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Community Easements Regulations

made under Section 16 of the

Community Easements Act

S.N.S. 2012, c. 2

O.I.C. 2013-233 (July 9, 2013), N.S. Reg. 248/2013


Citation

1     These regulations may be cited as the Community Easements Regulations.


Application of these regulations

2     These regulations apply only with respect to community easements other than recreational-use easements.


Definitions for regulations and Act

3     (1)    In these regulations,

 

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

 

                (b)    “designated” means designated as an eligible body in accordance with clause 8(1)(f) of the Act; and

 

                (c)    “land”, in relation to a community easement, means the land over which the community easement is granted.

 

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


Applying for designation

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

 

       (2)    An application for designation must include all of the following:

 

                (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 the organization’s 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 bylaws of the organization confirming that 1 of its primary purposes is a purpose listed in subsection 4(2) of the Act.


Minister may recommend designation

5     If the Minister is satisfied that an organization that applies for designation is eligible to be designated, 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.


Minister may recommend revocation of designation

6     The Minister may recommend to the Governor in Council that a designation 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 4(2)(a);

 

                (b)    fails to maintain current registration and good standing in accordance with the criteria set out in clause 4(2)(b);

 

                (c)    amends its bylaws or objects so that they no longer are consistent with clause 4(2)(d); or

 

(d)contravenes the Act or these regulations.


Required content for community easement

7     (1)    In addition to the content required by the Act, a community easement must contain all of the following:

 

                (a)    information that demonstrates the capacity of the easement holder to monitor and enforce the community easement and carry out any necessary remediation of the land;

 

                (b)    a statement describing the current use of the land;

 

                (c)    a description outlining the natural, scenic, open space, archaeological, paleontological, historic, cultural, agricultural, working forest or wetland value of the land;

 

                (d)    a provision providing a right of access to the easement holder as determined between the parties.

 

       (2)    A community easement may be in the form available from the Department of Natural Resources.





Schedule A


List of Organizations Designated as Eligible Bodies

under the Community Easements Act



The following are designated as eligible bodies for the purpose of clause 8(1)(f) of the Act:

 

Annapolis Valley Farmland Trust Society

 

Climb Nova Scotia Association

 

Heritage Trust of Nova Scotia

 

Industrial Heritage Nova Scotia Society