Nova Scotia Regulation 11/2026 replaces the prior civil forfeiture regulations under the Civil Forfeiture Act. Issued by the Governor in Council on the recommendation of the Attorney General and Minister of Justice, this regulation repeals two previous regulatory instruments: the Distribution of Civil Forfeiture Funds Regulations (N.S. Reg. 196/2011) and the Civil Forfeiture Regulations (N.S. Reg. 197/2011), both originally enacted in 2011. The new regulations aim to update and improve the procedures for civil forfeiture, clarify the administration of forfeited property, and ensure proper notice and registration requirements for both real and personal property.

The regulations define key terms including references to the Act itself and the meaning of an “application” under the Civil Procedure Rules. One of the foundational provisions addresses the priority of payments from the Civil Forfeiture Fund, requiring that payments under clause 69(a) of the Act be made before disbursements under clauses 69(b), (c), or (d), thereby ensuring that designated obligations take precedence in the distribution of forfeiture proceeds.

Significant attention is given to the procedural aspects of filing notices. For real property, Form 1 is prescribed for both notices of preliminary preservation orders and notices of forfeiture proceedings. Form 2 governs the cancellation of these notices, ensuring that any earlier filings may be properly discharged. For personal property, the regulations align the filing of notices with procedures under the Personal Property Security Act, requiring notices of preliminary preservation, forfeiture proceedings, and administrative forfeiture proceedings to follow the same form and registration methods as financing statements. Notices must identify the secured party as the Director of Civil Forfeiture and include specific language informing recipients that legal proceedings may affect ownership interests in the property.

The regulations provide detailed guidance on the notification and service of notices. For real property, all registered or recorded interest holders must be notified, with exceptions for those holding only rights-of-way or easements. Notices for registered properties are to be served either by registered mail or personal delivery, while unregistered properties follow the court’s direction. For personal property, notices must be served on all persons with interests or registrations in the personal property registry using similar methods. These provisions are intended to safeguard the rights of all affected parties while ensuring procedural compliance.

In addition to filing and service, the regulations specify forms for responding to proceedings, disputing administrative forfeitures, and issuing notices of administrative forfeiture. Form 4 is used for notices of response, Form 5 and Form 6 for initial and amended disputes of administrative forfeiture, and Form 7 for notices of administrative forfeiture, standardizing the processes and ensuring clarity in communications between the Director and affected parties.

Nova Scotia (11/2026) February 4, 2026
Disclaimer: Insights are for informational purposes only and does not reflect RRI’s official position or constitute legal opinion.