College of Occupational Therapists of Nova Scotia Defined Register Regulations

N.S. Reg. 163/2003

Nova Scotia — Gazette

© NS Registry of Regulations. Web version. 559

Part II Regulations under the Regulations Act Printed by the Queen's Printer Halifax, Nova Scotia Vol. 27, No. 20 October 17, 2003 Contents Act Reg. No.

Page Business Electronic Filing Act B u s i n e s s R e g i s t r y R e g u l a t i o n s – a m e n d m e n t ................................... 170/2003 572 Family Court Act R e g u l a t i o n s R e s p e c t i n g P a r t - t i m e J u d g e s o f t h e F a m i l y C o u r t – a m e n d m e n t...........166/2003 564 Land Registration Act L a n d R e g i s t r a t i o n A d m i n i s t r a t i o n R e g u l a t i o n s ..................................171/2003 572 Licensed Practical Nurses Act L i c e n s e d P r a c t i c a l N u r s e s R e g u l a t i o n s – a m e n d m e n t .............................169/2003 571 Medical Laboratory Technology Act Medical Laboratory Technologists Registration Regulations ....................... 168/2003 565 Proclamation, S. 80, S.N.S. 2000, c. 8 ......................................... 167/2003 564 Pharmacy Act D r u g S c h e d u l e s R e g u l a t i o n s ................................................ 164/2003 561 Provincial Court Act R e g u l a t i o n s R e s p e c t i n g P a r t - t i m e J u d g e s o f t h e P r o v i n c i a l C o u r t – a m e n d m e n t ........165/2003 562 Occupational Therapists Act C o l l e g e o f O c c u p a t i o n a l T h e r a p i s t s o f N o v a S c o t i a D e f i n e d R e g i s t e r R e g u l a t i o n s ......163/2003 560 NOW AVAILABLE The fourth issue of the 2003 subscription year of the Folio®-based Nova Scotia Regulations CD-ROM, containing the consolidated regulations of Nova Scotia and the quarterly sectional index of regulations, is now available from the Office of the Registrar of Regulations.

For information or subscription please call (902) 424-6723 or visit our website at <www.gov.ns.ca/just/regulations/cd>.

N.S. Reg. 163/2003 Royal Gazette

Part II - Regulations Vol. 27, No. 20 560 © NS Registry of Regulations. Web version. N.S. Reg. 163/2003 Made: May 19, 1999 Filed: September 26, 2003 College of Occupational Therapists of Nova Scotia Defined Register Regulations Order dated May 19, 1999 Regulations made by Board of the College of Occupational Therapists of Nova Scotia pursuant to clause 6(2)(

a) of the Occupational Therapists Act I certify that the Board of the College of Occupational Therapists of Nova Scotia, at its meeting on May 19, 1999, carried a motion to make regulations respecting the defined register, pursuant to clause 6(2)(

a) of

Chapter 21 of the Acts of 1998, the Occupational Therapists Act, in the form attached. Signed at Halifax, in the Halifax Regional Municipality, Nova Scotia on April 8, 2003. Board of the College of Occupational Therapists of Nova Scotia Per: sgd Pauline Cousins College of Occupational Therapists of Nova Scotia Defined Register Regulations May 19 th, 1999 1 These regulations may be cited as the College of Occupational Therapists of Nova Scotia Defined Register Regulations (the “Defined Register Regulations”). 2 For purposes of

Section 22 of the Act, those persons who may be registered in a Defined Register are those persons who have conditions or limitations placed upon their license by the Board and who are determined by the Board to be appropriately registered in the Defined Register. 3 Without limiting the generality of

Section 2, the Board may register a person or class of persons in the Defined Register who (

a) have been accepted by the Canadian Associati on of Occupational Therapists as a candidate to complete the National Certification Examination and who have been granted a specific time limit of not more than one year by the Registrar to allow successful completion of such examination; (

b) require supervised practice; (

c) are registered but non-practicing [non-practising], as defined in

Section [clause] 23(1)(

b) of the College of Occupational Therapists of Nova Scotia Registration Regulations; (

d) are required to conduct a restricted practice of occupational therapy for any reason, including but not limited to, restrictions imposed as a result of that member’s scope of practice or as part of the disciplinary process; or (

e) should be registered in the Defined Register for such other reasons as the Board may deem necessary [sic]. 4 The Registrar may divide the Defined Register into parts representing the classes of persons who may be registered therein. 5 Persons who are registered in the Defined Register may engage in the practice of occupational therapy in compliance with any terms or conditions placed on their license by the Board. 6 Applications for registration from persons who may meet the requirements of

Section 3 or who otherwise may qualify for registration in the Defined Register by reason of the policies of the Board shall be considered for registration on the Defined Register.

N.S. Reg. 164/2003 Royal Gazette

Part II - Regulations Vol. 27, No. 20 © NS Registry of Regulations. Web version. 561 N.S. Reg. 164/2003 Made: November 29, 2002 Filed: September 26, 2003 Drug Schedules Order dated November 29, 2002 Regulations made by the Council of the Nova Scotia College of Pharmacists pursuant to

Section 78 of the Pharmacy Act Drug Schedules Adopted by the Council of the Nova Scotia College of Pharmacists pursuant to

Section 78 of the Pharmacy Act, subject to disallowance by the Minister of Health and not disallowed.

Schedule I 1 The drugs and medicines in this

Schedule are the drugs listed from time to time in

Schedule I of the National Drug Schedules, which are part of Canada’s National Drug Scheduling System published by the National Association of Pharmacy Regulatory Authorities, as that

Schedule is from time to time amended, excluding those drugs included or listed in

Schedule “F” of the Food and Drug Regulations (Canada) and those drugs that are controlled pursuant to the Controlled Drugs and Substances Act (Canada) and regulations. 2 The drugs and medicines listed in this

Schedule require a prescription as a condition of sale, and are subject to the same regulations as drugs listed in

Part I of

Schedule “F” of the Food and Drug Regulations (Canada). 3 The drugs and medicines in this

Schedule must be sold in accordance with the standards of practice from time to time approved by the Council.

Schedule II 1 The drugs and medicines in this

Schedule are the drugs listed from time to time in

Schedule II of the National Drug Schedules, which are part of Canada’s National Drug Scheduling System published by the National Association of Pharmacy Regulatory Authorities, as that

Schedule is from time to time amended. 2( 1 ) The drugs and medicines listed in this

Schedule do not require a prescription as a condition of sale, but are only available from a pharmacist or a certified dispenser and must be kept within an area of the pharmacy to which there is no public access and no opportunity for self-selection.

(2) The direct involvement and professional intervention from a pharmacist or certified dispenser is required prior to the release of the drug to the patient or the patient’s agent. 3 The drugs and medicines in this

Schedule must be sold in accordance with the standards of practice from time to time approved by the Council.

Schedule III 1 The drugs and medicines in this

Schedule are the drugs listed from time to time in

Schedule III of the National Drug Schedules, which are part of Canada’s National Drug Scheduling System published by the National Association of Pharmacy Regulatory Authorities, as that

Schedule is from time to time amended. 2( 1 ) The drugs and medicines listed in this

Schedule do not require a prescription as a condition of sale, but are sold from the self-selection area of the pharmacy maintained under the personal supervision of a pharmacist or certified dispenser.

(2) A pharmacist or certified dispenser must be available to assist the patient in making an appropriate self-medication selection. 3 The drugs and medicines in this

Schedule must be sold in accordance with the standards of practice from time to time approved by the Council.

N.S. Reg. 164/2003 -166/2003 Royal Gazette

Part II - Regulations Vol. 27, No. 20 562 © NS Registry of Regulations. Web version.

Schedule IV 1 The drugs and medicines in this

Schedule are those drugs and medicines that are controlled pursuant to the Controlled Drugs and Substances Act (Canada), except such drugs and medicines as are expressly excluded from this

Schedule by the Council, acting on the recommendation of a prescription monitoring program approved by the Minister of Health. 2 No pharmacist or certified dispenser shall dispense a prescription for a drug included in this

Schedule unless (

a) the prescription is prescribed in the manner approved by the approved prescription monitoring program and the Council; (

b) the prescription form is fully completed; and (

c) the pharmacist or certified dispenser comp lies with all of the requirements of these regulations. 3 No pharmacist or certified dispenser shall dispense a verbal order for any drug included in this Schedule. 4 No pharmacist or certified dispenser shall dispense a refill for any drug included in this Schedule. 5 The patient or the patient’s agent shall sign the prescription before it is released to the patient or the patient’s agent. 6 A copy of the prescription form shall be provided by the pharmacist to the approved prescription monitoring program within seven days after the prescription has been released to the patient or the patient’s agent. 7 The approved prescription monitoring program shall give the College a compilation of any data collected that suggests the possibility of abuse or misuse of drugs or inappropriate or fraudulent prescriptions, and shall advise the College of any information that could be interpreted as inappropriate or fraudulent dispensing by a pharmacist or certified dispenser. 8 This regulation does not apply to prescriptions for drugs administered to patients in a nursing home licensed pursuant to the Homes for Special Care Act. 9 The drugs and medicines in this

Schedule must be sold in accordance with the standards of practice from time to time approved by the Council. N.S. Reg. 165/2003 and 166/2003 Made: September 26, 2003 Filed: October 2, 2003 Regulations Respecting Part-time Judges of the Provincial Court and Regulations Respecting Part-time Judges of the Family Court Order in Council 2003-402 dated September 26, 2003 Amendments to regulations made by the Governor in Council pursuant to

Section 6A of the Provincial Court Act and

Section 5A of the Family Court Act The Governor in Council on the report and recommendation of the Minister of Justice dated September 16, 2003, is pleased, effective on and after September 26, 2003 (

a) pursuant to

Section 6A of

Chapter 238 of the Revised Statutes of Nova Scotia, 1989, the Provincial Court Act, to amend the Regulations Respecting Part-time Judges of the Provincial Court made by

N.S. Reg. 165/2003-166/2003 Royal Gazette

Part II - Regulations Vol. 27, No. 20 © NS Registry of Regulations. Web version. 563 the Governor in Council by Order in Council 91-936 dated August 15, 1991, in the manner set forth in

Schedule “A” attached to and forming part of the report and recommendation; and (

b) pursuant to

Section 5A of

Chapter 159 of the Revised Statutes of Nova Scotia, 1989, the Family Court Act, to amend the Regulations Respecting Part-time Judges of the Family Court made by the Governor in Council by Order in Council 95-447 dated June 13, 1995, in the manner set forth in

Schedule “B” attached to and forming part of the report and recommendation. N.S. Reg. 165/2003

Schedule “A” Amendments to the Regulations Respecting Part-time Judges of the Provincial Court made by the Governor in Council pursuant to

Section 6A of

Chapter 238 of the Revised Statutes of Nova Scotia, 1989, the Provincial Court Act 1

Section 2 of the Regulations Respecting Part-time Judges of the Provincial Court made by the Governor in Council by Order in Council 91-936 dated August 15, 1991, is repealed and the following

Section substituted: 2 In these regulations, “part-time judge” means a judge who is retired and is appointed in office as a judge by the Chief Judge pursuant to

Section 6A of the Act. 2

Section 4 of the regulations is repealed. 3

Section 6 of the regulations is amended by striking out “21” and substituting “21A”. N.S. Reg. 166/2003

Schedule “B” Amendments to the Regulations Respecting Part-time Judges of the Family Court made by the Governor in Council pursuant to

Section 5A of

Chapter 159 of the Revised Statutes of Nova Scotia, 1989, the Family Court Act 1

Section 2 of the Regulations Respecting Part-time Judges of the Family Court made by the Governor in Council by Order in Council 95-447 dated June 13, 1995, is repealed and the following

Section substituted: 2 In these regulations, “part-time judge” means a judge who is retired and is appointed in office as a judge by the Chief Judge pursuant to

Section 5A of the Act. 2

Section 5 of the regulations is amended by striking out “21” and substituting “21A”.

