Annual Reports of Acquisition and Disposals made under the Ministerial Land Transcaction Regulations
The Crown Lands Act gives the Minister of Natural Resources authority to buy, sell, lease, and license land. As well, the Minister can issue certificates releasing the Crown’s interest in land where the interest has been extinguished by 40 years of adverse possession.
To obtain approval under the Crown Lands Act, a request must be made to Cabinet. Cabinet approvals take time, which can delay land transactions. In an effort to streamline processes related to buying, selling, leasing, and licensing Crown land and issuance of certificates in certain situations, in 2001 government brought in the Ministerial Land Transaction Regulations (MLTR) to authorize the Minister to complete transactions without the requirement for Cabinet approval.
The following transactions must be completed under the MLTR process:
- acquisition by purchase or gift of land or interest in land up to $100,000, including acquisition of land by way of purchase or conveyance for purpose of access to or the protection, management or conservation of wildlife
- acquisition of an easement or right of way across private land of not more than 10 hectares or $100,000 in value
- acquisition by way of transfer of administration and control of land from the Government of Canada valued at up to $100,000
- disposition of Crown land or interest in Crown land with a value of up to $25,000 by way of grant, deed, easement or right of way or conveyance other than lease or license
- disposition of Crown land or any interest in Crown land by way of lease or license of up to 10 hectares
- disposition of Crown land by way of transfer of administration and control to the Government of Canada of up to $25,000
- issuance of a certificate for an area of land of up to 200 hectares.
Under the MLTR, the Minister must give seven days notice to Cabinet of the proposed sale of Crown land or any interest in Crown land. Cabinet doesn’t approve these transactions, they are given advance warning so they can advise if they have any concerns that the Minister should consider.
For acquisitions under the MLTR, the Minister signs an authorization to direct staff to purchase the land, but no notice is given to Cabinet.
No notice to Cabinet is required for Certificates of release issued under the MLTR.
Public notice of acquisitions and disposals made under these regulations is provided through publication in the Nova Scotia Royal Gazette and in an annual report which is posted on the department’s web page.