NS Royal Gazette Part I

Published by Authority PART 1 VOLUME 218, NO. 18

HALIFAX, NOVA SCOTIA, WEDNESDAY, MAY 6, 2009

A certified copy of an Order in Council WHEREAS we have thought fit by and with the dated May 5, 2009 advice of Our Executive Council for Nova Scotia to dissolve this present General Assembly, We do for 2009-242 that end publish this Our Royal Proclamation and do hereby dissolve the said General Assembly The Lieutenant Governor of the Province of Nova accordingly, and the Members of the House of Scotia by and with the advice of the Executive Assembly are discharged from their meeting and Council of Nova Scotia is pleased to order that this attendance; present General Assembly of Nova Scotia be dissolved and that an election be instituted in all of AND WE, being desirous and resolved as soon as the Electoral Districts of Nova Scotia and is further may be to meet Our People of Our Province of Nova pleased to fix the date of the Writs of Election as Scotia, and to have their advice in General Assembly, Tuesday, May 5, 2009, and to fix the date of ordinary do hereby make known Our Royal Will and Pleasure to polling day as Tuesday, June 9, 2009 and to order call a General Assembly, and do hereby further that a Proclamation do issue accordingly. declare that by and with the advice of Our said Executive Council, We have this day given orders for Certified to be a true copy the issuing of Our Writs in due form for the election of sgd: R. C. Fowler Members to serve in the House of Assembly for the R. C. Fowler several Electoral Districts of the Province, which Writs Clerk of the Executive Council are to bear date the 5th day of May, 2009, and the date of ordinary polling day to be Tuesday, the 9th day of June, 2009.

IN TESTIMONY WHEREOF We have caused these PROVINCE OF NOVA SCOTIA our Letters to be made Patent and the Great Seal of Nova Scotia to be hereunto sgd: Mayann Francis affixed.

G/S WITNESS, Our Trusty and Well Beloved Her Honour the Honourable Mayann E. Francis, ELIZABETH THE SECOND, by the Grace of God, Lieutenant Governor of the Province of of the United Kingdom, Canada and Her Nova Scotia. Other Realms and Territories, Queen, Head of the Commonwealth, Defender of the Faith. AT Our Government House in the Halifax Regional Municipality, this 5th day of May, in the year of Our Lord two thousand and nine TO ALL TO WHOM THESE PRESENTS SHALL and in the 58th year of Our Reign. COME, OR WHOM THE SAME MAY IN ANY WISE CONCERN, BY COMMAND:

G R E E T I N G: sgd: Cecil P. Clarke PROVINCIAL SECRETARY A PROCLAMATION MINISTER OF JUSTICE AND ATTORNEY GENERAL

IN THE COURT OF PROBATE FOR NOVA SCOTIA Notice of Dissolution IN THE ESTATE OF Ivan Zivanovic, Deceased Co-operative Associations Act

Notice of Application As required by the Co-operative Associations Act, (S.64(3)(a)) Section 45(3), Chapter 98 of the Revised Statutes 1989, amended 2001, take notice that Longhouse Housing The applicant, THOMAS IVAN ZIVANOVIC, of Co-operative Limited, ID# 1812768 has not answered 283 Preakness Crescent, Fall River, Halifax Regional a second letter asking whether the co-operative is Municipality, Nova Scotia, B2T 1W8, appointed the carrying on business or in operation. Executor and Trustee, and also named as a beneficiary, of and under the Will of Ivan Zivanovic, Take notice that at the expiration of one month dated March 6, 2006, has applied to the Judge of the from the date of this notice Longhouse Housing Co- Probate Court of Nova Scotia, at the Probate District operative Limited will, unless cause is shown to the of Halifax, 1815 Upper Water Street, Halifax, Nova contrary, be struck off the register and the association Scotia, B3J 1S7, to prove the Will of Ivan Zivanovic dissolved. in solemn form, to be heard on Thursday, the 11th day of June, 2009, at 2:00 p.m., Atlantic Daylight Ronald Skibbens Savings Time. Inspector of Co-operatives

The affidavit of Thomas Ivan Zivanovic in Form Notice of Dissolution 46, and the affidavit of Christian Collins and Belinda Co-operative Associations Act Goodwin-Collins in Form 2, copies of which are attached to this Notice of Application, are filed in As required by the Co-operative Associations Act, support of this application. Other materials may be Section 43, Chapter 98 of the Revised Statutes 1989, filed and will be delivered to you or your lawyer amended 2001, take notice that North Wind Farm before the hearing. and Food Co-operative Limited, ID# 3065159 has not submitted a general statement in such form and NOTICE: If you contest any part of the including such details as required by the Inspector of application you must complete and file a notice of the affairs of the association. objection in Form 47 with the court, and then serve the notice of objection on the personal Take notice that at the expiration of one month representative and each person interested in the from the date of this notice North Wind Farm and estate. Food Co-operative Limited will, unless cause is shown to the contrary, be struck off the register and If you do not file and serve a notice of objection the association dissolved. you will not be entitled to any notice of further proceedings and you may only make representations Ronald Skibbens at the hearing with the permission of the registrar or Inspector of Co-operatives judge. Notice of Voluntary Winding Up and Dissolution If you do not come to the hearing in person or as Co-operative Associations Act represented by your lawyer the court may give the applicant what they want in your absence. You will As required by the Co-operative Associations Act, be bound by any order the court makes. Section 44, Chapter 98 of the Revised Statutes 1989, amended 2001 and proclaimed in 2002, take notice Therefore, if you contest any part of this that Seaspray Atlantic Organic Farmers Co- application you or your lawyer must file and serve a operative Limited, ID# 3204433 has held a notice of objection in Form 47 and come to the membership meeting and has passed a special hearing. resolution to wind up and dissolve.

DATED April 23, 2009. Take notice that this association will be struck from the Register of Joint Stock Companies not sooner B. William Piercey, QC than one month from the date of this publication, and Solicitor for the Applicant the association will be dissolved unless cause is Quackenbush, Thomson & Robbins shown to the contrary. 2571 Windsor Street Halifax, Nova Scotia B3K 5C4 Ronald Skibbens Telephone: (902) 492-1655 Inspector of Co-operatives Fax: (902) 492-1697 E-mail: [email protected] IN THE MATTER OF: The Companies Act, Chapter 81, R.S.N.S., 1989, as amended; 1012 May 6-2009 - (3iss) - and -

IN THE MATTER OF: An Application by NOTICE IS HEREBY GIVEN that PLS of Canada 3229868 Nova Scotia Company for Leave to Company intends to make an application to the Surrender its Certificate of Incorporation Registrar of Joint Stock Companies for leave to surrender its Certificate of Incorporation. NOTICE IS HEREBY GIVEN that 3229868 Nova Scotia Company intends to make an application to DATED this May 6, 2009. the Registrar of Joint Stock Companies for leave to surrender its Certificate of Incorporation. Charles S. Reagh / Stewart McKelvey Solicitor for PLS of Canada Company DATED May 6, 2009. 1027 May 6-2009 Kimberly Bungay / Stewart McKelvey Solicitor for 3229868 Nova Scotia Company IN THE MATTER OF: The Nova Scotia Companies Act, R.S.N.S. 1989, as amended 1051 May 6-2009 - and - IN THE MATTER OF: The Application of IN THE MATTER OF: The Companies Act, Sunny Glen Eggs Ltd. for Leave to Surrender Chapter 81, R.S.N.S., 1989, as amended; its Certificate of Continuance - and - IN THE MATTER OF: An Application by NOTICE is hereby given that Sunny Glen Eggs BJ Services Canada Holding Company for Ltd., a body corporate, duly incorporated under the Leave to Surrender its Certificate of Incorporation laws of the Province of Nova Scotia, with registered office at Halifax, Nova Scotia, intends to apply to the NOTICE IS HEREBY GIVEN that BJ Services Registrar of Joint Stock Companies for the Province of Canada Holding Company intends to make an Nova Scotia for leave to surrender its Certificate of application to the Registrar of Joint Stock Continuance and for its dissolution consequent Companies for leave to surrender its Certificate of thereon pursuant to the provisions of Section 137 of Incorporation. the Companies Act, being Chapter 81 of the Revised Statutes of Nova Scotia, 1989, as amended. DATED this May 6, 2009. DATED at Halifax Regional Municipality, Province Charles S. Reagh / Stewart McKelvey of Nova Scotia, this 6th day of May, 2009. Solicitor for BJ Services Canada Holding Company Brian MacLellan 1055 May 6-2009 WICKWIRE HOLM 1801 Hollis Street, Suite 2100 IN THE MATTER OF: The Companies Act, PO Box 1054, Halifax NS B3J 2X6 Chapter 81, R.S.N.S., 1989, as amended; Solicitor for Sunny Glen Eggs Ltd. - and - IN THE MATTER OF: An Application by 1054 May 6-2009 BJ Services Holdings (Nova Scotia) Company for Leave to Surrender its Certificate of Incorporation FORM A

