Condominium Regulations

made under Sections 33 and 46 of the

Condominium Act

R.S.N.S. 1989, c. 85

O.I.C. 71-1173 (effective November 23, 1971), N.S. Reg. 60/1971

amended to O.I.C. 2024-289 (effective August 30, 2024), N.S. Reg. 150/2024

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.

[Definitions]

Prescribed forms

Part A - Documents filed with Report on Title

Surveys and Plans

Part B - General

Monumentation

Standards of survey for level 1

Standards for level 1 plans

Standards for plans other than level 1

Architectural/structural plans

Part C - Duties of Registrars of Deeds

Part D - Duties of the Registrar of Joint Stock Companies

Part E - Duties of Registrar of Condominiums

Part F - The Municipal Government Act and the Halifax Regional Municipality Charter

Part G - General

Part H - Occupancy Fees

Part I - Agreements of Purchase and Sale

Part J - Phased-Development Property

Part K - Reserve-fund Studies

General

Reserve-fund study requirements

Comprehensive reserve-fund study

Reserve-fund status certificate

Part L - Dispute Resolution Processes

Mediation and arbitration under Section 33A of the Act

Applying for hearing under Section 33 of the Act

Hearings conducted under Section 33 of the Act

Condominium appeals officers

Appealing a condominium dispute officer’s order

Appeals conducted under Section 33 of the Act

Service requirements for disputes and appeals under Section 33 of the Act

Landlord and tenant complaint resolution process under Sections 44C and 44D of the Act

Part M - Penalties

Schedule “A” - Registration Districts

Schedule “B” Fees

Fees payable to Registrar of Condominiums

Fees payable at land registration office

Fees payable to Registrar of Joint Stock Companies

Schedule “C”

Form 1: Lawyer’s Certificate to accompany Report on Title

Form 2: Surveyor’s Certificate Report on Title

Form 3: Notice to Registrar of Initial Board of Directors

Form 4: Surveyor’s Certificate for Use on All Plans

Form 5: Surveyor’s Certificate for Use When Unit is Defined by Reference to Building

Form 6: Certificate of Owners

Form 7: Notice of Expropriation

Form 8: Dedication by the Board of Additional Land to Common Elements

Form 9: Appointment of Agent for Condominium Corporation

Form 10: Notice of Termination of Condominium Corporation

Form 11: Notice of Termination under Section 41 of the Act

Form 12: Partial Discharge of Judgment

Form 13: Notice of Condominium Corporation Lien

Form 14: Discharge of Condominium Corporation Lien

Form 15: Certificate of Corporation about Corporation By-laws

Form 15A: Declarant’s Certificate about Corporation By-laws

Form 16: Certificate about Owners’ Consent to Consolidation of Units

Form 17: Certificate of Consolidation

Form 18: Consent to Amalgamate Condominium Corporations

Form 19: Registrar’s Notice For Documentation

Form 20: Certificate of Architect

Form 21: Certificate of Engineer

Form 22: Consent to Amend Description

Form 23: Notice of Intention to Submit Dispute to Arbitration

Form 24: Notice of Decision Not to Proceed with Subsequent Phases

Form 25: Notice of Breach of Condominium Corporation’s Declaration,

By-laws, or Common-Element Rules

Form 26: Application to Condominium Dispute Officer to Hear Dispute

Between Condominium Corporation and Unit Owner

Form 27:
Notice of Appeal of Decision of Condominium Dispute Officer

Form 28: Notice of Proposed Condominium Rule Change by Board of Directors

[Definitions]

1 (1) Terms defined in the Act have the same meaning in these regulations.

(2) In these regulations

(a) “condominium appeals officer” means a person appointed under subsection 82C(1) to hear an appeal of a decision of a condominium dispute officer under Section 33 of the Act and Sections 82C and 82D;

(aa) “condominium dispute officer” means a person appointed in subsection 82A(1) to hear disputes between a condominium corporation and a unit owner under Section 33 of the Act and Sections 82A and 82B;

(b) “condominium property” means property as defined in Section 3(1)(s) of the Act, to which the Act applies;

(d) “diagram” means a compiled plan substantially depicting the extent and location of units;

(da) “lawyer” means a lawyer as defined in the Legal Profession Act who holds an annual certificate which is in force;

(e) “Level 1” means the plan delineating the surface of the ground or the projection thereof and showing the relationship of the structures to the boundaries of the lot or lots comprising the property;

(f) “lot” means any area of land delineated by a survey or described in a conveyance and includes a lot approved in accordance with the Municipal Government Act or shown on a plan filed at a land registration office;

(g) “monument” means a bar, post, stake, or any other object, thing or device used to mark or witness a boundary of surveyed lands;

(h) “open traverse” means an unclosed traverse in the form of a branch emanating from a main traverse or triangulation;

(i) “phase” means the additional units and common elements in a phased-development property that are created in accordance with these regulations upon the registration of an amendment to both the declaration and description;

(j) “structural plan” for the purpose of clause (b) of subsection (1) of Section 12 of the Act means a copy of the structural drawing proposed for the project, mechanically reproduced on such material as the Registrar approves.

Prescribed forms

2 The forms listed in the following table and as attached to these regulations in Schedule “C” are prescribed to be used for the purposes stated:

Form No.	Purpose of Form
1	lawyer’s certificate to accompany report on title
2	surveyor’s certificate to accompany report on title
3	notice to Registrar of initial Board of Directors under clause 14(b)(1) of the Act
4	surveyor’s certificate for use on all plans
5	surveyor’s certificate under clause 21(1)(d) for use where units are defined by reference to buildings
6	certificate of owners under clause 21(1)(g)
7	notice of expropriation under subsections 39(1) to (3) of the Act
8	dedication by the Board of additional land to common elements under Section 46
9	appointment of agent of condominium corporation
10	notice of termination following substantial damage under Section 36 of the Act
11	notice of termination under Section 41 of the Act
12	partial discharge of judgment under subsection 20(2) of the Act
13	notice of condominium corporation lien under subsection 31(6) of the Act
14	discharge of condominium corporation lien under subsection 31(10) of the Act
15	certificate of condominium corporation about corporation by-laws under Section 67
15A	certificate of declarant about corporation by-laws under Section 67
16	certificate of condominium corporation about owners’ consent to the consolidation of units under clause 72A(b)
17	Registrar’s certificate that the application to consolidate units was accepted for registration under subsection 14(5) of the Act
18	certificate of condominium corporation confirming owners’ consent to amalgamation of corporations under clause 54A(b)
19	Registrar’s notice requiring documentation from corporation under subsection 45A(2) of the Act
20	architect’s certificate under clause 12(1)(e) of the Act
21	engineer’s certificate under clause 12(1)(e) of the Act
22	certificate of condominium corporation about owners’ consent to an amendment of the description required by subsection 12(3) of the Act
23	notice of intent to have dispute arbitrated under subsection 33A(2) of the Act
24	declarant’s notice under subsection 76(7) of decision not to proceed with proposed phases
25	notice to owner and tenant of tenant’s breach of condominium declaration, by-laws or common element rules under Section 44C(1) of the Act
26	application to condominium dispute officer to hear a dispute between a condominium corporation and a unit owner
27	notice of an appeal of a decision of a condominium dispute officer
28	notice of proposed rule change to be given by board of directors under subsection 24(1B) of the Act

Part A - Documents filed with Report on Title

3 The Registrar may require any of the following documentation to accompany a report on title submitted on registration of a declaration:

(a) a plan of survey prepared in accordance with Section 4;

(b) a metes and bounds description of the property, prepared by the surveyor who prepared the plan of survey referred to in clause (a);

(c) a tax certificate or certificates issued by the appropriate municipality, confirming that there are no outstanding taxes owing for the property;

(d) a certificate of a lawyer, consisting of Form 1 or a similar form acceptable to the Registrar, that states that the lawyer has investigated the title and believes the applicant to be the owner of the freehold estate in the property, subject to the encumbrances, easements, and encroachments, if any, set forth in the certificate, and that, after consultation with the declarant,

(i) the lawyer is not aware of the existence of any other claim that is adverse to or inconsistent with the applicant’s claim to any part of the land or to any interest therein, or

(ii) the lawyer is aware of the existence of 1 or more claims that are adverse to or inconsistent with the applicant’s claim to any part of the land or to any interest therein, in which case the lawyer must set forth every such adverse claim and the particulars of the claim.

(2) [repealed]

4 (1) A plan of survey for a report on title shall be prepared by a surveyor in accordance with these regulations and the Land Surveyors Act.

(2) The plan of survey shall be accompanied by a certificate of the surveyor substantially in Form 2 stating that the metes and bounds description of the property accompanying the report on title was prepared by such surveyor, and that it accurately reflects the results of the survey and that the plan of survey has been prepared by such surveyor in accordance with the Act.

4A An amendment filed by the declarant with the Registrar to create a phase of a phased-development property shall include a current report on title for the phase and the documentation required by the Registrar in accordance with Section 3.

5 A supplementary report on title shall consist of a current report on title for each unit and a certificate from a lawyer certifying that the lawyer believes all encumbrances affecting the units and the common interest appurtenant thereto are listed in the certificate.

6 [repealed]

Surveys and Plans

Part B - General

7 A survey and plan prepared for the purpose of the Act shall be made in accordance with these regulations, the Land Surveyors Act and any regulations and the Standards of Practice made under the Land Surveyors Act.

8 For the purposes of this Part of the regulations, properties are classified as follows:

Class A - properties each of which is divided into units by vertical planes;

Class B - properties each of which is divided into units by horizontal or horizontal and vertical planes;

Class C - properties each of which is divided into units by planes that are neither horizontal nor vertical or by surfaces that are not planes.

9 (1) Sections 12 to 38, both inclusive, apply to Class A properties.

(2) Sections 12 to 40, both inclusive, apply to Class B properties.

(3) Plans of Class C properties shall be prepared in such manner as the Registrar deems most suitable to secure accuracy.

(4) Sections 12 to 40, both inclusive, do not apply to structural plans.

10 [repealed]

11 [repealed]

12 (1) If a plan satisfies the requirements of the Act and the regulations, the Registrar must endorse acceptance for registration of the plan on the plan.

(2) The Registrar may at any time conduct a site visit to examine a survey.

(3) The Registrar may request additional information from a surveyor regarding any survey examined under the Act and the regulations.

13 Before presenting a plan for registration, a surveyor shall submit to the Registrar a paper print of the plan together with a copy of any adjacent or underlying plan and such title records as may be required by the Registrar.

14 (1) The Registrar may accept a plan for registration that does not comply strictly with the requirements of these regulations.

(2) Except with the approval of the Registrar, no correction, amendment or other alteration shall be made to any plan that has been accepted for registration.

Monumentation

15 (1) Points at intervals not greater than 1,000 feet on the exterior boundaries of the property shall be defined in the survey by a suitable monument.

(2) Walls, floors, ceilings or other physical features may be adopted as the monuments that control the boundaries of condominium units, if a statement to that effect is printed on the plan or diagram of the unit that is registered.

(3) Where subsection (2) is not applied, boundaries shall be witnessed by measurements to monuments.

(3A) Except as provided in subsections (2) and (3), other subdivision unit angles or corners and every angle on the condominium plan established to make a closed survey perimeter shall be defined by such other monuments as are specified by the Standards of Practice made under the Land Surveyors Act.

(4) Monumentation may be varied where, in the opinion of the Registrar, the requirements of this Section are inappropriate, having regard to the circumstances.

Standards of survey for level 1

16 [repealed]

17 [repealed]

18 [repealed]

19 [repealed]

20 (1) The monuments controlling the extent of units shall be described fully in the declaration and a brief note describing the monuments shall be endorsed on the plan of each level and, when the scale of the plan of any level is not sufficient to illustrate this clearly, a separate plan of compilation shall be drawn showing the specification and relationship between the boundaries of the units and the monumentation.

(2) The location of units on any resurvey shall be based on provisions respecting monumentation specified by the Standards of Practice made under the Land Surveyors Act.

