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For the official version of the regulations, consult the original documents on file with the Office of the Registrar 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 our office that are not yet included in this consolidation. |
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Emergency 911 Cost Recovery Fee Regulations
made under Section 14 of the
Emergency “911” Act
S.N.S. 1992, c. 4
O.I.C. 2001-44 (effective February 2, 2001), N.S. Reg. 8/2001
amended to O.I.C. 2019-198 (effective February 2, 2001), N.S. Reg. 107/2019
Table of Contents
Please note: this table of contents is provided for convenience of reference and does not form part of the regulations.
Click here to go to the text of the regulations.
Citation
Definitions
E911 cost recovery fee
Agreements
E911 Cost Recovery Fund
E911 Cost Recovery Committee
Offence
Application
Citation
1 These regulations may be cited as the Emergency 911 Cost Recovery Fee Regulations.
Definitions
2 In these regulations,
“Act” means the Emergency “911” Act;
“Competitive Local Exchange Carrier” or “CLEC” means a company that provides
local telecommunication services in competition with the ILEC in the Province;
“E911” means enhanced 911 and relates to the establishment by the Act of “911"
as the primary emergency telephone number for use in the Province and the
Province-wide system for the reporting of emergencies to emergency services
agencies;
“E911 cost recovery fee” means the monthly fee established by Section 3;
“E911 Cost Recovery Committee” or “Committee” means the committee
established in Section 6;
“E911 Cost Recovery Fund” or “Fund” means the fund established in Section 5;
“fiscal year” means the period from and including April 1 to and including March
31 in the next year;
“Incumbent Local Exchange Carrier” or “ILEC” means a company that provides
local telecommunication services and that operates the E911 platform or switching
station that connects the Province at its designated PSAPs, which, at the coming
into force of these regulations is Maritime or its successors or assigns;
“PSAP” means a public safety answering point including a primary or secondary
public safety answering point;
“Telecommunications Carrier” or “TC” includes the ILEC, CLECs, and Wireless
Service Providers;
“TC Subscriber” means
(i) an end user subscriber who is located within the Province’s
boundaries and who subscribes to the exchange service of the ILEC
or any CLEC, or,
(ii) in the case of wireless technology, an end user subscriber who is
assigned a telephone number associated with a geographic location
within the Province’s boundaries and who subscribes to a WSP
access service;
“Wireless Service Provider” or “WSP” means a provider of wireless
telecommunications services that is registered to conduct business in the Province
and whose wireless telecommunications services include access to the system.
E911 cost recovery fee
3 (1) The E911 cost recovery fee is hereby established to support the development,
establishment, implementation and maintenance of the NS 911 service and to
recover costs for any services or materials provided in the course of the
administration of the Act or these regulations.
(2) The amount of the fee is $0.43 per month per
(a) single-line residential access line;
(b) single-line business access line;
(c) multi-line outgoing access line;
(d) Centrex telephone number; and
(e) wireless telephone number,
payable to the Province each month by each TC subscriber.
(3) Where the billing period for which the TC subscriber has received access to the
system is less than one full calendar month, the amounts prescribed shall be
prorated to reflect the number of days in the month for which access was provided.
(4) Every TC subscriber shall pay the E911 cost recovery fee.
Agreements
4 (1) The Minister, or the Committee, may enter into agreements with any person,
including a TC, for any matter related to these regulations.
(2) Prior to the execution of any agreement by the Committee under subsection (1), a
copy of the proposed agreement shall be approved by the Minister.
E911 Cost Recovery Fund
5 (1) There is hereby established a special fund as defined in clause 2(1)(n) of the
Provincial Finance Act to be known as the E911 Cost Recovery Fund.
(2) The Fund shall consist of the money remitted to the Committee from the
collection of the E911 cost recovery fee and any income accruing from such
money.
(3) The Fund shall be used to provide the NS 911 service and without limiting the
generality of the foregoing, the Fund may be used by the Province for
(a) the management, administration and operation of the E911 program
including civic addressing, public education and training components of the
E911 program;
(b) the acquisition, installation, maintenance and operation of PSAP equipment;
(ba) the acquisition, installation, maintenance and operation of communications
facilities and equipment related to the NS 911 service other than PSAP
equipment;
(c) the maintenance, support and upgrading of databases owned and managed
by the Province and related to the administration of the E911 System;
(d) the maintenance, support and upgrading of digitized civic address mapping;
(e) the development, installation and maintenance of signage to assist in the
reporting of, and response to, emergencies;
(f) support to the facilities responsible for the receipt and triage of calls
reporting poison-related emergencies to the E911 System;
(g) support to municipalities in the administration of civic addressing programs;
(ga) support to municipalities for emergency preparedness activities, including
the establishment of emergency communication hubs;
(h) the payment of any costs, charges, audits, taxes, fees or other expenses
incurred in the administration and management of the Fund; and
(i) the payment of such other things as the Minister may direct, in respect of
the provision of the NS 911 service.
(4) Subject to the approval of the Minister, the Committee shall administer and
manage the Fund.
(5) The Minister shall authorize expenditures from the Fund for the provision of the
NS 911 service.
E911 Cost Recovery Committee
6 (1) The E911 Cost Recovery Committee is hereby established to advise the Minister
respecting the administration of the collection and remittance of the E911 cost
recovery fee and the administration of the distribution of the money from the Fund
for the provision of the NS 911 service.
