This consolidation is unofficial and is for reference only.

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

Part II .

Regulations are amended frequently.

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

Although every effort has been made to ensure the accuracy of this electronic version, the Office of the Registrar of Regulations assumes no responsibility for any discrepancies that may have resulted from reformatting.

This electronic version is copyright ©

, Province of Nova Scotia , all rights reserved. It is for your personal use and may not be copied for the purposes of resale in this or any other form.

Small Claims Court Forms and Procedures Regulations

made under

Section 33 of the

Small Claims Court Act

R.S.N.S. 1989, c. 430

O.I.C. 93-110 (effective January 30, 1993), N.S. Reg. 17/93

amended to O.I.C. 2019-204 (effective September 3, 2019), N.S. Reg. 114/2019

1 A Notice of Claim shall be in Form 1.

2 Except where the fee is waived in accordance with

Section 2A, the fee for filing a

Notice of Claim shall be

(a) $99.70 where the claim is in an amount less than $5000.00;

(b) $199.35 where the claim is in an amount not less than $5000.00 and not

more than $25 000.00; or

(c) $99.70 where the claim is for the recovery of personal property only.

2A

(1) The clerk of the court must waive the fee for filing a notice of claim if a

claimant meets the financial eligibility criteria set out in subsection (2) and

completes and files with the clerk an application in Form 14 together with 1 of

the following:

(

a) proof of the claimant’s income in the form of

(

i) a current pay or income assistance or benefit stub, or

(ii) a copy of the claimant’s most recent income tax return or most

recent notice of assessment;

(

b) if the claimant [is] not receiving any income, a letter signed by their

medical doctor, priest or other official confirming that the claimant is

not receiving any income and is not surviving from any savings.

(2) A claimant meets the financial eligibility criteria for waiving the fee under

subsection (1) for filing a notice of claim if the claimant’s monthly income is

less than or equal to the amount that corresponds to the number of dependants

they have, as set out in the following table:

Maximum Monthly Income per Number of Dependants

One adult

$1067.00

Two adults

$1424.00

and 1 child

$1416.00

and 1 child

$1708.00

and 2 children

$1700.00

and 2 children

$1932.00

and 3 children

$1924.00

and 3 children

$2156.00

and 4 children

$2148.00

and 4 children

$2380.00

and 5 children

$2372.00

and 5 children

$2604.00

(3) If a claimant’s filing fee is waived under subsection (1), all of the following

items and services must be made available to the claimant free of charge:

(a)a maximum of 25 photocopies;

(

b) a maximum of 3 court searches;

(

c) the administration of oaths for an affidavit of service relating to the

claim.

(1) The time for serving the Notice of Claim and a form for a

Defence/Counterclaim on the defendant shall be within 20 days from the date

on which the claim is filed or within any additional time the clerk or adjudicator

may allow.

(2) The claimant shall serve the Notice of Claim and a form for a

Defence/Counterclaim at the time of service.

(3) Service of a Notice of Claim and a form for a Defence/Counterclaim shall be by

personal service or such other manner of service as directed by the Court.

(1) A Defence shall be in Form 2, Part A.

(1A) A Counterclaim shall be in Form 2, Part B.

(2) Except where the fee is waived in accordance with

Section 2A, the fee for filing

a Counterclaim shall be $66.00.

(1) The time for filing a Defence/Counterclaim and serving it on the claimant shall

be within 20 days from the date on which the defendant was served or within

any additional time the clerk or adjudicator may allow.

(2) Service of a Defence or Counterclaim shall be by registered mail or such other

manner of service as directed by the Court.

6 A claim may be brought or defended in the name under which the business or

partnership carries on its business or the name of one or more persons believed to own

or carry on the business.

7 A person under a legal disability may commence or defend a claim by a representative.

8 A subpoena shall be in Form 3.

(1) A subpoena issued by the clerk must be served personally on the witness or by

another manner of service as directed by the Court.

(2) No person is bound to appear or give evidence pursuant to a subpoena unless

the person is paid or tendered witness fees in the amount of $5.00 plus $0.20 per

kilometre one way from the place of residence of the person to the place of the

hearing not less than four days before the date set for the hearing.

(1) A party to a proceeding commenced in the Supreme Court in which the trial has

not begun or judgment has not been entered who elects to have the proceeding

adjudicated in the Small Claims Court pursuant to subsection 19(2) or (3) of the

Act, may do so by paying a transfer fee of $99.70 and serving a Notice in Form

4 on the prothonotary, the plaintiff and any other party to the proceeding.

(2) The prothonotary, upon receiving a Notice referred to in subsection (1), shall, if

the matter is within the jurisdiction of the Small Claims Court, transfer the file

to the clerk of the Small Claims Court who shall affix an identifying number to

the file and provide the parties with Form 5, Notice of Adjudication in the Small

Claims Court of Nova Scotia, notifying the parties of the date, time and place of

the hearing.

11 Where a judge elects to transfer a proceeding commenced in the Supreme Court to an

adjudicator pursuant to subsection 19(4) of the Act, the prothonotary shall transfer the

file to the clerk of the Small Claims Court who shall affix an identifying number to the

file and provide the parties with Form 5, Notice of Adjudication in the Small Claims

Court of Nova Scotia, notifying the parties of the date, time and place of the hearing.

12 Service of a Notice of Adjudication by a court clerk pursuant to

Section 11 or any other

document served by a court clerk shall be by registered mail or such other manner of

service as directed by the Court.

13 The following fees apply in Small Claims Court

(

a) for copies of any document, per page ............................................. $ 0.65

(

b) certifying any document on file not including copy

charge (no charge for 1 certified copy requested at

time of filing document) ............................................................... $13.26

(

c) searching a file except bulk rate searches (free to

parties to the action or their solicitors) ............................................ $6.61

(

d) searching a file where an agreement has been

entered into with the Department of Justice for

bulk rate search fees ..................................................................... $ 0.65

14 An Application for Quick Judgment shall be in Form 6.

(1) The adjudicator may award the following costs to the successful party:

(

a) filing fee;

(

b) transfer fee;

(

c) fees incurred in serving the claim or defence/counterclaim;

(

d) witness fees;

(

e) costs incurred prior to a transfer to the Small Claims Court pursuant to

Section 10;

(

f) reasonable travel expenses where the successful party resides or carries

on business outside the county in which the hearing is held;

(

g) additional out of pocket expenses approved by the adjudicator.

(2) No agent or barrister fees of any kind shall be awarded to either party.

16 An adjudicator may award prejudgment interest at a rate of four percent per annum in

the same circumstances in which prejudgment interest may be awarded by the Supreme

Court.

17 An order made by an adjudicator shall be in Form 7(a), (

b) or (c).

(1) The fee payable to the sheriff for an Execution Order shall be $99.70, including

kilometrage, together with any commission or hourly fee for selling or

appraising inventory or goods as set out in

Schedule “B” of the regulations

respecting fees and allowances made under the Costs and Fees Act .

(2) The fee payable to the sheriff for a Recovery Order shall be the fee as set out in

Schedule “B” of the regulations respecting fees and allowances made under the

Costs and Fees Act, but shall not in any case exceed $199.35.

(3) The fee payable to the sheriff for an order for the sheriff to deliver possession of

property pursuant to

Section 3 of the Small Claims Court Residential Tenancies

Appeal Regulations made under the Small Claims Court Act shall be the fee as

set out in

Schedule “B” of the regulations respecting fees and allowances made

under the Costs and Fees Act , but shall not in any case exceed $199.35.

19 An Execution Order shall be in Form 11.

20 A Recovery Order shall be in Form 12.

21 A Certificate of Judgment shall be in Form 8.

(1) A Notice of Appeal shall be in Form 9.

(2) An appeal shall be commenced by the appellant

(

a) filing 2 copies of the Notice of Appeal with the prothonotary; and

(

b) serving 1 copy of the Notice of Appeal on the respondent

not later than 30 days after the adjudicator’s order or determination is filed.

(3) Service of the Notice of Appeal on the respondent shall be by personal service

or registered mail.

(4) The appellant shall file proof of service of the Notice of Appeal on the

respondent with the prothonotary not later than 7 days after the last day for

service of the Notice of Appeal.

(5) Proof of service may consist of a letter certifying the fact of service and the

mode of service, and where service is by registered mail, the appellant shall file

the Canada Post registration receipt with the prothonotary.

(6) Where a Notice of Appeal is filed, the prothonotary shall send 1 copy to the

adjudicator who shall within 30 days complete a

Summary Report in Form 10

and send 4 copies to the prothonotary.

(7) Where the prothonotary has received 4 copies of a

Summary Report from the

adjudicator, the prothonotary shall immediately

(

a) send 1 copy to the appellant;

(

b) send 1 copy to the respondent by Canada Post Corporation Priority

Courier;

(

c) advise the Supreme Court that the appeal is ready for hearing; and

(

d) set a date for the appeal to be heard and advise the parties of that date by

Canada Post Corporation Priority Courier.

