Pricing Regulations (N.S. Reg. 49/2003) (just regulations rg2 2003 ap0403)

N.S. Reg. 49/2003

Nova Scotia — Gazette

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Part II Regulations under the Regulations Act Printed by the Queen's Printer Halifax, Nova Scotia Vol. 27, No. 6 April 4, 2003 Contents Act Reg. No.

Page Crop and Livestock Insurance Act Crop Insurance Plan for Soybeans ........................................... . 51/2003 278 Crop Insurance Plan for Spring Grain . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50/2003 270 Dairy Industry Act Fluid Milk Pricing Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49/2003 268 Geoscience Profession Act Proclamation, S. 36, S.N.S. 2002, c. 7 ............... .. ........ . ......... . ... . 52/2003 284 Land Registration Act Land Registration Administration Regulations .................................. 53/2003 285 Motor Vehicle Act Conservation Number Plates Regulations ... . .................. . .. . ....... . ... . 54/2003 339 Documents and Services Fees - amendment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55/2003 340 AVAILABLE SOON The second issue of the 2003 subscription year of the Folio®-based Nova Scotia Regulations CD-ROM, containing the consolidated regulations of Nova Scotia and the quarterly sectional index of regulations, will soon be available from the Office of the Registrar of Regulations.

For information or subscription please call (902) 424-6723 or visit our website at <www.gov.ns.ca/just/regulations/cd>. 267

N.S. Reg. 4912003 N.S. Reg. 49/2003 Made: March 11, 2003 Filed: March 13, 2003 Royal Gazette

Part II - Regulations Fluid Mille Pricing Regulations Order dated March 11, 2003 made by the Natural Products Marketing Council pursuant to clauses 9(

c) and (

d) of the Dairy Industry Act Vol. 27, No. 6 The Natural Products Marketing Council, pursuant to clauses 9(

c) and (

d) of

Chapter 24 of the Acts of 2000, the Dairy Industry Act, at a meeting held on March 11, 2003, made regulations respecting the pricing of fluid dairy products in the form set forth in

Schedule "A", effective March 11, 2003. The regulations attached as

Schedule "A" replace (

a) the Fluid Milk Pricing Regulations made pursuant to clauses 9(

c) and (

d) of the Dairy Industry Act on August7,2001;and (

b) Schedule 9 - Milk Prices for Specified Areas made pursuant to

Section 13 of the Dairy Commission Act on December 3, 1997. Dated and Signed at Truro, Nova Scotia, March 11, 2003.

Schedule "A" Sdg: G. Burris George D. Burris General Manager Natural Products Marketing Council Regulations Respecting the Pricing of Fluid Dairy Products made by the Natural Products Marketing Council pursuant to clauses 9(

c) and 9(

d) of

Chapter 24 of the Acts of 2000, the Dairy Industry Act Citation 1 These regulations may be cited as the Fluid Dairy Pricing Regulations. Minimum prices 2 Except as otherwise provided in these regulations, the minimum wholesale and minimum retail prices of milk in containers sold in Nova Scotia from processors to retailers and from retailers to customers must be 268 (

a) whole milk (including fortified products) 20L lOL 4L 2L lL 500ml 375 ml 250ml 125ml lOml (

b) partly skimmed milk (including fortified products) 20L lOL 4L $27.10 13.55 5.19 2.71 1.38 .74 .65 .43 .30 .03 $26.90 13.45 5.19 0 0 0

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Part II - Regulations Vol 27,No. 6 (c) 2L IL 500ml 375 ml 250ml I25 ml lOml skim milk (including fortified products) 20L lOL 4L 2L IL 500ml 375 ml 250ml I25 ml lOml 2.69 1.37 .73 .65 .43 .30 .03 $26.50 I3.25 5.19 2.65 1.35 .72 .65 .43 .30 .03 (

d) chocolate milk, chocolate partly skimmed milk and flavoured milk (including fortified products) 20 L $29.90 10 L I4.95 4 L 5.74 2L 2~ IL 1.50 500 ml .79 375 ml .75 250 ml .50 (

e) buttermilk 2L $2.67 1.36 .68 IL 500ml (

f) blend cream (containing 10% -17.9% butterfat) 20L lOL IL 500ml 375 ml 250ml lOml (

g) coffee cream (containing 18% • 34.9% butterfat) 20L (

h) lOL IL 500ml 375 ml lOml whipping cream (containing not less than 35% butterfat) IL 500ml 375 ml 250ml $40.920 20.460 2.050 I.090 .840 .560 .032 $50.440 25.220 2.530 I.320 .990 .037 $4.07 2.06 1.67 1.11 269

N.S. Reg. 4912003-5012003 (

i) eggnog 2L lL 375 ml 250ml (

j) concentrated milk lL Maximum discounts Royal Gazette

Part II - Regula.lions $3.65 1.85 .78 .52 $3.22 VoL 27, No. 6 3 The maximum discount that may be extended by a distributor to any end user is 10% of the minimum wholesale price. 4 The maximum discount that may be extended by a distributor to any customer other than an end user is 18.5% of the minimum wholesale price. Equipment 5 A processor must not place or replace their equipment with a customer without the prior approval of the Council, unless the equipment is provided (

a) for a fair, special event, promotion, or special situation on a temporary basis; or (

b) to a school providing milk under a School Milk Program, administered by the Department of Agriculture and Fisheries. N.S. Reg. 50/2003 Made: March 14, 2003 Filed: March 14, 2003 Crop Insurance Plan for Spring Grain Order in Council 2003-88 dated March 14, 2003 Regulations made by the Nova Scotia Crop and Livestock Commission and approved by the Governor in Council pursuant to

Section 6 of the Crop and Livestock Insurance Act The Governor in Council on the report and recommendation of the Minister of Agriculture and Fisheries dated February 13, 2003, and pursuant to

Section 6 of

Chapter 113 of the Revised Statutes of Nova Scotia, 1989, the Crop and Livestock Insurance Act, is pleased, effective on and after March 14, 2003, to (

a) approve the repeal by the Nova Scotia Crop and Livestock Insurance Commission of the Nova Scotia Crop and Livestock Insurance Plan for Spring Grain approved by Order in Council 95-21 dated January 3, 1995; and (

b) approve the making by the Nova Scotia Crop and Livestock Insurance Commission of a new crop insurance plan for spring grain in the form set forth in

Schedule "A" attached to and forming part of the report and recommendation.

Schedule "A" 0 0 I certify that at a meeting held June 27, 2001, the Crop and Livestock Insurance Commission, pursuant to

Section 6 of

Chapter 113 of the Revised Statutes of Nova Scotia, 1989, the Crop and Livestock Insurance Act, passed motions to Q 270

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Part II - Regulations VoL 27, No. 6 (

a) repeal the Nova Scotia Crop and Livestock Insurance Plan for Spring Grain approved by Governor in Council by Order in Council 95-21 dated January 3, 1995; and o (

b) adopt a new crop insurance plan for spring grain in the form attached. 0 0 Crop and Livestock Insurance Commission Per: sgd. Gerald Post Gerald Post, Manager Dated and signed at Truro, Nova Scotia, January 13, 2003. Regulations Respecting a Crop Insurance Plan for Spring Grain made pursuant to

Section 6 of

Chapter 113 of the Revised Statutes of Nova Scotia, 1989, the Crop and Livestock Insurance Act Citation 1 These regulations may be cited as the Crop Insurance Plan for Spring Grain. Purpose 2 The purpose of this plan is to provide for insurance against a reduction in yield of spring grain resulting from one or more of the perils designated in

Section 4.

Interpretation 3 In this plan, (a) "average insurable yield" means the potential production of spring grain as determined by the Commission from an insured person's yield records over the preceding 10 years, and where the required number of production records are not available, the Commission shall use industry averages indexed to the insured person's records for the missing years and yields shall be buffered to+ or - 30% of the industry average, subject to a methodology approved by the Commission; (b) "contract of insurance" means a contract in Form 1 of the regulations respecting general (field crop) insurance; ( c) "designated perils" means the perils designated in

Section 4 for the purpose of this plan; (d) "final seeding report" means a signed declaration of all planted area of spring grain submitted to the Commission by an insured person pursuant to

Section 15; (e) "mixed grain" means any seed mixture that is seeded to be harvested for grain and that includes both oats and barley; (f) "pedigreed seed" refers to a variety of oats, barley and wheat that has the minimum classification of "Certified" seed issued by the Canadian Seed Growers' Association and that is produced in Nova Scotia only for seed production; (g) "spring grain" means varieties of oats, barley, wheat and mixed grain accepted by the Commission for insurance coverage; (h) "total guaranteed production" means the total guaranteed production determined pursuant to

Section 10. Designation of perils 4 The following are designated as perils for spring grain: 271

N.S. Reg. 50/2003 (

a) drought; (

b) frost; (

c) hail; (

d) wind; (

e) excessive moisture; (

f) insects; (

g) plant disease; and (

h) wildlife. Designation of crop year Royal Gazette

Part 11 • Regulations VoL 27,No. 6 S The crop year for spring grain is the period from March 15 in any year to September 30 of the same year. Application 6 An application for a contract of insurance shall be (

a) on a Contract of Insurance Application Form in Form A of the Crop and Livestock Insurance Forms Regulations; (

b) accompanied by a premium deposit of at least $20; and (

c) filed with the Commission no later than May 1 of the first crop year to be insured. Contract of insurance 7 For the purpose of this plan, the entire contract of insurance shall comprise (

a) a contract of insurance; (

b) a completed application filed pursuant to clause 6(a); and (

c) a copy of this plan, and if a document referred to in clause (a), (

b) or (

c) is subsequently amended while the contract of insurance is still in force, a copy of the amendment shall be delivered to the insured person. Duration of contract 8

(1) A contract of insurance shall be in force for the crop year for which it is made and shall continue in force for each crop year after that until it is cancelled by an insured person or the Commission in the manner prescribed by subsection (2) or (3).

(2) A contract of insurance may be cancelled by an insured person or the Commission by notice in writing to the other· party by March 15 of the crop year for which the cancellation is to be effective.

(3) A contract of insurance may be cancelled by the Commission by notice in writing to an insured person if the insured person is in arrears in the payment of the premium under the contract. Coverage 9

(1) All the area of spring grain owned or operated by an insured person and to be harvested shall be offered for insurance coverage.

(2) Despite subsection ( 1 ), the Commission may insure all or part of the area offered for insurance coverage . Total guaranteed production offered 10

(1) The total guaranteed production shall be 70% or 80% of the average insurable yield for the total area of each insured spring grain crop to be harvested. 0 0

(2) Subject to the terms and conditions of the Canada-Nova Scotia Crop Insurance Agreement currently in force, the Commission may offer a total guaranteed production equal to 85% of the average o insurable yield for the total area of each insured spring grain crop to be harvested. 272

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Part II - Regulations VoL 27,No. 6 Established prices 11

(1) The price options for each insurable spring grain crop shall be as set out in the following table: Crop Option#l Option#2 Option #3 Milling wheat $130/tonne $150/tonne $170/tonne Feed wheat $120/tonne $140/tonne $160/tonne Barley $120/tonne $140/tonne $160/tonne Oats $120/tonne $140/tonne $160/tonne Mixed grain $120/tonne $140/tonne $160/tonne

(2) For pedigreed seed, the price options shall be increased by $25 per tonne.

(3) An insured person shall select one of the price options determined pursuant to subsections ( 1) and (2) as the established price for the purpose of calculating premium and indemnity. Maximum indemnity 12 The maximum indemnity for which the Commission is liable under a contract of insurance shall be the amount obtained by multiplying the total guaranteed production by the established price selected pursuant to subsection 11(3). Premium 13

(1) The base premium rate for each $100 of coverage shall be as set out in the following table: Crop Rate at 70% Coverage Rate at 80% Coverage Rate at 85 % Coverage Oats $6.70 $8.80 $9.90 Barley $6.60 $9.40 $11.00 Milling wheat $4.30 $7.10 $8.70 Feed wheat $4.30 $7.10 $8.70 Mixed grain $7.20 $10.00 $11.40

(2) The base premium rate shall be adjusted by giving a discount when indemnity is less than total premiums paid or adding a surcharge when indemnity exceeds total premiums, and adjustments shall be calculated using the following formula: (LR-1) x (n+(20+n)) where "LR" equals total indemnity divided by total premiums and "n" equals the number of years insured in the plan.