NOTICE IS HEREBY GIVEN that BJ Services CHANGE OF NAME ACT Holdings (Nova Scotia) Company intends to make Notice of Application for Change of Name an application to the Registrar of Joint Stock Companies for leave to surrender its Certificate of NOTICE is hereby given that an application will be Incorporation. made to the Registrar General for a change of name, pursuant to the provisions of the Change of Name Act, DATED this May 6, 2009. by me: Brandon Christopher Allen of 138 Mountain Lee Road in North River, in the Province of Nova Charles S. Reagh / Stewart McKelvey Scotia as follows: Solicitor for BJ Services Holdings (Nova Scotia) Company To change my name from Brandon Christopher Allen to Brandon Christopher Gill. 1056 May 6-2009 DATED this 26th day of April, 2009. IN THE MATTER OF: The Companies Act, Chapter 81, R.S.N.S., 1989, as amended; Brandon Allen - and - (Signature of Applicant) IN THE MATTER OF: An Application by PLS of Canada Company for Leave to 1009 May 6-2009 Surrender its Certificate of Incorporation

FORM A To change my name from Rachel Anna Pezim to Rachel Anna Zukiwski-Pezim. CHANGE OF NAME ACT Notice of Application for Change of Name DATED this 20th day of April, 2009.

NOTICE is hereby given that an application will Rachel Zukiwski-Pezim be made to the Registrar General for a change of (Signature of Applicant) name, pursuant to the provisions of the Change of Name Act, by me: Arthur Glenn Crane of 71 1008 May 6-2009 Alderney Drive in Enfield, in the Province of Nova Scotia as follows: FORM 17 NSUARB-PTR-08-02

To change my minor unmarried children’s NOVA SCOTIA UTILITY AND REVIEW BOARD names: a) from Daniel Phillip Glenn Dwyer-Crane to IN THE MATTER OF THE MOTOR CARRIER ACT Daniel Phillip Glenn Dwyer Crane - and - b) from Liam Alexander Dwyer-Crane to Liam IN THE MATTER OF THE MOTOR VEHICLE Alexander Dwyer Crane TRANSPORT ACT c) from Abigail Rebecca Dwyer-Crane to Abigail - and - Rebecca Dwyer Crane. IN THE MATTER OF THE APPLICATION of DOUBLE DECKER TOURS INCORPORATED for DATED this 29th day of April, 2009. the transfer of Motor Carrier License No. 2346 and Extra-Provincial Operating License Arthur Crane No. X 2478 to AIRPORTER 2008 INC. under (Signature of Applicant) the provisions of the said Acts

1011 May 6-2009 NOTICE OF APPLICATION

FORM A TAKE NOTICE THAT DOUBLE DECKER TOURS INCORPORATED of 7 Parkview Lane, Dartmouth, CHANGE OF NAME ACT Nova Scotia, B2W 6E5, has applied to the Nova Scotia Notice of Application for Change of Name Utility and Review Board (the “Board”) under the provisions of the Motor Carrier Act for approval of the NOTICE is hereby given that an application will transfer of Motor Carrier License No. 2346 and under be made to the Registrar General for a change of the provisions of the Motor Vehicle Transport Act for name, pursuant to the provisions of the Change of the approval of the transfer of Extra-Provincial Name Act, by me: Kimberley Ann Rosalie O’Malley Operating License No. X 2478 to AIRPORTER 2008 of 11 Pond Drive, RR 3 in Middleton, in the Province INC., which provides the following: of Nova Scotia as follows: SERVICES: To change my name from Kimberley Ann Rosalie O’Malley to Brooke Ann Sheelin MOTOR CARRIER LICENSE NO. 2346 O’Connor. (1) Specialty Irregular Restricted Area Public DATED this 29th day of April, 2009. Passenger Charter Service - the transportation of tour groups organized by Kimberley O’Malley Blue Diamond Tours from any point in the (Signature of Applicant) Province of Nova Scotia, one way or return.

1049 May 6-2009 (2) Specialty Irregular Restricted Area Public Passenger Charter Service FORM A - the transportation of cruise ship passengers from any port in Nova Scotia to any point CHANGE OF NAME ACT within the Province of Nova Scotia one way or Notice of Application for Change of Name return. This service to be provided between April 1 and November 15. NOTICE is hereby given that an application will be made to the Registrar General for a change of (3) Specialty Contract Area Public Passenger Service name, pursuant to the provisions of the Change of and the Carriage of Parcel Express Name Act, by me: Rachel Anna Pezim of 5676 - the transportation of air passengers arriving Ontario Street in Halifax, in the Province of Nova and departing from the Halifax International Scotia as follows: Airport to points in the Halifax-Dartmouth area in accordance with a contract filed with the

