© NS Registry of Regulations. Web version. 311

Part II Regulations under the Regulations Act Printed by the Queen’s Printer Halifax, Nova Scotia Vol. 31, No. 8 April 13, 2007 Contents Act Reg. No. Page Dispensing Opticians Act D i s p e n s i n g O p t i c i a n s R e g u l a t i o n s – a m e n d m e n t..................................191/2007 399 Environment Act O n - s i t e S e w a g e D i s p o s a l S y s t e m s R e g u l a t i o n s ..................................194/2007 403 Financial Measures

(2004) Act Proclamation, S. 50(8), S.N.S. 2004, c. 3–S. 6 to 15 .............................. 197/2007 423 Financial Measures

(2006) Act Proclamation, S. 63(1), S.N.S. 2006, c. 2–S. 59 to 62 ............................. 198/2007 424 Justice Administration Amendment

(2006) Act Proclamation, S. 20, S.N.S. 2006, c. 15–S. 7 and 8 ............................... 192/2007 400 Labour Standards Code Proclamation of amendments to Act, S. 4, S.N.S. 2006, c. 32 ....................... 193/2007 401 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 ..................................186/2007 319 Off-highway Vehicles Act Off-highway Vehicles Designated Trails and Trail Permits Regulations–amendment .... 188/2007 395 Off-highway Vehicles General Regulations–amendment .......................... 187/2007 393 Off-highway Vehicles Safety and Training Regulations–amendment ................ 189/2007 395 – a m e n d m e n t ........................................................... 190/2007 398 Petroleum Products Pricing Act Prescribed Petroleum Products Prices ......................................... 184/2007 313

312 © NS Registry of Regulations. Web version. Table of Contents (cont.) Royal Gazette

Part II - Regulations Vol. 31, No. 8 Registry Act D o c u m e n t S u b m i s s i o n R e g u l a t i o n s ........................................... 185/2007 315 Revenue Act R e v e n u e A c t R e g u l a t i o n s – a m e n d m e n t ........................................ 195/2007 421

Summary Proceedings Act S u m m a r y O f f e n c e T i c k e t s R e g u l a t i o n s – a m e n d m e n t ..............................199/2007 425 – a m e n d m e n t ........................................................... 200/2007 428 – a m e n d m e n t ........................................................... 201/2007 429 Tobacco Access Act Proclamation of amendments to Act, S. 7, S.N.S. 2006, c. 47 ...................... 196/2007 421 Wildlife Act Grassy Island Wildlife Management Area Designation ............................ 202/2007 432 Grassy Island Wildlife Management Area Regulations ............................ 203/2007 434 T h e B r o t h e r s I s l a n d s W i l d l i f e M a n a g e m e n t A r e a D e s i g n a t i o n ......................204/2007 435 T h e B r o t h e r s I s l a n d s W i l d l i f e M a n a g e m e n t A r e a R e g u l a t i o n s ......................205/2007 437 In force date of regulations: As of March 4, 2005*, the date a regulation comes into force is determined by subsection 3(6) of the Regulations Act.

The date a regulation is made, the date a regulation is approved, the date a regulation is filed and any date specified in a regulation are important to determine when the regulation is in force. *Date that subsections 3(6) and (7) and Sections 11 and 13 of the Regulations Act and amendments to the Regulations Act made by

Chapter 46 of the Acts of 2004 were proclaimed in force.

N.S. Reg. 184/2007 Royal Gazette

Part II - Regulations Vol. 31, No. 8 © NS Registry of Regulations. Web version. 313 N.S. Reg. 184/2007 Made: March 22, 2007 Filed: March 26, 2007 Prescribed Petroleum Products Prices Order dated March 22, 2007 made by the Minister of Service Nova Scotia and Municipal Relations pursuant to

Section 14 of the Petroleum Products Pricing Act In the Matter of

Section 14 of

Chapter 11 of the Acts of 2005 the Petroleum Products Pricing Act - and - In the Matter of Sections 14 to 18 of the Petroleum Products Pricing Regulations made by the Governor in Council pursuant to

Section 14 of the Petroleum Products Pricing Act - and - In the Matter of an Order Prescribing Prices for Petroleum Products made by the Minister of Service Nova Scotia and Municipal Relations pursuant to

Section 14 of the Petroleum Products Pricing Act and Sections 14 to 18 of the Petroleum Products Pricing Regulations Order I, Jamie Muir, Minister of Service Nova Scotia and Municipal Relations for the Province of Nova Scotia, pursuant to

Section 14 of

Chapter 11 of the Acts of 2005, the Petroleum Products Pricing Act, and Sections 14 to 18 of the Petroleum Products Pricing Regulations, hereby (

a) repeal the Order dated March 8, 2007, which prescr ibed prices for petroleum products in the Province effective on and after 12:01 a.m. on March 9, 2007; and (

b) prescribe prices for petroleum products in the Pr ovince as set forth in the tables in

Schedule “A”. This Order is effective on and after 12:01 a.m. on March 23, 2007. Made at Halifax, in the Halifax Regional Municipality, Nova Scotia, on March 22, 2007. Sgd.: Jamie Muir Honourable Jamie Muir Minister of Service Nova Scotia and Municipal Relations

N.S. Reg. 184/2007 Royal Gazette

Part II - Regulations Vol. 31, No. 8 314 © NS Registry of Regulations. Web version.

Schedule “A” Prices Prescribed for Petroleum Products under the Petroleum Products Pricing Act and the Petroleum Products Pricing Regulations effective on and after 12:01 a.m. on March 23, 2007 Table 1: Benchmark Prices for Regulated Petroleum Products (cents/litre) Regular unleaded gasoline 61.4 Mid-grade unleaded gasoline 64.4 Premium unleaded gasoline 67.4 Ultra low-sulfur diesel oil 56.5 Table 2: Fixed Wholesale Prices, Retail Mark-ups and Retail Prices for Regulated Petroleum Products (cents/litre) Retail Mark-up Retail Price (includes all taxes) Self-Service Full-Service Self-Service Full-Service Fixed Wholesale Price (excludes GST) Min Max Min Max Min Max Min Max Zone 1 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra Low-Sulfur Diesel 93.2 96.2 99.2 82.2 4.0 4.0 4.0 4.0 5.5 5.5 5.5 5.5 4.0 4.0 4.0 4.0 7.5 7.5 7.5 7.5 110.8 114.2 117.6 98.3 112.5 115.9 119.4 100.0 110.8 114.2 117.6 98.3 114.8 118.2 121.6 102.3 Zone 2 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra Low-Sulfur Diesel 93.6 96.6 99.6 82.6 4.0 4.0 4.0 4.0 5.5 5.5 5.5 5.5 4.0 4.0 4.0 4.0 7.5 7.5 7.5 7.5 111.3 114.7 118.1 98.7 113.0 116.4 119.8 100.4 111.3 114.7 118.1 98.7 115.3 118.7 122.1 102.7 Zone 3 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra Low-Sulfur Diesel 94.1 97.1 100.1 83.1 4.0 4.0 4.0 4.0 5.5 5.5 5.5 5.5 4.0 4.0 4.0 4.0 7.5 7.5 7.5 7.5 111.8 115.3 118.7 99.3 113.5 117.0 120.4 101.0 111.8 115.3 118.7 99.3 115.8 119.2 122.7 103.3 Zone 4 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra Low-Sulfur Diesel 94.1 97.1 100.1 83.1 4.0 4.0 4.0 4.0 5.5 5.5 5.5 5.5 4.0 4.0 4.0 4.0 7.5 7.5 7.5 7.5 111.8 115.3 118.7 99.3 113.5 117.0 120.4 101.0 111.8 115.3 118.7 99.3 115.8 119.2 122.7 103.3 Zone 5 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra Low-Sulfur Diesel 94.1 97.1 100.1 83.1 4.0 4.0 4.0 4.0 5.5 5.5 5.5 5.5 4.0 4.0 4.0 4.0 7.5 7.5 7.5 7.5 111.8 115.3 118.7 99.3 113.5 117.0 120.4 101.0 111.8 115.3 118.7 99.3 115.8 119.2 122.7 103.3

N.S. Reg. 184/2007 - 185/2007 Royal Gazette

Part II - Regulations Vol. 31, No. 8 © NS Registry of Regulations. Web version. 315 Zone 6 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra Low-Sulfur Diesel 94.9 97.9 100.9 83.9 4.0 4.0 4.0 4.0 5.5 5.5 5.5 5.5 4.0 4.0 4.0 4.0 7.5 7.5 7.5 7.5 112.7 116.2 119.6 100.2 114.5 117.9 121.3 101.9 112.7 116.2 119.6 100.2 116.7 120.2 123.6 104.2 N.S. Reg. 185/2007 Made: March 23, 2007 Filed: March 26, 2007 Document Submission Regulations Order dated March 23, 2007 made by the Minister of Service Nova Scotia and Municipal Relations pursuant to

Section 48 of the Registry Act In the Matter of

Section 48 of

Chapter 392 of the Revised Statutes of Nova Scotia, 1989, the Registry Act - and - In the Matter of the Document Submission Regulations made by the Minister of Service Nova Scotia and Municipal Relations under

Section 48 of the Registry Act Order I, Jamie Muir, Minister of Service Nova Scotia and Municipal Relations for the Province of Nova Scotia, under

Section 48 of

Chapter 392 of the Revised Statutes of Nova Scotia, 1989, the Registry Act, am pleased, effective April 3, 2007, to make new regulations respecting submission of prescribed information under the Registry Act in the form attached as

Schedule “A”. Dated and made at Halifax, Halifax Regional Municipality, Nova Scotia, March 23, 2007. Sgd.: Jamie Muir Honourable Jamie Muir Minister of Service Nova Scotia and Municipal Relations

Schedule “A” Regulations Respecting Document Submission made under

Section 48 of

Chapter 392 of the Revised Statutes of Nova Scotia, 1989, the Registry Act Citation 1 These regulations may be cited as the Document Submission Regulations.

Definitions 2 In these regulations,

N.S. Reg. 185/2007 Royal Gazette

Part II - Regulations Vol. 31, No. 8 316 © NS Registry of Regulations. Web version. (a) “Act” means the Registry Act; (b) “document” means writing, a plan, a map or an y information in a form that can be converted into writing, a plan or a map by a machine or a device, and includes information (

i) on microfilm, (ii) in electronic, mechanical or magnetic storage, or (iii) in electronic data signals; Document submission requirements 3 Every document submitted under the Act for filing or recording must be submitted together with the form prescribed for that purpose in

Section 4, with all required fields completed. Prescribed forms 4 The following forms are prescribed to be used on submission of documents under the Act for the following purposes: (

a) Form 44, to register documents that do not trigger parcel registration under the Land Registration Act; (

b) Form 44A, to register documents that are pe rmitted to be registered under the transitional provisions of the Land Registration General Regulations; (

c) Form 44B, to register documents under a conve rsion agreement as permitted in

Section 46A of the Land Registration Act; and (

d) Form 44E, to electronically submit documents th at do not trigger parcel registration under the Land Registration Act.

Form 44 Request to the Registrar of Deeds to Register a Document Registration district: _____________________________ Submitter’s name: ___________________________ Take notice that the attached document relates to a parcel that is not registered under the Land Registration Act, and the document may be accepted for registration under the Registry Act because it is (select one only) 9 not a transfer for valuable consideration 9 not a mortgage or security interest as defined in the Land Registration Administration Regulations. 9 a transfer of a parcel between persons married to one another 9 a transfer of a parcel between persons formerly married to one another, if the transfer is for the purpose of division of matrimonial assets. 9 [a] transfer of a parcel between persons who are parties to a registered domestic partnership agreement. 9 a transfer of a parcel acquired by Her Majesty in right of the Province or a municipality for the purpose of road widening, alignment or movement. 9 a deed to a predecessor in title being registered in order to feed the estoppel or clarify title. 9 a transfer of an unregistered piece of land that is being created as a parcel under the subdivision provisions of

Part IX of the Municipal Government Act solely for purposes of consolidation with an abutting unregistered parcel.

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Part II - Regulations Vol. 31, No. 8 © NS Registry of Regulations. Web version. 317 9 a transfer of a parcel from the Nova Scotia Farm Loan Board to a borrower under the Agriculture and Rural Credit Act. 9 any other instrument not mentioned above that is not required to be registered or recorded under the Land Registration Act I hereby request that this document be registered under the Registry Act.

Dated at _________________________, in the County of ___________________, Province of Nova Scotia, __________________________________, 2_______. __________________________________ Signature of submitter Name: _________________________ Address: _________________________ _________________________ Phone: _________________________ E-mail: _________________________ Fax: _________________________ Form 44A Transitional Exemptions to Land Registration Land Registration General Regulations,

Section 8 Registration district: ______________________________ Submitter’s user number: ___________________________ Submitter’s name: ___________________________ Grantor/declarant/developer re: attached document: __________________________ In the matter of

Section 8 of the Land Registration General Regulations; And in the matter of a non-family subdivision resulting in 3 or more parcels, if the plan of subdivision was submitted to the municipality for final approval before the coming into force of the Act in this registration district: Take notice that the above-noted subdivision was submitted for final approval on ___________, 2____, which was before the coming into force of the Act in this registration district.

Dated at ________________, in the County of ___________________, Province of Nova Scotia, _____________________, 2_______. _____________________________ Signature of submitter Name: _________________________ Address: _________________________ _________________________ Phone: _________________________ E-mail: _________________________ Fax: _________________________

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Part II - Regulations Vol. 31, No. 8 318 © NS Registry of Regulations. Web version. Form 44B

Section 46A Land Registration Act Certificate of the Registrar General Registration district: _______________________ In the matter of an agreement under

Section 46A of the Land Registration Act that was entered into between _____________________________ and the Minister of Service Nova Scotia and Municipal Relations and executed on _______________________, 2____: I hereby certify that the attached instrument may be registered under the Registry Act in accordance with the terms of the agreement.

Dated at ____________________, in the County of ______________________, Province of Nova Scotia, ___________________, 2_______. ___________________________ Signature of Registrar General Form 44E Request to the Registrar of Deeds to Register a Document Registry Act, R.S.N.S. 1989, c. 392, Sections 47 and 48 Registration District: User Reference: Submitter’s Name; IN THE MATTER OF

Section 37 or 46 of the Land Registration Act : TAKE NOTICE THAT the attached document relates to a parcel that is not registered under the Land Registration Act, and the document may be accepted for registration under the Registry Act because it is: not a transfer of an equitable or legal title of a fee simple estate, life estate or remainder interest that the affidavit filed pursuant to the Municipal Government Act discloses is made for a sale price or for value as referred to in clause 46(1)(

a) of the Land Registration Act. 1. The following Grantee(s) (new owners) have been re quested to be added to the Grantor/Grantee Index: Instrument Type: Deed Grantee(

s) requested to be Added: Mailing Address of Grantee[(s)]: 2. The following Grantor(s) (previous owners) have been requested to be added to the Grantor/Grantee Index:

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Part II - Regulations Vol. 31, No. 8 © NS Registry of Regulations. Web version. 319 Apparent PID (if applicable): Grantor[(s)] requested to be added: Document Registration/Recording Fee Exempt?: I certify that: • An electronic copy of the duly executed original instru ment is attached to this request in accordance with the Land Registration Administration Regulations. Digitally signed by NOTE: Standard indexing rules or naming conventions will be applied to this document during the document indexing process. As a result, the names of the grantor(

s) and grantee(

s) as they appear in the Grantor-Grantee Index may not be identical to the names as they appear in this submission. N.S. Reg. 186/2007 Made: March 23, 2007 Filed: March 26, 2007 Land Registration Administration Regulations Order dated March 23, 2007 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 under

Section 94 of the Land Registration Act Order I, Jamie Muir, Minister of Service Nova Scotia and Municipal Relations for the Province of Nova Scotia, under

Section 94 of

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

a) effective April 3, 2007: (

i) to repeal the Land Registration Administration Regulations, N.S. Reg. 225/2004 made by the Minister of Service Nova Scotia and Municipal Relations on November 8, 2004, and

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Part II - Regulations Vol. 31, No. 8 320 © NS Registry of Regulations. Web version. (ii) to make new regulations respecting land registration administration in the form attached as

Schedule “A”. Dated and made at Halifax, Halifax Regional Municipality, Nova Scotia, March 23, 2007. Sgd.: Jamie Muir Honourable Jamie Muir Minister of Service Nova Scotia and Municipal Relations [Please note that we have not published the Table of Contents that was filed with this regulations.]

Schedule “A” Regulations Respecting Administration of the Land Registration Act made by the Minister of Service Nova Scotia and Municipal Relations under

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) “AFR” means an application for registra tion in accordance with

Section 37 of the Act; (c) “authorized lawyer” means a qualified solicito r who is subject to the Property Online user agreement and pre-authorized debit agreements required under

Section 3; (d) “authorized lender” means a chartered ba nk, trust company, credit union or Provincial government lender that is subject to the Property Online user agreement and pre-authorized debit agreements required under

Section 3; (e) “authorized surveyor” means a practicing Nova Scotia Land Surveyor who is subject to the Property Online user agreement and pre-authorized debit agreement required under

Section 3; (f) “benefit” means an appurtenance to a regist rable or registered interest in a parcel; (g) “burden” means a restriction or limitation on the use and enjoyment of a parcel that attaches to a registrable or registered interest in a parcel; (h) “Department” means the Department of Se rvice Nova Scotia and Municipal Relations; (i) “dual-purpose document” means a single document that affects 2 or more parcels, 1 or more of which is registered under the Act; (j) “electronic document submission” means submission of a document using Property Online; (k) “Land Information Network–Nova Scotia” or “LINS–NS” means the Province’s electronic database in which all land-related information and documents under the Act and the Registry Act are maintained;

N.S. Reg. 186/2007 Royal Gazette

Part II - Regulations Vol. 31, No. 8 © NS Registry of Regulations. Web version. 321 (l) “parcel description certification application” or “PDCA” means an application in accordance with

Section 7 to have the parcel identification number of the parcel certified by the registrar as matching the legal description of the parcel, as required by clause 37(4)(

g) of the Act; (m) “PID” means parcel identification number; (n) “Property Online” means the Province’s online r eal property information system that provides Internet browser-based query access to Provincial mapping and other land-related information and electronic access for the submission of documents under the Act and the Registry Act; (o) “registration and recording particulars of a document” means the year the document was registered or recorded and the document number or the book and page reference for the document; (p) “short form legal description” means a legal description that describes a parcel by referring to a plan of survey or subdivision that has been registered with an instrument under the Registry Act, filed under the Registry Act, or registered or recorded under the Act by setting out (

i) the unique identifier for the parcel on the plan, (ii) the document number or plan reference for the plan as assigned by the land registration office, and (iii) the registration district where the parcel is located; and (q) “user number” means the unique identification number given to a Property Online user for the purpose of document submission.

(2) For the purposes of the Act, (a) “addresses of the parties” in subsection 67(1) of the Act means a complete address by which a person is able to receive information, including notices, by mail; (b) “mortgage” in subsection 37(3) of the Ac t and clause 46(1)(

c) of the Act includes any amendment to a mortgage or agreement with the lender that increases the amount of the obligation secured, increases the amount available for borrowing under a mortgage, 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, or (iv) an advance on an existing security interest that secures present and future advances up to the original principal amount secured; (c) “municipality” has the same meaning as in the Municipal Government Act; (d) “non-resident” means (

i) in the case of an individual, a person who resides outside of the Province for 183 days or

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Part II - Regulations Vol. 31, No. 8 322 © NS Registry of Regulations. Web version. more in a calendar year, and includes a person who intends to so reside in the present or next ensuing calendar year, (ii) in the case of a body corporate, a body corporate (

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

B) in which the majority of the issued and outstanding shares are beneficially owned by 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); (e) “person’s name” in subsection 66(8) of the Act means (

i) if a parcel is registered under the Act, the name of the registered owner of the registered interest as shown in the parcel register, (ii) if a parcel is not registered under the Ac t, the name shown on the relevant instrument registered under the Registry Act; and (f) “Provincial mapping” means the system of geographical representation of parcels created and maintained as part of the land registration system established under the Act. Property Online 3

(1) Property Online is prescribed as the system through which persons authorized in this

Section may query information or submit documents that are registered or recorded under the Act.

(2) LIN–NS is prescribed as the system in which all documents that are registered or recorded under the Act are maintained.

(3) An authorized lawyer must (

a) be a party to a Property Online authorized lawy er user agreement with the Minister, which is in effect; and (

b) be authorized under a Property Online pre-aut horized debit agreement between their law firm and the Minister, which is in effect.

(4) An authorized lender must be a party to a Property Online authorized lender user agreement and a Property Online pre-authorized debit agreement with the Minister, which are in effect.

(5) If an authorized lawyer or authorized lender uses a separate debit account for payment of electronic document submission fees, an additional pre-authorized debit agreement must be in effect, as applicable.

(6) An authorized surveyor must be a party to a Property Online parcel certification user agreement and a Property Online pre-authorized debit agreement with the Minister, which are in effect.

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(7) Subject to subsection (8), in order to query information in Property Online, a person must be subject to a Property Online query user agreement and pre-authorized debit agreement with the Minister, which are in effect.