(3) Despite subsection (2) the maximum discount shall be 50% and the maximum surcharge shall be 100%.

(4) Despite subsections (1), (2) and (3), the minimum annual premium payable by an insured person in each crop year is $20. (5) 0 14

(1) The premium determined pursuant to subsections (1), (2), and (3) includes premium payments made by the Government of Canada under the Farm Income Protection Act (Canada) and the Province under the Act. An insured person shall pay the premium less any premium deposit to the Commission not later than August 1 for the current crop year. 273

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(2) Interest of 1.5% per month or a minimum of $5 per month will be charged by the Commission on an overdue account. Final seeding report 0 15

(1) An insured person shall file a final seeding report with the Commission within 10 days after the final planting date on a Seeding Report in Form G of the Crop and Livestock Insurance Forms Regulations.

(2) The final seeding report filed with the Commission shall not be amended by an insured person without the consent in writing of the Commission.

(3) The Commission may revise the final seeding report in any or all respects and adjust the premium accordingly, and in this case shall notify an insured person in writing respecting the revision and adjustment.

(4) An insured person shall be deemed to have agreed with the revision and adjustment by the Commission under subsection (3) unless, within 10 days from mailing or delivery of the notification by the Commission, the insured person notifies the Commission in writing that the insured person rejects the revision and adjustment. (

S) When the Commission has received notice from an insured person under subsection (4), it may notify the insured person in writing that the contract of insurance does not apply for the crop year in which the final seeding report was filed and, when notification is given, shall refund any premium deposit paid in respect of that crop year.

(6) A final seeding report revised under subsection (3) shall, failing notice under subsection (4), constitute the final seeding report for the crop year.

(7) Where an insured person fails to file a final seeding report in any crop year the Commission may (

a) prepare the final seeding report; or (

b) deem the insured area to be nil.

(8) Where the Commission prepares a final seeding report under subsection (7), (

a) the Commission shall mail or deliver a copy of the report to the insured person; and (

b) the insured person shall pay the premium for the crop year in respect of which the report was prepared. Incorrect area in final seeding report 16

(1) The Commission may measure the insured area by any method that it considers appropriate.

(2) Despite

Section 10, where the actual measured area of spring grain in a crop year is less than the insured area, the total guaranteed production and the amount of insurance shall be reduced accordingly and no refund of premium shall be made.

(3) Despite

Section 10, where the actual area of spring grain in a crop year exceeds the insured area, the measured area yield will be pro-rated to the insured area in calculating indemnity payable. Final planting date 17

(1) The final date for planting shall be June 8, or any other date as may be determined by the Commission. 0

(2) Where spring grain is planted after the final planting date established pursuant to subsection ( 1 ), the Q Commission shall reduce the amount of insurance coverage on the late-seeded area by a minimum of 5% and this value shall be deducted for each day that planting is delayed. 274

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(3) Despite subsections (1) and (2), no coverage shall be offered for spring grain planted after June 15 in a crop year. Circumstances where contract of insurance does not apply 18 The contract of insurance does not apply to, and no indemnity is payable in respect of, a spring grain crop that (

a) is planted in an area that was not adequately prepared for cropping purposes; (

b) is planted after June 15 in a crop year; or (

c) in the opinion of the Commission is not insurable. Carry-over of stored grain 19 If, prior to harvest, an insured person believes that they will have a claim on an insured crop, and if the insured person has any carry-over of spring grain in storage, the insured person must report the carry-over in writing, before the beginning of harvest, or the Commission may regard the carry-over as new production. Harvesting 20

(1) All spring grain planted by an insured person in a crop year shall be harvested unless the Commission consents in writing to a written request by the insured person to (

a) use any part of the planted area for any other purpose; or (

b) abandon or destroy any part of the insured crop.

(2) Any insured area used for a purpose other than the purpose that was reported by an insured person in the final seeding report without consent pursuant to subsection (1) shall be adjusted at a level not to exceed the guaranteed production in effect.

(3) Each harvested spring grain crop is to be placed in a separate storage.

(4) Unless prior permission is granted and measurements recorded, failure to keep each harvested spring grain crop in a separate storage may jeopardize any indemnity otherwise payable. Notice of crop loss or damage 21 Subject to the contract of insurance, an insured person is required to notify the Commission in writing within 5 days of any loss or damage to the insured crop. Final date for harvest 22 The final date for harvest shall be September 30 or any other date as may be determined by the Commission, and the Commission may establish a potential yield for any insured area not harvested by this date.

Harvest yield report 23 An insured person shall file a harvest yield report within 15 days of the completion of harvest on a Harvest Yield Report Form in Form B of the Crop and Livestock Insurance Forms Regulations. Evaluation of loss 24 For the purpose of determining the reduction in yield of an insured crop in a crop year and any indemnity payable, the value of each crop shall progress through Stages 1 to 3, as prescribed in Sections 25, 26, 27 and 28, and the final adjustment of loss pursuant to

Section 29. Stage 1 25

(1) Stage 1 comprises the period from the date on which seeding of spring grain is completed to a date 30 days later. 275

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(2) Where loss or damage from one or more designated perils occurs to an insured crop during Stage 1, the Commission, upon application in writing by the insured person, may consent in writing to a request to abandon or destroy the insured crop on the damaged area.

(3) Where the Commission approves the abandonment of an insured crop on a damaged area pursuant to subsection (2), and the area is removed from production, the insurance for the year shall be deemed to be cancelled on the portion of the insured crop that is on the damaged area and the amount of loss for the insured crop shall be calculated by multiplying the guaranteed production of the damaged area by the product of the established price and the applicable stage 1 payout rate set out in the following table: Crop Stage 1 payout Rate as % of established price Oats 65% Barley 65% Mixed Grain 65% Feed Wheat 50% Milling Wheat 50%

(4) Whether or not an insured person has made an application pursuant to subsection (2), where loss or damage occurs during Stage 1, the Commission may notify the insured person in writing that it intends to terminate insurance coverage on the portion of the insured crop that is on the damaged area and calculate the amount of loss pursuant to subsection (3) for the damaged area. 0 Reseeding 26

(1) Where loss or damage from one or more designated perils occurs to 2 hectares or more of an insured Q crop during Stage l, the Commission may consent in writing to a written request to reseed the (2)

(3) Stage 2 27 (1) (2) (3) 276 damaged area prior to the final planting date and, when consent is given, shall compensate the insured person pursuant to subsection (2) or (3). When the Commission consents to the reseeding of a damaged area pursuant to subsection (1 ), the Commission shall pay the insured person an amount equal to 25% of the established price multiplied by the guaranteed production for that damaged area. When a damaged area is reseeded in accordance with this

Section to an insured spring grain crop, the contract of insurance shall continue to apply to the reseeded area. Stage 2 comprises the period from the end of Stage 1 to the final harvest date in the crop year, in respect of any portion of the insured crop that is not harvested. Where loss or damage from one or more designated perils occurs to an insured crop during Stage 2, the Commission, upon application in writing by an insured person, may consent in writing to the use of the damaged area for another purpose and the Commission shall determine the size of the damaged area and the potential production. When (

a) consent is given to use a damaged area for another purpose pursuant to subsection (2), and the damaged area is used for that purpose; or (

b) the harvesting of any portion of the insured crop is not completed on the final harvest date Q determined pursuant to

Section 22 and the harvesting was prevented by a designated peril,

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(4) Stage 3 28 (1) (2) then the amount of loss that is taken into account in the final adjustment of loss shall be calculated by multiplying the difference between the guaranteed production for the damaged or unharvested area and the potential production determined under subsection (2) for the damaged area by 80% of the established price. When a damaged area is not used for another purpose or the crop is not abandoned or destroyed despite the Commission's consent, the amount of loss calculated under subsection (3) shall not be taken into account in the final adjustment of loss.

Stage 3 applies to the insured area with respect to which harvesting has been completed. When the actual production of the harvested area is less than the guaranteed production for the area, the amount of loss (

a) shall be taken into account in the final adjustment of loss for the total insured area; and (

b) shall be calculated by multiplying the difference between the guaranteed production and the actual production by the established price.

(3) When a spring grain crop is insured as pedigreed seed, and is rejected for pedigreed seed status as a result of damage from a designated peril, the amount of loss shall be calculated by multiplying the number of tonnes harvested by $25. Final adjustment of loss 29

(1) The indemnity payable respecting the total insured area in the final adjustment of loss shall be the sum of the amounts of loss calculated for each of Stage 1, Stage 2 and Stage 3.

(2) When the actual production exceeds the guaranteed production of the area, the indemnity payable pursuant to subsection (1) shall be reduced by the amount obtained by multiplying the excess by the established price. Notice of claim 30

(1) Despite subsection 12(1) of the Terms and Conditions of Form 1 of the regulations respecting general (field crops) insurance, which specifies a 60-day filing period, a claim for an indemnity payable due to a reduction of yield shall be made to the Commission within 15 days on a Proof of Loss Form in Form C of the Crop and Livestock Insurance Forms Regulations.

(2) Before a payment for an indemnity claimed pursuant to subsection (1) is made, a Claim Release Form in Form D of the Crop and Livestock Insurance Forms Regulations must be received by the Commission.

Arbitration 31 Where the Commission and an insured person have failed to resolve any dispute arising out of the adjustment of loss under a contract of insurance, and the requirements of the regulations made under the Act respecting the filing of a Proof of Loss Form in Form C of the Crop and Livestock Insurance Forms Regulations have been complied with, and either party wishes the dispute determined by arbitration, it shall be the responsibility of that party to notify the other party in writing within 90 days after the end of the crop year that the dispute be determined in accordance with the requirements of the Arbitration Proceedings Regulations. 277

N.S. Reg. 5112003 N.S. Reg. 51/2003 Made: March 14, 2003 Filed: March 14, 2003 Royal Gazette

Part II - Regulations Crop Insurance Plan for Soybeans Order in Council 2003-89 dated March 14, 2003 Regulations made by the Nova Scotia Crop and Livestock Commission and approved by the Governor in Council pursuant to

Section 6 of the Crop and Livestock Insurance Act VoL 27, No. 6 The Governor in Council on the report and recommendation of the Minister of Agriculture and Fisheries dated February 13, 2003, and pursuant to

Section 6 of

Chapter 113 of the Revised Statutes of Nova Scotia, 1989, the Crop and Livestock Insurance Act, is pleased, effective on and after March 14, 2003, to : (

a) approve the repeal by the Nova Scotia Crop and Livestock Insurance Commission of the Nova Scotia Crop and Livestock Insurance Plan for Soybeans approved by Governor in Council by Order in Council 95-21 dated January 3, 1995; and (

b) approve the making by the Nova Scotia Crop and Livestock Insurance Commission of a new crop insurance plan for soybeans in the form set forth in

Schedule "A" attached to and forming part of the report and recommendation.

