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
2 (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
3 (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
The following regulations are not yet in force and are
not included in the current consolidation: