This consolidation is unofficial and is for reference only.  For the official version of the regulations, consult the original documents on file with the Registry of Regulations, or refer to the Royal Gazette Part II.
Regulations are amended frequently.  Please check the list of Regulations by Act to see if there are any recent amendments to these regulations filed with the Registry that are not yet included in this consolidation.
Although every effort has been made to ensure the accuracy of this electronic version, the Registry of Regulations assumes no responsibility for any discrepancies that may have resulted from reformatting.
This electronic version is copyright © 2009, Province of Nova Scotia, all rights reserved.  It is for your personal use and may not be copied for the purposes of resale in this or any other form.



Document Submission Regulations

made under Section 48 of the

Registry Act

R.S.N.S. 1989, c. 392

N.S. Reg. 185/2007 (March 23, 2007, effective April 3, 2007)


Citation

1     These regulations may be cited as the Document Submission Regulations.


Definitions                                                       

2     In these regulations,

 

                (a)    “Act” means the Registry Act;

 

                (b)    “document” means writing, a plan, a map or any information in a form that can be converted into writing, a plan or a map by a machine or a device, and includes information

 

                         (i)     on microfilm,

 

                         (ii)    in electronic, mechanical or magnetic storage, or

 

                         (iii)   in electronic data signals;


Document submission requirements

3     Every document submitted under the Act for filing or recording must be submitted together with the form prescribed for that purpose in Section 4, with all required fields completed.


Prescribed forms

4     The following forms are prescribed to be used on submission of documents under the Act for the following purposes:

 

                (a)    Form 44, to register documents that do not trigger parcel registration under the Land Registration Act;

 

                (b)    Form 44A, to register documents that are permitted to be registered under the transitional provisions of the Land Registration General Regulations;

 

                (c)    Form 44B, to register documents under a conversion agreement as permitted in Section 46A of the Land Registration Act;and

 

                (d)    Form 44E, to electronically submit documents that do not trigger parcel registration under the Land Registration Act;




Form 44

Request to the Registrar of Deeds to Register a Document


Registration district: _____________________________

Submitter’s name: ___________________________


Take notice that the attached document relates to a parcel that is not registered under the Land Registration Act, and the document may be accepted for registration under the Registry Act because it is (select one only)

 

      not a transfer for valuable consideration

      not a mortgage or security interest as defined in the Land Registration Administration Regulations.

      a transfer of a parcel between persons married to one another

      a transfer of a parcel between persons formerly married to one another, if the transfer is for the purpose of division of matrimonial assets.

      transfer of a parcel between persons who are parties to a registered domestic partnership agreement.

      a transfer of a parcel acquired by Her Majesty in right of the Province or a municipality for the purpose of road widening, alignment or movement.

      a deed to a predecessor in title being registered in order to feed the estoppel or clarify title.

      a transfer of an unregistered piece of land that is being created as a parcel under the subdivision provisions of Part IX of the Municipal Government Act solely for purposes of consolidation with an abutting unregistered parcel.

      a transfer of a parcel from the Nova Scotia Farm Loan Board to a borrower under the Agriculture and Rural Credit Act.

      any other instrument not mentioned above that is not required to be registered or recorded under the Land Registration Act


I hereby request that this document be registered under the Registry Act.


Dated at _________________________, in the County of ___________________, Province of Nova Scotia, __________________________________, 2_______.

 

_______________________________

                                                                                                       Signature of submitter

 

Name:______________________

Address:______________________

                                                                                                       ______________________

                                                                                       Phone:     ______________________

                                                                                       E-mail:    ______________________

Fax:______________________



Form 44A

Transitional Exemptions to Land Registration

Land Registration General Regulations, Section 8


Registration district: ______________________________

Submitte’s user number: ___________________________

Submitter’s name: ___________________________

Grantor/declarant/developer re: attached document: __________________________


In the matter of Section 8 of the Land Registration General Regulations;


And in the matter of a non-family subdivision resulting in 3 or more parcels, if the plan of subdivision was submitted to the municipality for final approval before the coming into force of the Act in this registration district:


Take notice that the above-noted subdivision was submitted for final approval on ___________, 2____, which was before the coming into force of the Act in this registration district.


Dated at ________________, in the County of ___________________, Province of Nova Scotia, _____________________, 2_______.


                                                                                       _______________________________

Signature of submitter

 

Name:______________________

Address:______________________

                                                                                                       ______________________

Phone:______________________

E-mail:______________________

Fax:______________________



Form 44B

Section 46A Land Registration Act

Certificate of the Registrar General


Registration district: _______________________


In the matter of an agreement under Section 46A of the Land Registration Act that was entered into between _____________________________ and the Minister of Service Nova Scotia and Municipal Relations and executed on _______________________, 2____:


I hereby certify that the attached instrument may be registered under the Registry Act in accordance with the terms of the agreement.


Dated at ____________________, in the County of ______________________ Nova Scotia, ___________________, 2_______.


                                                                         ___________________________

Signature of Registrar General




Form 44E

Request to the Registrar of Deeds to Register a Document

Registry Act, R.S.N.S. 1989, c. 392, Sections 47 and 48


Registration District:                                        User Reference:


Submitter’s Name;


IN THE MATTER OF Section 37 or 46 of the Land Registration Act:


TAKE NOTICE THAT the attached document relates to a parcel that is not registered under the Land Registration Act, and the document may be accepted for registration under the Registry Act because it is:

 

not a transfer of an equitable or legal title of a fee simple estate, life estate or remainder interest that the affidavit filed pursuant to the Municipal Government Act discloses is made for a sale price or for value as referred to in clause 46(1)(a) of the Land Registration Act.

 

1.    The following Grantee(s) (new owners) have been requested to be added to the Grantor/Grantee Index:


Instrument Type:

Deed

Grantee(s) requested to be Added:

 

Mailing Address of Grantee:

 

 

2.    The following Grantor(s) (previous owners) have been requested to be added to the Grantor/Grantee Index:


Apparent PID (if applicable):

 

Grantor requested to be added:

 


Document Registration/Recording Fee Exempt?:


I certify that:

 

      An electronic copy of the duly executed original instrument is attached to this request in accordance with the Land Registration Administration Regulations.


                                                                         Digitally signed by

 


NOTE: Standard indexing rules or naming conventions will be applied to this document during the document indexing process. As a result, the names of the grantor(s) and grantee(s) as they appear in the Grantor-Grantee Index may not be identical to the names as they appear in this submission.