Schedule "A" I certify that at a meeting held November 1, 1999, the Crop and Livestock Insurance Commission, pursuant to

Section 6 of

Chapter 113 of the Revised Statutes of Nova Scotia, 1989, the Crop and Livestock Insurance Act, passed motions to 0 (

a) repeal the Nova Scotia Crop and Livestock Insurance Plan for Soybeans approved by Governor in o Council by Order in Council 95-21 dated January 3, 1995; and (

b) adopt a new crop insurance plan for soybeans in the form attached. Crop and Livestock Insurance Commission Per: sgd. Gerald Post Gerald Post, Manager Dated and signed at Truro, Nova Scotia, January 13, 2003. Citation Regulations Respecting a Crop Insurance Plan for Soybeans made pursuant to

Section 6 of

Chapter 113 of the Revised Statutes of Nova Scotia, 1989, the Crop and Uvestock Insurance Act 1 These regulations may be cited as the Crop Insurance Plan for Soybeans. Purpose 2 The purpose of this plan is to provide for insurance against a reduction in yield of soybeans resulting from one or more of the perils designated in

Section 4. Interpretation 3 In this plan, 278 0

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Part 11 - Regulations VoL 27,No. 6 (a) "average insurable yield" means the potential production of soybeans as determined by the Commission from an insured person's yield records over the preceding 10 years, and where the required number of production records are not available, the Commission shall use industry averages indexed to the insured person's records for the missing years and yields shall be buffered to + or - 30% of the industry average, subject to a methodology approved by the Commission; (b) "contract of insurance" means a contract in Form 1 of the regulations respecting general (field crop) insurance; (c) "designated perils" means the perils designated in

Section 4 for the purpose of this plan; (d) "final seeding report" means a signed declaration of all planted area of soybeans submitted to the Commission by an insured person pursuant to

Section 15; (e) "soybeans" means all varieties of soybeans accepted by the Commission for insurance coverage; (f) "total guaranteed production" means the total guaranteed production determined pursuant to

Section 10. Designation of perils 4 The following are designated as perils for soybeans: (

a) drought; (

b) frost; (

c) hail; (

d) wind; (

e) excessive moisture; (

f) insects; (

g) plant disease; and (

h) wildlife. Designation of crop year S The crop year for soybeans is the period from May 20 in any year to November 1 of the same year. Application 6 An application for a contract of insurance shall be (

a) on a Contract of Insurance Application Form in Form A of the Crop and Livestock Insurance Forms Regulations; (

b) accompanied by a premium deposit of at least $50; and (

c) filed with the Commission no later than May 1 in advance of the first crop year to be insured. Contract of insurance 7 For the purpose of this plan, the entire contract of insurance shall comprise (

a) a contract of insurance; (

b) a completed application filed pursuant to clause 6(a); and (

c) a copy of this plan, and if a document referred to in clause (a), (

b) or (

c) is subsequently amended while the contract of insurance is still in force, a copy of the amendment shall be delivered to the insured person. Duration of contract 8

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Part II • Regulations Vol 27, No. 6

(2) A contract of insurance may be cancelled by an insured person or the Commission by notice in writing to the other party by March 15 in advance of the crop year for which the cancellation is to be effective.

(1) All the area of soybeans owned or operated by an insured person and to be harvested shall be offered for insurance coverage.

(2) Despite subsection ( 1 ), the Commission may insure all or part of the area offered for insurance coverage. Total guaranteed production offered 10

(1) The total guaranteed production shall be 70% or 80% of the average insurable yield for the total area of each insured soybean crop to be harvested.

(2) Subject to the terms and conditions of the Canada-Nova Scotia Crop Insurance Agreement currently in force, the Commission may offer a total guaranteed production equal to 85% of the average insurable yield for the total area of each insured soybean crop to be harvested. Established prices 11

(1) The price options for each insurable soybean crop shall be (a) $210 per tonne; (b) $230 per tonne; and (c) $250 per tonne. 0

(2) An insured person shall select one of the price options set out in subsection (1) as the established Q price for the purpose of calculating premium and indemnity. Maximum indemnity 12 The maximum indemnity for which the Commission is liable under a contract of insurance shall be the amount obtained by multiplying the total guaranteed production by the established price selected pursuant to subsection 11(2) . Premium 13

(1) The base premium rate for each $100 of coverage shall be as set out in the following table: 280 Coverage Level Premium Rate 70% $6.70 80% $10.70 85% NIA

(3) Despite subsection (2) the maximum discount shall be 50% and the maximum surcharge shall be 100%. 0

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(4) Despite subsections (1), (2) and (3), the minimum annual premium payable by an insured person in each crop year is $50. ·o

(5) The premium determined pursuant to subsections (1) to (3) includes premium payments made by the Government of Canada under the Farm Income Protection Act (Canada) and the Province under the Act. 0 0 14

(1) An insured person shall pay the premium less any premium deposit to the Commission not later than August 1 for the current crop year.

(2) Interest of 1.5% per month or a minimum of $5 per month will be charged by the Commission on an overdue account. Final seeding report 15

(2) The final seeding report filed with the Commission shall not be amended by an insured person without the consent in writing of the Commission.

(4) An insured person shall be deemed to have agreed with the revision and adjustment by the Commission under subsection (3), unless within 10 days from mailing or delivery of the notification by the Commission, the insured person notifies the Commission in writing that the insured person rejects the revision and adjustment.

(5) When the Commission has received notice from an insured person under subsection (4), it may notify the insured person in writing that the contract of insurance does not apply for the crop year in which the final seeding report was filed and, when notification is given, shall refund any premium deposit paid in respect of that crop year.

(6) A final seeding report revised under subsection (3) shall, failing notice under subsection (4), constitute the final seeding report for the crop year.

(7) Where an insured person fails to file a final seeding report in any crop year, the Commission may (

a) prepare the final seeding report; or (

b) deem the insured area to be nil.

(8) Where the Commission prepares a final seeding report under subsection (7), (

a) the Commission shall mail or deliver a copy of the report to the insured person; and (

b) the insured person shall pay the premium for the crop year in respect of which the report was prepared. Incorrect area in final seeding report 16

(1) The Commission may measure the insured area by any method that it considers appropriate.

(2) Despite

Section 10, where the actual measured area of soybeans in a crop year is less than the insured area, the total guaranteed production and the amount of insurance shall be reduced accordingly and no refund of premium shall be made. 281

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Part II - Regulations VoL 27, No. 6

(3) Despite

Section 10, where the actual area of soybeans in a crop year exceeds the insured area, the measured area yield will be pro-rated to the insured area in calculating indemnity payable. Final planting date 17 The final date for planting soybeans shall be June 8, or any other date as may be determined by the Commission. Circumstances where contract of insurance does not apply 18 The contract of insurance does not apply to, and no indemnity is payable in respect of, a soybean crop that (

a) is planted in an area that was not adequately prepared for cropping purposes; (

b) is planted after the final planting date determined pursuant to

Section 17; or (

c) in the opinion of the Commission is not insurable. Carry-over of stored soybeans 19 If, prior to harvest, an insured person believes that they will have a claim on an insured crop, and if the insured person has any carry-over of soybeans in storage, the insured person must report the carry-over in writing before the beginning of harvest, or the Commission may regard the carry-over as new production. Harvesting 20

(1) All soybeans planted by an insured person in a crop year shall be harvested unless the Commission consents in writing to a written request by the insured person to (

a) use any part of the planted area for any other purpose; or (

b) abandon or destroy any part of the insured crop. 0

(2) Any insured area used for a purpose other than the purpose that was reported by an insured person in 0 the final seeding report without consent pursuant to subsection (1) shall be adjusted at a level not to exceed the guaranteed production in effect. Notice of crop loss or damage 21 Subject to the contract of insurance, an insured person is required to notify the Commission in writing within 5 days of any loss or damage to the insured crop.

Final date for harvest 22 The final date for harvest-shall be November 1, or any other date as may be determined by the Commission, and the Commission may establish a potential yield for any insured area not harvested by this date. Harvest yield report 23 An insured person shall file a harvest yield report within 15 days of the completion of harvest on a Harvest Yield Report Form in Form B of the Crop and Livestock Insurance Forms Regulations.

Evaluation of loss 24 For the purpose of determining the reduction in yield of an insured crop in a crop year and any indemnity payable, the value of each crop shall progress through Stages 1 to 3 as prescribed in Sections 25, 26, 27 and 28, and the final adjustment of loss pursuant to

Section 29. Stage 1 25

(1) Stage 1 comprises the period from the date on which seeding of soybeans is completed to a date 30 days later.

(2) Where loss or damage from one or more designated perils occurs to an insured crop during Stage 1, 0 the Commission, upon application in writing by the insured person, may consent in writing to a request to abandon or destroy the insured crop on the damaged area. 282

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Part II • Regulations Vol. 27, No. 6

(3) Where the Commission approves the abandonment of an insured crop on a damaged area pursuant to subsection (2), and the area is removed from production, the insurance for the year shall be deemed to be cancelled on the portion of the insured crop that is on the damaged area and an adjustment of the total guaranteed production for the area shall be made, less any potential production applied to the area multiplied by 70% of the established price.

(1) Where loss or damage from one or more designated perils occurs to 2 hectares or more of an insured crop during Stage l, the Commission may consent in writing to a written request to reseed the damaged area prior to the finaJ planting date and, when consent is given, shall compensate the insured person pursuant to subsection (2) or (3). (2)

(3) Stage 2 27

(1) If the Commission consents to the reseeding of a damaged area pursuant to subsection ( 1) and the damaged area is removed and reseeded, the Commission shall pay the insured person an amount equal to 25% of the established price multiplied by the guaranteed production for that damaged area. When a damaged area is reseeded in accordance with this

Section to an insured soybean crop, the contract of insurance shall continue to apply to the reseeded area. Stage 2 comprises the period from the end of Stage 1 to the final harvest date in the crop year, in respect of any portion of the insured crop that is not harvested.

(2) Where loss or damage from one or more designated perils occurs to an insured crop during Stage 2, the Commission, upon application in writing by an insured person, may consent in writing to the use of the damaged area for another purpose and the Commission shall determine the size of the damaged area and the potential production.

(3) When (

a) consent is given to use a damaged area for another purpose pursuant to subsection (2), and the damaged area is used for that purpose; or (

b) the harvesting of any portion of the insured crop is not completed on the final harvest date determined pursuant to

Section 22 and the harvesting was prevented by a designated peril, then the amount of loss that is taken into account in the final adjustment of loss shall be calculated by multiplying the difference between the guaranteed production for the damaged or unharvested area and the potential production determined under subsection (2) for the damaged area by 80% of the established price.

(4) When a damaged area is not used for another purpose or the crop is not abandoned or destroyed despite the Commission's consent, the amount of loss calculated under subsection (3) shall not be taken into account in the final adjustment of loss. Stage 3 28

(1) Stage 3 applies to the insured area with respect to which harvesting has been completed.

(2) When the actual production of the harvested area is less than the guaranteed production for the area, the amount of loss (

a) shall be taken into account in the final adjustment of loss for the total insured area; and 283

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Part 11 • Regulations Vol 27, No. 6 (

b) shall be calculated by multiplying the difference between the guaranteed production and the 0 actual production by the established price. Final adjustment of loss 29

(1) The indemnity payable respecting the total insured area in the final adjustment of loss shall be the sum of the amounts of loss calculated for each of Stage l, Stage 2 and Stage 3.

(2) Before a payment for an indemnity claimed pursuant to subsection ( 1) is made, a Claim Release Form in Form D of the Crop and Livestock Insurance Forms Regulations must be received by the Commission.

N.S. Reg. 5212003 Made: March 14, 2003 Filed: March 14, 2003 Proclamation, S. 36, S.N.S. 2002, c. 7 Order in Council 2003-93 made March 14, 2003 Proclamation made by the Governor in Council pursuant to

Section 36 of the Geoscience Profession Act The Governor in Council on the report and recommendation of the Minister of Justice dated February 19, 2003, pursuant to

Section 36 of

Chapter 7 of the Acts of 2002, the Geoscience Profession Act, is pleased to order and declare by proclamation that

Chapter 7 of the Acts of 2002, the Geoscience Profession Act, come into force on and not before March 14, 2003. PROVINCE OF NOV A SCOTIA G/S Sgd: Constance R.Glube ELIZABETH THE SECOND, by the Grace of God, of the United Kingdom, Canada and Her Other Realms and Territories, Queen, Head of the Commonwealth, Defender of the Faith. TO WHOM ALL THESE PRESENTS SHALL COME, OR WHOM THE SAME MAY IN ANY WISE CONCERN, GREETING 284 0

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Part II - Regulations VoL 27, No. 6 A PROCLAMATION

WHEREAS in and by

Section 36 of

Chapter 7 of the Acts of 2002, the Geoscience Profession Act, it is enacted as follows: 36 This Act comes into force on such day as the Governor in Council orders and declares by proclamation. AND

WHEREAS it is deemed expedient that

Chapter 7 of the Acts of 2002, the Geoscience Profession Act, come into force on and not before March 14, 2003. NOW KNOW YE THAT WE, by and with the advice of the Executive Council of Nova Scotia, do by this Our Proclamation order and declare that

Chapter 7 of the Acts of 2002, the Geoscience Profession Act, come into force on and not before March 14, 2003, of which all persons concerned are to take notice and govern themselves accordingly. IN TESTIMONY WHEREOF We have caused these our Letters to be made Patent and the Great Seal of Nova Scotia to be hereunto affixed. WITNESS, Our Trusty and Well Beloved Her Honour the Honourable Constance R. Glube, Administrator of the Government of the Province of Nova Scotia.

