BILL NO. 38
1st Session, 64th General Assembly
70 Elizabeth II, 2021
New Minas Water Commission Act
The Honourable Keith Irving
First Reading: October 21, 2021
Second Reading: October 29, 2021
Third Reading: November 5, 2021 (LINK TO BILL AS PASSED)
- (i) ordinarily resident in the Village,
4 The authority, powers and privileges of the Commission and the management of its affairs are vested in and may be exercised by the Board, and the Board shall perform the duties and functions of the Commission.(b) two qualified ratepayers appointed by the village commissioners.
(2) Notwithstanding any provision of this Act, no person may be appointed a water commissioner unless the person has continuously been rated in respect of property in the Village and has been ordinarily resident in the Village continuously for at least three years immediately before the person's appointment.
(3) Where a person appointed pursuant to clause 5(1)(a) ceases to be a water commissioner, the person appointed pursuant to subsection (1) to fill the vacancy created thereby must be a village commissioner.
9 (1) Every person appointed as a water commissioner shall, before beginning the person's duties as a water commissioner, take and subscribe an oath or affirmation of office in the form determined by the Commission.
(2) The oath or affirmation may be administered by a judge of the Supreme Court of Nova Scotia, a judge of the Provincial Court of Nova Scotia, a notary public or a commissioner of oaths for the Province.
(3) Notwithstanding subsection (2), the Chair or Vice-chair ceases to hold office if the Chair or Vice-chair, as the case may be, ceases to be a water commissioner within one year of the Chair's or Vice-chair's appointment.
(2) The Commission shall pay each water commissioner, other than the Chair, an honorarium to be determined from time to time by the Board for each 12-month period during which the person is a water commissioner.
(3) Where a person has not been Chair or a water commissioner during the whole of a 12-month period for which an honorarium is otherwise payable pursuant to subsection (1) or (2), the amount of the honorarium is pro-rated over the number of months served.
13 Subject to any resolutions passed by the Board pursuant to clause 17(c) that relate to the conduct of a meeting or the ability of the Board to consider matters in camera, all meetings of the Board must be open meetings and may be attended by any person who is
15 The object of the Commission is to administer, manage and operate, as agent of the Village, a water works or water system owned or beneficially owned by the Village to supply water and water services.
17 The Board may from time to time, by resolution not inconsistent with this Act, provide for the management and operation of the Commission and, without restricting the generality of the foregoing, make resolutions in respect of
18 All documents to which the Commission is a party, including all agreements, assignments, conveyances, deeds, leases, mortgages, transfers and releases in which the Commission is landlord or tenant must be executed by and on behalf of the Commission under its corporate seal by any two of the Chair, Vice-chair, a water commissioner or the Secretary-treasurer.
19 (1) The Commission may do such acts or things as may be necessary for, incidental or conducive to or consequential upon the exercise of its powers or attainment of its objects and, without restricting the generality of the foregoing, may
(b) from time to time borrow money from any chartered bank in the Province or, subject to Section 23, from the Village for the purpose of defraying the current expenditures of the Commission paid or incurred during a fiscal year of the Commission for the purpose of exercising any powers or attaining any object of the Commission if the aggregate amount of money borrowed in that year does not exceed 50% of the aggregate amount of all water rates that, during that year, become due to the Commission as agent of the Village pursuant to this Act;
(e) invest money not required for the immediate purpose of the Commission in securities in which trustees are authorized by law to invest trust funds or deposit and keep such money deposited in an account at a chartered bank for such periods of time as the Board determines;
(g) subject to the Public Utilities Act, administer, manage and operate, as agent of the Village, a water works or water system owned or beneficially owned by the Village, inside and outside the boundaries of the Village to supply water;
(h) subject to the approval of the Nova Scotia Utility and Review Board, from time to time and as agent of the Village, determine rates for the supply of water and water services by the Commission and collect, demand payment of and sue for such rates or any charges imposed by it pursuant to this Act; and
- (i) provide for the inspection of water connections and meter services provided by the Commission,
(iii) subject to the approval of the Nova Scotia Utility and Review Board, prescribe rates for the restoration of water service and supply discontinued under a resolution passed pursuant to subclause (ii).
(2) Any interest that, during any fiscal year of the Commission, becomes due and payable by the Commission on money borrowed by the Commission pursuant to clause (1)(b) to defray current expenditures paid or incurred during that year must be added to the current expenses of the Commission for that year.
21 The Commission shall, at each annual meeting of the electors of the Village held pursuant to the Municipal Government Act, present an audited financial statement setting forth the assets and liabilities of the Commission and the receipts and expenditures of the Commission for the immediately preceding year.
22 (1) Any person who is ordinarily resident in the Village or in any area serviced by the water works or water system and entitled to vote at a municipal election may, at all reasonable times, inspect the accounts, books and records of the Commission.
23 Notwithstanding the Municipal Government Act or any other enactment, but subject to the approval of the Minister of Municipal Affairs and Housing, the village commissioners may lend money to the Commission and accept and receive therefrom promissory notes or any other security.
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