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Municipal Government Act (6 of 10)

275 (1) An applicant and a municipality may enter into an infrastructure charges agreement that may

(a) provide for the payment of infrastructure charges in installments;

(b) permit the applicant to provide certain services or extended services in lieu of the payment of all, or part, of the charge;

(c) provide for security to ensure that the infrastructure charges are paid when due;

(d) provide for any other matter necessary or desirable to effect the agreement.

(2) A subdivision by-law may prescribe the circumstances in which an infrastructure charges agreement may be entered into and the general terms that such an agreement shall contain.

276 An infrastructure charges agreement

(a) is binding on the land that is subdivided;

(b) shall be registered in the registry and shall be indexed as a conveyance to and from the owner of the land that is subdivided; and

(c) is binding on each individual lot in a subdivision, to the extent specified in the agreement.

277 (1) Within fourteen days of receiving an application for subdivision approval, the development officer shall

(a) determine if the application is complete; and

(b) where the application is incomplete, notify the applicant in writing, advising what is required to complete the application.

(2) A completed application for subdivision approval that is neither approved nor refused within ninety days after it is received is deemed to be refused, unless the applicant and the development officer agree to an extension.

(3) The development officer shall inform the applicant of the reasons for a refusal in writing.

278 (1) An application for subdivision approval shall be approved if the proposed subdivision is in accordance with the enactments in effect at the time a complete application is received by the development officer.

(2) An application for subdivision approval shall be refused where

(a) the proposed use of the lots being created is not permitted by the land-use by-law;

(b) the proposed lots do not comply with a requirement of the land-use by-law, unless a variance has been granted with respect to the requirement;

(c) the proposed lots would require an on-site sewage disposal system and the proposed lots do not comply with requirements established pursuant to the Environment Act for on-site sewage disposal systems, unless the owner has been granted an exemption from technical requirements by the Minister of the Environment, or a person designated by that Minister;

(d) the development officer is made aware of a discrepancy among survey plans that, if either claimant were completely successful in a claim, would result in a lot that cannot be approved;

(e) the proposed access to a street does not meet the requirements of the municipality or the Province;

(f) the proposed subdivision does not meet the requirements of the subdivision by-law and no variance is granted; or

(g) the proposed subdivision is inconsistent with a proposed subdivision by-law or a proposed amendment to a subdivision by-law, for a period of one hundred and fifty days from the publication of the first notice advertising the council's intention to adopt or amend the subdivision by-law.

279 Where a subdivision by-law specifies minimum lot dimensions or lot area and the by-law so provides, the development officer may approve a plan of subdivision that shows not more than two lots that do not meet these requirements, provided that the lot dimensions and area are not less than ninety per cent of the required minimums.

280 (1) No plan of subdivision may be approved by a development officer where

(a) the plan shows a street to be owned by the municipality, unless the engineer has approved the design and construction standards of the street, and any intersection with a street, owned by the municipality;

(b) the plan shows a proposed intersection with a street owned by the Province, unless the intersection has been approved by the Minister of Transportation and Public Works, or a person designated by that Minister; or

(c) the Minister of Transportation and Public Works, or a person designated by that Minister, or the engineer advises that the probable volume of traffic from the development will create unsafe conditions for which no remedial arrangements have been made.

(2) The owners of lots shown on a plan of subdivision as abutting on a private right of way are deemed to have an easement over the private right of way for vehicular and pedestrian access to the lot and for the installation of electricity, telephone and other services to the lot.

(3) The new streets and new extensions of streets shown on a plan of subdivision, excluding roads that are shown on the plan as private roads, are vested absolutely in the municipality in which they are situate when the final approved plan is filed in the registry.

281 A development officer shall approve a plan of subdivision prepared to carry out a development agreement authorized by a municipal planning strategy and land-use by-law, notwithstanding that the plan does not comply with the subdivision by-law, if the plan complies with the terms of the agreement.

282 (1) No plan of subdivision that adds or consolidates parcels or areas of land may be approved by a development officer until the development officer is provided with

(a) executed deeds suitable for registering to effect the addition or consolidation; and

(b) the fees for registering the deeds.

(2) The development officer shall register the deeds with the approved plan.

283 Where a tentative plan of subdivision is approved pursuant to the subdivision by-law, a lot or lots shown on the approved tentative plan shall be approved at the final plan of subdivision stage, if

(a) the lots are substantially the same as shown on the tentative plan;

(b) any conditions on the approval of the tentative plan have been met;

(c) the services to be constructed have been constructed and accepted by the municipality or acceptable security has been provided to the municipality to ensure the construction of them; and

(d) the complete application for final subdivision plan approval is received within two years of the date of the approval of the tentative plan.

284 The refusal to approve a concept plan or tentative or final plan of subdivision may be appealed to the Board by the applicant in accordance with the procedure for an appeal to the Board set out in Part VIII.

285 (1) No final plan of subdivision shall be filed in the registry unless the plan has been approved by a development officer in accordance with this Part.

(2) A development officer, or a person acting for a development officer, shall forward the approved final plan of subdivision to be filed in the registry within seven days of its approval.

(3) At the same time as an approved final plan of subdivision is filed in the registry, a notice of the approved final plan of subdivision shall be registered in the registry.

(4) A notice of the approved final plan of subdivision shall be indexed as a conveyance from the person whose land is divided.

(5) Where an approved final plan of subdivision effects an addition or consolidation, the notice of the plan shall be indexed as a conveyance from the person whose land is divided and from the person whose land is enlarged as a result of the addition or consolidation.

