Statutes of Newfoundland 1999

Short title

Interpretation

2. (1) In this Act

(2) All docks, quays, wharves and structures touching the boundaries of a municipality and all ships attached either permanently or temporarily to a dock, quay, wharf, ship or structure shall be considered to be within and to be a part of the municipality.

Incorporation of towns

(2) An order made under subsection (1) shall have effect from a date which may be stated in the order and that date may be earlier or later than the date on which the order is made.

(3) An order made under subsection (1) may provide that for the purpose of an election of a council in an area affected by an order, the order may have effect on a different date than for other purposes.

Assessment of needs

4. (1) The minister

under paragraph 3(1)(b) and those persons shall recommend to the minister the appropriate actions to be carried out upon that amalgamation or annexation.

(2) The persons appointed under subsection (1) shall be representatives from the municipalities or areas affected by the amalgamation or annexation and from the department.

(3) The minister may establish the terms of reference for an assessment carried out by persons appointed under subsection (1).

Names of towns

(2) The minister may, by order, change the name of a town.

Order respecting assets and liabilities

Existing towns

Publication of orders

Feasibility report

(2) The minister shall appoint a committee of at least one and not more than 3 persons to prepare the feasibility report.

(3) The minister may, where he or she considers it necessary, appoint a chairperson for the committee from among those persons appointed under subsection (2).

(4) The persons appointed under subsection (2) have the powers of a commissioner under the Public Inquiries Act.

(5) The committee shall, before preparing a feasibility report under this section, hold a public hearing with respect to a proposed order under subsection 3(1) and shall, where reasonable, hold the hearing in the affected area.

(6) Notwithstanding subsection (5), where the committee specifies that a written or oral submission is to be made by a specified date before a public hearing, and where a written or oral submission is not made by that date, the minister may cancel that public hearing and a further public hearing shall not be required.

(7) Where a feasibility report is ordered prepared under subsection (1) as a result of the request of a municipality or an unincorporated area, the cost of that preparation and the feasibility study required to produce the report shall be a cost of that municipality or unincorporated area.

Notice of intent

Reduction or increase in area

(2) Where an order is made increasing the area of a town,

Establishment of town council

Number of councillors

Wards

(2) A town council may, by a 2/3 vote of the councillors in office, divide its town into 2 or more wards, define the boundaries of those wards and fix the number of councillors to be elected for each ward.

(3) A town council may, by a 2/3 vote of the councillors in office, vary or repeal the wards and their boundaries established under subsections (1) and (2).

(4) Notwithstanding subsections (1), (2) and (3), where the minister or a town council fixes the number of councillors to be elected for each ward, the minister or council shall also fix the number of councillors to be elected at large and the number of councillors elected at large shall be not less than the total number of councillors elected for the wards plus one councillor.

Corporate status

First election

Mayor's election

(2) A town council may by a 2/3 vote of the councillors in office, provide for the election of the mayor by a separate election, and may in the same manner change that decision, or a direction made by the minister under subsection (1).

(3) Where a person is not nominated for the post of mayor as provided for under subsection (1) or (2), a mayor may be elected by the councillors as if a provision had not been made for the separate election of the mayor.

(4) Where a person is not nominated for the position of mayor and a mayor is elected by the councillors under subsection (3), the person who receives the next highest number of votes to the person who was elected with the least number of votes shall be considered to be elected to the town council.

Election of mayor and deputy

(2) An election under subsection (1) shall be conducted by the town clerk or returning officer and shall be done by a secret ballot of councillors.

Vacancy re mayor

(2) A councillor who wishes to run for election as mayor in a by-election referred to in paragraph (1)(b) shall resign as a councillor before running for election as mayor.

(3) Where a vacancy occurs in the office of a mayor who was originally elected by the town council, that vacancy shall be filled in accordance with paragraph (1)(a) or (c).

Mayor and deputy mayor status

(2) In the absence or incapacity of the mayor, the deputy mayor has the powers and shall exercise the duties of the mayor.

Duties

(2) Notwithstanding subsection (1), the mayor is subject to the direction and control of the town council and shall abide by decisions of the town council.

(3) A town councillor is subject to the direction and control of the town council and shall abide by the decisions of the town council.

Presiding officer

(2) Where both the mayor and deputy mayor are absent from a meeting, the other councillors shall appoint a temporary chairperson who may exercise the powers and carry out the duties of the mayor at the meeting.

(3) The mayor or other person presiding at a meeting of a town council may, when he or she speaks on a subject, be replaced as the presiding person by the deputy mayor or temporary chairperson for the time during which the mayor or presiding person is speaking.

First meeting

(2) Notwithstanding subsection (1), where an order made under section 3 contains a provision respecting the date on which a town council shall take office, the first meeting of the council shall be called by the town clerk or the returning officer within 14 days of that date.

Meetings

24. (1) The mayor or 2 councillors shall request that the town clerk call and there shall be held, at least once a month, a meeting of the town council to which the public shall be admitted.

(2) A meeting called and held under subsection (1) shall be for the dispatch of general business.

(3) A town council shall adopt rules of procedure for its meetings.

(4) The minister may provide a model set of rules of procedure that town councils may adopt or vary.

Committees

(2) A town council may appoint persons to serve on a committee established under subsection (1) and where a council does not appoint persons to a committee, the mayor shall appoint those persons.

Establishment of regions

26. (1) The Lieutenant-Governor in Council may, by order, on the recommendation of the minister and subject to a feasibility report being prepared under section 31,

(2) An order made under subsection (1) shall have effect from a date that may be stated in the order, and that date may be earlier or later than the date on which the order is made.

(3) An order made under subsection (1) may provide that for the purpose of an election of a regional council in an area affected by an order, the order may have effect on a different date than for other purposes.

(4) Section 4 applies, with the necessary changes, to a region amalgamated or annexed under this section.

Names

(2) The minister may, by order, change the name of a region.

Order respecting assets and liabilities

Existing regions

Publication

Feasibility report

(2) The minister shall appoint a committee of at least one and not more than 3 persons to prepare the feasibility report.

(3) The minister may, where he or she considers it necessary, appoint a chairperson for the committee from among those appointed under subsection (2).

(4) The persons appointed under subsection (2) have the powers of a commissioner under the Public Inquiries Act.

(5) The committee shall, before preparing a feasibility report under this section, hold a public hearing in all cases under subsection 26(1) and shall, where reasonable, hold the hearing in the affected area.

(6) Notwithstanding subsection (5), where the committee specifies that a written or oral submission is to be made by a specified date before a public hearing, and where a written or oral submission is not made by that date, the minister may cancel that public hearing and a further public hearing shall not be required.

(7) Where a feasibility report is ordered prepared under subsection (1) as a result of the request of a region or unincorporated area, the cost of that preparation and feasibility study required to produce the report shall be a cost of that region or unincorporated area.

Notice of intent

Reduction in area

Prescribed powers

(2) Where powers are designated under subsection (1), those powers stop being the responsibility of a city, town, local service district committee, or other body which performed the designated power before the order, and the regional council assumes those powers and may exercise them in accordance with the Act establishing that body as if it were the body described in that Act.

Potential powers

Application of Act to regional councils

Local service areas

Advisory committees

(2) Where a regional council assumes the power of a local service district established under Part XIII, the local service district committee is considered to be the advisory committee for the voters in the local service area until the regional council provides for an election under paragraph (1)(a).

Ancillary powers

(2) The Lieutenant-Government in Council may state that the regional council may

Establishment of council

(2) A regional council is a corporation.

Number of councillors

Wards

Status of council

(2) Where, under subsection (1), there are to be councillors appointed to a regional council, the minister may appoint those councillors who shall be from among the councillors of towns and cities which make up the region as designated by the councils of those towns and cities.

(3) Where town and city councils do not, within a reasonable period, make a designation for the purpose of subsection (2), the minister may make that designation.

First election

(2) The minister may defer the holding of an election under subsection (1) to a date not later than one year after the region has been established.

Election of chairperson

(2) An election under subsection (1) shall be conducted by the regional clerk or returning officer and shall be done by a secret ballot of councillors.

Vacancy re chairperson

Chairperson's and deputy's status

(2) In the absence or incapacity of the chairperson the deputy chairperson has the powers and shall exercise the duties of the chairperson.

Duties

Authority of council

Presiding officer

(2) Where both the chairperson and deputy chairperson are absent from a meeting, the other councillors shall appoint a temporary chairperson who has and may exercise the powers and carry out the duties of the chairperson at the meeting.

Frequency of meetings

(2) A meeting called and held under subsection (1) shall be for the dispatch of general business.

(3) A regional council shall adopt rules of procedure for its meetings.

(4) The minister may provide a set of rules of procedure that a regional council may adopt or vary.

Committees

52. (1) A regional council may establish standing or special committees that it considers desirable to consider matters referred to it by the council and make recommendations on those matters to the council.

(2) A regional council may appoint persons to serve on committees established under subsection (1), and where a regional council does not appoint persons to those committees, the chairperson shall appoint those persons.

Manager

(2) A regional council shall establish the position of regional manager and shall by a vote of 2/3 of the councillors in office, appoint a person to the position of regional manager.

(3) A manager may be appointed clerk or acting clerk in addition to his or her other duties under this Act.

(4) Where the office of manager is vacant, or the manager is unable to carry out his or her duties, the council may appoint a person to act as manager and the acting manager has and may exercise the powers and shall carry out the duties of the manager.

Duties

(2) A manager shall administer his or her office in accordance with this Act and policies determined by the council.

(3) Notwithstanding subsection (2) and subsection 55(1), where a manager carries out a policy or an act that has been directed by council and that policy or act contravenes this Act or another Act of the province, an action shall not lie against that manager for a matter arising from his or her carrying out that policy or act.

(4) A manager may delegate his or her powers and duties to those officers of the council that he or she may consider appropriate, except those powers and duties that the council may specifically exempt from delegation.

(5) Notwithstanding subsection (4), in the case of an emergency, the manager may delegate his or her powers without reservation.

Overall power of council

(2) A manager may advise or make a recommendation to the council which shall receive, consider and make a record of the advice or recommendation in its minutes but is not bound to follow that advice or recommendation, nor is the advice or recommendation of the manager required before an action of the council.

Attendance at meetings

(2) Where the manager is unable to attend a meeting of the council, the council shall appoint a person who shall attend the meeting in place of that manager.

(3) A manager is entitled to take part in the discussion of all matters coming before a meeting of the council or its committees but he or she has no vote.

Use of employees

(2) A manager shall, where requested in writing by a department head, giving reasons for the request, report to the next meeting of the council that the department head is not in agreement with a plan, proposal or appointment of the manager.

Expenditures

where the proposed expenditure is not in excess of the amount provided in the budget for the purchase of the equipment, supplies, work or thing.

(2) Notwithstanding subsection (1), where, in the opinion of the manager, the immediate expenditure of an amount exceeding the amount established by the council under paragraph (1)(a) is necessary to meet an emergency situation, the manager may make that expenditure without the prior approval of the council and shall report on the expenditure to the council at its next meeting.

