(ag) a system for providing electric light and power;
(ah) parking lots and parking structures;
(ai) wharves and public landings;
(aj) constructing, maintaining and repairing streets, sidewalks, curbs, gutters and other improvements to streets and highways, provided that no improvement shall be constructed without the permission of the owner of the street or highway;
(ak) doing all things necessary or incidental to the exercise of any of the powers and duties of the village.
(2) The village may extend, construct, alter, improve, maintain and operate the wastewater facilities, stormwater system, water system or electric light system of the village outside the limits of the village and may enter into contracts to supply the services outside the village.
(3) The village may charge for any service provided outside the village in the same manner in which the service is charged for in the village provided that any rates subject to the approval of the Board are approved by the Board.
424 A village has the same powers of expropriation as a municipality, and shall follow the same procedure.
425 (1) A village may assist at fires, rescues or other emergencies occurring outside its boundaries.
(2) A village may agree with municipalities, villages, 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.
426 A village commission may make by-laws for
(a) regulating proceedings and preserving order at meetings of the village commission;
(b) the government and procedure of meetings of the electors of the village;
(c) regulating the management, and providing for the security of, public property of any kind belonging to the village, and providing for the permanent improvement of the village in all matters ornamental as well as useful;
(d) protecting and preventing injury to streets, squares, sidewalks and pavements and to the posts, railings, trees and ornaments of the village;
(e) regulating or protecting drains, sewers or watercourses in the village;
(f) providing for any other purpose, matter or thing within the powers, duties or control of the commissioners.
427 (1) The commission 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 village clerk may have the snow and ice cleared and any necessary measures to abate dangerous conditions taken and the cost of the work, with interest at the rate determined by the village commission, from the date of the completion of the work until the date of payment, is a first lien on the property.
(3) The commission 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.
428 (1) The village commission may make by-laws imposing, fixing and providing methods of enforcing payment of charges for
(a) wastewater facilities or stormwater systems, for the use of wastewater facilities or stormwater systems, and for connecting to wastewater facilities or stormwater systems;
(b) expenditures incurred for the wastewater management system in a wastewater management district;
(c) the village portion of the capital cost of installing a water system;
(d) laying out, opening, constructing, repairing, improving and maintaining streets, curbs, sidewalks, gutters, bridges, culverts and retaining walls whether the cost is incurred by the village directly or by, or pursuant to, an agreement with Her Majesty in right of the Province, the Minister of Transportation and Public Works or any person;
(e) the village portion of the capital cost of placing the wiring and other parts of an electrical distribution system underground;
(f) a special purpose tax account to provide for future expenditures for wastewater facilities, stormwater systems, water systems, transportation facilities or other anticipated capital requirements.
(2) The village commission may, by by-law
(a) define classes of buildings to be erected or enlarged according to the varying loads that, in the opinion of the village commission, the buildings impose or may impose on the sewer system and levy a one-time redevelopment charge to pay for additional or trunk sanitary or storm sewer capacity required to accommodate the effluent from the buildings;
(b) impose a one-time oversized sewer charge on each property determined by the village commission to benefit from a sewer in the future to recover the cost of making the sewer an oversized sewer, and provide that the oversized sewer charge is not payable until the property is serviced by a sanitary sewer or a storm sewer;
(c) levy a one-time storm drainage charge on the owner of each lot of land in a drainage management area for which an application is made for a development permit to allow, on the lot, a development of a class designated by the village commission in the by-law.
(3) A by-law made pursuant to this Section may provide
(a) that the charges fixed by, or determined pursuant to, the by-law may be chargeable in proportion to frontage, in proportion to area or in proportion to the assessment of the respective properties fronting on the street or according to another plan or method set out in the by-law;
(b) that the charges may be made and collected only where the persons, owning more than fifty per cent of the frontage of the real property fronting on the street or the portion of a street on which the work has been performed, have filed with the clerk a petition requesting that the work be performed;
(c) that the charges may be different for different classes of development and may be different in different areas of the village;
(d) when the charges are payable;
(e) for total or partial exemption of persons and land from the charge and for adjustments to be made with respect to lots of land or developments where the proposals or applications change in order to reflect the changing nature of lots or developments;
(f) that the charges are first liens on the real property and may be collected in the same manner as other taxes;
(g) that the charges be collectable in the same manner as taxes, and at the option of the treasurer be collectable at the same time and by the same proceedings as taxes;
(h) a manner for determining when the lien becomes effective or when the charges become due and payable;
(i) that the amount payable may, at the option of the owner of the property, be paid in the number of annual installments set out in the by-law, and on default of payment of any installment the balance becomes due and payable;
(j) that interest is payable annually on the entire amount outstanding and unpaid, whether or not the owner has elected to pay by installments, at a rate and beginning on a date fixed by the by-law.
(4) For greater certainty, no property is exempt from a charge levied pursuant to this Section, except property of Her Majesty in right of the Province.
