BILL NO. 120
(as introduced)
2nd Session, 61st General Assembly
Nova Scotia
59 Elizabeth II, 2010
Condominium Act
(amended)
The Honourable Ramona Jennex
Minister of Service Nova Scotia and Municipal Relations
First Reading: November 29, 2010
Second Reading: November 30, 2010
Third Reading: December 9, 2010 (LINK TO BILL AS PASSED)
Explanatory Notes
Clause 1 reflects the original intent of the Condominium Act that encumbrancers and persons with an interest appurtenant to the land must consent in order for a declaration to be registered and adds the proviso that the consent may not unreasonably be withheld, to balance the rights of the declarant with third parties.
Clause 2 changes the incorrect reference to Section 17 in the Residential Tenancies Act to Section 17A.
Clause 3 reinstates the authority of the Governor in Council to make regulations requiring the payments of fees to officers acting under this Act and changes the reference from Section 33 to 33A in clause 46(1)(lc) of the Condominium Act to bring it into accord with the other amendments in Chapter 10.
An Act to Amend Chapter 85
of the Revised Statutes, 1989,
the Condominium Act
Be it enacted by the Governor and Assembly as follows:
1 Chapter 10 of the Acts of 2009, An Act to Amend Chapter 85 of the Revised Statutes, 1989, the Condominium Act, is amended by repealing subsection 5(1) and substituting the following subsection:
(ii) who have interests appurtenant to the land described in the description, and
(iii) whose land is subject to an easement registered under the Registry Act or recorded under the Land Registration Act in favour of the land described in the description,
which consent may not unreasonably be withheld, or a court order dispensing with consent;
2 Subsection 44D(2) of Chapter 85 of the Revised Statutes, 1989, the Condominium Act, as enacted by Chapter 10 of the Acts of 2009, is amended by striking out "17" in the fifth and in the last lines and substituting in each case "17A".
3 Chapter 10 is further amended by repealing clause 29(1)(c) and substituting the following clause:
This page and its contents published by the Office of the Legislative Counsel, Nova Scotia House of Assembly, and © 2010 Crown in right of Nova Scotia. Created December 16, 2010. Send comments to legc.office@novascotia.ca.
