Livestock Health Services Regulations (N.S. Reg. 36/98)

Livestock Health Services Regulations made under Section 16 of the Livestock Health Services Act S.N.S. 2001, c. 8 O.I.C. 98-216 (May 19, 1998), N.S. Reg. 36/1998 amended to O.I.C. 2021-108 (effective April 27, 2021), N.S. Reg. 68/2021 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 Livestock health services agreement Distance and travel time assistance claims Claims for fees - general Island calls Out of practice zone calls for emergencies Out of practice zone calls for consultation Out of practice zone calls for herd and flock health Approval for out of practice zone calls Meat Inspection Program Cattle Herd Health Program Swine Herd Health Program Audits Additional veterinary services Citation 1 These regulations may be cited as the Livestock Health Services Regulations. Definitions 2 In these regulations “Department” means the Department of Agriculture; “eligible livestock owner” means a farm business that (i) owns livestock as defined in clause 2(f) of the Act that are used for farming purposes, or (ii) owns game animals as defined in clause 2(i) of the Game Farming Regulations made pursuant to the Wildlife Act, or https://novascotia.ca/just/regulations/regs/lhsregs.htm#text https://novascotia.ca/just/regulations/regs/lhsregs.htm#TOC3 1 https://novascotia.ca/just/regulations/regs/lhsregs.htm#TOC3 2 https://novascotia.ca/just/regulations/regs/lhsregs.htm#TOC3 3 https://novascotia.ca/just/regulations/regs/lhsregs.htm#TOC3 4 https://novascotia.ca/just/regulations/regs/lhsregs.htm#TOC3 5 https://novascotia.ca/just/regulations/regs/lhsregs.htm#TOC3 6 https://novascotia.ca/just/regulations/regs/lhsregs.htm#TOC3 7 https://novascotia.ca/just/regulations/regs/lhsregs.htm#TOC3 8 https://novascotia.ca/just/regulations/regs/lhsregs.htm#TOC3 9 https://novascotia.ca/just/regulations/regs/lhsregs.htm#TOC3 10 https://novascotia.ca/just/regulations/regs/lhsregs.htm#TOC3 11 https://novascotia.ca/just/regulations/regs/lhsregs.htm#TOC3 12 https://novascotia.ca/just/regulations/regs/lhsregs.htm#TOC3 13 https://novascotia.ca/just/regulations/regs/lhsregs.htm#TOC3 14 https://novascotia.ca/just/regulations/regs/lhsregs.htm#TOC3 15 (iii) owns livestock designated as livestock for farming purposes under the Designation of Livestock for Farming Purposes; “enrolled practice centre” means a veterinary practice that has applied to and been accepted by the Veterinary Association, and is enrolled by the Department to participate in the provision of livestock health services to eligible livestock owners; “enrolled veterinarian” means a veterinarian, licensed by the Veterinary Association, who is a member of an enrolled practice centre; “outside regular hours” means Saturdays, Sundays, statutory holidays, and any time between the hours of 4:30 pm and 8:00 am; “regular hours” means any time that is not outside regular hours; “Veterinary Association” means the Nova Scotia Veterinary Medical Association. Livestock health services agreement 3 (1) The Minister may enter into an agreement with the Veterinary Association to provide for the delivery of livestock health services to eligible livestock owners. (2) The agreement shall specify the requirements and procedures pertaining to the following: (a) participation of enrolled practice centres in providing livestock health services under the Act; (b) the designation of practice zones; (c) regular hours of veterinary service; (d) forms for the making of claims by enrolled practice centres; (e) enrollment and resignation procedures; (f) preventative veterinary medicine; and (g) audit procedures. (3) The agreement shall continue in force from year to year without renewal until it is revised or terminated by the parties. (4) The agreement may be terminated by either party by providing 6 months notice in writing to the other party at any time. (5) Despite any provision in the agreement, any enrolled practice centre may provide livestock health services to any eligible livestock owner in the Province and make claims for those services based on the distance of the eligible livestock owner’s premises from the nearest enrolled practice centre. Distance and travel time assistance claims 4 (1) Distance and travel time assistance claims are unlimited for veterinarian calls made to livestock owners who are currently registered under the Farm Registration Act. (2) Distance and travel time assistance claims are limited to one call per year for veterinarian