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RSNL1990 CHAPTER C-15

CITY OF CORNER BROOK ACT

Amended:

1991 c27; 1993 c20; 1993 c35; 1994 c23; 1995 cL-16.1 s30(3);
1995 cP-31.1 s53; 1996 c22; 1998 c6 s4; 1999 c38;
2001 cM-20.2; 2001 cN-3.1 s2; 2002 cW-4.01 s96; 2003 c5 s1;
2004 c47 s7; 2005 c9 s1; 2005 c26 s1; 2006 c7 s1; 2006 c36 ss1&2;
2006 c40 ss4&21; 2006 cA-18.1 s48; 2008 cF-11.01 s37; 2009 c31 s3; 2009 c39 s1; 2009 c40 s1; 2012 c10 s3; 2013 c16 s25; 2014 c5 ss1&2; 2014 cC-10.1 s56

CHAPTER C-15

AN ACT RESPECTING THE CONTINUATION OF THE INCORPORATION AND THE MUNICIPAL AFFAIRS OF THE CITY OF CORNER BROOK

Analysis


       
1.   Short title

       
2.   Definitions

              PART I
CITY CONTINUED

       
3.   City continued

       
4.   Publication of boundary

       
5.   Feasibility report

       
6.   Intent to order report

       
7.   Coat of Arms

       
8.   Use of Coat of Arms

       
9.   Seal

     
10.   Seal required

     
11.   Flag

              PART II
COUNCIL

     
12.   Council

     
13.   Mayor and councillors

   
13.1   Youth representative

     
14.   Wards

     
15.   Rep. by 2001 cM-20.2 s101

     
16.   Rep. by 2001 cM-20.2 s101

     
17.   Remuneration and expenses

     
18.   Regulations re remuneration

     
19.   Vacancy in council

     
20.   Vacancies

     
21.   Appeal to Trial Division

     
22.   Conflict of interest

     
23.   Interpretation

     
24.   Disclosure

     
25.   Decision of council

     
26.   Disclosure statement

     
27.   Presiding officer

     
28.   Deputy mayor

     
29.   Duties

     
30.   Authority of council

     
31.   Frequency of meetings

     
32.   Presiding officer

     
33.   Points of order

     
34.   Quorum

     
35.   Absence of quorum

     
36.   Voting

     
37.   Procedure

     
38.   Regulations

     
39.   Notice prior to regulations

     
40.   Publication

     
41.   Public meetings

     
42.   Committees

     
43.   State of emergency

     
44.   Permits

     
45.   Public tenders

     
46.   Inspection of documents

     
47.   Copies of documents

     
48.   Proof of documents

     
49.   Authentication of documents

     
50.   Rep. by 1995 cL-16.1 s30(3)

     
51.   Agent

     
52.   Joint ventures

     
53.   Plebiscites

     
54.   Private services

              PART III
STAFF

     
55.   Appointment of manager

     
56.   Appointment as clerk

     
57.   Acting manager

     
58.   Duties

     
59.   Overall power of council

     
60.   Attendance at meetings

     
61.   Right to speak

     
62.   Use of employees

     
63.   Report of disagreement

     
64.   Expenditures

     
65.   Emergency expenditures

     
66.   Recommendation of manager

     
67.   Delegation

     
68.   Appointment of clerk

     
69.   Appointment as manager

     
70.   Acting clerk

     
71.   Oaths

     
72.   Duties

     
73.   Attendance at meetings

     
74.   Departments

     
75.   Responsibility

     
76.   Salary

     
77.   City engineer

     
78.   Treasurer

     
79.   City planner

     
80.   Director of recreation

     
81.   Fire chief

     
82.   Tenure

     
83.   Dismissal

     
84.   Retirement

     
85.   Suspension

     
86.   Positions

     
87.   Employment, etc.

     
88.   Transfer after annexation

     
89.   Bonding

     
90.   Pension scheme

     
91.   Regulations

     
92.   Portability

     
93.   Group insurance

     
94.   Eligibility

     
95.   Contributions

     
96.   Training

              PART IV
FINANCE

     
97.   Financial year

     
98.   Bank account

     
99.   Mechanical signatures

   
100.   Interest on overdue accounts

   
101.   Annual budgets

   
102.   Balanced budget

   
103.   Contents of budget

   
104.   Revised budget

   
105.   Effect of budget

   
106.   Partnership budgeting

   
107.   Books of account

   
108.   Financial statement

   
109.   Appointment of auditor

   
110.   Appointment by minister

   
111.   Auditor's powers

   
112.   Auditor's report

   
113.   Time of completion

   
114.   Copy to minister

   
115.   Interim report

   
116.   Current account borrowing

   
117.   Long term borrowing

   
118.   Capital budget

   
119.   Unauthorized expenditure

   
120.   Certificate

   
121.   Currency

   
122.   Signature of debentures

   
123.   Powers of expenditure

   
124.   Rep. by 1999 c38 s6

   
125.   Guaranteed loans expenditure

              PART V
TAXES

   
126.   Imposition of taxes

   
127.   Tax rates fixed annually

   
128.   Municipal tax

   
129.   Instalment payments

   
130.   Effect of extensions

   
131.   Duration of tax

   
132.   Interest on arrears

   
133.   Discount allowed

   
134.   Publication of taxes

   
135.   Proof of valid tax

   
136.   Real property tax

   
137.   Rate of tax

   
138.   Minimum tax

   
139.   Occupier considered owner

   
140.   Tenant of tax exempt property

   
141.   Representative capacity

   
142.   Tax exempt property

   
143.   Supplementary assessment

   
144.   Rep. by 1999 c38 s10

   
145.   Business tax

   
146.   Rate where no fixed place of business

   
147.   Gross revenue

   
148.   Rate where property tax

   
149.   Variation of rate

   
150.   Minimum business tax

   
151.   Poll tax

   
152.   Exemption from poll tax

   
153.   Employer's duty

   
154.   Water and sewage tax

   
155.   Method of taxation shall be set

 
155.1   Regulation re: water and sewer tax

   
156.   Special users

   
157.   Disconnection of service

   
158.   Exemption and remission

   
159.   Collection as civil debt

   
160.   Lien

   
161.   Occupied residential property

   
162.   Tax certificate

 
162.1   Notice of arrears

 
162.2   Right of mortgagee

 
162.3   Direction to sell

 
162.4   Advertisement

 
162.5   Sale by auction

 
162.6   Further notice of sale

 
162.7   Sale set aside

 
162.8   Tax payment from proceeds

 
162.9   Failure to pay


162.10   Future assessments


162.11   Vesting of property

   
163.   Seizure of rentals

   
164.   Service of notice

   
165.   Payment of rent

   
166.   Right to distrain

   
167.   Penalty

   
168.   Assessments

   
169.   Method

   
170.   Agricultural land

   
171.   Non- discriminatory

   
172.   Payment

   
173.   Lien

   
174.   Service levy

   
175.   Restriction on levy

   
176.   Method

   
177.   Rep. by 1999 c38 s15

   
178.   Lien

   
179.   Collection as civil debt

              PART VI
SERVICES

   
180.   Water and sewage systems

 
180.1   Nuisance

   
181.   Acquisition of private system

   
182.   Right of entry to survey

   
183.   Right of entry to construct

   
184.   Right to construct

   
185.   Diversion of watercourses

   
186.   Compensation for injurious affection

   
187.   Regulations

   
188.   Ownership of roads

   
189.   Private roads

   
190.   Construction

   
191.   Closing

   
192.   Private construction

   
193.   Construction on roads

   
194.   Street reservations

   
195.   Expropriation

   
196.   Removal of projections

   
197.   Parking lots

   
198.   Street lighting

   
199.   Street and road names and numbering

   
200.   Removal of vehicles

   
201.   Regulation of vehicles

   
202.   Regulations

   
203.   Other regulations

   
204.   Recreational facilities

   
205.   Regulations

   
206.   Grants and loans

   
207.   Collection, etc. of waste

   
208.   Charges

   
209.   Removal of waste

   
210.   Regulations

   
211.   Municipal enforcement officers

   
212.   Powers

   
213.   Agreements re policing

   
214.   Agreement re jails

   
215.   Fire department

   
216.   Regulations

   
217.   Fire code

   
218.   Agreements

   
219.   Power of chief officer

   
220.   Pulling down buildings

   
221.   Right re traffic

   
222.   Power to enter building

 
222.1   Other fire department and liability

   
223.   Other fire department

   
224.   Offences

   
225.   Public transportation system

   
226.   Transportation Commission

   
227.   Franchise

   
228.   Waiting areas

   
229.   Taxis

   
230.   Public libraries

   
231.   Cemeteries

   
232.   Sale or lease

   
233.   Consent required

   
234.   Regulations

              PART VII
CONTROLS

   
235.   Building

   
236.   Building regulations

   
237.   Building Code

   
238.   Removal of building

   
239.   Order not obeyed

   
240.   Appeal

   
241.   Water and sewage

   
242.   Regulations

   
243.   Removal

   
244.   Consequential

   
245.   Storm drainage

   
246.   Regulations

   
247.   Removal

   
248.   Consequential

   
249.   Signs

   
250.   Regulations

   
251.   Removal

   
252.   Consequential

   
253.   Car parks

   
254.   Regulations

   
255.   Removal

   
256.   Consequential

   
257.   Sales from vehicles

   
258.   Removal

   
259.   Consequential

   
260.   Shop closing

   
261.   Pornographic materials

   
262.   Curfew

   
263.   Animals other than dogs

   
264.   Dog control

   
265.   Place of entertainment

   
266.   Regulations

   
267.   Stop order

   
268.   Consequential

   
269.   Definition

   
270.   Bicycles

   
271.   Recreational vehicles

   
272.   Heritage areas

   
273.   Building control

   
274.   Heritage advisory committee

   
275.   Removal

   
276.   Consequential

   
277.   Business improvement areas

 
277.1   Economic development

   
278.   Nuisances

   
279.   Stop order

   
280.   Consequential

 
280.1   Violation notice

 
280.2   Issuance of summons

 
280.3   Regulations

 
280.4   Employee designation

              PART VIII
EXPROPRIATION

   
281.   Expropriation

   
282.   Right of entry

   
283.   Method of expropriation

   
284.   Compensation

   
285.   Board of assessors

   
286.   More than 1 owner

   
287.   Oath or affirmation

   
288.   Award of board

   
289.   Powers of board

   
290.   Appeal

   
291.   Technical objection

   
292.   Time of award

   
293.   Compensation

   
294.   Leasehold interest

   
295.   Transfer of land

   
296.   Costs

   
297.   Fees

   
298.   Register

   
299.   Notice

   
300.   Registration of notice

   
301.   Duty to provide title

   
302.   Payment into court

   
303.   Payment out of court

   
304.   Sale of expropriated land

              PART IX
RECEIVERSHIP

   
305.   Receivership

   
306.   Effect of order

   
307.   Ministerial direction

   
308.   Duty of officers

   
309.   Powers of receiver

   
310.   Books of account

   
311.   Receiver's records

   
312.   Application of money

   
313.   Payment of receiver

              PART X
[Rep. by 2001 cM-20.2 s101]

   
314.   Rep. by 2001 cM-20.2 s101

   
315.   Rep. by 2001 cM-20.2 s101

   
316.   Rep. by 2001 cM-20.2 s101

   
317.   Rep. by 2001 cM-20.2 s101

   
318.   Rep. by 2001 cM-20.2 s101

   
319.   Rep. by 2001 cM-20.2 s101

   
320.   Rep. by 2001 cM-20.2 s101

   
321.   Rep. by 2001 cM-20.2 s101

   
322.   Rep. by 2001 cM-20.2 s101

   
323.   Rep. by 2001 cM-20.2 s101

   
324.   Rep. by 2001 cM-20.2 s101

   
325.   Rep. by 2001 cM-20.2 s101

   
326.   Rep. by 2001 cM-20.2 s101

   
327.   Rep. by 2001 cM-20.2 s101

   
328.   Rep. by 2001 cM-20.2 s101

   
329.   Rep. by 2001 cM-20.2 s101

   
330.   Rep. by 2001 cM-20.2 s101

   
331.   Rep. by 2001 cM-20.2 s101

   
332.   Rep. by 2001 cM-20.2 s101

   
333.   Rep. by 2001 cM-20.2 s101

   
334.   Rep. by 2001 cM-20.2 s101

   
335.   Rep. by 2001 cM-20.2 s101

   
336.   Rep. by 2001 cM-20.2 s101

   
337.   Rep. by 2001 cM-20.2 s101

   
338.   Rep. by 2001 cM-20.2 s101

   
339.   Rep. by 2001 cM-20.2 s101

   
340.   Rep. by 2001 cM-20.2 s101

   
341.   Rep. by 2001 cM-20.2 s101

   
342.   Rep. by 2001 cM-20.2 s101

   
343.   Rep. by 2001 cM-20.2 s101

   
344.   Rep. by 2001 cM-20.2 s101

   
345.   Rep. by 2001 cM-20.2 s101

   
346.   Rep. by 2001 cM-20.2 s101

   
347.   Rep. by 2001 cM-20.2 s101

   
348.   Rep. by 2001 cM-20.2 s101

   
349.   Rep. by 2001 cM-20.2 s101

   
350.   Rep. by 2001 cM-20.2 s101

   
351.   Rep. by 2001 cM-20.2 s101

   
352.   Rep. by 2001 cM-20.2 s101

   
353.   Rep. by 2001 cM-20.2 s101

   
354.   Rep. by 2001 cM-20.2 s101

   
355.   Rep. by 2001 cM-20.2 s101

   
356.   Rep. by 2001 cM-20.2 s101

   
357.   Rep. by 2001 cM-20.2 s101

 
357.1   Rep. by 2001 cM-20.2 s101

   
358.   Rep. by 2001 cM-20.2 s101

   
359.   Rep. by 2001 cM-20.2 s101

   
360.   Rep. by 2001 cM-20.2 s101

   
361.   Rep. by 2001 cM-20.2 s101

   
362.   Rep. by 2001 cM-20.2 s101

   
363.   Rep. by 2001 cM-20.2 s101

   
364.   Rep. by 2001 cM-20.2 s101

   
365.   Rep. by 2001 cM-20.2 s101

   
366.   Rep. by 2001 cM-20.2 s101

   
367.   Rep. by 2001 cM-20.2 s101

   
368.   Rep. by 2001 cM-20.2 s101

   
369.   Rep. by 2001 cM-20.2 s101

   
370.   Rep. by 2001 cM-20.2 s101

   
371.   Rep. by 2001 cM-20.2 s101

   
372.   Rep. by 2001 cM-20.2 s101

   
373.   Rep. by 2001 cM-20.2 s101

   
374.   Rep. by 2001 cM-20.2 s101

   
375.   Rep. by 2001 cM-20.2 s101

   
376.   Rep. by 2001 cM-20.2 s101

   
377.   Rep. by 2001 cM-20.2 s101

   
378.   Rep. by 2001 cM-20.2 s101

   
379.   Rep. by 2001 cM-20.2 s101

   
380.   Rep. by 2001 cM-20.2 s101

   
381.   Rep. by 2001 cM-20.2 s101

   
382.   Rep. by 2001 cM-20.2 s101

 
382.1   Rep. by 2001 cM-20.2 s101

   
383.   Rep. by 2001 cM-20.2 s101

   
384.   Rep. by 2001 cM-20.2 s101

   
385.   Rep. by 2001 cM-20.2 s101

   
386.   Rep. by 2001 cM-20.2 s101

   
387.   Rep. by 2001 cM-20.2 s101

   
388.   Rep. by 2001 cM-20.2 s101

   
389.   Rep. by 2001 cM-20.2 s101

   
390.   Rep. by 2001 cM-20.2 s101

   
391.   Rep. by 2001 cM-20.2 s101

   
392.   Rep. by 2001 cM-20.2 s101

   
393.   Rep. by 2001 cM-20.2 s101

   
394.   Rep. by 2001 cM-20.2 s101

   
395.   Rep. by 2001 cM-20.2 s101

   
396.   Rep. by 2001 cM-20.2 s101

   
397.   Rep. by 2001 cM-20.2 s101

   
398.   Rep. by 2001 cM-20.2 s101

   
399.   Rep. by 2001 cM-20.2 s101

   
400.   Rep. by 2001 cM-20.2 s101

   
401.   Rep. by 2001 cM-20.2 s101

   
402.   Rep. by 2001 cM-20.2 s101

   
403.   Rep. by 2001 cM-20.2 s101

   
404.   Rep. by 2001 cM-20.2 s101

   
405.   Rep. by 2001 cM-20.2 s101

   
406.   Rep. by 2001 cM-20.2 s101

   
407.   Rep. by 2001 cM-20.2 s101

   
408.   Rep. by 2001 cM-20.2 s101

   
409.   Rep. by 2001 cM-20.2 s101

   
410.   Rep. by 2001 cM-20.2 s101

   
411.   Rep. by 2001 cM-20.2 s101

   
412.   Rep. by 2001 cM-20.2 s101

   
413.   Rep. by 2001 cM-20.2 s101

   
414.   Rep. by 2001 cM-20.2 s101

   
415.   Rep. by 2001 cM-20.2 s101

   
416.   Rep. by 2001 cM-20.2 s101

   
417.   Rep. by 2001 cM-20.2 s101

   
418.   Rep. by 2001 cM-20.2 s101

   
419.   Rep. by 2001 cM-20.2 s101

   
420.   Rep. by 2001 cM-20.2 s101

   
421.   Rep. by 2001 cM-20.2 s101

   
422.   Rep. by 2001 cM-20.2 s101

   
423.   Rep. by 2001 cM-20.2 s101

   
424.   Rep. by 2001 cM-20.2 s101

   
425.   Rep. by 2001 cM-20.2 s101

   
426.   Rep. by 2001 cM-20.2 s101

   
427.   Rep. by 2001 cM-20.2 s101

   
428.   Rep. by 2001 cM-20.2 s101

   
429.   Rep. by 2001 cM-20.2 s101

   
430.   Rep. by 2001 cM-20.2 s101

   
431.   Rep. by 2001 cM-20.2 s101

   
432.   Rep. by 2001 cM-20.2 s101

   
433.   Rep. by 2001 cM-20.2 s101

   
434.   Rep. by 2001 cM-20.2 s101

   
435.   Rep. by 2001 cM-20.2 s101

   
436.   Rep. by 2001 cM-20.2 s101

   
437.   Rep. by 2001 cM-20.2 s101

              PART XI
OFFENCES

   
438.   General penalty

   
439.   Continuing offence

   
440.   Representation

   
441.   Prosecutions

   
442.   Disposition of fines


Schedule A


Schedule B


Schedule C


Short title

        1. This Act may be cited as the City of Corner Brook Act .

1985 c15 s1

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Definitions

        2. In this Act

             (a)  "building" includes those structures commonly known as mobile homes or trailers that are adopted for use as residences, shops, offices or the like;

         (a.1)  "business" includes

                      (i)  a commercial, merchandising or industrial activity or undertaking,

                     (ii)  a profession, trade, occupation, calling or employment,

                    (iii)  an activity which provides goods or services, and

                    (iv)  a credit union, co-operative, corporation, sole proprietorship or association of persons,

whether or not it is for profit;

             (b)  "city" means the City of Corner Brook continued under this Act;

             (c)  "council" means the Corner Brook City Council referred to in section 12;

             (d)  "councillor" includes the mayor and an appointed councillor;

             (e)  "election" means a general election, by-election or a special election held under the Municipal Elections Act ;

          (e.1)  "firefighter" means a full-time or part-time employee of the city fire department;

             (f)  "minister" means the minister appointed under the Executive Council Act to administer this Act;

             (g)  "municipality" means a municipality under the Municipalities Act; and

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

             (h)  "real property" means land or an interest arising from land and includes land under water and buildings, structures, improvements, machinery and fixtures erected or placed upon, in, over or under land or affixed to land.

