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.
Scaling Regulations
made under Section 12 of the
Scalers Act
S.N.S. 2001, c. 11
O.I.C. 2007-566 (October 30, 2007), N.S. Reg. 411/2007
Citation
1 These regulations may be cited as the Scaling Regulations.
Definition
2 In these regulations, “Act” means the Scalers Act.
Conditions for licensing
3 The Minister may set conditions for licensing.
Exemption for persons licensed in other provinces
4 The Board may exempt an applicant for a licence from the examination requirements under the Act, if the applicant
(a) holds a valid scaling licence from another province;
(b) has the scaling experience required by the Board;
(c) demonstrates to the satisfaction of the Supervisor of Scaling that the applicant has the skills required to comply with the scaling standards and procedures set out in the scaling manual;
(d) demonstrates to the satisfaction of the Supervisor of Scaling that the applicant has working knowledge of the Act and these regulations;
(e) completes a scaling refresher course in Nova Scotia.
Licence fees
5 The Minister may set the fee for each type of licence.
Examination fees
6 The Minister may set the fee for each type of examination.
Complaints
7 (1) A complaint regarding scalers or scales arising out of the Act, the scaling manual or these regulations must be submitted to the Supervisor of Scaling.
(2) On receipt of a written complaint, the Supervisor of Scaling must
(a) conduct an investigation;
(b) document all findings, which must be open to inspection by the parties affected by the findings; and
(c) advise the parties affected by the findings and the Board in writing of any recommendations that should be considered by the parties and any action that the Supervisor of Scaling will take.
(3) The Supervisor of Scaling may refer a complaint to the Board for directions at any time and the Board may outline the action, if any, that the Supervisor of Scaling must take.
Board review following complaint investigation
8 (1) The Supervisor of Scaling may refer the findings of a complaint investigation conducted under Section 7 to the Board.
(2) If the Supervisor of Scaling refers the findings of a complaint investigation to the Board, the Board
(a) must review the findings; and
(b) may make a recommendation to the Minister to suspend or revoke the licence of the scaler who is the subject of the investigation.
Suspension or revocation of licence
9 (1) A recommendation by the Board under clause 8(2)(b) to suspend or revoke a scaler’s licence, or under subsection 7(2) of the Act to revoke a scaler’s licence, must be in writing and a copy must be served on the scaler.
(2) On the recommendation of the Board under clause 8(2)(b) to suspend or revoke the licence of a scaler who is the subject of a complaint investigation, the Minister must suspend or revoke the licence.
(3) If a scaler’s licence is suspended or revoked under subsection (2) or revoked under subsection 7(2) of the Act, the Minister must serve notice on the scaler of the suspension or revocation.
(4) A licence is suspended or revoked effective on the date set out in the notice of suspension or revocation.
(5) A notice of suspension or revocation must be published and the form of publication may be in any manner the Minister considers appropriate.
(6) A person whose licence has been suspended or revoked under subsection (2) or revoked under subsection 7(2) of the Act may appeal to the Appeal Division of the Supreme Court of Nova Scotia no later than 30 days after the date the notice of suspension or revocation was served on the person.
Re-application for licence
10 The Minister may set conditions for re-application for a licence.
Records
11 The Minister may require licensed scalers to keep books and records and to prepare returns as directed by the Minister.