N.S. Reg. 167/2003 Royal Gazette

Part II - Regulations Vol. 27, No. 20 564 © NS Registry of Regulations. Web version. N.S. Reg. 167/2003 Made: September 26, 2003 Filed: October 2, 2003 Proclamation, S. 80, S.N.S. 2000, c. 8 Order in Council 2003-403 made September 26, 2003 Proclamation made by the Governor in Council pursuant to

Section 80 of the Medical Laboratory Technology Act The Governor in Council on the report and recommendation of the Minister of Health dated August 29, 2003, pursuant to

Section 80 of

Chapter 8 of the Acts of 2000, the Medical Laboratory Technology Act, is pleased to order and declare by proclamation that

Chapter 8 of the Acts of 2000, the Medical Laboratory Technology Act, come into force on and not before January 1, 2004. PROVINCE OF NOVA SCOTIA Sgd: M. A. Freeman G/S ELIZABETH THE SECOND, by the Grace of God, of the United Kingdom, Canada and Her Other Realms and Territories, Queen, Head of the Commonwealth, Defender of the Faith. TO ALL TO WHOM THESE PRESENTS SHALL COME, OR WHOM THE SAME MAY IN ANY WISE CONCERN, GREETING: A PROCLAMATION

WHEREAS in and by

Section 80 of

Chapter 8 of the Acts of 2000, the Medical Laboratory Technology Act, it is enacted as follows: 80 This Act comes into force on such day as the Governor in Council orders and declares by proclamation. AND

WHEREAS it is deemed expedient that

Chapter 8 of the Acts of 2000, the Medical Laboratory Technology Act, come into force on and not before January 1, 2004; NOW KNOW YE THAT WE, by and with the advice of the Executive Council of Nova Scotia, do by this Our Proclamation order and declare that

Chapter 8 of the Acts of 2000, the Medical Laboratory Technology Act, come into force on and not before January 1, 2004, of which all persons concerned are to take notice and govern themselves accordingly. IN TESTIMONY WHEREOF We have caused these our Letters to be made Patent and the Great Seal of Nova Scotia to be hereunto affixed. WITNESS, Our Trusty and Well Beloved Her Honour the Honourable Myra A. Freeman, Lieutenant Governor of the Province of Nova Scotia.

AT Our Government House in the Halifax Regional Municipality, this 26 th day of September, in the year of Our Lord two thousand and three and in the fifty-second year of Our Reign. BY COMMAND: Sgd: M. G. Baker Provincial Secretary Minister of Justice and Attorney General

N.S. Reg. 168/2003 Royal Gazette

Part II - Regulations Vol. 27, No. 20 © NS Registry of Regulations. Web version. 565 N.S. Reg. 168/2003 Made: September 26, 2003 Filed: October 2, 2003 Medical Laboratory Technologists Registration Regulations Order in Council 2003-404 dated September 26, 2003 Regulations approved by the Governor in Council pursuant to subsection 22(2) of the Medical Laboratory Technology Act The Governor in Council on the report and recommendation of the Minister of Health dated September 3, 2003, and pursuant to subsection 22(2) of

Chapter 8 of the Acts of 2000, the Medical Laboratory Technology Act, is pleased to approve the making by the Board of the Nova Scotia Society of Medical Laboratory Technologists of new regulations respecting registration in the form set forth in

Schedule “A” attached to and forming part of the report and recommendation, effective on and after January 1, 2004.

Schedule “A” I certify that the Board of Nova Scotia Society of Medical Laboratory Technologists at its meeting on July 18, 2003, carried a motion to approve the Nova Scotia College of Medical Laboratory Technologists Registration Regulations, in the form attached. Signed at Halifax, in the Halifax Regional Municipality, Nova Scotia, on July 18, 2003. Nova Scotia Society of Medical Laboratory Technologists per: sgd: Geraldine Cooper-Lesins Geraldine Cooper-Lesins, Secretary Regulations Respecting Registration in the Nova Scotia College of Medical Laboratory Technologists made pursuant to subsection 22(2) of

Chapter 8 of the Acts of 2000, the Medical Laboratory Technology Act Citation 1 These regulations may be cited as the Medical Laboratory Technologists Registration Regulations.

Definitions 2( 1 ) In these regulations, (a) “Act” means the Medical Laboratory Technology Act; (b) “annual renewal form” means the form prescrib ed in the Board Regulations to be completed by a member applying to renew their registration and licence pursuant to the Act; (c) “Board Regulations” means the regulations made by the Board pursuant to subsection 22(1) of the Act; (d) “CSMLS” means the Canadian Society of Medical Laboratory Science or its successor; (e) “expiry date” means the date prescribed in the Board Regulations upon which the registration and licence of a member of the College expires; (f) “initial registration fee” means the initial regist ration fee prescribed in the Board Regulations; (g) “initial registration form” means the form prescribed by the Board Regulations to be completed by an applicant for initial registration and licensing pursuant to the Act; (h) “member” means a member of the College as defined in the Act;

N.S. Reg. 168/2003 Royal Gazette

Part II - Regulations Vol. 27, No. 20 566 © NS Registry of Regulations.

Web version. (i) “non-practising” refers to the status of a memb er who is not currently engaged in the practice of medical laboratory technology in the Province and who fulfills the membership requirements of the Act and these regulations and who desires to maintain their licence; (j) “practising” refers to the status of a member who engages in the practice of medical laboratory technology in the Province and who fulfills the membership requirements of the Act and these regulations; (k) “registration fee” means the annual registrati on fee prescribed by the Board Regulations; (l) “renewal date” means the date prescribed in the Board Regulations by which the registration and licence of a member must be renewed, which shall be at least 2 weeks prior to the applicable expiry date; (m) “re-registration fee” means the fee prescribed by the Board Regulations to be paid by a person who applies to the College to be relicensed under

Section 32 of the Act or re-instated under

Section 17; (n) “TeKnowledge.ns” means the continuing education program developed by the College for its members; (o) “TeKnowledge.ns certificate” means a curr ent certificate issued by the College upon successful completion by a member of at least 8 TeKnowledge.ns credits every 4 years.

(2) Words defined in the Act have the same meaning when used in these regulations. Applying for initial registration 3( 1 ) An applicant for initial registration must complete an initial registration form and submit it to the Registrar together with the following: (

a) a copy of the applicant’s birth certificat e or another identification document in a form satisfactory to the Registrar; (

b) copies of all degrees or diplomas and certifi cates relating to medical laboratory technology, or a certification confirmation form from CSMLS; (

c) a curriculum vitae with a chronological lis ting of all previous education and employment relating to medical laboratory technology, including a description of all clinical and non- clinical activities; (

d) if employed, a job description si gned by the applicant’s employer; (

e) if the applicant was previously licensed to practise medical laboratory technology in another jurisdiction, a letter of good standing from the licensing body of the jurisdiction or, if the licence from the other jurisdiction has expired, a letter from the jurisdiction confirming that the applicant has not been and is not currently the subject of any disciplinary proceedings in the jurisdiction; (

f) a declaration confirming (

i) the applicant’s good standing in all juri sdictions in which the applicant is currently licensed to practise medical laboratory technology and that neither the applicant’s professional conduct nor practice is under investigation in any other jurisdiction, (ii) that the applicant has not been and is not currently the subject of any disciplinary proceedings in any jurisdiction, and

N.S. Reg. 168/2003 Royal Gazette

Part II - Regulations Vol. 27, No. 20 © NS Registry of Regulations. Web version. 567 (iii) that the applicant has not been convicted of any criminal offence that would, in the opinion of the Registrar, reasonably be expected to have a negative impact on the applicant's practice of medical laboratory technology or the profession generally; (

g) proof of professional liability in surance in accordance with

Section 20; (

h) written consent of the applicant to the releas e of information relevant to the application by such references as are requested by the Registrar; and (

i) payment of the initial registration fee.

(2) The Registrar must provide an initial registration form to an applicant upon request, and the Registrar must provide an applicant for initial registration with a copy of the Act and all regulations made under the Act upon request.

(3) An applicant for initial registration must (

a) be a Canadian citizen or satisfy the Registrar that the applicant is legally entitled to live and work in Canada; (

b) be competent in both written and oral Englis h to the satisfaction of the Registrar or as determined by the Board; (

c) have successfully completed (

i) a baccalaureate degree program from a Cana dian post-secondary educational institution in medical laboratory technology or a diploma program from a Canadian post-secondary educational institution in medical laboratory technology, and (ii) the qualifying examinations prescribed by the Board.

(4) Despite clause 3(c), an applicant is eligible for initial registration if the applicant meets the requirements of clauses 3(

a) and (

b) and (

a) possesses the education or experience considered by the Credentials Committee to be equivalent to that which is required by clause 3(c); and (

b) has successfully completed the qualifying examinations prescribed by the Board. Applicant may be required to have personal interview 4 An applicant for initial registration or renewal of registration may be required by the Registrar, the Credentials Committee or the Board to have a personal interview with the Registrar, the Credentials Committee or the Board. Applicant must provide information to Board 5 An applicant for initial registration or renewal of registration must comply with any request from the Board for information for the purpose of clause 24(1)(

c) of the Act to satisfy the Board that the applicant possesses the required qualifications. Status recorded in Register 6( 1 ) The status of a member must be recorded in the Register as “practising”, “non-practising” or “retired”.

(2) If the status of a member changes from practising to non-practising or from non-practising to practising, or if a member has retired, the member must notify the Registrar in writing within 7 days of their change in status.

N.S. Reg. 168/2003 Royal Gazette

Part II - Regulations Vol. 27, No. 20 568 © NS Registry of Regulations. Web version. Conditions on licence 7 The Board, the Credentials Committee or the Registrar may impose such reasonable limitations or qualifications on a member’s licence as it considers appropriate, including, but not limited to, practice limitations or temporary licence or supervisory requirements. Practice allowed only within scope of practice 8 In addition to any conditions imposed under

Section 7, it shall be a term, condition and limitation of every registration and licence that the member practise only within the scope of practice in which the member is educated. Registration as a temporary member 9( 1 ) An applicant who otherwise meets the requirements for registration contained in the Act and the regulations under the Act may be registered as a temporary member and be issued a temporary licence if (

a) the applicant has (

i) completed an approved me dical laboratory technology program within 3 months of the date of submission of the applicant’s initial registration form, and (ii) written, or satisfied the Registrar that the applicant is going to write, the examinations prescribed by the Board; or (

b) the applicant provides written confirmation th at a requirement for registration is temporarily unavailable but will be obtained and submitted to the Registrar within a period of time that the Registrar considers reasonable, and the Registrar is able to verify the required information through some other acceptable means.

(2) A temporary member is permitted to practise medical laboratory technology only under the supervision of a member who is not a temporary member.

(3) A temporary member is not entitled to vote at meetings of the College, be nominated for election to the Board, or be appointed to any Committee of the Board.

(4) A temporary licence is limited to a 12-month term and may be renewed only with the approval of Credentials Committee. Supervised practice 10

(1) Supervised practice is required for (

a) a temporary member, in accordance with subsection 9(2); (

b) a person who does not meet the continuing competency requirements in

Section 15; and (

c) a person whose licence or registration has been suspended or revoked.

(2) In addition to the persons named in subsection (1), the Board may require any other applicant or member to undergo a period of supervised practice in a medical laboratory technology setting approved by the Board and to demonstrate competence to practice.

(3) A supervisor must continually monitor the performance of a person being supervised and must always be readily accessible in case of difficulty or needed intervention, and must use constant observation until a judgment about competence is made. Non-members carrying out tasks 11 For the purposes of clause 42(

s) of the Act, a person that is not a member may carry out tasks constituting part of the practice of medical laboratory technology as long as

N.S. Reg. 168/2003 Royal Gazette

Part II - Regulations Vol. 27, No. 20 © NS Registry of Regulations. Web version. 569 (

a) the tasks involve only (

i) data entry and procurement/receipt, (ii) specimen processing, (iii) performance of pre-analytical procedures on specimens from a variety of sources that do not involve either the analysis or the use of scientific knowledge as the basis for the

interpretation, communication and documentation of confidential data, or (iv) preparation of reagents for medical laboratory testing; (

b) the person follows quality assurance policies and procedures as opposed to total quality management, all of which are in accordance with established laboratory standards and fall within the competencies for medical laboratory assistants as prescribed by CSMLS; and (

c) the tasks are carried out while the person is supporting and assisting a member and is under the supervision and control of a member. Expiry and renewal of registration and licence 12

(1) The registration and licence of a member expires each year on the applicable expiry date.

(2) A member must be advised of the applicable expiry date and the applicable renewal date applicable to that member's registration and licence at the time of initial registration and licensing and upon each annual renewal of their registration and licence. Applying for renewal of registration 13 To renew the member’s registration, a member must submit a completed annual renewal form to the Registrar on or before the applicable renewal date together with (

a) proof of professional liability insuran ce coverage in accordance with

Section 20; (

b) a declaration indicating the number of TeK nowledge.ns credits the member has completed during the periods specified on the annual renewal form; (

c) the declaration required by clause 3(1)(f); and (

d) payment of the registration fee. Receipt of annual renewal form 14

(1) An annual renewal form and any documents or fees required to accompany the annual renewal form are deemed to be received by the Registrar on the date that they are actually received by the Registrar.

(2) The Registrar must record the date that an annual renewal form and accompanying documents are received. Continuing competency requirements 15

(1) An applicant for renewal of registration as a practising member must hold a TeKnowledge.ns certificate.

(2) Despite subsection (1), a practising member who is registered in accordance with subsection 78(1) of the Act and who, on the date of the coming into force of the Act, did not meet the requirements of clause 3(3)(

c) has 4 years from the date of their initial registration to obtain a TeKnowledge.ns certificate as long as the practising member maintains continuous membership throughout the 4-year period.

N.S. Reg. 168/2003 Royal Gazette

Part II - Regulations Vol. 27, No. 20 570 © NS Registry of Regulations. Web version.

(3) A practising member who fails to comply with subsection (1) or (2) is required to successfully complete 500 hours of supervised practice of medical laboratory technology or a refresher course approved by the Board. Failure to renew registration 16

(1) The licence of a member who fails to submit a completed annual renewal form and comply with clauses 13(

a) to (

c) on or before the expiry date of the licence must be suspended.

(2) Suspension of a licence under subsection 31(2) of the Act or under subsection 16(1) is effective on the day immediately following the current licence’s expiry date.

(3) The Registrar must immediately notify, in writing, any person whose licence is suspended pursuant to subsection 16(1). Re-instatement 17

(1) A member whose licence is suspended under subsection 16(1) may be re-instated by the Registrar when the Registrar is satisfied that the member has filed the annual renewal form and complied with clauses 13(

a) to (c), and the member has paid the re-registration fee.

(2) Re-instatement of a member’s licence pursuant to this

Section is effective when the Registrar issues a notice of re-instatement. Prescribed period of absence from Province 18 For the purposes of subsection 37(1) of the Act, the prescribed period is 2 weeks. Public notice of suspension or revocation 19 If a member's licence or registration is suspended or revoked, the Registrar must as soon as practicable (

a) publish a notice of the suspension or revocation at least once in a newspaper with circulation throughout the Province; (

b) notify licensing authorities in other Canadian jurisdictions; and (

c) notify CSMLS. Minimum professional liability insurance 20

(1) A practising member must be covered by a policy of professional liability insurance that is independent of any insurance coverage maintained by the practising member’s employer and that at all times provides a minimum of (a) $2 000 000.00 coverage per occurrence; and (b) $2 000 000.00 coverage per policy year.

(2) No practising member is permitted to engage in the practice of medical laboratory technology unless they are insured in accordance with this Section. Members in good standing 21 For the purposes of subsection 9(2), subsection 14(3) and clause 15(

b) of the Act, a member ceases to be a member in good standing of the College if (

a) the registration and licence of that member is suspended or revoked; (

b) the member is convicted of an offence pursuant to the Criminal Code (Canada) or the Narcotics Control Act (Canada); (

c) the member fails to demonstrate good moral character; or

N.S. Reg. 168/2003 – 169/2003 Royal Gazette

Part II - Regulations Vol. 27, No. 20 © NS Registry of Regulations. Web version. 571 (

d) the member breaches confidentiality with resp ect to the confidential affairs of the Board. Designated titles permitted 22 A practising member is permitted to use only the title “Medical Laboratory Technologist” or “M.L.T” or “MLT” and may use in association with the member's name the name of any academic degree, diploma or certificate held by the member and approved by the Board for such use. Professional standards 23 A practising member must exercise generally accepted standards of practice and procedures in the performance of professional services. N.S.

Reg. 169/2003 Made: September 26, 2003 Filed: October 2, 2003 Licensed Practical Nurses Regulations Order in Council 2003-405 dated September 26, 2003 Amendment to regulations approved by the Governor in Council pursuant to subsection 27(2) of the Licensed Practical Nurses Act The Governor in Council on the report and recommendation of the Minister of the Health dated September 4, 2003, and pursuant to subsection 27(2) of

Chapter 7 of the Acts of 2001, the Licensed Practical Nurses Act, is pleased to approve the making by the Board of the College of Licensed Practical Nurses of Nova Scotia of amendments to the Licensed Practical Nurses Regulations approved by the Governor in Council by Order in Council 2002-275 dated June 6, 2002, in the manner set forth in

Schedule “A” attached to and forming part of the report and recommendation, effective on and after September 26, 2003.

Schedule “A” I certify that the Board of the College of Licensed and Practical Nurses of Nova Scotia, at its meeting on February 20, 2003, carried a motion to amend the Licensed Practical Nurses Regulations made by the Board on May 23, 2002, and approved by the Governor in Council by Order in Council 2002-275 on June 6th, 2002, in the manner attached. Signed at Halifax in the Halifax Regional Municipality, Nova Scotia on March 7, 2003. Per: sgd: Ann Mann RN MN Ann Mann, MN RN Executive Director/Registrar Amendments to the Licensed Practical Nurses Regulations made by the Board of the College of Licensed Practical Nurses of Nova Scotia pursuant to subsection 27(2) of

Chapter 7 of the Acts of 2001, the Licensed Practical Nurses Act

Section 25 of the Licensed Practical Nurses Regulations approved by the Governor in Council by Order in Council 2002-275 dated June 6, 2002, is amended by (

a) striking out “another” in subsection (3) and substituting “the”; and (

b) adding “and the matter originally referred to the complaints committee shall be forwarded to a discipline committee for a hearing” immediately after “complaints committee” in subclause (5)(a)(ii).

N.S. Reg. 170/2003 – 171/2003 Royal Gazette

Part II - Regulations Vol. 27, No. 20 572 © NS Registry of Regulations. Web version. N.S. Reg. 170/2003 Made: September 26, 2003 Filed: October 2, 2003 Business Registry Regulations Order in Council 2003-406 dated September 26, 2003 Amendment to regulations made by the Governor in Council pursuant to

Section 4 of the Business Electronic Filing Act The Governor in Council on the report and recommendation of the Minister of Service Nova Scotia and Municipal Relations and the Minister of Environment and Labour dated September 5, 2003, and pursuant to

Section 4 of

Chapter 3 of the Acts of 1995-96, the Business Electronic Filing Act, is pleased to amend the Business Registry Regulations made by the Governor in Council by Order in Council 2000-24 dated February 2, 2000, by adding the following clause immediately after clause 3(h): (ha) Elevators and Lifts Act; effective on and after October 1, 2003. N.S. Reg. 171/2003 Made: September 26, 2003 Filed: October 6, 2003 Land Registration Administration Regulations Order dated September 26, 2003 Regulations made by the Minister of Service Nova Scotia and Municipal Relations pursuant to

Section 94 of the Land Registration Act In the matter of

Section 94 of

Chapter 6 of the Acts of 2001, the Land Registration Act - and - In the matter of the Land Registration Administration Regulations made by the Minister of Service Nova Scotia and Municipal Relations pursuant to

Section 94 of the Land Registration Act Order I, Barry Barnet, Minister of Service Nova Scotia and Municipal Relations for the Province of Nova Scotia, pursuant to

Section 94 of

Chapter 6 of the Acts of 2001, the Land Registration Act, am pleased to (

a) repeal the Land Registration Administration Regulations made by the Minister of Service Nova Scotia and Municipal Relations on March 17, 2003; and (

b) make new regulations respecting land registration administration in the form attached. This Order is effective December 1, 2003. Dated and made at Halifax, Halifax Regional Municipality, on September 26, 2003. sgd: Barry Barnet The Honourable Barry Barnet Minister of Service Nova Scotia and Municipal Relations

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Section 94 of

Chapter 6 of the Acts of 2001, the Land Registration Act Citation 1 These regulations may be cited as the Land Registration Administration Regulations.

Definitions 2( 1 ) In these regulations, (a) “Act” means the Land Registration Act; (b) “authorized lawyer” means an eligible lawyer who is a party to a Property Online Authorized Lawyer User Agreement with the Minister pursuant to subsection 94(3) of the Act that is in force; (c) “authorized surveyor” means a Nova Scotia Land Surveyor who is a party to a Property Online Parcel Certification User Agreement with the Minister pursuant to subsection 94(3) of the Act that is in force; (d) “Department” means the Department of Se rvice Nova Scotia and Municipal Relations; (e) “dual purpose document” means a single document th at affects 2 or more parcels, 1 or more of which is registered pursuant to the Act and one or more of which is still governed by the Registry Act; (f) “eligible lawyer” means a lawyer who (

i) meets the definition of “qualified solicitor” in the Act, (ii) maintains a level of professional liability in surance at least equal to the limit required by the Nova Scotia Barristers’ Society; and (iii) complies with any educational requirements of the Society; (g) “land registration office” means a land registra tion office established pursuant to

Section 7 of the Act; (h) “parcel description certifica tion application” or “PDCA” means an application in accordance with

Section 5 to have the parcel identification number of the parcel certified by the registrar to match the legal description of the parcel; (i) “parcel identification number” or “PID” mean s the unique number in the Province’s electronic mapping system assigned to each parcel registered under the Act; (j) “parcel register” means “register” as defined in clause 3(1)(

t) of the Act; (k) “permanent resident” means a person who ordinarily resides in the Province for 183 days or more in a calendar year, and includes a person who intends to so reside in the present or next ensuing calendar year; (l) “ 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 parcel description certification applications and applications for registration pursuant to the Act and these regulations; (m) “short form legal description” means a parcel description that conforms with

Section 19 of the Act; and

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(2) For purposes of the Act, (a) “abstract of title” in clause 37(4)(

c) of the Act means a photocopy of the abstract of title and not the original; (b) “addresses of the parties” in subsection 67(1) of the Act means, for the judgment debtor, a civic or mailing address; (c) “instrument that most recently conveyed the f ee simple interest” in clause 13(1)(

g) of the Act means (

i) a deed or Crown grant registered pursuant to the Registry Act that most recently conveyed the fee simple in the parcel, (ii) a statutory declaration registered pursuant to the Registry Act from the person possessing the parcel, in the case of an interest being registered based on adverse possession or prescription, (iii) a certificate of the Registrar of Crown Lands describing the parcel and confirming that it has never been conveyed, in the case of land of Her Majesty that has never been conveyed, or (iv) a certificate of title pursuant to the Land Titles Clarification Act or the Quieting Titles Act whether or not the certificate is registered pursuant to the Registry Act, but for greater certainty does not include a mortgage or other charge or a will; (d) “interests” in clause 3(1)(

w) of the Act m eans interests specified in

Section 17 that may be registered; (e) “mailing address” means a complete address by which an individual or company is able to receive information, including notices, by mail; (f) “mortgage” in clause 46(1)(

c) of the Act incl udes any amendment to a mortgage that increases the principal amount of the obligation secured, adds an additional parcel, or permits additional advances up to the original amount secured, but does not include (

i) other amendments, (ii) an assignment, (iii) a mortgage of a leasehold interest with a term of 20 years or less, including any renewal periods of the lease, or (iv) an advance on an existing security interest that secures present and future advances up to the original principal amount of the charge; (g) “non-resident” means (

i) in the case of an individual, a person who is not a permanent resident of the Province, (ii) in the case of a body co rporate, a body corporate (

