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BILL NO. 28

                                                        Government Bill

       
                                                                         
                  3rd Session, 56th General Assembly
                              Nova Scotia
                         44 Elizabeth II, 1995

       
                                                                         
                                                                         
                                                                         
                                                                         
                                                                         
                                                                         
                                                                         
                                                                         
                                                                         
                           An Act Respecting
                        Regional Municipalities










       
                                                                         
                                                                         
                    The Honourable Sandra L. Jolly
                     Minister of Municipal Affairs


       
                                                                         
                                                                         
                                                                         
                                                                         
                                                                         
                                                                         
                                                                         
                                                                         
                                                                         
                                                                         
                                                                         
                                                                         
                                                                         
                                                                       
       
                                                                         
                                Halifax
              Printed by Queen' s Printer for Nova Scotia
                                   
                                   
An Act Respecting
Regional Municipalities



         Be it enacted by the Governor and Assembly as follows:


         1  This Act may be cited as the Regional Municipalities Act.


         2  In this Act,

            (a) "administrative order" means a resolution of the council that is required to
         be recorded in the by-law book of a regional municipality;

              (b)  "administrator" means that officer of a regional municipality designated by
         the council by administrative order to be responsible for the provisions of this Act
         respecting dangerous and unsightly premises, and includes a person acting under the
         supervision and direction of the administrator;

              (c)  "area" means a polling district or districts, or a part of a polling district or
         districts, or one or more polling districts with a part or parts of another or other polling
         district or districts, as defined by the council for a particular purpose;

              (d)  "automatic machine" means any pinboard, or any automatic or slot machine,
         so called, that is operated by the introduction of a coin or counter, and includes an
         automatic vending machine, but does not include automatic scales, telephone apparatus
         or electric meters, nor any machine that is licensed by the Province or an agency of the
         Province, nor those things the use or keeping of which is prohibited by law;

              (e)  "Board" means the Nova Scotia Utility and Review Board;

              (f)  "business occupancy assessment" has the same meaning as in the Assessment
         Act;

              (g)  "chief administrative officer" means the chief administrative officer of a
         regional municipality;

              (h)  "clerk" means the clerk of a regional municipality;

              (i)  "commercial property" has the same meaning as in the Assessment Act;

              (j)  "community" means an area in a regional municipality entitled to elect a
         community council pursuant to this Act;

              (k)  "community council" means the council of a community;

              (l)  "co-ordinator" means a co-ordinator appointed by the Governor in Council
         pursuant to this Act;

              (m)  "council" means the council of a regional municipality;

              (n)  "councillor" means a member of a council other than the mayor;

              (o)  "dog" means any dog, male or female, or any animal that is the result of the
         breeding of a dog and any other animal;

              (p)  "dwelling unit" means living quarters, accessible from a private entrance
         either outside a building or in a common area within the building, that are occupied or,
         if unoccupied, are reasonably fit for occupancy and that

                   (i)  contain kitchen facilities within the unit, and

                   (ii) have toilet facilities that are not shared with the occupants of other
              dwelling units;

              (q)  "engineer" means the engineer of a regional municipality and includes a
         person acting under the supervision and direction of the engineer;

              (r)  "fiscal year" means the period from April 1st in one year to March 31st in the
         following year, both dates inclusive;

              (s)  "incorporation date" means the date prescribed by the Governor in Council
         on which a regional municipality is established;

              (t)  "mayor" means the member of a council who is the chair of the council;

              (u)  "Minister" means the Minister of Municipal Affairs;

              (v)  "municipal government" means a municipal unit, village or service
         commission in the area to be incorporated as a regional municipality and includes every
         authority, board, commission, corporation or other entity of a municipal unit, village or
         service commission in the area to be incorporated as a regional municipality and every
         joint authority, board, commission, committee or other entity involving a municipal unit,
         village or service commission in the area to be, or that may be, incorporated as a regional
         municipality;

              (w)  "municipal unit" means a town or a municipality of a county or district in the
         area to be, or that may be, incorporated as a regional municipality;

              (x)  "municipality" means a regional municipality, town or municipality of a
         county or district;

              (y)  "owner" of a dog includes any person who possesses, has the care of, has the
         control of, or harbours a dog and where the person is a minor, includes the person
         responsible for the custody of the minor;

              (z)  "owner" of property includes a part owner, joint owner, tenant in common or
         joint tenant of the whole or any part of any land or building, and includes a trustee, an
         executor, a guardian, an agent, a mortgagee in possession or a person having the care
         or control of any land or building in case of the absence or disability of the person having
         title to it, any person who occupies shores, beaches or shoals and, in the absence of proof
         to the contrary, includes the person assessed for the property;

              (aa) "rates and taxes of all kinds" means rates and taxes payable and includes all
         rates, taxes and charges for water, underground wiring, sewer use or construction,
         sidewalks, curbs, gutters and paving, and any other special rates, taxes and charges
         authorized by law;

              (ab) "regional municipality" means a regional municipality established pursuant
         to this Act and includes the area over which the regional municipality has jurisdiction;

              (ac) "residential property" has the same meaning as in the Assessment Act;

              (ad) "resource property" has the same meaning as in the Assessment Act;

              (ae) "school board" means a school board as defined in the Education Act that,
         from time to time, may be responsible for the provision of public schools in a regional
         municipality;

              (af) "service commission" means a board, commission or corporation created by
         or under the authority of an enactment, that may

                   (i)  provide for an area or the residents of an area, services similar to one
              or more of those that may be provided by a regional municipality for its residents,
              and

                   (ii) levy rates and taxes, or require a municipal unit to levy rates and taxes,
              other than, or in addition to, water or electric rates fixed or approved under the
              Public Utilities Act,

         but does not include a municipal unit, village or school board as defined in the Education
         Act;

              (ag) "sewage" means the combination of liquid and water-carried wastes from
         residences, institutions, commercial establishments and industrial establishments,
         containing animal, vegetable or mineral matter in suspension or solution, together with
         such groundwater, surface water or stormwater as may be present;

              (ah) "stormwater" means the water from precipitation of all kinds and includes
         water from the melting of snow and ice, groundwater discharge and surface water;

              (ai) "stormwater system" means any method or means of carrying stormwater,
         including ditches, swales, pipes, sewers, drains, canals, ravines, gullies, pumping stations,
         retention ponds, streams, watercourses, floodplains, ponds, springs, creeks, conduits,
         public or private streets, roadways or driveways;

              (aj) "street" means all public streets, roads, lanes, sidewalks, thoroughfares,
         bridges and squares, and all curbs, gutters, culverts and retaining walls in connection
         therewith;

              (ak) "trailer" includes mobile home;

              (al) "treasurer" means the treasurer of a regional municipality;

              (am) "village" means village commissioners incorporated pursuant to the Village
         Service Act or to whom the Village Service Act applies;

              (an) "wastewater facilities" means the structures, devices, equipment, processes
         and appurtenances intended for the collection, transportation, pumping and treatment of
         sewage and disposal of the effluent.


         3    (1)  The Minister may, when requested by one or more of the councils of the
municipal units in a county, undertake a study of the form of municipal government in the county
to determine whether a regional municipality would be in the interests of the people of the county.

              (2)  Where

                   (a)  a study of the form of municipal government in a county to determine
              whether a regional municipality would be in the interests of the people of the county
              has been undertaken, whether the study was undertaken by the Minister or was
              otherwise prepared; and

                   (b)  a majority of the councils of the municipal units in the county request
              that a regional municipality be established for the county,

the Governor in Council may, on the recommendation of the Minister, order that a regional
municipality be established for the county.

              (3)  This Act applies to a county for which a regional municipality is established
pursuant to this Act on and after the date of the order establishing the regional municipality.

              (4)  An order establishing a regional municipality shall set out

                   (a)  the name of the regional muncipality;

                   (b)  the county for which the regional municipality is established;

                   (c)  the incorporation date;

                   (d)  the dates for nomination day and ordinary polling day for the first
              election of the mayor and councillors of the regional municipality;

                   (e)  the date the council takes office;

                   (f)  the term of office of the members of the council elected at the first
              election;

                   (g)  any matter unique to the regional municipality that must be provided
              for to ensure the effective implementation of the regional municipality and to protect
              the interests of the public; and

                   (h)  any other matter that is necessary or desirable to effect the
              incorporation of the regional municipality.

              (5)  Where a regular municipal election would take place after the date of an order
establishing a regional municipality and before the incorporation date, that election shall not be
held and the term of office of the members of the councils of the municipal units is extended to
the incorporation date of the regional municipality.

              (6)  The exercise by the Governor in Council of the authority in this Section is
regulations within the meaning of the Regulations Act.


         4    (1)  The Governor in Council shall appoint a person to be the co-ordinator of a
regional municipality.

              (2)  An advisory committee shall be established for a regional municipality
consisting of one representative appointed by the council of each municipal unit in the county to
be incorporated as a regional municipality.

              (3)  Where a council does not appoint a representative within thirty days after the
date of the order providing for the incorporation of the regional municipality, the Minister shall
appoint the representative.

              (4)  Members of the councils and employees of the municipal units may not be
members of the advisory committee.

              (5)  The advisory committee shall advise the co-ordinator on any matter arising
out of the implementation and incorporation of the regional municipality.


         5    (1)  The co-ordinator of a regional municipality is responsible for designing and
implementing the administrative structure of the regional municipality.

              (2)  The co-ordinator shall appoint the chief administrative officer of a regional
municipality and, on the recommendation of the chief administrative officer, the heads of
departments.

              (3)  The chief administrative officer, in consultation with the co-ordinator, shall
employ all other employees of the regional municipality, effective on the incorporation date or
such earlier date as the chief administrative officer deems expedient.

              (4)  Preference in employment shall be given to an employee of municipal
government where that employee meets the basic requirements for a position and is the most
qualified candidate from within municipal government.

              (5)  Subsection (4) does not apply to the appointment of the chief administrative
officer.

              (6)  On or before the incorporation date, the co-ordinator shall establish a
pension plan in accordance with the Pension Benefits Act to replace any pension plan established
by a municipal government.

              (7)  The co-ordinator has all of the powers of the council and of the board of
police commissioners until the council first takes office pursuant to this Act.

              (8)  The co-ordinator may contract and be contracted with, sue and be sued,
acquire real and personal property, engage officers and employees, prescribe a seal, and do
such things and make such expenditures as are required for the orderly establishment of the
regional municipality.

              (9)  Section 24 does not apply to a contract entered into by the co-ordinator.

              (10) The co-ordinator may, with the approval of the Minister, borrow such sums
as may be required for the purpose of Sections 4 to 12, and the sums borrowed shall be repaid
by the regional municipality in not more than five annual instalments, as determined by the
council.

              (11) All acts of the co-ordinator have, upon the incorporation of the regional
municipality, full force and effect, and shall be and be deemed to have been exercised by the
regional municipality.

              (12) The officers and employees of the municipal governments shall render
assistance to the co-ordinator upon request, and furnish all information and perform all acts
requested by the co-ordinator.

              (13) The co-ordinator has all of the powers of a commissioner appointed pursuant
to the Public Inquiries Act.


         6    (1)  The co-ordinator of a regional municipality shall apply to the Board for a
determination, and the Board shall determine, the number of councillors and the boundaries of
the polling districts in the regional municipality.

              (2)  Proceedings for the first election of the mayor and councillors of the regional
municipality shall be as nearly as may be as specified in the Municipal Elections Act, but the co-
ordinator may abridge any time period contained therein.

              (3)  The co-ordinator shall, with the assistance of employees of the municipal
governments, provide for the first election of the mayor and councillors of the regional
municipality.

              (4)  Notwithstanding the Municipal Elections Act, a member of the council of a
municipal unit is eligible to be elected to the council.

              (5)  Qualifications for nomination as a member of the council shall be determined
as if the municipal governments had been merged in the regional municipality six months prior
to nomination day.

              (6)  Each member of the council is entitled to remuneration from the regional
municipality from the date that member takes office, except that no member of the council of a
municipal unit who is elected to the council may receive remuneration from the municipal unit
from that date.

              (7)  Notwithstanding any other enactment, there shall not be an election for school
board members concurrently with the first election of the members of the council unless
otherwise prescribed by the Governor in Council, and a member of a school board is not eligible
to be nominated or to serve as a member of the council, and there shall be an election for school
board members at the time of the next general municipal elections throughout the Province
whether or not there is an election for the council.


         7    The co-ordinator of a regional municipality may recommend to the council the
establishment of community councils, including the boundaries of the communities.


         8    (1)  Between the date of the order providing for the incorporation of a regional
municipality and the incorporation date, a municipal government shall not, without the consent
of the co-ordinator, replace an employee who retires, resigns, is laid off or is dismissed, convert
an employee from part-time to full-time status or promote an employee or hire a new employee,
except in the case of term appointments that will expire before the incorporation date.

              (2)  A municipal government may, with the approval of the co-ordinator, provide
an early retirement program for its employees and may provide severance benefits for any of its
employees who are not employed by the regional municipality.

              (3)  The regional municipality may provide early retirement or severance benefits
for any employee of a municipal government who is not employed by the regional municipality
in cases where the municipal government has not provided early retirement or severance benefits
to that employee.

              (4)  An early retirement program may be limited to the incumbents of positions
that the chief administrative officer considers to be unnecessary for the regional municipality.

              (5)  The cost of severance benefits provided by the regional municipality shall be
borne by the regional municipality and not be charged to the area of the municipal government
that formerly employed the employee, and the sums required may be borrowed by the regional
municipality and shall be repaid by the regional municipality in not more than five annual
instalments, as determined by the council.

              (6)  Between the date of the order providing for the incorporation of a regional
municipality and the incorporation date, a municipal government shall not enter into any lease,
contract or other commitment that has effect after, or a term extending beyond, the incorporation
date, without the approval of the co-ordinator.

              (7)  Between the date of the order providing for the incorporation of a regional
municipality and the incorporation date, a municipal government shall not dispose of any capital
asset without the approval of the co-ordinator.

              (8)  A council may, after it takes office, provide a severance plan for members of
the councils of municipal units who were not elected to the council.

         9    The Minister may, by order, provide for anything necessary or incidental to the
incorporation and effective government of a regional municipality, and may include any orders,
directions and conditions that are necessary or desirable in connection therewith.


         10   (1)  Upon the incorporation of a regional municipality, the municipal governments
are dissolved, and the assets and liabilities of them are vested in the regional municipality
including, with the exception of benefits and entitlements created by Section 71 of the Labour
Standards Code, all employee benefits and entitlements.

              (2)  Upon the incorporation of a regional municipality, every authority, board,
commission, corporation or other entity of a municipal government and every joint authority,
board, commission, committee or other joint entity involving a municipal government is dissolved
and their assets and liabilities are vested in the regional municipality including, with the
exception of benefits and entitlements created by Section 71 of the Labour Standards Code, all
employee benefits and entitlements.

              (3)  The vesting of any asset of a municipal government in the regional
municipality does not void any policy of insurance with respect to the asset, including public
liability policies, and the regional municipality is deemed to be the insured party for purposes
of any such policy.

              (4)  Nothing in this Act dissolves any authority, board, commission, committee or
other entity that includes representatives of municipalities situate outside the regional
municipality.

              (5)  The regional municipality shall continue to pay any pension or annuity being
paid by a municipal government on the day preceding the incorporation date according to its
terms.

              (6)  The regional municipality is a successor employer for purposes of the Pension
Benefits Act.


         11   (1)  A regional municipality is a transferee for the purpose of Section 31 of the
Trade Union Act and, for greater certainty,

                   (a)  the regional municipality is bound by successor rights as determined
              pursuant to the Trade Union Act; and

                   (b)  subject to the Trade Union Act, the regional municipality and the
              employees, who are covered by collective agreements, of a municipal government
              are bound by the collective agreements as if the regional municipality were a party
              to them.

              (2)  The Public Sector Compensation (1994-97) Act applies to the regional
municipality, its mayor, the councillors and the employees of the regional municipality except
that, notwithstanding subsection 3(4) of that Act,

                   (a)  Section 23 of that Act does not apply;

                   (b)  the Labour Relations Board may exercise all of its powers under the
              Trade Union Act but the total effect of any changes to collective agreements shall
              not increase the total cost of all compensation in respect of all employees to whom
              the collective agreements changed apply and the pay rates, as defined by the Public
              Sector Compensation (1994-97) Act, are not more than permitted by that Act;

                   (c)  no change shall be made in a collective agreement without the approval
              of the Labour Relations Board in accordance with clause (b); and

                   (d)  the Labour Relations Board may exercise its powers pursuant to this
              Section upon the coming into force of this Act.

              (3)  Where the Labour Relations Board, in applying subsections (1) and (2),
determines that those employees, of a municipal government, who are employed by the regional
municipality and who were not previously included in a bargaining unit of a municipal
government be included in a bargaining unit of the regional municipality, those employees shall
be deemed to have seniority credits with the regional municipality equal to the employment
service they had with that municipal government.

              (4)  Where an employee of a municipal government is employed by the regional
municipality, the period of employment and seniority of that employee with the municipal
government at the time of the incorporation of the regional municipality shall be deemed to have
been employment and seniority with the regional municipality and the continuity of employment
and seniority is not broken.

              (5)  Where an employee of a municipal government is employed by the regional
municipality in a position which becomes a bargaining unit position, the employee's right to
employment in the position is not affected by whether that employee was previously employed
pursuant to a collective agreement and the employee shall be deemed to have seniority credits
with the regional municipality equal to the employee's service with that municipal government.

              (6)  In subsections (3) and (5), "employee" means an employee as defined in
Section 2 of the Trade Union Act but, for greater certainty, does not include those described in
subsection 2(2) of that Act.

              (7)  No provision of a collective agreement with a municipal government that
purports to favour the employees of one municipal government in obtaining employment with the
regional municipality over those of another municipal government has any force or effect.


         12   (1)  Where, in the opinion of the Minister of Labour, the workload of the Labour
Relations Board requires additional members, the Governor in Council may, in addition to the
Vice-chair appointed pursuant to subsection 16(4) of the Trade Union Act, appoint additional
members and vice-chairs to the Labour Relations Board for such period of time as is set out in
the appointment.

              (2)  An appointment pursuant to subsection (1) does not increase the quorum of
the Labour Relations Board.


PART I
                        
THE REGIONAL MUNI              CIPALITY

         13   (1)  The Governor in Council may, on the request of the council, change the name
of the regional municipality to a name chosen by the council.

              (2)  The powers of a regional municipality shall be exercised by the council.

              (3)  In the general exercise of its authority under this Act, the council shall take
into account the principle of accessibility for its disabled citizens.


         14   (1)  There shall be one councillor elected for each polling district in a regional
municipality.

              (2)  Each member of the council, while in office, may administer oaths and take
and receive affidavits, declarations and affirmations within the Province for use within the
Province.


         15   (1)  The mayor shall be elected at large.

              (2)  Every person eligible to vote for a councillor is eligible to vote for the mayor.

              (3)  The mayor shall preside at all meetings of the council.

              (4)  During the temporary absence of the mayor, the deputy mayor shall preside
and, if neither is present, the council may appoint a person to preside from among the members
present.


         16   The mayor shall monitor the administration and government of the regional
municipality and the conduct of the employees of the regional municipality, and communicate
such information and recommend such measures to the council as will improve the finances,
administration and government of the regional municipality.


         17   (1)  The council shall select one of its members to be the deputy mayor of the
council.

              (2)  The council shall determine the term of office of the deputy mayor by
administrative order.

              (3)  The deputy mayor shall act in the absence or inability of the mayor or in the
event of the office of mayor being vacant.

              (4)  The deputy mayor, when notified that the mayor is absent or unable to fulfil
the duties of mayor, or that the office of mayor is vacant, has all the power and authority and
shall perform all the duties of the mayor.

              (5)  The deputy mayor is not entitled to any additional remuneration as such
except when acting as mayor.


         18   (1)  The mayor may resign the office of mayor or a councillor may resign the
office of councillor at any time by delivering to the clerk a signed resignation.

              (2)  The mayor or a councillor who ceases to be ordinarily resident in the regional
municipality is not qualified to serve as mayor or as a councillor.

              (3)  The mayor or a councillor who, without leave of the council, is absent from
three consecutive regular meetings of the council, ceases to be qualified to serve as mayor or as
a councillor.

              (4)  When a seat becomes vacant, the clerk shall report the facts to the council in
writing.


         19   (1)  The council shall provide, by administrative order, for regular meetings of
the council and fix the time and place of the regular meetings.

              (2)  Notice of regular meetings is not necessary.

              (3)  In addition to regular meetings, the council may hold other meetings
necessary or expedient for the dispatch of business at such time and place as it appoints, if each
member of the council is notified at least three days in advance, except in an emergency.

              (4)  Where the council fails to meet at any time appointed by law, it is not thereby
dissolved, but may hold future meetings as if there had been no failure.

              (5)  A meeting of the council is not an illegal or invalid meeting by reason only
of failure to give notice, or by reason of meeting elsewhere than provided in the by-laws or an
administrative order or a notice of a meeting.


         20   (1)  All meetings of the council shall be open and public.

              (2)  A majority of the members of the council constitutes a quorum for the
transaction of business.

              (3)  All questions arising in the council shall be decided by a majority of votes and
the person presiding may vote on all questions before the council, and in the event of a tie, the
question voted on is determined in the negative.

              (4)  The person presiding at a meeting of the council may cause to be expelled and
excluded a person who is disrupting the proceedings of the council.

              (5)  Nothing in this Section prevents the members of the council from meeting in
private to discuss matters related to personnel, the acquisition, sale, lease and security of
property, labour relations, legal opinions and other similar matters, but any decision shall be
made in an open and public meeting of the council.


         21   (1)  The council may make administrative orders, not inconsistent with any
enactment, in respect of all matters coming within the following classes of subjects:

                   (a)  fixing the date, hour and place of the meetings of the council and the
              notice to be given for them;

                   (b)  regulating its own proceedings and preserving order at meetings of the
              council;

                   (c)  providing for standing and special committees and conferring powers
              and duties upon them;

                   (d)  providing and fixing

                        (i)  the salary to be paid to the mayor, and to the deputy mayor when
                   acting as mayor,

                        (ii) the remuneration to be paid to councillors, which remuneration
                   shall be at a yearly rate,

                        (iii)     that part of the salary or remuneration that is an allowance for
                   expenses incidental to the discharge of their duties as elected officers of the
                   regional municipality,

                        (iv) the deduction to be made from their remuneration for missing
                   more than three council or committee meetings in any year, and

                        (v)  the rate per kilometre for a travelling allowance for actual
                   distance travelled once each day for going to and returning from every daily
                   session of a meeting of the council or of a committee.

              (2)  Where a member of the council is appointed by the council to any board or
commission or other position, any remuneration from that position, excluding reimbursement
of expenses, to which that member is entitled shall be paid to the regional municipality.

