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Part II .

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Lands and Forestry Ministerial Land Transactions Regulations

made under

Section 6 of the

Court and Administrative Reform Act

S.N.S. 1996, c. 23

O.I.C. 2005-94 (effective March 4, 2005), N.S. Reg. 75/2005

amended to O.I.C. 2020-107, N.S. Reg. 48/2020

Table of Contents

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

Click here to go to the text of the regulations .

Citation

Definitions

Assignment of authority

Purpose of regulations

Limitations on acquisitions and dispositions

Market value requirement and prohibitions

Acceptable methods and conditions of sale

Procedure for issuance of certificates

Conflict of interest

Prohibition against acquiring leasehold interests

Identification of property as a significant wildlife habitat

Prohibition against sale of property identified as significant wildlife habitat

Public notice required

Notification to Executive Council

Citation

1 These regulations may be cited as the Lands and Forestry Ministerial Land Transactions

Regulations .

Definitions

2 In these regulations,

“Act” means the Court and Administrative Reform Act ;

“certificate” means a certificate of non-interest under

Section 37 of the Crown

Lands Act or a certificate of release as defined in

Section 11 of the Land Titles

Clarification Act ;

“Department” means the Department of Lands and Forestry; and

“Minister” means the Minister of Lands and Forestry.

Assignment of authority

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

(

a) acquire and dispose of real property or interests in real property under the

Crown Lands Act and the Wildlife Act ; and

(

b) issue certificates.

Purpose of regulations

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

Section 3 of the Act,

the policies and procedures to govern the acquisition and disposition of real property or

interests in real property by the Minister under the Crown Lands Act and the Wildlife Act

and the issuance of certificates by the Minister.

Limitations on acquisitions and dispositions

(1) Acquisitions and dispositions of real property or interests in real property made by

the Minister under these regulations are subject to the following limitations:

Crown Lands Act

Reference

Transaction

Limitation

Clause 7(

a) acquisition by purchase of land or

interest in land

not to exceed $100 000

in value

Clause 7(

a) acquisition by gift of land or

interest in land

not to exceed $100 000

in value

Clause 7(

d) acquisition of easement or right of

way across privately owned land

not to exceed 10 ha or

$100 000 in value

Subsection 8(1)

acquisition by way of acceptance

of transfer of administration and

control of land from the

agency thereof

not to exceed $100 000

in value

Clause 16(1)(

a) disposition of Crown land or

interest in Crown land by way of

grant, deed or conveyance other

than lease or license

not to exceed $25 000 in

value

Clause 16(1)(

a) disposition of Crown land or any

interest in Crown land by way of

lease or license

not to exceed 10 ha

Clause 16(1)(

b) disposition by way of easement or

right of way with respect to

Crown lands upon such terms or

conditions as the Minister

considers appropriate

not to exceed $25 000 in

value

Clause 16(1)(

c) disposition of Crown land by way

of transfer of administration and

control to the Government of

Canada or an agency thereof

not to exceed $25 000 in

value

Wildlife Act

Reference

Transaction

Limitation

Section 13

acquisition of land by way of

purchase or conveyance other than

lease for the purpose of access to

or the protection, management or

conservation of wildlife

not to exceed $100 000

in value

(2) The issuance of a certificate is limited to an area of land not exceeding 200 ha.

Market value requirement and prohibitions

(1) An acquisition or disposition made by the Minister under these regulations must be

based on market value.

(2) The Minister must not purchase real property at more than 10% above market

value without the approval of the Governor in Council.

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

approval of the Governor in Council.

Acceptable methods and conditions of sale

(1) When the Minister disposes of real property under these regulations by way of sale,

the property must be sold by direct sale to

(

a) a municipality, agency, non-profit group or community organization, if the

applicant demonstrates to the satisfaction of the Minister, in a written

application to purchase, that the transaction will result in a public benefit;

(

b) support or promote economic activity, if the applicant demonstrates to the

satisfaction of the Minister, in a written application to purchase, that the

applicant has been unable to purchase suitable private land; or

(

c) alleviate undue hardship or in extenuating circumstances, if the applicant

demonstrates the undue hardship or extenuating circumstances to the

Minister’s satisfaction, in a written application to purchase, and the Minister

is also satisfied that the sale will benefit the Crown.

