(3) The Halifax Regional Municipality shall not charge any costs incurred by Halifax County Municipality in designing or siting the sanitary landfill and in developing the integrated solid-waste resource management strategy of the Halifax Regional Municipality solely to residents of the former Halifax County Municipality, and all such costs incurred after July 1, 1994 shall be paid by the Halifax Regional Municipality from its general rate.
533 (1) Notwithstanding subsection 3(11) of Chapter 3 of the Acts of 1995, the Halifax Regional Municipality Act, sums borrowed by the Coordinator pursuant to Sections 3 to 9 of the Halifax Regional Municipality Act prior to the coming into force of this Act shall be repaid by Halifax Regional Municipality in not more than ten annual installments, as determined by the Council, such sums to be fully repaid no later than March 31, 2006.
(2) Notwithstanding subsection 6(5) of Chapter 3 of the Acts of 1995, the Halifax Regional Municipality Act, sums required for the cost of severance benefits for employees of the former municipal governments shall be repaid by Halifax Regional Municipality in not more than ten annual installments, as determined by the council, such sums to be fully repaid no later than March 31, 2006.
(3) Halifax Regional Municipality may borrow the sums required to be paid pursuant to subsections (1) and (2) and such borrowings are for a municipal purpose.
534 Notwithstanding the Motor Vehicle Act, the use of a red light on a vehicle operated by a special constable employed by Halifax Regional Municipality, in the course of the special constable's duties, is permitted within municipal parks.
535 Town clerks, town treasurers, municipal clerks and municipal treasurers who hold office during good behaviour at the coming into force of this Act continue to hold office during good behaviour until such time as they resign or retire.
536 The by-laws, orders, policies and resolutions in force in a municipality or village immediately prior to the coming into force of this Act continue in force to the extent that they are authorized by this Act or another Act of the Legislature until amended or repealed.
537 (1) Every business improvement district commission is dissolved and its assets and liabilities are vested in the municipality that established it.
(2) A municipality may transfer property of a business improvement district commission to a nonprofit organization incorporated for purposes similar to those of the dissolved commission.
538 (1) Every industrial commission established by, or pursuant to, a statute is dissolved and its assets and liabilities are vested in the municipality that established it.
(2) A municipality may transfer property of an industrial commission dissolved by this Act to a nonprofit organization incorporated for purposes related to the improvement of the economy and commerce of the municipality.
539 (1) Every regional transit authority is dissolved and its assets and liabilities are vested in the municipality that established it.
(2) Municipalities that are members of a regional transit authority are deemed to have
(a) entered into an intermunicipal services agreement for the provision of public transportation services on the same terms and conditions as contained in the incorporating documents of the regional transit authority; and
(b) dedicated the property of the authority to that purpose.
540 (1) Every incorporated waterfront development corporation, parking commission, tree commission, parks commission or recreation commission established by a municipality or by statute is dissolved and its assets and liabilities are vested in the municipality that established it or in which it operated.
(2) A municipality may transfer property of a waterfront development corporation, parking commission, tree commission, parks commission or recreation commission dissolved by this Act to a nonprofit organization incorporated for purposes similar to those of the dissolved body or related to the improvement of the municipality.
541 (1) Where a regional municipality is incorporated, the council may authorize, for the ten fiscal years commencing on the incorporation date,
(a) different commercial and residential tax rates in each former municipal unit by phasing down or up the rates that applied within the municipal unit immediately before the incorporation date; and
(b) the levying and collecting of a separate rate within each former municipal unit for debt charges arising from debt outstanding immediately prior to the incorporation date.
(2) A council may levy a rate on an area to recover outstanding deficits, debts, debt charges or other items of past expenditure that the council determines should be recovered from the ratepayers of the area.
(3) A rate levied pursuant to subsection (2) applies to the assessed value of all taxable property and business occupancy assessments in the area.
(4) In the first fiscal year of a regional municipality, the council may levy and collect taxes at the same rates as were levied by the municipal governments, applied to the assessed value of all taxable property and business occupancy assessments on the same basis as the rates levied by municipal governments, provided the total sum so levied will be sufficient to meet the estimated requirements of the regional municipality for that year.
(5) This Section applies to Cape Breton Regional Municipality, Halifax Regional Municipality and Region of Queens Municipality from the date of their respective incorporations.
542 A reference in an enactment to a municipality, as defined in the Municipal Affairs Act, is a reference to a municipality, village or service commission as defined in this Act.