(3) Where an expenditure is proposed by a council that exceeds the expenditure amount established under paragraph (1)(a), that council shall not make the expenditure until it has requested the recommendations of the manager with respect to that expenditure.

(4) When the manager's recommendations under subsection (3) are received, or where that manager does not make his or her recommendations within a reasonable time, the council may make the expenditure in the manner and subject to the conditions that it considers appropriate.

(5) A council is not bound to adopt recommendations made to it by the manager under subsection (3).

Clerk

(2) A clerk may be appointed manager or acting manager in addition to his or her other duties under this Act.

(3) Where the office of clerk is vacant, or the clerk is unable to carry out his or her duties, the council shall appoint a person to act as clerk.

(4) The acting clerk may exercise the powers and shall carry out the duties of the clerk.

Oaths and affirmations

60. A clerk may administer oaths and affirmations and receive affidavits for the purpose of this Act.

Duties

(2) Notwithstanding subsection (1), a council may delegate responsibility for the safekeeping of documents, which the council may prescribe, to another employee of the council.

(3) Where the clerk carries out a policy or an act that has been directed by the council and that policy or act contravenes this Act or another Act of the province, an action shall not lie against that clerk for a matter arising from his or her carrying out the policy or act.

Clerk to attend meetings

(2) The clerk or a person appointed under subsection (3) is entitled to speak at council and committee meetings but has no vote.

(3) Where the clerk is unable to attend a meeting of the council, the council shall appoint a person who shall attend the meeting in place of the clerk.

Departments

(2) Where there is a manager, the council shall seek his or her recommendation before establishing a department or appointing a department head.

(3) The council may appoint one person to 2 or more offices set out in subsection (1).

(4) The department heads are responsible to the manager, or, to the council, where there is no manager.

Department heads

(2) The superintendent of works is responsible for the operation and maintenance of town or regional works and equipment.

(3) Where there is an engineer appointed by a council, the superintendent of works shall, notwithstanding subsection (1), be responsible to the engineer and in that case is not a department head.

(4) The treasurer is responsible for the financial management of the town or region.

(5) The planner is responsible for the formulation of the long term objects and strategies to be recommended to the council to guide the future development of the town or region and for the preparation of plans for the orderly development of the town or region.

(6) The director of recreation is responsible for the formulation and direction of a recreation program and for the operation and maintenance of recreational facilities.

(7) The fire chief is responsible for the organization, training and operation of a town or regional fire department and for fire prevention within the town or region.

Positions

(2) A council shall establish written job specifications for each position established by it, setting out the duties for each position and the qualifications of persons to fill those positions.

(3) Where there is a manager, the council shall seek his or her recommendation before they exercise their powers under subsections (1) and (2).

Salaries

66. A council may establish the salaries of its employees.

Suspension

(2) A council may determine, by a vote of 2/3 of the councillors in office, if a suspended manager, clerk or department head is to receive his or her salary during the period of suspension and may include periods without pay and with pay during that suspension.

Dismissal

(2) A meeting of councillors may not hold a vote on a motion to dismiss under subsection (1) unless

Retirement

Employment, etc.

(2) The authority that may be exercised by the manager under subsection (1) is subject to the terms of a collective agreement or other employment contract to which the council is a party.

(3) Where there is no collective agreement or other contract regulating the procedures to be followed under subsection (1), a council shall, upon the written recommendation of the manager, where there is a manager, establish written procedures governing the exercise of the powers set out in subsection (1).

(4) A council may employ, suspend or dismiss an employee of the council, subject to subsections (2) and (3), after consulting with the manager, where there is a manager.

Bonding

(2) A council shall pay the premiums on bonds entered into under this section.

Pension scheme

(3) Notwithstanding subsection (2), a council may make an agreement with a body described in that subsection providing for the crediting, on a reciprocal basis, of the whole or part of the pensionable service served by the employee with that body, as pensionable service with the municipality.

(4) A pension scheme entered into under subsection (1) shall be based upon a plan of contributions by the council and its employees.

Group insurance

(2) A group insurance scheme entered into under subsection (1) shall be based on a plan of contributions by the council and its employees, except for volunteer members of its fire department, where all contributions shall be paid by the council.

Training

Financial year

(2) For the first year of a council the financial year is from the date the council takes office until the next December 31.

Bank account

(2) Cheques or orders withdrawing money from an account of a council shall be signed by the mayor or deputy mayor or by the chairperson or deputy chairperson or in the absence or incapacity of both of them, by a councillor designated for that purpose by the council, and countersigned by the treasurer or, where there is no treasurer, by the clerk.

(3) Where a comptroller is appointed under section 247 all cheques shall be countersigned by him or her.

(4) In this section, "financial institution" means a trust company approved by the Lieutenant-Governor in Council, a bank within the meaning of the Bank Act (Canada) and a credit union registered under the Credit Union Act.

Annual budgets

(2) A budget adopted under this section shall be in the required form and a copy shall be sent to the minister before the end of the calendar year of its adoption or in the case of a new council, within 30 days of its adoption.

(3) Notwithstanding subsections (1) and (2), a town council may adopt a 3 year budget containing estimates of the revenues and expenditures of the council for that period and showing the tax rates that are to be imposed during that period.

(4) Notwithstanding subsections (1), (2) and (3), the minister may approve and authorize the postponement of the preparation, adoption and submission of a budget to a date which he or she may determine.

(5) A regional council shall, not later than 90 days after the day on which the council takes office following a general election of councillors, and not later than September 30 in each succeeding year, prepare a budget in the required form containing estimates of the revenue and expenditures of the council for the next financial year and a statement showing the general service charges to be assessed against the towns and cities in the region during that year and the rate of tax that will be imposed in the remaining areas of the region during that year.

(6) Copies of the budget of a regional council shall be sent to the town or city councils in the region not later than October 1 in each year and immediately after its adoption in the first year of the regional council.

(7) The budget of a regional council is subject to the approval of the minister who may

(8) The budget of a regional council as approved by the minister is the budget of that regional council.

Balanced budget

Contents of budget

(2) Expenditures shall not be provided in a budget for capital reserves except where, subject to the approval of the minister, a council has considered it necessary to set aside in the financial statements a reserve from the accumulated surplus to invest for specific purposes of a capital nature.

(3) Notwithstanding subsection (2), a municipality may, with the prior written approval of the minister, provide for an expenditure in its budget for a capital reserve where the municipality considers it necessary to establish a capital reserve for a specific capital project and that reserve shall appear in its audited financial statement.

(4) The unappropriated accumulated surplus or accumulated deficit, appearing in the audited financial statements at the end of the previous financial year, shall be credited or debited as items of revenue or expenditure in the budget of the next financial year.

(5) Where the amounts of unappropriated accumulated surplus or accumulated deficit, referred to in subsection (4) are, in the opinion of the minister, substantial they may be credited or debited in future budgets over a period of years that may be determined by the minister.

(6) An operating reserve fund may be provided for in a budget, subject to the prior written approval of the minister, for a specific purpose, a specified annual amount and over a specified period of years that the council shall approve.

(7) A reserve fund under subsections (3) and (6) may be invested by the council.

Revised budget

(2) A copy of the revised budget shall be sent to the minister and in the case of a region to the city and town councils in the region within 2 weeks of its adoption.

(3) A revised budget shall take effect

Effect of town budget

Ministerial approval

(2) A revised budget as approved by the minister is the revised budget of the regional council for the remainder of the financial year.

Effect of regional budget

Partnership budgeting

(2) Where a minister has required the submission of a budget or a revised budget under subsection (1), he or she may also assign officials of his or her department to help the town council in the preparation of its budget or revised budget.

Books of account

Financial statement

(2) The mayor or chairperson and the treasurer, or, where there is no treasurer, the clerk, shall sign the financial statement and shall attach a report that an auditor has made with respect to the financial statement.

Appointment of auditor

(2) An auditor appointed under subsection (1) shall be a member of

licensed under the Public Accountancy Act and his or her appointment remains in effect until revoked by council.

(3) The council shall advise the minister in writing of its appointment of an auditor or its revocation of an appointment within 30 days of that appointment or revocation.

(4) The minister may, where he or she considers it necessary, appoint an auditor to conduct a special audit and the cost of that special audit shall be a cost of the council with respect to which that appointment was made.

Appointment by minister

(2) The costs of an audit prepared by a person appointed under subsection (1) shall be a cost of the council for which that appointment was made.

Waiving of audit

Auditor's powers

Auditor's report

Time of completion and interim report

(2) The auditor shall, at the request of the council or the minister, make an interim report on the accounts of the council and shall send a copy of that report to the council and to the minister within 30 days of its completion.

Current account borrowing

(2) A regional council which borrows money in accordance with this section shall, within 30 days of borrowing the money, notify the minister of that borrowing.

(3) The indebtedness of a council incurred as a result of borrowing an amount under subsection (1) shall not exceed 20% of its estimated tax yield, grants-in-lieu and other assured revenue, other than water and sewage subsidies paid by the province to the council, in the financial year in which the borrowing takes place.

(4) All amounts borrowed under subsection (1) shall be repaid before the end of the fiscal year in which the borrowing takes place.

(5) Notwithstanding subsections (3) and (4), a council may, with the prior written approval of the minister,

Long term borrowing

(2) A council shall, before the end of each year, submit to the department a 5-year forecast of its anticipated capital expenditure requirements.

Currency

95. Where a council borrows money under section 93 or 94, the money shall be stated in Canadian currency.

Unauthorized expenditure

(2) Where a person entitled to vote in an election for councillors files a written request with the council asking it to bring an action against councillors who incur liability under subsection (1) for the recovery of the money referred to in that subsection and the council refuses or neglects to do so for one month, the person who filed the request may bring the action on behalf of himself or herself and other persons in the municipality or may ask the minister to commence an action in right of the Crown to recover the money.

Certificate

"This debenture is valid and binding according to its terms and its validity is not open to question in a court in the province, and this certificate is given under the Municipalities Act, 1999. Dated at St. John's, Newfoundland, _________________.

Deputy Minister of Municipal and Provincial Affairs."

(2) The certificate as set out in subsection (1) on a debenture, when signed by the Deputy Minister of Municipal and Provincial Affairs, is evidence that

(3) The Deputy Minister of Municipal and Provincial Affairs may impress his or her signature by machinery on debentures, and a certificate on which his or her signature has been impressed is good and valid for all intents as if it had been signed in the handwriting of the deputy minister.

Signature of mayor, chairperson

Powers of expenditure

(2) Expenditures made under subsection (1) shall not exceed the total approved budget or revised budget of the council and shall be supported by appropriate documentation.

Guaranteed loans expenditure

(2) Except with the consent of the Lieutenant-Governor in Council, money described in subsection (1) shall not be attached, held or otherwise taken under power of law to satisfy an obligation of a council arising out of a contract entered into by that council without the prior approval of the minister.

Imposition of taxes

101. (1) All taxes that may be imposed or varied by a council shall be imposed or varied by a resolution of that council before April 1 in the financial year in which the tax or tax variation is to be applied.

(2) A council may, in the resolution imposing or varying the tax, set out the date when the tax is due.