429 (1) A village commission has the powers of a municipality to make by-laws pursuant to this Act for tax reductions, exemptions and deferrals.
(2) A by-law passed pursuant to subsection (1) does not require the approval of the Minister.
430 (1) Where a village is operating a sewer or drainage system, the village commission may, by by-law, require the owner of every building to connect to the sewer line in the manner prescribed in the by-law, and may exempt from the requirement buildings that
(a) are adequately served with sewer and drainage;
(b) do not require sewer service; or
(c) would not be adequately or practically served by connection with the sewer line.
(2) The by-law may require the owner of a septic tank or outhouse to remove and destroy the septic tank or outhouse and to fill any resulting cavity when the building served by the septic tank or outhouse is connected or required to be connected with the sewer.
(3) The village commission may serve notice on an owner requiring the owner to comply with the by-law, and any person who does not comply with the notice within thirty days is guilty of an offence.
431 (1) Except as otherwise provided, the village commission may, by by-law, prescribe a maximum penalty, not exceeding five thousand dollars, for the violation of a by-law of the village and may, in the by-law, provide that in default of payment of the penalty the offender may be imprisoned for not more than ninety days.
(2) The village commission may, by by-law, prescribe a minimum penalty not exceeding one hundred dollars for the violation of a by-law of the village.
(3) Where no penalty for violation of a by-law of a village is prescribed, every person who violates a by-law is liable upon summary conviction, to a penalty of not more than five thousand dollars and in default of payment, to imprisonment for a period of not more than ninety days.
(4) Every day during which a contravention of or failure to comply with a by-law of a village continues is a separate offence.
432 (1) All penalties for violations of a by-law of a village shall, when collected, be paid to the village.
(2) A penalty pursuant to a by-law of the village, if no other provision is made respecting it, belongs to and forms part of the general revenue of the village.
433 (1) Except as otherwise specified in the enactment authorizing the by-law, every by-law made by a village commission pursuant to the authority of this Act or another Act of the Legislature is subject to the approval of the Minister and, when so approved, has the force of law.
(2) The Minister may subsequently revoke approval of a by-law, or part of the by-law and, after such revocation, the by-law or the part in respect of which approval is revoked is repealed.
(3) Two copies of every by-law enacted by a village commission shall be certified by the clerk to be true copies and shall be provided to the Minister.
434 (1) The village commission shall keep one copy of every by-law, certified by the village clerk under the seal of the village that it was passed or made and, in the case of a by-law requiring the approval of the Minister, bearing the approval of the Minister.
(2) The by-law records shall be maintained by the village clerk.
(3) The original by-laws shall be open to inspection by any person at any reasonable time, but shall not be removed from the office of the village and the production of the original by-law in a court may not be required on subpoena but only upon order of the court or a judge after satisfactory cause is shown.
(4) The village clerk shall print all of the by-laws of the village from time to time in force and shall keep printed copies of the by-laws, amended to date, for sale.
(5) The village clerk shall provide a copy of any by-law amended to date to any person requesting one, at a reasonable price, having regard to the cost of printing.
435 (1) A copy of any by-law made pursuant to this Act or another Act of the Legislature purporting to be certified by the village clerk under the seal of the village to be a true copy of a by-law passed by the village commission and having received all necessary approvals shall be received in evidence as prima facie proof of its passing, its having received all necessary approvals, its being in force and the contents of it without any further proof in any court, unless it is specially pleaded or alleged that the seal or the signature of the village clerk is forged.
(2) Printed documents certified by the village clerk purporting to be printed copies of any or all by-laws passed by the village commission shall be admitted in evidence in all courts in the Province as prima facie proof of the by-laws and of the due passing of them.
436 A village may apply to a judge of the Supreme Court of Nova Scotia for an injunction or other order, and the judge may make any order that the justice of the case requires, if
(a) a building is erected, is being erected or is being used in contravention of a by-law of the village;
(b) land is being used in contravention of a by-law of the village;
(c) a breach of a by-law is anticipated or is of a continuing nature; or
(d) a person is carrying on business or is doing any thing without paying the licence or permit fee required.
437 (1) A person may, by notice of motion, apply to a judge of the Supreme Court of Nova Scotia to quash a by-law, order, policy or resolution of the village commission, in whole or in part, for illegality.
(2) No by-law may be quashed for a matter of form only or for a procedural irregularity.
(3) The judge may quash the by-law, order, policy or resolution in whole or in part and may, according to the result of the application, award costs for or against the village and may determine the scale of the costs.
(4) The notice of motion shall be served at least seven days before the day on which the motion is to be made.
(5) No application pursuant to this Section to quash a by-law, order, policy or resolution, in whole or in part, shall be entertained unless the application is made within three months after the publication of the by-law or the making of the order, policy or resolution.
438 (1) A village may borrow the sums necessary to carry out any village service.
(2) No money shall be borrowed by a village until the proposed borrowing is approved by a meeting of the electors of the village and by the Minister.