AT Our Law Courts in the Halifax Regional Municipality this 14th day of March, in the year of Our Lord two thousand and three and in the fifty-second year of Our Reign. BY COMMAND: Sgd: Jamie Muir Provincial Secretary Minister of Justice and Attorney General N .S. Reg. 53/2003 Made: March 17, 2003 Filed: March 20, 2003 Land Registration Administration Regulations Citation Order dated March 17, 2003 made by the Minister of Service Nova Scotia and Municipal Affairs pursuant to

Section 94 of the Land Registration Act Regulations Respecting Administration of the Land Registration Act made by the Minister of Service Nova Scotia and Municipal Relations pursuant to

Section 94 of

Chapter 6 of the Acts of 2001, the Land Registration Act 1 These regulations may be cited as the Land Registration Administration Regulations.

Definitions 2

(1) In these regulations, 285

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Part II • Regula.tions VoL 27, No. 6 286 (a) "Act" or "LRA" means the Land Registration Act; (b) "application for registration" or "AFR" means an application to a registrar for registration of 0 the title to a parcel made pursuant to

Section 37 of the Act; ( c) "authorized lawyer" means an eligible lawyer who has entered into a Property Online Authorized Lawyer User Agreement with the Minister pursuant to subsection 94(3) of the Act that is in force; (d) "authorized surveyor" means a Nova Scotia Land Surveyor who has entered into a Property Online Parcel Certification User Agreement with the Minister pursuant to subsection 94(3) of the Act that is in force; (e) "Department" means the Department of Service Nova Scotia and Municipal Relations; (f) "dual purpose document" means a single document that (

i) affects two or more parcels, one or more of which is registered pursuant to the Act and one or more of which is still governed by the Registry Act, or (ii) evidences interests that are to be registered pursuant to

Section 17 and also recorded pursuant to

Section 47 of the Act; (g) "land registration office" means a land registration office established pursuant to

Section 7 of the Act; (h) "owner" includes an agent empowered to act for an owner; (i) "parcel description certification application" or "POCA" means an application in accordance with

Section 5 to have the parcel identification number of the parcel certified by the registrar o to match the legal description of the parcel; (j) "parcel identification number" or "PID" means the unique number in the Province's electronic mapping system assigned to each parcel registered under the Act; (k) "parcel register" means "register" as defined in clause 3(1)(

t) of the Act; (1) "permanent resident" means a person who ordinarily resides in the Province for 183 days or more in a calendar year, and includes a person who intends to so reside in the present or next ensuing calendar year; (m) "Property Online" means the Province's online property information system that provides Internet browser-based query access to land related information and electronic access for the submission of parcel description certification applications and applications for registration pursuant to the Act and these regulations; and (n) "user name" means a unique identification number or name given to each Property Online user.

(2) For purposes of the Act, (a) "abstract of title" in clause 37( 4)(

c) of the Act means a photocopy of the abstract of title and not the original; (b) "addresses of the parties" in subsection 67(1) of the Act includes the civic addresses of the parties to the action, where available; (c) "instrument that most recently conveyed the fee simple interest" in clause 13(l)(

f) of the Act 0

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Part II - Regulations VoL 27, No. 6 means (

i) a deed or Crown grant registered pursuant to the Registry Act that most recently conveyed the fee simple in the parcel, (ii) a deed from the person possessing the parcel to him or herself, in the case of an interest being registered based on adverse possession or prescription, (iii) a certificate of the Registrar of Crown Lands describing the parcel and confirming that it has never been conveyed, in the case of land of Her Majesty that has never been conveyed, or (iv) a certificate of title pursuant to the Land Titles Clarification Act or the Quieting Titles Act whether or not the certificate is registered pursuant to the Registry Act, but for greater certainty does not include a mortgage or other charge or a will; (d) "interests" in clause 3(1)(

w) of the Act means interests specified in

Section 17 that may be registered; (e) "mailing address" means a complete address by which an individual or company is able to receive information, including notices, by mail; (f) "mortgage" in clause 46(1)(

c) of the Act includes any amendment to a mortgage that increases the principal amount of the obligation secured, adds an additional parcel, or permits additional advances up to the original amount secured, but does not include (i) (ii) (iii) (iv) other amendments, an assignment, a mortgage of a leasehold interest with a term of 20 years or less, including any renewal periods of the lease, or an advance on an existing security interest that secures present and future advances up to the original principal amount of the charge; (g) "non-resident" means (

i) in the case of an individual, a person who is not a permanent resident of the Province, (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 persons who are 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); (h) "parcel" in subsection 37(2) of the Act does not include an unregistered parcel that is being created for purposes of consolidation with an abutting unregistered parcel where the parcel being created is incapable of being approved except as an addition to another parcel; 287

N.S. Reg. 5312003 Royal Gazette

Part II • Regulations Vol 27,No. 6 (i) "parcel" in subsection 19(

a) of the Act means only a parcel that is sufficiently detailed on a plan to allow the legal description to be certified pursuant to the Act and these regulations based only on a reference to the lot number; (j) "person's name" in subsection 66(8) of the Act means (

i) if a parcel is registered pursuant to 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 pursuant to the Act, the name shown on the relevant instrument registered pursuant to the Registry Act; (k) "security interest" in subsection 37(3) of the Act includes any amendment to a security interest that increases the principal amount of the obligation secured, adds an additional parcel or parcels to an existing security interest or any amendment that 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 with a term of 20 years or less including any renewal periods of the lease, or (iv) an advance on an existing security interest that secures present and future advances up to the original principal amount of the charge; (1) "time for which the judgment was recorded" in clause 66( 4 )(

c) of the Act means 20 years after 0 the date of the judgment if the judgment was recorded as specified to in subsection 65(5) of 0 the Act; and Forms 3 (1) (2) (3) (4) (5) (6) (m) "unreleased security interest" in subsection 40(1) means an unreleased security interest to secure borrowing for a non-commercial purpose. Forms 1 to 22 in

Schedule A are prescribed for filing, registering and recording at the land registration office. Forms 23 to 28 and Form 44A in

Schedule A are prescribed as the cover pages required by

Section 4. Forms 29 to 43 in

Schedule A are prescribed for the use of the land registration office staff. Form 44 in

Schedule A is prescribed for use as a cover page to be attached to any document to be registered pursuant to the Registry Act and which are not required to be registered or recorded pursuant to the Land Registration Act. Directions and explanations included in a form are binding but may be deleted when a form is submitted for filing, registering or recording at the land registration office. The place of execution or a jurat contained in a form may be altered to suit the circumstances prevailing at the time of execution of the form.

(7) Any reference to location or place of residence in the Province contained in a form may be altered suit the circumstances prevailing at the time of execution of the form. Document preparation 4

(1) Every document presented for registration or recording pursuant to the Act must include the 288 0

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Part II - Regulations Vol 27, No. 6 following information on an attached cover page as prescribed in subsection 3(2): (

a) the names and mailing addresses of all transferees or claimants; (

b) the names of the grantees, in the form in which they are to be indexed in a names-based roll or placed in the parcel register; (

c) the user name, if applicable; (

d) the parcel identification number of each parcel affected by the document; (

e) a precise identification of the nature of the document and the type of interest being added, including references to registry numerical coding where applicable; (

f) the date of expiry of any interest, if applicable; (

g) if a document is signed on behalf of a person by the holder of a power of attorney for that person, a statement indicating that the power of attorney is recorded in the attorney roll or the parcel register, or that a copy of the power of attorney is attached to the document; and (

h) the registration district where the parcel is located.

(2) Every document presented for registration pursuant to the Act must also include a statement as to whether any of the owners of the interest is a non-resident.

(3) Where no cover page specified in subsection 3(2) corresponds with a document being presented for registration or recording, the information required under subsection (1) and (2) must be included on the first page of the document being presented. o

(4) The registrar is entitled to rely upon the information contained in a cover page. 0

(5) A dual purpose document must not be accepted for registration or recording pursuant to both the Act and the Registry Act unless the original document is accompanied by a copy that has been certified to be a true copy of the original by a Commissioner of Oaths or Notary Public. Parcel description certification application 5

(1) An application for certification by the registrar of a match between the parcel identification number and the legal description of the parcel as required by clause 37(4)(

g) of the Act shall be by (

a) submission of an electronic PDCA in Form 2; or (

b) submission of a paper PDCA in Form 3, accompanied by a computer diskette containing an electronic text file of the legal description of the parcel, if the registrar is unable to accept an electronic application for any reason including system unavailability or failure.

(2) A PDCA may be submitted only by an individual who is authorized on behalf of a parcel owner to submit the PDCA and who is (

a) an authorized lawyer; (

b) an authorized surveyor; or (

c) a member of such other class of individuals authorized by the Minister to submit PDCAs.

(3) Prior to submitting a PDCA, the individual who will be submitting the PDCA on behalf of the parcel owner, shall assist the applicant parcel owner in identifying the parcel's PID and take reasonable steps to identify the PID, including (

a) reviewing the legal description; 289

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Part II - Regulations VoL 27, No. 6 (

b) reviewing Provincial mapping graphics; and (

c) having the applicant parcel owner confirm the apparent match of the graphics identified by the 0 PID with the legal description.

(4) If an electronic graphical representation of a parcel does not exist, an applicant parcel owner must submit a Request for PID Assignment in Form 1 before submitting a PDCA, along with such information as will enable the preparation of a graphical representation of the parcel.

(5) Subject to Sections 7 and 8, a legal description submitted as the certified legal description and included in the PDCA must contain the full text of the legal description, including the full text of (

a) every servitude that benefits the parcel; (

b) every easement referred to in the legal description; and (

c) every parcel excepted from the legal description, unless the excepted parcel is described by reference to a plan that has been registered or recorded pursuant to the Act or the Registry Act.

(6) If the length of a legal description exceeds the space available in the electronic PDCA form (

a) the electronic PDCA form must be submitted in the usual manner and the legal description must be sent to the land registration office as a text file attached to an e-mail; (

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

c) the PDCA number provided by the system once the electronic PDCA form is successfully submitted, must be referenced in the e-mail to which the legal description is attached. Creation of legal description on subdivision 6 If a parcel registered pursuant to the Act is subsequently subdivided, the registrar may (

a) if the details shown on the plan of subdivision permit, create a legal description that complies with

Section 19 of the Act for one or more of the subdivided parcels and the remainder lands; or (

b) require the owner of the subdivided parcels to submit a PDCA for one or more of the subdivided parcels or remainder lands. Change in legal description 7

(1) If the legal description of a registered parcel is altered by a plan of survey, correction of an error, 290 addition of a servitude that benefits the parcel or to which the parcel is subject, or another cause, a PDCA for the amended parcel in Form 2 or 3 required by

Section 5, must be made to the registrar and the new legal description approved by the registrar as the certified legal description in order to revise the register to show the new legal description.

(2) The following words of certification, signed by an authorized lawyer or authorized surveyor, must be included in the amended legal description required by subsection (1): "I certify that this legal description is intended to describe, the same parcel as represented by PID "

(3) An application pursuant to this

Section which requests adding the benefit of a servitude to a registered parcel must (

a) if the servitude encumbers lands registered pursuant to the Act, be accompanied by (

i) the document that conveys the servitude, and 0 0

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Part II - Regulations VoL 27, No. 6 (ii) an authorized lawyer's certificate of legal effect in Form 9 confirming that the registered owner of the parcel has good title to the servitude; or (

b) if the servitude encumbers lands not registered pursuant to the Act, be accompanied by (

i) the document which conveys the servitude, (ii) an abstract of title to the land subject to the servitude, (iii) an Opinion of Title and Affidavit of Verification in Form 8, and (iv) an authorized lawyer's Certificate of Legal Effect in Form 9 confirming that the registered owner of the parcel has good title to the servitude.

(4) Upon receipt of a certificate of legal effect as required by clause (3)(a), the registrar must update the particulars of the registered interest to show the benefit of the servitude in accordance with the certificate of legal effect.

(5) If the legal description of a registered parcel is altered as the result of a survey, and the plan of survey is recorded pursuant to the Act, the amended legal description required by subsection ( 1) may, in lieu of including the full description of the property to which the document relates, refer to the parcel by lot number as shown on the plan, as provided for in sttbsection [clause] 19(

a) of the Act. Change in boundaries 8

(1) If a plan of survey of a parcel that is registered pursuant to the Act illustrates the need to change an existing certified legal description, a PDCA for the amended parcel in Form 2 or 3 as required by

Section 5, must be submitted together with a copy of the survey plan upon which it is based.