286 Where a lot to be created by a plan of subdivision crosses a municipal boundary, an approval is required from each municipality in which the proposed lot is located.

287 (1) A subdivision of land takes effect when the plan of subdivision is filed in the registry.

(2) No deed, mortgage, lease or other instrument which would result in the subdivision of land for which subdivision approval is required has effect until the subdivision is approved and the plan is filed.

(3) A deed, mortgage, lease or other instrument, which purports to subdivide land and is executed before the approval and the filing of a plan of subdivision in the registry in accordance with this Part, is deemed

(a) to have been executed immediately after the filing of the plan of subdivision; and

(b) where the deed, mortgage, lease or other instrument has been registered in the registry, to have been duly registered at the time of the actual registration.

(4) Where two or more deeds, mortgages, leases or other instruments are deemed to have been executed at the same time, they are deemed to have been executed in the same order as they were actually executed.

(5) Where a deed, mortgage, lease or other instrument is made which results in the subdivision of land in accordance with a plan or instrument of subdivision duly approved and filed in the registry, the amendment of the plan or instrument does not restrict the right of the owner, mortgagee, lessee or other holder to execute other deeds, mortgages, leases or instruments in which the property is described as it is described in the original deed, mortgage, lease or other instrument.

288 (1) An approved final plan of subdivision may be amended, provided the amendment does not materially alter the boundaries of a lot created by the approved plan.

(2) The provisions of this Act that apply to an approved final plan of subdivision apply to an amended plan of subdivision, except the date of the approval of the amended plan is the same as that of the approved final plan of subdivision.

289 An instrument of subdivision approved pursuant to this Act or the former Planning Act may be amended or repealed in the same manner, and with the same effect, as an approved final plan of subdivision.

290 Nothing in this Act prevents an application for approval of or the approval of, a subdivision for which no approval is required.

291 (1) A failure to comply with

(a) this Act; or

(b) the former Planning Act,

or a regulation or by-law made thereunder does not affect the creation of a title or interest in real property conveyed, or purported to have been conveyed, by deed, lease, mortgage or other instrument before April 16, 1987.

(2) Subsection (1) does not affect the rights acquired by a person from a judgment or order of a court given or made in litigation or proceedings commenced before April 16, 1987.

292 A subdivision by-law adopted pursuant to a former Planning Act is a subdivision by-law within the meaning of this Act, to the extent that it is consistent with this Act.

PART X
FIRE AND EMERGENCY SERVICES

293 A municipality may maintain and provide fire and emergency services by providing the service, assisting others to provide the service, working with others to provide the service or a combination of means.

294 (1) A body corporate may apply to a municipality for registration as a fire department.

(2) A municipality shall not refuse to register a body corporate that complies with this Act if the

(a) municipality is satisfied that the body corporate is capable of providing the services it offers to provide;

(b) body corporate carries liability insurance, as required by the municipality;

(c) body corporate does not provide the fire services for profit; and

(d) municipality does not provide the same services for the same area.

(3) A fire department, including a fire department of a municipality, village or fire protection district, shall register in each municipality in which it provides emergency services.

(4) A registered fire department shall provide the municipality with a list of specific emergency services it will endeavour to provide and the area in which the services will be provided.

(5) Registration continues in force until withdrawn by the municipality for cause or the fire department requests that the registration be revoked.

(6) A municipality may grant or lend money to, or guarantee a loan for, a registered fire department for operating or capital purposes.

(7) A municipality may grant or lend assets, without charge, to a registered fire department.

(8) Registration does not make a fire department an agent of a municipality.

(9) A registered fire department is not a municipal enterprise pursuant to the Municipal Finance Corporation Act.

295 (1) A body corporate may apply to a municipality for registration as an emergency services provider to provide emergency services other than fire services.

(2) A municipality shall not refuse to register a body corporate that complies with this Act if the

(a) municipality is satisfied that the body corporate is capable of providing the services it has undertaken to provide;

(b) body corporate carries liability insurance, as required by the municipality;

(c) body corporate does not provide the emergency services for profit; and

(d) municipality does not provide the same services for the same area.

(3) A body corporate that applies pursuant to subsection (1) shall register in each municipality in which it provides emergency services.

(4) A registered emergency services provider shall provide the municipality with a list of the specific emergency services it will endeavour to provide and the area in which the services will be provided.

(5) Registration continues in force until withdrawn by the municipality for cause or the emergency services provider requests that the registration be revoked.

(6) A municipality may grant or lend money to, or guarantee a loan for, a registered emergency services provider for operating or capital purposes.

(7) A municipality may grant or lend assets, without charge, to a registered emergency services provider.

(8) Registration does not make an emergency services provider an agent of a municipality.

(9) A registered emergency services provider is not a municipal enterprise pursuant to the Municipal Finance Corporation Act.

296 (1) The council may make policies respecting full-time, volunteer and composite fire departments and emergency service providers in the municipality.

(2) Policies for fire departments and emergency service providers may include

(a) requirements and procedures for registration;

(b) personnel policies with respect to those members who are employees of the municipality;

(c) the manner of accounting to the council for the use of funds provided by the municipality;

(d) an annual meeting to report to the public respecting fire and emergency services;

(e) such other matters as are necessary and expedient for the provision of emergency services in the municipality.

(3) The council may require proof of compliance with its policies before advancing any funds.

