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Part II .

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Community Easements Regulations

made under

Section 16 of the

Community Easements Act

S.N.S. 2012, c. 2

O.I.C. 2013-233 (effective July 9, 2013), N.S. Reg. 248/2013

amended to O.I.C. 2023-335 (effective November 28, 2023), N.S. Reg. 210/2023

Table of Contents

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

Click here to go to the text of the regulations .

Citation

Application of these regulations

Definitions for regulations and Act

Applying for designation

Minister may recommend designation

Minister may recommend revocation of designation

Required content for community easement

Citation

1 These regulations may be cited as the Community Easements Regulations .

Application of these regulations

2 These regulations apply only with respect to community easements other than

recreational-use easements.

Definitions for regulations and Act

(1) In these regulations,

(a)“Act” means the Community Easements Act ;

(b) “designated” means designated as an eligible body in accordance with clause

8(1)(

f) of the Act; and

(c) “land”, in relation to a community easement, means the land over which the

community easement is granted.

(2) In clause 7(

c) of the Act, “drawing” means a drawing prepared by a Nova Scotia

Land Surveyor.

Applying for designation

(1) An organization may apply to the Minister to be designated.

(2) An application for designation must include all of the following:

(

a) proof that the organization has been legally incorporated without purpose of

gain for its members under legislation that requires that any profits or other

benefits to the organization be used solely to promote its objectives;

(

b) proof of the organization’s current registration and good standing issued by

the Registrar of Joint Stock Companies or equivalent authority in the

jurisdiction in which the organization was incorporated or registered;

(

c) if the organization was incorporated outside the Province, the name and

address of a person residing within the Province to whom any

communications and notices may be sent;

(

d) a copy of the objects and bylaws of the organization confirming that 1 of its

primary purposes is a purpose listed in subsection 4(2) of the Act.

Minister may recommend designation

5 If the Minister is satisfied that an organization that applies for designation is eligible to be

designated, the Minister may approve the application and recommend to the Governor in

Council that the organization be designated and that its name be added to

Schedule A.

Minister may recommend revocation of designation

6 The Minister may recommend to the Governor in Council that a designation be revoked

and the organization’s name removed from

Schedule A if the designated organization

(

a) fails to remain legally incorporated in accordance with the criteria set out in

clause 4(2)(a);

(

b) fails to maintain current registration and good standing in accordance with the

criteria set out in clause 4(2)(b);

(

c) amends its bylaws or objects so that they no longer are consistent with clause

4(2)(d); or

(d)contravenes the Act or these regulations.

Required content for community easement

(1) In addition to the content required by the Act, a community easement must contain

all of the following:

(

a) information that demonstrates the capacity of the easement holder to monitor

and enforce the community easement and carry out any necessary remediation

of the land;

(

b) a statement describing the current use of the land;

(

c) a description outlining the natural, scenic, open space, archaeological,

paleontological, historic, cultural, agricultural, working forest or wetland

value of the land;

(

d) a provision providing a right of access to the easement holder as determined

between the parties.

(2) A community easement may be in the form available from the Department of

Natural Resources.

Schedule A

List of Organizations Designated as Eligible Bodies

under the Community Easements Act

The following are designated as eligible bodies for the purpose of clause 8(1)(

f) of the Act:

Annapolis Valley Farmland Trust Society

Climb Nova Scotia Association

Heritage Trust of Nova Scotia

Industrial Heritage Nova Scotia Society

Nova Scotia Working Woodlands Trust

Legislative History

Reference Tables

Community Easements Regulations

N.S. Reg. 248/2013

Community Easements Act

Note: The

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

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

Source Law

The current consolidation of the Community Easements Regulations made

under the Community Easements Act includes all of the following regulations:

N.S.

Regulation

In force

date*

How in force

Royal Gazette

Part II Issue

248/2013

Jul 9, 2013

date specified

Jul 26, 2013

210/2023

Nov

28, 2023

date

specified

Dec

15, 2023

The following regulations are not yet in force and are

not included in the current consolidation:

N.S.

Regulation

In force

date*

How in force

Royal Gazette

Part II Issue

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

rules about in force dates of regulations.

Amendments by Provision

ad. = added

am. = amended

fc. = fee change

ra. = reassigned

rep. = repealed

rs . = repealed and substituted

Provision affected

How affected

Schedule A .......................................

am. 210/2023

Note that changes to headings are not

included in the above table.

Editorial Notes and Corrections:

Note

Effective

date

The reference to the Department of Natural Resources in

subsection 7(2) should be read as a reference to the Department of Lands and

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

Jul 5, 2018

The reference to the Department of Natural Resources in

subsection 7(2) should be read as a reference to the Department of Natural Resources and Renewables in accordance with O.I.C. 2021-210 under the Public Service Act , R.S.N.S. 1989, c. 376.

Aug 31, 2021

Repealed and Superseded:

N.S.

Regulation

Title

In force

date

Repealed

date

Note: Only

regulations that are specifically repealed and replaced appear in this

table. It may not reflect the entire

history of regulations on this subject matter.