Statutes of Newfoundland 1996 Chapter 25

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Statutes of Newfoundland 1996

CHAPTER 25 CHAPTER 25

AN ACT TO AMEND THE MUNICIPALITIES ACT
(Assented to December 19, 1996)

Analysis

1. S.2 Amdt.
Interpretation

2. S.3 Amdt.
Establishment of towns

3. S.6 Amdt.
Order respecting assets and liabilities

4. S.7.1 Added
Former communities

5. S.57 Amdt.
Town fire chief

6. S.180 Amdt.
Regulations

7. S.192 R&S
Fire department

8. S.195 Amdt.
Agreements

9. S.198 Amdt.
Right re traffic

10. S.200 Amdt.
Other fire department

11. Ss.257 to 303 Rep.

PART II
COMMUNITIES

12. S.306 Amdt.
Order respecting assets and liabilities

13. S.309 Amdt.
Notice of intent

14. S.311 Amdt.
Prescribed powers

15. S.313 Amdt.
Unorganized areas

16. S.316 Amdt.
Ancillary powers

17. S.358 Amdt.
Regional fire chief

18. S.377 Amdt.
Copies

19. S.382 Amdt.
Copy to minister

20. S.447.1
Added Nuisance

21. S.506 Amdt.
General elections

22. S.510 R&S
Term of office

23. S.641.1 Added
Nuisance

24. S.642 Amdt.
Fire protection

25. S.642.1 Added
Other fire department and liability

26. Sch B Amdt.

27. Commencement

Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:

RSN1990 cM-23 as amended

1. (1) Paragraph 2(1)(c) of the Municipalities Act is repealed.

(2) Paragraph 2(1)(d) of the Act is amended by deleting the comma and the words "community clerk" immediately after the words "town clerk".

(3) Paragraph 2(1)(e) of the Act is amended by deleting the words and comma "a community council continued or incorporated under this Act,".

(4) Section 2(1) of the Act is amended by adding immediately after paragraph (h) the following:

(h.1) "firefighter" means a full-time or part-time employee of a fire department or a volunteer member of a fire department whether or not a volunteer receives a nominal consideration or honorarium for his or her services;

(5) Paragraph 2(1)(j) of the Act is amended by deleting the word and comma "community,".

(6) Section 2(1) of the Act is amended by adding immediately after paragraph (j) the following:

(j.1) "other emergencies" means a non-fire related emergency and includes medical emergencies for which a fire department has been authorized by the minister to act as the first responding agency;

2. (1) Paragraph 3(1)(b) of the Act is amended by deleting the words and comma "or communities and towns,".

(2) Subsection 3(1) of the Act is amended by adding the word "and" at the end of paragraph (c), and repealing paragraph (d).

3. Section 6 of the Act is amended by deleting the words "or communities and towns" immediately after the words "amalgamating towns" and by deleting the words "and communities" immediately before the words "affected by the order".

4. The Act is amended by adding the following immediately after section 7:

Former communities

7.1 (1) Every community constituted or continued under this Act is continued as a town.

(2) A community council existing on December 31, 1996 shall be continued as a town council.

(3) The property, assets, powers, rights, obligations and liabilities vested in or charged against a community council on December 31, 1996 shall continue to be vested in or charged against a town council continued under subsection (2).

5. (1) Subsection 57(1) of the Act is repealed and the following substituted:

Town fire chief

57. (1) The town fire chief is responsible for the organization, training and operation of the town fire department.

6. Section 180 of the Act is amended by deleting the word "and" at the end of paragraph (d), deleting the period at the end of paragraph (e) and substituting a semicolon and the word "and", and adding the following immediately after paragraph (e):

(f) in respect to winter maintenance of roads and snow clearing, including regulations which

(i) prohibit or control parking during winter months,

(ii) prohibit or control the erection of structures which impede or hinder winter maintenance of roads and snow clearing, and

(iii) prohibit or control the deposits of snow on sidewalks and public roads.

7. Section 192 of the Act is repealed and the following substituted:

Fire department

192. The council may establish, operate and maintain a town fire department composed entirely or partly of volunteer members or of paid employees, and acquire or provide a fire hall, fire alarm system, fire engines, hydrants and other apparatus and appliances for the purpose of fire fighting, fire prevention and responding and providing emergency services for other emergencies that may be authorized by the minister, either inside or outside the town's boundaries.