Standards for level 1 plans

21 (1) A plan

(a) [repealed]

(b) [repealed]

(d) shall, where any unit is defined by reference to a building, be certified on the plan by the surveyor in Form 5;

(e) shall show the Registrar’s acceptance in the upper right hand corner as the following notation:

“Approved for registration this ___ day of ____________ at _____________. Registrar/Deputy Registrar of Condominiums”;

(f) shall show in the upper right-hand corner below the Registrar’s acceptance the following notation:

“Declaration registered at the applicable land registration office as Document number _______”; and

(g) shall be endorsed by each owner in Form 6.

(2) There shall be endorsed on the plan of each level a sheet number and the total number of sheets.

(3) The only handwriting to appear on the plan shall be the signatures of those persons required to sign the plan, and under each signature shall be legibly printed or typed the name of the person signing.

(4) All signatures on the plan must be original or electronic signatures.

22 [repealed]

23 [repealed]

24 [repealed]

25 [repealed]

26 [repealed]

27 The limits of units and common elements shall be shown on the plan by solid lines of a consistent weight and the lines shall be heavier than other lines shown on the plan.

28 [repealed]

29 [repealed]

30 [repealed]

31 A plan shall show such standards of survey specified by the Standards of Practice made under the Land Surveyors Act.

32 [repealed]

33 Every part of a property that is not a common element shall be designated on the plan by the word “UNIT” followed by a number, and the numbers shall follow consecutively and there shall not be more than one “UNIT” designated on each level sheet by the same number and, where a specification is required of parts of the common elements that are to be used by the owners of one or more units but not by all of the owners, these exclusive use portions may be designated on a separate plan by numbers or letters or by numbers and letters.

34 [repealed]

35 [repealed]

36 [repealed]

37 A simple north point accurately plotted shall be placed in a conspicuous position on each plan.

38 (1) At the time of submission for registration of a plan, there shall be delivered to the Registrar together with the original plan 1 duplicate of the plan.

(2) A duplicate plan shall be a copy of the plan of which it is the duplicate, and shall be reproduced on such material and by such process as the Registrar approves.

(3) [repealed]

Standards for plans other than level 1

39 Section 21, except clause (c) of subsection (1), and Sections 27, 33 and 38 apply to plans of levels other than Level 1.

40 (1) Plans of levels above Level 1 must be numbered consecutively beginning with the number “2” and plans of levels below Level 1 must be lettered alphabetically beginning with the letter “A”.

(2) Plans of levels other than Level 1 must be designated by the word “Level” and must include a section or perspective drawing, sufficiently accurate to portray the vertical relationship of all levels.

Architectural/structural plans

40A (1) At the time of submission for registration of a plan, there shall be delivered to the Registrar together with the original plan 1 duplicate of the plan.

(2) The original plan shall be drawn, prepared and signed by a professional architect or engineer licensed to practice in the Province of Nova Scotia.

(3) A duplicate plan shall be a copy of the plan of which it is a duplicate, and shall be reproduced on such material and by such process as the Registrar approves.

(4) Structural plans shall include the following information:

(a) floor plans for all levels of the building at a scale not less than 1/16” = 1 foot, showing all exterior walls, interior partitions, load bearing walls, fitments, counters, plumbing and heating fixtures and labelling all units and rooms;

(b) exterior elevations of all four principal views of the building at a scale not less than 1/16” = 1 foot, showing exterior wall finishes, patterns of windows and doors, down to normal architectural trim;

(c) cross-sections through the principal structure of the building showing the general make-up of roof, floors, walls and basement construction and showing any specialized details pertinent to the building, at a scale of not less than 1/4” = 1 foot;

(d) schematic mechanical and electrical servicing drawings indicating the generalized layout and make-up of such services;

(e) any other details determined by the Registrar to be pertinent to the project and beneficial to the future of condominium owners for their use and enjoyment of the premises.

Part C - Duties of Registrars of Deeds

41 [repealed]

42 A condominium document required under the Act or the regulations may not be recorded or registered by a registrar of deeds under the Registry Act or the Land Registration Act unless the Registrar of Condominiums has endorsed [it] as accepted for registration.

43 [repealed]

44 On receiving a condominium document from the Registrar of Condominiums that is endorsed in accordance with Section 42, a registrar of deeds must register or record the document in accordance with the Registry Act or the Land Registration Act, as applicable, and issue a receipt showing the day, hour and minute it was registered or recorded.

45 [repealed]

46 Where land is to be added to the common elements, a conveyance may be made by the vendor to the Corporation as grantee and if the conveyance includes or is accompanied by a dedication by the Board in Form 8 the conveyance and dedication shall be registered in accordance with the Registry Act or the Land Registration Act, as applicable, and the land becomes, upon registration, a part of the common element.

47 [repealed]

48 [repealed]

49 The fees set out in Schedule “B” are the only fees payable to a registrar of deeds in respect of services they perform under the Act and these regulations.

Part D - Duties of the Registrar of Joint Stock Companies

50 The Registrar of Joint Stock Companies shall open a file in respect of every Condominium Corporation created pursuant to the Act and shall deposit therein all documents filed with them relating to such corporation.

51 (1) Subject to subsection (2), no document shall be filed by the Registrar of Joint Stock Companies unless it has been accepted for registration by the Registrar of Condominiums who has so endorsed the document; but any document so endorsed shall be filed notwithstanding any apparent failure of the document to comply with the Act or these regulations.

(2) The following documents shall be filed by the Registrar of Joint Stock Companies notwithstanding that any such document is not endorsed by the Registrar of Condominiums in accordance with subsection (1):

(a) an Appointment of Agent in Form 9, if it is executed by an officer of the Corporation under its corporate seal;

(b) a statement as to Directors and Officers under the seal of the Corporation pursuant to Section 52.

52 Every corporation shall file with the Registrar of Joint Stock Companies and with the Registrar of Condominiums a statement under the seal of the corporation showing the names, addresses and positions on the Board of its directors and officers as soon as they are elected, and shall thereafter file such amended statements as may from time to time be necessary to reflect any changes therein.

53 The fees set out in Schedule “B” are the only fees payable to the Registrar of Joint Stock Companies in respect of their services pursuant to the Act and these regulations.

Part E - Duties of Registrar of Condominiums

54 (1) A declaration and description shall not be accepted for registration unless in addition to complying with the requirements of Sections 11 and 12 of the Act,

(a) the declaration appears to be executed by every owner of and every person having a registered encumbrance against the land and interests appurtenant to the land described in the description;

(b) the declaration is accompanied by such proof as to the execution by every such owner as is required by the Registry Act or the Land Registration Act, as applicable;

(ba) proof of valid occupancy permits for all residential units or, in the case of phased-development property, proof of valid occupancy permits for all residential units in the phase, is provided;

(d) the description has been reviewed by the Registrar.

(1A) The description of a standard unit for each class of units required to be in a declaration by subsection 11(2A) of the Act must include specifications of the components in a basic, non-upgraded unit, in enough detail to determine the responsibility for insuring and repairing the components, which components may include, but are not limited to, any of the following:

(a) cupboards;

(b) countertops;

(d) wall coverings;

(e) electrical and plumbing fixtures;

(f) appliances;

(g) heating and ventilation systems.

(2) A declaration and description for a bare land condominium shall comply with the requirements of subsection (1), except clause (1)(ba), and shall include all of the following:

(a) a statement of the services and amenities available to the units;

(b) a statement of responsibility for connection costs of utilities for the units;

(i) design,

(ii) type of building material,

(iii) type of building,

(iv) type of construction,

(v) activities which may be carried out on the unit;

(d) a statement identifying the structures completed at the time of registration and that are to be maintained by the corporation;

(e) a statement allocating responsibility for the maintenance and repair of common element structures erected after registration;

(f) a provision requiring that preliminary plans for the construction of a unit must be approved by the corporation, which approval shall not be arbitrarily withheld;

(g) if applicable, a statement that the unit owner is responsible for installing their own services and utilities.

(3) A declarant shall provide to the Registrar at the time of registration confirmation that the services and amenities specified in the declaration that are to be installed by the developer are completed.

54A A declaration and description for an amalgamated corporation shall not be accepted for registration unless it is accompanied by all of the following:

(a) a copy of the status certificate required pursuant to clause 29B(3)(c) of the Act for each of the amalgamating corporations;

(b) a certificate in Form 18 executed by each amalgamating corporation confirming that the required percentage of the owners of its units consent to amalgamate the corporations;

(ba) proof, in a form satisfactory to the Registrar, of the owners’ affirmative vote approving the amalgamation by the percentage of owners required by clause 29B(1)(b) of the Act;

(c) a supplementary report on title for the units and the lands of each amalgamating corporation in accordance with Section 5;

(d) certification by each amalgamating corporation that a copy of the status certificate was served on each of its unit owners;

(e) Form 9 appointing an agent for the amalgamated corporation;

(f) the prescribed fee;

(g) a copy of the reserve-fund study for the amalgamated corporation;

(h) a copy of the proposed by-laws of the amalgamated corporation;

(i) current survey plans for the amalgamated corporation prepared in accordance with the regulations;

(j) current architectural plans for the amalgamated corporation prepared in accordance with the regulations.

55 Where the instruments mentioned in subsection (2) of Section 40 of the Act are tendered for acceptance for registration, the Registrar shall not accept the amendment to the declaration and description for registration unless

(a) it appears to be executed by the Board;

(b) it is accompanied by the proof of its execution by the Board that is required by the Registry Act or the Land Registration Act, as applicable;

(c) the conveyance and every release or discharge is accompanied by such proof as to the execution by every such owner and person as is required by the Registry Act; and

(d) the conveyance is accompanied by a certificate signed by the authorized officers of and under the seal of the Corporation stating that the sale is authorized by an affirmative vote of the owners who at the time of the vote owned 80% of the common elements.

56 (1) A Notice of Termination under Section 36 of the Act shall be in Form 10.

(2) A notice in Form 10 may be accepted for registration notwithstanding that it is not received within the ten day period prescribed by subsection (3) of Section 36 of the Act.

57 (1) A Notice of Termination under subsection (2) of Section 41 of the Act shall be in Form 11.

(2) The Registrar shall not accept the notice of termination in Form 11 for registration unless

(a) it appears to be executed by all the owners and all the persons having registered claims against the units and common elements created after the acceptance for registration of the declaration and description;

(b) it is accompanied by such proof as to the execution by every such owner and person as is required by the Registry Act or the Land Registration Act, as applicable;

(c) it is accompanied by affidavits of matrimonial status for each owner and the necessary spousal consents and releases required under the Matrimonial Property Act.

(3) [repealed]

58 (1) Where an order is made under Section 43 of the Act terminating the government of the property by the Act, the order is inoperative in that respect until it is accepted for registration.

(2) Where an order of termination is tendered for acceptance for registration, the Registrar shall not accept the order for registration unless the conditions, if any, as to its acceptance for registration as are contained in the order have been complied with, or until proof thereof is furnished to the Registrar.

59 The fees set out in Schedule “B” are payable to the Registrar.

60 The Registrar shall establish and maintain in respect of each registration district mentioned in Schedule “A” to these regulations a list of Condominium Corporations, such list to be in such form as the Registrar may determine.

Part F - The Municipal Government Act and the Halifax Regional Municipality Charter

61 The Registrar of Condominiums shall not accept a declaration or description, or any amendment to a declaration or description, for registration unless the applicant provides the Registrar with a statutory declaration from the development officer for the municipality where the proposed development is located, confirming all of the following:

(a) that the proposed development being submitted for registration, and as shown on a survey plan attached to the statutory declaration, satisfies the land use requirements of the municipality or the land use by-laws or the development agreement, as applicable;

(b) that an occupancy permit has been issued for each residential unit in the proposed development;

(d) that the municipality has no objection to the registration taking place if the municipality’s easements and interests in the property are maintained.

62 [repealed]

62A [repealed]

62B For greater certainty, unless otherwise provided in the Act or these regulations, the Municipal Government Act and the Halifax Regional Municipality Charter, as applicable, and their regulations and by-laws apply with respect to

(a) the proposed development; and

(b) the property of the condominium corporation, upon acceptance of the description and declaration for registration.

