Assemblée Législative de la Nouvelle-Écosse

Les travaux de la Chambre ont repris le
21 septembre 2017

Projet de loi no 66

Halifax Regional Municipality Charter and Municipal Government Act (amended)

An Act to Amend Chapter 39 of the Acts of 2008, the Halifax Regional Municipality Charter, and Chapter 18 of the Acts of 1998, the Municipal Government Act

Déposé par :
L'honorable Mark Furey
Minister of Municipal Affairs

Première lecture
Débats en deuxième lecture
Adoption en deuxième lecture
Comité des modifications des lois
    Date(s) de réunion 28 avril 2014
    Rapport à la Chambre
Comité plénier
Débats de la troisième lecture
Débats de la troisième lecture
Sanction royale
Prise d'effet May 1, 2014 except ss 1& 3: January 13, 2009
2014 Statutes, Chapter 16

Note explicative (en anglais seulement)

Clause 1 amends the Halifax Regional Municipality Charter to provide that the requirement that a question arising at a meeting of the Council of Halifax Regional Municipality (“HRM”) be decided by a majority of votes is subject to any policy of Council that prescribes otherwise.

Clause 2 allows the Council or any committee appointed by the Council to meet in closed session to discuss matters relating to any subject if the discussion of the subject could, in the opinion of the Council or the committee, as applicable, violate the confidentiality of information obtained from either of the Government of Canada or the Government of Nova Scotia, an agency of either Government or a public body.

Clause 3 authorizes the Council to make policies prescribing when a special majority is required to decide a question arising at a meeting of the Council, a committee of the Council or a community council, and the size of such special majorities.

Clause 4 makes it optional for HRM to survey and prepare a description of a property proposed to be expropriated.

Clauses 5 and 6 harmonize a provision authorizing a municipal planning strategy to include a statement of policy in respect of the regulation or prohibition of development in areas near airports with a complementary provision that authorizes a land-use by-law to regulate or prohibit the same where a municipal planning strategy so provides.

Clause 7 allows justices of the peace to make an order authorizing entry into or on a property for the purpose of an inspection necessary to administer an order, land-use by-law, development agreement, regulation or statement of provincial interest.

Clause 8 allows infrastructure charges to be imposed in a subdivision by-law to recover actual or anticipated capital costs incurred by HRM as a result of the subdivision and development of land in relation to new or expanded recreational facilities, fire facilities and library facilities.

Clauses 9 and 10 allow justices of the peace and judges of the Provincial Court of Nova Scotia to make an order authorizing entry to a building and an order restraining a person from further interference, if a person has refused to allow the Administrator (an HRM employee responsible for the provisions of the Halifax Regional Municipality Charter respecting dangerous or unsightly premises) or an inspector to exercise, or has attempted to interfere or interfered with the exercise by the Administrator or inspector of a power granted under the Charter.

Clause 11 validates and makes lawful the making of the since-repealed Administrative Order Number One by the Council on April 2, 1996, and validates and makes lawful that which was done in accordance with it.

Clauses 12 and 13 amend the Municipal Government Act to harmonize a provision authorizing a municipal planning strategy to include a statement of policy in respect of the regulation or prohibition of development in areas near airports with a complementary provision that authorizes a land-use by-law to regulate or prohibit the same where a municipal planning strategy so provides.

Clause 14 makes Clauses 1 and 3 retroactive to the coming into force of the Halifax Regional Municipality Charter on January 13, 2009.