1st Session, 59th General Assembly
Nova Scotia
53 Elizabeth II, 2004
The Honourable Barry Barnet
Minister of Service Nova Scotia and Municipal Relations
First Reading: September 24, 2004 (LINK TO BILL AS INTRODUCED)
Second Reading: September 27, 2004
Third Reading: October 14, 2004 (WITH COMMITTEE AMENDMENTS)
Royal Assent: October 18, 2004
Be it enacted by the Governor and Assembly as follows:
1 Clause 3(1)(w) of Chapter 6 of the Acts of 2001, the Land Registration Act, is amended by adding "registered" immediately after "terminate" in the second line.
2 Subsection 6(1) of Chapter 6 is repealed.
3 Subsection 9(1) of Chapter 6 is amended by striking out "by the Registrar General" in the third line.
4 Subsection 13(1) of Chapter 6 is repealed and the following subsection substituted:
5 (1) Section 18 of Chapter 6, as amended by Chapter 19 of the Acts of 2002, is further amended by adding immediately after subsection (2) the following subsection:
(2) Subsection 18(6) of Chapter 6 is amended by adding "or such other information as prescribed in the regulations" immediately after "effect" in the second line.
6 Section 19 of Chapter 6 is repealed and the following Sections substituted:
(2) Notwithstanding clause 3(1)(ab), an instrument of subdivision cannot be used for the purpose of describing a parcel that is being registered or amending the legal description of a parcel that is registered pursuant to this Act.
19A (1) A person who owns a registered interest in a parcel may grant an easement in the parcel for the benefit of another parcel that the person owns.
(2) The easement continues to exist notwithstanding subsequent vesting of the dominant and servient tenements in the same person absent an express release of the easement.
7 Subsection 21(4) of Chapter 6 is repealed.
8 Subsection 23(2) of Chapter 6 is repealed and the following subsection substituted:
9 Subsection 31(4) of Chapter 6 is repealed.
10 Section 33 of Chapter 6 is repealed and the following Section substituted:
11 (1) Subsection 37(3) of Chapter 6 is repealed and the following subsection substituted:
(2) Subsection 37(4) of Chapter 6, as amended by Chapter 19 of the Acts of 2002, is further amended by
(a) adding "and that the solicitor's opinion is based on the abstract of title required by clause (c)" immediately after "record" in the last line of clause (b);
(b) striking out clause (d); and
(c) striking out "property" in the first line of clause (g) and substituting "parcel".
(3) Clause 37(9)(a) of Chapter 6, as amended by Chapter 19 of the Acts of 2002, is further amended by adding "or any other enactment" immediately after "Act" the second time it appears in the last line.
(4) Subsection 37(10) of Chapter 6 is repealed.
12 Section 39 of Chapter 6 is repealed.
13 Subsection 40(1) of Chapter 6 is amended by adding "in a residential mortgage" immediately after "interest" in the second line.
14 (1) Clause 46(1)(a) of Chapter 6 is amended by striking out "valuable consideration" in the last line and substituting "a sale price or for value".
(2) Subsection 46(3) of Chapter 6, as amended by Chapter 19 of the Acts of 2002, is further amended by
(a) striking out "to the present owner" in the second line of clause (ab); and
(b) adding immediately after clause (ac) the following clause:
15 Chapter 6 is further amended by adding immediately after Section 46 the following Section:
(2) The agreement referred to in subsection (1) shall set out the time period within which title to the parcel shall be registered pursuant to this Act.
(3) A registrar of deeds shall register the instrument referred to in subsection (1) if the registration requirements of the Registry Act have been complied with and the instrument is accompanied by a certificate of the Registrar General.
(4) The agreement referred to in subsection (1) is subject to any provisions prescribed by the Minister in the regulations.
(5) Notwithstanding Section 37, a person who has entered into an agreement with the Minister in accordance with this Section may mortgage the parcel that is the subject of the agreement or any interest in it or provide a security interest in it.
16 Section 47 of Chapter 6 is amended by adding immediately after subsection (4) the following subsection:
17 (1) Subsection 48(1) of Chapter 6 is amended by
(a) adding "register or" immediately after "shall" in the first line;
(b) adding "registration or" immediately after "for" in the first line of clause (a); and
(c) adding "registration or" immediately after "for" in the second line of clause (b).
(2) Section 48 is further amended by adding immediately after subsection (2) the following subsection:
18 Subsection 53(3) of Chapter 6 is amended by adding "floating part of the" immediately after "the" in the fourth line.
19 Subsection 60(2A) of Chapter 6 is repealed.
20 Section 61 of Chapter 6, as amended by Chapter 19 of the Acts of 2002, is further amended by adding "(1)" immediately after the Section number and by adding the following subsections:
(3) The restrictive covenant continues to exist notwithstanding subsequent vesting of the dominant and servient tenements in the same person absent an express release of the restrictive convenant.
21 (1) Subsection 63(2A) of Chapter 6 is repealed.
(2) Subsection 63(3) of Chapter 6 is amended by adding immediately after clause (a) the following clause:
22 Subsection 74(3) of Chapter 6 is repealed.
23 (1) Subsection 79(4) of Chapter 6 is amended by adding "or stamp" immediately after "seal" in the second line.
(2) Subsection 79(5) of Chapter 6 is amended by adding "or stamp" immediately after "seal" in the last line.
(3) Subsection 79(6) of Chapter 6 is amended by adding immediately after clause (i) the following clause:
24 Clause 94(1)(c) of Chapter 6 is repealed and the following clauses substituted:
(cb) respecting certificates of execution;
25 Subsection 119(3) of Chapter 6 is repealed.
26 Chapter 6 is further amended by adding "legal" immediately before "description" wherever that word appears in Chapter 6.
27 (1) Subject to subsection (2), this Act comes into force on such day as the Governor in Council orders and declares by proclamation.
(2) Section 15 has effect on and after September 24, 2004, upon the Governor in Council so ordering and declaring by proclamation.