Part G - General

63 A discharge of judgment issued pursuant to Section 20(2) shall be in Form 12.

64 A discharge of encumbrance given pursuant to Section 28(10) of the Act may be in any convenient form permitted by the Conveyancing Act but shall make specific reference to the unit number and level number “in the condominium administered by the ___________ Condominium Corporation No. ______, the declaration and description of which are registered in the land registration office, at _______ as Document Number __________.”

65 A notice of lien filed by a corporation pursuant to Section 31(6) of the Act shall be in Form 13.

66 A discharge of lien by a corporation shall be in Form 14.

67 A certificate concerning the passage of a by-law given by a corporation shall be in Form 15 or Form 15A, as applicable.

67A (1) Notice of a proposed rule required to be given to each of the condominium corporation’s members by subsection 24(1B) of the Act must be in Form 28 and must be served

(a) by regular mail to the address for the member on the records of the condominium corporation; and

(b) by leaving a copy of the notice at the member’s unit within 5 days of the date that notice is sent by regular mail under clause (a).

67B Delivery of a notice of a proposed rule under Section 67A is deemed to have taken place 5 days after the notice was sent by regular mail.

68 (1) Subject to subsection (2), the requirements of these regulations may be varied by the Registrar to apply to special circumstances.

(2) Subsection (1) does not apply in respect of the forms prescribed by these regulations.

69 [repealed]

70 The Registrar may accept for registration any of the following classes of property:

(a) commercial property - property which is intended to be divided into units for commercial use;

(b) residential property - property which contains a building or buildings which is/are intended to be divided into units to be used for residential premises or property which contains more than one single detached dwelling;

(c) recreational property - property that may also contain a building or buildings that are intended to be divided into units to be used for recreational purposes;

(d) bare-land property - property that contains units that consist of land on which dwellings may be located or constructed after acceptance for registration;

(e) mixed-use property - property that contains more than one of the classes of property described in this Section;

(f) phased-development property - property in relation to which the declarant may create additional units and common elements in a corporation by amending the registered declaration and description.

71 [repealed]

72 (1) In this Section, “voting period” means the period that is within 90 days of the date that the first vote is submitted by 1 of the corporation members.

(2) The Registrar must only accept a document that requires the approval of the corporation members for registration if both of the following criteria are met:

(a) the members have approved the document by submitting an affirmative vote within the voting period;

(b) the document is submitted for registration within 90 days of the end of the voting period.

72A A declarant shall file with the Registrar the following information in relation to a consolidation of 2 or more units, along with the prescribed fee:

(a) a diagram of the consolidated unit prepared by an architect and certified by the architect in Form 20; and

(b) Form 16 attesting that at least 66 2/3% of the owners of the common elements have voted in favour of the consolidation as required by subsection 14(3) of the Act.

72B Every annual financial statement referred to in Section 24A of the Act shall include the following:

(a) budget allocations and actual expenditures for the year reported;

(b) details of the investments of the reserve fund, including

(i) the financial institution(s) holding the funds,

(ii) the total amount of the fund,

(iii) the instruments in which the funds are invested, and

(iv) the terms of the investments, including interest rates and maturity dates;

(c) if the annual financial statement is required to be audited, a statement by the auditor as to the current amount in the reserve fund for the reporting period, and what percentage this is of the amount required by the reserve-fund study pursuant to Part K.

Part H - Occupancy Fees

73 (1) In this Section, “net purchase price” means the purchase price before HST has been added to the price.

(2) An occupancy fee charged to a purchaser under subsection 44(5) of the Act to occupy a proposed unit

(a) must not exceed 0.75% of the net purchase price of the unit, per month;

(b) must be disclosed as required by subsection 44(5) of the Act as both a percentage of the net purchase price and in dollars and cents in the purchase and sale agreement for the unit; and;

(c) except as provided in subsection (3), must not be charged for longer than 6 months after the original closing date disclosed in the purchase and sale agreement for the unit.

(3) Occupancy fees for a proposed unit may be charged after the 6 months referred to in clause (2)(c) for the following additional periods and under the following conditions:

(a) for a further 6 months, if registration of the condominium unit has not yet taken place and the occupancy fee charged is not more than 50% of the amount disclosed as the occupancy fee in the purchase and sale agreement for the unit;

(b) for a further definite period of time immediately after the additional 6 months referred to in clause (a), if registration of the condominium corporation has not yet taken place and the occupancy fee charged is not more than 25% of the amount disclosed as the occupancy fee in the purchase and sale agreement for the unit.

74 [repealed]

Part I - Agreements of Purchase and Sale

75 (1) Pursuant to subsection 44(1) of the Act, every agreement of purchase and sale entered into by a declarant as vendor of a unit or a proposed unit shall include all of the following provisions:

(a) that, upon execution of the agreement of purchase and sale, the vendor shall deliver to the purchaser a copy of the proposed or approved survey or design plans of the condominium showing

(i) the perimeter of the horizontal surface of the land and the perimeter of any buildings,

(ii) the shape of the unit, the boundaries of the unit, the location of the unit in relation to the other units, and the location of the unit in reference to any buildings and any applicable level number,

(iii) the common elements including those intended for the exclusive use of the owner;

(b) that, upon execution of the agreement of purchase and sale, the vendor shall deliver to the purchaser the proposed or approved declaration, by-laws and common element rules and regulations of the corporation;

(c) that upon receipt of the documentation required by clauses (a) and (b), the purchaser shall have ten days to review the documents and, if within that time the purchaser cancels the agreement by giving written notice to the vendor, the agreement shall be null and void and the deposit shall be returned to the purchaser, without interest and without liability by the vendor for any expenses incurred or damages sustained by the purchaser;

(d) that the declarant has a duty to complete the common elements and provide for holdbacks if the common elements are not completed at the time of closing on a unit;

(e) the details of any amenities not yet completed and the date they will be completed by;

(f) the details of the amount of occupancy fees which can be charged and when they are payable; and

(g) disclosure of any services that are not contained within the boundaries of the property or are not owned by the condominium corporation, and any agreements respecting the terms and conditions associated with those services.

(2) In addition to the requirements in clauses (1)(a) to (g), every agreement of purchase and sale for the purchase of a phased-development property unit or proposed unit from the declarant shall contain a disclosure statement made by the declarant, containing the following information:

(a) [repealed]

(b) a statement that the declarant is not required to create a phase after the creation of the unit or the proposed unit;

(c) a statement that sets out the estimated registration dates of the amendments to the declaration and description required for creating each phase that the declarant intends to create after the creation of the unit or proposed unit;

(d) a statement that sets out, for each phase that the declarant intends to create after the creation of the unit or proposed unit,

(i) the approximate location of the buildings and structures,

(ii) the approximate number of the units,

(iii) a statement of the proportions of the common interests and common expenses, expressed in percentages, attributable to the units after the creation of the phase, and

(iv) a list of the facilities and services that the owners will share after the creation of the phase,

and all requirements set out in clause (1)(c) shall apply, with the necessary modifications, to this subsection.

(3) In addition to the requirements in subsections (1) and (2), each agreement of purchase and sale of a unit from a declarant in a building that has been converted into units in a condominium corporation, shall include all of the following:

(a) a copy of the reserve-fund study required by Section 31 of the Act;

(b) a requirement for the vendor to provide the purchaser with a copy of any updated certification under Section 78B and proof that any required payments have been made into the reserve-fund, before the unit is purchased.

Part J - Phased-Development Property

75A (1) A phased-development condominium must meet all of the following requirements:

(a) all land in phase one must be contiguous;

(b) each phase subsequent to phase one must contain at least one unit;

(c) each piece of land in a phase that is not contiguous with other land in the same phase must contain at least 1 of the following:

(i) a unit,

(ii) a service integral to the operation of the condominium corporation,

(iii) an amenity pre-disclosed in the declaration for the condominium corporation;

(d) each piece of land in a phase subsequent to phase one must be contiguous to the land in a previously registered phase;

(e) a service that is integral to a phase being registered must

(i) be located within the property of and owned by the condominium corporation, unless

(A) it is provided by the municipality or a publicly regulated utility, or

(B) it is secured by appropriate easements and contractual arrangements, and

(ii) be installed before registration of the applicable phase, unless the installation of the service is the responsibility of the unit owner.

(2) The contractual arrangements for services referred to in paragraph (1)(e)(i)(B) must contain provisions permitting termination of the contract if pricing exceeds benchmark prices for alternate sources of energy.

76 (1) In addition to the requirements set out in Section 11 of the Act, a declaration for a phased-development property shall include the following:

(a) a statement that the condominium corporation created is a phased-development property;

(b) a description of each phase and the number of units included in each phase;

(d) a statement expressed in percentages of the proportions of the common interests and common expenses attributable to each of the units after the creation of the phase and after the addition of each subsequent phase;

(e) a list of the facilities and services that the owners will share after the creation of the phase;

(f) a statement that the declarant is not required to create a phase after the creation of the present phase;

(g) a statement that sets out the estimated registration dates of the amendments to the declaration and description required for creating each phase that the declarant intends to create after the creation of the present phase;

(h) a copy of the proposed design plans of the condominium showing

(i) the perimeter of the horizontal surface of the land and the perimeter of any buildings, and

(ii) [repealed]

(iii) the common elements, including those intended for the exclusive use of the owners;

(i) the by-laws and common element rules and regulations of the corporation;

(j) a conceptual design of the entire development identifying the general location, size, number and style of the units and land in each phase.

(k) [repealed]

(2) Subject to subsection (2A), the declarant shall file with the Registrar an amendment to both the declaration and description and, if the Registrar determines that the amendment is significantly different from the documents filed with the initial declaration, proof of the approval of all unit owners to create a phase, in a form satisfactory to the Registrar.

(2A) If the Court is satisfied that a unit owner has unreasonably withheld the approval required by subsection (2), the declarant may file with the Registrar a court order dispensing with the approval of that unit owner.

(2B) The declarant shall provide the corporation and all owners of units at least 14 days’ notice of the intention to register a phase.

(2C) If the Registrar determines that an amendment to create a proposed phase is significantly different from the documents filed with the initial declaration, the declarant shall provide the corporation and all owners of units at least 60 days’ notice of the intention to register the phase, along with

(a) copies of the amendments to the declaration and description that will be filed to register the new phase; and

(b) the location and times at which the plans for the new phase may be viewed.

(2D) If the statements required by clause (1)(d) for any two phases are the same, and all other requirements for registration are satisfied, the declarant may substitute one phase for the other in the order in which they are created.

(2E) Despite subsection (2C), where the requirements of subsections (2) and (2A) have been fulfilled, the amendment to the declaration may be filed with the Registrar before the 60-day notice period has elapsed.

(3) The amendment to the description required to create a phase shall comply with subsection 12(1) of the Act and Sections 7 to 40A of these regulations.

(4) In addition to the requirements in subsection (3), the amendment to the declaration required to create a phase shall include

(a) the consent of every person having a registered mortgage against, or interest appurtenant to, the land included in the phase, as the land and the interests are described in the amendment to the description required to create a phase;

(b) a statement of the proportions of common interests, expressed in percentages, attributable to the units in the corporation after the creation of the phase;

(c) a statement of the proportions of common expenses, expressed in percentages, which will be allocated to the units in the corporation after the creation of a phase;

(d) a specification of all parts of the common elements included in the phase that are to be used by the owners of one or more designated units and not by all the owners.

(5) A declaration and description required to create a phase in a proposed development or an amendment to a declaration and description to create a subsequent phase in an existing condominium corporation shall not be registered unless all of the following are done:

(a) all the buildings and structures included in the phase described in the description have been constructed;

(b) all facilities and services have been installed and provided to the extent necessary to ensure the independent operation of the corporation if no subsequent phases are created;

(c) the covenant binding the balance of the property reserved for future phases that is required under clause 12AA(1)(a) of the Act has been registered and proof of registration of the covenant has been provided to the Registrar.

(5A) An amendment to a declaration and description required to create a subsequent phase in an existing condominium corporation shall not be registered unless all of the following requirements are met:

(a) more than 90 days have passed since the later of the following dates:

(i) the date of registration of the declaration and description that created the corporation,

(ii) the date of registration of the latest amendments to the declaration and description creating a phase;

(b) the amendment is registered no later than 10 years after the date of registration of the initial declaration and description that created the corporation, if the registration took place after the coming into force of this clause;

(6) When the declarant ceases to own a majority of the units in the phase all documents relating to the phase shall be given to the corporation.

