities for the purposes of the Canadian

Free Trade Agreement Implementation Act:

Association of Interior Designers of Nova Scotia Association of Nova Scotia Land Surveyors Association of Professional Engineers of the Province of Nova Scotia Association of Professional Geoscientists of Nova Scotia Board of Registration of Embalmers and Funeral Directors Chartered Professional Accountants Nova Scotia College of Dental Hygienists of Nova Scotia College of Licensed Practical Nurses of Nova Scotia College of Occupational Therapists of Nova Scotia College of Paramedics Nova Scotia College of Physicians and Surgeons of Nova Scotia College of Registered Nurses of Nova Scotia Cosmetology Association of Nova Scotia Denturist Licensing Board Licensed Professional Planners Association of Nova Scotia Midwifery Regulatory Council of Nova Scotia Nova Scotia Association of Architects Nova Scotia Association of Medical Radiation Technologists Nova Scotia Association of Real Estate Appraisers Nova Scotia College of Social Workers Nova Scotia Barristers’ Society Nova Scotia Board of Examiners in Psychology Nova Scotia College of Chiropractors

© NS Office of the Registrar of Regulations. Web version.208


Nova Scotia College of Counselling Therapists Nova Scotia College of Dispensing Opticians Nova Scotia College of Medical Laboratory Technologists Nova Scotia College of Optometrists Nova Scotia College of Pharmacists Nova Scotia College of Physiotherapists Nova Scotia College of Respiratory Therapists Nova Scotia Dental Technicians Association Nova Scotia Dietetic Association Nova Scotia Institute of Agrologists Nova Scotia Real Estate Commission Nova Scotia Registered Barbers Association Nova Scotia Registered Music Teachers Association Nova Scotia Securities Commission Nova Scotia Veterinary Medical Association Provincial Dental Board of Nova Scotia Public Accountants Board of the Province of Nova Scotia Registered Professional Foresters Association of Nova Scotia Society of Certified Engineering Technicians and Technologists of Nova Scotia

(2) All of the following persons are designated as regulatory authorities for the purposes of the Canadian Free Trade Agreement Implementation Act:

Minister of Education and Early Childhood Development Minister of Environment Minister of Finance and Treasury Board Minister of Labour and Advanced Education Minister of Lands and Forestry



N.S. Reg. 73/2019 Made: May 30, 2019 Filed: May 31, 2019

Prescribed Petroleum Products Prices

Order dated May 30, 2019 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 M09233

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: Jennifer L. Nicholson, CPA, CA, Member

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 product prices in its decision, 2006 NSUARB 108, issued on October 16, 2006;

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 Board revised the retail margin and the transportation allowance effective October 28, 2016, in its decision, 2016 NSUARB 168, issued on September 26, 2016;

And whereas the average of the average of the daily high and low reported product prices (in Canadian cents) for the week ended May 29, 2019, are:

Grade 1 Regular gasoline 65.74¢ per litre Ultra-low-sulfur diesel oil 70.17¢ per litre

Now therefore the Board prescribes the benchmark prices for petroleum products to be:

Gasoline: Grade 1 65.74¢ per litre Grade 2 68.74¢ per litre Grade 3 71.74¢ per litre

Ultra-low-sulfur diesel oil 70.17¢ 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 0.8¢ per litre Ultra-low-sulfur diesel oil: minus 0.7¢ 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., May 31, 2019.



Dated at Halifax, Nova Scotia, this 30th day of May, 2019.

sgd: Bruce A. Kiley 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 May 31, 2019

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 73.13 10.0 15.5 98.63 119.3 121.5 119.3 999.9 Mid-Grade Unleaded 76.13 10.0 15.5 101.63 122.7 124.9 122.7 999.9 Premium Unleaded 79.13 10.0 15.5 104.63 126.2 128.4 126.2 999.9 Ultra-Low-Sulfur Diesel 77.92 4.0 15.4 97.32 117.8 120.0 117.8 999.9








N.S. Reg. 74/2019 Made: June 4, 2019 Filed: June 5, 2019


Order dated June 4, 2019 made by the Nova Scotia Utility and Review Board


Order M09244


- and -


Before: Jennifer L. Nicholson, CPA, CA, Member





And whereas the Board has determined that due to a significant decrease in the price of gasoline and diesel fuel that it is appropriate to adjust the most recently prescribed weekly prices by the Board;






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 5, 2019.



Dated at Halifax, Nova Scotia, this 4th day of June, 2019.

sgd: Doreen Friis Clerk of the Board

Schedule “A”


Petroleum Products Pricing Regulations effective on and after 12:01 a.m. on June 5, 2019





Wholesale Price

Fed. Excise

Tax

Prov. Tax


Min Max Min Max










Proclamation of Act, S. 189, S.N.S. 2019, c. 8–S. 1, 2, 3(3), 3(4), 4, 5, 7 & 9–188

Order in Council 2019-157 dated June 4, 2019 Proclamation made by the Governor in Council

pursuant to Section 189 of the Nursing Act

The Governor in Council on the report and recommendation of the Minister of Health and Wellness dated May 16, 2019, [and] pursuant to Section 189 of Chapter 8 of the Acts of 2019, the Nursing Act, is pleased to order and declare by proclamation that Sections 1, 2, 3(3) and (4), 4, 5, 7 and 9 to 188 of Chapter 8 of the Acts of 2019, the Nursing Act, do come into force on and not before June 4, 2019.

