BILL NO. 41

(as passed)

1st Session, 63rd General Assembly
Nova Scotia
66 Elizabeth II, 2017

Local Bill

Digby Water Commission Act
(amended)

CHAPTER 18 OF THE ACTS OF 2017

Gordon Wilson
Clare–Digby

First Reading: October 11, 2017 (LINK TO BILL AS INTRODUCED)

Second Reading: October 17, 2017

Third Reading: October 26, 2017

Royal Assent: October 26, 2017

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

(b) striking out "five" in the sixth line and substituting "three"; and

(c) adding "or any area within the Municipality of the District of Digby that receives services from The Commission" immediately after "Town" in the seventh line.

(2) Subsection 3(4) of Chapter 87 is repealed and the following subsections substituted:

(3) Section 3 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 adding immediately after subsection (6) the following subsection:

(4) Subsection 3(7) of Chapter 87 is amended by striking out "serve without compensation, but shall" in the second line.

3 (1) Subsection 5(1) of Chapter 87 is repealed and the following subsections substituted:

(2) Subsection 5(3) of Chapter 87 is amended by

(a) striking out "The Towns' Incorporation" in the first and second lines and substituting "the Municipal Government";

(b) striking out "the town clerk" in the second line and substituting ", the Chief Administrative Officer";

(c) striking out "his duties as such town clerk" in the third and fourth lines and substituting "the duties of the Chief Administrative Officer,"; and

(d) striking out "town clerk" in the ninth line and substituting "Chief Administrative Officer".

4 (1) Subsection 11(1) of Chapter 87 is amended by striking out "Affairs" in the second line and substituting "Government".

(2) Subsection 11(2) of Chapter 87 is amended by striking out "Affairs" in the first line and substituting "Government".

5 Section 12 of Chapter 87 is repealed.

6 Section 16 of Chapter 87 is amended by

(a) adding "(1)" immediately after the Section number;

(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

(c) adding the following subsection:

7 Section 17 of Chapter 87 is repealed and the following subsection substituted:

17 The financial statements of The Commission must be open to public inspection at the office of The Commission upon request during the regular business hours of The Commission.

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.