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(a) trade secrets of the municipality, another municipality or the Government of the Province;

(b) financial, commercial, scientific or technical information that belongs to the municipality, another municipality or the Government of the Province and that has, or is reasonably likely to have, monetary value;

(c) plans that relate to the management or personnel of or the administration of the municipality or another municipality and that have not yet been implemented or made public;

(d) information the disclosure of which could reasonably be expected to result in the premature disclosure of a proposal or project or in undue financial loss or gain to a third party;

(e) information about negotiations carried on by or for the municipality or another municipality or the Government of the Province.

(2) The responsible officer shall not refuse to disclose, pursuant to subsection (1) the results of product or environmental testing carried out by or for the municipality, unless the testing was done

(a) for a fee as a service to a person, a group of persons or an organization other than the municipality; or

(b) for the purpose of developing methods of testing.

479 (1) The responsible officer may refuse to disclose to an applicant information, including personal information about the applicant, if the disclosure could reasonably be expected to

(a) threaten anyone else's safety or mental or physical health; or

(b) interfere with public safety.

(2) The responsible officer may refuse to disclose to an applicant personal information about the applicant, if the disclosure could reasonably be expected to result in immediate and grave harm to the applicant's safety or mental or physical health.

480 The responsible officer may refuse to disclose information to an applicant, if the disclosure could reasonably be expected to result in damage to, or interfere with the conservation of

(a) fossil sites, natural sites or sites that have an anthropological or heritage value;

(b) an endangered, threatened or vulnerable species, subspecies or race of plants, vertebrates or invertebrates; or

(c) any other rare or endangered living resources.

481 (1) The responsible officer shall refuse to disclose personal information to an applicant, if the disclosure would be an unreasonable invasion of a third party's personal privacy.

(2) In determining whether a disclosure of personal information constitutes an unreasonable invasion of a third party's personal privacy, the responsible officer shall consider all the relevant circumstances, including whether

(a) the disclosure is desirable for the purpose of subjecting the activities of the municipality to public scrutiny;

(b) the disclosure is likely to promote public health and safety or to promote the protection of the environment;

(c) the personal information is relevant to a fair determination of the applicant's rights;

(d) the disclosure will assist in researching the claims, disputes or grievances of aboriginal people;

(e) the third party will be exposed unfairly to financial or other harm;

(f) the personal information has been supplied in confidence;

(g) the personal information is likely to be inaccurate or unreliable; and

(h) the disclosure may unfairly damage the reputation of any person referred to in the record requested by the applicant.

(3) A disclosure of personal information is presumed to be an unreasonable invasion of a third party's personal privacy if the personal information

(a) relates to a medical, dental, psychiatric, psychological or other health-care history, diagnosis, condition, treatment or evaluation;

(b) was compiled, and is identifiable as, part of an investigation into a possible violation of law, except to the extent that disclosure is necessary to prosecute the violation or to continue the investigation;

(c) relates to eligibility for income assistance or social service benefits or to the determination of benefit levels;

(d) relates to employment or educational history;

(e) was obtained on a tax return or gathered for the purpose of collecting a tax;

(f) describes the third party's finances, income, assets, liabilities, net worth, bank balances, financial history or activities, or creditworthiness;

(g) consists of personal recommendations or evaluations, character references or personnel evaluations;

(h) indicates the third party's racial or ethnic origin, sexual orientation or religious or political beliefs or associations; or

(i) consists of the third party's name together with the third party's address or telephone number and is to be used for mailing lists or solicitations by telephone or other means.

(4) A disclosure of personal information is not an unreasonable invasion of a third party's personal privacy if

(a) the third party has, in writing, consented to or requested the disclosure;

(b) there are compelling circumstances affecting anyone's health or safety;

(c) an enactment authorizes the disclosure;

(d) the disclosure is for a research or statistical purpose and is in accordance with this Part;

(e) the information is about the third party's position, functions or remuneration as an officer, employee or member of a municipality;

(f) the disclosure reveals the amount of taxes or other debts due by the third party to the municipality;

(g) the disclosure reveals financial and other similar details of a contract to supply goods or services to a municipality;

(h) the information is about expenses incurred by the third party while travelling at the expense of a municipality;

(i) the disclosure reveals details of a licence, permit or other similar discretionary benefit granted to the third party by a municipality, not including personal information supplied in support of the request for the benefit; or

(j) the disclosure reveals details of a discretionary benefit of a financial nature granted to the third party by a municipality, not including personal information that is supplied in support of the request for the benefit or that relates to eligibility for or the level of income assistance or social service benefits.

(5) On refusing to disclose personal information supplied in confidence about an applicant, the responsible officer shall give the applicant a summary of the information unless the summary cannot be prepared without disclosing the identity of a third party who supplied the personal information, and may allow the third party to prepare the summary of personal information.

482 (1) The responsible officer shall, unless the third party consents, refuse to disclose to an applicant information

(a) that would reveal

(b) that is supplied, implicitly or explicitly, in confidence; and

(c) the disclosure of which could reasonably be expected to

(2) The responsible officer shall refuse to disclose to an applicant information that was obtained on a tax return or gathered for the purpose of determining tax liability or collecting a tax, unless the third party consents.

(3) The responsible officer shall disclose to an applicant a report prepared in the course of inspections by an agency that is authorized to enforce compliance with an enactment.

483 (1) When a responsible officer receives a request for access to a record that contains or may contain information of or about a third party that cannot be disclosed, the responsible officer shall, where practicable, promptly give the third party a notice

(a) stating that a request has been made by an applicant for access to a record containing information that disclosure of which may affect the interests, or invade the personal privacy, of the third party;

(b) describing the contents of the record; and

(c) stating that, within fourteen days after the notice is given, the third party may, in writing, consent to the disclosure or may make written representations to the responsible officer explaining why the information should not be disclosed.

(2) When notice is given pursuant to subsection (1), the responsible officer shall also give the applicant a notice stating that

(a) the record requested by the applicant contains information the disclosure of which may affect the interests or invade the personal privacy of a third party;

(b) the third party is being given an opportunity to make representations concerning disclosure; and

(c) a decision will be made within thirty days about whether to give the applicant access to the record.

(3) Within thirty days after notice is given to an applicant, the responsible officer shall decide whether to give access to the record or to part of the record, but no decision may be made before the earlier of

(a) fifteen days after the day notice is given; or

(b) the day a response is received from the third party.

(4) On reaching a decision, the responsible officer shall give written notice of the decision to the applicant and the third party.

(5) Where the responsible officer decides to give access to the record or part of the record,

(a) the notice shall state that the applicant will be given access after twenty days, unless, in that time, the third party asks for a review pursuant to this Part;

(b) the notice shall state that the third party may ask for a review pursuant to this Part within twenty days of the notice; and

(c) access shall not be provided until the expiry of the twenty day period.

484 (1) Personal information shall not be collected by, or for, a municipality unless

(a) the collection of that information is expressly authorized by, or pursuant to, an enactment;

(b) that information is collected for the purpose of law enforcement; or

(c) that information relates directly to, and is necessary for, an operating program or activity of the municipality.

(2) Where an individual's personal information will be used by a municipality to make a decision that directly affects the individual, the municipality shall make every reasonable effort to ensure that the information is accurate and complete.

(3) The responsible officer shall protect personal information by making reasonable security arrangements against such risks as authorized access, collection, use, disclosure or disposal.

(4) Where a municipality uses an individual's personal information to make a decision that directly affects the individual, the municipality shall retain that information for at least one year after using it so that the individual has a reasonable opportunity to obtain access to it.

485 (1) An applicant who believes there is an error or omission in the applicant's personal information may request the responsible officer to correct the information.

(2) Where no correction is made in response to a request, the responsible officer shall annotate the information with the correction that was requested but not made.

(3) On correcting or annotating personal information pursuant to this Section, the responsible officer shall notify any other municipality or any third party to whom that information has been disclosed during the one-year period before the correction was requested.

(4) On being notified of a correction or annotation of personal information, a municipality shall make the correction or annotation on any record of that information in its custody or under its control.

486 (1) A municipality may use personal information only

(a) for the purpose for which that information was obtained or compiled, or for a use compatible with that purpose;

(b) if the individual the information is about has identified the information and has consented to the use; or

(c) for a purpose for which that information may be disclosed to the municipality pursuant to this Section.