PROVINCE OF NOVA SCOTIA sgd: Arthur J. LeBlanc

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 189 of Chapter 8 of the Acts of 2019, the Nursing Act, it is enacted as follows:

189 This Act, except subsections 3(1) and (2) and Sections 6 and 8, comes into force on such day as the Governor in Council orders and declares by proclamation.

AND WHEREAS it is deemed expedient that Sections 1, 2, 3(3) and (4), 4, 5, 7 and 9 to 188 of Chapter 8 of the Acts of 2019, the Nursing Act, do come into force on and not before June 4, 2019;

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 Sections 1, 2, 3(3) and (4), 4, 5, 7 and 9 to 188 of Chapter 8 of the Acts of 2019, the Nursing Act, do come into force on and not before June 4, 2019, 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 Arthur J. LeBlanc, ONS, Q.C., Lieutenant Governor of the Province of Nova Scotia.


N.S. Reg. 75/2019 - 76/2019 Royal Gazette Part II - Regulations Vol. 43, No. 13

AT Our Government House in the Halifax Regional Municipality, this 4th day of June in the year of Our Lord two thousand and nineteen and in the sixty-eighth year of Our Reign.

BY COMMAND:

sgd: Honourable Mark Furey Provincial Secretary Attorney General and Minister of Justice

N.S. Reg. 76/2019 to N.S. Reg. 77/2019 Made: May 3, 2019 and May 16, 2019 Approved: June 4, 2019 Filed: June 5, 2019

Nursing Regulations; Regulatory Committees Public Representatives Appointment Regulations

Order in Council 2019-158 dated June 4, 2019 Regulations made by the Board of the Nova Scotia College of Nursing

and approved by the Governor in Council and Regulations made by the Minister of Health and Wellness

and approved by the Governor in Council pursuant to Sections 10 and 11 of the Nursing Act

The Governor in Council on the report and recommendation of the Minister of Health and Wellness dated May 16, 2019, and pursuant to Sections 10 and 11 of Chapter 8 of the Acts of 2019, the Nursing Act (the “Act”), is pleased, effective on and after June 4, 2019,

(a) pursuant to Section 10 of the Act, to make [approve] regulations respecting nursing [made by the Board of the Nova Scotia College of Nursing] in the form set forth in Schedule “A”, attached to and forming part of the report and recommendation; and

(b) pursuant to Section 11 of the Act, to approve regulations respecting the appointment of public representatives to regulatory committees made by the Minister of Health and Wellness, in the form set forth in Schedule “B”, attached to and forming part of the report and recommendation.

N.S. Reg. 76/2019 Nursing Regulations

Schedule “A”

Regulations Respecting Nursing made by the Board of the Nova Scotia College of Nursing

under Section 10 of Chapter 8 of the Acts of 2019, the Nursing Act

I hereby certify that at a duly convened meeting of the Board of the Nova Scotia College of Nursing held on May 3, 2019, the Board carried a motion to make the attached regulations pursuant to Section 10 of Chapter 8 of the Acts of 2019, the Nursing Act.



Dated at Bedford, Nova Scotia, on May 3, 2019.

sgd: Charmaine McPherson PER: Charmaine McPherson, RN, Ph.D. Chair Board of the Nova Scotia College of Nursing

Regulations Respecting Nursing made by the Board of the Nova Scotia College of Nursing under Section 10 of Chapter 8 of the Acts of 2019,

the Nursing Act

Interpretation

Citation 1 These regulations may be cited as the Nursing Regulations.

Definitions 2 In these regulations,

“party” is further defined to include an applicant for reinstatement, as the context requires;

“reviewer” means a reviewer selected by the Practice Review Committee to conduct a practice review.

Board and Committee Members

Registrant members of Board 3 Registrant members of the Board must be elected by registrants in the manner set out in the bylaws.

Term of office for Board members 4 The term of office for both registrant and public representative Board members is 3 years.

Public advertising for public representatives 5 The Chief Executive Officer must publicly advertise to invite expressions of interest in serving as a public

representative on a regulatory committee.

Settlement Agreements

Mediator used to prepare settlement agreement 6 (1) The parties may agree to use a mediator to prepare a proposed settlement agreement.

(2) The costs for a mediator must be divided equally between the College and the respondent, unless the parties agree to a different division of the costs.

Referral of settlement agreement to Complaints Committee 7 The procedure for a settlement agreement agreed to under subsection 79(3) of the Act is for the Chief

Executive Officer to refer the proposed agreement to Complaints Committee for consideration.

