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BILL NO. 28

                                              Government Bill

                 
                                                               
              3rd Session, 56th General Assembly
                         Nova Scotia
                   44 Elizabeth II, 1995-96

                 
                                                               
                                                               
                                                               
                                                               
                                                               
                                                               
                                                               
                                                               
                                                               
                      An Act Respecting
                   Regional Municipalities




                          CHAPTER 16
                       ACTS OF 1995-96




                 
                                                               
                                                               
                The Honourable Sandra L. Jolly
                Minister of Municipal Affairs


                 
                                                               
                                                               
                                                               
                                                               
                                                               
                                                               
          AS ASSENTED TO BY THE LIEUTENANT GOVERNOR
                       JANUARY 11, 1996






                 
                                                               
                           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 a majority 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 municipality;

                (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 instal-
ments, 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 govern-
ment 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 MUNICIPALITY

         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 COUNCILS

         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.



         34 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;

            (f) recommending to council

                (i) any amendments to the land-use by-law of the
            regional municipality in force in and applicable to any
            property in the community, and

                (ii)    entering into, amending or discharging a
            development agreement affecting any property in the
            community; and

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


         35 (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.


         36 (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.

         37 (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.


                           PART IV

                           OFFICERS

         38 (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.


         39 (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.


         40 (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.


         41 (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.


         42 (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.


         43 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.


         44 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 appoint-
ment 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.


         45 (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.


         46 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.


         47 (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.


         48 (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.


         49 (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.


         50 (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.


         51 (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.


         52 (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.


         53 (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 depart-
ments.


         54 (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.


         55 (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.


         56 (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

         57 (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.


         58 (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.


         59 (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.


         60 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.


         61 (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.


         62 (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.


         63 (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.


         64 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.


         65 (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.


         66 (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.


         67 (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.


         68 (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.


         69 (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.


         70 (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.


         71 (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.


         72 (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.


         73 (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

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


         75 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.


         76 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.


         77 (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.


         78 (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.


         79 (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.


         80 (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.


         81 (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.


         82 (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.


         83 (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.


         84 (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.


         85 (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;

                (e) make, in an area or for the benefit of an area,
            an expenditure or pay an amount for policing services
            or streets, roads or highways.

            (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.


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


         87 (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.


         88 (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.


         89 (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.


         90 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.


         91 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 TRANSFER TAX

         92 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.


         93 (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.


         94 (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.


         95 (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).


         96 (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.


         97 (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.


         98 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.


         99 (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.


         100    (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).


         101    (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.


         102    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.


         103    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

         104    (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 105 do not apply to a by-law passed pursuant to the Planning Act.


         105    (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.


         106    (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.


         107    (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 establish-
            ment 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.


         108    (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.


         109    (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.


         110    (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.


         111    (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.


         112    (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.


         113    (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.


         114    (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.


         115    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.


         116    (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.


         117    (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.


         118    (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.


         119    (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.


         120    (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.


         121    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.


         122    (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.


         123    (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.


         124    (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.


         125    (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

         126    (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.


         127    (1) A regional municipality may assign civic
numbers to buildings.

            (2) A regional municipality may name or rename any
public or private street.


         128    (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.


         129    (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.


         130    (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.


         131    (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.


         132    (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.


         133    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.


         134    (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.


         135    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.


         136    (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.


         137    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.


         138    (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.


         139    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.


         140    (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.


         141    (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.


         142    (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.


         143    (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.


         144    (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.


         145    (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.


         146    A by-law passed pursuant to this Part does not
require the approval of the Minister.


         147    This Part does not apply to a highway vested in Her
Majesty in right of the Province.


                             PART X

                SOLID-WASTE RESOURCE MANAGEMENT

         148    (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.


         149    (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

         150    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.

         151    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.


         152    (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.


         153    (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.


         154    (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.


         155    (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.


         156    (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.


         157    (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.


         158    (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.


         159    (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.


         160    (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.


         161    (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.


         162    (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.


         163    (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.


         164    (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.


         165    (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.


         166    (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.


         167    (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.

         168    (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.


         169    (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.


         170    (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.


         171    (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 DRAINAGE

         172    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.


         173    (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.


         174    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.


         175    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.


         176    (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.

         177    (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 UNSIGHTLY PREMISES

         178    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.


         179    (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.


         180    (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.


         181    (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.


         182    (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.


         183    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.


         184    (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.


         185    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

         186    (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.


         187    (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.


         188    (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.


         189    (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.


         190    (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.


         191    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.


         192    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.


         193    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.


         194    (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.


         195    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.


         196    (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.


         197    (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.


         198    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.


         199    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.


         200    (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.


         201    (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.

         202    Every action brought by or against a regional
municipality shall be brought by or against it in its corporate
name.


         203    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.


         204    (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.


         205    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.


         206    (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.


         207    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.


         208    Recognizing the interest of the Union of Nova
Scotia Municipalities in changing forms of local government,
the Minister may discuss the substance of proposed
amendments to this Act with the Union before they become law.


         209    (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.


         210    Clause 3(c) of Chapter 141 of the Revised Statutes,
1989, the Electrical Installation and Inspection Act, is
repealed.


         211    (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.


         212    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.


         213    Section 212 has effect on and after April 1, 1996.