BILL NO. 82
(as introduced)
2nd Session, 58th General Assembly
Nova Scotia
50 Elizabeth II, 2001
Municipal Law Amendment (2001) Act
(amended)
Tha Honourable Angus MacIsaac
Minister of Service Nova Scotia and Municipal Relations
First Reading: November 7, 2001
Second Reading: November 8, 2001
Third Reading: November 16, 2001 (WITH COMMITTEE AMENDMENTS)
Explanatory Notes
Clause 1 sets out the short title of the Act.
Clause 2 amends the definition of "dangerous or unsightly" to include a property that has been excavated or had fill placed on it in a manner that results in a hazard and amends the definition of "engineer" to include the engineer of a village.
Clause 3 changes a reference to "Minister" to reflect the current Minister responsible for housing who is the Minister of Community Services, clarifies wording setting out the powers of a municipality to enter into agreements with other bodies regarding housing projects and adds the power to enter into agreements with the Province respecting the development, operation or maintenance of trails on land of Her Majesty.
Clause 4 amends a reference to parties to an agreement to reflect a previous amendment that expanded the list of possible parties to agreements under the Section.
Clause 5 provides the authority for a municipal council to expend money on trails developed, operated or maintained on land of Her Majesty pursuant to an agreement with the Province and changes a reference to the Minister responsible for housing.
Subclause 6(1) amends the power of a municipality to borrow money for joint undertakings to give the power to a village and to include undertakings between villages and municipalities rather than just between municipalities.
Subclause 6(2) gives the power to municipalities to borrow money for the purpose of carrying out an agreement with the Province for the development, operation or maintenance of trails on land of Her Majesty and for the purpose of making a loan to a registered fire department or emergency services provider.
Clause 7 allows tax-exemption by-laws to apply with respect to the fire protection charge.
Clause 8 provides for the exemption from the fire protection rate where a by-law contemplated by Clause 6 has been made.
Clause 9 clarifies that local improvement by-laws for capital water projects do not require the approval of the Utility and Review Board.
Clause 10 clarifies that advance approval of the Minister and electors is not required for borrowing by a village for the purpose of defraying part of the annual current expenditure of the village.
Clause 11 clarifies the restriction on who may not purchase land at a tax sale by adding references to the spouses of council members or employees and companies owned by those persons or their spouses and deleting a cross-reference to similar provisions in the Municipal Conflict of Interest Act and clarifies that loss of employment only applies to the council members or employees who are convicted of the offence.
Clause 12 clarifies the powers of the Utility and Review Board on appeals to include the power to direct a development officer to approve a concept plan.
Clause 13 expands the power of a municipality to act where there has been a breach of a development agreement, to include removal or destruction of anything that contravenes the terms of a development agreement.
Clause 14 clarifies that municipal subdivision by-laws do not require the approval of the Utility and Review Board.
Clause 15 clarifies that municipal infrastructure charges by-laws do not require the approval of the Utility and Review Board.
Clause 16 clarifies that the requirement that subdivision approval be given if an application meets the requirements in effect at the time of the application is subject to the conditions in Section 283 of the Act, which include requirements for services.
Clause 17 clarifies that services required to be constructed or accepted prior to subdivision approval are those that were in a subdivision by-law at the time of approval of a tentative plan or that security for them must be provided before final approval is given.
Clause 18 provides that village commissions have the same powers as municipal councils to make an owner responsible for the design, construction and maintenance of a building water service connection as determined by by-law of a village commission.
Clause 19 provides that village commissions have the same powers to make by-laws respecting wastewater facilities and stormwater systems under Section 333 of the Act as do municipal councils.
Clause 20 provides that an engineer for a village has the same power to require grease, oil and sand interceptors in wastewater facilities and stormwater systems as an engineer for a municipality has.