(a) [repealed]

(b) [repealed]

(7) If a declarant for a phased-development condominium decides not to proceed with any subsequent phases, the declarant must provide notice in the prescribed form to all of the following:

(a) the Registrar;

(b) the corporation;

Part K - Reserve-fund Studies

General

77 (1) In this Part,

(a) “component” means an individual item that is included in the physical analysis portion of a reserve-fund study as described in subsection 79(2), and shall include an item

(i) that is the responsibility of the corporation,

(ii) for which major repair or replacement costs are anticipated to be incurred during its useful life,

(iii) for which the costs of repair or replacement will not be covered as part of the annual operating or maintenance budget;

(b) “master reserve-fund spread sheet” means a spread sheet with calculations of the annual funding requirements for each component based on its remaining useful life, the basic annual contribution and the shortfall contribution options, but without an allowance for inflation or interest earned;

(c) “projected cash flow tables” means tables that demonstrate the effect of interest earned on investments and inflation of expenses and validate that a shortfall option will not jeopardize the funding plan;

(d) “reserve-fund study” means a study undertaken to determine a funding plan that adequately offsets expenditures for major repair or replacement of components;

(e) “remaining useful life” means the estimated time, in years, that a component can be expected to continue to serve its intended function.

(2) Subject to subsection 31(1D) of the Act, a declarant shall file a reserve-fund study for all the registered units of a phased-development condominium upon the registration of the 10th unit and for all units in subsequent registered phases, upon the registration of the phase.

(3) A person preparing a reserve-fund study may gather information from various persons.

(4) The only persons qualified to prepare reserve-fund studies are professional engineers licensed to practice in Nova Scotia, with experience in costing, cost flow forecasting and building construction and restoration, and familiarity with condominium legislation.

(a) [repealed]

(5) A person preparing a reserve-fund study for a corporation shall be independent of the corporation and the declarant.

Reserve-fund study requirements

78 Subject to Section 78A, a reserve-fund study shall consist of all of the following:

(a) a comprehensive reserve-fund study, covering a period of at least 20 years, in accordance with Section 79 every 5 years;

(b) [repealed]

(d) for a reserve-fund study required under subsection 31(1DA) of the Act, a separate document attached to the cover that discloses any components that are anticipated to require repair or replacement within the first 10 years of the condominium corporation’s operation together with the anticipated cost of the repair or replacement for each component, in accordance with information contained in the reserve-fund status certificate.

78AThe reserve-fund study required under subsection 31(1DA) of the Act if fewer than 10 units are being created shall consist of the following:

(a) a physical analysis in accordance with subsections 79(2), (3), (4) and (5);

(b) a spreadsheet covering a minimum period of 10 years listing all of the following:

(i) each of the components of the common elements,

(ii) the anticipated life spans of the components of the common elements,

(iii) the cost to repair or replace each of the components of the common

elements,

(iv) the estimated dates by which the components will require either repair or

replacement,

(v) a total amount specified for each year that there are expenditures anticipated for the components of the common elements; and

(c) a certification by the person preparing the study that they have conducted an analysis in accordance with clause (a) and that the information provided in the study is accurate.

78B (1) A reserve-fund study required under subsection 31(1DA) of the Act shall include, before registration of the declaration, an updated certification by the person who prepared the reserve-fund study that

(a) outlines any deficiencies in the renovations contemplated in the reserve-fund study;

(b) provides a monetary value for completion of any deficiencies outlined under clause (a); and

(2) The declarant must pay the value of any deficiencies outlined in the updated certification under subsection (1) into the reserve fund before the registration of the declaration.

(3) Payments paid into a reserve fund under subsection (2) must be held in trust until the management of the corporation is under the control of an elected board of directors.

Comprehensive reserve-fund study

79 (1) A comprehensive reserve-fund study required pursuant to clause 78(a) shall consist of

(a) a statement of assumptions regarding inflation, interest and maintenance that were made in making the report;

(b) a funding plan that does not project a negative balance for the fund at any time, and that is based on a physical analysis and a financial analysis that shows the amount of the annual contribution required to be paid into the reserve-fund to adequately offset expenditures for the major repair or replacement of the components; and

(c) the opinion of the person preparing the study that the fund should be adequate to offset the expenditures for the major repair or replacement of the components if the corporation makes contributions as recommended in the study.

(2) The physical analysis referred to in clause (1)(b) shall be based on a component assessment report containing the following information:

(a) the component inventory;

(b) the component assessment;

(d) the remaining useful life of each component (including maintenance and

repairs);

(e) the current replacement cost of each component.

(3) A component that is scheduled for major repair or replacement in the year of the reserve-fund study shall be deemed to have no remaining useful life.

(4) The component inventory referred to in clause 2(a) shall be based on

(a) an on-site review;

(b) a review of the corporation’s architectural, electrical and mechanical plans;

(d) a review of the corporation’s history with respect to the maintenance, replacement and repair of its components and any planned changes to its components.

(5) The component assessment referred to in clause 2(b) shall be based on

(a) an on-site review of the major common area components, including consideration of aesthetics;

(b) a review of

(i) structural and architectural plans,

(ii) previous inspection reports,

(iii) complaints from occupants of units regarding structure or facilities and,

(iv) maintenance records; and

(6) The financial analysis referred to in clause (1)(b) shall consist of an evaluation and analysis of the corporation’s reserve-fund income and expenses, and shall include the following information:

(a) the current reserve-fund balance;

(b) the estimated interest payable on the reserve-fund balance over the study

period;

(d) the anticipated effect of inflation on reserve-fund expenses over the period of

the study;

(e) a master reserve-fund spread sheet; and

(f) projected cash flow tables, including

(i) data indicating whether the current annual contribution is adequate to

address the repair and replacement schedule, and

(ii) details of several possible fund accumulation scenarios demonstrating the compounding of the interest earned on the fund into the fund and demonstrating the utilization of the interest as a portion of the contributions to the fund.

80 [repealed]

Reserve-fund status certificate

81 A reserve-fund status certificate required pursuant to clause 78(c) shall be completed by the person preparing the reserve-fund study at the time the study or update is completed and shall provide all of the following:

(a) the balance in the reserve-fund at the beginning of the current year;

(b) the annual contribution to the reserve-fund recommended to be made during the current and subsequent fiscal years of the study period;

(c) a statement summarizing the repair, maintenance and replacement recommendations of the latest reserve-fund study or update;

(d) the opinion required by clause 79(1)(c);

(e) a certification by the person preparing the study that they have prepared the reserve-fund study in accordance with clause 78A(c) and that the information provided in the study is accurate.

Part L - Dispute Resolution Processes

Mediation and arbitration under Section 33A of the Act

82 (1) A list of persons qualified to be arbitrators for the purpose of Section 33A of the Act shall be prepared by the Registrar and the Registrar shall determine the maximum number of names on the list.

(2) A person acting as an arbitrator for the purpose of Section 33A of the Act shall

(a) be a member in good standing of the ADR Atlantic Institute;

(b) have demonstrated arbitration or condominium experience to the satisfaction of the Registrar;

(i) charge a maximum fee of $1000 per day or $500 per half day for the hearing plus $150 per hour for writing the decision,

(ii) attend related training provided by the Registrar, and

(iii) abide by the protocols set by the Registrar; and

(d) pay the applicable fees prescribed in Schedule “B”.

(3) A person may apply in writing to the Registrar to be added to the list of persons qualified to be arbitrators.

Applying for hearing under Section 33 of the Act

82A(1) The following persons are appointed to act as condominium dispute officers:

(a) persons appointed as residential tenancies officers under Section 19 of the Residential Tenancies Act; and

(b) the Registrar of Condominiums.

(2) A unit owner or a condominium corporation may make application for a hearing before a condominium dispute officer by submitting a completed application in Form 26 together with the prescribed application fee.

(3) An applicant for a hearing under subsection (2) must serve the respondent with a copy of the application and any supporting documentation, in accordance with Section 82F, within 10 days from the date they submitted the application or within the time allowed for substituted service under Section 82F, and must return a copy of the sworn affidavit of service to the condominium dispute officer no later than 10 days after the date of service.

(4) If the deadlines in subsection (3) are not met and the condominium dispute officer has not allowed for further time for attempting service in accordance with subsection (6), then the application is deemed to be withdrawn.

(5) The respondent must provide their response, in writing, and any supporting documentation to the condominium dispute officer and to the applicant within 10 days of being served with the application, unless the condominium dispute officer allows for further time for response in accordance with subsection (6).

(6) A condominium dispute officer may permit further time for attempting service or for providing a response to an application if the condominium dispute officer is satisfied that there has been no undue delay.

Hearings conducted under Section 33 of the Act

82B (1) A condominium dispute officer may conduct a hearing of a dispute in writing or orally, including by telephone.

(2) A condominium dispute officer must consider the evidence and submissions of the parties and provide a written order and reasons within a reasonable time frame.

(3) A condominium dispute officer may do any or all of the following in an order under subsection (2):

(a) direct a condominium corporation to perform any duty imposed on it by Section 18 of the Act, subsection 24(3) of the Act, Section 24A of the Act or subsection 26(9) of the Act, and set the date by which the duty must be performed;

(b) set reasonable fees that may be charged by a condominium corporation for providing a copy of a record;

(c) direct a condominium corporation to pay a unit owner an amount not exceeding $500 for its non-compliance with any duty imposed on it by Section 18 of the Act, subsection 24(3) of the Act, Section 24A of the Act or subsection 26(9)of the Act;

(d) direct a unit owner to comply with a by-law made under clause 23(1)(b) or (c) of the Act or a rule made under subsection 24(3) of the Act;

(e) direct a unit owner [to] pay a condominium corporation an amount not exceeding $500 for non-compliance with a by-law made under clause 23(1)(b) or (c) of the Act or a rule made under subsection 24(3) of the Act;

(g)[(f)] direct that the prescribed application fee be apportioned between the applicant and the respondent, as the condominium dispute officer considers fair and just in the circumstances.

(4) An order of a condominium dispute officer may not be registered with the Court for the purposes of enforcement under subsection 33(2) of the Act if an appeal has been filed with the Registrar under Section 82D.

Condominium appeals officers

82C(1) The Registrar may appoint persons to be known as condominium appeals officers to hear appeals of orders made by condominium dispute officers.

(2) A condominium appeals officer must

(a) be a member in good standing of the ADR Atlantic Institute;

(b) have demonstrated satisfactory arbitration and condominium experience; and

(3) A condominium appeals officer may charge a maximum fee of $1000 per day or $500 per half-day for hearing an appeal, plus a maximum fee of $150 per hour for writing the decision.

Appealing a condominium dispute officer’s order

82D(1) An order of a condominium dispute officer may be appealed only on the basis of an error of law or jurisdiction and may not be conducted as a trial de novo.

(2) An appellant may appeal by filing a completed notice of appeal in Form 27 with the Registrar together with the prescribed fee no later than 20 days after the date the original order is issued.

(3) On receiving a notice of appeal in Form 27 in accordance with subsection (2), the Registrar must assign a condominium appeals officer to hear the appeal.

(4) Unless the condominium appeals officer decides to apportion the fees payable for the appeal, the appellant must pay the fees charged by the condominium appeals officer for hearing the appeal and writing the decision.

(5) An appellant must serve the respondent with a copy of the notice of appeal and any supporting documentation, in accordance with Section 82F, within 10 days from the date they submitted the notice of appeal to the Registrar or within the time allowed for substituted service under Section 82F, and must return a copy of the sworn affidavit of service to the condominium appeals officer no later than 10 days after the date of service.

(6) If the deadlines in subsection (5) are not met and the condominium appeals officer has not allowed for further time for attempting service in accordance with subsection (8), then the appeal is deemed to be withdrawn.

(7) The respondent must provide their response, in writing, and any supporting documentation to the condominium appeals officer and to the applicant within 10 days of being served with the notice of appeal, unless the condominium appeals officer allows for further time for response in accordance with subsection (8).