(3) Where a tax is imposed or varied by a council before April 1 of the financial year, that tax shall be considered to have been due from the beginning of the financial year, unless a later date is set out under subsection (2).

(4) Where a tax is imposed or varied by a council after March 31 of the financial year, it shall not take effect until the beginning of the next succeeding financial year unless a later date is established under subsection (2).

Imposition of service charge

(2) Service charges that may be imposed or varied by a regional council shall be imposed or varied by a resolution of that council.

(3) A regional council may, in the resolution of that council imposing or varying a service charge, set out the date when the service charge is due.

Tax payment

103. (1) A council may determine the manner of payment of a tax or service charge imposed under this Act.

(2) A determination made under subsection (1) may permit the payment of a tax by the provision to the council of a service or materials of a value equal to the amount of the tax.

Effect of extensions

(2) Notwithstanding section 101, where a water system, sewage system or water and sewage system are installed during a financial year, the water and sewage tax imposed is considered to be due from the beginning of that financial year, unless the council sets a later date under that section.

First year

(2) Notwithstanding section 102, service charges imposed by a regional council in its first financial year become due from the first day of the next financial year of the council, unless the council sets a later date under section 102.

Duration

(2) Service charges imposed or varied by a regional council remain in effect and are due according to the nature of the service charge and its method of payment, until the resolution of the council imposing it has been cancelled.

Interest on arrears

107. (1) A council may charge interest on taxes that are not paid before the date on which they become due, if, before making that charge, the council passes a resolution establishing the rate of interest to be charged and when that interest shall be applied.

(2) A regional council may charge interest on service charges that are not paid before the date on which they become due, if before making that charge the regional council passes a resolution establishing the rate of interest to be charged and when that interest shall be applied.

Discount allowed

108. A council may allow a discount in respect of taxes imposed under this Act where the tax is paid within the time period which that council may establish, so long as before allowing that discount that council passes a resolution establishing the rate of discount and the time period within which the tax is to be paid.

Publication

(2) A regional council shall, in a newspaper circulated in the region, publish a copy of a resolution of the council where a service charge is imposed or varied.

(3) The liability of a person to pay a tax or a service charge is not affected by the failure of a municipality to comply with subsection (1) or (2).

Proof of tax or service charge

Exemption and remission

111. (1) A person may apply to a council for, and the council may, by a vote of 2/3 of the councillors in office, grant an exemption, remission or deferment of taxes and interest on the taxes, either in whole or in part, for those periods of time that the council decides and the council may determine the evidence which it shall require to warrant the exemption, remission or deferment.

(2) A council may, by a vote of 2/3 of the councillors in office, enter into tax agreements and offer tax incentives which vary existing rates of tax.

(2) For the purpose of establishing a real property tax, there may be imposed with respect to real property used for residential purposes one rate of tax and, with respect to commercial property, another rate of tax.

(3) Where there are 2 or more owners of the same real property within the municipality, the council may designate one of those owners to be the owner for the purpose of the imposition and collection of the real property tax.

Rate of tax

Minimum tax

114. A council may, by resolution, establish different minimum annual real property taxes in a municipality for residential and for commercial property.

Occupier considered owner

Tenant of tax exempt property

116. (1) Where real property is exempt from the real property tax, a tenant who pays valuable consideration to rent that real property shall pay a tax equivalent to the real property tax that would have been payable by the owner of the real property if that property were subject to that tax.

(2) Notwithstanding subsection (1), where the owner of real property pays to the council a grant-in-lieu of taxes, a tenant who pays valuable consideration to rent that real property is not liable for a real property tax that would have been payable by the owner if that property were subject to a real property tax.

Representative capacity

(2) Where the owner of real property has not reached the age of majority, the person whose name has been entered on the assessment roll of the municipality prepared under the Assessment Act as the parent, guardian or other legal representative of the owner is, where the owner defaults in the payment, liable for the payment of the real property tax.

Tax exempt property

Supplementary assessment

(2) Where real property has been made subject to an original or supplementary assessment under the Assessment Act and an appeal is taken under that Act against the assessment, the real property tax is, notwithstanding an appeal, payable on the basis of that assessment.

(3) The difference between the amount of the tax collected under subsection (2) and the amount payable on the basis of the assessment as later determined on the appeal under the Assessment Act shall be paid by the owner or refunded by the council, according to the decision in the appeal.

Business tax

Gross revenue and assessed value business tax

(2) Notwithstanding subsection (1), where a council has not imposed a real property tax, it may by resolution set the business tax as a percentage of the assessed value of the property used by a business, where there is a fixed place of business that can be assessed under the Assessment Act.

(3) Where a resolution is made under subsection (2), the council shall carry out an assessment of the real property affected under the Assessment Act.

(4) For the purpose of this section a business has no fixed place of business if it does not operate from a specific location for a period of at least one month.

Gross revenue

(2) Where a business does not submit a statement of its gross revenue the council shall estimate the gross revenue of the business for the preceding year and bill for taxes based on its estimate.

(3) Where a business which is subject to a business tax as calculated under section 123, has not been carrying on business in the preceding year, the council may estimate the gross revenue of the business and bill for taxes based on its estimate.

(4) Where a business provides records to the council after the council makes an estimate under subsection (2) or (3) that shows to the satisfaction of the council an amount of gross revenue different from that estimated by the council, the council shall adjust its tax records at the end of its financial year and shall either rebate excess taxes paid by crediting the rebate to the next year's business tax or add additional tax owing to the next year's business tax.

(5) Where a council has estimated the gross revenue of a business under subsection (2) or (3), the business may appeal to that council for a revised estimate where the business is able to show a valid reason for the revision to the council.

Rate where property tax

(2) Notwithstanding subsection (1), where the fixed place of business cannot be assessed under the Assessment Act, the council may impose the tax on that business under subsection 121(1).

Variation of rate

Minimum business tax

125. (1) A council may impose a minimum business tax on all businesses operating in the municipality.

(2) There may be differing minimum business taxes under subsection (1) for different classes of businesses.

(3) Notwithstanding sections 121 and 123, a council may impose a minimum business tax under subsection (1) as a fixed amount.

Poll tax

126. #9; (1) A council may impose an annual tax, to be known as "the poll tax" on

(2) A person to whom paragraph (1)(a) refers who does not ordinarily reside in a municipality for the full current financial year is entitled to a rebate of the poll tax that the person has paid for the full year, the rebate to be in proportion to the duration of time that person is not resident.

(3) For the purpose of this section and section 127 the rules for determining persons who are ordinarily resident under Part XII for election purposes under this Act apply.

(4) Notwithstanding section 127, a poll tax is payable by a person when he or she becomes liable under subsection (1).

Exemption from poll tax

127. (1) The following persons or class of persons are exempt from a poll tax imposed under section 126:

(2) An application for an exemption under paragraph (1)(c) shall be made before July 1 in a financial year in order for that exemption to be applicable to that financial year.

(3) For the purpose of paragraph (1)(c), pension income received under the Old Age Security Act (Canada) and pensions and allowances that the Lieutenant-Governor in Council may prescribe by regulation shall not be considered to be income.

Employer's duty

(2) Where the council asks a person resident in the municipality for the name of his or her employer, that person shall immediately give the information to that council.

(3) An employer not referred to in subsection (1) shall, on demand of a council in relation to an individual named by that council, deliver to that council within 2 weeks of the demand, the fact of whether or not the individual is employed by the employer, and if so, the dates on which the employment began.

(4) Where a person has been employed in a municipality for not fewer than 90 days in total during the financial year of the council, or, where a person is ordinarily resident in the municipality, the council may demand that the person's employer deduct the poll tax for the current year and arrears and interest on arrears of poll tax for previous years, from that person's wages and that employer shall forward the tax, arrears and interest collected to the council within the time limit specified by the council unless the person obtains a certificate from the clerk stating that the person is exempt from the payment of the poll tax or has made other payment arrangements with the council.

(5) For the purpose of this section, "employer" includes the Crown and an agency of the Crown.

Direct sellers tax

129. (1) A council may impose an annual tax upon a direct seller.

(2) A tax imposed under subsection (1) shall be imposed as a fixed amount.

(3) A direct seller shall not do business within a municipality except under and in accordance with the terms of a permit which the council for that municipality may issue.

(4) This section shall not apply to a business upon which a tax is imposed under sections 121 and 123.

(5) In this section, "direct seller" means a direct seller as defined in the Direct Sellers Act.

Water and sewage tax

130. A council of a municipality served by a water system, sewage system or a water and sewage system shall impose upon the owner of real property located inside or outside the municipality that is connected or is capable of being serviced by that system, a tax, to be known as the water and sewage tax.

Method of taxation

and the amount or rate of tax may differ in respect of residential and commercial buildings, and different classes of residential buildings and commercial buildings.

(2) Where a real property tax has not been imposed in a municipality, the water and sewage tax shall be a fixed amount but the council may fix different amounts in respect of different classes of real property.

(3) A council may require that a water meter be installed on a building in the municipality or may install a water meter in a building in the municipality, and the cost of that installation shall be a cost of the owner of the building.

(4) Where the water and sewage tax is set at a metered rate and there is no meter installed or working in relation to a building to which a metered rate applies, the council may for the purpose of imposing the tax estimate the quantity of water used in that building until a meter is installed and working.

(5) Where a council estimates the quantity of water used in a building under subsection (4) and the person who is liable for the water and sewage tax calculated on that estimate feels the estimate is incorrect, that person may appeal to the council for an adjustment in the estimate.

(6) Notwithstanding that a person appeals an estimate under subsection (4), the person shall pay the water and sewage tax as calculated on the estimate of the quantity of water used and an adjustment on the payment of tax shall be made in accordance with the appeal decision.

(7) Notwithstanding subsections (1) and (2), an amount or rate charged for a building owned by the Crown or an agency of the Crown including schools as defined in the Schools Act, 1997 and hospitals as defined in the Hospitals Act, shall be the same amount or rate as charged to similar properties in the municipality.

Disconnection of service

(2) Where it is necessary for the purpose of subsection (1), an employee or agent of a council may enter upon real property, whether publicly or privately owned, and at reasonable times enter into the buildings or structures on that real property.

Collection as civil debt

Lien

134. (1) Taxes fixed, established and imposed in respect of real property, including the real property tax, business tax, where the owner of the business is also the owner of the real property occupied by that business, and water and sewage tax, where the water and sewage system services the real property owned by the person who is taxed for that service, constitute a lien upon that real property except where the real property is sold for tax arrears by the council.

(2) A lien under subsection (1) attaches on the date on which the relevant tax was due to the council and continues for a period of 6 years after that attachment or 6 years after the last payment on account of the tax or acknowledgement of the tax has been made or given to the council, whichever is later.

(3) A lien under this section ranks in priority over a grant, deed, lease or other conveyance and over a judgment, mortgage or other lien or encumbrance affecting the real property or the title to the real property to which the lien applies.

(4) Where proceedings are taken to enforce a lien imposed under this section, the lien shall continue in force until the completion of the proceedings or for 10 years, whichever is sooner.

(5) The registration of a grant, deed, lease or other conveyance or of a judgment, mortgage or other lien or encumbrance, whether it was before or after the time the lien attached, does not affect the priority of the lien.

