BILL NO. 407
(as introduced)
1st Session, 64th General Assembly
Nova Scotia
2 Charles III, 2024
Government Bill
Antigonish Consolidation Act
The Honourable John Lohr
Minister of Municipal Affairs and Housing
First Reading: February 27, 2024
Second Reading:
Third Reading:
An Act to Consolidate the Town of Antigonish
and the Municipality of the County of Antigonish
1 This Act may be cited as the Antigonish Consolidation Act.
"Consolidated Municipality" means the County on and after the dissolution of the Town;
"Coordinator" means the Coordinator appointed under Section 5;
"Council" means the Council of the Consolidated Municipality;
"County" means the Municipality of the County of Antigonish;
"Dissolution Date" means November 1, 2024;
"Interim Chief Administrative Officer" means the Interim Chief Administrative Officer appointed under subsection 9(1);
"Mayor", with respect to the Consolidated Municipality, means the chair of the Council if elected at large;
"Minister" means the Minister of Municipal Affairs and Housing;
(a) a service commission in the area of a municipal unit, including a water or electrical utility;
(b) an authority, board, commission, corporation or other entity of a municipal unit; or
(c) a joint authority, board, commission, committee or other entity involving a municipal unit;
"municipal unit" means the Town or the County;
"Town" means the Town of Antigonish;
"Transition Committee" means the Transition Committee established by Section 6.3 On the Dissolution Date, the Town is dissolved and the inhabitants of the Town become residents of the Consolidated Municipality.
4 Notwithstanding any other provision of this Act, the County, at all times and for all purposes, continues as the same municipality under the Municipal Government Act with the name "Municipality of the County of Antigonish".
5 (1) The Governor in Council shall appoint a person, for such term and on such conditions as the Governor in Council determines, to be the Coordinator for the transition period leading to the dissolution of the Town and continuation of the County.
(2) The Coordinator has all the powers of a commissioner appointed pursuant to the Public Inquiries Act.
6 (1) A Transition Committee is established consisting of the Coordinator, the Mayor and Deputy Mayor of the Town and the Warden and Deputy Warden of the County.
(2) The Coordinator is the chair of the Transition Committee.
(3) Each municipal unit shall designate, by motion of council, an alternative member of council to attend meetings of the Transition Committee in place of a member of the Committee from that municipal unit who is unable to attend.
(4) Upon the first elected Council taking office pursuant to this Act, the Transition Committee is dissolved.
7 (1) The meetings of the Transition Committee must be held in accordance with the procedures required for a municipal council by the Municipal Government Act except as provided by this Act.
(2) A quorum for a meeting of the Transition Committee must include the Coordinator and at least one member from each municipal unit.
(3) All decisions of the Transition Committee are determined by majority vote.
(4) The Coordinator may only vote in the case of a tie.
(5) The Transition Committee may hold a virtual meeting if the requirements in Section 19A of the Municipal Government Act, except procedural policy, are met.
(6) The Transition Committee may permit electronic submissions from or electronic participation in a meeting by a staff member of a municipal government, an expert, a resident or an interested person.
8 (1) The Transition Committee has all the powers of the council of a municipality.
(2) The Transition Committee may determine the administrative structure of the Consolidated Municipality to be implemented on the Dissolution Date.
(3) The Transition Committee may enter into contracts, sue and be sued, acquire real and personal property, engage officers and employees, prescribe a seal, make expenditures and do such other things as are required for the orderly dissolution of the Town and the transition to the Consolidated Municipality.
(4) All decisions and acts of the Transition Committee
(a) have immediate force and effect;
(b) on and after the Dissolution Date, are deemed to have been exercised by the Consolidated Municipality; and
(c) continue in force and effect until the Council repeals or replaces the decision or action.
(5) The officers and employees of the municipal governments shall render assistance and furnish all information and perform all acts as requested by the Transition Committee.
9 (1) The Transition Committee shall appoint an Interim Chief Administrative Officer of the Committee by July 1, 2024.
(2) On the Dissolution Date, the chief administrative officers for the municipal units cease to hold those positions.
(3) The individuals in the positions of chief administrative officer referred to in subsections (1) and (2) are not eligible for the benefits provided for under Section 11.
(4) The Council shall revoke the appointment of the Interim Chief Administrative Officer and appoint a Chief Administrative Officer as soon as practicable after the Dissolution Date.
