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 © 2009, 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.
Joint Stock Companies Electronic Filing Regulations
made under Sections 4, 5 and 16 of the
Business Electronic Filing Act
S.N.S. 1995-96, c. 3
O.I.C. 96-562 (July 17, 1996), N.S. Reg. 128/96
as amended up to O.I.C. 2003-552 (December 19, 2003, effective January 1, 2004), N.S. Reg. 224/2003
1 These regulations may be cited as the "Joint Stock Companies Electronic Filing Regulations".
2 In these regulations:
(a) "Act" means the Business Electronic Filing Act;
(b) "authorized agent" means a person authorized by the Minister with whom the Minister enters into an agreement to perform concurrently with the Registrar any function or service of the Registrar for purposes of these regulations;
(c) "designated enactment" means an enactment designated pursuant to these regulations;
(d) "designated offices" means the offices of the Province designated from time to time by the Governor in Council to provide services to the public on behalf of the Registrar and includes the offices designated in Section 12;
(e) "Registrar" means the Registrar of Joint Stock Companies or such person as may be authorized by the Governor in Council or the Minister to perform any function or service of the Registrar.
3 The following Acts are designated as designated enactments for the purpose of the Act:
(a) the Companies Act;
(b) the Corporations Registration Act;
(c) the Corporations Securities Registration Act;
(d) the Limited Partnerships Act;
(e) the Partnerships and Business Names Registration Act;
(f) the Private Investment Holding Companies Act; and
(g) the Societies Act.
4 For purposes of the provisions of the following Acts as they relate to filings and administrative responsibilities of the Registrar, the following are hereby designated as designated enactments to the extent necessary to meet the intents and purposes of these regulations:
(a) the Blueberry Associations Act;
(b) the Children's and Family Services Act;
(c) the Condominium Act;
(d) the Co-operative Associations Act;
(e) the Credit Union Act;
(f) the Farmers' Fruit, Produce and Warehouse Associations Act;
(g) the Married Women's Property Act;
(h) the Matrimonial Property Act;
(i) the Municipal Act;
(j) the Mutual Insurance Companies Act;
(k) the Nova Scotia Power Privatization Act;
(l) the Pharmacy Act;
(m) the Railways Act;
(n) the Rural Telephone Act;
(o) the Towns Act; and
(p) the Trust and Loan Companies Act.
5 The Registrar is authorized to accept, register, maintain, store and reproduce any information, forms or documents that are required to be filed by businesses with the Registrar under a designated enactment, in electronic or other machine-readable format either by optical scanning, by direct electronic transmission, or by key data entry in one or more databases established or operated by the Registrar, and for the purposes of the Act and any designated enactments, the electronic database or databases are deemed to be the register or other official record, if any, required to be kept by the Registrar under those enactments.
6 Any information, forms, or documents that are required to be filed by businesses with the Registrar under a designated enactment shall be presented for filing in a format suitable for optical scanning in all cases where the Registrar requires a permanent digital optical reproduction of an original document.
7 The Registrar of Joint Stock Companies may permit a person to have on-line access to the electronic database or databases for the purpose of examining any information, form, or document that businesses are authorized to access under a designated enactment, where that person is authorized to do so by the Minister, or is a member of a class of persons that is authorized to do so by the Minister, and has entered into an agreement with the Registrar of Joint Stock Companies on terms and conditions approved by the Minister.
8 Any information, forms, or documents that are required to be filed by businesses with the Registrar under a designated enactment may be filed with the Registrar by an authorized agent or by presentation of the information, form, or document at a designated office in the form and as directed by the Registrar.
9 Any information, forms, or documents that are required to be signed by a person for filing with the Registrar under a designated enactment may be filed with the Registrar if signed by electronic signature approved by the Registrar, or by electronically transmitted or reproduced signature.
10 Any forms that businesses are required to file under the Act or a designated enactment that are required to be signed under this Act or a designated enactment may be filed without signatures if the Registrar has established a procedure satisfactory to the Registrar to ensure that the forms accurately represent the information contained on a signed version of the form or in such circumstances where the Registrar considers that it is appropriate to accept the filing without signature in all the circumstances of the case.
11 When information forms or documents are filed in electronic format or by direct electronic transmission they are deemed to be filed with the Registrar at the time and on the date the electronic system confirms receipt of the information form or document and assigns the time and date of filing.
12 The following places are designated as places where information forms or documents may be filed with the Registrar:
(a) the Office of the Registrar;
(b) the Access Nova Scotia office in Sydney;
(c) the Access Nova Scotia office in Truro;
(d) the Access Nova Scotia office in Bridgewater;
(e) the Access Nova Scotia office in Yarmouth;
(f) the Access Nova Scotia office in Kentville;
(g) the Access Nova Scotia office in Halifax;
Clause 12(g) added: O.I.C. 97-789, N.S. Reg. 169/97.
(h) the Access Nova Scotia office in Dartmouth;
Clause 12(h) added: O.I.C. 97-789, N.S. Reg. 169/97.
(i) the Access Nova Scotia office in Antigonish;
Clause 12(i) added: O.I.C. 2003-552, N.S. Reg. 224/2003.
(j) the Access Nova Scotia office in Port Hawkesbury;
Clause 12(j) added: O.I.C. 2003-552, N.S. Reg. 224/2003.
(k) the Access Nova Scotia office in Amherst.
Clause 12(k) added: O.I.C. 2003-552, N.S. Reg. 224/2003.