contents act reg. no. page - nova scotia2019/01/04 · n.s. reg. 223/2018 royal gazette part ii -...

Part II Regulations under the Regulations Act

Volume 43, No. 1 January 4, 2019

Halifax, Nova Scotia Printed by the Queen’s Printer

Contents Act Reg. No. Page

Business Electronic Filing Act Business Registry Regulations–amendment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 228/2018 8

Education Act Teacher Certification Regulations–amendment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 229/2018 9

Environment Act Commercial Vehicle Salvage Facilities Standard Adoption Regulations . . . . . . . . . . . . . . 225/2018 5

Insurance Act Automobile Insurance Contract Mandatory Conditions Regulations–amendment . . . . . . . 226/2018 6 Automobile Insurance Fault Determination Regulations–amendment . . . . . . . . . . . . . . . . 227/2018 7

Liquor Control Act Liquor Plebiscite Regulations–repeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 235/2018 20

Motor Vehicle Act Alcohol Ignition Interlock Program Regulations–amendment . . . . . . . . . . . . . . . . . . . . . . 232/2018 15 Alcohol Rehabilitation Programs Regulations–amendment . . . . . . . . . . . . . . . . . . . . . . . . 231/2018 14 Blood Drug Concentration Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 230/2018 13 Provincially Approved Screening Devices Regulations–amendment . . . . . . . . . . . . . . . . . 233/2018 17

Petroleum Products Pricing Act Prescribed Petroleum Products Prices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 223/2018 2 Prescribed Petroleum Products Prices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 234/2018 18

Summary Proceedings Act Summary Offence Tickets Regulations–amendment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 224/2018 4

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

© NS Office of the Registrar of Regulations. Web version. 1

N.S. Reg. 223/2018 Royal Gazette Part II - Regulations Vol. 43, No. 1

N.S. Reg. 223/2018 Made: December 13, 2018 Filed: December 14, 2018

Prescribed Petroleum Products Prices

Order dated December 13, 2018 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 In the matter of the Petroleum Products Pricing Act

M09012

- 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 December 12, 2018, are:

Grade 1 Regular gasoline 51.38¢ per litre Ultra-low-sulfur diesel oil 65.59¢ per litre

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

Gasoline: Grade 1 51.38¢ per litre Grade 2 54.38¢ per litre Grade 3 57.38¢ per litre

Ultra-low-sulfur diesel oil 65.59¢ 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 1.2¢ per litre Ultra-low-sulfur diesel oil: minus 1.8¢ per litre

And whereas a winter blending adjustment of plus 3.58¢ per litre is required for ultra-low-sulfur diesel oil;

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., December 14, 2018.

© NS Office of the Registrar of Regulations. Web version.2


Dated at Halifax, Nova Scotia, this 13th day of December, 2018.

sgd: Doreen Friis 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 December 14, 2018

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 57.43 10.0 15.5 82.93 101.2 103.4 101.2 999.9 Mid-Grade Unleaded 60.43 10.0 15.5 85.93 104.7 106.9 104.7 999.9 Premium Unleaded 63.43 10.0 15.5 88.93 108.1 110.3 108.1 999.9 Ultra-Low-Sulfur Diesel 74.62 4.0 15.4 94.02 114.0 116.2 114.0 999.9









Summary Offence Tickets Regulations–amendment

Order dated December 13, 2018 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, Mark Furey, Attorney General and Minister of Justice for the Province of Nova Scotia, pursuant to Section 8 of Chapter 450 of the Revised Statutes of Nova Scotia, 1989, the Summary Proceedings Act, effective on and after the date of this order, hereby

(a) amend Schedule M-33 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 repeal and replace all offences designated under the Town of Berwick Protection from Second-hand Smoke By-law 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 set out opposite the description of that offence, and the out-of-court settlement amount includes the charge provided for in, and in accordance with, Sections 8 and 9 of the Act.

Dated and made December 13, 2018, 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 M-33, Town of Berwick By-laws, 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, is amended by repealing all items under the heading “Protection from Second-hand Smoke By-law” and substituting the following items:

1 Smoking at park or playground (specify) on town property 4(a) $237.50

2 Smoking at outdoor recreational facility on town property 4(b) $237.50

3 Smoking on grounds of town building 4(c) $237.50

4 Smoking on grounds of event on town property that is open to public 4(d) $237.50


N.S. Reg. 224/2018 - 225/2018 Royal Gazette Part II - Regulations Vol. 43, No. 1

5 Smoking on path on town property or property that town is licensed to 4(e) $237.50 maintain (specify)

6 Smoking on street or sidewalk (specify) 4(f) $237.50

7 Smoking at bus stop or within 4 m of bus stop (specify) 4(g) $237.50


Commercial Vehicle Salvage Facilities Standard Adoption Regulations

Order dated December 13, 2018 Regulations made by the Minister of Environment pursuant to clause 8A(1)(c) of the Environment Act

In the matter of clause 8A(1)(c) of Chapter 1 of the Acts of 1994-95, the Environment Act

-and-

In the matter of regulations adopting the Standard for Commercial Vehicle Salvage Facilities

made by the Minister of Environment under clause 8A(1)(c) of the Environment Act

Order

I, Margaret Miller, Minister of Environment for the Province of Nova Scotia, pursuant to clause 8A(1)(c) of Chapter 1 of the Acts of 1994-95, the Environment Act, hereby make regulations adopting the Standard for Commercial Vehicle Salvage Facilities, as amended or replaced from time to time, as a standard setting out the minimum requirements for siting, construction, operation and rehabilitation of a commercial salvage facility that exceeds 0.25 ha in area at which vehicles and wet parts are dismantled, crushed, compacted or shredded, in the form set forth in the attached Schedule “A”.

This order is effective on and after December 1, 2019.

Dated and made at Halifax, Nova Scotia December 13, 2018.

sgd: M. Miller Honourable Margaret Miller Minister of Environment



Schedule “A”

Regulations Respecting the Adoption of the Standard for Commercial Vehicle Salvage Facilities

made by the Minister of Environment under clause 8A(1)(c) of Chapter 1 of the Acts of 1994-95, the Environment Act

Citation 1 These regulations may be cited as the Commercial Vehicle Salvage Facilities Standard Adoption

Regulations.

Adopted standard 2 The Standard for Commercial Vehicle Salvage Facilities developed by the Department of Environment, as

amended or replaced from time to time, is adopted by the Minister of Environment under clause 8A(1)(c) of the Environment Act as a standard setting out the minimum requirements for siting, construction, operation and rehabilitation of a commercial salvage facility that exceeds 0.25 ha in area at which vehicles and wet parts are dismantled, crushed, compacted or shredded.

Public availability 3 The standard adopted by these regulations must be available to the public, clearly identifying amendments

and effective dates, as follows:

(a) on the Department of Environment’s website, which, as of the date these regulations are in force, is at https://novascotia.ca/nse/resources/publications.asp; and

(b) at the offices of the Department of Environment, which, as of the date these regulations are in force, is at 1903 Barrington Street, Suite 2085, Halifax, Nova Scotia.


Automobile Insurance Contract Mandatory Conditions Regulations–amendment

Order in Council 2018-331 dated December 18, 2018 Amendment to regulations made by the Governor in Council

pursuant to Section 159 of the Insurance Act

The Governor in Council on the report and recommendation of the Minister of Finance and Treasury Board dated December 4, 2018, and pursuant to Section 159 of Chapter 231 of the Revised Statutes of Nova Scotia, 1989, the Insurance Act (“the Act”), is pleased to amend the Automobile Insurance Contract Mandatory Conditions Regulations, N.S. Reg. 181/2003, made by the Governor in Council by Order in Council 2003-456 dated October 31, 2003, to make the regulations consistent with amendments to the Act made by Chapter 3 of the Acts of 2018, the Cannabis Control Act, and with amendments to Chapter C-46 of the Revised Statutes of Canada, 1995, the Criminal Code (Canada) made by Chapter 21 of the Statutes of Canada, 2018, An Act to amend the Criminal Code (offences relating to conveyances) and to make consequential amendments to other Acts, in the manner set forth in Schedule “A” attached to and forming part of the report and recommendation, effective on and after December 18, 2018.


