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regional municipality is incorporated that includes the county or district municipality.

(6) The boundaries of a town continue as they were on July 1, 1996, or in a subsequent order incorporating the town, unless altered by the Board pursuant to this Act or a regional municipality is incorporated that includes the town.

(7) The boundaries, names and numbers of the polling districts in a municipality continue to be as they were on July 1, 1996, unless altered by the Board pursuant to this Act.

355 All docks, quays, wharves, slips, breakwaters and other structures connected with the shore of any part of a municipality are within the boundaries of the municipality.

356 (1) Upon application by a municipality, a village or the Minister, the Board may determine an uncertain boundary line, including a county boundary.

(2) An application shall

(a) set out the nature and cause of the uncertainty;

(b) include the proposed determination;

(c) list the steps taken to obtain agreement from adjacent municipalities, and whether all affected municipalities have agreed to the proposed determination;

(d) include the particulars of the evidence known respecting the existence and location of the boundary.

(3) The Board shall ensure that a copy of the application is provided to the Minister and to any municipality adjacent to the uncertain boundary line.

(4) An order of the Board determining an uncertain boundary line

(a) may establish the boundary line by metes and bounds description, by map, or both;

(b) is a regulation pursuant to the Regulations Act; and

(c) is binding on all municipalities notified of the application.

357 Where two or more municipalities or a municipality and a village agree to a change in, or settlement of, a mutual boundary, the Board may confirm the change or settlement without a hearing if

(a) the agreed change or settlement is advertised in a newspaper circulating in the affected municipalities, as directed by the Board;

(b) the advertisement invites objectors to advise the Board of their objections;

(c) proof of the advertising has been provided to the Board; and

(d) no objections are received by the Board within thirty days after the first advertisement.

358 Municipalities may be amalgamated or the whole or part of a municipality may be annexed to another upon application to the Board by

(a) the Minister;

(b) a municipality; or

(c) the greater of ten percent or one hundred of the electors in the area proposed to be amalgamated or annexed.

359 (1) An applicant for amalgamation or annexation shall apply for a preliminary order.

(2) The application for a preliminary order shall include

(a) the boundaries of the area proposed to be amalgamated or annexed sufficient to identify the area;

(b) an estimate of the population of the area proposed to be amalgamated or annexed;

(c) the total assessed value of taxable property and occupancy assessments in the area proposed to be amalgamated or annexed;

(d) where the area is or contains a village, the audited financial statements of the village for the fiscal year immediately preceding the year in which the application is made;

(e) a brief statement of the reasons for the application; and

(f) such other matters as the applicant considers relevant to the application.

(3) The applicant shall serve a copy of the application for a preliminary order on the clerk of any municipality that would be affected by the annexation or amalgamation if granted, on the Minister, and on such others as the Board directs.

360 (1) Upon the Board setting the date for a hearing of the application for a preliminary order, the Board shall, at the expense of the applicant, advertise the hearing in a newspaper circulating in the area to be amalgamated or annexed, including the date by which any person wishing to be heard must notify the Board.

(2) Any interested person may appear and be heard at the hearing for a preliminary order by notifying the Board at least one week before the date fixed for the hearing.

361 At the hearing of the application for a preliminary order the Board shall hear

(a) the applicant;

(b) a representative of any municipality that would be affected by the amalgamation or annexation if granted;

(c) the Minister; and

(d) any person who has previously notified the Board.

362 (1) After the application is heard, the Board may make a preliminary order, indicating

(a) suggested boundaries of the area proposed to be amalgamated or annexed;

(b) studies to be undertaken into the financial implications of amalgamation or annexation for the area, for the Province and for any municipality that would be affected;

(c) such other studies as may appear to the Board to be relevant to a decision on the necessity or expediency of the amalgamation or annexation; and

(d) any other evidence that the Board may direct be provided during the hearing of the application.

(2) Where the Board determines that there are no reasonable grounds for the application or there is no reasonable possibility that the application would be granted, the Board may dismiss the application.

(3) The cost of any studies required by the Board shall be borne by the parties as directed by the Board.