Complaints Committee actions when proposed settlement agreement referred 8 (1) The Complaints Committee may recommend acceptance of a proposed settlement agreement if

satisfied that all of the following criteria are met:

(a) the public is protected;



(b) if the respondent is permitted to continue practising, the conduct or its causes can be, or has been, successfully remedied or treated, and the respondent is likely to successfully pursue any required remediation or treatment;

(c) settlement is in the best interests of the public and the profession.

(2) If the Complaints Committee recommends acceptance of a proposed settlement agreement, the Complaints Committee must refer the proposed settlement agreement to the Professional Conduct Committee for consideration.

(3) If the Complaints Committee does not recommend acceptance of a proposed settlement agreement, the Complaints Committee must do 1 of the following:

(a) recommend changes to the proposed settlement agreement that,

(i) if agreed upon by the parties will result in acceptance by the Complaints Committee, or

(ii) if not agreed upon by the parties will result in rejection by the Complaints Committee;

(b) reject the proposed settlement agreement and refer the complaint considered by the Complaints Committee to the Professional Conduct Committee for a hearing.

Professional Conduct Committee actions when proposed settlement agreement referred 9 (1) The Professional Conduct Committee may accept a proposed settlement agreement if the criteria set

out in subsection 8(1) have been met.

(2) If the Professional Conduct Committee does not accept a proposed settlement agreement, it must do 1 of the following:

(a) recommend changes to the proposed settlement agreement;

(b) reject the proposed settlement agreement.

(3) If both parties agree with changes recommended to a proposed settlement agreement under clause (2)(a), the proposed agreement must be referred back to the Professional Conduct Committee for acceptance.

(4) If a proposed settlement agreement is rejected under subsection (2) or if both parties do not accept changes recommended under clause (2)(a), the matter must be referred to another panel of the Professional Conduct Committee for a hearing.

Written decision on settlement agreement and notice 10 (1) When the Professional Conduct Committee accepts or rejects a proposed settlement agreement, the

Committee must issue a written decision that includes the reasons for accepting or rejecting the proposed settlement agreement.

(2) The Professional Conduct Committee must provide a copy of any decision rejecting a proposed settlement to all of the following:

(a) the parties;

(b) any persons it considers appropriate.



(3) In Section 107 of the Act “where a licensing sanction has been issued without a hearing” includes circumstances in which a settlement agreement results in the registrant’s resignation.

(4) The Professional Conduct Committee must provide a copy of any decision accepting a proposed settlement agreement to the Chief Executive Officer for distribution and publication as required by Section 107 of the Act.

New panel members 11 A person who sits on a panel of the Professional Conduct Committee that reviews a rejected proposed

settlement agreement must not sit on a panel of the Professional Conduct Committee that conducts a hearing related to the same complaint.

Rejected settlement agreements and hearings 12 (1) If a proposed settlement agreement is rejected by the Professional Conduct Committee, a hearing

must proceed without reference to the proposed settlement agreement or any admissions contained in the proposed settlement agreement until after the Professional Conduct Committee has determined whether professional misconduct, conduct unbecoming, incompetence or incapacity has been proven.

(2) Despite subsection (1), the parties may advance agreements on facts and joint submissions during a hearing, regardless of whether a proposed settlement agreement was rejected.

Settlement negotiations and decision to award costs in hearing 13 Before deciding whether to award costs in a hearing under clause 103(1)(o) of the Act, a party may give

the Professional Conduct Committee and the other party a copy of any correspondence exchanged between the parties regarding settlement negotiations, including copies of proposed settlement agreements.

Breach of settlement agreement 14 (1) If any term of a settlement agreement is alleged to have been breached, the matter must be referred

to the Complaints Committee for processing as a complaint under the Act.

(2) A member of the Complaints Committee or Professional Conduct Committee who considered a settlement agreement that is alleged to have been breached remain eligible to serve on a committee that is considering the alleged breach.

Reinstatement

Applications for reinstatement 15 (1) An application for reinstatement of registration or reinstatement of a licence under Section 112 of

the Act must be in a form approved by the Chief Executive Officer and sent in writing to the Chief Executive Officer together with the applicable application fee.

(2) The applicant must provide any information that the Reinstatement Committee requires to assist it in determining whether the objects of the College will be met if reinstatement is granted.

Investigation concerning reinstatement application 16 (1) The Chief Executive Officer may appoint an investigator to gather relevant and appropriate

information concerning an application for reinstatement.

(2) An investigator appointed under subsection (1) must provide a report of the information gathered during the investigation to the Chief Executive Officer.



(3) The Chief Executive Officer must prepare a written report to the Reinstatement Committee and the applicant that contains all material relevant to the application, including all of the following:

(a) the Professional Conduct Committee’s decision that revoked the applicant’s registration or licence;

(b) the investigator’s report, if an investigator has been appointed under subsection (1);

(c) any relevant information gathered during the investigation.

(4) The Chief Executive Officer’s report under subsection (3) must include a statement from the Chief Executive Officer setting out the College’s position regarding the reinstatement application.