(3) The procedures for borrowing by a village are the same as for a municipality.
439 (1) The village commission, before the annual meeting in each fiscal year, shall make estimates of all sums required for the lawful purposes of the village for the then current fiscal year after crediting the probable revenue from all sources other than rates, including any subsidy allowed by the council of the municipality within which the village is situate, and making due allowance for the abatement and losses which may occur in the collection of the taxes and for taxes for the current fiscal year which may not be collected or collectable.
(2) In preparing the estimates, the village commission shall include all sums which are required for the retirement of debenture debt, or debenture interest, or sinking fund deposits, if any, in respect of all debentures issued by the municipality for or on behalf of the village.
(3) The village commission shall authorize the levying and collecting of a rate of so much on the dollar on the assessed value of the taxable property and occupancy assessment in the village as shown on the then current assessment roll of the municipality as the village commission deems sufficient to raise the sum required to defray the expenditures for the then current fiscal year and any deficit from any preceding fiscal year.
(4) The amount rated upon each ratepayer shall be collected in the same manner as municipal rates and taxes with the same rights and remedies in the event of default of payment.
(5) Where the assessment for municipal purposes covers property in part outside the limits of the village, the village commission may allow such abatement of rates as the commission deems just.
(6) Where any expenditure is incurred for defraying the expenses of providing and operating a waterworks system, the amount of the expenditure shall be paid out of the revenue received from the operation of the system pursuant to the Public Utilities Act so far as that revenue extends, and any deficit thereafter may be rated and collected.
440 (1) A village has the same power to prescribe due dates, installment billing, interest, penalties and discounts as a municipality.
(2) A village has the same powers as a municipality to collect taxes.
(3) Village taxes are a first lien on the property with respect to which they are levied.
441 (1) A village may, with the consent of the municipal council, delegate its powers of tax collection to the municipality within which it is situate.
(2) Where a village delegates its powers of tax collection to a municipality, the village clerk shall provide the municipal treasurer with a requisition for the amount required for the current fiscal year and a list of the taxpayers of the village.
(3) Where any part of the amount required is an area charge, the requisition shall state the amount to be raised as an area charge and the taxpayers liable for the charge.
(4) Where a property is partly within the village and partly outside, the list shall show what proportion has been allowed as an abatement.
(5) Where a requisition and list are furnished to the municipal clerk pursuant to a delegation of tax collection powers agreed to by the municipal council, the sums required by the village, for the purposes of the village, shall be levied and collected by the municipality in the same manner as if the amounts were area rates.
(6) After making an allowance for the abatement, losses, expenses, discounts and commissions which may occur in the collection of the taxes and for taxes for the current fiscal year which may not be collected or collectable, the amount set out in the requisition shall be paid over by the treasurer of the municipality to the village in installments from time to time as requested by the chairman.
(7) In determining the rate of taxation required to levy and collect the amount of the requisition, the municipality shall not be bound by the list of ratepayers provided by the village, but may use such other information as is available to it.
442 Where the village incurs an expenditure in an area of the village, the village commission may direct that the amount of the expenditure, together with an allowance for the abatement, losses and expenses which may occur in the collection and for amounts which may not be collected or collectable, be rated and collected by a rate of so much on the dollar on the assessed value of the property in the area as shown on the then current assessment roll of the municipality, and the amount so rated shall be collected in the same manner as other rates of the village.
443 The village commission may, from time to time, borrow for the purpose of defraying the annual current expenditure of the village and the interest on the loans shall be added to the current expenses for the fiscal year, provided that the loans shall not in the aggregate at any time exceed fifty per cent of the total amount of taxes levied for the current fiscal year.
444 (1) A village shall maintain a capital reserve fund.
(2) The capital reserve fund of a village is subject to the same requirements and limitations as the capital reserve fund of a municipality.
(3) The village shall pay into a capital reserve fund the proceeds from the sale of any property of the village and the proceeds of any fire or other insurance.
445 (1) A village shall appoint an auditor who shall be a person registered as a municipal auditor.
(2) A village auditor has the powers and duties of the auditor of a municipality.
446 With the consent of the Minister a village commission may sell any real or personal property at market value when the property is no longer required for the use of the village, or may lease any real or personal property for market value, but the consent is not required if the property so leased or sold does not exceed twenty-five thousand dollars in value.
447 (1) An application to change the boundaries of a village may be made to the Board by
(a) the village commission; or
(b) an owner of real property in the area proposed by the owner to be added to, or taken from, the village.
(2) An application to the Board by the village commission to change the boundaries shall be accompanied by
(a) a description of the boundary change; and
(b) a petition of two thirds of the owners of real property in the area proposed to be added to, or taken from, the village, approving of the change.
(3) An application to the Board by an owner of real property in the area proposed to be added to or taken from the village shall be accompanied by a petition of two thirds of the owners of real property in the area proposed to be added to or taken from the village, approving of the change, and the application shall contain the name and mailing address of the person to whom notices and communication may be given with respect to the application.
(4) Upon receipt of an application to change the boundaries of a village, the Board shall give such public notice of the application as the Board considers appropriate and shall hold a hearing with respect to the application.
(5) Notice of the date, time and location of the hearing shall be served upon the village clerk, the clerk of the municipality of which the village forms a part, an application, if any, and the Minister.
(6) At the hearing the Board shall hear any interested person or municipality.
(7) The Board may, after inquiring into and taking into account
(a) the necessity or expediency of the order applied for;
(b) the financial position and obligations of the village and municipalities affected;
(c) the burden of taxation upon the ratepayers of the village and the area proposed to be added to, or taken from, the village; and
(d) all other matters that in the opinion of the Board are relevant,
order that the boundaries of the village be changed.
(8) An order made pursuant to subsection (7) shall
(a) define the boundaries of the village, with any alterations made as a result of the hearing;
(b) state when the new boundaries are to be effective; and
(c) contain such directions respecting the implementation of the new boundaries as the Board sees fit.
448 (1) The Minister may, by order, dissolve any village upon the request of the village commission authorized by a meeting of the electors of the village.
(2) The Minister may, by order, dissolve a village upon the request of a municipality if
(a) there has been, to the knowledge of the Minister and the clerk of the municipality, no meeting of the electors of the village for at least two years; and
(b) ninety days notice of the proposed dissolution has been served on the latest village commissioners and village clerk known to the Minister, and no objection to the proposed dissolution has been filed with the Minister.
(3) The Board may, by order, dissolve a village on the request of not fewer than ten per cent of the electors of the village.
(4) The Board shall serve notice of the proposed dissolution at least sixty days before the dissolution on
(a) the village clerk and any village commissioner;
(b) the clerk of the municipality in which the village is located; and
(c) the Minister.
(5) The notice shall provide that any objection to the proposal shall be filed with the Board within forty-five days of the service of the notice.
(6) Where any objections are received to the proposal, the Board shall hold a hearing with respect to the proposed dissolution, and the clerk of the Board shall notify the village clerk, the municipal clerk, any person who filed an objection and the Minister of the date and location of hearing.
(7) Upon the making of an order dissolving the village, the village ceases to be a body corporate and this Act no longer applies to it.
(8) All assets and liabilities, including outstanding debentures, of the former village are vested in the municipality in which the former village is located and the municipality may transfer, free of cost, property of a village that is dissolved to a body incorporated to provide community services in the area served by the dissolved village.
(9) Any net liability shall be funded by an area rate levied on the area of the former village.
(10) An order dissolving a village is regulations within the meaning of the Regulations Act.
449 In this Part, "municipality" means a regional municipality, town or county or district municipality, except where the context otherwise requires or as otherwise defined in this Act, and includes a village and a service commission.
450 (1) Where, by any Act of the Legislature, an approval or a consent of a minister of the Crown of or to any resolution, regulation, by-law, plan, borrowing or other act or matter is required, the approval of the Minister is also required and whenever the approval of the Minister is required, the Minister may, in the Minister's discretion
(a) approve or consent to all or part and from time to time approve or consent to other parts or to the remainder;
(b) attach any condition, subject to which approval or consent becomes effective;
(c) approve or consent with amendments and the subject matter of the approval or consent is effective as amended until subsequently amended or repealed, with the approval of the Minister, by the council that adopted it;
(d) rescind, vary or revoke the approval or consent, or any condition subject to which the approval or consent was effective, either in whole or in part, whereupon the matter approved or consented to or the condition, or part thereof, shall cease to have force and effect.
(2) Where, by any Act of the Legislature, a resolution, regulation, by-law or other act or matter of a municipality or of any board, committee or other body to which a municipality appoints members is subject to the approval of the Governor in Council or may be disallowed by the Governor in Council, the resolution, regulation, by-law or other act or matter is subject to the approval of the Minister and does not have effect until it receives the approval of the Minister, but is not subject to the approval of, or disallowance by, the Governor in Council.
451 (1) The Minister may prescribe the
(a) system of accounting to be used by municipalities and the form in which records shall be kept and funds accounted for;
(b) information to be provided by municipalities to the Minister and when it shall be provided;
(c) manner in which municipal accounts are to be audited and the reports to be provided by municipal auditors.
(2) The exercise by the Minister of the authority contained in subsection (1) is regulations within the meaning of the Regulations Act.
(3) The Minister may prescribe different systems for different classes of municipality.
452 (1) The Minister may
(a) collect and analyze information relating to municipalities;
(b) prepare and publish information and advice relating to municipal affairs;
(c) study and advise upon the system of municipal institutions and the administration of municipal affairs;
(d) effect improvement in the conduct and administration of municipal affairs;
(e) consult with, assist and advise municipalities in the conduct and administration of municipal affairs;
(f) do anything necessary or incidental to the foregoing or directed to the improvement of municipal government in the Province.