297 (1) When any fire, rescue or emergency occurs, the fire chief or other officer in charge, and any person under the direction of that officer, shall endeavour to extinguish the fire and prevent it from spreading, conduct the rescue or deal with the emergency and, for that purpose, may

(a) command the assistance of persons present and any inhabitant of the municipality;

(b) remove property from buildings on fire or in danger of fire;

(c) take charge of property;

(d) enter, break into or tear down any building;

(e) exclude and remove persons and vehicles from the building or vicinity; and

(f) generally do all things necessary to respond to the emergency.

(2) It is an offence to disobey any lawful order or command of the officer in charge.

(3) Where a fire alarm is given or the officer in charge has reason to believe that a fire exists on any premises, the officer in charge and any person under the direction of that officer may enter or break into any building for the purpose of ascertaining whether a fire exists.

(4) The officer in charge may direct that a building be pulled down or otherwise destroyed if, in the judgment of that officer, doing so will tend to contain a fire or protect the public from a dangerous condition.

(5) A municipality, a village, a fire protection district, a fire department, an emergency services provider and an officer in charge, and a person acting under the direction or authority of that officer, are not liable for an act done in the exercise of any of the powers conferred by this Section.

298 A member of a fire department authorized by the chief officer may enter a building or premises at any reasonable time for the purpose of determining whether there is a condition likely to increase the risk of fire or to interfere with the escape of the occupants in the event of fire or other emergency.

299 It is an offence to interfere with

(a) efforts of a member of a fire department or emergency services provider to extinguish fires and render assistance in emergencies; and

(b) publicly or privately-owned fire-fighting, rescue or emergency facilities and equipment and hydrants.

300 A municipality, a village, a fire protection district, an employee of a municipality, village or fire protection district, a member of the fire department of a municipality, village or fire protection district, a registered fire department, a member of a registered fire department, a registered emergency services provider and a member of a registered emergency services provider are not liable for an act or omission in providing, or failing to provide, an emergency service, unless they are grossly negligent.

301 (1) No action lies with respect to an act or omission in providing, or failing to provide, an emergency service against an employee of a municipality, village or fire protection district, a member of the fire department of a municipality, village, fire protection district, registered fire department or registered emergency services provider.

(2) Notwithstanding subsection (1) and subject to Section 300, an action may lie against a municipality, village, fire protection district, registered fire department or registered emergency services provider with respect to its employee, member of its fire department or member.

302 (1) A municipality may assist at fires, rescues or other emergencies occurring outside its boundaries.

(2) A municipality may agree with municipalities, villages, fire protection districts, federal and provincial departments and agencies or others to provide assistance at fires, rescues and other emergencies and to receive assistance at fires, rescues and other emergencies.

(3) A fire department that assists a registered fire department pursuant to a mutual aid agreement is not required to register and is entitled to all of the protections provided by this Act for the assisted fire department.

(4) An emergency services provider that assists a registered fire department or registered emergency services provider pursuant to a mutual aid agreement is not required to register and is entitled to all of the protections provided in this Act for the assisted fire department or emergency services provider.

PART XI
ELECTRICAL SERVICES

303 (1) Subject to the Public Utilities Act, a council may contract with Nova Scotia Power Incorporated or another municipality for transmission and supply of electric power.

(2) A municipality that has entered into a contract for electric power or that generates electric power may

(a) use the electric power for the purpose of lighting streets, highways and property of the municipality or for any other purpose of the municipality;

(b) distribute the electric power throughout the municipality;

(c) establish and maintain an electrical distribution system in the municipality;

(d) sell or dispose of the electric power, or any part thereof, to a person or body;

(e) dispose of the whole of the electric power or any portion that it does not require, or otherwise dispose of, to any person, firm or corporation having authority within the municipality to supply electric power or to operate an electric tramway;

(f) employ required employees;

(g) contract for the supply and distribution of electric power in another municipality, if the council of the other municipality agrees;

(h) acquire real and personal property and construct and operate facilities for the generation, transmission and distribution of electric power;

(i) include in its yearly estimates all amounts that are necessary or proper for the due carrying out of the purposes referred to in this subsection.

(3) Any agreement, contract, change in the cost of electric power, payment extension, connection between systems or diversion of power from one system to another is subject to the approval of the Board.

304 (1) The amount due to a municipality for the provision of electrical power is, subject only to municipal taxes, a first lien on the property of the person to whom the electrical power was provided, in priority to all prior liens or encumbrances on the property.

(2) The lien applies only to the amount due to the municipality for a period not exceeding ninety days.

(3) Where a person fails to pay a municipality the amount due for electric power within one month after the account is due, the municipality may cut off the supply of electricity to that person and may recover the amount due up to that time, despite a contract with the person to furnish electric power for a longer period.

305 (1) Nova Scotia Power Incorporated may extend the time for payment of any sum due it by a municipality, provided the municipality pays interest on any sum due Nova Scotia Power Incorporated at such rate of interest, not exceeding seven per cent per annum, as Nova Scotia Power Incorporated may determine.

(2) Nova Scotia Power Incorporated may make any connections between systems to divert power from one system to another system.

(3) The manner of any connection between systems, the amount to be charged to a system receiving power from a connection and the amount to be credited to a system supplying power shall be determined by Nova Scotia Power Incorporated.

306 A municipality may sell its system for developing or distributing electric power, including property used in connection with it.

PART XII
STREETS AND HIGHWAYS

307 In this Part, "street" means a public street, highway, road, land, sidewalk, thoroughfare, bridge, square and the curbs, gutters, culverts and retaining walls in connection therewith, but does not include bridges vested in the Halifax-Dartmouth Bridge Commission and streets vested in Her Majesty in right of the Province.