              (3)  A member of a committee, whether or not a member of the council, is not
entitled to remuneration for serving on the committee, excluding reimbursement of expenses.

              (4)  No expense shall be reimbursed to any member of the council that is not
supported by proof that the expense was actually incurred.

              (5)  A regional municipality shall not pay any member of the council a daily or
other allowance on account of expenses for which no receipts are required or for any other
reason.


         22   (1)  The boundaries of a regional municipality are the boundaries set out in the
order establishing the regional municipality unless altered by the Board pursuant to the
Municipal Boundaries and Representation Act.

              (2)  No town may be incorporated within a regional municipality.

              (3)  All docks, quays, wharves, slips, breakwaters and other structures connected
with the shore of any part of a regional municipality are and are deemed to be situated within
and to form part of the regional municipality.


         23   (1)  A reference in an enactment, deed, will or other testamentary disposition or
document to a municipal government is and is deemed to be a reference to the regional
municipality.

              (2)  Subject to subsection (3), a reference in an enactment to a city, town or
municipality of a county or district includes a regional municipality.

              (3)  The Industrial Commissions Act, the Municipal Act, the Towns Act, the Village
Services Act and the Rural Fire District Act do not apply to a regional municipality.

              (4)  A reference in an enactment, deed, will or other testamentary disposition or
document to the mayor, warden or chairman of a municipal government is and is deemed to be
a reference to the mayor.

              (5)  A reference in an enactment to the mayor of a city or town or the warden of
a municipality of a county or district or of a municipality pursuant to the Municipal Act includes
the mayor.

              (6)  The by-laws or ordinances, administrative orders and resolutions in force in
a municipal government immediately prior to the incorporation of a regional municipality
continue in force in the area over which that municipal government had jurisdiction until
amended or repealed by the council.


         24   (1)  A regional municipality has perpetual succession and shall have a common
seal.

              (2)  The seal shall be kept by the clerk.

              (3)  Any deed or document to which a regional municipality is a party shall be
authenticated by the seal of the regional municipality, and the mayor and clerk shall, when duly
authorized, sign the deed or document and affix the seal.

              (4)  The mayor shall sign and the clerk shall countersign every written contract
entered into by the regional municipality.

              (5)  Subsections (3) and (4) do not apply to a contract that may be entered into
pursuant to this Act by the chief administrative officer on behalf of the regional municipality.


PART II
                       
COMMITTEES
                      
         25   (1)  The council may appoint standing, special and advisory committees.

              (2)  Each committee has the powers and authority and shall perform the duties
conferred and imposed on it by this or any other Act or by the by-laws or administrative orders
of the regional municipality.

              (3)  The council may appoint persons who are not members of the council to a
committee.

              (4)  Where a member of the council is a member of a committee, board or
commission to which the councillor was appointed as a member of the council, when that person
ceases to be a member of the council that person ceases to be a member of the committee, board
or commission, as the case may be.


         26   (1)  The council may appoint such number of citizen advisory committees as the
council determines.

              (2)  A citizen advisory committee shall advise the council on such matters and at
such times as the council prescribes by resolution.


         27   (1)  The council may appoint a community committee for an area that is not
governed by a community council.

              (2)  An administrative order establishing a community committee shall

                   (a)  define the boundaries of the area for which the committee is
              responsible;

                   (b)  establish the membership of the committee;

                   (c)  set out the duties of the committee;

                   (d)  prescribe the number of meetings that the committee shall have in any
              year;

                   (e)  prescribe the number of public meetings that the committee shall have
              in any year;

                   (f)  prescribe the reporting requirements of the committee;

                   (g)  prescribe the procedures to be followed by the committee;

                   (h)  set out the manner of appointment of the chair of the committee;

                   (i)  define the expenditure authority, if any, of the committee; and

                   (j)  include such other matters as the council deems advisable.

              (3)  The powers and duties of a community committee may include

                   (a)  monitoring the provision of services to the area and making
              recommendations to the council respecting the appropriate level of services, areas
              where additional services are required and ways in which the provision of services
              can be improved;

                   (b)  the establishment of one or more advisory sub-committees;

                   (c)  making recommendations to the council respecting any matter intended
              to improve conditions in the area for which the committee is responsible and, in
              particular, respecting inadequacies in existing services provided to the area, by-
              laws or regulations, including land-use controls and area planning that are
              required, and the manner in which they may be resolved, additional services that
              may be required and the manner in which the costs of these services may be raised,
              the adoption of policies that would allow the people of the area to participate more
              effectively in the governance of the area and whether a community council should
              be established for the area.


         28   (1)  On application by not fewer than fifty electors in any one polling district, the
council may, by administrative order, designate an area within that polling district to choose a
community advisory committee.

              (2)  A community advisory committee consists of three members elected at a public
meeting of the electors resident within the designated area and the councillor for the polling
district that includes the designated area.

              (3)  A community advisory committee shall advise the council respecting the
provision of services to the area for which it was elected, by-laws or regulations, including land-
use controls and area planning, that are required in that area and generally respecting any
matter intended to improve conditions in that area.


         29   (1)  Any person appointed by the council as a member of a board, commission or
committee pursuant to this or any other Act who, without leave of the board, commission or
committee, is absent from three consecutive regular meetings, ceases to be a member.

              (2)  The secretary of the board, commission or committee shall immediately notify
the council of a vacancy, and the council shall fill the vacancy.


PART III
                       
COMMUNITY COUNCIL                  S

         30   (1)  The council may, by administrative order, establish a community council for
an area.

              (2)  An administrative order establishing a community council shall define the
boundaries of the community.

              (3)  A community shall include the whole or part of at least three polling districts.

              (4)  The number of electors in a community shall be at least twice the average
number of electors per polling district in the regional municipality.

              (5)  The community council for each community consists of the councillors elected
from the polling districts included, in whole or in part, in the community.


         31   (1)  Where not fewer than five hundred electors have requested the council to
establish a community council for an area and the council has refused or has not acted within
one hundred and twenty days after the request, the applicants may appeal the refusal or failure
to act to the Board.

              (2)  The Board, if satisfied that the refusal or failure to act was unreasonable, and
that a community council ought to be established for the area, may order that a community
council be established for the area.

              (3)  Where the Board orders the establishment of a community council, the area
need not be the same as that in the application if the Board considers that a different area would
be a more appropriate community.

              (4)  Where the council has determined to abolish a community council, the
decision may be appealed to the Board.

              (5)  The Board, if satisfied that the abolition of the community council is
unreasonable, may order that it not be abolished.


         32   (1)  The boundaries of a community may be altered by the council on its own
motion or on application by the community council or at least one hundred electors.

              (2)  Where the council refuses to grant an application to alter the boundaries of
a community or has not acted within one hundred and twenty days after the application is made,
the applicants may appeal the refusal or failure to act to the Board.

              (3)  The Board, if satisfied that it is in the best interests of the inhabitants of the
areas whose status is proposed to be changed, of the inhabitants of the community and of the
inhabitants of the regional municipality, and taking into consideration the financial and social
implications, may allow the appeal, with or without such modifications as the Board may
consider are in the interests of the inhabitants of all areas affected.


         33   (1)  A community council may determine expenditures that should be made in or
for the benefit of the community and that are to be recovered from the ratepayers of the
community by area rate.

              (2)  Except in the first year that it is established, the community council shall, on
or before February 1st in each year, submit to the council its proposed operating budget for
services to be provided to the community to be financed by area rate, and its proposed capital
budget for projects for which the regional municipality will be required to borrow money and will
charge back all or part of the debt charges to the community.

              (3)  The council shall levy an area rate of a percentage of the assessed value of
the residential and resource property assessments in the community that are subject to taxation
to recover the cost of

                   (a)  that part of the budget of the community council that is accepted by the
              council;

                   (b)  the debt charges applicable to capital expenditures in and for the
              benefit of the community that have been approved by the council, except those
              capital expenditures financed out of the general levy;

                   (c)  the community's fair share of the cost of services provided generally
              in the regional municipality and financed by area rates;

                   (d)  the additional administrative costs determined by the council to have
              been imposed by any additional services provided to the community;

                   (e)  the administrative costs of the community council, including any
              expenses paid to the members;

                   (f)  the estimated deficit from the previous year; and

                   (g)  a reasonable allowance as determined by the council for the abatement,
              losses and expenses that may occur in collecting any amounts that may not be
              collected or collectable,

less

                   (h)  any subsidy to the area rate from the general levy that may be approved
              by the council;

                   (i)  the estimated surplus from the previous year; and

                   (j)  the revenues from the community attributable to charges levied with
              respect to services or capital facilities provided.

              (4)  The area rate may be at different rates in different parts of the community.

              (5)  The community council may, without the approval of the council, determine
the expenditure of money contained in the budget approved by the council if the sum of all
expenditures does not exceed the sum so approved.

              (6)  A community council is subject to the general purchasing, contracting and
tendering policies established by the council.


         34   (1)  A community council may not expend any funds with respect to any capital
project that cannot be paid for in full out of the area rate, unless the project has been approved
by the council.

              (2)  A community council shall not, in any fiscal year, incur or make expenditures
that will result in a total expenditure in excess of its budget for that year.


         35   The powers and duties of a community council include

                   (a)  monitoring the provision of services to the community and, in
              particular, the provision of street lighting, emergency services, police protection,
              sidewalks, roads and streets, recreational programs, solid waste collection, parks
              and playgrounds and other services and the making of recommendations to the
              council respecting the appropriate level of such services, areas where additional
              services are required and ways in which the provision of services can be improved;

                   (b)  the establishment of one or more advisory sub-committees;

                   (c)  recommending to council appropriate by-laws, regulations, controls
              and development standards for the community;

                   (d)  recommending to council appropriate user charges for the different
              parts of the community;

                   (e)  making recommendations to the council respecting any matter intended
              to improve conditions in the community and, in particular, respecting inadequacies
              in existing services provided to the community and the manner in which these may
              be resolved, additional services that may be required and the manner in which the
              costs of these services may be raised and the adoption of policies that would allow
              the people of the community to participate more effectively in the governance of the
              community; and

                   (f)  making recommendations to the council on any matter referred to it by
              the council.


         36   (1)  A community council shall annually elect its own chair from among its
members.

              (2)  The chair shall be elected at the first meeting of the community council after
the members are elected and holds office for one year.

              (3)  A community council may make rules governing its procedures, the
appointment of committees and the number and frequency of its meetings.

              (4)  Any rules passed by a community council shall be filed with the secretary of
the community council and with the clerk.


         37   (1)  A community council shall hold an annual public meeting in the community
in each year to report to the public concerning its activities and to receive the views of the public
respecting all matters within its mandate.

              (2)  All meetings of a community council shall be open to the public.

              (3)  Nothing in this Section prevents the members of a community council from
meeting in private to discuss matters related to personnel, the acquisition, sale, lease and
security of property, labour relations, legal opinions and other similar matters, but any decision
shall be made in an open and public meeting of the community council.


         38   (1)  The chief administrative officer shall appoint an employee of the regional
municipality to act as the secretary of a community council.

              (2)  The secretary of a community council is responsible for maintaining the
minutes of the community council and its books, records and accounts, and for the certification
of any document required to be certified as having been adopted by the community council.

              (3)  The books, records and accounts of a community council shall be open to the
inspection of any person at any time during general office hours.

              (4)  The regional municipality may charge the reasonable costs of compiling and
reproducing the information and of supervising access to it.

              (5)  The chief administrative officer shall, within the resources allocated by council
for the purpose, ensure that sufficient resources of the regional municipality are made available
to each community council to permit the community council to carry out its duties.


         39   (1)  A community council may amend the land-use by-law of the regional
municipality in force in and applicable to the community with respect to any property in the
community if the amendments are consistent with the intent of any municipal planning strategy
of the regional municipality applicable to the property.

              (2)  In amending the land-use by-law, the community council stands in the place
and stead of the council and the Planning Act applies with all necessary changes.

              (3)  The council may not amend the land-use by-law with respect to any property
within the community except concurrently with the adoption of a municipal planning strategy or
an amendment to it.

              (4)  A community council stands in the place and stead of the council with respect
to minor variances and the Planning Act applies with all necessary changes.


         40   (1)  Where a municipal planning strategy provides for development by agreement,
the community council stands in the place and stead of the council and the Planning Act applies
with all necessary changes.

              (2)  The agreement shall be signed by the mayor and the clerk on behalf of the
regional municipality.

              (3)  Any agreement that commits the regional municipality to the provision of any
service or the expenditure of any funds, or that assigns to the development more than five per
cent of the available excess capacity of any sewer or water system as assigned to the community,
is subject to the approval of the council.


PART IV
                       
OFFICERS
                       
         41   (1)  The council shall, by resolution, appoint a duly qualified person to be the chief
administrative officer for the regional municipality.

              (2)  The council shall appoint an employee of the regional municipality to perform
the duties of the chief administrative officer during any temporary absence or disability of the
chief administrative officer.


         42   (1)  The chief administrative officer is the head of the administrative branch of the
government of the regional municipality and is responsible to the council for the proper
administration of the affairs of the regional municipality in accordance with the by-laws and the
policies and plans approved and established by the council.

              (2)  The chief administrative officer may

                   (a)  co-ordinate and direct the preparation of plans and programs to be
              submitted to the council for the construction, rehabilitation and maintenance of all
              municipal property and facilities;

                   (b)  prepare and compile the annual budget and submit it to the council and
              be responsible for its administration after adoption;

                   (c)  review the drafts of all proposed by-laws and administrative orders and
              make recommendations to the council with respect to them;

                   (d)  attend all meetings of the council and any board, committee,
              commission or corporation of the regional municipality and make observations and
              suggestions on any subject under discussion;

                   (e)  appoint, suspend, and remove all employees of the regional
              municipality except directors of departments and officers, with power to further
              delegate this authority;

                   (f)  suspend any director of a department if a written report of the reasons
              for the suspension is delivered to each member of the council as soon as may be
              after the suspension takes effect and, subject to the right of the council, to confirm,
              vary or cancel the suspension;

                   (g)  act, or appoint a person to act, as bargaining agent for the regional
              municipality in the negotiation of contracts between the regional municipality and
              any trade union or employee association and recommend to the council agreements
              with respect to them;

            (h) make or authorize the making of expenditures for the purchase of equipment,
         supplies or any other thing required for the carrying on of the business of the regional
         municipality and enter into contracts therefor on behalf of the regional municipality where
         the amount of the expenditure does not exceed the amount to the credit of the budget
         appropriation provided therefor;

                (i) sell, under such terms and conditions as the council may prescribe by
            resolution, any personal property belonging to the regional municipality that, in the
            opinion of the chief administrative officer, is no longer needed by the regional
            municipality or that is obsolete, unsuitable for use, or surplus to requirements;

                (j) personally or by an agent negotiate and execute leases of real property
            owned by the regional municipality that are, either directly or by right of renewal,
            for a term not exceeding one year, containing such terms and conditions as the
            council may, by resolution, prescribe;

                (k) authorize, in the name of the regional municipality, the commencement
            of or the defence of any legal action or proceedings before any court, board or
            tribunal and report the commencement of the legal action, defence or other
            proceedings to the council at the next meeting;

                (l) carry out such additional duties and exercise such additional
            responsibilities as the council may, from time to time, prescribe.

            (3) A lease executed by the chief administrative officer is as binding on the
regional municipality as if it had been specifically authorized by the council and executed by the
mayor and clerk on behalf of the regional municipality.


         43 (1) All directors of departments and officers of the regional municipality are
accountable to the chief administrative officer for the performance of their duties and shall
submit the reports and recommendations required of them to and through the chief
administrative officer.

            (2) A report or recommendation from the solicitor of the regional municipality
shall be presented to the council by the solicitor but the chief administrative officer shall be
informed of the contents in advance.

            (3) Where a director of a department or an officer of the regional municipality
disagrees with a recommendation of the chief administrative officer, the objections may be
provided to the chief administrative officer who shall present them to the council.

            (4) The council shall, except for the purpose of enquiry, deal with the
administrative service of the regional municipality solely through the chief administrative officer,
and shall provide any direction on the administration, plans, policies or programs of the
regional municipality to the chief administrative officer.

            (5) Neither the council nor any member of the council nor any committee
established by the council shall give orders, either publicly or privately, to any officer, director
or employee of the regional municipality.

            (6) No member of the council may be employed by the regional municipality
during the term for which the member is elected and for the two years following that term.


         44 (1) The council shall designate an employee of the regional municipality to
perform the duties of the clerk of the regional municipality.

            (2) The clerk shall

                (a) record in a minute book all the proceedings of the council;

                (b) account for the attendance of each member of the council at every
            meeting of the council;

                (c) keep the by-laws of the regional municipality;

                (d) perform such other duties as are prescribed by the chief administrative
            officer, the council or an enactment.

            (3) For the purposes of an enactment, the clerk has all the powers and duties of
the clerk of a municipality.


         45 (1) The council may, by administrative order, establish a policy for the
destruction of records.

            (2) Nothing authorizes the destruction of

                (a) deeds, mortgages or other documents or records relating to the title of
            real property;

                (b) court records;

                (c) records required to be kept by any enactment;

                (d) records less than six years old;

                (e) minutes, by-laws, administrative orders or resolutions of the council;
            or

                (f) plans and surveying records.

            (3) The council may, by administrative order, specify further classes of documents
that are not to be destroyed or that are to be kept for a period longer than six years.

            (4) When a document or record of a regional municipality has been destroyed or
when, in the opinion of a court or a judge, it is desirable that the original document or record
of the regional municipality should not be produced in court, any photographic or electronic
reproduction of the document or record is admissible in evidence in any court to the same extent
as the original could have been produced and is prima facie proof of such document, if the clerk
certifies that the reproduction is part of the records and documents of the regional municipality
and that it is a true reproduction of the original.


         46 When in any action or proceeding it is necessary to prove the appointment of any
officer of a regional municipality, a certificate under the hand of the clerk and the seal of the
regional municipality, stating that the officer was so appointed, is sufficient proof of the
appointment, without any proof of the signature of the clerk, or of the seal or of the official
character of the clerk.


         47 Where the clerk wilfully gives a false certificate that any resolution, administrative
order or by-law has been passed by the council, or that any by-law has been approved by the
Minister or by the Governor in Council, or that any appointment has been made by the council,
or that any person has taken an oath of office, or as to any other matter or thing that the clerk
is authorized or required to certify, the clerk is liable on conviction to a penalty not exceeding
five thousand dollars or in default of payment to imprisonment for a period of not more than
ninety days.


         48 (1) The chief administrative officer shall designate an employee of the regional
municipality to perform the duties of the treasurer of the regional municipality.

            (2) For the purpose of an enactment, the treasurer has all the powers and duties
of the treasurer and of a collector of a municipality.

            (3) The treasurer may delegate any of the powers or duties of the treasurer
pursuant to this or any other Act to an employee of the regional municipality.


         49 The treasurer shall promptly advise the council of all moneys due the regional
municipality that the treasurer considers cannot reasonably be collected and the reasons
therefor, and the council may write off the amounts determined to be uncollectable.


         50 (1) The chief administrative officer may appoint an engineer for the regional
municipality.

            (2) Where the engineer has authority to require that any thing, matter or work
be done by any person, the engineer may, where such a power is not specifically provided for,
in default of it being done, direct that the thing, matter or work be done.

            (3) The refusal or neglect of any person to do any thing, matter or work when
directed by the engineer is an offence.

            (4) The engineer may enter upon a property for the purpose of inspection,
observation, measurement, sampling, testing or work in accordance with the provisions of this
Act or any by-law made pursuant to this Act, at any reasonable hour upon reasonable notice or
at any time in the event of an emergency.


         51 (1) Where the engineer or the administrator has done work or caused to be done
work pursuant to this Act, the cost of the work done, together with interest at the rate determined
by the council by administrative order from the date of the completion of the work until the date
of payment, is a lien on the property upon which or for the benefit of which the work was done.

            (2) Where the owner fails to pay the money or interest to the regional municipality
within one month after receipt of a demand therefor, the engineer or the administrator shall
furnish the treasurer with a report on the matter accompanied by a certified statement of the
amount so expended and unrecovered.

            (3) The treasurer shall advertise and sell the property and apply the proceeds of
the sale in the same manner as provided for the sale of land for taxes.

            (4) The treasurer shall add to the amount due for rates and taxes and other lien
charges and to the unrecovered amount interest from the date of the expenditure or any part of
the expenditure to the date of the proposed sale at the rate determined by the council by
administrative order and the same expenses as allowed for a sale of land for taxes.

            (5) The amount set out in the treasurer's advertisement is prima facie the correct
sum due.

            (6) Nothing contained in this Section prevents the treasurer from correcting any
error in the amount for which the property was advertised to be sold and from discontinuing the
sale and from again advertising and selling the property for the correct amount due.

            (7) In addition to the remedies prescribed in this Section, the treasurer may sue
for and recover any sum due from the owner of the property on which the work was done.


         52 (1) Where approval or permission of the engineer is required by this Act before
any work or thing may be done, an appeal lies to the committee of council from time to time
charged with responsibility for wastewater facilities from the decision of the engineer to refuse
to grant approval or permission and the committee shall either direct the engineer to grant the
approval or permission or uphold the decision of the engineer.

            (2) The right of appeal expires thirty days after the engineer gives a decision in
writing to the owner with respect to the approval or permission.


         53 (1) The books, assessment rolls, records and accounts of a regional municipality
shall be open at all reasonable hours to the inspection of any person.

            (2) The regional municipality may charge the reasonable costs of compiling the
information and of supervising access to it.


         54 (1) The council may, by resolution,

                (a) establish departments of the municipal administration;

                (b) adopt a system of classification of positions of municipal officers and
            employees and specify offices that may not be filled by the same person;

                (c) determine the salaries, wages and emoluments to be paid to municipal
            officers and employees, including payment pursuant to a classification of positions
            adopted by the council;

                (d) where not otherwise provided for, regulate and fix the amount in which
            security is to be given by municipal officers and employees, the form of security, the
            manner in which it is to be given and approved and the nature of the security to be
            given.

            (2) The council shall, on the recommendation of the chief administrative officer,
appoint the directors of the departments.


         55 (1) The council shall appoint a firm or partnership registered as a municipal
auditor pursuant to the Municipal Affairs Act, to be the auditor for the regional municipality.

            (2) The auditor for the regional municipality shall also be the auditor for every
board or commission wholly owned, operated and managed by or on behalf of the regional
municipality unless an enactment applicable to the board or commission otherwise provides.


         56 (1) The auditor shall make a report to the council on all accounts and funds
administered by the council together with a report on all accounts and funds where the control
is apparent or implied in the council, notwithstanding that the accounts or funds may be
administered for or on the behalf of council by a commission, committee or board, and the report
shall contain the information and be in the form required pursuant to the Municipal Affairs Act.

            (2) The auditor shall make a public report to the council of the particulars of all
instances of fraud and illegal or unauthorized acts discovered during the audit, but this report
is not part of the report on the financial statements of the regional municipality.