Notice of reinstatement hearing 17 (1) The Reinstatement Committee must set a date, time and location for a hearing to review a

reinstatement application and must advise the applicant of the date.

(2) The Chief Executive Officer must give public notice of a reinstatement hearing through its website, or by any alternative means the Chief Executive Officer considers appropriate, including notice of all of the following:

(a) the date, time and location of the hearing;

(b) any request for an order to exclude the public under subsection 18(4);

(c) any information required by the bylaws.

Attendance at hearing for review of reinstatement application 18 (1) Except as provided in subsection (2), a hearing to review a reinstatement application is open to the

public.

(2) At the request of a party, the Reinstatement Committee may order that the public, in whole or in part, be excluded from a hearing, or any part of a hearing, to review a reinstatement application if the Reinstatement Committee is satisfied that any of the following apply:

(a) personal, medical, financial or other matters that may be disclosed at the hearing are of such a nature that avoiding public disclosure of those matters in the interest of the public interest or any person affected outweighs adhering to the principle that hearings should be open to the public;

(b) the safety of any person may be jeopardized by permitting public attendance.

(3) The Reinstatement Committee may make an order that the public be excluded from a part of a hearing that deals with a request for an order to exclude the public in whole or in part under subsection (2).

(4) The Reinstatement Committee may make any orders it considers necessary, including orders prohibiting publication or broadcasting of those matters, to prevent the public disclosure of matters disclosed in a hearing or any part of a hearing dealing with an order under subsection (2) or (3).

(5) Subject to any order made under this Section, the Reinstatement Committee must state at the hearing its reasons for any order made under this Section.



Evidence at reinstatement hearing 19 Evidence before the Reinstatement Committee must be taken under oath and is subject to

cross-examination.

Parties to Reinstatement Committee hearing 20 The parties to a hearing before the Reinstatement Committee are

(a) the applicant for reinstatement; and

(b) the College, as represented by the Chief Executive Officer or a person designated by the Chief Executive Officer.

Decision of reinstatement committee 21 (1) After considering the evidence and the representations from the parties, the Reinstatement

Committee must decide to accept or reject a reinstatement application.

(2) The Reinstatement Committee must communicate its decision under subsection (1), together with reasons, in writing to all of the following:

(a) the applicant;

(b) the Chief Executive Officer.

(3) If the Reinstatement Committee accepts a reinstatement application, the Committee may impose any restrictions and conditions it considers appropriate relating to the reinstatement of the applicant.

Reinstatement eligibility 22 To be eligible for reinstatement, an applicant must meet the criteria for registration and licensing under the

Act and these regulations in addition to any restrictions and conditions imposed by the Reinstatement Committee under subsection 21(3).

Costs and expenses for reinstatement application and hearing 23 (1) An applicant is responsible for all their expenses incurred in a reinstatement application and

hearing.

(2) Whether an application for reinstatement is accepted or rejected, the Reinstatement Committee may make an order to recover costs from the applicant, and the costs must be paid by the date specified in the order.

Publication of Reinstatement Committee’s decision 24 The Reinstatement Committee’s decision must be published and disclosed in the manner directed by the

Reinstatement Committee, subject to any publication bans it has imposed.

Submitting a new application for reinstatement 25 If an application for reinstatement is rejected, the applicant may not submit a new reinstatement

application until

(a) 1 year after the date of the Reinstatement Committee’s prior decision to reject their application, and on such conditions as are determined by the Reinstatement Committee; or

(b) a date that is after the period in clause (a), as determined by the Reinstatement Committee that rejected the prior reinstatement application, and on such conditions as are determined by that Committee.



Practice Reviews

Function of the Practice Review Committee 26 The function of the Practice Review Committee is to oversee the conduct of practice reviews.

Referral for practice review 27 (1) Registrants must be referred for practice reviews by the Practice Review Committee in a manner

that is consistent with the direction of the Board.

(2) A registrant referred for a practice review, and their employer, must participate in and cooperate with the practice review.

Conducting practice review 28 (1) A practice review must be conducted by a reviewer or reviewers who are selected by the Practice

Review Committee in accordance with criteria determined by the Committee.

(2) A practice review of a registrant may include any of the following:

(a) observation of the registrant’s practice;

(b) review of documentation related to the registrant’s practice;

(c) interviews with colleagues, supervisors and other individuals who may have information relevant to the review;

(d) any additional activities related to the registrant’s practice that are approved by the Practice Review Committee.

(3) When requested by a reviewer or the Practice Review Committee, a registrant and their employer must

(a) permit the reviewer to enter the premises where the registrant practises;

(b) permit the reviewer to inspect and, when needed, make copies of clients’ health care records for the purposes of the practice review;

(c) provide the reviewer or Committee with any information requested.

(4) While conducting a practice review, a reviewer or the Practice Review Committee may confer with other individuals associated with the registrant’s practice and may disclose to those individuals any information, including clients’ health care information, that they consider necessary to fully conduct the review.

