This consolidation is unofficial and is for reference only.  For the official version of the regulations, consult the original documents on file with the Office of the Registrar of Regulations, or refer to the Royal Gazette Part II.
Regulations are amended frequently.  Please check the list of Regulations by Act to see if there are any recent amendments to these regulations filed with our office that are not yet included in this consolidation.
Although every effort has been made to ensure the accuracy of this electronic version, the Office of the Registrar of Regulations assumes no responsibility for any discrepancies that may have resulted from reformatting.
This electronic version is copyright © , Province of Nova Scotia, all rights reserved.  It is for your personal use and may not be copied for the purposes of resale in this or any other form.


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.

 


Legislative History
Reference Tables

Transportation and Infrastructure Renewal Ministerial Land Disposition Transactions Regulations

N.S. Reg. 44/2010

Court and Administrative Reform 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.

Source Law

The current consolidation of the Transportation and Infrastructure Renewal Ministerial Land Disposition Transactions Regulations made under the Court and Administrative Reform Act includes all of the following regulations:

N.S.
Regulation

In force
date*

How in force

Royal Gazette
Part II Issue

44/2010

Mar 15, 2010

date specified

Mar 26, 2010

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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

 

 

 

 

 

 

 

 

 

 

 

 

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

Amendments by Provision

ad. = added
am. = amended

fc. = fee change
ra. = reassigned

rep. = repealed
rs. = repealed and substituted

Provision affected

How affected

 

 

 

 

 

 

Note that changes to headings are not included in the above table.

Editorial Notes and Corrections:

 

Note

Effective
date

1

The references to the Department of Natural Resources in subsection 9(1) should be read as references to the Department of Lands and Forestry in accordance with Order in Council 2018-188 under the Public Service Act, R.S.N.S. 1989, c. 376.

Jul 5, 2018

 

 

 

 

 

 

Repealed and Superseded:

N.S.
Regulation

Title

In force
date

Repealed
date

 

 

 

 

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.