543 Sections 108 and 109 of Chapter 6 of the Revised Statutes, 1989, the Agriculture and Marketing Act, are repealed.
544 Sections 4 to 9 of Chapter 14 of the Revised Statutes, 1989, the Angling Act, are repealed.
545 (1) Clauses 2(e), (k), (u) and (w) of Chapter 23 of the Revised Statutes, 1989, the Assessment Act, are repealed.
(2) Clause 5(1)(n) of Chapter 23 is repealed and the following clause substituted:
(4) Clause 5(1)(t) of Chapter 23 is amended by striking out "that is approved under the Hospitals Act to the extent that the council by resolution declares it to be exempt" in the first, second and third lines and substituting "that is a hospital as defined in the Hospitals Act".
(5) Subsections 5(2) and (3) of Chapter 23 are repealed.
(6) Section 6 of Chapter 23 is repealed.
(7) Section 7 of Chapter 23 is repealed and the following Section substituted:
(9) Subsection 14(3) of Chapter 23 is amended by striking out all of the words and punctuation following "clerk" in the third line and substituting a period.
(10) Subsection 14(4) of Chapter 23 is repealed.
(11) Section 27 of Chapter 23 is repealed.
(12) Subsection 29(1) of Chapter 23 is amended by striking out "herein" in the eleventh line and substituting "in the Municipal Government Act".
(13) Subsections 29(3) to (10) of Chapter 23 are repealed.
(14) Subsections 33(2) and (3) of Chapter 23 are repealed.
(15) Subsections 39(2) and (3) of Chapter 23 are repealed.
(16) Subsection 39(4) of Chapter 23 is amended by striking out "or of rating" in the third line.
(17) Subsection 44(3) of Chapter 23 is repealed.
(18) Subsections 46(3) to (9) and (12) to (15) of Chapter 23 are repealed.
(19) Subsection 47(1) of Chapter 23 is amended by striking out "this Section" in the last line and substituting "the Municipal Government Act".
(20) Subsections 47(3) to (9) and (12) to (15) of Chapter 23 are repealed.
(21) Sections 49, 88, 90, 97 to 132, 134 to 152, 154 to 166, 181 and 182 of Chapter 23 are repealed.
(22) Forms F to M in the Schedule to Chapter 23 are repealed.
546 Chapter 27 of the Revised Statutes, 1989, the Atomic Energy of Canada Limited Tax Sharing Act, is repealed.
547 Chapter 44 of the Revised Statutes, 1989, the Brucellosis Control Act, is repealed.
548 (1) Subsection 4(5) of Chapter 46 of the Revised Statutes, 1989, the Building Code Act, is amended by striking out "in which this Act applies" in the third line.
(2) Subsection 7(2) of Chapter 46 is amended by striking out "shall be filed in the office of" in the second and third lines and substituting "when a by-law is published, the clerk shall file a certified copy of the by-law with".
(3) Clause 9(1)(a) of Chapter 46 is amended by striking out "this Act or a regulation or by-law made pursuant to the authority of this Act" in the third and fourth lines and substituting "an Act or a regulation or by-law made pursuant to this Act or Parts VIII or IX of the Municipal Government Act".
549 Chapter 3 of the Acts of 1994, the Cape Breton Regional Municipality Act, is repealed.
550 (1) Clause 2(g) of Chapter 61 of the Revised Statutes, 1989, the Cattle Pest Control Act, is repealed.
(2) Subsection 3(1) of Chapter 61 is amended by striking out "and the council of each municipality in the area" in the third and fourth lines.
(3) Subsection 3(3) of Chapter 61 is amended by striking out "and the council of each municipality in the area" in the second and third lines.
(4) Subsection 3(4) of Chapter 61 is amended by striking out "and to the council of each municipality in the area" in the third and fourth lines.
(5) Subsection 4(3) of Chapter 61 is amended by striking out "or a person in the service of a municipality with the consent of the council of the municipality" in the third and fourth lines.
(6) Subsection 5(4) of Chapter 61 is amended by striking out "or by a municipality" in the fourth line.
(7) Section 7 of Chapter 61 is repealed and the following Section substituted:
551 Chapter 80 of the Revised Statutes, 1989, the Community Act, is repealed.
552 Chapter 121 of the Revised Statutes, 1989, the Deed Transfer Tax Act, is repealed.
553 (1) Section 43 of Chapter 1 of the Acts of 1995-96, the Education Act, is amended by striking out "sixth" in the second line and substituting "eighth".