(2) The amended legal description in a PDCA required pursuant to subsection ( 1) may, in lieu of including the full description of the property to which the document relates, refer to the parcel by lot number as shown on the plan, as provided for in sttbsection [clause] 19(

a) of the Act.

(3) The following words must be included in the amended legal description required by subsection (1): "Being and intended to be the same parcel certified to match PID _____ "

(4) If land that is not part of a registered parcel is to be added to a registered parcel, an application to add the land to the registered parcel must be made in accordance with an application for registration in

Section 9. Application for registration 9

(1) An application for registration made pursuant to

Section 37 of the Act must be made by an authorized lawyer.

(2) An application for registration must be submitted (

a) electronically in Form 6 (

i) in draft form for preliminary approval by the registrar, and (ii) in final form, after receipt of the preliminary approval of the registrar; or (

b) in hard copy in draft or final form using Form 7, if the registrar is unable to accept an electronic application for registration in draft or final form for any reason including system unavailability or failure .

(3) The following items, together with the items specified in subsection 37(4) of the Act, must be 291

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Part II - Regulations Vol. 27, No. 6 received in the land registration office within 10 business days of the submission of Form 6 or 7 in final form: (

a) a statutory declaration from the owner respecting residency and occupation in Form 5; (

b) an authorization to submit application for registration in Form 4; (

c) copies of any documents referred to in an abstract of title that are not already registered, recorded or filed pursuant to the Act or the Registry Act; and (

d) a copy of the statement of registered and recorded interests in Form 29 that was sent electronically to the authorized lawyer upon submission of the final form of Form 6 or 7, that has been signed by the submitting authorized lawyer.

(4) If circumstances require, the statutory declaration from the owner respecting residency and occupation in Form 5 may be sworn by an owner's personal representative, trustee, or agent who has personal knowledge of the facts.

(5) A reference in the application for registration to the book and page in the registry of deeds for the document that most recently conveyed the fee simple 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.

(6) Subject to subsection (7), if a statutory declaration pursuant to clause (3)(

a) discloses the existence of possession that is adverse, the applicant must (

a) notify the occupier in writing that an application for registration of the parcel has been made; and 0 (

b) include a copy of the written notice together with the other documents required to accompany 0 the application for registration pursuant to subsection (3). (7) Subsection (6) does not apply to adverse possession that is preserved by subsection 75(1) of the Act.

(8) For purposes of subsection (9) "current owner" means the predecessor in title to the sheriff, trustee, mortgagee, or receiver in the case where title to a parcel has vested in a sheriff, trustee, mortgagee, or receiver.

(9) An application for registration made to the registrar pursuant to subsection 37(2) of the Act, must be made in the name of the current owner and the registration must be revised subsequently to show the change in ownership as requested in the request to revise and certificate of legal effect. Registration pursuant to

Section 41 of the Act 10 A person registering an interest in a parcel pursuant to

Section 41 of the Act must first submit (

a) a PDCA in accordance with

Section 5; and (

b) an application for registration in accordance with subsections 9(1) and (2), and clauses 37(4)(a), (ba) and (

g) of the Act, and accompanied by the items required in clause 9(3)(

d) of these regulations . Content of register 11

(1) In addition to the matters specified by subsection 13(1) of the Act, a parcel register must contain a reference to 292 (

a) the full text of every document by which the title to the parcel is affected, as registered or recorded pursuant to the Act or the Registry Act; (

b) any judgment against predecessors in title to which the parcel is, or may be, subject; 0

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Part II - Regulations VoL 27, No. 6 (

c) any judgments against any registered owner(

s) that were effective at the time of registration or revision of the registered ownership of the interest; and (

d) an instrument or interest type assigned to a registered or recorded interest in a parcel register.

(2) A parcel register is deemed to be a complete statement of all judgments against predecessors in title to the registered owner of the parcel that bind the parcel.

(3) If a parcel register does not include a reference to a judgment against a previous owner of the parcel to which the parcel is still subject, and the judgment creditor or the assignee of the judgment creditor suffers loss as a result of the effect of subsection 20(1) of the Act, the failure to include the reference is deemed to be a failure to make a recording for which the judgment creditor or the assignee of the judgment creditor is entitled to compensation pursuant to

Section 85 of the Act.

(4) An archive register is not part of the parcel register. Prescribed contracts 12

(1) Contractual rights respecting parcels registered pursuant to the Act, including but not limited to rights of first refusal, are prescribed contracts for the purposes of the definition of "interest" in clause 3( 1 )(

g) of the Act.

(2) Prescribed contracts may be recorded in the parcel register and, if recorded, are subject to the Act's recording and cancellation of recording provisions. Certificate of registered ownership 13

(1) A certificate of registered ownership may be issued pursuant to subsection 13(5) of the Act, only if the applicant is the registered owner of the fee simple estate in the parcel.

(2) A certificate of registered ownership must be in Form 30. Certificate of legal effect 14

(1) A request to revise the registration of a registered parcel must be in Form 24 and must include a certificate of legal effect.

(2) A direction to revise the registration of a registered parcel must be in Form 25 and must be accompanied by a document that operates as a direction to revise the registration of a registered parcel.

(3) Despite subsections (1) and (2), a certificate of legal effect is not required is an opinion of title is filed pursuant to clause 37(4)(

b) of the Act. Tenants in common 15

(1) If an undivided interest in a parcel is registered pursuant to the Act, the outstanding undivided interests will not be registered unless (

a) the application for registration and opinion of title include the outstanding undivided interests; or (

b) a Form 24 is submitted subsequent to the registration of the parcel.

(2) A Form 24 submitted pursuant to clause (l)(

b) must be accompanied by all the items referred to in subsection 37(4) of the Act and subsection 9(3) of these regulations. Change of name 16

(1) An application pursuant to

Section 22 of the Act to change the name in which a parcel is registered must be in Form 21.

(2) Form 21 must be accompanied by a copy of a certificate of change of name or amalgamation, or 293

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Part II • Regulations Vol 27, No. 6 equivalent document if the change of name is the result of the change of name or amalgamation of a corporation .

(3) Section 22 of the Act applies if the parcel or registration information is incorrect because of the misspelling of the name of a registered owner or interest holder in a deed or other document. Registration of possessory title 17

(1) Subject to subsections (2) to (4), title to a parcel based on an interest acquired by adverse possession or prescription will not be registered unless the interest holder submits an application that complies with

Section 37 of the Act and

Section 9 of these regulations .

(2) H an order of the court confirms that an interest in a registered parcel has been acquired by adverse possession or prescription as referred to in clause 74(2)(

a) of the Act (

a) Section 41 of the Act and

Section 10 of these regulations apply to the revision of the parcel's registration with the necessary changes; and (

b) any plan of survey that is referred to in the order must be recorded by the person seeking to register or record the order of the court.

(3) H the Crown is the registered owner of the registered interest in a parcel and an interest as described in

Section 74 of the Act has been acquired in a parcel and the Crown issues a release pursuant to

Section 37 of the Crown Lands Act, the release must be registered pursuant to the Registry Act and the parcel's registration will not be revised until an application for registration is made pursuant to

Section 37 of the Act.

(4) For the purposes of subsection (2), an application for registration pursuant to

Section 37 of the Act must be effected by a request to revise the registration and certificate of legal effect in Form 24, and 0 all of the other provisions of

Section 37 of the Act and

Section 9 shall apply with the necessary o changes. Judgment information 18

(1) Section 5 and subsection 66(8) of the Act apply with any necessary changes for legal entities . 294

(2) For purposes of the preparation of judgments pursuant to subsections 67(1) and (4) and 68(2) of the Act, information that tends to distinguish a person from another person of the same or similar name includes a date of birth.

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

a) of the Act (

a) surnames that begin with "Mc" are identical 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 but that do not include these features; and (

c) despite a slight difference in spelling, the surname of the judgment debtor is deemed to be identical to the surname of a registered owner as recorded in the parcel register if the distinguishing information on the judgment certificate is identical to the distinguishing information on the parcel register.

(4) A judgment creditor who holds a judgment that is recorded in the judgment roll may update the name or address of the judgment debtor by recording a Request to Update the Name or Address of a Judgment Debtor and Affidavit in Form 21A in the judgment roll and, if applicable, parcel register.

(5) An update of name or address pursuant to subsection (4) is effective from the date and time that the Q request was recorded.

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Part II - Regulations VoL 27,No. 6

(6) On the coming into force of the Act, statutory declarations respecting similar names judgments must be recorded in the judgment roll. Removal of judgments recorded pursuant to the Registry Act 19 On the coming into force of the Act, a judgment recorded pursuant to the Registry Act before that date is deemed to be removed from the roll when any of the conditions of clauses 66(4)(

a) to (

d) of the Act are met. Cancellation of a recorded interest 20 If the recording of an interest is cancelled pursuant to clause 57 ( 1 )(

b) of the Act, the document that cancels the interest must be recorded in the parcel register or the names based roll as required and must be accompanied by, or incorporate the information contained in, a Request to Cancel the Recording of an Interest in Form 27. Cancellation of associated documents 21 Documents recorded pursuant to subsection 62(3) of the Act to amend, assign, renew, postpone, partially terminate, terminate or otherwise affect a recorded interest may be removed from the register when the recorded interest is cancelled. Compliance with subsection 51(4) of the Act 22

(1) A security interest holder is deemed to be in compliance with subsection 51(4) of the Act where, 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. (2) Subsection 51(4) of the Act does not apply where the security interest is intended to remain in place to secure future advances. Proof of service 23 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, the time of day, and the date on which it was served; (

c) where it was served; (

d) how service was effected; and (

e) any other particulars required pursuant to the Act and to which must be attached as an exhibit, a copy of all documents served. Notice to cancel or amend an interest 24

(1) A notice to the registrar to cancel or amend an interest pursuant to subsection 60(2) or subsection 63(4) of the Act must be accompanied by (

a) an affidavit proving service on the holder of the interest; and (

b) the fee for recording the notice.

(2) Proof of service of a notice pursuant to subsection 60(2) or 63(4) of the Act must be recorded in an archive register together with the interest cancelled. Notices 25

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

(2) If an address is not known, the Registrar General may provide directions for substituted service of 295

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Part 11 - Regulations VoL 27, No. 6 any notice pursuant to the Act or these regulations. ~~ 0 26

(1) If the Registrar General orders that no further registrations or recordings be made with respect to a parcel in accordance with clause 56(1 )(

d) of the Act, a copy of the order must be filed in the parcel register.

(2) If the Registrar General orders that no further registrations or recordings be made with respect to a party to a document, or a person attempting to register or record a document in accordance with clause 56(1)(

d) of the Act, a copy of the order must be filed in the judgment roll indexed under the name of each person with respect to whom the order was made.

(3) If the Registrar General orders that no further registrations or recordings be made with respect to documents presented by, prepared by, or certified by a named person in accordance with clause 56(2)(

c) of the Act, a copy of the order must be filed in the judgment roll indexed under the name of each person with respect to whom the order was made. Land registration offices 27

(1) A land registration office is established in each registration district at such time as the Act comes into force in each registration district.

(2) On the coming into force of the Act in each registration district, the land registration office will be combined with the registry of deeds established pursuant to the Registry Act for that registration district.

(3) The combined land registration office and registry of deeds for each registration district is the land registration office for the particular registration district. Office hours 28

(1) Each land registration office is open to the public between the hours of 8:30 am and 4:30 pm, Monday through Friday, except on holidays observed by the Province.

(2) Each land registration office must accept documents for registration or recording that are delivered to the land registration office in hard copy between the hours of 8:30 am and 4:00 pm, Monday through Friday, except on holidays observed by the Province.

(3) Each land registration office must accept documents submitted electronically 24 hours per day, 7 days per week, subject to system availability.