(2) The Minister may enter into agreements with a municipality or a board, agency or commission of a municipality to assist in the achievement of any objects that are within the powers of the municipality or board, agency or commission and to effect improvement generally in the conduct and administration of municipal affairs.
(3) The Minister, with the approval of the Governor in Council, may enter into agreements with the Government of Canada or another province or any department or agency of either of them to assist in the achievement of any objects that are within the powers of a municipality or board, agency or commission of a municipality, and to effect improvement generally in the conduct and administration of municipal affairs.
453 (1) Where an enactment fixes a date for, or imposes a time restriction or limitation in respect of
(a) the determination or finalization of a budget of a municipality or a village of its estimates of revenues and expenditures;
(b) setting a tax rate by a municipality;
(c) the transmission of tax bills, statements or notices by a municipality;
(d) payment of taxes to a municipality, including imposition of penalties; or
(e) any other act relating to taxation by a municipality,
the Minister may, by order, upon the request of the council, extend the date or time restriction or limitation.
(2) The exercise by the Minister of the authority contained in subsection (1) is regulations within the meaning of the Regulations Act.
454 (1) The Minister may, at any time, direct an audit or review of a municipality by a person appointed by the Minister.
(2) The person appointed by the Minister to make an audit or review shall, for that purpose, have free access to all books of account, securities, cash, documents, bank accounts, vouchers, correspondence and records of every description of the municipality.
(3) A person who fails to give any information or thing reasonably required by the person appointed to make an audit or review for the purpose of the audit or review, or who destroys, mutilates or defaces any such thing, is guilty of an offence and is liable, upon summary conviction, to a penalty of not more than fifty thousand dollars and, in default of payment, to imprisonment for a term of not more than twelve months.
455 The Minister, or any person to whom the Minister may, in writing, delegate the authority may, for any of the purposes of this Act, examine any municipality, person, company, property or thing whatsoever, at any time, and for the purpose has the same power, privileges and immunities as a commissioner appointed under the Public Inquiries Act.
456 (1) The Minister may order a municipality to do anything required by law or by agreement with the Minister or Her Majesty in right of the Province, or necessary or desirable in the interests of the municipality, or necessary or desirable for the due accounting for, collection or payment of any of a municipality's assets, liabilities, revenues, funds or money.
(2) Every person who fails to comply with an order of the Minister, votes in favour of any motion that would result in a failure to obey the order or votes against a motion to comply with the order is guilty of an offence and is liable, on summary conviction, to a penalty of not less than one thousand dollars and not more than ten thousand dollars and, in default of payment, to imprisonment for a term of not less than three months and not more than twelve months.
457 (1) A person licensed as a public accountant pursuant to the Public Accountants Act may be registered as a municipal auditor.
(2) A firm or partnership may be registered as a municipal auditor if a majority of the members of the firm or partnership are licensed as public accountants pursuant to the Public Accountants Act.
(3) A person, firm or partnership shall not act as, or exercise or perform any of the duties of, a municipal auditor unless registered as a municipal auditor pursuant to this Section.
(4) An application for registration as a municipal auditor shall be filed with the Minister on or before June 30 in each year.
(5) An application for registration as a municipal auditor shall be accompanied by an application fee in the amount determined by the Governor in Council.
(6) The Minister may accept an application filed after June 30 but on or before December 31 in any year, upon payment of the additional fee determined by the Governor in Council.
(7) The Minister may publish in the Royal Gazette the names of those persons, firms and partnerships whose applications for registration have been accepted and when so published the persons firms and partnerships are registered as municipal auditors.
(8) Registration as a municipal auditor expires on July 31 in each year.
(9) The Minister may, at any time, cancel or suspend the registration of a municipal auditor for any reason that the Minister may deem sufficient and may reinstate or restore any cancelled or suspended registration.
(10) A person, firm or partnership shall not, while registration is cancelled or suspended, exercise or perform the duties of a municipal auditor.
(11) An unabridged copy of every statement or report, of whatsoever nature or whether interim or final, made by a municipal auditor shall forthwith be forwarded by the auditor to the Minister.
(12) A person who violates this Section is liable, on conviction, to a penalty of not more than ten thousand dollars and, in default of payment, to imprisonment for a period of not more than six months.
(13) A reference in any Act of the Legislature to a registered municipal auditor, an auditor registered pursuant to the Municipal Act or like term is and is deemed to be a reference to a person, firm or partnership registered as a municipal auditor pursuant to this Section.
458 (1) Where a municipality
(a) fails, or in the opinion of the Governor in Council, is about to or may fail, to pay the amount due for principal and interest on any debenture;
(b) fails to pay into a sinking fund any amount it is required to pay;
(c) fails to pay any of its other debts or liabilities whatsoever when due;
(d) fails, in the opinion of the Governor in Council, to levy the amount required to meet the expenditures required for any fiscal year;
(e) fails, in the opinion of the Governor in Council, to comply with any order of the Minister; or
(f) has passed a resolution requesting the Governor in Council to do so,
the Governor in Council may, on the recommendation of the Minister, if deemed expedient to do so, declare vacant the offices of mayor or warden and councillors of the municipality.