(2) Subsection 46(1) of Chapter 1 is amended by
(a) repealing clause (a) and substituting the following clause:
(b) repealing clause (c).
554 Chapter 138 of the Revised Statutes, 1989, the Education of the Blind Act, is repealed.
555 Section 169 of Chapter 1 of the Acts of 1994-95, the Environment Act, is amended by adding "or a municipality" immediately after "Minister" in the second line.
556 Chapter 170 of the Revised Statutes, 1989, the Fire Department Two Platoon Act, is repealed.
557 (1) Subsection 22(2) of Chapter 179 of the Revised Statutes, 1989, the Forests Act, is amended by adding ", and a regional municipality with respect to that area of the regional municipality that was a city or town immediately prior to the incorporation of the regional municipality," immediately after "town" in the first line.
(2) Section 37 of Chapter 179 is amended by adding "or regional municipality" immediately after "town" in the first line.
558 Chapter 3 of the Acts of 1995, the Halifax Regional Municipality Act, is repealed.
559 (1) Subsection 19G(4) of Chapter 199 of the Revised Statutes, 1989, the Heritage Property Act, as enacted by Chapter 10 of the Acts of 1991, is amended by striking out ", but no certificate shall be issued until the time for appeal has elapsed or the appeal has been disposed of, whichever is the longer" in the seventh, eighth and ninth lines.
(2) Subsection 19H(1) of Chapter 199, as enacted by Chapter 10 of the Acts of 1991, is repealed and the following subsections substituted:
(1A) The approval, imposition of conditions on or denial of a certificate pursuant to subsection 19G (5) may be appealed to the Nova Scotia Utility and Review Board by
(a) the applicant for the certificate;
(b) an aggrieved person;
(c) the council of a municipality adjoining the heritage conservation district to which the certificate relates;
(d) an official in the public service designated by the Minister.
560 Chapter 221 of the Revised Statutes, 1989, the Industrial Commissions Act, is repealed.
561 Section 13 of Chapter 223 of the Revised Statutes, 1989, the Industrial Estates Limited Act, is repealed.
562 Section 3 of Chapter 248 of the Revised Statutes, 1989, the Land Holdings Disclosure Act, is amended by striking out "or town" in the second line and substituting ", town or that area of a regional municipality that was a city or town immediately prior to the incorporation of the regional municipality".
563 Chapter 295 of the Revised Statutes, 1989, the Municipal Act, is repealed.
564 Chapter 296 of the Revised Statutes, 1989, the Municipal Affairs Act, is repealed.
565 Chapter 298 of the Revised Statutes, 1989, the Municipal Boundaries and Representation Act, is repealed.
566 (1) Clause 2(1)(ac) of Chapter 300 of the Revised Statutes, 1989, the Municipal Elections Act, is repealed and the following clause substituted:
(a) striking out "1982" in the second line and substituting "2000"; and
(b) striking out "third" in the third line and substituting "fourth".
(3) Clause 17(1)(a) of Chapter 300 is repealed and the following clause substituted:
(5) Subsection 30A(1) of Chapter 300 is repealed and the following subsections substituted:
(1A) Notwithstanding subsection 30(3), where all or part of the list to be used in an election is a list of electors prepared in whole or in part from information from the National Register of Electors established and maintained by Elections Canada, Sections 32 and 34 and subsection (2) of Section 38 do not apply to that list but this Section applies.
(7) Subsection 30A(3) of Chapter 300, as enacted by Chapter 6 of the Acts of 1997, is amended by
(a) striking out ", 1997" in the first and second lines; and
(b) striking out "(1)" in the fourth line and substituting "(1A)".
(8) Subsection 30A(4) of Chapter 300, as enacted by Chapter 6 of the Acts of 1997, is amended by striking out ", 1997" in the first and second lines.
(9) Subsection 30A(5) of Chapter 300, as enacted by Chapter 6 of the Acts of 1997, is amended by striking out ", 1997" in the first and second lines.
(10) Subsection 30A(6) of Chapter 300, as enacted by Chapter 6 of the Acts of 1997, is amended by striking out "the list of electors for the federal election that is to be held on June 2, 1997, or the list prepared as a result of the federal enumeration" in the second, third, fourth and fifth lines and substituting "a list of electors prepared in whole or in part from information from the National Register of Electors established and maintained by Elections Canada".