(2) A municipality may disclose personal information only

(a) in accordance with this Part or as provided pursuant to another enactment;

(b) if the individual the information is about has identified the information and consented in writing to its disclosure;

(c) for the purpose for which it was obtained or compiled, or a use compatible with that purpose;

(d) for the purpose of complying with an enactment or with a treaty, arrangement or agreement made pursuant to an enactment;

(e) for the purpose of complying with a subpoena, warrant, summons or order issued or made by a court, person or body with jurisdiction to compel the production of information;

(f) to an officer or employee of a municipality if the information is necessary for the performance of the duties of, or for the protection of the health or safety of, the officer or employee;

(g) to a municipality to meet the necessary requirements of municipal operation;

(h) for the purpose of

(i) to the auditor for audit purposes;

(j) to a representative of the bargaining agent who has been authorized in writing by the employee, whom the information is about, to make an inquiry;

(k) to the Public Archives of Nova Scotia, or the archives of a municipality, for archival purposes;

(l) to a municipality or a law-enforcement agency in Canada to assist in an investigation

(m) if the information is disclosed by a law-enforcement agency to

(n) if the responsible officer determines that compelling circumstances exist that affect anyone's health or safety;

(o) so that the next of kin or a friend of an injured, ill or deceased individual may be contacted; or

(p) for research, archival and historical purposes as provided in this Section.

(3) A use of personal information is a use compatible with the purpose for which the information was obtained, if the use

(a) has a reasonable and direct connection to that purpose; and

(b) is necessary for performing the statutory duties of, or for operating a legally authorized program of, the municipality that uses the information or to which the information is disclosed.

(4) A municipality may disclose personal information for a research purpose, including statistical research, if

(a) the research purpose cannot reasonably be accomplished unless that information is provided in individually identifiable form;

(b) any record linkage is not harmful to the individuals that information is about and the benefits to be derived from the record linkage are clearly in the public interest;

(c) the responsible officer has approved conditions relating to

(d) the person to whom that information is disclosed has signed an agreement to comply with the approved conditions, this Part and any of the municipality's policies and procedures relating to the confidentiality of personal information.

(5) The Public Archives of Nova Scotia, or the archives of a municipality, may disclose personal information for archival or historical purposes where

(a) the disclosure would not be an unreasonable invasion of personal privacy;

(b) the disclosure is for historical research;

(c) the information is about someone who has been dead for twenty or more years; or

(d) the information is in a record that is in the custody or control of the archives and open for historical research on the coming into force of this Part.

487 (1) Whether or not a request for access is made, the responsible officer may disclose to the public, to an affected group of people or to an applicant information

(a) about a risk of significant harm to the environment or to the health or safety of the public or a group of people; or

(b) the disclosure of which is, for any other reason, clearly in the public interest.

(2) Before disclosing information pursuant to subsection (1), the responsible officer shall, if practicable, notify any third party to whom the information relates.

(3) Where it is not practicable to comply with subsection (2), the responsible officer shall mail a notice of disclosure to the last known address of the third party.

488 (1) A person who makes any request for access or for correction of personal information may ask for a review of any decision, act or failure to act of the responsible officer that relates to the request.

(2) A third party notified of a request for access may ask for a review of any decision made about the request by the responsible officer.

(3) A person who makes a request pursuant to this Part for access to a record or for correction of personal information may, within thirty days after the person is notified of the decision or within thirty days after the date of the act or failure to act, appeal directly to the Supreme Court of Nova Scotia as provided in this Part, if no third party has been notified or if a third party who has been notified consents to that appeal.

489 (1) A written request for a review shall be filed with a review officer

(a) within sixty days after the person asking for the review is notified of the decision;

(b) within sixty days after the date of the act or failure to act;

(c) by a third party, within twenty days after notice is given; or

(d) within a longer period allowed by the review officer.

(2) The failure of the responsible officer to respond in time to a request for access to a record is to be treated as a decision to refuse access to the record, but the time limit for filing a request for review does not apply.

490 (1) On receiving a request for a review, a review officer shall forthwith give a copy to

(a) the responsible officer concerned;

(b) an applicant, if the review was requested by a third party; and

(c) any other person that the review officer considers appropriate.

(2) A review officer may try to settle a matter under review through mediation.

(3) Where a review officer is unable to settle a matter within thirty days through mediation, the review officer shall conduct a review.

491 (1) A review officer may conduct a review in private.

(2) The following persons are entitled to make representations to a review officer in the course of a review:

(a) the person who applies for the review;

(b) a third party or applicant who is entitled to notice pursuant to this Part; and

(c) the responsible officer whose decision is the subject of the review.

(3) A review officer may decide

(a) whether the representations are to be made orally or in writing;

(b) whether a person is entitled to be present during a review or to have access to, or comment on, representations made to the review officer by any other person.

492 Notwithstanding another Act of the Legislature, or any privilege that is available at law, a review officer may, in a review,

(a) require to be produced and examine any record that is in the custody, or under the control, of the municipality named in the request made pursuant to this Part; and

(b) enter and inspect any premises occupied by the public body.

493 (1) On completing a review, a review officer shall

(a) prepare a written report setting out the review officer's recommendations with respect to the matter and the reasons for those recommendations; and

(b) send a copy of the report to the responsible officer, and where the matter was referred to the review officer by

(2) In the report, the review officer may make any recommendations with respect to the matter under review that the review officer considers appropriate.

494 (1) Within thirty days after receiving a report of a review officer, the responsible officer shall

(a) make a decision to follow the recommendation of the review officer or any other decision that the responsible officer considers appropriate; and

(b) give written notice of the decision to the review officer and the persons who were sent a copy of the report.

(2) Where the responsible officer does not follow the recommendation of the review officer, the responsible officer shall, in writing, inform the persons who were sent a copy of the report of the right to appeal the decision to the Supreme Court of Nova Scotia within thirty days of making the decision.

(3) Where the responsible officer does not give notice within the time required, the responsible officer is deemed to have refused to follow the recommendation of the review officer.

495 (1) Within thirty days after receiving a decision of the responsible officer that does not follow the recommendation of the review officer, an applicant or a third party may appeal that decision to the Supreme Court of Nova Scotia.

(2) The responsible officer who has refused a request for access to a record, or part of a record, shall, immediately on receipt of a notice of appeal by an applicant, give written notice of the appeal to any third party that the responsible officer

(a) has notified pursuant to this Part; or

(b) would have notified pursuant to this Part if the responsible officer had intended to give access to the record, or part of the record.

(3) The responsible officer who has granted a request for access to a record or part of a record shall, immediately on receipt of a notice of appeal by a third party, give written notice of the appeal to the applicant.

(4) An applicant or a third party who has been given notice of an appeal may appear as a party to the appeal.

(5) The review officer is not a party to an appeal.

496 (1) On an appeal, the Supreme Court of Nova Scotia may

(a) determine the matter de novo; and

(b) examine any record in camera in order to determine on the merits whether the information in the record may be withheld pursuant to this Part.

(2) Notwithstanding any other Part or any privilege that is available at law, the Supreme Court of Nova Scotia may, on an appeal, examine any record in the custody or under the control of a municipality, and no information shall be withheld from the Court on any grounds.

(3) The Supreme Court of Nova Scotia shall take every reasonable precaution, including, where appropriate, receiving representations ex parte and conducting hearings in camera, to avoid disclosure by the Court or any person of any information

(a) or other material, if the nature of the information or material could justify a refusal by a responsible officer to give access to a record or part of a record; or

(b) as to whether a record exists, if the responsible officer, in refusing to give access, does not indicate whether the record exists.

(4) The Supreme Court of Nova Scotia may disclose to the Minister of Justice or the Attorney General of Canada information that may relate to the commission of an offence pursuant to another enactment by an officer or employee of a municipality.

(5) Where the responsible officer has refused to give access to a record or part of it, the Supreme Court of Nova Scotia, if it determines that the responsible officer is not authorized to refuse to give access to the record, or part of it, shall

(a) order the responsible officer to give the applicant access to the record, or part of it, subject to any conditions that the Court considers appropriate; or

(b) make any other order that the Court considers appropriate.

(6) Where the Supreme Court of Nova Scotia finds that a record falls within an exemption, the Court shall not order the responsible officer to give the applicant access to the record, regardless of whether the exemption requires, or merely authorizes, the responsible officer to refuse to give access to the record.

497 Any right or power conferred on an individual by this Part may be exercised

(a) where the individual is deceased, by the individual's representative, if the exercise of the right or power relates to the administration of the individual's estate;

(b) where a personal guardian or property guardian has been appointed for the individual, by the guardian, if the exercise of the right or power relates to the powers and duties of the guardian;

(c) where a power of attorney has been granted, by the attorney if the exercise of the right or power relates to the powers and duties of the attorney conferred by the power of attorney;

(d) where the individual is less than the age of majority, by the individual's legal custodian in situations where, in the opinion of the responsible officer, the exercise of the right or power would not constitute an unreasonable invasion of the privacy of the individual; or

(e) by a person with written authorization from the individual to act on the individual's behalf.

