Civil Forfeiture Regulations

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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.
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This electronic version is copyright © 2011, 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.


Civil Forfeiture Regulations

made under Section 29 of the

Civil Forfeiture Act

S.N.S. 2007, c. 27

O.I.C. 2011-193 (May 31, 2011), N.S. Reg. 197/2011


Citation

1     These regulations may be cited as the Civil Forfeiture Regulations.


Definitions for Act and regulations

2     (1)    In these regulations,

 

“Act” means the Civil Forfeiture Act;

 

“Manager of Civil Forfeiture” means the Manager.

 

       (2)    In the Act and these regulations, “application” means an action or an application under the Civil Procedure Rules.


Forms of notices to be filed in registry of deeds for real property

3     (1)    For the purpose of subsection 24(1) of the Act, the prescribed form for filing a notice in the registry of deeds that a proceeding commenced may affect real property is Form 1.

 

       (2)    For the purpose of subsection 24(3) of the Act, the prescribed form for

 

                (a)    filing an amendment or extension of a notice filed in the registry of deeds under subsection 24(1) of the Act is Form 2;

 

                (b)    cancelling a notice filed in the registry of deeds under in subsection 24(1) of the Act is Form 3.


Forms of notices for registration in the personal property registry for personal property

4     (1)    For the purpose of subsection 24(2) of the Act, the prescribed manner for registering a notice in the personal property registry that a proceeding commenced may affect personal property is the same as the manner in which a financing statement under the Personal Property Security Act is registered.

 

       (2)    When registering a notice in accordance with subsection (1), the Manager must

 

                (a)    indicate that the secured party is an enterprise and enter the title “Manager of Assets, Civil Forfeiture Program” as the name of the secured party; and

 

                (b)    enter the following notice under the heading “Additional Information”:

 

Take notice that a court proceeding has been commenced under the Civil Forfeiture Act and that the legal ownership of the personal property, or the whole or a portion of an interest in the personal property, described in this registration may be affected by the proceedings. If a forfeiture order is granted in the court proceedings, it may result in a forfeiture of any interest in the property effective the date of this registration. Further information about this matter, or a copy of the documents by which this claim is made, may be obtained from the office of the Manager of Civil Forfeiture. The date of the commencement of the proceedings is _______, Court file number ________.

 

       (3)    For the purpose of subsection 24(3) of the Act, the prescribed manner for cancelling a notice registered in the personal property register under subsection 24(2) of the Act is the same as the manner in which a discharge of registration is made under Section 69 of the Personal Property Security Act General Regulations made under the Personal Property Security Act.


Persons to be notified and method of service (proceedings affecting real property)

5     (1)    Except as provided in subsection (2), for proceedings under Section 5 of the Act that may affect real property, the Manager is required to notify all persons who hold a registered or recorded interest in the property, whether or not the registered or recorded interest is the subject of the application for forfeiture.

 

       (2)    The Manager is not required to notify a person under subsection (1) who holds only an interest in a right-of-way or easement affecting the property.

 

       (3)    For property registered under the Land Registration Act, notice to persons under subsection (1) must be served by delivering a copy of the Form 1 filed in the registry of deeds to the most recent address shown in the parcel register for the property, by

 

                (a)    registered mail; or

 

                (b)    personal service.

 

       (4)    For property not registered under the Land Registration Act, notice to persons under subsection (1) must be served by delivering a copy of the Form 1 filed in the registry of deeds in the manner directed by the court.


Persons to be notified and method of service (proceedings affecting personal property)

6     (1)    For proceedings under Section 5 of the Act that may affect personal property, the Manager is required to notify all persons who have an interest or notice registered in the personal property registry.

 

       (2)    Notice to persons under subsection (1) must be served by delivering a completed Form 4 to the address shown in the personal property registry for the person by

 

                (a)    registered mail; or

 

                (b)    personal service.




