47

 


First Session, 48th General Assembly

65 Elizabeth II, 2016

BILL 47

AN ACT RESPECTING THE RELOCATION OF CERTAIN COMMUNITIES IN THE PROVINCE

Received and Read the First Time.................................................................................................

Second Reading.................................................................................................................................

Committee..........................................................................................................................................

Third Reading.....................................................................................................................................

Royal Assent......................................................................................................................................

HONOURABLE EDDIE JOYCE

Minister of Municipal Affairs

Ordered to be printed by the Honourable House of Assembly

 

 

EXPLANATORY NOTES

This Bill would repeal and replace the Evacuated Communities Act.

The Bill would continue to provide a mechanism for the minister to declare a community to be a vacated community. However, permits to erect or occupy a building in a vacated community would only be required in those communities listed in the Schedule to the Act.

A BILL

AN ACT RESPECTING THE RELOCATION OF CERTAIN COMMUNITIES IN THE PROVINCE

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.

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.

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.

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.

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.

Retroactive effect

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

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.

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.

RSNL1990 cE-15 Rep.

9. The Evacuated Communities Act is repealed.


Schedule

Big Brook

Grand Bruit

Great Harbour Deep

Petites

Round Harbour