A) whose head office is not in the Province, or

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B) in which the majority of the issued and outstanding shares are beneficially owned by persons who are non-residents, unless the body corporate is registered to do business in the Province and owns or leases an office, plant, factory or other structure in the Province for use by its business, or (iii) a person who acquires a parcel for or on behalf of an individual or body corporate referred to in subclause (

i) or (ii); (h) “parcel” in subsection 37(2) of the Act does not include an unregistered parcel that is being created for purposes of consolidation with an abutting unregistered parcel if the parcel being created is incapable of being approved except as an addition to another parcel; (i) “parcel” in clause19(

a) of the Act means only a parcel that is sufficiently detailed on a plan to allow the legal description to be certified pursuant to the Act and these regulations based only on a reference to the lot number; (j) “person’s name” in subsection 66(8) of the Act means (

i) if a parcel is registered pursuant to the Ac t, the name of the registered owner of the registered interest as shown in the parcel register, (ii) if a parcel is not registered pursuant to the Act, the name shown on the relevant instrument registered pursuant to the Registry Act; (k) “security interest” in subsection 37(3) of the Act includes any amendment to a security interest that increases the principal amount of the obligation secured, adds an additional parcel or parcels to an existing security interest or any amendment that permits additional advances up to the original amount secured, but does not include (

i) other amendments, (ii) an assignment, (iii) a mortgage of a leasehold interest with a term of 20 years or less including any renewal periods of the lease, or (iv) an advance on an existing security interest that secures present and future advances up to the original principal amount of the charge; (l) “time for which the judgment was recorded” in clause 66(4)(

c) of the Act means 20 years after the date of the judgment if the judgment was recorded as specified to in subsection 65(5) of the Act; (m) “unreleased security interest” in subsection 40(1) of the Act means an unreleased security interest to secure borrowing for a non-commercial purpose; and (n) “valuable consideration” in clause 46(1)(

a) of the Act does not include amounts that are paid to a municipality as the result of a tax sale conducted pursuant to

Part VI of the Municipal Government Act. Forms 3( 1 ) Forms 1 to 22, and Forms 45 to 50 in

Schedule A are prescribed for filing, registering and recording at the land registration office.

(2) Forms 23 to 28 and Form 44A in

Schedule A are prescribed as the cover pages required by

Section 4.

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(3) Forms 29 to 43 in

Schedule A are prescribed for the use of the land registration office staff.

(4) Form 44 in

Schedule A is prescribed for use as a cover page to be attached to any document that may be registered pursuant to the Registry Act but that is not required to be registered or recorded pursuant to the Land Registration Act.

(5) Directions and explanations included in a form are binding but may be deleted when a form is submitted for filing, registering or recording at the land registration office.

(6) The place of execution or a jurat contained in a form may be altered to suit the circumstances prevailing at the time of execution of the form.

(7) Any reference to location or place of residence in the Province contained in a form may be altered suit the circumstances prevailing at the time of execution of the form.

(8) A faxed copy of a completed Form 4 or Form 5 may be submitted to the Land Registration Office in place of the signed original if the authorized lawyer keeps the signed original on file for audit purposes.

(9) An authorized lawyer or authorized surveyor who is empowered to act as agent for an owner or interest holder may execute the forms described in these regulations on behalf of the owner or interest holder. Document preparation 4( 1 ) Every document presented for registration or recording pursuant to the Act must include the following information on an attached cover page as prescribed in subsection 3(2): (

a) the names and mailing addresses of all transferees or claimants; (

b) the names of the grantees, in the form in which they are to be indexed in a names-based roll or placed in the parcel register; (

c) the user name, if applicable; (

d) the parcel identification number of each parcel affected by the document; (

e) a precise identification of the nature of th e document and the type of interest being added, including references to registry numerical coding if applicable; (

f) the date of expiry of any interest, if applicable; (

g) if a document is signed on behalf of a person by the holder of a power of attorney for that person, a statement indicating that the power of attorney is recorded in the attorney roll or the parcel register, or that a copy of the power of attorney is attached to the document; and (

h) the registration district where the parcel is located.

(2) Every document presented for registration pursuant to the Act must also include a statement as to whether any of the owners of the interest is a non-resident.

(3) If there is no cover page specified in subsection 3(2) to correspond with a document being presented for registration or recording, the information required under subsection (1) and (2) must be included on the first page of the document being presented.

(4) The registrar is entitled to rely upon the information contained in a cover page.

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(5) A dual purpose document must not be accepted for registration or recording pursuant to both the Act and the Registry Act unless the original document is accompanied by a copy that has been certified to be a true copy of the original by a Notary Public.

(6) A document that includes interests that are to be registered and also recorded pursuant to the Act does not have to be accompanied by a certified true copy as required by subsection (5).

(7) A registrar of probate may execute a request to the Registrar of Deeds to register a document in Form 44 for the purposes of registering a will pursuant to the Registry Act.

(8) If an error is identified in a request to record an interest in Form 26 or request to cancel the recording of an interest in Form 27, the submitter of the Form 26 or Form 27 must correct the error by recording a correction of request to record an interest in Form 49. Parcel description certification application 5( 1 ) An application for certification by the registrar of a match between the parcel identification number and the legal description of the parcel as required by clause 37(4)(

g) of the Act must be by (

a) submission of an electr onic PDCA in Form 2; or (

b) submission of a paper PDCA in Form 3, accomp anied by a computer diskette containing an electronic text file of the legal description of the parcel, if the registrar is unable to accept an electronic application for any reason including system unavailability or failure.

(2) A PDCA or amending PDCA may be submitted only by an individual who is authorized on behalf of a parcel owner to submit the PDCA or amending PDCA and who is (

a) an authorized lawyer; or (

b) an authorized surveyor.

(3) Before submitting a PDCA, the individual who will be submitting the PDCA on behalf of the parcel owner, must assist the applicant parcel owner in identifying the parcel’s PID and take reasonable steps to identify the PID, including (

a) reviewing the legal description; (

b) reviewing Provincial mapping graphics; and (

c) having the applicant parcel owner confirm the a pparent match of the graphics identified by the PID with the legal description unless the applicant parcel owner is a mortgagee, receiver or trustee by way of foreclosure, assignment in bankruptcy or otherwise.

(4) If an electronic graphical representation of a parcel does not exist, an applicant parcel owner must submit a request for PID assignment in Form 1 before submitting a PDCA, along with such information as will enable the preparation of a graphical representation of the parcel.

(5) Subject to Sections 7 and 8, a legal description submitted in the PDCA for certification as the certified legal description of the parcel may be a short form legal description only if (

a) the existing configuration of the parcel meets the requirements of

Part IX of the Municipal Government Act; (

b) the existing configuration of the parcel is ev idenced on an approved plan of subdivision which is filed in the Registry of Deeds; and

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c) a full-text description for the existing config uration of the parcel is not referenced in a document previously registered pursuant to the Registry Act or registered or recorded pursuant to the Act.

(6) A short form legal description submitted in accordance with subsection (5), must include (

a) the full text of every servitude that benefits the parcel; (

b) the full text of every easement re ferred to in the legal description; (

c) the full text of every parcel excepted from th e legal description, unless the excepted parcel is described by reference to a plan that has been previously registered pursuant to the Registry Act or registered or recorded pursuant to the Act; (

d) enough information to clearly identify the boundari es and extent of the parcel on the related plan; and (

e) a uniquely identifiable reference to the plan th at contains the parcel, such as a document, plan or drawer number.

(7) For the purposes of clause 6(

b) the full text of an easement may be a reference to a plan if (

a) the easement is depicted or shown on a plan filed pursuant to the Registry Act or registered or recorded pursuant to the Act; (

b) the easement is not described in full text in any document previously registered pursuant to the Registry Act or registered or recorded pursuant to the Act; and (

c) any information pertinent to the usage of the easement such as a right of ingress and egress, a right to park or construct, or an obligation to maintain or restore is set out in full text in the legal description of the parcel to which the easement applies.

(8) If a legal description submitted in the PDCA for certification as the certified legal description of the parcel makes reference to a plan of survey or approved plan of subdivision that is not filed in the registry of deeds, the person who submitted the PDCA must forward a copy of the referenced plan to the registrar for the registrar’s reference.

(9) If the length of a legal description exceeds the space available in the electronic PDCA in Form 2, (

a) the electronic PDCA form must be submitted in the usual manner and the legal description must be sent to the land registration office as a text file attached to an e-mail; (

b) a reference to the fact that the legal descri ption is being submitted by e-mail must be inserted into the legal description field on the electronic PDCA form; and (

c) the PDCA number provided by the system once the electronic PDCA form is successfully submitted, must be referenced in the e-mail to which the legal description is attached.

(10) The preparation of an electronic graphical representation of the parcel and assignment of a new PlD by the registrar is not evidence that the owner has complied with

Part IX of the Municipal Government Act.

(11) If the boundaries of an unregistered parcel are affected by a boundary line agreement, (

a) the boundary line agreement must be registered pursuant to the Registry Act or recorded pursuant to the Act;

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b) the applicant parcel owner must, before submitting a PDCA submit a request for PID assignment in Form 1, together with the registration or recording particulars of the boundary line agreement, so as to enable the preparation of a graphical representation of the parcel; and (

c) if a plan of survey has been prepared in support of a boundary line agreement, the plan of survey must be recorded pursuant to the Act or registered pursuant to the Registry Act before the PDCA is submitted.

(12) Subject to subsection (13) and notwithstanding that watercourses are vested in the Crown by virtue of

Section 103 of the Environment Act, a watercourse is deemed not to subdivide the parcel or parcels through which it flows.

(13) If, after considering the nature and use of both a watercourse and the land through which it flows, the person submitting a PDCA determines that the watercourse creates a natural boundary, (

a) the watercourse is deemed to subdivide the parcel or parcels through which it flows; and (

b) the applicant parcel owner, before submi ssion of the PDCA, must submit a request for PID assignment in Form 1, along with such information as will enable the preparation of a graphical representation of the parcel. Creation of legal description on subdivision 6 If a parcel registered pursuant to the Act is subsequently subdivided, the registrar may (

a) if the details shown on the plan of subdivision pe rmit, create a legal description that complies with

Section 19 of the Act for one or more of the subdivided parcels and the remainder lands; or (

b) require the owner of the subdivided parcels to submit a PDCA for one or more of the subdivided parcels or remainder lands. Change in legal description 7( 1 ) If the legal description of a registered parcel is altered by a plan of survey, correction of an error, addition of a servitude that benefits the parcel or to which the parcel is subject, or another cause, a PDCA for the amended parcel in Form 2 or 3 required by

Section 5, must be made to the registrar and the new legal description approved by the registrar as the certified legal description in order to revise the register to show the new legal description.

(2) The following words of certification, signed by an authorized lawyer or authorized surveyor, must be included in the amended legal description required by subsection (1): “I certify that this legal description is intended to describe, the same parcel as represented by PID_______________.”

(3) An application pursuant to this

Section which requests adding the benefit of a servitude to a registered parcel must (

a) if the servitude encumbers lands registered pursuant to the Act, be accompanied by (

i) the document that conveys the servitude, and (ii) an authorized lawyer’s certificate of legal ef fect in Form 9 confirming that the registered owner of the parcel has good title to the servitude; or (

b) if the servitude encumbers lands not regist ered pursuant to the Act, be accompanied by (

i) the document which conveys the servitude, (ii) an abstract of title to the land subject to the servitude,

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(4) Upon receipt of a certificate of legal effect as required by clause (3)(a), the registrar must update the particulars of the registered interest to show the benefit of the servitude in accordance with the certificate of legal effect.

(5) If the legal description of a registered parcel is altered as the result of a survey, and the plan of survey is recorded pursuant to the Act, the amended legal description required by subsection (1) may, in lieu of including the full description of the property to which the document relates, refer to the parcel by lot number as shown on the plan, as provided for in clause 19(

a) of the Act. Change in boundaries 8( 1 ) If a plan of survey of a parcel that is registered pursuant to the Act illustrates the need to change an existing certified legal description, a PDCA for the amended parcel in Form 2 or 3 as required by

Section 5, must be submitted together with a copy of the survey plan upon which it is based.

(2) The amended legal description in a PDCA required pursuant to subsection (1) may, in lieu of including the full description of the property to which the document relates, refer to the parcel by lot number as shown on the plan, as provided for in clause 19(

a) of the Act.

(3) The following words must be included in the amended legal description required by subsection (1): “Being and intended to be the same parcel certified to match PID__________.”

(4) If land that is not part of a registered parcel is to be added to a registered parcel, an application to add the land to the registered parcel must be made in accordance with an application for registration in

Section 9. Application for registration 9( 1 ) An application for registration made pursuant to

Section 37 of the Act must be made by an authorized lawyer.

(2) An application for registration must be submitted (

a) electronically in Form 6 (

i) in draft form for preliminary approval by the registrar, and (ii) in final form, after receipt of the pr eliminary approval of the registrar; or (

b) in hard copy in draft or final form using Form 7, if the registrar is unable to accept an electronic application for registration in draft or final form for any reason including system unavailability or failure.

(3) The following items, together with the items specified in subsection 37(4) of the Act, must be received in the land registration office within 10 business days of the submission of Form 6 or 7 in final form, if Form 6 or 7 is submitted between January 1 and May 31 and October 1 and December 31 in any year, and within 15 business days of the submission of Form 6 or 7 in final form, if Form 6 or 7 is submitted between June 1 and September 30 in any year, (

a) a statutory declaration from the owner re specting residency and occupation in Form 5; (

b) an authorization to submit application for regist ration in Form 4, if the registering lawyer does not have a solicitor-client relationship with the owner of the parcel being registered;

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c) copies of any documents referred to in an ab stract of title that are not already registered, recorded or filed pursuant to the Act or the Registry Act; and (

d) a copy of the statement of registered a nd recorded interests in Form 29 that was sent electronically to the authorized lawyer upon submission of the final form of Form 6 or 7, that has been signed by the submitting authorized lawyer.

(4) Subject to subsection (9), the statutory declaration from the owner respecting residency and occupation in Form 5 may be sworn by an owner’s personal representative, trustee or agent if the personal representative, trustee or agent is able to execute the declaration (

a) based on personal knowledge of the facts; or (

b) on the basis of information and belief base d on discussions with the current or previous owner.

(5) A reference in the application for registration to the book and page in the registry of deeds for the document that most recently conveyed the fee simple will be accepted as evidence of compliance with

Part V of the Municipal Government Act for the purposes of clause 37(4)(

e) of the Act.

(6) Subject to subsection (7), if a statutory declaration pursuant to clause (3)(

a) discloses the existence of possession that is adverse, the applicant must (

a) notify the occupier in writing that an applica tion for registration of the parcel has been made; and (

b) include a copy of the written notice together with the other documents required to accompany the application for registration pursuant to subsection (3). (7) Subsection (6) does not apply to adverse possession that is preserved by subsection 75(1) of the Act.

(8) An application for registration made to the registrar pursuant to subsection 37(2) of the Act must be made in the name of the current owner, and the registration must be revised subsequently to show the change in ownership as requested in the request to revise and certificate of legal effect.

(9) If, before an application for registration is submitted, ownership of a parcel has vested in a mortgagee, receiver or trustee by way of foreclosure, assignment in bankruptcy or otherwise, (

a) the Court Order or document vesting title must be registered pursuant to the Registry Act before an application for registration is submitted in accordance with this Section; and (

b) the statutory declaration from the owner re specting residency and occupation in Form 5 may indicate that the mortgagee, receiver or trustee has no personal knowledge regarding occupancy of the parcel.

(10) With the agreement of the authorized lawyer, the registrar may revise the registration and recording particulars in the parcel register of a registered parcel to conform with the opinion of title prepared by the authorized lawyer pursuant to clause 37(4)(

b) of the Act. Registration pursuant to

Section 41 of the Act 10 A person registering an interest in a parcel pursuant to

Section 41 of the Act must first submit (

a) a PDCA in accordance with

Section 5; and (

b) an application for registration in accordance with s ubsections 9(1) and (2), and clauses 37(4)(a), (ba) and (

g) of the Act, accompanied by the items required in clause 9(3)(d).

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(1) In addition to the matters specified by subsection 13(1) of the Act, a parcel register must contain a reference to (

a) the full text of every document by which the title to the parcel is affected, as registered or recorded pursuant to the Act or the Registry Act; (

b) any judgment against predecessors in title to which the parcel is, or may be, subject; (

c) any judgments against any registered owner(

s) th at were effective at the time of registration or revision of the registered ownership of the interest; and (

d) an instrument or interest type assigned to a registered or recorded interest.

(2) A parcel register is deemed to be a complete statement of all judgments against predecessors in title to the registered owner of the parcel that bind the parcel.

(3) If a parcel register does not include a reference to a judgment against a previous owner of the parcel to which the parcel is still subject, and the judgment creditor or the assignee of the judgment creditor suffers loss as a result of the effect of subsection 20(1) of the Act, the failure to include the reference is deemed to be a failure to make a recording for which the judgment creditor or the assignee of the judgment creditor is entitled to compensation pursuant to

Section 85 of the Act.

(4) An archive register is not part of the parcel register.

(5) All appurtenances that are enabled by the same instrument are incorporated by one reference to that enabling instrument in the parcel register. Prescribed contracts 12

(1) Contractual rights respecting parcels registered pursuant to the Act, including but not limited to rights of first refusal, are prescribed contracts for the purposes of the definition of “interest” in clause 3(1)(

g) of the Act.

(2) Prescribed contracts may be recorded in the parcel register and, if recorded, are subject to the Act’s recording and cancellation of recording provisions. Certificate of registered ownership 13

(1) A certificate of registered ownership may be issued pursuant to subsection 13(5) of the Act, only if the applicant is the registered owner of the fee simple estate in the parcel.

(2) A certificate of registered ownership must be in Form 30.

(3) Every certificate of registered ownership in Form 30 is deemed to include the following words of limitation or disclaimer: “This Certificate of Registered Ownership is subject to (

a) the limitations, qualifications and appurtenances respecting the registered interest in this parcel that appear in its parcel register; (

b) the recorded interests as show n in that parcel register; and (

c) the provisions of the Land Registration Act and regulations.” Certificate of legal effect 14

(1) A request to revise the registration of a registered parcel pursuant to

Section 18 of the Act must be in Form 24 and must include a certificate of legal effect.

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(2) Except as set out in subsection (4), a direction to revise registration of a registered parcel must be in Form 25 and must include a certificate of legal effect.

(3) A person who claims to be entitled to be registered as the owner of any registered parcel or the owner of an interest or estate in the parcel pursuant to

Section 32 of the Act must file the documents to support the claim together with a direction to revise registration of a registered parcel.

(4) A direction to revise a registration as a result of the death of a joint tenant pursuant to

Section 27 of the Act must be in Form 21 and must be accompanied by proof of death.

(5) A certificate of legal effect is not required on the submission of (

a) an application for registration in Form 6 or Fo rm 7 except when an undivided interest is being registered; (

b) an opinion of title in Form 8; or (

c) a direction to revise a registration as a result of the death of a joint tenant pursuant to

Section 27 of the Act.

(6) A request to remove interests inherited on subdivision and certificate of legal effect in Form 45 must be used to remove interests that were inherited by an infant parcel on subdivision by virtue of subsection 23(2) of the Act but that, in an eligible lawyer’s opinion, do not apply to the infant parcel. Tenants in common 15

(1) If an authorized lawyer submits an application for registration of a tenant in common interest in an unregistered parcel that has not been registered pursuant to the Act, (

a) the unregistered parcel must be registered pur suant to the Act in the name of the tenant in common owner to the extent of their ownership; (

b) the outstanding tenant in common interests that have not been registered pursuant to the Act must be shown in the parcel register as tenant in common interests not registered pursuant to the Act; (

c) the certified parcel description is deemed to be the legal description of the parcel for all outstanding tenant in common interests that have not been registered pursuant to the Act; and (

d) the authorized lawyer is considered to have made no opinion or representation concerning the tenant in common interests that have not been registered pursuant to the Act that are shown in the parcel register.

(2) A tenant in common interest in a registered parcel that has not been registered pursuant to the Act must be registered by submitting a request to revise the registration and certificate of legal effect in Form 24 together with all the items referred to in subsection 37(4) of the Act and subsection 9(3).

(3) If a tenant in common interest in a registered parcel that has not been registered pursuant to the Act is transferred for no value as disclosed in the affidavit filed pursuant to the Municipal Government Act, the owner of the unregistered tenant in common interest must apply to have the parcel register updated using a request to transfer an unregistered tenant in common interest in a parcel in Form 50. Change of name 16

(1) An application pursuant to

Section 22 of the Act to change the name in which a parcel is registered must be in Form 21.

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(2) Form 21 must be accompanied by a copy of a certificate of change of name or amalgamation, or equivalent document, if the change of name is the result of the change of name or amalgamation of a corporation.

(3) Section 22 of the Act applies if the parcel or registration information is incorrect because of the misspelling of the name of a registered owner or interest holder in a deed or other document. Registration of possessory title 17

(1) Subject to subsections (2) to (4), title to a parcel based on an interest acquired by adverse possession or prescription will not be registered unless the interest holder submits an application that complies with

Section 37 of the Act and

Section 9.

(2) If an order of the court confirms that an interest in a registered parcel has been acquired by adverse possession or prescription as referred to in clause 74(2)(

a) of the Act, (

a) Section 41 of the Act and

Section 10 of these re gulations apply to the revision of the parcel’s registration with the necessary changes; and (

b) any plan of survey that is referred to in th e order must be recorded by the person seeking to register or record the order of the court.

(3) If the Crown is the registered owner of the registered interest in a parcel and an interest as described in

Section 74 of the Act has been acquired in a parcel and the Crown issues a release pursuant to

Section 37 of the Crown Lands Act, the release must be registered pursuant to the Registry Act and the parcel’s registration will not be revised until an application for registration is made pursuant to

Section 37 of the Act.

(4) For the purposes of subsection (2), an application for registration pursuant to

Section 37 of the Act must be effected by a request to revise the registration and certificate of legal effect in Form 24 and all of the other provisions of

Section 37 of the Act and

Section 9 apply with the necessary changes. Judgment information 18

(1) Section 5 and subsection 66(8) of the Act apply with any necessary changes for legal entities.

(2) For purposes of the preparation of judgments pursuant to subsections 67(1) and (4) and 68(2) of the Act, information that tends to distinguish a person from another person of the same or similar name includes a date of birth.

(3) For purposes of clause 5(2)(

a) of the Act (

a) surnames that begin with “Mc” are identical to surnames that begin with “Mac” and vice versa; (

b) surnames that include apostrophes, accents, spaces, or a mixture of upper and lower case letters are identical to names of the same spelling that do not include these features; (

c) despite a slight difference in spelling, the su rname of the judgment debtor is deemed to be identical to the surname of a registered owner as recorded in the parcel register if the distinguishing information on the judgment certificate is identical to the distinguishing information on the parcel register; and (

d) names of legal entities that include “the”, “a” or “an” are identical to names of the same spelling that do not include these words.

(4) A judgment creditor who holds a judgment that is recorded in the judgment roll may update the name or address of the judgment debtor in the judgment roll and, if applicable, the parcel register, by recording a request to update the name or address of a judgment debtor and affidavit in Form 21A.

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(5) An update of name or address pursuant to subsection (4) is effective from the date and time that the request was recorded.

(6) On the coming into force of the Act, statutory declarations respecting judgments must be recorded in the judgment roll.