(4) Where any required studies are not completed within the time provided in the preliminary order, the Board may

(a) extend the time for completing the studies;

(b) proceed with the application without the studies;

(c) have the studies carried out or completed at the expense of the party responsible for them; or

(d) dismiss the application.

(5) The preliminary order shall set a date for the hearing of the application.

363 (1) After the application has been heard, the Board may, if satisfied that the order is in the best interests of the inhabitants of the area, taking into account the financial and social implications of the order applied for, order an amalgamation or annexation upon such terms as it considers advisable.

(2) The order of the Board for an amalgamation or an annexation shall

(a) fix the effective date of the amalgamation or annexation;

(b) make provision for any necessary revision of polling districts;

(c) make provision for any election that the Board considers necessary including setting the dates for nomination day and ordinary polling day for the election and providing for returning officers and the conduct of the election;

(d) direct the Director of Assessment to make any necessary adjustment in the assessment roll applicable to the area;

(e) provide for any other matter that is necessary or desirable to effect the amalgamation or annexation; and

(f) from time to time make such determinations, issue such orders and directions and do, or cause to be done, all such other matters and things as, in the opinion of the Board, are necessary or incidental to the annexation or amalgamation.

(3) An order of the Board may

(a) adjust assets and liabilities among those affected by the order as the Board considers fair;

(b) annex, amalgamate, continue or dissolve boards, commissions, villages and service commissions and allocate their assets as the Board considers fair; and

(c) require compensating grants for a period of not more than five years from a benefiting municipality to a municipality that loses assessment as a result of an order.

(4) The Board may make an interim order and reserve further directions.

(5) The Board may make an order granting the whole or part of an application, and may grant such further or other relief as the Board considers proper.

(6) Where the Board considers that, as a result of an annexation it is desirable to annex the whole or part of the municipality remaining after the order to some other municipality, the Board after such notice and hearing as it considers desirable may order the annexation.

(7) A copy of an order for an amalgamation or an annexation shall be published in the Royal Gazette as a regulation, and shall be filed and advertised as directed by the Board.

364 Unless the Board otherwise orders, where an area is annexed to another municipality, any councillor holding office at the time of the annexation continues to hold office until the next regular municipal election, notwithstanding that the councillor's polling district has ceased to be part of the municipality.

365 Unless the Board otherwise orders, when an area is annexed to a town, any village or service commission having authority in the area annexed to the town is dissolved and its assets and liabilities are vested in the town.

366 (1) When municipalities are amalgamated, the policies and by-laws in effect in each continue in force in the area of each former municipality until repealed by the council.

(2) When an area is annexed to another municipality, the policies and by-laws in the annexing municipality apply to the area except for the municipal planning strategy and land-use and subdivision by-laws, which remain in force in the annexed area until repealed by the council of the annexing municipality.

367 (1) Unless the Board otherwise orders

(a) the real property of a municipality situate in an area annexed to another municipality is vested in the annexing municipality;

(b) taxes imposed with respect to the ownership or occupation of property in an area annexed to another municipality and unpaid at the date of an annexation belong to the annexing municipality and may be collected as if they had been imposed by the annexing municipality;

(c) where the whole of a municipality is annexed to a municipality or municipalities are amalgamated, all of the assets and liabilities of the annexed or former municipalities are vested in the annexing or amalgamated municipality, and the annexing or amalgamated municipality stands in the place and stead of the annexed or former municipalities.

(2) The annexing or amalgamated municipality has the same rights with respect to the collection of taxes imposed by the annexed or former municipalities as if the taxes had been imposed by the annexing or amalgamated municipality.

368 (1) Upon application, the Board may, by order

(a) divide or redivide a municipality into polling districts;

(b) amend the boundaries of any polling district;

(c) dissolve polling districts;

(d) determine that a town be divided into polling districts or cease to be divided into polling districts;

(e) determine the number of councillors for a municipality; and

(f) determine the date upon which the order takes effect.

(2) An application may be made by

(a) the Minister;

(b) a municipality; or

(c) at least fifty electors of a municipality.

