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SNL2016 CHAPTER E-15.1

EVACUATED COMMUNITIES ACT, 2016

Amended:

 

CHAPTER E-15.1

AN ACT RESPECTING THE RELOCATION OF CERTAIN COMMUNITIES IN THE PROVINCE

(Assented to December 14, 2016)

Analysis


       
1.   Short title

       
2.   Definitions

       
3.   Order

       
4.   Permits

       
5.   Regulations

       
6.   Retroactive effect

       
7.   Offence

       
8.   Transitional

       
9.   RSNL1990 cE-15 Rep.


Schedule


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

Short title

        1. This Act may be cited as the Evacuated Communities Act, 2016 .

2016 cE-15.1 s1

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Definitions

        2. In this Act

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

             (b)  "order" means an order made under section 3;

             (c)  "permit" means a permit issued under section 4; and

             (d)  "vacated community" means a community in which the majority of inhabitants have moved from the community with financial assistance from the province.

2016 cE-15.1 s2

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Order

        3. (1) The minister may by order declare a community to be a vacated community.

             (2)  An order made under subsection (1) shall be published in the Gazette .

2016 cE-15.1 s3

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Permits

        4. (1) A person shall not erect a building or occupy a building which he or she erects or another building in a vacated community listed in the Schedule except

             (a)  under a permit;

             (b)  for the purposes stated in the permit; and

             (c)  in accordance with the terms and conditions of the permit.

             (2)  The minister may issue a permit in writing to a person for the purpose of erecting or occupying a building in a vacated community listed in the Schedule.

2016 cE-15.1 s4

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Regulations

        5. (1) The minister may make regulations

             (a)  prescribing the form of a permit;

             (b)  prescribing the purposes for which a permit may be issued;

             (c)  prescribing the terms and conditions of permits; and

             (d)  generally, to give effect to the purpose of this Act.

             (2)  Different regulations may be made in respect of different vacated communities or in respect of the same vacated community in different circumstances.

2016 cE-15.1 s5

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Retroactive effect

        6. Regulations and orders made under this Act may be made with retroactive effect.

2016 cE-15.1 s6

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Offence

        7. A person who builds or occupies a building in a vacated community listed in the Schedule

             (a)  without a permit;

             (b)  for a purpose other than that stated in a permit; or

             (c)  in contravention of the terms and conditions of a permit

is guilty of an offence and liable upon summary conviction to a fine not exceeding $200 and in default of payment to imprisonment for a term not exceeding 6 months, or to both a fine and imprisonment.

2016 cE-15.1 s7

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Transitional

        8. On the coming into force of this Act, a valid permit issued under the Evacuated Communities Act shall continue to be valid as though it were a permit issued under this Act until the permit expires.

2016 cE-15.1 s8

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RSNL1990 cE-15 Rep.

        9. The Evacuated Communities Act is repealed.

2016 cE-15.1 s9

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Schedule

Big Brook

Grand Bruit

Great Harbour Deep

Petites

Round Harbour

2016 cE-15.1 Sch