(8) At a land registration office, a person may query information in Property Online, upon payment of the fee prescribed under the Land Registration General Regulations. Prescribed Forms 4( 1 ) The following forms are prescribed to be used in the administration of the Act for the following purposes: (

a) Form 1, to request a PID assignment; (

b) Form 2, to submit a PDCA electronically or to amend the legal description in a parcel register electronically; (

c) Form 5, to provide a declaration by each regist ered owner of a parcel regarding their residency status and any occupation of the parcel without permission; (

d) Form 6, to submit an AFR electronically; (

e) Form 6A, to correct errors in a previously submitted certificate of legal effect; (

f) Form 8, to provide notice to a parcel ow ner as required under Sections 13, 14, 15, and 17; (

g) Form 8A, to register notice under the Registry Act as required under

Section 13; (

h) Form 9, to provide notice to an occupier or the most recent owner as shown on the consolidated index, as applicable, under subsections 10(9) and 10(10); (

i) Form 10, to provide notice of crystallization of a floating charge in a debenture which affects a parcel registered under the Act; (

j) Form 13, to record a provincial statutory lie n or other charge in accordance with subsections 3(3) and (4) of the Act; (

k) Form 14, to record a discharge of a provincial statutory lien or other charge; (

l) Form 15, to provide notice requiring the registra r to cancel the recording of a security interest in accordance with subsection 60(2) of the Act; (

m) Form 15A, to provide notice as required under S ection 63 of the Act, requiring the registrar to cancel the recording of a recorded interest or judgment that is recorded in a parcel register and to provide proof of service of the notice to the interest holder; (

n) Form 16, to renew the recording of a judgmen t in accordance with subsection 66(5) of the Act; (

o) Form 17, to request rectification of a regist ration and provide a certificate of legal effect, in accordance with

Section 18; (

p) Form 19, to record a notice or certificate of lis pendens against a parcel registered under the Act in accordance with subsection 18(16) and

Section 58 of the Act;

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q) Form 20, to update the name or address of a judgment debtor in accordance with subsection 25(3); (

r) Form 21, to register a change of name of an owner of an interest in a parcel registered under the Act or to remove a deceased joint tenant as owner of a parcel registered under the Act, in accordance with Sections 22 and 27 of the Act, or to correct the misspelling of the name of an owner of an interest in a parcel registered under the Act; (

s) Form 22, to change the mailing address in a parcel register of a registered owner or recorded interest holder, or occupier of lands owned by the Nova Scotia Farm Loan Board; (

t) Form 24, to request or direct revision of a re gistered interest and appurtenant interests and other interests and information in accordance with subsection 18(13) and Sections 29 to 32 of the Act; (

u) Form 26, to record an interest in a parcel registered under the Act, in accordance with

Section 47 of the Act, or to record a power of attorney or revocation of a power of attorney; (

v) Form 27, to request cancellation of a recorded interest; (

w) Form 28, to record a plan, boundary line agreem ent, statutory declaration regarding a deemed consolidation under

Section 268A of the Municipal Government Act, instrument of subdivision or repeal of subdivision, condominium declaration, condominium plan, initial condominium bylaws, or termination of condominium, relating to a parcel registered under the Act; (

x) Form 30, to issue a certificate of registered ownership, in accordance with subsection 13(5) of the Act; (

y) Form 45, to confirm, delete and amend, as necessary, the interests and textual qualifications that have been placed in a parcel register on subdivision, and to add the access type for the parcel, in accordance with subsection 23(2) of the Act and

Section 9; (

z) Form 46, to record a certificate of judgment in the judgment roll; (aa) Form 47, to record a certificate of satisf action relating to a judgment in the judgment roll; (bb) Form 48, to record a full or partial release of a judgment in the judgment roll; (cc) Form 48A, to cancel the recording of a judgment or a judgment-related document in a parcel register with a document other than a discharge of judgment; (dd) Form 48B, to record a judgment-related documen t in the judgment roll and, if applicable, in a parcel register; (ee) Form 49, to correct an error in a request to record or request to cancel the recording of an interest; (ff) Form 50, to update a parcel register to transf er an unregistered tenant in common interest in accordance with subsection 24(3); and (gg) Forms 24E, 26E, 27E, 46E, and 47E, for electronic document submission, for the same purposes as Forms 24, 26, 27, 46, and 47, respectively.

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(2) If a form prescribed in this

Section contains a certificate of legal effect, the certificate must be signed by an authorized lawyer.

(3) Directions and explanations included in a form prescribed in this

Section are binding but may be deleted when a form is submitted for filing, registering or recording at a land registration office.

(4) The place of execution or a jurat contained in a form prescribed in this

Section may be altered to suit the circumstances prevailing at the time the form is executed.

(5) Any reference to location or place of residence in the Province contained in a form prescribed in this

Section may be altered to suit the circumstances prevailing at the time the form is executed.

(6) Except as provided in subsection (7), if a parcel is owned by more than one person, (

a) any registered owner; or (

b) any person who is entitled to be registered as an owner of the registrable interest in the parcel may sign and submit a form that is required to be signed by the owner or registered owner of the parcel.

(7) Subject to subsection 10(7), Form 5 must be signed by every owner of a registered interest in the parcel that is described in the form. Document Submission Requirements 5( 1 ) A document that is submitted for registration or recording must be submitted together with the form prescribed for that purpose in

Section 4, with all required fields completed, and the fee prescribed under the Land Registration General Regulations, if any.

(2) The submitter is responsible for the accuracy of all of the information required under subsection (1) and the registrar is entitled to rely on the information submitted upon processing a document for registration or recording.

(3) A document attachment or plan that is submitted non-electronically for registration or recording and that is larger than 11 in. x 17 in. must be submitted together with a duplicate original copy or a copy that has been certified to be a true copy of the original by a person authorized under the Act to sign a certificate of execution.

(4) A dual-purpose document that is submitted non-electronically for registration or recording must be submitted together with a copy, or copies, as applicable, that have been certified to be a true copy of the original by a person authorized under the Act to sign a certificate of execution.

(5) Documents that are submitted for registration under the Registry Act must be submitted separately from documents that are submitted for registration or recording under the Act, and payment of registration fees under the Registry Act must be made separately from payment of fees for registration or recording under the Act.

(6) In order to record a plan of subdivision as exempt from the approval requirements under the Municipal Government Act, the submitter must provide a clear statement of the exemption relied upon and the facts that support the exemption and provide evidence of the consent of the registered owner, either on the face of the plan or in an attached affidavit.

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(7) A document that relates to a parcel registered under the Act must incorporate the legal description for the parcel by stating (

a) the full text of the legal description as set out in the parcel register; (

b) the short form legal description as set out in the parcel register; or (

c) the PID for the registered parcel, as at the date of registration or recording.

(8) A document that is submitted non-electronically for registration or recording (

a) must be typewritten in an ink that is not green or red and that remains visible when photocopied or scanned; and (

b) must remain legible when photocopied or scanned. Electronic Document Submission 6( 1 ) To the extent permitted by Property Online, an authorized lawyer may submit a document electronically for registration or recording in a roll or register which has been established under the Act.

(2) To the extent permitted by Property Online, an authorized lender may submit a mortgage or a release of mortgage electronically for recording with respect to a parcel that has been registered under the Act.

(3) Except where the Act or the regulations state otherwise, a document submitted electronically and in accordance with the Act and the regulations has the same effect for all purposes as a document that is submitted non-electronically and in accordance with the Act and the regulations.

(4) Subject to Property Online availability, a document may be submitted electronically at any time in accordance with the regulations, but is processed during the hours the land registration office is open to the public.

(5) A document that is submitted electronically must be reviewed by the registrar prior to registration or recording, and is subject to the registration and recording requirements of the Act and regulations.

(6) Once it has been registered or recorded, a document submitted electronically is deemed to have been received and indexed by the registrar at the time of submission.

(7) Electronic submission of a document is effected by submitting electronically (

a) the form prescribed for that purpose in S ection 4, with all required fields completed; (

b) a scanned copy of the duly executed a ffidavit of value, if required under the Municipal Government Act; and (

c) a scanned copy of the duly executed original document in portable document format, no larger than 4 megabytes (MB).

(8) The authorized lawyer or authorized lender who submits a document electronically is responsible for the creation, quality and completeness of the electronic image of the document.

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(9) The authorized lawyer or authorized lender who submits a document electronically is required to retain either an original or true copy of the executed document and make it available for review by the Registrar General upon request and, if an authorized lawyer, for audit by the Nova Scotia Barristers’ Society. Parcel Description Certification Application (PDCA) and Application to Amend Legal Description 7( 1 ) Subject to subsection (3), a PDCA and an application to amend a legal description must be submitted electronically in Form 2.

(2) All of the provisions of this

Section which apply to a PDCA also apply to an application to amend a legal description, to the extent that they relate to the amendment.

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

a) the PDCA in Form 2 must be submitted electr onically and the legal description must be sent to the land registration office as a text file attached to an e-mail; (

b) a statement that the legal description is being submitted by e-mail must be inserted into the legal description field on the PDCA; and (

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

(4) Subject to subsection (5), a PDCA must be submitted by (

a) an authorized lawyer; or (

b) an authorized surveyor, who, except as provided in subsection (6) and Sections 13 to 17, is authorized in writing by the parcel owner.

(5) If an authorized submitter has confirmed the information contained in the statement of compliance on the PDCA, staff of an authorized submitter may submit the PDCA on behalf of the authorized submitter.

(6) Submission of a PDCA may be authorized by a person other than the owner of a parcel when the authorizing person (

a) is the mortgagee of a parcel and the owner of the parcel has refused to register title to the parcel; or (

b) is a mortgagee who is the plaintiff in a forecl osure action respecting the parcel, or a receiver or trustee by way of assignment in bankruptcy or otherwise and has authority to act by virtue of a court order, debenture or other document, and the document evidencing the authority has been recorded under the Act or registered under the Registry Act.

(7) Subject to subsection (8), before an AFR in final form is submitted, the PDCA submitter must assist the parcel owner or authorizing person under subsection (6) in identifying the parcel’s PID and take reasonable steps to identify the parcel, including (

a) reviewing the legal description;

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b) reviewing Provincial mapping of the parcel; (

c) placing a comment in the comments field if errors in the Provincial mapping of the parcel are identified. (8) Subsection (7) does not apply in respect to a parcel that is a condominium unit.

(9) If a PID has not been assigned to a parcel in Provincial mapping, the parcel owner must make a request for PID assignment in Form 1 and provide such information as will enable the preparation of a geographical representation of the parcel in Provincial mapping before submitting a PDCA.

(10) Unless the description is for a unit as defined in the Condominium Act, every legal description submitted to a registrar must be accurate and complete and must contain (

a) a description of the location, boundaries and extent of the parcel (

i) in full text, or (ii) by reference to a unique identifier on either a plan of survey or subdivision, that has been (

A) registered with an instrument under the Registry Act, (

B) filed under the Registry Act, or (

C) registered or recorded under the Act; (

b) a description of all benefits, burdens and a ll parcels excepted out of the legal description (

i) in full text, (ii) by reference to a unique identifier on either a plan of survey or subdivision, that has been (

A) registered with an instrument under the Registry Act, (

B) filed under the Registry Act, or (

C) registered or recorded under the Act, or (iii) by reference to the registration or recording particulars of a document that has been registered or recorded under the Registry Act or the Act, if the document contains a description in full text; (

c) all information pertinent to the use of easements (

i) in full text, or (ii) by reference to the registration or recording particulars of a document that has been registered or recorded under the Registry Act or the Act, if the document contains the usage details in full text;

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d) a statement that the parcel complies with, is exempt from, or is not subject to the subdivision provisions of

Part IX of the Municipal Government Act; and (

e) if exempt from or not subject to the subdivision provisions of

Part IX of the Municipal Government Act, a statement of the exemption relied upon and the facts supporting the exemption, or an explanation of why the parcel is not subject to the subdivision provisions, as applicable.

(11) When the legal description submitted for PDCA approval relates to a unit as defined in the Condominium Act, the description must be accurate and complete but must contain only (

a) the name of the county where the condominium corporation is situate, together with the condominium corporation number as assigned by the registrar of condominiums; (

b) the description for the unit as detailed in the condominium description on file with the registrar of condominiums; (

c) a benefit, using the following wording: “t ogether with the common interest appurtenant thereto”; and (

d) a burden, using the following wording: “subject to the Declaration and By-Laws ( remove reference to By-Laws if none have been registered) of (insert condominium corporation name and number)”.

