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Designation of Eligible Bodies Regulations

made under Section 16 of the

Conservation Easements Act

S.N.S. 2001, c. 28

O.I.C. 2002-32 (effective January 18, 2002), N.S. Reg. 12/2002

amended to O.I.C. 2014-195 (effective May 27, 2014), N.S. Reg. 75/2014



Table of Contents


Please note: this table of contents is provided for convenience of reference and does not form part of the regulations.
Click here to go to the text of the regulations.

 

Citation

Definitions

Application

Recommendation for designation

Revocation of designation

Schedule “A” List of Organizations Designated as Eligible Bodies under the Conservation Easements Act


Citation

1       These regulations may be cited as the Designation of Eligible Bodies Regulations.


Definitions

2       (1)     In these regulations

 

                   (a)   “Act” means the Conservation Easements Act;

 

                   (b)  “designated” means, with respect to an organization, designated as an eligible body in accordance with clause 16(1)(b) of the Act;

 

                   (c)   “Minister” means the Minister of Natural Resources.

 

         (2)     For the purposes of clause 7(c) of the Act, “drawing” means a drawing prepared by a Nova Scotia Land Surveyor.


Application

3       (1)     An organization may apply to the Minister to be designated.

 

         (2)     An application made pursuant to subsection (1) must include

 

                   (a)   proof that the organization has been legally incorporated without purpose of gain for its members under legislation that requires that any profits or other benefits to the organization be used solely to promote its objectives;

 

                   (b)  proof of current registration and good standing issued by the Registrar of Joint Stock Companies or equivalent authority in the jurisdiction in which the organization was incorporated or registered;

 

                   (c)   if the organization was incorporated outside the Province, the name and address of a person residing within the Province to whom any communications and notices may be sent;

 

                   (d)  a copy of the objects and by-laws of the organization confirming that

 

                           (i)     the objects are

 

                                    (A)   directed to purposes that are beneficial to the public, and

 

                                    (B)   consistent with the purposes of a conservation easement as provided for in the Act, and

 

                           (ii)    upon the dissolution, surrender or winding-up of the organization, or upon the revocation of its designation, the organization will make all reasonable efforts to have any easement or covenant acquired by the organization pursuant to the Act assigned to the Minister or another eligible body; and

 

                   (e)   a fee in the amount of $25.00.


Recommendation for designation

4       If the Minister is satisfied that an organization that applies pursuant to Section 3 has complied with these regulations, the Minister may approve the application and recommend to the Governor in Council that the organization be designated and that its name be added to Schedule “A”.


Revocation of designation

5       A designation may be revoked and the organization’s name removed from Schedule “A” if the designated organization

 

                   (a)   fails to remain legally incorporated in accordance with the criteria set out in clause 3(2)(a);

 

                   (b)  fails to maintain current registration and good standing in accordance with the criteria set out in clause 3(2)(b);

 

                   (c)   amends its objects so that they are no longer directed to purposes that are beneficial to the public or are no longer consistent with the purposes of a conservation easement as provided for in the Act; or

 

                   (d)  contravenes the Act or these regulations.


Schedule “A”

List of Organizations Designated as Eligible Bodies

under the Conservation Easements Act


American Friends of Canadian Land Trusts

Archaeological Land Trust of Nova Scotia Society

Ecology Action Centre

Nova Scotia Nature Trust (originally designated by Order in Council 95-160)

Nature Conservancy of Canada (originally designated by Order in Council 95-91)

Bras d'Or Preservation Foundation (originally designated by Order in Council 93-944)

Ducks Unlimited Canada (originally designated by Order in Council 94-998)

Federation of Nova Scotia Naturalists (originally designated by Order in Council 95-451)

Kingsburg Coastal Conservancy Association (originally designated by Order in Council 97-235)

Blomidon Naturalists Society (originally designated by Order in Council 97-235)

Shubenacadie Canal Commission (originally designated by Order in Council 2000-146)

 


Legislative History
Reference Tables

Designation of Eligible Bodies Regulations

N.S. Reg. 12/2002

Conservation Easements 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 Designation of Eligible Bodies Regulations made under the Conservation Easements Act includes all of the following regulations:

N.S.
Regulation

In force
date*

How in force

Royal Gazette
Part II Issue

12/2002

Jan 18, 2002

date specified

Feb 22, 2002

177/2006

Sep 7, 2006

date specified

Sep 29, 2006

435/2007

Nov 13, 2007

date specified

Dec 7, 2007

48/2009

Feb 25, 2009

date specified

Mar 13, 2009

75/2014

May 27, 2014

date specified

Jun 13, 2014

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

2 ........................................................

ra. as 2(1) 75/2014

2(1)..............................................

ra. from 2 75/2014

2(2)..............................................

ad. 75/2014

Schedule “A”....................................

am. 177/2006, 435/2007, 48/2009

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

Editorial Notes and Corrections:

 

Note

Effective
date

1

The reference to the Minister of Natural Resources in clause 2(1)(c) should be read as a reference to the Minister 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

86/1993

Conservation Organizations and Natural Areas Designation Regulations

Jun 10, 1993

Jan 18, 2002

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.