308 (1) All streets in a municipality are vested absolutely in the municipality.

(2) In so far as is consistent with their use by the public, a council has full control over the streets in the municipality.

(3) No road, or allowance for a road, becomes a street until the council formally accepts the road or allowance, or the road or allowance is vested in the municipality according to law.

(4) Possession, occupation, use or obstruction of a street, or a part of a street, does not give and never has given any estate, right or title to the street.

309 (1) The council may make by-laws for the protection of streets and may limit the by-law to certain streets, or to certain times of the year, or to both.

(2) For the purpose of the Motor Vehicle Act, the council is a local authority.

(3) The council may, by policy, limit or prohibit the use of a mall by vehicles, or classes of vehicles, and may restrict or prohibit parking on a mall.

(4) The council may, by by-law

(a) establish a pedestrian mall on a street or any other land owned by the municipality;

(b) prohibit any person from using any vehicle or apparatus on a sidewalk in the municipality;

(c) prohibit any person from taking or riding any animal on any sidewalk in the municipality;

(d) designate any street as a controlled access street.

(5) No person may

(a) construct or use a road or gate connected with, or opening upon, the controlled access street; or

(b) offer for sale goods within the limit of the controlled access street.

310 (1) The council may, by by-law

(a) require the owner, occupier or person in charge of a property to clear snow and ice from the sidewalks adjoining the property;

(b) prescribe measures to be taken by the owners, occupiers or persons in charge for the abatement of dangerous conditions arising from the presence of snow and ice on the sidewalks adjoining the property.

(2) Where a person required by a by-law made pursuant to subsection (1) fails to clear the ice and snow from the sidewalk forthwith after notice to do so or to take the necessary measures for the abatement of any dangerous condition arising from the presence of the snow and ice, the engineer may have the snow and ice cleared and any necessary measures to abate dangerous conditions taken.

(3) The council may, by by-law

(a) require the owner of a property to remove ice or icicles from part of a building overhanging or abutting a sidewalk;

(b) require the owner of lands abutting a street to maintain an area of vegetation between the streetline and the main travelled way.

311 (1) In this Section, "highway" and "Provincial Traffic Authority" have the same meaning as in the Motor Vehicle Act.

(2) The council may, by policy, appoint a traffic authority for all or part of the municipality.

(3) A traffic authority has, within the municipality, the powers of a traffic authority of a city or town pursuant to the Motor Vehicle Act.

(4) The clerk shall notify the Provincial Traffic Authority of the appointment of a traffic authority.

(5) Where there is no traffic authority appointed by a council, the Minister of Transportation and Public Works may appoint a traffic authority to hold office until the council appoints a traffic authority.

(6) Where it appears to the Minister of Transportation and Public Works that a traffic authority appointed by the council is not performing the duties and functions of a traffic authority, the Minister of Transportation and Public Works may cancel the appointment of the traffic authority.

(7) The Provincial Traffic Authority has, with respect to

(a) highways vested in Her Majesty in right of the Province;

(b) highways in areas of a municipality for which there is no traffic authority; and

(c) highways in a municipality that have been designated by the Minister of Transportation and Public Works as main travelled or through highways,

the powers conferred upon a traffic authority by or pursuant to the Motor Vehicle Act.

(8) The traffic authority for a municipality has, with respect to highways in the municipality, excluding those for which the Provincial Traffic Authority has authority, the powers conferred upon a traffic authority by or pursuant to the Motor Vehicle Act.

312 (1) A council may design, lay out, open, expand, construct, maintain, improve, alter, repair, light, water, clean, and clear streets in the municipality.

(2) When a street is laid out, opened or expanded, a survey plan shall be filed in the registry.

(3) The council may expend funds for the purpose of clearing snow and ice from the streets, sidewalks and public places in all, or part, of the municipality.

313 (1) The council may

(a) by by-law, adopt a system for assigning civic numbers to buildings;

(b) by by-law, require owners or occupiers of property to post the correct civic number prominently on their properties, with power to prescribe the size, design and location of the civic number that the owner or occupier is so required to post, and the manner in which it is posted;

(c) by policy, name or rename any street or private road;

(d) post the name of any street or private road, including posting the name on private property;

(e) by by-law, require the owner of land that is a private road to

(i) apply for permission to erect a sign or signpost that identifies the road by the name assigned to it pursuant to clause (c) to any person or authority whose permission is required by law to erect the sign or signpost and use the owner's best efforts to obtain such permission, and

(ii) erect a sign or signpost of such size and design, in such location and in such a manner as is prescribed by the by-law, where permission is obtained to erect the sign or signpost in accordance with subclause (i).

314 (1) Where any part of a street, other than the travelled way, has been built upon and it is determined that the encroachment was made in error, the engineer may permit, in accordance with any by-law made pursuant to subsection (2), the encroachment to continue until such time as the building or structure encroaching upon the street is taken down or destroyed.

(2) A council may, by by-law, regulate encroachments upon, under or over streets, including stipulating the period of time an encroachment may remain and the entering into of agreements, including terms and conditions, for particular encroachments.

315 (1) The council may, by policy, permanently close any street or part of a street and the council shall hold a public hearing before passing the policy.

(2) The council shall give notice of its intent to close the street by advertisement in a newspaper circulating in the municipality.

(3) The notice shall set out the time and place of the public hearing at which those in favour or opposed to the street closing will be heard and describe the street to be closed sufficiently to identify it.

(4) A copy of the notice shall be mailed to the Minister of Transportation and Public Works before the public hearing.