(11) Chapter 300 is further amended by adding immediately after Section 49 the following Sections:
(a) "agent" means the official agent of a candidate and includes the candidate if the candidate is acting as official agent and, in the case of an association, means the person appointed by the association to act as agent;
(b) "association" means an association of one or more people established to, a trust established for or a fund established to further the election of the candidate;
(c) "contributions" means services, money or other property donated to an association or a person to support the political purposes of an association or candidate, but does not include personal services or the use of a vehicle volunteered by a person and not provided as part of that person's work in the service of an employer;
(d) "spouse" means a person married to another person and, for the purpose of this Section, includes persons who, not being married to each other, live together as if spouses and have done so for at least one year.
(2) An association shall appoint an agent for the purpose of this Section and shall file the appointment with the clerk or the secretary of a school board.
(3) Contributions to a candidate or association shall be made only to the agent.
(4) All contributions to a candidate shall be deposited in a separate account and be dealt with separately from the candidate's personal funds.
(5) The agent shall record the full name and residential or business address, other than a post office box address unless that is the only address available, of each contributor together with the amount of the contribution.
(6) An agent shall not accept an anonymous contribution in any amount and, if any anonymous contribution cannot be returned to the contributor, it shall be remitted to the treasurer of the municipality or school board.
(7) No person shall contribute to any association or candidate funds not beneficially belonging to the person or funds that have been given or furnished to that person by another person for the purpose of contributing those funds unless the person to whom the funds beneficially belong is identified as the contributor or unless the person contributing the funds is the spouse of the person to whom the funds beneficially belong.
(8) Within sixty days after regular polling day in an election, every candidate and agent of an association shall file with the clerk of a municipality or the secretary of a school board a disclosure statement showing the full name and residential or business address, other than a post office box unless that is the only address available, of each contributor whose contributions received during the period since the previous election exceed one hundred dollars in total and the amount of the total contributions by that contributor.
(9) Where a trust or fund is established to further the goals of a candidate or association and the trust or fund is not controlled by an association or candidate, the names of contributors to the trust or fund shall be disclosed when a transfer is made from the trust or fund to either an association or candidate.
(10) Where a contribution or gift of goods or services is made to a candidate or association for the purpose of sale or auction, the value of the contribution is the dollar value at which those goods or services are sold or auctioned.
(11) A candidate who is not nominated is not required to file a disclosure statement.
49B (1) Any person may examine a disclosure statement respecting contributions to a candidate.
(2) Disclosure statements shall be available for examination at any time during regular office hours.
(3) A person who examines a disclosure statement may obtain a copy of that statement upon payment of the reasonable cost of copying the statement.
(4) The disclosure statement shall be as nearly as may be in the form prescribed by the Minister.
(2) A candidate who has filed a declaration that the candidate will personally act as the official agent may subsequently appoint an official agent at any time before close of nominations.
(3) A candidate who has not filed an appointment of official agent is deemed to be personally acting as the official agent.
(a) open the ballot box;
(b) without looking at the front of the ballots, separate the ballots cast for school board members;
(c) place the ballots for school board members in separate envelopes for each school board;
(d) prepare a partial statement of poll for the school board election setting out the number of people who voted for the school board, the number of ballots and the reconciliation of ballots, and include the partial statement in the envelope;
(e) seal the envelopes and indicate the number of ballots for each office on the outside of the envelope;
(f) sign and request the poll clerk and such of the candidates and agents who choose to do so to sign across the seal of each envelope;
(g) deliver the envelopes to the returning officer for the school board election.
(2) Where an envelope is delivered to a returning officer pursuant to subsection (1), the returning officer for the school board election shall appoint a counting officer to count the ballots in all envelopes delivered to the returning officer pursuant to subsection (1).
(3) The counting officer, prior to the official addition of the votes, at a time and place designated by the returning officer and made known to the candidates, in the presence of the candidates and agents who are present, shall
(a) open all envelopes;
(b) intermingle ballots from all of the different envelopes containing ballots for candidates for the same office;
(c) count the votes;
(d) prepare a partial statement of poll with respect to ballots counted;
(e) perform all other duties of a deputy returning officer in charge of a polling station.
(15) Subsection 167(2) of Chapter 300 is amended by striking out "Governor in Council" in the first line and substituting "Minister".
567 (1) Section 7 of Chapter 301 of the Revised Statutes, 1989, the Municipal Finance Corporation Act, is amended by striking out "financing" in the first and second lines and substituting "financial assistance".