1985 c15 s2; 1989 c30 Sch B; 1996 c22 s1; 1999 c38 s1; 2001 cM-20.2 s101; 2006 c40 s21

PART I
CITY CONTINUED

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City continued

        3. (1) The City of Corner Brook is continued under this Act and its boundaries shall be set out by order of the Lieutenant-Governor in Council.

             (2)  The boundaries of the city are considered to be the boundaries of the city in force immediately before September 12, 1985.

             (3)  Notwithstanding subsection (2), the Lieutenant-Governor in Council may, by order, on the recommendation of the minister and subject to a feasibility report prepared under section 5, establish and alter the boundaries of the city and amalgamate towns or communities with the city or annex areas to the city.

             (4)  All docks, quays, wharves, ships and structures touching the boundaries of the city 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 part of the city.

             (5)  The city continues to have the same property, assets, powers, rights, obligations and liabilities that it had immediately before September 12, 1985.

1985 c15 s3

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Publication of boundary

        4. (1) In addition to the requirements for publication in the Gazette under the Statutes and Subordinate Legislation Act, an order made under section 3 shall be published by the minister in a newspaper having general circulation in the city, and by public notice posted up in the city.

             (2)  An order made under section 3 shall have effect from the date of the publication in the Gazette or an earlier or later date that may be stated in the order and the date may be either before or after the date on which the order is made.

             (3)  An order made under section (3) may provide that for the purposes 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.

1985 c15 s4

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Feasibility report

        5. (1) The minister shall order the preparation of a feasibility report in the prescribed form before the making of a recommendation for an order of the Lieutenant-Governor in Council under section 3 and shall appoint a person to prepare a report.

             (2)  The person preparing the feasibility report has the powers of a commissioner under thePublic Inquiries Act.

             (3)  The person preparing the feasibility report shall hold public hearings in relation to the preparation of the report.

1985 c15 s5

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Intent to order report

        6. (1) Before the ordering of a feasibility report by the minister under section 5, the minister shall publish a notice of his or her intent to do so in a newspaper having general circulation in the city, and by public notice posted in the area.

             (2)  Where a notice of intent is to be published by the minister under subsection (1) that directly affects a municipality, the minister shall give a prior notification of his or her intent to publish it to the council of that municipality.

1985 c15 s6

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Coat of Arms

        7. (1) The Coat of Arms of the city is that Coat of Arms described as follows:

Per chevron Vert and Barry wavy of eight Azure and Argent in chief a Pale wavy Argent thereon a Pallet wavy Azure between two Newfoundland Fir Trees eradicated Or all within a Bordure quarterly of the last and Argent charge with eight Maple Leaves in their Autumn colours proper And for the Crest On a Wreath Argent and Vert a Mount Vert thereon a Northern Pitcher Plant flowered and leaved proper.

             (2)  A pictorial representation of the Coat of Arms printed in black and white is as found in Schedule A.

1985 c15 s7

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Use of Coat of Arms

        8. Except with express permission granted by resolution of the council, no person other than the council, shall assume or use the Coat of Arms or an imitation or resemblance of it.

1985 c15 s8

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Seal

        9. The council shall have a corporate seal that may be changed by the council.

1985 c15 s9

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Seal required

      10. (1) The corporate seal of the council is to be affixed to an agreement, contract, deed or document to which the council is a party and which, in order to bind a corporation, is required to be authenticated by a seal.

             (2)  An agreement, contract, deed or document under the corporate seal is to be signed by

             (a)  the mayor, or in the absence of the mayor, the deputy mayor or in the deputy mayor's absence, by a member of council designated for the purpose; and

             (b)  the city manager or the city clerk or in their absence, the person appointed under section 57 to act for the city manager.

1985 c15 s10

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Flag

      11. (1) The city shall have an official flag consisting of a reproduction of the Coat of Arms emblazed in colours on a white background with a blue vertical bar on each side, and the proportions of the flag and the position of the Coat of Arms on the flag being those approved by the council.

             (2)  The official flag of the city may be flown at official places and on official occasions of the city, and at those other places and occasions that the council may approve.

1985 c15 s11

PART II
COUNCIL

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Council

      12. (1) The control and management of the city are vested in a council continued as a corporation by the name of the Corner Brook City Council.

             (2)  The council continues to have the same property, assets, powers, rights, obligations and liabilities that it had immediately before September 12, 1985.

1985 c15 s12

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Mayor and councillors

      13. (1) The council shall consist of a mayor and not fewer than 6 councillors as may be prescribed by the minister and the mayor and councillors shall be elected in accordance with the Municipal Elections Act.

             (2)  The mayor shall be elected at large by a separate election.

1985 c15 s13; 2001 cM-20.2 s101

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Youth representative

   13.1 (1) The council may appoint one or more persons with the title "youth representative" to sit with the council and participate in its deliberations for a term and on conditions that the council may decide.

             (2)  A person appointed as a youth representative shall be less than 18 years of age at the time of appointment.

             (3)  A person appointed as a youth representative is not a member of council and shall not be counted for the purpose of determining a quorum or deciding a vote of the council.

2014 c5 s1

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Wards

      14. (1) The council may by a 2/3 vote of the councillors in office at the time of the vote, divide the city into 2 or more wards, define the boundaries of those wards and fix the number of councillors to be elected for each ward.

             (2)  Where the council fixes a number of councillors to be elected for each ward, the council may also fix a number of councillors to be elected at large.

1985 c15 s14; 2004 c47 s7

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Rep. by 2001 cM-20.2 s101

      15. [Rep. by 2001 cM-20.2 s101]

2001 cM-20.2 s101

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Rep. by 2001 cM-20.2 s101

      16. [Rep. by 2001 cM-20.2 s101]

2001 cM-20.2 s101

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Remuneration and expenses

      17. The council

             (a)  may pay to the mayor, deputy mayor and other councillors the annual or other remuneration that may be agreed upon by the council as determined by a 2/3 vote of the total number of councillors and in accordance with the regulations; and

             (b)  may by a vote of the majority of the councillors and in accordance with the regulations reimburse the mayor, deputy mayor and other councillors for reasonable expenses incurred by them in the conduct of city business.

1985 c15 s17

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Regulations re remuneration

      18. (1) The council shall make regulations

             (a)  setting out a scale of remuneration for the mayor, deputy mayor and councillors; and

             (b)  setting out rules as to the amount of reimbursement for expenses, that may be paid out under paragraph 17(b).

             (2)  Payments made under section 17 are to be made out of the funds of the council and are not to be considered as salary or remuneration in respect of which the office of a councillor shall be declared vacant by resolution of the council.

1985 c15 s18

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Vacancy in council

      19. (1) Where a vacancy occurs in the office of mayor, the deputy mayor shall assume the office of mayor for the remainder of the mayor's term and has the powers and shall exercise the duties of the mayor.

             (2)  [Rep. by 2001 cM-20.2 s101]

             (3)  [Rep. by 2001 cM-20.2 s101]

             (4)  [Rep. by 2001 cM-20.2 s101]

             (5)  [Rep. by 2001 cM-20.2 s101]

             (6)  [Rep. by 2001 cM-20.2 s101]

1985 c15 s19; 2001 cM-20.2 s101

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Vacancies

      20. (1) The office of a councillor becomes vacant

             (a)  where the councillor resigns in writing, from the date specified in his or her resignation, or where no date is specified, from the date of filing the resignation with the city clerk or, where the councillor resigns at a meeting of the council, from the time he or she so resigns;

             (b)  where the council is dismissed under the Department of Municipal and Provincial Affairs Act or where the councillor is dismissed as a member of the council; or

             (c)  where the council declares the office vacant under subsection (2).

             (2)  The council shall, by resolution, declare vacant the office of an elected councillor where he or she

             (a)  fails to disclose a conflict of interest in a matter being discussed by the council;

             (b)  stops being ordinarily resident in the city;

             (c)  has been absent from the city for more than 1 year;

             (d)  becomes indebted to the council for arrears of taxes for a prior year;

             (e)  without leave of the council

                      (i)  neglects to be sworn into office within 2 months after his or her election, or

                     (ii)  does not attend meetings of the council for 3 successive months; or

             (f)  accepts, without the prior approval of the minister, an office or employment under the council to which a salary or remuneration, not including an honorarium, payable out of the funds of the city is attached.

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

             (4)  A councillor who sits or acts as a councillor after that office becomes vacant is guilty of an offence and is liable on summary conviction to a fine of not more than $20 for each time the councillor so sits or acts.

1985 c15 s20

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Appeal to Trial Division

      21. (1) A councillor who is aggrieved by a resolution made under subsection 20(2) may appeal to a judge of the Trial Division by filing a notice of appeal with the court within 21 days of the date on which the resolution was made and upon paying into the court the sum, or upon giving a bond for the sum, that the judge considers sufficient to defray the costs of the appeal.

             (2)  A copy of the notice of appeal shall be filed with the city clerk by the appellant or the appellant's 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 the appellant's 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.

             (5)  The city clerk shall produce before the judge all papers and documents in the possession of the council relevant to the appeal.

             (6)  The judge shall hear the appeal and the evidence brought forward by the appellant and the council in a summary manner and shall decide the matter of the appeal by

             (a)  upholding, amending or revoking the resolution after consideration of the applicability to the appeal of any of the matters set out in subsection 20(2); or

             (b)  making another decision that the judge considers to be appropriate in the circumstances.

             (7)  The 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.

1985 c15 s21; 1986 c42 Sch B; 2013 c16 s25

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Conflict of interest

      22. A councillor shall not vote on or speak to a matter before the council or a committee of the council where the councillor

             (a)  has an interest in the matter distinct from an interest arising from his or her functions as a councillor;

             (b)  has a monetary interest directly or indirectly in that matter; or

             (c)  is an officer, employee or agent of an incorporated or unincorporated company, or other association of persons, that has a monetary interest in that matter.

1985 c15 s22

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Interpretation

      23. In order for an interest to be considered as one falling within the prohibition set out in section 22 it must be an interest separate and distinct from an interest held in common with the other citizens of the city or a class of citizens.

1985 c15 s23

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Disclosure

      24. (1) Where a councillor has an interest as set out in section 22, the councillor shall so state and shall state the nature of that interest at the beginning of discussion on the matter in which the councillor has an interest.

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

             (3)  Where the councillor declaring a conflict of interest under subsection (1) does so at a privileged meeting, the councillor shall leave that meeting while the matter 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 22, and the councillors may vote on the matter.

1985 c15 s24; 1999 c38 s2

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Decision of council

      25. (1) Where a councillor is in doubt as to whether there is a conflict of interest under section 22, 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 who makes a disclosure under subsection (1) shall not be considered a councillor for purposes of determining the majority vote.

1985 c15 s25

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Disclosure statement

      26. (1) The council may provide that its councillors and those of its employees that it may designate complete a disclosure statement in a form prescribed by the council setting out, in the manner that the council prescribes, the interest of a councillor and employee that may place that person in a conflict of interest.

             (2)  The council may provide that disclosure statements filed under subsection (1) by the councillors be made available for public access.

1985 c15 s26

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Presiding officer

      27. The mayor is the presiding officer of the council and is the official head of the city for ceremonial purposes.

1985 c15 s27

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Deputy mayor

      28. (1) At the 1st meeting after the election, and annually after that or where the position becomes vacant, the mayor and councillors shall elect 1 of the councillors to be deputy mayor.

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

1985 c15 s28

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Duties

      29. The mayor

             (a)  shall be vigilant and active in causing the laws of the government of the city to be executed and obeyed and in making reasonable efforts to advance and promote the aims and objects of the council; and

             (b)  shall exercise the powers and perform the duties that may be conferred or imposed upon the mayor by the council, this Act or the regulations.

1985 c15 s29

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Authority of council

      30. The mayor is subject to the direction and control of the council and shall abide by decisions of the council.

1985 c15 s30

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Frequency of meetings

      31. (1) The council shall meet at least once a month for the dispatch of general business at the call of the clerk, which call shall be made upon the request of the mayor, or upon the written request by 3 councillors, and shall meet at other times in the same manner.

             (2)  A notice of at least 24 hours shall be given to councillors for regular and special meetings.

             (3)  The council may allow a councillor to participate in a meeting by electronic means where the electronic means enables the councillor to listen to the proceedings and to be heard.

             (4)  A councillor participating in a meeting by electronic means is considered to be in attendance at the meeting.

             (5)  Subsections (3) and (4) also apply to meetings held under section 41.

1985 c15 s31; 2014 c5 s2

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Presiding officer

      32. (1) The mayor, and in the absence of the mayor, the deputy mayor, shall preside at meetings of the council.

             (2)  Where both the mayor and deputy mayor 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 mayor at the meeting.

             (3)  The mayor or person presiding at a meeting of council may, where wishing to take part in debate, be replaced as the presiding officer by the deputy mayor or temporary chairperson for the time during which the mayor or person presiding is speaking.

1985 c15 s32

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Points of order

      33. (1) The decision of the presiding officer on a point of order is subject to an appeal to the council that is to be decided without debate.

             (2)  The procedure for appealing a decision on a point of order is as follows:

             (a)  the councillor wishing to appeal the ruling shall state: "I appeal the ruling of the presiding officer.";

             (b)  the presiding officer shall then immediately put the question, without debate, as follows: "It is moved that the presiding officer's ruling be upheld.";

             (c)  the motion is carried or defeated by majority vote in the same manner as other disputed motions are decided.

1985 c15 s33

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Quorum

      34. (1) A majority of the number of councillors that may be elected for the city constitute a quorum for the purposes of a meeting of the council.

             (2)  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.

             (3)  A councillor appointed under subsection (2) holds office until the expiration of the term of office of the councillors who held office on the councillor's appointment.

2001 cM-20.2 s101

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Absence of quorum

      35. Where the number of councillors holding office is less than a quorum, the clerk shall within 24 hours notify the minister of that fact and the minister may authorize the councillors remaining in office to perform all or those of the functions of the council that the minister may prescribe.

1985 c15 s35

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Voting

      36. (1) Unless otherwise provided, a disputed question before the council is to be decided by a majority vote of the councillors in attendance at the meeting, inclusive of the presiding officer.

             (2)  Notwithstanding subsection (1), where a councillor abstains from voting on a disputed question a decision is not to be taken on that question unless the number of councillors in favour of the question is equivalent to or more than a majority of the councillors in attendance at the meeting, inclusive of the presiding officer.

             (3)  Where there is a tie vote on a question, the question shall be raised at the next meeting of the councillors and if the vote on the question at that meeting is a tie vote, the motion shall be considered to be lost.

1985 c15 s36

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Procedure

      37. The council shall adopt rules of procedure for its meetings.

1985 c15 s37

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Regulations

      38. (1) Regulations made by the council under this Act shall be adopted by resolution of the council.

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

1985 c15 s38

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Notice prior to regulations

      39. A regulation or an amendment or repeal of the regulation, shall not be considered by the council without written notice having been given at a previous meeting.

1985 c15 s39

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Publication

      40. (1) Where a regulation is passed by the council under this Act, there shall be published in a newspaper having general circulation in the city either a copy of the regulation or a notice setting out concisely the object and the date of passing of the regulation and a statement that a person who wishes to view the regulation may do so at the office of the city clerk of the Corner Brook City Council at City Hall.