(12) If a legal description submitted in a PDCA makes reference to a plan of survey or approved plan of subdivision that is not registered or recorded in the land registration office, the PDCA submitter must (

a) forward a copy of the referenced plan of survey or approved plan of subdivision to the registrar for recording in the parcel register once created; or (

b) include detailed reasons with the PDCA wh y the plan of survey or approved plan of subdivision cannot be located or obtained by the submitter.

(13) If the legal description of a registered parcel must be amended as the result of the creation of a plan of survey or the approval of a plan of subdivision affecting the parcel, the registered owner of the parcel, or a municipal development officer, as applicable, (

a) must record the plan upon which the legal descr iption is based in the parcel register; and (

b) may use a short form legal description as the amended legal description.

(14) A registrar may conditionally approve a PDCA subject to a correction of the legal description by the PDCA submitter.

(15) An AFR of a parcel may not be submitted in final form in accordance with clause 10(2)(

b) until the submitter has submitted an application to amend the legal description if required by the registrar.

(16) Subject to subsection (17) 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.

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(17) If, after considering the nature and use of both a watercourse and the land through which it flows, a PDCA submitter 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 parcel owner must make a request for PID assignment in Form 1 and provide such information as will enable the preparation of an electronic geographical representation of the parcel before making a PDCA. Creation of Legal Description on Subdivision 8( 1 ) If a parcel registered under the Act is subsequently subdivided, a legal description must be created for each subdivided parcel and the remainder lands.

(2) The registrar may (

a) create a short form legal description for one or more of the subdivided parcels and the remainder lands if the details shown on the plan of survey or approved plan of subdivision for a parcel referred to in subsection (1) are sufficient; or (

b) require the registered owner of the parcel refe rred to in subsection (1) to submit the full text of the information required in subsection 7(10) by submitting a PDCA under subsection 7(1) for each subdivided parcel and the remainder lands. Amendment of Legal Description and Parcel Register on Subdivision or Condominium Unit Creation 9 The registered owner of a parcel registered under the Act which is created by subdivision or registration of a condominium declaration must file (

a) a Form 45 confirming, deleting and amending, as necessary, the interests, textual qualifications and parcel access type that have been placed in the parcel register under subsection 23(2) of the Act; and (

b) an amendment of the legal description fo r the parcel in Form 2, as applicable, before submission of an application to revise the registered owner of the parcel. Application for Registration (AFR) 10

(1) An AFR must be submitted by an authorized lawyer who, except as provided in subsection (5), is authorized to do so by the parcel owner.

(2) An AFR must be submitted electronically in Form 6 (

a) in draft form for preliminary approval by the registrar; and (

b) in final form, after receipt of the preliminary approval of the registrar.

(3) An AFR submitted in final form under clause (2)(b) (

a) contains and satisfies the requirements under clause 37(4)(b), (ba), (

f) and (

g) of the Act; (

b) registers title to the parcel under the Act; and (

c) creates the parcel register for the parcel at the time the application is submitted.

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(4) A reference in the AFR to the book and page in the registry of deeds for the document that most recently conveyed the registrable interest 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.

(5) Submission of an AFR and any forms associated with the application may be authorized by a person other than the owner of a parcel if the authorizing person (

a) is the mortgagee of a parcel and the owner of the parcel has refused to register title to the parcel; (

b) is a non-owner who has permission from the owner to act in the place of the owner, and the document evidencing the permission has been recorded under the Act or registered under the Registry Act; (

c) is a mortgagee who is the plaintiff in a foreclosure action respecting the parcel, or a receiver or trustee by way of assignment in bankruptcy or otherwise and has authority to act by virtue of a court order, debenture or other document, and the document evidencing the authority has been recorded under the Act or registered under the Registry Act; or (

d) is a person who has authority to act by virtue of a court order, debenture or other document, and the document evidencing the authority has been recorded under the Act or registered under the Registry Act.

(6) The authorized lawyer who submits an AFR in final form under clause (2)(

b) must complete, retain and make available for review by the Registrar General upon request and audit by the Nova Scotia Barristers’ Society, the following items: (

a) written authorization to submit [the] PDCA and/or AFR, if the submitting lawyer does not have a solicitor-client relationship with the owner of the parcel being registered; (

b) an owner’s declaration regarding occupation of parcel and residency status, in Form 5; (

c) a copy of the notice of parcel registration, in Form 9, together with proof of service in accordance with

Section 29, if applicable; (

d) a copy of the Statement of Registered and Reco rded Interests that was sent electronically to the submitting lawyer upon submission of the AFR in final form, that has been signed by the authorized lawyer who submitted the AFR; (

e) a copy of the official report for the lega l description from the parcel description database in Property Online; and (

f) a copy of the abstract of title upon which th e submitting lawyer’s certified opinion of title is based showing the chain of ownership of the parcel.

(7) An owner’s declaration in Form 5 may be executed by an authorized lawyer or authorized surveyor, if the authorized lawyer or authorized surveyor is able to execute the declaration based on (

a) personal knowledge of the facts; or (

b) information received from the current or previous owner.

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(8) If a person executing an owner’s declaration in Form 5 is an authorizing person under subsection (5), the Form 5 may indicate that the person executing the Form 5 has no personal knowledge regarding occupancy of the parcel.

(9) If an owner’s declaration regarding occupation in Form 5 discloses the existence of occupation without permission, the parcel owner must (

a) immediately after submitting the AFR in final form, provide a notice of parcel registration in Form 9 to the occupier indicating that an AFR of the parcel has been made; and (

b) submit a copy of the notice to the occupier in Form 9 to the Registrar General, together with proof of service in accordance with

Section 29.

(10) If a parcel’s ownership is registered in whole or in part on the basis of adverse possession, a notice of registration in Form 9 must be sent (

a) if practicable, in accordance with subsection 30(1) to the last known owner, prior to the applicant, of the parcel as shown on the consolidated index that is maintained under the Registry Act; or (

b) if not practicable, to such persons and in such manner as the Registrar General directs under subsection 30(2).

(11) A copy of the notice in accordance with subsection (10), together with proof of service in accordance with

Section 29, must be retained and made available for review by the Registrar General upon request or audit by the Nova Scotia Barristers’ Society by the authorized lawyer who submitted the AFR.

(12) If at any time after registration of title to a parcel, a registered owner becomes aware that the declaration required under clause (6)(

b) was not accurate, he shall without delay complete a new Form 5, provide notice in Form 9 to any occupier and submit a copy of the notice and proof of service to the Registrar General, as required by subsection (9). Registration of Condominium Units 11

(1) An AFR for a unit as defined in the Condominium Act must include (

a) a benefit, using the following wording: “t ogether with the common interest appurtenant thereto”; (

b) a burden, using the following wording: “subject to the Declaration and By-Laws ( remove reference to By-Laws if none have been registered) of (insert county name or initial(s)) CC No. (insert condominium corporation number)”; (

c) all other benefits and burdens that are not decl arations, by-laws or amendments to declarations or by-laws, but are interests in the unit or the common interest appurtenant thereto, including those detailed in the condo declaration; and (

d) all recorded interests in the unit or the common interest appurtenant thereto.

(2) The enabling instrument for the benefit and burden described in clauses (1)(

a) and (

b) must be the declaration for the condominium corporation.

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(3) An instrument that is displayed in Property Online in the condominium common view is deemed to be registered or recorded in the parcel register for each unit in the condominium corporation, which is registered under the Act. Registration of Interest under

Section 41 of the Act 12 A person registering an interest in a parcel under

Section 41 of the Act must first make (

a) a PDCA in accordance with

Section 7; and (

b) an AFR in accordance with

Section 10. 13 Addition of a Benefit or Burden to a Parcel Registered under the Act

(1) Where permitted under the Act, an authorized lawyer may add a benefit or burden to a parcel register by submitting a Form 24 together with the document that conveys or evidences the benefit or burden.

(2) If the benefit or burden added in subsection (1) affects another parcel registered under the Act, the authorized lawyer submitting the Form 24 in subsection (1) must also submit another Form 24 to add the corresponding benefit or burden, as applicable, to the affected parcel register.

(3) If the benefit or burden added in subsection (1) affects another parcel not registered under the Act, the authorized lawyer submitting the Form 24 in subsection (1) must register a notice of the corresponding benefit or burden, as applicable, in Form 8A, under the Registry Act.

(4) The authorized lawyer who submits the Form 24 in subsection (1) must also make application to amend the legal description for each parcel registered under the Act to which a burden or benefit has been added.

(5) The authorized lawyer who submits the Form 24 in subsection (1) must serve notice, in Form 8, on the owner of the parcel to which the benefit or burden is being added under subsections (2) or (3), unless the owner has executed the document which conveys or evidences the benefit and corresponding burden.

(6) For the purposes of subsection (5), ownership of a parcel not registered under the Act shall be as shown on the consolidated index maintained under the Registry Act.

(7) Where notice is required to be served under subsection (5), the authorized lawyer who submits the Form 24 in subsection (1) must retain a true copy of the notice in Form 8 together with proof of service in accordance with

Section 29, and make it available for review by the Registrar General upon request and audit by the Nova Scotia Barristers’ Society. Addition of a Benefit or Burden to a Parcel not Registered under the Act 14

(1) A person who registers a document that creates or evidences a benefit or burden on a parcel not registered under the Act, which also affects a parcel registered under the Act, must also cause an authorized lawyer to submit a Form 24 to add the corresponding benefit or burden to the affected parcel register together with a true copy of the document that conveys or evidences the benefit and the corresponding burden, which has been certified to be a true copy of the original by a person authorized under the Act to sign a certificate of execution.

(2) The authorized lawyer who has submitted the Form 24 under subsection (1) must also make application to amend the legal description of the parcel registered under the Act to which a benefit or burden has been added under subsection (1).

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(3) The authorized lawyer who has submitted the Form 24 under subsection (1) must serve notice, in Form 8, on the owner of the parcel registered under the Act to which a benefit or burden has been added under subsection (1), unless the owner has executed the document that conveys the benefit and the corresponding burden.

(4) Where notice is required to be served under subsection (3), the authorized lawyer who has submitted the Form 24 under subsection (1) must retain a true copy of the notice in Form 8 together with proof of service in accordance with

Section 29, and make it available for review by the Registrar General upon request and audit by the Nova Scotia Barristers’ Society. Addition of Burdens and Restrictive Covenants which do not Require Identification or Addition of Benefit 15

(1) Despite Sections 13 and 14, an authorized lawyer is not required to identify or add a corresponding benefit to other affected parcels when adding (

a) a burden in favour of a public utility, an unidentified utility, or a municipality; or (

b) restrictive covenants, to a parcel registered under the Act.

(2) The authorized lawyer who makes an application to add an interest in clause (1)(

a) or (

b) to a parcel registered under the Act must (

a) submit a request and certificate of legal effect, in Form 24, to revise the parcel register of the parcel to which the interest is being added; and (

b) make application to amend the legal description of the parcel to which the interest is being added; and (

c) serve notice, in Form 8, on the owner of the pa rcel to which the interest is being added, unless the owner has executed the document that conveys or evidences the interest.