https://novascotia.ca/nse/resources/publications.asp


Schedule “A”

Amendment to the Automobile Insurance Contract Mandatory Conditions Regulations made by the Governor in Council pursuant to Section 159 of

Chapter 231 of the Revised Statutes of Nova Scotia, 1989, the Insurance Act

Subclause (b)(i) of subsection 3 of Section B (Accidents Benefits) of Schedule 2 to the Automobile Insurance Contract Mandatory Conditions Regulations, N.S. Reg. 181/2003, made by Governor in Council by Order in Council 2003-456 dated October 31, 2003, is repealed and the following subclause substituted:

(i) sustained by any person who, at the time of the accident, was driving or operating the automobile while in a condition for which they are convicted of an offence under section 320.14 of the Criminal Code (Canada) or under or in connection with circumstances for which they are convicted of an offence under section 320.15 of the Criminal Code (Canada) unless they establish that their impairment by alcohol or drug was not the proximate cause of the accident, or


Automobile Insurance Fault Determination Regulations–amendment


pursuant to Section 138B of the Insurance Act

The Governor in Council on the report and recommendation of the Minister of Finance and Treasury Board dated December 5, 2018, and pursuant to Section 138B of Chapter 231 of the Revised Statutes of Nova Scotia, 1989, the Insurance Act (“the Act”), is pleased to amend the Automobile Insurance Fault Determination Regulations, N.S. Reg. 106/2012, made by the Governor in Council by Order in Council 2012-168 dated May 15, 2012, to make the regulations consistent with amendments to the Act made by Chapter 3 of the Acts of 2018, the Cannabis Control Act, and with amendments to Chapter C-46 of the Revised Statutes of Canada, 1995, the Criminal Code (Canada) made by Chapter 21 of the Statutes of Canada, 2018, An Act to amend the Criminal Code (offences relating to conveyances) and to make consequential amendments to other Acts, in the manner set forth in Schedule “A” attached to and forming part of the report and recommendation, effective on and after December 18, 2018.

Schedule “A”

Amendment to the Automobile Insurance Fault Determination Regulations made by the Governor in Council pursuant to Section 138B of Chapter 231

of the Revised Statutes of Nova Scotia, 1989, the Insurance Act

1 Subsection 2(1) of the Automobile Insurance Fault Determination Regulations, N.S. Reg 106/2012, made by Governor in Council by Order in Council 2012-168 dated May 15, 2012, is redesignated as Section 2.

2 Subsection 22(1) of the regulations is amended by



(a) adding “or by a combination of alcohol and a drug” immediately after “or a drug” in clause (a);

(b) adding “or blood drug concentration level” immediately after “blood alcohol level” in clause (b);

(c) adding “or a sample of bodily substance” immediately after “provide a breath sample” in clause (d);

(d) striking out the period at the end of clause (e) and substituting a semicolon; and

(e) adding the following clause immediately after clause (e):

(f) a driver is given a demand to perform physical coordination tests or submit to an evaluation and they are charged with failing or refusing to comply with the demand.


Business Registry Regulations–amendment

Order in Council 2018-333 dated December 18, 2018 Amendment to regulations made by the Governor in Council pursuant to Section 4 of the Business Electronic Filing Act

The Governor in Council on the joint report and recommendation of the Minister of Service Nova Scotia and the Minister of Health and Wellness, dated November 10, 2018, and pursuant to Section 4 of Chapter 3 of the Acts of 1995-96, the Business Electronic Filing Act, is pleased to amend the Business Registry Regulations, N.S. Reg. 14/2000, made by the Governor in Council by Order in Council 2000-24 dated February 2, 2000, in the manner set forth in Schedule “A” attached to and forming part of the report and recommendation, effective on and after February 1, 2019.