(2) Where the Governor in Council has declared vacant the office of mayor or warden and councillors, the Governor in Council shall appoint a mayor or warden and councillors to hold office during pleasure, to be the council of the municipality until the first meeting of a new council elected pursuant to an order of the Governor in Council.
(3) Any vacancy occurring in a council appointed by the Governor in Council shall be filled by the Governor in Council.
(4) A member of a council appointed by the Governor in Council is not required to have the qualifications of a councillor prescribed by the Municipal Elections Act.
(5) Where the Governor in Council appoints a council, the tenure of every municipal employee is during the pleasure of the appointed council.
459 (1) After the Governor in Council appoints a council, no election shall be held pursuant to the Municipal Elections Act until ordered by the Governor in Council.
(2) An order of the Governor in Council for the election of a new council shall set out
(a) the dates for nomination day, advance polls and ordinary polling day for the election; and
(b) the date the new council takes office.
(3) When the Governor in Council orders the election of a new council, the tenure of every municipal employee ceases to be during the pleasure of the council.
460 (1) The council appointed by the Governor in Council has all of the powers of a council.
(2) The council appointed by the Governor in Council may, with the approval of creditors representing at least half of the aggregate indebtedness of the municipality,
(a) consolidate some or all of its debts and issue new debentures to effect the consolidation;
(b) issue debentures to pay any debt and compel acceptance of the debentures in payment of the debt;
(c) issue new debentures in exchange for any outstanding debentures and compel their acceptance;
(d) fix the terms, conditions, places and times for exchanges of debentures;
(e) postpone or vary the terms, times and places for payment of any outstanding debentures and other indebtedness and the interest;
(f) vary the rate of interest on any outstanding debentures and other indebtedness;
(g) sell any municipal assets.
(3) The council appointed by the Governor in Council may
(a) vary any tax rate or other charge imposed to pay any indebtedness;
(b) vary the basis, terms and times of payment of any tax rate or other charge imposed to pay any indebtedness;
(c) create sinking funds and reserves to pay debentures and other indebtedness;
(d) manage, invest and apply sinking funds, reserves and surpluses;
(e) ratify any agreement, arrangement or compromise entered into with creditors respecting debentures and other indebtedness;
(f) borrow any amount required to meet the current expenditures of the municipality until the taxes are collected.
(4) In the case of a village or service commission, the council appointed by the Governor in Council may require the county or district municipality in which the village or service commission is situate to pay an amount sufficient to provide for the orderly payment of the debts and liabilities of the village or service commission, and the amount so provided, with an allowance for collection costs and losses, shall be recovered by the county or district municipality as an area rate on the area of the village or service commission.
(5) In the case of a village or service commission, the council appointed by the Governor in Council may recommend the dissolution of the village or service commission and the Governor in Council may, by proclamation, dissolve the village or service commission, effective the date set out in the proclamation.
461 In this Part,
(a) "background information" means
(ii) a public opinion poll,
(iii) a statistical survey,
(iv) an appraisal,
(v) an economic forecast,
(vi) an environmental-impact statement or similar information,
(vii) a final report or final audit on the performance or efficiency of a municipality or on any of its programs or policies,
(viii) a consumer test report or a report of a test carried out on a product to test equipment of a municipality,
(ix) a feasibility or technical study, including a cost estimate, relating to a policy or project of a municipality,
(x) a report on the results of field research undertaken before a policy proposal is formulated,
(xi) a report of an external task force, advisory board or similar body that has been established to consider any matter and make reports or recommendations to a municipality, or
(xii) a plan or proposal to establish a new program or to change a program, if the plan or proposal has been approved or rejected by the council;
(c) "law enforcement" means
(ii) investigations that lead, or could lead, to a penalty or sanction being imposed, and
(iii) proceedings that lead, or could lead, to a penalty or sanction being imposed;
(ii) which is under the authority of,
(e) "municipality" means a regional municipality, town, county or district municipality, village, service commission or municipal body;
(f) "personal information" means recorded information about an identifiable individual, including
(ii) the individual's race, national or ethnic origin, colour, or religious or political beliefs or associations,
(iii) the individual's age, sex, sexual orientation, marital status or family status,
(iv) an identifying number, symbol or other particular assigned to the individual,
(v) the individual's fingerprints, blood type or inheritable characteristics,
(vi) information about the individual's health-care history, including a physical or mental disability,
(vii) information about the individual's educational, financial, criminal or employment history,
(viii) anyone else's opinions about the individual, and
(ix) the individual's personal views or opinions, except if they are about someone else;
(h) "record" includes books, documents, maps, drawings, photographs, letters, vouchers, papers and any other thing on which information is recorded or stored by graphic, electronic, mechanical or other means, but does not include a computer program or any other mechanism that produces records;
(i) "responsible officer" means, in the case of a
(ii) village or service commission, the clerk,
(iii) municipal body
(B) which is under the authority of one municipality, the responsible officer for that municipality, or
(C) which is not described in paragraph (A) or (B), the chair or presiding officer;
(k) "third party", in relation to a request for access to a record or for correction of personal information, means any person, group of persons or organization other than
(ii) the municipality to which the request is made, or
(iii) a municipal body, a majority of the members of which are appointed by, or which is under the authority of, the municipality to which the request is made;
(ii) derives independent economic value, actual or potential, from not being generally known to the public or to other persons who can obtain economic value from its disclosure or use,
(iii) is the subject of reasonable efforts to prevent it from becoming generally known, and
(iv) the disclosure of which would result in harm or improper benefit.