(2) If the Minister receives more than one application for a property sold under

subsection (1), the Minister must determine, in the Minister’s sole discretion, the

applicant to whom the property will be sold.

Procedure for issuance of certificates

8 Before issuing a certificate, the Minister must have received and considered a report

respecting the use and occupation of the land and concluded that a person, known or

unknown, has acquired rights or claim by possession in or to Crown lands.

Conflict of interest

(1) Each non-governmental party to an acquisition or disposition or the issuance of a

certificate by the Minister under these regulations is required to provide a sworn

declaration stating that they are not related to the Minister, the Deputy Minister or

any senior official in the Department.

(2) If a non-governmental party to an acquisition or disposition or the issuance of a

certificate by the Minister under these regulations is a corporation, its duly

authorized officials must execute and deliver to the Department a statutory

declaration stating that the corporation has no financial relationship with the

Minister, Deputy Minister or senior officials of the Department, and that the

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

corporation.

(3) If a party to an acquisition or disposition or the issuance of a certificate by the

Minister under these regulations is related to the Minister, Deputy Minister or any

senior official of the Department, the transaction is subject to the approval of the

Governor in Council.

Prohibition against acquiring leasehold interests

10 The Minister must not acquire a leasehold interest in real property without the approval

of the Governor in Council.

Identification of property as a significant wildlife habitat

(1) Biologists employed by the Department must review each proposed disposition of

land or an interest in land under these regulations and advise the Minister in

writing whether the land is a significant wildlife habitat.

(2) If the Minister is advised under subsection (1) that land is a significant wildlife

habitat, the Minister will identify the land as a significant wildlife habitat and

maintain a list of all land identified.

Prohibition against sale of property identified as significant wildlife habitat

12 Real property identified as a significant wildlife habitat must not be sold without the

approval of the Governor in Council.

Public notice required

13 Public notice of acquisitions and dispositions made by the Minister under these

regulations must be given

(

a) through a detailed list in an annual report issued by the Department; and

(

b) through a list published in the Royal Gazette

Part I on a regular basis.

Notification to Executive Council

(1) Except as provided in subsection (3), 1 week before approving any disposition

under these regulations, the Minister must provide the Executive Council with

notice of the proposed transaction.

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

(

a) the name of the purchaser;

(

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

(

c) the price of the proposed transaction.

(3) A notice under this

Section is not required for any disposition under these

regulations that involves issuing a licence to a person for the purpose of

transmitting, delivering or furnishing any of the following services or any similar

services:

(

a) power;

(

b) cable;

(

c) telephone;

(

d) cellular;

(

e) broadband.

Legislative History

Reference Tables

Lands and Forestry Ministerial Land Transaction

Regulations

N.S. Reg. 75/ 2005

Court

and Administrative Reform Act

Note: The

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

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

Source Law

The current consolidation of the Lands and Forestry Ministerial Land Transaction Regulations made

under the Court and Administrative Reform Act includes all of the following regulations:

N.S.

Regulation

In force

date*

How in force

Royal Gazette

Part II Issue

75/2005

Mar 4, 2005

date specified

Mar 18, 2005

250/2011

Aug 2, 2012

date specified

Aug 12, 2012

48/2020

Mar 30, 2020

date specified

Apr 24, 2020

The following regulations are not yet in force and are

not included in the current consolidation:

N.S.

Regulation

In force

date*

How in force

Royal Gazette

Part II Issue

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

rules about in force dates of regulations.

Amendments by Provision

ad. = added

am. = amended

fc. = fee change

ra. = reassigned

rep. = repealed

rs . = repealed and substituted

Provision affected

How affected

1 ........................................................

am. 250/2011, 48/2020 1

2 ........................................................

am. 48/2020 (clause lettering removed)

2, defn. of

“Department” .............

am. 250/2011, 48/2020

2, defn. of

“Minister” ..................

am. 48/2020

14 ......................................................

rs . 48/2020

14(1) ............................................

am. 250/2011

Note that changes to headings are not

included in the above table.

Editorial Notes and Corrections

Note

Effective

date

Title of

regulations amended from Natural Resources

Ministerial Land Transaction Regulations .

Mar 30, 2020

Repealed and Superseded

N.S.

Regulation

Title

In force

date

Repealed

date

Note: Only

regulations that are specifically repealed and replaced appear in this

table. It may not reflect the entire

history of regulations on this subject matter.