(8) A judge may direct what additional material may be filed and may request a

restatement of the case from an adjudicator.

(9) When both parties to an appeal submit briefs, the Court may dispense with oral

argument.

(10) An appellant’s brief shall be submitted at least 4 clear days prior to the date set

for the appeal to be heard.

(11) A respondent’s brief shall be submitted at least 2 clear days prior to the date set

for the appeal to be heard.

(12) Noncompliance with this

Section shall not render any proceeding void, but the

proceeding may be amended, set aside as irregular or otherwise dealt with as the

Court may direct.

23 On an appeal from a decision of an adjudicator, the judge may award the following

costs:

(

a) any costs which the adjudicator could have awarded under

Section 15;

(

b) a barrister fee not to exceed $50;

(

c) out of pocket expenses approved by the judge.

24 A Certificate of Satisfaction shall be in Form 13.

________________________________________________________________

Form 1—Notice of Claim

in the Small Claims Court of Nova Scotia

Will this matter

take longer than

2 hours?

For Court use only

Claim no.

Yes

1.1 CLAIMANT(S) (your information)

Additional claimant(

s) listed on the attached page

Full legal name:

Street address:

Postal code:

Mailing address: (if different)

Postal code:

Phone:

Fax or email address:

1.2 LEGAL REPRESENTATION (leave blank if you are representing yourself)

Lawyer’s name:

Address:

Lawyer’s phone number:

Email address:

1.3 DEFENDANT(S) (the person you are

claiming against)

Additional defendant(

s) listed on the attached page

Full legal name:

Street address:

Postal code:

Mailing address: (if different)

Postal code:

Phone:

Fax or email address:

1.4 ABOUT YOUR CLAIM

I CLAIM FROM THE DEFENDANT(

S) payment of money

return of goods

general damages

interest

costs

claim amount:

REASON FOR THIS CLAIM (What happened? Where?) (If you need more space, attach another sheet of paper.)

Date

Signature of claimant(

s) or lawyer(

s) for

claimants

1.5 FOR COURT USE ONLY

This claim must be served on the defendant within __________ days of the _______ day of

____________________, 20_____.

Hearing date

Hearing time

a.m. ☐

p.m. ☐

Place of hearing

Clerk of the Small Claims Court

________________________________________________________________

Form 2—Part A: Defence

in the Small Claims Court of Nova Scotia

2.1 ABOUT YOUR DEFENCE

To (name of claimant or organization) :

Reason for disputing this claim (if you need more space, attach another sheet of paper)

Date

Signature of defendant(

s) or lawyer(

s) for defendants

Street address:

Postal code:

Mailing address: (if different)

Postal code:

Phone:

Email address:

Lawyer’s name:

Address:

Lawyer’s phone number:

Email address:

Part B: Counterclaim

in the Small Claims Court of Nova Scotia

2.2 ABOUT YOUR COUNTERCLAIM

To (name of claimant or organization) :

I counterclaim for:

payment of money

return of goods

general damages

interest

costs

claim amount:

REASON FOR THIS COUNTERCLAIM (What happened? Where?) (If you need more space, attach another

sheet of paper.)

Date

Signature of defendant(

s) or lawyer(

s) for defendants

2.3 FOR COURT USE ONLY (All parties will appear on the date shown on Form 1—Notice of Claim to

present their evidence before the adjudicator.)

This defence and/or counterclaim must be served on the claimant(

s) within __________ days

of the _______ day of ____________________, 20_____.

Clerk of the Small Claims Court

________________________________________________________________

Form 3—Subpoena to Witness

in the Small Claims Court of Nova Scotia

Claim No. ______

Between:

Name _____________________________________________________________ Claimant(s)

- and -

Name ____________________________________________________________ Defendant(

s) To: _________________________________________________________________________

(name of witness)

You must attend the hearing of this proceeding in the Small Claims Court, to be held at

___________________ in ________________ , Nova Scotia on _________________ , 20__ ,

at __________ a.m./p.m. You must be present each day of the hearing and until the hearing

ends. You will be called upon to give evidence on behalf of the ________________________.

(Claimant(s)/Defendant(s))

You must bring the following documents or things with you and produce them at the hearing:

____________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

If you do not obey this subpoena and do not have an adequate excuse for disobeying this

subpoena, then you may be found to be in contempt of court and you could be arrested.

Issued on _______________________ , 20__.

_________________________________

Clerk of the Small Claims Court

Affidavit

I, _________________________________________ , swear that on _______________, 20__,

I served this subpoena on _________________________________ , by leaving a true copy of it

(name of witness)

with him/her personally, and that I travelled ____________ kilometres to do so.

