This consolidation is unofficial and is for reference only.

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

Part II .

Regulations are amended frequently.

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

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Small Claims Court Residential Tenancies Appeal Regulations

made under

Section 33 of the

Small Claims Court Act

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

O.I.C. 2003-29 (January 31, 2003, effective February 1, 2003), N.S. Reg. 18/2003

as amended to O.I.C. 2015-96 (March 31, 2015, effective April 1, 2015), N.S. Reg. 157/2015

1 These regulations may be cited as the Small Claims Court Residential Tenancies Appeal

Regulations .

2 A Notice of Appeal from an order of the Director of Residential Tenancies must be in

Form A.

3 A Order for the Sheriff to deliver possession of property must be in Form B.

(1) The fee for filing a Notice of Appeal from an order of the Director of Residential

Tenancies is

(a) $33.00 if the claim is in an amount less than $2000.00 or for any other remedy

not otherwise specified in this Section;

Clause 4(1)(

a) amended: O.I.C. 2015-96, N.S. Reg. 157/2015.

(b) $99.70 if the claim is in an amount not less than $2000.00 and not more than

$4999.00 or for vacant possession;

Clause 4(1)(

b) amended: O.I.C. 2015-96, N.S. Reg. 157/2015.

(c) $199.35 if the claim is in an amount not less than $5000.00 or is in relation to

an application pursuant to

Section 11A of the Residential Tenancies Act .

Clause 4(1)(

c) amended: O.I.C. 2015-96, N.S. Reg. 157/2015.

Section 4 renumbered 4(1) and amended: O.I.C. 2004-180, N.S. Reg. 144/2004.

(2) Despite subsection (1), the clerk of the court must waive the appellant’s fee for filing

a Notice of Appeal if the appellant meets the financial eligibility criteria set out in

subsection (3) and completes and files with the clerk an application in Form C

together with

(

a) proof of the appellant’s income in the form of a current pay or income

assistance or benefit stub, or a copy of the appellant’s most recent income tax

return or most recent notice of assessment; or

(

b) if the appellant is in receipt of no income, a letter signed by their medical

doctor, priest or other official confirming that the appellant is in receipt of no

income and is not surviving from any savings.

Subsection 4(2) added: O.I.C. 2004-180, N.S. Reg. 144/2004.

(3) An appellant meets the financial eligibility criteria required to have the filing fee

waived under subsection (2) if the appellant’s monthly income is less than or equal

to the amount that corresponds to the number of the appellant’s dependants 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

Subsection 4(3) added: O.I.C. 2004-180, N.S. Reg. 144/2004.

(4) If an appellant’s filing fee is waived under subsection (2), the following items and

services must be made available to the appellant free of charge:

(

a) a maximum of 25 photocopies;

(

b) a maximum of 3 court searches; and

(

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

Subsection 4(4) added: O.I.C. 2004-180, N.S. Reg. 144/2004.

5 Sections 6 to 9, 13 to 16 and 18 to 24 of the regulations respecting Small Claims Court

forms and procedures, and Form 7(

c) as prescribed by

Section 17 of those regulations,

apply with the necessary changes in detail to an appeal from an order of the Director of

Residential Tenancies.

Form A

(Section 2 of the Small Claims Court Residential Tenancies Appeal Regulations )

For Court Use Only

Claim No.________

Notice of Appeal

From an Order of the Director of Residential Tenancies

Appellant(s): Landlord ☐ Tenant ☐

Name Will this matter take

Address longer than 2 hours?

Postal code _________________ Phone □ Yes □ No

Respondent(s): Landlord ☐ Tenant ☐

Name

Address

Postal code __________________ Phone

I, the Appellant, appeal the Order of the Director dated _______________________, 20 _____ .

My reason for this appeal is

(If you need more space, attach another sheet of paper)

______________________________

Date Appellant(

s) To be filled in by the Clerk of the Small Claims Court:

Appellant, serve this appeal on both the Respondent(

s) and the Director within ____days of

____________________, 20______.

Date of hearing: ______________________, 20____

Time of hearing: _________ pm

Place of hearing: _____________________________ _____________________________

Clerk of the Small Claims Court

Appellant : Personally serve a copy of the Notice of Appeal on both the Respondent and

the Director of Residential Tenancies.

