Summary Offence Tickets Regulations (N.S. Reg. 96/2005) (just regulations rg2 2005 ma2705)
N.S. Reg. 96/2005
Nova Scotia — Gazette
© NS Registry of Regulations. Web version. 225
Part II Regulations under the Regulations Act Printed by the Queen's Printer Halifax, Nova Scotia Vol. 29, No. 10 May 27, 2005 Contents Act Reg. No.
Page Credit Union Act C r e d i t U n i o n R e g u l a t i o n s – a m e n d m e n t ....................................... 9 8 / 2005 231 Proclamation of amendments to Act, S. 31, S.N.S. 2004, c. 11 ...................... 9 7 / 2005 229 Environment Act Industrial Air Emission Fees Regulations ...................................... 102/2005 291 Land Registration Act L a n d R e g i s t r a t i o n A d m i n i s t r a t i o n R e g u l a t i o n s – a m e n d m e n t ....................... 9 9 /2005 236 Mineral Resources Act Mineral Resources Regulations – amendment .................................. 100/2005 289 Motor Vehicle Act Proclamation of amendments to Act, S. 17, S.N.S. 2004, c. 42 – e x c e p t S e c t i o n s 5 a n d 1 0 ................................................ 101/2005 290
Summary Proceedings Act S u m m a r y O f f e n c e T i c k e t s R e g u l a t i o n s – a m e n d m e n t ............................. 9 6 /2005 226 In force date of regulations: As of March 4, 2005*, the date a regulation comes into force is determined by subsection 3(6) of the Regulations Act. The date a regulation is made, the date a regulation is approved, the date a regulation is filed and any date specified in a regulation are important to determine when the regulation is in force. *Date that subsections 3(6) and (7) and Sections 11 and 13 of the Regulations Act and amendments to the Regulations Act made by
Chapter 46 of the Acts of 2004 proclaimed in force.
N.S. Reg. 96/2005 Royal Gazette
Part II - Regulations Vol. 29, No. 10 226 © NS Registry of Regulations. Web version. N.S. Reg. 96/2005 Made: May 4, 2005 Filed: May 5, 2005
Summary Offence Tickets Regulations Order in Council 2005-180 dated May 4, 2005 Amendment to regulations made by the Minister of Justice and the Governor in Council pursuant to
Section 8 of the
Summary Proceedings Act The Governor in Council on the report and recommendation of the Minister of Justice and Attorney General dated April 12, 2005, and pursuant to
Section 8 of
Chapter 450 of the Revised Statutes of Nova Scotia, 1989, the
Summary Proceedings Act, is pleased to amend the
Summary Offence Tickets Regulations, N.S. Reg. 4/2001, made by the Governor in Council by Order in Council 2001-21 dated January 18, 2001, to include certain offences respecting automatic machines, blasting and streets under the Halifax Regional Municipality By-laws as
summary offence ticket offences and set the out of court settlement amounts for the offences in the manner set forth in
Schedule “A” attached to and forming part of the report and recommendation, effective on and after May 4, 2005. Order I, Michael G. Baker, Minister of Justice and Attorney General of Nova Scotia, hereby order and direct pursuant to
Section 8 of
Chapter 450 of the Revised Statutes of Nova Scotia, 1989, the
Summary Proceedings Act, that the penalty to be entered on a summons in respect of an offence set out in amendments to the Schedules to the
Summary Offence Tickets Regulations, N.S. Reg. 4/2001, as set forth in
Schedule “A”, is the amount of the out of court settlement set out opposite the description of that offence, and the out of court settlement amount includes the charge provided for, and in accordance with, Sections 8 and 9 of the Act. This Order is effective on and after the making by the Governor in Council of the amendments to the
Summary Offence Tickets Regulations set out in
Schedule “A”. Dated and made April 12, 2005, at Halifax, Halifax Regional Municipality, Province of Nova Scotia. sgd: Michael Baker Honourable Michael G. Baker, Q.C. Minister of Justice and Attorney General of Nova Scotia
Schedule “A” Amendments to the
Summary Offence Tickets Regulations made by the Governor in Council pursuant to
Section 8 of
Chapter 450 of the Revised Statutes of Nova Scotia, 1989, the
Summary Proceedings Act 1
Schedule 18-B of the
Summary Offence Tickets Regulations, N.S. Reg. 4/2001, made by the Governor in Council by Order in Council 2001-21 dated January 18, 2001, is amended by adding the following headings and items immediately before the heading “Building By-law - B-201:” Automatic Machines By-law - A-200: 1. Maintaining automatic machine without obtaining and possessing valid license from Municipality 3(1) $215.00
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Part II - Regulations Vol. 29, No. 10 © NS Registry of Regulations. Web version. 227 2. Owner failing to cause license to be affixed to automatic machine in conspicuous place on machine 4(6) $215.00 3. Making false statement in application to obtain automatic machine license 4(9) $215.00 4. Permitting automatic machine to be operated for which there is no license in force 10 $215.00 Blasting By-law - B-600: 1. Carrying out or causing to be carried out blasting in Municipality without obtaining blasting permit from Inspector 4(1) $675.00 2.
Carrying out or causing to be carried out blasting on Saturday, Sunday, Remembrance Day or holiday (specify) 5(1) $675.00 3. Carrying out or causing to be carried out blasting after 6:00 p.m. or before 8:00 a.m. on any day (specify) 5(2) $675.00 4. Carrying out or causing to be carried out blasting after official sunset 5(3) $675.00 5. Carrying out or causing to be carried out blasting that results in particle velocity exceeding limit set out in Table 1 of By-law (specify) 6 $675.00 6. Carrying out or causing to be carried out blasting that results in air blast exceeding 128 decibels 7 $675.00 7.
Carrying out or causing to be carried out blasting where scaled distance to nearest structure or utility is less than minimum scaled distance indicated on blasting permit 8(1) $675.00 8. Carrying out or causing to be carried out blasting without pre-blast survey completed on every structure within required scaled distance in all directions from blasting area 9(1) $675.00 9. Carrying out or causing to be carried out blasting without completed pre-blast survey that meets requirements of By- law (specify requirements) 9(1) $675.00 10.
Blaster failing to ensure that bacteriological and general chemical analyses are performed on water from well within required scaled distance of structure before blasting commences 9(2) $675.00 11. Blaster failing to ensure that bacteriological and general chemical analyses are performed on water from well within required scaled distance of structure after blasting completed 9(2) $675.00 12. Carrying out or causing to be carried out blasting without delivering notice by hand to every property owner or business within affected community within time specified in By-law 10(1) $675.00 13.
Carrying out or causing to be carried out blasting without delivering notice that meets requirements of By-law (specify requirements) 10(1) $675.00 14. Carrying out or causing to be carried out blasting without holding required public information meeting 10(2) $675.00
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Part II - Regulations Vol. 29, No. 10 228 © NS Registry of Regulations. Web version. 15. Carrying out or causing to be carried out blasting within 300 m of school, hospital or other health care facility (specify) without giving notice as required by By-law to senior administrator 10(3)(a) $675.00 16. Carrying out or causing to be carried out blasting within 300 m of school, hospital or other health care facility (specify) without informing senior administrator at least 2 hours prior to each blast 10(3)(b) $675.00 17.
Carrying out or causing to be carried out blasting without blasting being under care and control of blaster 11(a) $675.00 18. Carrying out or causing to be carried out blasting without blaster on work site 11(b) $675.00 19. Carrying out or causing to be carried out blasting without blaster wearing visual identification at all times while site is deemed blasting area 11(b) $675.00 20. Carrying out or causing to be carried out blasting without use of acceptable dust collection system as part of drill machine 12 $675.00 21.
Carrying out or causing to be carried out blasting without qualified monitor monitoring every blast 13(1)(a) $675.00 22. Carrying out or causing to be carried out blasting with blast monitoring equipment or procedures that do not meet standards of Appendix “A” of By-law (specify standards) 13(1)(b) $675.00 23. Qualified monitor failing to monitor each blast with particle velocity meter located outside of property on which blasting is being carried out and at structure nearest to blast hole 13(2)(a) $675.00 24.
Qualified monitor failing to monitor each blast with air blast sensor located outside of property on which blasting is being carried out and at structure nearest to blast hole 13(2)(a) $675.00 25. Qualified monitor failing to monitor each blast with particle velocity meter located at every structure or utility required by Inspector 13(2)(b) $675.00 26. Qualified monitor failing to monitor each blast with air blast sensor located at every structure or utility required by Inspector 13(2)(b) $675.00 27.
Qualified monitor failing to compile monitoring data into air blast monitoring reports and monitoring records that meet requirements of Appendix “A” of By-law (specify requirements) 14(1) $675.00 28. Qualified monitor failing to compile monitoring data into particle velocity monitoring reports and monitoring records that meet requirements of Appendix “A” of By-law (specify requirements) 14(1) $675.00 29. Qualified monitor failing to submit air blast monitoring reports to Inspector 14(2) $675.00 30. Qualified monitor failing to submit particle velocity monitoring reports to Inspector 14(2) $675.00
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Part II - Regulations Vol. 29, No. 10 © NS Registry of Regulations. Web version. 229 31. Qualified monitor failing to submit with monitoring reports compliance certificate in form of Appendix “B” of By-law or required written explanation and recommendation within 24 hours of blast (specify) 14(2) $675.00 32. Carrying out or causing to be carried out blasting that contravenes term or condition Inspector imposed on blasting permit 21(2) $675.00 33.
Carrying out or causing to be carried out blasting without providing name, address, telephone number, blaster certificate number and employer of blaster (specify) in writing to Inspector 22(3) $675.00 34. Carrying out or causing to be carried out blasting while stop work order is in effect 23(2) $675.00 35. Carrying out or causing to be carried out blasting when blasting permit has been revoked 23(2) $675.00 2
Schedule 18-B of the regulations is further ame nded under the heading “Halifax Regional Municipality By-laws” by adding the following item immediately after item 3 under the heading “Streets By-law - S-300:” 3a. Depositing snow or ice on tr avelled way of street 4(2) $215.00 N.S. Reg. 97/2005 Made: May 4, 2005 Filed: May 5, 2005 Proclamation, S. 31, S.N.S. 2004, c. 11 Order in Council 2005-183 dated May 4, 2005 Proclamation made by the Governor in Council pursuant to
Section 31 of
An Act to Amend
Chapter 4 of the Acts of 1994, the Credit Union Act The Governor in Council on the report and recommendation of the Minister of Environment and Labour dated April 14, 2005, pursuant to
Section 31 of
Chapter 11 of the Acts of 2004,
An Act to Amend
Chapter 4 of the Acts of 1994, the Credit Union Act, is pleased to order and declare by proclamation that
Chapter 11 of the Acts of 2004,
An Act to Amend
Chapter 4 of the Acts of 1994, the Credit Union Act, do come into force on and not before May 4, 2005. PROVINCE OF NOVA SCOTIA Sgd: Myra A. Freeman G/S 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.
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Part II - Regulations Vol. 29, No. 10 230 © NS Registry of Regulations. Web version. TO ALL TO WHOM THESE PRESENTS SHALL COME, OR WHOM THE SAME MAY IN ANY WISE CONCERN, GREETING: A PROCLAMATION
WHEREAS in and by
Section 31 of
Chapter 11 of the Acts of 2004,
An Act to Amend
Chapter 4 of the Acts of 1994, the Credit Union Act, it is enacted as follows: 31 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 11 of the Acts of 2004,
An Act to Amend
Chapter 4 of the Acts of 1994, the Credit Union Act, come into force on and not before May 4, 2005; 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 11 of the Acts of 2004,
An Act to Amend
Chapter 4 of the Acts of 1994, the Credit Union Act, come into force on and not before May 4, 2005, 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 Myra A. Freeman, Lieutenant Governor of the Province of Nova Scotia. AT Our Government House in the Halifax Regional Municipality, this 4 th day of May, in the year of Our Lord two thousand and five and in the fifty- fourth year of Our Reign.