Sworn before me on ____________, 20__.

______________________________________

) ________________________________

Clerk of the Small Claims Court of

Nova Scotia, Barrister, Commissioner

of the Supreme Court of Nova Scotia

________________________________________________________________

Form 4—Notice of Election to Transfer

in the Small Claims Court of Nova Scotia

BETWEEN:

Name Claimant

Address

Phone

Name Defendant

Address

Phone

TAKE NOTICE that _________________________, a party to the proceeding begun in

the Supreme Court as No. ________ elects to have the proceeding adjudicated in the

Small Claims Court of Nova Scotia at _____________________.

DATED ____________________________, 20______.

_______________________________________

Claimant/Defendant

TO: Prothonotary

Claimant/Defendant

________________________________________________________________

Form 5—Notice of Adjudication

in the Small Claims Court of Nova Scotia

Claim No: _______

BETWEEN:

Name Claimant

Address

Phone

Name Defendant

Address

Phone

WHEREAS _____________________, a party to a proceeding in the Supreme Court as

No. ________________, has served notice of election to transfer;

TAKE NOTICE that the hearing of this claim is set for _________________, 20____,

at ____________ a.m./p.m. at _____________________________.

DATED _______________________________, 20______.

_________________________________

Clerk of the Small Claims Court

________________________________________________________________

Form 6---Application for Quick Judgment

in the Small Claims Court of Nova Scotia

County of _______________________ File No. _____________

BETWEEN:

CLAIMANT

- and -

DEFENDANT

AFFIDAVIT IN PROOF OF APPLICATION

I, ___________________ of ___________________ in the County of __________________,

Province of Nova Scotia, make oath and say as follows:

1. ____ That I am the Claimant and Applicant herein.

1. ____ That I am the ____________ of the Claimant (if the Claimant is a body corporate) .

(Check one of the above)

2. That I served the Claim on the defendant by ________________________ and

(method of service)

documentation proving service is attached.

3. That 10 days have expired since the date of service.

4. That I have had no communication, either written or oral, from the Defendant to the

effect that the Defendant intends to defend this action.

5. ____ That no payments have been credited.

5. ____ That payments of $____________ have been credited to my account since the date

of the issuance of this Claim.

( Check one of the above )

6. That the following breakdown of my claim is a true and accurate statement of the

account owing by the Defendant, and documentation supporting my claim is attached:

Debt (amount claimed before costs)

$ _________________

Credit (if any)

$ _________________

Cost of filing claim

$ _________________

Cost of service

$ _________________

Interest to date (if applicable)

$ _________________

TOTAL

$ _________________

7. That I request judgment be issued in this matter in the amount of $ _________.

SWORN TO at ________________,

in the County of ________________,

Province of Nova Scotia, on

______________________, 20 ____.

_________________________________ _________________________________

A Commissioner of the Supreme Applicant

Court of Nova Scotia

________________________________________________________________

Form 7(a)—Order

in the Small Claims Court of Nova Scotia

Claim No: _______

BETWEEN:

Name Claimant

Address

Phone

Name Defendant

Address

Phone

On _______________________ 20 ____, a hearing was held in the above matter and

the following Order is made:

The Claimant having appeared, and the Defendant □ appearing □ not appearing;

AND UPON FINDING

(

a) that the Defendant was served with a notice of the claim; and

(

b) that the Defendant did not file a defence and the time for filing a defence has

elapsed; and

(

c) that the Claimant has established the merits of the claim,

I THEREFORE ORDER that the Defendant pay to the Claimant the sums as follows:

Debt:

Costs:

Total:

Dated at ____________________

on __________________, 20 ___

_________________________________

Adjudicator

Original Court File

Copy Claimant(

s) Copy Defendant(s)

________________________________________________________________

Form 7(b)—Order

in the Small Claims Court of Nova Scotia

Claim No: _______

BETWEEN:

Name Claimant

Address

Phone

Name Defendant

Address

Phone

UPON FINDING

(

a) that the Defendant was served with notice of the claim; and

(

b) that the Defendant did not file a defence and the time for filing a defence has

elapsed; and

(

c) that the documents filed with the claim establish the merits of the claim,

I THEREFORE ORDER that the Defendant pay to the Claimant the sums as follows:

Debt:

Costs:

Total:

Dated at ____________________

on ____________________, 20___

_____________________________

Adjudicator

Original Court File

Copy Claimant(

s) Copy Defendant(s)