498 (1) The responsible officer may delegate to one or more officers of the municipality a power granted to, or a duty vested in, the responsible officer.

(2) A delegation

(a) shall be in writing; and

(b) may contain any limitations, restrictions, conditions or requirements that the responsible officer considers necessary or advisable.

499 (1) At a review or appeal into a decision to refuse an applicant access to all or part of a record, the burden is on the responsible officer to prove that the applicant has no right of access to the record or part.

(2) Where the record or part that the applicant is refused access to contains personal information about a third party, the burden is on the applicant to prove that disclosure of the information would not be an unreasonable invasion of the third party's personal privacy.

(3) At a review or appeal into a decision to give an applicant access to all or part of a record containing information that relates to a third party

(a) in the case of personal information, the burden is on the applicant to prove that disclosure of the information would not be an unreasonable invasion of the third party's personal privacy; and

(b) in any other case, the burden is on the third party to prove that the applicant has no right of access to the record or part.

500 No action or other proceeding lies against the responsible officer or any person acting on behalf of, or under the direction of, the responsible officer for damages resulting from the

(a) disclosure in good faith of all, or part of, a record pursuant to this Part or any consequences of that disclosure; or

(b) failure to give any notice required pursuant to this Part, if reasonable care is taken to give the required notice.

501 (1) Every person who maliciously collects or discloses personal information in contravention of this Part or the regulations is guilty of an offence and liable, on summary conviction, to a penalty of not more than five thousand dollars or to imprisonment for six months, or both.

(2) Section 4 of the Summary Proceedings Act does not apply to this Part.

502 (1) The Governor in Council may make regulations

(a) prescribing procedures to be followed in taking, transferring and processing requests for access;

(b) prescribing or limiting fees to be paid pursuant to this Part;

(c) prescribing additional circumstances in which a responsible officer may waive the payment of all, or any part, of a prescribed fee;

(d) prescribing the categories of sites that are considered to have heritage or anthropological value;

(e) prescribing requirements to be met with respect to disclosures of information to law enforcement agencies or investigative bodies;

(f) prescribing the form and manner of a review pursuant to this Part;

(g) prescribing the form and manner of an appeal pursuant to this Part;

(h) prescribing any matter that is to be included in a notice that is required pursuant to this Part;

(i) prescribing forms for the purpose of this Part;

(j) prescribing any other matter or thing required or authorized by this Part or the Freedom of Information and Protection of Privacy Act to be prescribed in regulations;

(k) respecting the application, with respect to this Part, of regulations made pursuant to the Freedom of Information and Protection of Privacy Act;

(l) defining any word or expression used, but not defined, in this Part;

(m) enlarging or restricting the meaning of any word or expression defined in this Part;

(n) for any purpose contemplated by this Part;

(o) to carry out effectively the intent and purpose of this Part.

(2) The regulations made pursuant to the Freedom of Information and Protection of Privacy Act apply with respect to this Part with all necessary changes, unless the Governor in Council determines otherwise, by regulations made pursuant to subsection (1).

(3) A regulation may apply to all persons or bodies, or to a class of persons or bodies, to whom this Part applies and there may be different regulations for different classes of persons.

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

PART XXI

GENERAL

503 (1) Where a council, village commission, committee or community council or the engineer, the administrator or another employee of a municipality lawfully directs that anything be done and it is not done, the council, engineer, administrator or employee may cause it to be done at the expense of the person in default.

(2) No action shall be maintained against a municipality or any agent, servant or employee of the municipality for anything done pursuant to this Section.

(3) Where an inspection is required or conducted pursuant to a by-law or an enactment

(a) the inspector may enter in or upon land or premises at a reasonable time without a warrant;

(b) except in an emergency, the inspector shall not enter a room or place actually being used as a dwelling without the consent of the occupier, unless the entry is made in daylight hours and written notice of the time of the entry is given to the occupier at least twenty-four hours in advance;

(c) and where a person refuses to allow the inspector to exercise, or attempts to interfere or interferes with the inspector in the exercise of, a power granted pursuant to this Act, the inspector may apply to a judge of the Supreme Court of Nova Scotia for an order

(d) it is an offence to refuse access to an inspector or to interfere with an inspector in the exercise of a power granted pursuant to this Act.