calls made to livestock owners who are not currently registered under the Farm Registration Act. Claims for fees - general 5 (1) The Minister, through the Administrator and in accordance with conditions of the agreement shall pay to an enrolled practice centre the following fees for services under the agreement: (a) a basic call fee assistance of $5.00 per service event for farm service or in clinic service to eligible livestock owners, regardless of when the service is rendered, effective April 1, 2001; and (b) distance and travel time assistance for regular hours, payable as follows: (i) the travel time assistance rate of $1.31 per km, plus the current maximum distance rate provided for under the regulations respecting car kilometrage rates and monthly allowances made pursuant to the Civil Service Act, up to a limit of 48 000 km each year, (ii) in each year, after 48 000 km, an enrolled veterinarian will be reimbursed at the travel time assistance rate of $0.66 per km, plus the current maximum distance rate provided for under the regulations respecting car kilometrage rates and monthly allowances made pursuant to the Civil Service Act. (2) In addition to the rates stated in clause (1)(b), an enrolled veterinarian will be reimbursed travel time assistance for a distance travelled outside regular hours at a rate of (a) $0.66 per km, up to a limit of 48 000 km per year; or (b) $0.33 per km, over 48 000 km per year. (3) All claims for payment are subject to verification either by the Administrator or another person appointed by the Minister. 6 If an eligible livestock owner cancels a call while an enrolled veterinarian is en route, the enrolled veterinarian shall record the attempt to attend to the eligible livestock owner's request, indicating that the call was cancelled en route by the eligible livestock owner, and may claim distance and travel time assistance for the portion of the call completed. 7 Distance and travel time assistance claims shall be limited to the lesser of the actual distance travelled to provide livestock health services and the round trip distance from the enrolled veterinarian’s practice centre, and in all cases, the most direct practical route of travel shall be used to determine the distance claimed. 8 [repealed] Island calls 9 (1) When an enrolled practice centre is required to render service to livestock kept on an island within the enrolled practice centre’s practice zone, the enrolled practice centre may claim the following assistance: (a) the appropriate assistance as specified in subsections 5(1) and 5(2) for the distance travelled to arrive at the boat’s departure point; (b) $88.56 per hour for the veterinarian’s total transport time on the water; and (c) the basic call fee assistance as specified in clause 5(1)(a) for each island premises visited, and the claim for the assistance must be signed by the person in charge of the boat to confirm the time claimed and the number of island premises visited. (2) [repealed] (3) All other costs associated with the transport of the enrolled veterinarian to make an island call shall be paid by the eligible livestock owner. Out of practice zone calls for emergencies 10 (1) When there is no available enrolled veterinarian in a practice zone, or if an eligible livestock owner’s premises are not in a practice zone, any enrolled practice centre, subject to Section 13, may respond to a request for emergency veterinary service from an eligible livestock owner, and claim the appropriate fees for services in accordance with Section 5. (2) Despite Section 7, an enrolled practice centre responding to a request for veterinary service under subsection (1) shall be eligible to claim distance and travel time assistance for the distance from the nearest available enrolled practice centre to the eligible livestock owner’s premises. Out of practice zone calls for consultation 11 (1) When an enrolled veterinarian needs to consult with an enrolled veterinarian from another enrolled practice centre, the enrolled veterinarian contacted may respond to the request, and claim the appropriate fees for services in accordance with clause 5(1)(a). (2) An enrolled practice centre responding to a request under subsection (1) shall be eligible to claim distance and travel time assistance for the actual distance travelled from the responding veterinarian's enrolled practice centre to the eligible livestock owner’s premises. (3) The travel time assistance rate that an enrolled practice centre providing out of zone consultation may claim is the rate specified in clause 5(1)(b) for regular hour calls. Out of practice zone calls for herd and flock health 12 (1) Subject to the approval of the Administrator, arrangements can be made, on an out of practice zone call basis, with an enrolled practice centre with particular experience in herd or flock health medicine, to provide a consultative farm service to eligible livestock owners enrolled in such programs, providing that they reside in an area under the jurisdiction of the Administrator. (2) The consulting practice centre referred to in subsection (1) is eligible to claim (a) the basic call fee assistance as specified in clause 5(1)(a); and (b) distance and travel time assistance at the rates specified in clause 5(1)(b) for the distance actually travelled from the enrolled practice centre of the consulting veterinarian. Approval for out of practice zone calls 13 (1) Subject to subsection (2), services rendered under Sections 11 and 12 must be approved in advance by the Administrator. (2) Where an emergency out of practice zone livestock health service has been rendered and advance approval under subsection (1) is not possible, an enrolled practice centre shall contact the Administrator as soon as convenient after making the out of practice zone call. (3) [repealed] (4) Other than for the reasons mentioned in subsection 3(5) and Sections 10, 11 and 12, no distance, travel time or basic call fee assistance will be paid to an enrolled practice centre for livestock health service rendered outside of the enrolled practice centre's practice zone. Meat Inspection Program 14 A veterinary inspector appointed under the Meat Inspection Act who responds to a call to an abattoir is eligible to claim the basic call fee and distance and travel time assistance specified in Section 5. Cattle Herd Health Program 15 For services rendered under the Cattle Herd Health Program (a) an enrolled practice centre may claim distance and travel time assistance as specified in clause 5(1)(b), a basic call fee of $10.00 for each service event, plus $17.00 per hour, for each program visit made to an enrolled herd; and (b) an enrolled cattle owner shall pay a basic call fee of $10.00 for each service event, plus a minimum of $57.00 per hour to the enrolled practice centre, for each visit made under the Cattle Herd Health Program to the owner’s premises. Swine Herd Health Program 16 For services rendered under the Swine Herd Health Program (a) an enrolled practice centre may claim distance and travel time assistance as specified in clause 5(1)(b), a basic call fee of $20.00 for each service event, plus $19.00 per hour for up to 1.5 hours of the veterinarian’s time, for each program visit made to an enrolled herd; and (b) an enrolled swine herd owner shall pay a minimum of $55.00 per hour to the enrolled practice centre for each visit made under the Swine Herd Health Program to the owner’s premises. 17 [repealed] Audits 18 (1) The Department may conduct audits and investigate the financial records of an enrolled practice centre that pertain to the Livestock Health Services Program, and other programs covered by these regulations. (2) Any audit conducted pursuant to subsection (1) must be conducted by an auditor employed by the Department. (3) The audit procedure, and the procedures for addressing any deficiencies and irregularities uncovered as a result of the audit process, are to be defined in the agreement. 19 [repealed] 20 [repealed] 21 [repealed] Additional veterinary services 22 (1) An enrolled practice centre, upon the request of the Minister, may provide (a) veterinary services pursuant to the Animal Health and Protection Act, and in such cases shall (i) be reimbursed for these services on the same basis as for the provision of health care services to any eligible livestock owner; and (ii) [repealed] (b) additional veterinary services, and in such cases shall be reimbursed for those services on the same basis as for the provision of health care services to any eligible livestock owner. (2) For any veterinary inspection services assigned to an enrolled practice centre by the Minister, the practice centre may claim a basic call fee of $20.00, plus $74.00 per hour. Legislative History Reference Tables Livestock Health Services Regulations N.S. Reg. 36/1998 Livestock Health Services 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 Livestock Health Services Regulations made under the