This consolidation is unofficial and is for reference only.  For the official version of the regulations, consult the original documents on file with the Registry 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 the Registry that are not yet included in this consolidation.
Although every effort has been made to ensure the accuracy of this electronic version, the Registry of Regulations assumes no responsibility for any discrepancies that may have resulted from reformatting.
This electronic version is copyright © 2010, 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 (March 9, 2010, March 15, 2010), N.S. Reg. 44/2010


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.