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Part II .

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Transportation and Infrastructure Renewal Ministerial Land

Disposition Transactions Regulations

made under

Section 6 of the

Court and Administrative Reform Act

S.N.S. 1996, c. 23

O.I.C. 2010-107 (effective March 15, 2010), N.S. Reg. 44/2010

Table of Contents

Please note: this table of contents is provided for convenience of reference and does not form part of the regulations.

Click here to go to the text of the regulations .

Citation

Definitions

Assignment of authority

Purpose of regulations

Limitations on dispositions

Market value requirement and prohibitions

Acceptable methods of sale

Conflict of interest

Identification of property as a significant wildlife habitat

Public notice required

Notification to Executive Council

Citation

1 These regulations may be cited as the Transportation and Infrastructure Renewal

Ministerial Land Disposition Transactions Regulations .

Definitions

2 In these regulations,

(a) “Act” means the Court and Administrative Reform Act ;

(b) “Department” means the Department of Transportation and Infrastructure

Renewal; and

(c) “Minister” means the Minister of Transportation and Infrastructure Renewal.

Assignment of authority

3 In accordance with the Act, the Minister is hereby assigned the authority to dispose of real

property or interests in real property under the Surplus Crown Property Disposal Act .

Purpose of regulations

4 The purpose of these regulations is to provide, in accordance with

Section 3 of the Act, the

procedures to govern the disposition of real property or interests in real property by the

Minister under the Surplus Crown Property Disposal Act .

Limitations on dispositions

5 Dispositions of real property or interests in real property made by the Minister under these

regulations are subject to the following limitations:

Surplus Crown

Property

Disposal Act

Reference

Transaction

Limitation

Subsection 11(1)

disposition of surplus real estate or interest in

surplus real estate by way of deed or conveyance

other than lease, easement or right of way

not to exceed

$25 000 in

value

Subsection 11(1)

disposition of surplus real estate or any interest in

surplus real estate by way of lease

not to exceed

10 ha

Subsection 11(1)

disposition by way of easement or right of way

with respect to surplus real estate upon such terms

or conditions as the Minister considers appropriate

not to exceed

$25 000 in

value

Market value requirement and prohibitions

(1) A disposition made by the Minister under these regulations must be based on market

value.

(2) The Minister must not sell real property at less than market value without the

approval of the Governor in Council.

Acceptable methods of sale

7 When the Minister disposes of real property under these regulations by way of sale, any of

the following are acceptable methods of sale:

(

a) public tender;

(

b) draw;

(

c) listing with a licensed real estate agent;

(

d) sale directly by government;

(

e) court-ordered sale.

Conflict of interest

(1) Each non-governmental party to a disposition by the Minister under these

regulations is required to provide a declaration stating that they are not related to the

Minister, the Deputy Minister or any senior official in the Department.

(2) If a non-governmental party to a disposition by the Minister under these regulations

is a corporation, its duly authorized officials must execute and deliver to the

Department a statutory declaration stating that the corporation has no financial

relationship with the Minister, Deputy Minister or senior officials of the Department,

and that the Minister, Deputy Minister and senior officials are not major shareholders

in the corporation.

(3) If a party to a disposition by the Minister under these regulations is related to the

Minister, Deputy Minister or any senior official of the Department, the transaction is

subject to the approval of the Governor in Council.

Identification of property as a significant wildlife habitat

(1) The Department must ask the Department of Natural Resources to review each

proposed disposition of land or an interest in land under these regulations to

determine whether the land has been identified as a significant wildlife habitat and

the Department of Natural Resources must advise the Department in writing whether

the land has been identified as a significant wildlife habitat.

(2) Real property that has been identified as a significant wildlife habitat must not be

sold without the approval of the Governor in Council.

Public notice required

10 Public notice of dispositions made by the Minister under these regulations must be given

through a detailed list in an annual report issued by the Department.

Notification to Executive Council

(1) One week before approving any disposition under these regulations, the Minister

must provide the Executive Council with notice of the proposed transaction.

(2) A notice under subsection (1) must include all of the following:

(

a) the name of the purchaser;

(

b) the location and size of the property to be disposed of;

(

c) the price of the proposed transaction.

Legislative History

Reference Tables

Transportation and Infrastructure Renewal

Ministerial Land Disposition Transactions Regulations

N.S. Reg.

44/2010

Court and Administrative Reform 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 Transportation and Infrastructure Renewal Ministerial Land

Disposition Transactions Regulations made under the Court and Administrative Reform Act includes all of the

following regulations:

N.S.

Regulation

In force

date*

How in force

Royal Gazette

Part II Issue

44/2010

Mar 15, 2010

date specified

Mar 26, 2010

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

Note that changes to headings are not

included in the above table.

Editorial Notes and Corrections:

Note

Effective

date

The references to the Department of Natural Resources

in subsection 9(1) should be read as references to the Department of Lands

and Forestry in accordance with Order in Council 2018-188 under the Public Service Act , R.S.N.S. 1989, c.

Jul 5, 2018

The references to the Department and Minister of

Transportation and Infrastructure Renewal in s. 2 should be read as

references to the Department and Minister of Transportation and Active

Transit in accordance with O.I.C. 2021-56 under the Public Service Act , R.S.N.S. 1989, c. 376.

Feb 23, 2021

The references to the Department and Minister of

Transportation and Infrastructure Renewal in s. 2 should be read as

references to the Department of Public Works in accordance with O.I.C.

2021-209 under the Public Service Act ,

R.S.N.S. 1989, c. 376.

Aug 31, 2021

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.