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 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. 2008-176 (March 31, 2008, effective April 1, 2008 and June 1, 2008),
N.S. Reg. 143/2008
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Clause 1(2)(c) repealed: O.I.C. 89-376, N.S. Reg. 45/89.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 c