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.
Electronic Information Regulations
made under Section 47 of the
R.S.N.S. 1989, c. 392
O.I.C. 2007-34 (January 22, 2007), N.S. Reg. 30/2007
1 These regulations may be cited as the Electronic Information Regulations.
2 In these regulations,
(a) “Act” means the Registry Act;
(b) “authorized lawyer” means a qualified solicitor who is authorized to submit documents electronically using Property Online in accordance with the Land Registration Administration Regulations;
(c) “authorized lender” means a chartered bank, trust company, credit union or Provincial government department that is authorized to submit documents electronically using Property Online in accordance with the Land Registration Administration Regulations;
(d) “document” means a writing, a plan, a map or any information in a form that can be converted into a writing, a plan or a map by a machine or a device, and includes information
(i) on microfilm,
(ii) in electronic, mechanical or magnetic storage, or
(iii) in electronic data signals;
(e) “electronic document submission” means submission of a document using Property Online;
(f) “Minister” means the Minister of Service Nova Scotia and Municipal Relations;
(g) “qualified solicitor” means a member of the Nova Scotia Barristers’ Society entitled to practise law, but does not include a member who is subject to any limitation or restriction on practice imposed under the Legal Profession Act that precludes the member from certifying title to land;
(h) “parcel” means any area of land that may be owned in fee simple absolute, and includes a unit as defined by the Condominium Act; and
(i) “Property Online” means the Province’s online property information system that provides Internet browser-based query access to land-related information and electronic access for the submission of documents under the Act and the Land Registration Act.
Regulations override Act
3 In accordance with subsection 47(3) of the Act, if there is a conflict between these regulations and the Act, the requirements in the Act do not apply.
Non-electronic document submission requirements to facilitate copying
4 (1) A document that is submitted non-electronically for registration
(i) must be typewritten in an ink that is not green or red and that remains visible when photocopied or scanned; and
(ii) must remain legible when photocopied or scanned.
(2) A document attachment or plan that is submitted non-electronically for registration and that is larger than 11 in. by 17 in. must be submitted together with a duplicate original copy or a copy that has been certified to be a true copy of the original by a person authorized under the Act to sign a certificate of execution.
Electronic document submission
5 (1) To the extent permitted by Property Online, an authorized lawyer may submit electronically for registration any document, if it is a document that may be registered under the Act and registering the document is not prohibited under the Land Registration Act.
(2) To the extent permitted by Property Online, an authorized lender may submit electronically for registration a release of mortgage with respect to a parcel that has not been registered under the Land Registration Act, and any document related to the release.
(3) Electronic document submission is effected by submitting all of the following:
(a) a completed cover page, as prescribed by the Minister;
(b) a scanned copy of the duly executed affidavit of value, if required under the Municipal Government Act;
(c) a scanned copy of the duly executed original document in portable document format, no larger than 4 megabytes (MB).
(4) Submitting a document electronically in accordance with these regulations has the same effect as submitting a document non-electronically in accordance with the Act.
(5) A document submitted electronically for registration is deemed to be registered on the date and at the time when the document is reviewed and indexed by a registrar.
(6) An authorized lawyer or authorized lender who submits a document electronically for registration is responsible for the creation, quality and completeness of the electronic image of the document.
(7) An authorized lawyer or authorized lender who submits a document electronically for registration must retain an original or a true copy of the executed document and must make it available for review by the registrar upon request.
Consolidated and current indexes converted to electronic format
6 (1) A registrar may convert the consolidated and current indexes referred to in Section 11 of the Act to an electronic format.
(2) If a registrar converts the indexes to an electronic format,
(a) the registrar is no longer required to maintain the index books in the non-electronic format required under the Act;
(b) the registrar must maintain the indexes on an ongoing basis in electronic format; and
(c) the electronic indexes may consist of separate indexes for different categories of documents.