________________________________________________________________

Form 7(c)—Order

in the Small Claims Court of Nova Scotia

Claim No: _______

BETWEEN:

Name Claimant

Address

Phone

Name Defendant

Address

Phone

On _____________________________, 20___, a hearing was held in the above matter

and the following Order is made:

Dated at _____________________

on ____________________, 20___ _____________________________

Adjudicator

Original Court File

Copy Claimant(

s) Copy Defendant(s)

________________________________________________________________

Form 8—Certificate of Judgment

in the Small Claims Court of Nova Scotia

Claim No: _______

BETWEEN:

Claimant

- and -

Defendant

By order of the Adjudicator, Judgment is entered in the above action for __________________

against _____________________________________

for:

DEBT $

COSTS $

__________________

TOTAL $ __________________

_________________________________

Clerk of the Small Claims Court

I certify that this is a true abstract of the original Judgment in this Court on

_________________, 20 _____.

Given under the seal of the Court at __________________, on ________________, 20___.

_______________________________________

Clerk of the Small Claims Court

NOVA SCOTIA, )

S.S. ) OFFICE OF THE REGISTRY OF DEEDS

I certify that the foregoing abstract of Docket of Judgment ____________, duly certified

by the Clerk of the Small Claims Court under the seal of the Court, was produced to be

registered in this office at the hour of ______________ on _________________, 20

_____, and was registered in Book ________, Page ____.

___________________________________

Registrar of Deeds

________________________________________________________________

Form 9—Notice of Appeal

in the Supreme Court of Nova Scotia

Small Claims Court

20 ____ S_____ No. ______

NAME

ADDRESS

APPELLANT

- and -

NAME

ADDRESS

RESPONDENT

TO: The Prothonotary

The Appellant appeals from an order or determination made by an adjudicator of the Small

Claims Court on ____________, 20 ____, in the Small Claims Court of Nova Scotia at

_______________, in the County of ______________ on the grounds of

□ (

a) jurisdictional error;

□ (

b) error of law;

□ (

c) failure to follow the requirements of natural justice,

and the particulars of the error or failure which form the grounds of appeal are:

And the Appellant requests that the adjudicator within 30 days, transmit to the court a

summary

report of the findings of law and fact, including the basis of any findings raised in this Notice of

Appeal and any

interpretation of documents made by the adjudicator with a copy of any written

reasons for the decision to the Court.

DATED at ________________, on ______________________________, 20____.

_________________________________

Appellant

________________________________________________________________

Form 10—Summary Report

in the Supreme Court of Nova Scotia

S_____ No. ______

APPELLANT

- and -

RESPONDENT

TO: The Prothonotary

Summary report of findings by _____________________________, an Adjudicator of the

Small Claims Court of Nova Scotia.

1. On ________________, 20___ I adjudicated a claim between the above named

parties, a copy of which is attached hereto.

2. On the attached pages, I set out for the consideration of this Honourable Court a

summary report of the findings of law and fact made in the case on appeal

including the basis of any findings raised in the Notice of Appeal and any

interpretation of documents made by me, and a copy of the written reasons for

my decision, if any.

DATED at ______________, on _________________________, 20____.

_________________________________

Adjudicator

________________________________________________________________

Form 11—Execution Order

in the Small Claims Court of Nova Scotia

Claim No: _______

BETWEEN:

CLAIMANT

-and-

DEFENDANT

TO ANY SHERIFF OR INTERESTED PERSON:

Judgment Debt

$_______

UPON being satisfied that the judgment creditor

has entered judgment against the judgment debtor,

on __________________, 20_____ .

Judgment Cost

$_______

Less Credits

$_______

IT IS ORDERED THAT

Judgment amount

$_______

1. Any sheriff shall seize, accept as a receiver,

hold and sell at public auction, any real or personal

property in which the judgment debtor has an

interest, including any debt, rent, legacy,

share, bond, debenture or other security, currency,

wages, or other demand, due or accruing due at

any time while this order is valid, whether in the

possession of the judgment debtor or other person

and not exempt by law from seizure , that will

satisfy the judgment creditor’s claim in the amount

of $ together with interest on the

judgment

debt at the rate of 5% per annum from the date

hereof to the date of satisfaction, and probable

costs of $75.00, and to disburse the proceeds as

provided by law.

Registering

Judgment

$_______

PPS Registry filing

fee

$_______

Execution

$_______

Interest to date

$_______

Total Fees & Interest

$_______

TOTAL CLAIM

$_______

2. The sheriff, at the time of making a seizure

under this order, shall, unless the Court otherwise

orders,

(

a) serve a true copy of this order on the

judgment debtor or other person in

possession of the property at the time of

the seizure; and

(

b) make forthwith a true inventory and

appraisement of the seized property and the

interest of the judgment debtor therein.