             (2)  A person who wishes to obtain a copy of the regulation may obtain it at that office upon the payment of a reasonable charge, as established by the council.

             (3)  Upon publication of the notice referred to in subsection (1) in a newspaper, the regulation shall come into force on the date of publication or on an earlier or later date that may be noted in the regulation.

1985 c15 s40

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Public meetings

      41. (1) A meeting of the council is open to the public, unless it is held as a privileged meeting or declared by vote of the councillors present at the meeting to be a privileged meeting.

             (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)  Where a decision is made by the councillors at a privileged meeting, the decision, in order to be valid, shall be ratified at a public meeting of the council.

1985 c15 s41

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Committees

      42. The council may establish those standing or special committees that it considers desirable to consider matters referred to them by the council and the committees may make recommendations on those matters to the council.

1985 c15 s42

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State of emergency

      43. (1) Where, in the opinion of the council or a person or group authorized by the council, an emergency exists because of a real or anticipated occurrence or disaster which endangers or is likely to endanger the health or safety of some or all of the population of the city, the council or the mayor where previously authorized by the council, may declare a state of emergency in the city or a part of it.

             (2)  Where a state of emergency is declared under subsection (1) the council or the mayor where previously authorized by the council, may order

             (a)  the closing of or the hours of operation of businesses and schools in the city;

             (b)  the banning or controlling of public gatherings;

             (c)  the evacuation of buildings;

             (d)  the restriction or prohibition of the use of vehicles or a class of vehicles on the streets of the city;

             (e)  the restriction or prohibition of the use of water in the city; and

             (f)  other action that the council considers necessary.

1985 c15 s43

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Permits

      44. The council may, by regulation, require the obtaining of permits or licences in respect of anything that may be done or may be permitted to be done under this Act or regulations and may

             (a)  fix the fees payable for the permits and licences;

             (b)  provide for conditions to be attached to the permits and licences;

             (c)  provide for the issuing of temporary permits and licences; and

             (d)  provide for the length and the revocation of a permit and licence.

1985 c15 s44

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Public tenders

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

1986 c33 s2

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Inspection of documents

      46. (1) The following documents shall be made available by the council for public inspection during the normal business hours of the council:

             (a)  adopted minutes of the council;

             (b)  assessment rolls;

             (c)  regulations;

             (d)  municipal plans;

             (e)  opened public tenders;

             (f)  financial statements;

             (g)  auditor's reports;

             (h)  adopted budgets;

              (i)  contracts;

              (j)  orders;

             (k)  permits;

              (l)  councillor disclosure statements filed under section 26; and

           (m)  all other documents tabled or adopted by council at a public meeting.

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

             (a)  shall not remove the document from the place where it is located or interfere with an employee of the council in the performance of his or her duties; and

             (b)  may make extracts from the documents, and may, where the council has copying equipment, have a copy made of the documents upon payment of a fee equal to the actual cost of providing that copy.

1999 c38 s3

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Copies of documents

      47. Where an action has started in a court and the city clerk is satisfied or the court has ordered that an extract from a document in the possession of or under the control of the city clerk is required in evidence in the action, the city clerk shall, upon payment of a charge that may be prescribed by the council, provide to the person requiring the extract a certified copy of the extract with the seal of the council attached to it.

1985 c15 s50

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Proof of documents

      48. An extract provided under section 47 purporting to be certified by the city clerk and having the seal of the council attached to it shall be received in evidence as a true extract without proof of the appointment or signature of the city clerk or the seal of the council.

1985 c15 s51

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Authentication of documents

      49. All deeds and documents to which the council is a party and to which a seal is necessary are to be authenticated by the seal of the council.

1985 c15 s52

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Rep. by 1995 cL-16.1 s30(3)

      50. [Rep. by 1995 cL-16.1 s30(3)]

1995 cL-16.1 s30(3)

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Agent

      51. The council may act as the agent of the Government of Canada or the province, or another municipality, for the management of property in the city owned or leased by that government or municipality, by agreement with that government or municipality.

1985 c15 s54

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Joint ventures

      52. The council may enter into an agreement with the government of the province, another municipality or other body for the joint construction, ownership, maintenance and operation of a facility or service that the council is permitted to construct, own, maintain and operate under this Act.

1985 c15 s55

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Plebiscites

      53. (1) The council may, by a vote of 2/3 of the councillors in office, hold a plebiscite in the city for the purpose of determining the views of the voters in the city and may

             (a)  set the date for the holding of the plebiscite; and

             (b)  define the question to be voted on in the plebiscite.

             (2)  A plebiscite shall, with the necessary changes, be held in accordance with the Municipal Elections Act .

1985 c15 s56; 2001 cM-20.2 s101

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Private services

      54. The council may contract to do work, supply goods or provide a service not authorized for the council under this Act where it has equipment, staff or goods surplus to its needs and charges normal commercial rates, so long as the service is not otherwise ordinarily provided by a person in accordance with the Public Utilities Act.

1985 c15 s57

PART III
STAFF

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Appointment of manager

      55. The council may by a vote of 2/3 of the councillors in office, appoint a city manager, who is to be paid a salary to be fixed by the council.

1985 c15 s58

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Appointment as clerk

      56. The city manager may be appointed city clerk or acting city clerk in addition to other duties under this Act.

1985 c15 s59

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Acting manager

      57. (1) Where the office of city manager is vacant, or the city manager is unable to carry out his or her duties, the council may by resolution appoint a person to act as city manager and fix the salary.

             (2)  The acting city manager has and may exercise the powers and shall carry out the duties of the city manager.

             (3)  Notwithstanding subsection (1), where the city manager is temporarily absent or unable to carry out his or her duties, the city manager may, subject to change by the council, designate a person to act as acting city manager.

1985 c15 s60

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Duties

      58. (1) The city manager is the chief executive and administrative officer of the council and head of its administrative branch and is responsible to it for the proper planning, execution, conduct and the proper administration of the affairs of the council in accordance with the policies determined by the council.

             (2)  [Rep. by 2006 c36 s1]

1985 c15 s61; 2006 c36 s1

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Overall power of council

      59. (1) The city manager shall not disobey, disregard or overrule a decision of the council.

             (2)  Where it is provided that the city manager may or shall make a recommendation, the council shall receive and consider the recommendation, but it is not bound to follow it nor is a recommendation of the city manager a condition precedent to action by a council.

1985 c15 s62

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Attendance at meetings

      60. The city manager shall attend, or be represented by his or her designate, at all meetings of the council but the city manager has no vote.

1985 c15 s63

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Right to speak

      61. The city manager may take part in the discussion of all matters coming before a meeting of the council or its committees.

1985 c15 s64

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Use of employees

      62. The city manager may use the services of the heads of departments and of all other employees of the council for the purpose of carrying out his or her duties.

1985 c15 s65

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Report of disagreement

      63. The city manager shall, where so requested in writing by a department head giving his or her reasons, report to the next meeting of the council that the department head is not in agreement with a plan, proposal or appointment of the city manager.

1985 c15 s66

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Expenditures

      64. The city manager may make or authorize the making of expenditures for the purchase of equipment, supplies, work or other thing required for the carrying on of the business of council, and the city manager may enter into contracts for those purchases on behalf of the council

             (a)  where the expenditure does not exceed in any one case, the amount to be prescribed by council, without reference to the council; and

             (b)  where the expenditure exceeds in any 1 case the prescribed amount under paragraph (a), with the prior approval by resolution of the council.

1985 c15 s67

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Emergency expenditures

      65. Notwithstanding section 64, where, in the opinion of the city manager, the immediate expenditure of an amount in excess of the prescribed amount under paragraph 64(a) is necessary to meet an emergency situation, the city manager may make the expenditure without the prior approval of the council and shall report on it to the council at its next meeting.

1985 c15 s68

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Recommendation of manager

      66. (1) Where an expenditure in excess of the prescribed amount under paragraph 64(a) in any one case is proposed, the council shall not make the expenditure until it has requested the recommendations of the city manager with respect to it.

             (2)  Where the city manager's recommendations are received, or where the city manager does not make the recommendations within a reasonable time, the council may make the expenditure in the manner and subject to the conditions that it considers appropriate.

             (3)  The council is not bound to adopt recommendations made to it by the city manager under subsection (1).

1985 c15 s69

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Delegation

      67. (1) The city manager may delegate some or all of his or her powers and duties to those officers of the council that the city manager considers appropriate, except those powers and duties that the council specifically exempts from delegation.

             (2)  Notwithstanding subsection (1), in the case of an emergency, the city manager may delegate his or her powers without reservation.

1985 c15 s70

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Appointment of clerk

      68. The council shall, by a vote of 2/3 of the councillors, appoint a city clerk, who is to be paid a salary to be fixed by the council.

1985 c15 s71

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Appointment as manager

      69. The city clerk may be appointed city manager or acting city manager in addition to the city clerk's other duties under this Act.

1985 c15 s72

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Acting clerk

      70. (1) Where the office of city clerk is vacant, or the city clerk is unable to carry out his or her duties, the council shall appoint a person to act as city clerk and fix that person's salary.

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

1985 c15 s73

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Oaths

      71. The city clerk may administer oaths and take and receive affidavits for the purposes of this Act.

1985 c15 s74

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Duties

      72. (1) The city clerk is the secretary to the council and is responsible to it for recording the proceedings and decisions of the council and for the safekeeping of all documents of the council.

             (2)  [Rep. by 2006 c36 s1]

1985 c15 s75; 2006 c36 s1

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Attendance at meetings

      73. The city clerk shall attend, or be represented by his or her designate, at all meetings of the council and at the discretion of council may attend meetings of its committees, but the city clerk has no vote at a meeting.

1985 c15 s76

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Departments

      74. (1) The council may establish departments and appoint the following department heads:

             (a)  city engineer;

             (b)  treasurer;

             (c)  city planner;

             (d)  city recreation director;

             (e)  fire chief; and

             (f)  heads for those other departments that may be established by the council.

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

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

1985 c15 s77

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Responsibility

      75. (1) The department heads are responsible to the city manager.

             (2)  The city clerk shall be considered to be a department head.

1985 c15 s78

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Salary

      76. A department head is to be paid a salary fixed by the council.

1985 c15 s79

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City engineer

      77. (1) The city engineer is responsible for the design, construction, operation and maintenance of town works and equipment.

             (2)  [Rep. by 2006 c36 s1]

1985 c15 s80; 2006 c36 s1

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Treasurer

      78. (1) The treasurer is responsible for the financial management of the city.

             (2)  [Rep. by 2006 c36 s1]

1985 c15 s81; 2006 c36 s1

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City planner

      79. (1) The city 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 city and for the preparation of plans for the orderly development of the city.

             (2)  [Rep. by 2006 c36 s1]

1985 c15 s82; 2006 c36 s1

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Director of recreation

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

             (2)  [Rep. by 2006 c36 s1]

1985 c15 s83; 2006 c36 s1

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Fire chief

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

             (2)  [2006 c36 s1]

1985 c15 s84; 1996 c22 s3; 2006 c36 s1

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Tenure

      82. The city manager and department heads hold office during the pleasure of the council.

1985 c15 s85

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Dismissal

      83. (1) The city manager or department head may be dismissed by a vote of 2/3 of the councillors in office at a meeting called in accordance with subsection (2), where the vote to dismiss is confirmed by a similar vote at a meeting of the councillors held not earlier than 1 month after the meeting at which the 1st vote to dismiss was carried.

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

             (a)  a written notice of the meeting signed by the councillors intending to make the motion and second it is deposited with the city clerk; and

             (b)  a copy of the notice addressed to the person who is the subject of the motion is served on that person personally or by leaving it at his or her latest known address at least 1 week before the date of the meeting of the council at which the motion to dismiss is to be made.

1985 c15 s86

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Retirement

      84. The city manager or department heads may be retired in accordance with a pension scheme established under this Act where that person becomes qualified for a pension, allowance or gratuity under that pension scheme.

1985 c15 s87

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Suspension

      85. (1) Where the council is of the opinion that the city manager or a department head has grossly misconducted himself or herself in the performance of that person's duties or in the exercise of his or her powers under this Act, the council may, by a vote of 2/3 of the councillors in office, suspend the city manager or a department head from office for a period not in excess of 1 month.

             (2)  Where the dismissal procedure is taken under section 83, the period of suspension shall continue until that procedure is completed, and where the dismissal procedure is started, it shall be concluded within 2 months of the date of the beginning of the suspension.

             (3)  The suspended person is not entitled to be paid a regular salary during the initial 1 month period of suspension unless the suspension is later found to be unwarranted by the council.

1985 c15 s88

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Positions

      86. (1) The council may establish positions for the administration of the city and determine the salary for each position.

             (2)  The 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 the positions.

             (3)  The council shall seek the recommendations of the city manager before exercising their powers under subsections (1) and (2).

1985 c15 s89

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Employment, etc.

      87. (1) The city manager may, on behalf of the council and after consultation with the head of the department concerned, employ, discipline, suspend or dismiss an employee of the council, other than a department head.

             (2)  The authority that may be exercised by the city 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), the council shall, upon the written recommendation of the city manager establish written procedures governing the exercise of the powers set out in subsection (1).

             (4)  The council itself may employ, discipline, suspend or dismiss an employee of the council, subject to subsections (2) and (3), after consulting with the city manager.

1985 c15 s90

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Transfer after annexation

      88. Where the council decides the positions of permanent employees of the council are redundant as a result of an order annexing a municipality or a part of a municipality with the city, the minister may by order determine what positions are redundant and make those directions as to transfers that may be necessary, including directions specifying an earlier or later date from which the order shall be made effective.

1985 c15 s91

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Bonding

      89. (1) An employee of the council whose duties include the collecting, receiving or depositing of money shall be bonded in the amount specified by the council.

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

             (3)  The auditor shall, during the course of each audit, inspect the bonds entered into under this section and report on their sufficiency to the council.

             (4)  At a meeting to be held not later than February 15 in each year, the council shall examine the bonds entered into under this section.

1985 c15 s92

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Pension scheme

      90. (1) The council may provide a pension scheme for full-time employees, regular part-time employees, or a class of employees and for those employees who have worked as employees for a stated period and discontinued their employment or have suffered permanent disability before reaching retirement age.

             (2)  The council shall determine

             (a)  whether the pensions, allowances and gratuities are to be paid

                      (i)  by contract with the Crown in right of Canada under the Government Annuities Act (Canada ),

                     (ii)  by contract with an insurer authorized to carry on business in the province,

                    (iii)  by contract with the Crown in right of the province, or

                    (iv)  by those methods that the minister may approve; and

             (b)  the classes of employees who are to be eligible to receive a payment under the pension scheme and the amount of the payment.

             (3)  The council

             (a)  shall deduct or provide for the deduction by instalments from the salary, wages, or other remuneration of each employee who is eligible to receive a payment under the pension scheme, of the amount that the employee is to contribute under the pension scheme; and

             (b)  shall provide for payment of contributions to be made by the council under the pension scheme.

1985 c15 s93

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Regulations

      91. (1) The council may make those regulations that in its opinion are necessary or desirable to provide for the pension scheme and for a matter connected with the pension scheme for which no express provision has been made under section 90 or in respect of which only partial or imperfect provision has been made.

             (2)  Regulations made under subsection (1) have effect from an earlier or later date that may be prescribed in the regulations.

1985 c15 s94

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Portability

      92. (1) A person, who before becoming an employee of the council, was in the employment of the Government of Canada, the government of a province, a municipality in Canada, the City of St. John's or of a corporation or institution having a pension plan may be credited, as pensionable service with the council, with the whole or part of the pensionable service credited to that person by that employment.

             (2)  The council may make an agreement with a body described in subsection (1) 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 city.

1985 c15 s95

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Group insurance

      93. (1) The council may arrange to provide a group insurance scheme for employees or a class of employees, and for volunteer members of its fire department and for that purpose may enter into those arrangements that the council may determine with insurance or other companies or with the Crown.

             (2)  A group insurance scheme entered into under subsection (1) is to 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.

1985 c15 s96

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Eligibility

      94. The council may determine the persons or class of persons who are eligible to receive benefits under a group insurance scheme entered into under section 93.

1985 c15 s97

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Contributions

      95. The council shall provide for the payment of contributions to be made by the council under a group insurance scheme and shall deduct or provide for deductions by instalments from the salary, wages or other remuneration of an employee who is eligible to receive a benefit under the scheme.

1985 c15 s98

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Training

      96. The council may carry out staff training on its own or in co-operation with other councils, municipalities or bodies engaged in staff training programs and may arrange to help its employees financially and otherwise in taking those training programs.

1985 c15 s99

PART IV
FINANCE

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Financial year

      97. The financial year of the council is from January 1 to December 31.

1985 c15 s100

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Bank account

      98. (1) The council shall open a bank account in a bank approved by the council and shall deposit to its credit all money received by it.

             (2)  All cheques or orders withdrawing money from the bank account of the council shall be signed by a person designated for that purpose by the council, and countersigned by the city manager or the city clerk or treasurer.

1985 c15 s101

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Mechanical signatures

      99. The city manager, the city clerk and the treasurer may impress their signatures by machinery on cheques and cheques that have been so impressed are good and valid to all intents as if the cheques had been signed in the proper handwriting of the city manager, the city clerk or the treasurer.

1985 c15 s102

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Interest on overdue accounts

   100. The council may charge a rate of interest on payments due to the council so long as the rate of interest is not in excess of that provided in section 132.

1985 c15 s103

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Annual budgets

   101. (1) The council shall, not later than December 1 in each year, prepare and adopt a budget containing estimates of the revenue and expenditure of the council for the next financial year and a statement showing the rate of tax that will be imposed during that year.

             (2)  The budget shall be in the form that the minister may prescribe and a copy shall be sent to the minister on or before December 31 in each year and a copy of the budget shall be published in a daily newspaper having general circulation in the city.

1985 c15 s104

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Balanced budget

   102. The anticipated revenues and proposed expenditures of the council must balance.

1985 c15 s105

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Contents of budget

   103. (1) The budget shall include only local revenue and federal and provincial revenue for which written authorization has been received.

             (2)  No expenditures shall be provided in a budget for capital reserves except where the council has considered it necessary to set aside in the financial statements a reserve from the accumulated surplus, investments of funds for specific purposes of a capital nature.

             (3)  The unappropriated accumulated surplus, or accumulated deficit, appearing in the audited financial statements as 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.

             (4)  Where the amounts of unappropriated accumulated surplus or accumulated deficit, referred to in subsection (3) are in the opinion of the council substantial, they may be credited or debited in future budgets over a period of years that may be determined by the council.

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

             (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 subsection (6) may be invested by the council.

1985 c15 s106; 1999 c38 s4

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Revised budget

   104. (1) Where during a financial year it appears that the actual revenue and expenditure is likely to be substantially greater or less than estimated, the council shall prepare and adopt a revised budget in the prescribed form.

             (2)  A copy of the revised budget shall be sent to the minister within 2 weeks of its adoption.

             (3)  A revised budget shall not take effect until 1 month from the date of its adoption by the council.

1985 c15 s107

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Effect of budget

   105. (1) The council shall not, without authorization by a 2/3 vote of the councillors in office at the time of the vote incur, enter into, contract, or become liable for, an expenditure or indebtedness beyond or in excess of the estimated amount of expenditure set out in the adopted budget or revised budget.

             (2)  Where under subsection (1) the council has acted to substantially increase the estimated amount of expenditure set out in the adopted budget, council shall within 30 days prepare and adopt a revised budget in the prescribed form.

1985 c15 s108

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Partnership budgeting

   106. (1) Where the city has incurred major deficits in a financial year of such an extent that the minister considers it advisable to do so, the minister may, by order, require the council to submit its budget or revised budget for the minister's approval and the minister may approve or disapprove a budget or revised budget so submitted.

             (2)  Where a minister has made an order under subsection (1), the minister may also assign an officer of his or her department to help the council in the preparation of its budget or revised budget.

1985 c15 s109

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Books of account

   107. The council shall ensure that complete books of account are kept of the financial dealings of the council.

1985 c15 s110

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Financial statement

   108. (1) The council shall prepare and adopt within 5 months of the end of each financial year a financial statement showing a full and detailed balance sheet and a statement of the revenue and expenditure of the council.

             (2)  The mayor and the treasurer shall sign the financial statement and shall attach a report that an auditor has made with respect to the financial statement.

             (3)  The council shall publish the financial statement, together with an auditor's report on it in a newspaper having general circulation in the city within 30 days of its adoption where there is no auditor's report, or within 30 days of the receipt of the auditor's report where there is a report.

1985 c15 s111

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Appointment of auditor

   109. (1) The council shall appoint an auditor not later than July 30 in the year preceding the year in which the audit is required to be reported under section 113 to audit the accounts of the council and report on the financial statement prepared by the council.

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

             (a)  the Association of Chartered Professional Accountants; or

             (b)  the auditor general and the auditor general's staff

who is licensed as a public accountant under the Chartered Professional Accountants and Public Accountants 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 the appointment or revocation.

1985 c15 s112; 1998 c6 s4; 2014 cC-10.1 s56

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Appointment by minister

   110. Where the council does not appoint an auditor within the time set out in section 109 or the auditor is not a qualified person under that section, the minister shall appoint an auditor to audit the accounts of the council and report on the financial statement prepared by the council.

1985 c15 s113

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Auditor's powers

   111. An auditor may call for, and the council shall supply, all books and vouchers of the council that the auditor considers necessary to enable him or her to properly audit its accounts.

1985 c15 s114

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Auditor's report

   112. The auditor shall examine and report on the annual financial statement of the council and its books of account and in the report shall particularly direct his or her attention to

             (a)  an expenditure in excess of the budget of the council;

             (b)  the position with regard to arrears of revenue;

             (c)  the manner in which the accounts have been kept;

             (d)  the adequacy of the safeguards against fraud;

             (e)  the sufficiency of bonds entered into under section 89; and

             (f)  other matters connected with the accounts that the auditor may consider of sufficient interest or importance to mention.

1985 c15 s115

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Time of completion

   113. The auditor shall complete and submit the report on his or her audit within 5 months of the end of the financial year that he or she is auditing.

1985 c15 s116

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Copy to minister

   114. The council shall send a copy of the audit to the minister within 30 days of its receipt.

1985 c15 s117

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Interim report

   115. 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 the report to the council and the minister within 30 days of its completion.

1985 c15 s118

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Current account borrowing

   116. (1) The council may borrow sums of money for current account purposes.

             (2)  The indebtedness of the 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.

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

             (4)  Notwithstanding subsections (2) and (3), the council may, with the prior written approval of the minister,

             (a)  borrow money for current account purposes in an amount which is greater than 20% of its estimated tax yield, grants-in-lieu and other assured revenue; and

             (b)  finance the repayment of money borrowed under this subsection and in accordance with subsection (2) beyond the year in which it is borrowed.

1999 c38 s5

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Long term borrowing

   117. Subject to the approval of the minister, the council may borrow money for capital purposes and issue securities for the repayment of money borrowed.

1985 c15 s120

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Capital budget

   118. The council shall annually on or before the end of each year submit to the Municipal Capital Projects Board established under the Municipal Grants Act a 5 year forecast of its anticipated capital expenditure requirements.

1985 c15 s121

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Unauthorized expenditure

   119. (1) Where, without the prior approval of the minister, the council uses money borrowed under section 117 for a purpose other than the purpose for which the minister approved the raising of the loan, the councillors who voted for the use of the money are personally and jointly and individually liable for the restoration of that money to the council, and the council may recover the money as a civil debt due to it.

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

1985 c15 s122

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Certificate

   120. (1) A debenture issued by the council shall have on it the following 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 City of Corner Brook Act .

Dated at St. John's , Newfoundland and Labrador this _______ day of _______, 19__.

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 conclusive that

             (a)  the council had full power and authority in law and in fact to make and issue the debenture;

             (b)  the debenture has been lawfully and validly made and issued;

             (c)  that the debenture is valid and binding on the council according to its terms; and

             (d)  its validity is not open to question in a court in the province.

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

1985 c15 s123; 2001 cN-3.1 s2

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Currency

   121. Where the council borrows money under section 117, the amount of the loan to be raised shall be stated in Canadian dollars.

1985 c15 s124

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Signature of debentures

   122. The mayor, the city clerk or city manager may impress their signatures by machinery on debentures issued by the council, and debentures that have been so impressed are good and valid to all intents as if they had been signed in the proper handwriting of the mayor, city clerk or city manager.

1985 c15 s125

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Powers of expenditure

   123. The council may pay, out of the funds at its disposal, salaries or remuneration to the councillors, officers, auditors and employees of the council, and all the other expenditures incurred in the execution of the powers and duties vested by this Act or other law in the council, subject to there being a provision for that expenditure in the adopted budget or revised budget.

1985 c15 s126

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Rep. by 1999 c38 s6

   124. [Rep. by 1999 c38 s6]

1999 c38 s6

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Guaranteed loans expenditure

   125. Where the council has raised money by a loan advanced or guaranteed by the Crown or under bonds or debentures issued by the council with their repayment guaranteed by the Crown, the money shall not, except with the consent of the Lieutenant-Governor in Council, be attached, held or otherwise taken under powers of law to satisfy an obligation of the council arising out of a contract entered into without the prior approval of the minister.

1985 c15 s128

PART V
TAXES

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Imposition of taxes

   126. All taxes that may be imposed or varied by the council shall be imposed or varied by a resolution of council.

1985 c15 s129

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Tax rates fixed annually

   127. (1) The council may, in the resolution imposing or varying the tax, set out the date when that tax is due.

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

             (3)  Where a tax is imposed or varied after 3 months of the beginning of the financial year, it shall not take effect until the beginning of the next succeeding financial year unless a later date is set out under subsection (1).

1985 c15 s130

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Municipal tax

   128. (1) Notwithstanding this or another Act, the council may bill a person for and collect from the person

             (a)  the real property tax;

             (b)  water rates and assessments and sewage rates and assessments, including a fire protection assessment referred to in The Water and Sewerage Corporation of Greater Corner Brook Act, 1951; and

             (c)  the water and sewage tax referred to in section 154,

or those taxes, rates and assessments that are applicable to that person, as 1 consolidated amount, which may be known and referred to as, and sued for in a court as, the "municipal tax".

             (2)  The council shall, by resolution, provide for the apportionment of the money received by it for the municipal tax to those of the taxes, rates and assessments that are applicable in the amounts and in the manner that the council determines and sets out in the resolution, and the apportionment shall be effective except that, when paying an instalment of the municipal tax, the person paying it may, in writing, direct how the amount is to be applied or apportioned, and the direction shall prevail over a provision for apportionment made by the council under this section.

1985 c15 s131

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Instalment payments

   129. The council may provide for the payment of a tax imposed under this Act at monthly or bi-monthly intervals and may charge a rate of interest on the payments not in excess of that provided for under section 132.

1985 c15 s132

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Effect of extensions

   130. Notwithstanding section 127, where the time for the completion of the assessment roll is extended, or the time for the closing of the assessment review commission is extended and as a result the council is unable to impose or vary a tax based on assessed value within 3 months of the beginning of the financial year, the real property tax is considered to become due from the beginning of that financial year, unless the council sets a later date under section 127.

1985 c15 s133

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Duration of tax

   131. Taxes imposed or varied by the council remain in effect and are due according to the nature of the tax and its method of payment, until the resolution of council imposing it has been cancelled.

1985 c15 s134

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Interest on arrears

   132. The council may charge simple or compound interest on taxes that are not paid on or before the date on which they become due, if, before making that charge the council passes a resolution establishing whether the interest shall be simple or compound, the rate of interest to be charged and when that interest shall be applied.

1999 c38 s7; 2009 c40 s1

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Discount allowed

   133. The council may allow a discount in respect of taxes imposed under this Act at a rate not exceeding 10% of the tax where the tax is paid within 30 days after it first becomes due, or within a later time that the council may pass by resolution.

1985 c15 s136

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Publication of taxes

   134. (1) The council shall publish a copy of a resolution of the council, where a tax is imposed or varied, in a newspaper circulated in the city.

             (2)  Subsection (1) does not apply to a resolution of the council that settles an individual tax.

1985 c15 s137

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Proof of valid tax

   135. In an action under this Act in which it is necessary to show that a tax was imposed or varied, a copy of the minute of the council signed by the clerk is, in the absence of evidence to the contrary, proof that the tax was properly imposed or varied.

1985 c15 s138

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Real property tax

   136. (1) The council shall impose an annual tax, to be known as "the real property tax" on the owners of real property within the city.

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

             (2)  Where there are 2 or more owners of real property within the city, the city clerk may designate 1 of those owners to be the owner for the purposes of the imposition and collection of the real property tax.

1985 c15 s139; 1994 c23 s1

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Rate of tax

   137. The rate of the real property tax shall be

             (a)  [Rep. by 1994 c23 s2]

             (b)  fixed as a percentage of the real property as set down in the latest prepared assessment roll of the city prepared under the Assessment Act, 2006; and

             (c)  one that is estimated to be sufficient, together with the anticipated revenues from other sources, to cover all the anticipated expenditures of the council to be made from current funds during the current financial year of the council.

1985 c15 s140; 1994 c23 s2; 2006 cA-18.1 s48

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Minimum tax

   138. The council may, by resolution, establish different minimum annual real property taxes in the city for residential and for commercial property.

1999 c38 s8

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Occupier considered owner

   139. Where real property is occupied and the owner is not known, the occupier is considered to be the owner for the purposes of the imposition and collection of the real property tax.

1985 c15 s142

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Tenant of tax exempt property

   140. The tenant of a real property not subject to the real property tax shall pay a tax equivalent to the tax that would have been payable by the owner if the property were subject to the real property tax, where that tenant pays rent or other valuable consideration for the real property.

1985 c15 s143

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Representative capacity

   141. (1) Where real property is under the control of a person in a representative capacity as executor, administrator, trustee, guardian or agent, that person is liable for the payment of the real property tax only in that person's representative capacity.

             (2)  Where the owner of real property is an infant, the person whose name has been entered on the assessment roll of the city prepared under the Assessment Act, 2006 as the parent, guardian or other legal representative of the owner is liable for the payment of the real property tax, if the owner defaults in the payment.

1985 c15 s144; 2006 cA-18.1 s48

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Tax exempt property

   142. The following real property is exempt from the real property tax:

             (a)  real property belonging to Canada or a province of Canada ;

             (b)  real property belonging to a municipality, or its agents;

             (c)  real property exempted by an Act of the Legislature;

             (d)  churches and other places of worship together with the land

                      (i)  on which they are situated, and

                     (ii)  that in relation to the places of worship, is in active use;

             (e)  church halls used more than 50% of the time for religious or congregational purposes together with the land

                      (i)  on which they are situated, and

                     (ii)  that in relation to the church halls, is in active use;

             (f)  the rectory or other principal residence of a priest, minister or rabbi in charge of a church or other place of worship where that residence is owned by the church or other place of worship, together with the land

                      (i)  on which it is situated, and

                     (ii)  that in relation to the place of residence is in active use;

             (g)  cemeteries operated by churches or non-profit organizations;

             (h)  hospitals as defined in the Hospitals Act, and the land on which they are situated, including student residences, but not including other residences and apartments;

              (i)  public schools and colleges as defined in the Schools Act and the land on which they are situated, including student residences and playing fields and other recreational facilities owned by a school board or group of school boards but not including other residences and apartments;

              (j)  universities and colleges, and the land on which they are situated, including student residences and playing fields and other recreational facilities owned by them, but not including other residences and apartments;

             (k)  productive farm land and woodland as designated by the minister responsible for that land and buildings on and used in connection with farm or wood production from that farm; and

              (l)  other real property that has been exempted by the council under section 158.

1985 c15 s145; 1999 c38 s9

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Supplementary assessment

   143. (1) The owner of real property that has been made subject to a supplementary assessment under the Assessment Act, 2006 is liable for the payment of real property tax on the basis of the supplementary assessment for the remaining portion of the calendar year from the earlier of the date of substantial completion or the date of occupation of the real property.

             (2)  Where real property has been made subject to an original or supplementary assessment, under the Assessment Act, 2006 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, 2006 shall be paid by the owner or refunded by the council, according to the decision on the appeal.

1999 c38 s10; 2006 cA-18.1 s48

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Rep. by 1999 c38 s10

          144.  [Rep. by 1999 c38 s10]

1999 c38 s10

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Business tax

   145. The council shall impose an annual tax, to be known as "the business tax", on all individuals, partnerships, associations and corporations carrying on business in the city.

1985 c15 s148

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Rate where no fixed place of business

   146. Where the real property tax is not applicable to a business because it has no fixed place of business, the council shall set the business tax as a percentage of the gross revenue of business done by that business.

1985 c15 s149

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Gross revenue

   147. (1) A business subject to the business tax as calculated under section 146 shall submit a statement made under oath or affirmation as to its gross revenue in the preceding year by February 1 of the following year.

             (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 subject to the business tax as calculated under section 146 has not been carrying on business in the preceding year, the council may estimate the gross revenue of 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 an additional tax owing to the next year's business tax.

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

1985 c15 s150

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Rate where property tax

   148. Where the council has imposed the real property tax, it shall set the business tax as a percentage of the assessed value of the real property used by the business, where there is a fixed place of business, and the business tax becomes due from the same date as the real property tax becomes due.

1985 c15 s151

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Variation of rate

   149. The council may vary the rate of business tax between different classes of businesses.

1985 c15 s152

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Minimum business tax

   150. (1) The council may impose a minimum business tax on all businesses operating in the city.

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

             (3)  Notwithstanding sections 146 and 147, the council may impose a minimum business tax under subsection (1) as a fixed amount.

1999 c38 s11

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Poll tax

   151. (1) The council may impose an annual tax, to be known as "the poll tax", of not less than $50 on all persons 18 years or older who ordinarily live in the city at the beginning of the financial year or during the financial year or are employed in the city for a period of not less than 3 months in total during the financial year of the council.

             (2)  The council may vary the amount of the poll tax in respect of non-residents of the city who fall within subsection (1).

             (3)  A person who is not resident in the city for the full current financial year is entitled to a rebate of the poll tax that person has paid for the full year, the rebate to be in proportion to the duration of time that person is not resident.

             (4)  For the purposes of this section and section 152 the rules for determining persons who are ordinarily resident under section 340 for election purposes under this Act apply.

             (5)  Notwithstanding section 152, the poll tax is due by a person when the person becomes liable under subsection (1).

1985 c15 s154

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Exemption from poll tax

   152. (1) A person employed in the city who

             (a)  is liable to pay a real property tax in the city equal to or in excess of the poll tax in the same financial year; or

             (b)  is liable to pay a poll tax or real property tax in the municipality where the person ordinarily lives

is exempt from the poll tax imposed by the city.

             (2)  Where a person who has a spouse pays real property tax both the person and his or her spouse are exempt from the poll tax imposed by the city.