(4) Documents submitted electronically are processed during the hours the land registration office is open to the public. Effective date 29 These Land Registration Administration Regulations are effective on March 24, 2003. I hereby prescribe the foregoing regulations and forms in

Schedule "A" pursuant to

Section 94 of

Chapter 6 of the Acts of 2001, the Land Registration Act. Sgd: P. G. Christie Peter G. Christie Minister of Service Nova Scotia and Municipal Relations March 17, 2003 296 0 0

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Schedule A Land Registration Administration Regulations Forms Forml Request for PID Assignment Land Registration Administration Regulations

Section 5 Registration District: -------------- Registrant User Number: ------------- Select One: o This parcel is not mapped. o This parcel is a portion of existing PID ____ _ Assessment Account: _____ External File Number: ------- Parcel Location: Civic# ____ Lot#: ____ Community ___ _ Additional Location Information: --------------- Book and Page reference of latest conveyance of parcel (and legal description number if multiple parcels in

Schedule A) ------------ Is the request for Parcel Description Certification related to a mandatory migration of a parcel to the new land registration system? Yes o No o Note: You must attach a legible written legal description of the parcel 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/Agent of Applicant 1. I have reviewed the mapping and have confirmed that the parcel described in the attached legal description has not been 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. DA TED at--------• in the County of _____ , Province of Nova Scotia, this _______ day of _________ ., 20 __ _ Land Registration Use Only: PID Assigned: ________ _ Property Mapper: ______ _ Signature of Property Owner Name: Address: Phone: Email: Fax: 297

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Part II - Regula.lions Form2 Parcel Description Certification Application Land Registration Act, S.N.S., 2001, c. 6, clause 37(4)(g) [Electronic Application] [Registrant User Number is captured by the system] PID: _____ _ Assessment Account: -------- County I Registration District: 1 ------- External File Number: ---------- Parcel Location 2: Civic# ____ Lot#: ____ Community ___ _ VoL 27, No. 6 Book and Page reference of latest conveyance of parcel (and legal description number if multiple parcels in

Schedule A) ___ _ Application Type: [if PID has a certified legal description, field defaults to amending] Statement of Applicant's Agent I have reviewed the legal description included in this application and the provincial mapping graphics. The owner applicant has confirmed that the graphics identified by the PID appear to match the legal description for the PID. The submission of this PDCA does not constitute a representation or expression of opinion as to location, boundaries or extent of the parcel.

Comments3: Legal Description: (Limited to 32K Characters - 8 pages of text): 1System generated from PID data. 2System generated from PID data. 3Submitter inserts comments to facilitate the certification process (explanation of discrepancies, etc) Form3 Parcel Description Certification Application Land Registration Act, S.N.S., 2001, c. 6, clause 37(4)(

g) Land Registration Administration Regulations clause 5( 1 )(b) [Paper Form] Registrant User Number:--------- Registration District: -------- PID: ____ _ 298 0 0 0

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Part II - Regulations VoL 27,No. 6 Assessment Account: -------- Parcel Location: Civic # Lot #: Community ___ _ Book and Page reference of latest conveyance of parcel (and legal description number if multiple parcels in

Schedule A) ___ _ Name and Address/Phone Number/Email of Current Owner(s): (Expand if additional owners) Name and Address/Phone Number /Email of Submitter: Application Type: (select one) o Amending (certified previously) D Existing (not certified previously) Legal Description: D A copy of the legal description of the parcel is contained in an electronic text file on the attached computer diskette.

Comments (Insert comments to facilitate the certification process - explain discrepancies, etc.): Statement of Applicant's Agent I have reviewed the legal description included in this application and the provincial mapping graphics. The owner applicant has confirmed that the graphics identified by the PID appear to match the legal description for the PID. The submission of this PDCA does not constitute a representation or expression of opinion as to location, boundaries or extent of the parcel.

DA TED at---------- in the County of _________ ,, Province of Nova Scotia, this ____ day of , 20 __ _ Form4 Signature of Applicant/ Agent Name: Address: Phone: Email: Fax: Authorization to Submit Application for Registration Land Registration Act, S.N.S. 2001, c. 6, subsection 37(1), 37(4)(

g) Registration District: -------- Registrant User Number: --------- IN THE MATTER OF Parcel Identification Number (PID) PID: PID: Expand box for additional P/Ds 299

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Part II - Regulations VoL 27, No. 6 AND IN THE MATTER OF a transfer of ownership of the above noted parcel. I/WE (insert name of current owner of the parcel)-------- am/are the owner(

s) of the parcel(

s) identified by the above-noted PID(

s) I/WE HEREBY AUTHORIZE (insert name of lawyer or surveyor) ("my/our agent" herein) to perform such investigations and to submit such documents or forms as may be required in order to (select one or both) o Submit the parcel description certification application (lawyers or surveyors). o Register title to the above-noted parcel(s) (lawyers only). DATED at----------- in the County of _________ , Province of Nova Scotia, this _____ day of __________ , 20 __ _ Forms Signature of Registered Owner(

s) Name: Address: Phone: Email: Fax: Owner's Declaration Regarding Occupation of Parcel & Residency Status Land Registration Act, S.N.S. 2001, c. 6, clause 37(4)(

h) and

Section 38 Registration District: ---------- Registrant User Number:---------- IN THE MATTER OF Parcel Identification Number PID: PID: Expand box for additional PID s AND IN THE MATTER OF Registered Owner _________ _ Ywe _________________ of ________ intheCountyof _____ _ do solemnly declare: 300 1. I am/we are the owner(

s) of the parcel identified as the above noted Parcel Identification Number (PID)s. 2. I am/we are submitting this Declaration in support of an Application for Registration pursuant to

section 37 of the Land Registration Act; 3. To my/our knowledge neither the whole nor a portion of the above noted PID is adversely occupied by a person other than me/us. -Or- To my/our knowledge the whole or a portion of the above noted PID is adversely occupied by a person other than me/us as set out below: a. The occupation commenced on or about---------- b. The name and address of the person in occupation (if unknown state "unknown") 0 0 0

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Part 11 - Regulations 4. -Or- c. Other details relating to the adverse occupation are as follows : __ _ I am/we are a permanent resident of the Province of Nova Scotia, as defined in the Land Registration Administration Regulations. VoL 27, No. 6 I am/we are a non-resident of the Province of Nova Scotia, as defined in the Land Registration Administration Regulations. 5. That Ywe make this solemn declaration conscientiously believing the same 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.

SWORN TO at , in the County of , Province of Nova Scotia, this __ day of , 20_ before me, ) ) ) ) ) ) A Commissioner of the Supreme Court of NS ) [Name of Deponent(s)] Form6 Application for Registration Land Registration Act, S.N.S.2001, c. 6, s.18(1) ands. 37(4) [Electronic Application] [Registrant User Number is captured by the system] Prescribed Form Q AFR Document Number Parcel Identification Number:4 Certification Date and Time (system generated)----------- PIO: ______________ _ 0 Type of AFR Individual Owners:5 Instrument type and registration particulars 7 Non-resident status Manner of Tenure: Description of Tenure8 Encumbrances: Instrument type: Interest type: Parcel Access: Lawyer's Certification Pick from: Sale Trigger.

Mortgage Trigger. Subdivision Trigger. Order Pursuant to Quieting Titles Act. Order Pursuant to Land Titles Clarification Act. New Condominium Corporation. Voluntary Name6 ---------------Address ______________ _ (yes or no to disclosure statement) Pick from: NOT APPLICABLE or joint tenants. tenants in common. nothing specified. or description of variable interests Name of owner of interest ________ _ Address ______________ _ Choose from pick list Choose pick list Pick from: Public. Private. Right of Way/Driveway. Right of Way Walkway. Navigable Waterway. No Access.

Other (specify) I certify that everything required pursuant to

Section 37 of the Land Registration Act and the Land Registration 301

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Part II • Regulations Vol 27, No. 6 Administration Regulations is in my possession and will be filed with the registrar within ten business days after the submission of this application for registration. I further certify that everything in this application is true, correct and complete, and that title to the parcel is as shown on this application.

Signature of Authorized Lawyer Name, address and phone number of lawyer "rile certified legal description for this PID will be incorporated by references to the PID on the AFR upon submission. 'Multiple instances are allowed 6The owner name will be placed in the parcel register as shown 'Triggering document conveying title or Register Book and Page reference of last document conveying title. 'Mandatory if there is a mixture of manner of tenure Form7 Application for Registration Prescribed Form Land Registration Act, S.N.S.2001, c. 6, subsection 18(1) and subsection 37(4) Land Registration Administration Regulations subsection 9(3) [Paper Form] Registrant User Number: Parcel Identification Number (PID): Certification Date and Time: Type of AFR (select one) o Sale Trigger o Mortgage Trigger o Subdivision Trigger a Order Pursuant to Quieting Titles Act a Order Pursuant to Land Titles Certification Act D New Condominium Corporation D Voluntary Conversion Individual Owners (list names and mailing addresses of all owners) Name Mailing Address Instrument type and registration particulars (Insert Registry Book and Page reference of last conveyance document or the last document giving evidence of title) Book and Page Residency status (select one) D I am a permanent resident of Nova Scotia D I am a non-resident of Nova Scotia Manner of Tenure (select one): o Not Applicable (sole owner) D Joint tenants o Tenants in common o Nothing specified in conveyance document D Mixed tenure (Insert description of mixed tenure) Interest Holders (list names and mailing addresses of all other interest holders) Name of Owner of Interest Mailing Address Instrument type/code: Parcel Access: D Public o Private 302 0 0

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Part 11 - Regulations Vol 27, No. 6 o Right of '\Vay/Driveway o Navigable '\Vaterway oRightof'\Vay/\Valk\vay o No Access o Other (specify):----------------------- Lawyer's Certification I certify that everything required pursuant to

Section 37 of the Land Registration Act and the Land Registration Administration Regulations is in my possession and will be filed with the registrar within ten business days after the submission of this application for registration. I further certify that everything in this application is true, correct and complete, and that title to the parcel is as shown on this application. Signature of Authorized Lawyer Name: Address:----------- Phone: E-mail : Prescribed Form Form8 Opinion of Title and Affidavit of Verification Land Registration Act, S.N.S. 2001, c. 6, s. 37(4)(

b) Registration District-------- Registrant User Number:-------- IN THE MA TIER OF Parcel Identification Number (PID) PID: PID: Expand box for additional PIDs [Note: In order to list multiple P!Ds, the abstract must apply equally to all the P!Ds] I, (name of solicitor), hereby certify that: 1. The above-noted PID(

s) represent the parcel(

s) that are included in this Opinion of Title. 2. The information contained in the attached Abstract of Title and Application for Registration is a true and correct

summary of the title information disclosed by the records on file in the office of the Registrar of Deeds for the county where the parcel lies. 3. This opinion is subject to the accuracy of the indices at the office of the Registrar of Deeds. 4. The attached Abstract of Title shows a chain of ownership of the parcel to the standard required to demonstrate a marketable title pursuant to (check one): o The Marketable Titles Act D The Limitation of Actions Act o The common law 5. The following is/are the owner(

s) of the registrable interest described . [Provide information for all P!Ds referenced in the abstract and included in Opinion of Title and for all interest owners.] Name of owner ________________ _ Type of registrable interest (select one) o Fee simple estate o Remainder interest o Life estate o Interest of Her Majesty 303

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Part II • Regulations VoL 27,No. 6 6. The following describes the appurtenances that attach to the parcel: 7. The following describes the interests of others in the parcel (describe other interests such as easements, 0 encumbrances, restrictive covenants, etc.):----------------------- 8. There are no other encumbrances affecting the title to the land disclosed by the records on file in the office of the Registrar of Deeds for the county where the parcel lies except those specified herein. 9.

The right of access to the parcel is as follows (select one): o Public Road o Private Road o Right of Way; Driveway o Right of Way; Walkway o Navigable Waterway o No Access o Other (specify):-------------------- 10. The Abstract of Title has been prepared in accordance with the standards for the practice of real property law, recommended by the Nova Scotia Barristers' Society. 11.