(5) While conducting a practice review, the Practice Review Committee may require a registrant to undergo a competence assessment and determine the specifics of the competence assessment in accordance with Section 168 of the Act.

Practice review report 29 (1) On completing a practice review, the reviewer must provide a report of the review to the Practice

Review Committee.

(2) The Practice Review Committee must consider the report and set out its observations and conclusions in writing to the registrant.



(3) The conclusions of the Practice Review Committee may include requirements for remediation or recommendations for improvement, or both.

Remediation and risk 30 (1) The Practice Review Committee must oversee any remediation that is required for a registrant who

has undergone a practice review.

(2) If a reviewer conducting a practice review has reasonable grounds to believe a registrant poses a risk to the public or the profession, the reviewer must immediately report the matter to the Practice Review Committee.

(3) The Practice Review Committee may disclose to the Chief Executive Officer any information necessary to permit the Chief Executive Officer to take appropriate action under the Act, if any of the following occurs:

(a) a registrant is not cooperating with a practice review;

(b) a registrant is not complying with the Practice Review Committee’s remediation requirements;

(c) the Practice Review Committee has reasonable grounds to believe that the registrant poses a risk to the public or profession that cannot be adequately addressed within the authority of the Practice Review Committee.

(4) The information disclosed under subsection (3) may include any information obtained during the practice review, including the results of any competence assessment and remediation.

N.S. Reg. 77/2019 Regulatory Committees Public Representatives Appointment Regulations

Schedule “B”

In the matter of Section 11 of Chapter 8 of the Acts of 2019,the Nursing Act

-and-

In the matter of new regulations respecting the appointment of public representativesto regulatory committees of the Nova Scotia College of Nursing

made by the Minister of Health and Wellness

Order

I, Randy Delorey, Minister of Health and Wellness for the Province of Nova Scotia, pursuant to Section 11 of Chapter 8 of the Acts of 2019, the Nursing Act, hereby make new regulations respecting the appointment of public representatives to regulatory committees of the Nova Scotia College of Nursing in the form set forth in the attached.

This order is effective on and after the date of approval by the Governor in Council.

Dated and made May 16, 2019, at Halifax Regional Municipality, Province of Nova Scotia.

sgd: Randy Delorey Honourable Randy Delorey Minister of Health and Wellness



Regulations Respecting the Appointment of Public Representatives to Regulatory Committees

made by the Minister of Health and Wellness under Section 11 of Chapter 8 of the Acts of 2019, the Nursing Act

Citation 1 These regulations may be cited as the Regulatory Committees Public Representatives Appointment

Regulations.

Authority to dismiss included 2 In these regulations, a reference to the authority to appoint public representatives includes the authority to

dismiss them.

Public representatives appointed by Board 3 Subject to Section 5, the Board may appoint public representatives as members of regulatory committees.

Review of appointment process by Minister 4 (1) The Minister may review the Board’s process for appointing public representatives to regulatory

committees.

(2) The Board must cooperate in providing relevant information to the Minister for a review under subsection (1).

Governor in Council appointments 5 (1) If the Minister determines that appointments of public representatives to regulatory committees have

not been conducted in a manner that is in the public interest and contributes to the attainment of the objects of the College, the Minister may revoke the Board’s authority to make the appointments and the Governor in Council has the authority to make the appointments as of the date the Minister revokes the Board’s authority.

(2) The Minister may reinstate the Board’s authority to appoint public representatives to regulatory committees if the Minister determines it is in the public interest and contributes to the attainment of the objects of the College.


Tariffs of Costs Regulations

Order in Council 2019-161 dated June 4, 2019 Regulations made by the Governor in Council

pursuant to clause 66(c) of the Expropriation Act

The Governor in Council on the report and recommendation of the Minister of Justice and Attorney General dated May 30, 2019, and pursuant to clause 66(c) of Chapter 156 of the Revised Statutes of Nova Scotia, 1989, the Expropriation Act, is pleased to make regulations respecting the tariffs of costs, in the form set forth in Schedule “A” attached to and forming part of the report and recommendation, effective on and after June 4, 2019.



Schedule “A”

Regulations Respecting Tariffs of Costs for Expropriations made by the Governor in Council under clause 66(c)

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

Citation 1 These regulations may be cited as the Tariffs of Costs Regulations.


“Act” means the Expropriation Act;

“decision-maker” means the Board or the Court;

“tariff” means a tariff of costs set out in Schedule A: Tariffs or as set out in Tariff A;

“Tariff A” means “Tariff A: Tariff of Fees for Solicitor’s Services Allowable to a Party Entitled to Costs on a Decision or Order in a Proceeding” set by the Costs and Fees Committee under the Costs and Fees Act.

Application of regulations 3 (1) Subject to subsection (2), these regulations apply to costs payable under the Act that were incurred

on or after the date these regulations come into force.

(2) These regulations do not apply to any matters that were before the Board before the date these regulations come into force.

