This is an official version.

Copyright 2000: Queen’s Printer,
St. John's, Newfoundland, Canada

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Statutes of Newfoundland 1999


CHAPTER M - 24

AN ACT RESPECTING MUNICIPALITIES

(Assented to May 27, 1999)

Analysis

1. Short title

2. Interpretation

PART I
TOWNS

3. Incorporation of towns

4. Assessment of needs

5. Names of towns

6. Order respecting assets and liabilities

7. Existing towns

8. Publication of orders

9. Feasibility report

10. Notice of intent

11. Reduction or increase in area

12. Establishment of town council

13. Number of councillors

14. Wards

15. Corporate status

16. First election

17. Mayor's election

18. Election of mayor and deputy

19. Vacancy re mayor

20. Mayor and deputy mayor status

21. Duties

22. Presiding officer

23. First meeting

24. Meetings

25. Committees

PART II
REGIONS

26. Establishment of regions

27. Names

28. Order respecting assets and liabilities

29. Existing regions

30. Publication

31. Feasibility report

32. Notice of intent

33. Reduction in area

34. Prescribed powers

35. Potential powers

36. Application of Act to regional councils

37. Local service areas

38. Advisory committees

39. Ancillary powers

40. Establishment of council

41. Number of councillors

42. Wards

43. Status of council

44. First election

45. Election of chairperson

46. Vacancy re chairperson

47. Chairperson's and deputy's status

48. Duties

49. Authority of council

50. Presiding officer

51. Frequency of meetings

52. Committees

PART III
ADMINISTRATION AND STAFF

53. Manager

54. Duties

55. Overall power of council

56. Attendance at meetings

57. Use of employees

58. Expenditures

59. Clerk

60. Oaths and affirmations

61. Duties

62. Clerk to attend meetings

63. Departments

64. Department heads

65. Positions

66. Salaries

67. Suspension

68. Dismissal

69. Retirement

70. Employment, etc.

71. Bonding

72. Pension scheme

73. Group insurance

74. Training

PART IV
FINANCE

75. Financial year

76. Bank account

77. Annual budgets

78. Balanced budget

79. Contents of budget

80. Revised budget

81. Effect of town budget

82. Ministerial approval

83. Effect of regional budget

84. Partnership budgeting

85. Books of account

86. Financial statement

87. Appointment of auditor

88. Appointment by minister

89. Waiving of audit

90. Auditor's powers

91. Auditor's report

92. Time of completion and interim report

93. Current account borrowing

94. Long term borrowing

95. Currency

96. Unauthorized expenditure

97. Certificate

98. Signature of mayor, chairperson

99. Powers of expenditure

100. Guaranteed loans expenditure

101. Imposition of taxes

102. Imposition of service charge

103. Tax payment

104. Effect of extensions

105. First year

106. Duration

107. Interest on arrears

108. Discount allowed

109. Publication

110. Proof of tax or service charge

111. Exemption and remission

PART V
TAXATION

112. Real property tax

113. Rate of tax

114. Minimum tax

115. Occupier considered owner

116. Tenant of tax exempt property

117. Representative capacity

118. Tax exempt property

119. Supplementary assessment

120. Business tax

121. Gross revenue and assessed value business tax

122. Gross revenue

123. Rate where property tax

124. Variation of rate

125. Minimum business tax

126. Poll tax

127. Exemption from poll tax

128. Employer's duty

129. Direct sellers tax

130. Water and sewage tax

131. Method of taxation

132. Disconnection of service

133. Collection as civil debt

134. Lien

135. Occupied residential property

136. Tax certificate

137. Notice of arrears

138. Right of mortgagee

139. Direction to sell

140. Advertisement

141. Sale by auction

142. Further notice of sale

143. Sale set aside

144. Tax payment from proceeds

145. Failure to pay

146. Future assessments

147. Vesting of property

148. Seizure of rentals

PART VI
ASSESSMENTS AND LEVIES

149. Assessments and levies

150. Method

151. Agricultural land

152. Non-discriminatory

153. Payment

154. Lien

155. Collection as civil debt

PART VII
SERVICES

156. Water and sewage systems

157. Acquisition of private systems

158. Right of entry

159. Right to construct

160. Council to give notice

161. Diversion of watercourses

162. Compensation for injurious affection

163. Ownership of highways

164. Private roads

165. Construction

166. Closing

167. Acquisition of property

168. Removal of projections

169. Parking lots

170. Lighting

171. Names and numbering

172. Removal of vehicles

173. Movement of vehicles

174. Recreational facilities

175. Grants and loans

176. Collection, etc. of waste

177. Charges

178. Removal of waste

179. Municipal enforcement officers

180. Agreements re policing

181. Powers and duties

182. Agreement re jails

183. Fire department

184. Agreements

