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 © 2015, 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.
Small Claims Court Residential Tenancies Appeal Regulations
made under Section 33 of the
Small Claims Court Act
R.S.N.S. 1989, c. 430
O.I.C. 2003-29 (January 31, 2003, effective February 1, 2003), N.S. Reg. 18/2003
as amended to O.I.C. 2015-96 (March 31, 2015, effective April 1, 2015), N.S. Reg. 157/2015
1 These regulations may be cited as the Small Claims Court Residential Tenancies Appeal Regulations.
2 A Notice of Appeal from an order of the Director of Residential Tenancies must be in Form A.
3 A Order for the Sheriff to deliver possession of property must be in Form B.
4 (1) The fee for filing a Notice of Appeal from an order of the Director of Residential Tenancies is
(a) $33.00 if the claim is in an amount less than $2000.00 or for any other remedy not otherwise specified in this Section;
Clause 4(1)(a) amended: O.I.C. 2015-96, N.S. Reg. 157/2015.
(b) $99.70 if the claim is in an amount not less than $2000.00 and not more than $4999.00 or for vacant possession;
Clause 4(1)(b) amended: O.I.C. 2015-96, N.S. Reg. 157/2015.
(c) $199.35 if the claim is in an amount not less than $5000.00 or is in relation to an application pursuant to Section 11A of the Residential Tenancies Act.
Clause 4(1)(c) amended: O.I.C. 2015-96, N.S. Reg. 157/2015.
Section 4 renumbered 4(1) and amended: O.I.C. 2004-180, N.S. Reg. 144/2004.
(2) Despite subsection (1), the clerk of the court must waive the appellant’s fee for filing a Notice of Appeal if the appellant meets the financial eligibility criteria set out in subsection (3) and completes and files with the clerk an application in Form C together with
(a) proof of the appellant’s income in the form of a current pay or income assistance or benefit stub, or a copy of the appellant’s most recent income tax return or most recent notice of assessment; or
(b) if the appellant is in receipt of no income, a letter signed by their medical doctor, priest or other official confirming that the appellant is in receipt of no income and is not surviving from any savings.
Subsection 4(2) added: O.I.C. 2004-180, N.S. Reg. 144/2004.
(3) An appellant meets the financial eligibility criteria required to have the filing fee waived under subsection (2) if the appellant’s monthly income is less than or equal to the amount that corresponds to the number of the appellant’s dependants as set out in the following table:
Maximum Monthly Income per Number of Dependants
One adult
-
$1067.00
Two adults
-
$1424.00
and 1 child
-
$1416.00
and 1 child
-
$1708.00
and 2 children
-
$1700.00
and 2 children
-
$1932.00
and 3 children
-
$1924.00
and 3 children
-
$2156.00
and 4 children
-
$2148.00
and 4 children
-
$2380.00
and 5 children
-
$2372.00
and 5 children
-
$2604.00
Subsection 4(3) added: O.I.C. 2004-180, N.S. Reg. 144/2004.
(4) If an appellant’s filing fee is waived under subsection (2), the following items and services must be made available to the appellant free of charge:
(a) a maximum of 25 photocopies;
(b) a maximum of 3 court searches; and
(c) the administration of oaths for an affidavit of service relating to the appeal.
Subsection 4(4) added: O.I.C. 2004-180, N.S. Reg. 144/2004.
5 Sections 6 to 9, 13 to 16 and 18 to 24 of the regulations respecting Small Claims Court forms and procedures, and Form 7(c) as prescribed by Section 17 of those regulations, apply with the necessary changes in detail to an appeal from an order of the Director of Residential Tenancies.
Form A
(Section 2 of the Small Claims Court Residential Tenancies Appeal Regulations)
For Court Use Only
Claim No.________
Notice of Appeal
From an Order of the Director of Residential Tenancies
Appellant(s): Landlord ☐ Tenant ☐
Name Will this matter take
Address longer than 2 hours?
Postal code _________________ Phone □ Yes □ No
Respondent(s): Landlord ☐ Tenant ☐
Name
Address
Postal code __________________ Phone
I, the Appellant, appeal the Order of the Director dated _______________________, 20 _____ . My reason for this appeal is
(If you need more space, attach another sheet of paper)
______________________________
Date Appellant(s)
To be filled in by the Clerk of the Small Claims Court:
Appellant, serve this appeal on both the Respondent(s) and the Director within ____days of
____________________, 20______.
Date of hearing: ______________________, 20____
Time of hearing: _________ pm
Place of hearing: _____________________________ _____________________________
Clerk of the Small Claims Court
Appellant: Personally serve a copy of the Notice of Appeal on both the Respondent and
the Director of Residential Tenancies.