(3) The Board may make an order granting the whole or part of an application, and may grant such further or other relief as the Board considers proper.

(4) In determining the number and boundaries of polling districts the Board shall consider number of electors, relative parity of voting power, population density, community of interest and geographic size.

(5) In determining the number of councillors for a town, the Board shall consider the population and geographic size of the town.

369 (1) In the year 1999, and in the years 2006 and every eighth year thereafter the council shall conduct a study of the number and boundaries of polling districts in the municipality, their fairness and reasonableness and the number of councillors.

(2) After the study is completed, and before the end of the year in which the study was conducted, the council shall apply to the Board to confirm or to alter the number and boundaries of polling districts and the number of councillors.

370 Unless the Board otherwise orders, where boundaries of polling districts are revised, any councillor holding office at the time of the revision continues to hold office until the next regular municipal election.

PART XVII

MUNICIPAL INCORPORATION

371 In this Part,

(a) "plebiscite" means a vote of the residents of the municipalities that are affected;

(b) "study" means a review conducted by or under the control of the Board, with input from the residents of the municipalities that are affected.

372 (1) The Board may, if requested by all of the councils of the municipalities 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 otherwise prepared; and

(b) a plebiscite has taken place and its results show that a majority of the residents who voted in the plebiscite are in favour of the establishment of a regional municipality 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) Sections 373 to 382 of this Part apply to a county for which a regional municipality is established from 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, which shall be April 1 in the year determined by the Governor in Council;

(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, which shall be at least twenty weeks before the incorporation date;

(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, that election shall not be held and the term of office of the members of the councils of the municipalities is extended to the incorporation date of the regional municipality.

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

373 (1) Subject to subsection (2), the Governor in Council shall appoint a person to be the coordinator of the regional municipality.

(2) The Governor in Council shall appoint as the coordinator a person approved by a majority of the councils of the municipalities in the county.

(3) Between the date the new council takes office and the incorporation date, the council shall exercise the powers of the coordinator and the coordinator has no further authority.

374 (1) The coordinator is responsible for designing and implementing the administrative structure of the regional municipality.

(2) The coordinator shall appoint the chief administrative officer and, on the recommendation of the chief administrative officer, the heads of departments.

(3) The new council shall ratify the appointment of the chief administrative officer as soon as practicable after the incorporation.

(4) The chief administrative officer, in consultation with the coordinator, 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.

(5) 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.

(6) Subsection (5) does not apply to the appointment of the chief administrative officer.

(7) On or before the incorporation date, the coordinator shall establish a pension plan in accordance with the Pension Benefits Act to replace any pension plan established by a municipal government.

(8) The coordinator has all of the powers of the council and of the board of police commissioners.

(9) The coordinator 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.

(10) The coordinator may, with the approval of the Minister, borrow such sums as may be required for the purposes of this Part, and the sums borrowed shall be repaid by the regional municipality in not more than ten annual installments, as determined by the council.

(11) All acts of the coordinator 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 coordinator upon request, and furnish all information and perform all acts requested by the coordinator.

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

375 (1) The coordinator 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 coordinator may abridge any time period contained therein.

(3) The coordinator 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 municipality is eligible to be elected to the council.

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

(6) Each council member is entitled to remuneration from the regional municipality from the date that member takes office, except that no member of the council of a municipality who is elected to the council may receive remuneration from the municipality 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 council members, unless otherwise prescribed by the Governor in Council.

(8) A member of a school board is not eligible to be nominated or to serve as a council member, if that member would be a member of the school board and a council member at the same time.

376 (1) Between the date of the order providing for the incorporation of a regional municipality and the incorporation date, a municipal government shall not

(a) 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;

(b) enter into any lease, contract or other commitment that has effect after, or a term extending beyond, the incorporation date; or

(c) dispose of a capital asset,

unless the coordinator has so approved.

(2) Between the date of the order providing for the incorporation of a regional municipality and the incorporation date, a municipal government shall not expend any funds from an operating or capital reserve fund, and after the incorporation date the council shall apply any reserve funds of a municipal government for the benefit of the residents of the area of the former municipal government.