185. Fire spread prevention

186. Right re traffic

187. Power to enter building

188. Other fire department

189. Prohibition

190. Public transportation system

191. Public libraries

192. Cemeteries

PART VIII
CONTROLS

193. Minimum lot size

194. Building prohibition

195. Water and sewage prohibition

196. Storm drainage

197. Signs

198. Sales from vehicles and stands

199. Place of entertainment prohibition

200. Heritage areas

201. Property acquisition

202. Business improvement areas

203. Economic development

204. State of emergency

PART IX
COUNCIL MATTERS

205. Remuneration and expenses

206. Vacancies

207. Conflict of interest

208. Disclosure

209. Decision of council

210. Disclosure statement

211. Quorum

212. Voting

213. Privileged meetings

214. Public tenders

215. Inspection of documents

216. Copies of documents

217. Authentication of documents

218. Agent

219. Joint ventures

220. Plebiscites

221. Private services

PART X
EXPROPRIATION

222. Expropriation

223. Right of entry

224. Method of expropriation

225. Compensation

226. Board of assessors

227. Agreement on compensation

228. More than one owner

229. Oath or affirmation

230. Assessors

231. Appeal

232. Technical objection

233. Time of award

234. Compensation

235. Leasehold interest

236. Transfer of land

237. Costs

238. Abandonment

239. Fees

240. Register

241. Notice

242. Registration of notice

243. Duty to provide title

244. Payment into court

245. Payment out of court

246. Sale of expropriated land

PART XI
ADMINISTRATION AND RECEIVERSHIP

247. Appointment of comptroller

248. Expenditures where comptroller

249. Ministerial direction

250. Appointment of administrator

251. Retirement of council

252. Powers of administrator

253. Duty of officers

254. Budget

255. Local committee

256. Appointment of officers

257. Realization of assets

258. Books of account and records

259. Status of regulations

260. Remuneration of administrator

261. Restoration of status

262. Receivership

263. Effect of order

264. Duty of officers

265. Powers of receiver

266. Books of account and records

267. Application of money

268. Payment of receiver

PART XII
ELECTION PROCEDURES

269. Interpretation

270. Presence of agents

271. General elections

272. By-elections

273. Special elections

274. Oath of office

275. Term of office

276. Filling vacancies

277. First election

278. Returning officer

279. Where one poll

280. Polling divisions

281. Wards

282. Absence of DRO

283. Ineligible persons

284. Nominations

285. Notice

286. Qualifications

287. Nomination procedure

288. Declaration of qualification

289. Illness of candidate

290. Deposit

291. Notice of candidates

292. Acclamation

293. Grant of poll

294. Voters

295. Place of voting

296. Prohibition

297. Residency

298. Oath or affirmation of voters

299. Advance poll

300. Notice of advance poll

301. Conduct of advance poll

302. Voters at advance poll

303. Record of advance poll

304. Impeditive voter

305. Ballot papers

306. Election materials

307. Directions for voters

308. Voter's lists

309. Publication of lists

310. Correction on list

311. Effect of list

312. Use of list

313. Opening and close of poll

314. Employees time to vote

315. Compartments

316. Who may be present

317. Maintaining order

318. Ballot box exhibited

319. Oaths or affirmations

320. Confirmation of name

321. Noting of objections

322. Noting of oath or affirmation

323. Refusal to take oath or affirmation

324. Delivery of ballot paper

325. How proxy votes

326. Explanation of voting procedure

327. Initialling of ballot paper

328. Voting

329. Removal of ballot paper

330. Failure to deposit

331. Disabled voter

332. Voting in hospitals, etc.

333. Spoiled ballot

334. Counting of ballots

335. Rejected ballots

336. Ballots found not initialled

337. Objections

338. Accounts of ballots

339. Election report

340. Oath or affirmation of poll clerk

341. Disposition of documents

342. Delivery of ballot box

343. Sealing ballot boxes

344. Declaration of result

345. Tie vote

346. Report

347. Prohibition

348. Prohibition

349. Request for recount

350. Recount

351. Provincial Court judge recount

352. Declaration of result

353. Election expenses

354. Petitions

355. Petition re no return

356. Returning officer respondent

357. Joining of respondents

358. Form of petition

359. Limitation period

360. Amendment of petition

361. Petition re no return

362. Counter petition

363. Presentation of petition

364. Security for costs

365. Service of petition

366. Preliminary objections

367. Answer

368. Time of trial

369. Notice of trial

370. Adjournment of trial

371. Judge's certificate

372. Report where corrupt practices

373. Invalidation of election

374. Special case stated

375. Charge of corrupt practice