Clause 21 clarifies that, where municipal service becomes available, abandonment and removal of a septic tank, cesspool, privy or on-site sewage system is to be done if required by an engineer rather than in every case and provides villages with the same remedial powers as municipalities where this is not done.
Clause 22 amends the Act to allow for orders imposing periods shorter than thirty days in which to remedy a property condition that is dangerous but leaves the minimum time period at thirty days for properties that are unsightly.
Clause 23 repeals the requirement that the preliminary order of the Utility and Review Board respecting a hearing regarding municipal amalgamation or annexation set a date for the hearing.
Clause 24 removes the requirement for a village to hold a special election within six months of the next annual meeting unless otherwise required by the Minister or the village commission.
Clauses 25 to 27 provide that villages have the same powers, legal protections and liabilities with respect to acts undertaken and inspections performed as do municipalities.
Clause 28 provides for the continued operation of an existing pension plan by the Halifax Regional Municipality that was put in place at the time the municipality was amalgamated but which is not structured to necessarily be adjusted annually in relation to the Consumer Price Index and so may not match the requirements of subsection 45(7) of the Act.
Clause 29 amends the Municipal Grants Act to provide that the assessed values of property held by charitable or non-profit organizations that is exempted from taxation by municipal by-laws are excluded from the calculation of uniform assessment, to the extent of the tax exemptions.
Clause 30 amends the Public Utilities Act to increase the level of capital expenditure by a public utility requiring prior approval of the Utility and Review Board from five thousand dollars to twenty-five thousand dollars.
Clause 31 repeals the Shopping Centre Development Act.
Clause 32 provides that the Act comes into effect on proclamation.
An Act to Amend Chapter 18
of the Acts of 1998,
the Municipal Government Act,
and Amend or Repeal Certain Other Statutes
Relating to Municipal Law
Be it enacted by the Governor and Assembly as follows:
1 This Act may be cited as the Municipal Law Amendment (2001) Act.
PART I
MUNICIPAL GOVERNMENT ACT
2 Section 3 of Chapter 18 of the Acts of 1998, the Municipal Government Act, as amended by Chapter 9 of the Acts of 2000 and Chapter 6 of the Acts of 2001, is further amended by
(a) striking out "or" immediately after subclause (r)(ix);
(b) striking out the semicolon at the end of subclause (r)(x) and substituting ", or";
(c) adding immediately after subclause (r)(x) the following subclause:
(xi) that has been excavated or had fill placed on it in a manner that results in a hazard;
and
(d) adding "or the village" immediately after "municipality" in the first and second lines of clause (ad).
3 Clause 59(b) of Chapter 18 is repealed and the following clauses substituted:
(b) with
(i) the Minister of Community Services or Canada Mortgage and Housing Corporation with respect to housing projects, or
(ii) any body corporate or agency having similar objects to Canada Mortgage and Housing Corporation with respect to projects pursuant to the National Housing Act (Canada);
(c) with the Government of the Province with respect to the development, operation or maintenance of trails on land of Her Majesty in right of the Province.
4 Clause 60(2)(c) of Chapter 18, as amended by Chapter 9 of the Acts of 2000, is further amended by striking out "participating municipality or village" in the fourth and fifth lines and substituting "party to the agreement".
5 Section 65 of Chapter 18 is amended by
(a) adding "including trails developed, operated or maintained pursuant to an agreement made under clause 59(c)" immediately after "trails" in the first line of clause (ag); and
(b) striking out clause (as) and substituting the following clause:
(as) carrying out an agreement with the Minister of Community Services, Canada Mortgage and Housing Corporation or a body corporate or agency made under clause 59(b);
6 (1) Subsection 66(3) of Chapter 18 is amended by
(a) adding "or village" immediately after "municipality" in the first line;
(b) striking out "another municipality" in the second line and substituting "a municipality, village or service commission"; and
(c) striking out "municipality" in the fifth line and substituting "party".
(2) Subsection 66(4) of Chapter 18 is amended by
(a) striking out the period at the end of clause (c) and substituting a semicolon; and
(b) adding immediately after clause (c) the following clauses:
(d) to carry out an agreement made pursuant to clause 59(c);
(e) for the purpose of making a loan to a registered fire department or registered emergency services provider.
7 Subsection 71(5) of Chapter 18 is amended by adding "or the fire protection rate" immediately after "rates" in the second line.
8 Subsection 80(2) of Chapter 18 is amended by adding ", unless exempted by by-law" immediately after "rate" in the third line.
9 Section 81 of Chapter 18 is amended by adding immediately after subsection (6) the following subsection:
(7) Notwithstanding the Public Utilities Act and for greater certainty, any by-law made pursuant to this Section and any charge imposed or fixed pursuant to this Section do not require approval by the Board.
10 Subsection 88(2) of Chapter 18 is amended by striking out "does" in the first line and substituting "and subsection 438(2) do".
11 (1) Subsection 144(1) of Chapter 18 is repealed.
(2) Subsection 144(2) of Chapter 18 is amended by
(a) striking out "or" immediately after clause (a);
(b) striking out the comma at the end of clause (b) and substituting a semicolon;
(c) adding immediately after clause (b) the following clauses:
(c) spouse of a person referred to in clause (a) or (b); or
(d) company in which a person referred to in clause (a), (b) or (c) owns or beneficially owns the majority of the issued and outstanding shares,
and
(d) striking out "or have an interest in the purchase" in the second last and last lines and substituting "either directly or through an agent".
(3) Subsection 144(3) of Chapter 18 is amended by striking out "forfeits the person's office or employment, as the case may be, and" in the first, second and third lines.
(4) Section 144 of Chapter 18 is further amended by adding immediately after subsection (3) the following subsection:
12 Clause 251(1)(e) of Chapter 18 is amended by adding "or concept plan" immediately after "subdivision" in the third line.
13 Subsection 264(1) of Chapter 18 is amended by adding "or take such remedial action as is considered necessary to correct a breach of the development agreement, including the removal or destruction of any thing that contravenes the terms of a development agreement" immediately after "agreement" in the fourth line.
14 Section 271 of Chapter 18, as amended by Chapter 6 of the Acts of 2001, is further amended by adding immediately after subsection (9) the following subsection:
(10) Notwithstanding the Public Utilities Act and for greater certainty, any by-law made pursuant to this Section and any transfer, bond, security, cost, charge or requirement, fixed or imposed pursuant to this Section, do not require approval by the Board.
15 Section 274 of Chapter 18 is amended by adding immediately after subsection (9) the following subsection:
16 Subsection 278(1) of Chapter 18 is amended by striking out "An" in the first line and substituting "Subject to Section 283, an".
17 Clause 283(c) of Chapter 18 is amended by
(a) striking out "to be constructed" in the first line and substituting "required by the subdivision by-law at the time of approval of the tentative plan";
(b) adding "any municipal service has been" immediately after "and" in the second line; and
(c) striking out "them" in the fourth line and substituting "the service".
18 Subsection 329(1) of Chapter 18 is amended by adding "or village commission" immediately after "council" in the third line.
19 (1) Subsection 333(1) of Chapter 18 is amended by
(a) adding "or a village" immediately after "municipality" in the second and third lines and in the fifth line;
(b) adding "or village commission" immediately after "council" in the second line of clause (a);
(c) adding "or village commission" immediately after "council' in the fourth line of clause (h);
(d) adding "or village commission" immediately after "council" in the third line of clause (j);
(e) adding "or village commission" immediately after "council" in the third line of clause (k); and
(f) adding "or village commission" immediately after "council" in the fourth line of clause (l).
(2) Subsection 333(2) of Chapter 18 is amended by adding "or village commission" immediately after "council" in the first line.
20 Subsection 334(1) of Chapter 18 is amended by adding "or the village" immediately after "municipality" in the third line.