BY COMMAND: Sgd: Michael G. Baker Provincial Secretary Minister of Justice and Attorney General
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Part II - Regulations Vol. 29, No. 10 © NS Registry of Regulations. Web version. 231 N.S. Reg. 98/2005 Made: May 4, 2005 Filed: May 5, 2005 Credit Union Regulations Order in Council 2005-184 dated May 4, 2005 Amendment to regulations made by the Governor in Council pursuant to
Section 257 of the Credit Union Act The Governor in Council on the report and recommendation of the Minister of Environment and Labour dated April 14, 2005, and pursuant to
Section 257 of
Chapter 4 of the Acts of 1994, the Credit Union Act, is pleased to amend the regulations respecting credit unions, N.S. Reg 45/95, made by the Governor in Council by Order in Council 95-304 dated April 11, 1995, to complement amendments made to the Act by
Chapter 11 of the Acts of 2004,
An Act to Amend
Chapter 4 of the Acts of 1994, the Credit Union Act, in the manner set forth in
Schedule “A” attached to and forming part of the report and recommendation, effective on and after May 4, 2005.
Schedule “A” Amendment to the Regulations Respecting Credit Unions made by the Governor in Council pursuant to
Section 257 of
Chapter 4 of the Acts of 1994, the Credit Union Act 1 Clause 1(
u) of the regulations respecting credit unions , N.S. Reg. 45/95, made by the Governor in Council by Order in Council 95-304 dated April 11, 1995, is amended by striking out “3” and substituting “4”. 2
Section 12 of the regulations and its heading ar e repealed and the following
Section and heading substituted: Offices 12 A credit union may establish or relocate an office of the credit union if it has obtained both of the following approvals before establishing or relocating the office: (
a) the approval of the directors; (
b) the approval of the Corporation. 3
Section 13 of the regulations is repeal ed and the following
Section substituted: 13
(1) In this Section, “unclaimed balance” means a deposit, including any interest, the account for which (
a) has not had any transactions take place for 7 years; or (
b) has not had a statement of account requested or acknowledged by the depositor for 7 years.
(2) The 7-year period referred to in subsection (1) starts from
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a) in the case of a deposit made for a fixed period, the day on which the fixed period terminated; and (
b) in the case of any other deposit, the later of (
i) the date on which the last transaction took place, and (ii) the date on which a statement of account was last requested or acknowledged by the depositor.
(3) A credit union shall establish a policy, approved by the Corporation, that sets out
definitions of dormant and inactive deposits and specifies how dormant and inactive deposits are to be treated before they become an unclaimed balance.
(4) On or before January 15 and July 15 of each year, for each deposit that has become an unclaimed balance since the last notification under this subsection, a credit union shall notify (
a) each depositor in writing, mailed to the last address known to the credit union for the depositor, informing the depositor that the deposit has become an unclaimed balance and will be transferred to the Corporation unless the depositor, no later than 30 days after the date of the notice, gives instructions to the credit union as to the disposition of the unclaimed balance; and (
b) the Corporation in writing of the particulars of each deposit.
(5) On or before January 30 and July 30 each year, the Corporation shall publish, in a newspaper with circulation throughout Nova Scotia, a notice of all unclaimed balances it has received notification of under clause (4)(
b) since the last publication under this subsection and the notice shall include all of the following information: (
a) the name of the credit union holding each unclaimed balance; (
b) the name or names of the depositors of each unclaimed balance and their last known community of residence; (
c) a statement that each deposit has become an unclaimed balance and will be transferred to the Corporation unless the depositor, no later than 30 days after the date of publication of the notice, gives instructions to the credit union holding the unclaimed balance as to the disposition of the unclaimed balance.
(6) If a credit union and the Corporation give the required notice under subsections (4) and (5) and do not, within 30 days after the date of the notice referred to in subsection (5), receive instructions from a depositor or creditor entitled to the unclaimed balance as to the disposition of the unclaimed balance, the credit union shall (
a) pay the Corporation an amount equal to the unclaimed balance; and (
b) transfer all signature cards and signing au thorities relating to the unclaimed balance to the Corporation.
(7) Payment to the Corporation under subsection (6) discharges the credit union from all liability to a depositor or creditor in respect of an unclaimed balance.
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(8) An unclaimed balance paid to the Corporation under subsection (6) must be held in perpetuity unless claimed by a depositor or creditor entitled to it.
(9) If a depositor or creditor requests payment from the Corporation of an unclaimed balance to which they are entitled, the Corporation shall pay the depositor or creditor (
a) the amount paid to the Corporation under subsection (6); and (
b) if the account in which the deposit was made required interest to be paid on the deposit, interest on the amount paid under subsection (6) at a rate of 2% a year from the date the amount was received by the Corporation. 4
Section 14 of the regulations is amended by striking out “$5 000” and substituting “$10 000”. 5 Subsection 15(1) of the regulations is amended by (
a) striking out “the loans” and substituting “secured loans” in clause (a); (
b) adding the following clause immediately after clause (a): (aa) the maximum amount of unsecured loans that may be made to a member of the credit union and that may be outstanding at any time; (
c) adding “, including guidelines for the amount and type of loans that must be submitted to the system credit committee for approval” immediately after “approved” in clause (c); (
d) striking out “and the maximum amount of the unsecured loans that may be made to a member and that may be outstanding at anytime” in clause (e). 6 Subsection 15(4) of the regulations is amended by adding “and the Corporation” immediately after “directors”. 7 (1) Subsection 16(2) of the regulations is re pealed and the following subsection substituted:
(2) The Corporation shall specify the total amount of the loans classified in accordance with clauses (1)(
f) and (
g) that may be made by any particular credit union and that may be outstanding at any time. (2) Subsection 16(3) of the regulations is repealed. (3) Subsection 16(7) of the regulations is amende d by striking out “(6)” and substituting “(5),”. 8 Subsection 19(4) of the regulations is repealed. 9 (1) Subsection 21(2) of the regulations is amended by striking out “or the Central”. (2) Subsection 21(2) of the regul ations is further amended by (
a) striking out “or” in clause (n); (
b) striking out the period at the end of clause (
o) and substituting a semicolon; and
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c) adding the following clauses immediately after clause (o): (
p) an auto leasing company; or (
q) a tax preparation company. 10
Section 23 of the regulations is rep ealed and the following
Section substituted: 23
(1) For the purpose of subsection 52(1) of the Act, a credit union shall establish and maintain a level of equity that is not less than 5% of its assets.
(2) If a credit union’s equity falls below the percentage required by subsection (1), the credit union shall submit an equity building plan to the Corporation.
(3) The Corporation shall review an equity building plan submitted by a credit union and shall make recommendations on the plan to the Superintendent.
(4) An equity building plan is subject to the approval of the Superintendent. 11 Subsection 26(1) of the regulations is re pealed and the following subsection substituted: 26
(1) The audit committee established under
Section 91 of the Act shall be composed of 3 or more members of the credit union none of whom is an employee, a member of the credit committee or the chair of the board of directors of the credit union and at least 1 of whom is a director of the credit union. 12 Subsection 26(3) of the regulations is re pealed and the following subsection substituted:
(3) The duties of the audit committee are to do all of the following: (
a) review and make recommendations to th e board regarding all of the following: (
i) the selection process for the auditor, (ii) the appointment of the auditor, (iii) the terms of the auditor’s engagement; (
b) meet with the auditor before an audit begins to review the scope and terms of engagement of the auditor; (
c) review and discuss the auditor’s report, includi ng the auditor’s findings, any restrictions on the scope of the auditor’s work and any issues that the auditor identified in performing the audit; (
d) review the audited financial statements of th e credit union and any subsidiaries before they are approved by the directors under
Section 107 of the Act; (
e) review and make recommendations to th e board regarding all of the following: (
i) recommendations and reports by the auditor,
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Part II - Regulations Vol. 29, No. 10 © NS Registry of Regulations. Web version. 235 (ii) any letters respecting management from the auditor, (iii) any response by the management of the credit union to letters respecting management from the auditors; (
f) review the organization and independence of th e internal auditor of the credit union, including the internal auditor’s goals, work plans and any problems that the internal auditor experienced in performing an audit; (
g) review any recommendations made by the internal auditor respecting the improvement of accounting and internal control practices and the response made by the management of the credit union to the recommendations; (
h) monitor adherence by the directors and officers of the credit union to the requirements of
Section 96 of the Act; (
i) review all reports on the affairs of the cr edit union made by the Superintendent or the Corporation, or any report referred to the audit committee by the board and monitor the implementation of recommendations that the audit committee considers significant and report to the board on the progress of the implementation; (
j) review or develop policies of the credit union as directed by the board and undertake such other duties as are delegated by the board. 13
Section 26 of the regulations is further amended by adding the following subsection immediately after subsection (3): (3A) The audit committee shall report regularly to the board of directors on all matters in subsection (3). 14 Subsection 27(1) of the regulations is re pealed and the following subsection substituted: 27
(1) The credit committee established under
Section 91 of the Act shall be composed of 3 or more members of the credit union none of whom is an employee, a member of the audit committee or the chair of the board of directors of the credit union and at least 1 of whom is a director of the credit union. 15 Subclause 27(3)(a)(iv) of the regulations is amende d by striking out “details of all” and substituting “number, amount and type of”. 16 Clause 27(3)(
c) of the regulations is re pealed and the following clause substituted: (
c) to report in writing to the board of directors at the next regular meeting of the board following a meeting of the credit committee, on the activities of the credit committee including matters included in clause (
a) and including loans made to directors, officers and employees under clause 15(1)(b). 17 Subsection 27(4) of the regulations is repealed. 18 Sections 31 and 32 of the regulations are repealed. 19 Subsections 33(2) and (3) of the regulations ar e repealed and the following subsections substituted:
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(2) When the Minister directs that a review be conducted under subsection (1), the Minister shall form a committee of representatives from the Central and the Corporation to conduct the review.
(3) A committee that is formed under subsection (2) shall (
a) solicit input from the credit union industry; and (
b) report in writing to the Minister on the results of its review, including any recommendations for change that it considers appropriate. N.S. Reg. 99/2005 Made: May10, 2005 Filed: May 12, 2005 Land Registration Administration Regulations Order dated May 10, 2005 Amendment to regulations made by the Minister of Service Nova Scotia and Municipal Relations pursuant to
Section 94 of the Land Registration Act In the matter of
Section 94 of
Chapter 6 of the Acts of 2001, the Land Registration Act - and - In the matter of an amendment to the Land Registration Administration Regulations Order I, Barry Barnet, Minister of Service Nova Scotia and Municipal Relations for the Province of Nova Scotia, under
Section 94 of
Chapter 6 of the Acts of 2001, the Land Registration Act, am pleased to amend the Land Registration Administration Regulations, N.S. Reg. 225/2004, made by order of the Minister of Service Nova Scotia and Municipal Relations dated November 8, 2004, in the manner set forth in the attached
Schedule “A”, effective on and after May l6, 2005. Dated and made at Halifax, Halifax Regional Municipality, Nova Scotia, May 10, 2005. Sgd. Barry Barnet Honourable Barry Barnet Minister of Service Nova Scotia and Municipal Relations
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Schedule “A” Amendment to the Land Registration Administration Regulations made by the Minister of Service Nova Scotia and Municipal Relations under
Section 94 of
Chapter 6 of the Acts of 2001, the Land Registration Act 1 Subsection 2(1) of the Land Registration Administration Regulations, N.S. Reg. 225/2004, made by the Minister of Service Nova Scotia and Municipal Relations on November 8, 2004, is amended by (
a) adding the following clause immediately after clause (b): (ba) “authorized lender” means a chartered ba nk, trust company, credit union or Provincial Government Department that is a party to a Property Online Authorized Lender User Agreement with the Minister that is in force; (
b) striking out “and applications for registration” in clause (
n) and substituting a comma followed by “applications for registration and instruments”. 2 Subsection 2(2) of the regulations is amended by (
a) striking out “photocopy” and substituting “copy” in clause (a); (
b) adding “increases the principal amount available for borrowing under a mortgage,” immediately after “obligation secured,” in clause (e); and (
c) repealing clause (i). 3
Section 3 of the regulations is amended by (
a) adding the following subsection immediately after subsection (6): (6A) Forms 24E, 26E and 27E are prescribed as the cover pages for electronic instruments submitted electronically under
Section 4A. (
b) adding the following subsection immediately after subsection (10): (10A) In Form 5, “occupancy” includes use of a parcel or a portion of a parcel as a travelled way. 4
Section 4 of the regulations is amended by (
a) striking out “transferees or claimants” and substitu ting “interest holders” in subsection (1) clause (a); (
b) adding the following subsection immediately after subsection (6): (6A) A registrar must not accept for registration or recording an instrument that affects the interests of a cooperative association unless it has been endorsed for registration or recording by the inspector of co-operatives and the endorsement appears on the Form 24 or Form 26, as applicable.