376. Ministerial action

377. Consolidation of petitions

378. Withdrawal of petition

379. Abatement of petition

380. Substituted petitioners

381. Taxation of costs

382. Legal proceeding questions

383. Procedure

384. Corrupt practices

385. Effect of mistakes

386. Corrupt practices

PART XIII
LOCAL SERVICE DISTRICTS

387. Local service district

388. Publication of order

389. Status of district

390. Committee

391. Status of committee

392. Water supply

393. Sewage

394. Nuisance

395. Fire protection

396. Other fire department and liability

397. Garbage collection

398. Street lighting

399. Other services

400. Borrowing powers

401. Fee for service

402. Representation

403. Expropriation

PART XIV
ORDERS AND PERMITS

404. Council orders

405. Council order re: emergency

406. Service

407. Permits

PART XV
APPEALS AND REMEDIES

408. Appeal

409. Appeal

410. Appeal to Trial Division

411. Liability of councillors

412. Civil debt and injunctive relief

PART XVI
REGULATIONS

413. Adoption of regulations

414. Council regulations

415. Ministerial regulations

416. Lieutenant-Governor in Council regulations

417. Local service district regulations

418. Fees and forms

PART XVII
OFFENCES AND PENALTIES

419. Offence

420. Penalty

421. Prosecutions

PART XVIII
REPEAL AND COMMENCEMENT

422. Repeal

423. Commencement

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 Municipalities Act, 1999.

Interpretation

2. (1) In this Act

(a) "administrator" means an administrator or a commission of administration appointed under section 250;

(b) "building" includes those structures commonly known as mobile homes or trailers that are adopted as residences, shops, offices or for other similar uses;

(c) "business" includes

(i) a commercial, merchandising or industrial activity or undertaking,

(ii) a profession, trade, occupation, calling or employment,

(iii) an activity which provides goods or services, and

(iv) a credit union, co-operative, corporation, sole proprietorship or association of persons,

whether or not it is for profit;

(d) "city" means a city incorporated under the City of Corner Brook Act, City of Mount Pearl Act and the City of St. John's Act;

(e) "clerk" means a town clerk or a regional clerk as the context may require;

(f) "council", unless the context indicates otherwise, means a town council continued or incorporated under this Act and a regional council continued or incorporated under this Act;

(g) "councillor" includes a mayor and a councillor of a town council and a chairperson and councillor of a regional council;

(h) "court" means, unless the context indicates otherwise, the Provincial Court of Newfoundland;

(i) "department" means the department presided over by the minister;

(j) "election" includes a by-election and a special election called under this Act;

(k) "firefighter" means a full-time or part-time employee of a fire department or a volunteer member of a fire department whether or not a volunteer receives consideration or an honorarium for his or her services;

(l) "highway" means a highway as defined in the Highway Traffic Act;

(m) "manager" means a town manager or a regional manager as the context may require;

(n) "minister" means the minister responsible for the administration of this Act under the Executive Council Act;

(o) "monetary interest" means an interest or benefit

(i) consisting of money, exacted in money, relating to money or of which money is the object,

(ii) capable of being measured by its financial value, cost, benefit, advantage or disadvantage, or

(iii) affecting or potentially affecting a person's financial position or worth, his or her assets or asset value but does not include remuneration or a benefit to which a councillor is entitled under this Act;

(p) "municipality" includes a town and a region;

(q) "parking lot" includes a parking garage;

(r) "place of entertainment" includes a theatre, cinema, amusement premises, concert hall, pool hall, circus, race course, baseball park, athletic ground, fair ground, skating rink, dance hall, a place where there are coin operated games or a hotel, restaurant, club or café in which facilities are supplied for and used by the public for dancing or other forms of entertainment and other places that a council may declare to be a place of entertainment;

(s) "real property" means land or an interest arising from land and includes land under water and buildings, structures, improvements, machinery, equipment and fixtures erected or placed upon, in, over or under land and affixed to land;

(t) "region" means an area continued or incorporated under this Act as a region;

(u) "regional council" means a council of a region;

(v) "town" means an area continued or incorporated under this Act as a town; and

(w) "town council" means a council of a town.

