BILL NO. 42

(as amended)

1st Session, 58th General Assembly
Nova Scotia
49 Elizabeth II, 2000



Government Bill



Municipal Law Amendment (2000) Act

CHAPTER 9 OF THE ACTS OF 2000



The Honourable Angus MacIsaac
Minister of Housing and Municipal Affairs



First Reading: April 10, 2000

Second Reading: April 17, 2000

Third Reading: June 8, 2000 (WITH COMMITTEE AMENDMENTS)

Royal Assent: June 8, 2000

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An Act to Amend Chapter 23
of the Revised Statutes, 1989,
the Assessment Act,
Chapter 300 of the Revised Statutes, 1989,
the Municipal Elections Act,
and Chapter 18 of the Acts of 1998,
the Municipal Government Act

Be it enacted by the Governor and Assembly as follows:

1 This Act may be cited as the Municipal Law Amendment (2000) Act.

PART I

ASSESSMENT ACT

2 Section 2 of Chapter 23 of the Revised Statutes, 1989, the Assessment Act, as amended by Chapter 19 of the Acts of 1990 and Chapter 18 of the Acts of 1998, is further amended by

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

(b) relettering clause (a) as (aa) and adding immediately before clause (aa) the following clause:

(c) adding immediately after clause (q) the following clause:

(d) adding "or an apartment hotel" immediately after "public" in the last line of clause (r);

(e) adding immediately after subclause (s)(i) the following subclause:

and

(f) adding the following subsection:

3 Clause 5(1)(m) of Chapter 23 is repealed.

4 Chapter 23 is further amended by adding immediately after Section 5 the following Section:

5 Chapter 23 is further amended by adding immediately after Section 32 the following Section:

6 Subsection 46(1) of Chapter 23 is amended by adding "owned by residents of the Province," immediately preceding "excluding" in the first line.

7 Subsection 47(1) of Chapter 23, as amended by Chapter 18 of the Acts of 1998, is further amended by adding "owned by residents of the Province" immediately after "property" in the first line.

8 Subsections 57(1) and (2) of Chapter 23 are repealed and the following subsections substituted:

9 Section 60 of Chapter 23 is amended by adding immediately after subsection (2) the following subsection:

10 Section 64 of Chapter 23 is repealed and the following Section substituted:

11 Subsection 68(6) of Chapter 23 is amended by striking out "no amendment has been made or when" in the first and second lines.

12 Chapter 23 is further amended by adding immediately after Section 68 the following Section:

13 Chapter 23 is further amended by adding immediately after Section 69 the following Section:

14 Section 80 of Chapter 23 is repealed and the following Section substituted:

15 Section 85 of Chapter 23, as amended by Chapter 11 of the Acts of 1992, is further amended by adding "(1)" immediately after the Section number and by adding the following subsection:

16 Section 86 of Chapter 23 is repealed and the following Section substituted:

17 Chapter 23 is further amended by adding immediately after Section 87 the following Section:

18 Chapter 23 is further amended by adding immediately after Section 179 the following Section:

19 Subsection 180(2) of Chapter 23 is amended by

(a) striking out "and" in the third line and substituting a comma; and

(b) adding "and Sections 69A and 179A" immediately after "59" in the third line.

PART II

MUNICIPAL ELECTIONS ACT

20 Chapter 300 of the Revised Statutes, 1989, the Municipal Elections Act, is amended by adding immediately after Section 17 the following Sections:

21 Clause 18(1)(d) of Chapter 300 is amended by adding "unless the person is on a leave of absence granted pursuant to subsection 17C(2)" immediately after "employment" in the seventh line.

22 Subsection 20(1) of Chapter 300 is repealed.

23 Subsections 30A(1A) to (6) of Chapter 300 are repealed.

24 Chapter 300 is further amended by adding immediately after Section 30A the following Section:

25 Subsection 32(1) of Chapter 300 is amended by striking out "at least one conspicuous place in" in the third and fourth lines and substituting "a government office or building or similar office and building, including a post office, in or as near as possible to".

26 Subsection 40(7) of Chapter 300, as enacted by Chapter 6 of the Acts of 1997, is amended by

(a) adding "Chief Electoral Officer for the Province or the" immediately after "the" in the second line;

(b) adding "provincial list of electors, a" immediately after "a" in the third line;

(c) adding "or a permanent register of electors" immediately after "electors" the first time it appears in the fourth line; and

(d) adding" Chief Electoral Officer for the Province or the" immediately before "Chief" in the fifth line.