Form 1: Notice of Proceedings Affecting Real Property

under the Civil Forfeiture Act

(subsection 24(1) of the Civil Forfeiture Act)


Take notice:

Take notice that

 

(1)   a court proceeding has been commenced under the Civil Forfeiture Act, and

 

(2)   the legal ownership of the real property or the whole or a portion of an interest in the real property described below may be affected by the proceedings.


Forfeiture:

If a forfeiture order is granted in the court proceedings, it may result in a forfeiture of any interest in the property, effective the date this notice is filed in the registry of deeds.


Description of property:

 

[ ]    The property is registered under the Land Registration Act:

Civic address:

 

PID No.

 


OR

 

[ ]    The property is not registered under the Land Registration Act:

Civic address:

 

Owner’s name on the consolidated index:

 

Legal Description attached as Schedule “A”



Further information

Further information about this matter, or a copy of the document(s) by which the claim is made, may be obtained from the office of the Manager of Civil Forfeiture at:


(contact info for Manager of Civil Forfeiture)



 

 

 

Signature of Manager of Civil Forfeiture

Civil Forfeiture Program

Public Safety & Security Division

Nova Scotia Department of Justice

 

Date



Form 2: Amendment of Extension of Notice of Proceedings Affecting Real Property

under the Civil Forfeiture Act

(subsection 24(3) of the Civil Forfeiture Act)


Take notice:

Take notice that the notice of proceedings affecting real property filed in the registry of deeds on _________________, 20___, as document number____________, that may affect the real property described below is:

 

[ ]    amended as follows:

 

 

 


OR


[ ]    extended until ____________, 20____.



Description of property:

 

[ ]    The property is registered under the Land Registration Act:

Civic address:

 

PID No.

 


OR

 

[ ]    The property is not registered under the Land Registration Act:


Civic address:

 

Owner’s name on the consolidated index:

 

Legal Description attached as Schedule “A”



 

 

 

Signature of Manager of Civil Forfeiture

Civil Forfeiture Program

Public Safety & Security Division

Nova Scotia Department of Justice

 

Date




Form 3: Cancellation of Notice of Proceedings Affecting Real Property

under the Civil Forfeiture Act

(subsection 24(3) of the Civil Forfeiture Act)


Take notice:

Take notice that the notice of proceedings affecting real property filed in the registry of deeds on ____________, 20___, as document number __________________, that may affect the real property described below is hereby cancelled.



Description of property:

 

[ ]    The property is registered under the Land Registration Act:

Civic address:

 

PID No.

 


OR

 

[ ]    The property is not registered under the Land Registration Act:

Civic address:

 

Owner’s name on the consolidated index:

 

Legal Description attached as Schedule “A”





 

 

 

Signature of Manager of Civil Forfeiture

Civil Forfeiture Program

Public Safety & Security Division

Nova Scotia Department of Justice

 

Date




Form 4: Notice of Proceedings Affecting Personal Property

under the Civil Forfeiture Act

(subsection 6(3) of the Civil Forfeiture Act)


Take notice:

Take notice that

 

(1)   a court proceeding has been commenced under the Civil Forfeiture Act, and

 

(2)   the legal ownership of the personal property, or the whole or a portion of an interest in the personal property described below, may be affected by the proceedings.


Forfeiture:

If a forfeiture order is granted in the court proceedings, it may result in a forfeiture of any interest in the property, effective the date that notice of the proceedings was registered in the personal property registry under subsection 24(2) of the Act, which was _____________ (date).



Description of property:

 

 

 

(identifying information from the registration, serial number, etc.)



Further information:

Further information regarding this matter, or a copy of the documents by which the claim is made may be obtained from the office of the Manager of Civil Forfeiture at:


(contact information for Manager of Civil Forfeiture)




 

 

 

Signature of Manager of Civil Forfeiture

Civil Forfeiture Program

Public Safety & Security Division

Nova Scotia Department of Justice

 

Date





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