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c) adding the following subsection immediately after subsection (9):
(10) Unless submitted electronically, every document presented for registration or recording must be typewritten or handwritten in ink that is neither green nor red and that remains visible when photocopied or scanned. 5 The regulations are further amended by adding the following
Section immediately after
Section 4: Electronic submission of documents 4A
(1) Upon the execution of the appropriate user and pre-authorized debit agreements, an authorized lawyer may submit a deed, mortgage or release of mortgage electronically with respect to a parcel that has been registered under the Act.
(2) Upon the execution of the appropriate user and pre-authorized debit agreements, an authorized lender may submit a release of mortgage electronically with respect to a parcel that has been registered under the Act.
(3) Except where the Act or the regulations state otherwise, a document submitted electronically and in accordance with the Act and the regulations has the same effect for all purposes as a document that is submitted in writing and in accordance with the Act and the regulations.
(4) A document that is submitted electronically must be reviewed by the registrar for registration or recording, and is subject to the registration and recording requirements of the Act and regulations.
(5) Electronic submission of a document is effected by submitting electronically (
a) the appropriate cover page; (
b) the affidavit of value, if required under the Municipal Government Act; and (b) [(c)] an electronic image in portable document format, of the duly executed original instrument.
(6) The authorized lawyer or authorized lender who submits an instrument electronically is responsible for the creation, quality and completeness of the electronic image of the instrument.
(7) An authorized lawyer may not electronically submit a transfer instrument unless the affidavit of value required under the Municipal Government Act has been duly executed and the original has been forwarded to the relevant municipality. 6
Section 5 of the regulations is amended by (
a) striking out “A” at the beginning of subsection (3) and substituting “Subject to subsection (3A), a”; (
b) repealing subsections (7), (8), (9) and (10) and substituting the following subsections:
(7) Unless the description is for a unit as defined in the Condominium Act, every legal description submitted to a registrar must be accurate and complete and must contain (
a) a description of the location, boundaries and extent of the parcel
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i) in full text, or (ii) by reference to a unique identifier on either a plan of survey or subdivision, or a plan or map under the certificate of the Registrar of Crown Lands, that has been (
A) registered with an instrument under the Registry Act, (
B) filed under the Registry Act, or (
C) registered or recorded under the Act; (
b) a description of all parcels excepted out of the legal description (
i) in full text, or (ii) by reference to a unique identifier on either a plan of survey or subdivision, or a plan or map under the certificate of the Registrar of Crown Lands, that has been (
A) registered with an instrument under the Registry Act, (
B) filed under the Registry Act, or (
C) registered or recorded under the Act; (
c) a description of all benefits (
i) in full text, or (ii) by reference to a unique identifier on either a plan of survey or subdivision, or a plan or map under the certificate of the Registrar of Crown Lands, that has been (
A) registered with an instrument under the Registry Act, (
B) filed under the Registry Act, or (
C) registered or recorded under the Act; (
d) a description of all burdens (
i) in full text, (ii) by reference to a unique identifier on either a plan of survey or subdivision, or a plan or map under the certificate of the Registrar of Crown Lands, that has been (
A) registered with an instrument under the Registry Act, (
B) filed under the Registry Act, or (
C) registered or recorded under the Act, or (iii) for a burden that is a restrictive covenant, development agreement or interest in favour of a public utility or municipality, by reference to the registration or
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Part II - Regulations Vol. 29, No. 10 240 © NS Registry of Regulations. Web version. recording particulars of a document that has been registered or recorded under the Registry Act or the Act, if the document contains a full text description of the covenant, development agreement or interest in favour of a public utility or municipality; (
e) all information pertinent to the use of easements (
i) in full text, or (ii) if the pertinent information is more than 5000 characters, by reference to an instrument that has been registered or recorded under the Registry Act or the Act; and (
f) one of the following statements, duly complete d, that verifies that the parcel complies with or is exempt from the subdivision provisions of
Part IX of the Municipal Government Act: (i) “The description for this parcel originates with a deed dated (insert date), registered in the registration district of (insert registration district) in book (insert book number) at page (insert page number) and the subdivision is validated by
Section 291 of the Municipal Government Act.”, (ii) “The parcel originates with an approved plan of subdivision that has been filed under the Registry Act or registered under the Land Registration Act at the Land Registration Office for the registration district of (insert registration district) as plan or document number (insert plan or document number).”, (iii) “The parcel is exempt from the re quirement for subdivision approval under the Municipal Government Act because (state reason for exemption).”, (iv) “The parcel is an original Crown Grant or island ( select one) and is not a subdivision.”, (v) “The parcel was created by a subdivision that predates subdivision control or planning legislation or by-laws in the municipality and therefore no subdivision approval was required for creation of this parcel.”, or (vi) “The parcel was created by a repeal of subdivision and the notice of repeal was registered on (insert date) as instrument number (insert instrument number).”.
(8) When the legal description submitted for PDCA approval relates to a unit as defined in the Condominium Act, the description must contain only (
a) the name of the County where the condominium corporation is situate, together with the condominium corporation number as assigned by the registrar of condominiums; (
b) the description for the unit as detailed in the condominium declaration; (
c) a benefit, using the following wording: “t ogether with the common interest appurtenant thereto”; (
d) a burden, using the following wording: “subject to the Declaration and By-Laws
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Part II - Regulations Vol. 29, No. 10 © NS Registry of Regulations. Web version. 241 (remove reference to By-Laws if none have been registered) of (insert county initial(s)) CC No. (insert condominium corporation number)”.
(9) When these regulations permit, references to an instrument that has been registered or recorded under the Registry Act or the Act can only be used when the interest or information that is contained in the referenced instrument is, or will be, contained in an enabling instrument in the parcel register, and when the interest or information is the only interest or information of its type in the document.
(10) The registration or recording particulars of a document required by subclause (7)(d)(iii) and clause (7)(
e) must include the year the document was registered or recorded and the document number or the book and page reference for the document. (
c) repealing clause (11)(
b) and substituting the following clause: (
b) include detailed reasons with the PDCA wh y the plan of survey or approved plan of subdivision cannot be located or obtained by the submitter. 7
Section 8 of the regulations is amended by (
a) striking out “If” at the beginning of subsection (2) and substituting “Subject to subsections 2A and 2B, if”; (
b) repealing clauses (2)(
c) and (
d) and substituting the following clauses: (
c) an Opinion of Title in Form 8 for the burdened parcel; (
d) the document that conveys the benefit; (
c) adding the following subsection immediately after subsection (2): (2A) If the title to the benefit is based upon adverse possession or prescription, the registered owner of the parcel to be benefitted must make an application to add the benefit, which must include (
a) a Request to Revise the Registration and Certificate of Legal Effect in Form 24; (
b) a statutory declaration or other document that evidences the benefit; and (
c) an application to amend the legal description. 8 Subsection 9(3) of the regulations is amended by (
a) striking out “or” at the end of clause (b); (
b) striking out the period at the end of clause (
c) and substituting “; or”; and (
c) adding the following clause immediately after clause (c): (
d) is a person who has authority to act by virtue of a court order, debenture or other document, and the document evidencing the authority has been recorded under the Act or registered under the Registry Act.
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Part II - Regulations Vol. 29, No. 10 242 © NS Registry of Regulations. Web version. 9 Subsection 9(4) of the regulations is amended by (
a) striking out “and” at the end of clause (e); (
b) striking out the period at the end of clause (
f) and substituting “; and”; and (
c) adding the following clause immediately after clause (f): (
g) a copy of the official report for the lega l description from the parcel description database in Property Online. 10 Clause 9(8)(
b) of the regulations is amended by adding “proof of service in accordance with
Section 23 and” immediately after “together with”. 11
Section 9 of the regulations is furthe r amended by repealing subsection (10). 12 The regulations are further amended by adding the following
Section immediately after
Section 9: Registration of condominium units and the condominium common PID 9A
(1) An application for registration for a unit as defined in the Condominium Act must include (
a) a benefit, using the following wording: “t ogether with the common interest appurtenant thereto”; (
b) a burden, using the following wording: “subject to the Declaration and By-Laws (remove reference to By-Laws if none have been registered) of (insert county initial(s)) CC No. (insert condominium corporation number)”; (
c) all other benefits and burdens that are not declarations, by-laws or amendments to declarations or by-laws, but are interests in the unit or the common interest appurtenant thereto; and (
d) all recorded interests in the unit or the common interest appurtenant thereto.
(2) The enabling instrument for the benefit and burden described in clauses (1)(
a) and (
b) must be the declaration for the condominium corporation.
(3) When a draft application for registration for a condominium unit is approved the registrar must create a parcel register for the condominium common PID in the name of the condominium corporation and must register the declaration, by-laws, and common element rules of the condominium corporation as burdens against the condominium common PID.
(4) Any amendment to the declaration, by-laws or common element rules of a condominium corporation must be registered as burdens against the condominium common PID.
(5) The parcel register of a condominium common PID may only contain the burdens or amendments enumerated in subsections (3) and (4).
(6) An instrument that is registered in the parcel register of a condominium common PID is deemed to be registered in the parcel register for each unit in the condominium corporation.