Appellant/Respondent : An appeal from a Residential Tenancies Director’s Order is a brand-

new hearing. You must present all arguments and evidence at this appeal hearing. Include

any new evidence that was not presented at the original Residential Tenancy hearing.

Respondent : If you do not attend the hearing the Adjudicator may issue an order in your

absence.

Notice of Appeal From an Order of the Director

of Residential Tenancies Claim # ___________

County: ___________

Between:

Appellant: ______________________________________

and

Respondent: ______________________________________

Affidavit of Service to Respondent

I swear that I served the Respondent at the following time and place by leaving a copy of the

Notice of Appeal with them personally:

Date: _____ day of _______________, 20 ______

Time: _____________ in the ☐ am ☐ pm

Name of Respondent:

Place of delivery:

Residential Tenancies case number:

Date Notice of Appeal issued by Small Claims Court: ___________________, 20 _____

Sworn by: Sworn before: ____________________

Address: Date: _________________, 20_______

Nova Scotia ________________________________

A Commissioner of the Supreme Court of Nova

Scotia, Clerk of the Small Claims Court

Notice of Appeal From an Order of the Director Claim # ___________

of Residential Tenancies County: ___________

Between:

Appellant: ______________________________________

and

Respondent: ______________________________________

Affidavit of Service to Director

I swear that I served the Director at the following time and place by leaving a copy of the

Notice of Appeal:

Date: _______________, 20______

Time: _____________ in the ☐am ☐ pm

Place of delivery:

Residential Tenancies case number:

Date Notice of Appeal issued by Small Claims Court: ______________________, 20

Sworn by: Sworn before:

Address: Date: ______________________, 20

Nova Scotia

A Commissioner of the Supreme Court of Nova

Scotia, Clerk of the Small Claims Court

Form B

(Section 3 of the Small Claims Court Residential Tenancies Appeal Regulations )

20_____ Claim # __________

In the Small Claims Court of Nova Scotia

Between:

Applicant/Landlord: _____________________________________

and

Respondent: _____________________________________

Order For Sheriff to Deliver Possession of Property

Before the Clerk of the Small Claims Court

By Order of the Director of Residential Tenancies, copy attached, the Applicant shall recover

possession of the premises from the Respondent.

The Small Claims Court authorizes the Sheriff for the County of ________________________

to enter upon the lands of the Applicant and to cause the Applicant/Landlord or its nominees to

have possession of the property described below and thereupon the Sheriff must file a report

with the Court describing what was done to comply with the Order.

Date of Order of Director: , 20

Name of Applicant:

Name of Respondent:

Description of the premises:

Address of the premises:

Current occupant:

County:

Granted and issued at Halifax, Nova Scotia, this ______ day of _________________, 20_____.

Clerk of the Small Claims Court

Form C

Application for Waiver of Fee for Filing Notice of Appeal

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:

(mm/dd/yr)

Age:

☐ Male

☐ Female

☐ Employed

☐ Unemployed

☐ Unable to work

☐ Student/training

☐ Not married ☐ Married

☐ Common law ☐ Separated

☐ Divorced ☐ Widowed

I APPLY TO HAVE THE FOLLOWING FEE FOR NOTICE OF APPEAL WAIVED:

HUSBAND OR WIFE (INCLUDING COMMON

LAW)

Name:

Address:

Telephone:

DEPENDANTS (SPOUSE, CHILD, OTHER

PERSON SUPPORTED BY APPLICANT):

Total ____ Living with client ____ Living apart ____

Name Relationship Birth date

(mm/dd/yr)

Do you receive social or other municipal assistance

☐ Yes ☐ No

Person who can verifyName:

financial informationAddress: Telephone:

GROSS MONTHLY INCOME

Salary (wages + tips)

Unemployment ins.

Social assistance

Old age assistance

Pension

Spouse’s income

(including common law)

Maintenance received

Specify other income

Gross monthly income

Less maintenance

you pay per month

Monthly income

IMPORTANT:

This application will not be processed unless

you attach one of the following supporting

documents:

• a copy of your current pay stub

• a copy of your current income

assistance or benefit stub

• a copy of your most recent income tax

return or notice of assessment

• a letter from a doctor, priest or other

official stating that you have no income

Applicant declares:

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.

Signature of the applicant

Date

☐ Approved ☐ Denied

By:

Date:

Form C added: O.I.C. 2004-180, N.S. Reg. 144/2004.