             (3)  A person whose income from all sources is less than the basic personal exemption provided for under the Income Tax Act (Canada) is exempt from the poll tax, upon application to the council.

             (4)  For the purposes of subsection (3), income in the form of a pension under the Old Age Security Act (Canada ) and those pensions and allowances that may be prescribed by the Lieutenant-Governor in Council shall not be considered to be income.

1985 c15 s155; 2009 c31 s3

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Employer's duty

   153. (1) An employer in the city shall, on demand of the council, deliver to the council within 2 weeks of the demand the names of its employees and the dates on which their employment began.

             (2)  Where a person resident in the city is asked by the council the name of his or her employer, that person shall immediately give the information to the council.

             (3)  An employer not referred to in subsection (1) shall, on demand of the council in relation to an individual the council shall name, deliver to the 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 the city for not less than 3 months in a financial year of the council, or where a person is ordinarily resident in the city and the council so demands, the person's employer, whether in or outside the city, shall deduct the poll tax for the current year from that person's wages and shall forward the tax so collected immediately to the council, unless the employee who is exempt from payment of the poll tax obtains a certificate from the clerk to that effect.

             (5)  The Crown or an agency of the Crown that employs a person subject to the payment of a poll tax shall deduct the poll tax for the current year from that person's wages and shall forward the tax so collected to the council within the time limit specified by the council, unless the employee who is exempt from payment of the poll tax obtains a certificate from the city clerk to that effect.

1985 c15 s156

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Water and sewage tax

   154. (1) The council shall impose a tax to be known as "the water and sewage tax" upon the owner of real property located inside or outside the city connected to the water system, sewage system or water and sewage system of the city.

             (2)  Where real property that is capable of being serviced by a water system, sewage system, or water and sewage system is not serviced, the owner of the property,

             (a)  in the case where there is a building on the property, shall pay the water and sewage tax; and

             (b)  in the case where there is no building on the property shall, on the request of the council pay the water and sewage tax.

1985 c15 s157

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Method of taxation shall be set

   155. (1) Where the real property tax is imposed in the city the water and sewage tax shall be set

             (a)  in the case of private buildings,

                      (i)  at a flat rate in addition to the mill rate that may be determined by council, or

                     (ii)  at a mill rate that may be determined by council, or

                    (iii)  at a flat rate or metered rate,

and the type of rate may differ in respect of different classes of private buildings in the town;

             (b)  in the case of public buildings normally in full-time use that have an assessed value equal to or greater than $1,000,000, at a prescribed rate that the minister may approve;

             (c)  in the case of public buildings normally in full-time use that have an assessed value of less than $1,000,000, at a prescribed rate related to the occupancy of the building and the type of public building that the minister may approve; and

             (d)  in the case of public buildings that are not normally used full time, at a prescribed rate related to the occupancy of the building and the type of public building that the minister may approve.

             (2)  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.

             (3)  Where the council estimates the quantity of water used in a building under subsection (2) 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.

             (4)  Notwithstanding that a person appeals an estimate under subsection (3), that 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.

1985 c15 s158

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Regulation re: water and sewer tax

155.1 Notwithstanding sections 154 and 155, the minister may make regulations to establish a water and sewage tax rate applicable to and a maximum allowable amount of water and sewage tax payable by the owner of real property located inside or outside the city that is connected to the water system or sewage system of the city or to both where that real property is the location of a

             (a)  school operated under the Schools Act, 1997 ;

             (b)  scheduled hospital as defined in the Hospitals Act ; and

             (c)  building owned by the Crown,

and a tax rate imposed in accordance with this section shall be considered to have been imposed, with the necessary changes, under sections 154 and 155.

2005 c9 s1

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Special users

   156. In addition to the tax paid under section 154, the council may impose an additional rate of tax on users, other than residential users of a water system, sewage system or a water and sewage system, based on the quantity and quality of water used and effluent discharged.

1985 c15 s159

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Disconnection of service

   157. (1) Where a tax, fee, levy, assessment, fine or other charge imposed by the council is in arrears, in addition to other remedies that the council has to enforce payment, the council may disconnect the service of a water system, sewage system or water and sewage system provided to the person who owes the tax, fee, levy, assessment, fine or charge to the council.

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

1985 c15 s160; 2006 c7 s1

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Exemption and remission

   158. (1) A person may apply to the 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 that exemption, remission or deferment.

             (2)  The 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.

1999 c38 s12

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Collection as civil debt

   159. All taxes imposed under this Part, together with interest owing on those taxes, may, in addition to all other methods of collection provided in this Part, be sued for and collected by action in the name of the council as a civil debt due to the council.

1988 c54 s6

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Lien

   160. (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 .

1999 c38 s13

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Occupied residential property

   161. Notwithstanding section 160, 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.

1999 c38 s13

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Tax certificate

   162. The city clerk shall, on payment of a fee set by the council, give a tax certificate to the owner or mortgagee of real property or his or her solicitor certifying the tax position of the property and other charges imposed by the council on the real property and that tax certificate is binding upon the council as to all taxes and other charges then imposed with respect to the real property.

1999 c38 s13

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Notice of arrears

162.1 (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 city clerk which shall contain

             (a)  a general description of the real property affected;

             (b)  the amount of arrears of taxes owing in respect of the real property, the year in which the arrears of taxes were imposed and the person in whose name the real property was then assessed; and

             (c)  a statement that the real property is liable to be sold under this Act for the arrears, with interest and the expenses of and incidental to the arrears, unless they are paid within 60 days from the date of the notice.

             (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 city 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.

1999 c38 s13

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Right of mortgagee

162.2 (1) A mortgagee, judgment creditor or other person having a lien, charge or encumbrance upon or against real property liable to be sold for taxes, or in respect of which taxes are due, may, after the lien for taxes has attached and before sale, pay to the city clerk the amount of the taxes, together with all interest and expenses incurred in respect of the real property affected.

             (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 city 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.

1999 c38 s13

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Direction to sell

162.3 After the time limit indicated in the notice required to be given under section 162.1, the council on the application of the city clerk shall, by resolution, direct that the real property be sold.

1999 c38 s13

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Advertisement

162.4 (1) The city clerk shall immediately upon receipt of a copy of the resolution referred to in section 162.3 proceed to advertise the real property referred to in the resolution for sale by public auction at a time and place that shall be stated in the 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 city by one insertion each week, and it shall be sufficient in the notice to put the street and number of the 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 city clerk.

1999 c38 s13

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Sale by auction

162.5 (1) At the time and place mentioned in the notice of sale the city clerk shall, unless the arrears of taxes and interest and the expenses incidental to those proceedings and sale are then, or have been previously, paid to him or her, proceed to sell at public auction the real property or portions of the real property that in his or her judgment are sufficient to pay those taxes, interest and expenses.

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

1999 c38 s13

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Further notice of sale

162.6 (1) Where at the time appointed for the sale of real property no bidder appears, or where the city clerk fails at the sale to sell that real property for the full amount of the arrears of taxes, interest and expenses due, he or she shall adjourn the sale until a day to be publicly named by him or her, not earlier than one week and not later than 2 weeks after the time originally appointed for the sale.

             (2)  The city 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 city, 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.

1999 c38 s13

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Sale set aside

162.7 Where real property is sold for taxes and the sale is set aside for an error, irregularity or other cause, the lien on the real property shall not as a result be discharged but shall continue for the same time as if the date of the setting aside were the date on which the sale took place and the property may again be sold unless the taxes, interest and expenses against it are paid.

1999 c38 s13

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Tax payment from proceeds

162.8 (1) The city clerk shall, out of the money received on the sale of real property, deduct the amount of taxes, interest and expenses owing to the city, at the time of the sale.

             (2)  Where there is a balance of the purchase price remaining after making the deductions under subsection (1), the city 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 city.

1999 c38 s13

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Failure to pay

162.9 Where the purchaser of real property at a sale under this Act fails to immediately, after the sale being knocked down to him or her,

             (a)  pay the city clerk or his or her agent the amount of the purchase money; or

             (b)  deposit with the city clerk an amount equal to the amount of the taxes, interest and expenses of sale for which the real property has been sold,

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

1999 c38 s13

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Future assessments

162.10 (1) Where real property has been sold under this Act for arrears of taxes, it shall be assessed to the purchaser, his or her executors, administrators or assigns.

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

             (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 city signed by the mayor and the city clerk or the person appointed by council and sealed by the city.

1999 c38 s13

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Vesting of property

162.11 The conveyance referred to in section 162.10 shall be conclusive evidence that the provisions of this Act with reference to the sale of the real property described in that conveyance have been fully complied with, and everything necessary for the legal perfection of that sale has been performed, and shall have the effect of vesting the real property in the purchaser, his or her executors, administrators or assigns absolutely free from encumbrances of the city.

1999 c38 s13

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Seizure of rentals

   163. In addition to all other powers of enforcing payment of taxes that the council possesses, it may seize so much of the rentals payable by tenants of real property that is subject to the real property tax, business tax or water and sewage tax as may be needed to discharge the liability of the owners of that real property for the tax due by the owners to the council whether or not the taxes are in respect of the real property occupied by the tenants.

1985 c15 s166

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Service of notice

   164. (1) The city clerk shall serve, on a tenant referred to in section 163, a written notice signed by the city clerk requiring the tenant to pay his or her rent to the council instead of to the tenant's landlord.

             (2)  The city clerk shall deliver or mail to the landlord a duplicate copy of the notice served under subsection (1), on or before the date of service of the notice on the tenant.

1985 c15 s167

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Payment of rent

   165. (1) The tenant shall, from the date on which the tenant receives the notice under section 164, until the city clerk cancels the written notice, 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 city clerk is to the extent of the payment a good discharge to the tenant as against a claim by the landlord for rent.

             (2)  The city clerk shall deliver or mail to the landlord a duplicate copy of a receipt given to a tenant under subsection (1).

             (3)  The city clerk shall credit, against the indebtedness of the landlord to the council, payments made by tenants under subsection (1), 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.

1985 c15 s168

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Right to distrain

   166. The council may, but is not obliged to, distrain on a tenant's chattels for rent in arrears, and where the council refuses to distrain the landlord may do so, upon giving security to the satisfaction of the council for payment to it of the proceeds of the distress or so much as is required to discharge the liability of the landlord to the council for the taxes referred to in section 163.

1985 c15 s169

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Penalty

   167. (1) A person who fails

             (a)  to pay a tax that he or she is liable to pay in accordance with this Part; or

             (b)  to collect and pay to the council a tax that he or she is directed to collect and pay over by this Part

is guilty of an offence and liable on summary conviction to a fine of not less than $25 and each day's continuance of that failure constitutes a separate offence.

             (2)  Sections 736 and 737 of the Criminal Code shall not be applied in disposing of a prosecution for an offence under this section or imposing punishment for the offence.

             (3)  Where a person has been convicted under paragraph (1)(a) for failing to pay a tax, the court shall, when imposing sentence, also order that person to pay the amount of the tax.

1985 c15 s170

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Assessments

   168. Where real property is directly benefited by a public work of the council, including,

             (a)  the construction of water and sewer lines, or either of them, or storm systems and the service connections; or

             (b)  the construction of curbs, gutters, sidewalks, or streets or the upgrading or paving of streets

the council may assess the cost, or a portion of the cost, together with financing charges, to be known as "the local improvement assessment", upon that real property.

1985 c15 s171

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Method

   169. (1) Local improvement assessments made under section 168 shall be assessed according to the frontage of the real property abutting the streets directly benefited by the public work.

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

1985 c15 s172

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Agricultural land

   170. The council may defer the payment of all or a portion of a local improvement assessment on productive agricultural land while that land continues to be used for these purposes.

1985 c15 s173

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Non- discriminatory

   171. Where the council decides to impose a local improvement assessment under section 168, it shall, afterward, impose an assessment on other portions of real property similarly benefited by a public work of the council.

1985 c15 s174

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Payment

   172. A local service assessment imposed under section 168 and a service levy imposed under section 174 shall be paid by the owner of real property at the time and in the manner which the council may determine.

1999 c38 s14

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Lien

   173. (1) Arrears in instalments of a local improvement assessment attach to the real property assessed for a period not exceeding 6 years from the date they become or are considered to be in arrears, except where the real property is sold for taxes or arrears in an assessment or service levy.

             (2)  The lien described in subsection (1) is considered to be a 1st mortgage on the real property ranking in priority to all other encumbrances on the real property and the council may proceed to discharge the lien by foreclosure or by sale under theConveyancing Act.

1985 c15 s176

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Service levy

   174. Where real property is made capable of being developed, or the density of the potential development is increased, by a public work, on or off the real property, of the council designed to develop municipal services or expand the capacity of the services, or where the value of real property is enhanced by an action of the council, the council may impose a charge to be known as "the service levy" on that real property.

1985 c15 s177

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Restriction on levy

   175. A service levy shall not exceed the cost, or estimated cost, including finance charges to the city of constructing or improving the public work referred to in section 174 that are necessary for the real property to be developed in accordance with the standards required by the council and are permitted on that real property.

1985 c15 s178

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Method

   176. A service levy shall be assessed on the real property based on

             (a)  the amount of real property benefited by the public work related to all the real property so benefited; and

             (b)  the density of development made capable or increased by the public work.

1985 c15 s179

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Rep. by 1999 c38 s15

   177. [Rep. by 1999 c38 s15]

1999 c38 s15

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Lien

   178. (1) A service levy attaches to the real property in respect of which it has been made for a period not exceeding 6 years from the date when it was due except where the real property is sold for taxes, arrears in an assessment, or arrears of a service levy.

             (2)  The lien described in subsection (1) is considered to be a 1st mortgage on the real property ranking in priority to all other encumbrances on the real property and the council may proceed to discharge the lien by foreclosure or by sale under the Conveyancing Act.

1985 c15 s181

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Collection as civil debt

   179. Arrears of instalments of a local improvement assessment, or arrears in a service levy may be collected in addition to the other methods of collection provided for in this Act by action in the name of the council as a civil debt due to the council.

1985 c15 s182

PART VI
SERVICES

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Water and sewage systems

   180. (1) The council may, subject to the Water Resources Act and regulations made under that Act, construct, acquire, establish, own and operate

             (a)  a public water supply system for the distribution of water within or, with the approval of the minister, outside of the city;

             (b)  a public sewage system, either independently of or in conjunction with a public water supply system, for the collection and disposal of sewage within or, with the approval of the minister, outside of the city; and

             (c)  a storm drainage system within or, with the approval of the minister, outside of the city.

             (2)  The powers, rights, duties and obligations of the Water and Sewerage Corporation of Greater Corner Brook and the system and all other assets of the corporation vested in and assumed by the council continue to be so vested and assumed.

             (3)  For the purposes of subsection (1) the council may

             (a)  acquire waters required for the purpose of providing a sufficient supply of water for the city; and

             (b)  acquire by purchase or expropriation lands adjacent to the waters to prevent pollution of those waters.

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

1985 c15 s183; 2002 cW-4.01 s96

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Nuisance

180.1 The city and the council are not liable for a nuisance.

1996 c22 s4

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Acquisition of private system

   181. (1) The council may acquire and take possession of drains, sewers, or water supply pipes, machinery and plant constructed by a person, upon those terms as to compensation to a person having an interest or right as owner or otherwise in the drains, sewers, or water supply pipes, machinery or plant that may be agreed between the council and that person.

             (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.

1985 c15 s184

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Right of entry to survey

   182. Employees or agents of the council authorized by the council may enter upon real property and at reasonable times into the buildings and structures on the real property, whether publicly or privately owned, to do all things necessary for the purpose of making surveys or examinations or obtaining information relative to the construction, alteration, repair, maintenance or inspection of a water supply system, sewage system, storm drainage system or other works that the council is empowered to undertake or to control in the city.

1985 c15 s185

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Right of entry to construct

   183. Employees or agents of the council may enter upon all real property, whether publicly or privately owned, and at reasonable times enter into the buildings or structures on the 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 city.

1985 c15 s186

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Right to construct

   184. (1) The council may

             (a)  break up, dig, excavate and open up roads, or real property, whether publicly or privately owned that may be necessary to operate, construct, maintain, repair or improve a system described in section 180;

             (b)  pass and repass and carry material over the roads or real property described in paragraph (a); and

             (c)  lay down pipes, drains and other components of systems described in section 180 upon or in the lands described in paragraph (a).

             (2)  Notwithstanding subsection (1), the council shall not enter upon, break up or otherwise interfere with a main or secondary highway without the written consent of the Minister of Works, Services and Transportation.

1985 c15 s187

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Diversion of watercourses

   185. (1) Subject to the Water Resources Act and regulations made under that Act, the council may alter or divert a watercourse, whether publicly or privately owned, within the city for the purpose of improvement of a watercourse or of the water supply or of the removal of the sewage of the city or for storm drainage purposes, or for the purpose of carrying out a development, and may remove impure or offensive soil from the water course, lay pipes, construct drains, grade surrounding land, change the directions of or fill up the watercourse, as the council considers necessary.

             (2)  The council may for the purposes of subsection (1) enter upon all lands within the city and dig and excavate upon the 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 the lands to make alterations in the walls, cellars and other portions of the buildings and structures that may be necessary for those purposes.

1985 c15 s188; 2002 cW-4.01 s96

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Compensation for injurious affection

   186. The council shall compensate a person injuriously affected by anything done under sections 183 to 185 in the sum that may be agreed, and where an agreement cannot be made, the compensation shall be determined and paid in accordance with the expropriation provisions of this Act as if the injurious affection had been caused by expropriation.

1985 c15 s189

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Regulations

   187. (1) The council may make regulations respecting the control and management of the water and sewage systems, or either of them, and storm drainage systems and the water catchment area,

             (a)  in accordance with Water Resources Act and regulations made under that Act to prevent the pollution of waters, within or outside the city, used by or in the possession of the council for the provision of the city water supply or necessary for the future use of the city, and may make regulations prohibiting, restricting or making subject to the approval of the council

                      (i)  the cutting of timber, or

                     (ii)  the erection or establishment of a building, structure or work

on, in, over or under land or water within the water catchment area providing the city water supply, whether the watershed is wholly or partially within or outside the boundaries of the city;

             (b)  prescribing the specifications and quality of materials to be used to connect drains, sewers and water supply pipes to a building;

             (c)  for the protection of drains, sewers, and water supply pipes and for keeping them free from obstruction;

             (d)  requiring the owner or occupier, or both, of a building or part of it that is within the boundaries of the city and within 60 metres, or a greater distance that may be prescribed in the regulations, of a public water supply system or a public sewage system to connect the building or other premises or part of the premises to the system;

             (e)  providing that the connection of a building or part of a building to a public water supply system, a public sewage system or a storm drainage system in accordance with regulations made under paragraph (d) shall be done wholly or partly at the expense of the council or the owner or occupier of the building or part of the building or partly at the expense of both;

             (f)  prohibiting the connecting of sewers, drains and water supply pipes to a building by a person other than an employee of or other person engaged by the council for the purpose;

             (g)  prescribing the conditions under which the council will permit a person other than an employee of or other person engaged by the council to connect drains, sewers and water supply pipes to a building;

             (h)  respecting the fixing, collecting, holding and repayment, with or without interest, by the council of deposits to be paid, in an amount in the discretion of the council, by the owner or occupier of a building to which water supply pipes, drainage pipes or sewage pipes are connected;

              (i)  fixing the charges that the council may make for services it provides or performs for the purpose of connecting sewers, drains or water supply pipes to a building and fixing different charges in respect of different buildings or classes of buildings or in respect of different parts or the same part of an area serviced by the sewers, drains and water supply pipes; and

              (j)  restricting or prohibiting the use of water in the city for conservation purposes.

             (2)  Regulations made under paragraph (1)(a) do not apply outside the city unless they are approved by the minister.

1985 c15 s190; 2002 cW-4.01 s96; 2005 c26 s1

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Ownership of roads

   188. The ownership, management and control of all public roads, sidewalks and bridges in the city, except highways classified and designated by the Department of Works, Services and Transportation, and the bridges on those highways, are vested in the council.

1985 c15 s191

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Private roads

   189. A privately constructed road constructed with the approval of the council that is to be used by the public shall be taken over by the council as a public road, without compensation, upon the council being satisfied that the road has been brought up to a standard satisfactory to the council and may reasonably be regarded as necessary for public use.

1985 c15 s192

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Construction

   190. The council may construct public roads, sidewalks and bridges and improve, realign, alter the level of, and repair existing public roads, sidewalks and bridges.

1985 c15 s193

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Closing

   191. The council may order the closing of a public road, sidewalk or bridge either temporarily or permanently in order to make repairs or to prevent damage to it, or for other reasons.

1985 c15 s194

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Private construction

   192. A person shall not open or make a new road designed for public use through privately owned land in the city except with the prior written approval of the council and in accordance with conditions and specifications imposed by the council in its approval.

1985 c15 s195

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Construction on roads

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

1985 c15 s196

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Street reservations

   194. The council may, by resolution, establish street reservations, road improvement lines, road lines and building lines to existing and proposed roads and sidewalks.

1985 c15 s197

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Expropriation

   195. The council may acquire, by agreement or expropriation, real property contained within street reservations, road improvement lines and road lines.

1985 c15 s198

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Removal of projections

   196. (1) The council may order the removal of a fence, building, steps, erections or another object that projects into or over land reserved for a public road or sidewalk.

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

             (3)  Where the projection has been placed into or over a reservation before it has been so designated or with the approval of the council, the council shall pay the cost of removal and shall compensate the owner in an amount to be agreed for the loss of that person's property, or where an agreement cannot be reached, in an amount determined as if it were an expropriation under this Act.

1985 c15 s199

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Parking lots

   197. The council may acquire, by agreement or expropriation, real property necessary for parking lots, and may establish and construct parking lots and regulate those parking lots and charge for their use in an amount that the council decides.

1985 c15 s200

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Street lighting

   198. The council may provide street and area lighting within the city and may enter into agreements with a person to provide the lighting.

1985 c15 s201

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Street and road names and numbering

   199. (1) The council may name and mark all streets and roads within the boundaries of the city.

             (2)  The council may require the owners of all houses and buildings within the boundaries of the city to attach, in a visible place, the numbers assigned by the council to those houses and buildings.

             (3)  The council may by regulation establish an appropriate form and size for that numbering.

             (4)  The council may make regulations respecting the requirements set out in subsection (2).

2009 c39 s1

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Removal of vehicles

   200. (1) Where a vehicle

             (a)  is standing upon a public road, sidewalk or bridge in such a position that it may

                      (i)  interfere with pedestrian or vehicular traffic,

                     (ii)  constitute a hinderance to the maintenance, repair or improvement of the preceding,

                    (iii)  hinder or impede the ploughing of or removal of snow or ice from the preceding, or

                    (iv)  hinder or impede the carrying out of an undertaking of the council; or

             (b)  has been apparently abandoned upon a public road, sidewalk or bridge for longer than 24 hours,

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

             (2)  Before the return of the vehicle to its owner, the owner shall pay the costs of its removal and storage as determined by the council and where the costs are not paid by the owner, the council may sell the vehicle on public auction to satisfy the costs upon notice to the owner.

             (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.

1985 c15 s203

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Regulation of vehicles

   201. (1) A structure, object or vehicle, other than a vehicle licensed under the Highway Traffic Act , shall not move over a public road or bridge without the written consent of the council.

             (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.

             (3)  The council may set out conditions with respect to permits issued under this section and may establish a scale of fees for the permits.

1985 c15 s204

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Regulations

   202. The council may make regulations

             (a)  prescribing the height and construction of fences and requiring the owner or occupier of every lot abutting on a public road within the town to fence the lot and to keep and maintain the fence in repair to the satisfaction of the council;

             (b)  prohibiting or controlling, subject to rights existing at the coming into force of the regulations, the erection, maintenance and use upon or near public roads, sidewalks and bridges of telephone and electricity poles, signs and other objects and requiring their removal from one place to another; the removal to be at the expense of the owner unless the location in that one place had been approved by council;

             (c)  prohibiting or controlling

                      (i)  coasting, skating or sliding on snow or ice on the public roads, bridges or sidewalks,

                     (ii)  the riding of bicycles on sidewalks,

                    (iii)  the riding or driving of children's wagons, push carts, skateboards, tricycles and other similar objects on public roads or sidewalks, and

                    (iv)  the operation of recreational and other vehicles not licensed under the Highway Traffic Act on public roads, bridges or sidewalks;

             (d)  prohibiting or controlling vehicular or pedestrian access onto or over a public road or bridge;

             (e)  protecting and preventing injury to public roads, bridges and sidewalks, and trees, plants and structures contained within the road reservation, and providing for the cleaning and removal of foreign matter from these public roads, bridges and sidewalks; and

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

                      (i)  prohibit or control parking during winter months,

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

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

1985 c15 s205; 1996 c22 s5

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Other regulations

   203. The council may make regulations in accordance with sections 188 and 189 of the Highway Traffic Act or may delegate all or any of its powers in relation to the making of the regulations to The Corner Brook Transportation Commission.

1985 c15 s206

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Recreational facilities

   204. The council may acquire or establish parks, stadiums and other recreational facilities within the city, and, subject to the approval of the minister, outside the city.

1985 c15 s207

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Regulations

   205. The council may make regulations for the use, protection and operation of recreational facilities acquired or established under section 204 and the fixing of charges for admission to and the use of these facilities.

1985 c15 s208

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Grants and loans

   206. The council may make grants-in-aid or loans to a corporation or commission created for the purpose of providing parks, stadiums or other recreational facilities of benefit to the city, subject to those conditions that the council may prescribe.

1985 c15 s209

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Collection, etc. of waste

   207. The council shall provide for the collection of solid waste within the city and for its disposal in a manner and in a place, either inside or outside the boundaries of the city, in accordance with the Waste Material Disposal Act and regulations made under that Act.

1985 c15 s210

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Charges

   208. (1) The council may charge a fee to owners and occupiers of real property for the collection and disposal of solid waste and may vary these charges by class of premises or by volume of solid waste removed.

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

1985 c15 s211

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Removal of waste

   209. The council may order the removal from real property by the owner or occupier of it of solid waste, noxious substances and anything that poses a hazard to public health and safety or adversely affects the amenities of the surrounding property, or may remove the waste or substance and charge the owner or occupier of the real property for the costs of its collection and disposal.

1985 c15 s212

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Regulations

   210. The council may make regulations providing for

             (a)  the storage of solid waste, and the collection of it;

             (b)  the prevention of littering; and

             (c)  the operation of a disposal site, subject to the Waste Material Disposal Act and regulations made under that Act.

1985 c15 s213

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Municipal enforcement officers

   211. The council may appoint 1 or more municipal enforcement officers to hold office during the pleasure of the council.

1985 c15 s214

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Powers

   212. A municipal enforcement officer 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 with respect to the city.

1985 c15 s215

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Agreements re policing

   213. (1) The council may enter into agreements

             (a)  with the government of the province for the use of members of the Royal Newfoundland Constabulary; or

             (b)  subject to the approval of the Lieutenant-Governor in Council, with the Government of Canada for the use of members of the Royal Canadian Mounted Police

to perform the duties of a municipal enforcement officer.

             (2)  A member of a police force set out in subsection (1) has the powers and may exercise the duties of a municipal enforcement officer, where an agreement has been entered into under that subsection.

1985 c15 s216

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Agreement re jails

   214. The council may enter into an agreement with the government of the province for providing and maintaining a jail in the city and for maintaining and caring for prisoners.

1985 c15 s217

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Fire department

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

1985 c15 s218; 1996 c22 s6

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Regulations

   216. (1) The council may make regulations with respect to the control and management of the fire department and, subject to the Fire Protection Services Act and regulations made under that Act, for the fighting of fires, the prevention of fire in the city and the inspection of buildings in the city for fire prevention services.

             (2)  In making regulations under subsection (1) the council may adopt the whole or a portion of the National Fire Code of Canada or another code, with or without modification and supplements or amendments to the Code, but where the city has been exempted from the application of section 8 of the Fire Protection Services Act, those codes and standards shall comply with the requirements of section 9 of that Act and shall be equivalent to or of a higher standard than the codes or standards adopted under section 8 of the Fire Protection Services Act .

             (3)  Where the council has adopted the National Fire Code of Canada or other code, the code and supplements and amendments then in force shall be kept at the office of the council and shall be available for inspection by members of the public.

1985 c15 s219; 2008 cF-11.01 s37

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Fire code

   217. (1) A copy of the National Fire Code of Canada or other code, and supplements and amendments signed by the minister, shall be kept on record in the Department of Municipal and Provincial Affairs.

             (2)  The copy of the National Fire Code of Canada or other code referred to in subsection (1) as signed by the minister is the code adopted or varied by the council under section 216, notwithstanding that a revised code has been made.

             (3)  An alleged infringement of the regulations is to be governed by the copy of the National Fire Code of Canada or other code signed under subsection (1).

             (4)  A certificate of the minister that a document is a copy of the National Fire Code of Canada or other code or a supplement or amendment or an extract is, in the absence of evidence to the contrary, proof of the contents of the code.

1985 c15 s220

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Agreements

   218. The council may enter into agreements with other municipalities, local service districts, or persons, for joint fire fighting or for responding to other emergencies.

1985 c15 s221; 1996 c22 s7

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Power of chief officer

   219. The officer in charge of the city fire department may have attached and fixed to a private or public building or structure, in a manner satisfactory to the officer, fire alarms, wires and fastenings that he or she considers necessary for carrying on the work of the department or staying the progress of or preventing fire.

1985 c15 s222

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Pulling down buildings

   220. The officer in charge of the city fire department at a fire may, where the officer considers it necessary in order to extinguish or stay the progress of a fire, have a private or public building or structure, or part of the building or structure, pulled down or removed.

1985 c15 s223

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Right re traffic

   221. (1) The officers and members of the city fire department, together with their fire engines, apparatus and appliances have the right of way over all traffic while proceeding to answer an alarm of fire or responding to other emergencies.

             (2)  The officer in charge of the city fire department at the site of a fire or other emergency may close all roads including a highway in the vicinity.

1996 c22 s8

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Power to enter building

   222. (1) Members of the city fire department may enter and convey hose and other fire fighting appliances and apparatus through a public or private building or structure or over real property for the efficient fighting of a fire.

             (2)  No action lies against an officer or member of the city 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).

1985 c15 s225

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Other fire department and liability

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

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

1996 c22 s9

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Other fire department

   223. The officers or members of a fire department of another municipality, and a person who gives aid to the city fire department in fighting a fire are considered to be officers and members of the city fire department while they are giving that aid.

1985 c15 s226

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Offences

   224. (1) A person who obstructs an officer or member of the city fire department in the discharge of his or her duties or wilfully retards the passage of an engine, apparatus or appliance used by the officer or member is guilty of an offence.

             (2)  A person who wilfully gives a false alarm of fire to the city 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 is guilty of an offence.

1985 c15 s227

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Public transportation system

   225. (1) The council may establish and operate a public transportation system either on its own or through a commission established for that purpose, and may establish and charge fares for the use of the system.

             (2)  The council is also empowered to extend the operations of the bus service to areas and places outside the limits of the city.

1993 c35 s1

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Transportation Commission

   226. The council may appoint a commission to be known as The Corner Brook Transportation Commission consisting of 7 persons.

1985 c15 s229

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Franchise

   227. The council may enter into an agreement with a person, for a period not exceeding 10 years, granting to that person an exclusive right to establish and operate a public transportation system within the city, and as provided for by subsection 225(2), to areas and places outside the limits of the city, subject to the rates for fares and other conditions that may be set out in the agreement.

1993 c35 s2

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Waiting areas

   228. The council may erect, or authorize the erection of, public waiting areas for public transportation and may regulate the maintenance of those areas.

1985 c15 s231

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Taxis

   229. (1) The council may make regulations regulating taxis within the city, and may also make regulations

             (a)  fixing the number of taxis in the city;

             (b)  requiring that the operators of taxis have a licence to operate in the city and fixing a fee to be paid for the licences;

             (c)  fixing fares to be paid by users of taxis;

             (d)  prescribing the inspection of taxis on an annual or other basis that the council may set out in the regulations;

             (e)  setting out standards for taxis; and

             (f)  authorizing and assigning stands for taxis, and the erection and maintenance of the stands.

             (2)  For the purpose of subsection (1), the word "taxies" includes other vehicles carrying passengers for fare.

1985 c15 s232

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Public libraries

   230. The council may contribute towards the establishment, conduct and maintenance of a public library in the city, and may provide accommodation and other services to the library.

1985 c15 s233

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Cemeteries

   231. The council may acquire, establish, own and operate a cemetery or crematorium and may, for that purpose, acquire land within or outside the boundaries of the city.

1985 c15 s234

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Sale or lease

   232. The council may sell or lease the whole or part of a property acquired under section 231 for the purpose of establishing a cemetery or crematorium, or for burial plots, under the terms that the council may set out in the sale or lease.

1985 c15 s235

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Consent required

   233. A cemetery or crematorium may not be established in the city except with the consent of the council.

1985 c15 s236

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Regulations

   234. The council may, subject to the Department of Health Act and regulations made under that Act, make regulations controlling the location, development and maintenance of cemeteries and crematoriums.

1985 c15 s237

PART VII
CONTROLS

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Building

   235. (1) A person shall not within the city

             (a)  erect or start to erect a building;

             (b)  extend, repair, relocate or demolish an existing building;

             (c)  change the use for which an existing building is or was last held or occupied; or

             (d)  occupy a building that has been vacant for a period of 6 months or more or a newly constructed building,

except under and in accordance with a written permit from the council.

             (2)  The council may require in all applications for permits under this Part, and it shall be prerequisite for an applicant to provide before a permit may be granted, a statement signed by the applicant stating

             (a)  that the applicant is the owner of the land or building affected; or

             (b)  that the applicant has received the approval of the owner to submit the application, and stating the name and address of the legal owner.

1985 c15 s238

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Building regulations

   236. (1) The council shall make regulations controlling the design, construction, alteration, reconstruction and occupancy of buildings, and a class of them and the demolition, removal, relocation and maintenance of them, and shall send a copy of the regulations to the minister.

             (2)  Regulations made under subsection (1) shall include the National Building Code of Canada and other codes, supplements, and amendments the minister may direct to be included.

             (3)  The National Building Code of Canada and other codes, supplements and amendments in force, shall be kept at the office of the council and shall be available for inspection by members of the public.

1985 c15 s239

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Building Code

   237. (1) A copy of the National Building Code of Canada or other code, and supplements and amendments signed by the minister, shall be kept on record in the Department of Municipal and Provincial Affairs.

             (2)  The copy of the National Building Code of Canada or other code referred to in subsection (1) as signed by the minister is the code adopted or varied by the council under section 236, notwithstanding that a revised code has been made.

             (3)  An alleged infringement of the regulations is to be governed by the copy of the National Building Code of Canada or other code signed under subsection (1).