Part IX of the Municipal Government Act (select one only) o Has been complied with and the plan approving the subdivision is registered as plan number o Does not apply with respect to the parcels referenced in this for the following reasons (state reason for exemption from subdivision requirements) ______ _ 12. A title insurance policy (select one) o Was not issued with respect to this parcel. o Was issued with respect to this parcel for the following purpose (provide details): 13. Unless noted above, this opinion is subject to the following: (

i) Rights in respect of the lands, which may have been acquired by adverse possession or prescription; (ii) The overriding interests stipulated in

Section 73 of the Land Registration Act; and (ii) The actual boundaries of the lands, the location of any buildings or structures in relation to the actual boundaries of the lands, the location of any buildings or structures in relation to the actual boundaries of the lands, or the size of the lands. CERTIFIED this __ day of _____ ,, 20 __ , at _______ in the County of _____ , Province of Nova Scotia. Signature of Authorized Lawyer Name: Address : Phone: Email: Fax: AFFIDAVIT OF VERIFICATION Land Registration Act, S.N.S 2001, c. 6, s. 37(4)(

b) Prescribed Form I, , of ____________ , in the County of _____ , Province of Nova Scotia, make oath and say as follows: 1. I am an eligible lawyer as certified by the Nova Scotia Barristers' Society. 304 0 0

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Part II - Regulations VoL 27, No. 6 2. I confirm that the Opinion of Title filed in support of the Application for Registration of PID is based upon the attached abstract of title as required by subsection 37(9) of the Land Registration Act. SWORN TO at , in the County of , Province of Nova Scotia, this __ day of , 20_ before me, A Commissioner of the Supreme Court of Nova Scotia ) ) ) ) ) ) ) [Insert Name of Authorized Lawyer] Form9 Certificate of Legal Effect Land Registration Administration Regulations

Section 7(3) Registration District: -------- Registrant User Number:-------- IN THE MATTER OF Parcel Identification Number (PID) PID: PID: Expand box for additional P/Ds AND IN THE MATTER OF current Registered Owner(s): ---------- TAKE NOTICE THAT the registered owner hereby requests the addition of a benefit of a servitude relating to the above noted parcel(

s) as set out below. I HEREBY CERTIFY THAT: 1) The interest conveyed in the attached (indicate[rJ] nature or type of document) encumbers lands registered pursuant to the Act. -Or- The interest conveyed in the attached (indicated nature or type of document) encumbers lands not registered pursuant to the Act, and the documentation required pursuant to clause 7(3)(

b) of the Land Registration Administration Regulations is attached. 2) The registered owner of the parcel has good title to the servitude. 3) By virtue of the attached document, the following appurtenances ( benefits to the parcel) are to be added to the parcel's registration: Instrument Type/Code Expiry Date (if applicable) Interest to be Removed (if applicable) Interest to be Added (if applicable) Interest Type Manner of Tenure Mailing Address of Interest Holder Non-Resident Yes/No? (If applicable) 305

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Part II • Regulations Reference to Instrument in Names-Based Roll (If applicable) (Repeat table for each appurtenance) Vol 27, No. 6 4) It is appropriate to amend the certified legal description as set out in the attached legal description and to revise the register to add the interest as stated herein. DA TED at--------• in the County of _____ , Province of Nova Scotia, this ______ day of ________ , 20. __ _ Signature of Authorized Lawyer Name: Address: Phone: Email: Fax: o This document also affects non-land registration parcels. A certified true copy for registration in the Registry of Deeds is attached.

Form 10 Notice of Crystallization of Debenture Land Registration Act, S.N.S. 2001, c. 6, subsection 53(3) [Instrument Type: 809] Registration District:---------- Registrant User Number:---------- IN THE MATTER OF

Section 53(3) of the Land Registration Act Prescribed Form IN THE MATTER OF (insert name and mailing address of Lender/Receiver)------ IN THE MATTER OF the debenture dated _________ .and identified as (insert document #/year and book/page if applicable) in the records of the Land Registration Office. IN THE MATTER OF Parcel Identification Number(s): PID: PID: Expand box for additional P/Ds NOTICE IS HEREBY GIVEN THAT the floating charge contained in the specified debenture has been crystallized. DATED at----------- in the County of ________ , Province of Nova Scotia, this day of , 20 __ _ 306 Authorized Signature of Lender/Receiver Name: 0 0

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Part II - Regulations VoL 27, No. 6 Address: Phone: Email: Fax: D This document also affects non-land registration parcels. A certified true copy for registration in the Registry of Deeds is attached.

Prescribed Form Form 11 Owner's Notice Requiring Cancellation of Recorded Interest or Judgment Land Registration Act, S.N.S. 2001, c. 6, subsection 63(1) Registration District:--------- Registrant User Number:--------- TO the Holder of the Interest or Judgment AND TO, where the interest is a servitude, the owner of every parcel identified in the recorded document as land to which benefit of the servitude is annexed.

IN THE MATTER OF Parcel Identification Number (PID) PID: PID: 0 Expand box/or additional P/Ds 0 AND IN THE MATTER OF Registered Owner: ---------- AND IN THE MATTER OF the interest or judgment described as------- and set out in (insert document number/year and book/page if applicable)---------- TAKE NOTICE THAT I am the registered owner of the above noted parcel(s). AND FURTHER TAKE NOTICE THAT I am requesting the cancellation of the above noted interest or judgment. AND FURTHER TAKE NOTICE THAT attached hereto is an affidavit setting out the reasons for this request to cancel the interest described above.

AND FURTHER TAKE NOTICE THAT if you wish to substantiate this interest or judgment, you are required to commence proceedings in the Supreme Court of Nova Scotia within 60 days from the date of service of this notice. DA TED at ___________ in the County of _________ , Province of Nova Scotia, this ____ day of _________ , 20 __ _ Signature of Registered Owner Name: Address: Phone: Email: Fax: 307

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Part II - Regulations VoL 27, No. 6 AFFIDAVIT I, , of ___________ , in the County of ______ , Nova Scotia, make oath and say as follows: 1. I am registered owner of the parcel known as PID ------ and as such have personal knowledge of the matters herein deposed to unless otherwise stated. 2.

The interest described as in the parcel register for the above noted PID is invalid with respect to the parcel for the following reasons: (state reasons) SWORN TO at , in the County of , Province of Nova Scotia, this __ day of , 20_ before me, A Commissioner of the Supreme Court of Nova Scotia ) ) ) ) ) ) ) ) ) [Name of Deponent] Form 12 Affidavit of Service of Owner's Notice of Cancellation of Recorded Interest or Judgment Land Registration Act, S.N.S. 2001, c. 6, subsection 63(4) IN THE MATTER OF

Section 63( 4) of the Land Registration Act AND IN THE MATTER OF Parcel Identification Number (PID) PID: PID: Expand box/or additional P/Ds AND IN THE MATTER OF Registered Owner: ---------- AND IN THE MATTER OF the interest or judgment described as --------- and set out in ______ (document number/year). AFFIDAVIT OF SERV ICE I, , of ___________ , in the County of ______ , Nova Scotia, make oath and say as follows: 1. I am the registered owner of the above noted parcel and as such have personal knowledge of the matters herein deposed to unless otherwise stated. 0 0 2.

On the day of , 20_ I caused a notice to be sent to the holder of the following 0 recorded interest (insert document number/year and book/page if applicable):---------- 3. A true copy of the Owner's Notice Requiring Cancellation of Recorded Interest or Judgment is annexed 308

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Part 11 - Regulations VoL 27, No. 6 hereto as Exhibit "A" and proof of delivery of the notice is annexed hereto as Exhibit "B"; 0 4. 5. Sixty days have expired after the serving of the Notice (section 63(4)),· I have not received a certificate of lis pendens in relation to this matter; 0 0 6. I ask that the registrar cancel the recording detailed in paragraph 2.

SWORN TO at , in the ) County of , ) Province of Nova Scotia, this __ day ) of , 20_ before me, ) A Commissioner of the Supreme Court of Nova Scotia ) ) ) ) [Name of Registered Owner] Form 13 Certificate Evidencing Lien (and other charges) Land Registration Act S.N.S. 2001, c. 6, Sections 96-124 [Instrument Type: 810) Registration District:--------- Registrant User Number:---------- IN THE MATTER OF Parcel Identification Number PID: PID: Expand box for additional P/Ds AND IN THE MATTER OF Registered Owner:---------- TAKE NOTICE THAT a lien, order, claim, certificate, assessment, or designation (as applicable) is filed in the Judgment Roll pursuant to the following Act (select one): -Or- D Labour Standards Code (lien/charge/mortgage) D Pension Benefits Act (lien) (mandatory recording for Judgment Roll) D Workers Compensation Act (assessment) (optional recording) TAKE NOTICE THAT a lien, order, claim, certificate, assessment, or designation (as applicable) is filed in the parcel register of the above noted PIDs pursuant to the following Act (select one): D ~culture Marshlands Conservation Act D Metalliferous Mines and Quarries Regulation ( esignation) Act (lien) D Agriculture and Marketing Act (lien) D Mineral Resources Act (lien) D Cemeteries Protection Act (order) D Municipal Government Act (lien) D Condominium Act (lien) D Pension B.enefits Act (lien) (optional recording in D Environment Act (lien) parcel register) D Public Trustees Act (certificate) D Escheats Act (order) D Fisheries and Coastal Resources Act (lien) D Expropriation Act (order) D Revenue Act (lien) 309

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Part II • Regulations Vol. 27, No. 6 D Fire Prevention Act (lien) o Gypsum Mining Income Tax Act (claim) o Workers Compensation Act (assessment) (optional recording) 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 Department or File Reference Number)-------- DA TED at---------- in the County of ________ , Province of Nova Scotia, this ___ day of , 20 __ _ Authorized Signature (Insert name, address, e-mail, ph. #) Form 14 Release of Lien (and other discharges) Land Registration Act S.N.S. 2001, c. 6, Sections 96-124 [Instrument Type: 819] Registration District:--------- Registrant User Number:---------- IN THE MATTER OF Parcel Identification Number PID: PID: Expand box for additional P/Ds AND IN THE MATTER OF Registered Owner:---------- TAKE NOTICE THAT a release, withdrawal or discharge of a lien, order, claim, certificate, assessment, or designation (as applicable) is filed in the Judgment Roll pursuant to the following Act (check one): o Labour Standards Code (lien/charge/mortgage) o Pension Benefits Act (lien) (mandatory recording for Judgment Roll) o Workers Compensation Act (assessment) (optional recording) -Or- TAKE NOTICE THAT a release, withdrawal or discharge of a lien, order, claim, certificate, assessment, or designation (as applicable) is filed in the Parcel Register pursuant to the following Act (check one): 0 ~culture Marshlands Conservation Act 0 Metalliferous Mines and Quarries Regulation ( esignation) Act (lien) 0 Agriculture and Marketing Act (lien) 0 Mineral Resources Act (lien) 0 Cemeteries Protection Act (order) 0 Municipal Government Act (lien) Cl Condominium Act (lien) 0 Pension Benefits Act (lien) (optional recording in Environment Act (lien) parcel register) 0 0 Public Trustees Act (certificate) 0 Escheats Act (order) 0 Fisheries and Coastal Resources Act (lien) 0 Expropriation Act (order) 0 Revenue Act (lien) 0 Fire Prevention Act (lien) 0 Worke.rs Compensation Act (assessment) (optional 0 Gypsum Mining Income Tax Act (claim) record mg) AND FURTHER TAKE NOTICE THAT this document is filed by the undersigned on behalf of (insert name 310 0 0 0

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Part 11 - Regulations VoL 27,No. 6 of Government Department) ---------in relation to file number (insert Department or File Reference Number)-------- DA TED at _________ in the County of ________ , Province of Nova Scotia, this ____ day of , 20 __ _ Authorized Signature (Insert name, address, e-mail, ph. #) Form 15 Notice to Registrar to Cancel or Amend the Recording of a Security Interest Land Registration Act, S.N.S. 2001, c. 6, subsection 60(2) [Instrument# 831] Registration District: -------- Registrant User Number:-------- IN mE MATTER OF Parcel Identification Number (PID) PID: PID: Expand box/or additional P/Ds IN mE MATTER OF a security interest held by (insert name)----------- and recorded as (insert document number/year and book/page if applicable ). ___________ _ AND IN mE MATTER OF the service of a demand made by (select one) D The debtor named in the security interest (or solicitor) o A person who has or had a registered interest in the parcel to which the security interest purportedly relates (or solicitor) TAKE NOTICE mAT there are reasonable and probable grounds to believe that (select one) o All of the obligations under the security interest have been performed.

Cl The holder of the security interest has agreed to release all or part of the collateral. o The security interest does.not affect the parcel in the register. D No security interest exists. AND FURmER TAKE NOTICE mAT the security interest holder was asked to (select one) D Discharge the interest so far as it relates to the parcel. a Discharge the interest so far as it relates to the collateral agreed to be release or not include in the security interest.