Judgment (date) ___________. (Execution Order effective for 6 years from the judgment date.)

Order renewed or reissued (date) ______________ for 12 months.

3. Where there is any property in the possession of a third person that cannot be seized

immediately, the sheriff shall serve a copy of this order on the third person whereupon

the property, in an amount as will secure in whole or in part the amount of the judgment

creditor’s claim against the judgment debtor as stated herein, shall be deemed to have

been seized, and the third person shall, within 10 days of the service of the order on

him/her and from time to time thereafter as any such additional property is available for

delivery,

(

a) deliver the property to the sheriff and the delivery shall release the third person

from any liability to the judgment debtor with respect to the value of the

property so delivered or;

(

b) when delivery is not made under clause (a), or the value of any property so

delivered is not sufficient to satisfy the judgment creditor’s claim, or when a

sheriff in writing demands it,

(

i) the third person shall file with the sheriff a certificate that describes and

gives the location of any such property in the possession of the third

person, states the approximate value of the interest of the judgment

debtor therein and when any payment in respect thereof becomes

payable to the judgment debtor, and gives the name and address of any

other person with an interest in the property and the nature of that

interest, and

(ii) pending further order of the Court, the third person shall retain

possession of the property referred to in clause (

i) and withhold payment

of any debt, rent, legacy, share, bond, debenture or other currency,

wages or other demand, and the amount of the claim shall become a lien

on the property held by the third person from the time of the service of

the order on him/her or of the subsequent acquisition of any such

property by him/her.

4. When the sheriff serves this Execution Order on a body corporate with the intention of

seizing any share, bond, debenture or other interest of the judgment debtor therein, the

body corporate or any transfer agent thereof shall

(

a) not transfer the title or deliver possession of any such share, bond, debenture or

other interest to any person until the Court otherwise orders; and

(

b) forthwith file with the sheriff a certificate setting out

(

i) the number and class of any share so seized, with the certificate number

and the name and address of any registered owner thereof,

(ii) the number, face value and description of any seized bond or debenture,

with the serial number and the name and address of any registered

owner thereof, and

(iii) a description of any other seized interest of the judgment debtor in the

body corporate so retained.

5. When a sheriff serves this Execution Order on an employer with the intention of seizing

any wages of a judgment debtor hereunder, the employer shall

(

a) pay to the sheriff 15% of the gross wages of the judgment debtor, provided that

when the payment would reduce the net amount of wages payable to the

judgment debtor, after the deduction of all amounts required by law to be

deducted from such wages, to an amount of $450.00 per week payable to a

judgment debtor supporting a family or $330.00 per week to any other judgment

debtor, then only the difference by which the payment of 15% exceeds these

respective amounts, shall be paid to the sheriff hereunder;

(

b) pay the wages to the sheriff hereunder once every month or as otherwise agreed

upon by the employer and sheriff; and

(

c) forthwith answer any written interrogatory sent to him by the sheriff with

respect to any wages due or accruing due to the judgment debtor.

6. Any person who fails to comply with the provisions of paragraphs 3, 4 and 5 may be

deemed to be in contempt of the Court and may be dealt with as the Court thinks just.

7. Where real property is seized under an Execution Order, the sheriff shall proceed to sell

the property as provided by the Sale of Land under Execution Act.

8. The sheriff shall file this Execution Order with the Clerk of the Small Claims Court

within 10 days after the execution thereof and not later than the expiry date of this

Execution Order, or when directed by the Court, with his/her report endorsed thereon or

attached thereto.

Dated on __________________, 20 ____

____________________________________

Clerk of the Small Claims Court

________________________________________________________________

Form 12 — Recovery Order

in the Small Claims Court of Nova Scotia

Claim No: _______

BETWEEN:

CLAIMANT

- and -

DEFENDANT

TO:

Any sheriff or interested person:

Upon reading the order of the Small Claims Court Adjudicator dated

_______________, 20 ______, the Claimant shall recover from the Defendant the

following:

It is ordered that you, as sheriff for the County of _______________, enter upon the

lands of ______________________________________ or wherever the above-described property may be located and cause the Claimant, or as the case may be, to

have possession of the above-described property;

It is further ordered that upon the execution of this Order, you shall immediately file it

in my office with a report of your doings under the Order endorsed on or attached to it.

Issued at _________________, Nova Scotia, on ______________ , 20 _____.

