Transportation and Infrastructure Renewal Ministerial Land
Disposition Transactions Regulations
made under Section 6 of the
Court and Administrative Reform Act
S.N.S. 1996, c. 23
O.I.C. 2010-107 (effective March 15, 2010), N.S. Reg. 44/2010
Table of Contents
Please note: this table of contents is provided for convenience of reference and does not form part of the regulations.
Click here to go to the text of the regulations.
Citation
Definitions
Assignment of authority
Purpose of regulations
Limitations on dispositions
Market value requirement and prohibitions
Acceptable methods of sale
Conflict of interest
Identification of property as a significant wildlife habitat
Public notice required
Notification to Executive Council
Citation
1 These regulations may be cited as the Transportation and Infrastructure Renewal
Ministerial Land Disposition Transactions Regulations.
Definitions
2 In these regulations,
(a) “Act” means the Court and Administrative Reform Act;
(b) “Department” means the Department of Transportation and Infrastructure
Renewal; and
(c) “Minister” means the Minister of Transportation and Infrastructure Renewal.
Assignment of authority
3 In accordance with the Act, the Minister is hereby assigned the authority to dispose of real
property or interests in real property under the Surplus Crown Property Disposal Act.
Purpose of regulations
4 The purpose of these regulations is to provide, in accordance with Section 3 of the Act, the
procedures to govern the disposition of real property or interests in real property by the
Minister under the Surplus Crown Property Disposal Act.
Limitations on dispositions
5 Dispositions of real property or interests in real property made by the Minister under these
regulations are subject to the following limitations:
Surplus Crown
Property
Disposal Act
Reference
|
Transaction
|
Limitation
|
Subsection 11(1)
|
disposition of surplus real estate or interest in
surplus real estate by way of deed or conveyance
other than lease, easement or right of way
|
not to exceed
$25 000 in
value
|
Subsection 11(1)
|
disposition of surplus real estate or any interest in
surplus real estate by way of lease
|
not to exceed
10 ha
|
Subsection 11(1)
|
disposition by way of easement or right of way
with respect to surplus real estate upon such terms
or conditions as the Minister considers appropriate
|
not to exceed
$25 000 in
value
|
Market value requirement and prohibitions
6 (1) A disposition made by the Minister under these regulations must be based on market
value.
(2) The Minister must not sell real property at less than market value without the
approval of the Governor in Council.
Acceptable methods of sale
7 When the Minister disposes of real property under these regulations by way of sale, any of
the following are acceptable methods of sale:
(a) public tender;
(b) draw;
(c) listing with a licensed real estate agent;
(d) sale directly by government;
(e) court-ordered sale.
Conflict of interest
8 (1) Each non-governmental party to a disposition by the Minister under these
regulations is required to provide a declaration stating that they are not related to the
Minister, the Deputy Minister or any senior official in the Department.
(2) If a non-governmental party to a disposition by the Minister under these regulations
is a corporation, its duly authorized officials must execute and deliver to the
Department a statutory declaration stating that the corporation has no financial
relationship with the Minister, Deputy Minister or senior officials of the Department,
and that the Minister, Deputy Minister and senior officials are not major shareholders
in the corporation.
(3) If a party to a disposition by the Minister under these regulations is related to the
Minister, Deputy Minister or any senior official of the Department, the transaction is
subject to the approval of the Governor in Council.
Identification of property as a significant wildlife habitat
9 (1) The Department must ask the Department of Natural Resources to review each
proposed disposition of land or an interest in land under these regulations to
determine whether the land has been identified as a significant wildlife habitat and
the Department of Natural Resources must advise the Department in writing whether
the land has been identified as a significant wildlife habitat.
(2) Real property that has been identified as a significant wildlife habitat must not be
sold without the approval of the Governor in Council.
Public notice required
10 Public notice of dispositions made by the Minister under these regulations must be given
through a detailed list in an annual report issued by the Department.
Notification to Executive Council
11 (1) One week before approving any disposition under these regulations, the Minister
must provide the Executive Council with notice of the proposed transaction.
(2) A notice under subsection (1) must include all of the following:
(a) the name of the purchaser;
(b) the location and size of the property to be disposed of;
(c) the price of the proposed transaction.
The
following regulations are not yet in force and are not included in the current
consolidation: