Condominium Regulations - Condominium Act (Nova Scotia)

This consolidation is unofficial and is for reference only. For the official version of the regulations, consult the original documents on file with the Registry of Regulations, or refer to the Royal Gazette Part II.

Regulations are amended frequently. Please check the list of Regulations by Act to see if there are any recent amendments to these regulations filed with the Registry that are not yet included in this consolidation.

Although every effort has been made to ensure the accuracy of this electronic version, the Registry of Regulations assumes no responsibility for any discrepancies that may have resulted from reformatting.

This electronic version is copyright © 2009, Province of Nova Scotia, all rights reserved.  It is for your personal use and may not be copied for the purposes of resale in this or any other form.

Condominium Regulations

made under Section 46 of the

Condominium Act

R.S.N.S. 1989, c. 85

O.I.C. 71-1173 (November 23, 1971), N.S. Reg. 60/71

as amended up to O.I.C. 2009-164 (March 31, 2009, effective April 1, 2009), N.S. Reg. 85/2009

1     (1)    Terms defined in the Act have the same meaning in these regulations.

       (2)    In these regulations

                (a)    “barrister” means a barrister as defined in the Barristers and Solicitors Act who holds an annual certificate which is in force;

                (b)    “condominium property” means property as defined in Section 3(1)(s) of the Act, to which the Act applies;

Clause 1(2)(c) repealed: O.I.C. 89-376, N.S. Reg. 45/89.

                (d)    “diagram” means a compiled plan substantially depicting the extent and location of units;

                (e)    “Level 1” means the plan delineating the surface of the ground or the projection thereof and showing the relationship of the structures to the boundaries of the lot or lots comprising the property;

                (f)    “lot” means any area of land delineated by a survey or described in a conveyance and includes a lot approved in accordance with the Planning Act or shown on a plan filed at a Registrar of Deeds office;

                (g)    “monument” means a bar, post, stake, or any other object, thing or device used to mark or witness a boundary of surveyed lands;

                (h)    “open traverse” means an unclosed traverse in the form of a branch emanating from a main traverse or triangulation;

                (i)     “phase” means the additional units and common elements in a phased-development property that are created in accordance with these regulations upon the registration of an amendment to both the declaration and description;

Clause 1(2)(i) added: O.I.C. 97-43, N.S. Reg. 6/97.

                (j)     “structural plan” for the purpose of clause (b) of subsection (1) of Section 12 of the Act means a copy of the structural drawing proposed for the project, mechanically reproduced on such material as the Registrar approves.

Original clause 1(2)(i) renumbered (j): O.I.C. 97-43, N.S. Reg. 6/97.

Part A - Report on Title

2     The report on title to accompany a declaration and description shall consist of

                (a)    an abstract of title prepared in accordance with Section 3; and

                (b)    a plan of survey prepared in accordance with Section 4.

3     (1)    An abstract of title shall be prepared by a barrister in accordance with good conveyancing practice and shall

                (a)    include a metes and bounds description of the property, prepared by a surveyor;

                (b)    subject to subsection (2), show a good and sufficient 40-year chain of title immediately preceding the date of the abstract;

                (c)    be accompanied by a tax certificate or certificates issued by the appropriate municipality;

                (d)    be accompanied by a certificate of such barrister that he has investigated the title and believes the applicant to be the owner of the freehold estate in the property, subject to the encumbrances, easements, and encroachments, if any, set forth in the certificate, and that after consultation with the declarant, he is not aware of the existence of any other claim adverse or inconsistent with the applicant’s to any part of the land or to any interest therein, or that he is aware of such adverse claim, in which case he shall set forth every such adverse claim and the particulars thereof; such certificate may be in Form 1 or to the like effect.

Clause 3(1)(d) amended: O.I.C. 2000-57, N.S. Reg. 21/2000.

       (2)    An abstract may show less than a 40-year chain of title if it commences with

                (a)    a certificate of title relating to the property granted under the Quieting Titles Act or the Land Titles Clarification Act where such certificate has been filed in the Registry of Deeds, or

                (b)    an order made by a judge of the Supreme Court or by a person pursuant to an enactment whereby the freehold estate in the property was determined to be vested or owned; or

Clause 3(2)(b) amended: O.I.C. 2000-57, N.S. Reg. 21/2000.

                (c)    an enactment that vests the freehold estate in the property in a person; or

Clause 3(2)(c) amended: O.I.C. 2000-57, N.S. Reg. 21/2000.

                (d)    an expropriation of the property made pursuant to an enactment; or

                (e)    a deed issued pursuant to an enactment when the enactment provides that the grantee in the deed is the absolute owner of the property or the owner of the freehold estate in the property; or

Clause 3(2)(e) amended: O.I.C. 2000-57, N.S. Reg. 21/2000.

                (f)    a grant of the property from the Crown in Right of the Province of Nova Scotia.

4     (1)    A plan of survey for a report on title shall be prepared by a surveyor in accordance with good surveying practice and shall show

                (a)    the location of the boundaries of the proposed condominium property;

                (b)    if such property consists of more than one lot, the boundaries of the various lots comprising the property;

                (c)    the names of the persons in actual occupation of the property or any part thereof;

                (d)    the location of any buildings or structures on the property;

                (e)    any monuments found or placed by the surveyor;

                (f)    the location and nature of any easements or encroachments affecting the property; and

                (g)    the names of adjoining owners so far as they can be determined.

       (2)    The plan of survey shall be accompanied by a certificate of the surveyor substantially in Form 2 stating that the description of the property included in the abstract prepared by the barrister pursuant to Section 2 was prepared by such surveyor, and that it accurately reflects the results of the survey and that the plan of survey has been prepared by such surveyor in accordance with the Act.

4A  An amendment filed by the declarant with the Registrar to create a phase of a phased-development property shall include an abstract of title for the phase prepared in accordance with Section 3 and a plan of survey prepared in accordance with Section 4.

Section 4A added: O.I.C. 97-43, N.S. Reg. 6/97.

5     A supplementary report on title shall consist of an abstract of title and a barrister’s certificate relating thereto, prepared in accordance with Section 6.

6     (1)    An abstract of title for a supplementary report on title shall be prepared by a barrister in accordance with good conveyancing practice, shall commence with the declaration, and shall show separate chains of title from the declaration for each unit.

       (2)    The abstract shall be accompanied by a certificate of the barrister that he has prepared the same in accordance with this Act and that he believes that the owners and encumbrancers of each unit are as listed in the certificate.

Surveys and Plans

Part B - General

7     Where a surveyor makes a survey and plan for the purposes of the Act, he shall smake the survey and plan in accordance with these regulations and good surveying practice.

8     For the purposes of these regulations, properties are classified as follows:

Class A - properties each of which is divided into units by vertical planes;

Class B - properties each of which is divided into units by horizontal or horizontal and vertical planes;

Class C - properties each of which is divided into units by planes that are neither horizontal nor vertical or by surfaces that are not planes.

9     (1)    Sections 10 to 38, both inclusive, apply to Class A properties.

       (2)    Sections 10 to 40, both inclusive, apply to Class B properties.

       (3)    Plans of Class C properties shall be prepared in such manner as the Registrar deems most suitable to secure accuracy.

       (4)    Sections 10 to 40, both inclusive, do not apply to structural plans.

10   (1)    Before undertaking a survey, a surveyor shall refer to all documentary evidence related to the land under survey and the land adjoining the land under survey.

       (2)    The requirements of all statutes and regulations that affect the boundaries of the land shown on a plan shall be ascertained and complied with before the plan is presented for approval.

11   (1)    Where a monument no longer exists, all evidence concerning its original position shall be considered in the re-establishment thereof.

       (2)    Where a monument is placed on an existing boundary, the monument shall be placed on the boundary at a point which shall be established from evidence of the properties on both sides of the boundary being monumented.

12   (1)    Upon approval of a plan, the Registrar shall endorse his approval on the plan in Form 7.

Subsection 12(1) amended: O.I.C. 89-376, N.S. Reg. 45/89.

       (2)    The Registrar may at any time examine a survey on the ground.

       (3)    The Registrar may request additional information from a surveyor regarding any survey examined under subsection (2).

13   Before presenting a plan for approval, a surveyor shall submit to the Registrar a paper print of the plan together with a copy of any adjacent or underlying plan and such title records as may be required by the Registrar.

Section 13 amended: O.I.C. 2000-57, N.S. Reg. 21/2000.

14   (1)    The Registrar may approve a plan for registration that does not comply strictly with the requirements of these regulations.

       (2)    Except with the approval of the Registrar, no correction, amendment or other alteration shall be made to any plan that has been approved by him.

Monumentation

15   (1)    Every angle in an exterior boundary of a condominium property and points at intervals not greater than 1,000 feet on the exterior boundaries of the property shall be defined in the survey by a suitable monument.

       (2)    Walls, floors, ceilings or other physical features may be adopted as the monuments that control the boundaries of condominium units, if a statement to that effect is printed on the plan or diagram of the unit that is registered.

       (3)    Where subsection (2) is not applied, boundaries shall be witnessed by measurements to monuments.

       (4)    Monumentation may be varied where, in the opinion of the Registrar, the requirements of this Section are inappropriate, having regard to the circumstances.

Standards of survey for level 1

16   (1)    All boundaries of the land being surveyed shall be measured directly or shall be determined by closed traverse or triangulation.

       (2)    Open traverses shall be verified by two independent measurements of angle and distance.

17   (1)    The error of closure in respect of the perimeter of each unit shall not exceed,

                (a)    for the first 100 feet of perimeter, an error of 0.05 feet;

                (b)    for each succeeding 100 feet of perimeter up to a total perimeter of 2000 feet, an error of 0.01 feet; and

                (c)    for a total perimeter of more than 2000 feet, an error of 1 in 10000.

       (2)    The errors of closure prescribed in subsection (1) also apply to open traverses.

18   The position of a natural boundary that forms a boundary of the land being surveyed or that governs the position of that boundary shall be determined by

                (a)    periodic offsets from stations on a controlled traverse to such points on the natural boundaries as are necessary to determine all its irregularities and to enable its relocation;

                (b)    controlled photogrammetric methods.

19   Bearings shall be related to the geographic poles of the earth.

20   (1)    The monuments controlling the extent of units shall be described fully in the declaration and a brief note describing the monuments shall be endorsed on the plan of each level and, when the scale of the plan of any level is not sufficient to illustrate this clearly, a separate plan of compilation shall be drawn showing the specification and relationship between the boundaries of the units and the monumentation.

       (2)    The original positions of the monuments referred to in subsection (1) shall be adopted as governing the location of units on any resurvey.

Standards for level 1 plans

21   (1)    A plan

                (a)    shall be drawn on durable material of such quality that reproductions may be made without damaging the plan;

Clause 21(1)(a) amended: O.I.C. 2000-57, N.S. Reg. 21/2000.

                (b)    shall be drawn to a professional standard of draughtsmanship and be neat and clear and in fit condition for making legible reproductions;

                (c)    shall be certified on the plan by the surveyor in Form 4;

                (d)    shall, where any unit is defined by reference to a building, be certified on the plan by the surveyor in Form 5;

                (e)    shall show Form 7 in the upper right-hand corner;

Clause 21(1)(e) amended: O.I.C. 89-376, N.S. Reg. 45/89.

                (f)    shall show in the upper right-hand corner below Form 7 the following notation:

“Declaration registered at the office of the Registrar of Deeds at ___________ in book CR-________ at page _______; and

Clause 21(1)(f) amended: O.I.C. 89-376, N.S. Reg. 45/89.

                (g)    shall be endorsed by each owner in Form 6.

       (2)    There shall be endorsed on the plan of each level a sheet number and the total number of sheets.

       (3)    The only handwriting to appear on the plan shall be the signatures of those persons required to sign the plan, and under each signature shall be legibly printed the name of the person signing.

22   A plan shall be drawn to a scale or scales sufficient for clarity of all particulars on the plan.

23   All linear measurements on a plan shall be shown either in feet and decimals of a foot, or in feet and inches, or in metres and decimals thereof.

24   Directions shall be shown on the plan in quadrantal bearings referred to the cardinal points.

25   (1)    The origin of the bearings shall be stated on the plan in note form.

       (2)    Bearings may be derived from a line of known true bearing if survey evidence of such line exists on the ground in its original position and is shown on the plan.

       (3)    Where bearings have been determined by the surveyor by direct observations, a note shall be shown on the plan as follows:

“Bearings are true, derived from observations on ___________________________

(point of observation)

and are referred to the meridian through __________________________________.”

(point on the ground definable by survey)

26   There shall be shown on a plan clearly and accurately by broken lines, sufficient information to enable the identification of

                (a)    the limits of pre-existing lots or limits defined by descriptions of land registered under the Registry Act, included within the land surveyed and the land adjoining the land being surveyed; and

                (b)    sufficient information to identify the land referred to in clause (a).

27   The limits of units and common elements shall be shown on the plan by solid lines of a consistent weight and the lines shall be heavier than the lines referred to in Section 26.

28   The adjoining limits of land adjacent to the land being surveyed shall be shown on the plan and verified with actual measurements.

29   (1)    A plan shall show the position and form of all survey monuments and other evidence found, conflicting or otherwise.

       (2)    Monuments and other evidence found shall be distinguished by the abbreviation “Fd.”.

30   (1)    The measurements of distances and directions obtained by the surveyor in the course of a survey on the ground shall be reduced to true measurements and shall be shown on the plan.

       (2)    Where a measurement of distance or direction differs from that shown in a deed or other conveyance or plan registered under the Registry Act, the measurement shall be followed by,

                (a)    the abbreviation “Meas.”;

                (b)    the corresponding measurement on the registered plan or in the deed or conveyance; and

                (c)    “Plan (No.) _______”, or ______ “Deed: Book _________ page ______ “;

or as the case may be.

31   (1)    A plan shall show

                (a)    the bearing and length of each straight line forming any surveyed limit or part of any surveyed limit, except that, in the case of a tier of units that is shown by dimensions to be a series of parallelograms, the direction of each of the side lines of the units may be indicated by the bearings at both ends of the tier;

                (b)    the radius, arc length, and tangent or chord length and chord bearing, of each curved line forming any surveyed limit or part of any surveyed limit;

                (c)    the perpendicular or radial widths of every street, lane, public passage, unit or common element of which the limits are parallel or concentric;

                (d)    the straight line distances and bearings between the points of street intersections on the same side of the street and, where all or part of an intersection is on a curve, the radius, arc length, and tangent or chord length and chord bearing of the curved portion; and

                (e)    the location of the radial centre of an arc that forms the end of a cul-de-sac, clearly defined with reference to the street or streets approaching the cul-de-sac.

       (2)    Where the arc of a simple curve joins a line that is not tangent to the curve, the junction of curve shall be shown as “not tangential”.

       (3)    Where space does not permit the showing of the curve information in the normal position in respect of the curve, it may be shown in schedule form on the plan.

32   (1)    Subject to subsection (2), there shall be shown on a plan all roads, streets, lanes, railway lands, rivers, canals, streams, lakes, ponds and marshes lying within or abutting the surveyed land.

       (2)    Topographical information that does not relate to the definition of limits of lots, units or common elements shall not be shown on a plan.

       (3)    Natural boundaries shall be accurately plotted on a plan.

       (4)    Where traverse lines are shown from which natural boundaries have been defined on the ground, complete particulars shall be shown on a plan, including

                (a)    bearings, distances of traverse lines and lengths of offsets and the angles that they make with the respective traverse lines;

                (b)    information relevant to any other method by which a natural boundary is determined; and

                (c)    information relating to the boundaries and ties with other surveys and land boundaries.

       (5)    The particulars required by subsection (4) shall be shown along the appropriate course on the plan, but where it is not practicable to show such particulars they may be shown in a schedule if they are identified and related to the appropriate course on the plan.

33   Every part of a property that is not a common element shall be designated on the plan by the word “UNIT” followed by a number, and the numbers shall follow consecutively and there shall not be more than one “UNIT” designated on each level sheet by the same number and, where a specification is required of parts of the common elements that are to be used by the owners of one or more units but not by all of the owners, these exclusive use portions may be designated on a separate plan by numbers or letters or by numbers and letters.

34   An easement or right of way existing at the time of the survey shall be shown on the plan.

35   Every plan shall bear a title briefly identifying the lot to which the plan applies.

36   Each plan shall show under the title the scale to which the plan is drawn, the names of the surveyor or survey organization or firm, the year in which the survey was completed and the date the plan was signed.

37   A simple north point accurately plotted shall be placed in a conspicuous position on each plan.

38   (1)    At the time of submission for registration of a plan, there shall be delivered to the Registrar together with the original plan 3 duplicates of the plan.

Subsection 38(1) amended: O.I.C. 2000-57, N.S. Reg. 21/2000.

       (2)    A duplicate plan shall be a mechanically reproduced copy of the plan of which it is the duplicate, and shall be reproduced on such material and by such process as the Registrar approves.

       (3)    The lands shown on the duplicate plan to be retained at the Registry of Deeds shall be coloured a light shade of pink to designate units and yellow to designate the common elements.

Standards for plans other than level 1

39   Section 21, except clause (c) of subsection (1), and Sections 22, 27, 33 and 38 apply to plans of levels other than Level 1.

40   Plans of levels other than Level 1 shall be designated by the word “Level”; plans of levels above Level 1 shall be numbered consecutively beginning with the number “2”, and plans of levels below Level 1 shall be lettered alphabetically beginning with the letter “A”, and

                (a)    may be compiled from information obtained from the structural plans and the plan of Level 1; and

                (b)    a section or perspective drawing, sufficiently accurate to portray the vertical relationship of all levels, shall be drawn on each sheet.

Architectural/structural plans

40A  (1)   At the time of submission for registration of a plan, there shall be delivered to the Registrar together with the original plan 3 duplicates of the plan.

Subsection 40A(1) amended: O.I.C. 2000-57, N.S. Reg. 21/2000.

       (2)    The original plan shall be drawn, prepared and signed by a professional architect or engineer licensed to practice in the Province of Nova Scotia.

       (3)    A duplicate plan shall be a mechanically reproduced copy of the plan of which it is a duplicate, and shall be reproduced on such material and by such process as the Registrar approves.

       (4)    Structural plans shall include the following information:

                (a)    floor plans for all levels of the building at a scale not less than 1/16” = 1 foot, showing all exterior walls, interior partitions, load bearing walls, fitments, counters, plumbing and heating fixtures and labelling all units and rooms;

                (b)    exterior elevations of all four principal views of the building at a scale not less than 1/16” = 1 foot, showing exterior wall finishes, patterns of windows and doors, down to normal architectural trim;

                (c)    cross-sections through the principal structure of the building showing the general make-up of roof, floors, walls and basement construction and showing any specialized details pertinent to the building, at a scale of not less than 1/4” = 1 foot;

                (d)    schematic mechanical and electrical servicing drawings indicating the generalized layout and make-up of such services;

                (e)    any other details determined by the Registrar to be pertinent to the project and beneficial to the future of condominium owners for their use and enjoyment of the premises.

Section 40A added: O.I.C. 89-376, N.S. Reg. 45/89.

Part C - Duties of Registrars of Deeds

41   The Registrars of Deeds for the registration districts mentioned in Schedule “A” to these regulations shall keep one or more separate books of registry of a kind approved by the Governor in Council, which books shall constitute the “Condominium Corporations Register” for such registry district.

42   No instrument shall be received by a Registrar of Deeds for registration in the Condominium Corporations Register unless it has been accepted for registration by the Registrar of Condominiums and he has so endorsed the instrument in Form 7; but any instrument so endorsed shall be registered by a Registrar of Deeds notwithstanding any apparent failure of the instrument to comply with this Act, these regulations, or the Registry Act.

43   The books constituting the Condominium Corporations Register shall be numbered separately using the prefix “CR” (e.g. CR-1).

44   When a declaration and description are received from the Registrar of Condominiums, a Registrar of Deeds shall

                (a)    endorse on the declaration and description the day, hour and minute of receipt, which shall be the same for both the declaration and description;

                (b)    assign to the declaration and the description the next available numbers in the day book and make the appropriate entry, showing the declarant named in the declaration as grantor and the Corporation as grantee;

                (c)    the declaration shall be copied into one of the books of the Condominium Corporations Register in accordance with Section 29 of the Registry Act and the description shall either be entered therein or filed in a separate file as the Inspector of Legal and Registry Offices may determine in respect of each Registry.

45   Where, after the registration of a declaration and description, any instrument is received by a Registrar of Deeds from the Registrar of Condominiums, endorsed in accordance with Section 42, the Registrar of Deeds shall register such instrument in the Condominium Corporations Register.

46   Where land is to be added to the common elements, a conveyance may be made by the vendor to the Corporation as grantee and if the conveyance includes or is accompanied by a dedication by the Board in Form 8 the conveyance and dedication shall be registered in the Condominium Corporations Register and the land becomes, upon registration, a part of the common element.

47   A Registrar of Deeds shall not register in the Condominium Corporations Register any instrument other than those mentioned in Sections 44, 45 and 46.

48   (1)    Subject to subsections (2) and (3), any instrument registered pursuant to Sections 45 and 46 shall be indexed in the name of the Condominium Corporation only but shall be indexed on both the left-hand and right-hand pages of the consolidated index.

       (2)    A conveyance of the kind mentioned in Section 40 of the Act or Section 46 of these regulations shall be indexed in the manner prescribed by the Registry Act.

       (3)    A notice of termination shall be indexed showing the corporation as grantor and each of the owners as grantees.

49   The fees set out in Schedule “B” are payable to Registrars of Deeds in respect of services performed by them pursuant to the Act and these regulations, and the fees prescribed by the Costs and Fees Act are not payable to them in respect of such services.

Part D - Duties of the Registrar of Joint Stock Companies

50   The Registrar of Joint Stock Companies shall open a file in respect of every Condominium Corporation created pursuant to the Act and shall deposit therein all documents filed with him relating to such corporation.

51   (1)    Subject to subsection (2), no document shall be filed by the Registrar of Joint Stock Companies unless it has been accepted for registration by the Registrar of Condominiums and he has so endorsed the document in Form 7; but any document so endorsed shall be filed notwithstanding any apparent failure of the document to comply with the Act or these regulations.

       (2)    The following documents shall be filed by the Registrar of Joint Stock Companies notwithstanding that any such document is not endorsed by the Registrar of Condominiums in accordance with subsection (1):

                (a)    an Appointment of Agent in Form 9, if it is executed by an officer of the Corporation under its corporate seal;

                (b)    a statement as to Directors and Officers under the seal of the Corporation pursuant to Section 52.

52   Every corporation shall file with the Registrar of Joint Stock Companies and with the Registrar of Condominiums a statement under the seal of the corporation showing the names, addresses and positions on the Board of its directors and officers, so soon as they are elected, and shall thereafter file such amended statements as may from time to time be necessary to reflect any changes therein.

Section 52 amended: O.I.C. 2000-57, N.S. Reg. 21/2000.

53   The fees set out in Schedule “B” are payable to the Registrar of Joint Stock Companies in respect of his services pursuant to the Act and these regulations and no other fees are exigible therefor.

Part E - Duties of Registrar of Condominiums

54   (1)    A declaration and description shall not be accepted for registration unless in addition to complying with the requirements of Section 11 of the Act,

                (a)    the declaration appears to be executed by every owner of and every person having a registered encumbrance against the land and interests appurtenant to the land described in the description;

                (b)    the declaration is accompanied by such proof as to the execution by every such owner and person as is required by the Registry Act;

                (ba)  proof of valid occupancy permits for all residential units or, in the case of phased-development property, proof of valid occupancy permits for all residential units in the phase, is provided;

Clause 54(ba) added: O.I.C. 89-376, N.S. Reg. 45/89; replaced: O.I.C. 97-43, N.S. Reg. 6/97.

                (c)    approval under the Planning Act in accordance with these regulations has been obtained; and

                (d)    the description has been approved by the Registrar.

Section 54 renumbered subsection 54(1) and amended: O.I.C. 2000-57, N.S. Reg. 21/2000.

       (2)    A declaration and description for a bare land condominium shall comply with the requirements of subsection [54](1), except clause (1)(ba), and shall include

                (a)    a statement of the services and amenities available to the units;

                (b)    a statement of responsibility for connection costs of utilities for the units;

                (c)    a statement of the restrictions on structures that may be placed on the units including such aspects as

                         (i)     design,

                         (ii)    type of building material,

                         (iii)   type of building,

                         (iv)   type of construction,

                         (v)    activities which may be carried out on the unit;

                (d)    a statement identifying the structures completed at the time of registration and that are to be maintained by the corporation;

                (e)    a statement allocating responsibility for the maintenance and repair of common element structures erected after registration; and

                (f)    a provision requiring that preliminary plans for the construction of a unit must be approved by the corporation, which approval shall not be arbitrarily withheld.

Subsection 54(2) added: O.I.C. 2000-57, N.S. Reg. 21/2000.

       (3)    A declarant shall file with the Registrar at the time of registration confirmation that the services and amenities specified in the declaration are completed.

Subsection 54(3) added: O.I.C. 2000-57, N.S. Reg. 21/2000.

54AA declaration and description for an amalgamated corporation shall not be accepted for registration unless it is accompanied by

                (a)    a copy of the status certificate required pursuant to clause 29B(3)(c) of the Act for each of the amalgamating corporations;

                (b)    a certificate in Form 18 executed by each amalgamating corporation confirming that the required percentage of the owners of its units consent to amalgamate the corporations;

                (c)    a supplemental abstract of title for the lands of each amalgamating corporation, prepared in accordance with Section 3, from the date of the abstract filed at the time of the original registration of the corporation;

                (d)    certification by each amalgamating corporation that a copy of the status certificate was served on each of its unit owners;

                (e)    Form 9 appointing an agent for the amalgamated corporation; and

                (f)    the prescribed fee.

Original Section 54A added: O.I.C. 83-1397, N.S. Reg. 254/83; repealed: O.I.C. 92-429, N.S. Reg. 96/92.

Section 54A added: O.I.C. 2000-57, N.S. Reg. 21/2000.

55   Where the instruments mentioned in subsection (2) of Section 40 of the Act are tendered for acceptance for registration, the Registrar shall not accept the conveyance for registration unless

                (a)    it appears to be executed by owners who own at least 80% of the common elements;

Clause 55(a) amended: O.I.C. 2000-57, N.S. Reg. 21/2000.

                (b)    it is accompanied by a release or discharge that appears to be executed by all the persons having registered claims against the common elements created after the acceptance for registration of the declaration and description;

Clause 55(b) amended: O.I.C. 2000-57, N.S. Reg. 21/2000.

                (c)    the conveyance and every release or discharge is accompanied by such proof as to the execution by every such owner and person as is required by the Registry Act; and

                (d)    the conveyance is accompanied by a certificate signed by the authorized officers of and under the seal of the Corporation stating that the sale is authorized by a vote of the owners who at the time of the vote owned 80% of the common elements.

Clause 55(d) amended: O.I.C. 2000-57, N.S. Reg. 21/2000.

56   (1)    A Notice of Termination under Section 36 of the Act shall be in Form 10.

Subsection 56(1) amended: O.I.C. 2000-57, N.S. Reg. 21/2000.

       (2)    A notice in Form 10 may be accepted for registration notwithstanding that it is not received within the ten day period prescribed by subsection (3) or (4) of Section 36 of the Act.

57   (1)    A Notice of Termination under subsection (2) of Section 41 of the Act shall be in Form 11.

       (2)    The Registrar shall not accept the notice of termination in Form 11 for registration unless

                (a)    it appears to be executed by all the owners and all the persons having registered claims against the units and common elements created after the acceptance for registration of the declaration and description; and

                (b)    it is accompanied by such proof as to the execution by every such owner and person as is required by the Registry Act.

       (3)    A notice of termination in Form 11 may be accepted for registration notwithstanding that it does not contain the pro tanto releases of dower in accordance with that form.

58   (1)    Where an order is made under Section 43 of the Act terminating the government of the property by the Act, the order is inoperative in that respect until it is accepted for registration.

       (2)    Where an order of termination is tendered for acceptance for registration, the Registrar shall not accept the order for registration unless the conditions, if any, as to its acceptance for registration as are contained in the order have been complied with, or until proof thereof is furnished to the Registrar.

59   The fees set out in Schedule “B” are payable to the Registrar.

60   The Registrar shall establish and maintain in respect of each registration district mentioned in Schedule “A” to these regulations a list of Condominium Corporations, such list to be in such form as the Registrar may determine.

Part F - The Planning Act

61   (1)    The Registrar of Condominiums shall neither approve a description nor accept a declaration where there exists within the jurisdiction of the municipality where the proposed development is to be undertaken a land use by-law made under the Planning Act unless the applicant furnishes to the Registrar

                (a)    a copy of the applicable development agreement and development permit;

                (b)    where no development agreement is required, a development permit; or

                (c)    a letter from the development officer stating that the proposed development meets the land use requirements of the municipality.

       (2)    The applicant shall furnish to the Registrar, respecting the development agreement and development permit described in subsection (1) hereof, evidence satisfactory to the Registrar that such development agreement and development permit are in full force and effect and that no default has occurred in the performance of such agreement or permit or, if such default has occurred, that the same has been waived.

Section 61 replaced: O.I.C. 84-1327, N.S. Reg. 275/84.

62   (1)    The Registrar of Condominiums shall neither approve a description nor accept a declaration unless the applicant furnishes to the Registrar

                (a)    a building permit issued by a municipal building inspector for the municipal jurisdiction where the proposed development is to be undertaken; or

                (b)    a letter from the building inspector or other municipal official stating that no building permit is required;

together with evidence satisfactory to the Registrar of Condominiums that the plans for the proposed development have been approved by the Provincial Fire Marshal.

       (2)    The applicant shall furnish to the Registrar, respecting the building permit described in subsection (1) hereof, evidence satisfactory to the Registrar that such permit is in full force and effect and has been complied with or, if there has been non-compliance, that the same has been waived.

Section 62 replaced: O.I.C. 84-1327, N.S. Reg. 275/84.

62A  (1)   Notwithstanding Regulations 61 and 62, but subject to subsection (2), where no development agreement and development permit or no building permit is required with respect to a proposed development the Registrar shall neither approve a description nor accept a declaration unless

                (a)    there exists a final plan of subdivision approved by a development officer; and

                (b)    the applicant furnishes to the Registrar a copy of such approved final plan of subdivision together with evidence satisfactory to the Registrar that such plan is in full force and effect and has been complied with or, if there has been non-compliance, that the same has been waived.

       (2)    A final plan of subdivision respecting a proposed development of Bare Land Property is not required to be endorsed by a development officer.

       (3)    This Section shall apply only to proposed developments respecting bare land.

Section 62A added: O.I.C. 74-319, N.S. Reg. 35/74; replaced: O.I.C. 84-1327, N.S. Reg. 275/84.

62B Upon acceptance for registration of the description and declaration

                (a)    the Planning Act and the regulations and by-laws made or existing thereunder shall apply with respect to the proposed development; and

                (b)    this Part shall apply with respect to any alterations or additions thereto.

Section 62B added: O.I.C. 84-1327, N.S. Reg. 275/84.

Part G - General

63   A discharge of judgment issued pursuant to Section 20(2) shall be in Form 12.

64   A discharge of encumbrance given pursuant to Section 28(10) of the Act may be in any convenient form permitted by the Conveyancing Act but shall make specific reference to the unit number and level number “in the condominium administered by the ______________ Condominium Corporation No. ______, the declaration and description of which are registered in the Registry of Deeds at ____________ in book _________ at page _______.”

Section 64 amended: O.I.C. 2000-57, N.S. Reg.. 21/2000.

65   A notice of lien filed by a corporation pursuant to Section 31(6) of the Act shall be in Form 13.

66   A discharge of lien by a corporation shall be in Form 14.

67   A certificate concerning the passage of a by-law given by a corporation shall be in Form 15.

68   (1)    Subject to subsection (2), the requirements of these regulations may be varied by the Registrar to apply to special circumstances.

       (2)    Subsection (1) does not apply in respect of the forms prescribed by these regulations.

Section 69 repealed: O.I.C. 2000-57, N.S. Reg. 21/2000.

70   In addition to the classification of properties set out in Section 8, properties are further classified as follows:

                (a)    commercial property - property which is intended to be divided into units for commercial use;

                (b)    residential property - property which contains a building or buildings which is/are intended to be divided into units to be used for residential premises or property which contains more than one single detached dwelling provided the property is located in an area where a Municipal Land Use By-law is in effect;

Clause 70(b) amended: O.I.C. 94-478, N.S. Reg. 95/94.

                (c)    recreational property - property that may also contain a building or buildings that are intended to be divided into units to be used for recreational purposes;

Clause 70(c) replaced: O.I.C. 2000-57, N.S. Reg. 21/2000.

                (d)    bare-land property that contains units that consist of land on which dwellings may be located or constructed after purchase;

Original clause 70(d) repealed: O.I.C. 92-429, N.S. Reg. 96/92; clause 70(d) added: O.I.C. 2000-57, N.S. Reg. 21/2000.

                (e)    mixed-use property - property that contains more than one of the classes of property described in this Section;

Clause 70(e) replaced: O.I.C. 2000-57, N.S. Reg. 21/2000.

                (f)    phased-development property - property in relation to which the declarant may create additional units or common elements in a corporation by amending the registered declaration and description.

Clause 70(f) added: O.I.C. 97-43, N.S. Reg. 6/97.

Section 70 added: O.I.C. 84-1327, N.S. Reg. 275/84; amended: O.I.C. 2000-57, N.S. Reg. 21/2000.

71   The Registrar may accept for registration the following classes of property:

                (a)    commercial property;

                (b)    residential property;

                (c)    recreational property;

Clause 71(c) replaced: O.I.C. 2000-57, N.S. Reg. 21/2000.

                (d)    bare land property;

                (e)    phased-development property;

Clause 71(e) added: O.I.C. 97-43, N.S. Reg. 6/97.

                (f)    mixed-use property.

Clause 71(f) added: O.I.C. 2000-57, N.S. Reg. 21/2000.

Section 71 added: O.I.C. 84-1327, N.S. Reg. 275/84; replaced: O.I.C. 92-429, N.S. Reg. 96/92.

72   The Registrar shall not accept for registration any document that requires approval of the corporation members unless that approval has been given not more than three months before the date the document is submitted for registration.

Original Section 72 added: O.I.C. 84-1327, N.S. Reg. 275/84; repealed: O.I.C. 92-429, N.S. Reg. 96/92.

Section 72 added: O.I.C. 94-477, N.S. Reg. 94/94.

72AA declarant shall file with the Registrar the following information in relation to a consolidation of 2 or more units, along with the prescribed fee:

                (a)    a diagram of the consolidated unit prepared by an architect and certified by the architect in Form 20; and

                (b)    Form 16 attesting that at least 66 2/3% of the owners of the common elements have voted in favour of the consolidation.

Section 72A added: O.I.C. 2000-57, N.S. Reg. 21/2000.

72B Every annual financial statement referred to in Section 24A of the Act shall include the following:

                (a)    budget allocations and actual expenditures for the year reported;

                (b)    details of the investments of the reserve fund, including

                         (i)     the financial institution(s) holding the funds,

                         (ii)    the total amount of the fund,

                         (iii)   the instruments in which the funds are invested, and

                         (iv)   the terms of the investments, including interest rates and maturity dates;

                (c)    a statement by the auditor as to

                         (i)     the current amount in the reserve fund for the reporting period, and what percentage this is of the amount required by the reserve-fund study pursuant to Part K, and

                         (ii)    the opinion of the auditor on the viability of the plan adopted by the corporation to achieve the required fund amount within the period prescribed in the reserve-fund study.

Section 72B added: O.I.C. 2000-57, N.S. Reg. 21/2000.

Part H - Corporation Management

73   In addition to the items mentioned in Section 17 of the Act, when the declarant ceases to own a majority of the units in the property, the declarant shall provide to the corporation, without charge:

                (a)    bank, trust company, or credit union accounts holding the reserve fund and any other fund of the condominium;

                (b)    copies of all financial statements prepared respecting the reserve or other fund;

                (c)    a listing of all the units sold in the property, together with the names and addresses of the unit owners, and those which remain unsold or as rental units.

Clause 73(c) amended: O.I.C. 2000-57, N.S. Reg. 21/2000.

Section 73 added: O.I.C. 89-376, N.S. Reg. 45/89.

74   In the case of a phased-development condominium, in addition to the items mentioned in clause 31(1)(f) of the Act, the corporation, on the application of an owner or purchaser of a unit and common interest, shall attach to the estoppel certificate a copy of any information relating to the phases provided by the developer to the owners.

Section 74 replaced: O.I.C. 2000-57, N.S. Reg. 21/2000.

Part I - Agreements of Purchase and Sale

75   (1)    Pursuant to subsection 44(1) of the Act, every agreement of purchase and sale entered into by a declarant as vendor of a unit or a proposed unit shall include the following provisions:

                (a)    that the vendor shall deliver to the purchaser a copy of the proposed or approved survey or design plans of the condominium showing

                         (i)     the perimeter of the horizontal surface of the land and the perimeter of the buildings, if any,

                         (ii)    the shape of the unit, the boundaries of the unit, the location of the unit in relation to the other units, and the location of the unit in reference to the buildings and level number, if any,

                         (iii)   the common elements including those intended for the exclusive use of the owner;

                (b)    that the vendor shall deliver to the purchaser the proposed or approved declaration, by-laws and common element rules and regulations of the corporation; and

                (c)    that upon receipt of the documentation required by clauses (a) and (b), the purchaser shall have five days to review the documents to determine whether there is anything contained in them which materially affects the purchaser’s enjoyment of the property, and if within that time the purchaser makes any objection in writing to the vendor that the vendor is unable or unwilling to remove and the purchaser will not waive, the agreement shall be null and void and the deposit shall be returned to the purchaser, without interest and without liability by the vendor for any expenses incurred or damages sustained by the purchaser.

       (2)    In addition to the requirements in clauses (1)(a), (b) and (c), every agreement of purchase and sale for the purchase of a phased-development property unit or proposed unit from the declarant shall contain a disclosure statement made by the declarant, containing the following information:

                (a)    a statement whether the declarant intends to create an additional phase or phases after the creation of the phase containing the unit or proposed unit;

                (b)    a statement that the declarant is not required to create a phase after the creation of the unit or the proposed unit;

                (c)    a statement that sets out the estimated registration dates of the amendments to the declaration and description required for creating each phase that the declarant intends to create after the creation of the unit or proposed unit;

                (d)    a statement that sets out, for each phase that the declarant intends to create after the creation of the unit or proposed unit,

                         (i)     the approximate location of the buildings and structures,

                         (ii)    the approximate number of the units,

                         (iii)   a statement of the proportions of the common interests and common expenses, expressed in percentages, attributable to the units after the creation of the phase, and

                         (iv)   a list of the facilities and services that the owners will share after the creation of the phase,

and all requirements set out in clause (1)(c) shall apply, with the necessary modifications, to this subsection.

Section 75 added: O.I.C. 89-376, N.S. Reg. 45/89; replaced: O.I.C. 97-43, N.S. Reg. 6/97.

Part J - Phased-Development Property

76   (1)    In addition to the requirements set out in Section 11 of the Act, a declaration for a phased-development property shall include the following:

                (a)    a statement that the condominium corporation created is a phased-development property;

                (b)    a description of each phase and the approximate number of units included in each phase;

                (c)    a statement of the approximate location of the buildings and structures included in each phase;

                (d)    a statement expressed in percentages of the proportions of the common interests and common expenses attributable to the units after the creation of the phase and after the addition of each subsequent phase;

Clause 76(1)(d) amended: O.I.C. 2000-57, N.S. Reg. 21/2000.

                (e)    a list of the facilities and services that the owners will share after the creation of the phase;

                (f)    a statement that the declarant is not required to create a phase after the creation of the present phase;

Clause 76(1)(f) added: O.I.C. 97-418, N.S. Reg. 77/97.

                (g)    a statement that sets out the estimated registration dates of the amendments to the declaration and description required for creating each phase that the declarant intends to create after the creation of the present phase;

Clause 76(1)(g) added: O.I.C. 97-418, N.S. Reg. 77/97.

                (h)    a copy of the proposed or approved survey or design plans of the condominium showing

                         (i)     the perimeter of the horizontal surface of the land and the perimeter of the buildings, if any,

                         (ii)    the shape of the units, the boundaries of the units, the location of the units in relation to each other, and the location of the units in reference to the buildings and level numbers, if any,

                         (iii)   the common elements, including those intended for the exclusive use of the owners;

Clause 76(1)(h) added: O.I.C. 97-418, N.S. Reg. 77/97.

                (i)     the by-laws and common element rules and regulations of the corporation;

Clause 76(1)(i) added: O.I.C. 97-418, N.S. Reg. 77/97.

                (j)     a conceptual design of the entire development identifying the location, size, number and general style of the units or land in each phase.

Clause 76(1)(j) added: O.I.C. 97-418, N.S. Reg. 77/97.

Clause 76(1)(k) added: O.I.C. 97-418, N.S. Reg. 77/97; repealed: O.I.C. 2000-57, N.S. Reg. 21/2000.

       (2)    The declarant shall file with the Registrar an amendment to both the declaration and description and, where the amendment is significantly different from the documents filed with the initial declaration, proof of the approval of all unit owners to create a phase, in a form satisfactory to the Registrar.

Subsection 76(2) amended: O.I.C. 97-418, N.S. Reg. 77/97; O.I.C. 2000-57, N.S. Reg. 21/2000.

       (2A)   A unit owner may not unreasonably withhold the approval required by subsection (2).

Subsection 76(2A) added: O.I.C. 97-418, N.S. Reg. 77/97; replaced: O.I.C. 2000-57, N.S. Reg. 21/2000.

       (2B)   The declarant shall provide the corporation and all owners of units at least 14 days’ notice of the intention to register a phase.

Subsection 76(2B) added: O.I.C. 97-418, N.S. Reg. 77/97.

       (2C)   If the amendment to create the proposed phase is significantly different from the documents filed with the initial declaration, the declarant shall provide the corporation and all owners of units at least 60 days’ notice of the intention to register the phase, along with

                  (a)   copies of the amendments to the declaration, description and the bylaws that will be filed to register the new phase; and

                  (b)  the location and times at which the plans for the new phase may be viewed.

Subsection 76(2C) added: O.I.C. 97-418, N.S. Reg. 77/97.

       (2D)   If the statements required by clause (1)(d) for any two phases are the same, the declarant may substitute one phase for the other in the order in which they are created.

Subsection 76(2D) added: O.I.C. 97-418, N.S. Reg. 77/97; amended: O.I.C. 2000-57, N.S. Reg. 21/2000.

       (2E)   Despite subsection (2C), where the requirements of subsections (2) and (2A) have been fulfilled, the amendment to the declaration may be filed with the Registrar before the 60-day notice period has elapsed.

Subsection 76(2E) added: O.I.C. 97-418, N.S. Reg. 77/97.

       (3)    The amendment to the description required to create a phase shall comply with subsection 12(1) of the Act and Sections 7 to 40A of these regulations.

       (4)    In addition to the requirements in subsection (3), the amendment to the declaration required to create a phase shall include

                (a)    the consent of every person having a registered mortgage against, or interest appurtenant to, the land included in the phase, as the land and the interests are described in the amendment to the description required to create a phase;

                (b)    a statement of the proportions of common interests, expressed in percentages, attributable to the units in the corporation after the creation of the phase;

                (c)    a statement of the proportions of common expenses, expressed in percentages, which will be allocated to the units in the corporation after the creation of a phase;

                (d)    a specification of all parts of the common elements included in the phase that are to be used by the owners of one or more designated units and not by all the owners.

       (5)    The amendment to the declaration and description required to create a phase shall not be registered unless

                (a)    all the buildings and structures included in the phase described in the amendment to the description have been constructed; and

                (b)    all facilities and services have been installed and provided to the extent necessary to ensure the independent operation of the corporation if no subsequent phases are created, as determined by the municipality in which the land of the corporation is situated.

       (6)    When the declarant ceases to own a majority of the units in the phase,

                (a)    all documents relating to the phase shall be given to the corporation and the phase shall be considered part of the corporation; and

                (b)    the corporation may, upon providing 60 days’ notice, terminate any management agreements entered into by the declarant in relation to the phase.

Subsection 76(6) added: O.I.C. 97-418, N.S. Reg. 77/97.

Section 76 added: O.I.C. 97-43, N.S. Reg. 6/97.

Part K - Reserve-fund Studies

General

77   (1)    In this Part,

                (a)    “component” means an individual item that is included in the physical analysis portion of a reserve-fund study as described in subsection 79(2), and shall include an item

                         (i)     that is the responsibility of the corporation,

                         (ii)    for which major repair or replacement costs are anticipated to be incurred during its useful life,

                         (iii)   for which the costs of repair or replacement will not be covered as part of the annual operating or maintenance budget;

                (b)    “master reserve-fund spread sheet” means a spread sheet with calculations of the annual funding requirements for each component based on its remaining useful life, the basic annual contribution and the shortfall contribution options, but without an allowance for inflation or interest earned;

                (c)    “projected cash flow tables” means tables that demonstrate the effect of interest earned on investments and inflation of expenses and validate that a shortfall option will not jeopardize the funding plan;

                (d)    “reserve-fund study” means a study undertaken to determine a funding plan that adequately offsets expenditures for major repair or replacement of components;

                (e)    “remaining useful life” means the estimated time, in years, that a component can be expected to continue to serve its intended function.

       (2)    Subject to subsection 31(1D) of the Act, a declarant shall file a reserve-fund study for all the registered units of a phased development upon the registration of the 10th unit and for all units in subsequent registered phases, upon the registration of the phase.

       (3)    A person preparing a reserve-fund study may gather information from various persons.

       (4)    The following classes of persons are qualified to prepare reserve-fund studies:

                (a)    reserve-fund analysts certified by the Canadian Condominium Institute;

                (b)    professional engineers licensed to practice in Nova Scotia, with experience in costing, cost flow forecasting and building construction and restoration, and familiarity with condominium legislation.

       (5)    A person preparing a reserve-fund study for a corporation shall be independent of the corporation.

Section 77 added: O.I.C. 2000-57, N.S. Reg. 21/2000.

Reserve-fund study requirements

78   A reserve-fund study shall consist of

                (a)    a comprehensive reserve-fund study in accordance with Section 79 every 10 years;

                (b)    updates of the reserve-fund studies in accordance with Section 80, at 5-year intervals or at any time that there is significant change to the assets of the corporation;

                (c)    a reserve-fund status certificate in accordance with Section 81.

Section 78 added: O.I.C. 2000-57, N.S. Reg. 21/2000.

Comprehensive reserve-fund study

79   (1)    A comprehensive reserve-fund study required pursuant to clause 78(a) shall consist of

                (a)    a statement of assumptions regarding inflation, interest, maintenance and affordability that were made in making the report;

                (b)    a funding plan based on a physical analysis and a financial analysis that shows the amount of the annual contribution required to be paid into the reserve-fund to adequately offset expenditures for the major repair or replacement of the components; and

                (c)    the opinion of the person preparing the study that the fund should be adequate to offset the expenditures for the major repair or replacement of the components if the corporation makes contributions as recommended in the study.

       (2)    The physical analysis referred to in clause (1)(b) shall be based on a component assessment report containing the following information:

                (a)    the component inventory;

                (b)    the component assessment;

                (c)    the anticipated useful life of each component;

                (d)    the remaining useful life of each component (including maintenance and repairs);

                (e)    the current replacement cost of each component.

       (3)    A component that is scheduled for major repair or replacement in the year of the reserve-fund study shall be deemed to have no remaining useful life.

       (4)    The component inventory referred to in clause 2(a) shall be based on

                (a)    an on-site review;

                 (b)    a review of the corporation’s architectural, electrical and mechanical plans;

                (c)    a review of the declaration and by-laws; and

                (d)    a review of the corporation’s history with respect to the maintenance, replacement and repair of its components and any planned changes to its components.

       (5)    The component assessment referred to in clause 2(b) shall be based on

                (a)    an on-site review of the major common area components, including consideration of aesthetics;

                (b)    a review of

                         (i)     structural and architectural plans,

                         (ii)    previous inspection reports,

                         (iii)   complaints from occupants of units regarding structure or facilities and,

                         (iv)   maintenance records; and

                (c)    interviews with the manager and superintendent.

       (6)    The financial analysis referred to in clause (1)(b) shall consist of an evaluation and analysis of the corporation’s reserve-fund income and expenses, and shall include the following information:

                (a)    the current reserve-fund balance;

                (b)    the estimated interest payable on the reserve-fund balance over the study period;

                (c)    the repair and replacement schedule, including dates and cost outlay;

                (d)    the anticipated effect of inflation on reserve-fund expenses over the period of the study;

                (e)    a master reserve-fund spread sheet; and

                (f)    projected cash flow tables, including

                         (i)     data indicating whether the current annual contribution is adequate to address the repair and replacement schedule, and

                         (ii)    details of several possible fund accumulation scenarios demonstrating the compounding of the interest earned on the fund into the fund and demonstrating the utilization of the interest as a portion of the contributions to the fund.

Section 79 added: O.I.C. 2000-57, N.S. Reg. 21/2000.

Update of the reserve-fund studies

80   The update of the reserve-fund studies required pursuant to clause 78(b) shall be prepared after a site visit and shall include current information with respect to the following:

                (a)    the component inventory prepared pursuant to clause 79(2)(a);

                (b)    the component assessment prepared pursuant to clause 79(2)(b);

                (c)    the remaining useful life and replacement costs of components;

                (d)    the information provided in compliance with subsection 79(6).

Section 80 added: O.I.C. 2000-57, N.S. Reg. 21/2000.

Reserve-fund status certificate

81   A reserve-fund status certificate required pursuant to clause 78(c) shall be completed by the person preparing the reserve-fund study at the time the study or update is completed and shall provide

                (a)    the balance in the reserve-fund at the beginning of the current year;

                (b)    the annual contribution to the reserve-fund recommended to be made during the current and subsequent fiscal years of the study period;

                (c)    a statement summarizing the repair, maintenance and replacement recommendations of the latest reserve-fund study or update; and

                (d)    the opinion required by clause 79(1)(c).

Section 81 added: O.I.C. 2000-57, N.S. Reg. 21/2000.

Part L - Arbitration Process

82   (1)    A list of persons qualified to be arbitrators for the purpose of Section 33 of the Act shall be prepared by the Registrar and the Registrar shall determine the maximum number of names on the list.

       (2)    A person acting as an arbitrator for the purpose of Section 33 of the Act shall

                (a)    be a member in good standing of the Atlantic Provinces Arbitration and Mediation Institute (APAMI);

                (b)    have demonstrated arbitration or condominium experience to the satisfaction of the Registrar;

                (c)    agree in writing to

                         (i)     charge a maximum fee of $1000 per day or $500 per half day for the hearing plus $150 per hour for writing the decision,

                         (ii)    attend related training provided by the Registrar, and

                         (iii)   abide by the protocols set by the Registrar; and

                (d)    pay the applicable fees prescribed in Schedule “B”.

       (3)    A person may apply in writing to the Registrar to be added to the list of persons qualified to be arbitrators.

Section 82 added: O.I.C. 2000-57, N.S. Reg. 21/2000.

Part M - Penalties

83   (1)    The following is the scale of fines pursuant to Section 45A of the Act:

Number of units

in corporation

First

offence

Second

offence

Third and any subsequent offences

1-25 units

$1000.00

$2500.00

$5000.00

26-100 units

$2500.00

$5000.00

$7500.00

more than 100 units

$5000.00

$7500.00

$10 000.00

       (2)    Pursuant to subsection 45A(4) of the Act, the Registrar may waive a penalty set out in subsection (1) where the corporation submits proof to the satisfaction of the Registrar of

                (a)    the incapacity of

                         (i)     the person preparing the reserve-fund study or the annual financial statement, or

                         (ii)    the Board or property manager

by reason of death, injury, or illness;

                (b)    a catastrophic circumstance affecting the completion of the reserve-fund study or annual financial statement such as fire, flood or other disaster; or

                (c)    other unanticipated impediments to the completion of the reserve-fund study or annual financial statement.

Section 83 added: O.I.C. 2000-57, N.S. Reg. 21/2000.

Schedule “A” - Registration Districts

REGISTRATION DISTRICTS                                         Component to be used

Designated by the Governor in                                          in corporate name

Council under Section 9 of the Act

       The County of Annapolis                                           Annapolis County

       The County of Antigonish                                          Antigonish County

       The County of Cape Breton                                       Cape Breton County

       The County of Colchester                                          Colchester County

       The County of Cumberland                                        Cumberland County

       The County of Digby                                                 Digby County

       The County of Guysborough                                      Guysborough County

       The County of Hants                                                  Hants County

       The County of Halifax                                                Halifax County

       The County of Inverness                                            Inverness County

       The County of Kings                                                  Kings County

       The County of Lunenburg                                          Lunenburg County

       The County of Pictou                                                 Pictou County

       The County of Queens                                                Queens County

       The County of Richmond                                           Richmond County

       The County of Shelburne                                           Shelburne County

       The County of Victoria                                              Victoria County

       The County of Yarmouth                                           Yarmouth County

Schedule “A” replaced: O.I.C. 2000-57, N.S. Reg. 21/2000.

Schedule “B” Fees

Fees payable to the Registrar of Condominiums

1     The following fees are payable to the Registrar of Condominiums:

                (a)    for examination of a description

                         (i)     where the units have been constructed for residential use or are bare-land units, $2.26 per $1000.00 of advertised sale price per unit in the initial offer for sale,

Subclause 1(a)(i) amended: O.I.C. 2009-164, N.S. Reg. 85/2009.

                         (ii)    where the units have been constructed for recreational use, $4.46 per $1000.00 of advertised sale price per unit in the initial offer for sale,

Subclause 1(a)(ii) amended: O.I.C. 2009-164, N.S. Reg. 85/2009.

                         (iii)   where the units have been constructed for commercial use, $6.72 per $1000.00 per unit of advertised sale price in the initial offering of the units by the developer, or assessed market value, whichever is greater;

Subclause 1(a)(iii) amended: O.I.C. 2009-164, N.S. Reg. 85/2009.

                (b)    for re-examination of a description

                         (i)     where the units have been constructed for residential use or are bare-land units, $0.56 per $1000.00 of advertised sale price per unit in the initial offer for sale or assessed market value, whichever is greater;

Subclause 1(b)(i) amended: O.I.C. 2009-164, N.S. Reg. 85/2009.

                         (ii)    where the units have been constructed for recreational use, $1.12 per $1000.00 of advertised sale price per unit of [in] the initial offer or assessed market value, whichever is greater;

Subclause 1(b)(ii) amended: O.I.C. 2009-164, N.S. Reg. 85/2009.

                         (iii)   where the units have been constructed for commercial use, $2.26 per $1000.00 of advertised sale price per unit in the initial offer for sale or assessed market value, whichever is greater;

Subclause 1(b)(iii) amended: O.I.C. 2009-164, N.S. Reg. 85/2009.

                (c)    for examination of a declaration - $112.09;

Clause 1(c) amended: O.I.C. 2009-164, N.S. Reg. 85/2009.

                (d)    for acceptance of a declaration and a description - $224.19;

Clause 1(d) amended: O.I.C. 2009-164, N.S. Reg. 85/2009.

                (e)    for examination of the by-laws - $84.07;

Clause 1(e) amended: O.I.C. 2009-164, N.S. Reg. 85/2009.

                (f)    for acceptance for registration of the by-laws at the time of registration of the corporation - $112.09;

Clause 1(f) amended: O.I.C. 2009-164, N.S. Reg. 85/2009.