(3) Between the date of the order providing for the incorporation of a regional municipality and the incorporation date, a municipal government shall not provide early retirement, pre-retirement, termination or severance benefits for any employee.

377 (1) The regional municipality may provide early retirement, pre-retirement, termination or severance benefits for any employee of a municipal government who is not employed by the regional municipality.

(2) 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.

(3) 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 ten annual installments, as determined by the council.

378 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.

379 (1) Upon the incorporation of a regional municipality, the municipal governments in the area to be incorporated as a regional municipality 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 in the area to be incorporated as a regional municipality and every joint authority, board, commission, committee or other joint entity involving a municipal government in the area to be incorporated as a regional municipality 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 an 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.

(7) The regional municipality may transfer, free of cost, property of a village that is dissolved pursuant to subsection (1) to a body incorporated to provide community services in the area served by the dissolved village.

380 (1) In this Section, "employee" means an employee as defined in Section 2 of the Trade Union Act, excluding those described in subsection 2(2) of that Act.

(2) The 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.

(3) Where the Labour Relations Board, in applying subsections (1) and (2), determines that those employees 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 is 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 is deemed to have seniority credits with the regional municipality equal to the employee's service with that municipal government.

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

381 (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.

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

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

(3) The by-laws, orders, policies 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 to the extent that they are authorized by this or another Act, until amended or repealed by the council of the regional municipality.

383 (1) A town may be incorporated upon application to the Board.

(2) An application for incorporation may be made by one hundred electors of the area proposed to be incorporated as a town.

384 (1) An applicant for incorporation shall apply for a preliminary order.

(2) The application for a preliminary order shall include

(a) the boundaries of the town proposed to be incorporated sufficient to identify the area;

(b) an estimate of the population of the town proposed to be incorporated;

(c) the total assessed value of taxable property and occupancy assessments in the town proposed to be incorporated;

(d) where the area is or contains a village, the audited financial statements of the village for the fiscal year immediately preceding the year in which the application is made;

(e) a brief statement of the reasons for the application; and

(f) such other matters as the applicant considers relevant to the application.

(3) The applicant shall serve a copy of the application for a preliminary order on the clerk of the county or district municipality from which the town would be incorporated, on the Minister, and on such others as the Board directs.

385 (1) Upon the Board setting the date for a hearing of the application for a preliminary order, the Board shall, at the expense of the applicant, advertise the hearing in a newspaper circulating in the area in which the town would be incorporated, including the date by which any person wishing to be heard must notify the Board.

(2) Any interested person may appear and be heard at the hearing for a preliminary order by notifying the Board at least one week before the date fixed for the hearing.

386 At the hearing of the application for a preliminary order the Board shall hear

(a) the applicant;

(b) a representative of the county or district municipality from which the town would be incorporated;

(c) the Minister; and

(d) any person who has previously notified the Board.

387 (1) After the application has been heard, the Board may make a preliminary order, indicating

(a) suggested boundaries of the area proposed to be incorporated;

(b) studies to be undertaken into the financial implications of incorporation for the area proposed to be incorporated, the Province and the municipality from which the town would be incorporated;

(c) such other studies as may appear to the Board to be relevant to a decision on the necessity or expediency of the incorporation; and

(d) any other evidence that the Board may direct be provided during the hearing of the application.

(2) Where the Board determines that there are no reasonable grounds for the application or there is no reasonable possibility that the application would be granted, the Board may dismiss the application.

(3) The cost of any studies required by the Board shall be borne by the parties as directed by the Board.

(4) Where any required studies are not completed within the time provided in the preliminary order, the Board may

(a) extend the time for completing the studies;

(b) proceed with the application without the studies;

(c) have the studies carried out or completed at the expense of the party responsible for them; or

(d) dismiss the application.

(5) The preliminary order shall set a date for the hearing of the application.

388 (1) After the application has been heard, the Board may, if satisfied that the order is in the best interests of the inhabitants of the area taking into account the financial and social implications of the order applied for, incorporate the area as a town upon such terms as it considers advisable.