(5) A copy of the policy passed by the council, certified by the clerk under the seal of the municipality, incorporating a survey or a metes and bounds description of the street that is closed, shall be filed in the registry and with the Minister of Transportation and Public Works.

(6) Upon filing the policy in the registry, all rights of public user in the land described in the policy are forever extinguished and the municipality may sell and convey the land or may subsequently reopen the land as a street in the manner required by this Act.

316 Where a council determines that wires and other parts of an electrical distribution or telecommunications system be placed underground, the council may contribute to the cost.

317 (1) No person shall break the surface of a street without the permission of the engineer.

(2) A council may, by policy, prescribe the terms upon which a permit to break the surface of a street may be granted, including setting a fee for the permit and requiring security to be posted to ensure that the street is restored.

(3) No person shall construct or widen a driveway, or other access to a street, without the permission of the engineer.

318 (1) No person shall

(a) obstruct a street in a municipality;

(b) erect, construct or place a building or structure, fence, railing, wall, tree or hedge or part of them upon a street;

(c) deposit any snow or ice on the travelled way of a street;

(d) deposit any snow or ice near a portion of the travelled way of a street so as to hinder clearing of the travelled pathway;

(e) prevent water flowing from a street on to the adjoining land;

(f) cause or permit water to flow over a street, except as directed by the engineer or council;

(g) deposit, or permit to accumulate, sewage, refuse, garbage, rubbish or other matter on a street or in a drain, gutter, sluice or watercourse on a street; or

(h) cause or permit sewage, refuse, garbage, rubbish or any other matter to discharge or flow upon a street or into a drain, gutter, sluice or watercourse on a street.

(2) An owner or occupant of land who collects water upon the land and turns or allows the water to flow upon a street is liable for all damage to the street, gutters or drains occasioned thereby.

(3) Where, as a result of the collection of the water, the flow requires, in the opinion of the engineer, the construction of a larger drain, sluice or culvert on the street, or makes necessary any alteration in the street or the building of new drains, sluices or culverts, the person is liable to pay the cost of the alteration or construction.

(4) Where a person is in apparent contravention of this Section, the engineer may serve notice on the person to remedy the contravention and, where the condition is not remedied within the time specified in the notice, the engineer may cause the condition to be remedied.

(5) Where an obstruction is a structure of any kind, the engineer may require the owner of the structure to remove the structure from the street within such time as the engineer specifies.

(6) Where the structure is not removed within the time specified, the engineer may remove, demolish or destroy the structure in such manner as is deemed expedient.

319 Section 78 of the Public Utilities Act applies to the erection or placement of a pole, wire, conduit or pipe in, upon, along, under or across a street.

320 (1) The engineer may require an owner or occupant of land adjoining a street to remove a sign or billboard on the land that, in the opinion of the engineer, is a source of danger to traffic on the street.

(2) Where the owner of the land fails to remove the sign or billboard within fourteen days after receipt of notice from the engineer, the engineer may cause the sign or billboard to be removed.

321 (1) The engineer may require an owner or occupant of land adjoining a street to remove or trim a tree, bush, shrub, hedge or other vegetation that, in the opinion of the engineer, is a source of danger to traffic on the street.

(2) Where the owner of the land fails to remove or trim the vegetation within fourteen days after receipt of notice from the engineer, the engineer may cause the vegetation to be removed or trimmed.

322 The engineer may

(a) permit a person to use a portion of a street for construction or other temporary purpose;

(b) temporarily close a street, or part thereof, for the protection of the public, to allow work to be done on the street or on lands and buildings adjacent to the street or for any other purpose beneficial to the public interest.

323 (1) The engineer may

(a) enter upon land adjoining a street and erect and maintain snow fences on it or take down, alter or remove a fence or obstruction of any kind that causes drifts or an accumulation of snow so as to impede or obstruct traffic;

(b) at any time and from time to time, construct, open, maintain or repair a drain, gutter, sluice or watercourse upon land adjoining a street and for such purpose may, at any time and from time to time, enter into and upon such land.

(2) A person who hinders or obstructs the engineer in the exercise of a power or authority conferred by this Section is guilty of an offence.

324 A by-law passed pursuant to this Part is not subject to the Motor Vehicle Act.

PART XIII
SOLID-WASTE RESOURCE MANAGEMENT

325 The council may make by-laws respecting solid waste, including, but not limited to,

(a) prohibiting persons from depositing any solid waste except at a solid-waste management facility;

(b) regulating the disposal, collection and removal of solid waste;

(c) regulating the use of containers for solid waste;

(d) licensing persons engaged in the business of removing or collecting solid waste, regulating the operation of the business and prohibiting, in whole or in part, the operation of such a business by a person not holding a licence;

(e) prescribing the materials that may or may not be deposited at a solid-waste management facility of the municipality or in which the municipality participates;

(f) prescribing the terms and conditions under which a deposit may be made at a solid-waste management facility of the municipality or in which the municipality participates, including the amount and manner of payment of any fees and charges to be paid for the deposit;

(g) requiring the separation of solid waste prior to collection;

(h) setting fees or charges for removal of solid waste;

(i) requiring compliance with a waste resource diversion strategy;

(j) respecting anything required to implement the integrated solid-waste resource management strategy of the municipality.

326 (1) A municipality may provide compensation to an area, to the property owners in an area or to the residents of an area in which a solid-waste management facility is located in amounts, and under the conditions, determined by the council.

(2) A municipality may contract with other municipalities or persons for the use of any component of its solid-waste management program.