Board between Double Decker Tours Inc. to be applied by Susan Elizabeth Wamboldt, to be and the Halifax International Airport heard on August 31, September 1, 2 and 3, 2009, at Authority and also the carriage of parcel 9:30 a.m. express, air flight passengers, air crews and employees of the airport between said The affidavit of Randy J. Wamboldt in Form 46, a points. copy of which is attached to this Notice of Application, is filed in support of this application. (4) Specialty Irregular Restricted Area Public Other materials may be filed and will be delivered to Passenger Charter Service you or your lawyer before the hearing. - the carriage of any organized group by charter arrangement from any point within NOTICE: If you contest any part of the application the Halifax Regional Municipality to points you must complete and file a notice of objection in within Nova Scotia one way or return. This Form 47 with the court, and then serve the notice of service to be provided between April 1 and objection on the personal representative and each December 15. person interested in the estate.

EXTRA-PROVINCIAL OPERATING LICENSE If you do not file and serve a notice of objection you NO. X 2478 will not be entitled to any notice of further proceedings and you may only make representations at the hearing (1) Specialty Irregular Restricted Area Public with the permission of the registrar or judge. Passenger Charter Service - the transportation of passengers on one day If you do not come to the hearing in person or as charters and sightseeing trips from any represented by your lawyer the court may give the point in the Province of Nova Scotia to all applicant what they want in your absence. You will points in New Brunswick and Prince Edward be bound by any order the court makes. Island as authorized thereby one way or return. Therefore, if you contest any part of this application you or your lawyer must file and serve a notice of Copy of the Application and particulars of it and objection in Form 47 and come to the hearing. the Licenses may be seen at the offices of the Board, Suite 300, 1601 Lower Water Street, Halifax, Nova DATED May 25, 2005. Scotia. Randy J. Wamboldt Unless the Board on or before 4:00 p.m. on the 3rd c/o Allen C. Fownes day of June, 2009, receives a written objection to Lawyer for Applicant the Application, setting out the reasons for the Crowe Dillon Robinson objection, the Application may be dealt with 7075 Bayers Road, Suite 2000 without a hearing. Halifax NS B3L 2C1 Telephone: (902) 453-1732; Fax: (902) 454-9948 NOTE: Pursuant to Chapter 292 of the Revised Statutes, 1989, the date of any public hearing of this 951 April 29-2009 - (3iss) application will not be advertised in the Royal Gazette. IN THE COURT OF PROBATE FOR NOVA SCOTIA IN THE ESTATE OF Derreen Isobelle Munro, DATED at Halifax, Nova Scotia this 5th day of Deceased May, 2009. Application to Prove Will in Solemn Form (s. 31(1)) DECKER DECKER TOURS INCORPORATED Notice of Application NAME OF APPLICANT (S.64(3)(a))

May 6-2009 - (2iss) The applicant, M. Estelle Theriault, Q.C., Public Trustee of Nova Scotia, proposed Administrator with IN THE COURT OF PROBATE FOR NOVA SCOTIA Will Annexed, has applied to the Judge of the Court of IN THE ESTATE OF Harry Gordon Wamboldt, Probate, Judicial District of Halifax, The Law Courts, Deceased 1815 Upper Water Street, Halifax, Nova Scotia, B3J 1S7 to have the Will of the late Derreen Isobelle Munro proved in solemn form and its validity determined and Notice of Application st (S.64(3)(a)) such application is to be heard on Monday, the 1 of June, 2009, at 9:30 a.m. The applicant, Randy J. Wamboldt, has applied The affidavit of M. Estelle Theriault, Q.C. in Form to the Registrar of the Probate Court of Nova Scotia, 46, a copy of which is attached to this Notice of at the Probate District of Halifax, 1815 Upper Water Application, is filed in support of this application. Street, Halifax, Nova Scotia, for proof in solemn form

Other materials may be filed and will be delivered transportation of cruise ship passengers from any to you or your lawyer before the hearing. port in Nova Scotia to any point in Nova Scotia on sightseeing excursions and return. NOTICE: If you contest any part of the application you must complete and file a notice of objection in Rates: As per Motor Carrier License No. 2785 Form 47 with the court, and then serve the notice of objection on the personal representative and each RATES, TOLLS AND CHARGES: person interested in the estate. Amend Schedule "D" Rates, Tolls and Charges: If you do not file and serve a notice of objection you will not be entitled to any notice of further By deleting the Existing Rates outlined below: proceedings and you may only make representations at the hearing with the permission of the registrar or 1. $62.00 (CAN Funds) per person for a five (5) hour judge. tour (June, July, August, September and October) which includes lunch and museum tour. If you do not come to the hearing in person or as represented by your lawyer the court may give the $27.00 (CAN Funds) per person for 2½ hour tour applicant what they want in your absence. You will (June, July, August, September and October) be bound by any order the court makes. which includes a museum tour.