(2) The order of the Board incorporating a town shall

(a) name the town;

(b) define the boundaries of the town;

(c) fix the effective date of the incorporation;

(d) determine the number of councillors;

(e) determine whether the town will be divided into wards and, if so, establish ward boundaries;

(f) set the dates for nomination day and ordinary polling day for the first election of the mayor and councillors;

(g) provide for returning officers and the conduct of the first election;

(h) set the date the council takes office;

(i) direct the Director of Assessment to make any necessary adjustment in the assessment roll applicable to the area;

(j) provide for any other matter that is necessary or desirable to effect the incorporation of the town; and

(k) from time to time make such determinations, issue such orders and directions, and do or cause to be done all such other matters and things as, in the opinion of the Board, are necessary or incidental to incorporation of the town.

(3) An order of the Board may

(a) adjust assets and liabilities among those affected by the order as the Board considers fair;

(b) annex, amalgamate, continue or dissolve boards, commissions, villages and service commissions and allocate their assets as the Board considers fair.

(4) The Board may make an interim order and reserve further directions.

389 (1) An order of the Board incorporating a town is conclusive evidence that the town has been duly incorporated.

(2) A copy of an order incorporating a town shall be published in the Royal Gazette as a regulation, and shall be filed and advertised as directed by the Board.

390 A town may not be incorporated in a regional municipality or in a town.

391 (1) When a town is incorporated, the area within its boundaries ceases to be part of the county or district municipality from which it was incorporated.

(2) Unless the Board otherwise orders, when a town is incorporated, a village or service commission having authority in the area incorporated as a town is dissolved and its assets and liabilities are vested in the town.

392 The by-laws of the county or district municipality from which a town is incorporated continue in force in the town for two years after the date of incorporation unless earlier repealed by the council of the town or extended by order of the Minister on request by the town council for a further period of two years.

393 (1) Unless the Board otherwise orders, the real property of the county or district municipality situate in an area incorporated as a town is vested in the town.

(2) Unless the Board otherwise orders, taxes imposed with respect to the ownership or occupation of property in the area incorporated as a town and unpaid at the date of incorporation belong to the town and may be collected as if they had been imposed by the town.

394 A town may be dissolved upon application to the Board by

(a) the Minister;

(b) the council of the town; or

(c) ten per cent of the electors of the town.

395 (1) An applicant for dissolution shall apply for a preliminary order.

(2) The application for a preliminary order shall include

(a) the boundaries of the town proposed to be dissolved;

(b) an estimate of the population of the town;

(c) the total assessed value of taxable property and occupancy assessments in the town;

(d) the audited financial statements of the town for the fiscal year immediately preceding the year in which the application is made;

(e) a brief statement of the reasons for the application; and

(f) such other matters as the applicant considers relevant to the application.

(3) The applicant shall serve a copy of the application for a preliminary order on the clerk of the town, the clerk of the district municipality to which the town would revert if dissolved and on such others as the Board directs.

396 (1) Upon the Board setting the date for a hearing of the application for a preliminary order, the Board shall, at the expense of the applicant, advertise the hearing in a newspaper circulating in the town proposed to be dissolved, including the date by which any person wishing to be heard must notify the Board.

(2) Any interested person may appear and be heard at the hearing for a preliminary order by notifying the Board at least one week before the date fixed for the hearing.

397 At the hearing of the application for a preliminary order, the Board shall hear

(a) the applicant;

(b) a representative of the council of the town proposed to be dissolved;

(c) the Minister; and

(d) any person who has previously notified the Board.

398 (1) After the application has been heard, the Board may make a preliminary order, indicating

(a) studies to be undertaken into the financial implications of dissolution for the town, the Province and the municipality to which the town would revert if dissolved;

(b) such other studies as may appear to the Board to be relevant to a decision on the necessity or expediency of the dissolution; and

(c) any other evidence that the Board may direct be provided during the hearing of the application.

(2) Where the Board determines that there are no reasonable grounds for the application for dissolution or there is no reasonable possibility that the application would be granted, the Board may dismiss the application.