                (g)    for acceptance for registration of amendments to the by-laws - $56.04;

Clause 1(g) amended: O.I.C. 2009-164, N.S. Reg. 85/2009.

                (h)    for acceptance for registration of the diagram of a consolidated unit and the form required by subsection 14(5) of the Act - $112.09;

Clause 1(h) amended: O.I.C. 2009-164, N.S. Reg. 85/2009.

                (i)     for certifying a copy of a document - $11.21;

Clause 1(i) amended: O.I.C. 2009-164, N.S. Reg. 85/2009.

                (j)     for the arbitration process:

                         (i)     to be added to the Registrar’s list of arbitrators - $280.23,

Subclause 1(j)(i) amended: O.I.C. 2009-164, N.S. Reg. 85/2009.

                         (ii)    for the training course for arbitrators - $280.23,

Subclause 1(j)(ii) amended: O.I.C. 2009-164, N.S. Reg. 85/2009.

                         (iii)   for an application for arbitration - $112.09.

Subclause 1(j)(iii) amended: O.I.C. 2009-164, N.S. Reg. 85/2009.

Fees payable to the Registrar of Deeds

2     (1)    The following fees prescribed by the Costs and Fees Act are payable to the Registrar of Deeds:

                (a)    for registration of a declaration and description - $119.94 plus $11.99 per unit;

Clause 2(1)(a) amended: O.I.C. 2009-164, N.S. Reg. 85/2009.

                (b)    for registration of any other document - $39.23;

Clause 2(1)(b) amended: O.I.C. 2009-164, N.S. Reg. 85/2009.

                (c)    for certifying a copy of any document filed - $28.03.

Clause 2(1)(c) amended: O.I.C. 2009-164, N.S. Reg. 85/2009.

Fees payable to the Registrar of Joint Stock Companies

3     The following fees are payable to the Registrar of Joint Stock Companies:

                (a)    for filing a declaration and description or the documents pertaining to an amalgamation of two or more corporation[s] - $56.04;

Clause 3(a) amended: O.I.C. 2009-164, N.S. Reg. 85/2009.

                (b)    for certifying a document of 10 pages or less - $11.21;

Clause 3(b) amended: O.I.C. 2009-164, N.S. Reg. 85/2009.

                (c)    for certifying a document of 10 pages or more - $22.42.

Clause 3(c) amended: O.I.C. 2009-164, N.S. Reg. 85/2009.

Schedule “B” replaced: O.I.C. 2000-57, N.S. Reg. 21/2000.

Form 1 - Barrister’s Certificate Report on Title

Condominium Act

(Barrister’s Letterhead)

To the Registrar of Condominiums

I (we) have examined the documents recorded at the Office of the Registrar of Deeds for the registration district of ______________________ at ____________________, and based upon such examination I am (we are) of opinion that (name of declarant) is the owner of good and merchantable title in fee simple to the lands described in the abstract of title attached hereto, subject to (no) (the following) encumbrances.

(Any encumbrances should be set out, showing type of encumbrance, date, name of encumbrancer and book and page reference.)

After consultation with (name of declarant) I am (we are) not aware of the existence of any other claim adverse or inconsistent with the applicants to any part of the land or to any interest therein

or

After consultation with (name of declarant) I am (we are) aware of the following claims

adverse or inconsistent with the applicants:

(give particulars of adverse claims)

Dated at ___________ this ___ day of __________ ___.

_______________________________________________

(signature of barrister or firm)

Form 2 - Surveyor’s Certificate Report on Title

Condominium Act

I hereby certify that

1.    The description of the property included in the abstract of title prepared by (name of barrister) pursuant to Section 2 of the regulations was prepared by me, and accurately reflects the results of the survey conducted by me.

2.    The attached plan of survey has been prepared by me in accordance with the Condominium Act, and the regulations made thereunder.

Dated at ___________ this _____ day of ______________, ___.

____________________________________________ (signature)

____________________________________________ (name in print)

Nova Scotia Land Surveyor

Form 3 repealed: O.I.C. 89-376, N.S. Reg. 45/89.

Form 4 - Surveyor’s Certificate

Condominium Act

I hereby certify that

1.    This plan accurately shows the manner in which the land located therein has been surveyed by me;

2.    This plan and survey are correct and have been made in accordance with the Condominium Act and the regulations made thereunder.

3.    The survey was completed on the ______ day of______________, _____.

_____________________________________

(signature)

___________________

(date)                                           ______________________________________

(name in print)

Nova Scotia Land Surveyor

Form 5 - Surveyor’s Certificate

Condominium Act

I hereby certify that the building(s) shown on this plan is (are) in existence and that the units designated on this plan substantially represent the units within the structure(s).

____________________________________________

(signature)

___________________

(date)                                                     ____________________________________________

(name in print)

Nova Scotia Land Surveyor

Form 6 - Owner’s Certificate

Condominium Act

This is to certify that the property included in this plan has been laid out into units and common elements in accordance with my (our) instructions.

Dated at __________ this _____ day of __________, ____.

____________________________________________

(signature)

____________________________________________

(name in print)

Form 7 - Registrar of Condominiums

Approved for registration this day of , .

Registrar/Deputy Registrar of Condominiums

Form 7 replaced: O.I.C. 2000-57, N.S. Reg. 21/2000.

Form 8 - Dedication of Additional Land to Common Elements

Condominium Act

The Board of the ______________ Condominium Corporation No. ________ hereby dedicates the land described in a deed from _____________ to the _______________ Condominium Corporation No. _________ dated the ______ day of ____________, ______ as an addition to the common elements of the Condominium administered by such Corporation, the declaration and description of which are registered in the Registry of Deeds at ___________ in book CR-________ at page _______.

WITNESS the seal of the Corporation duly affixed by the authorized officers of the

Corporation at ______________ this ____ day of ___________, ____.

__________________________________________

__________________________________________

(signatures)

(Affidavit of Execution)

Form 9 - Appointment of Agent

Condominium Act

________________ Condominium Corporation No. __________hereby appoints ___________________________________ of ______________ in the County of _______________, Province of Nova Scotia, as its recognized agent resident within Nova Scotia, service upon whom any writ, summons, process, notice or other document shall be deemed to be sufficient service upon the Corporation, and this appointment shall be and remain in force until notice in writing by the Corporation that he has

ceased to be such agent is filed at the Registrar of Joint Stock Companies at Halifax.

Dated the ______ day of _________, _____.

_________________ Condominium Corporation No. _____.

By _____________________________________

(to be signed by the Declarant in the case of the first

appointment and thereafter by an officer of the Corporation)

Form 10 - Notice of Termination

(pursuant to subsection 36(3) or 36(4) of the Condominium Act)

__________________ Condominium Corporation No. __________ hereby gives notice under subsection 36( ) of the Condominium Act, that

       (a)    the board of directors of the Corporation did on __________ determine that

(date)

substantial damage to 25 percent (or such greater percentage as is specified in the declaration) of the value of the building occurred on ______________;

(date)

       (b)    on a vote, on _______________ , the owners who at that time

(date)

owned 80 percent of the common elements did not vote for repair.

OR

Where notice is given under subsection 36(4), replace clause (b) above with the following:

       (b)    there was no vote under subsection 36(2) of the Act within 60 days after the determination.

This notice is given in respect of the property included in the Condominium administered by the Corporation, the declaration and description of which are registered in the Registry of Deeds at _________ in Book CR-_______ at page _____.

Upon acceptance of this notice for registration, Section 42 of the Condominium Act applies.

WITNESS the seal of the Corporation duly affixed by the authorized officers of the Corporation on ________________.

(date)

SIGNED, SEALED AND DELIVERED

in the presence of

______________________         )                   Condominium Corporation

                                                                         )          No. ______________________

                                                                         )          By_______________________

                                                                         )          By________________________

(Affidavit of Execution                                    )

Form 10 replaced: O.I.C. 2000-57, N.S. Reg. 21/2000.

Form 11 - Notice of Termination under Section 41 of the Act

Condominium Act

We, ______________ Condominium Corporation No. ________ and the undersigned, being all the members of the Corporation and all the persons having registered claims against the property created after the acceptance for registration of the declaration and description, hereby give notice under subsection (2) of Section 41 of the Condominium Act, that, by a vote on the ___ day of __________ ____, the owners who at that time owned 100 percent of the common elements authorized the termination of the government by the Condominium Act of the property included in the Condominium administered by such corporation the declaration and description of which are registered in the Registry of Deeds at __________ in Book CR-______ at page _____.

And that all the persons having registered claims, as aforesaid, having consented, upon the acceptance for registration of this notice, Section 42 of the Condominium Act applies.

WITNESS the seal of the Corporation duly affixed by the authorized officers of the Corporation at _______________ this ______ day of _______________ _____.

SIGNED, SEALED & DELIVERED        )

in the presence of                                       )    ________________________________

                                                                   )    Condominium Corporation

                                                                   )    No. _________________

                                                                   )    By _____________________________

                                                                   )    By _____________________________

OWNERS

(Witness)                                        ______________________________

(signature of individual)

(NAME AS REGISTERED IN PRINT)

Re: UNIT LEVEL

(Corporate Seal)                             (signatures of officers of corporate owner)

(NAME OF CORPORATE OWNER IN PRINT)

Re: UNIT LEVEL

REGISTERED CLAIMANTS

(Witness)                                        _____________________________________

(signature of individual)

(NAME AS REGISTERED IN PRINT)

Re: UNIT LEVEL

(or Re: ALL UNITS AND COMMON ELEMENTS)

(Corporate Seal)                             (Signatures of officers of corporate claimant)

(NAME OF CORPORATE OWNER IN PRINT)

Re: UNIT LEVEL

(or Re: ALL UNITS AND COMMON ELEMENTS)

PRO TANTO RELEASES OF DOWER

The undersigned each hereby bars her dower to the extent necessary to release the interests in common, other than the interest in common of her husband, created upon

the registration of this notice.