Therefore, if you contest any part of this 2. Rate per Km Live $1.50 application you or your lawyer must file and serve a Rate per Km Deadhead $1.25 notice of objection in Form 47 and come to the Minimum charge $150.00 hearing. Hourly Rate $55.00 Daily Rate $350.00 DATED April 15, 2009. *Applies after 5 hours and not more than 10 hours

A. Lawrence Graham, QC Whichever is greater of the above shall apply. Lawyer for Applicant PO Box 70, 320 River Denys Road Additional Charges: Judique NS B0E 1P0 Telephone: (902) 787-2287; Fax: (902) 787-2462 - At the discretion of A Day By The Sea Tour E-mail: [email protected] Limited, a person chartering a vehicle to familiarize travel agents, travel writers, tour 891 April 22-2009 - (3iss) operators and/or tourism department and agency employees with Nova Scotia and/or the Atlantic FORM 17A NSUARB - PAM-09-15 Provinces may pay reduced tariff charges, as defined by the company. NOVA SCOTIA UTILITY AND REVIEW BOARD - A charge of $75.00 will be made for Driver’s IN THE MATTER OF THE MOTOR CARRIER ACT overnight accommodations, if not paid by the -and- customer. IN THE MATTER OF THE APPLICATION of A DAY BY THE SEA TOUR LIMITED to - Driver’s meals billed at $24.00 per day unless amend Motor Carrier License No. 2785 paid by customer.

NOTICE OF APPLICATION - HST, bridges, ferries, parking and attractions.

TAKE NOTICE THAT A DAY BY THE SEA TOUR - A deposit may be required at time of booking. LIMITED of P.O. Box 143, Lower South Pubnico, Yarmouth County, NS, B0W 2C0, has applied to the - A cancellation charge applies if less than 2 Nova Scotia Utility and Review Board (the “Board”) weeks’ notice is given equalling10% of the charter. on April 24, 2009 under the provisions of the Motor Carrier Act for an Amendment to Motor Carrier By replacing the existing rates (above) with the License No. 2785, as follows: following Proposed Rates:

SERVICE: 1. - $60.00 (US Funds) per person for a five (5) hour tour (June, July, August, September and October) 1) Amend Schedule "F" by adding the following which includes lunch and museum tour. service: - $32.00 (US Funds) per person for 2½ hour tour Speciality Irregular Restricted Area Public (June, July, August, September and October) Passenger Charter Service - for the which includes a museum tour.

2. Rate per Km Live $1.75 - A deposit may be required at time of booking. Rate per Km Deadhead $1.50 Minimum charge $200.00 - A cancellation charge applies if less than 2 Hourly Rate $75.00 weeks’ notice is given equalling 10% of the charter. Daily Rate $600.00 *Applies after 5 hours and not more than 10 hours Copy of said application and particulars thereof Layover Rate $250.00 may be seen at the offices of the Board, Suite 300, 1601 Lower Water Street, Halifax, Nova Scotia. Whichever is greater of the above shall apply. Unless the Board, on or before 4:00 p.m. on Additional Charges: Wednesday the 29th day of May, 2009 receives a written objection to the application, setting out the - At the discretion of A Day By The Sea Tour reasons for the objection, the application may be dealt Limited, a person chartering a vehicle to with without a hearing. familiarize travel agents, travel writers, tour operators and/or tourism department and NOTE: Pursuant to Chapter 292 of the Revised agency employees with Nova Scotia and/or the Statutes, Nova Scotia, 1989, the date of public hearing Atlantic Provinces may pay reduced tariff of this application will not be advertised in the Royal charges, as defined by the company. Gazette.

- A charge of $ 100.00 will be made for Driver’s DATED at Halifax, Nova Scotia this 29th day of overnightaccommodations, if not paid by the April, 2009. customer. A DAY BY THE SEA TOUR LIMITED - Driver’s meals billed at $ 50.00 per day (on Name of Applicant overnight trips) unless paid by customer. April 29-2009 - (2iss) - HST, bridges, ferries, parking and attractions.