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Section 10A of the regulations is amended by (
a) repealing subsection (1) and s ubstituting the following subsection:
(1) If a registration has been made in error or there is an error in (
a) a registration; or (
b) an Application for Registration, the owner of a registered interest in a parcel must request rectification by submitting to the Registrar a Request by Owner for Rectification and Certificate of Legal Effect in Form 17. (
b) repealing subsection (8) and s ubstituting the following subsection:
(8) If a registrar believes that a registration has been made in error or there is an error in a registration, an Application for Registration, or a legal description in a parcel register, the registrar may (
a) record a Notice of Registrar’s Proposed Rectification in Form 36 and send the notice to the owner inviting the owner to consent to the proposed rectification; or (
b) require the owner to rectify the registrati on or legal description by recording a Form 17 or making an amending Parcel Description Certification Application. (
c) adding the following subsection immediately following subsection (9): (9A) If an owner consents to the registrar’s rectification proposal the registrar must (
a) re-record the Registrar’s Proposed Rectifi cation in Form 36 and rectify the registration as proposed; and (
b) cancel the recording of each Form 36 in the parcel register. (
d) repealing subsection (12) and substituting the following subsection:
(12) If an owner does not submit a certificate of lis pendens for recording in accordance with subsection (11), the Registrar General must (
a) issue a stop order; or (
b) direct the registrar to rectify the registration in the manner proposed by submitting a Form 17A or an amending Parcel Description Certification Application, as applicable. (
e) repealing subsection (13) and substituting the following subsection:
(13) If the registrar registers a Form 17A under subsection (12), the registrar must cancel the recording of the Forms 36 and 37. 14
Section 11 of the regulations is amended by (
a) repealing clause (1)(
i) and substituting the following clauses:
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Part II - Regulations Vol. 29, No. 10 244 © NS Registry of Regulations. Web version. (
i) a reference to the instrument type assigned to any registered or recorded interest, which information is provided for convenience only and is not part of the registered or recorded interest; (ia) a reference to the interest type assigned to any registered or recorded interest; (
b) repealing subsection (3) and s ubstituting the following subsection:
(3) A parcel register is deemed to be a complete statement of all judgments against (
a) any predecessor in title to the registered owner of the parcel; and (
b) any registered owner at the time the parcel was first registered under the Act or subsequently revised. (
c) repealing subsection 11(6). 15 Subsection 13(4) of the regulations is ame nded by striking out “a the” and substituting “the”. 16
Section 14 of the regulations is amended by (
a) adding “or 24E, as applicable,” immediately after “Form 24” in subsection (2); (
b) repealing subsection (7) and s ubstituting the following subsection:
(7) A Request to Remove Benefits or Burdens Placed in Parcel Register on Subdivision and Certificate of Legal Effect in Form 45 must be used to remove benefits or burdens that, on subdivision, were placed in the parcel register of an infant parcel but that, in an eligible lawyer’s opinion, do not apply to the infant parcel. 17
Section 28 of the regulations is amended by (
a) striking out “and” at the end of clause (1)(a); (
b) adding the following clause immediately after clause (a): (aa) when closed under the authority or at the direc tion of the Minister of Service Nova Scotia and Municipal Relations, the Treasury and Policy Board, or the Public Service Commission; or (
c) striking out “A” and inserting “When permitte d by these regulations, a” in subsection (2). 18 The regulations are further amended by repealing Form s 5, 8, 9, 17, 19, 20, 21, 22, 23, 24, 25, 26, 28, 33, 36, 44, 45, 47 and 49 and substituting Forms 5, 8, 9, 17, 19, 20, 21, 22, 23, 24, 25, 26, 28, 33, 36, 44, 45, 47 and 49, respectively, in the form attached. 19 The regulations are further amended by adding Form 17A after Form 17, Form 24E after Form 24, Form 26E after Form 26, and Form 27E after Form 27, in the form attached.
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Part II - Regulations Vol. 29, No. 10 © NS Registry of Regulations. Web version. 245 Form 5 Owner’s Declaration Regarding Occupation of Parcel and Residency Status Land Registration Act, S.N.S. 2001, c. 6, clause 37(4)(
h) and
Section 38 Land Registration Administration Regulations, clauses 9(4)(
c) and 15(2)(
b) Registrant user number: ___________________________ Registration district: ______________________________ Submitter’s name/firm: ____________________________ In the matter of Parcel Identification Number (PID) PID: PID: (Expand box for additional PIDs.) And in the matter of the registration of the above-noted parcel(
s) under the Land Registration Act and regulations: Note: When completing this form,
Section 1 is for use if this form is being completed by all individual owners (not bodies corporate) of the parcel(
s) identified as the above-noted PID(s).
Section 2 is for use if this form is being completed by all corporate owners (bodies corporate) of the parcel(
s) identified as the above-noted PID(s).
Section 3 is for use if this form is being completed by an authorized lawyer or authorized surveyor under subsection 9(5) of the Land Registration Administration Regulations for the owner of the parcel(
s) identified as the above-noted PID(s).
Section 4 is for use if this form is being completed by a mortgagee, receiver or trustee of the owner under subsection 9(6) of the Land Registration Administration Regulations.
Section 1 I/We (insert name(s)) ____________________________, of _____________ in the County of ____________, solemnly declare: 1. I am/We are the owner(
s) of the parcel identified as the above-noted PID. 2. To my/our knowledge neither the whole nor a porti on of the above-noted parcel is occupied without permission. 3. I am/we are ( select one) 9 a permanent resident of the Province of Nova Scotia, as defined in the Land Registration Administration Regulations. 9 a non-resident of the Province of Nova Scotia, as defined in the Land Registration Administration Regulations. 4. I am/we are submitting this declaration in support of an application for registration under
Section 37 of the Land Registration Act. I make/we make this solemn declaration conscientiously believing it to be true and knowing it to be of the same force and effect as if made under oath and by virtue of the Canada Evidence Act.
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Part II - Regulations Vol. 29, No. 10 246 © NS Registry of Regulations. Web version. -Or- 1. I am/We are the owner(
s) of the parcel identified as the above-noted PID. 2. To my/our knowledge the whole or a portion of the above-noted parcel is occupied without permission. 3. The occupation commenced on or about _______________________. 4. The name and address of the person in occupation is ( if unknown, state “unknown”) ______________________________________________. 5.
Other details relating to the occupa tion without permission are as follows: ________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ 6.
The occupation without permission is ( select one) 9 by the owner of an adjacent parcel and exceeds 20% of the area of the parcel. 9 by the owner of an adjacent parcel and do es not exceed 20% of the area of the parcel. 9 by a person who is not the owner of an adjacent parcel. (If the occupier is the owner of an adjacent parcel and the occupation does not exceed 20% of the area of the parcel, do not complete clause 7.) 7. The occupier has been/will be notified in writing of the registration of the above-noted PID(
s) and a copy of the notice will be forwarded to the land registration office together with the other documents required to accompany the application for registration under the Land Registration Act and regulations. 8. I am/we are ( select one) 9 a permanent resident of the Province of Nova Scotia, as defined in the Land Registration Administration Regulations. 9 a non-resident of the Province of Nova Scotia, as defined in the Land Registration Administration Regulations. 9. I am/we are submitting this declaration in support of an application for registration under
Section 37 of the Land Registration Act. I make/we make this solemn declaration conscientiously believing it to be true and knowing it to be of the same force and effect as if made under oath and by virtue of the Canada Evidence Act.
Section 2 I, _____________________________ (insert name) _______________________________, (insert corporate position or title) of _____________ in the County of ______________, do solemnly declare: 1. The corporation is the owner(
s) of the parcel identified as the above-noted PID. 2. To my knowledge, on behalf of the corporation, neither the whole nor a portion of the above-noted parcel is occupied without permission. 3. The corporation is ( select one) 9 not a non-resident of the Province of Nova Scotia, as defined in the Land Registration Administration Regulations.
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Part II - Regulations Vol. 29, No. 10 © NS Registry of Regulations. Web version. 247 9 a non-resident of the Province of Nova Scotia, as defined in the Land Registration Administration Regulations. 4. The corporation is submitting this declaration in s upport of an application for registration under
Section 37 of the Land Registration Act. On behalf of the corporation, I make this solemn declaration conscientiously believing it to be true and knowing it to be of the same force and effect as if made under oath and by virtue of the Canada Evidence Act. -Or- 1. The corporation is the owner of the parcel identified as the above-noted PID. 2. To my knowledge, on behalf of the corporation, th e whole or a portion of the above-noted parcel is occupied without permission. 3. The occupation commenced on or about _______________________. 4.
The name and address of the person in occupation is ( if unknown, state “unknown”) ______________________________________________. 5. Other details relating to the occupa tion without permission are as follows: ________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ 6.
The occupation without permission is ( select one) 9 by the owner of an adjacent parcel and exceeds 20% of the area of the parcel. 9 by the owner of an adjacent parcel and do es not exceed 20% of the area of the parcel. 9 by a person who is not the owner of an adjacent parcel. (If the occupier is the owner of an adjacent parcel and the occupation does not exceed 20% of the area of the parcel, do not complete clause 7.) 7. The occupier has been/will be notified in writing of the registration of the above-noted PID(
s) and a copy of the notice will be forwarded to the land registration office together with the other documents required to accompany the application for registration under the Land Registration Act and regulations. 8. The corporation is ( select one) 9 a permanent resident of the Province of Nova Scotia, as defined in the Land Registration Administration Regulations. 9 a non-resident of the Province of Nova Scotia, as defined in the Land Registration Administration Regulations. 9. On behalf of the corporation, I am submitting this d eclaration in support of an application for registration under
Section 37 of the Land Registration Act. I make this solemn declaration conscientiously believing it to be true and knowing it to be of the same force and effect as if made under oath and by virtue of the Canada Evidence Act.
Section 3 I, (insert name)_______________________________, of _____________ in the County of ______________, solemnly declare:
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Part II - Regulations Vol. 29, No. 10 248 © NS Registry of Regulations. Web version. 1. I am the authorized lawyer or authorized surveyor for the owner of the parcel identified as the above-noted PID and as such have personal knowledge of the matters deposed to in this declaration unless otherwise stated. 2. I am informed by the current/previous owner and believe that/To my knowledge neither the whole nor a portion of the above-noted parcel is occupied without permission. -Or- 2.
I am informed by the current/previous owner and believe that/To my knowledge the whole or a portion of the above-noted parcel is occupied without permission. 3. The occupation commenced on or about _______________________. 4. The name and address of the person in occupation is ( if unknown, state “unknown”) ______________________________________________. 5.
Other details relating to the occupa tion without permission are as follows: ________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ 6. The occupation without permission is ( select one) 9 by the owner of an adjacent parcel and exceeds 20% of the area of the parcel. 9 by the owner of an adjacent parcel and do es not exceed 20% of the area of the parcel. 9 by a person who is not the owner of an adjacent parcel. 7.
The occupier has been/will be notified in writing of the registration of the above-noted PID(
s) and a copy of the notice will be forwarded to the land registration office together with the other documents required to accompany the application for registration under the Land Registration Act and regulations. 8. The owner(
s) of the above-noted PID(
s) is/are ( select one) 9 a permanent resident of the Province of Nova Scotia, as defined in the Land Registration Administration Regulations. 9 a non-resident of the Province of Nova Scotia, as defined in the Land Registration Administration Regulations. 9. I am submitting this declaration in support of an application for registration under
Section 37 of the Land Registration Act. I make this solemn declaration conscientiously believing it to be true and knowing it to be of the same force and effect as if made under oath and by virtue of the Canada Evidence Act.
Section 4 I, (insert name(s))_______________________________, of _____________ in the County of______________, solemnly declare: 1. I am/we are/the corporation is a mortgagee, receiver, trustee or person who has the authority to act for the owner as referred to in subsection 9(6) of the Land Registration Administration Regulations. 2. I have/we have/the corporation has no personal knowledge regarding occupancy of the parcel.
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Part II - Regulations Vol. 29, No. 10 © NS Registry of Regulations. Web version. 249 3. An order, assignment in bankruptcy or other re levant document has been registered under the Registry Act and evidences the fact that I [have]/we [have]/the corporation has the authority to act for the owner and [am/are/]is at arm’s length from the parcel. 4.