21 (1) Subsection 337(3) of Chapter 18 is amended by striking out "The" in the first line and substituting "If required by the engineer, the".
(2) Subsection 337(4) of Chapter 18 is amended by adding "or the village" immediately after "municipality" in the second line.
22 (1) Subsection 348(3) of Chapter 18 is amended by striking out "thirty days after service" in the second line and substituting "the time specified in the order".
(2) Section 348 is further amended by adding immediately after subsection (3) the following subsection:
23 Subsection 362(5) of Chapter 18 is repealed.
24 Section 411 of Chapter 18 is amended by adding immediately after subsection (1) the following subsection:
(1A) Notwithstanding subsection (1), a vacancy need not be filled until the next annual meeting or the election held in accordance with the nomination and election by-laws of the village immediately following the next annual meeting if it occurs within six months of the next annual meeting unless the Minister or the village commission determines otherwise.
25 (1) Subsection 503(1) of Chapter 18 is amended by adding ", village commission" immediately after "council" in the fifth line.
(2) Subsection 503(2) of Chapter 18 is amended by
(a) adding ", a village" immediately after "municipality" in the second line; and
(b) adding "or the village" immediately after "municipality" in the second and third lines.
26 (1) Subsection 504(1) of Chapter 18 is amended by
(a) adding "or a village" immediately after "municipality" in the first line; and
(b) adding "or the village" immediately after "municipality" each time it occurs in the third, in the sixth and in the eighth lines.
(2) Clause 504(2)(b) of Chapter 18 is amended by adding "or the village" immediately after "municipality" in the first line.
(3) Subsection 504(3) of Chapter 18 is amended by adding "or a village" immediately after "municipality" in the second line.
(4) Subsection 504(4) of Chapter 18 is amended by
(a) adding "or a village" immediately after "municipality" in the first line; and
(b) adding "or the village" immediately after "municipality" in the fourth line.
27 Section 507 of Chapter 18 is amended by adding ", or by the village commission, by by-law" immediately after "policy" in the fifth line.
28 Chapter 18 is further amended by adding immediately after Section 536 the following Section:
536A Notwithstanding subsection 45(7), the pension plan adopted by the Halifax Regional Municipality pursuant to that Section may provide for increases in the pensions not exceeding the lesser of six per cent per year and the percentage increase in the cost of living as measured by the change in the Consumer Price Index for Canada prepared by Statistics Canada in the years since each such pension became payable, net of any increases previously provided.
PART II
MUNICIPAL GRANTS ACT
29 Subsection 14(1) of Chapter 302 of the Revised Statutes, 1989, the Municipal Grants Act, is amended by
(a) striking out "and" at the end of clause (c);
(b) striking out the period at the end of clause (d) and substituting "; and"; and
(c) adding immediately after clause (d) the following clause:
(e) the assessed value of property of a named registered Canadian charitable organization or a non-profit community, charitable, fraternal, educational, recreational, religious, cultural or sporting organization if exempted by municipal by-law, to the extent and under conditions set out in the by-law, if the by-law is provided to the Minister by September 1st of the year to which the by-law relates or such later date as the Minister permits.
PART III
PUBLIC UTILITIES ACT
30 Section 35 of Chapter 380 of the Revised Statutes, 1989, the Public Utilities Act, is amended by striking out "five" in the fifth line and substituting "twenty-five".
PART IV
SHOPPING CENTRE DEVELOPMENT ACT
31 Chapter 427 of the Revised Statutes, 1989, the Shopping Centre Development Act, is repealed.
PART V
EFFECTIVE DATE
32 This Act comes into force on such day as the Governor in Council orders and declares by proclamation.
This page and its contents published by the Office of the Legislative Counsel, Nova Scotia House of Assembly, and © 2001 Crown in right of Nova Scotia. Created November 23, 2001. Send comments to legc.office@gov.ns.ca.