FORM 17A NSUARB - PAM-09-18

NOVA SCOTIA UTILITY AND REVIEW BOARD

IN THE MATTER OF THE MOTOR CARRIER ACT -and- IN THE MATTER OF THE APPLICATION of CABANA CHARTERS & TOURS LIMITED to amend Motor Carrier License No. 2205

NOTICE OF APPLICATION

TAKE NOTICE THAT CABANA CHARTERS & TOURS LIMITED of 6070 Stairs Street, Halifax, Nova Scotia, B3K 2E5, has applied to the Nova Scotia Utility and Review Board (the “Board”) on April 29, 2009 under the provisions of the Motor Carrier Act for an Amendment to Motor Carrier License No. 2205, as follows:

RATES, TOLLS AND CHARGES:

1) Amend Schedule “D(1)” by deleting the Current Rates outlined below:

1. Charter Rates:

56 Passenger Coach

Multi-Daily Rate Hourly Rate Airport & Minimum Mile / Kilometre 10 Hrs. / $1,200.00 $125.00 $525.00 3 Hrs $4.82 / $3.00

*Layover rate: $900.00 *Applies when the coach is away from the home base overnight and not used during any day.

49 Passenger Coach

Multi-Daily Rate Hourly Rate Airport & Minimum Mile / Kilometre 10 Hrs. / $985.00 $115.00 $450.00 3 Hr $4.26 / $2.65

*Layover rate: $740.00 *Applies when the coach is away from the home base overnight and not used during any day.

47 Passenger Coach

Multi-Daily Rate Hourly Rate Airport & Minimum Mile / Kilometre 10 Hrs. / $900.00 $110.00 $425.00 3 Hr $4.10 / $2.55

*Layover rate: $740.00 *Applies when the coach is away from the home base overnight and not used during any day.

14 Passenger Van

Multi-Daily Rate Hourly Rate Airport & Minimum Mile / Kilometre 10 Hrs. / $500.00 $55.00 $210.00 3 Hrs $2.12 / $1.50

*Layover rate: $375.00 *Applies when the coach is away from the home base overnight and not used during any day.

Rates for Charter: are based on the greater of the two; hourly or kilometres Multi-Daily Rate: applies for charters of two days and over, up to 10 hours daily Charter Rates: calculated from Carrier's Terminal 6070 Stairs Street, Halifax, NS

2004 Contract/Conditions

(A) Rates for Charter: are based on the greater of the two, hourly or kilometres Multi-Daily Rate:applies to all charters which are 2 or more days in duration, and are based on up to 10 hrs. daily

Charter rates:are calculated from Carrier's Terminal, 6070 Stairs Street, Halifax

(B) Additional hours or kilometres: whichever is greater in excess of the originally arranged booking will be charged at the set rates. Customer is responsible to supply correct itinerary and times for quotation.

(C) Cancellation Charges: Cancelled 45 days before charter date, no charge. (a) $150.00 per vehicle per charter day if between 44 -14 days notice given. (b) $250.00 per vehicle per charter day if between 13 - 08 days notice given. (c) $350.00 per vehicle per charter day if between 07 - 06 days notice given. (d) Any person cancelling a charter trip less than [5 days] of departure date, shall pay full charter contract cost. (e) The above charges do not apply to cancellations due to weather conditions.

(D) Additional costs include: (a) A charge of $100.00 in Canada or $145.00 USA will be made for each driver's overnight accommodations. (b) Customer can pay for driver's accommodations for hotel/motel separate from Cabana invoice. (c) Tax, bridges, ferries, highways, parking, attractions, tour guides, baggage handling. (d) Customer paying tolls: cash is to be available to driver day of trip. (e) Movie rental fees: $3.00 per video or $5.00 for 2 videos.

(E) Payments Terms: (a) Deposit 15% with a signed contract required to hold vehicle, unless otherwise specified arrangements on contract. (b) Balance of payment, 21 days before day of service. (c) Itinerary to be supplied 14 days before departure, with hotel name, address, phone number for office and driver.

(F) School and youth group rate at the discretion of the licensee, up to 20% discount: Tariff reduction of hourly, kilometres or daily rates shall apply for school groups of students and chaperons up to and including high school groups and shall also apply to youth groups of participants up to 20 years of age. Snacks are permitted on coach with the agreement Teachers and Chaperons must take responsibility for clean up on vehicle. Signature:______Date:______If any damages or seat cleaning required from charter group, invoice will be forwarded to contract name.

(G) Tourism Promotion Charters: At the discretion of the licensee, vehicles may be chartered at reduced tariff charges as determined by the company for charters to familiarize travel agents, travel writers, tour operators, tourism departments and agencies within NS.

(H) Deposit $500.00: When charter group is taking meals [breakfast/lunch/dinner] on vehicle, group will take responsibility for any cleaning damages, accident due to carelessness or obstruction on vehicle. Snacks are permitted on vehicle free of charge with the agreement that garbage is promptly cleaned up by the group / leader.

(I) Liability: Aisle not to be blocked, coolers are not allowed in aisle or on seats and will be put in luggage compartment. Seat belts are not required on coaches, passengers are required to be seated at all times while coach is moving.

