BILL NO. 9

(c) "clerk" means the clerk of a municipality;

(e) "council" means the council of a municipality;

(f) "councillor" means a mayor, warden or council member;

(q) "level access" in respect of any premises means premises that are so located that a person may reach the premises from the street or roadway and enter the premises without going up or down any step, stairs or escalator;

(r) "Minister" means the Minister of Service Nova Scotia and Municipal Relations;

(s) "municipality" means a regional municipality, town or county or district municipality;

(sa) "nomination day", in the case of a regular election, means the second Tuesday in September in a regular election year and, in the case of any other election, means the fourth Tuesday preceding ordinary polling day;

(1B) The council shall appoint the returning officer for a regular election on or before the fifteenth day of March of the regular election year.

(4) The costs incurred by a municipality in accordance with regulations adopted pursuant to this Act from

(a) the inclusion of the election of members of a school board with the regular municipal elections; or

(b) a special election for a member of a school board,

may be recovered by the municipality from the school board for which the costs were incurred.

(5) Where there is a dispute between a municipality and a school board over the amount to be recovered pursuant to subsection (4), the dispute shall be submitted to the Minister who shall consult with the Minister of Education or an official designated by the Minister of Education and render a decision.

(6) The decision of the Minister pursuant to subsection (5) is final and binding.

(3) Where a person is ordinarily resident in a dwelling that is generally occupied only during some or all of the months of May to October, inclusive, and the person has no other dwelling to which, at will, the person could move, the person is ordinarily resident at the place where the dwelling is located.

(c) has obtained a certificate in the prescribed form from the clerk, treasurer, collector or other official having knowledge of the facts that, as of nomination day, the taxes and other charges that are liens on the person's property due to the municipality by the person have been fully paid;

30 (1) By the fifteenth day of April in a regular election year, the council may, by resolution, provide that the returning officer

(a) conduct an enumeration;

(b) use the lists of electors used in the most recent federal or provincial election, or in an election held pursuant to this Act; or

(c) use any permanent register of electors established and maintained for use in a federal or provincial election,

as the basis for the preliminary list of electors for all or part of the municipality.

(2) Where a special election is to be held, the returning officer may

(a) conduct an enumeration;

(b) use the list of electors prepared in the most recent federal or provincial election, or in an election held pursuant to this Act; or

(c) use any permanent register of electors established and maintained for use in a federal or provincial election,

as the basis for the preliminary list of electors for all or part of the municipality.

(3) Where a federal or provincial election, or an election pursuant to this Act, has not been held but it is to be held on a day not less than six weeks prior to ordinary polling day, the lists prepared for use in that election may be used as provided in this Section.

(5) The preliminary list of electors is not available for distribution and shall not otherwise be open for inspection, disposed of or sold.

(1) The final lists of electors shall be completed on or before the date chosen by the council with advice from the returning officer and that date must be at least one day before the first day when nomination papers may be filed.

41A (1) Following the completion of the final list of electors and not later than five o'clock in the evening on the Wednesday before ordinary polling day, a person may apply for a certificate of eligibility to vote.

(2) An application shall be accompanied by a declaration under oath of the facts that support the application, and the application may be in the prescribed form or to like effect.

(3) Any person making a false statement in a declaration is guilty of an offence.

(4) Any person inducing or coercing a person to make a false statement in any declaration is guilty of a corrupt practice and is liable to a fine of not less than one thousand dollars nor more than ten thousand dollars, or to imprisonment for a term of not less than ninety days or more than twelve months, or to both.

(5) A returning officer or assistant returning officer who issues a certificate of eligibility shall

(a) complete the certificate in triplicate;

(b) consecutively number each certificate in the order of its issue;

(c) deliver the original certificate to the elector;

(d) transmit a copy of the certificate to the deputy returning officer of the polling station where the name of the person to whom the certificate has been issued appears on the list of electors; and

(e) transmit a copy of the certificate to each candidate.

(6) Once a certificate of eligibility is issued, a person's name is deemed to appear on the final list of electors.

(7) Notwithstanding Section 40, the information from a certificate of eligibility may be incorporated into the final list of electors for the purpose of an election.

(4) Once signed by the returning officer, a nomination paper is open to inspection by the public, but shall not be photocopied or otherwise reproduced for members of the public.

(12) Subject to subsection (11), every candidate who fails to file a disclosure statement within sixty days after regular polling day, or who files a false disclosure statement, is guilty of an offence.

(6) A candidate who fails to file an affidavit or to return all the candidate's copies of the list of electors within seven days after the date of the election shall forfeit the candidate's deposit refund.

54B It is an offence to obstruct a candidate or a candidate's representative in lawfully campaigning.

54C (1) No landlord or person acting on the landlord's behalf may prohibit a tenant from displaying election advertising posters on the premises leased by the tenant and no condominium corporation or any of its agents may prohibit the owner of a condominium unit from displaying election advertising posters on the premises of that person's unit.

(2) Notwithstanding subsection (1), a landlord, person, condominium corporation or agent referred to in that subsection may set reasonable conditions relating to the size or type of election advertising posters that may be displayed on the premises and may prohibit the display of election advertising posters in common areas of the building in which the premises are found.

72 A candidate may act as official agent.

(5) A candidate may not act as a friend of an elector who is not a child, grandchild, brother, sister, parent, grandparent, husband or wife of the candidate.

(3) Any elector who expects to be unable to vote on ordinary polling day may vote at an advance poll.

(1A) The poll books shall be open for inspection for twenty-one days after ordinary polling day, but shall not be photocopied or otherwise reproduced for members of the public.

146A (1) A council may by by-law authorize voters to vote by mail or another voting method.

(2) The by-law referred to in subsection (1) shall provide for the system of voting for any election that occurs after the date stated in the by-law or the date the by-law takes effect, including

(a) the notification of electors;

(b) the form of the ballots;

(c) the swearing in and voting on election day;

(d) the method of counting the ballots or votes; and

(e) the rejection of ballots or votes.

(3) The by-law may provide for

(a) the contents of voters kits;

(b) the places where voting can occur or ballots can be delivered instead of mailing, if applicable;

(c) the process for sorting, storing or cataloguing any ballots received;

(d) any matter or thing necessary to effectively conduct the election.

(4) Not fewer than sixty days before ordinary polling day, the returning officer shall establish procedures and forms for the conduct of voting in accordance with the by-law and provide a copy of the procedures and forms to each candidate for election.

(5) Where a by-law under this Section is in effect, the provisions of this Act respecting the matters dealt with by the by-law apply only if the by-law so specifies.

167 (1) The Minister may make regulations

(a) prescribing forms and procedures for the purpose of this Act;

(b) respecting the costs to be paid by schools boards to municipalities for administering school board elections;

(c) defining any word or expression used but not defined in this Act;

(d) deemed necessary or advisable to carry out effectively the intent and purpose of this Act.

(2) The exercise by the Minister of the authority contained in subsection (1) is regulations within the meaning of the Regulations Act.

(2A) For greater certainty, an entitled person who votes in an election for either the Conseil acadien or for another school board may vote for either the Conseil acadien or for another school board in a special election that follows the election.

(c) a person applying to vote in an election for the Conseil acadien shall not be required to take an oath or make an affirmation attesting to that person's status as an entitled person but shall be required to confirm the person's status as an entitled person as defined in the Education Act and, where a person wishes to provide the confirmation, the person may provide the confirmation by requesting the ballot to vote for the Conseil acadien and that request constitutes the confirmation;

(8) A statement signed pursuant to clause (5)(b) in good faith and stating that the person is an African Nova Scotian elector or a confirmation provided pursuant to clause (5)(c) in good faith confirming that the person is an African Nova Scotian elector is conclusive evidence that that person is an African Nova Scotian elector, if that person is qualified to vote in an election of a school board.

(11) For greater certainty, a qualified African Nova Scotian elector, who votes in an election for either a candidate for election as the African Nova Scotian member of the school board or a candidate for election to the school board other than as the African Nova Scotian member of the school board, may vote for either candidate in a special election that follows the election.

49 (1) In this Section, "election" includes a special election.

(2) A voter shall cast only one vote for the election of a member of a school board at an election.

(6) Any councillor or employee of a municipality who discloses any report submitted to, or details of matters discussed at, a private meeting of the council or committee, as a result of which the municipality has lost financially or the councillor or employee of a municipality has gained financially, is liable in damages to the municipality for the amount of the loss or gain.

(7) Subsection (6) does not apply to information disclosed pursuant to subsection (4) or subsection 473(2).

51A Where a municipality holds land that is of insufficient size or dimensions to be capable of any reasonable use, in the opinion of the council, all or part of the land may be sold to the owner of any lot abutting that land and may be consolidated with such lot and, notwithstanding Section 51, the sale price of the land so sold may be set by council at a price that is less than market value at the time of the sale.

(aa) to a municipality;

139A (1) The treasurer may apply to a court of competent jurisdiction for

(a) an order that there are arrears of taxes respecting a property proposed to be sold for taxes that would allow the sale;

(b) an order prescribing that upon the sale the tax deed will convey all outstanding interests in the property, or subject to such interests in the property, or subject to such interests as the court may specify; and

(c) directions respecting the manner in which notice may be provided, the persons to be notified and such other matters respecting the carrying out of the sale as the court deems appropriate.

(2) The court may require that persons appearing to have an interest in the property other than the assessed owners be notified of the tax sale.

(3) The court may require that any person appearing to have an interest in the property, whether that person is assessed for that interest or not, be given an opportunity to appear on the application.

(4) A tax sale conducted pursuant to an order obtained under this Section is not open to challenge on any grounds and a tax deed of the property so sold conveys a fee simple interest in the property sold, free and discharged of all encumbrances, charges and liens, except any right to redeem pursuant to Section 152, and subject to the exceptions in subsection 156(3) and any exceptions, exclusions or partial interests set out in the order of the court.

(5) Subsections 142(2) and (3) apply to the advertising referred to in subsection (4).

(o) regulate or prohibit development within a specified distance of a watercourse or a municipal water-supply wellhead;

(aa) identify if the variance provisions are to apply to the development agreement;

(ea) the notification area;

(2A) Notwithstanding subsection (2), council may require a larger notification distance for site-plan approvals in its land-use by-law where the municipal planning strategy so provides.

(f) resulting from the disposal, by a municipality, of a street or part of a street or a former street or part of a former street, including the consolidation of a street or part of a street or a former street or part of a former street with adjacent land;

(fa) resulting from the disposal of a trail or part of a trail, including the consolidation of a trail or part of a trail with adjacent land;

268A (1) Two or more lots that are and have been in common ownership and used together since April 15, 1987, or earlier are deemed to be consolidated if the owner or the owner's agent registers a statutory declaration in the appropriate registry of deeds or records a statutory declaration in the land registration office stating that the lots were in common ownership and used together on or before April 15, 1987, and have continued to be so owned and used, and including the facts that support the statement, the present descriptions of the lots including any property identifiers assigned by Service Nova Scotia and Municipal Relations and the description of the consolidated single lot.

(2) Registration or recording of the statutory declaration referred to in subsection (1) is deemed to consolidate the lots as of the date of registration or recording.

(3) Subdivision approval of the consolidation is not required.

(6) A subdivision by-law that is inconsistent with the provincial subdivision regulations is deemed to be amended by the subdivision regulations applicable to the municipality, unless the by-law provisions are more stringent, implement the municipal planning strategy or, with respect to the regulations concerning instruments of subdivision, do not provide for instruments of subdivision.

281A Where a subdivision plan shows a remainder lot that is made up of the remainder of two or more underlying lots that have not been consolidated, the underlying lots are deemed to be consolidated before approval of the subdivision plan unless the application and plan indicate that they are not and if

(a) subsection 282(1) is complied with; and

(b) the remainder lot is ten hectares or less in area, the subdivision plan includes a survey of the entirety of the remainder lot,

in which case, the development officer shall register the deeds respecting the remainder lot, if any, with the approved plan.

(ba) a representative of any municipality to which the area of the town, if dissolved, might be annexed or form part of;

(ea) a record of each representation made on behalf of a municipality to the review officer in the course of a review pursuant to Section 487 and all material prepared for the purpose of making the representation;

464A (1) Where there is a conflict between this Part and any other enactment and the other enactment restricts or prohibits access by any person to a record, this Part prevails over the other enactment unless subsection (2) or the other enactment states that the other enactment prevails over this Part.

(2) The following enactments that restrict or prohibit access by any person to a record prevail over this Part:

(a) Section 19 of the Consumer Reporting Act;

(b) Section 51 of the Corporation Capital Tax Act;

(c) Section 7 of the Emergency "911" Act;

(d) Section 19 of the Forests Act;

(e) Section 126 of the Health Act;

(f) Section 71 of the Hospitals Act;

(g) subsection 9(7) of the Juries Act;

(h) Section 28 of the Labour Standards Code;

(i) Section 32 of the Maintenance Enforcement Act;

(j) subsection 87(2) and Sections 150 and 175 of the Mineral Resources Act;

(k) subsection 98(6) of the Motor Vehicle Act;

(l) Sections 53, 61 and 62 of the Occupational Health and Safety Act;

(m) subsection 11(3) of the Pension Benefits Act;

(n) Sections 72 and 100 of the Petroleum Resources Regulations made pursuant to the Petroleum Resources Act;

(o) subsection 21(4) of the Primary Forest Products Marketing Act;

(p) Section 48 of the Public Trustee Act;

(q) Section 9 of the Statistics Act;

(r) subsection 9(3) of the Procedure Regulations made pursuant to the Trade Union Act;

(s) subsection 37(8) and Section 45 of the Vital Statistics Act;

(t) Sections 23 and 24 of the Young Persons' Summary Proceedings Act.

(3) The Governor in Council may, by regulation, amend subsection (2) by

(a) adding to that subsection a reference to an enactment;

(b) deleting a reference to an enactment from that subsection.

(4) Notwithstanding anything contained in this Act, the provisions in the Vital Statistics Act relating to

(a) rights of access to personal information, including the right to request a search of personal information;

(b) remedial rights relating to the rights described in clause (a);

(c) correction of personal information; and

(d) procedures relating to the matters referred to in clauses (a) to (c), including the payment of fees and the searching of and obtaining access to personal information,

apply in place of the provisions in this Act respecting the matters in clauses (a) to (d).

(5) Notwithstanding anything contained in this Act, Section 71 of the Hospitals Act, and any regulations made in respect of Section 71, relating to

(a) rights of access to personal information;

(b) remedial rights relating to the rights described in clause (a); and

(c) procedures relating to the matters referred to in clauses (a) and (b), including the payment of fees and the searching of and obtaining access to personal information,

apply in place of the provisions in this Part respecting the matters in clauses (a) to (c).

(2A) Subject to subsection (2B), notwithstanding anything contained in this Part, where the record is an executed contract

(a) in which provision is made for the municipality to make a substantial transfer of risk to a person, including risk related to the operation or financing, or both, of government activities; and

(b) that is, or is in a class of contracts that is designated, before or within ninety days of the execution of the contract by the legal decision-making authority by which the municipality acts,

the right of access extends to any information in the contract that, but for this subsection, would be exempted from disclosure pursuant to this Part.

(2B) Subsection (2A) does not apply in respect of any information in the contract, to which that subsection refers,

(a) respecting trade secrets;

(b) respecting the financial and business information of the persons to whom that subsection refers; and

(c) the disclosure of which may reasonably be expected to endanger the safety or health of the public, a person or a group of persons.

479A The responsible officer may refuse to disclose

(a) any information of any kind obtained by a conciliation board, conciliation officer or mediator appointed pursuant to the Civil Service Collective Bargaining Act, the Corrections Act, the Highway Workers Collective Bargaining Act, the Teachers' Collective Bargaining Act or the Trade Union Act or by an employee of the Department of Environment and Labour or an employee, appointee or member of the Civil Service Employee Relations Board, the Correctional Facilities Employee Relations Board, the Highway Workers Employee Relations Board or the Labour Relations Board for the purpose of any of those Acts or in the course of carrying out duties under any of those Acts;

(b) any report of a conciliation board or conciliation officer appointed pursuant to any of those Acts;

(c) any testimony or proceedings before a conciliation board appointed pursuant to any of those Acts.

(1A) Notwithstanding subsection (1), that subsection does not apply if

(a) the responsible officer decides, after examining the request, any relevant records and the views or interests of the third party respecting the disclosure requested, to refuse to disclose the record; or

(b) where the regulations so provide, it is not practical to give notice pursuant to that subsection.

(3A) For greater certainty, the time limited by subsection 467(2) for responding to a request for access to a record is not extended by reason only that a notice is given to an applicant pursuant to subsection (2), but that time may be extended pursuant to Section 469.

(3B) In complying with subsections (1) and (2), the municipality shall not

(a) disclose the name of the applicant to the third party without the consent of the applicant; or

(b) disclose the name of the third party to the applicant without the consent of the third party.

(4) A person who makes a request pursuant to subsection (1) shall, before the review is undertaken, pay the fee prescribed by regulation.

(5) Subsection (4) does not apply where the review relates to access to or a correction of personal information of the applicant.

(6) A regulation prescribing the fee referred to in subsection (4) may be made retroactive to April 4, 2002.

(d) any other person the review officer considers appropriate.

(2A) Where, pursuant to clause (2)(d), the review officer considers that a person is an appropriate person to make representations in the course of a review of a decision of the responsible officer of a municipality, then, notwithstanding anything contained in this Act, that person

(a) is entitled to

(b) is party to the appeal to which the notice of appeal referred to in subclause (a)(iii) relates.

(2) A municipality shall comply with a requirement imposed by the review officer pursuant to clause (1)(a) within such time as is prescribed by the regulations.

(3) Where a municipality does not comply with a requirement imposed by the review officer pursuant to clause (1)(a) within the time limited for so doing by subsection (2), a judge of the Supreme Court of Nova Scotia may, on the application of the review officer, order the municipality to do so.

(4) In an application made pursuant to subsection (3), a judge may give such directions as the judge thinks fit, including ordering which persons shall be parties to the application, which persons shall be given notice of the application and the manner in which such notice shall be given.

(5) An order made pursuant to subsection (3) may contain such provisions and such terms and conditions as the judge thinks fit.

(1A) An appeal is deemed not to have been taken pursuant to this Section unless a notice of appeal is given to the Minister of Justice by the person taking the appeal.

(1B) Where a notice of appeal is given pursuant to subsection (1A), the Minister of Justice may become a party to the appeal by filing with the prothonotary of the Supreme Court of Nova Scotia a notice stating that the Minister of Justice is a party to the appeal.

(6) Where the responsible officer decides to give access to a record or a part of a record after the review officer files a report setting out the review officer's recommendations respecting the matter, the responsible officer shall not give access until the time limited for a third party taking an appeal from the decision to the Supreme Court of Nova Scotia expires and

(a) no appeal has been taken by a third party from the decision within the time limited for so doing; or

(b) where an appeal has been taken within that time by a third party, it has subsequently been abandoned or withdrawn,

but, where an appeal is taken by a third party, the responsible officer shall not give access until either the decision of the responsible officer is upheld by an order of the Supreme Court and the order becomes final by lapse of time or the decision of the responsible officer is upheld by the highest authority to which any further appeal or appeals are taken.

(1A) Every person who knowingly alters a record that is subject to a request in order to mislead the person who made the request is guilty of an offence and liable on summary conviction to a fine of not more than two thousand dollars or to imprisonment for six months, or both.

(d) "Minister" means the Minister of Service Nova Scotia and Municipal Relations;

(e) "municipality" means a regional municipality, town or county or district municipality;

(g) "Provincial property" means property of Her Majesty in right of the Province that is assessed pursuant to the Assessment Act, excluding

(l) "village" means a village as defined in the Municipal Government Act;

(m) "year" means the fiscal year of a municipality as defined in the Municipal Government Act.

(4) A claim for a grant pursuant to subsection (3) shall be submitted by a municipality, village or service commission in the same fiscal year as that for which the taxes were levied.

(1) The uniform assessment of a municipality is equal to the taxable assessment of the municipality plus the capitalized value of payments made to the municipality in lieu of taxes and payments made to a municipality by a utility with respect to taxes, but does not include the building, pump stations, deep well pumps, main transmission lines, distribution lines, meters and associated plant and equipment of a municipal water utility.