Transportation and Infrastructure Renewal Ministerial Land

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

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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 RenewalMinisterial 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 InfrastructureRenewal; 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 realproperty 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, theprocedures to govern the disposition of real property or interests in real property by theMinister 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 theseregulations are subject to the following limitations:

Surplus CrownProperty DisposalAct Reference

Transaction

Limitation

Subsection 11(1)

disposition of surplus real estate or interest insurplus real estate by way of deed or conveyanceother than lease, easement or right of way

not to exceed$25 000 invalue

Subsection 11(1)

disposition of surplus real estate or any interest insurplus real estate by way of lease

not to exceed10 ha

Subsection 11(1)

disposition by way of easement or right of waywith respect to surplus real estate upon such termsor conditions as the Minister considers appropriate

not to exceed$25 000 invalue

Market value requirement and prohibitions

6     (1)    A disposition made by the Minister under these regulations must be based on marketvalue.

 

       (2)    The Minister must not sell real property at less than market value without theapproval 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 ofthe 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 theseregulations is required to provide a declaration stating that they are not related to theMinister, the Deputy Minister or any senior official in the Department.

 

       (2)    If a non-governmental party to a disposition by the Minister under these regulationsis a corporation, its duly authorized officials must execute and deliver to theDepartment a statutory declaration stating that the corporation has no financialrelationship with the Minister, Deputy Minister or senior officials of the Department,and that the Minister, Deputy Minister and senior officials are not major shareholdersin the corporation.

 

       (3)    If a party to a disposition by the Minister under these regulations is related to theMinister, Deputy Minister or any senior official of the Department, the transaction issubject 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 eachproposed disposition of land or an interest in land under these regulations todetermine whether the land has been identified as a significant wildlife habitat andthe Department of Natural Resources must advise the Department in writing whetherthe land has been identified as a significant wildlife habitat.

 

       (2)    Real property that has been identified as a significant wildlife habitat must not besold 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 giventhrough 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 Ministermust 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.