(8) A condominium appeals officer may permit further time for attempting service or for providing a response to an appeal if the condominium appeals officer is satisfied that there has been no undue delay.

Appeals conducted under Section 33 of the Act

82E (1) A condominium appeals officer may hold a hearing of an appeal in writing or orally, including by telephone.

(2) A condominium appeals officer must consider the submissions of the parties and provide a written order and reasons no later than 30 days after the date the appeal hearing concludes.

(3) A condominium appeals officer may do any of the following in an order under subsection (2):

(a) confirm the decision of the condominium dispute officer, if no error of law or jurisdiction is found;

(b) vary the decision of the condominium dispute officer, based on an error of law or jurisdiction, and make any order that the condominium dispute officer could have made;

(c) rescind the decision of the condominium dispute officer based on a finding that the condominium dispute officer lacked jurisdiction;

(d) apportion the fees charged for the appeal between the appellant and the respondent, as the condominium appeals officer considers fair and just in the circumstances.

(4) An order of a condominium appeals officer, which confirms or varies the order of a condominium dispute officer, may be registered immediately upon issue under subsection 33(2) of the Act.

Service requirements for disputes and appeals under Section 33 of the Act

82F (1) Except as provided in subsection (3), an application under Section 82A and a notice of appeal under Section 82D must be served on the respondents in the matter by personal service or by registered mail.

(2) Proof of service may be as provided in Form 26 or Form 27, as applicable.

(3) A person authorized to hear a dispute or an appeal under this Part may authorize substituted service if they are satisfied that reasonable efforts have been made to serve a respondent in accordance with subsection (1) and the efforts have been unsuccessful.

(4) Substituted service under subsection (3) may be by any of the following methods:

(a) providing a copy to the respondent by fax, e-mail or regular mail;

(b) leaving the documents at 1 of the following locations:

(i) at the respondent’s residence,

(ii) if the respondent is a condominium corporation, at the residence of the president of the corporation’s board of directors.

Landlord and tenant complaint resolution process under Sections 44C and 44D of the Act

82G (1) A notice issued to an owner and a tenant under subsection 44C(1) of the Act must be in Form 25.

(2) Service of a notice issued under subsection 44C(1) of the Act must be by the following methods:

(a) for service on the tenant, by personally serving the tenant or leaving a copy of the notice at the tenant’s unit;

(b) for service on the owner, by personally serving the owner or mailing the notice by regular mail to the owner’s address in the records of the condominium corporation.

(3) Service of a notice in accordance with subsection (2) is deemed to occur when the notice is

(a) personally served;

(b) left at the unit; or

(4) For the purpose of subsection 44C(2) of the Act, the time period for remedying a breach is 15 days after both the owner and tenant have been served calculated from the latest date that the notice was served in accordance with subsections (2) and (3).

(5) A condominium corporation making an application under subsection 44D(1) of the Act is deemed to be the landlord, and the owner and tenant are both deemed to be the tenant and are entitled to receive notice and be parties to the proceedings.

Part M - Penalties

83 (1) The following is the scale of fines pursuant to Section 45A of the Act:

Number of units in corporation	First offence	Second offence	Third and any subsequent offences
1-25 units	$1000.00	$2500.00	$5000.00
26-100 units	$2500.00	$5000.00	$7500.00
more than 100 units	$5000.00	$7500.00	$10 000.00

(2) Pursuant to subsection 45A(4) of the Act, the Registrar may waive a penalty set out in subsection (1) where the corporation submits proof to the satisfaction of the Registrar of

(a) the incapacity of

(i) the person preparing the reserve-fund study or the annual financial statement, or

(ii) the Board or property manager

by reason of death, injury, or illness;

(b) a catastrophic circumstance affecting the completion of the reserve-fund study or annual financial statement such as fire, flood or other disaster; or

Schedule “A” - Registration Districts

REGISTRATION DISTRICTS Component to be used

Designated by the Governor in in corporate name

Council under Section 9 of the Act

The County of Annapolis Annapolis County

The County of Antigonish Antigonish County

The County of Cape Breton Cape Breton County

The County of Colchester Colchester County

The County of Cumberland Cumberland County

The County of Digby Digby County

The County of Guysborough Guysborough County

The County of Hants Hants County

The County of Halifax Halifax County

The County of Inverness Inverness County

The County of Kings Kings County

The County of Lunenburg Lunenburg County

The County of Pictou Pictou County

The County of Queens Queens County

The County of Richmond Richmond County

The County of Shelburne Shelburne County

The County of Victoria Victoria County

The County of Yarmouth Yarmouth County

Schedule “B” Fees

Fees payable to Registrar of Condominiums

1 (1) The following fees are payable to the Registrar of Condominiums:

(a) for examination of a description: $400 per unit to a maximum of 50 units;

(b) for re-examination of a description: $150 per unit to a maximum of 50 units;

(d) for acceptance of a declaration and a description: $249.20;

(e) for examination of the by-laws: $93.40;

(f) for acceptance for registration of the by-laws at the time of registration of the corporation: $124.60;

(g) subject to clause (i), for acceptance for registration of amendments to the by-laws: $62.30;

(h) subject to clause (i), for acceptance for registration of amendments to the declaration, including examination of ballots: $249.20;

(i) for acceptance for registration of amendments to the declaration or the by-laws when the Registrar determines that a comprehensive review of the document is necessary, the applicable fees in clause (c) or (e) plus the applicable fees under clause (g) or (h);

(j) for acceptance for registration of the diagram of a consolidated unit and the form required by subsection 14(5) of the Act: $124.60;

(k) for certifying a copy of a document: $12.45;

(l) for the arbitration process:

(ii) for the training course for arbitrators: $311.45;

(iii) for an application for arbitration: $124.60;

(m) for the amalgamation of corporations, an additional fee of $124.60 to examine the ballots;

(n) for acceptance for deregistration of a condominium corporation: $249.20;

(o) for filing an application for a hearing before a condominium dispute officer: $124.60;

(p) for filing a notice of appeal with the Registrar to have a condominium appeals officer hear an appeal: $62.30.

(2) Any amounts outstanding under clause (1)(a) for registrations completed before August 30, 2024, are no longer due and owing.

Fees payable at land registration office

2 The following fees are payable at a land registration office:

(a) for registration of a declaration and description: $133.35 plus $13.35 per unit;

(b) for registration of any other document: $43.60;

Fees payable to Registrar of Joint Stock Companies

3 The following fees are payable to the Registrar of Joint Stock Companies:

(a) for filing a declaration and description or the documents pertaining to an amalgamation of two or more corporations: $62.30;

(b) for certifying a document of 10 or fewer pages: $12.45;

Schedule “C”

Forms

Form 1: Lawyer’s Certificate to accompany Report on Title

(under Section 3 of the Condominium Regulations)

(Lawyer’s Letterhead)

To the Registrar of Condominiums:

I have examined the attached report on title for the lands known as PID ______________ (“the lands”), which was issued by the land registration office at ___________________________ on today’s date, and I am of opinion that (name of declarant) is the holder of the registered interest in the lands, subject to the encumbrances shown in the report on title.

After consultation with (name of declarant), I am not aware of the existence of any other claim to any interest in the lands.

After consultation with (name of declarant), I am aware of the following claims to an interest in the lands:

(give particulars of claims)

Dated at __________________, _____________, 20___.


	(signature of lawyer)

	(printed name of lawyer)

Form 2: Surveyor’s Certificate Report on Title

(under Section 4 of the Condominium Regulations)

I hereby certify that

1. The description of the property included in the abstract of title prepared by ___________________ pursuant to Section 4 of the regulations was prepared by me, and accurately reflects the results of the survey conducted by me.

2. The attached plan of survey has been prepared by me in accordance with the Condominium Act and regulations.

Dated at __________________, __________________, 20___.

_________________________________

(signature of surveyor)

_________________________________

(printed name of surveyor)

Nova Scotia Land Surveyor

Form 3: Notice to Registrar of Initial Board of Directors

(under clause 14(b)(1) of the Condominium Act )

To the Registrar of Condominiums:

I/We, (name of declarant), confirm that the following persons have been appointed to be the initial board of directors for the ___________________ County Condominium Corporation No. ________.

(name and address of each director)

Dated at __________________, _____________, 20___.


	(signature of declarant or authorized officer)

	(printed name and office)

Form 4: Surveyor’s Certificate for Use on All Plans

(under clause 21(1)(c) of the Condominium Regulations)

I certify that

• this plan accurately shows the manner in which the land located in the plan has been surveyed by me

• this plan and survey are correct and have been made in accordance with the Condominium Act and the regulations made under the Act

• the survey was completed on ______________, 20___.

Dated at __________________, _____________, 20___.


	(signature of surveyor)

	(printed name of surveyor)
	Nova Scotia Land Surveyor

Form 5: Surveyor’s Certificate for Use When Unit is Defined by Reference to Building

(under clause 21(1)(d) of the Condominium Regulations)

I certify that the building(s) shown on this plan is/are in existence and that the units designated on this plan substantially represent the units within the structure(s).

Dated at __________________, _____________, 20___.


	(signature of surveyor)

	(printed name of surveyor)
	Nova Scotia Land Surveyor

Form 6: Certificate of Owners

(under clause 21(1)(g) of the Condominium Regulations)

I/We certify that the property included in this plan has been laid out into units and common elements in accordance with my/our instructions.

Dated at __________________, _____________, 20___.


	(signature of owner)

	(printed name of owner)

Form 7: Notice of Expropriation

(under subsections 39(1) to (3) of the Condominium Act)

To the Registrar of Condominiums:

___________________ County Condominium Corporation No. ________ provides notice that the following parts of the condominium have been expropriated in accordance with the attached expropriation order, issued by ______________________ on __________________ (date)

(check one):

[ ] all of the property of the condominium corporation

[ ] part of the common elements

[ ] one or more units, but less than the whole property

Witness the seal of the Corporation duly affixed by the authorized officers of the Corporation on _____________, 20___.

Signed, sealed and delivered	)
in the presence of	)
	)	_________County Condominium Corporation No.____
	)	By
	)	By
		(affidavit of execution)

Form 8: Dedication by the Board of Additional Land to Common Elements

(under Section 46 of the Condominium Regulations)

The Board of the ______________ Condominium Corporation No. _______________ dedicates the land described in a deed from _____________ to the _______________ Condominium Corporation No._______________ dated ____________, as an addition to the common elements of the Condominium administered by the Corporation.

The declaration and description of the dedicated land are registered in the land registration office at ___________ as Documents _______________.

Witness the seal of the Corporation duly affixed by the authorized officers of the Corporation on _____________, 20___.

Signed, sealed and delivered	)
in the presence of	)
	)	_________County Condominium Corporation No.____
	)	By
	)	By
		(affidavit of execution)

Form 9: Appointment of Agent for Condominium Corporation

(under subsection 6(4) of the Condominium Act)

_______________ Condominium Corporation No. _______ appoints _________________ of _______________ in the County of _____________, Province of Nova Scotia, as its recognized agent resident within Nova Scotia.

Service of any writ, summons, process, notice or other document on this recognized agent is deemed to be sufficient service upon the Corporation.

The recognized agent’s contact information is as follows:

civic address: _______________________________________________________

mailing address: _______________________________________________________

e-mail address: _______________________________________________________

phone number: _______________________________________________________

This appointment remains in force until the Corporation files a notice in writing with the Registrar of Joint Stock Companies at Halifax that the appointment is revoked.

Dated at __________________, _____________, 20___.

___________________ Condominium Corporation No. ______

By _________________________________________________

(to be signed by the declarant if first appointment or by an officer of the Corporation for any other appointment)

Form 10: Notice of Termination of Condominium Corporation

Following Substantial Damage

(under Section 36 of the Condominium Act)

________________ County Condominium Corporation No. ______ gives notice under Section 36 of the Condominium Act, terminating government of the property by the Condominium Act.

This notice is given in respect of the property included in the Condominium administered by the Corporation, the declaration and description of which are registered in the land registration office at ________________ as Documents _________________.