Applicable tariffs 4 Costs payable under the Act must be assessed in accordance with the following tariffs:

(a) for legal costs, Tariff A;

(b) for real estate appraisal expert costs, Tariff 1;

(c) for all other expert costs, Tariff 2.

Scale of costs 5 (1) The scales under which costs are assessed are as follows:

(a) Scale 1, for matters of less than ordinary difficulty or importance;

(b) Scale 2, for matters of ordinary difficulty or importance;

(c) Scale 3, for matters of more than ordinary difficulty or importance.

(2) When fixing the appropriate scale under which costs will be assessed, the decision-maker must consider all of the following:

(a) whether the case involved a difficult issue of law, fact or construction;



(b) whether a difficult appraisal issue is involved;

(c) whether an issue is of importance to a class or body of persons, or is of general interest;

(d) whether the result of the proceeding before the decision-maker effectively determines the rights and obligations as between the parties, beyond the relief that was granted or denied.

(3) If the parties to a proceeding have agreed on a settlement amount but have not agreed to costs, costs must be assessed under Scale 2.

Value amount for scales 6 The value allowed on an assessment of costs for each scale is as set out in the applicable tariff.

Setting number of hours within range 7 (1) If a tariff sets a minimum and maximum number of hours, the decision-maker may set the number of

hours within the range in accordance with all of the following:

(a) the minimum number of hours, for matters upon which little time should ordinarily have been spent;

(b) the middle of the range is for matters which should ordinarily require an average amount of time;

(c) the maximum number of units is reserved for matters upon which a great deal of time was required.

(2) In setting the number of hours under subsection (1), the decision-maker must consider all of the following:

(a) the complexity of the issue;

(b) the uniqueness of the issue;

(c) any additional unusual circumstances.

Partial days 8 If an item in a tariff provides for an amount for each day, but the actual time spent was

(a) less than 2.5 hours, only half of the amount set for the day is allowed; or

(b) more than 5 hours, the amount allowed for the day must be increased by half of the amount set for the day.

Expenses and disbursements 9 (1) In addition to the costs allowed under these regulations, a reasonable amount for expenses and

disbursements is also permitted if the expenses and disbursements were necessarily and properly incurred in the conduct of the proceeding before the decision-maker.

(2) Reasonable travelling and subsistence expenses must be allowed as a disbursement.



Schedule A: Tariffs

Tariff 1—Real Estate Appraisal Expert Costs

In this tariff, the value allowed for each scale is:

Scale Amount Per Hour

Scale 1 $137.50

Scale 2 $175.00

Scale 3 $212.50

Item Description Hours (Min/Max)

Scale 1 Scale 2 Scale 3

Min Max Min Max Min Max

Instructions

1 Correspondence, conferences, instructions or meetings with claimant and counsel relating to expropriation proceeding, whether before or after commencement of proceeding, for which provision is not made elsewhere in this tariff

1 5 1 10 1 20

Inspection and research

2 Inspect and research subject property 1 10 1 20 1 30

3 Market research, including all necessary attendances 1 10 1 15 1 20

4 Inspection of comparable properties 1 10 1 15 1 20

Analysis and report preparation

5 Analysis of data and preparation of report(s) 1 20 1 40 1 60

Hearing

6 Preparation for hearing for each day of necessary attendance

1 30 1 30 1 30

7 Attendance at hearing, interim motion or application in proceeding, for each day of necessary attendance

1 10 1 10 1 10

8 Travel for necessary attendance at hearing, application, examination or other analogous proceeding if held more than 40 km from place where appraiser carries on business, for each day of travel

1 2 1 2 1 2



Tariff 2—Other Expert Costs

In this tariff, the value allowed for each scale is:

Scale Amount Per Hour

Scale 1 $137.50

Scale 2 $175.00

Scale 3 $212.50

Item Description Hours (Min/Max)

Scale 1 Scale 2 Scale 3

Min Max Min Max Min Max

Instructions

1 Correspondence, conferences, instructions or meetings with claimant and counsel relating to expropriation proceeding, whether before or after commencement of proceeding, for which provision is not made elsewhere in this tariff

1 5 1 10 1 20

Research

2 Inspect and research 1 30 1 50 1 70

Analysis and report preparation

3 Analysis of data and preparation of a report(s) 1 20 1 40 1 60

Hearing

4 Preparation for hearing for each day of necessary attendance

1 30 1 30 1 30

5 Attendance at hearing, interim motion or application in proceeding, for each day of necessary attendance

1 10 1 10 1 10

6 Travel for necessary attendance at hearing, application, examination or other analogous proceeding if held more than 40 km from place where expert carries on business, for each day of travel

1 2 1 2 1 2




Proclamation of Act, S. 19, S.N.S. 2018, c. 27

Order in Council 2019-164 dated June 4, 2019 Proclamation made by the Governor in Council

pursuant to Section 19 of the Senior Citizens’ Property Tax Rebate Act

The Governor in Council on the report and recommendation of the Minister of Service Nova Scotia dated May 30, 2019, is pleased to

(a) revoke Order in Council 2019-38 dated February 20, 2019; and

(b) pursuant to Section 19 of Chapter 27 of the Acts of 2018, the Senior Citizens’ Property Tax Rebate Act, order and declare by proclamation that Chapter 27 of the Acts of 2018, the Senior Citizens’ Property Tax Rebate Act, do come into force on and not before June 4, 2019.

