Land Titles Initiative Regulations
made under Section 9 of the
Land Titles Clarification Act
R.S.N.S. 1989, c. 250
O.I.C. 2022-176 (effective July 5, 2022), N.S. Reg. 123/2022
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.
Interpretation
Citation
Definitions
Land Titles Initiative Commissioners
Qualifications of Land Titles Initiative commissioners
Term of commissioners
Commissioner must provide written reasons
Fair valuation of real property and real property interests
Appraisal must account for undervaluation of properties
Annual report
Arbitrations by Commissioners
Pre-arbitration meeting
Arbitrations proceed under Commercial Arbitration Act
No appeal from arbitration
Commissioner is arbitral panel
Parties may not by agreement remove commissioner from arbitration
Referral of matter to another commissioner for conflict of interest and other issues
Notice of challenge or application
Appointing expert
Applicable laws
Mediation after arbitration has begun
Arbitral procedure
Records
Interpretation
Citation
1 These regulations may be cited as the Land Titles Initiative Regulations.
Definitions
2 In these regulations,
“Act” means the Land Titles Clarification Act;
“judge” means a judge of the Provincial Court of Nova Scotia, the Nova Scotia
Supreme Court, the Nova Scotia Court of Appeal, the Federal Court or the Federal
Court of Appeal;
“Minister” means the Minister responsible for the Office of Equity and
Anti-Racism Initiatives;
“Office” means of Office of Equity and Anti-Racism Initiatives.
Land Titles Initiative Commissioners
Qualifications of Land Titles Initiative commissioners
3 (1) An individual appointed under Section 8C of the Act to be a commissioner must
meet all of the following qualifications:
(a) they must be a practising member, in good standing, of the Nova Scotia
Barristers’ Society or a retired judge;
(b) they must be from a historical African Nova Scotian community or
knowledgeable about the unique nature of African Nova Scotian
communities.
(2) The qualifications set out in subsection (1) are sufficient qualifications for the
purposes of a commissioner acting as an arbitrator under the Commercial
Arbitration Act.
Term of commissioners
4 A commissioner may be appointed for 3 years or less, and may be reappointed.
Commissioner must provide written reasons
5 (1) A commissioner must provide written reasons for any recommendation, decision to
award compensation, decision made respecting an arbitration or any other decision
or award made in relation to their duties under the Act.
(2) Except as provided in subsection (3), a commissioner must provide reasons no
more than 45 days after the date an arbitration, mediation or other process or
proceeding requiring reasons concludes.
(3) For extraordinary reasons, and in the commissioner’s discretion, a commissioner
may extend the deadline by which reasons must be provided by providing notice to
the parties of the extension.
Fair valuation of real property and real property interests
6 (1) A commissioner may retain a real property appraiser to assist in determining the
fair value of real property or a real property interest.
(2) The cost of an appraiser will be paid by the Minister.
Appraisal must account for undervaluation of properties
7 In determining fair value, an appraisal must account for any undervaluation of properties
in designated land titles clarification areas by means such as using sale values from
comparable non-racialized communities and any other means determined by a
commissioner.
Annual report
8 (1) A commissioner must submit an annual report to the Minister on or before
April 30 that provides a summary of the number and types of matters initiated and
the number and types of cases brought to resolution by the commissioner in the
previous government fiscal year.
(2) An annual report must be in a form required by the Minister and include any other
information the Minister may require.
(3) Commissioners may jointly or separately submit an annual report.
Arbitrations by Commissioners
Pre-arbitration meeting
9 No more than 45 days after the date a matter is referred to a commissioner, the
commissioner must hold a pre-arbitration meeting with the parties to set dates, procedure
and discuss any other subject the commissioner requires.
Arbitrations proceed under Commercial Arbitration Act
10 If a matter referred to a commissioner proceeds by way of an arbitration,
(a) the arbitration must be conducted in accordance with the Commercial
Arbitration Act; and
(b) these regulations and the relevant provisions of the Act form the arbitration
agreement for the purposes of subsection 3(3) of the Commercial
Arbitration Act.
No appeal from arbitration
11 There is no appeal from an arbitration proceeding undertaken by a commissioner for the
purposes of the Act.
Commissioner is arbitral panel
12 (1) If a matter that has been referred to a commissioner proceeds by way of arbitration,
the arbitral panel is the commissioner to whom the matter was referred.
(2) A commissioner may request that 1 or more other commissioners participate in an
arbitral panel and, if the other commissioner or commissioners agree, all of the
commissioners constitute the arbitral panel.
(3) If there is an even number of commissioners on an arbitral panel and the
commissioners’ decision does not achieve a majority, the decision and award of
the original commissioner is the majority decision and award.
Parties may not by agreement remove commissioner from arbitration
13 (1) Despite subsection 15(5) of the Commercial Arbitration Act, the parties may not
agree to remove a commissioner who is acting as an arbitrator.
(2) A party that has concerns respecting a commissioner may submit their concerns in
writing to the Minister.
Referral of matter to another commissioner for conflict of interest and other issues
14 If a commissioner declares a conflict of interest, requests a change of panel, ends their
term early or otherwise ceases to act as a commissioner, the Minister must refer the
matter to another commissioner and the new commissioner constitutes the arbitral panel.
Notice of challenge or application
15 (1) Further to subsection 3(2), a party may not challenge a commissioner acting on an
arbitral panel on the basis of not possessing qualifications under clause 15(1)(b) of
the Commercial Arbitration Act.
(2) If a party intends to submit to the arbitral panel a challenge of a commissioner
acting as an arbitrator under subsection 15(1) of the Commercial Arbitration Act,
the party must notify the Minister in writing at least 30 days in advance.
(3) If a party intends to apply to a court to seek a remedy under either subsection 15(7)
or Section 17 of the Commercial Arbitration Act, the party must notify the Minister
in writing at least 60 days in advance.
Appointing expert
16 A commissioner may appoint an expert to assist with an arbitration with or without
consulting the parties.
Applicable laws
17 The laws of the Province and the laws of Canada applicable to the Province are the laws
that a commissioner must apply in an arbitration.
Mediation after arbitration has begun
18 (1) If parties agree to adjourn an arbitration proceeding and refer the matters in dispute
to mediation, the Office will organize and administer the mediation, including
determining the mediation process.
(2) A commissioner may set a time limit on how long an arbitration proceeding may
be adjourned for the purposes of mediation.
Arbitral procedure
19 (1) A commissioner must determine the arbitration procedure to be used in the
arbitration.
(2) Without limiting subsection (1), a commissioner may adopt the arbitration
procedures set out in Schedule A or Schedule B to the Commercial Arbitration
Act, with any modifications the commissioner decides.
Records
20 (1) A commissioner must retain a record of an arbitration proceeding including
submissions, expert reports, decisions and awards and minutes of settlement from
mediation.
(2) In consultation with the Minister,
(a) the commissioners must establish reasonable records storage, security,
retrieval and other records-related standards;
(b) once the meditation, arbitration proceeding and any related proceedings
have concluded, the commissioners must transfer the records referred to in
subsection (1) to the Province as directed by the Minister.
The following regulations are not
yet in force and are not included in the current consolidation: