Municipal Government Act (amended)

BILL NO. 98

(as introduced)

1st Session, 59th General Assembly
Nova Scotia
53 Elizabeth II, 2004

Government Bill

Municipal Government Act
(amended)

The Honourable Barry Barnet
Minister of Service Nova Scotia and Municipal Relations

First Reading: September 24, 2004

(Explanatory Notes)

Second Reading: September 27, 2004

Third Reading: October 7, 2004 (LINK TO BILL AS PASSED)

Explanatory Notes

Clause 1 adds the ability to deal with subdivision in an order to establish an interim planning area made pursuant to Section 198 of the Municipal Government Act and to limit or prohibit in part, subdivision and development in such an order.

Clause 2 clarifies that a non-conforming mobile home that is destroyed by fire may be replaced. Clause 3 clarifies that a land-use by-law may specify minimum lot dimensions or lot area but that it is the subdivision by-law that can provide for the approval of up to two lots that do not meet these requirements.

Clause 4 provides an exception to the requirement to hold a public hearing for the closure of a street or part thereof.

Clause 5 provides that the Act comes into force on proclamation.

An Act to Amend Chapter 18
of the Acts of 1998,
the Municipal Government Act

Be it enacted by the Governor and Assembly as follows: 1 Subsection 198(4) of Chapter 18 of the Acts of 1998, the Municipal Government Act, is amended by (a) adding "subdivision" immediately after "area" in the first line;(b) adding "subdivision or" immediately after "of" in the second line;(c) adding "or limited" immediately after "regulated" in the second line; and (d) adding "in whole or in part" immediately after "prohibited" in the third line. 2 Clause 239(1)(a) of Chapter 18 is amended by adding ", replaced" immediately after "rebuilt" in the first line. 3 Section 279 of Chapter 18 is amended by

(a) adding "or a land use by-law" immediately after "by-law" in the first line; and

(b) adding "subdivision" immediately after "the" the first time it appears in the second line.

4 Section 315 of Chapter 18 is amended by adding immediately after subsection (1) the following subsection:

(1A) Notwithstanding subsection (1), where a street or part of a street is being altered, improved or redesigned, part of that street may be closed without holding a public hearing under subsection (1) if (a) the part of the street that remains open

(i) is open to vehicular and pedestrian traffic, and

(ii) meets all the municipal standards; and

(b) the part of the street that is closed

(i) is determined by the engineer to be surplus, and (ii) is worth less than fifty thousand dollars.

5 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 © 2004 Crown in right of Nova Scotia. Created October 20, 2004. Send comments to legc.office@novascotia.ca.

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