(2) Without limiting the generality of subsection (1), the Committee shall provide
advice to the Minister on matters including but not limited to
(a) collecting and remitting the E911 cost recovery fee;
(b) overseeing and auditing the money collected and remitted into the Fund and
any income accruing from such money;
(c) authorizing expenditures from the Fund for the provision of the NS 911
service;
(d) paying out of the Fund any costs, charges, audits, taxes, fees and other
expenses involved in the administration and management of the Fund;
(e) doing any other matter or thing which relates to, or is incidental to the
administration and management of the Fund or the E911 cost recovery fee.
(3) The Minister may enter into agreements with the Committee or establish policies
respecting any matter necessary for the prudent and efficient administration and
operation of the Committee.
(4) The Minister shall appoint the Committee members for a term not to exceed 5
years.
(5) Despite subsection (4), the Minister may appoint and remove any or all of the
members at any time, and the appointment or removal shall be effective on the date
specified for the appointment or removal.
(6) The Minister shall appoint as Committee members individuals who have suitable
qualifications and experience and who have demonstrated suitable interest.
(7) The Minister shall appoint one Committee member to be the Chair of the
Committee.
(8) The Minister shall appoint one member from the Union of Nova Scotia
Municipalities.
(9) Committee members not employed by the Public Service of the Province shall be
reimbursed for reasonable expenses incurred in the performance of their duties as
committee members and shall be remunerated for services provided in the carrying
out of their duties at a rate to be determined by the Minister.
(10) The Committee shall cause to be kept proper books of accounting respecting
(a) all money received and expended by the Committee in respect of the Fund
and any matters in respect of which the receipt and expenditure of money
occurred; and
(b) the assets and liabilities of the Fund.
(11) The accounts of the Fund shall, from time to time, and at least annually, be audited
by an auditor licensed under the Public Account[ant]s Act and copies of the audit
report shall be filed with the Minister on or before June 30 following the end of the
fiscal year.
(12) The Committee shall submit an annual report to the Minister which shall include
but is not limited to
(a) a summary of work performed by the Committee during that fiscal year;
(b) an annual audited financial statement showing the assets and liabilities of
the Fund and the receipts and expenditures of the Fund for that fiscal year;
and
(c) any other information requested by the Minister.
(13) No action for damages may be commenced or maintained and no cause of action
lies against the Committee or its members if the action arises out of any act or
omission of the Committee or its members while carrying out duties or exercising
powers pursuant to these regulations in good faith.
Offence
7 Any person who fails to comply with any provision of these regulations is guilty of an
offence.
Application
8 These regulations shall not apply before April 1, 2002, to any wireless working
telephone number for which a TC subscriber is not billed monthly for services provided
by the WSP, which is commonly referred to as “prepaid wireless services”.
Legislative History
Reference Tables
Emergency 911 Cost Recovery Fee Regulations |
N.S. Reg. 8/2001 |
Emergency “911” Act |
Note: The
information in these tables does not form part of the regulations and is
compiled by the Office of the Registrar of Regulations for reference only. |
Source Law
The current consolidation of the Emergency 911 Cost Recovery Fee Regulations made
under the Emergency “911” Act includes all of the following regulations:
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8/2001
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Feb 2, 20011 |
date specified |
Feb 23, 2001 |
107/2019 |
Feb 2, 2001 |
date specified |
Jul 19, 2019 |
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The
following regulations are not yet in force and are not included in the current
consolidation:
*See subsection 3(6) of the Regulations Act for
rules about in force dates of regulations.
Amendments by Provision
ad. = added
am. = amended |
fc. = fee change
ra. = reassigned |
rep. = repealed
rs. = repealed and substituted |
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2........................................................ |
am. 107/2019 (clause lettering removed) |
2, defn. of “E911 cost
recovery fee” |
am. 107/2019 |
2, defn. of “E911 Services”.............. |
rep. 107/2019 |
2, defn. of “E911 System”................ |
rep. 107/2019 |
2, defn. of “Minister”....................... |
rep. 107/2019
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2, defn. of “Wireless Service
Provider”........................................................ |
am. 107/2019
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3(1)................................................... |
am. 107/2019 |
3(3)................................................... |
am. 107/2019 |
5(3)................................................... |
am. 107/2019 |
5(3)(ba)............................................. |
ad. 107/2019 |
5(3)(ga)............................................. |
ad. 107/2019
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5(3)(i)............................................... |
am. 107/2019
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5(5)................................................... |
am. 107/2019 |
6(1)................................................... |
am. 107/2019 |
6(2)(c)............................................... |
am. 107/2019 |
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Note that changes to headings are not
included in the above table.
Editorial Notes and Corrections:
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1 |
S. 3(4) is effective April 1, 2001 |
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2 |
The title of the Emergency
Measures Act referred to in s. 2(k) is changed to the Emergency Management Act by S.N.S. 2005,
c. 48, s. 1, effective on proclamation. |
Dec 20, 2005 |
3 |
The Provincial
Finance Act referred to in s. 5(1) was repealed by the Finance Act, S.N.S. 2010, c. 2.
Special funds are continued under Section 83 of the Finance Act. |
Aug 1, 2010 |
4 |
The reference in s. 2(k) to the Minister responsible
for the Emergency Measures Act should be read as a reference to the Minister of Municipal Affairs in
accordance with amendments to the Act made by S.N.S. 2019, c. 15. |
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5 |
The reference in s. 2(k) to the Minister responsible
for the Emergency Measures Act should be read as a reference to the Minister of Municipal Affairs and
Housing in accordance with O.I.C. 2019-150 under the Public Service Act, R.S.N.S. 1989, c. 376.
(S. 2(k) repealed by N.S. Reg. 107/2019)
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Jun 3, 2019 |
Repealed and Superseded:
Note: Only
regulations that are specifically repealed and replaced appear in this
table. It may not reflect the entire
history of regulations on this subject matter.