I am/we are/the corporation is ( select one) 9 a permanent resident of the Province of Nova Scotia, as defined in the Land Registration Administration Regulations. 9 a non-resident of the Province of Nova Scotia, as defined in the Land Registration Administration Regulations. 5. I am/we are/the corporation is submitting this declara tion in support of an application for registration under
Section 37 of the Land Registration Act. I make/we make/the corporation makes this solemn declaration conscientiously believing it to be true and knowing it to be of the same force and effect as if made under oath and by virtue of the Canada Evidence Act. Declared before me at _____________, ) in the ) County of ______________________, ) Province of Nova Scotia, on ___________ ) ____________, 2___ before me, ) ) __________________________________ ) ______________________________________ A Commissioner/Barrister of the Supreme ) ( Type name of deponent(
s) below line.) Court of Nova Scotia ) Form 8
Part 1 Opinion of Title Land Registration Act, S.N.S. 2001, c. 6, clause 37(4)(
b) Land Registration Administration Regulations, clauses 8(2)(
c) and 15(2)(
c) Registrant user number: ___________________________ Registration district: ______________________________ Submitter’s name/firm: ___________________________ In the matter of Parcel Identification Number (PID) PID: PID: (Expand box for additional PIDs.) Note: In order to list multiple PIDs, the abstract must apply equally to all the PIDs. I, (name of authorized lawyer) ______________, hereby certify to the Registrar General under clause 37(4)(
b) of the Land Registration Act as follows: 1. This opinion of title relates to the parcels as described in the parcel register for the above-noted PID(
s) as of the date of this opinion. 2. The information contained in the attached abstract of title and the information submitted in the application for registration for this parcel is a true and correct
summary of the title information disclosed by the records on file in the land registration office for the county where the parcel lies.
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Part II - Regulations Vol. 29, No. 10 250 © NS Registry of Regulations. Web version. 3. This opinion of title is based upon the attached abstract of title. 4. This opinion is subject to the accuracy of the indices at the office of the Registrar of Deeds. 5. The attached abstract of title shows a chain of ow nership of the parcel to the standard required to demonstrate a marketable title under (select one) 9 the Marketable Titles Act 9 the Limitation of Actions Act 9 the common law 9 other enactment (specify):______________ 6. The signed Statement of Registered and Recorded In terests that accompanies this Opinion is a true and accurate
summary of the registered interest, benefits, burdens, qualifications on title, recorded interests, and means of access that apply to this parcel. 7. There are no other encumbrances affecting the title to the land disclosed by the records on file in the land registration office for the county where the parcel lies except those specified herein. 8. The abstract of title has been prep ared in accordance with the standards for the practice of real property law, recommended by the Nova Scotia Barristers’ Society. 9. The applicable statement respecting the subdivi sion provisions contained in
Part IX of the Municipal Government Act is accurately set forth in the official parcel description for the parcel, which is attached hereto. 10. For the purposes of registration of the title of th e above-noted PID(
s) a policy of title insurance (select one) 9 was not issued with respect to this parcel. 9 was issued with respect to this parcel in order to (provide details of the reason a title insurance policy was required) _______________________________________________________________________________ _______________________________________________________________________________. 11. Unless noted above, this opinion is subject to (
a) rights in respect of the lands, which may have been acquired by adverse possession or prescription; and (
b) the overriding interests stipulated in
Section 73 of the Land Registration Act. 12. No opinion is expressed as to (
a) the actual boundaries of the lands, the location of an y buildings or structures in relation to the actual boundaries of the lands, or the size of the lands; (
b) the validity, enforceability of, or compliance with, restrictive covenants if contained in the signed Statement of Registered and Recorded Interests attached hereto; or (
c) the validity or effect of the recorded interest s listed in the signed Statement of Registered and Recorded Interests attached hereto.
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Part II - Regulations Vol. 29, No. 10 © NS Registry of Regulations. Web version. 251 Certified on ________________, 2_____, at _________________, in the County of ____________, Province of Nova Scotia. __________________________________________ Signature of authorized lawyer Name: _________________________________ Address: _________________________________ _________________________________ Phone: _________________________________ Email: _________________________________ Fax: _________________________________ Form 8
Part 2 Opinion of Title for Unregistered Servient Tenement Parcel Land Registration Administration Regulations, clauses [clause] 8(2)(
c) Registrant user number: ___________________________ Registration district: ______________________________ Submitter’s name/firm: ___________________________ In the matter of Parcel Identification Number (PID) Dominant Tenement PID (registered under the LRA): Servient Tenement PID (not registered under the LRA): (Expand box for additional PIDs.) Note: In order to list multiple PIDs, the abstract must apply equally to all the PIDs. I, (name of authorized lawyer) ______________, hereby certify to the Registrar General under clause 8(2)(
c) of the Land Registration Administration Regulations as follows: 1. This opinion of title relates to the servient tenement pa rcel(
s) that is/are above-noted, as of the date of this opinion. 2. The information contained in the attached abstract of title is a true and correct
summary of the title information disclosed by the records on file in the land registration office for the county where the parcel lies. 3. This opinion of title is based upon the attached abstract of title. 4. This opinion is subject to the accuracy of the indices at the office of the Registrar of Deeds. 5. The following is/are the owner(
s) of the fee si mple interest in the servient tenement parcel Name of owner: _____________________________________ 6. The burden on the unregistered servient tenement parcel is subject to the following interests: ____________________________________________________________________________________ ____________________________________________________________________________________.
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Part II - Regulations Vol. 29, No. 10 252 © NS Registry of Regulations. Web version. 7. There are no other encumbrances affecting the title to th e servient tenement parcel disclosed by the records on file in the land registration office for the county where the parcel lies except those specified herein. 8. The abstract of title has been prep ared in accordance with the standards for the practice of real property law, recommended by the Nova Scotia Barristers’ Society. 9. Unless noted above, this opinion is subject to (
a) rights in respect of the lands, which may have been acquired by adverse possession or prescription; and (
b) the overriding interests stipulated in
Section 73 of the Land Registration Act. 10. No opinion is expressed as to (
a) the actual boundaries of the lands, the location of an y buildings or structures in relation to the actual boundaries of the lands, or the size of the lands; or (
b) the validity, enforceability of, or compliance with, restrictive covenants if mentioned in paragraph 6. Certified on ________________, 2_____, at _________________, in the County of ____________, Province of Nova Scotia. __________________________________________ Signature of authorized lawyer Name: _________________________________ Address: _________________________________ _________________________________ Phone: _________________________________ Email: _________________________________ Fax: _________________________________ Form 9 Notice of Parcel Registration Land Registration Administration Regulations, clauses 9(4)(
e) and 15(2)(
e) and subsections 9(8) and 17(5) Registrant user number: ___________________________ Registration district: ______________________________ Submitter’s name/firm: ___________________________ In the matter of Parcel Identification Number (PID) PID: PID: (Expand box for additional PIDs.)
Whereas the above-noted parcel(s), which is/are located at (insert civic address of the parcel(s)) __________________________________________, has/have been registered under the Land Registration Act; And
whereas __________________________________(insert name(
s) of holder(
s) of the registered interest) has/have been registered as the owner(
s) of the parcel;
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Part II - Regulations Vol. 29, No. 10 © NS Registry of Regulations. Web version. 253 And
whereas you _____________________________________________( insert name, address and PID number of notice recipient and the recipient’s parcel) appear to be (select one) 9 an abutting landowner who is occupying more than 20% of the above-noted parcel(
s) or a portion of it without permission: -Or- 9 an abutting landowner who is occupying less than 20% of the above-noted parcel(
s) or a portion of it without permission: -Or- 9 the most recent holder of the paper title to the above-noted parcel(
s) as shown on the consolidated index that is maintained under the Registry Act: -Or- 9 a landowner who is entitled to receive notice of this parcel registration by virtue of an Order for Substituted Service issued by the Registrar General of Land Registration: And
whereas a copy of the legal description and parcel graphics from Property Online for the registered parcel are attached to this notice (attach legal description and POL graphics for parcel): Take notice that the above-noted parcel(
s) has/have been registered under the Land Registration Act.
And further take notice that (select one) 9 if you are owner of an abutting parcel and are occupying less than 20% of the above-noted parcel without permission, you do not need to take any action to assert your ownership interest, if any. (See subsection 75(1) of the Land Registration Act.) -Or- 9 if you are an abutting landowner who has obtained an interest in more than 20% of this parcel by adverse possession or prescription, or are someone else who has obtained an interest in this parcel by adverse possession or prescription you have a right to seek confirmation of the interest in the Supreme Court of Nova Scotia. (See subsection 74(2) of the Land Registration Act.) And further take notice that proof of a claim of ownership must be registered in the land registration office in the area where the land is situated within 10 years from the date the parcel was registered. (See subsection 74(2) of the Land Registration Act.) Dated at _________________________, in the County of ___________________, Province of Nova Scotia, ______________________________, 2_______. __________________________________________ Signature of registered owner Name: _________________________________ Address: _________________________________ _________________________________ Phone: _________________________________ Email: _________________________________ Fax: _________________________________
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Form 17 Request by Owner for Rectification and Certificate of Legal Effect Land Registration Administration Regulations, subsection 10A(1) (Instrument type: 807) Registrant user number: ___________________________ Registration district: ______________________________ Submitter’s name/firm: ___________________________ In the matter of Parcel Identification Number (PID) PID: PID: (Expand box for additional PIDs.) 9 (Check if appropriate) This request and Certificate of Legal Effect includes a (select one) benefit/burden that affects another parcel registered under the Land Registration Act and a separate Form 17 relating to this (select one) benefit/burden is being submitted contemporaneously herewith.
Take notice that (select one) 9 the (select one) registration/revision of registration of the above-noted parcel was made in error. 9 the (select one) registration/revision of registration of the above-noted parcel contains an error. 9 an error was made on the Application for Registration of the above-noted parcel. And further take notice that the registered owner hereby requests the rectification of the registration of the above-noted parcel. I certify that the reason(
s) for the rectification is/are as follows: I further certify that the details of the rectification are as follows: 1. The following registered interests are changed in the parcel’s registration ( insert N/A if not applicable): Instrument type/code Expiry date (if applicable) Interest holder and type to be removed (if applicable) Interest holder and type to be added (if applicable) Note: include qualifier (e.g. estate of, executor, trustee, personal representative) if applicable
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Part II - Regulations Vol. 29, No. 10 © NS Registry of Regulations. Web version. 255 Mailing address of interest holder added (if applicable) Manner of tenure (if applicable) Access type to be removed (if applicable) Access type to be added (if applicable) Non-resident (to eligible lawyer’s information and belief)(Yes/No?) Reference to related instrument in names-based roll/parcel register (if applicable) 2.
The following tenant in common interests not registered under the Land Registration Act are changed in the parcel’s registration (insert N/A if not applicable): Instrument type/code Expiry date (if applicable) Interest holder and type to be removed (if applicable) Interest holder and type to be added (if applicable) Note: include qualifier (e.g. estate of, executor, trustee, personal representative) if applicable Percentage of interest held Mailing address of interest holder added (if applicable) Reference to related instrument in names-based roll/parcel register (if applicable) 3.
The following judgments are incorporated into the parcel register ( insert N/A if not applicable): Instrument Type/Code Interest Holder Type Interest Holder/Mailing Address Names-Based Roll Reference (if applicable) 4. The following benefits (e.g. right of way benef its) are changed in the parcel’s registration (insert N/A if not applicable): Instrument type/code Expiry date (if applicable) Interest holder and type to be removed (if applicable) Interest holder and type to be added (if applicable) Note: include qualifier (e.g. estate of, executor, trustee, personal representative) if applicable
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Part II - Regulations Vol. 29, No. 10 256 © NS Registry of Regulations. Web version. Mailing address of interest holder added (if applicable) Servient tenement parcel(s) (list all affected PIDs): Note: If the servient tenement parcel is not registered under the Land Registration Act, you must attach an abstract of title for the servient tenement parcel and a Form 8 Opinion of Title in accordance with Land Registration Administration Regulations subsection 8(2). Reference to related instrument in names-based roll/parcel register (if applicable) 5.
