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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 (March 9, 2010, March 15, 2010), N.S. Reg. 44/2010
1 These regulations may be cited as the Transportation and Infrastructure Renewal Ministerial Land Disposition Transactions Regulations.
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
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
disposition of surplus real estate or any interest in surplus real estate by way of lease
not to exceed 10 ha
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;
(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.