Municipal Government Act (amended) and Halifax Regional Municipality Charter (amended)

BILL NO. 86

(as introduced)

3rd Session, 62nd General Assembly
Nova Scotia
66 Elizabeth II, 2017

Private Member's Bill

Municipal Government Act (amended)
and
Halifax Regional Municipality Charter (amended)

Stephen Gough
Sackville–Beaver Bank

First Reading: April 26, 2017

(Explanatory Notes)

Second Reading:

Third Reading:

Explanatory Notes

Clause 1 amends the Municipal Government Act to require municipalities' subdivision by-laws to include a requirement for the transfer of land to provide public access to an ocean, river or lake that is at present optional for municipalities.

Clause 2 amends the Halifax Regional Municipality Charter to require the Municipality's subdivision by-laws to include a requirement for the transfer of land to provide public access to an ocean, river or lake that is at present optional for the Municipality.

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

Be it enacted by the Governor and Assembly as follows:

1 (1) Subsection 271(2) of Chapter 18 of the Acts of 1998, the Municipal Government Act, is amended by adding immediately after clause (a) the following clause:

(aa) where the land being subdivided has frontage on the ocean, a river or a lake, a requirement for the transfer to the municipality of useable land with frontage on the ocean, river or lake or land to provide public access to the ocean, river or lake;

(2) Clause 271(3)(h) of Chapter 18, as amended by Chapter 9 of the Acts of 2003, is further amended by

(a) striking out "and a requirement that, if the land being subdivided has frontage on the ocean, a river or a lake, the land transferred include land with frontage on the ocean, river or lake or land to provide public access to the ocean, river or lake," in the fourth line; and

(b) adding "in combination with land transferred pursuant to clause 271(2)(aa)" immediately after "transferred" in the fourth line.

2 (1) Subsection 281(2) of Chapter 39 of the Acts of 2008, the Halifax Regional Municipality Charter, is amended by adding immediately after clause (a) the following clause:

(aa) where the land being subdivided has frontage on the ocean, a river or a lake, a requirement for the transfer to the Municipality of useable land with frontage on the ocean, river or lake or land to provide public access to the ocean, river or lake;

(2) Clause 281(3)(h) of Chapter 39 is amended by

(a) striking out "and a requirement that, where the land being subdivided has frontage on the ocean, a river or a lake, the land transferred include land with frontage on the ocean, river or lake or land to provide public access to the ocean, river or lake," in the third to sixth lines; and

(b) adding "in combination with land transferred pursuant to clause 281(2)(aa)" immediately after "transferred" in the seventh line.

This page and its contents published by the Office of the Legislative Counsel, Nova Scotia House of Assembly, and © 2017 Crown in right of Nova Scotia. Created April 26, 2017. Send comments to legc.office@novascotia.ca.

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