(3) Where notice is required to be served under clause (2)(c), the authorized lawyer who makes application to add the interest in clause (1)(

a) or (

b) to a parcel registered under the Act must retain a true copy of the notice in Form 8 together with proof of service in accordance with

Section 29, and make it available for review by the Registrar General upon request and audit by the Nova Scotia Barristers’ Society. Exemption from Requirement to Identify or Add Corresponding Benefit or Burden 16

(1) Despite Sections 13 and 14, an authorized lawyer who is adding a benefit or burden to a parcel that is registered under the Act is not required to identify or add a corresponding benefit or burden, as applicable, to other affected parcels if the registrar is satisfied that it would not be practicable to do so.

(2) In order to obtain the exemption in subsection (1), the authorized lawyer seeking the exemption must apply in writing to the registrar, providing the reasons for the request and such additional information as requested by the registrar.

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Section 29 and, if adding a benefit or burden to a parcel, comply with the requirements in Sections 13, 15 and 16. Owner’s Request for Rectification of a Registration 18

(1) An owner may request rectification of an error in a registered interest by submitting a request to the registrar in Form 17.

(2) If the registrar accepts the owner’s request under subsection (1), the registrar must record the Form 17 request submitted under subsection (1) and rectify the registration as requested.

(3) If the registrar does not accept the owner’s request under subsection (1), the registrar must notify the owner that the request to rectify the registration has been refused. Rectification by Registrar General 19

(1) If the Registrar General receives information that there is an error in a registered interest, the Registrar General shall provide notice in writing to the owner of the interest of the particulars of the error and provide the owner with 15 days to consent or object to a proposed rectification by the Registrar General.

(2) If an owner objects to the proposed rectification, the Registrar General shall make such further inquiries as necessary, and make a determination and notify the registered owner either that (

a) the proposed rectification has been abandoned; or (

b) that the proposed rectification will take effect within 30 days of the notification unless the owner has commenced a proceeding in the Supreme Court of Nova Scotia and submitted a Certificate of Lis Pendens in Form 19 for recording.

(3) If an owner consents or does not object to the Registrar General’s rectification proposal, the Registrar General may direct a registrar to rectify the registration as proposed.

(4) Nothing in this

Section infringes upon the Registrar General’s powers under

Section 56 of the Act. Interest Holder’s Request for Correction of Errors in Interests other than Registered Interests 20

(1) Subject to subsection (4), an interest holder may request correction of an error in a request to record, or request to cancel the recording of, a recorded interest by submitting a request to the registrar in Form 49.

(2) If the registrar accepts the request under subsection (1), the registrar must record the submitted Form 49 and correct the error as requested.

(3) If the registrar does not accept the request under subsection (1), the registrar must notify the interest holder that the request to correct the error has been refused.

(4) If the registered ownership of the parcel has been revised since the error was made, the Form 49 may not be submitted without the prior written approval of the Registrar General, who may withhold approval or impose such notice or other requirements as the Registrar General deems appropriate in the circumstances.

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a) if the registered owner of the affected par cel has not changed since the submission of the certificate of legal effect to be corrected, submit a correction of the certificate of legal effect in Form 6A; or (

b) if the registered ownership of the parcel h as been revised since the error was made, the Form 6A may not be submitted without the prior written approval of the Registrar General, who may withhold approval or impose such notice or other requirements as the Registrar General deems appropriate in the circumstances. Content of Parcel Register 22

(1) A parcel register must contain (

a) the PID assigned to the parcel; (

b) a legal description for the parcel that complies with subsection 7(10); (

c) the name and mailing address, if known, of each registered owner of the registered interest in the parcel described in clauses 17(1)(a), (

b) and (

c) of the Act; (

d) the names and mailing addresses, if known, of all holders of a recorded interest in the parcel; (

e) the submission particulars or full text of ev ery document by which the title to the parcel is affected, as registered or recorded under the Act or the Registry Act; (

f) a reference to the instrument type assigned to any registered or recorded interest, which information is provided for convenience only and is not part of the registered or recorded interest; (

g) a reference to the interest type assigned to any registered or recorded interest; (

h) a reference to any judgment recorded within the registration district which is, or may be, a charge upon the registered interests of the registered owner and any predecessor in title at the time of registration or revision of the registered ownership of the parcel; (

i) a reference to any statement made under Secti on 38 of the Act as to whether any of the owners of the interest is a non-resident; and (

j) the manner of tenure for the registered interest in the parcel.

(2) A parcel register is deemed to be a complete statement of all judgments recorded in the registration district which are, or may be, a charge upon the registered interests of the registered owner and any predecessor in title at the time of registration or, if subsequently revised, at the time of the last revision of the registered ownership of the parcel.

(3) An archive register is not part of a parcel register.

(4) A reference to an enabling instrument in a parcel register can be used to enable all benefits and burdens referred to in that instrument, which are between the same parties.

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(1) Option agreements and rights of first refusal are prescribed contracts for the purposes of the definition of “interest” in clause 3(1)(

g) of the Act.

(2) A prescribed contract may be recorded in a parcel register and, if recorded, is subject to the Act’s recording and cancellation of recording provisions. Tenants in Common 24

(1) An application for registration of a tenant in common interest in a parcel which has not been registered under the Act must be made in accordance with the provisions of

Section 10 and must clearly state the percentage or share of each interest being registered.

(2) In order to register an unregistered tenant in common interest in a parcel which has been registered under the Act, an authorized lawyer must complete and submit a request and certificate of legal effect in Form 24 and complete, retain and make available for review by the Registrar General upon request and audit by the Nova Scotia Barristers’ Society, the following items: (

a) an owner’s declaration regarding occupation of parcel and residency status in Form 5; (

b) a copy of the abstract of title upon which the submitting lawyer’s opinion in Form 24 is based; and (

c) a copy of the notice of registration in Form 9, together with proof of service in accordance with

Section 29, if applicable.

(3) If an unregistered tenant in common interest in a parcel which has been registered under the Act is transferred for no value as disclosed in the affidavit filed under the Municipal Government Act, the owner of the unregistered tenant in common interest must apply to have the parcel register updated using Form 50. Judgment Information 25

(1) For the purposes of recording a judgment in accordance with subsections 67(1) and (4) of the Act or requesting confirmation of a debtor’s identity in accordance with

Section 68 of the Act, information that tends to distinguish a person from another person of the same or similar name includes a date of birth.

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

a) of the Act, (

a) surnames that begin with “Mc” are identi cal 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; and (

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

(3) 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 in Form 20.

(4) An update of name or address under subsection (3) is effective from the date and time that the request was recorded.

(5) On the coming into force of the Act, statutory declarations respecting judgments must be recorded in

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(6) An affidavit recorded under 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 under subsection 68(1) of the Act; (

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

c) any request for further information received from the judgment creditor; and (

d) a copy of the response to any request for furt her information together with proof of delivery of the response. Deemed Removal of Judgments 26 A judgment is deemed to be removed from the judgment roll when any of the conditions of subsection 66(4) of the Act are met. Request to Cancel a Recording under Subsection 51(4) or Clause 57(1)(

b) of the Act 27

(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 in Form 27.

(2) A 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 judgmen t creditor under subsection 69(3) of the Act, and recorded using a request in Form 48; or (

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

b) of the Act, and may be recorded by the debtor or debtor’s agent. Notice to Cancel or Amend a Recorded Interest 28

(1) A notice in Form 15 to a registrar to cancel or amend the recording of a security interest under subsection 60(2) of the Act must be submitted together with (

a) a statutory declaration that outlines to the re gistrar’s satisfaction the reasonable and probable grounds that were used as a basis for the demand to cancel or amend the recording of the security interest; and (

b) proof that the demand was served on the secur ity interest holder in accordance with

Section 30.

(2) A notice in Form 15A to a registrar to cancel the recording of a recorded interest or judgment under

Section 63 of the Act must be submitted together with

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Part II - Regulations Vol. 31, No. 8 © NS Registry of Regulations. Web version. 339 (

a) an affidavit that complies with subsection 63(2) of the Act; and (

b) proof that the demand was served on the interest holder in accordance with

Section 30. Proof of Service 29 The service of any document may be proved by an affidavit, which must state (

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. Service of Notice 30

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

(2) If the name or address of a person to whom a notice must be sent is not known, the Registrar General may provide directions for substituted service of any notice required by the Act or these regulations. Form 1 Purpose: to request a PID assignment Registration district: Land Registration Office use only Submitter’s user number: PID assigned Submitter’s name: Property Mapper Date: 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: __________________________________

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Part II - Regulations Vol. 31, No. 8 340 © NS Registry of Regulations. Web version. Reference for latest conveyance document that contains a legal description (include the description number if there are multiple parcels in the legal description): Book Page Document Number Year Description Number (if applicable) 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 in accordance with subsections 5(7) to (10) of the regulations, together with a graphical representation of where the parcel is located in relation to surrounding parcels on the provincial map. Additional comments: Statement of Applicant 1. I have reviewed the mapping and confirm that the par cel described in the attached legal description is not 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, __________________________________, 2 ______. Signature of Applicant Name: Address: Phone: E-mail: Fax:

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Part II - Regulations Vol. 31, No. 8 © NS Registry of Regulations. Web version. 341 Form 2 Parcel Description Certification Application Land Registration Act, S.N.S. 2001, c. 6, clause 37(4)(

g) Land Registration Administration Regulations, [N.S. Reg. 186/2007,] clause 5(1)(

a) and subsection 7(1) (Electronic Application) PID Application type: If PID has a certified legal description, field defaults to amending parcel; if not, it defaults to existing parcel (system generated).

User supplied reference: _________________________ Assessment account number (AAN): _________________ Reference for latest conveyance document that contains a legal description (put comment in comment field if multiple parcels in the legal description): Book: ___________________ Page: ___________________ Document/instrument number/year: ________________________ Parcel location: Civic number, street name, lot number, community (all system generated) Apparent owners: Name, sub-type, type, interest type, qualifier (all system generated) Legal description: Comments: Statement of Compliance: Please note: If the authorized submitter has confirmed the information below, staff of the authorized submitter may submit the PDCA on the authorized submitter’s behalf.

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Part II - Regulations Vol. 31, No. 8 342 © NS Registry of Regulations. Web version. The authorized submitter is submitting this PDCA for approval and confirms that: The owner applicant has authorized him/her to submit this application. The authorized submitter has reviewed the legal description included in this application and checked the provincial property mapping graphics. If the graphics do not match the legal description, any apparent discrepancies have been noted in the comments field of this application.

The legal description is accurate and complete and complies with the Land Registration Administration Regulations, professional standards regarding legal descriptions and the PDCA standards as set out in the PDCA checklist. Before an application for registration is submitted in final form the authorized submitter will confirm with the owner that the graphics identified by the PID appear to match the legal description for the PID.

Form 5 Purpose: Owner’s declaration on occupation of parcel and residency status Registration district: Submitter’s user number: Submitter’s name: 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) under the Land Registration Act and regulations: I/We (insert name(s)) _______________________________, of _____________ in the County of ______________, solemnly declare (select all statements that apply): Q I am/We are/The corporation is the owner(

s) of the parcel identified as the above-noted PID. Q Her Majesty the Queen in Right of Canada/the Province of Nova Scotia is the owner(

s) of the parcel identified as the above-noted PID. Q I am/The corporation is a non-owner of the parcel who is authorized under the Land Registration Administration Regulations to execute this declaration. Q I am/We are/The corporation is a non-resident of the Province of Nova Scotia, as defined in the Land Registration Administration Regulations. Q To my/our knowledge neither the parcel nor a portion of the parcel is occupied without permission.

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Part II - Regulations Vol. 31, No. 8 © NS Registry of Regulations. Web version. 343 Q To my/our knowledge the whole or a portion of the above-noted parcel is occupied without permission. The occupation commenced on or about _______________________. The name and address of the person in occupation is (if unknown, state “unknown”) ______________________________________________. Other details relating to the occupation without permission are as follows: I am/We are/The corporation is submitting this declaration in support of an application for registration under

Section 37 of the Land Registration Act. I make/We make this solemn declaration conscientiously believing it 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. Declared before me at ____________, ) in the ) County of ______________________, ) Province of Nova Scotia, on _________ ) ____________, 2___ before me, ) ) _________________________________ ) _______________________________ A Commissioner/Barrister of the Supreme ) ( Type name of deponent(

s) below line.) Court of Nova Scotia ) Form 6 Application for Registration Land Registration Act, S.N.S. 2001, c. 6, subsections 18(1) and 37(4) Land Registration Administration Regulations, [N.S.

Reg. 186/2007,] clause 9(2)(a) (Electronic Application) AFR tracking number: ( system generated) Parcel Identification Number (PID): _______________________ Location: ( system generated) Title certification date/time (yyyy-mm-dd hh:mi): _______________________ Parcel access: Pick from: public, public (other), private, private (by grant), private (by prescription), private (openly used and enjoyed), private (other), right of way/driveway, right of way/walkway, navigable waterway, no access, other (specify)___________________ Triggered by: Pick from: deed, mortgage, subdivision, new condominium corporation, voluntary or certificate of title

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Part II - Regulations Vol. 31, No. 8 344 © NS Registry of Regulations. Web version. Comments: Manner of tenure: Pick from: joint tenants, tenants in common, not applicable, not specified, mixture of joint tenants and tenants in common.

The description of tenure field is optional if the manner of tenure is “tenants in common”, and mandatory if the manner of tenure is a “mixture.” Description of tenure: Registered Interests Name (individual or company or entity): ___________________________ Qualifier (if applicable): Pick from: estate, executor, in care of, otherwise known as, owner unknown, personal representative or trustees Interest type: Pick from: fee simple, interest of Her Majesty, life interest or remainder interest Instrument type: Pick from list of document types County (of recording for document) ________________________________ Enabling document recording particulars: (complete sub-screen fields) Mailing address: ___________________________ Non-resident of Nova Scotia status: ( yes or no to disclosure statement) Farm Loan Board–Occupants and Mailing Address Name (individual or company or entity): ___________________________ Mailing address: ___________________________ Benefits to the Registered Interest Benefit Details Interest type: Pick from: Easement/ROW Holder (Benefit), Condominium Interest (Benefit), Party to Agreement (Benefit), Covenant Holder (Benefit) or Licensee (Benefit) Instrument type: Pick from instrument type list Enabling document recording particulars: (complete sub-screen fields) Unregistered interests: Yes or No Servient Tenement PID ___________________________ or Various PIDs (not specified) “ Benefits to the Registered Interests–Servient Tenement PIDs PID: ________________________________ Choose Benefit Enabling Instrument: (System generated list) Benefit ID: ( System generated)

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Part II - Regulations Vol. 31, No. 8 © NS Registry of Regulations.

Web version. 345 Unregistered Interest Yes or No Burdens on the Registered Interests Name (individual or company or entity): _____________________________ Qualifier (if applicable): Pick from: estate, executor, in care of, otherwise known as, owner unknown, personal representative or trustees Interest type: Pick from: Condominium interest (burden), covenant holder (burden), easement/right of way holder (burden), party to agreement (burden), licensee (burden) or easement/ROW holder (burden)/dominant PID Instrument type: Pick from list of document types County (of recording for document) _____________________________ Enabling document recording particulars: (complete sub-screen fields) Dominant Tenement PID _____________________________ or Various PIDs (not specified) “ Unregistered interest: Yes or No Mailing address: _____________________________ Burdens on the Registered Interests–Dominant Tenement PIDs PID or Various PIDs, ________________________________ Not Specified “ Instrument type: Pick from list of document types County (of recording for document) _____________________________ Enabling document recording particulars: Choose an existing burden/enabling instrument Unregistered interest: Yes or No Textual Qualifications on Title Tenants in Common Not Registered Under the Land Registration Act (For a new name to be added): Name of Individual, Company or Entity: ___________________________________ Qualifier (if applicable) Pick from: estate, executor, in care of, otherwise known as, owner unknown, personal representative or trustees Interest type: (System generated) Import Property Online owners: ( yes or no)

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Part II - Regulations Vol. 31, No. 8 346 © NS Registry of Regulations. Web version. Recorded interests Name (individual or company or entity): ___________________________ Qualifier (if applicable): Pick from: estate, executor, in care of, otherwise known as, owner unknown, personal representative or trustees Interest type: Pick from: assignee, attorney, claimant/plaintiff, condo interest, debenture holder, deponent, easement security interest, guardian, judgment creditor, lessee, licensee, mortgagee, party to agreement, personal representative, tax sale recipient or trustee.

Instrument type: Pick from list of document types County (of recording for document) ____________________________ Enabling document recording particulars: (complete sub-screen fields) Unregistered interest: Yes or No Mailing address: _____________________________ OPINION & CERTIFICATE OF TITLE I hereby certify to the Registrar General under clause 37(4)(

b) of the Land Registration Act as follows: 1. The information contained in the Application for Regi stration for this parcel is a true and correct

summary of the title information with respect to the PID that is described below, as disclosed by the records on file in the Land Registration Office for the county where the parcel lies, and in the Owner’s Declaration Regarding Occupation of Parcel and Residency Status in Form 5. 2. This opinion of title is based upon a title search and abst ract of title that have been conducted or completed in accordance with the current Nova Scotia Barristers’ Society Professional Standards: Real Property Transactions in Nova Scotia. 3.

This opinion is subject to the accuracy of the indices at the office of the Registrar of Deeds. 4. The abstract of title shows a chain of ownership of the parcel to the standard required to demonstrate a marketable title under (select all that apply) 9 the Marketable Titles Act 9 the common law 9 the Limitation of Actions Act 9 other enactment (specify): 5. The root of title to this parcel is found in a document that has the following particulars: Instrument Type: Execution Date (yyyy-mm-dd): Registration Date (yyyy-mm-dd): Book #: ________ Page #:________ Document #: ____________ 6.

This Application for Registration is a true and accu rate

summary of the registered interest, benefits, burdens, qualifications on title, recorded interests, and means of access that apply to this parcel.

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Part II - Regulations Vol. 31, No. 8 © NS Registry of Regulations. Web version. 347 7. There are no other encumbrances affecting the title to the land disclosed by the records on file in the land registration office for the county where the parcel lies except those specified herein. 8. The applicable statement respecting the subdivi sion provisions contained in

Part IX of the Municipal Government Act is accurately set forth in the official parcel description for the parcel. 9. For the purposes of registration of the title of the a bove-noted PID a policy of title insurance (select one) 9 was not issued with respect to this parcel 9 was issued with respect to this parcel in order to (provide details of the reason a title insurance policy was required) 10. Unless noted above, this opinion is subject to (

a) rights in respect of the lands, which may have been acquired by adverse possession or prescription; and (

b) overriding interests stipulated in

Section 73 of the Land Registration Act that are not contained in registered instruments that appear within the period covered by the title search and abstract of title referenced in this certification and opinion. 11. I have obtained all affida vits and other documents required under

Section 37 of the Land Registration Act and the Land Registration Administration Regulations, and these documents, and the Abstract of Title referenced in Certification Statement Number 2, will be retained and available for audit by the Nova Scotia Barristers’ Society. 12. No opinion is expressed as to (

a) the actual boundaries of the lands, the location of an y buildings or structures in relation to the actual boundaries of the lands, or the size of the lands; (

b) the validity, enforceability of, or compliance with, restrictive covenants if contained in the signed Statement of Registered and Recorded Interests attached hereto; or (

c) the validity or effect of the recorded interest s listed in the signed Statement of Registered and Recorded Interests attached hereto. Parcel Description Information

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Part II - Regulations Vol. 31, No. 8 348 © NS Registry of Regulations. Web version. Form 6A Purpose: to request correction to a previously submitted Certificate of Legal Effect (Instrument type: 855) For Office Use Registration district: Submitter’s user number: Submitter’s name: In the matter of Parcel Identification Number (PID) PID PID (Expand box for additional PIDs. Maximum 9 PIDs per form)

Whereas I submitted a Certificate of Legal Effect that contained an error or errors; And

whereas the error was made in the following (select appropriate box. Note: errors respecting a registered interest are rectified using a Form 17): Q Document Number __________________ Q Application for Registration I certify that the reason(

s) for the correction is/are as follows: _________________________________________________________________________________________ _________________________________________________________________________________________ _________________________________________________________________________________________ _________________________________________________________________________________________ _________________________________________________________________________________________ I further certify that the details of the correction are as follows (select applicable boxes, add additional tables if required): Q The following interests or information are changed in the parcel’s registration (insert N/A if not applicable): Instrument type Expiry date (if applicable) Interest holder and type to be removed (if applicable) Interest holder and type to be added (if applicable) Note: include qualifier (e.g., estate of, executor, trustee, personal representative) if applicable

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Part II - Regulations Vol. 31, No. 8 © NS Registry of Regulations. Web version. 349 Mailing address of interest holder to be added (if applicable) Servient Tenement PID (if applicable) Access type to be added (if applicable) Access type to be removed (if applicable) Textual Qualification to be removed (if applicable) Textual Qualification to be added (if applicable) Reference to related instrument in names-based roll/parcel register (if applicable) Q I have searched the judgment roll with respect to the registration or revision of the registered interest and have determined that it is appropriate to add the following judgment(

s) or judgment-related documents to the parcel register, in accordance with the Land Registration Act and Land Registration Administration Regulations: Instrument type Interest holder name and type to be added Interest holder mailing address Judgment Roll reference Certificate of Legal Effect: I certify that it is appropriate to make the above-noted corrections to the parcel register(

s) for the indicated PIDs. Certified at __________________, in the County of ___________, Province of Nova Scotia, __________________________________, 2 ______. Signature of authorized lawyer Name: Address: Phone: E-mail: Fax:

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Part II - Regulations Vol. 31, No. 8 350 © NS Registry of Regulations. Web version. Form 8 Purpose: to give notice to the owner of a registered parcel about the recording of an overriding interest on the parcel’s title -or- to give notice to the owner of a registered parcel about the recording of a benefit or burden on a parcel’s title PID PID (Expand box for additional PIDs.) Take notice that pursuant to the Land Registration Act and the Land Registration Administration Regulations, the following interest has been added to the parcel register(

s) of the above-noted PID(s). Type of interest added to the parcel register: Name of interest holder added: Servient tenement PID (if applicable): Mailing address of interest holder: Document recording particulars: A copy of the recorded document is attached to this notice. And take notice that the parcel description for the above-noted PIDs has or will be altered in accordance with the Land Registration Administration Regulations to reflect the addition of the interest to the parcel(

s) title. Dated at __________________, in the County of ___________, Province of Nova Scotia, __________________________________, 2 ______. Signature of interest holder/agent Name: Address: Phone: E-mail: Fax:

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Part II - Regulations Vol. 31, No. 8 © NS Registry of Regulations. Web version. 351 Form 8A Purpose: to place notice of a benefit or burden in the consolidated index that is maintained pursuant to the Registry Act. (Instrument code: 407) For Office Use Registration district: Submitter’s user number: Submitter’s name:

Whereas the consolidated index shows the following person(

s) as being the owner of unregistered parcel(

s) that are affected by the addition of the benefit or burden to a parcel that is registered under the Land Registration Act, as indicated on this form _______________________________________________________________ _______________________________________________________________ (insert owner’s name from the consolidated index) (Select appropriate box) Take notice that lands owned by the above-noted persons appear to benefit from the addition of a burden to the following parcel(

s) that are registered under the Land Registration Act: PID PID (Expand box for additional PIDs) Interest holder name and type added to registered parcel -or- Take notice that lands owned by the above-noted persons appear to be burdened by the addition of a benefit to the following parcel(

s) that are registered under the Land Registration Act: PID PID (Expand box for additional PIDs)

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Part II - Regulations Vol. 31, No. 8 352 © NS Registry of Regulations. Web version. Interest holder name and type added to registered parcel Dated at __________________, in the County of ___________, Province of Nova Scotia, __________________________________, 2 ______. Signature of authorized lawyer Name: Address: Phone: E-mail: Fax: Form 9 Purpose: to provide notice of parcel registration to interested parties In the matter of Parcel Identification Number (PID) PID PID (Expand box for additional PIDs.)