27 Section 44 of Chapter 300 is amended by adding immediately after subsection (4) the following subsection:

28 Subsection 98(3) of Chapter 300 is repealed and the following subsection substituted:

29 Section 118 of Chapter 30, as amended by Chapter 26 of the Acts of 1994, is further amended by

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

(b) striking out "twenty-five" in the first line and substituting "ten"; and

(c) adding the following subsection:

30 Subsection 123(4) of Chapter 300 is repealed and the following subsection substituted:

31 Subsection 123A(1) of Chapter 300, as enacted by Chapter 18 of the Acts of 1998, is amended by striking out "twenty-five" in the first line and substituting "ten".

PART III

MUNICIPAL GOVERNMENT ACT

32 Section 3 of Chapter 18 of the Acts of 1998, the Municipal Government Act, is amended by

(a) adding "or other person" immediately after "municipality" in the second line of clause (a);

(b) adding ", except where the context otherwise requires" immediately after "municipality" in the third line of clause (az);

(c) adding ", committee created by an intermunicipal services agreement" immediately after "municipality" in the second last line of clause (bn); and

(d) adding "or village" immediately after "municipality" in the last line of clause (bp).

33 Subsection 10(3) of Chapter 18 is amended by striking out "ward" in the second line and substituting "polling district".

34 (1) Subsection 22(1) of Chapter 18 is amended by adding "and meetings of committees appointed by council" immediately after "meetings" in the second line.

(2) Subsection 22(5) of Chapter 18 is amended by striking out "the council has determined" in the second line.

35 Section 41 of Chapter 18 is amended by adding "or other person" immediately after "municipality" in the second line.

36 Clause 60(2)(c) of Chapter 18 is amended by adding a comma immediately after "villages" in the third line.

37 Subsection 77(2) of Chapter 18 is repealed and the following subsection substituted:

38 Chapter 18 is further amended by adding immediately after Section 80 the following Sections:

39 Subsection 88(1) of Chapter 18 is amended by adding ", committee created by an intermunicipal services agreement" immediately after "village" in the second line.

40 Chapter 18 is further amended by adding immediately after Section 102 the following Section:

41 Subsection 109(8) of Chapter 18 is amended by striking out "(3)" in the first and in the last lines and substituting in each case "(7)".

42 Section 177 of Chapter 18 is amended by adding ", that persistently disturbs the quiet of a neighbourhood by barking, howling or otherwise or that runs at large," immediately after "dangerous" in the second line.

43 Subsection 220(4) of Chapter 18 is amended by adding immediately after clause (c) the following clause:

44 Clause 247(3)(b) of Chapter 18 is amended by adding "or a concept plan" immediately after "subdivision" in the second line.

45 Clause 249(e) of Chapter 18 is amended by adding "or a concept plan" immediately after "subdivision" in the third and fourth lines.

46 Section 260 of Chapter 18 is repealed.

47 Subsection 269(5) of Chapter 18 is amended by adding "in different ownerships" immediately after "land" in the second line.

48 Subsection 282(1) of Chapter 18 is amended by adding "in different ownerships" immediately after "land" in the second line.

49 Section 307 of Chapter 18 is amended by striking out "land" in the second line and substituting "lane".

50 Subsection 318(1) of Chapter 18 is amended by striking out "No" in the first line and substituting "Except as otherwise provided in this Act, no".

51 Subsection 346(4) of Chapter 18 is amended by striking out "personally" in the second line.

52 Clause 371(a) of Chapter 18 is amended by striking out "residents" in the first line and substituting "electors".

53 Clause 372(2)(b) of Chapter 18 is amended by striking out "residents" in the second line and substituting "electors".

54 Section 449 of Chapter 18 is amended by adding ", a committee created by an intermunicipal services agreement" immediately after "village" in the last line.

55 Subsection 450(1) of Chapter 18 is amended by adding "of a municipality" immediately after "matter" in the fourth line.

56 Subsection 483(3) of Chapter 18 is amended by striking out "authorized" in the third line and substituting "unauthorized".

57 Clause 491(b) of Chapter 18 is amended by striking "public body" in the second line and substituting "municipality".

58 Section 506 of Chapter 18 is amended by adding "one hundred dollars nor more than" immediately after "than" in the fourth line.

59 Section 509 of Chapter 18 is repealed and the following Section substituted:

60 Section 577 of Chapter 18 is repealed and the following Section substituted:

PART IV

GENERAL

61 (1) Section 4 has effect on and after October 1, 1993.

(2) Sections 5, 9, 10, 13, 18 and 19 have effect on and after January 1, 2000.

(3) Clauses 2(a), (c) and (f) and Sections 6, 7, 38 and 40 come into force on such day as the Governor in Council orders and declares by proclamation.

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