(7) An affidavit recorded pursuant to subsection 68(3) of the Act must be recorded in the judgment roll and must have attached as exhibits (

a) a copy of the request for confirmation that was sent to the judgment creditor pursuant to subsection 68(1) of the Act; (

b) proof of delivery of the request for confirmation; and (

c) a copy of the response to any request for furt her information together with proof of delivery of the response. Removal of judgments recorded pursuant to the Registry Act 19 On the coming into force of the Act, a judgment recorded pursuant to the Registry Act before that date is deemed to be removed from the roll when any of the conditions of clauses 66(4)(

a) to (

d) of the Act are met. Cancellation of a recorded interest 20 If the recording of an interest is cancelled pursuant to clause 57(1)(

b) of the Act, the document that cancels the interest must be recorded in the parcel register or the names-based roll as required and must be accompanied by, or incorporate the information contained in, a request to cancel the recording of an interest in Form 27. Cancellation of associated documents 21 Documents recorded pursuant to subsection 62(3) of the Act to amend, assign, renew, postpone, partially terminate, terminate or otherwise affect a recorded interest may be removed from the register when the recorded interest is cancelled. Compliance with subsection 51(4) or 57(1)(

b) of the Act 22

(1) A security interest holder is deemed to be in compliance with subsection 51(4) of the Act if, at an owner’s request the security interest holder sends a release of the security interest to the owner for recording and the release is recorded by the owner using a request to cancel the recording of an interest in Form 27.

(2) A request to cancel the recording of an interest in Form 27 may be signed by the owner, and for that purpose the owner is deemed to be the agent of the interest holder. (3) Subsection 51(4) of the Act does not apply if the security interest is intended to remain in place to secure future advances.

(4) For a judgment recorded in the judgment roll or a parcel register, (

a) a full or partial release signed by the judg ment creditor pursuant to subsection 69(3) of the Act, and recorded using a request to record a full or partial release of judgment in Form 48; or (

b) a certificate of satisfaction or certificate of discharge from the court recorded using a request to cancel the recording of a judgment and certificate of satisfaction in Form 47, is deemed to be evidence of a request by the holder of the interest to cancel the recording of an interest pursuant to clause 57(1)(

b) of the Act and may be recorded by the debtor or debtor’s agent. Proof of service 23 The service of any document may be proved by an affidavit, which must state

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a) by whom the document was served; (

b) the day of the week and the date on which it was served; (

c) where it was served; and (

d) how service was effected, and a copy of any document served must be attached as an exhibit to the affidavit. Notice to cancel or amend an interest 24

(1) A notice to the registrar to cancel or amend the recording of a security interest pursuant to subsection 60(2) of the Act must be in Form 15 and must be accompanied by (

a) a statutory declaration that outlines the reasonable and probable grounds that were used as a basis for the demand to amend or cancel the recording of the security interest and provides proof that the demand was served on the security interest holder in accordance with the Act; and (

b) the fee for recording the notice.

(2) An owner who is requesting the cancellation of a recorded interest or judgment pursuant to subsection 63(4) of the Act must submit an affidavit of service of owner’s notice of cancellation of recorded interest or judgment in Form 12 to the registrar together with the fee for recording the notice.

(3) Upon being satisfied that subsection 63(4) of the Act has been complied with, the registrar must record a registrar’s cancellation of recorded interest or judgment in Form 33.

(4) After correcting the parcel register pursuant to subsection 60(2) or 63(4) of the Act, the registrar must remove the Form 15 or Forms 12 and 33 from the parcel register and record the Form 15 or Forms 12 and 33 together with any interest cancelled and any accompanying documents in an archive register. Notices 25

(1) Unless otherwise provided in the Act or these regulations, all notices required to be sent pursuant to the Act or these regulations must be sent by any means that affords proof of delivery.

(2) If an address is not known, the Registrar General may provide directions for substituted service of any notice pursuant to the Act or these regulations. Stop orders 26

(1) If the Registrar General orders that no further registrations or recordings be made with respect to a parcel in accordance with clause 56(1)(

d) of the Act, a copy of the order must be filed in the parcel register.

(2) If the Registrar General orders that no further registrations or recordings be made with respect to a party to a document, or a person attempting to register or record a document in accordance with clause 56(1)(

d) of the Act, a copy of the order must be filed in the judgment roll indexed under the name of each person with respect to whom the order was made.

(3) If the Registrar General orders that no further registrations or recordings be made with respect to documents presented by, prepared by, or certified by a named person in accordance with clause 56(2)(

c) of the Act, a copy of the order must be filed in the judgment roll indexed under the name of each person with respect to whom the order was made.

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(1) A land registration office is established in a registration district at the time the Act comes into force in that registration district.

(2) On the coming into force of the Act in a registration district, the land registration office will be combined with the registry of deeds established pursuant to the Registry Act for that registration district.

(3) The combined land registration office and registry of deeds for a registration district is the land registration office for that registration district. Office hours 28

(1) Each land registration office is open to the public between 8:30 am and 4:30 pm, Monday through Friday, except on holidays observed by the Province.

(2) Each land registration office must accept documents for registration or recording that are delivered to the land registration office in hard copy between 8:30 am and 4:00 pm, Monday through Friday, except on holidays observed by the Province.

(3) Each land registration office must accept documents submitted electronically 24 hours per day, 7 days per week, subject to system availability.

(4) Documents submitted electronically that require a registrar’s review or approval are processed during the hours the land registration office is open to the public.

Schedule A Land Registration Administration Regulations Forms Form 1 Request for PID Assignment Land Registration Administration Regulations subsection 5(4) Registration District: Registrant User Number: Submitter’s Name/Firm: Select One: 9 This parcel is not mapped. 9 This parcel is a portion of existing PID ___________. 9 This parcel is not mapped and is being subdivided by deed out of existing PID_____________ Assessment Account: ____________External File Number: ________________ Parcel Location: Civic #________Street Name:________________Lot #: ________ Community _________ Additional Location Information: __________________________________ Book and Page reference of latest conveyance of parcel (and legal description number if multiple parcels in

Schedule A) ____________________________ Is the request for Parcel Description Certification related to a mandatory migration of a parcel to the new land registration system? Yes 9 No 9 Note: You must attach a legible written legal description of the parcel together with a graphical representation of where the parcel is located in relation to surrounding parcels on the provincial map

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Part II - Regulations Vol. 27, No. 20 588 © NS Registry of Regulations. Web version. Additional Comments: __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ Statement of Applicant/Agent of Applicant 1. I have reviewed the mapping and have confirmed that the parcel described in the attached legal description has not been graphically represented on the provincial map. 2.

I have attached information that is intended to enable the property mapper to locate and graphically represent the parcel. DATED at _______________, in the County of ________________, Province of Nova Scotia, this ______ day of ______________, 20 _____. Land Registration Use Only: PID Assigned: Property Mapper: Date: Signature of Property Owner/Agent Name: Address: Phone: Email: Fax: Form 2 Parcel Description Certification Application Land Registration Act, S.N.S., 2001, c.6, clause 37(4)(

g) Land Registration Administration Regulations, clause 5(1)(a) [Electronic Application] [Registrant User Number is captured by the system] PID: _____________ Assessment Account: _________________ Registration District 1 :__________________ External File Number: _______________________ Parcel Location 2: Civic #________Street Name:________________Lot #: _________ Community _________ Book and Page reference of latest conveyance of parcel (and legal description number if multiple parcels in

Schedule A) _________ Application Type: [if PID has a certified legal description, field defaults to amending] Statement of Submitter I have reviewed the legal description included in this application and the provincial mapping graphics. The applicant parcel has confirmed that the graphics identified by the PID appear to match the legal description for the PID; or the applicant parcel owner is a mortgagee, receiver or trustee by way of foreclosure, assignment in bankruptcy or otherwise and I have confirmed that the graphics identified by the PID appear to match the legal description for the PID. The submission of this PDCA does not constitute a representation or expression of

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Part II - Regulations Vol. 27, No. 20 © NS Registry of Regulations. Web version. 589 opinion as to location, boundaries or extent of the parcel. Comments3: Legal Description: (Limited to 32K Characters - 8 pages of text): 1System generated from PID data. 2System generated from PID data. 3Submitter inserts comments to facilitate the certification process (explanation of discrepancies, etc) Form 3 Parcel Description Certification Application Land Registration Act, S.N.S., 2001, c.6, clause 37(4)(

g) Land Registration Administration Regulations clause 5(1)(b) [Paper Application] Registrant User Number: ___________________________ Registration District: ______________________________ Submitter’s Name/Firm: ___________________________ PID: _____________ Assessment Account: _________________ Parcel Location: Civic #________Street Name:_________Lot #: _____ Community: _________ Book and Page reference of latest conveyance of parcel (and legal description number if multiple parcels in

Schedule A) _________ Name and Address/Phone Number/Email of Current Owner(s): (Expand if additional owners) __________________________________________________________________________________________ __________________________________________________________________________________________ Name and Address/Phone Number /Email of Submitter: __________________________________________________________________________________________ __________________________________________________________________________________________ Application Type: (select one) 9 Amending (certified previously) 9 Existing (not certified previously) Legal Description: 9 A copy of the legal description of the parcel is contained in an electronic text file on the attached computer diskette.

Comments (Insert comments to facilitate the certification process - explain discrepancies, etc.): __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________

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Part II - Regulations Vol. 27, No. 20 590 © NS Registry of Regulations. Web version. Statement of Applicant's Agent I have reviewed the legal description included in this application and the provincial mapping graphics. The applicant parcel owner has confirmed that the graphics identified by the PID appear to match the legal description for the PID; or the applicant parcel owner is a mortgagee, receiver or trustee by way of foreclosure, assignment in bankruptcy or otherwise and I have confirmed that the graphics identified by the PID appear to match the legal description for the PID.

The submission of this PDCA does not constitute a representation or expression of opinion as to location, boundaries or extent of the parcel. DATED at ______________________in the County of ___________________, Province of Nova Scotia, this ________ day of ______________________, 20_______. Signature of Applicant/Agent Name: Address: Phone: Email: Fax: Form 4 Authorization to Submit Parcel Description Certification Application and/or Application for Registration Land Registration Act, S.N.S. 2001, c.6, subsection 37(1) and clause 37(4)(

g) Land Registration Administration Regulations subsections 5(2) and 9(3) Registrant User Number: ___________________________ Registration District: ______________________________ Submitter’s Name/Firm: ___________________________ IN THE MATTER OF Parcel Identification Number (PID) PID: PID: Expand box for additional PIDs AND IN THE MATTER OF the above-noted parcel(s): I AM (insert name of one of the current owners of the parcel)_________________, the owner of the parcel(

s) identified by the above-noted PID(

s) I HEREBY AUTHORIZE (insert name of lawyer or surveyor)______________________ (“my agent” herein) to perform such investigations and to submit such documents or forms as may be required in order to submit the parcel description certification application. I HEREBY AUTHORIZE (insert name of lawyer or surveyor)______________________ (“my agent” herein) to perform such investigations and to submit such documents or forms as may be required in order to submit an amending parcel description certification application.

I HEREBY AUTHORIZE (insert name of lawyer)______________________ (“my [agent]” herein) to perform such investigations and to submit such documents or forms as may be required in order to register title to the above-noted parcel(s). DATED at _________________________in the County of ___________________, Province of Nova Scotia,

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Part II - Regulations Vol. 27, No. 20 © NS Registry of Regulations. Web version. 591 this ____________ day of ______________________, 20_______. Signature of Owner/Agent Name: Address: Phone: Email: Fax: Form 5 Owner's Declaration Regarding Occupation of Parcel & Residency Status Land Registration Act, S.N.S. 2001, c.6, clause 37(4)(

h) and

Section 38 Land Registration Administration Regulations clause 9(3)(

a) Registrant User Number: ___________________________ Registration District: ______________________________ Submitter’s Name/Firm: ___________________________ IN THE MATTER OF Parcel Identification Number (PID) PID: PID: Expand box for additional PIDs AND IN THE MATTER OF the registration of the above-noted parcel(

s) pursuant to the Land Registration Act and Regulations: I/We/The corporation _____________________________________of _________________ in the County of______________, do(es) solemnly declare: 1. I am/We are/The corporation is the owner(

s) of the parcel identified as the above noted Parcel Identification Number (PID)s. -Or- 1. I am the personal representative, trustee or agent of the owner(

s) of the parcel identified as the above noted PID(

s) and [Select one] 9 have personal knowledge of the matters herein deposed to. 9 believe the information provided in this declarati on is true based on discussions I have had with the current/previous owner. 2. I am/we are/the corporation is submitting this declar ation in support of an Application for Registration pursuant to

Section 37 of the Land Registration Act; 3. To my/our/the corporation’s knowledge neither the whole nor a portion of the above noted PID is occupied without permission by a person other than me/us/the corporation. -Or- 3. To my/our/the corporation’s knowle dge the whole or a portion of the above noted PID is occupied without permission by a person other than me/us/the corporation as set out below: a. The occupation commenced on or about _______________________ b. The name and address of the person in occupation (if unknown state “unknown”)______________________________________________

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Part II - Regulations Vol. 27, No. 20 592 © NS Registry of Regulations. Web version. c. Other details relating to the occupation are as follows: ____________ -Or in the case of a mortgagee, receiver or trustee pursuant to subsection 9(9) of the Land Registration Administration Regulations- 3. As mortgagee, receiver or trustee by way of foreclosure, assignment in bankruptcy or otherwise, I have/we have/the corporation has no personal knowledge regarding occupancy of the parcel. 4.

