This consolidation is unofficial and is for reference only.

For the official version of the regulations, consult the original documents on file with the Registry of Regulations , or refer to the Royal Gazette

Part II .

Regulations are amended frequently.

Please check the list of Regulations by Act to see if there are any recent amendments to these regulations filed with our office that are not yet included in this consolidation.

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Land Registration General Regulations

made under

Section 93 and subsection 128(2) of the

Land Registration Act

S.N.S 2001, c. 6

O.I.C. 2012-41 (February 21, 2012), N.S. Reg. 45/2012

as amended to O.I.C. 2015-154 (May 28, 2015), N.S. Reg. 226/2015

Citation

1 These regulations may be cited as the Land Registration General Regulations.

Definitions

2 In these regulations,

“Act” means the Land Registration Act ;

“designated county” means a county designated in

Section 3 for the purposes of

subsection 128(2) of the Act, which provides that Sections 2 to 64 and 70 to 95 of

the Act apply only to a designated county;

“fee” means a fee prescribed in

Section 12 for a service under the Act or the Land

Registration Administration Regulations under the Act;

“half-day” means a consecutive 4-hour period between 8:30 a.m. and 4:30 p.m.;

“land registration officer” means a deputy registrar or an additional employee

appointed under subsection 9(1) of the Act to perform duties at a land registration

office.

Designation of counties

3 Each county in the Province is a designated county.

Establishment of registration districts

4 Each county in the Province is a registration district.

Registration regions

4A For the purposes of land registration office locations in

Section 5, registration regions

made up of registration districts are established as set out in the following table:

Registration Region

Registration Districts

North

Cumberland, Antigonish, Pictou and Colchester

South

Yarmouth, Queens, Shelburne, and Lunenburg

East

Cape Breton, Victoria, Richmond, Guysborough and Inverness

West

Digby, Annapolis, Kings and Hants

Central

Halifax

Section 4A added: O.I.C. 2015-154, N.S. Reg. 226/2015.

Location of land registration offices

(1) A land registration office must be located in each registration region.

(2) A registration region may have more than 1 land registration office located in the

region.

Section 5 replaced: O.I.C. 2015-154, N.S. Reg. 226/2015.

Qualified lawyers performing duties and exercising powers of registrar

(1) Qualified lawyers are prescribed as a class of persons who, subject to subsection (2),

may perform the duties and exercise the powers of a registrar to create a parcel

register and register a parcel.

(2) A qualified lawyer may perform the duties and exercise the powers set out in

subsection (1) if

(

a) there is a valid agreement between the Nova Scotia Barristers' Society and the

Minister under subsection 94(3) of the Act regarding the role of qualified

lawyers in the land registration system; and

(

b) the qualified lawyer

(

i) maintains a level of liability insurance at least equal to the level required

by the Nova Scotia Barristers’ Society,

(ii) complies with any education requirements of the Nova Scotia Barristers’

Society relating to the land registration system, and

(iii) is an authorized lawyer, as defined in the Land Registration

Administration Regulations .

Land registration officers performing duties and exercising powers of registrar

7 Land registration officers are prescribed as a class of persons who may perform the duties

and exercise the powers of a registrar imposed or conferred under the Act or the

regulations.

Fee payment

8 A fee must be paid at the time of service, which for document registration or recording is

the time the document is submitted.

Combined documents

9 For the purpose of calculating fees, if documents are combined or attached together, or if

several instrument types are combined together in 1 document, each document or

instrument type is considered to be a separate document, unless the document is attached

as an exhibit or

schedule or is not recordable as a separate document.

Document affecting multiple security interests or liens

10 For the purpose of calculating fees, if a document affects more than 1 security interest or

lien, the document is considered to be a separate document for each security interest or lien

affected.

Double-sided printing

11 For the purpose of calculating fees, a page of a document that has printing on both sides is

considered to be 2 separate pages.

Fees

12 Except as provided in

Section 13, the fees for services that are provided under the Act and

its regulations are as follows:

(

a) to register or record a document, other than a document

under the Condominium Act , by any means,

per document ........................................................................................ $100.00

Clause 12(

a) replaced: O.I.C. 2013-105, N.S. Reg. 118/2013.

(

b) for documents under the Condominium Act that are registered or recorded

under the Act, the fees set out in

Schedule “B” to the Condominium

Regulations made under the Condominium Act

Clause 12(

b) replaced: O.I.C. 2015-96, N.S. Reg. 115/2015.

(

c) for supplying a certified copy of a document that was

registered or recorded under the Act per certification .............................. $13.35

plus the fee per page prescribed in clauses (

e) and (

f) Clause 12(

c) replaced: O.I.C. 2015-96, N.S. Reg. 115/2015.

(

d) to search any records at a land registration office,

per person, per half-day or any partial half-day ......................................... $6.60

Clause 12(

d) replaced: O.I.C. 2015-96, N.S. Reg. 115/2015.

(

e) for supplying a copy of a document or part of a document

that was registered or recorded under the Act, or an extract

from electronic data or images, that is reproduced by a

photocopier or printer and is 11 x 17 in. (27.94 x 43.81 cm)

or smaller, per page .................................................................................. $1.25

Clause 12(

e) replaced: O.I.C. 2015-96, N.S. Reg. 115/2015.

(

f) for supplying a copy of a document or part of a document that was registered

or recorded under the Act, or an extract from electronic data or images, that is

reproduced by a photocopier or printer and is

(

i) larger than 11 x 17 in. (27.94 x 43.81 cm) but no larger

than 24 x 36 in. (60.96 x 76.2 cm), per page .................................... $9.30

(ii) larger than 24 x 36 in. (60.96 x 76.2 cm) but no larger

than 36 x 42 in. (76.2 x 106.68 cm), per page ................................ $13.40

(iii) larger than 36 x 42 in. (76.2 x 106.68 cm), per metre ....................... $9.30

Clause 12(

f) replaced: O.I.C. 2015-96, N.S. Reg. 115/2015.

(

g) for a fee payment returned to the land registration office

because of insufficient funds ................................................................... $16.70

plus, if the fee payment remains outstanding 30 days after notice

has been provided by a registrar, an additional ........................................ $16.70

Clause 12(

g) replaced: O.I.C. 2015-96, N.S. Reg. 115/2015.

Fee exemptions

13 There is no fee

(

a) to submit, register or record any of the following:

(

i) a document for which a fee has already been paid to file enter or register

under the Registry Act ,

(ii) a duplicate or certified copy of a document which has been previously

recorded or registered under the Act,

(iii) a boundary survey plan, other than a subdivision plan, certified by a

Nova Scotia Land Surveyor,

(iv) a subdivision plan that is exempt from requiring subdivision approval

under the Municipal Government Act or that was approved before

August 6, 1984,

(

v) a statutory declaration solely clarifying the identity of the deponent in

relation to a judgment debtor who has a similar name, unless filed with a

Form 48A,

(vi) a form prescribed under the Land Registration Administration

Regulations , other than a Form 6, 10, 16, 19, 20, 46, 47 or 48,

Subclause 13(a)(vi) replaced: O.I.C. 2013-105, N.S. Reg. 118/2013.

(vii) a judgment for the amount ordered to be paid under a restitution order

made under Sections 732.1, 738, 739 or 742.3 of the Criminal Code

(Canada) to a victim, as defined in the Victims’ Rights and Services Act ;

(

b) for a service that is required as a result of a registrar's or land registration

officer's error.