(6) It shall not be necessary to register a lien imposed under this section in the Registry of Deeds established under the Registration of Deeds Act.

Occupied residential property

135. Notwithstanding section 134, real property that is occupied for full time residential purposes by the owner shall not be sold for tax arrears by the council while it is occupied in that manner.

Tax certificate

Notice of arrears

137. (1) Where taxes on real property owed under this Part are in arrears, the clerk shall serve upon the owner and encumbrancers of the real property to which the taxes apply a notice signed by the clerk which shall contain

(2) Service of the notice upon a person under subsection (1) is sufficient where it is sent by registered mail to the last known address of the person, or, where the address of the person is not known, by leaving the notice with the tenant or occupant of the real property affected or by posting a copy of the notice in a conspicuous place on the property.

(3) Where the owner of the real property taxed under this Part is unknown or the clerk has not been able to obtain information respecting ownership or encumbrances, the notice shall be posted in a conspicuous place on the real property affected.

Right of mortgagee

(2) Where a person pays taxes under subsection (1), the person may add the amount paid to his or her mortgage, judgment or other security, notwithstanding a clause or condition to the contrary contained in the security and shall have the same rights, remedies and privileges against the real property that he or she has under the security held by him or her and may sue for and recover in an action for debt the amount paid, together with interest, against the person liable under this Part to pay that amount.

(3) Notwithstanding subsections (1) and (2), it shall be considered to be a condition of all mortgages of real property within the municipality that the mortgagee may pay money owing to the council and unpaid in respect of the mortgaged property and add the money to the mortgagee's security, notwithstanding a clause or condition to the contrary contained in the mortgage.

Direction to sell

Advertisement

(2) Notice of the sale shall be published, at least 30 days immediately before the sale, in a daily or weekly newspaper in circulation in the municipality by one insertion each week, and it shall be sufficient in the notice to put the street and number of real property advertised, or to put another short reference by which the real property may be identified, together with a statement that a full description may be seen at the office of the clerk.

Sale by auction

(2) Where the real property described or referred to in the notice of sale is only a portion of real property for which a tax is owed and the portion does not sell for a sufficient sum to satisfy the taxes, interest and expenses due with respect to the real property of which it forms a part, the clerk may immediately, and without further notice, sell the whole or a portion of the remainder of the real property to satisfy the taxes, interest and expenses.

(3) The municipality, by an official or agent, may bid for and purchase real property being sold to satisfy taxes, interest and other expenses due.

Further notice of sale

(2) The clerk shall give notice in the paper in which the sale was originally advertised, or where not then in circulation, in another newspaper circulating in the municipality, of the time and place to which the sale is adjourned and he or she shall again put up the real property at public auction and may sell the real property for any sum that can be realized.

Sale set aside

Tax payment from proceeds

(2) Where there is a balance of the purchase price remaining after making the deductions under subsection (1), the municipality shall pay the person entitled to it, or, where there is a dispute as to who is entitled, as determined by an order of the Trial Division on application by the municipality.

Failure to pay

the clerk shall immediately put up the real property for sale again.

Future assessments

(2) Where the municipality is the purchaser, the real property shall be assessed to the municipality.

(3) Where real property has been sold under this Act for arrears of taxes, the council shall give to the purchaser a valid conveyance in the name of the municipality signed by the mayor or chairperson and the clerk or the person appointed by council and sealed by the municipality.

Vesting of property

Seizure of rentals

(2) The clerk shall serve, on a tenant referred to in subsection (1), a written notice signed by the clerk requiring the tenant to pay his or her rent to the council instead of to the tenant's landlord.

(3) The clerk shall deliver or mail to the landlord a duplicate copy of the notice served under subsection (2), before the date of service of the notice on the tenant.

(4) The tenant shall, from the date on which he or she receives the notice under subsection (2), until the clerk cancels the notice in writing, pay his or her rent to the council, or so much of it as the clerk specifies in the notice, and a receipt signed by the clerk is to the extent of the payment a good discharge to the tenant as against a claim by his or her landlord for rent.

(5) The clerk shall deliver or mail to the landlord a duplicate copy of a receipt given to a tenant under subsection (4).

(6) The clerk shall credit against the indebtedness of the landlord to the council, payments made by tenants under subsection (4), and the council is not obliged to release the tenant from liability to continue making payments to the council under that subsection, until the landlord's liability has been completely discharged.

Assessments and levies

and this cost shall be known as "the local improvement assessment".

(2) Where a public work of a council or an action of a council on or off a real property designed to

makes that real property

that council may impose a charge on that real property to be known as a "service levy".

(3) A service levy shall not exceed the cost or estimated cost, including financing charges to the municipality of improving or constructing the public works referred to in subsection (2) that are necessary for the real property to be developed in accordance with the standards required by the council and permitted by that council on that real property.

Method

(2) The amount of the local improvement assessment against each portion of real property shall bear the same ratio to the total cost to the council of the public work, together with financing charges, that the frontage of that portion bears to the total of the frontages to be assessed.

(3) Where the portion of real property to be assessed is a corner lot or an irregularly shaped lot, the council may consider the length of frontage for local improvement assessment purposes to be more or less than the actual frontage directly benefited by the public work.

(4) A service levy imposed under subsection 149(2) shall be assessed on the real property based upon the

Agricultural land

Non-discriminatory

Payment

Lien

(2) A service levy attaches to the real property in respect of which it has been made and constitutes a lien upon that real property, except where the real property is sold for taxes, arrears in an assessment, or arrears of a service levy.

(3) Sections 134 to 147 apply, with the necessary changes, to a lien constituted under subsections (1) and (2).

Collection as civil debt

Water and sewage systems

(2) For the purpose of subsection (1) the council may

(3) For the purpose of exercising its powers under subsection (1), a council may lay out, excavate, dig, make, build, maintain, repair and improve all drains, sewers, and water supply pipes that the council considers necessary.

Acquisition of private systems

(2) Where an agreement cannot be made under subsection (1), the compensation shall be determined and paid in accordance with the expropriation provisions of this Act.

Right of entry

(2) Employees or agents of a council may at reasonable times enter upon all real property, whether publicly or privately owned, and enter into the buildings or structures on real property for the purpose of carrying into effect the work and system of water supply, sewage and storm drainage or other works that the council is empowered to undertake or control in the municipality.

Right to construct

(2) Notwithstanding subsection (1), a council shall not enter upon, break up or otherwise interfere with a highway vested in the Crown under section 5 of the Works, Services and Transportation Act without the written consent of the minister responsible for that Act under the Executive Council Act.

Council to give notice

Diversion of watercourses

(2) A council may for the purpose of subsection (1) enter upon all lands within the municipality and dig and excavate upon those lands and go under all buildings and structures that may be erected on the lands, and may require the owner or occupier of all buildings and structures upon those lands to make alterations in the walls, cellars and other portions of the buildings and structures that may be necessary for those purposes.

Compensation for injurious affection

Ownership of highways

(2) Where a council is established to govern an area that was a townsite or other area owned by a corporation, all highways, sidewalks and bridges are considered to be public except those specifically retained by the corporation that are necessary to the corporation's operations.

Private roads

(2) A person shall not open or make a new highway designed for public use through privately owned land in a municipality except with the prior written approval of the council and in accordance with conditions and specifications imposed by that council in its approval.

Construction

(2) A person shall not break up the surface of a public highway, sidewalk or bridge or erect or place a structure or erection in, on or under them without the prior written approval of the town council and in accordance with conditions imposed by the council in its approval.

Closing

Acquisition of property

Removal of projections

(2) The owner of a projection set out in subsection (1) that has been placed into or over a reservation after it has been designated by a council, without the written approval of that council, shall pay the cost of that removal.

(3) Where the projection described in subsection (1) has been placed into or over a reservation before it has been designated or approved by the council, that council shall pay the cost of removal and shall compensate the owner in an amount to be agreed for the loss of his or her property, or where an agreement cannot be reached, in an amount determined as if it were an expropriation under this Act.

Parking lots

(2) A person shall not, within a municipality, operate or construct a parking lot except under and in accordance with a written permit from the council.

Lighting

Names and numbering

(2) A council may establish an appropriate form and size for the numbering under subsection (1).

Removal of vehicles

a person authorized for the purpose by the council may remove the vehicle to a place selected by the authorized person.

(2) Before the vehicle is returned to its owner, the owner shall pay the costs of its removal and storage as determined by the council and where those costs are not paid by the owner, that council may, after giving notice to the owner, sell the vehicle by public auction to satisfy those costs.

(3) A sale under subsection (2) vests clear title in the purchaser free from all encumbrances and residual amounts received over and above the costs of its removal, storage and sale shall be paid over to the owner or to a person who satisfies the council that he or she has a prior encumbrance.

Movement of vehicles

(2) Notwithstanding subsection (1), a vehicle that is propelled over tracks or other device, other than tires, shall not move over a public road or bridge without the written consent of the council.

Recreational facilities

Grants and loans

Collection, etc. of waste

Charges

(2) For the purpose of subsection (1) a tenant does not include a lodger or a boarder.

(3) A council may exempt from payment of the fee imposed under subsection (1) persons who are subject to the poll tax or to a real property tax imposed with respect to the real property from which solid waste is removed.

Removal of waste

Municipal enforcement officers

(2) A municipal enforcement officer appointed under subsection (1) has the powers of a member of the Royal Newfoundland Constabulary with respect to the enforcement of this Act and regulations made under this Act within the municipality for which he or she is appointed.

Agreements re policing

to perform the duties of a municipal enforcement officer.

Powers and duties

181. A member of a police force set out in section 180 has the powers and may exercise the duties of a municipal enforcement officer, where an agreement has been entered into under that section.

Agreement re jails

Fire department

Agreements

Fire spread prevention

(2) The officer in charge of a fire department at a fire may, where he or she considers it necessary in order to extinguish or stay the progress of a fire, pull down or remove a private or public building or structure, or part of the building or structure.

Right re traffic

(2) The officer in charge of a fire department at a fire or other emergency may close all highways in the vicinity of a fire or other emergencies.

Power to enter building

(2) An action shall not lie against an officer or member of the fire department, or the council, with respect to damage necessarily occasioned to the buildings or structure as a result of an action under subsection (1).

Other fire department

Prohibition

(2) A person shall not wilfully give a false alarm of fire to a fire department or to another person by ringing an alarm signal or operating a siren or other device used to signal the existence of a fire or by telephone or by other means.

Public transportation system

(2) A council may enter into an agreement with a person, for a period that the council considers appropriate, granting to that person an exclusive right to establish and operate a public transportation system within the municipality, subject to rates for fares and other conditions that may be set out in the agreement.

(3) A council may erect, or authorize the erection of, public waiting areas for public transportation.

Public libraries

Cemeteries

(2) A council may sell or lease the whole or part of property acquired under subsection (1) for the purpose of establishing a cemetery or crematorium, or for burial plots, under terms that the council may set out in the sale or lease.

(3) A cemetery or crematorium may not be established in a municipality except with the consent of the council.