(3) The cost of any studies required by the Board shall be borne by the parties as directed by the Board.

(4) Where any required studies are not completed within the time provided in the preliminary order, the Board may

(a) extend the time for completing the studies;

(b) proceed with the application without the studies;

(c) have the studies carried out or completed at the expense of the party responsible for them; or

(d) dismiss the application.

(5) The preliminary order shall set a date for the hearing of the application for dissolution.

399 (1) After the application for dissolution is heard, the Board may dissolve the town upon such terms as it considers advisable.

(2) The order of the Board dissolving a town shall

(a) declare that the area comprising the town be dissolved and be annexed to, and form part of, another municipality or municipalities;

(b) set out the effective date of the dissolution;

(c) determine that the area be an additional polling district or shall form part of another polling district of the municipality to which it is annexed;

(d) determine whether the area should continue as a village and, if so, provide for all things necessary to convert the former town to a village;

(e) direct the Director of Assessment to make any necessary adjustment in the assessment roll applicable to the area;

(f) make such determinations, issue such orders and directions and do or cause to be done all such other matters and things as, in the opinion of the Board, are necessary or incidental to the carrying out of the dissolution of the town.

(3) An order of the Board may annex, amalgamate, continue or dissolve boards and commissions and allocate their assets as the Board considers fair.

(4) The Board may make an interim order and reserve further directions.

(5) Upon the effective date of the dissolution, the former town is deemed to have been annexed to a municipality, as provided in the order of the Board.

400 (1) Where an order of the Board results in the dissolved town being one additional polling district, until the next regular election of councillors, the mayor of the town dissolved is the councillor for the district.

(2) Where an order of the Board results in the dissolved town being more than one additional ward or polling district, a special election shall be conducted by the returning officer of the municipality to which the dissolved town has been annexed in accordance with the Municipal Elections Act.

(3) Where a town is dissolved, the list of electors for the town continues to be the list of electors for the polling district until a new list of electors is prepared pursuant to the Municipal Elections Act.

(4) When a town is dissolved, the policies and by-laws in effect continue in force in the area of the former town until repealed by the council or, to the extent it has jurisdiction, any village commission that may replace the former town council.

401 Where a town is dissolved

(a) the Governor in Council may assume liability for the payment of all or any part of any debt incurred by the town for streets in the town; and

(b) the Minister of Transportation and Public Works shall determine which of the streets in the town are municipal highways and shall advise the municipality to which the town has been annexed.

402 (1) Where a town is dissolved, the assets and liabilities of the town become assets and liabilities of the county or district municipality to which it reverts.

(2) The county or district municipality to which a dissolved town reverts stands in the place and stead of the town for all purposes and has the same powers to collect taxes due to the town as if the taxes had been imposed by it.

PART XVIII

VILLAGES

403 In this Part, "elector" means a person resident within the village entitled to vote at a municipal election, and who will have resided in the village for at least six months immediately prior to the village election.

404 The inhabitants of every village for which village commissioners were incorporated pursuant to the Village Services Act or to which that Act was declared to apply continue to be a body corporate under the name "Village of ........... " with the same boundaries, until altered by the Board pursuant to this Act.

405 A village is governed by a commission consisting of at least three commissioners and the number of commissioners, not exceeding five, shall be determined by the village by by-law.

406 (1) A village has perpetual succession and shall have a common seal.

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

(3) A deed or document to which a village is a party shall be authenticated by the seal of the village and the chair and the clerk shall, when duly authorized, sign the deed or document and affix the seal.

407 (1) No person is qualified to serve as a village commissioner unless the person is an elector.

(2) Every village commissioner shall take and subscribe the oath of office prescribed by the Municipal Elections Act in the manner prescribed by that Act before entering upon the duties of village commissioner.

(3) A village commissioner whose term of office has expired is eligible for reelection.

408 (1) The village commissioners shall, at their first meeting after an election, elect a chair and a vice-chair.

(2) The chair shall preside at all meetings of the village commission.

