Acceptance Criteria Court Documents

1) SUPREME COURT DOCUMENTS

Effective February 4, 2008, no document will be accepted from a Supreme Court Prothonotary offices that contains only a LSC rubber stamps.

Certified copies of Supreme Court Court Orders including Prothonotary Orders such as Default Judgments:

a. Original copy – will be kept in the court file.

b. Certified copies - any court certified copy presented for recording will contain a red rubber seal of the embossed court seal and will be date stamped, (the date can appear on either the rubber stamp or certification stamp) The document will also display a certified copy stamp. While each office may not use the same certification stamp, the following information must be contained on the stamp for the document to be accepted: the name of the court, notation that it is a true copy of the original, which original is in the court file, the date the certified copy is made and the signature of the Prothonotary or Deputy Prothonotary. A stamp facsimile of a signature is not acceptable.

Certificates of Lis Pendens, Certificates of Judgment and Certificates of Satisfaction:

Original copy – will contain the embossed seal and be date stamped. The original is given to the client for recording.
Certified copies – any court certified copy presented for recording will contain the same information as described above but the stamp will state that “it is a true copy of the original”. A stamp facsimile of a signature is not acceptable.

Exceptions:

Certified copies of Supreme Court Orders re: Bankruptcy and Insolvency that are signed by the Deputy Registrar in Bankruptcy will contain a stamped signature which is acceptable

An Order that has been issued out of the Family Division of the Supreme Court, out of the Judge's chambers, may not have a date stamp (which is acceptable)

Notice of Discontinuance:

This type of a notice is filed with the court pursuant to Civil Procedure Rule 9 on their prescribed form (9.02). The court only date stamps and records the Notice. Since it is not a court generated document or pronouncement, it will not be sealed or certified as such and will not contain a court seal.

2) PROVINCIAL/SMALL CLAIMS COURT DOCUMENTS

Documents that have been issued by the Provincial Court or Small Claims Court will be signed by a court official and will contain the seal of the court. These documents may or may not be date stamped. A date stamp is not a requirement for acceptance of documents issued by these courts.
NOTE: Small Claims Court documents must have the seal present on any document that was signed on or after July 3rd, 2014.

3) FEDERAL COURT DOCUMENTS

Documents that have been issued by the Federal Court will be signed by a federal court official, or contain a signature stamp of the official, and will contain the seal of the federal court. A date stamp is not a requirement for acceptance of federal court documents.

4) OUT OF PROVINCE COURT DOCUMENTS

Documents that have been issued out of another provincial court, cannot simply be recorded in Nova Scotia unless they have been made orders of the Nova Scotia court.

a. Judgments: See: Out of Province Judgments for further details about what is acceptable, as a Form 46 is required.

b. Court Order (not judgment): An order issued out of another Provincial court or Country, must be certified by the Nova Scotia prothonotary to give it effect in Nova Scotia. The certification by our prothonotary gives the order effect in Nova Scotia and allows it to be recorded at the land registration office.