BILL NO. 51
(as introduced)
1st Session, 62nd General Assembly
Nova Scotia
63 Elizabeth II, 2014
Municipal Government Act
(amended)
The Honourable Mark Furey
Minister of Municipal Affairs
First Reading: April 14, 2014
Second Reading: April 22, 2014
Third Reading: April 29, 2014 (WITH COMMITTEE AMENDMENTS) (LINK TO BILL AS PASSED)
Explanatory Notes
Clause 1 adds a definition of "village commission" to the Municipal Government Act.
Clauses 2 to 4 make consistent language referring to a village, a village commission or a village clerk.
Clause 5 corrects a reference to the former Village Service Act.
Clauses 6 and 7 make consistent language referring to a village, the chair of a village commission or a village clerk.
Clauses 8 and 9 make the rules respecting private meetings of village commissions and their committees the same as for municipal councils and their committees.
(a) make consistent language referring to a village commission, the chair of a village commission or a village clerk; and
(b) change to "village" incorrect references to "village commissioners".
An Act to Amend Chapter 18
of the Acts of 1998,
the Municipal Government Act
Be it enacted by the Governor and Assembly as follows:
1 Section 3 of Chapter 18 of the Acts of 1998, the Municipal Government Act, as amended by Chapter 9 of the Acts of 2000, Chapters 6 and 35 of the Acts of 2001, Chapter 9 of the Acts of 2003, Chapter 40 of the Acts of 2006, Chapter 36 of the Acts of 2008, Chapter 64 of the Acts of 2010, Chapter 4 of the Acts of 2011 and Chapter 63 of the Acts of 2012, is further amended by adding immediately after clause (cf) the following clause:
2 Subsection 90(1) of Chapter 18 is amended by adding "village or service" immediately before "commission" in the third line.
3 Subsection 200(3) of Chapter 18 is amended by adding "commission" immediately after "village" in the last line.
4 Subsection 206(6) of Chapter 18 is amended by adding "village" immediately before "clerk" in the third line.
5 Section 404 of Chapter 18 is amended by striking out "Services" in the third line and substituting "Service".
6 Section 405 of Chapter 18 is amended by adding "commission" immediately after "village" in the last line.
7 (1) Subsection 406(2) of Chapter 18 is amended by striking out "clerk of the village" in the first and second lines and substituting "village clerk".
(2) Subsection 406(3) of Chapter 18 is amended by
(a) adding "of the Village Commission" immediately after "chair" in the third line; and
8 Subsection 408(4) of Chapter 18 is repealed.
9 Chapter 18 of the Acts of 1998 is further amended by adding immediately after Section 408 the following Sections:
(2) Each committee shall perform the duties conferred on it by the by-laws of the village.
(3) A village commissioner is not entitled to additional remuneration for serving on a committee of the village commission but may be reimbursed for expenses incurred as a committee member.
(4) A village commissioner ceases to be a member of a committee of the village commission if and when he or she ceases to be a village commissioner.
408B (1) Except as otherwise provided in this Section, the meetings of the village commission and its committees are open to the public.
(2) The village commission and its committees may meet in closed session to discuss matters relating to
(a) acquisition, sale, lease and security of village property;
(b) setting a minimum price to be accepted by the village at a tax sale;
(f) litigation or potential litigation;
(g) legal advice eligible for solicitor-client privilege;
(3) No decision shall be made at a private meeting of the village commission except a decision concerning procedural matters or to give direction to staff of, or solicitors for, the village.
(4) A record which is open to the public shall be made, noting the fact that the village commission met in private, the type of matter that was discussed, as set out in subsection (2), and the date, but no other information.
(5) Subsections (3) and (4) apply to committee meetings or parts of them that are not public.
(6) Any village commissioner or employee of a village who discloses any report submitted to, or details of matters discussed at, a private meeting of the village commission or its committees, as a result of which the village has lost financially or the village commissioner or employee of the village has gained financially, is liable in damages to the village for the amount of the loss or gain.
(7) Subsection (6) does not apply to information disclosed pursuant to subsection (4) or subsection 473(2).
10 (1) Subsection 417(1) of Chapter 18 is amended by adding "village" immediately before "clerk" in the first line.
(2) Subsection 417(2) of Chapter 18 is amended by adding "village" immediately before "clerk" in the second line.
11 Subsection 418(1) of Chapter 18 is amended by adding "commission" immediately after "village" in the last two lines.
12 Section 422 of Chapter 18 is amended by striking out "commission" in the first line.
13 Subsection 423(1) of Chapter 18 is amended by striking out "commission" in the first line.
14 Clause 426(f) of Chapter 18 is amended by adding "village" immediately after "commissioners" in the last line.
15 (1) Subsection 427(1) of Chapter 18 is amended by adding "village" immediately before "commission" in the first line.
(2) Subsection 427(3) of Chapter 18 is amended by adding "village" immediately before "commission" in the first line.
16 Clause 428(3)(b) of Chapter 18 is amended by adding "village" immediately before "clerk" in the sixth line.
17 Subsection 433(3) of Chapter 18 is amended by adding "village" immediately before "clerk" in the second line.
18 Subsection 441(6) of Chapter 18 is amended by striking out "chairman" in the last line and substituting "chair of the village commission".
19 Section 443 of Chapter 18 is amended by striking out "commission" in the first line.
20 Section 446 of Chapter 18 is amended by striking out "commission" in the second line.
21 Section 510 of Chapter 18 is amended by adding "or village clerk, respectively," immediately after "clerk" in the second line.
This page and its contents published by the Office of the Legislative Counsel, Nova Scotia House of Assembly, and © 2014 Crown in right of Nova Scotia. Created May 1, 2014. Send comments to legc.office@novascotia.ca.