(3) The vice-chair shall act in the absence or inability of the chair or in the event of the office of chair being vacant.

(4) All meetings of the village commission are open to the public.

(5) Meetings of the village commission shall be held at the times and places specified in the by-laws.

(6) The vice-chair, when notified that the chair is absent or unable to fulfil the duties of chair, or that the office of chair is vacant, has all the power and authority, and shall perform all the duties, of the chair.

409 A village commissioner holds office for a term of three years.

410 (1) The village commission may, by by-law, provide for the nomination of candidates for election on a day preceding the day on which the election is to be held.

(2) Where a nomination day by-law is passed, nominations may only be made on the day provided for by the by-law.

411 (1) Where a vacancy occurs in the office of a village commissioner, within thirty days

(a) the remaining village commissioners shall call a special meeting of the electors of the village for the purpose of filling the vacancy, which shall be held in the same manner as elections held at an annual meeting; or

(b) an election shall be held in accordance with the nomination and election by-laws of the village.

(2) The person elected to fill a vacancy shall serve in office for the remainder of the term of the village commissioner whose office the person was elected to fill.

412 A village commissioner

(a) may resign from office at any time by delivering to the village clerk a signed declaration to that effect;

(b) who ceases to be ordinarily resident in the village, ceases to be qualified to serve as a village commissioner;

(c) who, without leave of the village commission, is absent from three consecutive regular meetings of the village commission, ceases to be qualified to serve as a village commissioner.

413 An annual public meeting of the electors of the village shall be held on or before the first day of July in each fiscal year.

414 (1) The chair of the village commission shall give notice of the time and place of the annual meeting of the electors by causing notices to be posted, in not less than five conspicuous places in the village, at least fourteen days before the date of the meeting.

(2) The village commission may advertise the annual meeting in a newspaper circulating in the village at least fourteen days before the meeting, in lieu of, or in addition to, posting notices.

415 (1) The chair of the village commission shall preside at the annual meeting.

(2) The village commission shall present a report of the proceedings of the preceding fiscal year and the audited financial statement at the annual meeting.

(3) The electors present at an annual meeting shall, after the presentation and disposal of the report of the village commission and of the financial statement, proceed to elect village commissioners.

(4) The chair shall appoint two electors to act as scrutineers.

(5) Where more than one village commissioner is to be elected at the same meeting, a separate ballot shall be taken for each commissioner.

(6) Where the village commission so provides by by-law, a single ballot may be taken for the election of more than one village commissioner.

416 (1) The village commission may provide by by-law for the village commissioners to be elected on a day within one week following the annual meeting.

(2) The by-law shall

(a) specify the day that the election is to be held;

(b) specify the hours that polling is to occur;

(c) provide for the appointment of two scrutineers; and

(d) provide for any matter or thing necessary to effectively conduct the election.

417 (1) Upon the completion of the voting, the clerk in the presence of each of the two scrutineers shall open the ballot box and examine the ballot papers and proceed to count the votes and shall declare the person or persons having the greatest number of votes elected.

(2) When there is a tie at an election of a village commissioner, the clerk shall determine the successful candidate by lot as prescribed by the Municipal Elections Act.

(3) After the votes are counted the village clerk shall make up a written statement containing the following particulars

(a) the number of votes polled;

(b) the names of the persons receiving votes and the number of votes received by each person.

(4) The statement shall be signed by the village clerk and filed with the minutes of the meeting.

418 (1) If, within three days after the election, any elector requests a recount of the votes cast at the election, the village clerk shall appoint a time within three days to recount the votes at the village office and shall, at the time and place appointed, in the presence of the chair of the village and the elector, proceed to recount the votes.

(2) The village clerk, as soon as the result of the poll is ascertained, shall declare to be elected the candidate or candidates having the highest number of votes, and in the event of a tie determine the successful candidate by lot as prescribed by the Municipal Elections Act.

419 (1) The village commission may convene a special meeting of the electors and shall give fourteen days notice of it by posting notices in conspicuous places in the village stating the time, place and purpose for which the meeting is convened.