PART XIV
SEWERS

327 No person shall injure or remove any portion of wastewater facilities or a stormwater system, except as directed by the engineer.

328 (1) The council may, by policy, prescribe standards and specifications for connections to wastewater facilities and stormwater systems and the conditions under which connections may be made.

(2) No person shall make a connection to wastewater facilities or a stormwater system

(a) in violation of any policy or by-law made pursuant to this Act;

(b) without the approval of the engineer.

329 (1) An owner is responsible for the design, construction and maintenance of that part of a building service connection determined by the council by by-law, whether on privately-owned property or not.

(2) The construction of a building service connection is subject to the supervision of the engineer.

(3) A building service connection shall be of the size and at the grade, and with the mode of piercing or opening into the sewer, and generally be constructed in the manner and of the materials approved by the engineer.

(4) No building service connection shall be covered in until it is inspected and approved by the engineer.

(5) Where the owner, or an agent of the owner, covers in a building service connection before it is inspected and a certificate of approval issued, the engineer may open it for the purpose of inspection.

(6) The engineer may repair or replace a building service connection with the consent of the owner and at the expense of the owner.

330 (1) When a sewer connection is abandoned, the owner shall effectively block up the connection at the sewer in a manner approved by the engineer.

(2) The blocking up shall be inspected and approved by the engineer before it is covered.

(3) Where the owner or the owner's agent covers in a blocked sewer connection before it is inspected and a certificate of approval issued, the engineer may open it for the purpose of inspection.

(4) Where the owner does not effectively block up a sewer connection within twenty-four hours from the receipt of a notice from the engineer to do so, the engineer may cause it to be done.

331 (1) Where a building service connection or special sewer connection is causing a municipal sewer to malfunction and repairs to the connection would result in the malfunction being cured, the engineer may require the owner of the property in which any portion of the connection which requires repairs is located to complete the repairs within a reasonable time specified by the engineer.

(2) Where the repairs required are not completed by the owner within the time specified, the engineer may cause the repairs to be completed.

332 (1) The engineer may give notice in writing to an owner of property that may be served by a sewer requiring that owner, within the time specified in the notice, to connect with the municipal sewer by a building service connection.

(2) The engineer may require an owner to repair, reconstruct or replace a building service connection.

(3) If a building service connection is not laid, built and connected with the municipal sewer or any other work in connection with the building service connection is not done to the satisfaction of the engineer, the engineer shall, in writing, notify the owner of the property served or to be served by the building service connection to that effect, specifying in what particulars the work is unsatisfactory, and if the owner fails to perform the work to the satisfaction of the engineer within seven days from the receipt of the notice, the engineer may perform the necessary work.

333 (1) No person shall permit the discharge into wastewater facilities or a stormwater system of a municipality or into wastewater facilities or a stormwater system or building service connection connecting with the wastewater facilities or stormwater system of a municipality of

(a) a liquid or vapour having a temperature higher than that specified by the council, by by-law;

(b) inflammable or explosive matter;

(c) a quantity of matter capable of obstructing the flow in, or interfering with, the proper operation of a part of the sewage works and treatment process;

(d) sewage that has any corrosive property that could be hazardous to structures, equipment or personnel;

(e) sewage of such quality that an offensive odour or foam could emanate from the wastewater facilities system or that could cause a nuisance;

(f) sewage containing fish or animal offal or pathological or medical wastes;

(g) the contents of septic tanks, holding tanks or wastes from marine vessels or vehicles or sludge from sewage treatment plants;

(h) sewage containing animal fats, wax, grease or vegetable oil in liquid or solid form in concentrations exceeding those specified by the council, by by-law;

(i) sewage containing herbicides, pesticides, xenobiotics, polychlorinated biphenols or radioactive materials that are not approved for disposal in a sanitary sewer by the Atomic Energy Control Board of Canada;

(j) sewage in concentrations of suspended solids that exceed the limit specified by the council by by-law;

(k) sewage that exerts or causes biological oxygen demand and chemical oxygen demand greater than amounts specified by the council, by by-law, or chlorine requirements in such quantities as to constitute a significant load on the sewage treatment facilities;

(l) sewage that contains toxic substances at the point of discharge to the municipal sewer in excess of the concentrations specified by the council, by by-law;

(m) sewage containing substances for which special treatment or disposal practices are required by any applicable enactments of Canada or the Province,

and compliance with any limit is not attainable simply by dilution.

(2) The council may, by by-law

(a) prohibit the discharge of named substances into any building service connection, wastewater facilities or stormwater system;

(b) prescribe conditions under which the discharge of contaminants set out in this Section or in a by-law may be permitted, and shall in the by-law set out the contaminant the discharge of which is permitted, and the requirements of any agreements with respect to it;

(c) prescribe methods of testing and measurement to ensure compliance with this Part and any by-law.

(3) A treatment or flow quantity control equalizing facility installed pursuant to a by-law or an agreement made pursuant to this Section shall be maintained by the owner of the property on which it is installed at the expense of the owner.

334 (1) The engineer may require an owner of land that is connected to wastewater facilities or a stormwater system of the municipality to provide grease, oil and sand interceptors.

(2) All interceptors shall be of a type and capacity approved by the engineer and shall be located so as to be readily and easily accessible for cleaning and inspection.

(3) Grease and oil interceptors shall be constructed of impervious materials capable of withstanding abrupt and extreme changes in temperature and shall be of substantial construction, watertight and equipped with easily removable covers which when bolted in place are gastight and watertight.

