BILL NO. 74
(as introduced)
2nd Session, 61st General Assembly
Nova Scotia
59 Elizabeth II, 2010
Land Titles Clarification Act
(amended)
The Honourable John MacDonell
Minister of Natural Resources
2nd Session, 61st General Assembly
Nova Scotia
59 Elizabeth II, 2010
The Honourable John MacDonell
Minister of Natural Resources
First Reading: October 29, 2010
Second Reading: November 1, 2010
Third Reading: November 25, 2010 (WITH COMMITTEE AMENDMENTS) (LINK TO BILL AS PASSED)
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Clause 1 provides for an independent investigation to determine whether a person has been adversely affected by the granting of a certificate of title under the Land Titles Clarification Act and, where the person has been determined to have been adversely affected, for the Minister of Natural Resources to determine fair compensation.
Clause 2 sets out what the Minister can consider in reconciling any interest of the Crown.
Clause 3 provides that a certificate of release may not be issued with respect to acknowledged Crown land or land that exhibits no current or historical usage without regard to a deed of title.
(2) The Minister shall make or cause to be made such independent investigation as is required in the opinion of the Minister to determine whether or not the applicant has been adversely affected.
(3) Where the independent investigation determines that the applicant has been adversely affected, the Minister may, with the approval of the Governor in Council and subject to subsection (4), pay to the applicant such compensation as the Minister considers fair in the circumstances.
(4) The compensation must not exceed the value of the land at the time the certificate of title was filed.
(a) the nature and extent of the current and historical usage of the land; and
(b) any other information the Crown determines necessary to be satisfied that title has been extinguished.