(2) The village commission may advertise the meeting in a newspaper circulating in the village at least fourteen days before the meeting in lieu of, or in addition to, posting notices.

420 (1) The village commission shall appoint a village clerk and treasurer who shall be paid the salary granted by the village commission.

(2) The village clerk shall

(a) record all by-laws, resolutions, decisions and other proceedings of the village commission;

(b) if requested by any village commissioner, record the vote of every village commissioner voting on any matter;

(c) keep the books, records and accounts of the village;

(d) preserve and file all accounts, original and certified copies of the by-laws and of all minutes of proceedings of the village commission; and

(e) act as clerk at, and keep records of, all meetings of electors.

421 (1) The village commission may adopt a policy for the management and destruction of records.

(2) Records required to be kept by any enactment and minutes, by-laws, policies or resolutions of the village commission may not be destroyed.

(3) The village commission may, by policy, specify further classes of records that are not to be destroyed or that are to be kept for set periods.

(4) When a village record has been destroyed or when the original village record is not produced in court, any photographic, photostatic or electronic reproduction of the record is admissible in evidence to the same extent as the original could have been produced and is, in the absence of proof to the contrary, proof of the record, if the clerk certifies that the reproduction is part of the records of the village and that it is a true reproduction of the original.

422 The village commission may employ the persons necessary for the purposes of the village.

423 (1) The village commission may expend money required by the village for

(a) expenses of elections and plebiscites;

(b) premiums on any insurance policy for damage to property, personal injury or liability, including liability of members of the village commission or employees of the village and volunteer members of the fire departments and emergency services providers and volunteers in village programs;

(c) repayment of money borrowed by the village, the payment of interest on that money and payment of sinking funds;

(d) providing an emergency response system;

(e) snow and ice removal;

(f) procuring and providing for the village, or any part of it, a suitable system of fire protection or emergency services and may, for the purpose, purchase or otherwise acquire and equip maintain and repair apparatus, machinery, implements and plan for use in extinguishing fires or providing emergency services;

(g) equipping and maintaining fire departments or emergency services providers;

(h) honoraria and training expenses for volunteer firefighters and emergency services volunteers;

(i) providing school crossing guards;

(j) recreational programs;

(k) advertising the opportunities of the village for business, industrial and tourism purposes and encouraging tourist traffic, with power to make a grant to a nonprofit society for this purpose;

(l) lighting any part of the village;

(m) preventing or decreasing flooding;

(n) collecting, removing, managing and disposing of solid waste;

(o) salaries, remuneration and expenses of the village commissioners, officers and employees of the village;

(p) the reasonable expenses incurred by the village commissioners for attendance at meetings and conferences, if the permission of the village commission is obtained prior to the meeting or conference or if the attendance is in accordance with a resolution of the village commission;

(q) the contribution of the village to a pension or superannuation fund;

(r) payment to the Board of an assessment on a public utility owned or operated by the village, as determined by the Board;

(s) annual fees of municipal, village or professional associations;

(t) public libraries;

(u) lands and buildings required for any purpose of the village,

(v) furnishing and equipping any village facility;

(w) acquisition of equipment, materials, vehicles, machinery, apparatus, implements and plant for any village purpose;

(x) placing the wiring and other parts of a system for the supply or distribution of electricity, gas, steam or other source of energy, or a telecommunications system, underground;

(y) buildings for a medical centre to encourage medical doctors, dentists and other health professionals to locate in the village;

(z) a fire alarm system;

(aa) ponds, reservoirs, brooks, canals and other means of accumulating or directing the flow of water to be used in extinguishing fires;

(ab) playgrounds, trails, bicycle paths, swimming pools, ice arenas and other recreational facilities;

(ac) public grounds, squares, halls, museums, parks, tourist information centres and community centres;

(ad) wastewater facilities and stormwater systems;

(ae) water systems;

(af) solid-waste management facilities;

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This page and its contents published by the Office of the Legislative Counsel, Nova Scotia House of Assembly, and © 1999 Crown in right of Nova Scotia. Updated April 22, 1999. Send comments to legc.office@gov.ns.ca.