(2) Section 8 of Chapter 301 is amended by
(a) adding "(1)" immediately after the Section number;
(b) adding immediately after clause (g) the following clauses:
(gb) subject to subsection (2), and without restricting the generality of clauses (a), (c) and (e), enter into financial transactions and agreements affecting the debt and financial assets of the Corporation;
(3) The exercise by the Governor in Council of the authority contained in subsection (2) is regulations within the meaning of the Regulations Act.
568 (1) Subsection 18(4) of Chapter 8 of the Acts of 1992, the Nova Scotia Power Privatization Act, is repealed and the following subsection substituted:
569 Chapter 346 of the Revised Statutes, 1989, the Planning Act, is repealed.
570 Subsection 19(6) of Chapter 348 of the Revised Statutes, 1989, the Police Act, is amended by deleting "and may provide for the payment of an allowance to the members of the board who are members of the council" in the fourth, fifth and sixth lines.
571 Section 2 of Chapter 371 of the Revised Statutes, 1989, the Public Highways Act, as amended by Chapters 7 and 16 of the Acts of 1994-95, is further amended by adding immediately preceding clause (b) the following clause:
572 Chapter 9 of the Acts of 1995, the Queens Regional Municipality Act, is repealed.
573 Chapter 16 of the Acts of 1995-96, the Regional Municipalities Act, is repealed.
574 Chapter 389 of the Revised Statutes, 1989, the Regional Transit Authority Act, is repealed.
575 Chapter 403 of the Revised Statutes, 1989, the Rio Algom Limited Municipal Taxation Act, is repealed.
576 (1) Sections 4 to 17 of Chapter 406 of the Revised Statutes, 1989, the Rural Fire District Act, are repealed.
(2) Section 36 of Chapter 406 is amended by striking out "to appoint firewards," in the fourth line.
(3) Subsection 37(3) of Chapter 406 is repealed.
(4) Section 39 of Chapter 406 is amended by striking out "Affairs" in the second line and substituting "Government".
(5) Subsection 40(2) of Chapter 406 is amended by striking out "Affairs" in the third line and substituting "Government".
(6) Sections 41 to 44 of Chapter 406 are repealed.
(7) Section 48 of Chapter 406 is amended by striking out "Municipal Act and the provisions of Sections 54 and 55" in the third line and substituting "Municipal Government Act and Section 42".
(8) Section 52 of Chapter 406 is amended by striking out "Affairs" in the second line and substituting "Government".
(9) Section 53 of Chapter 406 is repealed.
(10) Section 55 of Chapter 406 is repealed.
577 Clause 10(1)(b) of Chapter 427 of the Revised Statutes, 1989, the Shopping Centre Development Act, is amended by adding "former" immediately before "Halifax" in the second line.
578 Chapter 448 of the Revised Statutes, 1989, the Stray Animals Act, is repealed.
579 Chapter 472 of the Revised Statutes, 1989, the Towns Act, is repealed.
580 Chapter 493 of the Revised Statutes, 1989, the Village Service Act, is repealed.
581 This Act has effect on and after April 1, 1999.
TO: Any police officer, civil constable, by-law enforcement officer or other municipal employee
(taxpayer) is indebted to the (Municipality) for (amount) taxes and interest.
You are required forthwith to distrain the goods and chattels of (taxpayer) for that amount and for the expenses of collection, and if need be to remove them to some place of safekeeping.
If the property distrained is not redeemed by payment of that amount, with the expenses of collection, and any additional charges and expenses, you shall sell the goods and chattels distrained upon to satisfy the amount due.
Given under my hand and the municipal seal
this day of , 19 .
Treasurer
The warrant of distress for taxes hereto annexed was directed to me to be executed, and I have executed it by
(or I have been unable to find sufficient goods to realize the amount due for taxes, and interest and costs, fees and expenses and that the amount remaining due after the levy and sale is )
(or I have been unable to find any goods whereon to levy)
date
THIS IS TO CERTIFY that on (date) , (purchaser) of (address) purchased for the sum of $ the lands and premises described in Schedule "A" hereto annexed, which were sold for arrears of taxes due to the (Municipality) , the same having been assessed to (assessed owner) , and described in a deed recorded in Book at Page .
A deed conveying the property to the purchaser or as directed by the purchaser will be provided upon payment of the prescribed fee at any time after three months from the date of the sale if the property is not redeemed.