(2) All docks, quays, wharves and structures touching the boundaries of a municipality and all ships attached either permanently or temporarily to a dock, quay, wharf, ship or structure shall be considered to be within and to be a part of the municipality.

PART I
TOWNS

Incorporation of towns

3. (1) The Lieutenant-Governor in Council may, by order, on the recommendation of the minister and subject to a feasibility study being prepared under section 9,

(a) incorporate an area in the province as a town;

(b) amalgamate towns and annex areas to towns;

(c) establish and alter boundaries of towns; and

(d) disincorporate a town.

(2) An order made under subsection (1) shall have effect from a date which may be stated in the order and that date may be earlier or later than the date on which the order is made.

(3) An order made under subsection (1) may provide that for the purpose of an election of a council in an area affected by an order, the order may have effect on a different date than for other purposes.

Assessment of needs

4. (1) The minister

(a) shall appoint persons to assess the special needs of a municipality or an area with respect to an amalgamation; or

(b) may appoint persons to assess the special needs of a municipality with respect to an annexation,

under paragraph 3(1)(b) and those persons shall recommend to the minister the appropriate actions to be carried out upon that amalgamation or annexation.

(2) The persons appointed under subsection (1) shall be representatives from the municipalities or areas affected by the amalgamation or annexation and from the department.

(3) The minister may establish the terms of reference for an assessment carried out by persons appointed under subsection (1).

Names of towns

5. (1) Upon the incorporation of a town, the Lieutenant-Governor in Council may, by order, establish the name of that town.

(2) The minister may, by order, change the name of a town.

Order respecting assets and liabilities

6. Notwithstanding paragraph 11(1)(c), in an order annexing an area to a town or amalgamating towns, the Lieutenant-Governor in Council may provide for the adjustment of assets and liabilities between areas and towns affected by the order.

Existing towns

7. A town continued or constituted under the Municipalities Act is continued as a town under this Act.

Publication of orders

8. In addition to the requirements for publication in the Gazette under the Statutes and Subordinate Legislation Act, an order made under this Part shall be published by the minister in a newspaper having general circulation in the area affected by the order, where there is a newspaper in the area, and by public notice posted up in the area.

Feasibility report

9. (1) The minister shall order the preparation of a feasibility report in the required form before making a recommendation for an order of the Lieutenant-Governor in Council under section 3.

(2) The minister shall appoint a committee of at least one and not more than 3 persons to prepare the feasibility report.

(3) The minister may, where he or she considers it necessary, appoint a chairperson for the committee from among those persons appointed under subsection (2).

(4) The persons appointed under subsection (2) have the powers of a commissioner under the Public Inquiries Act.

(5) The committee shall, before preparing a feasibility report under this section, hold a public hearing with respect to a proposed order under subsection 3(1) and shall, where reasonable, hold the hearing in the affected area.

(6) Notwithstanding subsection (5), where the committee specifies that a written or oral submission is to be made by a specified date before a public hearing, and where a written or oral submission is not made by that date, the minister may cancel that public hearing and a further public hearing shall not be required.

(7) Where a feasibility report is ordered prepared under subsection (1) as a result of the request of a municipality or an unincorporated area, the cost of that preparation and the feasibility study required to produce the report shall be a cost of that municipality or unincorporated area.

Notice of intent

10. Before ordering the preparation of a feasibility report under section 9, the minister shall publish a notice of his or her intent to make that order in a newspaper having general circulation in the area affected by the feasibility report, where there is a newspaper in the area, and by public notice posted up in the area.

Reduction or increase in area

11. (1) Where an order is made under section 3 reducing the area of a town,

(a) a councillor who lives in the area that was taken out of the town by the order stops being a councillor when the order comes into effect;

(b) the minister may order the reduction of the number of persons to serve as councillors to be effective when the term of office of the councillors then serving expires, and where a vacancy occurs in the office of councillor before that term expires, the vacancy shall not be filled, unless the number of councillors is then below the number fixed by the order;

(c) all assets of the council may be retained by it, except highways, lanes, sidewalks, bridges and other public ways in the area taken out of the town and the council may dispose of those assets for the consideration and upon the terms that it considers appropriate; and

(d) the council may collect money due to it and take legal action, where the right to that money arose before the order came into effect, as if the order had not been made.

(2) Where an order is made increasing the area of a town,

(a) the minister may, by order, increase the number of persons to serve as councillors, effective as of the date of the order;

(b) all highways, lanes, sidewalks, bridges and other public ways in the area taken into the town shall become the property of that town; and

(c) the minister may, in accordance with section 6, make an order that he or she considers necessary.

Establishment of town council

12. The Lieutenant-Governor in Council shall, by order, constitute a town council for a town established under this Act to control and manage the town in accordance with this Act.

Number of councillors

13. A town council shall consist of not fewer than 5 nor more than 9 persons as prescribed by the minister.

Wards

14. (1) Where a town is first constituted, the minister may, by order, divide a town into 2 or more wards, define the boundaries of those wards and fix the number of councillors to be elected for each ward.

(2) A town council may, by a 2/3 vote of the councillors in office, divide its town into 2 or more wards, define the boundaries of those wards and fix the number of councillors to be elected for each ward.

(3) A town council may, by a 2/3 vote of the councillors in office, vary or repeal the wards and their boundaries established under subsections (1) and (2).

(4) Notwithstanding subsections (1), (2) and (3), where the minister or a town council fixes the number of councillors to be elected for each ward, the minister or council shall also fix the number of councillors to be elected at large and the number of councillors elected at large shall be not less than the total number of councillors elected for the wards plus one councillor.

Corporate status

15. A town council is a corporation.

First election

16. The first council of a town established under section 3 shall be elected on a date fixed by the minister.

Mayor's election

17. (1) The minister may direct that there be a separate election of the mayor in the first election of a town council or where an election of council has been ordered by him or her.

(2) A town council may by a 2/3 vote of the councillors in office, provide for the election of the mayor by a separate election, and may in the same manner change that decision, or a direction made by the minister under subsection (1).

(3) Where a person is not nominated for the post of mayor as provided for under subsection (1) or (2), a mayor may be elected by the councillors as if a provision had not been made for the separate election of the mayor.

(4) Where a person is not nominated for the position of mayor and a mayor is elected by the councillors under subsection (3), the person who receives the next highest number of votes to the person who was elected with the least number of votes shall be considered to be elected to the town council.

Election of mayor and deputy

18. (1) At the first meeting held following the first election and each general election the councillors shall

(a) where there has not been a separate election for mayor, elect one councillor to be mayor; and

(b) elect one councillor to be deputy mayor.

(2) An election under subsection (1) shall be conducted by the town clerk or returning officer and shall be done by a secret ballot of councillors.

Vacancy re mayor

19. (1) Where a vacancy occurs in the office of a mayor who was originally elected in a separate election, the town council shall fill that vacancy by

(a) having the deputy mayor assume the office of mayor for the remainder of the elected mayor's term; or

(b) having the deputy mayor assume the office of mayor until a by-election is held to fill the vacant position of mayor; or

(c) electing, by secret ballot, from among the remaining members of council, a person to assume the office of mayor for the remainder of the originally elected mayor's term.

(2) A councillor who wishes to run for election as mayor in a by-election referred to in paragraph (1)(b) shall resign as a councillor before running for election as mayor.

(3) Where a vacancy occurs in the office of a mayor who was originally elected by the town council, that vacancy shall be filled in accordance with paragraph (1)(a) or (c).

Mayor and deputy mayor status

20. (1) The mayor is the presiding officer of the town council and is the official head of the town for all ceremonial purposes.

(2) In the absence or incapacity of the mayor, the deputy mayor has the powers and shall exercise the duties of the mayor.

Duties

21. (1) The mayor

(a) shall make all reasonable efforts to ensure that the laws of the town are executed and obeyed and shall advance the aims of the town council; and

(b) shall exercise the powers and perform the duties that may be conferred or imposed upon him or her by the town council or under the Act.

(2) Notwithstanding subsection (1), the mayor is subject to the direction and control of the town council and shall abide by decisions of the town council.

(3) A town councillor is subject to the direction and control of the town council and shall abide by the decisions of the town council.

Presiding officer

22. (1) The mayor, and in his or her absence, the deputy mayor shall preside at all meetings of the town council.

(2) Where both the mayor and deputy mayor are absent from a meeting, the other councillors shall appoint a temporary chairperson who may exercise the powers and carry out the duties of the mayor at the meeting.

(3) The mayor or other person presiding at a meeting of a town council may, when he or she speaks on a subject, be replaced as the presiding person by the deputy mayor or temporary chairperson for the time during which the mayor or presiding person is speaking.

First meeting

23. (1) The first meeting of a town council following a general or special general election shall be called by the town clerk or the returning officer within 14 days of the election.

(2) Notwithstanding subsection (1), where an order made under section 3 contains a provision respecting the date on which a town council shall take office, the first meeting of the council shall be called by the town clerk or the returning officer within 14 days of that date.

Meetings

24. (1) The mayor or 2 councillors shall request that the town clerk call and there shall be held, at least once a month, a meeting of the town council to which the public shall be admitted.

(2) A meeting called and held under subsection (1) shall be for the dispatch of general business.

(3) A town council shall adopt rules of procedure for its meetings.

(4) The minister may provide a model set of rules of procedure that town councils may adopt or vary.

Committees

25. (1) A town council may establish the standing or special committees that it considers desirable to consider and make recommendations on matters referred to them by the council.

(2) A town council may appoint persons to serve on a committee established under subsection (1) and where a council does not appoint persons to a committee, the mayor shall appoint those persons.

PART II
REGIONS

Establishment of regions

26. (1) The Lieutenant-Governor in Council may, by order, on the recommendation of the minister and subject to a feasibility report being prepared under section 31,

(a) establish an area in the province as a region;

(b) amalgamate regions and annex areas to regions;

(c) establish and alter boundaries of regions; and

(d) disestablish a region.

(2) An order made under subsection (1) shall have effect from a date that may be stated in the order, and that date may be earlier or later than the date on which the order is made.

(3) An order made under subsection (1) may provide that for the purpose of an election of a regional council in an area affected by an order, the order may have effect on a different date than for other purposes.

(4) Section 4 applies, with the necessary changes, to a region amalgamated or annexed under this section.

Names

27. (1) Upon the incorporation of a region, the Lieutenant-Governor in Council may, by order, establish the name of that region.

(2) The minister may, by order, change the name of a region.

Order respecting assets and liabilities

28. Notwithstanding paragraph 33(c), in an order made establishing a region, annexing an area to a region or amalgamating regions, the Lieutenant-Governor in Council may provide for the adjustment of assets and liabilities between the cities, towns and regions affected by the order.

Existing regions

29. A region continued or constituted under the Municipalities Act is continued as a region under this Act.

Publication

30. In addition to the requirements for publication in the Gazette under the Statutes and Subordinate Legislation Act, an order made under this Part shall be published by the minister in a newspaper having general circulation in the area affected by the order, where there is a newspaper in that area, and by public notice posted up in the area.

Feasibility report

31. (1) The minister shall order the preparation of a feasibility report in the required form before making a recommendation for an order of the Lieutenant-Governor in Council under section 26.

(2) The minister shall appoint a committee of at least one and not more than 3 persons to prepare the feasibility report.

(3) The minister may, where he or she considers it necessary, appoint a chairperson for the committee from among those appointed under subsection (2).

(4) The persons appointed under subsection (2) have the powers of a commissioner under the Public Inquiries Act.

(5) The committee shall, before preparing a feasibility report under this section, hold a public hearing in all cases under subsection 26(1) and shall, where reasonable, hold the hearing in the affected area.

(6) Notwithstanding subsection (5), where the committee specifies that a written or oral submission is to be made by a specified date before a public hearing, and where a written or oral submission is not made by that date, the minister may cancel that public hearing and a further public hearing shall not be required.

(7) Where a feasibility report is ordered prepared under subsection (1) as a result of the request of a region or unincorporated area, the cost of that preparation and feasibility study required to produce the report shall be a cost of that region or unincorporated area.

Notice of intent

32. Before ordering the preparation of a report under section 31, the minister shall publish a notice of his or her intent to make that order in a newspaper having general circulation in the area affected by the feasibility report, where there is a newspaper in that area, and by public notice posted in the area.

Reduction in area

33. Where an order is made under section 31 reducing the area of a region,

(a) a councillor who lives in the area that was taken out of the region by the order stops being a councillor when the order comes into effect;

(b) the minister may order the reduction of the number of persons to serve as councillors effective when the term of office of the councillors then serving expires, and where a vacancy occurs in the office of councillor before that term expires, the vacancy shall not be filled, unless the number of councillors is then below the number fixed by the order;

(c) all assets of the regional council may be retained by it, except highways, lanes, sidewalks, bridges and other public ways in the area taken out of the region and the regional council may dispose of those assets for the consideration and upon the conditions that it considers appropriate; and

(d) the regional council may collect money due to it and take legal action where the right to that money arose before the order came into effect, as if the order had not been made.

Prescribed powers

34. (1) The Lieutenant-Governor in Council may, by order, subject to a feasibility report being made under section 31, designate powers that a regional council shall exercise for the entire region or a portion of the region governed by the regional council and those powers shall be from among those set out in section 35 as the Lieutenant-Governor in Council considers advisable in the circumstances.

(2) Where powers are designated under subsection (1), those powers stop being the responsibility of a city, town, local service district committee, or other body which performed the designated power before the order, and the regional council assumes those powers and may exercise them in accordance with the Act establishing that body as if it were the body described in that Act.

Potential powers

35. The powers that may in whole or in part be designated under section 34 are

(a) the construction and operation of regional water supply systems, regional sewage disposal systems, regional storm drainage systems and regional solid waste disposal sites, including facilities designated in the order as regional facilities, and the charging of user fees on cities or municipalities benefited by those facilities;

(b) the provision of regional police services, ambulance services, animal and dog control, and other similar services within the region as may be prescribed;

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

(d) the undertaking of another municipal function that a municipality or city performs or is permitted to perform under this Act by agreement with municipalities or cities subject to the recovery of the full cost from the municipality or city; and

(e) the provision, by agreement with municipalities or cities, subject to the recovery of the full cost from the municipality or city, 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.

Application of Act to regional councils

36. Parts V, VI, VII, VIII, X, XII and XIV and section 414 apply to a region and to a regional council only with respect to those areas of a region under the jurisdiction of that council which are not a city or a town.

Local service areas

37. In addition to the powers set out in section 36 the regional council may establish local service areas which are outside the jurisdiction of towns and cities within the region, and may prescribe and alter the boundaries of those local service areas.

Advisory committees

38. (1) Where a local service area is established under section 37, the regional council may

(a) provide for an advisory committee to be elected by public meeting from among the voters in the local service area;

(b) establish the size and, by regulations, the procedures of advisory committees;

(c) establish terms of reference for an advisory committee including the right to recommend

(i) on the application of provincial grants received with respect to the local service area,

(ii) on the provision of services in the local service area requiring additional taxes, rates or charges,

(iii) on local planning and development control, and

(iv) on other matters relating to local government in the local service area; and

(d) vary the amounts of taxes, rates and charges between different local service areas.

(2) Where a regional council assumes the power of a local service district established under Part XIII, the local service district committee is considered to be the advisory committee for the voters in the local service area until the regional council provides for an election under paragraph (1)(a).

Ancillary powers

39. (1) The Lieutenant-Governor in Council may, by order, state the ancillary powers that may be exercised by a regional council in carrying out their designated powers.

(2) The Lieutenant-Government in Council may state that the regional council may

(a) acquire fixed assets of the municipalities and cities 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;

(b) require towns and cities within the region to connect to and use regional services; and

(c) assess towns and cities within the jurisdiction of the regional council for a general service charge and in making that assessment consider, in relation to the towns or cities,

(i) the number of persons who are 18 years of age or older who ordinarily live in the towns and cities,

(ii) the assessed value of the real property within the towns and cities, or

(iii) the assessed value of the property used by businesses within the towns and cities.

Establishment of council

40. (1) The Lieutenant-Governor in Council may, by order, constitute a regional council for a region established under this Act to control and manage the region in accordance with this Act.

(2) A regional council is a corporation.

Number of councillors

41. A regional council shall consist of the number of persons that may be prescribed by the Lieutenant-Governor in Council.

Wards

42. The Lieutenant-Governor in Council may, by order, establish and change the number and boundaries of wards for a region and fix the number of councillors to be elected for each ward.

Status of council

43. (1) The Lieutenant-Governor in Council may, by order, designate and change the number or proportion of councillors of a regional council that are to be appointed from elected councils of cities and towns in the region, elected at large or to represent wards.

