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.

Electronic Information Regulations

made under

Section 47 of the

Registry Act

R.S.N.S. 1989, c. 392

O.I.C. 2007-34 (January 22, 2007), N.S. Reg. 30/2007

Citation

1 These regulations may be cited as the Electronic Information Regulations .

Definitions

2 In these regulations,

(a) “Act” means the Registry Act ;

(b) “authorized lawyer” means a qualified solicitor who is authorized to submit

documents electronically using Property Online in accordance with the Land

Registration Administration Regulations ;

(c) “authorized lender” means a chartered bank, trust company, credit union or

Provincial government department that is authorized to submit documents

electronically using Property Online in accordance with the Land Registration

Administration Regulations ;

(d) “document” means a writing, a plan, a map or any information in a form that

can be converted into a writing, a plan or a map by a machine or a device, and

includes information

(

i) on microfilm,

(ii) in electronic, mechanical or magnetic storage, or

(iii) in electronic data signals;

(e) “electronic document submission” means submission of a document using

Property Online;

(f) “Minister” means the Minister of Service Nova Scotia and Municipal

Relations;

(g) “qualified solicitor” means a member of the Nova Scotia Barristers’ Society

entitled to practise law, but does not include a member who is subject to any

limitation or restriction on practice imposed under the Legal Profession Act

that precludes the member from certifying title to land;

(h) “parcel” means any area of land that may be owned in fee simple absolute, and

includes a unit as defined by the Condominium Act ; and

(i) “Property Online” means the Province’s online property information system

that provides Internet browser-based query access to land-related information

and electronic access for the submission of documents under the Act and the

Land Registration Act .

Regulations override Act

3 In accordance with subsection 47(3) of the Act, if there is a conflict between these

regulations and the Act, the requirements in the Act do not apply.

Non-electronic document submission requirements to facilitate copying

(1) A document that is submitted non-electronically for registration

(

i) must be typewritten in an ink that is not green or red and that remains

visible when photocopied or scanned; and

(ii) must remain legible when photocopied or scanned.

(2) A document attachment or plan that is submitted non-electronically for registration

and that is larger than 11 in. by 17 in. must be submitted together with a duplicate

original copy or a copy that has been certified to be a true copy of the original by a

person authorized under the Act to sign a certificate of execution.

Electronic document submission

(1) To the extent permitted by Property Online, an authorized lawyer may submit

electronically for registration any document, if it is a document that may be

registered under the Act and registering the document is not prohibited under the

Land Registration Act.

(2) To the extent permitted by Property Online, an authorized lender may submit

electronically for registration a release of mortgage with respect to a parcel that has

not been registered under the Land Registration Act , and any document related to the

release.

(3) Electronic document submission is effected by submitting all of the following:

(

a) a completed cover page, as prescribed by the Minister;

(

b) a scanned copy of the duly executed affidavit of value, if required under the

Municipal Government Act ;

(

c) a scanned copy of the duly executed original document in portable document

format, no larger than 4 megabytes (MB).

(4) Submitting a document electronically in accordance with these regulations has the

same effect as submitting a document non-electronically in accordance with the Act.

(5) A document submitted electronically for registration is deemed to be registered on

the date and at the time when the document is reviewed and indexed by a registrar.

(6) An authorized lawyer or authorized lender who submits a document electronically

for registration is responsible for the creation, quality and completeness of the

electronic image of the document.

(7) An authorized lawyer or authorized lender who submits a document electronically

for registration must retain an original or a true copy of the executed document and

must make it available for review by the registrar upon request.

Consolidated and current indexes converted to electronic format

(1) A registrar may convert the consolidated and current indexes referred to in

Section

11 of the Act to an electronic format.

(2) If a registrar converts the indexes to an electronic format,

(

a) the registrar is no longer required to maintain the index books in the non-electronic format required under the Act;

(

b) the registrar must maintain the indexes on an ongoing basis in electronic

format; and

(

c) the electronic indexes may consist of separate indexes for different categories

of documents.