            (3) Any management letter or other communication detailing weaknesses in
internal control, deficiencies in management information systems or other area requiring
attention for improvement shall be reported to the council and to the Minister.

            (4) The financial statements of a regional municipality, as reported on by the
auditor, shall set out the total remuneration and expenses paid to each member of the council,
the chief administrative officer and the directors of departments.


         57 (1) The auditor has access at all times to the books, accounts and vouchers of the
regional municipality and is entitled to require from the officers of the regional municipality such
information and explanations as may be necessary for the performance of the auditor's duties.

            (2) The officers and employees of a regional municipality shall promptly provide
access, information and explanations to the auditor when requested.


         58 (1) The council shall annually appoint an audit committee.

            (2) The responsibilities of the audit committee include

                (a) detailed review of the financial statements of the municipality with the
            auditor;

                (b) evaluation of internal control systems and any management letter with
            the auditor;

                (c) review of the conduct and adequacy of the audit;

                (d) such other matters as may be prescribed by the council, such matters
            arising out of the audit as may appear to the committee to require investigation and
            such additional matters as may be prescribed pursuant to the Municipal Affairs Act
            as duties of an audit committee.


         59 (1) In this Section,

                (a) "full-time employee" means any employee who is not a part-time
            employee;

                (b) "part-time employee" means a person who is employed in less than full-
            time continuous employment.

            (2) The council shall establish a pension plan to provide pensions for full-time
employees in such manner as the council may, by resolution, determine.

            (3) The council may establish a pension plan to provide pensions for part-time
employees in such manner as the council may, by resolution, determine.

            (4) A pension plan established pursuant to this Act may provide pensions for
employees of a board, commission, committee, body or local authority established by the
regional municipality or exercising any power or authority under any general or special Act with
respect to any of the affairs or purposes of the regional municipality.

            (5) A pension plan established pursuant to this Act may provide a pension for the
mayor or for councillors.

            (6) The regional municipality or a board, commission, committee, body or local
authority, as the case may be, and the employees and, where subsection (5) applies, the mayor
or councillors shall make contributions to the cost of the pension plan.

            (7) The pension plan may provide for annual increases in the pensions paid
pursuant to the plan but the increases shall not exceed the lesser of six per cent and the
percentage increase in the cost of living in the preceding year as measured by the change in the
Consumer Price Index for Canada prepared by Statistics Canada.

            (8) For greater certainty, the Pension Benefits Act applies to a pension plan
established pursuant to this Act.


PART V
                         
POWERS
                         
         60 (1) The council shall act in the exercise of its powers and duties by resolution, by
administrative order or by by-law.

            (2) The council may exercise any of its powers and duties by resolution, except
where an administrative order or a by-law is required by an enactment.

            (3) The council may exercise, by by-law, any of its duties and powers that it is
permitted to exercise by resolution or administrative order.

            (4) The council may make and carry out any contract, perform any act, do any
thing and provide any service for which the regional municipality or the council is given power
either by this Act or by any other Act to appropriate or pay money or for which the regional
municipality or the council may borrow money.


         61 (1) A plebiscite shall be held in a regional municipality or in an area of it when
so directed by a resolution of the council.

            (2) All expenditures incurred in holding a plebiscite may be collected by an area
rate on the area in which the plebiscite is held.


         62 (1) Where a plebiscite is to be held, the clerk shall determine the place, date and
time of any public meeting to be held in connection therewith and shall require the returning
officer appointed pursuant to the Municipal Elections Act to conduct the plebiscite.

            (2) A plebiscite shall be held as nearly as may be in the manner provided for the
conduct of a special election pursuant to the Municipal Elections Act.

            (3) The plebiscite shall be held on a Saturday not less than eight weeks nor more
than ten weeks after the resolution requiring a plebiscite has been given to the clerk, or such
later date as may be specified in the resolution.

            (4) The returning officer shall give public notice of the date of

                (a) the public meeting;

                (b) advance polling days; and

                (c) ordinary polling day,

at least seven days before each such day in the manner provided by the Municipal Elections Act.


         63 The council may make administrative orders, not inconsistent with any enactment,

            (a) setting the rate of interest to be charged on all overdue rates and taxes, area
         rates and water and sewer and other charges or sums owing to the regional municipality;

            (b) regulating the use of facilities for the disposal of solid waste, providing for
         times and conditions under which they may be used and setting charges for the use of such
         facilities as are operated by the regional municipality;

            (c) fixing and regulating, altering and amending the fees to be paid for licences
         issued pursuant to any by-law of the regional municipality;

            (d) fixing and regulating, altering and amending the fees to be paid for any
         inspection required or conducted pursuant to an enactment or any by-law of the regional
         municipality;

            (e) delegating to an official or to a standing committee the power to issue, refuse,
         suspend, cancel and revoke licences and permits, not including building permits, but
         where the power is delegated, there is an appeal from the official to a standing committee
         or to the council, and an appeal from a standing committee to the council;

            (f) fixing, altering and amending the fees and expenses for the impoundment of
         dogs or any other animals;

            (g) providing a procedure for payment to the regional municipality of a
         prescribed amount that may be accepted by the regional municipality in lieu of prosecution
         for breach of any by-law.


         64 (1) The council may, by administrative order, adopt a flag and a coat of arms for
the regional municipality.

            (2) A flag or coat of arms adopted pursuant to this Section may be registered
pursuant to an Act of the Parliament of Canada in order to prevent its unauthorized use.

            (3) No person, other than the regional municipality or an official, committee,
board or other body of the regional municipality, shall use a flag or coat of arms of the regional
municipality, except as may be specifically authorized by the council.

            (4) Every person who uses a flag or coat of arms contrary to this Section is guilty
of an offence.


         65 (1) A regional municipality may enter into and carry out a joint services
agreement with one or more municipalities, villages or service commissions for establishing,
providing, continuing, maintaining or administering municipal services by one or more of them,
to all or part of the area of the municipality or village or the area for which the service
commission provides services.

            (2) A joint services agreement may include any service provided by a regional
municipality.

            (3) A joint services agreement may include

                (a) a description of the services to be provided pursuant to the agreement;

                (b) the area for which the services are to be provided;

                (c) how and by whom the services are to be established, provided,
            continued, maintained or administered;

                (d) how the cost of the services, both capital and current, is to be provided,
            the proportions of the cost to be paid by each party or a method of determining
            those proportions, when the respective shares of the cost are to be paid and a rate
            of interest to be payable for default of prompt payment;

                (e) the ownership of any capital assets to be created under the agreement;

                (f) provisions for the disposition of a capital asset before or at the
            termination of the agreement;

                (g) any provision for amending or terminating the agreement;

                (h) such other terms and conditions as the parties may agree upon.


         66 (1) The council may enter into and carry out agreements for

                (a) providing regional libraries and other purposes pursuant to the
            Libraries Act;

                (b) highway construction, improvement and maintenance and other
            purposes pursuant to the Public Highways Act.

            (2) The council may enter into and carry out agreements with the Minister of
Housing and Consumer Affairs or Canada Mortgage and Housing Corporation or, with respect
to projects pursuant to the National Housing Act (Canada), any body corporate or agency
having similar objects.

            (3) A regional municipality has the powers of a regional library board and, where
the regional municipality provides library services directly, the regional municipality is the
regional library board for purposes of grants pursuant to the Libraries Act.


         67 A regional municipality may provide a public transportation service by the purchase
of vehicles and operation of the service, by providing financial assistance to a person who will
undertake to provide the service or by a combination of these methods.


         68 (1) A regional municipality may

                (a) beautify, improve and maintain property of the regional municipality;

                (b) promote a business district as a place for retail and commercial
            activity;

                (c) establish or maintain parking facilities,

and for such purposes may levy an area rate applicable only to the commercial property and
business occupancy assessments in the area and, in setting the rate, the council may set different
rates for business occupancy assessments and commercial property assessments and may set
a minimum and maximum amount to be paid by a person assessed.

            (2) A regional municipality may

                (a) solicit and encourage the establishment and development of new
            institutions, industries and businesses in and around the regional municipality;

                (b) solicit and encourage the expansion and development of existing
            institutions, industries and businesses in and around the regional municipality;

                (c) publicize the advantages of the regional municipality and the
            surrounding areas as a location for the establishment and expansion of business
            and industry;

                (d) prepare and disseminate information about the regional municipality
            and the surrounding areas for the assistance of business and industry intending to
            locate or expand in the regional municipality or the surrounding area.

            (3) A regional municipality shall not grant any tax concession or other form of
direct financial assistance to any business or industry.


         69 (1) A regional municipality may

                (a) formulate plans of tree planting;

                (b) ensure that trees on land owned by the regional municipality are
            properly pruned, protected and repaired when deemed necessary and may
            recommend and encourage the proper pruning, protection and repair of privately
            owned trees in the regional municipality;

                (c) recommend and encourage the planting of trees of suitable species at
            desirable sites within the regional municipality.

            (2) The council may, by administrative order, authorize its employees

                (a) to enter upon any land within the regional municipality for the purpose
            of spraying the trees on the land with insecticides and fungicides as approved and
            recommended by Forestry Canada;

                (b) to enter upon any land within the regional municipality for the purpose
            of inspecting the trees on it to determine whether they are in a diseased condition
            or damaged to the extent that they constitute a hazard to the safety of persons or
            property;

                (c) where a tree or limb of a tree on private land within the regional
            municipality is, in the opinion of the employee, hazardous to persons or property
            or so affected by disease or insect infestation as to endanger the life and health of
            trees in the vicinity, to order the owner of the land to remove the tree or limb within
            thirty days of service of a copy of the order.

            (3) An order to remove a tree or limb shall contain a description of the location
of the tree or limb of a tree directed to be removed.

            (4) A copy of the order shall be served personally upon the owner of the land or
may be served by mailing it by registered mail postage prepaid to the owner at the last known
place of residence or business.

            (5) Where the person so served with the order to remove the tree or limb
described in the order fails to do so within thirty days after service, any person authorized by the
employee may enter upon the land upon which the tree or limb is situate, without warrant or
other legal process, and remove the tree or limb, and the actual cost of so doing may be
recovered as a debt from the person so served and is a first lien on the property of the owner of
the tree and may be collected in the same manner and with the same rights and remedies as rates
and taxes pursuant to the Assessment Act.

            (6) After the order has been served, any person who fails to comply with the order
is liable on summary conviction to the penalty prescribed by the Summary Proceedings Act.

            (7) A regional municipality is not liable for any failure to remove any diseased
or dangerous tree or limb from any property, whether publicly or privately owned.

            (8) The owner of any tree or limb of a tree, who is dissatisfied with an order
ordering the removal of the tree or limb, may, within thirty days from the date of the order,
appeal the order to the Supreme Court of Nova Scotia.

            (9) Upon the appeal, the Supreme Court may confirm, modify or set aside the
order.

            (10)    The giving of a notice of appeal acts as a stay of proceedings until the appeal
has been determined.


         70 (1) All property vested in a regional municipality or in a municipal government
or granted to, conveyed to or dedicated for the use of a regional municipality or a municipal
government is vested in the regional municipality and, if any trust is attached to it, it is held by
the regional municipality according to the terms of the trust.

            (2) A regional municipality may receive and hold any property, real or personal,
granted or conveyed to the regional municipality, either absolutely or in trust for any public or
charitable purpose, and may do all things necessary for the carrying out of the objects of the
trust or incidental to it.

            (3) All property vested in a regional municipality, absolutely or in trust, is under
the exclusive control and management of the council, except as this or another Act provides.

            (4) Possession, occupation, use or obstruction of any property of a regional
municipality does not give any estate, right or title to the property.

            (5) A regional municipality may

                (a) purchase, acquire, take and hold all property, real and personal, that
            the regional municipality requires for its use and purposes, or for the use of the
            public or of the inhabitants of the regional municipality; and

                (b) sell real or personal property at actual value when no longer required
            for any such use or purpose.

            (6) A regional municipality, by resolution passed by at least a two-thirds majority
of the council, may grant land or sell land at a price less than actual value to

                (a) a library, museum, art gallery, art school or theatre of performing arts;

                (b) a charitable, nursing, medical, athletic, educational, environmental,
            cultural, religious or social organization within the Province;

                (c) a non-profit organization that erects, enlarges or improves housing
            accommodation within the regional municipality; or

                (d) an organization that the council considers to be carrying on an activity
            that is beneficial to the regional municipality,

if the council first holds a public hearing respecting the sale or grant and advertises the hearing
at least twice, the first notice to appear at least fourteen days before the hearing, the notice to
include the date, time and place of the hearing, the location of the land, the estimated market
value of the land and the purpose of the sale or grant.

            (7) A regional municipality may lease real property owned by the regional
municipality.

            (8) A regional municipality may sell, under the signature of the treasurer, deeds
for cemetery lots and certificates of perpetual care.

            (9) A regional municipality may transfer, free of cost, any property of a village
dissolved pursuant to this Act to any body that is incorporated before the incorporation date to
provide community services in the area served by the village that is dissolved.


         71 (1) Where the council considers it necessary to acquire any land for any purpose
for which it may lawfully spend money, the council may expropriate the land whether situated
within the regional municipality or elsewhere.

            (2) Nothing in this or any other Act authorizes

                (a) a municipality or a commission or board operating a service for a
            municipality to expropriate any property of a regional municipality; or

                (b) a regional municipality to expropriate any property of a municipality
            or of a commission or board operating a service for a municipality.

            (3) When the council decides to expropriate land, it shall cause to be prepared
a plan and description of the land and may, by any of its officers, servants or agents, enter upon
the land to survey or examine it and may make any borings or other excavations and, if the
expropriation is not completed, the regional municipality shall reimburse the owner for any
damage done to the land.


         72 (1) The council may provide police services in the regional municipality by any
combination of the means authorized by the Police Act.

            (2) The board of police commissioners of a regional municipality has jurisdiction
over the provision of police services in the regional municipality, notwithstanding that police
services are provided by a combination of the means provided in the Police Act.

            (3) Subsection 19(6) of the Police Act does not apply to a regional municipality.


         73 (1) A regional municipality may maintain emergency services to provide services
related to the prevention and suppression of fires and the provision of emergency services,
including emergency medical services, water rescue and the provision of assistance in the
protection of people and property in the event of man-made or natural disasters including, but
not limited to, floods, hurricanes, motor vehicle accidents and chemical spills.

            (2) The council may prescribe administrative orders for the governance of full-
time, volunteer and composite emergency services companies in the regional municipality, and
the administrative orders may include

                (a) the system to be followed by each for its financial accounting;

                (b) the manner in which each shall account to the public for its activities
            in each year;

                (c) the qualifications for membership in it and the training standards to be
            met by the members;

                (d) the minimum standards of equipment required;

                (e) the emergency services in addition to fire protection to be provided;

                (f) operational performance standards;

                (g) personnel policies with respect to those members who are employees
            of the regional municipality;

                (h) the manner of accounting to the council for the application of funds
            provided by the regional municipality;

                (i) such other matters as are necessary and expedient for the proper
            governance of the emergency service of the regional municipality.

            (3) The council may adopt administrative orders respecting the emergency service
of the regional municipality, which may include

                (a) the determination of the officer in charge at a fire, rescue or other
            emergency;

                (b) conditions under which the different elements of the emergency service
            shall provide assistance to each other; and

                (c) the areas for which the different elements of the emergency service are
            primarily responsible.

            (4) The council may prescribe different administrative orders for different areas
of the regional municipality.

            (5) The council may require proof of compliance with its administrative orders
before advancing any funds.


         74 (1) The title to apparatus, machinery, implements or equipment purchased by a
regional municipality or out of funds supplied by a regional municipality vests in the regional
municipality.

            (2) Nothing in this Act vests any property of a fire or emergency department,
other than property of a municipal government, in the regional municipality.

            (3) A regional municipality shall transfer, free of cost, any property of a rural fire
district or service commission or other fire or emergency department dissolved pursuant to this
Act to any body that is incorporated before the incorporation date, to provide fire protection and
emergency services in the area served by the rural fire district, service commission or fire or
emergency department that was dissolved.


         75 (1) When any fire, rescue or emergency occurs, the officer in charge and any
person under the direction of that officer shall endeavour to extinguish the fire and prevent it
from spreading, conduct the rescue or deal with the emergency and, for that purpose, may

                (a) command the assistance of persons present and all inhabitants of the
            regional municipality;

                (b) remove property from buildings on fire or in danger of fire;

                (c) take charge of property;

                (d) enter, break into or tear down any building;

                (e) exclude persons and vehicles from the vicinity; and

                (f) generally do all things necessary to cope with the emergency.

            (2) Where an alarm of fire has been given or the officer in charge has reason to
believe that a fire exists on any premises, the officer in charge and any person under the
direction of that officer may enter or break into any building for the purpose of ascertaining
whether a fire exists.

            (3) Every person who disobeys any lawful order or command of the officer in
charge is for each such offence liable upon summary conviction to the penalty prescribed by the
Summary Proceedings Act.

            (4) The officer in charge may direct that any building be pulled down or otherwise
destroyed if, in the judgment of that officer, doing so will tend to prevent the further spreading
of a fire or protect the public from a dangerous condition.

            (5) Any member of an emergency services department authorized by the chief
officer may enter any building or premises at any reasonable time for the purpose of determining
whether there is any condition therein likely to increase the risk of fire or to interfere with the
escape of the occupants in the event of fire or other emergency.

            (6) A regional municipality, an officer in charge and a person acting under the
direction or authority of that officer are not liable to any action or proceedings for any act done
in the exercise of any of the powers conferred by this Section.


         76 (1) A regional municipality may assist with its apparatus, machinery, implements
or equipment at fires, rescues or other emergencies occurring outside its boundaries.

            (2) A regional municipality may enter into an agreement with municipalities,
villages, federal agencies, service commissions or persons for giving assistance at fires, rescues
and other emergencies outside the boundaries of the regional municipality or for receiving
assistance at fires, rescues and other emergencies within its boundaries, and may make the
expenditures necessary to carry out the terms of the agreement.


PART VI
                        
FINANCE
                        
         77 The fiscal year of a regional municipality begins on April 1st and ends on March
31st in the following year.


         78 The council may vote, rate, collect, receive, appropriate and pay all sums of money
required by the regional municipality for

            (a) erecting, acquiring, purchasing, leasing, altering, adding to, improving,
         repairing, furnishing, equipping, heating, lighting, caring for and managing lands and
         buildings required for any purpose of the regional municipality;

            (b) salaries, remuneration and expenses of the mayor, councillors, officers and
         employees of the regional municipality;

            (c) the reasonable expenses incurred by the mayor or a councillor for attendance
         at meetings and conferences if the permission of the council is obtained prior to the
         meeting or conference or if the attendance is in accordance with a policy of the council
         established by administrative order;

            (d) expenses of elections and plebiscites;

            (e) judgments recovered, or costs awarded, against the regional municipality,
         with interest;

            (f) premiums on any insurance policy for damage to property, personal injury
         or liability, including liability of members of the council or employees of the regional
         municipality;

            (g) repayment of money borrowed by the regional municipality, the payment of
         interest on that money and payment of sinking funds and amounts required to be provided,
         raised or paid by the regional municipality pursuant to the Municipal Affairs Act;

            (h) establishing, equipping and maintaining a police force for all or part of the
         regional municipality, with the power to contract with the Royal Canadian Mounted Police
         or with the Minister of Justice to provide police services;

            (i) contributing to the capital cost of a hospital to which the Hospitals Act
         applies;

            (j) purchasing, acquiring, constructing, altering and improving buildings for a
         medical centre to encourage medical doctors, dentists and other health professionals to
         locate in the regional municipality or a part of the regional municipality;

            (k) removing snow from a street or highway or other public place or making a
         street or highway passable in winter;

            (l) equipping and maintaining emergency services;

            (m) providing an emergency response system;

            (n) honoraria for volunteer firefighters and emergency services volunteers;

            (o) acquiring, constructing, altering, improving, extending and maintaining
         ponds, reservoirs, brooks, canals and other means of accumulating or directing the flow
         of water to be used in extinguishing fires;

            (p) materials, services and supplies for emergency measures;

            (q) materials, services and equipment for recreational programs operated by the
         regional municipality and the provision of recreation centres and facilities;

            (r) purchasing, acquiring, developing, maintaining, improving and operating
         parks and playgrounds;

            (s) purchasing, acquiring, maintaining and improving public grounds, squares,
         halls and parks and for maintaining and improving property held by trustees for the use
         of the public;

            (t) establishing and maintaining properly equipped pounds;

            (u) advertising the opportunities of the regional municipality for business,
         industrial and tourism purposes and encouraging the tourist traffic, with power to make
         a grant to a tourist bureau or tourist association for this purpose;

            (v) preservation, expansion and attraction of business and industry, the
         stabilization and expansion of employment opportunities and the economic development
         of the regional municipality;

            (w) lighting any part of the regional municipality;

            (x) laying out, opening, constructing, repairing, improving and maintaining
         streets, curbs, gutters or sidewalks, including traffic control signs, signals, markings and
         other devices;

            (y) providing a public transportation service either within the regional
         municipality or partly within and partly outside the regional municipality either by the
         purchase of vehicles and vessels and the operation of the service or by payment of a
         subsidy to a person who will agree to operate the service;

            (z) constructing, altering, extending, improving, repairing, maintaining and
         operating wastewater facilities and stormwater systems of the regional municipality;

            (aa)    preventing or decreasing flooding;

            (ab)    collecting, removing and disposing of solid waste and acquiring, building and
         operating recycling facilities, composting sites, waste separation facilities, sanitary
         landfills, transfer stations and facilities required to implement an integrated solid-waste
         resource management strategy;

            (ac)    constructing, altering, extending, improving, repairing, maintaining and
         operating a water works or water system, and treating the water in the water system
         chemically, electrically, mechanically or otherwise as determined by the council, but the
         amount required therefor shall be raised by rates determined under the Public Utilities
         Act, so far as those rates extend, and only the deficit, if any, shall be raised by taxation;

            (ad)    carrying out agreements entered into with Canada Mortgage and Housing
         Corporation, the Minister of Housing and Consumer Affairs or any body corporate or
         agency having similar objects;

            (ae)    the contribution of the regional municipality to a pension or superannuation
         fund pursuant to the provisions of this or any other Act;

            (af)    payment to the Board of an assessment on a public utility owned or operated
         by the regional municipality as determined by the Board;

            (ag)    paying the school board the amount required to support the public schools;

            (ah)    the board and tuition of persons attending any facility operated by the Atlantic
         Provinces Special Education Authority;

            (ai)    public libraries;

            (aj)    annual subscription fees of the Union of Nova Scotia Municipalities;

            (ak)    grants or contributions to

                (i) a society within the meaning of the Children and Family Services Act,

                (ii)    a livestock health services board established pursuant to the Livestock
            Health Services Act,

                (iii)   a mental health clinic in receipt of financial assistance from the
            Province,

                (iv)    an exhibition held by an educational institution in the regional
            municipality,

                (v) a club or association or exhibition within the meaning of the
            Agriculture and Marketing Act,

                (vi)    any charitable, nursing, medical, athletic, educational, cultural or
            social organization within the Province,

                (vii)   a charitable organization registered as such pursuant to the Income
            Tax Act (Canada) and regulations made thereunder,

         but the total of the amounts so paid in a year shall not exceed one per cent of the taxes for
         general municipal purposes levied by the regional municipality for that year;

            (al)    payments into the special reserve fund authorized by this Act or the Municipal
         Affairs Act;

            (am)    establishing, operating and maintaining public markets and purchasing,
         acquiring, constructing, altering, adding to, equipping and maintaining facilities therefor;

            (an)    all other expenditures authorized by this or any other Act or by by-law or
         required to be made under any contract lawfully made by or on behalf of the regional
         municipality or incurred in the due execution of the powers, responsibilities and duties by
         law vested in or imposed upon the regional municipality, its mayor, council or officers.


