BILL NO. 98
(as introduced)
3rd Session, 63rd General Assembly
Nova Scotia
70 Elizabeth II, 2021
Government Bill
Municipal Government Act (amended)
and
Halifax Regional Municipality Charter (amended)
The Honourable Brendan Maguire
Minister of Municipal Affairs
First Reading: April 8, 2021
Second Reading: April 14, 2021
Third Reading: April 19, 2021 (LINK TO BILL AS PASSED)
Explanatory Notes
Clause 1 amends the Municipal Government Act to allow council meetings and council committee meetings to be conducted by electronic means.
Clause 2 allows meetings of a village commission or a committee of a village commission to be conducted by electronic means.
Clause 3 amends the Halifax Regional Municipality Charter to allow Council meetings, community council meetings and Council committee meetings to be conducted by electronic means.
An Act to Amend Chapter 18
of the Acts of 1998,
the Municipal Government Act,
and Chapter 39 of the Acts of 2008,
the Halifax Regional Municipality Charter,
Respecting Virtual Meetings
1 Chapter 18 of the Acts of 1998, the Municipal Government Act, is amended by adding immediately after Section 19 the following Section:
- 19A (1) Where a procedural policy of the council so provides, a council meeting or council committee meeting may be conducted by electronic means if
(a) at least two days prior to the meeting, notice is given to the public respecting the way in which the meeting is to be conducted;
(b) the electronic means enables the public to see and hear the meeting as it is occurring;
(c) the electronic means enables all the meeting participants to see and hear each other; and
(d) any additional requirements established by regulation have been met.
(2) Where a procedural policy of the council so provides, a council member or council committee member may participate in a council meeting or council committee meeting through electronic means if
(a) the electronic means enables the public to see and hear the member as the meeting is occurring;
(b) the electronic means enables all meeting participants to see and hear each other; and
(c) any additional requirements established by regulation have been met.
(3) A council member participating in a council meeting or council committee meeting by electronic means is deemed to be present at the meeting.
(4) The notice to the public referred to in clause (1)(a) must be given by
(a) publication in a newspaper circulating in the municipality;
(b) posting on the municipality’s publicly accessible Internet site and in at least five conspicuous places in the municipality; or
(c) such other method permitted by regulation.
(5) Notwithstanding clause (1)(a), where the mayor or warden determines that there is an emergency, a meeting may be conducted by electronic means without notice or with such notice as is possible in the circumstances.
(6) The Minister may make regulations
(a) respecting council meetings and council committee meetings conducted by electronic means;
(b) respecting the participation of a council member or council committee member in a council meeting or council committee meeting by electronic means.
(7) The exercise by the Minister of the authority contained in subsection (6) is a regulation within the meaning of the Regulations Act.
2 Chapter 18 is further amended by adding immediately after Section 408B the following Section:
- 408C Where a procedural by-law of the village commission so provides, a meeting of the village commission or a committee of the village commission may be conducted by electronic means if
(a) at least two days prior to the meeting, notice is given to the public respecting the way in which the meeting is to be conducted;
(b) the electronic means enables the public to see and hear the meeting as it is occurring;
(c) the electronic means enables all the meeting participants to see and hear each other; and
(d) any additional requirements established by regulation have been met.
(2) Where a procedural by-law of the village commission so provides, a village commissioner may participate in a village commission meeting or village commission committee meeting through electronic means if
(a) the electronic means enables the public to see and hear the village commissioner as the meeting is occurring;
(b) the electronic means enables all meeting participants to see and hear each other; and
(c) any additional requirements established by regulation have been met.
(3) A village commissioner participating in a village commission meeting or village commission committee meeting by electronic means is deemed to be present at the meeting.
(4) The notice to the public referred to in clause (1)(a) must be given by
(a) publication in a newspaper circulating in the village;
(b) posting in at least five conspicuous places in the village; or
(c) such other method permitted by regulation.
(5) The Minister may make regulations
(a) respecting village commission meetings and village commission committee meetings conducted by electronic means;
(b) respecting the participation of a village commissioner in a village commission meeting or village commission committee meeting by electronic means.
(6) The exercise by the Minister of the authority contained in subsection (5) is a regulation within the meaning of the Regulations Act.
3 Chapter 39 of the Acts of 2008, the Halifax Regional Municipality Charter, is amended by adding immediately after Section 16 the following Section:
- 16A (1) Where a procedural policy of the Council so provides, a Council meeting, community council meeting or Council committee meeting may be conducted by electronic means if
(a) at least two days prior to the meeting, notice is given to the public respecting the way in which the meeting is to be conducted;
(b) the electronic means enables the public to see and hear the meeting as it is occurring;
(c) the electronic means enables all the meeting participants to see and hear each other; and
(d) any additional requirements established by regulation have been met.
(2) Where a procedural policy of the Council so provides, a Council member or Council committee member may participate in a Council meeting, community council meeting or Council committee meeting through electronic means if
(a) the electronic means enables the public to see and hear the member as the meeting is occurring;
(b) the electronic means enables all meeting participants to see and hear each other; and
(c) any additional requirements established by regulation have been met.
(3) A Council member participating in a Council meeting, community council meeting or Council committee meeting by electronic means is deemed to be present at the meeting.
(4) The notice to the public referred to in clause (1)(a) must be given by
(a) publication in a newspaper circulating in the Municipality;
(b) posting on the Municipality’s publicly accessible Internet site and in at least five conspicuous places in the Municipality; or
(c) such other method permitted by regulation.
(5) Notwithstanding clause (1)(a), where the Mayor determines that there is an emergency, a meeting may be conducted by electronic means without notice or with such notice as is possible in the circumstances.
(6) The Minister may make regulations
(a) respecting Council meetings, community council meetings and Council committee meetings conducted by electronic means;
(b) respecting the participation of a Council member or Council committee member in a Council meeting, community council meeting or Council committee meeting by electronic means.
(7) The exercise by the Minister of the authority contained in subsection (6) is a regulation within the meaning of the Regulations Act.
This page and its contents published by the Office of the Legislative Counsel, Nova Scotia House of Assembly, and © 2021 Crown in right of Nova Scotia. Created April 19, 2021. Send comments to legc.office@novascotia.ca.
