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Halifax Regional Municipality Charter and Municipal Government Act (amended)

BILL NO. 66

(as introduced)

1st Session, 62nd General Assembly
Nova Scotia
63 Elizabeth II, 2014



Government Bill



Halifax Regional Municipality Charter
and Municipal Government Act
(amended)



The Honourable Mark Furey
Minister of Municipal Affairs



First Reading: April 23, 2014

(Explanatory Notes)

Second Reading: April 24, 2014

Third Reading: May 1, 2014 (LINK TO BILL AS PASSED)

Explanatory Notes

Clause 1 amends the Halifax Regional Municipality Charter to provide that the requirement that a question arising at a meeting of the Council of Halifax Regional Municipality ("HRM") be decided by a majority of votes is subject to any policy of Council that prescribes otherwise.

Clause 2 allows the Council or any committee appointed by the Council to meet in closed session to discuss matters relating to any subject if the discussion of the subject could, in the opinion of the Council or the committee, as applicable, violate the confidentiality of information obtained from either of the Government of Canada or the Government of Nova Scotia, an agency of either Government or a public body.

Clause 3 authorizes the Council to make policies prescribing when a special majority is required to decide a question arising at a meeting of the Council, a committee of the Council or a community council, and the size of such special majorities.

Clause 4 makes it optional for HRM to survey and prepare a description of a property proposed to be expropriated.

Clauses 5 and 6 harmonize a provision authorizing a municipal planning strategy to include a statement of policy in respect of the regulation or prohibition of development in areas near airports with a complementary provision that authorizes a land-use by-law to regulate or prohibit the same where a municipal planning strategy so provides.

Clause 7 allows justices of the peace to make an order authorizing entry into or on a property for the purpose of an inspection necessary to administer an order, land-use by-law, development agreement, regulation or statement of provincial interest.

Clause 8 allows infrastructure charges to be imposed in a subdivision by-law to recover actual or anticipated capital costs incurred by HRM as a result of the subdivision and development of land in relation to new or expanded recreational facilities, fire facilities and library facilities.

Clauses 9 and 10 allow justices of the peace and judges of the Provincial Court of Nova Scotia to make an order authorizing entry to a building and an order restraining a person from further interference, if a person has refused to allow the Administrator (an HRM employee responsible for the provisions of the Halifax Regional Municipality Charter respecting dangerous or unsightly premises) or an inspector to exercise, or has attempted to interfere or interfered with the exercise by the Administrator or inspector of a power granted under the Charter.

Clause 11 validates and makes lawful the making of the since-repealed Administrative Order Number One by the Council on April 2, 1996, and validates and makes lawful that which was done in accordance with it.

Clauses 12 and 13 amend the Municipal Government Act to harmonize a provision authorizing a municipal planning strategy to include a statement of policy in respect of the regulation or prohibition of development in areas near airports with a complementary provision that authorizes a land-use by-law to regulate or prohibit the same where a municipal planning strategy so provides.

Clause 14 makes Clauses 1 and 3 retroactive to the coming into force of the Halifax Regional Municipality Charter on January 13, 2009.

An Act to Amend Chapter 39
of the Acts of 2008,
the Halifax Regional Municipality Charter,
and Chapter 18 of the Acts of 1998,
the Municipal Government Act

Be it enacted by the Governor and Assembly as follows:

1 Subsection 18(1) of Chapter 39 of the Acts of 2008, the Halifax Regional Municipality Charter, is amended by adding "or policy" immediately after "statute" in the first line.

2 Subsection 19(2) of Chapter 39 is amended by

(a) striking out the period at the end of clause (h) and substituting a semicolon; and

(b) adding immediately after clause (h) the following clause:

(i) any subject, the discussion of which could, in the opinion of the Council or the committee, as the case may be, violate the confidentiality of information obtained from

(i) the Government of Canada or the Government of the Province,

(ii) an agency of the Government of Canada or the Government of the Province, or

(iii) a public body.

3 Section 20 of Chapter 39 is amended by adding immediately after subsection (1) the following subsection:

(1A) The Council may, by policy, prescribe

(a) when a question arising at a meeting of the Council, a committee of Council or a community council must be decided by a majority of votes greater than a simple majority; and

(b) the size of the majority required to decide a question referred to in clause (a).

4 Clause 65(2)(a) of Chapter 39 is amended by striking out "shall" in the first line and substituting "may".

5 Clause 229(1)(p) of Chapter 39 is repealed and the following clause substituted:

(p) the regulation or prohibition of development in areas near airports with a noise exposure forecast or noise exposure projections in excess of thirty, as set out on maps produced by an airport authority, as revised from time to time, and reviewed by the Department of Transport (Canada);

6 Clause 235(5)(q) of Chapter 39 is repealed and the following clause substituted:

(q) regulate or prohibit development in areas near airports with a noise exposure forecast or noise exposure projections in excess of thirty, as set out on maps produced by an airport authority, as revised from time to time, and reviewed by the Department of Transport (Canada);

7 (1) Subsection 277(4) of Chapter 39 is amended by

(a) striking out "judge" in the first line and substituting "justice or a judge of the Supreme Court of Nova Scotia";

(b) adding "justice or" immediately after "the" in the second line and the second time it appears in the last line.

(2) Subsection 277(5) of Chapter 39 is amended by striking out "judge" in the first line and substituting "justice or a judge of the Supreme Court of Nova Scotia".

8 Subsection 284(2) of Chapter 39 is amended by

(a) striking out the comma at the end of clause (f) and substituting a semicolon; and

(b) adding immediately after clause (f) the following clauses:

(g) new or expanded parks, playgrounds, trails, bicycle paths, swimming pools, ice arenas, recreation centres and other recreational facilities;

(h) new or expanded fire departments and other fire facilities;

(i) new or expanded public libraries and other library facilities,

9 Subsection 362(3) of Chapter 39 is amended by adding "justice or a" immediately after "a" in the third line.

10 Clause 367(3)(c) of Chapter 39 is amended by adding "justice or a" immediately after "a" in the fourth line.

11 (1) In this Section, "Administrative Order Number One" means Administrative Order Number One, the Procedure of Council Administrative Order, an administrative order of the Council of Halifax Regional Municipality made on April 2, 1996, and continued in force as a policy, within the meaning of the Halifax Regional Municipality Charter, of the Council, as amended from time to time, until its repeal on August 9, 2011.

(2) Administrative Order Number One is hereby validated and deemed to have been lawfully made, and everything done under the authority of Administrative Order Number One or for the purpose of bringing Administrative Order Number One into effect is hereby validated and deemed to have been lawfully done.

12 Clause 214(1)(p) of Chapter 18 of the Acts of 1998, the Municipal Government Act, is repealed and the following clause substituted:

(p) the regulation or prohibition of development in areas near airports with a noise exposure forecast or noise exposure projections in excess of thirty, as set out on maps produced by an airport authority, as revised from time to time, and reviewed by the Department of Transport (Canada);

13 Clause 220(5)(q) of Chapter 18 is repealed and the following clause substituted:

(q) regulate or prohibit development in areas near airports with a noise exposure forecast or noise exposure projections in excess of thirty, as set out on maps produced by an airport authority, as revised from time to time, and reviewed by the Department of Transport (Canada);

14 Sections 1 and 3 have effect on and after January 13, 2009.


This page and its contents published by the Office of the Legislative Counsel, Nova Scotia House of Assembly, and © 2014 Crown in right of Nova Scotia. Created May 1, 2014. Send comments to legc.office@novascotia.ca.