         79 When, by this or any other Act, a regional municipality is authorized or directed to
pay any money or to make an expenditure or to enter into any contract or guarantee or take any
action as a result of which it may be required to pay any money, the sums so required shall be
held to be sums required for the ordinary lawful purposes of the regional municipality and shall
be raised, levied and collected in the same manner and in all respects as other sums required
for the ordinary lawful purposes of the regional municipality are raised, levied and collected.


         80 (1) The council may vote, rate, collect, receive, appropriate and pay all sums of
money required by the regional municipality for the paying of grants or contributions to any
public hospital located in or providing services for residents of the regional municipality.

            (2) Where the council considers it advisable to do so, any sums of money required
to pay a grant or contribution to a public hospital as defined in the Hospitals Act may be raised
as an area rate in the area or areas primarily served by the public hospital.


         81 (1) The council may, by administrative order, grant an exemption from taxation
in the regional municipality upon the property owned by a person whose total income from all
sources for the calendar year preceding the fiscal year for which the exemption is sought is
below the amount determined by the council and set out in the administrative order, to the extent
set out in the order.

            (2) Any allowance paid pursuant to the War Veterans Allowance Act (Canada)
or pension paid pursuant to the Pension Act (Canada) is not to be included in a person's total
income for the purpose of subsection (1).

            (3) The treasurer may require a person applying for an exemption to make an
affidavit regarding income in the calendar year preceding the municipal taxation year for which
the exemption is sought.

            (4) The administrative order may specify that the exemption only extends to
persons who are residents of the regional municipality.

            (5) The administrative order may specify that where two or more persons, one
or more of whom are entitled to an exemption, are by any interest the owners of taxable property
together, the person so entitled is entitled only to that portion of the amount of the exemption that
the amount of that person's assessment with respect to the property bears to the total assessment
for the whole property, and where the owners are not separately assessed for their several
interests in the property, then to that portion determined by the clerk, whose determination is
final.

            (6) The administrative order may specify that the exemption applies only to
property of a ratepayer occupied as that ratepayer's principal residence.

            (7) The administrative order may specify that the amount of income specified in
the order includes the income of all other members of the same family residing in the same
household.

            (8) The administrative order may specify a date after which no application for
an exemption will be received, if the date set is not less than twenty-one days after the filing of
the assessment roll.


         82 (1) The council may, by by-law, provide for the postponed payment of all or of
a defined portion of rates and taxes by persons whose income, together with the income of a
spouse or other person living in the same home, as the by-law specifies, is below the amount set
out in the by-law.

            (2) A by-law passed pursuant to this Section applies only to the property of a
person occupied by that person as that person's principal residence.

            (3) The by-law may

                (a) provide that taxes be postponed for a certain period, or until the death
            of the assessed owner or other specified contingency;

                (b) provide for the postponement of tax collection procedures for the
            current year;

                (c) prescribe the procedure for applying for the benefits of the by-law,
            including all necessary forms and affidavits;

                (d) provide for interest on the taxes postponed.

            (4) Any limitation period affecting a regional municipality's entitlement to collect
postponed taxes shall not commence until the period of postponement has expired.

         (5)    Where a regional municipality has provided that only a portion of the taxes due may
be postponed and where the portion that must be paid is three years overdue, the period of
postponement terminates thirty days after the treasurer notifies the person whose taxes have been
postponed, unless the taxes that were not postponed are paid before the expiration of the thirty
days.

            (6) A by-law passed pursuant to this Section does not require the approval of the
Minister.

            (7) Except as otherwise provided in this or any other Act, the council shall not
relieve any taxpayer from all or any portion of rates and taxes.


         83 (1) On or before March 31 in each year, the council shall make estimates of all
sums that are required for the lawful purposes of the regional municipality for the following
fiscal year after crediting the probable revenue from all sources other than rates for the year,
making due allowance for the abatement and losses which may occur in the collection of the
taxes and for taxes for the current year that may not be collected or collectable.

            (2) The council shall include in its estimates the estimated deficit from the
preceding year.

            (3) The council may include in its estimates an amount for contingencies and
unforeseen expenses in matters on which it may vote and expend money.

            (4) The council may include in its estimates an amount for all or part of any
surplus of any previous years that will be available for the current year.

            (5) The council shall authorize the levying and collecting of a rate of so much on
the dollar on

                (a) the full assessed value of taxable commercial property and business
            occupancy assessment; and

                (b) such percentage of the assessed value of taxable residential property
            and resource property, not exceeding one hundred per cent, as council determines.

            (6) The rate shall be that which the council deems sufficient to raise the sum so
estimated to be required to defray the expenditures of the regional municipality.

            (7) The council shall make an allowance in the total assessed value shown on the
roll to provide for any variation in that value which may result from any assessment appeal.

            (8) Notwithstanding subsections (5) and (6),

                (a) the council shall authorize the levying and collecting of a separate rate
            for the area of the regional municipality determined by the council to be a rural
            area receiving a rural level of services sufficient to raise the amount estimated to
            be required to defray an amount not exceeding the area's share of the net cost to the
            regional municipality of providing general administration, planning, development
            control, building and protective inspections, social services, contributions to a
            school board, contributions to a regional library, industrial or business
            development and attraction, and solid waste collection and disposal, including
            waste diversion;

                (b) for the five fiscal years commencing on the incorporation date, the
            council may authorize the levying and collecting of a separate rate within each
            former municipal unit by phasing down or up the rate that applied within the
            municipal unit immediately before the incorporation date;

                (c) for the ten fiscal years commencing on the incorporation date, the
            council may authorize different percentages pursuant to clause 5(b) within each
            former municipal unit by phasing down or up the percentage that applied within the
            municipal unit immediately before the incorporation date; and

                (d) for the ten fiscal years commencing on the incorporation date, the
            council may authorize the levying and collecting of a separate rate within each
            former municipal unit for debt charges arising from debt outstanding immediately
            prior to the incorporation date.


         84 (1) The council shall include in its estimates

                (a) the minimum municipal contribution payable pursuant to the Education
            Act; and

                (b) any additional amount requested by the school board and approved by
            the council.

            (2) The council shall, from time to time, on the requisition of the school board,
pay over to that board the sums referred to in this Section.


         85 (1) The council may, by administrative order, prescribe a minimum tax per
dwelling unit.

            (2) Where the tax rate applied to the assessment of a property is less than the
minimum tax prescribed by the council, the owner of the property shall pay an additional tax
equal to the difference between the tax rate applied to the assessment of the property and the
minimum tax.

            (3) The minimum tax may be set at different levels for different areas of the
regional municipality.

            (4) The number of dwelling units in any property shall be determined by the
Director of Assessment, whose decision may be appealed to the Board.


         86 (1) Subject to the approval of the Board for those services that are subject to the
Public Utilities Act, the council may, by by-law, prescribe charges for the provisions of services
for persons who use or benefit from the service on a basis to be set out in the by-law.

            (2) A by-law passed pursuant to this Section does not require the approval of the
Minister.


         87 (1) The council may levy for that part of the cost of any water supply and
distribution system in the regional municipality that is attributable to fire protection.

            (2) The amount of the levy approved by the council shall be rated as a fire
protection rate upon the value of all assessable property and business occupancy assessment in
the area served by any water supply and distribution system that is within twelve hundred feet
from a fire hydrant in the system.

            (3) No property in the area served by any water supply and distribution system
that is within twelve hundred feet from a fire hydrant in the system is exempt from the fire
protection rate.

            (4) The distance from a fire hydrant shall be measured continuously along roads
or rights of way leading from the hydrant to the property.

            (5) The fire protection rate is a lien and may be collected in the same manner as
rates and taxes pursuant to the Assessment Act.


         88 (1) The council may

                (a) make, in an area or for the benefit of that area, an expenditure upon
            any of the subjects authorized by law;

                (b) pay a sum of money for area purposes either within an area or for the
            benefit of an area upon any of the subjects authorized by law;

                (c) pay a sum of money for which by law any area is chargeable;

                (d) pay to the municipality, board, company or commission operating a
            water utility in an area or, where the water utility is operated by the regional
            municipality itself, then transfer to its water utility account and charge to the area
            the amount required to

                    (i) pay the rate for fire protection payable by the regional
                municipality or an area of the regional municipality under a schedule of rates
                for a water utility approved or fixed pursuant to the Public Utilities Act,

                    (ii)    pay any deficit resulting from the regional municipality's water
                system after applying the revenues obtained from the rates approved or fixed
                pursuant to the Public Utilities Act, or

                    (iii) pay to the municipality, board, company or commission operating
                the utility an amount necessary to implement any guarantee which the
                regional municipality has made in order that the municipality, board,
                company or commission provide water for the area.

            (2) The council may expend a sum of money in or for an area upon any capital
purpose for which a regional municipality may borrow money pursuant to the Municipal Affairs
Act, and may

                (a) advance the money out of its revenue fund surplus or out of any special
            reserve or other fund which may lawfully be used for the purpose; or

                (b) borrow the money pursuant to the Municipal Affairs Act,

and provide for the recovery of the amount, together with interest at a rate determined by the
council, by raising annually within the area as much of that sum as the council considers
advisable to collect in any one fiscal year.

            (3) The council may, in any of the cases enumerated in subsections (1) and (2),
recover annually from the area the amount required, less any subsidy to the area rate from the
general rate that may be approved by the council, by rating and collecting by an area rate of so
much on the dollar on the assessed value of the residential and resource property assessed in
the area.

            (4) Where, in the opinion of the council, any expenditure results in equal benefit
to each property in the area, the council may, in lieu of levying an area rate, levy a uniform
charge on each property assessment in the area, which charge is collectable in the same manner
as rates and taxes pursuant to the Assessment Act.

            (5) The council, in lieu of levying an area rate proportional to assessed value,
may recover the amount required by rating and collecting by a flat area rate of so much on each
residence in the area, and for this purpose "residence" means a self-contained dwelling unit.

            (6) A council may levy a rate on an area to recover outstanding deficits, debts,
debt charges or other items of past expenditure that the council determines should be recovered
from the ratepayers of the area.

            (7) A rate levied pursuant to subsection (6) applies to the assessed value of all
taxable property and business occupancy assessments in the area.

            (8) This Section does not restrict the power of the council to expend money within
an area for any lawful purpose and to raise all or part of it by a general rate on the whole
regional municipality.


         89 Section 42 of the Education Act does not apply in a regional municipality.


         90 (1) The council may establish and maintain, within the capital reserve section of
the special reserve fund of the regional municipality, an industrial park sale of land account.

            (2) The council may pay into the industrial park sale of land account the proceeds
of any land sold by the regional municipality in an industrial park.

            (3) The council may withdraw money from the industrial park sale of land
account for the purpose of a capital expenditure for which the regional municipality may borrow
money, and the consent of the Minister is not required if the expenditure relates primarily to an
industrial park owned by the regional municipality.


         91 (1) A regional municipality may, from time to time, effect temporary loans for the
purpose of defraying the annual current expenditure of the regional municipality that has been
duly authorized by the council, but the loans shall not in the aggregate exceed fifty per cent of
the combined total of the taxes levied by the regional municipality for the previous year and the
amounts received or to be received by the regional municipality from Her Majesty in right of
Canada or in right of the Province or from an agency of Her Majesty.

            (2) The interest on loans authorized by this Section shall be provided for in the
annual estimates.


         92 (1) Any sums owing on or after the coming into force of this Act to a regional
municipality by the owner of real property in the regional municipality for work done and
services and materials supplied by the regional municipality in the construction and maintenance
of water pipes connecting the owner's property to a public water main shall be a lien upon the
real property in respect of which the sums arose of the same nature and quality as a lien for
rates and taxes that may be rated or assessed on that property pursuant to the Assessment Act.

            (2) The amount of the lien may be added to the amount of the rates and taxes
assessed on the property for the year next following the year in which the lien first arises.


         93 Where the council determines that the wiring and other parts of an electrical
distribution system in any part of the regional municipality be placed underground and the
Board has approved the proposal subject to the condition that some person other than the owner
of the system make a contribution to the cost of so doing, the council may pay all or part of the
contribution.


         94 Any tax certificate provided by a regional municipality pursuant to the Assessment
Act shall include as moneys owing to the regional municipality any sums due from an owner of
property for work done on that property by the regional municipality, the engineer, the
administrator or any other authorized person, the cost of which forms a lien on the property
pursuant to this or any other Act.



PART VII
                          
DEED TRANSF                     ER TAX

         95 In this Part,

            (a) "deed" means any instrument or writing, not testamentary in character,
         whereby property is conveyed, transferred, assigned or vested in any person, but does not
         include a mortgage, an agreement of sale, a lease for a term less than twenty-one years
         or a deed given in pursuance of a sale for rates and taxes;

            (b) "grantee" means the person to whom property is transferred by deed for value
         or otherwise;

            (c) "grantor" means the transferor or the person who transfers property by deed
         for value or otherwise;

            (d) "property" means real property of any kind, including any right, easement or
         power in respect of it or interest in it;

            (e) "registered Canadian charitable organization" means a charitable
         organization registered pursuant to the Income Tax Act (Canada) and the regulations
         made pursuant to that Act;

            (f) "Registrar" means the Registrar of Deeds for the registration district in which
         any property situate within a regional municipality is located;

            (g) "sale price" means the entire consideration for the sale of the property and,
         without restricting the generality of the foregoing, includes

                (i) money consideration paid together with the par or face value of
            promissory notes, cheques, bills of exchange, agreements and securities forming
            part of the consideration,

                (ii)    the gross value of real or personal property given in exchange, in
            whole or in part, including mortgages made by the grantee in favour of the grantor
            or an executor, nominee, assignee, trustee or any other person on behalf of the
            grantor,

                (iii) outstanding obligations or accounts cancelled, assumed or satisfied,

                (iv)    the amount of rates, taxes, liens, mortgages and encumbrances,
            including interest and expenses assumed by the grantee at the date of transfer;

            (h) "transfer" means a transaction whereby property is transferred or conveyed
         by deed;

            (i) "value" means sale price.


         96 (1) Where the council so prescribes by administrative order, on every deed
whereby property situate wholly or partly within the regional municipality is conveyed a deed
transfer tax of not more than one and one-half per cent of the value of the property thereby
conveyed is imposed and levied and payable to the regional municipality.

            (2) The council may, by administrative order, alter the rate of deed transfer tax.


         97 (1) Where the property is situated partly within and partly without the regional
municipality, the deed transfer tax shall be computed on that part of the value that has been
apportioned to the part of the property situate within the regional municipality.

            (2) Where the property is situated partly within and partly without the regional
municipality, the apportionment shall be made by the director of assessment, whose decision may
be appealed to the Board.


         98 (1) The deed transfer tax shall be paid by the grantee named in the deed, who
shall pay it within ten days of the making of the transfer.

            (2) Not later than ten days after a transfer, and whether or not a deed transfer
tax is payable, the grantee shall file with the treasurer an affidavit made by the grantee or by
someone having full knowledge of the facts, setting out

                (a) the names of the parties;

                (b) the location of the property; and

                (c) the sale price of the property with full details of the consideration
            including the amount of any lien or encumbrance subject to which the transfer was
            made,

and, where the affidavit is not made by the grantee, it shall state that the person making it has
personal knowledge of the facts stated therein.

            (3) Where the affidavit is made by a person other than the grantee, that person
is personally liable jointly and severally with the grantee for payment of the amount of the deed
transfer tax.

            (4) Where the grantee claims exemption from the deed transfer tax, the affidavit
shall be filed but shall set out the facts on which the grantee claims to be exempt and, in the case
of a registered Canadian charitable organization, shall give the number of its registration
pursuant to the Income Tax Act (Canada).


         99 (1) Where the treasurer is not satisfied that the affidavit sets out the true and
complete sale price or if for any reason is not able from the affidavit to determine the sale price,
the treasurer may refuse to accept the affidavit and to endorse the deed, and shall so advise the
person who tenders the affidavit.

            (2) The grantee shall thereupon tender the affidavit to the regional assessment
appeal court that has jurisdiction over the assessment appeal region that includes the regional
municipality.

            (3) The regional assessment appeal court shall proceed to determine the sale
price and for that purpose may examine persons on oath.

            (4) The determination of the regional assessment appeal court is final.


         100    (1) The treasurer shall endorse the deed with a certificate stating that, as
computed from the affidavit filed, the deed transfer tax has been paid in full or no deed transfer
tax is payable.

            (2) Notwithstanding the Registry Act, the Registrar shall not receive for
registration any deed of property wholly or partly within a regional municipality unless it bears
a certificate signed by the treasurer stating that the deed transfer tax has been paid in full or that
no deed transfer tax is payable.


         101    Where the grantee does not pay the deed transfer tax when due, the grantee shall
pay interest at the rate determined by the council by administrative order until paid, beginning
ten days after the transfer, and shall pay a penalty of ten per cent on any deed transfer tax that
remains unpaid after thirty days from the date of the transfer.


         102    (1) The deed transfer tax with interest and penalty constitutes a lien upon the
property, situate wholly or in part within a regional municipality, that is conveyed by the deed.

            (2) The lien attaches on the date when the deed transfer tax is due and continues
until discharged by payment, or in accordance with law, and may be collected in the same
manner as annual rates and taxes of the regional municipality are collected.


         103    (1) Where a deed transfers property

                (a) between persons married to one another; or

                (b) by way of gift, notwithstanding that

                    (i) the deed transfers property subject to an encumbrance including
                a mortgage or a lien for rates and taxes and the grantee assumes the amount
                of the encumbrance, including interest and expenses, or

                    (ii)    there is a nominal consideration therefor,

it is exempt from deed transfer tax.

            (2) Where

                (a) a deed merely confirms, corrects, modifies or supplements a deed
            previously given;

                (b) there is no consideration therefor beyond one dollar; and

                (c) it does not include more property than the deed previously given,

it is exempt from the deed transfer tax.

            (3) Where the grantee is a registered Canadian charitable organization, a deed
is exempt from the deed transfer tax if the property is not to be used for any commercial,
industrial, rental or other business purpose and if an officer of the grantee makes and files with
the clerk an affidavit to that effect.

            (4) Notwithstanding subsection (3), where, within three years after the filing of
the affidavit, the property is used by the grantee for a commercial, industrial, rental or other
business purpose or is sold or conveyed by the grantee, the treasurer shall compute the deed
transfer tax for which the grantee would have been liable if it had not been a registered Canadian
charitable organization and the grantee is liable to pay the amount of the tax and interest on it
at the rate of ten per cent per annum computed from the date of the deed referred to in
subsection (3).


         104    (1) The council may, by resolution, appoint the Registrar as its agent and
collector of the deed transfer tax, and in the resolution the council may prescribe the terms and
conditions of the appointment.

            (2) Subject to the approval of the Minister, the Registrar shall accept the
appointment and discharge the duties so prescribed.

            (3) After the resolution has been passed and approved by the Minister, and until
the resolution or its approval has been revoked, affidavits and other documents that may be filed
with the treasurer or are required to be filed with the treasurer shall be filed instead with the
Registrar and the Registrar shall compute the amount of the deed transfer tax and take all the
proceedings that the treasurer may or is required to take, and upon payment of the deed transfer
tax or upon the Registrar finding that the deed is exempt from deed transfer tax, the Registrar
shall endorse the deed with the certificate stating that the deed transfer tax has been paid in full
or that no deed transfer tax is payable.

            (4) On the first day of each month, the Registrar shall transmit to the treasurer
the documents previously filed, with a report of the proceedings, excepting the documents
relating to cases where the Registrar has not signed the certificate, and at the same time shall
transmit to the treasurer the amount of the deed transfer tax collected.


         105    Any person who makes any false statement in an affidavit is liable on summary
conviction to a penalty not exceeding five thousand dollars and in default of payment to
imprisonment for a term not exceeding six months and, further, is liable to pay the amount of the
deed transfer tax, together with interest and penalty, that should have been paid upon the deed.


         106    A regional municipality may, by administrative order, prescribe rules, regulations
and forms necessary for the collection of the deed transfer tax.


PART VIII
                         
BY-LAWS
                          
         107    (1) No by-law, and no repeal, alteration or amendment of any by-law, shall be
passed by the council unless at least ten days' notice has been first given to the council.

            (2) Every by-law shall have three readings before it is passed.

            (3) At least ten days shall elapse between first and second reading of any by-law.

            (4) The council may give a by-law second and third readings at the same meeting
of the council.

            (5) At least seven days before a by-law is read for a second time, the clerk shall
cause notice of council's intent to consider the by-law to be published in a newspaper circulating
in the regional municipality, which notice shall state the object of the by-law, the date of the
meeting at which council proposes to consider it and the place where the proposed by-law may
be inspected or a copy obtained.

            (6) The council may direct the clerk, in any particular case, to provide further
advertising, including advertising by radio or television, and may provide that advertising by
radio and television may replace advertising in a newspaper.

            (7) The council may, by administrative order, further determine the procedure
to be followed and the notice to be given with respect to the introduction and passing of by-laws.

            (8) This Section and Section 108 do not apply to a by-law passed pursuant to the
Planning Act.


         108    (1) Every by-law of the council comes into effect and has the force of law on the
publication of the by-law.

            (2) A by-law has been published when

                (a) it has been passed by the council in the manner provided in this Act;

                (b) it has been approved by the Minister, if the Minister's approval is
            required; and

                (c) a notice has been published in a newspaper circulating in the regional
            municipality, stating the object of the by-law, the date of its final passage, the place
            where it may be read or a copy obtained and, where necessary, that it has received
            the approval of the Minister.

            (3) Every by-law that does not come into force until a subsequent date shall be
published on or before that date.

            (4) Every by-law remains in force until amended, repealed, disallowed or
annulled by competent authority or until the expiration of the period for which it has been made.


         109    (1) The council may provide in any by-law made pursuant to this or any Act that
the by-law applies to an area, but shall define the area in the by-law.

            (2) The council may, in any by-law, establish different charges for different areas.