___________________________________

Clerk of the Small Claims Court

________________________________________________________________

Form 13—Certificate of Satisfaction

in the Small Claims Court of Nova Scotia

Claim No. _________

Date of Judgment___________

BETWEEN:

CLAIMANT

- and -

DEFENDANT

I certify that a satisfaction piece was filed in full satisfaction of judgment in the above cause for

the CLAIMANT against the DEFENDANT, for the sum of

$______________ (debt) and $ _______________ (costs) and that the judgment is discharged.

Given under the seal of the Court at _________________, Nova Scotia, on

___________________, 20____.

_______________________________

Clerk of the Small Claims Court

________________________________________________________________

Form 14—Waiver of Fees Application

(s. 2A, Small Claims Court Forms and Procedures Regulations )

Please print in BLOCK LETTERS:

Last name:_____________________________________

Mailing address: ______________________ Apt # ____

City or town/province: __________ Postal code:_______

Telephones: Home: ______ Work: ______ Msg:______

Given names: ________________

Date of birth: ________________

Age: ___________ (mm/dd/yr)

☐ Male

☐ Female

☐ X

☐ Employed

☐ Unemployed

☐ Unable to work

☐ Student/training

☐ Not married

☐ Common law

☐ Divorced

☐ Married

☐ Separated

☐ Widowed

I apply to have the following court filing fees waived:

SPOUSE (including common-law)

Name:_____________________________

Address: ___________________________

Telephone: _________

DEPENDANTS (spouse, child or other person

supported by applicant):

Total ___ Living with client ___ Living apart ___

Name

Relationship

Birth date

(mm/dd/yy)

Do you receive social or other municipal

assistance?

☐ Yes

☐ No

Person who can verify

financial information

Name:__________________________________________________

Address: _________________________ Telephone: ___________

GROSS MONTHLY INCOME

IMPORTANT:

This application will not be processed

unless you attach 1 of the following:

Salary (wages + tips)

Unemployment ins.

Social assistance

a copy of your pay stub

Old age assistance

a copy of your benefit stub

Pension

a copy of your most recent Income

Tax Return or Notice of Assessment

Spouse’s income

(including common law)

a letter from a doctor, priest or other

official stating that you have no

income

Support received

Specify other income

Gross monthly

income

Less support

you pay per month

Monthly income:

Applicant declares:

☐ Approved

☐ Denied

I state that the above information is true and

complete. I consent to have this information

investigated for verification and will notify court

administration of any change.

By:

Signature of applicant

Date:

Date

Legislative History

Reference Tables

Small Claims Court Forms and Procedures Regulations

N.S. Reg.

17/1993

Small Claims Court Act

Note: The

information in these tables does not form part of the regulations and is

compiled by the Office of the Registrar of Regulations for reference only.

Source Law

The current consolidation of the Small Claims Court Forms and Procedures Regulations made

under the Small Claims Court Act includes all of the following regulations:

N.S.

Regulation

In force

date*

How in force

Royal Gazette

Part II Issue

17/1993

Jan 30,

date specified

Feb

19, 1993

71/1994

May 1, 1994

date specified

May 13, 1994

2/1995

Jan 15, 1995

date specified

Jan 20, 1995

11/1998

Feb 1, 1998

date specified

Feb 27, 1998

58/2000

Apr 1, 2000

date specified

Apr 21, 2000

37/2001

Apr 1, 2001

date specified

Apr 20, 2001

124/2001

Oct 11, 2001

date specified

Nov 2, 2001

132/2003

Jul 4, 2003

date specified

Jul 25, 2003

111/2004

Apr 1, 2004

date specified

Apr 6, 2004

39/2004

Apr 1, 2004

date specified

Apr 16, 2004

18/2005

Feb 17, 2005

date specified

Mar 4, 2005

201/2006

Oct 27, 2006

date specified

Nov 10, 2006

157/2007

Apr 1, 2007

date specified

Mar 30, 2007

213/2008

Apr 1, 2008

date specified

Apr 18, 2008

153/2009

Apr 1, 2009

date specified

Apr 14, 2009

129/2011

Apr 1, 2011

date specified

Apr 15, 2011

156/2013

Apr 1, 2013

date specified

Apr 12, 2013

156/2015

Apr 1, 2015

date specified

Apr 8, 2015

114/2019

Sep 3, 2019

date specified

Aug 16, 2019

The

following regulations are not yet in force and are not included in the current

consolidation:

N.S.

Regulation

In force

date*

How in force

Royal Gazette

Part II Issue

*See subsection 3(6) of the Regulations Act for

rules about in force dates of regulations.