PROVINCE OF NOVA SCOTIA sgd: Arthur J. LeBlanc

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 19 of Chapter 27 of the Acts of 2018, the Senior Citizens’ Property Tax Rebate Act, it is enacted as follows:

19 This Act comes into force on such day as the Governor in Council orders and declares by proclamation.

AND WHEREAS it is deemed expedient that Chapter 27 of the Acts of 2018, the Senior Citizens’ Property Tax Rebate Act, do come into force on and not before June 4, 2019;

NOW KNOW YE THAT WE, by and with the advice of the Executive Council of Nova Scotia, do by this Our Proclamation order and declare that Chapter 27 of the Acts of 2018, the Senior Citizens’ Property Tax Rebate Act, do come into force on and not before June 4, 2019, 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 Arthur J. LeBlanc, ONS, Q.C., Lieutenant Governor of the Province of Nova Scotia.



AT Our Government House in the Halifax Regional Municipality, this 4th day of June in the year of Our Lord two thousand and nineteen and in the sixty-eighth year of Our Reign.

BY COMMAND:

sgd: Honourable Mark Furey Provincial Secretary Attorney General and Minister of Justice


Approvals of Natural Gas Transportation Contracts Regulations

Order in Council 2019-165 dated June 4, 2019 Regulations made by the Governor in Council

pursuant to Section 118 of the Public Utilities Act

The Governor in Council on the report and recommendation of the Minister of Energy and Mines dated May 8, 2019, and pursuant to Section 118 of Chapter 380 of the Revised Statutes of Nova Scotia, 1989, the Public Utilities Act, is pleased to make regulations respecting approvals of natural gas transportation contracts in the form set forth in Schedule “A” attached to and forming part of the report and recommendation, effective on and after June 4, 2019.

Schedule “A”

Regulations Respecting Approvals of Natural Gas Transportation Contracts made by the Governor in Council

pursuant to Section 118 of Chapter 380 of the Revised Statutes of Nova Scotia, 1989, the Public Utilities Act

Citation 1 These regulations may be cited as the Approvals of Natural Gas Transportation Contracts Regulations.


“contract” means a proposed or existing contract, entered into either directly or by a wholly-owned subsidiary of NSPI, for the transportation of natural gas that is acquired for the benefit of NSPI’s customers;

“NSPI” means Nova Scotia Power Incorporated.

Application for approval of contract 3 (1) NSPI may apply to the Board for approval of a contract.

(2) The Board must approve a contract that

(a) is for a term of longer than 2 years; and



(b) is in the public interest, as determined by the Board.

(3) The Board’s approval under subsection (2) may be subject to any terms and conditions it considers appropriate.

(4) NSPI may recover the costs it incurs under a contract approved under these regulations in its rates in the manner determined by the Board.

N.S. Reg. 81/2019 Made: May 31, 2019 Filed: June 6, 2019

Determination of Boundaries Order: Town of Annapolis Royal and Municipality of the County of Annapolis

Order dated May 31, 2019 Boundaries order made by the Nova Scotia Utility and Review Board

pursuant to Section 357 of the Municipal Government Act

Decision and Order 2019 NSUARB 73 M08145

Nova Scotia Utility and Review Board

In the Matter of the Municipal Government Act

- and -

In the matter of an application by the Town of Annapolis Royal to settle and confirm its mutual boundary with the Municipality of the County of Annapolis

Before: Roland A. Deveau, Q.C., Vice Chair

Decision and Order

Whereas the Town of Annapolis Royal applied to the Nova Scotia Utility and Review Board pursuant to s. 357 of the Municipal Government Act to settle and confirm its mutual boundary with the Municipality of the County of Annapolis, particularly the northern town boundary where it intersects the Annapolis Royal Causeway and divides the Town from the Municipality;

And whereas the Board held various preliminary hearings by telephone with Jonathan G. Cuming, Counsel for the Town of Annapolis Royal, and W. Bruce Gillis, Q.C., Counsel for the Municipality of the County of Annapolis, to discuss the process for the confirmation of the boundary location;

And whereas Nova Scotia Land Surveyors for the respective parties confirmed the location of the boundary and the boundary description;

And whereas the parties provided their mutual consent to the boundary location and description in writing on February 11, 2019;

And whereas Notice to Settle and Confirm the Mutual Boundary was published in the Tri-County Vanguard on April 17, 2019, the Annapolis Valley Register on April 18 and 25, 2019, and the Chronicle Herald on April 18



and 25, 2019; and the advertisement invited objectors to advise the Board of their objections by May 28, 2019;

And whereas no objections were received by the Board by the due date;

It is hereby ordered that the mutual boundary between the Town of Annapolis Royal and the Municipality of the County of Annapolis, including the northern town boundary where it intersects the Annapolis Royal Causeway and divides the Town from the Municipality, is confirmed as described in the attached Schedule A.