The following burdens (e.g. right of way in favour of another person or parcel) are changed in the parcel’s registration (insert N/A if not applicable): Instrument type/code Expiry date (if applicable) Interest holder and type to be removed (if applicable) Interest holder and type to be added (if applicable) Note: include qualifier (e.g. estate of, executor, trustee, personal representative) if applicable Mailing address of interest holder added (if applicable) Dominant tenement parcel(s) (list all affected PIDs) Reference to related instrument in names-based roll/parcel register (if applicable) 6.
The following recorded interests are ch anged in the parcel’s registration (insert N/A if not applicable): Instrument type/code Expiry date (if applicable) Interest holder and type to be removed (if applicable) Interest holder and type to be added (if applicable) Note: include qualifier (e.g. estate of, executor, trustee, personal representative) if applicable Mailing address of interest holder added (if applicable) Reference to related instrument in names-based roll/parcel register (if applicable) 7.
I request that the following textual qualifications on th e registered interest in the above-noted parcel be changed (insert N/A if not applicable):
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Part II - Regulations Vol. 29, No. 10 © NS Registry of Regulations. Web version. 257 Textual qualification on title to be removed (insert any existing textual description being changed, added to or altered in any way) Expiry date of qualification (if applicable) Textual qualification on title to be added (insert replacement textual description) 8.
I request that the following information about the o ccupier of the parcel, which is owned by the Nova Scotia Farm Loan Board, be changed (insert n/a if not applicable) Name and mailing address of occupier to be removed Name and mailing address of occupier to be added 9. It is appropriate to rectify the parcel registration as certified in this request.
Certified at __________________, in the County of ___________, Province of Nova Scotia, on __________________________________, 2 ______. __________________________________________ Signature of eligible lawyer Name: _________________________________ Address: _________________________________ _________________________________ Phone: _________________________________ Email: _________________________________ Fax: _________________________________ Form 17A Registrar’s Rectification or Correction of Registrar’s Error Land Registration Administration Regulations, subsection 10A(12) (Instrument type:) Registration district: ______________________________ In the matter of Parcel Identification Number (PID) PID: PID: (Expand box for additional PIDs.) Take notice that (select one) 9 the (select one) registration/revision of registration of the above-noted parcel was made in error. 9 the (select one) registration/revision of registration of the above-noted parcel contains an error.
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Part II - Regulations Vol. 29, No. 10 258 © NS Registry of Regulations.
Web version. 9 an error was made on the Application for Registration of the above-noted parcel. 9 the revision of registration for the above-noted parcel was not carried out in accordance with the owner’s instructions as contained on the form registered or recorded as document no. _____________________. 9 the recording of an interest for the above-noted parcel was not carried out in accordance with the owner’s instructions as contained on the form registered or recorded as document no. _____________________. 9 the cancellation of a recorded interest for the above-noted parcel was not carried out in accordance with the owner’s instructions as contained on the form registered or recorded as document no. _____________________.
And further take notice that (select one) 9 the registrar hereby makes the rectification of the registration of the above-noted parcel in accordance with the Land Registration Administration Regulations, subsection 10A(12). 9 the registrar hereby makes the following correction to the registration or recording as contained in the owner’s or interest holder’s instructions. The details of the (select one) rectification/correction of registrar’s error are as follows: 1.
The following registered interests are changed in the parcel’s registration ( insert N/A if not applicable): Instrument type/code Expiry date (if applicable) Interest holder and type to be removed (if applicable) Interest holder and type to be added (if applicable) Note: include qualifier (e.g. estate of, executor, trustee, personal representative) if applicable Mailing address of interest holder added (if applicable) Manner of tenure (if applicable) Access type to be removed (if applicable) Access type to be added (if applicable) Non-resident (to eligible lawyer’s information and belief) (Yes/No?) Reference to related instrument in names-based roll/parcel register (if applicable)
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Part II - Regulations Vol. 29, No. 10 © NS Registry of Regulations. Web version. 259 2.
The following tenant in common interests not registered under the Land Registration Act are changed in the parcel’s registration (insert N/A if not applicable): Instrument type/code Expiry date (if applicable) Interest holder and type to be removed (if applicable) Interest holder and type to be added (if applicable) Note: include qualifier (e.g. estate of, executor, trustee, personal representative) if applicable Percentage of interest held Mailing address of interest holder added (if applicable) Reference to related instrument in names-based roll/parcel register (if applicable) 3.
The following judgments are incorporated into the parcel register ( insert N/A if not applicable): Instrument Type/Code Interest Holder Type Interest Holder/Mailing Address Names-Based Roll Reference (if applicable) 4.
The following benefits (e.g. right of way benef its) are changed in the parcel’s registration (insert N/A if not applicable): Instrument type/code Expiry date (if applicable) Interest holder and type to be removed (if applicable) Interest holder and type to be added (if applicable) Note: include qualifier (e.g. estate of, executor, trustee, personal representative) if applicable Mailing address of interest holder added (if applicable) Servient tenement parcel(s) (list all affected PIDs): Note: If the servient tenement parcel is not registered under the Land Registration Act, you must attach an abstract of title for the servient tenement parcel and a Form 8 Opinion of Title in accordance with Land Registration Administration Regulations subsection 8(2).
Reference to related instrument in names-based roll/parcel register (if applicable)
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Part II - Regulations Vol. 29, No. 10 260 © NS Registry of Regulations. Web version. 5.
The following burdens (e.g. right of way in favour of another person or parcel) are changed in the parcel’s registration (insert N/A if not applicable): Instrument type/code Expiry date (if applicable) Interest holder and type to be removed (if applicable) Interest holder and type to be added (if applicable) Note: include qualifier (e.g. estate of, executor, trustee, personal representative) if applicable Mailing address of interest holder added (if applicable) Dominant tenement parcel(s) (list all affected PIDs) Reference to related instrument in names-based roll/parcel register (if applicable) 6.
The following recorded interests are ch anged in the parcel’s registration (insert N/A if not applicable): Instrument type/code Expiry date (if applicable) Interest holder and type to be removed (if applicable) Interest holder and type to be added (if applicable) Note: include qualifier (e.g. estate of, executor, trustee, personal representative) if applicable Mailing address of interest holder added (if applicable) Reference to related instrument in names-based roll/parcel register (if applicable) 7.
The following textual qualifications on the registered interest in the above-noted parcel are changed (insert N/A if not applicable): Textual qualification on title to be removed (insert any existing textual description being changed, added to or altered in any way) Expiry date of qualification (if applicable) Textual qualification on title to be added (insert replacement textual description) Dated at __________________, in the County of ___________, Province of Nova Scotia, on _________________, 2 ______. ____________________________________ Signature of Registrar
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Part II - Regulations Vol. 29, No. 10 © NS Registry of Regulations. Web version. 261 Form 19 Certificate of Lis Pendens Land Registration Act, S.N.S. 2001, c. 6, subsection 18(16) and
Section 58 Land Registration Administration Regulations, subsections 10A(6) and (11) (Instrument type: 826) Registrant user number: ___________________________ Registration district: ______________________________ Submitter’s name/firm: ____________________________ In the matter of Parcel Identification Number (PID): PID: PID: (Expand box for additional PIDs.) And in the matter of registered owner ____________________________: Take notice that an action was commenced in the Supreme Court of Nova Scotia on __________________, 2_____, between: Plaintiff: _______________________________________ and Defendant: _____________________________________ Court file No.: __________________________________ Claim of builders’ lien for $_____________________(For use when the pending action is with respect to a Builders’ Lien Act claim of lien) to enforce against the above-noted PIDs (attach appropriate legal descriptions if claim of lien also relates to parcels not registered under the Land Registration Act.) Dated at _________________________, in the County of ___________________, Province of Nova Scotia, ___________________________, 2_______. ______________________________ Signature of Prothonotary 9 This document also affects non-land registration parcels.
The original will be registered under the Registry Act and a certified true copy for recording under the Land Registration Act is attached.
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Part II - Regulations Vol. 29, No. 10 262 © NS Registry of Regulations. Web version.
Form 20 Request to Update the Name or Address of a Judgment Debtor Land Registration Administration Regulations, subsection 18(3) (Instrument type: 713) Registrant user number: ___________________________ Registration district: ______________________________ Submitter’s name/firm: ___________________________ In the matter of judgment debtor (insert name)__________________________; And in the matter of an update of the name or address of the judgment debtor; And in the matter of a certificate of judgment recorded in the judgment roll as document/instrument number (insert document/instrument number/year; include book/page if applicable) _______________, with the address of the judgment debtor shown as (insert address)___________________________________________; And in the matter of Parcel Identification Number (PID) (if applicable) PID: PID: (Expand box for additional PIDs.) Take notice that (select one) 9 the address of the judgment debtor is incorrect. 9 the (select one) name/name and address/address of the judgment debtor is/are incomplete and should be updated.
And further take notice that a request is hereby made to the registrar to change the (select one) name/name and address/address of the judgment debtor as follows: ____________________________________________ _________________________________________________________________________________________ _________________________________________________________________________________________ And further take notice that attached is my affidavit the Court Order or revised Certificate of Judgment confirming that the change of the (select one) name/name and address/address of the judgment debtor is appropriate.
Dated at _________________________, in the County of ___________________, Province of Nova Scotia, _______________________________, 2_______. __________________________________________ Signature of judgement creditor Name: _________________________________ Address: _________________________________ _________________________________ Phone: _________________________________ Email: _________________________________ Fax: _________________________________
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Part II - Regulations Vol. 29, No. 10 © NS Registry of Regulations. Web version. 263 Form 21 Request to Revise the Name of the Registered Owner or Interest Holder Land Registration Act, S.N.S. 2001, c. 6, subsection 22(1) and
Section 27 Land Registration Administration Regulations, subsection 14(5) and
Section 16 (Instrument type: 109) Registrant user number: ___________________________ Registration district: ______________________________ Submitter’s name/firm: ____________________________ In the matter of Parcel Identification Number (PID) PID: PID: (Expand box for additional PIDs.) (Select one): And in the matter of document reference (insert document/instrument number/year; include book/page if applicable) _______________; And in the matter of the change of name or a misspelling of the name of the (select one and insert name) registered owner/interest holder __________________________________: Take notice that the name of the (select one) registered owner/interest holder (select one) has changed/was misspelled in a registered or recorded instrument and a request is hereby made to the registrar that the name of the (select one) registered owner/interest holder in the above-noted parcel(
s) be changed as described in the attached affidavit. -Or- And in the matter of the death of a joint tenant (insert name of deceased joint tenant) ___________________, owner of a registered interest in the above-noted parcel(s): Take notice that the above-noted joint tenant is deceased and a proof of death is attached to my Affidavit of Death of Joint Tenant. Further take notice that the manner of tenure in the above-noted parcel is changed to __________________ (complete if applicable).
Dated at _________________________, in the County of ___________________, Province of Nova Scotia, _______________________________, 2_______. __________________________________________ Signature of registered owner/interest holder/agent Name: _________________________________ Address: _________________________________ _________________________________ Phone: _________________________________ Email: _________________________________ Fax: _________________________________
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Part II - Regulations Vol. 29, No. 10 264 © NS Registry of Regulations. Web version. Affidavit of Name Change/Misspelling/Death of Joint Tenant I, ________________________, of __________________________, in the County of ____________, Province of Nova Scotia, make oath and say as follows: 1. I am the/a ( select one) registered owner/interest holder of an interest in the parcel(
s) identified as PID(s) __________________. (Select one paragraph 2): 2. On ___________________________, 2______ I changed my name from __________________________ to ___________________________. -Or- 2. My name was misspelled on the deed or other inst rument registered or recorded as document/instrument number _________________________. -Or- 2. ( Insert name of deceased joint tenant) ________________________________________, a joint tenant in the parcel, is deceased and the proof of death is attached to this affidavit. (Select one paragraph 3.) 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): 9 Common law usage (provide particulars of usage) _________________________ 9 Order of the Court (specify type of Order) ________________________________ 9 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): 9 Amalgamation ( attach certificate or order) 9 Application to the Registry of Joint Stock Companies (or equivalent) (attach certificate of name change) - Or- For use where there was a misspelling on a cover page, in an application for registration, or in another non- registered instrument: 3. My name was misspelled in the ( specify the instrument type and document/instrument number) ______________________ and the correct spelling of my name is _______________________________.