504 (1) Where a municipality inspects buildings or other property pursuant to this Act or another enactment, the municipality and its officers and employees are not liable for a loss as a result of the manner or extent of an inspection or the frequency, infrequency or absence of an inspection, unless the municipality was requested to inspect at appropriate stages, and within a reasonable time, before the inspection was required, and either the municipality failed to inspect or the inspection was performed negligently.

(2) An inspection is not performed negligently unless it fails to disclose a deficiency or a defect that

(a) could reasonably be expected to be detected; and

(b) the municipality could have ordered corrected.

(3) Notwithstanding the Limitation of Actions Act or another statute, a municipality and its officers and employees are not liable for a loss as a result of an inspection or failure to inspect, if the claim is made more than six years after the date of the application for the permit in relation to which the inspection was required.

(4) If a municipality receives a certification or representation by an engineer, architect, surveyor or other person held out to have expertise respecting the thing being certified or represented, the municipality and its officers and employees are not liable for any loss or damage caused by the negligence of the person so certifying or representing.

505 (1) A person who

(a) violates a provision of this Act or of an order, regulation or by-law in force in accordance with this Act;

(b) fails to do anything required by an order, regulation or by-law in force in accordance with this Act;

(c) permits anything to be done in violation of this Act or of an order, regulation or by-law in force in accordance with this Act; or

(d) obstructs or hinders any person in the performance of their duties under this Act or under any order, regulation or by-law in force in accordance with this Act,

is guilty of an offence.

(2) Unless otherwise provided in a by-law, a person who commits an offence is liable, upon summary conviction, to a penalty of not less than one hundred dollars and not more than ten thousand dollars and in default of payment, to imprisonment for a term of not more than two months.

(3) Every day during which an offence pursuant to subsection (1) continues is a separate offence.

506 A person who removes, defaces or makes illegible a notice or order posted pursuant to this Act is guilty of an offence and is liable, on summary conviction, to a penalty of not less than five thousand dollars and in default of payment, to imprisonment for a period of not more than ninety days.

507 Where a council, village commission, committee or community council or the engineer, the administrator or another employee of a municipality lawfully causes work to be done pursuant to this Act, the cost of the work, with interest at the rate determined by the council, by policy, from the date of the completion of the work until the date of payment, is a first lien on the property upon which, or for the benefit of which, the work was done.

508 Where no penalty is specified for the violation of this Act, a person who contravenes the provision is guilty of an offence and 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 ninety days.

509 A notice required pursuant to this Act may be served on a person or body by mailing it by registered mail to that person at the latest address shown on the assessment roll.

510 Where notice is authorized or required to be served on a municipality or village, service on the clerk is sufficient service.

511 An action brought by or against a municipality or village shall be brought by or against it in its corporate name.

512 (1) For the purpose of the Limitation of Actions Act, the limitation period for an action or proceeding against a municipality or village, the council, a council member, a village commissioner, an officer or employee of a municipality or village or against any person acting under the authority of any of them, is twelve months.

(2) Subsection (1) applies, with all necessary changes, to a service commission and a board, commission, authority, agency or corporation of a municipality or a board, commission, authority, agency or corporation jointly owned or established by municipalities or villages.

513 (1) A municipality or village, and its officers and employees, are not liable for

(a) failure to provide a service or the manner in which a service is provided, whether the municipality or village is required by law to provide the service or not, unless the municipality or village fails to meet a standard of care to be determined having regard to financial, economic, personnel, social, political and other factors or constraints in the circumstances, including whether the service is a volunteer or partly volunteer service;

(b) a loss as the result of rain, hail, snow, ice, sleet or slush on roads or sidewalks, unless the municipality or village is grossly negligent;

(c) failure to maintain a public place, that is subject to the direction, control and management of the municipality or village, in a reasonable state of repair, unless the municipality or village has actual or constructive notice of the state of disrepair and fails to take steps to remedy or otherwise deal with the state of disrepair within a reasonable time;

(d) failure to enforce a by-law, unless the decision not to enforce the by-law is not made in good faith.

(2) Where an overflow of water from a sewer, drain, ditch or watercourse is a consequence of snow, ice or rain, a municipality or village is not liable for a loss as a result of the overflow.

514 A municipality or village, and its officers and employees, are not liable for damages caused

(a) directly or indirectly, by

unless the damages are shown to be caused by the negligence of the municipality or village or its officers or employees;

(b) by the discharge of sewage or water into premises from a municipal sewer unless the discharge was caused by the improper construction, or neglect in the maintenance of, the sewer; or

(c) in any case, where this Act or the by-laws of the municipality or village have not been complied with by an owner or previous owner of the property.

515 (1) Where a municipality or village operates a utility or provides a service, it is not liable for a loss as a result of the breakage of a pipe, conduit, pole, wire, cable or a part of the utility or service or the discontinuance or interruption of a service or connection by reason of

(a) accident;

(b) disconnection for non-payment or non-compliance with a term or condition of service; or

(c) necessity to repair or replace a part of the utility or service.

(2) A municipality or village is not liable for nuisance as a result of the construction or operation of a work, if the nuisance could not be avoided by any other practically feasible method of carrying out the work.

516 Where a municipality or village is found liable for damages as a result of the unsafe condition of a street or sidewalk, or of a nuisance or encumbrance on it, the municipality or village has a right of indemnity for all such damages, and for costs and expenses incurred in connection therewith, against any person whose act or omission caused the street or sidewalk to be unsafe or caused the nuisance or encumbrance.

517 (1) Where a municipality is found liable for damages as a result of the unsafe condition of a 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) Subsection (1) does not apply to a street, bridge or sidewalk

(a) reconstructed or substantially rebuilt or repaired by the municipality; or

(b) after ten years from the date on which it was transferred to the municipality.

518 The Minister shall consult with the executive of the Union of Nova Scotia Municipalities respecting any proposed amendment to this Act.

519 (1) The Minister shall notify the Union of Nova Scotia Municipalities at least one year prior to the effective date of any legislation, regulation or administrative action undertaken by or on behalf of the Government of the Province that would have the effect of decreasing the revenue received by municipalities in Nova Scotia or increasing the required expenditures of municipalities in Nova Scotia.

(2) Subsection (1) does not apply with respect to any legislation, regulation or administrative action applying to the Province generally and not mainly to municipalities.

520 (1) The Minister may make regulations

(a) defining any term used, but not defined, in this Act;

(b) prescribing forms and procedures for the purpose of this Act;

(c) altering forms set out in this Act;

(d) the effective administration of this Act; and

(e) the collection, standardization, maintenance and sharing of information related to the subdivision and development of land.

(2) The exercise by the Minister of the authority contained in subsection (1) is regulations within the meaning of the Regulations Act.

PART XXII

HALIFAX REGIONAL MUNICIPALITY

521 (1) The council of the Halifax Regional Municipality may, by policy, establish a community council for an area.

(2) A policy establishing a community council shall define the boundaries of the community and the community shall include the whole, or part of, at least three wards or polling districts.

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

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

522 The powers and duties of a community council include

(a) monitoring the provision of services to the community and recommending 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 subcommittees;

(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 including, but not limited to, recommendations respecting

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

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

(2) The chair shall be elected at the first meeting of the community council after the members are elected.

(3) Subject to any policy adopted by the council, 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 the clerk.

524 (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) Except as otherwise provided in this Section, all meetings of a community council shall be open to the public.

(3) A community council may meet privately to discuss matters relating to

(a) acquisition, sale, lease and security of municipal property;

(b) personnel matters;

(c) litigation or potential litigation;

(d) legal advice eligible for solicitor-client privilege;

(e) public security.

(4) No decision shall be made at a private community council meeting except a decision concerning procedural matters or to give direction to staff of the municipality.

(5) A record which is open to the public shall be made, noting the fact that the community council met in private and the date, but no other information.

525 (1) The chief administrative officer of the municipality shall appoint an employee of the 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.

526 (1) This Section applies to a community council if the council so provides in the policy establishing the community council.

(2) A community council may determine expenditures, to be financed by area rate, that should be made in, or for the benefit of, the community.

(3) Except in the first year that it is established, a community council shall 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 municipality will be required to borrow money and will charge back all or part of the debt charges to the community.

(4) The council shall levy an area rate in the community 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 are 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 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 might occur in collecting any amounts which 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.

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

(6) A community council may determine upon what money contained in the budget approved by the council is spent, if the sum of all expenditures does not exceed the sum so approved.