AND FURTHER TAKE NOTICE mAT 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, proof of service of which is attached. AND FURmER TAKE NOTICE THAT pursuant to subsection 60(2) of the Land Registration Act, the undersigned requires the registrar to cancel or amend the recording in accordance with the attached demand. DATED at -----------in the County of ________ , Province of Nova Scotia, this _____ day of _________ , 20 __ _ Signature of Owner /Interest Holder Name: Address: 311

N.S. Reg. 5312003 Royal Gazette

Part II - Regulations Phone: Email: Fax: Form 16 Certificate of Judgment Renewal Land Registration Act, S.N.S., 2001, c. 6, subsection 66(5) [Instrument Type: 715 - First renewal] [Instrument Type: 716 - Second renewal] [Instrument Type: 717 - Final renewal] Registration District: --------- Re~strant User Number:--------- IN THE MATTER OF (insert Judgment Debtor's name and mailing address): _____ _ AND IN THE MATTER OF (insert Judgment Creditor's name and mailing address): ___ _ VoL 27,No. 6 AND IN THE MATTER OF Judgment Number------ issued by the Court on (insert date) ________ and first recorded on (insert date) as document (insert document number and year or book and page reference) ______ _ TAKE NOTICE THAT the undersigned judgment creditor/agent of judgment creditor requests that the above noted judgment be renewed as follows (Select one): o First renewal o Second renewal o Final renewal AND FURTHER TAKE NOTICE THAT the judgment will expire at the end of five years from the date of renewal unless a further request to renew the judgment is recorded before the expiry date, where authorized by the Land Registration Act.

DATED at ----------in the County of ________ , Province of Nova Scotia, this ______ dayof __________ ,20 __ _ Form 17 Signature of Judgment Creditor or Agent Name: _____________ _ Address: -------------Email:-------------- Phone Number:---------- Fax Number:----------- Request by Owner for Rectification Land Registration Act, S.N.S. 2001, c. 6, subsection 33(1) or (2) [Instrument # 807) Registration District: -------- Registrant User Number:-------- IN THE MA TIER OF Parcel Identification Number (PIO) I PID: I 312 0 0 0

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Part 11 - Regulations Vol 27, No. 6 PID: Expand box for additional P/Ds AND IN mE MATTER OF the registration/revision of registration (select one) of the above noted parcel evidenced by document number:---------- TAKE NOTICE mA T the registration/revision of registration (select one) of the above noted parcel was (select one) o not authorized or was based on a transaction that has been rectified or rescinded according to law. o made in error or there was an error in the registration. AND FURTHER TAKE NOTICE mAT the registered owner hereby requests the rectification of the registration of the above noted parcel.

AND FURTHER TAKE NOTICE mAT the details of the rectification are as follows· I~trument Type/Code Expiry Date (if applicable) Interest to be Removed (if applicable) Interest to be Added (if applicable) Interest Type Mailing Address of Interest Holder Non-Resident Yes/No? (If applicable) Reference to Instrument in Names-Based Roll (if applicable) DATED at -----------in the County of ________ , Province of Nova Scotia, this _____ day of __________ , 20 __ _ [Instrument # 840] Signature of Registered Owner(

s) Name: ------------------Street No. or Mailing Address: ---------- Town: ------------------Province & Country: ------------- Postal Code:--------------- Phone & Fax: ---------------- Email: ------------------ Form 18 Application by Owner to Registrar General for Review of Registrar's Refusal to Revise or Rectify a Registration Land Registration Act, S.N.S. 2001, c. 6, subsection 18 (14) or 33

(5) Registration District: -------- Registrant User Number:-------- Expiry date of this instrument (if applicable):------- IN THE MATTER OF Parcel Identification Number (PID) 313

N.S. Reg. 5312003 Royal Gazette

Part II - Regulations VoL 27, No. 6 PID: PID: Expand box for additional P/Ds AND IN THE MATTER OF the request to revise/rectify (select one) the registration of the above noted parcel. TAKE NOTICE THAT the registered owner hereby applies to the Registrar General for a review of the registrar's refusal to revise/rectify (select one) the registration of the above noted parcel. DATED at ___________ in the County of ________ , Province of Nova Scotia, this _____ day of __________ , 20 __ _ Signature of Registered Owner(

s) Name: ------------------Street or Mailing Address: ----------- Town: ------------------Province & Country: ------------- Postal Code:--------------- Phone & Fax: --------------- Emwl: ------------------ [Instrument Type: 826) Form 19 Certificate of Lis Pendens Land Registration Act, S.N.S. 2001, c. 6, s. 58 Registration District: ------- Registrant User Number:-------- IN THE MATTER OF Parcel Identification Number(s): PID: PID: Expand box for additional P/Ds AND IN THE MATTER OF Registered Owner:------------ Prescribed Form TAKE NOTICE that an action was commenced in the Supreme Court of Nova Scotia on the ___ day of ------• 20 __ between: Plaintiff:----------------- And Defendant:---------------- Court file No.: ---------------- DA TED at ___________ in the County of ________ ,, Province of Nova Scotia, this ____ day of ________ ,, 20 __ _ 314 0 0 0

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Part II - Regulations VoL 27, No. 6 Prothonotary This document also affects non-land registration parcels. A certified true copy for registration in the Registry of Deeds is attached. Form20 Objection by Owner to Registrar's Proposed Rectification Land Registration Act, S.N.S. 2001, c. 6, subsection 33(3) Registration District: -------- Registrant User Number:-------- IN THE MATTER OF Parcel Identification Number (PID) PID: PID: Expand box for additional P/Ds AND IN THE MATTER OF the registrar's proposed rectification of the registration of the above noted parcel.

TAKE NOTICE THAT the registered owner objects to the registrar's proposed rectification and requests a determination by the Registrar General. DATED at -----------in the County of ________ , Province of Nova Scotia, this _____ day of __________ , 20 __ _ Signature of Registered Owner(

s) Name: ------------------Street or Mailing Address: ----------- Town: ------------------Province & Country: ------------- Postal Code: --------------- Phone & Fax: --------------- Emrul: ------------------ Form21 Request to Revise the Name of the Registered Owner or Interest Holder Land Registration Act, S.N.S. 2001, c. 6, subsection 22(1) Land Registration Administration Regulations

Section 17 [Instrument # 109) Registration District: -------- Registrant User Number:-------- IN THE MATTER OF Parcel Identification Number (PID) PID: PID: Expand box for additional P/Ds 315

N.S. Reg. 5312003 Royal Gazette Part JI - Regulations VoL 27, No. 6 AND IN THE MATTER OF the change of name or a misspelling of the name of registered owner/interest holder (select one and insert name)---------- TAKE NOTICE THAT the name of the registered owner/interest holder (select one) has changed/was misspelled (select one) in a registered or recorded instrument and a request is hereby made to the registrar that the name of the registered owner/interest holder (select one) in the above noted parcel(

s) be changed as described in the attached affidavit. DATED at----------- in the County of _________ , Province of Nova Scotia, this. _____ dayof _________ ,20 __ _ Signature of Registered Owner/Interest Holder AFFIDAVIT OF NAME CHANGE/MISSPELLING I, , of ____________ , in the County of _____ , Province of Nova Scotia, make oath and say as follows: 1. I am the registered owner/interest holder (select one) of an interest in the parcel(

s) identified as PID(s) (Choose One:) 2. On the ______ day of ______ , 20. ___ I changed my name: From: ___________ _ To: -Or- 2. My name was misspelled on the deed or other instrument registered or recorded as document number (Choose One:) For use by an individual who has changed his/her name: 3.

I have changed my name by: (select one and use as much space as necessary to explain) o Common law usage (provide particulars of usage)------------------- D Order of the Court (specify type of Order)------ - ----- - -------- D Other means (specify and provide particulars)--------------------- -Or- For use by a company that has changed its name: 3. The company has changed its name by (select one): D Amalgamation (attach certificate or order) 316 0 0

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Part II - Regulations Vol 27, No. 6 o Application to the Registry of Joint Stock Companies (or equivalent) (attach certificate of name change) -Or- For use where there was a misspelling in a deed or other instrument: 3. My name was misspelled in the (specify the instrument type and document number) -----------and the correct spelling of my name is SWORN TO at , in the County of , Province of Nova Scotia, this __ day of , 20_ before me, A Commissioner of the Supreme Court of Nova Scotia ) ) ) ) ) ) Registered Owner/Interest Holder D This document also affects non-land registration parcels.

A certified true copy for registration in the Registry of Deeds is attached.

Form21A Request to Update the Name or Address of a Judgment Debtor Land Registration Administration Regulations subsection 19( 4) [Instrument No. 713] Registration District: -------- Registrant User Number:-------- IN THE MATTER OF Parcel Identification Number (PID) PID: PID: Expand box/or additional P/Ds AND IN THE MATTER OF an update of the name or address of the judgment debtor as shown on a Certificate of Judgment recorded in the Judgment Roll as document number (insert document number and book/page reference) with name and address of the judgment debtor as follows (insert name and address (if any) of judgment debtor as shown on recorded judgment): TAKE NOTICE THAT the name and/or address of the judgment debtor is incorrect or incomplete and should be updated.

AND FURTHER TAKE NOTICE THAT a request is hereby made to the registrar to change the name or address of the judgment debtor as follows:----------------------- AND FURTHER TAKE NOTICE THAT attached hereto is my affidavit confirming that the change of name or address of the judgment debtor is appropriate. 317

N.S. Reg. 5312003 Royal Gazette

Part 11 - Regulations VoL 27, No. 6 DATED at----------- in the County of ________ , Province of Nova Scotia, this ____ day of _________ ., 20 __ _ Signature of Judgment Creditor AFFIDAVI T I, , of ___________ , in the County of _____ ,, Province of Nova Scotia, make oath and say as follows: 1. I am the judgment creditor named in the judgment recorded in the Judgment Roll as follows: (insert Book and Page of recording) ______________ _ 2. The person named as the judgment debtor in the above noted judgment is the same person as set out in the above Request to Update the Name or Address of a Judgment Debtor. 3.

It is appropriate to update the name or address of the judgment debtor contained in the above-noted judgment.

SWORN TO at , in the ) County of , ) Province of Nova Scotia, this __ day ) of , 20_ before me, ) A Commissioner of the Supreme Court of Nova Scotia ) ) ) Judgment Creditor Form22 Change of Address Land Registration Act, S.N.S. 2001, c. 6, subsection 77(3) Registration District:-------------- Registrant User Number: ------------- IN THE MATTER OF Parcel Identification Number (PID) PID: PID: Expand box for additional P/Ds AND IN THE MATTER OF document number and year------ (For Names-based Roll) AND IN THE MATTER OF the Registered Owner/a Recorded Interest Holder (select one and insert name): TAKE NOTICE THAT: (select one) D I am the above noted Registered Owner/agent o I am 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) : 318 0 0 0

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Part II - Regulations VoL 27, No. 6 New Address: _______________________ _ AND FURTHER TAKE NOTICE THAT I understand that this address should be used to serve all notices and documents requiring service pursuant to the Land Registration Act.

DATED at ___________ in the County of ________ , Province of Nova Scotia, this. ____ day of _________ , 20 __ _ NRI File Number------- (for Internal Use only) Form23 Signature of Owner /Interest Holder or Agent for Owner /Interest Holder Print Name: Phone: Email: Fax: Application for Registration Supporting Documents Cover Page Land Registration Act, S.N.S.2001, c. 6, s. 37 Cover Page Registration District: -------- Registrant User Number: -------- IN THE MATTER OF Parcel Identification Number (PID) PID: PID: Expand box for additional P/Ds [Note: Jn order to list multiple P/Ds, all P/Ds must be referenced in the abstract.] AND IN THE MATTER OF the migration of the above noted parcel(

s) to the land registration system. TAKE NOTICE THAT the following documents are attached (attach all): • Authorization

Document details

Collection	Nova Scotia — Gazette
Citation	N.S. Reg. 49/2003
Date	2003-01-01
Type	gazette
Volume / chapter	just regulations rg2 2003 ap0403
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	bfc27b023a2abb943ad8f38d3f177a29a14a8d47

Source file is stored in the law ingest library (pdf).