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Part II - Regulations Vol. 29, No. 10 © NS Registry of Regulations. Web version. 265 - Or- For use on the death of a joint tenant: 3.
By virtue of the death of (insert name of deceased joint tenant) ____________________, I hereby request that his/her name be removed as an owner of the above-noted PID, and that the manner of tenure of the PID be changed as follows: Manner of tenure (if applicable) Owner/registered interest holder by right of survivorship New address (if applicable) Sworn to at ______________, in the ) County of ______________________, ) Province of Nova Scotia, on ____________ ) ____________, 2___ before me, ) ) _________________________________ ) _____________________________________________ A Barrister/Commissioner of the ) ( Type name of owner/agent/interest holder below line.) Supreme Court of Nova Scotia ) [ 9] This document also affects non-land registration par cels.
The original will be registered under the Registry Act and a certified true copy for recording under the Land Registration Act is attached.
Form 22 Change of Address Land Registration Act, S.N.S. 2001, c. 6, subsection 77(3) Registrant user number: ___________________________ Registration district: ______________________________ Submitter’s name/firm: ___________________________ In the matter of Parcel Identification Number (PID) PID: PID: (Expand box for additional PIDs.) And in the matter of document/instrument (insert document/instrument number/year; include book/page if applicable) (for names-based roll–include all instruments affected by the change of address) _____________________________________________________________________; And/or in the matter of (select one and insert name) the registered owner/a recorded interest holder ______________________________________________________________: Take notice that (select one) 9 I am the above-noted registered owner/agent. 9 I am the occupier of the above-noted PID(s), which are owned by the Nova Scotia Farm Loan Board 9 I am the above-noted recorded interest holder/agent.
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Part II - Regulations Vol. 29, No. 10 266 © NS Registry of Regulations. Web version.
And further take notice that I have reviewed the address information contained in Property Online and hereby request that my address be changed as follows (please print or type): New address: ______________________________________________________________________________ _________________________________________________________________________________________ _________________________________________________________________________________________ And further take notice that I understand that this address must be used to serve all notices and documents requiring service under the Land Registration Act.
Dated at _________________________, in the County of ___________________, Province of Nova Scotia, _______________________________, 2_______. __________________________________________ Signature of owner/interest holder/agent/occupier of Nova Scotia Farm Loan Board Parcel(
s) Name: _________________________________ Address: _________________________________ _________________________________ Phone: _________________________________ Email: _________________________________ Fax: _________________________________ NRI File Number _________________ (for internal use only) Back-title reference number (insert AFR bundle number for previously-submitted back-title) ________ Form 23 Application for Registration Supporting Documents Cover Page Land Registration Act, S.N.S. 2001, c. 6,
Section 37 Land Registration Administration Regulations, clauses 9(4)(
a) and 15(2)(
a) Registration district: __________________________ Registrant user number: _______________________ Submitter’s name/firm: ________________________ In the matter of Parcel Identification Number (PID) PID: PID: (Expand box for additional PIDs.) Note: In order to list multiple PIDs, all PIDs 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 required documents are attached: (
a) abstract of title (copy); (
b) Opinion of Title (Form 8); and (
c) Owner’s Declaration Regarding Occupation of Parcel and Residency Status (Form 5); (
d) official parcel description from parcel description data base ( the “PDCA” description).
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Part II - Regulations Vol. 29, No. 10 © NS Registry of Regulations. Web version. 267 And further take notice that (select one) 9 a signed copy of Statement of Registered and Recorded Interests (Form 29) is attached. 9 Form 29 is not submitted with this application because this [is] an application to change an unregistered tenant in common interest holder to a registered tenant in common interest holder.
And further take notice that the following additional documents are attached (check all applicable and attach): [9] Authorization to Submit Parcel Description Certifica tion Application and/or Application for Registration (Form 4) [9] Notice of Parcel Registration (Form 9) Dated at _________________________, in the County of ___________________, Province of Nova Scotia, ______________________________, 2_______. __________________________________________ Signature of authorized lawyer Name: _________________________________ Address: _________________________________ _________________________________ Phone: _________________________________ Email: _________________________________ Fax: _________________________________ Form 24 Request to Revise the Registration and Certificate of Legal Effect Land Registration Act, S.N.S. 2001, c.6, subsection 18(13) Land Registration Administration Regulations, subsections 8(1), 8(2), 14(2), 15(2) and 17(4) Registration district: ________________________ Registrant user number: _____________________ Submitter’s name/firm:______________________ In the matter of Parcel Identification Number (PID) PID: PID: (Expand box for additional PIDs.) 9 (check if appropriate) This request and Certificate of Legal Effect includes a (select one) benefit/burden that affects another parcel registered under the Land Registration Actand a separate Form 24 relating to this (select one) benefit/burden is being submitted contemporaneously herewith. 9 (check if appropriate) This request and Certificate of Legal Effect is being used to revise the registration of multiple PIDs.
The attached document is a certified copy of a document that is being submitted for registration contemporaneously herewith. 9 (check if appropriate) This request and Certificate of Legal Effect is being used to remove a judgment from the parcel register. The attached document outlines or is the basis upon which the removal of the judgment is being requested.
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Part II - Regulations Vol. 29, No. 10 268 © NS Registry of Regulations. Web version. 9 (check if appropriate) This transfer relates to a portion of the above-noted consolidated parcel. 9 (check if appropriate) This transfer of ownership also subdivides land and creates a parcel or parcels 10 hectares or greater in area. 9 (check if appropriate) This request includes the addition of a benefit by adverse possession or prescription over a parcel that has not been registered under the Land Registration Act.
An abstract of title for the benefit is attached, but no Form 8 Opinion is necessary, as per Land Registration Administration Regulations, subsection 8(2). 9 (check if appropriate) This transfer relates to a parcel to which the Co-operative Associations Act applies, and the endorsement of the Inspector of Co-operatives appears below. _________________________________________ Signature of the Inspector of Co-operatives Endorsed for revision under the Land Registration Act Take notice that the (select one) transferee/tenant in common interest holder/registered owner hereby requests a revision of the registration of the above-noted parcel(s), as set out below. (Optional) And further take notice that the attached document is signed by an attorney for a person under a power of attorney, and the power of attorney is (select one or more) 9 recorded in the attorney roll 9 recorded in the parcel register 9 incorporated in the document (Optional) And further take notice that the occupant of the parcel under an Agreement of Sale with the Nova Scotia Farm Loan Board is changed and the new name and address are as follows: __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ I hereby certify that (select one paragraph 1) 1.
The legal description of the parcel contained, or refe rred to, in the attached document is identical to the legal description contained in the parcel register for the property. -Or- 1. The legal description of the parcel contained, or referre d to, in the attached document is not identical to the legal description contained in the parcel register for the property. I undertake to the registrar to submit an amending PDCA once the revision to the registration has been effected in the parcel register. -Or- 1.
This revision relates to the registration of a tenant in common interest that has not been registered under the Land Registration Act, and accordingly the legal description contained in the parcel register for the property applies. -Or- 1. This revision is effected by a document that does not include a legal description, and accordingly the legal description contained in the parcel register for the property applies.
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Part II - Regulations Vol. 29, No. 10 © NS Registry of Regulations. Web version. 269 2.
The following registered interests are changed in the parcel’s registration ( insert N/A if not applicable): Instrument type/code Expiry date (if applicable) Interest holder and type to be removed (if applicable) Interest holder and type to be added (if applicable) Note: include qualifier (e.g. estate of, executor, trustee, personal representative) if applicable Mailing address of interest holder added (if applicable) Manner of tenure (if applicable) Description of mixture of tenants in common and joint tenancy (if applicable) Access type to be removed (if applicable) Access type to be added (if applicable) Non-resident (to eligible lawyer’s information and belief) (Yes/No?) Reference to related instrument in names-based roll/parcel register (if applicable) 3.
The following tenant in common interests not registered under the Land Registration Act are changed in the parcel’s registration (insert N/A if not applicable): Instrument type/code Expiry date (if applicable) Interest holder and type to be removed (if applicable) Interest holder and type to be added (if applicable) Note: include qualifier (e.g. estate of, executor, trustee, personal representative) if applicable Percentage of interest held Mailing address of interest holder added (if applicable) Reference to related instrument in names-based roll/parcel register (if applicable) 4.
After reviewing the judgment roll with respect to the current registered owner(
s) of the registered interest in the parcel, the following judgments are incorporated into the parcel register (if no judgments enter “Nil”):
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Part II - Regulations Vol. 29, No. 10 270 © NS Registry of Regulations. Web version. Instrument Type/Code Interest Holder Type Interest Holder/Mailing Address Names-Based Roll Reference (if applicable) 5.
The following benefits (e.g. right of way benef its) are changed in the parcel’s registration (insert N/A if not applicable): Instrument type/code Expiry date (if applicable) Interest holder and type to be removed (if applicable) Interest holder and type to be added (if applicable) Note: include qualifier (e.g. estate of, executor, trustee, personal representative) if applicable Mailing address of interest holder added (if applicable) Servient tenement parcel(s) (list all affected PIDs): Note: If the servient tenement parcel is not registered under the Land Registration Act, you must attach an abstract of title for the servient tenement parcel and a Form 8 Opinion of Title as required by the Land Registration Administration Regulations subsection 8(2).
Reference to related instrument in names-based roll/parcel register (if applicable) 6.
The following burdens (e.g. right of way in favour of another person or parcel) are changed in the parcel’s registration (insert N/A if not applicable): Instrument type/code Expiry date (if applicable) Interest holder and type to be removed (if applicable) Interest holder and type to be added (if applicable) Note: include qualifier (e.g. estate of, executor, trustee, personal representative) if applicable Mailing address of interest holder added (if applicable) Reference to related instrument in names-based roll/parcel register (if applicable) 7.
The following recorded interests are ch anged in the parcel’s registration (insert N/A if not applicable): Instrument type/code Expiry date (if applicable)
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Part II - Regulations Vol. 29, No. 10 © NS Registry of Regulations. Web version. 271 Interest holder and type to be removed (if applicable) Interest holder and type to be added (if applicable) Note: include qualifier (e.g. estate of, executor, trustee, personal representative) if applicable Mailing address of interest holder added (if applicable) Reference to related instrument in names-based roll/parcel register (if applicable) 8.
I request that the following textual qualifications on title in the above-noted parcel be changed (insert N/A if not applicable): Textual qualification on title to be removed (insert any existing textual qualification being changed, added to or altered in anyway) Expiry date of textual qualification on title (if applicable) Textual qualification on title to be added (insert replacement textual description) Instrument type: 838 (to be used if there is no document attached; insert N/A if an enabling instrument is attached) 9.
The following is the reason for the requested revision to the textual qualifications on title (for use when no document is attached): _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ 10. It is appropriate to revise the parcel registrati on for the indicated PIDs as certified in this request.
Certified at __________________, in the County of ___________, Province of Nova Scotia, ______________, 2 ______. __________________________________________ Signature of eligible lawyer Name: _________________________________ Address: _________________________________ _________________________________ Phone: _________________________________ Email: _________________________________ Fax: _________________________________ 9 This document also affects non-land registration parcels.