Schedule “A”

Amendment to the Business Registry Regulations made by the Governor in Council under Section 4

of Chapter 3 of the Acts of 1995-96, the Business Electronic Filing Act

The table in Section 3 of the Business Registry Regulations, N.S. Reg. 14/2000, made by the Governor in Council by Order in Council 2000-24 dated February 2, 2000, is amended by adding the following row immediately before the row that begins with “Regulations under the Sales Tax Act”:

Safe Body Art Act all




Teacher Certification Regulations–amendment


pursuant to Section 98 of the Education Act

The Governor in Council on the report and recommendation of the Minister of Education and Early Childhood Development dated December 10, 2018, and pursuant to Section 98 of Schedule A to Chapter 1 of the Acts of 2018, the Education Act, is pleased to amend the Teacher Certification Regulations, N.S. Reg. 52/2018, made by the Governor in Council by Order in Council 2018-104 dated March 29, 2018, to update the requirements for an Initial Teacher’s Certificate and prescribe the requirements for conditional classes of teacher’s certificates[,] in the manner set forth in Schedule “A” attached to and forming part of the report and recommendation, effective on and after January 1, 2019.

Schedule “A”

Amendments to the Teacher Certification Regulations made by the Governor in Council under Section 98 of Schedule A of [to] Chapter 1 of the Acts of 2018,

the Education Act

1 Subsection 4(3) of the Teacher Certification Regulations, N.S. Reg. 52/2018, made by the Governor in Council by Order in Council 2018-104 dated March 29, 2018, is amended by adding “a” immediately before “teacher’s certificate”.

2 Subsection 10(2) of the regulations is amended by striking out “A teacher’s certificate” and substituting “Except as otherwise provided in these regulations, a teacher’s certificate”.

3 (1) Section 20 of the regulations is amended by re-designating the first subsection as subsection (1).

(2) Subsection 20(1) is amended by striking out the clause letter before each definition.

4 Subsection 24(3) of the regulations is amended by

(a) striking out “subsections (1) and (2)” and substituting “this Section”; and

(b) adding “the” immediately before “Atlantic” in clause (b).

5 Section 36 of the regulations is repealed and the following Section substituted:

36 (1) A Bridging Teacher’s Certificate issued or continued before January 1, 2019, is continued until the earlier of the following dates:

(a) the date the certificate is revoked or cancelled;

(b) the date the holder of the Bridging Teacher’s Certificate is granted another class of certificate in accordance with these regulations.



(2) For greater certainty, on and after January 1, 2019, a person holding a valid Bridging Teacher’s Certificate who meets the qualifications in Section 37 is eligible to apply to the Registrar for any class of teacher’s certificate for which the person is qualified under these regulations.

6 Section 37 of the regulations is repealed and the following Section substituted:

37 The Registrar may grant an Initial Teacher’s Certificate to a person who meets at least 1 of the following qualifications:

(a) completion of all of the following:

(i) at least 3 years of approved undergraduate studies,

(ii) at least 2 years of an approved program of professional studies,

(iii) an approved bachelor degree from a recognized university;

(b) they hold a valid teacher’s certificate granted by an authority in a Canadian province or territory outside the Province;

(c) they hold a valid Bridging Teacher’s Certificate continued by subsection 36(1).

7 The regulations are further amended by adding the following Section immediately after Section 37:

Conditional Initial Teacher’s Certificate 37A The Registrar may grant a conditional Initial Teacher’s Certificate to a person who has not

previously held a teacher’s certificate or a conditional teacher’s certificate granted under these regulations or the former regulations in either of the following circumstances:

(a) the person does not meet the qualifications for an Initial Teacher’s Certificate in Section 37 but has completed at least 4 years of undergraduate study, including all of the following:

(i) an approved bachelor’s degree from a recognized university or qualifications from a recognized university that the Registrar considers to be equivalent to such a degree;

(ii) an approved program of professional studies that consists of a minimum of 30 credit hours of course work, including practicum;

(b) the person does not meet the qualifications for an Initial Teacher’s Certificate in Section 37 but holds a conditional or temporary teacher’s certificate granted by an authority in a Canadian jurisdiction outside the Province.