Appellant/Respondent: An appeal from a Residential Tenancies Director’s Order is a brand-
new hearing. You must present all arguments and evidence at this appeal hearing. Include any new evidence that was not presented at the original Residential Tenancy hearing.
Respondent: If you do not attend the hearing the Adjudicator may issue an order in your
absence.
Notice of Appeal From an Order of the Director
of Residential Tenancies Claim # ___________
County: ___________
Between:
Appellant: ______________________________________
and
Respondent: ______________________________________
Affidavit of Service to Respondent
I swear that I served the Respondent at the following time and place by leaving a copy of the Notice of Appeal with them personally:
Date: _____ day of _______________, 20______
Time: _____________ in the ☐ am ☐ pm
Name of Respondent:
Place of delivery:
Residential Tenancies case number:
Date Notice of Appeal issued by Small Claims Court: ___________________, 20_____
Sworn by: Sworn before: ____________________
Address: Date: _________________, 20_______
Nova Scotia ________________________________
A Commissioner of the Supreme Court of Nova Scotia, Clerk of the Small Claims Court
Notice of Appeal From an Order of the Director Claim # ___________
of Residential Tenancies County: ___________
Between:
Appellant: ______________________________________
and
Respondent: ______________________________________
Affidavit of Service to Director
I swear that I served the Director at the following time and place by leaving a copy of the Notice of Appeal:
Date: _______________, 20______
Time: _____________ in the ☐am ☐ pm
Place of delivery:
Residential Tenancies case number:
Date Notice of Appeal issued by Small Claims Court: ______________________, 20
Sworn by: Sworn before:
Address: Date: ______________________, 20
Nova Scotia
A Commissioner of the Supreme Court of Nova Scotia, Clerk of the Small Claims Court
Form B
(Section 3 of the Small Claims Court Residential Tenancies Appeal Regulations)
20_____ Claim # __________
In the Small Claims Court of Nova Scotia
Between:
Applicant/Landlord: _____________________________________
and
Respondent: _____________________________________
Order For Sheriff to Deliver Possession of Property
Before the Clerk of the Small Claims Court
By Order of the Director of Residential Tenancies, copy attached, the Applicant shall recover possession of the premises from the Respondent.
The Small Claims Court authorizes the Sheriff for the County of ________________________ to enter upon the lands of the Applicant and to cause the Applicant/Landlord or its nominees to have possession of the property described below and thereupon the Sheriff must file a report with the Court describing what was done to comply with the Order.
Date of Order of Director: , 20
Name of Applicant:
Name of Respondent:
Description of the premises:
Address of the premises:
Current occupant:
County:
Granted and issued at Halifax, Nova Scotia, this ______ day of _________________, 20_____.
Clerk of the Small Claims Court
Form C
Application for Waiver of Fee for Filing Notice of Appeal
Please print in BLOCK LETTERS:
Last name:
Mailing address: ____________________________ Apt #
City or town/province: Postal code
Telephones: Home: _________ Work ___________ Msg
Given names:
Date of birth:
(mm/dd/yr)
Age:
☐ Male
☐ Female
☐ Employed
☐ Unemployed
☐ Unable to work
☐ Student/training
☐ Not married ☐ Married
☐ Common law ☐ Separated
☐ Divorced ☐ Widowed
I APPLY TO HAVE THE FOLLOWING FEE FOR NOTICE OF APPEAL WAIVED:
HUSBAND OR WIFE (INCLUDING COMMON LAW)
Name:
Address:
Telephone:
DEPENDANTS (SPOUSE, CHILD, OTHER PERSON SUPPORTED BY APPLICANT):
Total ____ Living with client ____ Living apart ____
Name Relationship Birth date (mm/dd/yr)
1.
2.
3.
4.
5.
6.
Do you receive social or other municipal assistance
☐ Yes ☐ No
Person who can verifyName:
financial informationAddress: Telephone:
GROSS MONTHLY INCOME
Salary (wages + tips)
Unemployment ins.
Social assistance
Old age assistance
Pension
Spouse’s income
(including common law)
Maintenance received
Specify other income
Gross monthly income
Less maintenance
you pay per month
Monthly income
IMPORTANT:
This application will not be processed unless you attach one of the following supporting documents:
• a copy of your current pay stub
• a copy of your current income assistance or benefit stub
• a copy of your most recent income tax return or notice of assessment
• a letter from a doctor, priest or other official stating that you have no income
Applicant declares:
I state that the above information is true and complete. I consent to have this information investigated for verification and will notify court administration of any change.
Signature of the applicant
Date
☐ Approved ☐ Denied
By:
Date:
Form C added: O.I.C. 2004-180, N.S. Reg. 144/2004.