(4) Where the interceptors required are not provided by the owner within the time referred to in the notice, the engineer may cause the interceptors to be provided.

335 (1) The engineer may require the owner of an industrial, commercial or institutional property served by a building service connection to install a suitable control service access in the building service connection to facilitate observation, sampling and measurement of the wastes.

(2) The control service access shall be located and constructed in accordance with plans approved by the engineer.

(3) The control service access shall be installed by the owner at the owner's expense and shall be maintained by the owner so as to be safe and accessible at all times.

(4) Where the control service access required is not provided by the owner within the time required by the engineer, the engineer may cause the control service access to be installed.

336 A municipality may, by by-law, require owners of private on-site sewage disposal systems to have the systems pumped, emptied, cleaned, checked and maintained in accordance with the standards set out in the by-law.

337 (1) Where a municipal sewer becomes available to a property served by a private on-site sewage disposal system, the engineer may require the owner of the property to connect the property to the municipal sewer.

(2) Upon receipt of a notice from the engineer requiring a connection, the owner shall, within the time specified in the notice, cause the property to be connected to the municipal sewer by a building service connection.

(3) The owner shall cause any septic tank, cesspool, privy or private on-site sewage disposal system on the property to be abandoned and removed or filled with suitable material in a manner acceptable to the engineer.

(4) Where the owner of a property is notified by an official of the municipality or an official of the Province, pursuant to a by-law or an enactment, to remove or close up a cesspit, septic tank, privy or private on-site sewage disposal system on the property, and the owner fails to comply with the notice, or where the owner of a property fails to comply with a notice requiring the construction of a building service connection in accordance with this Act, the engineer may cause to be done all work necessary for compliance with the notice.

(5) The engineer may require, as a part of the work necessary for compliance, the installation of a suitable water closet and its connection with a municipal sewer.

338 No person shall

(a) permit stormwater, surface water, ground water, roof runoff, subsurface drainage, cooling water or industrial process waters to be discharged into a sanitary sewer;

(b) connect a sump pump to a sanitary sewer;

(c) discharge sewage anywhere except into a municipal sewer, private on-site sewage system or central sewage collection and treatment system;

(d) permit any contents of a septic tank or cesspit to be discharged into a municipal sewer or watercourse.

339 (1) A person who owns, maintains or operates private wastewater facilities or who owns or occupies land on or under which there is private wastewater facilities shall maintain and operate the system in such a manner that

(a) a danger to the public health is not created by the system;

(b) sewage or effluent from the system does not appear on the surface of the ground, or in any ditch, excavation or building basement;

(c) sewage or effluent from the system does not appear in any well or in any body of water from which water is used for drinking purposes;

(d) sewage or effluent from the system does not leak from any part of the system; and

(e) offensive odours are not emitted from the system.

(2) Where a person who owns, maintains or operates private wastewater facilities or who owns or occupies land on or under which there is private wastewater facilities fails or neglects to maintain or operate the system in the manner prescribed, the engineer may cause to be served upon that person a notice requiring that the failure or neglect be corrected in the manner set out in the notice within seven days from the service of the notice.

(3) Where the failure or neglect is not corrected in accordance with the terms of the notice and within the time prescribed in the notice, the engineer may cause to be done all work necessary for compliance with the notice.

340 (1) Where a municipal sewer becomes available to a property served by private wastewater facilities, the engineer may require the owner of the property to connect the property to the municipal sewer.

(2) Upon receipt of a notice from the engineer requiring a connection, the owner shall, within the time specified in the notice, cause the property to be connected to the municipal sewer by a building service connection.

(3) The owner shall cause any private wastewater facilities or any portion of it on the property to be abandoned and removed or filled with suitable material.

(4) Where the owner of a property fails to comply with a notice of the engineer pursuant to this Section, the engineer may cause to be done all work necessary for compliance with the notice.

341 (1) When a municipal sewer becomes available to all the properties served by private wastewater facilities, the person who owns, maintains or operates the private wastewater facilities shall cause it to be abandoned and removed or filled with suitable material.

(2) Where the person who owns, operates or maintains the private wastewater facilities fails to comply with subsection (1), the engineer may cause to be done all work necessary for compliance.

342 (1) A council may, by by-law, establish wastewater management districts.

(2) A by-law establishing a wastewater management district shall include

(a) the boundaries of the wastewater management district;

(b) the system of wastewater management to be used in the district; and

(c) the extent to which the municipality is responsible for the repair, upgrading or replacement of private and municipal sewer systems.

(3) Where the council has established a wastewater management district, the municipality, its servants and agents may enter on any property within the wastewater management district to repair, upgrade or replace a public or private wastewater system and may, in accordance with the by-law, charge any or all of the costs to the owners of the property served by the system.

343 (1) A council may make by-laws,

(a) setting standards and requirements respecting stormwater management;

(b) requiring stormwater to be directed to or retained in areas specified in the by-laws;

(c) setting standards and requirements respecting the design, construction and installation of stormwater systems and related services and utilities;

(d) providing further criteria for the approval of stormwater systems that do not meet the standards and requirements set by by-law, but that are an improvement over an existing stormwater system;

(e) regulating the use and maintenance of municipal and private stormwater systems;

(f) providing for the protection of municipal and private stormwater systems;

(g) prescribing when connection of stormwater systems to a municipal stormwater system is required;

(h) providing for exemptions from the requirement to connect stormwater systems to a municipal stormwater system;

(i) prescribing the circumstances under which the engineer may undertake the work required to connect stormwater systems to a municipal stormwater system;

(j) regulating and setting standards for drainage;

(k) regulating and setting standards for grading, describing when the standards and requirements shall be met, and exempting those classes of lots described in the by-law;

(l) prohibiting the issuance of any municipal permits or approvals where a by-law pursuant to this Part is not complied with and prescribing conditions under which, in such cases, the issuance of permits or approvals may be allowed, and any conditions that may be attached to them;

(m) regulating and setting standards with respect to the alteration, diversion, blocking or infilling of stormwater systems.

