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Newfoundland Regulation 1996


NEWFOUNDLAND REGULATION 9/96

NEWFOUNDLAND REGULATION 9/96

Fogo Island Region Order
under the
Municipalities Act
(O.C. 95‑581)

(Filed February 6, 1996)

Under the authority of sections 304, 311, 316 and 317 of the Municipalities Act, the Lieutenant‑Governor in Council makes the following Order.

Dated at St. John's, November 28, 1995.

A. Faour
Deputy Clerk of the Executive Council

ORDER

Analysis


        1.   Short title

        2.   Region established

        3.   Boundary

        4.   Authorities and responsibilities of council

        5.   Other powers of council

        6.   Assumption of assets and liabilities

        7.   Composition

        8.   Representation on council

        9.   Other election permitted

      10.   Commencement


Short title

        1. This Order may be cited as the Fogo Island Region Order.

Region established

        2. All towns, communities, local service districts and other settlements located on the island commonly known as Fogo Island are established as a region to be known as Fogo Island Region.

Boundary

        3. The boundary of the Fogo Island Region is the entire area commonly known as Fogo Island Region.

Authorities and responsibilities of council

        4. The Fogo Island Regional Council shall assume the following authorities and responsibilities:

             (a)  all of the powers of a municipal council in the unincorporated areas of the region;

             (b)  the construction and operation of regional solid waste disposal sites;

             (c)  the provision of dog and other animal control;

             (d)  the provision of auxiliary fire protection and fire fighting services including the coordination and administration of mutual aid agreements, joint training exercises, supplementary specialized equipment and those other activities in this area which may enhance these services throughout the region;

             (e)  the construction and operation of regional recreation facilities;

              (f)  the provision, subject to the Urban and Rural Planning Act, of regional planning, local area planning in unincorporated areas, joint planning and development control along protected roads, in protected areas and other designated areas within the region; and

             (g)  the provision, by agreement with the municipalities in the region, subject to the recovery of the full cost from the municipalities of:

                      (i)  contract services,

                     (ii)  tax billing and collection services,

                    (iii)  engineering services,

                    (iv)  management consulting services,

                     (v)  data processing, and

                    (vi)  other technical and administrative services that may be required by municipalities.

Other powers of council

        5. The Fogo Island Regional Council shall, with discretion and as far as possible through negotiation and by mutual agreement, exercise the following ancillary power as prescribed by subsection 316(2) of the Municipalities Act:

             (a)  may acquire any of the fixed assets of the municipalities necessary for the exercise of the powers of the regional council, without compensation but including the assumption of the liabilities and obligations associated with these assets; or

             (b)  may require towns and communities in the region to connect to and use regional services.

Assumption of assets and liabilities

        6. The Fogo Island Regional Council shall assume the assets and liabilities of

             (a)  the local service districts of Deep Bay, Island Harbour and Stag Harbour;

             (b)  the Fogo Island Incinerator Committee, and any other related body, as may be necessary for the purpose of assuming control, responsibility and authority for regional solid waste management;

             (c)  the Fogo Island Rural Development Association as related to the central area softball field which is operated by the Fogo Island Development Association, under negotiation and upon payment of reasonable compensation; and

             (d)  the Fogo Island Stadium Committee.

Composition

        7. The Fogo Island Region shall be controlled and managed by a regional council comprised of 9 members, 6 of whom shall be appointees from the municipalities within the region and 3 of whom shall be ward members elected to represent the local service districts and the unincorporated area of the region.

Representation on council

        8. Representation on the regional council shall be as follows:

             (a)  Town of Joe Batt's Arm‑Barr's Islands‑Shoal Bay, 2 persons;

             (b)  Town of Fogo, 2 persons;

             (c)  Town of Seldom‑Little Seldom, one person;

             (d)  Community of Tilting, one person;

             (e)  Stag Harbour Ward, one person;

              (f)  Island Harbour Ward, one person; and

             (g)  Deep Bay‑Centre of the Island Ward, one person.

Other election permitted

        9. Notwithstanding the effective date of this Order as prescribed by section 9, an election to provide representation on the regional council for residents outside of the municipalities referred to in section 8, shall be held on a prior date as determined by the Minister of Municipal and Provincial Affairs.

Commencement

      10. This Order shall come into force on March 1, 1996.