Minimum lot size

Building prohibition

except in accordance with a written permit from the council.

Water and sewage prohibition

except in accordance with a written permit from the council.

(2) A council shall not approve a permit under subsection (1) without the prior written approval of the Department of Health and Community Services and the Department of Environment and Labour.

Storm drainage

except in accordance with a written permit from the council.

(2) A council shall not approve a permit under subsection (1) without the prior written approval of the Department of Environment and Labour.

Signs

Sales from vehicles and stands

198. Where a council by regulation requires a permit for the sale of food or goods from or in association with a vehicle, stand or other movable, collapsible or temporary structure whether inside or outside a building, a person shall not carry out that sale unless he or she has a permit issued by that council.

Place of entertainment prohibition

199. A person shall not operate a place of entertainment within a municipality except in accordance with the terms of a written permit from the council.

Heritage areas

(2) A council may establish a heritage advisory committee to advise the council on regulations made with respect to heritage buildings, structures and lands and the preservation of the real property designated under that section.

Property acquisition

201. (1) A council may acquire and hold real and personal property which is not necessary for the operations of the council under this Act.

(2) Notwithstanding subsection (1), a council shall not acquire and hold real and personal property under that subsection without the prior written approval of the minister.

Business improvement areas

(2) A council may make regulations

(3) A council shall before designating a business improvement area give written notice of the intended regulations to all persons, groups, businesses, organizations and companies within the proposed business improvement area which have been assessed for business tax in the last revised assessment roll of the municipality.

(4) A council shall not designate a business improvement area where, within 30 days of giving written notice, 1/3 of those entitled to that notice under subsection (3) and representing 1/3 of the assessed business tax in the proposed business improvement area give written notice to the clerk of the objections to the designation of a business improvement area.

(5) Where a council designates a business improvement area under subsection (2), it shall appoint annually a board of management which shall be responsible for the management of that business improvement area.

(6) A council may by regulation dissolve a business improvement area and a board of a business improvement area

203. (1) A council may encourage economic development as it considers appropriate and for that purpose, may enter into an agreement with another municipality, local service district, agency, person or the government of the province.

(2) In this section, "economic development" means the continuation, expansion or establishment of a business or industry.

State of emergency

the council, chairperson or mayor may declare a state of emergency in the municipality or part of the municipality.

Remuneration and expenses

Vacancies

(2) A council shall, by resolution, declare vacant the office of an elected councillor where that councillor

(3) A councillor in respect of whom a resolution is made under subsection (2), shall not vote on that resolution.

(4) A councillor shall not sit or act as a councillor after his or her office becomes vacant.

Conflict of interest

207. (1) A councillor shall not vote on or speak to a matter before the council or a committee of the council where

(2) For the purpose of subsection (1) a relative of a councillor means a father, mother, spouse, sister, brother, child, step-child, ward, mother-in-law, father-in-law, sister-in-law, or brother-in-law of the councillor.

(3) For the purpose of subsection (2), "spouse" means a person to whom a councillor is married or with whom the councillor is living in a conjugal relationship outside marriage, but does not include a person to whom the councillor is married if they have made a separation agreement or if their support obligations and family property have been dealt with by a court order or separation agreement.

(4) In order for an interest to be considered as one falling within the prohibition set out in subsection (1) it shall be an interest distinct from an interest held in common with the other citizens or classes of citizens of the municipality.

Disclosure

208. (1) Where a councillor has an interest described in subsection 207(1), the councillor shall

and that statement respecting his or her interest shall be recorded in the minutes of the council, or a committee of the council, where that statement was made at a committee meeting.

(2) Where a councillor declaring a conflict of interest under subsection (1) is the presiding officer, he or she shall vacate the chair.

(3) Where a councillor declares a conflict of interest under subsection (1) he or she shall immediately leave the meeting while the matter on which he or she has a conflict of interest is being discussed.

(4) Where one or more councillors have declared a conflict of interest under subsection (1) and there is no longer a quorum to vote on a matter, the minister may direct that the remaining councillors make a decision on the matter as if those remaining councillors constituted a quorum.

(5) Where all councillors have declared a conflict of interest under subsection (1), the minister may require that an official of his or her department prepare a report respecting the matter and where the report indicates that the councillors should proceed with making a decision, the minister may exempt the council from the application of section 207, and the councillors may vote on the matter.

Decision of council

209. (1) Where a councillor is in doubt as to whether or not he or she has a monetary interest that is a conflict of interest under section 207, he or she shall make a disclosure and the council may decide the question by majority vote and its decision on the matter is final.

(2) A councillor whose possible conflict of interest is being voted on is not entitled to vote.

Disclosure statement

210. (1) The councillors, clerk, manager, treasurer and department heads of a municipality, shall complete annually, a disclosure statement in a form which the council may establish setting out the interest of a councillor or an employee that may place him or her in a conflict of interest.

(2) A disclosure statement completed under subsection (1) shall contain

(3) Disclosure statements required under subsection (1) shall be completed by

Quorum

(2) Notwithstanding subsection (1), where the number of councillors available to attend meetings is less than a quorum, the minister may authorize the councillors who are available to attend meetings to perform the functions of the council that he or she may prescribe.

(3) Notwithstanding subsection (1), where the number of councillors holding office is less than a quorum, the minister may appoint a sufficient number of councillors to make a quorum.

(4) Notwithstanding subsections (1) and (3), where the number of councillors holding office is less than a quorum, the minister may authorize the councillors remaining in office to perform those functions of the council that he or she may prescribe.

Voting

(2) A councillor shall not abstain from voting on a motion or resolution before the council unless he or she is required to abstain from voting because of a conflict of interest under section 207 or he or she has been permitted to abstain by a majority vote of the other councillors in attendance at the meeting.

(3) Where a councillor abstains from voting on a motion or resolution, a decision shall not be made on that motion or resolution unless the number of councillors in favour of the motion or resolution is equivalent to or more than a majority of the councillors in attendance at the meeting.

(4) The minutes of a council meeting shall indicate the names of the councillors who vote for and against and who abstain from voting on a motion or resolution.

(5) Where there is a tie vote on a motion or resolution, that motion or resolution shall be considered to be defeated.

Privileged meetings

(2) Where a meeting is held as a privileged meeting or declared to be a privileged meeting, all members of the public present at the meeting shall leave.

(3) A decision of the councillors made at a privileged meeting shall not be valid until that decision has been ratified by a vote of the councillors at a public meeting.

Public tenders

214. The execution of public works, the acquisition of goods or services and the leasing of space by a council shall be in accordance with the Public Tender Act and in this section, "public works" and "goods or services" have the same meaning as in that Act.

Inspection of documents

(2) A person making an inspection under subsection (1)

Copies of documents

(2) An extract provided under subsection (1) purporting to be certified by the clerk and having the seal of the council attached to it shall be received in evidence as presumptive proof without proof of the appointment or signature of the clerk or the seal of the council.

Authentication of documents

(2) Where a mayor, chairperson or clerk disqualifies himself or herself from acting as a signatory to a deed or other document to which the council is a party, the council shall appoint a councillor to act as a signatory in the place of the person who disqualifies himself or herself.

Agent

Joint ventures

Plebiscites

(2) A plebiscite shall, with the necessary changes, be held in accordance with Part XII of this Act.

Private services

Expropriation

Right of entry

Method of expropriation

(2) Ten days after the service of the notice of expropriation on the owner, or, where the owner is incapable of conveying the land, property or his or her interest in the land or property, or cannot be found in the province or is not known, or where for another reason personal service cannot be conveniently effected, then 10 days after the posting up of a notice of expropriation in a conspicuous place upon the land or property, the land or property vests in the council and the council may immediately enter upon the land or property and take possession of it.

Compensation

(2) An advantage which the owner of the expropriated land or property may derive or is likely to derive directly or indirectly from the contemplated work and operation for which the expropriation has taken place shall be taken into account in reducing the compensation paid under subsection (1).

Board of assessors

(2) A council shall appoint one assessor.

(3) A council shall, by written notice, require the owner of land, property or an interest in the land or property that has been expropriated or injuriously affected to appoint an assessor and the owner shall, within 30 clear days after the date of the notice, appoint one assessor.

(4) Where the owner of the land, property or an interest in the land or property that has been expropriated or injuriously affected cannot be found or the council does not know who the owner is, the council may appoint an assessor in addition to the assessor appointed by it under subsection (2).

(5) Where the owner of the land, property or an interest in the land or property that has been expropriated or injuriously affected refuses or neglects to appoint an assessor within the time set out in subsection (3), or is incapable of appointing an assessor, the council may apply to a judge of the Trial Division who, after notice to the owner that appears appropriate, or without notice to the owner where it appears to him or her to be desirable to dispense with that notice, shall appoint the owner's assessor.

(6) The assessors appointed by the council and the owner under this section shall appoint a third assessor to be chairperson of the board of assessors.

(7) Where the 2 assessors referred to in subsection (6) fail to appoint the chairperson of the board of assessors after 7 clear days' notice in writing from the council or the owner to make that appointment, a judge of the Trial Division shall, on the application either of the council or the owner, appoint the chairperson.

Agreement on compensation

(2) An agreement reached under subsection (1) shall be in writing and approved by 2/3 vote of the councillors in office at the time of the agreement.

More than one owner

Oath or affirmation

"I, A. B., swear (affirm) that I shall to the best of my ability faithfully perform the duties of a member of a board of assessors appointed under the Municipalities Act, 1999, in connection with the expropriation of land or property by the _____________________________ council." (Where an oath is taken, add "So help me God".)

Assessors

(2) The board of assessors

Appeal

231. (1) A council or an owner of land or property that has been expropriated under this Act may, within 30 days after the date of an award of a board of assessors, or of an agreement under section 227, give to the other party notice of an appeal to the Trial Division against the findings of the board of assessors upon a question of law or fact in connection with the expropriation or upon the question of the amount of compensation awarded by the board of assessors or agreed upon between council and the owner or injuriously affected person.

(2) Costs of an appeal under subsection (1) may be awarded by the Trial Division for or against the council.

Technical objection

(2) A board of assessors may name in the award the person to whom compensation is to be paid but the lands or property in respect of which the award has been made are to be clearly indicated.

Time of award

(2) Notwithstanding subsection (1), the time within which an award is to be made shall not be extended without the consent of the owner of the land being expropriated or injuriously affected.

Compensation

(2) Where the compensation is not paid within 30 days of the date of the award, it bears interest at the rate of prime plus 1% a year until the date of payment.

Leasehold interest

(2) Where only a part of land or property subject to a lease described in subsection (1) is expropriated, the board of assessors shall apportion the rent payable in respect of the land or property between the land or property expropriated and the residue of the land or property, and, after the apportionment, the lessee and sublessee or their assigns are liable, as to all future accruing rent, only for so much of the rent as is apportioned in respect of the land or property not expropriated.

(3) With respect to the land or property not expropriated as set out in subsection (2), the lessor shall have all of the same rights and remedies against the lessee, sublessee, or their assigns for the recovery of the portion of the rent, as he or she had previously, to the apportionment for the recovery of the whole rent reserved by the lease, and all of the covenants, conditions and agreements of the lease, except as to the amount of rent to be paid, remain in force with regard to that part of the land or property that is not expropriated in the same manner as they would have done, as if that part of the land or property had been included in the lease or sublease.