Once this notice of termination is accepted for registration by the Registrar of Condominiums, Section 42 of the Condominium Act applies.

Confirmation of damage and vote not to repair

The Corporation confirms that:

• on __________ (date), the board of directors of the Corporation determined that substantial damage to 25% (or the greater percentage specified in the declaration) of the value of the building occurred on ______________ (date)

• by a vote held on _______________ (date), the owners who at that time owned 80% of the common elements did not vote to repair the damage.

Confirmation of whether registered under Land Registration Act

The Corporation confirms that (check one):

[ ] all of the units in the condominium corporation have been registered under the Land Registration Act

[ ] none of the units in the condominium corporation are currently registered under the Land Registration Act

Witness the seal of the Corporation duly affixed by the authorized officers of the Corporation on _____________, 20___.

Signed, sealed and delivered )

in the presence of )

)

__________________________) __________County Condominium Corporation No. ____

) By _________________________________________

(affidavit of execution)

Form 11: Notice of Termination under Section 41 of the Act

Condominium Act

We, ___________ County Condominium Corporation No. _____ and the undersigned, who are

• all the members of the Corpora tion, and

• all the persons having registered claims against the property created after the

acceptance for registration of the declaration and description,

give notice under subsection 41(2) of the Condominium Act, terminating government of the property by the Act.

Once this notice of termination is accepted for registration by the Registrar of Condominiums, Section 42 of the Condominium Act applies.

Confirmation of vote

The Corporation confirms that by an affirmative vote on _____________ (date), the owners who at that time owned 100% of the common elements of the Corporation authorized the termination of the government by the Condominium Act of the property included in the Condominium administered by the Corporation.

Confirmation of consent

The Corporation confirms that all of the following have signed the notice indicating their consent:

• all spouses of members whose consent to the disposition is required under Section 8 of the Matrimonial Property Act, as indicated in the attached matrimonial status affidavits for each member

• all persons having registered claims against the property that were created after the acceptance for registration of the declaration and description

A supplementary report on title is attached, as required by subsection 41(2) of the Condominium Act.

Confirmation of whether registered under Land Registration Act

The Corporation further confirms that:

[ ] all of the units in the condominium corporation have been registered under the Land Registration Act

[ ] none of the units in the condominium corporation are currently registered under the Land Registration Act

Witness the seal of the Corporation duly affixed by the authorized officers of the Corporation at _______________, ______________________, 20___.

Signed, sealed and delivered )

in the presence of )

)

__________________________) __________County Condominium Corporation No. ____

(witness) ) By _________________________________________

) By _________________________________________

Owners

(witness) ____________________________________________

(signature of individual)

(printed name of individual (as registered))

Re: Unit no. ____ Level no. ____

☐ matrimonial status affidavit attached indicating no spouse is required to consent

☐ matrimonial status affidavit attached indicating name of spouse whose consent is required

_________________________________________

(signature of member’s spouse)

(printed name of spouse)

(corporate seal) (signatures of officers of corporate owner)

(printed name of corporate owner)

Re: Unit no. ____ Level no. ____

☐ matrimonial status affidavit attached indicating no spouse is required to consent

☐ matrimonial status affidavit attached indicating name of spouse whose consent is required

(witness) _______________________________________

(signature of member’s spouse)

(printed name of spouse)

Registered Claimants

(witness) _____________________________________________

(signature of individual)

(printed name of individual (as registered))

Re: Unit no. ____ Level no. ____

(or ‘Re: All units and common elements’)

(corporate seal) (signatures of officers of corporate claimant)

(printed name of corporate owner)

Re: Unit no. ____ Level no. ____

(or Re: All units and common elements)

Form 12: Partial Discharge of Judgment

(under Section 20 of the Condominium Act)

- (Title of Action) -

Re: ______________________________ County Condominium Corporation No. ________

______________________________ (name of owner(s))

Unit no. ____ Level no. ____

The plaintiff obtained a judgment in this action against __________________________________ County Condominium Corporation No. ________.

The plaintiff has received payment of $______, which is the proportionate part of the judgment that ____________________ (name of owner(s)) is/are responsible for under the Condominium Act and the declaration of __________________ County Condominium Corporation No. ____.

The plaintiff therefore discharges and releases _______________________ (name of owner(s)) absolutely from the judgment, in accordance with subsection 20(2) of the Condominium Act.

Dated at __________________, _____________, 20___.

________________________________________

(signature of plaintiff)

________________________________________

(printed name of plaintiff)

(affidavit of execution)

Form 13: Notice of Condominium Corporation Lien

(under subsections 31(6) and (7B) of the Condominium Act)

________________________ County Condominium Corporation No. ________ gives notice under subsection 31(7B) of the Condominium Act, that the Corporation has a lien against Unit no. ____ Level no. ____ of the Condominium administered by it and the common interests appurtenant to the unit, owned by _____________ _______________________ (full names of owners, as appear on the conveyance to them).

The lien is for the amount of $________, which is the amount the owner(s)are in default in his/her/their obligation to contribute towards the common expenses.

Witness the seal of the Corporation duly affixed by the authorized officers of the Corporation on _____________, 20___.

Signed, sealed and delivered )

in the presence of )

________________________ ) ________County Condominium Corporation No._____

By _________________________________________

(affidavit of execution)

Form 14: Discharge of Condominium Corporation Lien

(under subsection 31(10) of the Condominium Act)

______________ County Condominium Corporation No. ________ discharges Unit no. ____ Level no. ____ of the Condominium administered by it from the lien registered at the land registration office at ____________ as Document number __________.

Witness the seal of the Corporation duly affixed by the authorized officers of the Corporation on _____________, 20___.

Signed, sealed and delivered	)
in the presence of	)
	)	_______________ County Condominium Corporation No._____
	)	By
	)	By
		(affidavit of execution)

Form 15: Certificate of Corporation about Corporation By-laws

(under Section 67 of the Condominium Regulations)

To the Registrar of Condominiums:

______________ County Condominium Corporation No. ________ certifies that:

1) the attached by-law(s) was/were made by the members of the Corporation at a meeting held on _____________, 20___ for that purpose

2) members of the Corporation who own at least 60% of the common elements voted in favour of the attached by-law(s)

3) the attached by-law(s) was/were made in accordance with the Act, the declaration and the by-laws of the Corporation.

Witness the seal of the Corporation duly affixed by the authorized officers of the Corporation on _____________, 20___.

		_________ County Condominium Corporation No.____
		By
		By

Form 15A: Declarant’s Certificate about Corporation By-laws

(under Section 67 of the Condominium Regulations)

To the Registrar of Condominiums

______________________, as the declarant of ___________________ County Condominium Corporation No. ________, requests that the attached by-laws be accepted for registration as the by-laws of the Corporation.

The Declarant certifies that the by-laws were made in accordance with the Condominium Act and the Corporation’s declaration.

Witness the seal of the Corporation duly affixed by the authorized officers of the Corporation on _____________, 20___.

__________________________________________

Declarant

By __________________________________________

(signature)

__________________________________________

(printed name)

Form 16: Certificate about Owners’ Consent to Consolidation of Units

(under Section 72A of the Condominium Regulations)

To the Registrar of Condominiums:

__________________ County Condominium Corporation No. ________ certifies that

1) the consolidation of unit numbers _____________ was voted on by the members of the Corporation at a meeting held on __________ (date) for that purpose

2) members owning at least 66 2/3% of the common elements voted in favour of the consolidation

3) the agreement for consolidation of the units was completed in accordance with the Condominium Act and regulations

Attached is a diagram of the consolidated units duly completed by an architect.

Witness the seal of the Corporation duly affixed by the authorized officers of the Corporation on _____________, 20___.

__________ County Condominium Corporation No.__

(seal of corporation) By __________________________________________

By __________________________________________

Form 17: Certificate of Consolidation

(under subsection 14(5) of the Condominium Act)

This is to certify that the application to consolidate unit numbers ______ in __________ County Condominium Corporation No. ________ was accepted for registration effective on and after _________________ (date).

Date: _______________________ _______________________________________

Registrar/Deputy Registrar of Condominiums

Form 18: Consent to Amalgamate Condominium Corporations

(under clause 54A(b) of the Condominium Regulations)

To the Registrar of Condominiums:

________________________ County Condominium Corporation No. ________ certifies that

1) at a meeting held on ___________ (date) for this purpose, members of the ____________

County Condominium Corporation No. ________ voted on whether to amalgamate:

___________________________ County Condominium Corporation No. ________

and

___________________________ County Condominium Corporation No. ________

2) members owning at least 80% of the units of ______________ County Condominium Corporation No. ________ voted in favour of approving the declaration and description of the amalgamated corporation.

Witness the seal of the Corporation duly affixed by the authorized officers of the Corporation on _____________, 20___.

_________County Condominium Corporation No.____

(seal of corporation) By ____________________________________________

By ____________________________________________

Form 19: Registrar’s Notice For Documentation

(under subsection 45A(2) of the Condominium Act)

By this notice, the Registrar of Condominiums requires ______________ County Condominium Corporation No. ________ to provide the document(s) checked off below within 10 days of the date of this notice:

[ ] an annual financial statements for the period ending __________________, in accordance with Section 24A of the Condominium Act

[ ] a reserve-fund study, in accordance with Section 31 of the Condominium Act

If the document(s) is/are not provided as required, the Registrar of Condominiums will levy a penalty payable by the Corporation in an amount of $1000.00 to $10 000.00, in accordance with the fees set out in Part M of the Condominium Regulations.

Date:
			Registrar/Deputy Registrar of Condominiums

Form 20: Certificate of Architect

(under clause 12(1)(e) of the Condominium Act)

To the Registrar of Condominiums:

I certify that the building(s) as shown on the architectural plans for ______________ County Condominium Corporation No. ________ have been constructed substantially in accordance with the architectural plans.

Date:
			(signature of architect)

			(printed name of architect)

Form 21: Certificate of Engineer

(under clause 12(1)(e) of the Condominium Act)

To the Registrar of Condominiums:

I certify that the building(s) as shown on the structural plans for ______________ County Condominium Corporation No. ________ have been constructed substantially in accordance with the structural plans.

Date:
			(signature of engineer)

			(printed name of engineer)

Form 22: Consent to Amend Description

(under subsection 12(3) of the Condominium Act)

To the Registrar of Condominiums:

______________ County Condominium Corporation No. ________ certifies that

1) the attached amendment to the description was voted on by the members of the Corporation at a meeting held on _____________ (date), for that purpose

2) members of the Corporation who own at least 80% of the common elements voted in favour of the attached amendment.

Witness the Seal of the Corporation duly affixed by the authorized officers of the Corporation, on _____________, 20___.

(seal of corporation)		______County Condominium Corporation No.____
		By
		By

Form 23: Notice of Intention to Submit Dispute to Arbitration

(under subsection 33A(2) of the Condominium Act)

To the Registrar of Condominiums:

The applicant requests that an arbitrator be appointed to conduct an arbitration proceeding between the following with respect to an issue pertaining to ____________ County Condominium Corporation No. ______:

Applicant:

name:
address:
			phone number:
Representative (if any)
name:
address:
			phone number:

Respondent:

name:
address:
			phone number:
Representative (if any)
name:
address:
			phone number:

A brief description of the issue is as follows:

Date:
			(signature of applicant)

			(printed name of applicant)

cc: (respondent and any representative of the respondent)

Form 24: Notice of Decision Not to Proceed with Subsequent Phases

(under subsection 76(7) of the Condominium Regulations)

To: The Registrar of Condominiums

And to: The unit owners and Board of Directors of __________ County Condominium Corporation No. ___

This is notice under subsection 76(7) of the Condominium Regulations, that I/we, ____________________ (name of declarant(s)) have decided not to proceed with proposed phases ___________________ (particulars) of ___________________ County Condominium Corporation No. ________.

Dated at __________________, _____________, 20___.