Given under the hand of the treasurer and the seal of the (Municipality) this day of , 19 .
Treasurer
THIS IS TO CERTIFY that the (Municipality) has been paid the amount required to redeem the land described in Schedule "A" hereto annexed, which had been assessed to (assessed owner) and was on (date) sold for arrears of taxes to (purchaser) , and with respect to which a certificate of sale for taxes was issued and was recorded in Book at Page .
The certificate of sale for taxes is now released.
Given under the hand of the treasurer and the seal of the (Municipality) this day of , 19 .
Treasurer
THIS TAX DEED is made this day of , 19
BETWEEN:
The Municipality of ,
hereinafter called the "Grantor"
OF THE ONE PART
The Purchaser's Name
hereinafter called the "Grantee"
OF THE OTHER PART
Whereas the Grantor did advertise and sell on (date) the land assessed to described in Schedule "A" hereto annexed for arrears of taxes, interest and expenses.
Now This Indenture Witnesses that in consideration of the sum of One Dollar and other good and valuable consideration the Grantor hereby conveys to the Grantee all the lands or interests described in Schedule "A".
In Witness Whereof, we have set our hands and affixed the seal of the Municipality the day and year first above written.
SIGNED, SEALED AND DELIVERED ) MUNICIPALITY OF
in the presence of )
)
) per:
) Mayor/ Warden
)
)
) per:
) Clerk
PROVINCE OF NOVA SCOTIA )
COUNTY OF )
ON THIS day of , A. D., 19 , before me, the subscriber, personally came and appeared , the subscribing witness to the foregoing Indenture, who, having been by me duly sworn, made oath and said that and , the Mayor/Warden and Clerk of the Grantor herein, signed, sealed and delivered the same in h presence.
A Commissioner of the Supreme
Court of Nova Scotia
Note: Schedule "A" is to contain a full metes and bounds description of the property being conveyed, and must also contain a proper back reference to the next earlier deed, and to the deed to the delinquent taxpayer.
Introduction
Definition
Statement of Provincial Interest Regarding Drinking Water
Statement of Provincial Interest Regarding Flood Risk Areas
Statement of Provincial Interest Regarding Agricultural Land
Statement of Provincial Interest Regarding Infrastructure
Statement of Provincial Interest Regarding Housing
Implementation
Nova Scotia's land and water resources are fundamental to our physical, social and economic well-being. But they are finite resources and using them in one way can mean the exclusion of other uses forever. Therefore, it is important that decisions about Nova Scotia's land and water be made carefully. Ill-advised land use can have serious consequences for the physical, economic and social well-being of all Nova Scotians.
These statements of Provincial interest recognize the importance of our land and water resources. The statements also address issues related to the future growth of our communities. They are intended to serve as guiding principles to help Provincial Government departments, municipalities and individuals in making decisions regarding land use. They are supportive of the principles of sustainable development.
Development undertaken by the Province and municipalities should be reasonably consistent with the statements.
As the statements are general in nature, they provide guidance rather than rigid standards. They reflect the diversity found in the Province and do not take into account all local situations. They must be applied with common sense. Thoughtful, innovative and creative application is encouraged.
These definitions apply to the Statements of Provincial Interest.
Agricultural Land means active farmland and land with agricultural potential as defined by the Canada Land Inventory as Class 2, 3 and Class 4 land in active agricultural areas, speciality crop lands and dykelands suitable for commercial agricultural operations as identified by the Department of Agriculture and Marketing.
Floodplain means the low lying area adjoining a watercourse.
Floodproofed means a measure or combination of structural and non-structural measures incorporated into the design of a structure which reduces or eliminates the risk of flood damage, usually to a defined elevation.
Floodway means the inner portion of a flood risk area where the risk of flooding is greatest, on average once in twenty years, and where flood depths and velocities are greatest.
Floodway Fringe means the outer portion of a flood risk area, between the floodway and the outer boundary of the flood risk area, where the risk of flooding is lower, on average once in one hundred years, and floodwaters are shallower and slower flowing.
Groundwater Recharge Area means the area of land from which water flows to supply a well.
Hazardous Materials means dangerous goods, waste dangerous goods and pesticides as defined in the Environment Act C.1, S.N.S. 1994-95.
Municipal Water Supply Watershed means an area encompassing a surface watershed or recharge area, or a portion of it, serving as a water supply area for a municipal water system.
Off-site Fill means fill that has been imported from outside the floodplain or fill which is transported from the Floodway Fringe to the Floodway.
