This consolidation is unofficial and is for reference only. For the official version of the regulations, consult the original documents on file with the Registry of Regulations, or refer to the Royal Gazette Part II. Regulations are amended frequently. Please check the list of Regulations by Act to see if there are any recent amendments to these regulations filed with the Registry that are not yet included in this consolidation. Although every effort has been made to ensure the accuracy of this electronic version, the Registry of Regulations assumes no responsibility for any discrepancies that may have resulted from reformatting. This electronic version is copyright © 2009, Province of Nova Scotia, all rights reserved. It is for your personal use and may not be copied for the purposes of resale in this or any other form.
Refusal or Cancellation of Licences for Payors in Default of Maintenance Regulations
made under Sections 60B and 61 of the
Maintenance Enforcement Act
S.N.S. 1994-95, c. 6
O.I.C. 2009-168 (March 31, 2009), N.S. Reg. 183/2009
1 These regulations may be cited as the Refusal or Cancellation of Licences for Payors in Default of Maintenance Regulations.
Minister may refuse or cancel licence, permit or certificate
2 If the Director advises the Minister responsible for issuing a licence, permit or certificate under the Wildlife Act or its regulations that a payor is in default under a maintenance order, the Minister may do any of the following:
(a) refuse to issue the payor a licence, permit or certificate under the Wildlife Act or its regulations;
(b) cancel the payor’s licence, permit or certificate under the Wildlife Act or its regulations.
Notice of cancellation and notice of refusal to issue
3 (1) The Minister must serve a notice of cancellation to any payor whose licence, permit or certificate is cancelled under these regulations and a notice of refusal to issue to any payor who is refused a licence, permit or certificate under these regulations.
(2) A notice of cancellation or a notice of refusal to issue must be served by 1 of the following methods:
(a) causing the notice to be served personally on the payor;
(b) sending the notice by registered mail to the address of the payor as noted on the licence, permit or certificate or as shown in the records of the Director.
(3) A cancellation of or refusal to issue a licence, permit or certificate under these regulations is effective as follows:
(a) if the notice of cancellation or notice of refusal to issue is served personally, on the date the notice is delivered;
(b) if the notice of cancellation or notice of refusal to issue is sent by registered mail, 5 business days after the notice is mailed.
Cancelled licence, permit or certificate is void
4 A licence, permit or certificate cancelled under these regulations or obtained when a notice of refusal to issue under these regulations is in effect is void and of no effect as if it were cancelled under the Wildlife Act and the payor is subject to all provisions and offences respecting cancelled licences, permits and certificates under the Wildlife Act and its regulations.
Reinstatement of licence, permit or certificate
5 (1) The Director must notify the Minister who issued a notice of refusal to issue to a payor or cancelled a payor’s licence, permit or certificate under these regulations as soon as practicable if any of the following occur:
(a) the payor is no longer in default under the maintenance order and has satisfied all costs and fees owing to the Director under the Act;
(b) the payor is in compliance with a maintenance payment arrangement accepted by the Director.
(2) On receiving notification under subsection (1), the Minister may reinstate a payor’s licence, permit or certificate.