____________________________

(signature of declarant

or authorized officer of declarant)

Form 25: Notice of Breach of Condominium Corporation’s Declaration,

By-laws, or Common-Element Rules

(Section 44C of the Condominium Act)

To: _____________, owner of Unit _______ in _____________ County Condominium Corporation No. _____

And to: ____________________, tenant of _________________________ (owner), in Unit __________ in ______________ County Condominium Corporation No. ________

The Board of Directors of ______________ County Condominium Corporation No. ________ has determined that _______________________, the tenant of Unit _______ is in breach of the Condominium Corporation’s

[ ] declaration

[ ] by-laws

[ ] common-element rules

In particular, (set out particulars of breach)

________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

You have 15 days to resolve this matter to the satisfaction of the Board of Directors. If you do not do so, the Board may apply to the Director of Residential Tenancies for an order evicting ______________________ (name of tenant) from Unit _______, in accordance with Section 13 of the Residential Tenancies Act and Section 44 D of the Condominium Act.

You are directed to contact the undersigned, who is the Board’s representative in this matter.

___________________________________

Name

Position

Contact Information

Affidavit of Service

I, ______________(name), of ______________________ (civic address), make oath/affirm that I served ______________________ (name of person served) on ________________ (date) with a true copy of the attached notice by _________________ (details of service – may be served on tenant by personal service or by leaving at unit; may be served on owner by personal service or by regular mail).

Sworn to/Affirmed at )

______________________________ ) (signature)

on _________________ (date), before ) ___________________________________

_______________________________ ) (printed name)

Commissioner of the Supreme Court of )

Nova Scotia )

Form 26: Application to Condominium Dispute Officer to Hear Dispute

Between Condominium Corporation and Unit Owner

(under Section 33 of the Condominium Act and Section 82A of the Condominium Regulations)

File No. ____________

Important dates for applicant:
Date of application: (date application is submitted)
Deadline for delivering application and supporting documents to respondent: (10 days after date of application)
Deadline for returning affidavit of service to condominium dispute officer:	10 days after application delivered to respondent
Hearing date: (if necessary)

Applicant and respondent contact information:

[ ] Applicant

[ ] Respondent

____________________ County Condominium Corporation No. ________

contact person:

address:

phone number:

e-mail address:

[ ] Applicant

[ ] Respondent

Name: ____________________________________________, owner of Unit No. _______ in ________________ County Condominium Corporation No. ____

address:

phone number:

e-mail address:

Hearing location:

(to be filled in by Office of Service Nova Scotia)

To the respondent:

Take notice that the applicant has applied to have a condominium dispute officer hear a dispute between you and the applicant. The details about the dispute are set out in this application and in the attached information. If you want to respond to the application, you must send the condominium dispute officer a written response and deliver it to the hearing location no later than 10 days after the date you received this application, and give a copy of your response to the applicant. If you do not respond, an order can be made without your input.

Information on the powers of the condominium dispute officer are set out in this application. For further information on the process, please contact Office of Service Nova Scotia at:

(contact information for Department)

Application details:

The Applicant asks the condominium dispute officer to hear a dispute regarding (check applicable box)

[ ] a breach of the by-laws about use of the common elements and/or units

[ ] the condominium corporation failing to provide records of the corporation as required

[ ] enforcement of the condominium corporation’s rules about use of common elements

In particular, (Set out details of dispute. Use a separate piece of paper if necessary.)

Supporting documentation (list below and attach copies)

Powers of the condominium dispute officer:

A condominium dispute officer can hear certain disputes between a condominium corporation and a unit owner.

A condominium dispute officer may decide the dispute based on the written submissions of the parties without holding an oral hearing.

A condominium dispute officer has the power to make an order, and may do any of the following in the order:

• direct a condominium corporation to perform any of its duties under the Condominium Act, including maintaining and providing copies of corporate and financial records and enforcing condominium rules

• direct a condominium corporation to pay a fine for non-compliance

• set the fees that can be charged by a corporation for providing records

• direct a unit owner to comply with a by-law or rule and pay a fine for non-compliance

• split the application fee between the applicant and respondent

A condominium dispute officer’s order can be made into an order of the Supreme Court of Nova Scotia and enforced as an order of the court.

(See Section 33 of the Condominium Act and Sections 82A and 82B of the Condominium Regulations)

Affidavit of Service:

I, ______________ (name), of ____________________ (civic address), make oath/affirm that I served _______________________ (name of person served) on _________________ (date) with a true copy of the attached application and the supporting documentation by _____________________ (details of personal service or registered mail).

Sworn to/Affirmed at

________________________________) (signature)

on _________________ (date), before ) _____________________________________________

________________________________) (printed name)

Commissioner of the Supreme Court of )

Nova Scotia )

Form 27:

Notice of Appeal of Decision of Condominium Dispute Officer

(under Section 33 of the Condominium Act and Section 82D of the Condominium Regulations)

File No. _____________

Important dates for applicant:
Decision of condominium dispute officer (date and file number):
Date appeal filed: (date notice of appeal is submitted)
Deadline for delivering notice of appeal and supporting documents to respondent: (10 days after date appeal filed)
Deadline for returning affidavit of service to condominium appeals officer:	10 days after notice of appeal delivered to respondent
Hearing date: (if necessary)

Appellant and respondent contact information:

[ ] Appellant

[ ] Respondent

_____________ County Condominium Corporation No. ________

contact person:

address:

phone number:

e-mail address:

[ ] Appellant

[ ] Respondent

Name: __________________________________, owner of Unit No. _______ in ________________ County Condominium Corporation No. ________

address:

phone number:

e-mail address:

Hearing location:

(to be filled in by Office of Service Nova Scotia)

To the respondent:

Take notice that the appellant is appealing the attached decision of the condominium dispute officer. The applicant’s reasons for appealing are set out in this notice and in the attached information. If you want to respond to the appeal, you must send the condominium appeals officer a written response and deliver it to the hearing location no later than 10 days after the date you receive this notice, and give a copy of your response to the appellant. If you do not respond, an order can be made without your input.

Information on the powers of the condominium appeals officer are listed on this notice. For further information on the process, please contact Office of Service Nova Scotia at:

(contact information for Department)

Reasons for the appeal:

The appellant says that the decision of the condominium dispute officer must be varied or rescinded because the condominium dispute officer made an error of (check any applicable box)

[ ] jurisdiction

[ ] law

In particular, (Set out details of reasons for appeal. Use a separate piece of paper if necessary.)

Supporting documentation (list below and attach copies)

(You must include copies of documentation filed in the application, including application and attachments, response, and decision of condominium dispute officer)

Powers of the condominium appeals officer

A condominium appeals officer can hear appeals of condominium dispute officers’ decisions on disputes between a condominium corporation and a unit owner.

A condominium appeals officer may decide an appeal based on the written submissions of the parties without holding an oral hearing. A condominium appeals officer cannot hear the entire dispute again and can only hear appeals of decisions on the basis of an error of law or jurisdiction.

A condominium appeals officer has the power to make an order, and may do any of the following in the order:

• confirm the condominium dispute officer’s decision, if no error of law or jurisdiction is found

• vary the condominium dispute officer’s decision, based on an error of law or jurisdiction, and make any order that the condominium dispute officer could have made

• rescind the condominium dispute officer’s decision, if an error of jurisdiction is found

• split the fees charged for the appeal between the appellant and respondent (maximum fees are $1000/day for the hearing and $150/hour for writing the decision)

A condominium appeals officer’s order can be made an order of the Supreme Court of Nova Scotia and enforced as an order of the court.

(See Section 33 of the Condominium Act and Sections 82D and 82E of the Condominium Regulations)

___________________________________________________________________________________

Affidavit of Service:

I, ______________ (name), of ______________________ (civic address), make oath/affirm that I served_________________________ (name of person served) on ___________________ (date) with a true copy of the attached Notice of Appeal and the supporting documentation by __________________________ (details of personal service or registered mail).

Sworn to/Affirmed at	)	(signature)
	)	(printed name)
on _________________ (date), before	)
	)
Commissioner of the Supreme Court of Nova Scotia	)

[Note: The references to the Department of Service Nova Scotia and Municipal Relations has been updated in accordance with Order in Council 2014-71 under the Public Service Act, R.S.N.S. 1989, c. 376, effective April 1, 2014.]

Form 28: Notice of Proposed Condominium Rule Change by Board of Directors

(under subsection 24(1B) of the Condominium Act)

To: __________________, owner of Unit ________ in _____________ County Condominium Corporation No. ________

The Board of Directors of ______________ County Condominium Corporation No. ________ gives you notice that it is proposing to change the rules of the Condominium Corporation, by (choose all applicable boxes):

[ ] creating a new rule

[ ] amending an existing rule

[ ] repealing an existing rule

In particular, (set out rule change)

Take notice that if you do not agree with the proposed rule change, you have until (fill in date – 15 days from date that the notice is sent by regular mail) to return the attached notice of objection to the Board by delivering it to the Board’s representative at the address set out on this form.

Under the provisions of the Condominium Act, the rule change takes effect immediately if the Board does not receive any notice of objection by the deadline stated above, and remains in effect until it is ratified by a majority of members present at the next general meeting of the condominium corporation members.

If you have any questions about the proposed rule change, contact the following, who is the Board’s representative in this matter:

(signature)

(name)

(position)

(contact information)

Notice of objection

I, _______________________, owner of Unit___________ give notice that I object to the proposed rule change.

____________________________

(signature of owner)

The current consolidation of the Condominium Regulations made under the Condominium Act includes all of the following regulations:

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
60/1971	Nov 30, 1971	date specified	unpublished¹
139/1973	Apr 16, 1973	date made	unpublished¹
254/1983²	Nov 29, 1983	date made	Dec 15, 1983
35/1974	Mar 19, 1974	date made	unpublished¹
101/1984³	May 15, 1984	date made	May 31, 1984
275/1984	Nov 20, 1984	date made	Dec 17, 1984
45/1989	May 1, 1989	date specified	Apr 20, 1989
96/1992⁴	Apr 22, 1992	date specified	May 15, 1992
94/1994	May 31, 1994	date made	Jun 24, 1994
95/1994	May 31, 1994	date made	Jun 24, 1994
6/1997	Jan 21, 1997	date made	Feb 14, 1997
77/1997	Jul 2, 1997	date made	Jul 18, 1997
21/2000	Feb 16, 2000	date made	Mar 10, 2000
88/2007	May 1, 2007	date specified	Mar 30, 2007
143/2008	Jun 1, 2008	date specified	Apr 18, 2008
85/2009	Apr 1, 2009	date specified	Apr 14, 2009
58/2011	Jun 1, 2011	date specified	Apr 15, 2011
230/2011	Sep 1, 2011	date specified	Jul 29, 2011
84/2013	Apr 1, 2013	date specified	Apr 12, 2013
82/2015	Apr 1, 2015	date specified	Apr 8, 2015
205/2022	Aug 30, 2022	date specified	Sep 9, 2022
89/2023	May 23, 2023	date specified	Jun 2, 2023
150/2024	Aug 30, 2024	date specified	Aug 9, 2024

*See subsection 3(6) of the Regulations Act for rules about in force dates of regulations.

