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Natural Resources Ministerial Land Transactions Regulations

made under Section 6 of the

Court and Administrative Reform Act

S.N.S. 1996, c. 23

O.I.C. 2005-94 (March 4, 2005), N.S. Reg. 75/2005

as amended by 2011-302 (August 2, 2011), N.S. Reg. 250/2011


Citation

1     These regulations may be cited as the Natural Resources Ministerial Land Transactions Regulations.

Section 1 amended: O.I.C. 2011-302, N.S. Reg. 250/2011.


Definitions

2     In these regulations,

 

                (a)    “Act” means the Court and Administrative Reform Act;

 

                (b)    “certificate” means a certificate of non-interest under Section 37 of the Crown Lands Act or a certificate of release as defined in Section 11 of the Land Titles Clarification Act;

Clause 2(b) amended: O.I.C. 2011-302, N.S. Reg. 250/2011.

 

                (c)    “Department” means the Department of Natural Resources; and

 

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


Assignment of authority

3     In accordance with the Act, the Minister is hereby assigned the authority to

 

                (a)    acquire and dispose of real property or interests in real property under the Crown Lands Act and the Wildlife Act; and

 

                (b)    issue certificates.


Purpose of regulations

4     The purpose of these regulations is to provide, in accordance with Section 3 of the Act, the policies and procedures to govern the acquisition and disposition of real property or interests in real property by the Minister under the Crown Lands Act and the Wildlife Act and the issuance of certificates by the Minister.


Limitations on acquisitions and dispositions

5     (1)    Acquisitions and dispositions of real property or interests in real property made by the Minister under these regulations are subject to the following limitations:


Crown Lands Act Reference

Transaction

Limitation

Clause 7(a)

acquisition by purchase of land or interest in land

not to exceed $100 000 in value

Clause 7(a)

acquisition by gift of land or interest in land

not to exceed $100 000 in value

Clause 7(d)

acquisition of easement or right of way across privately owned land

not to exceed 10 ha or $100 000 in value

Subsection 8(1)

acquisition by way of acceptance of transfer of administration and control of land from the Government of Canada or an agency thereof

not to exceed $100 000 in value

Clause 16(1)(a)

disposition of Crown land or interest in Crown land by way of grant, deed or conveyance other than lease or license

not to exceed $25 000 in value

Clause 16(1)(a)

disposition of Crown land or any interest in Crown land by way of lease or license

not to exceed 10 ha

Clause 16(1)(b)

disposition by way of easement or right of way with respect to Crown lands upon such terms or conditions as the Minister considers appropriate

not to exceed $25 000 in value

Clause 16(1)(c)

disposition of Crown land by way of transfer of administration and control to the Government of Canada or an agency thereof

not to exceed $25 000 in value

Wildlife Act Reference

Transaction

Limitation

Section 13

acquisition of land by way of purchase or conveyance other than lease for the purpose of access to or the protection, management or conservation of wildlife

not to exceed $100 000 in value

 

       (2)    The issuance of a certificate is limited to an area of land not exceeding 200 ha.


Market value requirement and prohibitions

6     (1)    An acquisition or disposition made by the Minister under these regulations must be based on market value.

 

       (2)    The Minister must not purchase real property at more than 10% above market value without the approval of the Governor in Council.

 

       (3)    The Minister must not sell real property at less than market value without the approval of the Governor in Council.


Acceptable methods and conditions of sale

7     (1)    When the Minister disposes of real property under these regulations by way of sale, the property must be sold by direct sale to

 

                (a)    a municipality, agency, non-profit group or community organization, if the applicant demonstrates to the satisfaction of the Minister, in a written application to purchase, that the transaction will result in a public benefit;

 

                (b)    support or promote economic activity, if the applicant demonstrates to the satisfaction of the Minister, in a written application to purchase, that the applicant has been unable to purchase suitable private land; or

 

                (c)    alleviate undue hardship or in extenuating circumstances, if the applicant demonstrates the undue hardship or extenuating circumstances to the Minister’s satisfaction, in a written application to purchase, and the Minister is also satisfied that the sale will benefit the Crown.

 

       (2)    If the Minister receives more than one application for a property sold under subsection (1), the Minister must determine, in the Minister’s sole discretion, the applicant to whom the property will be sold.


Procedure for issuance of certificates

8     Before issuing a certificate, the Minister must have received and considered a report respecting the use and occupation of the land and concluded that a person, known or unknown, has acquired rights or claim by possession in or to Crown lands.


Conflict of interest

9     (1)    Each non-governmental party to an acquisition or disposition or the issuance of a certificate by the Minister under these regulations is required to provide a sworn 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 an acquisition or disposition or the issuance of a certificate 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 an acquisition or disposition or the issuance of a certificate 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.


Prohibition against acquiring leasehold interests

10   The Minister must not acquire a leasehold interest in real property without the approval of the Governor in Council.


Identification of property as a significant wildlife habitat

11   (1)    Biologists employed by the Department must review each proposed disposition of land or an interest in land under these regulations and advise the Minister in writing whether the land is a significant wildlife habitat.

 

       (2)    If the Minister is advised under subsection (1) that land is a significant wildlife habitat, the Minister will identify the land as a significant wildlife habitat and maintain a list of all land identified.


Prohibition against sale of property identified as significant wildlife habitat

12   Real property identified as a significant wildlife habitat must not be sold without the approval of the Governor in Council.


Public notice required

13   Public notice of acquisitions and dispositions made by the Minister under these regulations must be given

 

                (a)    through a detailed list in an annual report issued by the Department; and

 

                (b)    through a list published in the Royal Gazette Part I on a regular basis.


Notification to Governor in [Executive] Council

14   (1)    One week before approving any disposition under these regulations, the Minister must provide the Executive Council with notice of the proposed transaction.

Subsection 14(1) amended: O.I.C. 2011-302, N.S. Reg. 250/2011.

 

       (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.