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

(8) A community council may not expend funds with respect to a capital project that cannot be paid for in full out of the area rate, unless the project has been approved by the council.

(9) A community council shall not, in any fiscal year, incur or make expenditures that will result in a total expenditure in excess of its budget for that year.

527 (1) This Section applies to a community council, if the council so provides in the policy establishing the community council.

(2) A community council may appoint a planning advisory committee for the community and Part VIII applies with all necessary changes.

(3) A community council may amend the land-use by-law of the municipality applicable to the community with respect to any property in the community, if the amendment carries out the intent of any municipal planning strategy of the municipality applicable to the property and in doing so, the community council stands in the place and stead of the council and Part VIII applies with all necessary changes.

(4) A community council stands in the place and stead of the council with respect to minor variances and site-plan approvals and Part VIII applies with all necessary changes.

528 (1) This Section applies to a community council, if the council so provides in the policy establishing the community council.

(2) Where a municipal planning strategy of the municipality provides for development by agreement, the community council stands in the place and stead of the council and Part VIII applies with all necessary changes.

(3) A development agreement, or amendment to a development agreement, entered into by a community council shall be signed by the mayor and the clerk on behalf of the municipality.

(4) Where a development agreement entered into by a community council purports to commit the municipality to an expenditure, the commitment has no force or effect until approved by the council of the municipality.

529 (1) In this Section, "Dartmouth common" means the common of Dartmouth so far as it was vested in the City of Dartmouth on April 22, 1986.

(2) The Halifax Regional Municipality shall not sell, lease or otherwise alienate the Dartmouth common.

(3) Subject to subsection (4), person shall build on the Dartmouth common.

(4) A person may build an addition to a building located on the lands described in the Schedule to Chapter 68 of the Acts of 1986, the Dartmouth Common Act, if the building and the addition are both totally located on those lands.

530 (1) The council of the Halifax Regional Municipality shall provide to the Halifax Regional School Board at least the amount of additional funding that was provided to the Halifax District School Board in the fiscal year beginning April 1, 1995, to be used solely for the benefit of the area that was formerly the City of Halifax.

(2) The guaranteed amount payable pursuant to subsection (1) shall be recovered by area rate levied on the assessed value of the taxable property and business occupancy assessments in the area that was formerly the City of Halifax.

(3) The council of the Halifax Regional Municipality shall provide to the Halifax Regional School Board at least the amount of additional funding that was provided to the Dartmouth District School Board in the fiscal year beginning April 1, 1995, to be used solely for the benefit of the area that was formerly the City of Dartmouth.

(4) The guaranteed amount payable pursuant to subsection (3) shall be recovered by area rate levied on the assessed value of the taxable property and business occupancy assessments in the area that was formerly the City of Dartmouth.

(5) Subject to subsection (6), the amounts guaranteed pursuant to subsections (1) and (3) may not be decreased by more than ten per cent of the amounts specified in subsections (1) and (3), respectively, in any year, beginning in the fiscal year commencing April 1, 1996.

(6) The council of the Halifax Regional Municipality and the Halifax Regional School Board may agree to reduce the amount of the guarantees at a faster rate than is permitted pursuant to subsection (5).

(7) Funding provided pursuant to this Section is in addition to funding provided pursuant to the Education Act.

531 Notwithstanding any enactment, the council of the Halifax Regional Municipality may, by by-law, to the extent and under the conditions set out in the by-law, exempt The Directors of The Atlantic Winter Fair, a body corporate incorporated by Chapter 76 of the Acts of 1963, An Act to Incorporate The Directors of The Atlantic Winter Fair, from all rates and taxes.

532 (1) The provisions of Parts VIII and IX and the municipal planning strategies, land-use by-laws and subdivision by-laws in force in the Halifax Regional Municipality do not apply to the development, establishment, siting, operation or use of a site acquired in Halifax Regional Municipality as a solid-waste landfill site or to the subdivision of land in connection therewith.

(2) Where the solid-waste landfill is sited outside the bounds of Halifax Regional Municipality, Parts VIII and IX and the municipal planning strategies, land-use by-laws and subdivision by-laws in force in the host municipality apply.

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This page and its contents published by the Office of the Legislative Counsel, Nova Scotia House of Assembly, and © 1998 Crown in right of Nova Scotia. Updated December 15, 1998. Send comments to legc.office@gov.ns.ca.