I am/we are a permanent resident of the Pr ovince of Nova Scotia, as defined in the Land Registration Administration Regulations/The corporation is not a non-resident of the Province of Nova Scotia, as defined in the Land Registration Administration Regulations. -Or- 4. I am/we are a non-resident of the Provin ce of Nova Scotia, as defined in the Land Registration Administration Regulations//The corporation is a non-resident of the Province of Nova Scotia, as defined in the Land Registration Administration Regulations. 5.

That I make/we make/the corporation makes this sole mn declaration conscientiously believing the same to be true and knowing it to be of the same force and effect as if made under oath and by virtue of the Canada Evidence Act. SWORN TO at ______________, in the ) County of ______________________, ) Province of Nova Scotia, this ____ day ) Of ____________, 20___ before me, ) ) _____________________________________ ) A Commissioner of the Supreme Court of NS ) [Name of Deponent(

s) or person signing on behalf of a corporation] Prescribed Form Form 6 Application for Registration Land Registration Act, S.N.S.2001, c.6, subsection18(1) and subsection 37(4) Land Registration Administration Regulations clause 9(2)(a) [Electronic Application] [Registrant User Number is captured by the system] AFR Document/instrument number ( system generated)_____________________ Parcel Identification Number 4: PID: ____________________________ Certification Date and Time Type of AFR Pick from: Sale Trigger, Mortgage Trigger, Subdivision Trigger, Order Pursuant to Quieting Titles Act, Order Pursuant to Land Titles Clarification Act, New Condominium Corporation, Voluntary Parcel Access: Pick from: Public, Private, Right of Way Driveway, Right of Way Walkway, Navigable Waterway, No Access, Other (specify) Individual Owners5: Name6________________________________ Address ______________________________ Enabling Document Recording Particulars: Complete sub-screen fields Non-resident of Nova Scotia status (yes or no to disclosure statement)

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Web version. 593 Manner of Tenure: Pick from: NOT APPLICABLE or joint tenants, tenants in common, nothing specified, or description of variable interests Description of Tenure7 _____________________________________ Benefits/Appurtenances to the Registered Interests Name ___________________________ Mailing Address ______________________________ Enabling Document Recording Particulars: Complete sub-screen fields Burdens/Qualifications on the Registered Title Name ___________________________ Mailing Address ______________________________ Enabling Document Recording Particulars: Complete sub-screen fields Textual Description (for use other than with named individuals or enterprise interest holders) Tenants in Common not registered pursuant to the Land Registration Act Enabling Document Recording Particulars: Complete sub-screen fields Request to System to Import Property Online Owners8 Yes/No Recorded Interests: Name________________________ Address_______________________________________ Enabling Document Recording Particulars: Complete sub-screen fields Lawyer's Certification I certify that everything required pursuant to

Section 37 of the Land Registration Act and the Land Registration Administration Regulations is in my possession and will be filed with the registrar within ten business days after the submission of this application for registration (15 business days June 1 to September 30 inclusive).

I further certify that, subject to the qualification that appears below, everything in this application is true, correct and complete, and that title to the parcel is as shown on this application QUALIFICATION The names listed as Tenant in Common interest holders that are not registered pursuant to the Land Registration Act have been obtained from Property Online and have not been searched for completeness or accuracy. No representations or opinions are made with respect to these Tenants in Common.

The list of Tenants in Common not registered pursuant to the Land Registration Act cannot be relied upon as advice on the current state of title of those interests in the subject pa rcel. A search of the records at the appropriate Registry of Deeds office is required to determine the current owner(

s) of the Tenants in Common not registered pursuant to the Land Registration Act. _____________________________ Signature of Authorized Lawyer Name, address and phone number of lawyer 4The certified legal description for this PID will be incorporated by references to the PID on the AFR upon submission. 5Multiple instances are allowed 6The owner name will be placed in the parcel register as shown 7Mandatory if there is a mixture of manner of tenure 8Click button in system for ‘yes’.

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Prescribed Form Form 7 Application for Registration Land Registration Act, S.N.S.2001, c.6, subsection 18(1) and subsection 37(4) Land Registration Administration Regulations clause 9(2)(b) [Paper Application] Registrant User Number: Parcel Identification Number (PID): Certification Date and Time: Type of AFR (select one) 9 Sale Trigger 9 Mortgage Trigger 9 Subdivision Trigger 9 Order Pursuant to Quieting Titles Act 9 Order Pursuant to Land Titles Certification Act 9 New Condominium Corporation 9 Voluntary Conversion Individual Owners (list names and mailing addresses of all owners) Name_________________________________ Mailing Address___________________________________ __________________________________________________ Instrument type: _______________________ Recording Particulars of Enabling Document: Book and page: _______________________ Document Number and year: _____________________ Recording Date: ______________________________ Registration District: ___________________________ Interest type: (Choose One) 9 Fee Simple 9 Life Interest 9 Remainder Interest 9 Interest of Her Majesty Residency status (select one) 9 I am a permanent resident of Nova Scotia 9 I am a non-resident of Nova Scotia Manner of Tenure (select one): 9 Not Applicable (sole owner) 9 Joint tenants 9 Tenants in common 9 Nothing specified in conveyance document 9 Mixed tenure (Insert description of mixed tenure) _____________________________________ Benefits/Appurtenances to the Registered Interests Name_________________________________ Mailing Address__________________________ ______________________________________________ Instrument type: _______________________ Recording Particulars of Enabling Document: Book and page: _______________________ Document Number and year: _____________________ Recording Date: ______________________________ Registration District: ___________________________ Interest type: (Choose One): 9 Easement / Right of Way Holder (Benefit); 9 Party to Agreement (Benefit); 9 Covenant Holder (Benefit); 9 Licensee (Benefit).

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Web version. 595 Burdens/Qualifications on the Registered Title Name_________________________________ Mailing Address__________________________ ______________________________________ ______________________________________ Instrument type: _______________________ Recording Particulars of Enabling Document: Book and page: _______________________ Document Number and year: _____________________ Recording Date: ______________________________ Registration District: ___________________________ Interest type: (Choose One): 9 Easement / Right of Way Holder (Burden); 9 Party to Agreement (Burden); 9 Covenant Holder (Burden); 9 Licensee (Burden).

Textual Description (for use other than with named individuals or enterprise interest holders): Tenants in Common owners not registered pursuant to the Land Registration Act Name_________________________________ Instrument type: _______________________ Recording Particulars of Enabling Document: Book and page: _______________________ Document Number and year: _____________________ Recording Date: ______________________________ Registration District: ___________________________ Interest type: Unregistered Owner (Tenant in Common) Note: Tenants in common owners not registered pursuant to the Land Registration Act can be taken from Property Online.

If there is more than one tenant in common owner in this category, attach a list of tenant in common owners not registered pursuant to the LRA including the above particulars for each tenant in common owner that is not registered.

Recorded Interests (list the names and addresses of all recorded interests): Name_________________________________ Mailing Address__________________________ ______________________________________ ______________________________________ Instrument type: _______________________ Recording Particulars of Enabling Document: Book and page: _______________________ Document Number and year: _____________________ Recording Date: ______________________________ Registration District: ___________________________ Interest type: (Choose One): 9 Assignee 9 Attorney 9 Claimant 9 Condominium Interest Holder 9 Debenture Holder 9 Deponent 9 Easement Security Interest 9 Judgment Creditor 9 Lessee

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Part II - Regulations Vol. 27, No. 20 596 © NS Registry of Regulations. Web version. 9 Licensee 9 Mortgagee 9 Party to Agreement 9 Tax Sale Recipient Lawyer's Certification I certify that everything required pursuant to

Section 37 of the Land Registration Act and the Land Registration Administration Regulations is in my possession and will be filed with the registrar within ten business days after the submission of this application for registration (15 business days June to September inclusive).

I further certify that, subject to the qualification that appears below, everything in this application is true, correct and complete, and that title to the parcel is as shown on this application QUALIFICATION The names listed as Tenant in Common interest holders that are not registered pursuant to the Land Registration Act have been obtained from Property Online and have not been searched for completeness or accuracy. No representations or opinions are made with respect to these Tenants in Common.

The list of Tenants in Common not registered pursuant to the Land Registration Act cannot be relied upon as advice on the current state of title of those interests in the subj ect parcel. A search of the records at the appropriate Registry of Deeds office is required to determine the current owner(

s) of the Tenants in Common not registered pursuant to the Land Registration Act. __________________________________ Signature of Authorized Lawyer Name: __________________________ Address: __________________________ Phone: __________________________ E-mail : __________________________ Prescribed Form Form 8 Opinion of Title and Affidavit of Verification Land Registration Act, S.N.S. 2001, c.6, clause 37(4)(

b) Registrant User Number: ___________________________ Registration District: ______________________________ Submitter’s Name/Firm: ___________________________ IN THE MATTER OF Parcel Identification Number (PID) PID: PID: Expand box for additional PIDs [Note: In order to list multiple PIDs, the abstract must apply equally to all the PIDs] I, (name of solicitor), hereby certify that: 1. The above-noted PID(

s) represent the parcel(

s) that are included in this Opinion of Title. 2. The information contained in the attached Abstract of Title and Application for Registration is a true and correct

summary of the title information disclosed by the records on file in the office of the Registrar of Deeds for the county where the parcel lies. 3. This opinion is subject to the accuracy of the indices at the office of the Registrar of Deeds. 4. The attached Abstract of Title shows a chain of ownership of the parcel to the standard required to demonstrate a marketable title pursuant to (check one): 9 The Marketable Titles Act 9 The Limitation of Actions Act 9 The common law

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s) of the registrable interest described. [ Provide information for all PIDs referenced in the abstract and included in Opinion of Title and for all interest owners.] Name of owner _____________________________________ Type of registrable interest (select one) 9 Fee simple estate 9 Remainder interest 9 Life estate 9 Interest of Her Majesty 6. The following describes the benefits or appurtenances that attach to the parcel (describe benefits or appurtenances that are an incident to the registered interest, e.g. easements): _____________________________________________________________________. 7.

The following describes the burdens or qualifica tions that attach to the registered interest (describe burdens or qualifications that are an incident to the registered interest, e.g. restrictive covenants):______________________________________________________ 8. The following are tenants in common th at are not registered pursuant to the Land Registration Act, as taken from Property Online (list names of tenant in common owners as shown in Property Online): _______________________________________________ 9.

The following are the recorded interests in the parcel (describe all recorded interests held by others in the parcel, such as mortgages):____________________________________ 10. There are no other encumbrances affecting the title to the land disclosed by the records on file in the office of the Registrar of Deeds for the county where the parcel lies except those specified herein. 11.

The right of access to the parcel is as follows ( select one): 9 Public Road 9 Private Road 9 Right of Way; Driveway 9 Right of Way; Walkway 9 Navigable Waterway 9 No Access 9 Other (specify): _________________________________________________ 12. The Abstract of Title has been prepared in accordan ce with the standards for the practice of real property law, recommended by the Nova Scotia Barristers’ Society. 13.

