Community Easements Regulations
made under Section 16 of the
Community Easements Act
S.N.S. 2012, c. 2
O.I.C. 2013-233 (effective July 9, 2013), N.S. Reg. 248/2013
amended to O.I.C. 2023-335 (effective November 28, 2023), N.S. Reg. 210/2023
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
Application of these regulations
Definitions for regulations and Act
Applying for designation
Minister may recommend designation
Minister may recommend revocation of designation
Required content for community easement
Citation
1 These regulations may be cited as the Community Easements Regulations.
Application of these regulations
2 These regulations apply only with respect to community easements other than
recreational-use easements.
Definitions for regulations and Act
3 (1) In these regulations,
(a)“Act” means the Community Easements Act;
(b) “designated” means designated as an eligible body in accordance with clause
8(1)(f) of the Act; and
(c) “land”, in relation to a community easement, means the land over which the
community easement is granted.
(2) In clause 7(c) of the Act, “drawing” means a drawing prepared by a Nova Scotia
Land Surveyor.
Applying for designation
4 (1) An organization may apply to the Minister to be designated.
(2) An application for designation must include all of the following:
(a) proof that the organization has been legally incorporated without purpose of
gain for its members under legislation that requires that any profits or other
benefits to the organization be used solely to promote its objectives;
(b) proof of the organization’s current registration and good standing issued by
the Registrar of Joint Stock Companies or equivalent authority in the
jurisdiction in which the organization was incorporated or registered;
(c) if the organization was incorporated outside the Province, the name and
address of a person residing within the Province to whom any
communications and notices may be sent;
(d) a copy of the objects and bylaws of the organization confirming that 1 of its
primary purposes is a purpose listed in subsection 4(2) of the Act.
Minister may recommend designation
5 If the Minister is satisfied that an organization that applies for designation is eligible to be
designated, the Minister may approve the application and recommend to the Governor in
Council that the organization be designated and that its name be added to Schedule A.
Minister may recommend revocation of designation
6 The Minister may recommend to the Governor in Council that a designation be revoked
and the organization’s name removed from Schedule A if the designated organization
(a) fails to remain legally incorporated in accordance with the criteria set out in
clause 4(2)(a);
(b) fails to maintain current registration and good standing in accordance with the
criteria set out in clause 4(2)(b);
(c) amends its bylaws or objects so that they no longer are consistent with clause
4(2)(d); or
(d)contravenes the Act or these regulations.
Required content for community easement
7 (1) In addition to the content required by the Act, a community easement must contain
all of the following:
(a) information that demonstrates the capacity of the easement holder to monitor
and enforce the community easement and carry out any necessary remediation
of the land;
(b) a statement describing the current use of the land;
(c) a description outlining the natural, scenic, open space, archaeological,
paleontological, historic, cultural, agricultural, working forest or wetland
value of the land;
(d) a provision providing a right of access to the easement holder as determined
between the parties.
(2) A community easement may be in the form available from the Department of
Natural Resources.
Schedule A
List of Organizations Designated as Eligible Bodies
under the Community Easements Act
The following are designated as eligible bodies for the purpose of clause 8(1)(f) of the Act:
Annapolis Valley Farmland Trust Society
Climb Nova Scotia Association
Heritage Trust of Nova Scotia
Industrial Heritage Nova Scotia Society
Nova Scotia Working Woodlands Trust
The following regulations are not yet in force and are
not included in the current consolidation: