BILL NO. 41
1st Session, 63rd General Assembly
66 Elizabeth II, 2017
Digby Water Commission Act
First Reading: October 11, 2017
Second Reading: October 17, 2017
Third Reading: October 26, 2017 (LINK TO BILL AS PASSED)
Clause 1 updates the definition of "Board" to mean the Nova Scotia Utility and Review Board.Clause 2
(a) reduces the number of number of residents who are members of the Digby Water Commission (not including the Mayor of the Town of Digby and the member of the Town Council who is appointed as member of the Commission) from five to three and allows these resident members to be appointed from among persons residing in either the Town or any part of the Municipality of the District of Digby that receives services from the Commission;
(b) specifies when the terms of office for the next-appointed members of the Commission (other than the Mayor of the Town of Digby) end and provides that all successors of those members serve for four years; and
Clause 4 updates references to the former Municipal Affairs Act to refer to the Municipal Government Act.
Clause 5 repeals a redundant provision that excepts the property of the Commission from assessment for the purpose of municipal taxation. Under the Assessment Act, the property of the Commission is not assessable.Clause 6 deletes provisions respecting payments out of the surplus of the Commission's undertaking to be made to the Town of Digby for the general purposes of the Town and the financial statements of the Commission to be consolidated with the audited financial statements of the Town in accordance with the system of accounting to be used by municipalities under the Municipal Government Act (currently set out in the Financial Reporting and Accounting Manual).
Clause 7 provides for public inspection of the financial statements of the Commission.
Clause 8 updates a reference to the former Towns' Incorporation Act to refer to the Municipal Government Act.
Clause 9 vacates the office of every member of the Commission, other than the member who is the Mayor of the Town of Digby, serving at the time this Bill comes into force.
Be it enacted by the Governor and Assembly as follows:
1 Section 2 of Chapter 87 of the Acts of 1948, the Digby Water Commission Act, is amended by striking out "Board of Commissioners of Public Utilities of the Province of Nova Scotia" in the fifth, sixth and seventh lines and substituting "Nova Scotia Utility and Review Board".
2 (1) Subsection 3(1) of Chapter 87, as amended by Chapter 83 of the Acts of 1975 and Chapter 69 of the Acts of 1980, is further amended by(a) striking out "seven" in the second line and substituting "five";
(4A) The terms of office of the four members of The Commission, other than the Mayor of the Town, appointed by the Council immediately after the coming into force of this subsection shall be as follows:
3 (1) Subsection 5(1) of Chapter 87 is repealed and the following subsections substituted:
4 (1) Subsection 11(1) of Chapter 87 is amended by striking out "Affairs" in the second line and substituting "Government".
5 Section 12 of Chapter 87 is repealed.
6 Section 16 of Chapter 87 is amended by
(b) striking out "Accompanying such financial statements The Commission shall in writing, submit to the Council its recommendation of the amount or amounts of money to be paid from the surplus of The Commission's undertaking or undertakings to the Town for the general purposes of the Town. Final decision of the amount or amounts to be paid by The Commission from the surplus of The Commission's undertaking to the Town for the general purposes of the Town shall rest with the Town Council." in the eighth to eighteenth lines; and
7 Section 17 of Chapter 87 is repealed and the following subsection substituted:
8 Section 19 of Chapter 87 is amended by striking out "Towns Incorporation" in the first and second lines and substituting "Municipal Government".9 Every individual who was a member of the Digby Water Commission immediately before the coming into force of this Act, other than the member who is the Mayor of the Town of Digby, ceases to be a member of the Commission upon the coming into force of this Act.
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