Part IX of the Municipal Government Act (select one only) 9 Has been complied with and the plan approving the subdivision is registered as plan number ________ 9 Does not apply with respect to the parcels referenced for the following reasons (state reason) ____________________________________________ 14. A title insurance policy ( select one) 9 Was not issued with respect to this parcel. 9 Was issued with respect to this parcel for the following purpose (provide details): ___________________________________________________________ 15. Unless noted above, this opini on is subject to the following: (

i) Rights in respect of the lands, which may have been acquired by adverse possession or prescription; and (ii) The overriding interests s tipulated in

Section 73 of the Land Registration Act. 16. No opinion is expressed as to (

i) The actual boundaries of the lands, the location of any buildings or structures in relation to the actual boundaries of the lands, or the size of the lands; (ii) The validity, enforceability of, or compliance wit h, restrictive covenants if mentioned in paragraph 7; or (iii) The validity or effect of the r ecorded interests listed in paragraph 9. CERTIFIED this _____day of ___________, 20_____, at ________________in the County of ____________, Province of Nova Scotia. Signature of Authorized Lawyer Name:

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Part II - Regulations Vol. 27, No. 20 598 © NS Registry of Regulations. Web version. Address: Phone: Email: Fax: Prescribed Form AFFIDAVIT OF VERIFICATION Land Registration Act, S.N.S. 2001, c.6, clause 37(4)(

b) I, _______________, of ____________________, in the County of ____________, Province of Nova Scotia, make oath and say as follows: 1. I am an eligible lawyer as certified by the Nova Scotia Barristers’ Society. 2. I confirm that the Opinion of Title filed in s upport of the Application for Registration of PID _______is based upon the attached abstract of title as required by subsection 37(9) of the Land Registration Act.

SWORN TO at ______________, in the ) County of ______________________, ) Province of Nova Scotia, this ____ day ) Of ____________, 20___ before me, ) _________________________________ ) _____________________________ A Commissioner of the Supreme Court ) [I nsert Name of Authorized Lawyer] of Nova Scotia) Form 9 Certificate of Legal Effect For Use When Adding an Appurtenance or Easement Benefit Land Registration Administration Regulations subsection 7(3) Registrant User Number: ___________________________ Registration District: ______________________________ Submitter’s Name/Firm: ___________________________ IN THE MATTER OF Parcel Identification Numbers (PIDs) DOMINANT TENEMENT PID: SERVIENT TENEMENT PID: Expand box for additional PIDs AND IN THE MATTER OF current Registered Owner(

s) of dominant tenement PID(s): ______________________________________________________________________________ TAKE NOTICE THAT the registered owner of the dominant tenement PID(

s) hereby requests the addition of a benefit of a servitude relating to the above noted parcel(

s) as set out below. I HEREBY CERTIFY THAT: 1) The interest conveyed in the attached ( indicated nature or type of document) _____________ encumbers lands that are registered pursuant to the Act. -Or- 1) The interest conveyed in the attached ( indicated nature or type of document) _____________ encumbers lands that are not registered pursuant to the Act, and the documentation required pursuant to clause 7(3)(

b) of the Land Registration Administration Regulations accompanies this Form. The owner of the servient

N.S. Reg. 171/2003 Royal Gazette

Part II - Regulations Vol. 27, No. 20 © NS Registry of Regulations. Web version. 599 unregistered parcel has good title to the lands that are subject to the servitude. 2) By virtue of the attached document, the following appurtenance(s) (benefit(

s) to the parcel) is/are to be added to the parcel's registration: (Repeat table for each appurtenance being added) Instrument Type/Code Expiry Date (if applicable) Interest Holder and Type to be Added (if applicable) Note: include qualifier (e.g. Estate of, Executor, Trustee, Personal Representative) if applicable Access Type to be Removed (if applicable) Access Type to be Added (if applicable) Reference to Related Instrument in Names-Based Roll/Parcel Register (if applicable) 3) It is appropriate to revise the register to add the interest as stated herein.

DATED at __________________, in the County of ___________, Province of Nova Scotia, this _______________ day of ___________________, 20 ______. Signature of Eligible Lawyer Name: Address: Phone: Email: Fax: 9 This document also affects non-land registration parcels. A certified true copy for registration in the Registry of Deeds is attached.

Prescribed Form Form 10 Notice of Crystallization of Debenture Land Registration Act, S.N.S. 2001, c.6, subsection 53(3) [Instrument Type: 809] Registrant User Number: ___________________________ Registration District: ______________________________ Submitter’s Name/Firm: ___________________________ IN THE MATTER OF

Section [subsection] 53(3) of the Land Registration Act IN THE MATTER OF (insert name and mailing address of Lender/Receiver) IN THE MATTER OF the debenture dated _____________________and identified as (insert document #/year and book/page if applicable) ________________ in the records of the Land Registration Office. IN THE MATTER OF Parcel Identification Number (PID) PID: PID:

N.S. Reg. 171/2003 Royal Gazette

Part II - Regulations Vol. 27, No. 20 600 © NS Registry of Regulations. Web version. Expand box for additional PIDs NOTICE IS HEREBY GIVEN THAT the floating charge contained in the specified debenture has been crystallized. DATED at _________________________in the County of ___________________, Province of Nova Scotia, this ________ day of ______________________, 20_______. Authorized Signature of Lender/Receiver Name: Address: Phone: Email: Fax: 9 This document also affects non-land registration par cels. A certified true copy for registration in the Registry of Deeds is attached.

Prescribed Form Form 11 Owner’s Notice Requiring Cancellation of Recorded Interest or Judgment Land Registration Act, S.N.S. 2001, c.6, subsection 63(1) Registrant User Number: ___________________________ Registration District: ______________________________ Submitter’s Name/Firm: ___________________________ TO the Holder of the Interest or Judgment AND TO, where the interest is a servitude, the owner of every parcel identified in the recorded document as land to which benefit of the servitude is annexed.

IN THE MATTER OF Parcel Identification Number (PID) PID: PID: Expand box for additional PIDs AND IN THE MATTER OF Registered Owner: ________________________ AND IN THE MATTER OF the interest or judgment described as ________________ and set out in (insert Document/instrument number/year and book/page if applicable) ______________________ . TAKE NOTICE THAT I am the registered Owner/Agent of the above noted parcel(s). AND FURTHER TAKE NOTICE THAT I am requesting the cancellation of the above noted interest or judgment.

AND FURTHER TAKE NOTICE THAT attached hereto is an affidavit setting out the reasons for this request to cancel the interest described above. AND FURTHER TAKE NOTICE THAT if you wish to substantiate this interest or judgment, you are required to commence proceedings in the Supreme Court of Nova Scotia within 60 days from the date of

N.S. Reg. 171/2003 Royal Gazette

Part II - Regulations Vol. 27, No. 20 © NS Registry of Regulations. Web version. 601 service of this notice. DATED at _________________________in the County of ___________________, Province of Nova Scotia, this__________ day of _____________________, 20_______. Signature of Registered Owner/Agent Name: Address: Phone: Email: Fax: AFFIDAVIT I, __________________, of __________________________, in the County of _____________, Nova Scotia, make oath and say as follows: 1.

I am registered Owner/Agent of the parcel known as PID ______________ and as such have personal knowledge of the matters herein deposed to unless otherwise stated. 2.

The interest described as ______________________in the parcel register for the above noted PID is invalid with respect to the parcel for the following reasons: (state reasons) SWORN TO at ______________, in the ) County of ______________________, ) Province of Nova Scotia, this ____ day ) Of ____________, 20___ before me, ) ) _____________________________ ) A Commissioner of the Supreme ) [Name of Deponent] Court of Nova Scotia ) Form 12 Affidavit of Service of Owner’s Notice of Cancellation of Recorded Interest or Judgment Land Registration Act, S.N.S. 2001, c.6, subsection 63(4) Land Registration Administration Regulations subsection 24(2) [Instrument type: 821] IN THE MATTER OF

Section [subsection] 63(4) of the Land Registration Act IN THE MATTER OF Parcel Identification Number (PID) PID: PID: Expand box for additional PIDs AND IN THE MATTER OF Registered Owner: ________________________ AND IN THE MATTER OF the interest or judgment described as _____________________ and set out in

N.S. Reg. 171/2003 Royal Gazette

Part II - Regulations Vol. 27, No. 20 602 © NS Registry of Regulations. Web version. _____________(Document/instrument number/year). AFFIDAVIT OF SERVICE I, __________________, of __________________________, in the County of _____________, Nova Scotia, make oath and say as follows: 1. I am the registered Owner/Agent of the above noted parcel and as such have personal knowledge of the matters herein deposed to unless otherwise stated. 2.

On the _______day of _____________, 20___, I caused a noti ce requiring cancellation of recorded interest or judgment to be sent to the holder of the following recorded interest (insert Document/instrument number/year and book/page if applicable):_____________ ______________________________ . 3. The notice was sent by registered mail to the following address: (insert address) ______________________________________________________________. 4.

A true copy of the Owner’s Notice Requiring Cancellation of Recorded Interest or Judgment is annexed hereto as Exhibit “A” and proof of registered mail delivery is annexed hereto as Exhibit “B”; 5. Sixty days have expired after the serving of the Notice [ subsection 63(4)]; 6. I have not received a certificate of lis pendens in relation to this matter; 7. I ask that the registrar cancel the recording detailed in paragraph 2.

SWORN TO at ______________, in the ) County of ______________________, ) Province of Nova Scotia, this ____ day ) of ____________, 20___ before me, ) ) _____________________________ ) ________________________________ A Commissioner of the Supreme ) [Name of Registered Owner/Agent] Court of Nova Scotia ) Form 13 Certificate Evidencing Lien (and other charges) Land Registration Act, S.N.S. 2001, c.6, Sections 96-124 [Instrument Type: 810] Registrant User Number: ___________________________ Registration District: ______________________________ Submitter’s Name/Firm: ___________________________ IN THE MATTER OF Parcel Identification Number PID: PID: Expand box for additional PIDs AND IN THE MATTER OF Registered Owner: _______________________ TAKE NOTICE THAT a lien, order, claim, certificate, assessment, or designation (as applicable) is filed in the parcel register of the above noted PIDs pursuant to the following Act (select one):

N.S. Reg. 171/2003 Royal Gazette

Part II - Regulations Vol. 27, No. 20 © NS Registry of Regulations.

Web version. 603 9 Agriculture Marshlands Conservation Act (designation) 9 Agriculture and Marketing Act (lien) 9 Cemeteries Protection Act (order) 9 Condominium Act (lien) 9 Environment Act (lien) 9 Escheats Act (order) 9 Expropriation Act (order) 9 Fire Prevention Act (lien) 9 Fisheries and Coastal Resources Act (lien) 9 Gypsum Mining Income Tax Act (claim) 9 Metalliferous Mines and Quarries Regulation Act (lien) 9 Mineral Resources Act (lien) 9 Municipal Government Act (lien) 9 Pension Benefits Act (lien) (optional recording in parcel register) 9 Public Trustees Act (certificate) 9 Revenue Act (lien) 9 Workers Compensation Act (assessment) (optional recording) AND FURTHER TAKE NOTICE THAT this document is filed by the undersigned on behalf of (insert name of Government Department) ____________________ in relation to file number (insert Department or File Reference Number) __________________.

DATED at ______________________ in the County of ___________________, Province of Nova Scotia, this ________ day of ______________________, 20_______.

Signature of Agent/Authorized Person Name: Address: Phone: Email: Fax: Form 14 Release of Lien (and other discharges) Land Registration Act, S.N.S. 2001, c.6, Sections 96-124 [Instrument Type: 819] Registrant User Number: ___________________________ Registration District: ______________________________ Submitter’s Name/Firm: ___________________________ IN THE MATTER OF Parcel Identification Number PID: PID: Expand box for additional PIDs AND IN THE MATTER OF Registered Owner: _______________________ TAKE NOTICE THAT a release, withdrawal or discharge of a lien, order, claim, certificate, assessment, or designation (as applicable) is filed in the Parcel Register pursuant to the following Act (select one): 9 Agriculture Marshlands Conservation Act (designa

Document details

Collection	Nova Scotia — Gazette
Citation	N.S. Reg. 163/2003
Date	2003-01-01
Type	gazette
Volume / chapter	just regulations rg2 2003 oc1703
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	2702fc2ed9ec7f8f46a8a6adcf523f0c22321095

Source file is stored in the law ingest library (pdf).