            (3) Where no restriction is imposed, a by-law applies to the regional municipality.

            (4) In this Act,

                (a) the power to license includes the power to regulate;

                (b) the power to regulate includes the power to license; and

                (c) the power to regulate includes the power to prohibit.


         110    (1) The council, in addition to any power to make by-laws elsewhere or by any
other Act conferred, may make by-laws, not inconsistent with any Act in force in the Province,

                (a) regulating, managing, operating and providing for the use and
            protection of all property of the regional municipality, and for maintaining order
            on it including, without limiting the generality of the foregoing, the power to

                    (i) prohibit persons from trespassing or from leaving animals or
                vehicles, or both, whether attended or unattended, in or upon any land or
                buildings owned by the regional municipality and conferring power to remove
                vehicles at the expense of the owner,

                    (ii)    regulate the days or hours persons may have access to municipal
                property,

                    (iii)   regulate the conduct of persons while on or in any land or
                buildings owned by the regional municipality and providing for the
                preservation of good order,

                    (iv)    prescribe the terms and conditions, including hours and fees, of
                parking on designated property owned, leased or otherwise under the control
                of the regional municipality,

                    (v) provide for the protection of and prevention of injury to any
                property of the regional municipality;

                (b) prohibiting or regulating the defacing of public property by posting
            printed or other notices;

                (c) appointing a day to be a civic holiday;

                (d) respecting the use and protection of the property of any person
            providing a public transportation service for or with the assistance of the regional
            municipality and for maintaining order on it;

                (e) regulating and licensing automatic machines with power to
            discriminate as to the licence fee to be charged for each type or kind of machine,
            and to determine the lighting requirements for any establishment in which the
            machines, or any type or kind of them, are located and the minimum floor space
            required for each machine, with power to vary the requirements for each type or
            kind of machine;

                (f) providing for the management of commons;

                (g) requiring owners of outdoor swimming pools to erect and maintain
            fences and gates around that portion of a swimming pool that is not enclosed by
            buildings and prescribing the height, description of and manner of erecting and
            maintaining such fences and gates;

                (h) respecting licensing and regulating gravel pits and excavations and,
            without restricting the generality of the foregoing, with power to

                    (i) require the person responsible for the making of the gravel pit
                or excavation or the owner of the property, if the gravel pit or excavation was
                made by the owner or with the owner's consent, to restore it to a condition no
                more unsightly than before the gravel pit or excavation was made,

                    (ii)    provide for the giving of not less than thirty days' notice to
                restore to the responsible person or owner,

                    (iii)   enter upon the premises in event of failure to comply with the
                notice, perform the work required by the notice and recover the cost of the
                work from the person on whom the notice was lawfully served, by action
                commenced by the administrator in the name of the regional municipality,
                and

                    (iv)    provide that failure to comply with a notice is an offence;

                (i) regulating or prohibiting the erection of barbed wire fences in all or
            part of the regional municipality and regulating the erection of other wire fences;

                (j) prohibiting and regulating the running at large or trespassing of any
            animals and providing for impounding them and causing them to be sold in case
            they are not claimed within the time prescribed by the by-laws or the damage,
            penalties and expenses are not paid according to law;

                (k) prohibiting or regulating the keeping of goats, pigs, foxes, minks,
            geese, turkeys, hens and domestic fowl and other animals in areas defined in the by-
            law with power to require that they be not allowed to go at large and to provide for
            impounding and destroying those found at large;

                (l) regulating the keeping of pets, animals, reptiles and arachnids and
            defining areas within which such pets, animals, reptiles and arachnids may be kept
            or within which the keeping of them is prohibited;

                (m) prohibiting children under the age of sixteen years, or such younger
            age as the by-law provides, from walking or being on any road, street or sidewalk
            or in any restaurant, dance hall, theatre or other place of amusement after the hour
            prescribed by the by-law, or prescribing the conditions under which the children
            may be on or in any such place after that hour and requiring parents and guardians
            to prevent children from being on or in prohibited places in violation of the by-law;

                (n) regulating and licensing auctioneers, pedlars, hawkers and traders of
            goods;

                (o) regulating or prohibiting smoking in places to which the public has
            access;

                (p) providing for access to fire fighting, rescue or emergency facilities and
            equipment and fire hydrants on private property by members of the emergency
            service;

                (q) preventing interference with efforts of the emergency service to
            extinguish fires and render assistance in emergencies and preventing interference
            with publicly or privately owned fire fighting, rescue or emergency facilities and
            equipment and hydrants;

                (r) prescribing fire safety and prevention measures, including the adoption
            by reference, with or without amendment, in whole or in part, of the National Fire
            Code of Canada and any amendment thereto;

                (s) regulating the storage, transportation and use of inflammable liquids,
            explosives or other highly inflammable, dangerous or hazardous materials;

                (t) regulating fire and burglar alarms, including the terms and conditions
            under which such alarms may be connected to a police, fire or emergency services
            station or alarm system, and providing penalties or the recovery of expenses, or
            both, in the event of false alarms, and the by-law may provide for licences for

                    (i) alarms installed in or located on property, with provision to
                cancel the licence in the event false alarms exceed the standard prescribed
                in the by-law,

                    (ii)    persons who sell, repair or install alarms, and

                    (iii)   persons who provide the service of monitoring alarms;

                (u) regulating and licensing bowling alleys, billiard tables, skating rinks,
            dance halls, night clubs, shooting galleries, stock car racing tracks, outdoor
            theatres and merry-go-rounds, but not including any of the matters in respect of
            which the Governor in Council has made or makes regulations pursuant to the
            Theatres and Amusements Act;

                (v) concerning loitering on or about the doorways, steps or entrances of
            buildings, school property, or on any roads, streets, walkways or alleys, or in any
            sports complex or on any municipal property, or in the common areas of shopping
            centres, shopping malls or other shopping complexes;

                (w) prohibiting or controlling noise;

                (x) prohibiting or regulating the firing of guns or other firearms;

                (y) prohibiting or regulating the buying, selling, possession and use of air
            rifles, air guns and sling shots;

                (z) providing that during the whole or any part of the year all or any class
            or classes of shops, parlours or places where the business of hair cutting or
            barbering is carried on, or all or any class or classes of shops, stores or places in
            which goods are exposed or offered for sale by retail in the regional municipality,
            shall on any day or on certain days be closed to customers during certain hours or
            for the entire day with power to exempt from the operation of the by-law, shops,
            stores or places in which goods are exposed or offered for sale by retail the
            business occupancy assessment of which is below an amount set out in the by-law;

                (aa)    regulating and licensing trailers when they are not operated on a public
            street or highway, except that no licence fee shall exceed two hundred dollars for
            each trailer and the by-law shall not apply to a trailer parked in the yard of

                    (i) any residential premises for a period not exceeding three weeks
                at any one time, or

                    (ii)    the residential premises of the owner of the trailer,

            if in either case it is not, while so parked, used for living or eating purposes or for
            the carrying on of any business;

                (ab)    regulating and licensing camps, parks, tracts or areas of land and any
            facilities maintained, offered or used for the operating or camping of trailers,
            including all buildings used or intended to be used as part of the equipment;

                (ac)    regulating and licensing mobile home parks;

                (ad)    regulating connection to and the use of and protecting wastewater
            facilities and stormwater systems in the regional municipality.


            (2) A by-law relating to the control of noise may

                (a) prescribe a distance beyond which noise shall not be audible;

                (b) distinguish between one type of noise and another;

                (c) provide that it is an offence to engage in any activity that unreasonably
            disturbs or tends to disturb the peace and tranquility of a neighbourhood;

                (d) provide that any noise or sound greater than a specified decibel level
            or other measurement of noise or sound is prohibited;

                (e) provide that in any prosecution for violation of the by-law, evidence
            that one neighbour is disturbed by a noise is prima facie evidence that the
            neighbourhood is disturbed by the noise;

                (f) prescribe the hours during which certain noises or all noise above a
            level specified in the by-law are prohibited;

                (g) authorize the granting of exemptions in such cases as the by-law
            provides;

                (h) provide for the issuing of licences and for cancellation or suspension
            of licences for cause as provided in the by-law, but where cancellation or
            suspension is provided for, the by-law shall provide for an appeal of the
            cancellation or suspension to the council.

            (3) In this Section, "common area" includes entrances, halls, corridors,
washrooms, parking areas, driveways, roads, streets, sidewalks or alleys of any shopping centre,
shopping mall or other shopping complex.

            (4) A by-law passed pursuant to this Section does not require the approval of the
Minister.


         111    (1) The council may make by-laws

                (a) regulating or prohibiting the running at large of dogs, including
            permitting the running at large of dogs in certain places or at certain times;

                (b) imposing a registration fee upon the owner of every dog, to be set by
            administrative order, for such length of time as is specified in the by-law, with the
            power to impose a larger fee for female dogs than for male dogs or for unspayed
            or unneutered dogs than for spayed or neutered dogs;

                (c) providing for the issuing of tags for the identification of dogs registered
            under the by-law, including requiring every owner, in each year, before such date
            as is fixed by by-law, to procure from the clerk or the person designated by the clerk
            or by the by-law a tag for each dog owned and to keep the tag securely fixed on the
            dog at all times during the year and until a tag is procured for the following year,
            but allowing the tag to be removed while the dog is being lawfully used for hunting
            purposes;

                (d) exempting from any registration fee a dog that is a stray dog and is
            harboured for up to the maximum period of time set by by-law;

                (e) defining fierce or dangerous dogs, including defining them by breed,
            cross-breed, partial breed or type;

                (f) regulating or prohibiting the keeping of fierce or dangerous dogs;

                (g) regulating or prohibiting the keeping of a dog that persistently disturbs
            the quiet of the neighbourhood by barking, howling or otherwise;

                (h) authorizing the dog control officer to impound, sell, kill or otherwise
            dispose of dogs

                    (i) that run at large contrary to the by-law,

                    (ii)    in respect of which the fee or tax imposed by any by-law is not
                paid,

                    (iii)   that are fierce or dangerous,

                    (iv)    that are rabid, or appear to be rabid or exhibiting symptoms of
                canine madness,

                    (v) that persistently disturb the quiet of the neighbourhood by
                barking, howling or otherwise;

                (i) requiring the owner of a dog, other than a dog that is trained to assist
            and is assisting a person with a disability, to remove the dog's defecation from
            public property and from private property other than the owner's;

                (j) requiring the owner of a dog to deliver in writing a statement of the
            number of dogs owned or harboured or that are habitually kept upon the premises
            occupied by the owner, and providing that any person who neglects or refuses to
            provide a statement within ten days after having received notice requiring it to be
            provided is guilty of an offence;

            (2) A dog that is trained to assist and assists a person with a disability is exempt
from any registration fee.

            (3) Where a dog tag is required by by-law, the dog tag shall bear a serial number
and the year in which it was issued, and a record shall be kept by the clerk or other officer
designated for that purpose showing the name and address of the owner and the serial number
of the tag.

            (4) The owner of a kennel of pure-bred dogs that are registered with the
Canadian Kennel Club may, in any year, pay a fee set by council by administrative order as a
tax upon the kennel for that year, and upon payment of such amount, the owner of the kennel is
exempt from any further fee in respect to dogs for that year.

            (5) Where required by by-law to do so, the owner of a dog may enter upon private
property to remove the dog's feces.

            (6) A by-law passed pursuant to this Section does not require the approval of the
Minister.


         112    (1) Upon information on oath by a peace officer that it is believed on reasonable
grounds that a person is harbouring, keeping or has under care, control or direction a dog that
is fierce or dangerous, any judge may, by warrant, authorize and empower a person named in
the warrant to enter and search the place where the dog is at any time and to open or remove
any door, lock, fastening or obstacle preventing access to the dog, and to seize and deliver the
dog to the pound and, for such purpose, to break, remove or undo any chain, rope, lock or
fastening of the dog to the premises.

            (2) If the person named in the warrant is unable to seize the dog in safety, that
person may destroy the dog.

            (3) The peace officer must satisfy the judge, upon information on oath, of the
reasons or grounds of belief before a warrant under this Section may be issued.


         113    (1) At the trial of a charge laid against the owner of a dog that is fierce or
dangerous contrary to a by-law,

                (a) the judge may, in addition to the penalty, order that the dog be
            destroyed by the pound keeper or otherwise dealt with and order that the owner pay
            any costs incurred by the regional municipality related to the dog including costs
            related to the seizure, impounding or destruction of the dog; and

                (b) it is not necessary to prove that

                    (i) the dog previously attacked or injured any domestic animal,
                person or property,

                    (ii)    the dog had a propensity to injure or to damage any domestic
                animal, person or property, or

                    (iii)   the defendant knew that the dog had such propensity or was or
                is accustomed to doing acts causing injury or damage.

            (2) No judge shall order the release of any dog, and no pound keeper shall
release any dog to the owner, until the owner pays for all fees, costs and expenses of the pound
keeper while the dog was impounded and kept at the pound.


         114    (1) No person shall burn brush, rubbish or other material or make or burn a
bonfire or other fire in a dangerous manner.

            (2) The council may, by by-law,

                (a) determine that no burning may be carried out without a permit issued
            by the regional municipality and determine conditions to which the permit is subject;

                (b) empower an official, authorized to issue permits for burning, to refuse
            to issue a permit for burning that would be a hazard to health or safety;

                (c) prescribe a portion of the year during which a permit is not required;

                (d) prohibit at certain times, during certain hours or at all times the
            making or burning of bonfires or other fires in areas prescribed by the by-law;

                (e) determine the times when burning may be carried out;

                (f) determine the manner in which burning may be carried out.

            (3) A by-law made pursuant to this Section does not require the approval of the
Minister.


         115    (1) The council may, by by-law, designate any lands owned by the regional
municipality as protected water supply areas.

            (2) No person shall place or permit to escape any matter or thing of an offensive
or deleterious nature, or calculated to impair the quality of water for use for domestic purposes,
upon any land in a protected water supply area.

            (3) No person shall fish or bathe in a lake or other body of water in a protected
water supply area.

            (4) No person shall cut any wood or camp on any land in a protected water
supply area.

            (5) No person shall erect, construct or place any building or structure in a
protected water supply area.

            (6) A by-law passed pursuant to this Section does not require the approval of the
Minister.


         116    (1) In this Section, "vending machine" means any mechanical device that is
operated by the introduction of coins, counters or slugs, that dispenses food, beverages, goods,
wares or services, including newspapers and other publications.

            (2) The council may, by by-law, regulate the placement of vending machines on
the streets of the regional municipality.

            (3) A by-law passed pursuant to this Section may

                (a) prohibit the placement of vending machines on the streets of the
            regional municipality without a licence;

                (b) define classes of vending machines and prescribe different licensing
            requirements and licence fees for each class, with power to exempt specified classes
            from some or all of the provisions of the by-law;

                (c) fix the time for which a licence is in force;

                (d) fix the fee for a licence;

                (e) limit the number and types of licences that may be issued pursuant to
            the by-law and prescribe the manner in which licences shall be allotted;

                (f) limit the types of food, beverages, goods and services that may be
            dispensed from a vending machine;

                (g) regulate the locations where vending machines may carry on business,
            with power to differentiate among the defined classes of vending machines;

                (h) regulate the size, design and appearance of vending machines;

                (i) require the owner of a vending machine to carry public liability
            insurance of the amount and type set out in the by-law;

                (j) require the owner of a vending machine to keep the machine in good
            repair;

                (k) prohibit the dispensing of any food, beverage, good or service for which
            there is no charge;

                (l) require the removal of a vending machine from any particular location
            where a business or property owner objects to the placement of the machine in front
            of the owner's premises;

                (m) authorize the police to seize and remove any vending machine in
            violation of any specified provision of the by-law, and to detain it until the expenses
            of removal and detention are paid.

            (4) A by-law passed pursuant to this Section does not require the approval of the
Minister.


         117    (1) The council may make by-laws

                (a) imposing, fixing and providing methods of enforcing payment of
            charges, rates or fees for wastewater facilities or stormwater system frontages, for
            the use of wastewater facilities or stormwater systems and for connecting to
            wastewater facilities or stormwater systems;

                (b) imposing, fixing and enforcing payment of charges, rates or fees for the
            municipal portion of the capital cost of installing water service;

                (c) fixing or determining and providing methods of enforcing payment of
            charges for recovering all or part of the cost of laying out, opening, constructing,
            repairing, improving and maintaining streets, curbs, sidewalks, gutters, bridges,
            culverts and retaining walls whether the cost is incurred by the regional
            municipality directly or by or pursuant to an agreement with Her Majesty in right
            of the Province, the Minister of Transportation and Communications or any other
            person; and

                (d) imposing, fixing or determining and providing methods of enforcing
            payment of charges for all or part of the cost of the municipal portion of the capital
            cost of placing the wiring and other parts of an electrical distribution system
            underground.

            (2) A by-law passed pursuant to this Section may provide

                (a) that the charges fixed by or determined pursuant to the by-law may be
            chargeable in proportion to frontage, in proportion to area or in proportion to the
            assessment of the respective properties fronting on the street or according to
            another plan or method set out in the by-law;

                (b) that the charges may be made and collected only where the persons,
            owning more than fifty per cent of the frontage of the real property fronting on the
            street or the portion of a street on which the work has been performed, have filed
            with the clerk a petition requesting that the work be performed;

                (c) that the charges become a lien on the whole of the property fronting on
            the street in the same manner and with the same effect as rates and taxes pursuant
            to the Assessment Act;

                (d) that the charges be collectable in the same manner as rates and taxes
            pursuant to the Assessment Act, and at the option of the treasurer be so collectable
            at the same time and by the same proceedings as are rates and taxes;

                (e) a manner of determining when the lien becomes effective or when the
            charges become due and payable;

                (f) that the amount payable may, at the option of the owner of the property,
            be paid in annual instalments over the period, not exceeding twenty years, set out
            in the by-law, and that the whole balance becomes due and payable in case of
            default of payment of an instalment;

                (g) that interest is payable annually on the entire amount outstanding and
            unpaid, whether or not the owner has elected to pay by instalments, at a rate and
            beginning on a date fixed by the by-law.

            (3) No property is exempt from a charge levied pursuant to this Section except
property of Her Majesty in right of the Province.


         118    The council may make by-laws, not inconsistent with any Act in force in the
Province,

            (a) prohibiting, regulating and controlling the cutting down of trees, movement
         of topsoil, movement of gravel, movement of earth, alteration of grade of land and blasting
         of rock;

         (b)    prohibiting or controlling the driving of snowmobiles, machines and motor vehicles
on ice on harbours, lakes, rivers and streams;

            (c) regulating the use of lakes, rivers and streams by swimmers, canoeists, boat
         operators and by all persons on or in the lakes, rivers and streams;

            (d) regulating the use of shores of the lakes, rivers and streams by swimmers,
         canoeists, boat operators and by all persons on or in the lakes, rivers and streams.


         119    (1) In this Section,

                (a) "mobile canteen" means any vehicle used for the display, storage,
            transportation or sale of food and beverages by a street vendor;

                (b) "stand" includes any table, showcase, bench, rack, pushcart, wagon or
            wheeled vehicle or device that may be moved without the assistance of a motor, used
            for the display, storage, transportation or sale of food, beverages or other
            merchandise by a street vendor;

                (c) "street vendor" means a person who sells or offers for sale food,
            beverages or other merchandise on the streets unless they are immediately delivered
            to a residence or shop by the person selling them;

                (d) "vending" means the sale or offering for sale of food, beverages or
            other merchandise in the public streets unless they are immediately delivered to a
            residence or shop by the person selling them.

            (2) The council may, by by-law, regulate vending and street vendors in the
regional municipality.

            (3) Notwithstanding the Motor Vehicle Act, a by-law passed pursuant to this
Section may

                (a) prohibit vending without a licence;

                (b) define classes of street vendors and prescribe different licensing
            requirements and licence fees for each class, with power to exempt specified classes
            from some or all of the provisions of the by-law;

                (c) limit the number and types of licences that may be issued pursuant to
            the by-law and prescribe the manner in which licences shall be allotted;

                (d) limit the types of food, beverages and other merchandise that may be
            vended;

                (e) regulate the size, design and equipment of mobile canteens and stands;

                (f) regulate the hours of operation of street vendors;

                (g) regulate the locations where street vendors may carry on business, with
            power to differentiate among the defined classes of street vendors;

                (h) designate locations on the streets of the regional municipality at which
            vending may be carried out and prohibit vending at all other locations;

                (i) prohibit parking at locations at which street vending is permitted
            during the hours at which street vending is permitted;

                (j) prohibit the parking of mobile canteens on the streets of the regional
            municipality at times and at locations other than those specified in the by-law;

                (k) prohibit leaving stands on the sidewalks of the regional municipality at
            times and at locations other than those specified in the by-law;

                (l) authorize the police to seize and remove any mobile canteen or stand
            in violation of any specified provision of the by-law, and to detain it until the
            expenses of removal and detention are paid;

                (m) fix the time for which a licence is in force;

                (n) fix the fee for a licence;

                (o) regulate the manner in which vending is carried out;

                (p) require street vendors to carry public liability insurance of the amount
            and type set out in the by-law;

                (q) require street vendors, as a condition of obtaining a licence, to agree
            to keep an area in the vicinity of the site for which the licence is issued free of trash
            and refuse at the expense of the street vendor.

            (4) A by-law passed pursuant to this Section does not require the approval of the
Minister.


         120    (1) In this Section,

                (a) "adult entertainment parlour" means any premises or part thereof the
            main purpose of which is to provide goods or services appealing to or designed to
            appeal to erotic or sexual appetites or inclinations;

                (b) "goods" includes books, magazines, pictures, slides, films, phonograph
            records, pre-recorded magnetic tapes and any other reading, viewing or listening
            matter;

                (c) "massage" includes the kneading, manipulation, rubbing, touching or
            stimulating by any means, of a person's body or part thereof, but does not include
            medical or therapeutic treatment given by a physician, chiropractor, osteopath,
            physiotherapist or nurse licensed or registered under the laws of the Province while
            practising as such;

                (d) "massage parlour" means an establishment, club or business, by
            whatever name designated, that performs, offers or advertises or is equipped or
            arranged to provide as part of its services, massages, body rubs, alcohol rubs,
            baths or other similar treatment, but does not include establishments that routinely
            provide such services for medical or therapeutic treatment by physicians,
            chiropractors, osteopaths, physiotherapists or nurses licensed or registered under
            the laws of the Province while practising as such;

                (e) "masseur" means any person who administers a massage, body rub,
            alcohol rub, bath or similar treatment for pay, but does not include a physician,
            chiropractor, osteopath, physiotherapist or nurse licensed or registered under the
            laws of the Province while practising as such;

                (f) "provide"

                    (i) when used in relation to goods, includes to sell, offer to sell or
                display for sale, by retail or otherwise, such goods, and

                    (ii)    when used in relation to services, includes to furnish, perform,
                solicit or give such services;

                (g) "services" includes activities, facilities, performances, exhibitions,
            viewings and encounters;

                (h) "services designed to appeal to erotic or sexual appetites or
            inclinations" includes services

                    (i) of which a principal feature or characteristic is the nudity or
                partial nudity of a person,

                    (ii)    in respect of which the word "nude", "naked", "topless",
                "bottomless", "sexy" or any other word or any picture, symbol or
                representation having like meaning is used in any advertising.