(J) Federal Regulations: No Alcohol / Smoking on Vehicle. Driver can refuse to drive under unsafe conditions when passengers are found drinking alcohol on vehicle. Driver on duty (12 Hrs.) in Canada and (10 Hrs.) in United States.

(K) Safety Floor Line: No person shall cross the [white floor line] where driver is seated or stand at front of vehicle while moving. This to protect driver from any person falling against he / she while driving the vehicle.

(L) Driver Gratuities: Are not included in charter cost, and vary from $1.00 - $2.00 per person / per day.

(M) Damages to Vehicle: The contract name / group will pay for any damages caused to their charter group.

Customer has 7 days to sign and return contract sheets to Cabana Charters, or this contract will be void. Please return a copy of both signed pages via mail or fax. Signature:______Date:______Reg.0504

Amend Schedule “D(1)” with the following Proposed Rates, Tolls and Charges:

2009 Vehicles Rates

56 Passenger Coach

Multi-Daily Rate Hourly Rate Airport & Minimum Mile / Kilometre 10 hrs. $1300.00 $130.00 $575.00/ 2 Way $1100 $4.82 /$3.00

Multi-Daily Rate: applies for charters of two days and over, up to 10 hours per day. Rates for Charter: based on the greater of the two; hourly or kilometres. Waiting time: after the first 2 hours at the rate of $100.00 per hour. Maximum charge: first 6 hours is $915.00 Layover rate: $975.00 Charter Rates: calculated from Carrier’s Terminal 6070 Stairs Street, Halifax.

49 Passenger Coach

Multi-Daily Rate Hourly Rate Airport & Minimum Mile / Kilometre 10 hrs. $1150.00 $120.00 $495.00/2 Way $940.00 $4.26/$2.65

Multi-Daily Rate: applies for charters of two days and over, up to 10 hours per day. Rates for Charter: based on the greater of the two; hourly or kilometres. Waiting time: after the first 2 hours at the rate of $90.00 per hour. Maximum charge: first 6 hours is $800.00 Layover rate: $825.00 Charter Rates: calculated from Carrier’s Terminal 6070 Stairs Street, Halifax.

47 Passenger Coach

Multi-Daily Rate Hourly Rate Airport & Minimum Mile / Kilometre 10 hrs. $1100.00 $115.00 $450.00/2 Way $850.00 $4.10/$2.55

Multi-Daily Rate: applies for charters of two days and over, up to 10 hours per day. Rates for Charter: based on the greater of the two; hourly or kilometres. Waiting time: after the first 2 hours at the rate of $85.00 per hour. Maximum charge: first 6 hours is $750.00 Layover rate: $775.00 Charter Rates: calculated from Carrier’s Terminal 6070 Stairs Street, Halifax.

14 Passenger Van

Multi-Daily Rate Hourly Rate Airport & Minimum Mile / Kilometre 10 hrs. $525.00 $55.00 $250.00/2 Way $450.00 $2.12/$1.50

Multi-Daily Rate: applies for charters of two days and over, up to 10 hours per day. Rates for Charter: based on the greater of the two; hourly or kilometres. Waiting time: after the first 2 hours at the rate of $35.00 per hour. Maximum charge: first 6 hours is $385.00 Layover rate: $375.00 Charter Rates: calculated from Carrier’s Terminal 6070 Stairs Street, Halifax.

Charter Contract - Rules & Conditions Cabana Charters & Tours Limited

(A)Rates for Charter: are based on the greater of the two, hourly or kilometres. Multi-Daily Rate: applies to all charters which are two or more days in duration and based on up to 10 hours per day

Charter rates are calculated: from Carrier’s Terminal, 6070 Stairs Street, Halifax B3K 2E5.

Customer is responsible to supply complete itinerary: dates, destination, addresses, start and end times for quotation.

(B) Additional cost for hours or kilometres: whichever is greater in excess of the originally arranged booking will be charged at the set rates. When client changes itinerary during charter , extra charges will occur.

(C)Cancellation Charges: Cancelled 45 days before charter date, no charge. (1) $150.00 per vehicle per charter day if between 44 - 14 days notice given. (2) $250.00 per vehicle per charter day if between 13 - 08 days notice given. (3) $350.00 per vehicle per charter day if between 07 - 06 days notice given. (4) Any person cancelling a charter trip less than [ 5 days ] of departure date, shall pay full charter contract cost. (5) The above charges do not apply to cancellations due to road conditions when cancelled by Cabana Charters.