(2) The engineer may direct a person to comply with a by-law made pursuant to this Section and may direct restoration to the original condition if any work is done contrary to the by-law.

(3) Where the engineer undertakes the work required to connect stormwater systems to a municipal stormwater system pursuant to a by-law, the cost may be recovered from the owner of land which the stormwater system benefits and is a first lien on that land.

PART XV
DANGEROUS OR UNSIGHTLY PREMISES

344 Every property in a municipality shall be maintained so as not to be dangerous or unsightly.

345 (1) The council may, by policy, delegate some or all of its authority pursuant to this Part, except the authority to order demolition, to the administrator.

(2) The council may, by policy, delegate its authority pursuant to this Part, or such of its authority as is not delegated to the administrator, to a community council or to a standing committee, for all or part of the municipality.

346 (1) Where a property is dangerous or unsightly, the council may order the owner to remedy the condition by removal, demolition or repair, specifying in the order what is required to be done.

(2) An owner may appeal an order of the administrator to the council or to the committee to which the council has delegated its authority within seven days after the order is made.

(3) Where it is proposed to order demolition, before the order is made not less than seven days notice shall be given to the owner specifying the date, time and place of the meeting at which the order will be considered and that the owner will be given the opportunity to appear and be heard before any order is made.

(4) The notice may be served by being posted in a conspicuous place upon the property or may be personally served upon the owner.

347 (1) A municipality may apply to a court of competent jurisdiction for a declaration that a property is dangerous or unsightly and an order specifying the work required to be done to remedy the condition by removal, demolition or repair.

(2) The court may order any property found to be dangerous or unsightly to be vacated until the condition is remedied.

(3) The court may, where any property is found to be dangerous or unsightly, order that no rent becomes due, or is payable by, any occupants until the condition is remedied.

348 (1) In this Section, "order" means an order made by the administrator, committee, council or court pursuant to this Part.

(2) An order may be served by being posted in a conspicuous place upon the property or may be personally served upon the owner.

(3) Where the owner fails to comply with the requirements of an order within thirty days after service, the administrator may enter upon the property without warrant or other legal process and carry out the work specified in the order.

(4) After the order is served, any person who permits or causes a dangerous or unsightly condition, continues to permit or cause a dangerous or unsightly condition or who fails to comply with the terms of the order is liable, on summary conviction, to a penalty of not less than one hundred dollars and not more than five thousand dollars, and in default of payment to imprisonment for not more than three months.

(5) Every day during which the condition is not remedied is a separate offence.

(6) Where an order requires the demolition or removal of a building, the administrator may cause the occupants to be removed, using force if required, in order to effect the demolition or removal.

349 (1) A property within a municipality that is unsafe shall be vacated forthwith upon order of the administrator.

(2) The administrator shall post notice that the property is unsafe in a conspicuous place on the property.

(3) The notice shall remain posted until the unsafe condition is remedied.

350 Where public safety requires immediate action, the administrator may immediately take the necessary action to prevent danger or may remove the dangerous structure or condition.

351 Where land is sold for non-payment of taxes and the period for its redemption has not expired, proceedings may be taken in respect of the repair, removal or destruction of any structure on the land by reason of its condition, and where the purchaser of the land is

(a) the municipality, any notice required to be given with respect to an order for removal or destruction shall be given to the person who was entitled to receive it immediately before the day on which the land was sold; and

(b) any person other than the municipality, the notice shall be given to both the person entitled to receive it immediately before the day on which the land was sold and the purchaser at the tax sale.

352 (1) The administrator may, for the purpose of ensuring compliance with this Part, enter in or upon any land or premises at any reasonable time without a warrant.

(2) Except in an emergency, the administrator shall not enter any room or place actually being used as a dwelling without the consent of the occupier unless the entry is made in daylight hours and written notice of the time of the entry has been given to the occupier at least twenty-four hours in advance.

(3) If a person refuses to allow the administrator to exercise, or attempts to interfere or interferes with the administrator in the exercise of a power pursuant to this Act, the administrator may apply to a judge of the Supreme Court of Nova Scotia for an order to allow the administrator entry to the building and an order restraining a person from further interference.

353 No action shall be maintained against a municipality or against the administrator or any other employee of a municipality for anything done pursuant to this Part.

PART XVI
BOUNDARIES

354 (1) The boundaries of the Cape Breton Regional Municipality are the boundaries of the County of Cape Breton, unless altered by the Board pursuant to this Act.

(2) The boundaries of the Halifax Regional Municipality are the boundaries of the County of Halifax, unless altered by the Board pursuant to this Act.

(3) The boundaries of the Region of Queens Municipality are the boundaries of the County of Queens, unless altered by the Board pursuant to this Act.

(4) The boundaries of a regional municipality incorporated pursuant to this Act are the boundaries set out in the order establishing the regional municipality, unless altered by the Board pursuant to this Act.

(5) The boundaries of a county or district municipality continue to be as they were on July 1, 1996, unless altered by the Board pursuant to this Act or a


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.