            (2) The council may make by-laws providing for the licensing, regulating,
classifying and inspecting of massage parlours, masseurs and adult entertainment parlours or
any class or classes thereof.

            (3) Without limiting the generality of the foregoing, a by-law passed pursuant to
this Section may

                (a) regulate the placement, construction, size, nature and character of
            signs, advertising and advertising devices, including any printed matter, oral or
            other communication posted or used for the purpose of promoting massage
            parlours and adult entertainment parlours or any class or classes thereof, or
            prohibit such signs, advertising or advertising devices;

                (b) define the area or areas of the regional municipality in which massage
            parlours and adult entertainment parlours or any class or classes thereof may or
            may not operate and limit the number of licences to be granted in respect of
            massage parlours and adult entertainment parlours or any class or classes thereof
            in any area in which they are permitted;

                (c) provide that the premises in which a massage parlour or adult
            entertainment parlour is located shall be constructed or equipped in such manner
            so as not to hinder or prevent the enforcement of the by-law;

                (d) prohibit any person carrying on or engaging in the trade, calling,
            business or occupation for which a licence is required under this Section from
            permitting a person under an age specified in the ordinance to enter or remain in
            the massage parlour or adult entertainment parlour or any part thereof;

                (e) regulate the hours of operation of massage parlours and adult
            entertainment parlours or any class or classes thereof.

            (4) Where a peace officer or an inspector appointed pursuant to a by-law made
pursuant to this Section has reason to suspect that a breach of a provision of the by-law has
occurred in respect of a massage parlour or adult entertainment parlour, the peace officer or
inspector may enter the massage parlour or adult entertainment parlour at any time of the day
or night for the purpose of enforcing the by-law.

            (5) The holding out to the public that services described in this Section are
provided in premises or any part thereof is prima facie proof that the premises or part thereof
is a massage parlour or adult entertainment parlour, as the case may be.

            (6) A by-law made pursuant to this Section may provide that every person who
contravenes the by-law and every director or officer of a corporation who concurs or acquiesces
in such contravention by the corporation, is guilty of an offence and on summary conviction is
liable to a penalty not exceeding five thousand dollars, or to imprisonment for a term not
exceeding one year, or to both.

            (7) Notwithstanding subsection (6), where a corporation is convicted of an offence
under subsection (6), the maximum penalty that may be imposed on the corporation is ten
thousand dollars.

            (8) A by-law made pursuant to this Section does not apply to premises or trades,
undertakings, businesses or occupations carried on in premises licensed under the Theatres and
Amusements Act or the Liquor Control Act.

            (9) A by-law passed pursuant to this Section does not require the approval of the
Minister.


         121    (1) The council may make by-laws prescribing minimum standards of sanitation,
plumbing, water supply, lighting, wiring, ventilation, heating, access, maintenance, appearance,
construction and material for buildings occupied for residential purposes, or parts of buildings
occupied for residential purposes, whether the building or the residential part of it has been
erected, constructed or converted to residential purposes before or after the date of the making
of the by-law, limiting the number of persons who may reside in a building or residential part
of it, imposing on the owner, tenant or occupant, or any one or more of them, the responsibility
for complying with the by-law and providing for notice to an owner, occupant or tenant, or any
one or more of them, to discontinue the use of a building or part of a building as a place of
residence in violation of the by-law and prescribing penalties for such use after notice to
discontinue such use has been given.

            (2) The council may make by-laws prescribing minimum standards of sanitation,
plumbing, water supply, lighting, wiring, ventilation, heating, access, maintenance, appearance,
construction and material for buildings occupied for commercial purposes, or parts of buildings
occupied for commercial purposes.

            (3) Where a person contravenes or fails to comply with a by-law made pursuant
to this Section, the administrator may apply to the Supreme Court of Nova Scotia for any or all
of the remedies provided by this Section.

            (4) The Supreme Court of Nova Scotia may hear and determine the matter at any
time and, in addition to any other remedy or relief, may

                (a) make an order restraining the continuance or repetition of a
            contravention or failure and a new or further contravention or failure in respect of
            the same building or structure;

                (b) make an order directing the removal or destruction of the building or
            structure, or part, that is in contravention of or fails to comply with the by-law and
            authorizing the administrator, where an order is not complied with, to enter upon
            the land and premises with necessary workers and equipment and to remove and
            destroy the building or structure, or part of it, at the expense of the owner;

                (c) make such further order as to the recovery of the expense of removal
            and destruction, to enforce the by-law and as to costs as is deemed proper,

and an order may be interlocutory, interim or final.

            (5) In the event of a fresh offence by the same person against the by-law after an
application has been made, it is not necessary to bring a further application and the original
application may be amended from time to time, and at any time before final judgment so as to
include the other offences, and the whole matter of the violations shall be heard, dealt with and
determined.

            (6) Where the administrator cannot find the owner of any building or structure
in respect of which a contravention or failure to comply is taking place or has taken place, notice
of the application may be posted upon the building or structure.

            (7) A by-law passed pursuant to this Section does not require the approval of the
Minister.


         122    (1) Except as otherwise provided, the council may, by by-law, prescribe a
maximum penalty not exceeding five thousand dollars for the violation of any by-law of the
regional municipality and may, in the by-law, provide that in default of payment of the penalty
the offender may be imprisoned for a maximum period not exceeding ninety days.

            (2) The council may, by by-law, prescribe a minimum penalty not exceeding one
hundred dollars for the violation of any by-law of the regional municipality.

            (3) Where no penalty for violation of a by-law is prescribed, every person who
violates a by-law is liable upon summary conviction to a penalty not exceeding five thousand
dollars and in default of payment to imprisonment for a period not exceeding ninety days.

            (4) Where a person is convicted of violating a by-law by doing anything without
a licence, the court may, in addition to any other penalty for which that person is liable, order
that person to pay the licence fee.

            (5) Where a person pays a licence fee when ordered to do so by the court and
requests that the licence be issued, the regional municipality shall issue the licence if the person
is otherwise entitled to the licence.

            (6) Every day during which a contravention of or failure to comply with a by-law
continues is a separate offence.

            (7) A by-law passed pursuant to this Section does not require the approval of the
Minister.


         123    (1) Every penalty and licence fee imposed pursuant to this Act may, unless any
other provision is specially made, be recovered and enforced with costs on summary conviction.

            (2) All penalties for violations of this Act, or of any by-law of the regional
municipality made pursuant to the authority of this or any other Act, shall, when collected, be
paid to the regional municipality.

            (3) A penalty or fine pursuant to any by-law of the regional municipality, if no
other provision is made respecting it, belongs to and forms part of the general revenue of the
regional municipality.


         124    In addition to any other remedy and to any penalty imposed by a by-law, a regional
municipality may apply to a judge of the Supreme Court of Nova Scotia for an injunction or other
order, and the judge may make any order that the justice of the case requires where

            (a) a building is erected, or is being erected or is being used, or where any land
         is being used, in contravention of a by-law of the regional municipality;

            (b) the breach of a by-law is anticipated or is of a continuing nature; or

            (c) a person is carrying on business or is doing any act, matter or thing without
         having paid any licence or permit fee required to be paid.


         125    (1) Except as otherwise specified in the enactment authorizing the by-law, every
by-law made by council pursuant to the authority of this or any other Act is subject to the
approval of the Minister and, when so approved and published, has the force of law.

            (2) The Minister may subsequently revoke approval of a by-law or of part of the
by-law and, after such revocation, the by-law or the part in respect of which approval is revoked
is repealed.


         126    (1) The council shall keep in a suitable book one copy of every by-law and one
copy of every administrative order, certified by the clerk under the seal of the regional
municipality that it was passed or made and, in the case of a by-law requiring the approval of
the Minister, bearing the approval of the Minister.

            (2) The clerk shall file a certified copy of the notice of publication of the by-law
at the end of every by-law entered in the by-law book.

            (3) The by-law book shall be maintained by the clerk.

            (4) The by-law book shall be open to inspection by any person at any reasonable
time, but shall not be removed from the office of the clerk and the production of the book, or any
part of the book, in a court may not be required on subpoena but only upon order of the court
or a judge after satisfactory cause has been shown.

            (5) The clerk shall print all of the by-laws of the regional municipality from time
to time in force and shall keep printed copies of the by-laws, amended to date, for sale.

            (6) The clerk shall provide a copy of any by-law amended to date to any person
requesting one, at a reasonable price, having regard to the cost of printing.


         127    (1) A copy of any by-law made pursuant to this or any other Act purporting to be
certified by the clerk under the seal of the regional municipality to be a true copy of a by-law
passed by the council and having received all necessary approvals shall be received in evidence
as prima facie proof of its passing, of its having received all necessary approvals, of its
publication, of its being in force and of the contents of it without any further proof in any court,
unless it is specially pleaded or alleged that the seal or the signature of the clerk has been
forged.

            (2) Printed documents certified by the clerk purporting to be printed copies of any
or all by-laws passed by the council shall be admitted in evidence in all courts in the Province
as prima facie proof of the by-laws and of the due passing of them.


         128    (1) Any person may, by notice of motion, apply to a judge of the Supreme Court
of Nova Scotia to quash any by-law, order, administrative order or resolution of the council of
a regional municipality, in whole or in part, for illegality.

            (2) The judge may quash the by-law, order, administrative order or resolution,
in whole or in part, and may, according to the result of the application, award costs for or
against the regional municipality and may determine the scale of the costs.

            (3) The notice of motion shall be served at least seven clear days before the day
on which the motion is to be made.

            (4) No application pursuant to this Section to quash a by-law, order,
administrative order or resolution, in whole or in part, shall be entertained unless the
application is made within three months after the adoption of the by-law, order, administrative
order or resolution except, where a by-law requires the approval of the Minister and the by-law
has not been submitted to or has not received the approval of the Minister, an application to
quash the by-law may be made at any time.


PART IX
                        
STREETS
                        
         129    (1) All public streets, roads, lanes, sidewalks, thoroughfares, bridges, squares,
parks and public grounds, and all curbs, gutters and retaining walls in connection therewith, in
any municipal unit formerly constituted within a regional municipality are vested absolutely in
the regional municipality and, in so far as is consistent with their use by the public, the council
has full control over them.

            (2) No road or allowance for a road to be set out becomes a public street for the
purpose of this Act until the council formally accepts the road or allowance as a public street for
the purpose of this Act or the road or allowance is vested in the regional municipality according
to law.

            (3) Possession, occupation, use or obstruction of a street, or any part of a street,
does not give any estate, right or title to the street.


         130    (1) A regional municipality may assign civic numbers to buildings.

            (2) A regional municipality may name or rename any public or private street.


         131    (1) In this Section, "highway" has the same meaning as in the Motor Vehicle Act.

            (2) The council may, by administrative order, appoint the officer in charge of the
police detachment serving a part of the regional municipality, another officer recommended by
the officer in charge or an official of the regional municipality to be the traffic authority for all
or part of the regional municipality.

            (3) A traffic authority appointed by the council has within the regional
municipality the powers of a traffic authority pursuant to the Motor Vehicle Act.

            (4) The clerk shall forthwith send to the Provincial Traffic Authority any
resolution of council passed under this Section.

            (5) Where there is no traffic authority, the Minister of Transportation and
Communications may appoint a traffic authority to hold office until the council has appointed
a traffic authority.

            (6) Where it appears to the Minister of Transportation and Communications that
a traffic authority appointed by the council is not performing the duties and functions of a traffic
authority, the Minister of Transportation and Communications may, by letter directed to the
mayor or clerk, cancel the appointment of the traffic authority.

            (7) The Provincial Traffic Authority has, with respect to all limited access
highways in a regional municipality, all highways in areas of a regional municipality for which
there is no traffic authority and all highways in a regional municipality that have been
designated by the Minister of Transportation and Communications as main travelled or through
highways, all of the powers conferred upon a traffic authority by or under the Motor Vehicle Act.

            (8) The traffic authority or authorities for a regional municipality have, with
respect to all highways in the regional municipality, excluding those for which the Provincial
Traffic Authority has authority pursuant to this Section, all of the powers conferred upon a traffic
authority by or under the Motor Vehicle Act.


         132    (1) No person shall obstruct any street in a regional municipality.

            (2) No person shall deposit any snow or ice on the travelled way of any street.

            (3) No person shall construct or widen any driveway or other access to a street
without the permission of the engineer.


         133    (1) Any person who

                (a) places an obstruction on a street;

                (b) places an obstruction in a drain, gutter, sluice or watercourse on a
            street;

                (c) prevents water flowing from a street on to the adjoining land; or

                (d) causes water to flow over a street,

is guilty of an offence.

            (2) Where an owner of land has been notified by the engineer of a violation of
subsection (1), and has been required to remedy the condition causing the violation, and fails to
comply with the notice, the engineer may cause to be done all work necessary for compliance with
the notice.

            (3) Where an obstruction is a structure of any kind, the engineer may notify the owner
of the structure to remove the structure from the street within such time as the engineer specifies.

            (4) Where the structure is not removed within the time specified, the engineer may
remove, demolish or destroy the structure in such manner as is deemed expedient.

         134    (1) Any owner or occupant of land, who collects water upon the land and turns or
allows the water to flow upon a street, is liable for all damage to the street, gutters or drains
occasioned thereby.

            (2) Where, by reason of the collection of such water, the flow requires, in the opinion
of the engineer, the construction of a larger drain, sluice or culvert on the street, or makes
necessary
any alteration in the street or the building of new drains, sluices or culverts, such person is liable
to pay the expenses of any such alteration or construction.


         135    (1) No person shall erect, construct or place any building or structure, fence, railing,
wall, tree or hedge or part of them upon a street.

            (2) Where a person is in apparent contravention of this Section, the engineer may
serve notice on that person to remedy the contravention and, where the condition is not remedied
within the time specified in the notice, the engineer may cause the condition to be remedied.

            (3) Where any part of a street other than the travelled way has been built upon and
the council has determined that the encroachment was made in error, the council may permit the
encroachment to continue until such time as the building or structure encroaching upon the street
is taken down or destroyed.

            (4) Section 78 of the Public Utilities Act applies mutatis mutandis to the erection or
placement of any pole, wire, conduit or pipe in, upon, along, under or across a street.


         136    The owner or occupant of land adjoining a street, who erects or maintains, or permits
the erecting or maintaining, on that land of any advertising sign or billboard that, in the opinion of
the engineer, is a menace or source of danger to traffic on the street and who fails to remove the
advertising sign or billboard within ten days after the receipt of notice from the engineer to remove
the same, is guilty of an offence.


         137    (1) No person shall

                (a) deposit or permit to accumulate any sewage, refuse, garbage, rubbish or
            other matter on a street or in any drain, gutter, sluice or watercourse on a street; or

                (b) cause, suffer or permit any sewage, refuse, garbage, rubbish or other
            matter to discharge or flow upon a street or into any drain, gutter, sluice or
            watercourse on a street.

            (2) Every person who violates this Section is liable for the expense of removing such
sewage, refuse or other matter or of preventing such discharge or flow.


         138    The engineer may permit any person to use any portion of a street, except the
travelled
way or a sidewalk, for construction or other temporary purpose.


         139    (1) No person shall break the pavement or soil of any street without the permission
of the engineer.

            (2) The council may, by administrative order, prescribe the terms upon which a
permit to break the pavement or soil of a street may be granted, including setting a fee for the
permit
and requiring security to be posted to ensure that the street is restored.


         140    The council may make by-laws for the protection of streets and may limit the by-law
to
certain streets, or to certain times of the year, or to both, and, for the purpose of the Motor
Vehicle
Act, the council is a local authority.


         141    (1) Notwithstanding the Motor Vehicle Act, the council may, by by-law, establish a
pedestrian mall on all or any part of a street or any land owned by the regional municipality, and
may limit or prohibit the use of that mall by vehicles or classes of vehicles to such extent and for
such periods as may be specified in the by-law.

            (2) The by-law may restrict or prohibit parking on the pedestrian mall.

            (3) The by-law may provide that any vehicle found on the pedestrian mall in violation
of the by-law may be removed and detained until the expenses of removal and detention are paid.


         142    The engineer may temporarily close any street or part thereof for a period not
exceeding six months for the protection of the public, to allow work to be done on the street or on
lands and buildings adjacent to the street or for any other purpose beneficial to the public interest.


         143    (1) The engineer may at any time after October 31st in any year enter upon any land
adjoining a street and erect and maintain snow fences on it or take down, alter or remove any
fence
or other obstruction of any kind that causes drifts or an accumulation of snow so as to impede or
obstruct traffic.

            (2) Every snow fence so erected shall be removed, and every fence or other
obstruction taken down or altered shall be restored, before May 15th in the following year.

            (3) The engineer may, at any time and from time to time, construct, open, maintain
or repair any drain, gutter, sluice or watercourse upon any land adjoining a street and for such
purpose may, at any time and from time to time, enter into and upon such land.

            (4) Any person who hinders or obstructs the engineer in the exercise of any power
or authority conferred by this Section is guilty of an offence.


         144    (1) The council may, by by-law, prohibit any person from using any vehicle or
apparatus on any sidewalk in the regional municipality.

            (2) The council may, by by-law, prohibit any person from taking or riding any animal
on any sidewalk in the regional municipality.

            (3) A by-law passed pursuant to this Section is not subject to the Motor Vehicle Act
and does not require the approval of the Minister.


         145    (1) The council may, by by-law, require the owner, occupier or person in charge of
a property to clear snow and ice from the sidewalks adjoining the property within four hours after
the end of any snowfall or, when the snow stops falling during the night, four hours after daylight.

            (2) The council may, in the by-law, prescribe measures to be taken by the owners,
occupiers or persons in charge for the abatement of dangerous conditions arising from the
presence
of snow and ice on the sidewalks adjoining the property.

            (3) The council may, in the by-law, provide that where a property owner fails to clear
the ice and snow from the sidewalk after twenty-four hours notice to do so, or to take the
necessary
measures for the abatement of any dangerous condition arising from the presence of the snow and
ice, the engineer may have the snow and ice cleared and any necessary measures to abate
dangerous conditions taken, and charge the cost to the owner, and the cost is a debt due to the
regional municipality and a lien upon the property and may be collected in the same manner as
rates
and taxes under the Assessment Act.

            (4) The council may, by by-law, require the owner of a property to remove any ice
or icicles from any part of a building overhanging or abutting a sidewalk.


         146    (1) The council may lay out, open, construct, maintain, improve, alter, repair, light,
water, clean and clear streets in the regional municipality.

            (2) When the council proposes to lay out, open or construct a street, or to improve
or alter a street, the council shall have a survey made and shall file a copy of the plan in the office
of the registrar of deeds for the registration district in which the street is located.

            (3) The council may expend funds for the purpose of clearing snow and ice from the
streets, sidewalks and public places in all or part of the regional municipality.


         147    (1) The council shall not lay out, open, construct or accept the dedication of a street
that is less than fifteen metres in width.

            (2) The council shall not expend any moneys of the regional municipality on a street
that is less than fifteen metres in width, except a street dedicated to the use of the public or owned
by a municipal unit before the incorporation date.


         148    (1) The council may, by administrative order, close any street or part of a street.

            (2) The council shall hold a public hearing before passing the administrative order.

            (3) The council shall give notice of its intent to close the street by advertisement
inserted for at least two successive weeks in a newspaper published or circulating in the regional
municipality.

            (4) The first notice shall be published at least twenty-one clear days before the date
of the public hearing.

            (5) The notice shall set out the time and place of the public hearing at which those
in favour or opposed to the street closing will be heard and describe the street to be closed
sufficiently to identify it.

            (6) A copy of the notice shall be mailed to the Minister of Transportation and
Communications at least twenty-one days before the public hearing.

            (7) A copy of the administrative order passed by the council, certified by the clerk
under the seal of the regional municipality, incorporating a survey or a metes and bounds
description of the street that is closed, shall be filed in the office of the registrar of deeds for the
registration district in which the street is located and with the Minister of Transportation and
Communications.

            (8) Upon filing the administrative order in the office of the registrar of deeds, all
rights of public user in the land described in the administrative order are forever extinguished and
the regional municipality may sell and convey the land or may subsequently re-open the land as a
street in the manner prescribed in this Act.


         149    A by-law passed pursuant to this Part does not require the approval of the Minister.


         150    This Part does not apply to a highway vested in Her Majesty in right of the Province.


PART X
                           
SOLID-WASTE                RESOURCE MANAGEMENT

         151    (1) The council may make by-laws

                (a) prohibiting persons from depositing any solid waste in any sanitary landfill
            or other place of deposit except in a sanitary landfill licensed pursuant to the
            Environment Act or not required to be licensed pursuant to that Act, or a recycling
            facility, transfer station, waste separation facility or composting site established
            pursuant to the integrated solid-waste resource management strategy of the regional
            municipality;

                (b) regulating the mode of removal of solid waste and providing for and
            regulating the use of containers for solid waste;

                (c) licensing persons engaged in the business of removing or collecting solid
            waste, with power to regulate the operation of the business and to prohibit, in whole or
            in part, the operation of any such business by a person not holding a licence;

                (d) prescribing the materials or class of materials that may be deposited at any
            sanitary landfill site, recycling facility, transfer station, waste separation facility or
            composting site established pursuant to the integrated solid-waste resource
            management strategy of the regional municipality and the terms and conditions under
            which such deposit may be made, including the amount and manner of payment of any
            fees and charges to be paid for permission to make the deposit;

                (e) respecting the collection, storage and disposal of industrial and
            commercial waste material and licensing persons who collect, store or dispose of it;

                (f) requiring the separation of solid waste prior to collection to comply with
            the integrated solid-waste resource management strategy of the regional municipality;

                (g) requiring compliance with the waste resource diversion component of the
            integrated solid-waste resource management strategy of the regional municipality;

                (h) respecting any other matter required to implement the integrated solid-
            waste resource management strategy of the regional municipality;

            (2) A by-law passed pursuant to this Section does not require the approval of the
Minister.


         152    (1) A regional municipality may provide compensation to an area or to the residents
of an area in which a sanitary landfill is located in amounts and under such conditions as the
council may determine.

            (2) A regional municipality is not subject to the Planning Act or a land-use by-law
with respect to the siting of any solid-waste management facility in the regional municipality.

            (3) A regional municipality may contract with other municipalities or persons for the
use of any of its solid-waste management facilities.


PART XI
                         
SEWERS
                          
         153    In this Part,

            (a) "building service connection" means any piping system that conveys sewage or
         liquid waste or stormwater or surface runoff from a property to a public sewer;

            (b) "central sewage disposal system" means a private sewage disposal system
         serving two or more properties;

            (c) "combined sewer" means a sewer intended to function simultaneously as a storm
         sewer and as a sanitary sewer;

            (d) "garbage" means wastes from the preparation, cooking and dispensing of food,
         and from the handling, storage and sale of produce, that have been shredded to such a
degree
         that all particles will be carried freely under the flow conditions normally prevailing in sewers
         with no particles greater than one-half inch in any dimension;

            (e) "improve" includes to lay out, open, construct, repair, improve and maintain;

            (f) "oversized sewer" means a sewer designed to benefit lands in addition to lands
         that will benefit from the sewer immediately upon completion of the sewer;

            (g) "private sewage disposal system" means any private system for sewage disposal
         serving one lot of real property;

            (h) "public sewer" means a sewer controlled by a regional municipality;

            (i) "sanitary sewer" means a sewer receiving and carrying liquid and waterborne
         wastes from residences, institutions, commercial establishments and industrial
establishments,
         and to which storm, surface or ground waters are not intentionally admitted;

            (j) "sewer" means a pipe or conduit for carrying sewage, groundwater, stormwater
         or surface run-off and includes all sewer drains, storm sewers, clearwater sewers, storm
         drains and combined sewers vested in or under the control of a regional municipality;

            (k) "special sewer connection" means a connection from a building on a property to
         a sewer that is not situate in the portion of the street on which the property immediately
abuts;

            (l) "storm sewer"  means a sewer that carries stormwater and surface run-off water
         excluding sewage.


         154    No person shall injure, and no person not being an employee or agent of a regional
municipality acting in the course of duty, shall remove any portion of any catchpit, receiving basin,
grating, covering flagstone or other cover of any catchpit or of any manhole, vent-shaft or any
other
part of any wastewater facilities or stormwater system.


         155    (1) The council may prescribe by administrative order standards and specifications
regarding connections to wastewater facilities and stormwater systems, and the conditions under
which connections may be made.

            (2) No person shall make a connection to wastewater facilities or a stormwater
system in violation of any administrative order or by-law made pursuant to this Act.

            (3) No person shall make a connection to wastewater facilities or a stormwater
system without the approval of the engineer.


         156    (1) Every building service connection shall be constructed and maintained at the
expense of the owner, whether on privately owned property or not.

            (2) Where no building requiring sewer service is located on private property abutting
a street or right of way in which a public sewer is constructed until after construction of the public
sewer is completed, the regional municipality, at the owner's expense, shall construct the building
service connection for that building from the public sewer to the street line or boundary of the
right
of way.

            (3) The construction of a building service connection shall be subject to the
supervision of the engineer and of the size and at the grade, and with the mode of piercing or
opening into the sewer, and generally in such manner and of such materials as the engineer directs.

            (4) No building service connection shall be covered in until it has been inspected and
approved by the engineer.

            (5) Where the owner or an agent of the owner covers in any building service
connection before it has been inspected and a certificate of approval issued, the engineer may open
it for the purpose of inspection.

            (6) The engineer may repair or replace a building service connection with the consent
of the owner and at the expense of the owner.


         157    (1) Where the council has agreed to improve a street or lay a permanent sidewalk,
the engineer may require that portion of a building service connection from the public sewer to the
street line or boundary of right of way to be constructed either before the construction of the street
or sidewalk has begun or during the construction.

            (2) Where an abutting property has more than fifty feet of frontage on the street, the
engineer may require two or more building service connections to be constructed so long as the
connections are not less than fifty feet apart.


         158    (1) The owner of a property shall not construct a special sewer connection without
having first obtained a special sewer connection permit from the engineer to do so.

            (2) The owner shall construct and maintain the special sewer connection to the
satisfaction of the engineer in the same manner as a building service connection.

            (3) Before a permit may be issued, the owner shall execute a document indemnifying
and saving harmless the regional municipality against any damage, loss or expense incurred by the
regional municipality as a result of the construction, existence or removal of the special sewer
connection.

            (4) When a sewer has been constructed in a street on which a property served by a
special sewer connection abuts, the engineer may require the owner to connect the property with
the
street sewer and remove the special sewer connection.

            (5) The engineer may inspect the maintenance of and repairs to a special sewer
connection and may, at all reasonable times, enter on and remain on any property for the purpose
of doing so.

            (6) No person shall cover in a special sewer connection until the engineer has
completed an inspection of the connection.

            (7) If the owner or the owner's agent covers in any special sewer connection before
it has been inspected and a certificate of approval therefor issued, the engineer may open it for the
purpose of inspection.


         159    (1) When any sewer connection is abandoned, the owner shall effectively block up the
connection at the sewer in a manner approved by the engineer so as to prevent sewage from
backing
up into the soil, or dirt being washed into the sewer, and the blocking up shall be inspected and
approved by the engineer before it is covered.

            (2) Where the owner or the owner's agent covers in any blocked sewer connection
before it has been inspected and a certificate of approval therefor issued, the engineer may open it
for the purpose of inspection.

            (3) Where the owner does not effectively block up a sewer connection within twenty-
four hours from the receipt of a notice from the engineer to do so, the engineer may cause it to be
done.


         160    (1) Where a building service connection or special sewer connection is causing a
municipal sewer to malfunction and repairs to the connection would result in the malfunction being
cured, the engineer may require the owner of the property in which is located any portion of the
connection which requires repairs to complete the repairs within a reasonable time.

            (2) Where the repairs required are not completed by the owner within a reasonable
time, the engineer may cause the repairs to be completed.


         161    (1) Where a public sewer has been or is to be constructed in a street, the engineer
may give notice in writing to any owner of property abutting on the street requiring that owner,
within the time specified in the notice, to connect the building with the public sewer by a building
service connection.

            (2) The engineer may require an owner to repair, reconstruct or replace a building
service connection.

            (3) Where any building service connection is not laid and built and connected with
the public sewer or any other work in connection with the building service connection is not done
to the satisfaction of the engineer, the engineer shall, in writing, notify the owner of the property
served or to be served by the building service connection to that effect, specifying in what
particulars
the work is unsatisfactory and, if the owner fails to perform the work to the satisfaction of the
engineer within seven days from the receipt of the notice, the engineer may perform the necessary
work.


         162    (1) No person shall permit the discharge into any wastewater facilities or stormwater
system of a regional municipality or into any wastewater facilities or stormwater system or building
service connection connecting with the wastewater facilities or stormwater system of a regional
municipality of

                (a) a liquid or vapour having a temperature higher than that specified by the
            council by by-law;

                (b) inflammable or explosive matter;

                (c) a quantity of matter capable of obstructing the flow in or interfering with
            the proper operation of any part of the sewage works and treatment process;

                (d) sewage that has any corrosive property that could be hazardous to
            structures, equipment or personnel;

                (e) sewage of such quality that an offensive odour or foam could emanate from
            the wastewater facilities system or that could cause a nuisance;

                (f) sewage containing fish or animal offal or pathological or medical wastes;

                (g) the contents of septic tanks or holding tanks or wastes from marine vessels
            or vehicles or sludge from sewage treatment plants;

                (h) industrial, institutional or commercial waters or wastes containing animal
            fats, wax, grease or vegetable oil in liquid or solid form in concentrations exceeding
            those specified by the council by by-law;

                (i) industrial, institutional or commercial waters or wastes containing
            herbicides, pesticides, xenobiotics, polychlorinated biphenols or radioactive materials
            that are not approved for disposal in a sanitary sewer by the Atomic Energy Control
            Board of Canada;

                (j) sewage from industrial, institutional or commercial sources in
            concentrations of suspended solids that exceed the limit specified by the council by by-
            law;

                (k) sewage from industrial, institutional or commercial sources that exerts or
            causes excessive discoloration;

                (l) sewage from industrial, institutional or commercial sources that exerts or
            causes biological oxygen demand and chemical oxygen demand greater than amounts
            specified by the council by by-law, or chlorine requirements in such quantities as to
            constitute a significant load on the sewage treatment facilities;

                (m) water or waste that contains toxic substances at the point of discharge to
            the public sewer in excess of the concentrations specified by the council by by-law;

                (n) waters or wastes containing substances for which special treatment or
            disposal practices are required by any applicable enactments of the Parliament or
            Government of Canada or of the Province.

            (2) Compliance with any limit is not attainable simply by dilution.

            (3) The council may, by by-law, more specifically describe or establish standards
respecting those substances that may not be discharged into any building service connection,
wastewater facilities or stormwater system.

            (4) The council may, by by-law, prescribe conditions under which the discharge of
contaminants set out in this Section or in a by-law may be permitted, and shall in the by-law set
out
the contaminant the discharge of which is permitted, and the requirements of any agreements with
respect to it.

            (5) The council may, by by-law, prescribe methods of testing and measurement to
ensure compliance with this Part and any by-law.

            (6) A treatment or flow quantity control equalizing facility installed pursuant to a by-
law or an agreement made pursuant to this Section shall be maintained by the owner of the
property
on which it is installed at the expense of the owner.

            (7) A by-law made pursuant to this Section does not require the approval of the
Minister.


         163    (1) The engineer may require any owner of land that is connected to wastewater
facilities or a stormwater system of the regional municipality to provide grease, oil and sand
interceptors in order to provide for the proper handling of liquid wastes containing grease in
excessive amounts, inflammable wastes, sand or other harmful ingredients.

            (2) All interceptors shall be of a type and capacity approved by the engineer and shall
be located so as to be readily and easily accessible for cleaning and inspection.

            (3) Grease and oil interceptors shall be constructed of impervious materials capable
of withstanding abrupt and extreme changes in temperature and shall be of substantial
construction,
watertight and equipped with easily removable covers which, when bolted in place, are gastight
and
watertight.

            (4) Where the interceptors required are not provided by the owner within the time
referred to in the notice, the engineer may cause the interceptors to be provided.


         164    (1) The engineer may require the owner of any industrial, commercial or institutional
property served by a building service connection to install a suitable control manhole in the
building
service connection to facilitate observation, sampling and measurement of the wastes.

            (2) The control manhole shall be located and constructed in accordance with plans
approved by the engineer.

            (3) The control manhole shall be installed by the owner at the owner's expense and
shall be maintained by the owner so as to be safe and accessible at all times.

            (4) Where the control manhole required is not provided by the owner within the time
required by the engineer, the engineer may cause the control manhole to be installed.


         165    (1) Where a public sewer becomes available to a property served by a private sewage
disposal system, the engineer may require the owner of the property to connect the property to the
public sewer.

            (2) Upon receipt of a notice from the engineer requiring a connection, the owner
shall, within the time specified in the notice, cause the property to be connected to the public sewer
by a building service connection.

            (3) The owner shall cause any septic tank, cesspool, privy or private sewage disposal
system on the property to be abandoned and removed or filled with suitable material in a manner
acceptable to the engineer.

            (4) Where the owner of a property has been notified by an official of the regional
municipality or any official of the Province, pursuant to a by-law or to any Act or regulation of the
Province, to remove or close up any cesspit, septic tank, privy or private sewage disposal system
on
the property, and the owner fails to comply with the notice, or where the owner of a property fails
to comply with a notice requiring the construction of a building service connection in accordance
with this Act, the engineer may cause to be done all work necessary for compliance with the
notice.

            (5) The engineer may require as a part of the work necessary for compliance the
installation of a suitable water closet and its connection with a public sewer.


         166    (1) No person shall permit stormwater, surface water, groundwater, roof run-off,
subsurface drainage, cooling water or industrial process waters to be discharged into a sanitary
sewer.

            (2) No person shall connect a sump pump to a sanitary sewer.

            (3) No person shall discharge sewage anywhere except into a public sewer, private
sewage system or central sewage disposal system.

            (4) No person shall permit any contents of a septic tank or cesspit to be discharged
into a public sewer or watercourse.

         (5)    No person shall construct or install a central sewage disposal system within a
regional municipality.


         167    (1) A person who owns, maintains or operates a central sewage disposal system
or who owns or occupies land on or under which there is a central sewage disposal system shall
maintain and operate the system in such a manner that

                (a) a danger to the public health is not created by the system;

                (b) sewage or effluent from the system does not appear on the surface of
            the ground, or in any ditch, excavation or building basement;

                (c) sewage or effluent from the system does not appear in any well or in
            any body of water from which water is used for drinking purposes;

                (d) sewage or effluent from the system does not leak from any part of the
            system; and

                (e) offensive odours are not emitted from the system.

            (2) Where a person who owns, maintains or operates a central sewage disposal
system or who owns or occupies land on or under which there is a central sewage disposal
system fails or neglects to maintain or operate the system in the manner prescribed, the engineer
may cause to be served upon that person a notice requiring that the failure or neglect be
corrected in the manner set out in the notice within seven days from the service of the notice.

            (3) If the failure or neglect is not corrected in accordance with the terms of the
notice and within the time prescribed in the notice, the engineer may cause to be done all work
necessary for compliance with the notice.


         168    (1) When a public sewer becomes available to a property served by a central
sewage disposal system, the engineer may require the owner of the property to connect the
property to the public sewer.

            (2) Upon receipt of a notice from the engineer requiring a connection, the owner
shall, within the time specified in the notice, cause the property to be connected to the public
sewer by a building service connection.

            (3) The owner shall cause any central sewage disposal system or any portion of
it on the property to be abandoned and removed or filled with suitable material.

            (4) Where the owner of a property fails to comply with a notice of the engineer
pursuant to this Section, the engineer may cause to be done all work necessary for compliance
with the notice.


         169    (1) When a public sewer becomes available to all the properties served by a
central sewage disposal system, the person who owns, maintains or operates the central sewage
disposal system shall cause it to be abandoned and removed or filled with suitable material.

            (2) Where the person who owns, operates or maintains the central sewage
disposal system fails to comply with the provisions of subsection (1), the engineer may cause to
be done all work necessary for compliance.


         170    (1) The council may, by by-law, provide for a pollution control charge that is an
annual charge upon the users of the wastewater facilities system of the regional municipality for
the construction, operation and maintenance of a pollution control system, including collection
mains or pipes, force mains, pumping stations, sewage treatment plants and other similar
sewage-treatment facilities for pollution control.

            (2) The by-law may provide for a charge based on

                (a) actual consumption of water;

                (b) actual discharge of effluent;

                (c) in the case of unmetered water users, the average rate of consumption
            by a similar class of users of water in the preceding year;

                (d) where effluent is unmetered, the average discharge of effluent by a
            similar class of users of the wastewater facilities system in the preceding year,

or any combination of these methods.

            (3) Where users of wastewater facilities are not users of a water system, the by-
law may provide for a charge on the basis set out in the by-law.

            (4) The charge may be at different rates for different wastewater facilities of the
regional municipality.

            (5) The charge may be in lieu of, or in addition to, a charge imposed by a by-law
pursuant to any other Section as council determines.

            (6) The pollution control charge constitutes a lien on the property of the occupant
of the property in respect of which the pollution control charge is levied and may be collected
in the same manner and with the same remedies as rates and taxes pursuant to the Assessment
Act.


         171    (1) The council may, by by-law, define the class or classes of buildings to be
erected or enlarged according to the varying loads that, in the opinion of council, the buildings
impose or may impose on the sewer system and levy a charge or charges to pay for additional
or trunk sanitary or storm sewer capacity required to accommodate the effluent from such
buildings, and for the purpose of levying redevelopment charges, the regional municipality may
be divided into zones.

            (2) A redevelopment charge levied pursuant to this Section constitutes a lien
against the land upon which the building is erected or enlarged and may be collected in the same
manner and with the same remedies as rates and taxes under the Assessment Act.


         172    (1) The council may, by by-law, impose a trunk sewer tax

                (a) on each lot in a new subdivision upon final approval of the subdivision;

                (b) on each lot in an existing subdivision when the lot is capable of being
            serviced by a sanitary sewer or a storm sewer.

            (2) A trunk sewer tax constitutes a first lien against the land in respect of which
it is levied and may be collected in the same manner and with the same rights and remedies as
rates and taxes pursuant to the Assessment Act.

            (3) The trunk sewer tax may be at different rates for different areas or zones of
a regional municipality so long as the areas or zones and the tax in each are specified in the by-
law.


         173    (1) The council may, by by-law, impose an oversized sewer tax on each property
determined by the council to benefit from the sewer in the future.

            (2) The oversized sewer tax shall be a charge per square foot equal to the cost
of making the sewer an oversized sewer divided by the area of all properties subject to the
oversized sewer tax.

            (3) The council may provide that the oversized sewer tax does not become due
and payable until the property is serviced by a public sanitary or storm sewer.

            (4) An oversized sewer tax constitutes a first lien against the land in respect of
which it is levied and may be collected in the same manner and with the same rights and
remedies as rates and taxes pursuant to the Assessment Act.


         174    (1) The council may, by by-law, establish a wastewater-management district.

            (2) The council may establish more than one wastewater-management district.

            (3) A by-law establishing a wastewater-management district shall

                (a) delineate the boundaries of the wastewater-management district;

                (b) state the system or systems of wastewater management to be used in the
            district;

                (c) state the extent to which the regional municipality assumes
            responsibility for the repair, upgrading or replacement of private and public sewer
            systems; and

                (d) provide a method for charging the persons within the district for the
            expenditures made in the district for the wastewater-management system.

            (4) A by-law establishing a wastewater-management district may

                (a) provide that the charges for any wastewater-management system are
            to be levied in respect of real property

                    (i) in proportion to street frontage,

                    (ii)    in proportion to real property assessment, or

                    (iii)   in accordance with such other method as the by-law may
                provide;

                (b) make the charges collectable in the same manner as rates and taxes are
            collectable pursuant to the Assessment Act and, if the treasurer so determines,
            collectable at the same time and by the same proceedings;

                (c) make the charges a lien on real property in the same manner and with
            the same effect as rates and taxes pursuant to the Assessment Act;

                (d) provide a manner for determining when a lien becomes effective or
            when the charges become due and payable;

                (e) provide that the charges with respect to a property may, at the option
            of the owner of the property, be paid in such number, not exceeding ten, of annual
            instalments as the by-law provides and that, on default of payment of any
            instalment, the balance of the charges becomes immediately due and payable;

                (f) provide that interest, at a rate and after a date set out in the by-law, is
            payable annually on the unpaid balance, whether or not the owner has elected to
            pay by instalment.

            (5) Where the council has made a by-law establishing a wastewater-management
district, the regional municipality, its servants and agents may enter on any property within the
wastewater-management district to repair, upgrade or replace a private wastewater system and
may, in accordance with the by-law, charge any or all of the costs to the owners of the property
served by the system.


PART XII
                        
STORM WATER DRA                  INAGE

         175    In this Part,

            (a) "development" has the same meaning as in the Planning Act;

            (b) "drainage-management area" means an area within a regional municipality
         that, by an administrative order of the council, is designated as a drainage-management
         area;


            (c) "drainage master plan" means a detailed plan of stormwater run-off and the
         courses and channels of it, including floodplains, for an entire area of drainage;

            (d) "drainage plan" means a detailed plan of stormwater run-off and the courses
         and channels of it, including floodplains, for one or more parts of an area of drainage for
         all lands tributary to or carrying drainage from land that is proposed to be subdivided;

            (e) "grading" means the alteration of land levels, including the addition or
         removal of topsoil or other material of any kind, and includes any change in land that
         alters the permeability of the soil;

            (f) "grading plan" means a plan of final grading of land containing the
         requirements specified by by-law;

            (g) "stormwater" means the excess water running off from the surface of a
         drainage area;

            (h) "stormwater management" means any means to deal with stormwater.


         176    (1) The council may make by-laws,

                (a) setting standards and requirements, including informational
            requirements, respecting stormwater management, with power to require
            stormwater to be directed to or retained in areas specified in the by-laws;

                (b) setting standards and requirements, including informational
            requirements, respecting the design, construction and installation of stormwater
            systems and related services and utilities, with power to provide further criteria for
            the approval of stormwater systems that do not meet the standards and
            requirements so set but that would constitute an improvement over an existing
            stormwater system;

                (c) setting standards and requirements, including informational
            requirements, respecting drainage master plans, drainage plans and grading plans,
            with power to describe in the by-law which persons or classes of persons are
            required to furnish such plans and the circumstances under which the plans are
            required;

                (d) regulating the use and maintenance of public and private stormwater
            systems;

                (e) providing for the protection of public and private stormwater systems;

                (f) requiring those persons or classes of persons described in the by-laws
            to connect stormwater systems to a public stormwater system with power to exempt
            persons or classes of persons from the requirement, and to describe in the by-law
            the circumstances under which the engineer may undertake the work required to
            make the connection;

                (g) enabling the regional municipality to charge back to the owner of land
            on which a stormwater system is located the costs and expenses incurred by the
            engineer in connecting that system to the public stormwater system in accordance
            with a by-law made pursuant to this Section, which charge may be collected in the
            same manner and with the same rights and remedies as rates and taxes pursuant
            to the Assessment Act;

                (h) regulating, controlling or prohibiting the cutting down of trees,
            movement of topsoil, movement of gravel, movement of earth, alteration of grade
            of land and blasting of rock in any area designated by by-law;

                (i) regulating, controlling or prohibiting and setting standards with
            respect to drainage;

                (j) regulating, controlling or prohibiting grading, with power to set
            standards and requirements, including informational requirements, to describe
            when the standards and requirements shall be met, with power to exempt from the
            by-law those classes of lots described in the by-law;

                (k) prohibiting the issuance of any municipal permits or approvals
            pursuant to a by-law in cases where a by-law pursuant to this Part has not been
            complied with, with power to prescribe conditions under which, in such cases, the
            issuance of permits or approvals may be allowed and any conditions that may be
            attached to them;

                (l) regulating, controlling or prohibiting and setting standards with
            respect to the alteration, diversion, blocking or infilling of stormwater systems.

            (2) The engineer may direct a person to comply with any provisions of a by-law
passed pursuant to this Section and may direct restoration to the original condition where any
work is done contrary to the by-law.


         177    Notwithstanding the Planning Act, in addition to the powers conferred on the council
by any other enactment, the council may make by-laws that require a person applying for final
approval of a subdivision pursuant to the Planning Act to do one or more of the following things
before final approval is endorsed on the plan:

            (a) either

                (i) install such public or private stormwater systems, or a combination of
            both, and other related services and utilities as may be required by a by-law made
            pursuant to this Part, and to direct stormwater to, and to retain stormwater in,
            those areas specified in a by-law made pursuant to this Part, or

                (ii)    enter into an agreement with the regional municipality to comply with
            subclause (i) and to maintain any installation that the agreement requires the
            person applying for final approval to maintain for that period of time, not exceeding
            one year, prescribed in the by-law, and to provide security satisfactory to the
            council to secure performance of the agreement;

            (b) provide, at no cost to the regional municipality, public or private easements
         or both for the drainage of stormwater in those circumstances specified in the by-laws
         either on the land that is proposed to be subdivided or outside the land that is proposed
         to be subdivided, or both, with power to set out in the by-law the standards and
         requirements for the easements;

            (c) transfer to the regional municipality lands and interests in land, including
         easements, that may be necessary to operate and maintain stormwater systems;

            (d) enter into an agreement to carry out any drainage plan or grading plan
         required by a by-law and to provide security satisfactory to the council to secure
         performance of the agreement;

            (e) register, pursuant to the Registry Act, an agreement that is provided in
         accordance with a by-law made pursuant to this Act and that affects title to land.


         178    The council may, by administrative order, declare any area of the regional
municipality to be a drainage management area for the purpose of this Part.


         179    (1) The council may, by by-law, in addition to any other tax that it is authorized
to levy

                (a) with respect to each lot of land in a drainage management area, levy
            annually on the owner of that lot a special storm drainage tax;

                (b) with respect to each property that is assessed for municipal taxation
            purposes within a drainage management area, levy annually a special storm
            drainage tax on the assessed owner of the property.

            (2) The council may, by by-law, in addition to any other tax that it is authorized
to levy, with respect to each lot of land that is created after the incorporation date, as a result
of subdividing land, levy on the owner of that lot a special storm drainage tax, and

                (a) the tax may be levied when final approval, pursuant to the Planning
            Act, is given to a subdivision that includes the lot with respect to which tax is levied,
            or where approval is not required pursuant to the Planning Act, when the lot is
            created; and

                (b) the council may, by by-law, exempt from the tax so levied lots and
            owners of lots of such types, kinds or classes as may be set out in the by-law.

            (3) The council may, by by-law, in addition to any other tax that it is authorized
to levy, with respect to each lot of land on which application is made for a development permit
to allow, on the lot, a development of a class designated by the council, by by-law, levy on the
owner of that lot a special storm drainage tax, and

                (a) the tax may be levied at the time the application is made;

                (b) the council may in the by-law provide different rates of tax with respect
            to different classes of developments; and

                (c) the council may, by by-law, totally or partially exempt persons and land
            from the tax and may provide for adjustments to be made in taxes by way of credits
            or otherwise with respect to lots of land or developments where the proposals or
            applications change in order to reflect the changing nature of lots of land or
            developments.

            (4) A tax levied pursuant to subsection (2) or (3) may, at the option of the owner
of the lot with respect to which the tax is levied, be paid in equal annual instalments over a
period not exceeding ten years, and

                (a) on default in payment of an instalment, the whole balance comes due
            and payable;

                (b) the council may, by by-law, provide for interest to be charged on each
            instalment at the rate prescribed in the by-law that imposes the tax on the amount
            outstanding from the date the tax becomes effective or from the date of payment of
            the most recent instalment.

            (5) For greater certainty, a tax may be levied on the same owner and with respect
to the same lot of land pursuant to one or more of the methods authorized by this Section.

            (6) A by-law imposing a tax pursuant to this Section may

                (a) fix different rates for different areas;

                (b) provide that the tax be a uniform charge, or be calculated as so much
            on the dollar of the assessed value of the property assessed for municipal taxation
            purposes with respect to which it is levied, upon the area of the lot or the
            imperviousness of the development or by a combination of two or more such
            methods of calculating the tax.

            (7) The proceeds of all taxes levied pursuant to this Section shall be used for the
purpose of paying all or part of the costs of constructing or maintaining stormwater systems or
any extension or improvement of them, within drainage management areas, and for preparing,
obtaining and maintaining drainage master plans.


         180    (1) A tax levied pursuant to this Part together with interest

                (a) constitutes a first lien upon the lands with respect to which the tax is
            levied in the same manner and with the same effect as rates and taxes pursuant to
            the Assessment Act; and

                (b) is collectable in the same manner and with the same rights and
            remedies as rates and taxes pursuant to the Assessment Act.

            (2) Interest is payable on taxes levied pursuant to this Part that are due and
payable at the same rate as is determined by the council for outstanding rates and taxes.

PART XIII
                       
DANGEROUS OR UN            SIGHTLY PREMISES

         181    In this Part,

            (a) "dangerous or unsightly" means partly demolished, decayed or deteriorated
         so as to be in a dangerous, unsightly or unhealthful condition, or containing any ashes,
         junk, cleanings of yards, bodies or parts of automobiles or other vehicles or machinery,
         or other rubbish or refuse, so as to be dangerous, unsightly, unhealthful or offensive to
         all or any part of the public, and includes a building or structure that

                (i) is in a ruinous or dilapidated condition,

                (ii)    seriously depreciates the value of land or buildings in the vicinity,

                (iii)   is in such a state of non-repair as to be no longer suitable for human
            habitation or business purposes,

                (iv)    is an allurement to children who may play there to their danger,

                (v) constitutes a hazard to the health or safety of the public, or

                (vi)    is a fire hazard to itself or to surrounding lands or buildings;

            (b) "structure" includes any part of a structure.


         182    (1) Every property within a regional municipality shall be maintained so as not
to be dangerous or unsightly.

            (2) Where a property is dangerous or unsightly, council, or a standing committee
to which this function has been delegated by administrative order, may cause an order to be
served on the owner requiring that the condition be remedied by removal, demolition or repair,
and specifying in the order what is required to be done.

            (3) Before an order is made, not less than ten days' notice shall be given to the
owner specifying the date, time and place of the meeting at which the order will be considered
and that the owner will be given the opportunity to appear and be heard at the meeting before
any order is made.

            (4) The notice may be served by being posted in a conspicuous place upon the
property or may be personally served upon the owner.


         183    (1) A regional municipality may apply to a court of competent jurisdiction for a
declaration that a property is dangerous or unsightly and an order specifying the work required
to be done to remedy the condition.

            (2) The court may order any property found to be dangerous or unsightly to be
vacated until the condition is remedied.

            (3) The court may, where any property is found to be dangerous or unsightly,
order that no rent becomes or is payable by any occupants until the condition is remedied.


         184    (1) A property within a regional municipality that is unsafe shall be vacated
forthwith upon order of the administrator.

            (2) The administrator shall post notice that the property is unsafe in a
conspicuous place on the property.

            (3) The notice shall remain posted until the dangerous condition is remedied.

            (4) Any person who removes or renders illegible a notice required by this Section
is guilty of an offence and liable on summary conviction to a fine not exceeding five thousand
dollars and in default to imprisonment for a period not exceeding ninety days.


         185    (1) In this Section, "order" means an order made pursuant to this Part.

            (2) An order may be served by being posted in a conspicuous place upon the
property or may be personally served upon the owner.

            (3) Where the owner fails to comply with the requirements of an order within
thirty days after service upon the owner, the administrator may enter upon the property without
warrant or other legal process and carry out the work specified in the order.

            (4) After the order has been served, any person who aids, assists, permits or
causes a dangerous or unsightly condition or who fails to comply with the terms of the order is
liable on summary conviction to a penalty of not less than one hundred dollars and not more
than five thousand dollars, and in default of payment to imprisonment for a period of not more
than three months, and every day during which the condition is not remedied is a separate
offence.

            (5) Where an order requires the demolition or removal of a building, the
administrator may cause the occupants to be removed, using force if required, in order to effect
the demolition or removal.


         186    When the public safety requires immediate action, the administrator may forthwith
by means of repairs or other temporary protection prevent danger or may remove the dangerous
structure or condition.


         187    (1) The owner of a property shall keep the property free from any accumulation
of wood shavings, paper, sawdust, dry and inflammable grass or weeds or other combustible
material.

            (2) The owner of a property shall not permit any grass, bush or hedge on the
property to become unsightly in relation to neighbouring properties.

            (3) The owner of a property shall not permit the property to become unsightly or
in a state of disrepair, or permit to remain on any part of the property ashes, junk, cleanings of
yards, junk, rubbish, refuse or bodies or parts of automobiles or other vehicles, machinery or
equipment or a dilapidated boat or any thing of any nature whatsoever that by reason of being
on the property causes the property to be unsightly or offensive to all or any part of the public.

            (4) The owner of a property shall not permit the property to become unsightly in
relation to neighbouring properties by reason of the failure to maintain a walkway, driveway or
parking area to the standard common to the neighbourhood, or by reason of a lack of ground
covering or other surfacing.

            (5) The owner of a property shall not permit any building on the property to
become unsightly in relation to neighbouring properties by reason of the failure to maintain the
exterior finish of the building.

            (6) An owner of a property who fails to remove combustible material from the
property or to correct an unsightly condition on it within forty-eight hours after receipt of a
request from the administrator to do so is guilty of an offence.

            (7) A request may be personally served or may be mailed to the last address of
the owner shown on the assessment roll.

            (8) Where a person has been requested to remove grass, weeds or other
accumulation of combustible material or to correct and repair an unsightly condition and fails
to do so, the administrator may enter upon the property without warrant or other legal process
and carry out the work specified in the order.


         188    Where land has been sold for non-payment of taxes and the period for its
redemption has not expired, proceedings may be taken in respect of the repair, removal or
destruction of any structure on the land by reason of its condition, and

            (a) where the purchaser of the land is the regional municipality, any notice
         required to be given in respect to an order for removal or destruction shall be given to the
         person who was entitled to receive it immediately prior to the day on which the land was
         sold; and

            (b) where the purchaser of the land is any person other than the regional
         municipality, the notice shall be given to both the person entitled to receive it immediately
         prior to the day on which the land was sold and the purchaser at the tax sale.


PART XIV
                        
GENERAL
                        
         189    (1) Where an application for approval of a tentative plan of subdivision is made
to the development officer, the development officer, in addition to the powers conferred by the
Planning Act or any other Act, may refer the application to the Department of the Environment
and request that department to review the application and report to the development officer
recommending approval or disapproval, and the reasons for the recommendation.

            (2) The council may, by by-law, which by-law does not require the approval of
the Minister, specify the cases in which the development officer shall refer an application for
subdivision to the Department of the Environment.

            (3) Upon receipt of the report, the development officer shall give due
consideration to the report before approving or rejecting the application and may grant or refuse
the application for a reason given in the report.

            (4) Where an application has been referred to the Department of the Environment
pursuant to this Section and the Department fails to report to the development officer within four
weeks of the referral, the development officer shall proceed as if the referral had not been made.

            (5) An appeal lies to the Board from a decision pursuant to this Section refusing
to approve a plan of subdivision in the same time, by the same persons and in the same manner
as on a refusal to approve a plan of subdivision pursuant to the Planning Act, and the Board has
the same powers and jurisdiction with respect to the appeal as it has pursuant to the Planning
Act.

            (6) The decision of the development officer shall be upheld by the Board if it
determines that the refusal was based on a recommendation of the Department of the
Environment and that there were reasonable and probable grounds for the Department of the
Environment to make the recommendation.


         190    (1) Any applicant for an amendment to a land-use by-law, a development
agreement or an amendment to a development agreement shall pay to the regional municipality
an amount estimated by the development officer to be sufficient to pay the cost of all advertising
and service of any notices required in respect of the application.

            (2) After the advertising has been completed and the notices have been served,
the applicant shall pay to the regional municipality any additional amount required to defray the
cost of advertising and service of notices or, where there is a surplus, the regional municipality
shall refund the surplus to the applicant.


         191    (1) In this Section,

                (a) "electrical installation" means the wires, machinery, apparatus,
            appliances, devices, material and equipment used by a consumer for the receipt,
            distribution and use of electrical power or energy;

                (b) "mobile home park" means any lot, piece or parcel of land upon which
            two or more occupied mobile homes are located or are intended to be located either
            free of charge or for revenue purposes, and includes any building, structure or
            enclosure used or intended for use as part of the equipment of the mobile home
            park;

                (c) "public utility" includes a person, including, without limiting the
            generality of the foregoing, Nova Scotia Power Incorporated, who owns, operates,
            manages or controls any plant or equipment for the production, transmission,
            delivery or furnishing of heat, light or power, either directly or indirectly, to or for
            the public.

            (2) Notwithstanding the Public Utilities Act, the Electrical Installation and
Inspection Act or any other Act, a public utility shall not make in a regional municipality a new
connection with an electrical installation in a mobile home park or to a mobile home nor supply
any electrical power or energy through a connection to a consumer unless and until the
consumer has established to the satisfaction of the public utility that all permits required by the
regional municipality have been issued and are in force with respect to the mobile home park or
mobile home in which the electrical installation is located.


         192    (1) Where a permit has been granted to repair or alter a building and it appears
that the repairs or alterations cannot be made without obtaining access to an adjoining property,
the administrator may require the owner and occupants of the adjoining property to permit the
permit holder to go upon the adjoining property to effect the repairs or alterations upon such
terms and conditions as are prescribed by the administrator.

            (2) The terms and conditions prescribed shall include compensation to the owner
of the adjoining property for any damage committed by the permit holder or any person acting
on behalf of the permit holder, and the administrator may require that the permit holder post a
bond to guarantee payment of the compensation.

            (3) Refusal to permit a permit holder to enter property after the administrator has
required that the permit holder be permitted to enter on the property is an offence.


         193    (1) Upon receipt of a formal complaint, in writing, made to the council with
respect to the operation of a regional public transportation service from any ten adult persons
resident in the area served by the public transportation service, that

                (a) any of the fares, rates, charges or schedules are in any respect
            unreasonable or unjustly discriminatory;

                (b) any regulation, by-law, measure, practice or act whatsoever, is in any
            respect unreasonable, insufficient or unjustly discriminatory; or

                (c) the service is inadequate or unobtainable,

the council shall convene a hearing to consider the complaint within ten days of the filing of the
complaint with the council and, within twenty days of the termination of the hearing, the council
shall render a decision on the complaint and the council or its duly authorized representative
shall advise the complainant forthwith.

            (2) Where the complainant is not satisfied with the decision of the council, the
complainant may, within twenty days of receipt of the decision of the council, file the same
complaint with the Board.

            (3) Upon receipt of a complaint, the Board shall proceed to make such
investigations as it deems necessary or expedient and may

                (a) order or direct the regional municipality that rates, fares, charges or
            schedules be reduced, modified or altered;

                (b) order or direct the regional municipality, subject to such conditions as
            are just, to furnish reasonably adequate service and facilities and make such
            extensions as may be required;

                (c) give such other order or direction as to the modification or change of
            regulations, measurements, practices or acts as the justice of the case requires,

but no such order or direction shall be given by the Board except after a public hearing or
inquiry.

            (4) The Board when called upon to institute an investigation may, in its discretion,
require from the complainants the deposit of a reasonable amount of money or other security
to cover the costs of the investigation, and the money or security shall be dealt with as the Board
directs should the decision be given against the complainants.

            (5) The Board shall, prior to formal hearing of the complaint, notify the regional
municipality that a complaint has been filed and, after reasonable notice has been given, the
Board may proceed to set a time and place for a hearing and an investigation as herein
provided.

            (6) Any order or direction of the Board pursuant to this Section may be revised
or rescinded by the Board upon application of any interested party.

            (7) In an investigation by the Board made pursuant to this Section, in addition
to any other powers or authorities it may have, the Board and each member of the Board has
all the powers, privileges and immunities of a commissioner appointed pursuant to the Public
Inquiries Act.

            (8) Any order or direction of the Board pursuant to this Section may be enforced
in the same manner as any order or direction of the Board pursuant to the Public Utilities Act.


         194    Passenger vehicles of a regional municipality are subject to inspection as may be
required by the Board in accordance with the Public Utilities Act, the Motor Carrier Act or
regulations made pursuant to either of those Acts.


         195    Except as otherwise provided in this Act, the Public Utilities Act does not apply to
a public transportation service operated and maintained by a regional municipality.


         196    Any person may kill or destroy any rabid dog or other rabid animal found at large,
and may secure and place in confinement all dogs or other animals at large and appearing to
be rabid or exhibiting symptoms of canine madness.


         197    (1) No person shall, without the permission of the owner, deface private property
by posting printed or other notices.

            (2) No person shall throw or deposit ashes, cleanings, refuse, dirt, filth or ordure
on any street or highway or other public place in a regional municipality.

            (3) No person shall, within a regional municipality, buy, sell, keep or have any
of the articles commonly known as squibs or firecrackers.

            (4) No person shall, within a regional municipality, discard, throw away or
abandon as refuse any refrigerator, box, case, trunk, strong box, safe or other container the
cubic content of which exceeds one cubic foot unless any cover, door, lid and closing or locking
device has been removed.


         198    Every person who makes a false statement in an application for a licence to be
issued in accordance with any by-law of a regional municipality is guilty of an offence.


         199    (1) A person who defaces, mutilates or cuts a tree upon property of a regional
municipality without having first obtained written consent of the engineer or of the chair of the
tree committee, if one has been established, is guilty of an offence.

            (2) A person is guilty of a separate offence contrary to subsection (1) for each
tree defaced, mutilated or cut.


         200    (1) Where the council or a standing committee lawfully directs that any matter
or thing be done, the council may, if not less than thirty days' notice has been given to the person
so directed, in default of its being done by a person required to do so, cause the matter or thing
to be done at the expense of the person in default, and the cost of doing the matter or thing is a
first charge upon the lands of the person on which the matter or thing was to be done and may
be collected and recovered by the regional municipality in the same manner as municipal taxes
are recovered.

            (2) No action shall be maintained against a regional municipality or against any
official, agent, servant or employee of a regional municipality for any act, matter or thing done
under or pursuant to this Section.


         201    Where duties, obligations or liabilities are imposed by law upon any person, or
where contracts or agreements are or have heretofore been created, enacted or validated by any
statute imposing the duties, obligations or liabilities, a regional municipality may, by action,

            (a) enforce the duties or obligations and the payment or discharge of the
         liabilities;

            (b) obtain as complete and full relief; and

            (c) enforce the same remedies,

as could have been obtained and enforced by the Attorney General, had the Attorney General
been a party to the action as plaintiff, or as plaintiff upon the relation of any person interested.


         202    Where no other mode of service is prescribed, service of any notice required by this
Act on a person may be made by mailing it prepaid and registered to the person at the last
address known to the Director of Assessment appointed pursuant to the Assessment Act.


         203    (1) Where no penalty is specified for the violation of any provision of this Act,
anyone who contravenes the provision is guilty of an offence and liable on summary conviction
to a fine of not less than one hundred dollars and not more than five thousand dollars and in
default of payment to imprisonment for a period not exceeding ninety days.

            (2) Every day during which such a contravention continues is a separate offence.


         204    (1) No action shall be brought against a regional municipality, or against the
council or any member of the council, or against any officer or employee of a regional
municipality, or against any person acting under the authority of the council, member, officer
or employee unless the action is brought within twelve months next after the act complained of
was committed.

            (2) No such action shall be commenced until one month's previous notice has
been served upon the intended defendant or, in the case of an action against a regional
municipality, upon the clerk.

            (3) In the notice, the cause of action and the court in which it is intended to be
brought shall be clearly stated.

            (4) The name and place of abode of the person intending to sue, and the name
and place of abode or business of that person's solicitor or agent where the notice is served by
a solicitor or agent, shall be indorsed upon the notice.


         205    Every action brought by or against a regional municipality shall be brought by or
against it in its corporate name.


         206    Where notice is authorized or required to be served on a regional municipality,
whether or not court proceedings have been or will be taken in connection therewith, service on
the clerk is good and valid service of the notice.


         207    (1) In this Section, "water system" means the structures, devices, equipment and
appurtenances intended for the collection, transportation, pumping and treatment of water.

            (2) A regional municipality and its officers and employees are not liable for
damages caused, directly or indirectly, by

                (a) the operation, maintenance, repair, breaking or malfunction of
            wastewater facilities or a stormwater system or a water system; or

                (b) interference with the supply of water through a water system,

unless the damages are shown to be caused by the negligence of the regional municipality or its
officers or employees.

            (3) A regional municipality and its officers and employees are not liable for any
damages caused by the discharge of any sewage or water into any premises from a public sewer
unless the discharge was caused by the improper construction of the sewer or by neglect in the
maintenance of the sewer.

            (4) A regional municipality and its officers and employees are not liable for any
damages caused by the discharge of any sewage or water into any premises from a public sewer
in any case where this Act or the by-laws of the regional municipality have not been complied
with by any owner or previous owner of the property.


         208    Where a regional municipality is found liable for damages in consequence of the
unsafe condition of any street or sidewalk or of any nuisance or encumbrance on it, the regional
municipality has a right of indemnity for all such damages and for costs and expenses incurred
in connection therewith against any person by whose act or omission the street or sidewalk was
unsafe, or which caused the nuisance or encumbrance.


         209    (1) Where a regional municipality is found liable for damages in consequence of
the unsafe condition of any street, bridge or sidewalk that was transferred to it by Her Majesty
in right of the Province, it has a right of indemnity for all such damages and for costs and
expenses incurred in connection therewith against Her Majesty.

            (2) This Section does not apply to any street, bridge or sidewalk reconstructed
or substantially rebuilt or repaired by the regional municipality, nor to any street, bridge or
sidewalk after ten years from the date on which it was transferred to the regional municipality.


         210    Where judgment is given against a regional municipality, the amount shall be paid
upon order of the council, without unnecessary delay, if there are funds available for the
purpose, otherwise the amount shall be included in the amount to be rated upon the regional
municipality when the next rate is made and shall be paid out of the first money collected on the
rate.


         211    (1) Any Act that applies solely to a municipal unit is repealed effective on the
incorporation date.

            (2) The Governor in Council may specify Acts that are repealed by subsection (1).

            (3) The exercise by the Governor in Council of the authority in subsection (2) is
regulations within the meaning of the Regulations Act.


         212    Clause 3(c) of Chapter 141 of the Revised Statutes, 1989, the Electrical Installation
and Inspection Act, is repealed.


         213    (1) Section 19 of Chapter 300 of the Revised Statutes, 1989, the Municipal
Elections Act, is amended by striking out "city" wherever it appears in the Section and
substituting in each case "regional municipality".

            (2) Subsections 19(1), 19(1A) and 19(2) of Chapter 300 are repealed and the
following subsections substituted:

                (1) A regional municipality may, by by-law, provide that this Section
            applies to the regional municipality.

                (2) A by-law passed pursuant to subsection (1) does not require the
            approval of the Minister.


         214    Subsection 9(1) of Chapter 302 of the Revised Statutes, 1989, the Municipal Grants
Act, is repealed and the following subsection substituted:

            (1) For the purpose of calculating equalization entitlements, areas shall be
         classified as follows:

                (a) Class 1, comprising towns and the urbanized areas of regional
            municipalities as determined by the Minister that contain seven thousand five
            hundred or more dwelling units;

                (b) Class II, comprising towns and the urbanized areas of regional
            municipalities as determined by the Minister that contain three thousand or more
            dwelling units but less than seven thousand five hundred dwelling units;

                (c) Class III, comprising towns and the urbanized areas of regional
            municipalities as determined by the Minister that contain less than three thousand
            dwelling units; and

                (d) Class IV, comprising rural municipalities and the areas of a regional
            municipality not included in Classes I, II or III.


         215    Section 214 has effect on and after April 1, 1996.