BILL NO. 225

(as introduced)

1st Session, 64th General Assembly
Nova Scotia
1 Charles III, 2022

 

Government Bill

 

Halifax Regional Municipality Charter
(amended)

 

The Honourable John Lohr
Minister of Municipal Affairs and Housing

First Reading: October 21, 2022

(Explanatory Note)

Second Reading: October 28, 2022

Third Reading: November 8, 2022 (LINK TO BILL AS PASSED)

Explanatory Note

This Bill authorizes the Minister of Municipal Affairs and Housing to nullify a by-law of the Halifax Regional Municipality within six months of its passing.

An Act to Amend Chapter 39
of the Acts of 2008,
the Halifax Regional Municipality Charter

Be it enacted by the Governor and Assembly as follows:

1 Section 204 of Chapter 39 of the Acts of 2008, the Halifax Regional Municipality Charter, is amended by striking out "Unless" in the first line and substituting "Subject to Section 204A and unless".

2 Chapter 39 of the Acts of 2008 is further amended by adding immediately after Section 204 the following Section:

204A (1) A by-law or part of a by-law made by the Council pursuant to this Act or another Act of the Legislature may be nullified by order of the Minister if the Minister

(a) determines that the by-law or part of a by-law would impact housing or development;

(b) determines that it is in the public interest of the Province to nullify the by-law or part of a by-law, as the case may be; and

(c) so orders within six months from the date the by-law or part of the by-law is enacted.

(2) A by-law or part of a by-law nullified pursuant to subsection (1) is of no force or effect as of the date of the Minister's order.

(3) The Minister's order must be in writing and immediately provided to the Council.

(4) When a Minister's order is issued under this Section, the Council shall publish a notice in a newspaper circulating in the Municipality, stating the effect of the order and the place where it may be read.

(5) Section 205 applies, with all necessary changes, to the Minister's order.

(6) A by-law or part of a by-law nullified pursuant to subsection (1) may not be re-enacted or replaced within one year following the date of the Minister's order unless the Council first obtains the approval of the Minister.

3 Notwithstanding Section 382 of the Halifax Regional Municipality Charter and Section 519 of the Municipal Government Act, nothing in this Act or done pursuant to the provisions enacted or amended by this Act triggers any requirement to consult with the Halifax Regional Municipality or to notify the Nova Scotia Federation of Municipalities.

 

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