The original will be registered under the Registry Act and a certified true copy for recording under the Land Registration Act is attached.
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Part II - Regulations Vol. 29, No. 10 272 © NS Registry of Regulations. Web version. Form 24E Request to Revise the Registered Interests Land Registration Act, S.N.S. 2001, c. 6, subsection 18(13) Registration district ___________________________ User reference _____________________ Registrant user number ___________________________ Submitter’s name _____________________ In the matter of the Parcel Identification Number(s) (PIDs): _____________ Take notice that the transferee hereby requests a revision of the registration of the above noted parcel(
s) as set out below: 1. The following registered interests are changed in the parcel’s registration: Instrument type Deed Interest holder and type to be added Mailing address of interest holder added Non-res of NS? ù No Manner of tenure Description of mixture of tenants in common and joint tenancy ù 2. PID: Interest holder and type to be removed Access type to be removed Access type to be added 3.
The following benefits are change d in the parcel’s registration: Interest type Deed Interest holder and type to be added Document registration/ Yes ‘ No ‘ recording fee exempt The document registration/recording fee can only [be] exempted if you are submitting this document on behalf of a Government of Nova Scotia department or agency that is exempt. Document registration/recording fee: $ Deed transfer tax: $ Total: $
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Part II - Regulations Vol. 29, No. 10 © NS Registry of Regulations. Web version. 273 I certify that: • an electronic copy of the document upon which this submi ssion is based is attached to this request and the original document is being retained in accordance with the Land Registration Administration Regulations; and • this electronic submission is a true and accurate
summary of the legal effect of the original document and it is appropriate to revise the registered interest, or to record or cancel the recorded interest, as noted on this electronic submission.
Digitally signed by: Form 25 Direction to Revise Registration Land Registration Act, S.N.S. 2001, c. 6, Sections 29-32 Land Registration Administration Regulations, subsections 14(3) and 14(4) Registration district: ________________________ Registrant user number: _____________________ Submitter’s name/firm: ______________________ In the matter of Parcel Identification Number (PID) PID: (Expand box for additional PIDs.) 9 (check if appropriate) This direction and Certificate of Legal Effect includes a (select one) benefit/burden that affects another parcel registered under the Land Registration Act and a separate Form 25 relating to this (select one) benefit/burden is being submitted contemporaneously herewith.
Take notice that the attached document directs the registrar to revise the registration of the above-noted parcel(s) (select one) 9 expropriation (LRA s. 29) 9 receiving order or assignment in bankruptcy (LRA s. 30) 9 tax deed (LRA s. 31) 9 judgment or order of a court (LRA s. 32(1)(a)) 9 enactment of Canada or the Province or an order in council (LRA s. 32(1)(b)) 9 order, judgment or certificate issued under the Land Titles Clarification Act or the Quieting Titles Act (LRA s. 32(1)(d)) 9 other instrument or proceeding (including the purchase of the land by a person at a judicial sale from someone other than the registered owner) (LRA s. 32(1)(c)&(e)) (Optional) And further take notice that the occupant of the parcel under an Agreement of Sale with the Nova Scotia Farm Loan Board is changed and the new name and address are as follows: _____________________________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________
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Part II - Regulations Vol. 29, No. 10 274 © NS Registry of Regulations. Web version. I hereby certify that (select one paragraph 1) 1. The legal description of the parcel contained, or referre d to, in the attached document is identical to the legal description contained in the parcel register for the property. -Or- 1. The legal description of the parcel contained, or referre d to, in the attached document is not identical to the legal description contained in the parcel register for the property, and I will submit an amending PDCA contemporaneously with this Direction to Revise the Registration. -Or- 1.
This revision is effected by a document that does not include a legal description, and accordingly the legal description contained in the parcel register for the property applies. 2.
The following registered interests are changed in the parcel’s registration ( insert N/A if not applicable): Instrument type/code Expiry date (if applicable) Interest holder and type to be removed (if applicable) Interest holder and type to be added (if applicable) Note: include qualifier (e.g. estate of, executor, trustee, personal representative) if applicable Mailing address of interest holder added (if applicable) Manner of tenure (if applicable) Description of mixture of tenants in common and joint tenancy (if applicable) Access type to be removed (if applicable) Access type to be added (if applicable) Non-resident (to eligible lawyer’s information and belief) (Yes/No?) Reference to related instrument in names-based roll/parcel register (if applicable) 3.
The following tenant in common interests not registered under the Land Registration Act are changed in the parcel’s registration (insert N/A if not applicable): Instrument type/code Expiry date (if applicable) Interest holder and type to be removed (if applicable)
N.S. Reg. 99/2005 Royal Gazette
Part II - Regulations Vol. 29, No. 10 © NS Registry of Regulations. Web version. 275 Interest holder and type to be added (if applicable) Note: include qualifier (e.g. estate of, executor, trustee, personal representative) if applicable Percentage of interest held Mailing address of interest holder added (if applicable) Reference to related instrument in names-based roll/parcel register (if applicable) 4. After reviewing the judgment roll with respect to the cu rrent registered owner(
s) of the registered interest in the parcel, the following judgments are incorporated into the parcel register (if no judgments enter “Nil”): Instrument Type/Code Interest Holder Type Interest Holder/Mailing Address Names-Based Roll Reference (if applicable) 5.
The following benefits (e.g. right of way benef its) are changed in the parcel’s registration (insert N/A if not applicable): Instrument type/code Expiry date (if applicable) Interest holder and type to be removed (if applicable) Interest holder and type to be added (if applicable) Note: include qualifier (e.g. estate of, executor, trustee, personal representative) if applicable Mailing address of interest holder added (if applicable) Servient tenement parcel(s): (List all affected PIDs) Note: If the servient tenement parcel is not registered under the Land Registration Act, you must attach an abstract of title for the servient tenement parcel and a Form 8 Opinion of Title as required by the Land Registration Administration Regulations subsection 8(2).
Reference to related instrument in names-based roll/parcel register (if applicable) 6. The following burdens (e.g. right of way in favour of another person or parcel) are changed in the parcel’s registration (insert N/A if not applicable): Instrument type/code Expiry date (if applicable) Interest holder and type to be removed (if applicable)
N.S. Reg. 99/2005 Royal Gazette
Part II - Regulations Vol. 29, No. 10 276 © NS Registry of Regulations. Web version. Interest holder and type to be added (if applicable) Note: include qualifier (e.g. estate of, executor, trustee, personal representative) if applicable Mailing address of interest holder added (if applicable) Reference to related instrument in names-based roll/parcel register (if applicable) 7.
The following recorded interests are ch anged in the parcel’s registration (insert N/A if not applicable): Instrument type/code Expiry date (if applicable) Interest holder and type to be removed (if applicable) Interest holder and type to be added (if applicable) Note: include qualifier (e.g. estate of, executor, trustee, personal representative) if applicable Mailing address of interest holder added (if applicable) Reference to related instrument in names-based roll/parcel register (if applicable) 8.
I request that the following textual qualifications on title in the above-noted parcel be changed (insert N/A if not applicable): Textual qualification on title to be removed (insert any existing textual description being changed, added to or altered in anyway) Expiry date of textual qualification on title (if applicable) Textual qualification on title to be added (insert replacement textual description) Instrument type: 838 (to be used if there is no document attached; insert N/A if a document is attached) 9.
The following is the reason for the requested revision to the textual qualifications on title (for use when no document is attached): ________________________________________________________________________________________ ________________________________________________________________________________________ ________________________________________________________________________________________ 10. It is appropriate to revise the parcel registration for the indicated PIDs as certified in this direction.
N.S. Reg. 99/2005 Royal Gazette
Part II - Regulations Vol. 29, No. 10 © NS Registry of Regulations. Web version. 277 Certified at __________________, in the County of ___________, Province of Nova Scotia, __________________________________, 2 ______. __________________________________________ Signature of eligible lawyer Name: _________________________________ Address: _________________________________ _________________________________ Phone: _________________________________ Email: _________________________________ Fax: _________________________________ 9 This document also affects non-land registration parcels.
The original will be registered under the Registry Act and a certified true copy for recording under the Land Registration Act is attached. Form 26 Request to Record an Interest Land Registration Act, S.N.S. 2001, c. 6,
Section 47 Registration district: _____________________ Registrant user number: __________________ Submitter’s name/firm: ___________________ In the matter of Parcel Identification Number (PID) PID: PID: (Expand box for additional PIDs.) Take notice that the undersigned hereby requests that the registrar record the attached document in the above parcel register(
s) as specified (select one only): 9 parcel register as a recorded interest 9 parcel register as a tenant in common interest not registered under the Land Registration Act (for use with not for value transfer of unregistered tenant in common interest) -Or- In the matter of the recording of a judgment-related document (e.g. assumption, postponement or amendment) in the judgment roll: Take notice that the undersigned hereby requests that the registrar record the attached document in the judgment roll. -Or- In the matter of a general power of attorney that was recorded under the Registry Act and needs to be duplicated in the power of attorney roll or the recording of a general power of attorney in the attorney roll:
N.S. Reg. 99/2005 Royal Gazette
Part II - Regulations Vol. 29, No. 10 278 © NS Registry of Regulations. Web version.
Take notice that the undersigned hereby requests that the registrar record the attached document in the power of attorney roll. 9 (check if appropriate) This request to record an interest relates to a parcel to which the Co-operative Associations Act applies, and the endorsement of the Inspector of Co-operatives appears below. _________________________________________ Signature of the Inspector of Co-operatives Endorsed for recording under the Land Registration Act And further take notice that the following information relates to the interest being added/duplicated (select one): Instrument type/code Expiry date (if applicable) Interest holder and type to be added (if applicable) Note: include qualifier (e.g. estate of, executor, trustee, personal representative) if applicable Mailing address of interest holder added (if applicable) (includes judgment creditor or grantee of power of attorney) Name and mailing address of judgment debtor or power of attorney grantor/donor to be added (if applicable) Name and mailing address of judgment creditor or power of attorney grantee/donee (if applicable) Reference to related instrument in names-based roll/parcel register (if applicable) (for power of attorney to be duplicated, insert document/instrument number/year; include book/page if applicable) (Optional) And further take notice that the attached document is signed by an attorney for a person under a power of attorney, and the power of attorney is (select one or more) 9 recorded in the attorney roll. 9 recorded in the parcel register. 9 incorporated in the document.
Dated at _________________________, in the County of ___________________, Province of Nova Scotia, _______________________________, 2_______. __________________________________________ Signature of interest holder/agent Name: _________________________________ Address: _________________________________ _________________________________ Phone: _________________________________ Email: _________________________________ Fax: _________________________________
N.S. Reg. 99/2005 Royal Gazette
Part II - Regulations Vol. 29, No. 10 © NS Registry of Regulations. Web version. 279 9 This document also affects non-land registration parcels. The original will be registered under the Registry Act and a certified true copy for recording under the Land Registration Act is attached. Form 26E Confirmation of Mortgage Particulars Land Registration Act, S.N.S. 2001, c. 6, subsection 18(13) Registration district User reference Registrant user number Submitter’s name In the matter of the Parcel Identification Number(s) (PIDs): _____________ Take notice that the transferee hereby requests that the registrar record this mortgage as a recorded interest in the above-noted parcel(
s) in the Parcel Register. And further take notice that the following information relates to the interest being added/duplicated: Instrument type Mortgage Mortgage reference # (if known) Interest holder and type to be added Mailing address of interest holder Document registration/ Yes ‘ No ‘ recording fee exempt The document registration/recording fee can only [be] exempted if you are submitting this document on behalf of a Government of Nova Scotia department or agency that is exempt. Document registration/recording fee: $ I certify that: • an electronic copy of the document upon which this submi ssion is based is atta