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Consolidated Newfoundland Regulation 1996


CONSOLIDATED NEWFOUNDLAND REGULATION 966/96

CONSOLIDATED NEWFOUNDLAND REGULATION 966/96

Municipalities Councillor Remuneration and
Reimbursement Regulations

under the
Municipalities Act
(O.C. 96‑171)

Under the authority of section 421 of the Municipalities Act and the Subordinate Legislation Revision and Consolidation Act, the Lieutenant‑Governor in Council makes the following regulations.

REGULATIONS

Analysis


        1.   Short title

        2.   Definitions

        3.   Remuneration of members

        4.   Percentage of fixed revenue

        5.   Method of remuneration

        6.   Attendance required

        7.   Reimbursement

        8.   Personal expenses

        9.   Claims

      10.   Repeal


Short title

        1. These regulations may be cited as the Municipalities Councillor Remuneration and Reimbursement Regulations.

255/88 s1

Definitions

        2. In these regulations

             (a)  "Act" means the Municipalities Act;

             (b)  "clerk" means a town clerk or community clerk appointed under the provisions of the Act;

             (c)  "council" means a town council or a community council continued or incorporated under the provisions of the Act; and

             (d)  "fixed revenue" means revenue raised from municipal taxes, grants in lieu and other assured revenues other than water and sewage subsidies paid by the province to a council.

255/88 s2

Remuneration of members

        3. A council may, by two‑thirds vote of the councillors as determined in accordance with section 13 or section 266 of the Act, pay an annual remuneration to the mayor, deputy mayor and councillors and shall fix the amount to be paid to each of them.

255/88 s3

Percentage of fixed revenue

        4. Notwithstanding section 3, the total remuneration payable shall not exceed the following percentages of the fixed revenue as contained in the approved budget for the fiscal year, in respect of which the remuneration is applicable:

             (a)  2% where the total fixed revenue is more than $1,000,000;

             (b)  3% but no more than $20,000 where the total fixed revenue is between $500,000 and $1,000,000;

             (c)  4% but no more than $15,000 where the total fixed revenue is between $250,000 and $500,000; and

             (d)  5% but no more than $10,000 where the total fixed revenue is less than $250,000.

255/88 s4

Method of remuneration

        5. (1) Remuneration paid under section 3 shall be paid quarterly by council cheque.

             (2)  A record of remuneration paid under section 3 shall be maintained by the clerk and a copy of that record shall be provided to the mayor, deputy mayor or councillor as required for income tax purposes.

255/88 s5

Attendance required

        6. (1) Notwithstanding section 5, a councillor shall not be entitled to be paid remuneration in any one quarter if he or she attends less than half of the regularly scheduled meetings held during that quarter but he or she shall be entitled to have the full amount of the annual remuneration made up at the end of the fiscal year if he or she has attended not less than half of the regularly scheduled meetings held during that year.

             (2)  Regularly scheduled meetings referred to in subsection (1) shall be those meetings scheduled annually by resolution of council and shall include regularly scheduled meetings held on a substitute date.

255/88 s6

Reimbursement

        7. A council may, by majority vote of the councillors as determined under section 13 or section 266 of the Act, reimburse a councillor in accordance with these regulations for personal expenses incurred in the conduct of municipal business previously authorized by the council.

255/88 s7

Personal expenses

        8. Notwithstanding section 7, the personal expenses for which a councillor may be reimbursed shall be as follows:

             (a)  for accommodation, the actual cost as verified by receipt up to a maximum amount to be fixed by council;

             (b)  for meals at a rate per meal to be fixed by council;

             (c)  for transportation

                      (i)  in the case of the use of a personal vehicle, at a rate per kilometre to be fixed by the council, and

                     (ii)  in the case of the use of other transportation, costs as verified by receipt;

             (d)  for loss of income, the actual loss of substantiated income when approved by council up to a maximum of $250 daily.

255/88 s8; 1/89 s1; 193/89 s1

Claims

        9. (1) A councillor may be reimbursed for expenses referred to in section 8 by submitting to the clerk a claim in the form that the council may prescribe.

             (2)  A claim submitted under subsection (1) shall be certified by the clerk and when approved by council shall be paid by council cheque.

255/88 s9

Repeal

      10. The Municipalities Councillor Remuneration and Reimbursement Regulations, 1988, Newfoundland Regulation 255/88, are repealed.