462 The purpose of this Part is to
(a) ensure that municipalities are fully accountable to the public by
(ii) giving individuals a right of access to, and a right to correction of, personal information about themselves,
(iii) specifying limited exceptions to the rights of access,
(iv) preventing the unauthorized collection, use or disclosure of personal information by municipalities, and
(v) providing for an independent review of decisions made pursuant to this Part;
(ii) ensure fairness in government decision-making, and
(iii) permit the airing and reconciliation of divergent views; and
463 (1) This Part applies to all records in the custody or under the control of a municipality.
(2) Notwithstanding subsection (1), this Part does not apply to
(a) published material or material that is available for purchase by the public;
(b) material that is a matter of public record;
(c) a note, communication or draft decision of a person acting in a judicial or quasi-judicial capacity;
(d) a record of a question that is to be used on an examination or test;
(e) material placed in the archives of a municipality by or for a person, agency or other organization other than the municipality; or
(f) a record relating to a prosecution, if all proceedings in respect of the prosecution have not been completed.
464 This Part does not
(a) limit the information otherwise available by law to a party to litigation, including a civil, criminal or administrative proceeding;
(b) affect the power of any court or tribunal to compel a witness to testify or to compel the production of documents;
(c) prohibit the transfer, storage or destruction of any record in accordance with any other Act of the Legislature or any regulation;
(d) prevent access to records maintained in a public office for the purpose of providing public access to information; or
(e) restrict disclosure of information for the purpose of a prosecution.
465 (1) A person has a right of access to any record in the custody, or under the control, of a municipality upon making a request as provided in this Part.
(2) The right of access to a record does not extend to information exempted from disclosure pursuant to this Part but, if that information can reasonably be severed from the record, an applicant has the right of access to the remainder of the record.
(3) Nothing in this Part restricts access to information provided by custom or practice prior to the effective date of this Part.
466 (1) A person may obtain access to a record by
(a) making a request in writing to the municipality that has the custody or control of the record;
(b) specifying the subject matter of the record requested with sufficient particulars to enable an individual familiar with the subject matter to identify the record; and
(c) paying any fees required pursuant to this Part.
(2) The applicant may ask to examine the record or ask for a copy of the record.
467 (1) Where a request is made pursuant to this Part for access to a record, the responsible officer shall
(a) make every reasonable effect to assist the applicant and to respond without delay to the applicant openly, accurately and completely; and
(b) consider the request and give written notice to the applicant of the decision with respect to the request.
(2) The responsible officer shall respond in writing to the applicant within thirty days after the application is received, stating
(a) whether the applicant is entitled to the record or part of the record and
(ii) where access to the record or to part of the record is refused, the reasons for the refusal and the provision of this Part on which the refusal is based;
(c) where the record would contain information exempted pursuant to Section 475 if the record were in the custody or control of the municipality, that confirmation or denial of the existence of the record is refused,
(d) the name, title, business address and business telephone number of an officer or employee of the municipality who can answer the applicant's questions about the decision; and
(e) that the applicant may ask for review by a review officer within sixty days after the applicant is notified of the decision.
(3) A responsible officer who fails to give a written response is deemed to have given notice of a decision to refuse to give access to the record thirty days after the application was received.
(4) A responsible officer may refuse to disclose to an applicant information
(a) that is published and available for purchase by the public; or
(b) that is to be published or released to the public within thirty days after the applicant's request is received.
(5) A responsible officer shall notify an applicant of the publication or release of information that the officer has refused to disclose.
(6) Where the information is not published or released within thirty days after the applicant's request is received, the responsible officer shall reconsider the request as if it were a new request received on the last day of that period, but the information shall not be refused solely because it is due to be published or released to the public.
468 (1) Where an applicant is informed that access will be given, the responsible officer shall
(a) where the applicant has asked for a copy and the record can reasonably be reproduced,
(ii) give the applicant reasons for delay in providing the record; or
(2) A responsible officer may give access to a record that is a microfilm, film, sound recording, or information stored by electronic or other technological means by
(a) permitting the applicant to examine a transcript of the record;
(b) providing the applicant with a copy of the transcript of the record;
(c) permitting, in the case of a record produced for visual or aural reception, the applicant to view or hear the record or providing the applicant with a copy of it; or
(d) permitting, in the case of a record stored by electronic or other technological means, the applicant to access the record or providing the applicant a copy of it.