Amendments by Provision

ad. = added

am. = amended

fc. = fee change

ra. = reassigned

rep. = repealed

rs . = repealed and substituted

Provision affected

How affected

1 ........................................................

am. 58/2000

2 ........................................................

rs . 71/1994, 58/2000; am.

114/2019

2(a) ..............................................

fc. 111/2004, 157/2007, 213/2008, 153/2009, 129/2011, 156/2013,

156/2015

2(b) ..............................................

fc. 111/2004, 39/2004; am. 201/2006; fc. 157/2007,

213/2008, 153/2009, 129/2011, 156/2013, 156/2015

2(c) ..............................................

fc. 111/2004, 157/2007, 213/2008, 153/2009, 129/2011,

156/2013, 156/2015

2A .....................................................

ad. 114/2019

3 ........................................................

rs . 58/2000

3(1) ..............................................

am. 114/2019

3(2) ..............................................

am. 18/2005

4 ........................................................

ra. 4(1) 58/2000 ;

am. 114/2019

4(1) ..............................................

ra. from 4 58/2000

4(1A) ...........................................

ad. 114/2019

4(2) ..............................................

ad. 58/2000 ; fc. 111/2004,

157/2007, 213/2008, 153/2009, 129/2011, 156/2013, 156/2015; am. 114/2019

5 ........................................................

ra. 5(1) 58/2000

5(1) ..............................................

ra. from 5 58/2000 ; am.

201/2006, 114/2019

5(2) ..............................................

ad.

58/2000

9(1) ...................................................

am. 18/2005

9(2) ...................................................

am. 58/2000

10 ......................................................

rs . 11/1998

10(1) ............................................

fc. 111/2004, 157/2007, 213/2008, 58/2000, 153/2009,

129/2011, 156/2013, 156/2015

11 ......................................................

rs . 11/1998

12 ......................................................

ra. as 13 58/2000

12 ......................................................

ad. 58/2000

13 ......................................................

ra. as 14 58/2000

13 ......................................................

ra. from 12 58/2000

13(a) ............................................

fc. 111/2004, 157/2007, 213/2008, 153/2009, 129/2011,

156/2013

13(b)-(c) ......................................

fc. 111/2004, 157/2007, 213/2008, 153/2009, 129/2011,

156/2013, 156/2015

13(d) ............................................

fc. 213/2008, 153/2009, 129/2011, 156/2013

14 ......................................................

ra. as 15 58/2000

14 ......................................................

ra. from 13 58/2000

15 ......................................................

rs . 2/1995

15 ......................................................

ra. from 13 58/2000

15(1)(e) ........................................

am. 58/2000

17 ......................................................

rs . 58/2000

18 ......................................................

rs . 58/2000

18(1)-(2) ......................................

fc. 111/2004, 157/2007, 213/2008, 153/2009, 129/2011,

156/2013, 156/2015

18(3) ............................................

ad. 132/2003 ; fc. 111/2004,

157/2007, 213/2008, 153/2009, 129/2011, 156/2013, 156/2015

19-20 .................................................

rs . 58/2000

21 ......................................................

ra. as 23 58/2000

21-22 .................................................

ad. 58/2000

23 ......................................................

ra. from 21 58/2000

23(a) ............................................

am. 58/2000, 37/2001

24 ......................................................

ad. 58/2000

Forms

Form 1 ..............................................

rs . 58/2000, 18/2005; am.

201/2006; rs . 114/2019

Form 2 ..............................................

rs . 58/2000, 18/2005,

114/2019

Form 3 ..............................................

rs . 58/2000, 18/2005

Forms 4-5 .........................................

rs . 58/2000

Form 6 ..............................................

rs . 58/2000

Form 6(a) ..........................................

am. 11/1998

Form 7 ..............................................

am. 11/1998; rs . 58/2000

Forms 8-9 .........................................

rs . 58/2000

Form 10 ............................................

ad. 58/2000

Form 11 ............................................

ad. 58/2000

Form 11(5)(a) ..............................

am. 124/2001, 114/2019

Form 11(8) ..................................

rs . 37/2001

Forms 12-13 .....................................

ad. 58/2000

Form 14 ............................................

ad. 114/2019

Note that changes to headings are not

included in the above table.

Editorial Notes and Corrections

Note

Effective

date

Repealed and Superseded

N.S.

Regulation

Title

In force

date

Repealed

date

Note: Only

regulations that are specifically repealed and replaced appear in this

table. It may not reflect the entire

history of regulations on this subject matter.