Dated at Halifax, Nova Scotia this 31st day of May, 2019.

sgd: Bruce Kiley Clerk of the Board

Schedule A

The boundaries of the Town of Annapolis Royal are described as follows:

Commencing at the junction of the Old Halifax Post Road with Main or St. George Street at the Mile Board Comer [Corner] (so-called);

Thence run along the northern side of said Halifax Post Road to the division line between lands occupied by Charles Munro and Robert Stailing;

Thence run along said division line to Cutler’s Creek (so-called);

Thence along said creek and in a line in continuation of the same into the Annapolis River the distance of 200 feet beyond low water mark;

Thence run down stream in a line parallel with, and distance 200 feet below low water mark and parallel with the several courses of said low water mark until it comes opposite to the centre of Allen’s River (the northern portion of this boundary being delineated on Annapolis County Land Registration Office Plan No. 111947728 certified by Derik R. DeWolfe, NSLS, dated November 10, 2017, Plan No. 2017-103Plan);

Thence follow the several courses of the centre of said Allen’s River upstream to a point in a line with and opposite to the division line between land of Anna Harris and Helen and Ruth Baxter, formerly of James P. Lynch and William Harris;

Thence run to and along the said division line to the Main Road;

Thence across said road to the place of beginning.

Said boundaries of the Town of Annapolis Royal being as declared by Articles of Incorporation dated November 29, 1892.





Order dated June 6, 2019 made by the Nova Scotia Utility and Review Board


Order M09246


- and -


Before: Steven Murphy, MBA, P.Eng., Member





And whereas the average of the average of the daily high and low reported product prices (in Canadian cents) for the week ended June 5, 2019, are:

Grade 1 Regular gasoline 56.38¢ per litre Ultra-low-sulfur diesel oil 63.45¢ 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 7, 2019.



Dated at Halifax, Nova Scotia, this 6th day of June, 2019.

sgd: Lisa Wallace Clerk of the Board

Schedule “A”


Petroleum Products Pricing Regulations effective on and after 12:01 a.m. on June 7, 2019





Wholesale Price

Fed. Excise

Tax

Prov. Tax


Min Max Min Max









N.S. Reg. 83/2019 Made: May 30, 2019 Filed: June 10, 2019

Summary Offence Tickets Regulations–amendment

Order dated May 30, 2019 Amendment to regulations made by the Attorney General and Minister of Justice

pursuant to Section 8 of the Summary Proceedings Act

Order

Made under Section 8 of Chapter 450 of the Revised Statutes of Nova Scotia, 1989,

the Summary Proceedings Act

I, the Honourable Mark Furey, Attorney General and Minister of Justice for the Province of Nova Scotia, under Section 8 of Chapter 450 of the Revised Statutes of Nova Scotia, 1989, the Summary Proceedings Act, hereby

(a) amend Schedule 9A to the Summary Offence Tickets Regulations, N.S. Reg. 281/2011, made by order of the Attorney General and Minister of Justice dated October 4, 2011, to reflect amendments to the On-Site Sewage Disposal Systems Regulations, in the manner set forth in the attached Schedule “A”; and

(b) order and direct that the penalty to be entered on a summons in respect of an offence set out in amendments to the schedules to the Summary Offence Tickets Regulations, N.S. Reg. 281/2011, as set forth in the attached Schedule “A”, is the out of court settlement amount indicated by category letter in the out-of-court settlement column set out opposite the description for the offence, and includes the charge provided for in, and in accordance with, Sections 8 and 9 of the Act.

This Order is effective on and after the date it is made.

Dated and made May 30, 2019, at Halifax, Halifax Regional Municipality, Province of Nova Scotia.

sgd: Mark Furey Honourable Mark Furey Attorney General and Minister of Justice

Schedule “A”

Amendment to the Summary Offence Tickets Regulations made by the Attorney General and Minister of Justice pursuant to Section 8

of Chapter 450 of the Revised Statutes of Nova Scotia, 1989, the Summary Proceedings Act

Schedule 9A to the Summary Offence Tickets Regulations, N.S. Reg. 281/2011, made by order of the Attorney General and Minister of Justice dated October 4, 2011, under the heading “On-site Sewage Disposal Systems Regulations”, is amended by

(a) repealing items 3 and 4 and substituting the following items:

3 Failing to alert Department at least 24 hours before 4(1) $697.50 beginning excavation to install system as required


© NS Office of the Registrar of Regulations. Web version.


3A

4

Installer beginning installing system without permission of qualified person or professional engineer (specify)

Installer failing to install system as required (specify)

4(1A)

4(2)

$697.50

$1157.50

(b) repealing item 14 and substituting the following item:

14 Owner failing to ensure system installed to replace malfunctioning system or to remedy release of sewage (specify) within 45 days after date of notification

8(2) $697.50

235

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