BILL NO. 52
(as passed, with amendments)
4th Session, 61st General Assembly
Nova Scotia
61 Elizabeth II, 2012
Conservation Easements Act
(amended)
CHAPTER 18 OF THE ACTS OF 2012
The Honourable Charlier Parker
Minister of Natural Resources
First Reading: April 26, 2012 (LINK TO BILL AS INTRODUCED)
Second Reading: May 1, 2012
Third Reading: May 11, 2012 (WITH COMMITTEE AMENDMENTS)
Royal Assent: May 17, 2012
An Act to Amend Chapter 28
of the Acts of 2001,
the Conservation Easements Act
Be it enacted by the Governor and Assembly as follows:
1 (1) Subsection 2(1) of Chapter 28 of the Acts of 2001, the Conservation Easements Act, is amended by adding immediately after clause (e) the following clause:
2 Section 3 of Chapter 28 is amended by adding immediately after subsection (5) the following subsections:
(7) This Act does not affect the power of a court to modify or terminate a conservation easement in accordance with the principles of law and equity.
(a) adding "primarily dedicated for the protection of biodiversity and natural processes" immediately after "land" in the second line; and
(b) striking out ", morphological or palaentological" in the second and third lines of subclause (ii) and substituting "or morphological".
4 Section 5 of Chapter 28 is amended by adding immediately after subsection (2) the following subsection:
(a) striking out clauses (b) and (c) and substituting the following clauses:
(c) a sketch or plan that depicts the land to which the conservation easement relates and, where the conservation easement applies to only a portion of the parcel, a drawing showing the location of the conservation easement on the parcel;
(c) adding "specific" immediately before "purpose" in the first line of clause (e); and
(d) adding "conservation" immediately after "the" in the second line of clause (f).
6 Section 8 of Chapter 28 is amended by adding immediately after clause (c) the following clause:
8 Section 10 of Chapter 28 is amended by striking out "with the consent of the owner and" in the first and second lines.
9 Section 11 of Chapter 28 is repealed and the following Section substituted:
(2) A conservation easement does not create an interest in land until the conservation easement is filed pursuant to the Registry Act or the Land Registration Act.
(2) Subsection 13(3) of Chapter 28 is repealed.
(3) Subsections 13(5) and (6) of Chapter 28 are repealed and the following subsections substituted:
(6) Where more than one eligible body notifies the Minister pursuant to subsection (5), the Minister shall determine which eligible body will be permitted to assume the obligations of the easement holder referred to in the notice and accept the rights and privileges respecting the conservation easement.
(6A) The Minister shall notify the eligible body that is permitted to assume the rights, privileges and obligations of the easement holder pursuant to subsection (5) or (6), and the eligible body shall send the owner a written notice advising the owner of the assumption of obligations, rights and privileges.
(6B) Where no eligible body notifies the Minister of its intention to assume the obligations of an easement holder that has ceased to exist, the Minister may elect to assume the obligations of the easement holder and accept the rights and privileges respecting the conservation easement by giving the owner a written notice advising of the election within one hundred and eighty days after the Minister has sent the notices to the eligible bodies pursuant to subsection (4).
(5) Subsection 13(8) of Chapter 28 is amended by adding "of deeds" immediately after "registry" in the fourth line.
This page and its contents published by the Office of the Legislative Counsel, Nova Scotia House of Assembly, and © 2012 Crown in right of Nova Scotia. Created May 15, 2012. Send comments to legc.office@novascotia.ca.
