Municipal Government Act (amended)

BILL NO. 5

(as introduced)

4th Session, 61st General Assembly
Nova Scotia
61 Elizabeth II, 2012

Government Bill

Municipal Government Act
(amended)

The Honourable John MacDonell
Minister of Service Nova Scotia and Municipal Relations

First Reading: April 2, 2012

(Explanatory Note)

Second Reading: May 1, 2012

Third Reading: May 7, 2012 (LINK TO BILL AS PASSED)

Explanatory Note

This Bill amends the Municipal Government Act to enable municipalities to

(a) expend money for the financing and installation of privately owned solar panels and other energy-efficient equipment on private property; and

(b) create by-laws setting out rules for imposing municipal charges to recover the cost from participating citizens.

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 Section 65 of Chapter 18 of the Acts of 1998, the Municipal Government Act, as amended by Chapter 35 of the Acts of 2001, Chapter 9 of the Acts of 2003, Chapter 7 of the Acts of 2004 and Chapter 9 of the Acts of 2005, is further amended by adding immediately after clause (ac) the following clause:

(aca) providing for, financing and installing energy-efficiency equipment on private property including, without restricting the generality of the foregoing, solar panels;

2 Chapter 18 is further amended by adding immediately after Section 81 the following Section:

81A (1) The council may make by-laws imposing, fixing and providing methods of enforcing payment of charges for the installation of energy-efficiency equipment on private property with the consent of the property owner including, without restricting the generality of the foregoing, solar panels.

(2) A by-law passed pursuant to this Section may provide

(a) that the charges fixed by, or determined pursuant to, the by-law may be chargeable according to a plan or method set out in the by-law;

(b) that the charges may be different for different classes of development and may be different in different areas of the municipality;

(d) that the charges are first liens on the real property and may be collected in the same manner as other taxes;

(e) 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;

(f) a means of determining when the lien becomes effective or when the charges become due and payable;

(g) that the amount payable may, at the option of the owner of the property, be paid in the number of annual instalments set out in the by-law and, upon default of payment of any instalment, the balance becomes due and payable; and

(h) that interest is payable annually on the entire amount outstanding and unpaid, whether or not the owner has elected to pay by instalments, at a rate and beginning on a date fixed by the by-law.

This page and its contents published by the Office of the Legislative Counsel, Nova Scotia House of Assembly, and © 2012 Crown in right of Nova Scotia. Created May 15, 2012. Send comments to legc.office@novascotia.ca.

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