             (4)  A certificate of the minister that a document is a copy of the National Building Code of Canada or other code or supplement or amendment or extract is, in the absence of evidence to the contrary, proof of the contents of the code.

1985 c15 s240

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Removal of building

   238. (1) Where

             (a)  a building has been erected, or started to be erected;

             (b)  an existing building is repaired or an extension added to the building; or

             (c)  the use of an existing building is changed other than under and in accordance with the terms of a permit issued by the council and the building regulations adopted by council,

the council may order the owner or builder to stop construction, pull down, remove, fill in or otherwise destroy the building and restore the site to its original state, or make the disposition or alteration of the building that the order directs, within the time specified in the order.

             (2)  Where a building is in a dilapidated state, or is, in the opinion of the council, unfit for human habitation, or the other use for which it is then being used, or is a public nuisance, the council may order the owner or occupier to pull down, remove, fill in or otherwise destroy the building and return the site to its original state, or make the disposition or alteration of the building that the order directs, within the time specified in the order.

             (3)  An order made under this section shall be signed by the city clerk and shall be served upon the owner or builder of the building either personally or by registered mail, or by posting the notice on the building, where the owner or builder is not known.

1985 c15 s241

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Order not obeyed

   239. (1) Where an order made under section 238 is not complied with within the time set out in the order, and a period of 14 days has passed from the time of service or posting of the notice, and an appeal has not been started, heard or otherwise disposed of under section 240, the council may itself carry out the order through its employees or agents and may recover the cost as a civil debt from the person on whom the order was served.

             (2)  A person on whom an order made under section 238 has been served who refuses or fails to comply with the order is guilty of an offence and liable on summary conviction to a fine of not less than $25 for every day of refusal or failure to comply, and in default of payment to a period of imprisonment not exceeding 3 weeks.

             (3)  The council or its employees or agents may take an action by way of prosecution or other legal proceeding including but not limited to an application for an injunction or declaratory relief which the council or its employees or agents consider necessary to enforce section 238 or an order made under that section.

1985 c15 s242; 1991 c27 s1

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Appeal

   240. (1) A person who feels aggrieved by an order made under section 238 may, within 14 days of the service or posting of the order, appeal to the appropriate regional appeal board established under the Urban and Rural Planning Act and the board may make the order with respect to the matter that appears just.

             (2)  Where an appeal has been started under subsection (1), the council shall not begin to carry out its order under section 238 until the appeal has been heard or otherwise disposed of.

             (3)  Notwithstanding subsection (2), a stop construction order remains in full effect and is subject to a penalty for a contravention under subsection 239(2).

             (4)  Notwithstanding subsection (2), where a building poses an immediate threat to public health and safety the council may take those steps it considers necessary to eliminate that threat and may collect the costs from the owner.

1985 c15 s243

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Water and sewage

   241. (1) A person shall not, within the city,

             (a)  construct a privy or sewer system, septic tank, or sewer; or

             (b)  make or use a new water supply or system

except under and in accordance with a written permit from the council.

             (2)  The council shall not approve a permit under subsection (1) without the approval of an officer of government designated by government for that purpose.

1985 c15 s244

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Regulations

   242. The council shall make regulations

             (a)  controlling the construction, location, use and maintenance of privies, sewer systems, septic tanks, and sewers;

             (b)  governing the digging, drilling, use and construction of wells and water supply systems; and

             (c)  prohibiting and controlling the use of a source of water that council considers dangerous to public health,

and shall send a copy of the regulations to the minister.

1985 c15 s245

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Removal

   243. Where

             (a)  a privy, septic tank, sewer, sewer system, well or water system has been constructed without a permit under section 241 or not in accordance with the terms of the permit or the regulations; or

             (b)  a privy, septic tank, sewer and sewer system or well and water system is so located or constructed that it poses or is actually a danger to public health,

the council may order the owner or occupier of the property to stop construction, fill in, remove or alter it within the time specified in the order.

1985 c15 s246

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Consequential

   244. An order made under section 243 shall be served, may be enforced, and is subject to the same penalty for non-compliance, and may be appealed against in the same manner as an order made with respect to a building under section 238.

1985 c15 s247

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Storm drainage

   245. A person shall not, within the city,

             (a)  dig or construct ditches, drains or culverts; or

             (b)  make greater use of exiting ditches, drains or culverts; or

             (c)  connect to an existing storm drainage system, whether publicly or privately owned

except under and in accordance with a written permit from the council.

1985 c15 s248

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Regulations

   246. The council may make regulations with respect to storm drainage and shall send a copy of the regulations to the minister.

1985 c15 s249

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Removal

   247. The council may order the stopping of construction, filling in or removal of a ditch, drain or culvert, or connection to a storm drainage system constructed or made without a permit or not in accordance with the terms of the permit, or the regulations.

1985 c15 s250

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Consequential

   248. An order made under section 247 shall be served, may be enforced, is subject to the same penalty for non-compliance, and may be appealed against in the same manner as an order made with respect to a building under section 238.

1985 c15 s251

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Signs

   249. A person shall not, within the city, erect a sign except in accordance with the terms of a licence issued by the council.

1985 c15 s252

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Regulations

   250. The council may make regulations with respect to the use, size, illumination, erection and maintenance of signs.

1985 c15 s253

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Removal

   251. The council may order the stopping of construction, removal or repair of a sign erected without a licence, or not in accordance with the terms of the licence, or the regulations.

1985 c15 s254

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Consequential

   252. An order made under section 251 shall be served, may be enforced, is subject to the same penalty for non-compliance, and may be appealed against in the same manner as an order made with respect to a building under section 238.

1985 c15 s255

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Car parks

   253. A person shall not, within the city, operate or construct a car park except under and in accordance with a written permit from the council.

1985 c15 s256

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Regulations

   254. The council may make regulations

             (a)  governing car parks; and

             (b)  controlling or prohibiting the parking of commercial vehicles on land adjacent to a building used for residential purposes.

1985 c15 s257

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Removal

   255. The council may order the owner or occupier of a car park constructed or operated without a permit or not in accordance with the terms of a permit, to stop operations, return the property to its original state or maintain it.

1985 c15 s258

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Consequential

   256. An order made under section 255 shall be served, may be enforced, is subject to the same penalty for non-compliance, and may be appealed against in the same manner as an order made with respect to a building under section 238.

1985 c15 s259

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Sales from vehicles

   257. (1) The council may make regulations controlling or prohibiting the use of a vehicle or stand for the sale of food or goods and may require permits for that sale.

             (2)  Regulations made under subsection (1) apply to a vehicle whether it is self-moving or drawn by another vehicle or person, or is temporarily or permanently stationary.

1985 c15 s260

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Removal

   258. The council may order the removal of a vehicle or stand used or located without a permit under section 257.

1985 c15 s261

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Consequential

   259. An order made under section 258 shall be served, may be enforced, is subject to the same penalty for non-compliance, and may be appealed against in the same manner as an order made with respect to a building under section 238.

1985 c15 s262

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Shop closing

   260. (1) Subject to an exemption order by the Minister of Employment and Labour Relations under the Shops Closing Act, the council may make regulations

             (a)  respecting the closing of shops for the serving of customers on holidays within the meaning of that Act;

             (b)  prescribing the days or hours or both during which shops in the city may be open for the serving of customers or shall be closed;

             (c)  exempting from the regulations the class or kind of shops referred to in the regulations;

             (d)  regulating the delivery of goods from shops after the closing hours of those shops;

             (e)  providing for the opening of shops for the serving of customers under exceptional circumstances; and

             (f)  defining the class or kind of shops to which the regulations apply or that are exempt from the regulations.

             (2)  Different regulations may be made under this section

             (a)  in respect of shops generally;

             (b)  in respect of some or different classes of shops at different times of the year or under different circumstances; or

             (c)  in respect of shops carrying on businesses or trades or classes of businesses or trades as may be specified in the regulations.

             (3)  In this section the word "shop" means the part of a premises or place in which or from which a wholesale or retail trade or business is carried on.

1985 c15 s263

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Pornographic materials

   261. The council may make regulations respecting

             (a)  the method of the display for sale or rental in shops of pornographic books, pornographic magazines, pornographic films or other pornographic reading or viewing material;

             (b)  the entrance of minors into shops whose primary purpose is the sale or rental of material referred to in paragraph (a); and

             (c)  the definition of terms for the purpose of giving effect to this section.

1985 c15 s264

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Curfew

   262. (1) The council may make regulations prescribing the hours during which children below the age set out in the regulations are permitted on a public road, park or in a place of amusement or public assembly, whether alone or in the company of a parent, guardian or other adult.

             (2)  In making regulations under subsection (1) the council may make different regulations with respect to children of different ages.

1985 c15 s265

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Animals other than dogs

   263. The council may make regulations

             (a)  restricting and controlling the running at large or keeping of animals other than dogs;

             (b)  providing for the seizure and impounding of animals found at large or kept contrary to the regulations;

             (c)  prescribing impounding fees; and

             (d)  providing that an impounded animal may be sold, destroyed or otherwise disposed of if it is not claimed and the impounding fee paid in the time set out in the regulations.

1985 c15 s266

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Dog control

   264. The council may make regulations

             (a)  providing for the licensing and registration of dogs within the city and the renewal of licences and the period of validity of licences;

             (b)  prescribing the form of licences and the kind of licence tags to be issued with the licences;

             (c)  prescribing the fees to be paid for licences and licence tags;

             (d)  providing for the appointment of licensing officers in the city;

             (e)  prescribing the allowance to be paid to licensing officers for licensing dogs and collecting and forwarding the fees to the city and providing for the payment to licensing officers of the cost to them of remitting the fees in addition to an allowance;

             (f)  providing for the impounding of dogs running at large, prescribing impounding fees to be charged for impounding and providing that a dog may be sold, destroyed or otherwise disposed of if it is not claimed within the time fixed in the regulations;

             (g)  prohibiting, restricting or regulating the roaming at large of dogs;

             (h)  providing for the seizure and destruction of diseased dogs found at large; and

              (i)  prescribing fines for the non-compliance or contravention of regulations made under this section.

1985 c15 s267

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Place of entertainment

   265. A person shall not operate within the city a place of entertainment except in accordance with the terms of a licence from the council.

1985 c15 s268; 1987 c41 s4

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Regulations

   266. The council may make regulations with respect to the use, operation and location of places of entertainment, subject to regulations made under this Act or the Liquor Control Act.

1985 c15 s269

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Stop order

   267. The council may order that a place of entertainment operating without a licence, or not in accordance with the terms of the licence, or the regulations, comply with the regulations or stop operating.

1985 c15 s270

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Consequential

   268. An order made under section 267 shall be served, may be enforced, is subject to the same penalty for non-compliance, and may be appealed against in the same manner as an order made with respect to a building under section 238.

1985 c15 s271

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Definition

   269. The phrase "place of entertainment" used in sections 265 to 268 includes a theatre, cinema, amusement premises, concert hall, pool hall, circus, race course, baseball park, athletic ground, fair ground, skating rink, dance hall, a place where there are coin operated games or a hotel, restaurant, club or cafe in which facilities are supplied for and used by the public for dancing or other forms of entertainment and other places that the council may declare to be places of entertainment.

1985 c15 s272

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Bicycles

   270. The council may make regulations with respect to the operation of bicycles within the city and may provide that bicycles be licensed.

1985 c15 s273

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Recreational vehicles

   271. The council may make regulations prohibiting or controlling the time of operation and the operation in general of recreational vehicles within the city and may provide that they be licensed.

1985 c15 s274

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Heritage areas

   272. The council may, by regulation, designate real property as heritage buildings, structures or lands.

1985 c15 s275

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Building control

   273. Heritage buildings, structures or lands shall not be demolished or built upon nor the exterior of the building or structure altered, except under a permit of the council specifically authorizing the alteration and in accordance with the terms and conditions of the permit.

1985 c15 s276

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Heritage advisory committee

   274. The council may establish a heritage advisory committee to advise the council on regulations made under section 272 and the preservation of the real property designated under that section.

1985 c15 s277

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Removal

   275. The council may order the removal of a building or structure built without a permit under section 273 or the restoration of the exterior of a heritage building or structure altered other than in accordance with the terms and conditions of the permit.

1985 c15 s278

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Consequential

   276. An order made under section 275 shall be served, may be enforced, is subject to the same penalty for non-compliance, and may be appealed against in the same manner as an order made with respect to a building under section 238.

1985 c15 s279

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Business improvement areas

   277. (1) In this section

             (a)  "board" means a board of management of a designated business improvement area established by the council under this section;

             (b)  "business improvement area" means a commercial area of the city which, in the opinion of the council and in the interest of the city, requires improvement, beautification or maintenance and which has been designated as such under this section; and

             (c)  "regulations" means regulations made by the council under this section.

             (2)  The council may make regulations to declare and designate business improvement areas within the city.

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

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

             (5)  Where the 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)  The objects of a board shall be to

             (a)  promote a business improvement area as a place for retail and commercial activity;

             (b)  help in carrying out the improvement, enhancement, beautification and maintenance of municipal or public lands in a business improvement area; and

             (c)  sponsor or otherwise participate in special projects, activities or events, for the purpose of improving an area.

             (7)  A board shall

             (a)  be responsible to the council in carrying out the powers, functions and duties conferred by this section;

             (b)  report to the council on the activities of the board at those times and in the manner that the council may prescribe;

             (c)  annually prepare for approval and submission to the council at a time and in a form prescribed by the council a budget indicating its proposed annual expenditures of funds;

             (d)  make available to the council books, documents, transactions, minutes and accounts of the board; and

             (e)  do other things necessary or incidental to the carrying out of the objects of the board.

             (8)  A board may make grants to persons within a business improvement area or to an organization whose sole purpose is promoting that business improvement area as a place for retail or commercial activity for the carrying out of the objects and purposes of this section.

             (9)  The council may

             (a)  in order to provide revenue to a board for annual operating and other expenses, impose an annual surcharge no greater than 10% of the business tax imposed on persons carrying on a business, trade or profession within a business improvement area;

             (b)  impose different rates of surcharge for different business improvement areas; and

             (c)  allot and approve funds collected for a business improvement area, but those funds shall

                      (i)  consist only of funds raised as provided in paragraph (a) and subsection (10),

                     (ii)  remain the property of the city,

                    (iii)  form part of the general revenue of the city,

                    (iv)  be paid out by the city treasurer on requisition by a board for its annual operating budget, and

                     (v)  be spent only for the purposes of a business improvement area for which they were collected.

          (10)  Nothing in subsection (9) shall preclude a board from obtaining revenue through fund raising, grants or gifts, which funds shall also form part of the general revenue of the city.

          (11)  A surcharge or business tax collected and imposed by subsection (9) shall be subject to the Assessment Act, 2006.

          (12)  The council may make regulations

             (a)  respecting the structure, composition and filling of vacancies of a board;

             (b)  designating the qualifications necessary for appointment to a board or regarding election to a board;

             (c)  regarding the election of officers of a board;

             (d)  respecting voting by members of a board and the casting of tie breaking votes;

             (e)  regarding rules of procedure governing board meetings;

             (f)  respecting the annual and proper expenditure of funds by a board;

             (g)  restricting expenditures of funds by boards to items and activities approved by the council;

             (h)  outlining programs and activities which may be undertaken by boards;

              (i)  regarding the levy of annual surcharges;

              (j)  respecting notices to persons, businesses or other groups or organizations under this section;

             (k)  respecting responses to notice requirements by persons, businesses or other groups or organizations;

              (l)  respecting the increase or decrease in size of an existing business improvement area; and

           (m)  respecting all other matters for the more effective carrying out of this section.

          (13)  Nothing contained in this section shall preclude the city from promotion, improvement, beautification or maintenance activities within a business improvement area that are normally provided to the city at large.

          (14)  The council may by regulation dissolve a business improvement area and a board of a business improvement area

             (a)  upon receipt of a petition by persons qualified to reject the establishment of a business improvement area referred to in subsection (4); and

             (b)  where a board has not functioned for a period of 1 or more years.

1988 c47 s1; 2006 cA-18.1 s48

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Economic development

277.1 (1) The council may encourage economic development as it considers appropriate, and for that purpose may enter into an agreement with another city, 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.

1999 c38 s16

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Nuisances

   278. The council may make regulations with respect to a noise or other type of nuisance, including the use of pellet and air guns, that, in the opinion of the council, has an unpleasant effect on the senses.

1985 c15 s280

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Stop order

   279. The council may order that a nuisance that is contrary to the regulations stop.

1985 c15 s281

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Consequential

   280. An order made under section 279 shall be served, may be enforced, is subject to the same penalty for non-compliance, and may be appealed against in the same manner as an order made with respect to a building under section 238.

1985 c15 s282

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Violation notice

280.1 (1) The council may, where authorized by the minister and by regulation, issue a violation notice to a person who contravenes a regulation made by the council under this Act.

             (2)  A violation notice issued to a person under this section shall state on that notice

             (a)  the contravention to which the notice applies;

             (b)  the time and date of the contravention;

             (c)  that a voluntary payment out of court of a stated amount may be made to the city within a time stated on the notice and the amount to which it will increase where payment is voluntarily made to the city by a later date stated on the notice;

             (d)  that where payment is voluntarily made to the city for the contravention stated on the notice, no further action will occur with respect to that contravention; and

             (e)  that where payment is not voluntarily made to the city as laid out in the notice, a summons will be issued with respect to the contravention stated on the violation notice.

             (3)  Where a violation notice is issued to a person for a contravention of a regulation to which this section applies, that person may voluntarily pay to the city

             (a)  the amount; and

             (b)  within the time,

stated on that notice.