10 (1) Prior to the Dissolution Date, the Interim Chief Administrative Officer, in consultation with the Transition Committee and the heads of departments of the municipal units, may review the employment positions for the Consolidated Municipality, determine whether there are any redundant or unnecessary positions and then conduct competitions for each of the remaining positions between applicants who are existing employees of the municipal units.
(a) any former employees of the Town, other than the Chief Administrative Officer for the Town, who successfully competed for an available position in the Consolidated Municipality pursuant to subsection (1) become employees of the Consolidated Municipality; and
(b) any employees of the County who successfully competed for an available position in the Consolidated Municipality pursuant to subsection (1) continue as employees of the Consolidated Municipality,
with the same salary and benefits but not necessarily in an equivalent position.
(3) Any employees whose employment position is not reviewed pursuant to subsection (1), other than the Chief Administrative Officer for the Town, become employees of the Consolidated Municipality on the Dissolution Date.
(4) An employee referred to in subsection (2) who is under an employee performance management plan at the time of the employee's successful competition for a position in the Consolidated Municipality continues with that performance management plan in the employee's new or continued position with the Consolidated Municipality.
(5) An employee referred to in subsection (3) who is under an employee performance management plan at the time of the Dissolution Date continues with that performance management plan in the employee's position with the Consolidated Municipality.
(6) Where there are no persons referred to in subsection (1) who apply or meet the basic requirements for a position, the Interim Chief Administrative Officer may, prior to the Dissolution Date, employ other persons who become employees of the Consolidated Municipality.
(7) Where the review under subsection (1) has not been completed prior to the Dissolution Date, the Chief Administrative Officer for the Consolidated Municipality may review the employment positions for the Consolidated Municipality, determine whether there are any redundant or unnecessary positions and then conduct competitions for each of the remaining positions between applicants who are existing employees of the Consolidated Municipality.
11 (1) The Transition Committee may provide early retirement, pre-retirement, termination or severance benefits for any employee of a municipal unit who is not to be kept employed by the Consolidated Municipality primarily as a result of the dissolution of the Town after the review is conducted under subsection 10(1) or (7).
(2) An early retirement program may be limited to the incumbents of positions that the Interim Chief Administrative Officer considers redundant or unnecessary for the Consolidated Municipality.
(3) Notwithstanding the Municipal Government Act, the cost of the severance benefits must be borne by the Consolidated Municipality and not, in the case of employees of the Town, be charged to the Town.
(4) The sums required for the purpose of this Section may be borrowed by the Transition Committee and must be repaid by the Consolidated Municipality in not more than 10 annual instalments, as determined by the Council.
12 (1) Prior to April 26, 2024, the Coordinator shall apply to the Nova Scotia Utility and Review Board for a determination of, and the Board shall determine, the number of councillors and the boundaries of the polling districts in the Consolidated Municipality.
(2) Before the Coordinator applies to the Nova Scotia Utility and Review Board pursuant to subsection (1), the Transition Committee may determine that a Mayor is to be elected at the first election for the Consolidated Municipality on October 19, 2024, notwithstanding the minimum time required by subsection 12(8) of the Municipal Government Act.
(3) At the time of the application to the Board under subsection (1), the Coordinator shall advise whether the Transition Committee has decided that a Mayor is to be elected.
13 Subsections 354(5) and (6) of the Municipal Government Act do not apply to the municipal units.
14 (1) For the purpose of the first election of the Mayor, if applicable, and councillors of the Consolidated Municipality, the Coordinator may abridge any time period contained in the Municipal Elections Act.
(2) The Coordinator shall, with the assistance of employees of the municipal units, provide for the first election of the Mayor, if applicable, and the councillors of the Consolidated Municipality.
(3) Notwithstanding clause 18(1)(c) of the Municipal Elections Act, a member of the council of a municipal unit is eligible to be elected to the Council.
(4) Qualifications for nomination as a member of the Council must be determined as if the Town had been dissolved six months prior to September 10, 2024.
(5) The Council takes office on the Dissolution Date.
(6) The first polling district study for the Consolidated Municipality following the determination of the number of councillors and the boundaries of the polling districts by the Nova Scotia Utility and Review Board under subsection 12(1) must be in 2030 and thereafter the studies must follow the regular frequency and timing as established by subsection 369(1) of the Municipal Government Act.
(7) Elections after the first election for the Consolidated Municipality must be held in October of 2028 and thereafter in accordance with the Municipal Elections Act.
15 (1) Before the Dissolution Date, except as authorized by the Transition Committee, a municipal unit may not
(a) replace an employee who retires, resigns, is laid off or is dismissed, convert an employee from part-time to full-time status or promote an employee or hire a new employee, except for term appointments that expire before the Dissolution Date;
(b) enter into any lease, contract or other commitment that has effect after, or a term extending beyond, October 31, 2024;
(c) dispose of a capital asset;
(d) provide early retirement, pre-retirement, termination or severance benefits for any employee, except as required by the terms of an employment contract; or
(e) expend any funds from an operating or capital reserve fund.
(2) After the Dissolution Date, the Council shall apply any remaining reserve funds of the Town for the benefit of the residents of the area of the former Town.
16 (1) The Minister may, by order, provide for anything necessary or incidental to the dissolution of the Town and the transition to and the effective government of the Consolidated Municipality, and may include any conditions that are necessary or desirable in connection therewith.
(2) The exercise by the Minister of the authority contained in subsection (1) is a regulation within the meaning of the Regulations Act.
17 (1) On the Dissolution Date, the municipal entities of the Town are transferred to the Consolidated Municipality and, for greater certainty, the municipal entities of the County continue as municipal entities of the Consolidated Municipality.
(2) For greater certainty, all existing agreements between a joint authority and a municipal government continue to exist, and any rights, responsibilities, assets or liabilities of the dissolved Town are vested in the Consolidated Municipality.
(3) Subject to any collective agreement, on the Dissolution Date, the Labour Standards Code governs the treatment of all employee benefits and entitlements respecting the Consolidated Municipality except to the extent modified by Section 18.
(4) The vesting of an asset of the Town in the Consolidated Municipality does not void any policy of insurance with respect to the asset, including public liability policies, and the Consolidated Municipality is deemed to be the insured party for the purpose of any such policy.
(5) Nothing in this Act dissolves any municipal entity.
(6) The Consolidated Municipality shall continue to pay any pension or annuity being paid by the dissolved Town on the day preceding the Dissolution Date according to its terms.
(7) The Consolidated Municipality is a successor employer for an employee of the Town for the purpose of the Pension Benefits Act.
18 (1) In this Section, "employee" means an employee as defined in Section 2 of the Trade Union Act, excluding those described in subsection 2(2) of that Act.
(2) The Consolidated Municipality is a transferee for the purpose of Section 31 of the Trade Union Act and, for greater certainty,
(a) the Consolidated Municipality is bound by successor rights as determined under the Trade Union Act; and
(b) subject to the Trade Union Act, the Consolidated Municipality and the employees, who are covered by collective agreements, of a municipal unit are bound by the collective agreements as if the Consolidated Municipality were a party to them.
(3) Where an employee of a municipal unit is employed by the Consolidated Municipality pursuant to subsection 10(2), (3) or (7), the period of employment and seniority of that employee with the municipal unit immediately before the Dissolution Date is deemed to have been employment and seniority with the Consolidated Municipality and the continuity of employment and seniority is not broken.
(4) Notwithstanding subsections (2) and (3), the Consolidated Municipality is not bound to ensure that an employee from a municipal unit is given a position that is reasonably equivalent to the prior position the employee held.
(5) Where an employee of a municipal unit is employed by the Consolidated Municipality in a position that becomes a bargaining unit position, the employee's right to employment in the position is not affected by whether that employee was previously employed pursuant to a collective agreement and the employee is deemed to have seniority credits with the Consolidated Municipality equal to the employee's service with that municipal unit.
(6) No provision of a collective agreement with a municipal unit that purports to favour the employees of one municipal unit in obtaining employment with the Consolidated Municipality over those of another municipal unit has any force or effect.
19 (1) A reference in an enactment, deed, will, intermunicipal service agreement or other document to the Town is deemed to be a reference to the Consolidated Municipality.
(2) A reference in an enactment, deed, will, intermunicipal service agreement or other document to the mayor or warden of a municipal unit is deemed to be a reference to the Warden or Mayor, as the case may be, of the Consolidated Municipality.
20 The bylaws, orders, policies and resolutions in force in the Town immediately prior to the Dissolution Date continue in force in the area over which the Town had jurisdiction to the extent that they are authorized by this or another Act until amended or repealed by the Council.
This page and its contents published by the Office of the Legislative Counsel, Nova Scotia House of Assembly, and © 2024 Crown in right of Nova Scotia. Created February 27, 2024. Send comments to legc.office@novascotia.ca.