Whereas the above-noted parcel(s), which is/are located at (insert civic address of the parcel(s)) ________________________________________, has/have been registered under the Land Registration Act; And

whereas __________________________________(insert name(

s) of holder(

s) of the registered interest) has/have been registered as the owner(

s) of the parcel; And

whereas you _____________________________________________( insert name, address and PID number of notice recipient and the recipient’s parcel) appear to be a person who is entitled to receive notice of the registration of the above-noted parcel(

s) under the Land Registration Administration Regulations because (state reason) __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ _________________________________________________________________________________________; And

whereas a copy of the legal description and parcel graphics from Property Online for the registered parcel are attached to this notice (attach legal description and POL graphics for parcel);

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Part II - Regulations Vol. 31, No. 8 © NS Registry of Regulations. Web version. 353 Take notice that if you are someone who has obtained an interest in this parcel by adverse possession or prescription, you have a right to seek confirmation of the interest in the Supreme Court of Nova Scotia and register or record proof of ownership within the time limits prescribed in subsection 74(2) of the Land Registration Act, attached hereto as

Schedule “A”. Dated at _________________________, in the County of ___________________, Province of Nova Scotia, ______________________________, 2_______. Signature of owner/agent Name: Address: Phone: E-mail: Fax:

Schedule “A” Land Registration Act

CHAPTER 6 OF THE ACTS OF 2001 amended 2002, c. 19; 2003, c. 7, s. 4; 2004, c. 38 74

(1) Except as provided by

Section 75, no person may obtain an interest in any parcel registered pursuant to this Act by adverse possession or prescription unless the required period of adverse possession or prescription was completed before the parcel was first registered.

(2) Any interest in a parcel acquired by adverse possession or prescription before the date the parcel is first registered pursuant to this Act is absolutely void against the registered owner of the parcel in which the interest is claimed ten years after the parcel is first registered pursuant to this Act, unless (

a) an order of the court confirming the interest; (

b) a certificate of lis pendens certifying that an action has been commenced to confirm the interest; (

c) an affidavit confirming that the interest h as been claimed pursuant to

Section 37 of the Crown Lands Act; or (

d) the agreement of the registered owner confirming the interest, has been registered or recorded before that time. 75

(1) The owner of an adjacent parcel may acquire an interest in part of a parcel by adverse possession or prescription after the parcel is first registered pursuant to this Act, if that part does not exceed twenty per cent of the area of the parcel in which the interest is acquired. (1A) An owner of an undivided interest in a parcel may acquire the whole interest in the parcel by adverse possession or prescription after the parcel is first registered pursuant to this Act.

(2) For the purpose of this Section, adverse possession and prescription include time both before and after the coming into force of this Act.

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Part II - Regulations Vol. 31, No. 8 354 © NS Registry of Regulations. Web version. Form 10 Purpose: to give notice of crystallization of debenture (Instrument code: 809) For Office Use Registration district: Submitter’s user number: Submitter’s name: In the matter of Parcel Identification Number (PID) PID PID (Expand box for additional PIDs. Maximum 9 PIDs per form) (Select one) ~ Floating charge debenture is recorded in parcel register as: document number ________________ book/page _________________ year _____. ~ Floating charge debenture is not in parcel register and particulars are as follows.

Floating Charge Debenture particulars (use only if second box was selected above) Instrument type Floating Charge Debenture Interest holder name and type (to be added if debenture is registered or recorded, but not in the specified parcel register(s)) Mailing address of interest holder added (if applicable) Reference to recording particulars of debenture Crystallization particulars (required whether debenture is recorded in the parcel register or not) Instrument type Notice of Crystallization of Debenture Interest holder name and type to be added Note: include qualifier (e.g., estate of, executor, trustee, personal representative) if applicable Mailing address of interest holder added Reference to recording particulars of debenture being crystallized Notice is hereby given that the floating charge contained in the specified debenture has been crystallized.

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Part II - Regulations Vol. 31, No. 8 © NS Registry of Regulations. Web version. 355 Dated at _________________________, in the County of ___________________, Province of Nova Scotia, ______________________________, 2_______.

Signature of interest holder/agent Name: Address: Phone: E-mail: Fax: Form 13 Purpose: to record a Provincial statutory lien or other charge (Instrument code: 810 for parcel register) (Instrument code: 725 for judgment roll) For Office Use Registration district: Submitter’s user number: Submitter’s name: In the matter of a lien or other charge to be recorded in the judgment roll under the following statute (select one): ~ Labour Standards Code (judgment roll only) ~ Pension Benefits Act ~ Workers’ Compensation Act And in the matter of the following PID(

s) PID PID (Expand box for additional PIDs. Maximum 9 PIDs per form) And in the matter of registered owner _______________________:

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Part II - Regulations Vol. 31, No. 8 356 © NS Registry of Regulations. Web version. Interest holder and type to be added Mailing address of interest holder added Take notice that a (select one) lien, order, claim, certificate, assessment or designation is filed in the parcel register of the above-noted PIDs under the following Act ___________________________________ ____________________________(insert name of Act).

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 departmental file reference number) __________________. Dated at ______________________, in the County of ___________________, Province of Nova Scotia, ______________________________, 2_______.

Signature of Departmental Representative Name Address Phone Email: Fax: Form 14 Purpose: to record a discharge of a Provincial statutory lien or other charge (Instrument code: 819 for parcel register) (Instrument code: 726 for judgment roll) For Office Use Registration district: Submitter’s user number: Submitter’s name: In the matter of a release, withdrawal or discharge of lien or other charge to be recorded in the judgment roll under the following statute (select one):

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Part II - Regulations Vol. 31, No. 8 © NS Registry of Regulations. Web version. 357 ~ Labour Standards Code (judgment roll only) ~ Pension Benefits Act ~ Workers’ Compensation Act PID PID (Expand box for additional PIDs.

Maximum 9 PIDs per form) And in the matter of registered owner _______________________: Interest holder and type to be removed Recording particulars of Provincial statutory lien or other charge Take notice that a (select one) release, withdrawal or discharge of a lien, order, claim, certificate, assessment or designation is filed in the Parcel Register under the following Act _____________________________________________(insert name of Act) And further take notice that this document is filed by the undersigned on behalf of (insert name of government department) ____________________.

Dated at ______________________, in the County of ___________________, Province of Nova Scotia, ______________________________, 2_______. Signature of Departmental Representative Name Address Phone Email: Fax:

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Part II - Regulations Vol. 31, No. 8 358 © NS Registry of Regulations. Web version. Form 15 Purpose: to provide notice to the registrar to cancel the recording of a security interest (Instrument code: 831) For Office Use Registration district: Submitter’s user number: Submitter’s name: In the matter of Parcel Identification Number (PID) PID PID (Expand box for additional PIDs.

Maximum 9 PIDs per form) And in the matter of the service of a demand made by (select one) 9 the debtor named in the security interest: 9 a person who has or had a registered interest in the parcel to which the security interest purportedly relates: Take notice that the following documentation is attached to this form: (

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; (

b) a copy of the written demand on the holder of the security interest; and (

c) proof of service of the demand. And further take notice that 30 days have passed since the service of the demand upon the secured party and the secured party has failed to comply with the demand. And further take notice that the undersigned requires the registrar to cancel or amend the recording in accordance with the attached demand.

Instrument type Interest holder and type to be removed (Note: include qualifier (e.g., estate of, executor, trustee, personal representative) if applicable Reference to related instrument in parcel register (insert document/instrument number/year; include book/page if applicable) Dated at ______________________, in the County of ___________________, Province of Nova Scotia, ______________________________, 2_______.

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Part II - Regulations Vol. 31, No. 8 © NS Registry of Regulations. Web version. 359 Certificate of Legal Effect: I certify that it is appropriate to cancel the recording of the security interest for the indicated PIDs as outlined in this request. Certified at __________________, in the County of ___________, Province of Nova Scotia, __________________________________, 2 ______.

Signature of Authorized Lawyer Name: Address: Phone: E-mail: Fax: Form 15A Purpose: to give the registrar notice to cancel a recorded interest or judgment (Instrument code: 841) For Office Use Registration district: Submitter’s user number: Submitter’s name: In the matter of Parcel Identification Number (PID) PID PID (Expand box for additional PIDs Maximum 9 PIDs per form) And in the matter of the service of the attached demand made by the registered owner of the above-noted PIDs. Take notice that the following documentation is attached to this form: (

a) an affidavit showing that the interest, the r ecording of which is sought to be cancelled, is invalid with respect to the parcel; (

b) a copy of the notice requiring cancellation of the recorded interest or judgment; and

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Part II - Regulations Vol. 31, No. 8 360 © NS Registry of Regulations. Web version. (

c) proof of service of the notice. And further take notice that: Sixty days has expired after the serving of the notice on the holder of the interest and, where the interest is a servitude, on the owner of every parcel identified in the recorded document as land to which the benefit of the servitude is annexed; and No certificate of lis pendens has been recorded by any person certifying that proceedings in court have been commenced to substantiate the recorded interest; and The person who caused the notice to be served is the registered owner of the parcel against which the recording to be cancelled was recorded.

Instrument type Interest holder and type to be removed (Note: include qualifier (e.g., estate of, executor, trustee, personal representative) if applicable Reference to related instrument in parcel register (insert document/instrument number/year; include book/page if applicable) Certificate of Legal Effect: I certify that it is appropriate to cancel the recording of the recorded interest or judgment for the indicated PIDs as outlined in this request. Certified at __________________, in the County of ___________, Province of Nova Scotia, __________________________________, 2 ______.

Signature of Authorized Lawyer Name: Address: Phone: E-mail: Fax:

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Part II - Regulations Vol. 31, No. 8 © NS Registry of Regulations.

Web version. 361 Form 16 Purpose: to renew the recording of a judgment (Instrument code: 715–First renewal) (Instrument code: 716–Second renewal) (Instrument code: 717–Final renewal) For Office Use Registration district: Submitter’s user number: Submitter’s name: In the matter of the judgment debtor (insert name and mailing address) __________________________________________________________________________________________ __________________________________________________________________________________________ ___________________________________; And in the matter of the judgment creditor (insert name and mailing address) __________________________________________________________________________________________ __________________________________________________________________________________________ ___________________________________; Take notice that the undersigned judgment creditor/agent of judgment creditor requests that the above-noted judgment be renewed as follows (select one): Q First Renewal Judgment number _______________ issued by the Court on (insert date) _________________ and first recorded on (insert date) ___________________ as document (insert document/instrument number/year; include book/page if applicable) __________________________________________ Q Second Renewal______________________________________________________ (insert document number of first renewal) Q Third Renewal______________________________________________________ (insert document number of second renewal) Dated at ______________, in the County of ___________________, Province of Nova Scotia, __________________________________, 2_______.

Witness (Barrister/Commissioner) Authorized signature of judgment creditor/agent Name: Address: Phone: E-mail: Fax:

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Part II - Regulations Vol. 31, No. 8 362 © NS Registry of Regulations. Web version.

Certificate of Commissioner: I certify that on _______________, 2_________, the above-named individual executed the foregoing instrument in my presence and I signed as a witness to the execution. ___________________________________________________ A Barrister/Commissioner of the Supreme Court of Nova Scotia (Insert stamp of name or print name legibly.) Form 17 Purpose: to request a rectification of the registered interest (Instrument code: 807) For Office Use Registration district: Submitter’s user number: Submitter’s name: In the matter of Parcel Identification Number (PID) PID PID (Expand box for additional PIDs.

Maximum 9 PIDs per form)

Whereas I caused an interest to be registered or revised, and that the registration or revision contained an error or errors. And

whereas the error was made in the following (select appropriate box. Note: errors respecting a Certificate of Legal Effect concerning a non-registered interest are corrected using a Form 6A): Q Document Number __________________ Q Application for Registration I certify that the reason(

s) for the rectification is/are as follows: _________________________________________________________________________________________ _________________________________________________________________________________________ _________________________________________________________________________________________ _________________________________________________________________________________________ _________________________________________________________________________________________ (Select applicable box(es)) Q The following registered interests are to be rectified: Instrument type Interest holder and type to be removed (if applicable)

N.S. Reg. 186/2007 Royal Gazette

Part II - Regulations Vol. 31, No. 8 © NS Registry of Regulations.

Web version. 363 Interest holder and type to be added (if applicable) Note: include qualifier (e.g., estate of, executor, trustee, personal representative) (if applicable) Mailing address of interest holder to be added (if applicable) Manner of tenure (if applicable) Description of mixture of tenants in common and joint tenancy (if applicable) Percentage or share of interest held (for use with tenant in common interests) Non-resident (to qualified solicitor’s information and belief)(Yes/No?) Reference to related instrument in parcel register (if applicable) Q I request that the following textual qualifications on the registered interest in the above-noted parcel be changed: Textual qualification on title to be removed (insert any existing textual description being changed, added to or altered in any way) Textual qualification on title to be added (insert replacement textual qualification) Certificate of Legal Effect: I certify that it is appropriate to carry out the rectification for the above-noted PIDs for the indicated reasons.

Certified at __________________, in the County of ___________, Province of Nova Scotia, on _________________________________, 2 ______. Signature of authorized lawyer Name: Address: Phone: E-mail: Fax:

N.S. Reg. 186/2007 Royal Gazette

Part II - Regulations Vol. 31, No. 8 364 © NS Registry of Regulations. Web version. Form 19 Purpose: to record a Certificate of Lis Pendens against a parcel registered under the Land Registration Act (Instrument code: 826) For Office Use Registration district: Submitter’s user number: Submitter’s name: In the matter of Parcel Identification Number (PID) PID [PID] (Expand box for additional PIDs.

Maximum of 9 PIDs per form) And in the matter of registered owner ____________________________: Take notice that an action was commenced in the Supreme Court of Nova Scotia on _____ _____________, 2_____, between: Plaintiff: ______________________________________ -and- Defendant: ____________________________________ Court file no.: _________________________________ Claim of builders’ lien for $_____________________ (For use when the pending action is with respect to a builders’ lien) to enforce against the above-noted PIDs Interest holder and type to be added Note: include qualifier (e.g., estate of, executor, trustee, personal representative) if applicable Mailing address of interest holder to be added Dated at _________________________, in the County of ___________________, Province of Nova Scotia, ___________________________, 2_______.

Signature of Prothonotary

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Part II - Regulations Vol. 31, No. 8 © NS Registry of Regulations.

Web version. 365 Form 20 Purpose: to update the name and/or address of a judgment debtor (Instrument code: 713) For Office Use Registration district: Submitter’s user number: Submitter’s name: In the matter of Parcel Identification Number (PID) PID PID In the matter of judgment debtor (insert name)__________________________; And in the matter of an update of the name and/or address of the judgment debtor; And in the matter of a certificate of judgment/renewal of judgment recorded in the judgment roll as document/instrument number (insert document/instrument number/year; include book/page if applicable) _______________.

The judgment creditor requests that the following information be updated (choose all options that apply) Update judgment debtor’s name to ______________________________________ Update judgment debtor’s address to _____________________________________ Update the above-noted parcel registers with this information. Dated at _________________________, in the County of ___________________, Province of Nova Scotia, _______________________________, 2_______. Signature of judgment creditor/agent Name: Address: Phone: E-mail: Fax:

N.S. Reg. 186/2007 Royal Gazette

Part II - Regulations Vol. 31, No. 8 366 © NS Registry of Regulations. Web version. Form 21 Purpose: to record an interest holder’s change or correction of name; or to remove a deceased joint tenant as owner (Instrument code: 109) For Office Use Registration district: Submitter’s user number: Submitter’s name: In the matter of Parcel Identification Number (PID) PID PID (Expand box for additional PIDs.

Maximum 9 PIDs per form) To the registrar (select applicable box): Name Change Q The name of a registered interest holder has changed Q The name of a recorded interest holder has changed As a result, I request that the parcel register information be updated for the following registered or recorded instruments: (insert document number/book and page number of current enabling instrument(s)).

And take notice that an affidavit outlining the particulars of the name change, together with such Order, certificate or document effecting the change of name is attached. -or- Misspelling Q The name of a registered interest holder was misspelled in the following registered instrument (provide document number or book and page number)________________, and the correct spelling of the name is_______________________________________.

Q The name of a recorded interest holder was misspelled in the following recorded instrument (provide document number or book and page number)________________ and the correct spelling of the name is___________________________________________. And take notice that an affidavit outlining the particulars of the misspelling is attached. Death of Joint Tenant Q A joint tenant in the above-noted parcel register(s)s is deceased and proof of death is attached. I hereby request that his/her name be removed as an owner of the above-noted PID, Q Change manner of tenure to_________________________________ (if applicable)

N.S. Reg. 186/2007 Royal Gazette

Part II - Regulations Vol. 31, No. 8 © NS Registry of Regulations. Web version. 367 Dated at _________________________, in the County of ___________________, Province of Nova Scotia, _______________________________, 2_______.

Signature of registered owner/interest holder/agent Name: Address: Phone: E-mail: Fax: Form 22 Purpose: Change of Address form Registration district: Submitter’s user number: Submitter’s name: In the matter of Parcel Identification Number (PID) PID PID (Expand box for additional PIDs.) And in the matter of document/instrument (insert document/instrument number/year; include book/page if applicable) (for names-based roll–include all instruments affected by the change of address) _____________________________________________________________________; And/or in the matter of (select one and insert name) the registered owner/a recorded interest holder ______________________________________________________________: Take notice that (select one) 9 I am the above-noted registered owner/agent. 9 I am the occupier of the above-noted PID(s), which are owned by the Nova Scotia Farm Loan Board 9 I am the above-noted recorded interest holder/agent.

And further take notice that I have reviewed the address information contained in Property Online and hereby request that my address be changed as follows (please print or type): New address: ______________________________________________________________________________ _________________________________________________________________________________________ _________________________________________________________________________________________ And further take notice that this address change is to be applied to all tax notices and tax bills relating to the

N.S. Reg. 186/2007 Royal Gazette

Part II - Regulations Vol. 31, No. 8 368 © NS Registry of Regulations. Web version. above-noted PID(s). 9 Yes 9 No And further take notice that I understand that this address must be used to serve all notices and documents requiring service under the Land Registration Act. Dated at ________________________, in the County of __________________, Province of Nova Scotia, _______________________________, 2_______. Signature of owner/interest holder/agent/occupier of Nova Scotia Farm Loan Board Parcel(

s) Name: Address: Phone: E-mail: Fax: Form 24 Purpose: to request or direct a revision of title and Certificate of Legal Effect For Office Use Registration district: Submitter’s user number: Submitter’s name: In the matter of Parcel Identification Number (PID) PID PID (Expand box for additional PIDs. Maximum 9 PIDs per form) The following additional forms are being submitted simultaneously with this form and relate to the attached document: (check appropriate boxes, if applicable) 9 Form 24(s) 9 Form 8A(s) 9 This Form 24 creates or is part of a subdivision or consolidation

N.S. Reg. 186/2007 Royal Gazette

Part II - Regulations Vol. 31, No. 8 © NS Registry of Regulations. Web version. 369 Take notice that a revision of the registration of the above-noted parcel(

s) is hereby requested or directed, as set out below.

And further take notice that the attached document is signed by [an] attorney for a person under a power of attorney, and the power of attorney is (select one or more) 9 recorded in the attorney roll 9 recorded in the parcel register 9 incorporated in the document 9 no power of attorney applies to this document (Select all appropriate boxes) 9 The following registered interests are changed in the parcel’s registration Instrument type Interest holder and type to be removed (if applicable) Interest holder and type to be added (if applicable) Note: include qualifier (e.g., estate of, executor, trustee, personal representative) (if applicable) Mailing address of interest holder to be added (if applicable) Manner of tenure (if applicable) Description of mixture of tenants in common and joint tenancy (if applicable) Access type to be removed (if applicable) Access type to be added (if applicable) Percentage or share of interest held (for use with tenant in common interests) Non-resident (to qualified solicitor’s information and belief)(Yes/No?) Reference to related instrument in parcel register (if applicable) Reason for removal of interest (For use only when interest is being removed by operation of law) Instrument code: 443 9 The following tenant in common interests that appear in the

section of the parcel register labelled “Tenants in Common not registered pursuant to the Land Registration Act” are to be removed because the interests are being registered (insert names to be removed): ____________________________________________________________________________________ ____________________________________________________________________________________

N.S. Reg. 186/2007 Royal Gazette

Part II - Regulations Vol. 31, No. 8 370 © NS Registry of Regulations. Web version. 9 I have searched the judgment roll with respect to this revision of the registered interest and have determined that it is appropriate to add the following judgment(

s) or judgment-related documents to the parcel register, in accordance with the Land Registration Act and Land Registration Administration Regulations: Instrument type Interest holder name and type to be added Interest holder mailing address Judgment Roll reference 9 The following benefits are to be added and/or removed in