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

BILL NO. 185

(as introduced)

2nd Session, 62nd General Assembly
Nova Scotia
65 Elizabeth II, 2016



Private Member's Bill



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



Marian Mancini
Dartmouth South



First Reading: May 13, 2016

(Explanatory Notes)

Second Reading:

Third Reading:

Explanatory Notes

Clause 1

(a) adds definitions of "affordable housing" and "public benefit" to the Municipal Government Act;

(b) requires the nature and extent of public benefits and monetary contributions to be set out in a municipal planning strategy;

(c) requires a municipal council to negotiate for a public benefit or monetary contribution, or both, with an applicant for a development agreement; and

(d) requires an applicant for a development agreement to provide proof of an affordable housing tenant's eligibility for affordable housing where the development agreement requires affordable housing to be provided by the applicant.

Clause 2

(a) adds definitions of "affordable housing" and "public benefit" to the Halifax Regional Municipality Charter;

(b) requires the nature and extent of public benefits and monetary contributions to be set out in a municipal planning strategy;

(c) requires Halifax Regional Municipality Council to negotiate for a public benefit or monetary contribution, or both, with an applicant for a development agreement; and

(d) requires an applicant for a development agreement to provide proof of an affordable housing tenant's eligibility for affordable housing where the development agreement requires affordable housing to be provided by the applicant.

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 Chapter 18 of the Acts of 1998, the Municipal Government Act, is amended by adding immediately after Section 225 the following Section:

225A (1) In this Section,

(a) "affordable housing" means low income housing as defined in the Housing Nova Scotia Act;

(b) "public benefit" means a benefit to the public provided by an applicant for a development agreement and may include affordable housing.

(2) A municipal planning strategy must set out

(a) the nature and extent of a public benefit an applicant is required to provide in exchange for a development agreement; and

(b) the calculation for a money contribution the council may accept in lieu of or in addition to a public benefit.

(3) No development agreement may be entered into unless

(a) the council has negotiated with the applicant for a public benefit or a monetary contribution in lieu of or in addition to a public benefit; and

(b) the development agreement requires the applicant to provide the public benefit or monetary contribution, or both.

(4) A development agreement that requires the applicant to provide affordable housing as a public benefit must also require the applicant to obtain proof of eligibility for affordable housing from the affordable housing tenants and provide it to the council upon the council's request.

2 Chapter 39 of the Acts of 2008, the Halifax Regional Municipality Charter, is amended by adding immediately after Section 240 the following Section:
240A (1) In this Section,

(a) "affordable housing" means low income housing as defined in the Housing Nova Scotia Act;

(b) "public benefit" means a benefit to the public provided by an applicant for a development agreement and may include affordable housing.

(2) A municipal planning strategy must set out

(a) the nature and extent of a public benefit an applicant is required to provide in exchange for a development agreement; and

(b) the calculation for a money contribution the Council may accept in lieu of or in addition to a public benefit.

(3) No development agreement may be entered into unless

(a) the Council has negotiated with the applicant for a public benefit or a monetary contribution in lieu of or in addition to a public benefit; and

(b) the development agreement requires the applicant to provide the public benefit or monetary contribution, or both.

(4) A development agreement that requires the applicant to provide affordable housing as a public benefit must also require the applicant to obtain proof of eligibility for affordable housing from the affordable housing tenants and provide it to the Council upon the Council's request.

 


This page and its contents published by the Office of the Legislative Counsel, Nova Scotia House of Assembly, and © 2016 Crown in right of Nova Scotia. Created May 13, 2016. Send comments to legc.office@novascotia.ca.