Witness                                          ________________________________________

(NAME IN PRINT)

WIFE OF (name of owner as registered, in print)

Re: UNIT LEVEL

Form 11 amended: O.I.C. 2000-57, N.S. Reg. 21/2000.

Form 12 - (Title of Action) - Discharge of Judgment under the Condominium Act

Re:____________________ Condominium Corporation No. ___________________

______________________________________________________ (name of owner)

Unit No. ________________________ Level No. ____________________________

The Plaintiff, having received payment of the sum of ____________________ (which sum is the proportionate part of the judgment obtained by the Plaintiff in this action for which ___________ (name of owner) is responsible by virtue of the Condominium Act, and the declaration of _____________ Condominium Corporation No. ____) and pursuant to subsection (2) of Section 20 of the Condominium Act, hereby discharges and releases ________________ (name of owner) absolutely from the said judgment.

Dated at ________________, this _____ day of ______________

_____________________________________

Plaintiff

(Affidavit of Execution)

Form 13 - Notice of Lien under Subsection (6) of Section 31 of the Act

Condominium Act

_________________ Condominium Corporation No. _____ hereby gives notice under subsection (6) of Section 31 of the Condominium Act, that, upon registration of this notice the Corporation has a lien against Unit ______ Level ____ of the Condominium administered by it, (the declaration and description of which are registered in the Registry of Deeds at _________ in Book CR-______ at page _____) and the common interest appurtenant thereto for the amount of $________, being the amount of the default of the owner(s), (full names, as appear on the conveyance to them) in his (her, their) obligation to contribute towards the common expenses.

WITNESS the seal of the Corporation duly affixed by the authorized officers of the

Corporation this ____ day of __________, ______.

SIGNED, SEALED & DELIVERED        )

in the presence of                                       )          _______________________________

                                                                   )          Condominium Corporation No. ______

)

                                                                   )          By _____________________________

                                                                   )          By _____________________________

(Affidavit of Execution)

Form 14 - Discharge of Lien under S[ubs]ection 31(10) of the Act

Condominium Act

______________________ Condominium Corporation No. ________ having received payment of the amount mentioned in the notice of lien registered at the Office of the Registrar of Deeds for the registration District of __________ at ____________ in Book _____ at page ____ in respect of Unit _____ Level _____ of the Condominium administered by such Corporation, hereby discharges such unit from the said lien.

WITNESS the seal of the Corporation duly affixed by the authorized officers of the Corporation this ____ day of ______________________.

SIGNED, SEALED & DELIVERED        )

in the presence of                                       )          ________________________________

                                                                   )          Condominium Corporation

                                                                   )          No. _________________

)

                                                                   )          By _____________________________

                                                                   )          By _____________________________

(Affidavit of Execution)

Form 15 - Corporation By-laws

Condominium Act

To the Registrar of Condominiums:

Condominium Corporation No.___________________ hereby certifies that the attached by-law(s) was (were) made by the members of this Corporation at a meeting held on the _____ day of ___________________ for that purpose. Members owning 60 percent of the common elements voted in favour thereof.

The Corporation further certifies that the by-law(s) was (were) in all respects made in accordance with this Act, the declaration and the by-laws of the Corporation.

WITNESS the seal of the Corporation duly affixed by the authorized officers of the Corporation this _____ day of __________ ____.

________________________ Condominium

Corporation No. _______________________

By __________________________________

By __________________________________

Form 15 amended: O.I.C. 2000-57, N.S. Reg. 21/2000.

Form 16 - Consent for Consolidation of Units

(pursuant to Section 72A of the regulations made under the Condominium Act)

To the Registrar of Condominiums:

___________ County Condominium Corporation No. ______ hereby certifies that the consolidation of unit numbers _____________ was voted on by the members of the Corporation at a meeting held on __________,____ for that purpose, and that members

(date)

owning at least 66 2/3% of the common elements voted in favour thereof.

The Corporation further certifies that the agreement for consolidation of the units was completed in accordance with the Condominium Act and regulations.

Attached is a diagram of the consolidated units duly completed by an architect.

Witness the seal of the Corporation duly affixed by the authorized officers of the Corporation.

Dated ____________, ___________.

____________ County Condominium Corporation No. __________

By _________________________

By _________________________

(Seal of Corporation)

Form 16 added: O.I.C. 2000-57, N.S. Reg. 21/2000.

Form 17 - Certificate of Consolidation

(pursuant to subsection 14(5) of the Condominium Act)

This is to certify that the application to consolidate unit numbers _________ in __________ County Condominium Corporation No. __________ was accepted for registration effective _________________.

(date)

Date                                                          Registrar/Deputy Registrar of Condominiums

Form 17 added: O.I.C. 2000-57, N.S. Reg. 21/2000.

Form 18 - Consent to Amalgamate Condominium Corporations

(pursuant to clause 54A(b) of the regulations made under the Condominium Act)

To the Registrar of Condominiums:

______________ County Condominium Corporation No. _____ certifies that a vote to amalgamate __________ County Condominium Corporation No. ____ and ________ County Condominium Corporation No. _____ was held by the members of the Corporation at a meeting held on ___________, _____, for that purpose.

(date)

Members owning at least 80% of the units voted in favour of amalgamation.

Witness the seal of the Corporation duly affixed by the authorized officers of the Corporation.

Dated ____________, _____.

By_________________________________

By_________________________________

(Seal of Corporation)

Form 18 added: O.I.C. 2000-57, N.S. Reg. 21/2000.

Form 19 - Registrar’s Notice Requesting Documentation

(pursuant to subsection 45A(2) of the Condominium Act)

Pursuant to Section 45A of the Condominium Act, this is formal notification to _____________ County Condominium Corporation No. ______ that failure to provide

       ☐     annual financial statements for the period ending ___________________

(Section 24A of the Condominium Act)

and/or

       ☐     a reserve-fund study

(Section 31 of the Condominium Act)

within 10 days of the date of this notice will result in the Registrar of Condominiums levying a penalty payable by the Corporation in an amount not less than $1000.00 or more than $10 000.00 as set out in Part M of the regulations made under the

Condominium Act.

Dated _______________, _____.

___________________________________

Registrar/Deputy Registrar of Condominiums

Form 19 added: O.I.C. 2000-57, N.S. Reg. 21/2000.

Form 20 - Certificate of the Architect

(pursuant to clause 12(1)(e) of the Condominium Act)

To the Registrar of Condominiums:

I hereby certify that the building(s) as shown on the architectural plans for _________________ County Condominium Corporation No. ______ have been constructed substantially in accordance with the architectural plans.

(date)                                                          (signature)

(name in print)

Form 20 added: O.I.C. 2000-57, N.S. Reg. 21/2000.

Form 21 - Certificate of the Engineer

(pursuant to clause 12(1)(e) of the Condominium Act)

To the Registrar of Condominiums:

I hereby certify that the building(s) as shown on the structural plans for ____________ County Condominium Corporation No. _____ have been constructed substantially in

accordance with the structural plans.

(date)                                                          (signature)

(name in print)

Form 21 added: O.I.C. 2000-57, N.S. Reg. 21/2000.

Form 22 - Consent to Amend Description

(pursuant to subsection 12(3) of the Condominium Act)

To the Registrar of Condominiums:

_______________ County Condominium Corporation No. ___ hereby certifies that the attached amendment to the description was voted on by the members of the Corporation at a meeting held on ________, _____, for that purpose and that members owning at least 51% of the common elements voted in favour of the amendment .

Witness the Seal of the Corporation duly affixed by the authorized officers of the

Corporation.

Dated ______________, _____.

By_______________________________________

By_______________________________________

(Seal of Corporation)

Form 22 added: O.I.C. 2000-57, N.S. Reg. 21/2000.

Form 23 - Notice of Intention to Submit Dispute to Arbitration

(pursuant to subsection 33(2) of the Condominium Act)

To the Registrar of Condominiums:

It is requested that an arbitrator be appointed to conduct an arbitration proceeding

between

    Applicant:

(name)

(address)

(phone number)

    Representative:     ________________________________________________

      (if applicable)                 (name)

(address)

(phone number)

and

    Respondent:

(name)

(address)

(phone number)

    Representative:

      (if applicable)                 (name)

(address)

(phone number)

with respect to an issue pertaining to ____________ County Condominium Corporation No. ____.

A brief description of the issue is as follows:

Dated ________________, ____.

(signature of applicant)

(name - printed)

cc:

(respondent)

Form 23 added: O.I.C. 2000-57, N.S. Reg. 21/2000.

[Note: “19” struck from dateline in forms 1, 2, 4, 6-9, 11, 13-15: O.I.C. 2000-57, N.S. Reg. 21/2000.]

Number of units in corporation	First offence	Second offence	Third and any subsequent offences
1-25 units	$1000.00	$2500.00	$5000.00
26-100 units	$2500.00	$5000.00	$7500.00
more than 100 units	$5000.00	$7500.00	$10 000.00