BILL NO. 82

(as introduced)

1st Session, 63rd General Assembly
Nova Scotia
67 Elizabeth II, 2018

 

Government Bill

 

Halifax Regional Municipality Charter
(amended)

 

The Honourable Derek Mombourquette
Minister of Municipal Affairs

First Reading: March 8, 2018

(Explanatory Note)

Second Reading: March 22, 2018

Third Reading: April 13, 2018 (LINK TO BILL AS PASSED)

Explanatory Note

This Bill provides authority for Halifax Regional Municipality to require that any future development in the Cogswell Redevelopment Area be connected to a district energy system to be established for that area.

An Act to Amend Chapter 39
of the Acts of 2008,
the Halifax Regional Municipality Charter,
Respecting a District Energy System

Be it enacted by the Governor and Assembly as follows:

1 Section 3 of Chapter 39 of the Acts of 2008, the Halifax Regional Municipality Charter, as amended by Chapters 16 and 64 of the Acts of 2010, Chapter 4 of the Acts of 2011, Chapter 63 of the Acts of 2012 and Chapter 13 of the Acts of 2017, is further amended by

(a) adding immediately after clause (ja) the following clause:

(jb) "Cogswell District Energy Boundary" means the area delineated in the map in Schedule D to this Act;

and

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

(va) "district energy system" means a system designed to supply heating or cooling by continuously circulating, to more than one building, through a system of interconnected pipes, steam or water that is heated or cooled using thermal energy recovered from wastewater;

2 (1) Subsection 104(1) of Chapter 39, as amended by Chapter 49 of the Acts of 2014, is further amended by adding immediately after clause (a) the following clause:

(aa) expenditures incurred for the district energy system within the Cogswell District Energy Boundary;

(2) Section 104 of Chapter 39, as amended by Chapter 49 of the Acts of 2014, is further amended by adding immediately after subsection (7) the following subsection:

(8) Subsection (7) does not apply in respect of any by-law made and any charge imposed or fixed pursuant to clause 104(1)(aa).

3 Subsection 104A(1) of Chapter 39, as enacted by Chapter 52 of the Acts of 2010 and amended by Chapter 25 of the Acts of 2016, is further amended by relettering clause (a) as (ab) and adding immediately before that clause the following clauses:

(a) equipment installed pursuant to an expenditure under clause 79(1)(ac) in respect of a district energy system within the Cogswell District Energy Boundary;

(aa) equipment installed pursuant to an expenditure under clause 79(1)(ad) in respect of a district energy system within the Cogswell District Energy Boundary;

4 Subsection 188(1) of Chapter 39, as amended by Chapter 64 of the Acts of 2010, is further amended by adding immediately after clause (l) the following clause:

(la) subject to the regulation of the Board, the establishment and operation of a district energy system within the Cogswell District Energy Boundary;

(lb) the authorization of the General Manager of the Halifax Regional Water Commission to exercise the powers and authorities of the General Manager set out in Sections 9 and 10 of the Halifax Regional Water Commission Act in respect of the district energy system;

(lc) the authorization of the Council to require, where the Council considers it necessary or advisable, that a building or other structure, built within the Cogswell District Energy Boundary after the coming into force of the by-law, be connected to the district energy system;

5 Subsection 235(5) of Chapter 39, as amended by Chapter 41 of the Acts of 2008, Chapter 16 of the Acts of 2009, Chapter 18 of the Acts of 2013 and Chapter 16 of the Acts of 2014, is further amended by adding immediately after clause (j) the following clauses:

(ja) require and regulate the establishment of a district energy system within the Cogswell District Energy Boundary;

(jb) require, where the Council considers it necessary or advisable, that a building or other structure, built within the Cogswell District Energy Boundary after the coming into force of the by-law, be connected to the district energy system;

6 Chapter 39 is further amended by adding immediately after Schedule C the following Schedule:

 

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