(D)Additional costs includes: (1) A charge of $150.00 in Canada or $200.00 USA will be made for each driver’s overnight accommodations. (2) Customer can pay for driver’s accommodations hotel/motel in a safe area & clean premises, driver can refuse room if unacceptable. (3) Luggage handling, taxes, bridges, ferries, highways, parking, attractions & tour guides. (4) Customer pays US tolls when not included in charter cost: should have cash available to driver day of trip.

(E) Payment Terms: (1) Deposit 15% with a signed contract require to hold vehicle, unless otherwise specified arraignments on contract. (2) Balance of payment, 14 days before day of service. Guarantee your vehicle with full payment on schedule. (3) Itinerary to be supplied 14 days before departure with passenger names, hotel names, address & phone numbers.

(F) School and youth group rate at the discretion of the licensee: (1) Tariff reduction of hourly, kilometres or daily rates shall apply for school groups of students and chaperons up to and including high school groups and shall also apply to youth groups of participants up to 20 years of age.

(2) Snacks are permitted on coach with the agreement: Teachers & Chaperons must take responsibility for clean up on vehicle. If any damages or seat cleaning required from charter group, invoice will be forward to contract name.

Signature: ______Date: ______

Federal regulations require driver off coach to have meals and breaks, this is the time for groups to plan their meals. Read (I) NO MEALS on vehicle: fast food, pizza, etc. To lay up a vehicle to clean seats would cost you a two day charter rate plus expenses.

(G)Tourism Promotion Charters: At the discretion of the licensee, vehicles may be chartered at reduced tariff charges as determined by the company for charters to familiarize travel agents, travel writers, tour operators, tourism departments and agencies within NS.

(H)Liability: Aisle not to be blocked, coolers are not allowed in aisle or on seats and will be put in luggage compartment.

Seat belts are not required on coaches, passengers are require to be seated at all times while coach is moving.

(I) NEW Federal Regulations - January 1, 2007: No Alcohol / Smoking on Vehicle. Driver can refuse to drive under unsafe conditions when passengers are found drinking alcohol on vehicle. Driving 12 Hours in Canada and 10 Hours in United States. Plus 5 hours of services: 2 / 30 minute pre & post inspection of vehicle, two 30 min. breaks, 1 hour meal. After Group driver has 2 hours for vehicle services fuel, washroom dump, outside vehicle wash & inside cleaning. As long as driver is with vehicle he/she is on duty.

(J) Safety: No person shall cross the [ white floor line ] where driver is seated or stand at front of vehicle while moving. This is to protect driver from any person falling against he / she while driving vehicle. When driver is off coach for breaks & meals vehicle will be locked, no passengers allow to stay on board with door locked. Fueling vehicle requires all passengers off vehicle. Safety Comes First.

(K)Damages to Vehicle: The contract name / group will pay for any damages caused by their charter group.

(L) Driver Gratuities: Gratuities up to charter group for appreciation of services, $1.00 per person / per day.

(M)Due to roads conditions: Company or Driver can refuse to drive under unsafe conditions.

Customer has [ 7 days ] to sign and return contract sheets to Cabana Charters, or this contract will be voided.

Please return: page 1 - Contract page 2 - Rules & Conditions, signed via mail or fax. Thank You

Signature: Date: Revised 02/10/09

Copy of said application and particulars thereof may be seen at the offices of the Board, Suite 300, 1601 Lower Water Street, Halifax, Nova Scotia.

Unless the Board, on or before 4:00 p.m. on Wednesday the 3rd day of June, 2009 receives a written objection to the application, setting out the reasons for the objection, the application may be dealt with without a hearing.

NOTE: Pursuant to Chapter 292 of the Revised Statutes, Nova Scotia, 1989, the date of public hearing of this application will not be advertised in the Royal Gazette.

DATED at Halifax, Nova Scotia this 6th day of May, 2009.

CABANA CHARTERS & TOURS LIMITED Name of Applicant

May 6-2009 - (2iss)

FORM 17A NSUARB - PAM-09-19

NOVA SCOTIA UTILITY AND REVIEW BOARD

IN THE MATTER OF THE MOTOR VEHICLE TRANSPORT ACT, 1987 -and- IN THE MATTER OF THE APPLICATION OF CABANA CHARTERS & TOURS LIMITED to amend Extra-Provincial Operating License No. X 2162

NOTICE OF APPLICATION

TAKE NOTICE THAT CABANA CHARTERS & TOURS LIMITED of 6070 Stairs Street, Halifax, Nova Scotia, B3K 2E5 has applied to the Nova Scotia Utility and Review Board (the “Board”) on April 29, 2009, under the provisions of the Motor Vehicle Transport Act, 1987 for an Amendment to Extra-Provincial Operating License No. X 2162 as follows: