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Part II .

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Designation of Eligible Bodies Regulations

made under

Section 16 of the

Conservation Easements Act

S.N.S. 2001, c. 28

O.I.C. 2002-32 (effective January 18, 2002), N.S. Reg. 12/2002

amended to O.I.C. 2024-87 (effective February 27, 2024), N.S. Reg. 58/2024

Table of Contents

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

Click here to go to the text of the regulations .

Citation

Definitions

Application

Recommendation for designation

Revocation of designation

Schedule “A” List of Organizations Designated as Eligible Bodies under the

Conservation Easements Act

Citation

1 These regulations may be cited as the Designation of Eligible Bodies Regulations .

Definitions

(1) In these regulations

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

(b) “designated” means, with respect to an organization, designated as an eligible

body in accordance with clause 16(1)(

b) of the Act;

(c) “Minister” means the Minister of Natural Resources.

(2) For the purposes of clause 7(

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

a Nova Scotia Land Surveyor.

Application

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

(2) An application made pursuant to subsection (1) must include

(

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

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

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

(

b) proof of current registration and good standing issued by the Registrar of Joint

Stock Companies or equivalent authority in the jurisdiction in which the

organization was incorporated or registered;

(

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

address of a person residing within the Province to whom any

communications and notices may be sent;

(

d) a copy of the objects and by-laws of the organization confirming that

(

i) the objects are

(

A) directed to purposes that are beneficial to the public, and

(

B) consistent with the purposes of a conservation easement as

provided for in the Act, and

(ii) upon the dissolution, surrender or winding-up of the organization, or

upon the revocation of its designation, the organization will make all

reasonable efforts to have any easement or covenant acquired by the

organization pursuant to the Act assigned to the Minister or another

eligible body; and

(

e) a fee in the amount of $25.00.

Recommendation for designation

4 If the Minister is satisfied that an organization that applies pursuant to

Section 3 has

complied with these regulations, the Minister may approve the application and

recommend to the Governor in Council that the organization be designated and that its

name be added to

Schedule “A”.

Revocation of designation

5 A designation may be revoked and the organization’s name removed from

Schedule “A”

if the designated organization

(

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

clause 3(2)(a);

(

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

criteria set out in clause 3(2)(b);

(

c) amends its objects so that they are no longer directed to purposes that are

beneficial to the public or are no longer consistent with the purposes of a

conservation easement as provided for in the Act; or

(

d) contravenes the Act or these regulations.

Schedule “A”

List of Organizations Designated as Eligible Bodies

under the Conservation Easements Act

American Friends of Canadian Land Trusts

Archaeological Land Trust of Nova Scotia Society

Ecology Action Centre

Nova Scotia Nature Trust (originally designated by Order in Council 95-160)

Nature Conservancy of Canada (originally designated by Order in Council 95-91)

Bras d’Or Preservation Foundation (originally designated by Order in Council 93-944)

Ducks Unlimited Canada (originally designated by Order in Council 94-998)

Federation of Nova Scotia Naturalists (originally designated by Order in Council 95-451)

Kingsburg Coastal Conservancy Association (originally designated by Order in

Council 97-235)

Blomidon Naturalists Society (originally designated by Order in Council 97-235)

Shubenacadie Canal Commission (originally designated by Order in Council 2000-146)

Sespite’tmnej Kmitkinu Conservancy

LaHave Coastal Conservation Association

Legislative History

Reference Tables

Designation of Eligible Bodies Regulations

N.S. Reg.

12/2002

Conservation Easements Act

Note: The

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

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

Source Law

The current consolidation of the Designation of Eligible Bodies Regulations made

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

N.S.

Regulation

In force

date*

How in force

Royal Gazette

Part II Issue

12/2002

Jan 18, 2002

date specified

Feb 22, 2002

177/2006

Sep 7,

date

specified

Sep

29, 2006

435/2007

Nov

13, 2007

date

specified

Dec 7,

48/2009

Feb

25, 2009

date

specified

Mar

13, 2009

75/2014

May

27, 2014

date

specified

Jun

13, 2014

206/2022

Aug

30, 2022

date specified

Sep 9,

58/2024

Feb

27, 2024

date

specified

Mar 8,

The following regulations are not yet in force and are

not included in the current consolidation:

N.S.

Regulation

In force

date*

How in force

Royal Gazette

Part II Issue

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

rules about in force dates of regulations.

Amendments by Provision

ad. = added

am. = amended

fc. = fee change

ra. = reassigned

rep. = repealed

rs . = repealed and substituted

Provision affected

How affected

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

ra. as 2(1) 75/2014

2(1) ..............................................

ra. from 2 75/2014

2(2) ..............................................

ad. 75/2014

Schedule “A” ....................................

am. 177/2006, 435/2007, 48/2009, 206/2022, 58/2024

Note that changes to headings are not

included in the above table.

Editorial Notes and Corrections:

Note

Effective

date

The reference to the Minister of Natural Resources in

clause 2(1)(

c) should be read as a reference to the Minister of Lands and

Forestry in accordance with O.I.C. 2018-188 under the Public Service Act , R.S.N.S. 1989, c. 376.

Jul 5, 2018

The reference to the Minister of Natural Resources in

clause 2(1)(

c) should be read as a reference to the Minister of Natural Resources and Renewables in

accordance with O.I.C. 2021-210 under the Public

Service Act , R.S.N.S. 1989, c. 376.

Aug 31, 2021

Repealed and Superseded:

N.S.

Regulation

Title

In force

date

Repealed

date

86/1993

Conservation

Organizations and Natural Areas Designation Regulations

Jun

10, 1993

Jan

18, 2002

Note: Only

regulations that are specifically repealed and replaced appear in this

table. It may not reflect the entire

history of regulations on this subject matter.