(3) A responsible officer shall create a record for an applicant if
(a) the record can be created from a machine-readable record in the custody or under the control of the municipality using its normal computer hardware and software and technical expertise; and
(b) creating the record would not unreasonably interfere with the operations of the municipality.
469 (1) The responsible officer may extend the time provided for responding to a request for up to thirty days or, with a review officer's permission, for a longer period if
(a) the applicant does not give enough detail to enable the municipality to identify a requested record;
(b) a large number of records is requested or must be searched and meeting the time limit would unreasonably interfere with the operations of the municipality; or
(c) more time is needed to consult with a thirty party of other municipality before the responsible officer can decide whether or not to give the applicant access to a requested record.
(2) Where the time is extended, the responsible officer shall tell the applicant
(a) the reason;
(b) when a response can be expected; and
(c) that the applicant may complain about the extension to a review officer.
470 (1) Within ten days after a request for access to a record is received, the responsible office of a municipality may transfer the request and, if necessary, the record to a municipal body to which the municipality appoints one or more members and which is not under the authority of the municipality, if
(a) the record was produced by or for the municipal body;
(b) the municipal body was the first to obtain the record; or
(c) the record is in the custody, or under the control of, the municipal body.
(2) Where a request is transferred pursuant to subsection (1)
(a) the responsible officer who transferred the request shall notify the applicant of the transfer; and
(b) the responsible officer to which the request is transferred shall respond to the applicant in accordance with this Part not later than thirty days after the request is received.
471 (1) An applicant who makes a request pursuant to this Part shall pay to the municipality the prescribed application fee.
(2) A responsible officer may require an applicant who makes a request to pay fees for the following services:
(a) locating, retrieving and producing the record;
(b) preparing the record for disclosure;
(c) shipping and handling the record;
(d) providing a copy of the record.
(3) An applicant is not required to pay a fee for the first hour spent locating and retrieving a record.
(4) No fee shall be charged for a request for the applicant's own personal information.
(5) Where an applicant is required to pay fees for services, the responsible officer shall give the applicant an estimate of the total fee before providing the services.
(6) The responsible officer may require the applicant to pay the estimated fee prior to providing the services.
(7) On request of the applicant, the responsible officer may excuse an applicant from paying all or part of a fee referred to in subsection (2) if, in the opinion of the responsible officer, the applicant cannot afford the payment or for any other reason it is fair to excuse payment.
(8) The fees that applicants are required to pay for services shall not exceed the actual costs of the services.
472 (1) A responsible officer may refuse to disclose information to an applicant, if the disclosure could reasonably be expected to
(a) harm the conduct by the municipality of relations between the municipality and any of the following or their agencies:
(ii) the Government of Nova Scotia,
(iii) another municipality,
(iv) a school board,
(v) an aboriginal government; or
(2) The responsible officer shall not disclose information referred to in subsection (1) without the consent of the council.
(3) This Section does not apply to information in a record that has been in existence for fifteen or more years.
473 (1) The responsible officer may refuse to disclose to an applicant information that would disclose the minutes or substance of the deliberations of a meeting of the council, village commission or service commissioners or of the members of the municipal body held in private, as authorized by law.
(2) Subsection (1) does not apply to
(a) information in a record that has been in existence for ten or more years; or
(b) background information in a record, the purpose of which is to present explanations or analysis to the council, committee, agency, authority, board or commission for its consideration in making a decision, if
(ii) the decision has been implemented, or
(iii) five or more years have passed since the decision was made or considered.
474 (1) The responsible officer may refuse to disclose information that would reveal advice, recommendations or draft resolutions, policies, by-laws or special legislation developed by or for the
(a) council, village commission or service commissioners; or
(b) members of the municipal body.
(2) The responsible officer shall not refuse to disclose background information used by the municipality.
(3) This Section does not apply to information in a record that has been in existence for five or more years.
475 (1) The responsible officer may refuse to disclose information to an applicant if the disclosure could reasonably be expected to
(a) harm law enforcement;
(b) prejudice the defence of Canada or of any foreign state allied to, or associated with, Canada or harm the detection, prevention or suppression of espionage, sabotage or terrorism;
(c) harm the effectiveness of investigative techniques or procedures currently used, or likely to be used, in law enforcement;
(d) reveal the identity of a confidential source of law-enforcement information;
(e) endanger the life or physical safety of a law-enforcement officer or any other person;
(f) reveal any information relating to, or used in, the exercise of prosecutorial discretion;
(g) deprive a person of a right to a fair trial or impartial adjudication;
(h) reveal a record that has been confiscated from a person by a peace officer in accordance with an enactment;
(i) be detrimental to the proper custody, control or supervision of a person under lawful detention;
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 firstname.lastname@example.org.