ad. = added am. = amended	fc. = fee change ra. = reassigned	rep. = repealed rs. = repealed and substituted
1(2)(a)...............................................	am. 230/2011; ra. as 1(2)(da) 230/2011
1(2)(a)...............................................	ad. 230/2011
1(2)(aa).............................................	ad. 230/2011
1(2)(c)...............................................	rep. 45/1989
1(2)(da).............................................	ra. from 1(2)(a) 230/2011
1(2)(f)...............................................	am. 230/2011
1(2)(i)...............................................	ra. as 1(2)(j) 6/1997
1(2)(i)...............................................	ad. 6/1997
1(2)(j)...............................................	ra. from 1(2)(i) 6/1997
2 ........................................................	rs. 230/2011
3 ........................................................	ra. from 3(1) 230/2011; am. 230/2011
3(a)..............................................	am. 230/2011; ra. 3(b) 230/2011
3(a)..............................................	ad. 230/2011
3(b)..............................................	rep. 230/2011
3(b)..............................................	ra. from 3(a) 230/2011
3(c)..............................................	am. 230/2011
3(d)..............................................	am. 230/2011; rs. 89/2023
3(1)...................................................	ra. as 3 230/2011
3(1)(d).........................................	am. 21/2000
3(2)...................................................	rep. 230/2011
3(2)(b)-(c)....................................	am. 21/2000
3(2)(e)..........................................	am. 21/2000
3(3)..............................................	ra. from 3 230/2011
4(1)...................................................	rs. 205/2022
4(2)...................................................	am. 230/2011
4A.....................................................	ad. 6/1997; am. 230/2011
5 ........................................................	am. 230/2011
6 ........................................................	rep. 230/2011
7........................................................	rs. 205/2022
8 ........................................................	am. 230/2011
9(1)-(2).............................................	am. 205/2022
9(4)...................................................	am. 205/2022
10-11.................................................	rep. 205/2022
12(1).................................................	am. 45/1989; rs. 230/2011
12(2)-(3)...........................................	am. 230/2011
13......................................................	am. 21/2000, 230/2011
14(1)-(2)...........................................	am. 230/2011
15(1).................................................	am. 205/2022
15(3A)..............................................	ad. 205/2022
16-18.................................................	rep. 205/2022
19......................................................	am. 230/2011; rep. 205/2022
20(2).................................................	rs. 205/2022
21(1).................................................	am. 45/1989
21(1)(a)........................................	am. 21/2000; rep. 205/2022
21(1)(b).......................................	rep. 205/2022
21(1)(e)........................................	rs. 205/2022
21(1)(f)........................................	am. 230/2011, 205/2022
21(3)............................................	am. 205/2022
21(4)............................................	ad. 230/2011; am. 205/2022
22-23.................................................	rep. 205/2022
24......................................................	am. 230/2011; rep. 205/2022
25-26.................................................	rep. 205/2022
27......................................................	am. 205/2022
28-29.................................................	rep. 205/2022
30......................................................	rep. 205/2022
. 30(2)(c)...........................................	am. 230/2011
31......................................................	rs. 205/2022
32......................................................	rep. 205/2022
34-36.................................................	rep. 205/2022
38(1).................................................	am. 21/2000, 205/2022
38(2).................................................	am. 205/2022
38(3).................................................	am. 230/2011; rep. 205/2022
39......................................................	am. 205/2022
40......................................................	rs. 230/2011
. 40(2)...............................................	rs. 205/2022
40A...................................................	ad. 45/1989
40A(1).........................................	am. 21/2000, 205/2022
40A(3).........................................	am. 89/2023
41......................................................	rep. 230/2011
42......................................................	rs. 230/2011
43......................................................	rep. 230/2011
44......................................................	rs. 230/2011
45......................................................	rep. 230/2011
46......................................................	am. 230/2011
47......................................................	rep. 230/2011
48......................................................	rep. 230/2011
49......................................................	rs. 230/2011
50......................................................	am. 89/2023
51(1).................................................	am. 205/2022
52......................................................	am. 21/2000, 89/2023
53......................................................	am. 230/2011, 89/2023
54......................................................	ra. as 54(1) 21/2000
54(ba)..........................................	ad. 45/1989; rs. 6/1997
54(1)............................................	ra. from 54 21/2000; am. 21/2000, 89/2023
54(1)(b)-(d).................................	am. 230/2011
54(1A).........................................	ad. 230/2011
54(2)............................................	ad. 21/2000; am. 230/2011
54(2)(g).......................................	ad. 230/2011
54(3)............................................	ad. 21/2000; am. 230/2011
54A...................................................	ad. 254/1983²; am. 101/1984³; rep. 96/1992⁴ ad. 21/2000; am. 230/2011
54A(ba).......................................	ad. 230/2011; am. 89/2023
54A(c).........................................	rs. 230/2011
54A(g)-54A(j).............................	ad. 230/2011
55......................................................	am. 230/2011
55(a)............................................	am. 21/2000, 230/2011
55(b)............................................	am. 21/2000; rs. 230/2011
55(d)............................................	am. 21/2000, 89/2023
56(1).................................................	am. 21/2000
56(2).................................................	am. 230/2011
57(2)(b).............................................	am. 230/2011
57(2)(c).............................................	ad. 230/2011
57(3).................................................	rep. 230/2011
61......................................................	rs. 275/1984, 230/2011
62......................................................	rs. 275/1984; rep. 230/2011
62A..............................................	ad. 35/1974; rs. 275/1984; rep. 230/2011
62B..............................................	ad. 275/1984; rs. 230/2011
64......................................................	am. 21/2000, 230/2011
67......................................................	am. 230/2011
67A-67B...........................................	ad. 230/2011
69......................................................	rep. 21/2000
70......................................................	ad. 275/1984; am. 21/2000, 230/2011
70(b)............................................	am. 95/1994, 230/2011
70(c)............................................	rs. 21/2000
70(d)............................................	rep. 96/1992
70(d)............................................	ad. 21/2000; am. 230/2011
70(e)............................................	rs. 21/2000
70(f).............................................	ad. 6/1997; am. 230/2011
71......................................................	ad. 275/1984; rs. 96/1992; rep. 230/2011
71(c)............................................	rs. 21/2000
71(e)............................................	ad. 6/1997
71(f).............................................	ad. 21/2000
72......................................................	ad. 275/1984; rep. 96/1992
72......................................................	ad. 94/1994; am. 230/2011; rs. 89/2023
72A...................................................	ad. 21/2000
72A(b).........................................	am. 230/2011
72B...................................................	ad. 21/2000
72B(c)..........................................	am. 230/2011
72B(c)(i)-(ii)...............................	rep. 230/2011
73......................................................	ad. 45/1989; rs. 230/2011
73(c)............................................	am. 21/2000
74......................................................	ad. 45/1989; rs. 21/2000; rep. 230/2011
74(l).............................................	ad. 94/1994
74(m)...........................................	ad. 94/1994; am. 77/1997
75......................................................	ad. 45/1989; rs. 6/1997
75(1)............................................	am. 230/2011
75(1)(a)........................................	am. 230/2011
75(1)(a)(i)-(ii).............................	am. 230/2011
75(1)(b)-(c)..................................	am. 230/2011
75(1)(d)-(g).................................	ad. 230/2011
75(2)............................................	am. 230/2011
75(2)(a)........................................	rep. 230/2011
75(3)............................................	ad. 230/2011
75A...................................................	ad. 230/2011
76......................................................	ad. 6/1997, am. 77/1997, 21/2000, 230/2011
76(1)(b).......................................	am. 230/2011
76(1)(d).......................................	am. 21/2000, 230/2011
76(1)(f)-(g)..................................	ad. 77/1997
76(1)(h).......................................	ad. 77/1997; am. 230/2011
76(1)(h)(i)....................................	am. 230/2011
76(1)(h)(ii)..................................	rep. 230/2011
76(1)(i)........................................	ad. 77/1997
76(1)(j)........................................	ad. 77/1997; am. 230/2011
76(1)(k).......................................	ad. 77/1997; rep. 21/2000
76(2)............................................	am. 230/2011, 205/2022
76(2A).........................................	ad. 77/1997; rs. 21/2000, 205/2022
76(2B).........................................	ad. 77/1997
76(2C).........................................	ad. 77/1997; am. 230/2011
76(2C)(a).....................................	am. 230/2011
76(2D).........................................	ad. 77/1997; am. 21/2000, 230/2011
76(2E)..........................................	ad. 77/1997
76(5)............................................	am. 230/2011
76(5)(a)-(b)..................................	am. 230/2011
76(5)(c)........................................	ad. 230/2011
76(5A).........................................	ad. 230/2011
76(6)............................................	ad. 77/1997; am. 230/2011
76(6)(a)-(b)..................................	rep. 230/2011
76(7)............................................	ad. 230/2011
77......................................................	ad. 21/2000
77(2)............................................	am. 230/2011
77(4)............................................	ra. from 77(4)(b) 230/2011; am. 230/2011
77(4)(a)........................................	rep. 230/2011
77(4)(b).......................................	ra. as 77(4) 230/2011
77(5)............................................	am. 230/2011
78......................................................	ad. 21/2000; am. 230/2011
78(a)............................................	am. 230/2011, 89/2023
78(b)............................................	rep. 89/2023
78(d)............................................	ad. 230/2011
78A-78B...........................................	ad. 230/2011
79......................................................	ad. 21/2000
79(1)(a)-(b)..................................	am. 230/2011
80......................................................	ad. 21/2000; am. 230/2011; rep. 89/2023
81......................................................	ad. 21/2000; am. 230/2011
81(e)............................................	ad. 230/2011
82......................................................	ad. 21/2000
82(1)............................................	am. 230/2011
82(2)............................................	am. 230/2011
82(2)(a)........................................	am. 230/2011
82A-82B...........................................	ad. 230/2011
82C...................................................	ad. 230/2011
. 82C(1)............................................	am. 89/2023
82D-82G...........................................	ad. 230/2011
83......................................................	ad. 21/2000
Forms
Form 1-2...........................................	am. 21/2000; rep. 230/2011
Form 3..............................................	rep. 45/1989
Form 4..............................................	am. 21/2000; rep. 230/2011
Form 6..............................................	am. 21/2000; rep. 230/2011
Form 7..............................................	rs. 21/2000; rep. 230/2011
Form 8-9...........................................	am. 21/2000; rep. 230/2011
Form 10............................................	rs. 21/2000; rep. 230/2011
Form 11............................................	am. 21/2000; rep. 230/2011
Form 13-15.......................................	am. 21/2000; rep. 230/2011
Forms 16-23.....................................	ad. 21/2000; rep. 230/2011
Schedules
Schedule “A”....................................	rs. 21/2000
Schedule “B”....................................	rs. 139/1973, 21/2000, 84/2013, 82/2015
1 ..................................................	ra. as 1(1) 230/2011
1(a)(i)-(iii)...................................	fc. 88/2007, 143/2008, 85/2009, 58/2011
1(b)(i)-(iii)...................................	fc. 88/2007, 143/2008, 85/2009, 58/2011
1(c)-(i).........................................	fc. 88/2007, 143/2008, 85/2009, 58/2011
1(j)(i)-(iii)....................................	fc. 88/2007, 143/2008, 85/2009, 58/2011
1(1)..............................................	ra. from 1 230/2011
1(1)(a)..........................................	rs. 150/2024
1(1)(b).........................................	rs. 150/2024
1(1) (b)(ii)...................................	am. 230/2011
1(1)(g).........................................	am. 230/2011
1(1)(ga)........................................	ad. 230/2011
1(1)(gb).......................................	ad. 230/2011
1(1)(j)..........................................	rep. 230/2011
1(1)(k)-(n)...................................	ad. 230/2011
1(2)..............................................	ad. 230/2011; rs. 150/2024
2 ..................................................	ra. from 2(1) 230/2011; am. 230/2011
2(1)..............................................	ra. as 2 230/2011
2(1)(a)-(c)....................................	fc. 88/2007, 143/2008, 85/2009, 58/2011
3(a)-(c)........................................	fc. 88/2007, 143/2008, 85/2009, 58/2011
Schedule “C” (Forms 1-28)..............	ad. 230/2011
Form 2.........................................	rs. 205/2022
Form 11.......................................	am. 89/2023

	Note	Effective date
1	Regulations in effect on April 1, 1977, and filed with the Registrar before March 31, 1978, are exempt from publication under subsection 24(2) of the Regulations Act.
2	N.S. Reg. 254/1983 was made by O.I.C. 83-1397 as a separate regulation and not an amendment to N.S. Reg. 60/1971. The text of the regulation was added to this consolidation as s. 54A.
3	N.S. Reg. 101/1984 amends N.S. Reg. 254/1983 (see note #2). For the purposes of this consolidation, it has been treated as an amendment to s. 54A.
4	N.S. Reg. 275/1984 does not expressly repeal N.S. Reg. 254/1983 and 101/1984, but it amends the base regulation N.S. Reg. 60/1971 by adding the text from those regulations as part of the new s. 71. This effectively made s. 54A redundant, but the provision was not removed from this consolidation (see notes #1 and #2). N.S. Reg. 96/1992 later purports to repeal s. 54A of the base regulations, so for the purposes of this consolidation, s. 54A is removed.

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.

Condominium Regulations	N.S. Reg. 60/1971
Condominium 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.