8. Section 195 of the Act is amended by adding immediately after the words "joint fire fighting" the words "or for responding to other emergencies".

9. (1) Subsection 198(1) of the Act is amended by adding immediately after the words "an alarm of fire" the words "or responding to other emergencies".

(2) Subsection 198(2) of the Act is amended by adding immediately after the words "at a fire" the words "or other emergency", and by adding immediately after the words "of a fire" the words "or other emergencies".

10. Section 200 of the Act is amended by adding the words "or a local service district fire department" after the word "municipality" and by adding immediately after the words "fighting a fire" the words "or responding to other emergencies".

11. Sections 257 to 303 of the Act are repealed.

12. Section 306 of the Act is amended by deleting the comma and the word "communities" immediately after the word "towns".

13. Subsection 309(2) of the Act is amended by deleting the words and comma "town, community" wherever they appear and substituting the word "town".

14. Subsection 311(2) of the Act is amended by deleting the word and comma "community," immediately before the words "road board".

15. Section 313 of the Act is amended by deleting the comma immediately after the word "city" and substituting the word "or" and by deleting the words "or community".

16. Paragraph 316(2)(b) of the Act is amended by deleting the comma and the word "communities" immediately after the word "towns".

17. Subsection 358(1) of the Act is amended by deleting the words "chief brigade" and substituting the word "department".

18. Section 377 of the Act is amended by deleting the comma immediately after the word "city" and substituting the word "and", and by deleting the words "and community" immediately after the word "town".

19. Section 382 of the Act is amended by deleting the comma immediately after the word "city" and substituting the word "and", and by deleting the words "and community" immediately after the word "town".

20. The Act is amended by adding the following immediately after section 447:

Nuisance

447.1 A municipality and its council are not liable for a nuisance.

21. Subsections 506(1) and (2) of the Act are repealed and the following substituted:

General elections

506. (1) General elections shall take place under this Part in 1997 and every 4 years after 1997.

(2) General elections under subsection (1) shall be held on the last Tuesday in September.

22. Section 510 of the Act is repealed and the following substituted:

Term of office

510.. The term of office of a councillor, whether elected or appointed,

(a) shall begin within 2 weeks of his or her election or appointment; and

(b) expires when the number of newly elected or appointed councillors sufficient to constitute a quorum are sworn or affirmed into office.

23. The Act is amended by adding the following immediately after section 641:

Nuisance

641.1 A local service district committee is not liable for a nuisance.

24. Paragraph 642(b) of the Act is amended by deleting the phrase "for fire fighting and fire protection" and substituting the phrase "for fire fighting, fire protection and responding to and providing services for other emergencies as may be authorized by the minister, either inside or outside the town's boundaries".

25. The Act is amended by adding immediately after section 642 the following:

Other fire department and liability

642.1 (1) A firefighter of a municipal fire department or another local service district fire department, who gives aid to a fire department in fighting a fire or providing emergency services for other emergencies is considered to be an officer and a member of that fire department while he or she is giving that aid.

(2) A firefighter of a municipal fire department or another local service district fire department who gives aid to a fire department in fighting a fire or for providing emergency services for other emergencies is responsible to the officers and members of that fire department while he or she is giving that aid.

26. (1) Schedule B of the Act, under the heading FIRE CHIEF, is amended by adding immediately after paragraph (c) the following:

(c.1) shall ensure that, where the fire department has been authorized by the minister as being responsible for responding to and providing emergency services for other emergencies, its members, both paid and volunteer, are trained in standard first aid and basic life support, and within a period of 24 months after the date of the minister's authorization, the minimum standards for a first responder level certificate have been completed;

(2) Paragraph (d) of Schedule B of the Act, under the heading FIRE CHIEF, is amended by adding immediately after the words "take command at fires" the words "or other emergencies" and by adding "or other emergency" before the word "activities".

Commencement

27. Subsections 1(1), (2), (3) and (5) and sections 2, 3, 4, 11, 12, 13, 14, 15, 16, 18 and 19 of this Act shall come into force on January 1, 1997.