Transfer of land

(2) The land or property marked off under subsection (1), and consented to by the council, is considered to be an award by the board of assessors, and upon transfer of the land or property by the council to the party whose land has been expropriated, is considered to be full compensation under this Act.

Costs

(2) Where

Abandonment

Fees

(2) The execution of an agreement under subsection (1) is a full discharge of all claims by the members of the board of assessors for remuneration under this Act.

Register

Notice

(2) Where a notice of expropriation is given under subsection (1), it shall be posted in a conspicuous place on the land in addition to the notice of expropriation being served on the person who is the apparent owner.

(3) Where land is expropriated under subsection (1), a reference shall not be made to the board of assessors where the apparent owner establishes his or her title, and where it is found that the apparent owner is not the true owner, compensation is to be assessed and paid to the true owner in accordance with this Act.

Registration of notice

(2) The provisions of the Registration of Deeds Act relating to proof for registration of an instrument apply to proof of service or of posting up of the notice as if the person serving or posting it was the signing witness to the execution of the instrument.

(3) The registration of the copy of the notice with the affidavit or certificate attached has the same effect as the registration of an instrument under the Registration of Deeds Act, and for the purpose of section 10 of that Act, the council is considered to be a purchaser for valuable consideration.

(4) Entry by the Registrar of Deeds in the index to the books of the Registry of Deeds of

constitutes compliance with section 29 of the Registration of Deeds Act.

(5) Where the name of the owner of the land is not known an entry to that effect is to be made in the index of the Registry of Deeds.

Duty to provide title

(2) Where a claimant fails to provide the council with satisfactory proof of title the council shall notify the claimant in writing that satisfactory proof of title has not been provided and the notification shall be served personally or by registered mail on the claimant within 30 days after the claimant files a claim with the council.

(3) Nothing contained in this Act shall be considered to require a council to make or arrange for the payment of compensation or the transfer of another matter provided by way of compensation under this Act until the time that the claimant has established a title or claim to the reasonable satisfaction of the council or in accordance with this Act.

Payment into court

the council may pay the compensation payable in respect of the land or property or an interest in the land or property into the Trial Division, subject to the control and disposition of that court in accordance with this Act.

(2) Where the person to whom compensation is payable under this Act

the compensation payable may be paid by the council into the Trial Division under subsection (1).

(3) Following payment into court under subsection (1) or (2),

Payment out of court

(2) Where a claim to the compensation referred to in subsection (1) is not established in accordance with this Act before the expiration of 3 years from the date on which it was paid into court, the Registrar of the Supreme Court shall, on the expiration of that period, return the amount of the compensation to the council together with all interest accrued on the compensation.

(3) Following the return of the compensation under subsection (1), the claim of a person against the council or a person acting under it in respect of the land or property or interest in it, on account of which the compensation was paid into court, is extinguished.

Sale of expropriated land

(2) With the approval of the minister, a council may sell or otherwise dispose of land or property acquired by expropriation, agreement or gift on the conditions and for the consideration that it thinks appropriate, notwithstanding that the sale or disposition is for a purpose other than that for which the land or property was acquired.

Appointment of comptroller

the minister may appoint a comptroller of the municipality and prescribe his or her duties.

(2) The comptroller shall be paid out of the funds of the municipality the sum for his or her services and those travelling and other expenses that the minister may determine.

Expenditures where comptroller

Ministerial direction

Appointment of administrator

(2) Where the minister may appoint an administrator he or she may appoint in the administrator's place a commission of administration consisting of 3 persons, and shall designate one member to be chairperson and convenor and another to be deputy chairperson and deputy convenor.

Retirement of council

Powers of administrator

(2) The administrator may dismiss the officers and employees of the municipality.

Duty of officers

(2) A person shall immediately comply with a request of an administrator under subsection (1).

Budget

(2) The minister may approve or amend the budget and the administrator shall only make expenditures within the budget as finally approved.

Local committee

Appointment of officers

Realization of assets

(2) Money received from the realization of the assets shall be devoted towards the payment of the then existing liabilities of the municipality in the manner and to the extent that the minister may determine.

(3) The minister may decide the rates of taxation for a municipality under administration.

Books of account and records

(2) The minister or a person authorized by him or her may examine and inspect the books of account.

(3) The books of account shall be audited as required under sections 87 to 92.

(4) An administrator shall keep a correct record of all the proceedings taken by him or her relating to the affairs of the municipality.

(5) An administrator shall at least once a month provide the minister with statements showing the assets and liabilities and the financial condition of the municipality for the preceding month.

Status of regulations

Remuneration of administrator

Restoration of status

(2) Where a new council has been elected, the administrator shall pass over to the clerk or, in his or her absence, to the council, the records of the municipality.

Receivership

(2) The receiver is subject to the direction of the minister in all things concerning the performance of his or her duties.

Effect of order

Duty of officers

(2) A person shall immediately comply with a request under subsection (1).

Powers of receiver

Books of account and records

(2) The minister or a person authorized by him or her may inspect the books of account.

(3) The books of account shall be audited as required under sections 87 to 92.

(4) The receiver shall keep a correct record of all the proceedings taken by him or her relating to the affairs of the municipality and shall give the minister a full statement upon completion of his or her duties.

Application of money

(2) A surplus remaining after the payment of the liabilities of the municipality shall be paid into the Consolidated Revenue Fund by the receiver.

Payment of receiver

Interpretation

(2) Where in the opinion of the minister, the area of a municipality is likely to be larger on polling day than it was when an enumeration was conducted, the term "the municipality" shall be construed to mean that larger area for the purpose of preparing the list of voters or determining the qualifications of candidates or voters.

(3) Nothing in this Act shall be construed so as to permit a person who on polling day is not ordinarily resident within the boundaries of the municipality on that day to be a voter or to be a candidate.

Presence of agents

General elections

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

(3) The minister may, by order, defer a general election with respect to one or more municipalities for a period not exceeding one year in total.

(4) Notwithstanding subsection (1), a general election shall not take place in a municipality where a council has been elected for that municipality within one year of the date of the general election.

By-elections

(2) A by-election held under subsection (1) shall be held in the same manner as an election held under this Part, and shall take place within 3 months of the vacancy or increase in the council.

(3) A council may, with the approval of the minister, defer a by-election to be held under this section for a period not exceeding one year in total.

(4) Where a person is not nominated for a by-election held under subsection (1) and the minister does not appoint a person to fill the vacancy under subsection 276(1) or does not reduce the number of councillors, the council shall order a new by-election.

(5) Where a by-election is held, as a result of an increase in the number of councillors, to represent an area added to a municipality, the qualifications of voters and candidates in that area is to be determined as if the by-election is the first election held after the establishment of the municipality.

(2) An election or by-election held under subsection (1) shall be held in the same manner as another election or by-election held under this Part.

(3) Where an election or by-election is ordered to be held under subsection (1), the council or councillors affected by that order continue to hold office until the councillors elected to succeed them are sworn into office.

(4) Where a by-election is held under subsection (1), the councillor elected holds office for the unexpired term of the councillor whom he or she replaces.

(5) The minister may, by order, defer an election or by-election ordered to be held under this section for periods not exceeding one year in total.

Oath of office

(2) Each councillor shall, before entering on the duties of his or her office, take and sign the following oath or affirmation of office before the returning officer, clerk, justice of the peace or commissioner for oaths:

"I, A.B., swear (affirm) that I am fully qualified as required by law for the office of councillor of the town (region) of ____________________ and that I shall to the best of my ability faithfully perform the duties of councillor while I hold office." (Where an oath is taken, add "So help me God".)

(3) Where a person takes the oath or affirmation of office, the clerk shall enter a certificate in the minute book of the council that the oath or affirmation has been taken by that person.

(4) In the case of a first election, where a clerk has not been appointed, the person before whom the oath or affirmation is taken shall retain the oaths of office for transmittal to the clerk when he or she is appointed.

Term of office

Filling vacancies

the minister may, after the date fixed for nomination day, appoint as many councillors as are necessary to bring the council up to the number provided for the council.

(2) A councillor appointed under subsection (1) holds office for the same term that he or she would have served had he or she been elected as a councillor by the election or by-election.

First election

Returning officer

Where one poll

Polling divisions

Wards

Absence of DRO

Ineligible persons

Nominations

(2) Candidates shall be nominated between the hours of 8 a.m. and 8 p.m. 21 days before the holding of the poll.

Notice

Qualifications

(2) A person is not qualified to be nominated as a councillor while he or she holds an office under the council to which a salary or remuneration payable out of the funds of the municipality is attached or while he or she is employed by the council.

(3) A person is not qualified to be nominated as a councillor where his or her seat has been vacated under paragraphs 206(1)(b) or (e), subparagraph 206(1)(f)(ii) or is declared vacant under subsection 206(2), where the election is held within 2 years of the date on which his or her seat is vacated or declared vacant.

Nomination procedure

(2) A nomination

Declaration of qualification

Illness of candidate

Deposit

(2) The returning officer shall repay the deposit

(3) The returning officer shall pay to the council the deposit paid to him or her by a candidate who is not declared elected and for whom there is polled less than 1/2 of the votes polled for a candidate who is declared elected.

(4) The council shall apply sums of money paid to it under subsection (3) towards the expenses of the election.

Notice of candidates

Acclamation

the returning officer shall, without a poll being taken, declare those candidates who are nominated to be elected at the close of nominations.

Grant of poll

Voters

Place of voting

(2) A voter shall not vote in more than one ward or polling division during an election.

(3) Notwithstanding subsection (1), where an election official is assigned to a polling division other than that in which he or she ordinarily lives on election day, the election official may only vote in the polling division to which he or she has been assigned or at an advance poll or by proxy.

(4) Notwithstanding subsections (1) and (3), where an election official is assigned to a polling division in a ward other than the ward in which he or she ordinarily lives on election day, the election official may only vote at an advance poll or by proxy.

Prohibition

(2) Notwithstanding subsection (1), a person may vote for a regional council having jurisdiction over the area in which his or her municipality is located.

Residency

(2) Notwithstanding subsection (1), a person can live in more than one place in the province but he or she may not have more than one municipality at a time in which he or she is ordinarily resident.

(3) Unless he or she stops being ordinarily resident in the province under subsection (5), a person remains ordinarily resident in one municipality in the province until he or she, under subsection (1), acquires another place in the province in which he or she becomes ordinarily resident under this section.

(4) A person does not stop being ordinarily resident in a municipality because he or she has, for a temporary purpose only, left his or her principal or only residence, home, lodging or habitation in that municipality.

(5) When a person goes to a place outside the municipality for a purpose other than

with the intention of remaining in that place for an indefinite period, he or she stops being ordinarily resident in the municipality notwithstanding that he or she may intend to return at some future time, unless he or she continues to maintain a residence in the municipality in which his or her spouse and family have their home.

