Natural Resources Ministerial Land Transactions Regulations

Link to law: https://www.novascotia.ca/just/regulations/regs/carland.htm

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Natural Resources Ministerial Land Transactions Regulations
made under Section 6 of the

Court and Administrative Reform Act

S.N.S. 1996, c. 23

O.I.C. 2005-94 (March 4, 2005), N.S. Reg. 75/2005

as amended by 2011-302 (August 2, 2011), N.S. Reg. 250/2011

Citation

1     These regulations may be cited as the Natural Resources Ministerial Land TransactionsRegulations.

Section 1 amended: O.I.C. 2011-302, N.S. Reg. 250/2011.

Definitions

2     In these regulations,

 

                (a)    “Act” means the Court and Administrative Reform Act;

 

                (b)    “certificate” means a certificate of non-interest under Section 37 of the CrownLands Act or a certificate of release as defined in Section 11 of the Land TitlesClarification Act;

Clause 2(b) amended: O.I.C. 2011-302, N.S. Reg. 250/2011.

 

                (c)    “Department” means the Department of Natural Resources; and

 

                (d)    “Minister” means the Minister of Natural Resources.

Assignment of authority

3     In accordance with the Act, the Minister is hereby assigned the authority to

 

                (a)    acquire and dispose of real property or interests in real property under theCrown Lands Act and the Wildlife Act; and

 

                (b)    issue certificates.

Purpose of regulations

4     The purpose of these regulations is to provide, in accordance with Section 3 of the Act, thepolicies and procedures to govern the acquisition and disposition of real property orinterests in real property by the Minister under the Crown Lands Act and the Wildlife Actand the issuance of certificates by the Minister.

Limitations on acquisitions and dispositions

5     (1)    Acquisitions and dispositions of real property or interests in real property made bythe Minister under these regulations are subject to the following limitations:

Crown LandsAct Reference

Transaction

Limitation

Clause 7(a)

acquisition by purchase of land orinterest in land

not to exceed $100 000in value

Clause 7(a)

acquisition by gift of land or interestin land

not to exceed $100 000in value

Clause 7(d)

acquisition of easement or right ofway across privately owned land

not to exceed 10 ha or$100 000 in value

Subsection 8(1)

acquisition by way of acceptance oftransfer of administration and controlof land from the Government ofCanada or an agency thereof

not to exceed $100 000in value

Clause 16(1)(a)

disposition of Crown land or interestin Crown land by way of grant, deedor conveyance other than lease orlicense

not to exceed $25 000 invalue

Clause 16(1)(a)

disposition of Crown land or anyinterest in Crown land by way of leaseor license

not to exceed 10 ha

Clause 16(1)(b)

disposition by way of easement orright of way with respect to Crownlands upon such terms or conditions asthe Minister considers appropriate

not to exceed $25 000 invalue

Clause 16(1)(c)

disposition of Crown land by way oftransfer of administration and controlto the Government of Canada or anagency thereof

not to exceed $25 000 invalue

Wildlife ActReference

Transaction

Limitation

Section 13

acquisition of land by way of purchaseor conveyance other than lease for thepurpose of access to or the protection,management or conservation ofwildlife

not to exceed $100 000in value

 

       (2)    The issuance of a certificate is limited to an area of land not exceeding 200 ha.

Market value requirement and prohibitions

6     (1)    An acquisition or disposition made by the Minister under these regulations must bebased on market value.

 

       (2)    The Minister must not purchase real property at more than 10% above market valuewithout the approval of the Governor in Council.

 

       (3)    The Minister must not sell real property at less than market value without theapproval of the Governor in Council.

Acceptable methods and conditions of sale

7     (1)    When the Minister disposes of real property under these regulations by way of sale,the property must be sold by direct sale to

 

                (a)    a municipality, agency, non-profit group or community organization, if theapplicant demonstrates to the satisfaction of the Minister, in a writtenapplication to purchase, that the transaction will result in a public benefit;

 

                (b)    support or promote economic activity, if the applicant demonstrates to thesatisfaction of the Minister, in a written application to purchase, that theapplicant has been unable to purchase suitable private land; or

 

                (c)    alleviate undue hardship or in extenuating circumstances, if the applicantdemonstrates the undue hardship or extenuating circumstances to theMinister’s satisfaction, in a written application to purchase, and the Minister isalso satisfied that the sale will benefit the Crown.

 

       (2)    If the Minister receives more than one application for a property sold undersubsection (1), the Minister must determine, in the Minister’s sole discretion, theapplicant to whom the property will be sold.

Procedure for issuance of certificates

8     Before issuing a certificate, the Minister must have received and considered a reportrespecting the use and occupation of the land and concluded that a person, known orunknown, has acquired rights or claim by possession in or to Crown lands.

Conflict of interest

9     (1)    Each non-governmental party to an acquisition or disposition or the issuance of acertificate by the Minister under these regulations is required to provide a sworndeclaration stating that they are not related to the Minister, the Deputy Minister orany senior official in the Department.

 

       (2)    If a non-governmental party to an acquisition or disposition or the issuance of acertificate by the Minister under these regulations is a corporation, its dulyauthorized officials must execute and deliver to the Department a statutorydeclaration stating that the corporation has no financial relationship with theMinister, Deputy Minister or senior officials of the Department, and that theMinister, Deputy Minister and senior officials are not major shareholders in thecorporation.

 

       (3)    If a party to an acquisition or disposition or the issuance of a certificate by theMinister under these regulations is related to the Minister, Deputy Minister or anysenior official of the Department, the transaction is subject to the approval of theGovernor in Council.

Prohibition against acquiring leasehold interests

10   The Minister must not acquire a leasehold interest in real property without the approval ofthe Governor in Council.

Identification of property as a significant wildlife habitat

11   (1)    Biologists employed by the Department must review each proposed disposition ofland or an interest in land under these regulations and advise the Minister in writingwhether the land is a significant wildlife habitat.

 

       (2)    If the Minister is advised under subsection (1) that land is a significant wildlifehabitat, the Minister will identify the land as a significant wildlife habitat andmaintain a list of all land identified.

Prohibition against sale of property identified as significant wildlife habitat

12   Real property identified as a significant wildlife habitat must not be sold without theapproval of the Governor in Council.

Public notice required

13   Public notice of acquisitions and dispositions made by the Minister under theseregulations must be given

 

                (a)    through a detailed list in an annual report issued by the Department; and

 

                (b)    through a list published in the Royal Gazette Part I on a regular basis.

Notification to Governor in [Executive] Council

14   (1)    One week before approving any disposition under these regulations, the Ministermust provide the Executive Council with notice of the proposed transaction.

Subsection 14(1) amended: O.I.C. 2011-302, N.S. Reg. 250/2011.

 

       (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.