Nova Scotia Published by Authority PART 1 VOLUME 218, NO. 9 HALIFAX, NOVA SCOTIA, WEDNESDAY, MARCH 4, 2009 A certified copy of an Order in Council To be Acting Minister of Service Nova Scotia and dated February 25, 2009 Municipal Relations, Minister responsible for the Residential Tenancies Act, and to be responsible for 2009-95 any and all other duties assigned to that Minister from Saturday, March 14, 2009, to Monday, March 16, 2009: The Governor in Council is pleased to amend that the Honourable Len Goucher; portion of Order in Council 2009-63 dated February To be Acting Deputy Premier, Acting Deputy 17, 2009, respecting the appointment of the President of the Executive Council, Acting Chair of Honourable Chris d’Entremont as Acting Minister of Treasury and Policy Board, Acting Minister of Gaelic Education and Acting Minister of Communications Affairs and Acting Minister responsible for the Nova Scotia from Monday, February 23, 2009 to 5:00 Gateway Initiative from 11:00 a.m., Sunday, March 1, p.m., Wednesday, February 25, 2009, by striking out 2009, to 7:00 p.m., Sunday, March 15, 2009: the “5:00 p.m., Wednesday, February 25, 2009" and Honourable Chris d’Entremont; substituting “Tuesday, February 24, 2009, inclusive” To be Acting Minister of Natural Resources and and by striking out “Chris d’Entremont” and Acting Minister responsible for the Advisory Council substituting “Mark Parent”; on the Status of Women Act from 3:30 p.m., Monday, The Governor in Council is pleased to appoint, March 2, 2009, to 10:30 a.m., Wednesday, March 4, confirm and ratify the actions of the following 2009: the Honourable Brooke Taylor; Ministers: To be Acting Minister of Labour and Workforce To be Acting Minister of Fisheries and Development, Acting Minister responsible for Part II Aquaculture from 7:00 p.m., Thursday, February 26, of the Gaming Control Act, Acting Minister 2009, to 5:00 p.m., Friday, February 27, 2009: the responsible for the Workers’ Compensation Act Honourable Chris d’Entremont; (except Part II) and Acting Minister responsible for To be Acting Minister of Service Nova Scotia and the Apprenticeship and Trades Qualifications Act from Municipal Relations, Acting Minister responsible for Saturday, February 28, 2009 until Sunday, March 8, the Residential Tenancies Act, and to be responsible 2009: the Honourable David Morse; for any and all other duties assigned to that To be Acting Minister of Agriculture from Minister from 8:00 a.m., Friday, February 27, 2009, Saturday, February 28, 2009 until Sunday, March 8, to 12:00 noon, Monday, March 2, 2009: the 2009: the Honourable Brooke Taylor; and Honourable Carolyn Bolivar-Getson; To be Acting Minister of Education and Acting To be Acting Minister of Service Nova Scotia and Minister of Communications Nova Scotia from Municipal Relations, Minister responsible for the Saturday, February 28, 2009 to Saturday, March 7, Residential Tenancies Act, and to be responsible for 2009, inclusive: the Honourable Ronald Chisholm. any and all other duties assigned to that Minister from 12:00 noon, Monday, March 2, 2009, to 12:00 Certified to be a true copy noon, Wednesday, March 4, 2009: the Honourable R. C. Fowler Murray Scott; Clerk of the Executive Council To be Acting Minister of Service Nova Scotia and Municipal Relations, Acting Minister responsible for A certified copy of an Order in Council the Residential Tenancies Act, and to be responsible dated March 3, 2009 for any and all other duties assigned to that Minister from 12:00 noon, Wednesday, March 4, 2009-104 2009, to Friday, March 13, 2009: the Honourable Carolyn Bolivar-Getson; © NS Office of the Royal Gazette. Web version. 317 318 The Royal Gazette, Wednesday, March 4, 2009 The Governor in Council is pleased to appoint, Nova Scotia Civil Procedure Rules confirm and ratify the actions of the following Ministers: Amendment To be Acting Minister of Energy and to be February 27, 2009 responsible for any and all other duties assigned to that Minister from 9:30 a.m., Thursday, March 5, The following Rules are amended as follows: 2009 until 11:41 a.m., Saturday, March 7, 2009: the Honourable Murray Scott; 1. In Rule 5.07(5)(c), the phrase “an affidavit on the To be Acting Minister of Health and to be motion for directions” is replaced with “a notice of responsible for any and all other duties assigned to contest”. that Minister from 10:30 a.m., Wednesday, March 4, 2009 until Friday, March 13, 2009, inclusive: the 2. In Rule 23.01(1), the word “of” is inserted between Honourable Carolyn Bolivar-Getson; and the words “hearing” and “an application”. To be Acting Minister of Health and to be responsible for any and all other duties assigned to 3. In Rule 23.14(1)(a), the phrase “and Rules that Minister from Saturday, March 14, 2009 until 23.03(1)(f) and (g) do not apply” is added before Thursday, March 19, 2009, inclusive: the the semicolon. Honourable Brooke Taylor. 4. The words before the colon in Rule 35.12(2) are Certified to be a true copy replaced with ?A judge may make an order to R. C. Fowler foreclose interests of a subsequent encumbrancer Clerk of the Executive Council who is not a party, and the order must contain the following terms unless the judge directs PROVINCE OF NOVA SCOTIA otherwise”. DEPARTMENT OF JUSTICE 5. The phrase ?who seeks the foreclosure” is added The Minister of Justice and Attorney General, after ?party” in Rule 35.12(2)(a). Cecil P. Clarke, under the authority vested in him by clause 2(b) of Chapter 23 of the Acts of 1996, the 6. The commas in Rule 38.07(5) are removed. Court and Administrative Reform Act, Order in Council 2004-84, the Assignment of Authority 7. In Rule 52.04(1), the word ?more” is replaced with Regulations, and Sections 6 and 7 of Chapter 312 of ?less”. the Revised Statutes of Nova Scotia, 1989, the Notaries and Commissioners Act, is hereby pleased 8. The words of Rule 55.13(2)(b) are replaced with to advise of the following: ?the party is notified, before the finish date, that To be appointed as Commissioners pursuant to another party requires the expert to be called for the Notaries and Commissioners Act: cross-examination”. Annette R. Caines of Halifax, in the Halifax Regional Municipality, while employed with the 9. In Rule 55.13(4), the phrase “whose qualifications Province of Nova Scotia (Department of Justice); are admitted” is replaced with “the admissibility Katie L. Eisenhauer of Lunenburg, in the County of whose opinion is contested”, and the phrase of Lunenburg, for a term commencing February 26, “for the purpose of obtaining a ruling on 2009 and to expire February 25, 2014 (Hirtle Legal admissibility” is added after the phrase “prove the Services Incorporated); report through the expert”. Amanda M. Gallant of Middle Sackville, in the Halifax Regional Municipality, for a term 10.In Rule 72.10(1), the word ?plaintiff” is replaced commencing February 26, 2009 and to expire with ?mortgagee”. February 25, 2014; Gerardine A. MacLean of St. Andrews, in the 11.The text of Rule 79.08(3) is replaced with the County of Antigonish, for a term commencing following: February 26, 2009 and to expire February 25, 2014 (Boudrot Rodgers Law Incorporated); and Unless a judge orders otherwise, fifteen percent of Shelly Shupe of Brooklyn, in the County of a judgment debtor’s gross wages are payable to Queens, while employed with the Province of Nova the sheriff under an execution order, the rest of the Scotia (Department of Natural Resources). judgment debtor’s wages are exempt from execution, and nothing is payable that reduces the DATED at Halifax, Nova Scotia, this 26th day of judgment debtor’s net wages, after deduction of February, 2009. amounts required by law to be deducted, below the applicable of the following minimums: Cecil P. Clarke Minister of Justice and Attorney General (a) $450 a week for a judgment debtor who supports a dependant, as defined in the Income Tax Act (Canada); © NS Office of the Royal Gazette. Web version. The Royal Gazette, Wednesday, March 4, 2009 319 (b) $330 a week for any other judgment debtor. week for a judgment debtor who supports a dependant or $330 a week for any other judgment 12.The text of Rule 79.08(5) is replaced with the debtor. following: A deposit-taking corporation must not pay to the Certificate sheriff any part of a balance owing to a judgment debtor that, to the knowledge of a person in I, Joseph P. Kennedy, Chief Justice of the charge of the account, came from either of the Supreme Court of Nova Scotia, certify that on following sources at any time, and the deposit- February 27, 2009 a majority of the judges of taking corporation remains liable to the the court made the foregoing amendment to the judgment debtor for an amount paid in violation Nova Scotia Civil Procedure Rules. of this Rule: Signed February 27, 2009. (a) a portion of wages that are exempt under Rule 79.08(3); Joseph P. Kennedy Chief Justice of the Supreme Court (b) income, such as income assistance or a of Nova Scotia Canada Pension Plan payment, that is exempt from execution under legislation. IN THE COURT OF PROBATE FOR NOVA SCOTIA 13.In Rule 82.09(1) the words after “in the upper IN THE ESTATE OF Nora Blanche Walsh, right corner” are replaced with the following: Deceased the registry code under Rule 32 - Place of Application for Proof in Solemn Form Proceeding, followed by the abbreviation “No.”, Notice of Application followed by a blank for the prothonotary to (S.64(3)(a)) assign a proceeding number.