(6) In the absence of proof to the contrary, a married person may be presumed

(7) In the absence of proof to the contrary, an unmarried person is ordinarily resident in the municipality where he or she occupies a room or part of a room as a regular lodger or to which he or she habitually returns because of not having another permanent lodging place, without regard to where he or she takes his or her meals or is employed or to where his or her parents or siblings have their residence, home, lodging or habitation.

(8) In the absence of proof to the contrary, a person who, being registered and in attendance at a recognized educational institution in the province, lives or lodges in a place other than a place within which he or she has his or her residence, home, lodging or habitation when he or she is not attending that educational institution, does not become ordinarily resident in the municipality in which he or she lives or lodges for the purpose of attending the educational institution.

Oath or affirmation of voters

(2) A voter who refuses to take an oath or affirmation under subsection (1), shall not be permitted to vote.

Advance poll

(2) Where it considers it appropriate, a council may hold a second advance poll on the Saturday immediately preceding polling day.

Notice of advance poll

Conduct of advance poll

(2) A ballot box that is used in the conduct of an advance poll shall not be used on polling day.

Voters at advance poll

302. A voter who is otherwise eligible to vote and who is

may vote at an advance poll.

Record of advance poll

303. At an advance poll the poll clerk shall record in the poll book the names of the voters who vote at the advance poll and the polling divisions in which the voters live.

Impeditive voter

(2) An impeditive voter may, by an application in the prescribed form to the returning officer, authorize another person who is a qualified voter in the same municipality and polling division to vote on his or her behalf in a specified election in that municipality.

(3) An application under subsection (2) shall contain declarations in the required form verifying

(4) An application under subsection (2) shall be given to the returning officer by the impeditive voter or his or her designated proxy at least one day before the day of the election in respect of which it is made.

(5) Where satisfied that the requirements of this section have been complied with, the returning officer shall issue a proxy certificate entitling the designated person to vote at the polling division and municipality specified on behalf of the impeditive voter for whom the proxy is designated.

(6) No more than one proxy certificate may be issued for any one impeditive voter in respect of an election, except where the proxy dies or becomes unable to cast a vote because of illness or mental incompetence.

(7) A person may not be proxy for more than one impeditive voter at any one election.

(8) Applications, declarations, proxy certificates and other documents required under this section shall be in the required form.

Ballot papers

(2) The ballot papers shall contain the names and addresses of the candidates as set out in the nomination paper, alphabetically arranged in the order of their surnames or, where there are 2 or more candidates with the same surname, in the order of their other names.

(3) The ballot papers shall be in the required form.

Election materials

Directions for voters

Voter's lists

(2) The returning officer shall ensure that the voter's list is completed at least one month before the date of the election.

Publication of lists

Correction on list

Effect of list

(2) Notwithstanding subsection (1), a person whose name has been omitted from the list of voters and is qualified to vote may vote at an election or by-election held under this Part upon taking an oath or affirmation in the required form.

Use of list

(2) A list of voters prepared and revised for an election and used in that election or used in a deferred election shall constitute the list of voters for a by-election held before the next general election or for an election or by-election called by the minister before the next general election.

(3) A returning officer shall, on the request of a candidate and after the payment of the prescribed fee, supply to the candidate a copy of a list of voters prepared and revised for the election.

Opening and close of poll

(2) If at the hour of the closing of the poll there are voters in the polling station who have not been able to vote, the poll shall be kept open for a sufficient time to enable those voters actually present inside the outer door of the polling booth to vote, notwithstanding subsection (1).

Employees time to vote

(2) When the hours of employment of a person described in subsection (1) do not allow for 4 consecutive hours, his or her employer shall allow the person the additional time for voting that is necessary to provide the 4 consecutive hours.

(3) An employer shall not make a deduction from the pay of an employee or impose upon or exact from the employee a penalty by reason of absence from his or her work during the 4 consecutive hours that the employee is entitled to under this section for the purpose of casting his or her vote.

(4) Additional time for voting required under subsection (2) may be granted at the convenience of the employer.

Compartments

Who may be present

Maintaining order

(2) A returning officer or deputy returning officer may have present or summon to his or her aid a peace officer for the purpose of maintaining order or preserving the peace.

Ballot box exhibited

Oaths or affirmations

(2) Every other person authorized to attend at a polling booth, or at the counting of the votes shall, before commencing his or her duties, take the oath or affirmation in the required form.

(3) A justice of the peace, commissioner of oaths or the returning officer may administer the oaths or affirmations required by subsections (1) and (2).

(4) The returning officer, or deputy returning officer may administer an oath or affirmation required by this Act to be taken in the polling booth for which he or she was appointed.

Confirmation of name

(2) The returning officer or deputy returning officer shall ascertain that the name of the voter is entered upon the list of voters for the polling booth in which he or she is presiding, or if the name of the person is not upon the list, is entitled to take the oath or affirmation prescribed in the required form.

(3) The returning officer or deputy returning officer shall, in an election under the St. John's Municipal Elections Act, require the voter to give to him or her, his or her voting card, or a certificate under subsection 19(4) of that Act, or to complete the declaration in the required form.

(4) The returning officer or deputy returning officer shall enter in the poll book the name of the voter, but shall not enter in the poll book or elsewhere the name of or anything to indicate the name of a candidate for whom the voter votes.

Noting of objections

Noting of oath or affirmation

Refusal to take oath or affirmation

(2) A returning officer or deputy returning officer shall not take or receive a vote not permitted to be taken or received under subsection (1).

Delivery of ballot paper

(2) Where the voter has refused to take a required oath or affirmation or an objection is upheld under section 321 a ballot paper shall not be delivered to him or her.

(3) A person shall not vote unless he or she is ordinarily resident in the polling division on the day of election.

How proxy votes

Explanation of voting procedure

Initialling of ballot paper

Voting

(2) The voter shall immediately leave the polling booth after placing his or her vote in accordance with subsection (1).

(3) While a voter is in a compartment for the purpose of marking his or her ballot paper, no person shall enter the compartment or be in a position from which he or she can see how the voter marks his or her ballot.

Removal of ballot paper

Failure to deposit

(2) The poll clerk shall make an entry in the poll book in the column for remarks to the effect that the person received a ballot paper but took it out of the polling booth or returned the ballot paper, or declined to vote.

(3) Where a person has declined to vote, the poll clerk shall immediately write the word "declined" upon the ballot paper and shall preserve it and return it to the returning officer or the deputy returning officer.

Disabled voter

(2) The poll clerk shall make an entry opposite the name of the person in the poll book that the vote of the voter has been marked under this section and the reason why it has been marked.

(3) A person may not act as the friend of more than one disabled voter in an election.

(4) In addition to the methods by which a disabled voter may vote under subsection (1), the returning officer may provide a plate to be affixed over the ballot paper given to a disabled voter, which would enable the disabled voter to vote without assistance.

(5) Where the returning officer provides a plate under subsection (4) a disabled voter may, at his or her request, vote without assistance with the use of the plate.

(6) Where a disabled voter is provided with the plate, the deputy returning officer or returning officer shall instruct the disabled voter in its use and read out the names of the candidates in the order in which they appear so that the disabled voter is made fully aware of the method by which he or she may mark his or her ballot for the candidate of his or her choice.

(7) Where a polling station is not accessible to a disabled person, the returning officer or deputy returning officer in charge of the polling station shall,

(8) The procedure to be followed in taking the vote of a disabled person under subsection (7) shall, where circumstances permit, be the same as if the disabled person had entered the polling station to vote.

Voting in hospitals, etc.

(2) The procedure to be followed in taking the votes of patients referred to in subsection (1) shall be the same as that prescribed for an ordinary polling station.

Spoiled ballot

(2) The returning officer or deputy returning officer shall write the word "cancelled" upon the ballot paper returned to him or her and shall preserve it.

Counting of ballots

(2) Immediately after the certificate required by subsection (1) has been signed by him or her, the returning officer, or deputy returning officer, in the presence and in full view of the poll clerk and any candidates or their agents who may be present, shall open the ballot box and count the total number of ballots cast and the number of votes for each candidate, giving full opportunity to those present to examine each ballot paper.

Rejected ballots

(2) A ballot paper shall not be rejected under subsection (1) by reason only that it has been marked with a writing instrument other than a black lead pencil or it has a mark other than a cross, as long as the mark does not constitute identification of the voter.

(3) A ballot paper shall not be rejected in its entirety only because one or more of the votes on the ballot paper is rejected and in that case the votes not rejected shall be counted.

Ballots found not initialled

(2) Subsection (1) applies only when the returning officer or deputy returning officer is satisfied that

(3) Nothing in subsection (1) or (2) relieves the returning officer or the deputy returning officer from a penalty to which he or she might have been liable by reason of a failure to affix his or her initials on the back of a ballot before handing it to the voter.

Objections

(2) Each objection shall be numbered and a corresponding number shall be placed on the back of the ballot paper and initialled by the returning officer, or the deputy returning officer, and when the objection is upheld the word "rejected" shall be marked on the face of the ballot paper.

Accounts of ballots

(2) All the ballot papers shall be put into separate packets as follows:

(3) A packet shall be endorsed so as to indicate its contents and the polling division or ward to which it relates and shall be sealed by the returning officer, or the deputy returning officer.

Election report

(2) The statement shall be signed by the returning officer, or the deputy returning officer, and the poll clerk.

(3) One statement shall be attached to the poll book and the other, in the case of a deputy returning officer, shall be delivered by him or her to the returning officer.

Oath or affirmation of poll clerk

Disposition of documents

Delivery of ballot box

(2) Where a deputy returning officer is unable to deliver the ballot box because of illness or other immediate cause, he or she shall deliver it and the statement to the poll clerk and shall take a receipt for it, and the poll clerk shall immediately deliver the ballot box and the statement personally to the returning officer and shall take before him or her the oath or affirmation in the required form.

(3) Immediately after he or she has delivered the ballot box to the returning officer, the poll clerk or the deputy returning officer shall take the oath or affirmation in the required form.

(4) The returning officer shall remain in his or her office on the evening of polling day until all the ballot boxes have been returned to him or her.

Sealing ballot boxes

(2) When the time has elapsed under subsection (1), the ballot boxes shall be unsealed and the contents of the boxes shall be destroyed by the returning officer.

Declaration of result

(2) The returning officer may, after he or she has received statements from polling booths and before publicly declaring elected a candidate, indicate to the public the statement of the number of votes given at the polling booths.

Tie vote

Report

Prohibition

(2) A returning officer, deputy returning officer or poll clerk shall not wilfully miscount the ballots or otherwise make up a false statement of the poll.

Prohibition

(2) A person who does not comply with subsection (1) commits a corrupt practice.

Request for recount

(2) The returning officer shall notify candidates at the election of the request for a recount and of the time and place appointed to recount the votes.

(3) The returning officer may summon deputy returning officers and poll clerks at the election to attend at the recount at the time appointed and may command them to bring with them papers in their custody or possession relating to the election.

(4) The candidate who requests the recount shall pay the cost of the recount, in an amount that the returning officer may certify, where, as a result of the recount, there is no change in the outcome of the election.

Recount

(2) At the time and place appointed, the returning officer shall proceed to recount the votes in the ballot box and shall decide upon the validity of every ballot.

Provincial Court judge recount

Declaration of result

(2) In the event of a tie the casting vote shall be given by the returning officer in the same manner as provided in section 345.

Election expenses

Petitions

may be presented to the court by a candidate for the election or another person who had the right to vote at the election.

(2) The production of the list of electors containing the name of the petitioner as set out in the petition, or a copy, certified by the returning officer to be a true copy, of the list used at the election in the municipality to which the petition relates is conclusive evidence that the petitioner could lawfully present the petition.

(3) Where the petitioner was a candidate at the election, or if there is no list of electors or the petitioner's name does not appear on the list, an affidavit by the petitioner that he or she was a candidate or an elector at that election is conclusive evidence that the petitioner could lawfully present the petition.

Petition re no return

Returning officer respondent

Joining of respondents

Form of petition

(2) The petition shall be signed by the petitioner.

Limitation period

(2) Notwithstanding subsection (1), where the petition questions the return or election upon an allegation of corrupt practices, and specifically alleges a payment of money or other reward to have been made by a councillor or on his or her account or with his or her knowledge since the time of that return in pursuit of or to further those corrupt practices, the petition may be presented within one month after the date of that alleged payment.

Amendment of petition

Petition re no return

Counter petition

Presentation of petition

Security for costs

(2) The clerk of the court shall give a receipt for those deposits, which shall be evidence of the sufficiency of the deposit.

Service of petition

Preliminary objections

(2) The court shall hear the parties on those objections and grounds and shall decide the matter in a summary manner.

Answer

Time of trial

Notice of trial

Adjournment of trial

Judge's certificate

(2) The judge shall immediately certify in writing a determination made under subsection (1) to the minister, appending to it a copy of the notes of the evidence.

(3) The determination of the judge as certified under subsection (2) is final.

Report where corrupt practices

Invalidation of election

(2) In addition to the consequences of a finding of a corrupt practice under subsection (1) the candidate may not again be a candidate for election to a council held within 4 years of the finding of that corrupt practice.

Special case stated

(2) Upon making his or her decision the judge shall certify to the minister his or her decision on that special case.

Charge of corrupt practice

Ministerial action

Consolidation of petitions

Withdrawal of petition

(2) Where there is more than one petitioner, no application to withdraw a petition may be made except with the consent of all the petitioners.

(3) Where a petition is withdrawn, the petitioner is liable to pay the costs of the respondent unless the court otherwise orders.

Abatement of petition

(2) The cancellation of a petition does not affect the liability of the petitioner for the payment of costs previously incurred.

Substituted petitioners

(2) The court may, where it thinks appropriate, substitute as a petitioner an applicant who wishes to be substituted and on whose behalf security to the same amount is deposited as is required in the case of a new petition.

Taxation of costs

Legal proceeding questions

(2) A person shall not be excused from answering a question put to him or her in an action, suit or other proceeding before a judge, court or other tribunal touching or concerning the election or the conduct of a person or in relation to that action, suit or proceeding on the ground of privilege or on the ground that the answer to the question shall tend to incriminate him or her as an offender under this Part.

Procedure

Corrupt practices

(2) Where the judge upon the trial of an election petition finds

the candidate is not subject to the penalties and disabilities that he or she would but for this section incur.

Effect of mistakes

where it appears to the court by which the validity of the election or a proceeding in relation to it is to be determined that the election was conducted in accordance with the principles laid down in this Part, and it does not appear that the non-compliance, mistake, or irregularity affected the result of the election.

Corrupt practices

(2) Subsection (1) does not extend to money paid or agreed to be paid in good faith for or on account of legal expenses incurred at or concerning an election.

(3) A person commits a corrupt practice who

(4) A candidate and a person on a candidate's behalf who

commits a corrupt practice.

Local service district

(2) Where a local service district committee is disestablished, sections 262 to 268 apply, with the necessary changes.

Publication of order

Status of district

Committee

(2) The minister may determine the number of persons to be elected to a committee established under subsection (1).

Status of committee

(2) A waste disposal committee established under the Waste Material Disposal Act in a local service district is continued under that Act until the establishment under this Part of a local service district committee in that local service district.

Water supply

Sewage

Nuisance

Fire protection

Other fire department and liability

(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.

Garbage collection

and may determine the time, manner, extent, nature and recipients of that service.

Street lighting

Other services

Borrowing powers

Fee for service

(2) In addition to other remedies that the local service district committee has to enforce payment of a fee imposed under subsection (1), the local service district committee may disconnect the service provided by a water system where the fee is in arrears.

Representation

Expropriation

Council orders

(2) A person ordered to carry out an action or to stop an action under subsection (1) shall be served with that order and shall comply with that order at that person's own expense.

(3) An order made under this section continues in force until revoked by the council which made that order.

(4) A council may, in an order made under subsection (1), specify a time within which there shall be compliance with the order.

(5) Where a person to whom an order is directed does not comply with the order or a part of an order made under subsection (1), the council may take the action that it considers necessary to carry out the terms of the order and any costs, expenses or charges incurred by the council in carrying out the terms of the order are recoverable from the person against whom the order was made as a debt owed to the council.

(6) A council may delegate to an official or employee of the council the power to issue orders under this section.

Council order re: emergency

(2) Subsections 404(2) to (6) apply, with the necessary changes, to an order made by a council under subsection (1).

Service

(2) Where a person to whom a notice, order or other document is to be given or served as described in subsection (1) is a corporate body, it shall be considered to be sufficiently given or served where delivered personally to a director or chief executive officer of that corporate body.

(3) Where an order which can be made under this Act cannot be given or served under either subsection (1) or (2), that order is considered served if it is posted in a conspicuous place on the property to which the order relates.

Permits

(2) A council may, where a person makes an application under subsection (1), require that person to submit additional information that it considers necessary.

Appeal

(2) Where an appeal has been started under subsection (1), the council shall not begin to carry out an order made under section 404 until the appeal has been heard or otherwise disposed of.

(3) Notwithstanding subsection (2), a stop construction order remains in full effect and a person who violates that order contravenes this Act.

(4) Notwithstanding subsection (2), where a building poses an immediate threat to public health and safety, a council may take the action it considers necessary to eliminate that threat and the costs of that action may be collected from the owner of that building as a civil debt owed to that council.

Appeal

Appeal to Trial Division

(2) A copy of the notice of appeal shall be filed with the clerk by the appellant or by his or her solicitor.

(3) The notice of appeal shall set out in detail the allegations of the appellant and the grounds of the appeal and shall be signed by the appellant or his or her solicitor.

(4) The appellant shall, within 14 days after the service of the notice of appeal under this section, apply to the judge for the appointment of a day for the hearing of the appeal and shall, not less than 14 days before the hearing of the appeal, serve upon the Registry of the Supreme Court a written notice of the day appointed for the hearing.

(5) A clerk shall, not less than 4 days before the date of the hearing of the appeal, produce before the judge all papers and documents in the possession of the council relevant to the appeal.

(6) A judge shall hear the appeal and the evidence brought forward by the appellant and the council in a summary manner and may

(7) A judge may make an order as to costs, either for or against the appellant or the council, and may fix the amount of the costs.

(8) A person who has filed an appeal under this section is not entitled to sit as a councillor while the appeal is being heard.

Liability of councillors

(2) A municipality and a council are not liable for a nuisance.

Civil debt and injunctive relief

the council may sue for and collect costs, fees, charges or that levy in the name of the council as a civil debt due to the council.

(2) A council or its employees or agents may take an action by way of prosecution or other legal proceeding, including an application for an injunction or declaratory relief, which the council considers necessary to enforce section 194 or an order made with respect to that section.

Adoption of regulations

(2) A copy of all regulations adopted by a council and certified by the clerk shall be sent to the minister by the clerk within 14 days of their adoption by council.

Council regulations

414. (1) A council shall make regulations

(2) A council may make regulations

(3) In making regulations under paragraph (1)(d), a council shall adopt the National Building Code of Canada and supplements or amendments to that Code and may adopt standards which exceed the requirements of that Code and its supplements and amendments.

(4) The National Building Code and supplements and amendments to that Code adopted under subsection (3) shall be kept at the offices of the council and shall be available for inspection by members of the public.

(5) In making regulations under paragraphs (1)(e) and (f) a council may adopt the National Fire Code of Canada and supplements or amendments to that Code and may adopt standards which exceed the requirements of that Code and its supplements and amendments.

(6) Where a council has adopted the National Fire Code of Canada under subsection (5) the Code and supplements and amendments to the Code then in force shall be kept at the offices of the council and shall be available for inspection by members of the public.

(7) Notwithstanding subsections (4) and (6), the minister may, in writing, exempt a municipality from the application of a portion or portions of the National Fire Code and the National Building Code or supplements and amendments to them.

Ministerial regulations

Lieutenant-Governor in Council regulations

(2) Payments made under paragraphs (1)(a) and (b) shall be made out of funds of the council and shall not be considered to be salary or remuneration in respect of which the office of a councillor would be vacated under section 206.

Local service district regulations

Fees and forms

(2) In this Act, "required form" means the form prescribed under this Act or as established by the minister under subsection (1).

Offence

commits an offence.

(2) Each day upon which the same offence is committed or continued is a separate offence.

(3) A prosecution shall not be commenced with respect to an offence under the Act until after an appeal period which may apply to the activity giving rise to the offence has passed.

(4) A councillor who votes in favour of an expenditure, the incurring of an expenditure or an agreement contrary to section 248 and another person who contravenes or fails to comply with that subsection is guilty of an offence and, in addition to liability to prosecution under this Act, is personally liable jointly and individually with the other councillors or persons for the payment back to the council of money spent or payment of an expenditure incurred or financial commitment entered into contrary to that subsection.

Penalty

(2) Where a fine imposed under subsection (1) is not paid within the time allowed for payment, or immediately if no time is allowed, the council or local service district committee or a person acting on the council's or committee's behalf, may, by filing the conviction, enter as a judgement in the Trial Division the amount of the fine, together with an applicable late payment penalty, and the judgement is enforceable against the convicted defendant in the same manner as if it were a judgement rendered against the defendant in that court in a civil proceeding.

(3) A fine recovered under this Act shall be forwarded by the court imposing the fine to the council to which it relates.

(4) A penalty or imprisonment, and a conviction for an offence, does not operate as a bar to the recovery of another penalty, or to a prosecution or proceeding to which the person would otherwise be liable.

(5) Where a person has been convicted of an offence referred to in paragraph 419(1)(g) for failing to pay a tax, the court shall, when imposing sentence, also order that person to pay the amount of the tax and the court costs of the municipality.

(6) Sections 736 and 737 of the Criminal Code shall not be applied in disposing of a prosecution for an offence under paragraphs 419(1)(g) and (h) or imposing punishment for that offence.

Prosecutions

(2) For the purpose of this section a peace officer includes a municipal enforcement officer, a member of the Royal Newfoundland Constabulary, the Royal Canadian Mounted Police and a traffic officer under the Highway Traffic Act.

Repeal

422. The Municipalities Act is repealed.

Commencement

423. This Act shall come into force on January 1, 2000.