Conditional Advanced Teacher’s Certificate 1 38A The Registrar may grant a conditional Advanced Teacher’s Certificate 1 to a person who meets all of

the following:

(a) the qualifications required for a conditional Initial Teacher’s Certificate in Section 37A;

(b) the qualifications required by clause 38(b) for an Advanced Teacher’s Certificate 1.





the following:

(a) the qualifications required for a conditional Advanced Teacher’s Certificate 1 in Section 38A;

(b) the qualifications required by clause 39(b) for an Advanced Teacher’s Certificate 2.

10 The regulations are further amended by adding the following Sections immediately after Section 40:


the following:

(a) the qualifications required for a conditional Advanced Teacher’s Certificate 2 in Section 39A;

(b) completion of 1 of the following additional programs:

(i) an approved

(A) certificate program,

(B) degree program, or

(C) integrated program,

(ii) the Nova Scotia Instructional Leadership Program;

(c) if not completed as part of the requirements in clause (a) or (b),

(i) completion of at least 6 credit hours of approved study in research methods or research literacy, or any combination of them totalling 6 credit hours of approved study, and

(ii) an approved graduate degree from a recognized university.

Term and extension of conditional teacher’s certificate 40B (1) Unless extended under subsection (2), a conditional teacher’s certificate of any class is valid

until the earlier of the following dates:

(a) 5 years from the date the conditional teacher’s certificate is granted;

(b) the date the holder of the conditional teacher’s certificate meets the qualifications required for a teacher’s certificate.

(2) Subject to subsection (3), the Registrar may extend the 5-year period in clause (1)(a) for a further period, as determined by the Registrar, by considering any matters the Registrar considers appropriate, including illness of the holder of the certificate and the unavailability of any required course.



(3) An extension may not be granted under subsection (2) unless the holder of the conditional teacher’s certificate requests an extension before the date that their conditional teacher’s certificate expires.

Conditions and restrictions on conditional teacher’s certificate 40C The Registrar may impose the conditions or restrictions on a conditional teacher’s certificate that the

Registrar considers necessary to ensure the holder’s suitability and fitness to teach in the Province.

11 The regulations are further amended by striking out “Endorsation” in the heading immediately before Section 41 and substituting “Post-August 1, 2005 endorsation”.

12 Subsection 41 of the regulations is amended by adding “after August 1, 2005,” immediately after “application” in subsection (1).

13 (1) Subsection 42(1) of the regulations is amended by striking out “37” and substituting “44”.

(2) Clause 42(2)(b) of the regulations is amended by striking out “Section 44 to” and substituting “Sections 45 and”.

14 Subsection 44(2) of the regulations is amended by striking out “38” and substituting “47”.

15 Clause 51(1)(a) of the regulations is amended by striking out “holds” and substituting “hold”.

16 Subclause 53(c)(i) is amended by striking out the comma immediately after “education”.

17 Clause 54(c) of the regulations is amended by

(a) striking out the comma immediately after “education” in subclause (i);

(b) striking out the comma immediately after “education” in subclause (ii); and

(c) striking out the comma immediately after “knowledge” in subclause (iv).

18 Clause 55(d) of the regulations is amended by

(a) striking out the comma immediately after “education” in subclause (i);

(b) striking out the comma immediately after “education” in subclause (ii);

(c) striking out “clause (b)” in subclause (iii) and substituting “clause (c)”; and

(d) striking out the comma immediately after “knowledge” in subclause (iv).

19 Subclause 56(d)(iv) is amended by striking out “and” immediately after the semicolon.




Blood Drug Concentration Regulations

Order in Council 2018-336 dated December 18, 2018 Regulations made by the Governor in Council

pursuant to Section 279A of the Motor Vehicle Act

The Governor in Council on the report and recommendation of the Minister of Transportation and Infrastructure Renewal dated December 6, 2018, and pursuant to Section 279A of Chapter 293 of the Revised Statutes of Nova Scotia, 1989, the Motor Vehicle Act, is pleased to make regulations respecting blood drug concentrations, in the form set forth in Schedule “A” attached to and forming part of the report and recommendation, effective on and after December 18, 2018.

Schedule “A”

Regulations Respecting Blood Drug Concentration made by the Governor in Council under Section 279A

of Chapter 293 of the Revised Statutes of Nova Scotia, 1989, the Motor Vehicle Act

Citation 1 These regulations may be cited as the Blood Drug Concentration Regulations.

Definitions 2 In these regulations,

“Act” means the Motor Vehicle Act;

“Blood Drug Concentration Regulations” means the Blood Drug Concentration Regulations made under the Criminal Code;

“Criminal Code” means the Criminal Code (Canada).

Prescribed blood drug concentration 3 The prescribed blood drug concentrations for subclause 279A(1)(a)(iv) of the Act are those prescribed in

the Blood Drug Concentration Regulations for the purposes of subsection 320.14(4) and paragraph 320.14(1)(c) of the Criminal Code.

Prescribed blood drug and blood alcohol concentration 4 The prescribed blood drug and blood alcohol concentrations for subclause 279A(1)(a)(v) of the Act are

those prescribed in the Blood Drug Concentration Regulations for the purposes of paragraph 320.14(1)(d) of the Criminal Code.




Alcohol Rehabilitation Programs Regulations–amendment


pursuant to subsection 67(13) of the Motor Vehicle Act

The Governor in Council on the report and recommendation of the Minister of Transportation and Infrastructure Renewal dated December 6, 2018, and pursuant to subsection 67(13) of Chapter 293 of the Revised Statutes of Nova Scotia, 1989, the Motor Vehicle Act (“the Act”), is pleased to amend the Alcohol Rehabilitation Programs Regulations, N.S. Reg. 99/2001, made by the Governor in Council by Order in Council 2001-373 dated July 30, 2001, to make the regulations consistent with amendments to the Act made by Chapter 3 of the Acts of 2018, the Cannabis Control Act, and with amendments to Chapter C-46 of the Revised Statutes of Canada, 1985, the Criminal Code, made by Chapter 21 of the Statutes of Canada, 2018, An Act to amend the Criminal Code (offences relating to conveyances) and to make consequential amendments to other Acts, in the manner set forth in Schedule “A” attached to and forming part of the report and recommendation, effective on and after December 18, 2018.

Schedule “A”

Amendment to the Alcohol Rehabilitation Programs Regulations made by the Governor in Council under subsection 67(13) of

Chapter 293 of the Revised Statutes of Nova Scotia, 1989, the Motor Vehicle Act

1 Section 2 of the Alcohol Rehabilitation Programs Regulations, N.S. Reg. 99/2001, made by the Governor in Council by Order in Council 2001-373 dated July 30, 2001, is amended by

(a) striking out “district”; and

(b) striking out “alcohol related driving offence” and substituting “impairment-related offence involving alcohol”.

2 The regulations are further amended by striking out “district” in subsection 3(2).




Alcohol Ignition Interlock Program Regulations–amendment


pursuant to subsection 67(13) of the Motor Vehicle Act

The Governor in Council on the report and recommendation of the Minister of Transportation and Infrastructure Renewal dated December 6, 2018, and pursuant to subsection 67(13) of Chapter 293 of the Revised Statutes of Nova Scotia, 1989, the Motor Vehicle Act (“the Act”), is pleased to amend the Alcohol Ignition Interlock Program Regulations, N.S. Reg. 298/2008, made by the Governor in Council by Order in Council 2008-309 dated June 3, 2008, to make the regulations consistent with amendments to the Act made by Chapter 3 of the Acts of 2018, the Cannabis Control Act, and with amendments to Chapter C-46 of the Revised Statutes of Canada, 1985, the Criminal Code, made by Chapter 21 of the Statutes of Canada, 2018, An Act to amend the Criminal Code (offences relating to conveyances) and to make consequential amendments to other Acts, in the manner set forth in Schedule “A” attached to and forming part of the report and recommendation, effective on and after December 18, 2018.

Schedule “A”

Amendment to the Alcohol Ignition Interlock Program Regulations made by the Governor in Council under subsection 67(13) of

Chapter 293 of the Revised Statutes of Nova Scotia, 1989, the Motor Vehicle Act

1 Section 2 of the Alcohol Ignition Interlock Program Regulations, N.S. Reg. 298/2008, made by the Governor in Council by Order in Council 2008-309 dated June 3, 2008, is amended by repealing the definition of “Addiction Services” and substituting the following definition:

“Addiction Services” means an addiction services office operated as a health service by a health authority as defined in the Health Authorities Act;

2 (1) Subsection 4(1) of the regulations is repealed and the following subsection substituted:

(1) A person whose regular license is revoked for the first time for a violation of subsection 320.14(1) or 320.15(1) of the Criminal Code, if the violation involved alcohol, may apply to participate in the Program.

(2) Subclauses 4(2)(b)(i), (ii) and (iii) of the regulations are repealed and the following subclauses substituted:

(i) subsection 320.14(1), if the violation involved alcohol,

(ii) subsection 320.15(1), if the violation involved alcohol,

(iii) subsection 320.18(1), if the prohibition was for an alcohol-related offence;

(3) Clause 4(2)(c) of the regulations is amended by striking out “section 255 of the Criminal Code” and substituting “subsection 320.14(2), 320.14(3), 320.15(2) or 320.15(3) of the Criminal Code, if the violation involved alcohol”.



(4) Clause 4(2)(ca) of the regulations is amended by striking out “section 253 or 255 of the Criminal Code” and substituting “section 320.14 or 320.15 of the Criminal Code, if the violation involved alcohol”.

3 (1) Clauses 5(2)(a) and (b) of the regulations are repealed and the following clauses substituted:

(a) the applicable minimum wait period established under subsection 320.24(10) of the Criminal Code has expired;

(b) the following wait period has expired, beginning with the date of the person’s most recent revocation under Section 278 for a violation of section 320.14 or 320.15 of the Criminal Code, if the violation involved alcohol, or section 320.18 of the Criminal Code, if the original prohibition involved alcohol:

(i) any period fixed by order of the court, for a first revocation,

(ii) 3 months, for a second revocation,

(iii) 6 months, for a third revocation,

(iv) 10 years, for a fourth revocation;

(2) Subsection 5(3) of the regulations is repealed and the following subsection substituted:

(3) A person whose regular license has been revoked for a violation of subsection 320.14(2), 320.14(3), 320.15(2) or 320.15(3) of the Criminal Code, if the violation involved alcohol, is not eligible to participate in the Program until after their revocation period expires.

4 (1) Subsection 18(3) of the regulations is amended by striking out the text before clause (a) and substituting “A person whose license has been revoked for a violation of subsection 320.14(1) or 320.15(1) of the Criminal Code, if the violation involved alcohol, or subsection 320.18(1) of the Criminal Code, if the original prohibition involved alcohol, must participate in the Program for the following applicable minimum period:”.

(2) Subsection 18(4) of the regulations is amended by striking out the text before clause (a) and substituting :[“]A person whose license has been revoked for a violation of subsection 320.14(2), 320.14(3), 320.15(2) or 320.15(3) of the Criminal Code must participate in the Program for the following applicable minimum period:”.

(3) Subsection 18(5A) of the regulations is amended by striking out “section 253 or 255 of the Criminal Code” and substituting “section 320.14 or 320.15 of the Criminal Code”.

(4) Subsection 18(5C) of the regulations is amended by striking out “section 253 of the Criminal Code” and substituting “section 320.14 of the Criminal Code”.




Provincially Approved Screening Devices Regulations–amendment


pursuant to subsection 100B(15) of the Motor Vehicle Act

The Governor in Council on the report and recommendation of the Minister of Transportation and Infrastructure Renewal dated December 6, 2018, and pursuant to subsection 100B(15) of Chapter 293 of the Revised Statutes of Nova Scotia, 1989, the Motor Vehicle Act (“the Act”), is pleased to amend the Provincially Approved Screening Devices Regulations, N.S. Reg. 126/1999, made by the Governor in Council by Order in Council 1999-562 dated November 10, 1999, to make the regulations consistent with amendments to the Act made by Chapter 3 of the Acts of 2018, the Cannabis Control Act, and with amendments to Chapter C-46 of the Revised Statutes of Canada, 1985, the Criminal Code, made by Chapter 21 of the Statutes of Canada, 2018, An Act to amend the Criminal Code (offences relating to conveyances) and to make consequential amendments to other Acts, in the manner set forth in Schedule “A” attached to and forming part of the report and recommendation, effective on and after December 18, 2018.

Schedule “A”

Amendment to the Provincially Approved Screening Devices Regulations made by the Governor in Council under subsection 100B(15) of Chapter 293 of the Revised Statutes of Nova Scotia, 1989,

the Motor Vehicle Act

Section 2 of the Provincially Approved Screening Devices Regulations, N.S. Reg. 126/1999, made by the Governor in Council by Order in Council 1999-562 dated November 10, 1999, is amended by striking out “section 254” in clauses (a) and (b) and substituting “section 320.11”.




Prescribed Petroleum Products Prices

Order dated December 20, 2018 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 In the matter of the Petroleum Products Pricing Act

M09014

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

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 December 19, 2018, are:

Grade 1 Regular gasoline 50.23¢ per litre Ultra-low-sulfur diesel oil 64.57¢ per litre

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

Gasoline: Grade 1 50.23¢ per litre Grade 2 53.23¢ per litre Grade 3 56.23¢ per litre

Ultra-low-sulfur diesel oil 64.57¢ 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 1.3¢ per litre Ultra-low-sulfur diesel oil: minus 1.4¢ per litre

And whereas a winter blending adjustment of plus 3.61[¢] per litre is required for ultra-low-sulfur diesel oil;

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., December 21, 2018.



Dated at Halifax, Nova Scotia, this 20th day of December, 2018.

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 December 21, 2018

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










Liquor Plebiscite Regulations–repeal

Order in Council 2018-345 dated December 21, 2018 Repeal of regulations made by the Nova Scotia Liquor Corporation

and approved by the Governor in Council pursuant to Section 15 of the Liquor Control Act

The Governor in Council on the report and recommendation of the Minister responsible for the Liquor Control Act dated December 15, 2018, and pursuant to Section 15 of Chapter 260 of the Revised Statutes of Nova Scotia, 1989, the Liquor Control Act, is pleased to approve the repeal by the Nova Scotia Liquor Corporation of the Liquor Plebiscite Regulations, N.S. Reg. 9/2007, made by the Nova Scotia Liquor Corporation and approved by the Governor in Council by Order in Council 2007-12 dated January 9, 2007, effective on and after January 1, 2019.

Schedule “A”

Nova Scotia Liquor Corporation

Repeal of the Liquor Plebiscite Regulations made by the Nova Scotia Liquor Corporation under Section 15

of Chapter 260 of the Revised Statutes of Nova Scotia, 1989, the Liquor Control Act

I certify that on November 19, 2018, the Nova Scotia Liquor Corporation, pursuant to Section 15 of Chapter 260 of the Revised Statutes of Nova Scotia, 1989, the Liquor Control Act, passed a resolution to repeal the Liquor Plebiscite Regulations, N.S. Reg. 9/2007, made by the Nova Scotia Liquor Corporation and approved by the Governor in Council by Order in Council 2007-12 dated January 9, 2007, subject to the approval of the Governor in Council.

The repeal is effective on and after January 1, 2019.

Signed at Halifax, Halifax Regional Municipality, Nova Scotia, December 3, 2018.

sgd: H. MacDougall Heather MacDougall Corporate Secretary Nova Scotia Liquor Corporation


contents act reg. no. page - nova scotia2019/01/04 · n.s. reg. 223/2018 royal gazette part ii -...

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