BILL NO. 82
(as introduced)
1st Session, 65th General Assembly
Nova Scotia
3 Charles III, 2025
Private Member's Public Bill
Increasing Grocer and Pharmacy Competition Act
Krista Gallagher
Halifax Chebucto
First Reading: March 18, 2025
Second Reading:
Third Reading:
Explanatory Note
This Bill prohibits the creation of restrictive covenants that prevent the use of land for certain purposes and voids any restrictive covenants in existence that already do so.
An Act to Amend Chapter 385
of the Revised Statutes, 1989,
the Real Property Act,
to Eliminate Competitor Property Controls
that Restrict Access to Food or Medicine
Be it enacted by the Governor and Assembly as follows:
1 This Act may be cited as the Increasing Grocer and Pharmacy Competition Act.
2 Chapter 385 of the Revised Statutes, 1989, the Real Property Act, is amended by adding immediately after Section 10 the following heading and Sections:
(a) "competitor property controls" means an exclusivity clause or a restrictive covenant;
(b) "exclusivity clause" means a clause within a commercial lease that limits how the land can be used by competitors to a tenant, including
- (i) a prohibition on the lessor from leasing a unit or a piece of land to a company that competes with an existing tenant, or limit what or how products can be sold, and
(ii) a clause that gives an incentive not to lease to competitors of a tenant;
(c) "restrictive covenant" means a restriction on land that prevents a purchaser or owner of a commercial property from using the location to operate or lease to operators of certain types of businesses that compete with a previous owner.
10B The purpose of Sections 10C to 10E is to eliminate competitor property controls in the grocery and pharmacy commercial sectors to lower food prices and improve accessibility to food and medication for Nova Scotians.
10C An exclusivity clause in a commercial lease is void.
10D (1) A restrictive covenant, however created, is void if it prohibits, whether absolutely or for a specified period, the use of land for
(a) a grocery store or supermarket;
(b) a convenience store selling fresh produce;
(c) a pharmacy or drug store; or
(2) This Section applies to a restrictive covenant created before or after the coming into force of this Section.
10E (1) In this Section, "registrar" means
(a) a registrar as defined in the Registry Act or a deputy registrar appointed under that Act; or
(b) the Registrar General, a deputy registrar general, a registrar or a deputy registrar appointed under the Land Registration Act or any other person authorized to perform the duties and exercise the powers of a registrar under that Act.
(2) A registrar may, on application, cancel or discharge a restrictive covenant referred to in Section 10D that was registered before the coming into force of this Section.
(3) Where a registrar has notice that a registered restrictive covenant is void under Section 10D, the registrar may cancel or discharge the restrictive covenant.
(4) A restrictive covenant that is void under Section 10D may be discharged under the Registry Act or the Land Registration Act, as the case may be, by an entry made by a registrar on the margin of the registered instrument by which the restrictive covenant was created.
This page and its contents published by the Office of the Legislative Counsel, Nova Scotia House of Assembly, and © 2025 Crown in right of Nova Scotia. Created March 18, 2025. Send comments to legc.office@novascotia.ca.