Planning Documents means a municipal planning strategy, land-use by-law, development agreement and subdivision by-law.
REGARDING DRINKING WATER
GOAL
To protect the quality of drinking water within municipal water supply watersheds.
BASIS
A safe supply of drinking water is a basic requirement for all Nova Scotians.
Inappropriate development in municipal water supply watersheds may threaten the quality of drinking water.
Some water supply watersheds are located outside the municipality using the water. The municipality depending on the water therefore has no direct means of protecting its supply.
APPLICATION
This statement applies to all municipal water supply watersheds in the Province including surface watersheds and groundwater recharge areas.
PROVISIONS
1. Planning documents must identify all municipal water supply watersheds within the planning area.
2. Planning documents must address the protection of drinking water in municipal water supply watersheds. Measures that should be considered include
(a) restricting permitted uses to those that do not pose a threat to drinking water quality;
(b) balancing the expansion of existing uses against the risks posed to drinking water quality;
(c) limiting the number of lots. Too many lots may result in development which cumulatively affects drinking water quality. The minimum size of lots and density of development should be balanced against the risks posed to the quality of drinking water;
(d) setting out separation distances between new development and watercourses to provide protection from run-off;
(e) establishing measures to reduce erosion, sedimentation, run-off and vegetation removal associated with development.
3. Existing land use and the location, size and soil conditions of a municipal water supply watershed will determine the land-use controls that should be applied. Large surface watersheds, for example, may be able to sustain more development than a small groundwater recharge area.
It is recognized that in some situations the long-term protection of the drinking water supply may be impractical. In these cases planning documents must address the reasons why the water supply cannot be protected. Municipalities in this situation should consider locating an alternate source of drinking water where long-term protective measures can be applied.
4. The Province supports the preparation of watershed management strategies for all municipal water supply watersheds. These strategies should be prepared by the concerned municipalities and the municipal water utility, in consultation with all affected parties, including landowners.
REGARDING FLOOD RISK AREAS
GOAL
To protect public safety and property and to reduce the requirement for flood control works and flood damage restoration in floodplains.
BASIS
Floodplains are nature's storage area for flood waters.
New development in a floodplain can increase flood levels and flows thereby increasing the threat to existing upstream and downstream development.
Five floodplains have been identified as Flood Risk Areas under the Canada-Nova Scotia Flood Damage Reduction Program.
APPLICATION
This statement applies to all Flood Risk Areas that are designated under the Canada-Nova Scotia Flood Damage Reduction Program. These are
(1) East River, Pictou County,
(2) Little Sackville River, Halifax County,
(3) Sackville River, Halifax County,
(4) Salmon and North Rivers, Colchester County, and
(5) West and Rights Rivers and Brierly Brook, Antigonish County.
There are other areas in the Province that are subject to flooding which have not been mapped under the Canada-Nova Scotia Flood Damage Reduction Program. In these areas, the limits of potential flooding have not been scientifically determined. However, where local knowledge or information concerning these floodplains is available, planning documents should reflect this information and this statement.
1. Planning documents must identify Flood Risk Areas consistent with the Canada-Nova Scotia Flood Damage Reduction Program mapping and any locally known floodplain.
2. For Flood Risk Areas that have been mapped under the Canada-Nova Scotia Flood Damage Reduction Program planning documents must be reasonably consistent with the following:
(a) within the Floodway,
(ii) the placement of off-site fill must be prohibited;
(2) any use associated with the warehousing or the production of hazardous materials,
4. For known floodplains that have not been mapped under the Canada-Nova Scotia Flood Damage Reduction Program, planning documents should be, at a minimum, reasonably consistent with the provisions applicable to the Floodway Fringe.
5. Development contrary to this statement may be permitted provided a hydrotechnical study, carried out by a qualified person, shows that the proposed development will not contribute to upstream or downstream flooding or result in a change to flood water flow patterns.
REGARDING AGRICULTURAL LAND
GOAL
To protect agricultural land for the development of a viable and sustainable agriculture and food industry.
BASIS
The preservation of agricultural land is important to the future of Nova Scotians.
Agricultural land is being lost to non-agricultural development.
There are land-use conflicts between agricultural and non-agricultural land uses.
APPLICATION
This statement applies to all active agricultural land and land with agricultural potential in the Province.