             (4)  The council shall not issue a violation notice except in accordance with this section and regulations made under section 280.3.

2003 c5 s1

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Issuance of summons

280.2 (1) Where a person who has received a violation notice under section 280.1 does not voluntarily make a payment to the city within the time stated on that notice, the city may charge that person by way of a summons, including a summons that is issued by way of a ticket under the Provincial Offences Act , with an offence in respect of the contravention stated on that notice.

             (2)  Notwithstanding that the city has not issued a violation notice under section 280.1, the city may charge a person by way of a summons, including a summons that is issued by way of a ticket under the Provincial Offences Act , with an offence for a contravention of a regulation for which a violation notice may be issued under that section.

             (3)  Where a person is convicted of an offence for which a summons referred to in subsection (1) or (2) was issued, and as a result of that conviction is liable to pay a fine, the amount of that fine paid into the court shall be paid out of the court to the city.

             (4)  Where a person 

             (a)  is convicted of an offence for which a summons referred to in subsection (1) or (2) was issued; and

             (b)  does not pay the fine imposed with respect to that conviction within the required time; and

             (c)  owns the property or business to which the offence relates,

that fine shall be collected and recovered from that person in the same manner that taxes and assessments may be collected and recovered under this Act with respect to that property or business.

2003 c5 s1

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Regulations

280.3 The minister may make regulations

             (a)  to authorize the council to issue violation notices;

             (b)  to establish the regulatory contraventions for which the council may issue violation notices and summonses to which sections 280.1 and 280.2 apply;

             (c)  to establish the times by which a payment is to be made with respect to a violation notice issued under section 280.1;

             (d)  to establish voluntary payment amounts that may be paid with respect to a violation notice issued under section 280.1; and

             (e)  to establish fines with respect to offences for which a summons was issued in accordance with section 280.2.

2003 c5 s1

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Employee designation

280.4 The council may designate an employee or a class of employees who may issue a

             (a)  violation notice under section 280.1; and

             (b)  summons under section 280.2.

2004 c47 s7

PART VIII
EXPROPRIATION

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Expropriation

   281. The council may with the approval of the minister expropriate land, or property or an interest in the land or property in accordance with this Act for the use of the council for the purposes of the powers given to it under this Act or incidental to the powers where

             (a)  the party who owns the land or property or an interest in the land or property refuses to accept the sum offered in writing by the council;

             (b)  the party who owns the land or property or an interest in the land or property is incapable of conveying the land or property or the party's interest or cannot be found in the province or is not known;

             (c)  for other reasons, agreement cannot or may not be reached with the party; or

             (d)  for other reasons the council considers it advisable to do so.

1985 c15 s283

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Right of entry

   282. The council may, by a person authorized for that purpose, ascertain and delimit the land or property or interest in the land or property to be expropriated and for that purpose the authorized person has the right to enter upon the land or property to ascertain, measure and obtain a plan and description of it.

1985 c15 s284

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Method of expropriation

   283. (1) The council shall notify the owner in writing that the land or property, which land or property shall be delimited or described in the notice, is required and is to be expropriated under this Act.

             (2)  Ten days after the service of the notice of expropriation on the owner, or, if the owner is incapable of conveying the land or property or the owner's interest or cannot be found in the province or is not known, or if for another reason personal service cannot be conveniently affected, then 10 days after the posting up of 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.

1985 c15 s285

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Compensation

   284. (1) The council shall pay compensation to the owner of land or property or interest in land or property expropriated under this Act or to the owner of land or property injuriously affected by the expropriation made under this Act.

             (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 is to be taken into account in reduction of the compensation paid under subsection (1).

1985 c15 s286

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Board of assessors

   285. (1) The amount of compensation to be paid under section 284 is to be ascertained by a board of assessors consisting of a chairperson and 2 other assessors.

             (2)  The council shall appoint 1 assessor.

             (3)  The council shall by written notice require the owner of land or 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 1 assessor.

             (4)  Where the owner of the land or 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 or 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 the judge to be desirable to dispense with that notice, shall appoint the owner's assessor.

             (6)  The assessors appointed under this section shall appoint a 3rd assessor to be chairperson of the board of assessors.

             (7)  Where the 2 assessors 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 the appointment, a judge of the Trial Division shall, on the application either of the council or the owner, appoint the chairperson.

1985 c15 s287

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More than 1 owner

   286. (1) Where the council decides to expropriate more than 1 piece of land or property belonging to different owners in a particular area, and the council and an owner do not agree upon the amount of compensation, the amount to be paid every owner with whom agreement cannot be reached is to be ascertained by a board of assessors to be appointed in accordance with section 285.

             (2)  For the purposes of the application of section 285, "owners" means the majority of owners with whom agreement cannot be reached under subsection (1).

1985 c15 s288

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Oath or affirmation

   287. Each member of a board of assessors shall, before taking up the duties of office, take and sign the following oath or affirmation of office before a person authorized to administer oaths or affirmations:

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

1985 c15 s289

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Award of board

   288. The board of assessors are considered to be assessors and not arbitrators and their finding or the finding of 2 of them is considered to be the award of the board of assessors and is final and binding on the parties.

1985 c15 s290

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Powers of board

   289. The board of assessors

             (a)  may administer oaths to the parties and the witnesses appearing before them and take their affirmations; and

             (b)  may correct in an award a clerical mistake or error arising from an accidental slip or omission.

1985 c15 s291

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Appeal

   290. (1) The 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, give to the other party notice of an appeal to the Court of Appeal 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.

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

1985 c15 s292

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Technical objection

   291. (1) An award of the board of assessors is not invalid because of a want of form or other technical objection where this Act has been substantially complied with and where the award states clearly the compensation awarded and clearly indicates the lands or property in respect of which the compensation has been awarded.

             (2)  The 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.

1985 c15 s293

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Time of award

   292. The award of the board of assessors is to be in writing and shall be made within 60 days of the appointment of the board, unless that period is extended by the council, and immediately upon being made, shall be delivered to the council.

1985 c15 s294

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Compensation

   293. (1) The amount of compensation awarded by the board of assessors shall be paid within 6 months of the date of the award.

             (2)  Where the compensation is not paid within 30 days of the date of the award, it bears interest at the rate of 5% annually until the date of payment.

1985 c15 s295

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Leasehold interest

   294. (1) Where land or property expropriated under this Act is subject to a lease or sublease for a term of not less than 1 year, the board of assessors shall apportion the compensation fixed in respect of the land or property between the lessor, lessee and sublessee or the assigns of either of them in the manner that the board of assessors may decide.

             (2)  Where part only 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 so 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 so 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 the lessor 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.

1985 c15 s296

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Transfer of land

   295. (1) Where land or property is expropriated, and the board of assessors are of the opinion that the owner of the land may be properly indemnified by having a portion of land assigned to him or her from land of the council adjoining the land or property expropriated, the board of assessors may, with the consent of the council, mark off as much of the adjoining land of the council that appears sufficient to the board of assessors to replace the land taken by expropriation.

             (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.

1985 c15 s297

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Costs

   296. (1) The board of assessors may award costs in respect of a hearing before them under this Act, but the costs shall be taxed by a taxing officer of the Supreme Court in accordance with the scale of costs in the Rules of the Supreme Court, 1986.

             (2)  Where

             (a)  the compensation awarded by the board of assessors is greater than the sum that the council offered in writing in respect of the land that was expropriated or injuriously affected, the council shall pay the costs and expenses of the hearing before the board of assessors and the fees of that board provided for in this Act;

             (b)  the compensation awarded by the board of assessors does not exceed the sum so offered, the person who refused the offer shall pay the costs and expenses of the hearing and fees of the board of assessors; and

             (c)  in respect of land expropriated or injuriously affected, no sum was offered before expropriation, the costs and expenses of the hearing and fees of the board of assessors shall be paid by the party designated by the board of assessors.

1985 c15 s298; 1989 c12 s7

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Fees

   297. (1) The council shall fix the fees to be paid to the members of the board of assessors and may enter into an agreement with the members for the payment to them of a fixed amount for their 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.

1985 c15 s299

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Register

   298. A register containing the particulars of all expropriations under this Act and of the notices and awards served, posted up or made in connection with the expropriations shall be kept by the council.

1985 c15 s300

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Notice

   299. (1) A notice of expropriation may be given under this Act where an agreement as to the compensation to be paid or given subject to proof of title, has been made between the person who, in the opinion of the council, is the apparent owner of the land and the council.

             (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), no reference shall 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.

1985 c15 s301

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Registration of notice

   300. (1) A copy of the notice of expropriation upon which is endorsed or to which is attached an affidavit or a certificate of oath or affirmation in proof of service of the notice upon the owner or of the posting of the notice in accordance with this Act, may be registered in accordance with the Registration of Deeds Act without proof for registration and with payment of fees.

             (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 were 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 theRegistration of Deeds Act and, for the purposes 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

             (a)  the name of the person upon whom the notice is served or upon whose land or property the notice is posted and of the council as the parties;

             (b)  the place where the land or property to which the notice relates is situated;

             (c)  a description of the document as a notice of expropriation;

             (d)  the date of the service or posting of the notice; and

             (e)  the place of registration

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.

1985 c15 s302

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Duty to provide title

   301. (1) Nothing contained in this Act requires the council to make compensation or transfer another matter provided by way of compensation under this Act, until the time that the owner has established title to the reasonable satisfaction of the council.

             (2)  Where a notice of expropriation is served under this Act, it is the duty of the person on whom it is served to submit to the council that person's title deeds and plans of his or her land or property that are available to him and to provide the council with information that it may reasonably require in connection with the title to the land or property.

             (3)  Where the owner delays in providing title deeds or plans or in providing necessary information to the council, the period stated in this Act within which the compensation or matter is required to be paid or transferred or the finding of the board of assessors is otherwise required to be carried out, is considered to be extended by the period of delay so made by the owner.

1985 c15 s303

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Payment into court

   302. (1) Where the owner of land or property expropriated under this Act

             (a)  refuses to accept the compensation awarded in respect of the land or property;

             (b)  neglects or fails to make out a title to the land or property or to the interest in the land or property claimed by him or her to the satisfaction of the council;

             (c)  refuses to execute a document or receipt of indemnity in respect of the land or property as required by the council; or

             (d)  is absent from the province or cannot after inquiry be found,

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

             (a)  is under a disability;

             (b)  is a partial or qualified owner of the land or property or interest in the land or property expropriated under this Act; or

             (c)  is not entitled to sell or convey it,

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

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

             (a)  the council shall be provided a receipt for the compensation money, which constitutes a full and valid discharge to the council in respect of liability to make further compensation for the land, property or interest in the land or property; and

             (b)  the council does not incur liability to pay interest on the compensation paid into court.

1985 c15 s304; 2013 c16 s25

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Payment out of court

   303. (1) Where there is a claim to compensation or a portion of compensation paid into the court under this Act, a person claiming the compensation may apply to a judge of the Trial Division for an order directing that the compensation or part of it be paid to him or her.

             (2)  The compensation shall be disposed of by the court as directed by the judge.

             (3)  Where a claim to 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 court shall, on the expiration of that period, return the amount of the compensation to the council together with all interest accrued.

             (4)  Following the return of the compensation, the claim of every 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.

2013 c16 s25

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Sale of expropriated land

   304. (1) The council may sell or otherwise dispose of land or property acquired by expropriation, agreement or gift on the terms and conditions and for the consideration that it thinks appropriate, where the sale or disposition is for the purpose for which the land or property was acquired.

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

1985 c15 s306

PART IX
RECEIVERSHIP

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Receivership

   305. Where the Lieutenant-Governor in Council has reason to believe following an audit of the accounts of the council by the auditor general or an auditor appointed by the auditor general, that the city is insolvent or is in imminent danger of insolvency and that it is in the best interests of the city and its creditors that the city be disbanded and its affairs wound up, the Lieutenant-Governor in Council may, by order, disband the city and appoint a receiver.

1985 c15 s307

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Effect of order

   306. Upon the effective date of an order made under section 305, the city is disbanded and the council and all officers of the city are retired from office and are no longer qualified to act for or on behalf of the city or to exercise the functions, powers, and authority vested in the council, and the officers.

1985 c15 s308

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Ministerial direction

   307. The receiver is subject to the direction of the minister in all things concerning the performance of the minister's duties.

1985 c15 s309

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Duty of officers

   308. (1) The former officers of the city shall pass over to the receiver at the receiver's request all money, securities, evidences of title, books, assessment rolls, tax rolls, by-laws, papers and documents, belonging to or relating to the affairs of the city, that they have in their possession or under their control.

             (2)  A person who fails to comply immediately with a request of a receiver under subsection (1) is guilty of an offence and liable on summary conviction to a fine not exceeding $100 and in default of payment to imprisonment for a term not exceeding 3 months.

1985 c15 s310

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Powers of receiver

   309. Upon being appointed, the receiver

             (a)  shall realize upon all the assets of the city comprising arrears of taxes and other liquid assets; and

             (b)  shall, with the approval of the minister and in the manner prescribed by the minister, sell or otherwise dispose of the property of the city and execute in the name of and on behalf of the city all deeds, conveyances, transfers, assignments, receipts and other documents, and for that purpose use where necessary the seal of the city.

1985 c15 s311

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Books of account

   310. (1) The receiver shall keep proper and correct books of account relating to the affairs of the city, showing the true financial condition of the city.

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

             (3)  The books of account shall be audited in the manner prescribed by sections 109 to 115.

1985 c15 s312

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Receiver's records

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

1985 c15 s313

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Application of money

   312. (1) All money realized by the receiver shall be applied in payment of the liabilities of the city where circumstances permit, after paying the costs and expenses incidental to the receivership, including the remuneration of the receiver, in the following order of priority:

             (a)  in payment of salaries to officers of the city up to the time of the disbanding of the city;

             (b)  in payment of amounts owing to the province by the city; and

             (c)  in payment of the other just debts of the city rateably and without preference or priority.

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

1985 c15 s314

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Payment of receiver

   313. The receiver shall be paid out of the funds of the city the sum for his or her services and travelling and other expenses that the minister may determine.

1985 c15 s315

PART X
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2001 cM-20.2 s101

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Rep. by 2001 cM-20.2 s101

   426. [Rep. by 2001 cM-20.2 s101]

2001 cM-20.2 s101

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Rep. by 2001 cM-20.2 s101

   427. [Rep. by 2001 cM-20.2 s101]

2001 cM-20.2 s101

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Rep. by 2001 cM-20.2 s101

   428. [Rep. by 2001 cM-20.2 s101]

2001 cM-20.2 s101

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Rep. by 2001 cM-20.2 s101

   429. [Rep. by 2001 cM-20.2 s101]

2001 cM-20.2 s101

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Rep. by 2001 cM-20.2 s101

   430. [Rep. by 2001 cM-20.2 s101]

2001 cM-20.2 s101

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Rep. by 2001 cM-20.2 s101

   431. [Rep. by 2001 cM-20.2 s101]

2001 cM-20.2 s101

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Rep. by 2001 cM-20.2 s101

   432. [Rep. by 2001 cM-20.2 s101]

2001 cM-20.2 s101

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Rep. by 2001 cM-20.2 s101

   433. [Rep. by 2001 cM-20.2 s101]

2001 cM-20.2 s101

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Rep. by 2001 cM-20.2 s101

   434. [Rep. by 2001 cM-20.2 s101]

2001 cM-20.2 s101

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Rep. by 2001 cM-20.2 s101

   435. [Rep. by 2001 cM-20.2 s101]

2001 cM-20.2 s101

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Rep. by 2001 cM-20.2 s101

   436. [Rep. by 2001 cM-20.2 s101]

2001 cM-20.2 s101

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Rep. by 2001 cM-20.2 s101

   437. [Rep. by 2001 cM-20.2 s101]

2001 cM-20.2 s101

PART XI
OFFENCES

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General penalty

   438. A person who

             (a)  contravenes or fails to comply with this Act or a regulation or order made under this Act; or

             (b)  tears down, removes or damages a regulation, order or notice posted by the council

is guilty of an offence and liable on summary conviction, where no penalty is otherwise provided, to a fine not exceeding $1,000 or in default of payment to a period of imprisonment not exceeding 90 days, or to both a fine and imprisonment.

1985 c15 s440

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Continuing offence

   439. The conviction of a person under section 438 does not operate as a bar to further prosecution for the continued failure on the part of that person to comply with this Act, a regulation or an order.

1985 c15 s441

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Representation

   440. In all proceedings in a court of summary jurisdiction to which the council is a party, it may be represented by an employee of the council or by a councillor.

1985 c15 s442

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Prosecutions

   441. (1) Prosecutions for offences under this Act may be carried out by the council or its agents or a constable, notwithstanding section 76 of the Law Society Act, 1999.

             (2)  For the purposes of this section a constable includes a municipal enforcement officer and a regional police officer and a traffic officer under the Highway Traffic Act.

1985 c15 s443; 2006 c40 s4

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Disposition of fines

   442. (1) A fine recovered under this Act shall be forwarded by the court imposing the fine to the council.

             (2)  Where a fine imposed under subsection (1) is for a ticketable offence the council shall pay to the province an amount that the Minister of Justice may establish for every ticket processed by the province.

1985 c15 s444; 1995 cP-31.1 s53; 2012 c10 s3

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Schedule A

(Coat of Arms)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

1985 c15 Sch A

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Schedule B

[Rep. by 2006 c36 s2]

2006 c36 s2

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Schedule C

[Rep. by 2006 c36 s2]

2006 c36 s2

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