Second Session, 44th General Assembly

49 Elizabeth II, 2000

BILL 17

AN ACT TO AMEND THE MUNICIPALITIES
ACT, 1999

Received and Read the First Time
Second Reading
Committee
Third Reading
Royal Assent

HONOURABLE JOAN MARIE AYLWARD

Minister of Municipal and Provincial Affairs

Ordered to be printed by the Honourable House of Assembly

 

EXPLANATORY NOTES

Clause 1 of the Bill would amend subsection 39(2) of the Municipalities Act, 1999 to clarify the manner in which a regional council may carry out certain actions.

Clause 2 of the Bill would amend a grammatical error that occurs in subsection 45(2) of the Act.

Clause 3 of the Bill would amend subsection 53(1) of the Act to add a word that was inadvertently omitted from that subsection.

Clause 4 of the Bill would repeal and replace paragraph 68(2)(a) of the Act to correct a typographical error.

Clause 5 of the Bill would amend section 74 of the Act by replacing the word "help" with the word "support".

Clause 6 of the Bill would amend subsection 127(1) of the Act to indicate that certain persons are not liable to pay a poll tax. Presently the subsection indicates that these people are exempt from that tax.

Clause 7 of the Bill would amend subsections 128(1) and (3) of the Act to replace the word "deliver" with the word "give". This would reflect the wording in section 406 of the Act that applies to these subsections.

Clause 8 of the Bill would correct a typographical error in subsection 129(4) of the Act.

Clause 9 of the Bill would amend subsection 137(2) of the Act by replacing the word "sufficient" with the word "made".

Clause 10 of the Bill would correct a grammatical error in paragraph 206(1)(f) of the Act.

Clause 11 of the Bill would correct a grammatical error in subsection 225(1) of the Act.

Clause 12 of the Bill would amend section 286 of the Act by adding a new subsection (4) that would permit councillors who, as a consequence of non-payment of taxes, had their seats vacated on the commencement of the Act, to run for office in the next municipal elections held in the province. Under the present section 286 these councillors would be precluded from running for election for 2 years.

 

A BILL

AN ACT TO AMEND THE MUNICIPALITIES
ACT, 1999

Analysis

      1. S.39 Amdt.
      Ancillary powers

      2. S.45 Amdt.
      Election of chairperson

      3. S.53 Amdt.
      Manager

      4. S.68 Amdt.
      Dismissal

      5. S.74 Amdt.
      Training

      6. S.127 Amdt.
      Exemption from poll tax

      7. S.128 Amdt.
      Employer's duty

      8. S.129 Amdt.
      Direct sellers tax

      9. S.137 Amdt.
      Notice of arrears

      10. S.206 Amdt.
      Vacancies

      11. S.225 Amdt.
      Compensation

      12. S.286 Amdt.
      Qualifications

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

SN1999 cM-24
as amended


 1. Subsection 39(2) of the Municipalities Act, 1999 is amended by adding immediately after the word "may" a comma and the words and comma "by order,".


 


 2. Subsection 45(2) of the Act is amended by deleting the word "done" and substituting the words "carried out".


 


 3. Subsection 53(1) of the Act is amended by adding immediately before the word "manager", the first time it appears, the word "town".


 


 4. Paragraph 68(2)(a) of the Act is repealed and the following substituted:

      (a) a written notice of the meeting signed by the councillors intending to make and second the motion is deposited with the clerk, mayor or chairperson; and

       

5. Section 74 of the Act is amended by deleting the word "help" and substituting the word "support".


 


 6. Subsection 127(1) of the Act is amended by deleting the words "are exempt from" and substituting the words "are not liable for".


 


 7. Subsections 128(1) and (3) of the Act are amended by deleting the word "deliver" wherever it appears and substituting the word "give".


 


 8. Subsection 129(4) of the Act is amended by deleting the words and numbers "sections 121 and 123" and substituting the words and numbers "section 121 or 123".


 


 9. Subsection 137(2) of the Act is amended by deleting the word "sufficient" and substituting the word "made".


 


 10. Subparagraph 206(1)(f)(i) of the Act is amended by deleting the word "and" and substituting the word "or".


 

 


 11. Subsection 225(1) of the Act is amended by deleting the phrase "make compensation to" and substituting the phrase "compensate".


 


 12. Section 286 of the Act is amended by adding immediately after subsection (3) the following:

(4) Notwithstanding subsection (3), where, after the coming into force of this Act, a councillor's seat was vacated under paragraph 206(1)(e), that councillor may be nominated as a councillor and is eligible for election in the first general election of councillors held after the coming into force of this Act.

 

ŠEarl G. Tucker, Queen's Printer