PROVISIONS
1. Planning documents must identify agricultural lands within the planning area.
2. Planning documents must address the protection of agricultural land. Measures that should be considered include:
(a) giving priority to uses such as agricultural, agricultural related and uses which do not eliminate the possibility of using the land for agricultural purposes in the future. Non-agricultural uses should be balanced against the need to preserve agricultural land;
(b) limiting the number of lots. Too many lots may encourage non-agricultural development. The minimum size of lots and density of development should be balanced against the need to preserve agricultural land;
(c) setting out separation distances between agricultural and new non-agricultural development to reduce land-use conflicts;
(d) measures to reduce topsoil removal on lands with the highest agricultural value.
3. Existing land-use patterns, economic conditions and the location and size of agricultural holdings means not all areas can be protected for food production, e.g., when agricultural land is located within an urban area. In these cases, planning documents must address the reasons why agriculture lands cannot be protected for agricultural use. Where possible, non-agricultural development should be directed to the lands with the lowest agricultural value.
REGARDING INFRASTRUCTURE
GOAL
To make efficient use of municipal water supply and municipal wastewater disposal systems.
BASIS
All levels of government have made significant investment in providing municipal water supply and municipalwastewater disposal infrastructure systems.
Unplanned and uncoordinated development increases the demand for costly conventional infrastructure.
APPLICATION
All communities of the Province.
PROVISIONS
1. Planning documents must promote the efficient use of existing infrastructure and reduce the need for new municipal infrastructure. Measures that should be considered include:
(a) encouraging maximum use of existing infrastructure by enabling infill development on vacant land and higher density development;
(b) discouraging development from leapfrogging over areas served by municipal infrastructure to unserviced areas;
(c) directing community growth that will require the extension of infrastructure to areas where serving costs will be minimized. The use of practical alternatives to conventional wastewater disposal systems should be considered;
(d) identifying known environmental and health problems related to inadequate infrastructure and setting out short and long-term policies to address the problems including how they will be financed.
2. Where on-site disposal systems are experiencing problems, alternatives to the provision of conventional wastewater disposal systems should be considered. These include the replacement or repair of malfunctioning on-site systems, the use of cluster systems and establishing wastewater management districts.
3. Installing municipal water systems without municipal wastewater disposal systems should be discouraged.
4. Intermunicipal solutions to address problems and provide infrastructure should be considered.
REGARDING HOUSING
GOAL
To provide housing opportunities to meet the needs of all Nova Scotians.
BASIS
Adequate shelter is a fundamental requirement for all Nova Scotians.
A wide range of housing types is necessary to meet the needs of Nova Scotians.
APPLICATION
All communities of the Province.
PROVISIONS
1. Planning documents must include housing policies addressing affordable housing, special-needs housing and rental accommodation. This includes assessing the need and supply of these housing types and developing solutions appropriate to the planning area. The definition of the terms affordable housing, special-needs housing and rental housing is left to the individual municipality to define in the context of its individual situation.
2. Depending upon the community and the housing supply and need, the measures that should be considered in planning documents include: enabling higher densities, smaller lot sizes and reduced yard requirements that encourage a range of housing types.
3. There are different types of group homes. Some are essentially single detached homes and planning documents must treat these homes consistent with their residential nature. Other group homes providing specialized services may require more specific locational criteria.
4. Municipal planning documents must provide for manufactured housing.
1. These statements of provincial interest are issued under the Municipal Government Act. The Minister of Housing and Municipal Affairs, in cooperation with other provincial departments, is responsible for their interpretation.
2. Provincial Government departments must carry out their activities in a way that is reasonably consistent with these statements.
3. New municipal planning documents as well as amendments made after these statements come into effect must be reasonably consistent with them.
4. Councils are encouraged to amend existing planning documents to be reasonably consistent with the statements. Where appropriate, the preparation of intermunicipal planning strategies is encouraged.
5. Reasonably consistent is defined as taking reasonable steps to apply applicable statements to a local situation. Not all statements will apply equally to all situations. In some cases, it will be impractical because of physical conditions, existing development, economic factors or other reasons to fully apply a statement. It is also recognized that complete information is not always available to decision makers. These factors mean that common sense will dictate the application of the statements. Thoughtful innovation and creativity in their application is encouraged.
6. Conflicts among the statements must be considered and resolved in the context of the planning area and the needs of its citizens.
7. The Department of Housing and Municipal Affairs, with other Provincial departments, may prepare guidelines and other information to help municipalities in implementing the statements. Provincial staff are available for consultation on the reasonable application of the statements.
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.