Livestock Health Services Act includes all of the following regulations: N.S. Regulation In force date* How in force Royal Gazette Part II Issue 36/1998 May 19, 1998 date made Jun 5, 1998 104/1998 Oct 1, 1998 date specified Jan 15, 1999 134/2000 Oct 1, 2000 date specified Aug 11, 2000 111/2001 Apr 1, 2001 date specified Sep 21, 2001 6/2012 Jan 10, 2012 date specified Jan 27, 2012 68/2021 Apr 27, 2021 date specified May 7, 2021 The following regulations are not yet in force and are not included in the current consolidation: N.S. Regulation In force date* How in force Royal Gazette Part II Issue *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 Provision affected How affected 2 ........................................................ am. 68/2021 (clause lettering removed) 2, defn. of “agreement”.................... rep. 68/2021 2, defn. of “Department”.................. am. 68/2021 2, defn. of “eligible livestock owner” rs. 134/2000; am. 68/2021 2, defn. of “eligible livestock owner”, (i)........................................................ ra. from (iv) 6/2012; am. 6/2012 2, defn. of “eligible livestock owner”, (iii).................................................. ad. 68/2021 2, defn. of “eligible livestock owner”, (vi).................................................. ra. as (i) 6/2012 2, defn. of “LHSB”........................... rep. 68/2021 3(2)(f)............................................... am. 68/2021 3(5)................................................... am. 68/2021 4........................................................ rs. 68/2021 5(1)................................................... am. 68/2021 5(1)(a)............................................... rs. 104/1998, 111/2001 5(1)(b)(i)........................................... am. 111/2001, 6/2012, 68/2021 5(1)(b)(ii).......................................... am. 111/2001, 6/2012, 68/2021 5(2)................................................... am. 111/2001 5(2)(a)............................................... am. 111/2001, 6/2012, 68/2021 5(2)(b)............................................... am. 111/2001, 6/2012, 68/2021 5(3)................................................... am. 68/2021 8........................................................ rep. 68/2021 9(1)(b)............................................... am. 6/2012, 68/2021 9(1)(c)............................................... am. 104/1998 9(2)................................................... ra. from 9(3) 6/2012; rep. 68/2021 9(3)................................................... ra. as 9(2) 6/2012 9(3)................................................... ra. from 9(4) 6/2012 9(4)................................................... ra. as 9(3) 6/2012 12(1)................................................. am. 68/2021 13(1)-(2)........................................... am. 68/2021 13(3)................................................. rep. 68/2021 17...................................................... rep. 68/2021 18(2)................................................. am. 68/2021 19-21................................................. rep. 68/2021 22(1)(a)(ii)........................................ rep. 68/2021 Note that changes to headings are not included in the above table. Editorial Notes and Corrections Note Effective date 1 The reference to the Department of Agriculture and Marketing in clause 2(b) should be read as a reference to the Department of Agriculture and Fisheries in accordance with Order in Council 2000-483 under the Public Service Act, R.S.N.S. 1989, c. 376. Oct 1, 2000 2 The Livestock Health Services Act, R.S.N.S. 1989, c. 262, is repealed and replaced with the Livestock Health Services Act, S.N.S. 2001, c. 8 (regulations continued under new Act). Jun 1, 2001 3 Clause 2(f) reference to livestock health services boards: Livestock health services boards continued by or established under the former Act are dissolved by S.N.S. 2001, c. 8, s. 17. Jun 1, 2001 4 The reference to the Department of Agriculture and Marketing in clause 2(b) should be read as a reference to the Department of Agriculture in accordance with Order in Council 2006-121 under the Public Service Act, R.S.N.S. 1989, c. 376. Feb 24, 2006 Repealed and Superseded N.S. Regulation Title In force date Repealed date 40/1969 Livestock Health Services Regulations Jan 28, 1969 Nov 3, 1981 154/1981 Livestock Health Services Regulations Nov 3, 1981 May 19, 1998 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.