(2) Where, under subsection (1), there are to be councillors appointed to a regional council, the minister may appoint those councillors who shall be from among the councillors of towns and cities which make up the region as designated by the councils of those towns and cities.

(3) Where town and city councils do not, within a reasonable period, make a designation for the purpose of subsection (2), the minister may make that designation.

First election

44. (1) The first election of members of a regional council shall take place on a date fixed by the minister.

(2) The minister may defer the holding of an election under subsection (1) to a date not later than one year after the region has been established.

Election of chairperson

45. (1) At the first meeting held following the first election and each general election or, where a regional council consists only of appointed councillors, at the first meeting following the appointment, the councillors shall elect one councillor to be chairperson and one councillor to be deputy chairperson.

(2) An election under subsection (1) shall be conducted by the regional clerk or returning officer and shall be done by a secret ballot of councillors.

Vacancy re chairperson

46. Where a vacancy occurs in the office of chairperson, the regional council shall fill that vacancy by

(a) having the deputy chairperson assume the office of chairperson for the remainder of the chairperson's term; or

(b) electing by secret ballot from among the remaining members of the council, a person to assume the office of chairperson for the remainder of the chairperson's term of office.

Chairperson's and deputy's status

47. (1) The chairperson is the presiding officer of the regional council and is the official head of the region for all ceremonial purposes.

(2) In the absence or incapacity of the chairperson the deputy chairperson has the powers and shall exercise the duties of the chairperson.

Duties

48. The chairperson

(a) shall be vigilant and active in causing the laws of the government of the region to be executed and obeyed and in making all reasonable efforts to advance and promote the aims and objects of the regional council; and

(b) shall exercise the powers and perform the duties that may be conferred or imposed upon him or her by the regional council and under this Act.

Authority of council

49. A chairperson and a regional councillor are subject to the direction and control of the regional council and shall abide by the decisions of the regional council.

Presiding officer

50. (1) The chairperson, and in his or her absence, the deputy chairperson, shall preside at all meetings of the regional council.

(2) Where both the chairperson and deputy chairperson are absent from a meeting, the other councillors shall appoint a temporary chairperson who has and may exercise the powers and carry out the duties of the chairperson at the meeting.

Frequency of meetings

51. (1) The chairperson or 2 councillors shall request that the regional clerk call and there shall be held, at least once a month, a meeting of the regional council to which the public shall be admitted.

(2) A meeting called and held under subsection (1) shall be for the dispatch of general business.

(3) A regional council shall adopt rules of procedure for its meetings.

(4) The minister may provide a set of rules of procedure that a regional council may adopt or vary.

Committees

52. (1) A regional council may establish standing or special committees that it considers desirable to consider matters referred to it by the council and make recommendations on those matters to the council.

(2) A regional council may appoint persons to serve on committees established under subsection (1), and where a regional council does not appoint persons to those committees, the chairperson shall appoint those persons.

PART III
ADMINISTRATION AND STAFF

Manager

53. (1) A town council may establish the position of manager and may, by a vote of 2/3 of the councillors in office, appoint a person to the position of town manager.

(2) A regional council shall establish the position of regional manager and shall by a vote of 2/3 of the councillors in office, appoint a person to the position of regional manager.

(3) A manager may be appointed clerk or acting clerk in addition to his or her other duties under this Act.

(4) Where the office of manager is vacant, or the manager is unable to carry out his or her duties, the council may appoint a person to act as manager and the acting manager has and may exercise the powers and shall carry out the duties of the manager.

Duties

54. (1) A manager is the chief executive and administrative officer of the council and head of its administrative branch and is responsible to the council for the proper planning, execution, conduct and the proper administration of the affairs of the council.

(2) A manager shall administer his or her office in accordance with this Act and policies determined by the council.

(3) Notwithstanding subsection (2) and subsection 55(1), where a manager carries out a policy or an act that has been directed by council and that policy or act contravenes this Act or another Act of the province, an action shall not lie against that manager for a matter arising from his or her carrying out that policy or act.

(4) A manager may delegate his or her powers and duties to those officers of the council that he or she may consider appropriate, except those powers and duties that the council may specifically exempt from delegation.

(5) Notwithstanding subsection (4), in the case of an emergency, the manager may delegate his or her powers without reservation.

Overall power of council

55. (1) A manager shall not disobey, disregard or overrule a decision of the council.

(2) A manager may advise or make a recommendation to the council which shall receive, consider and make a record of the advice or recommendation in its minutes but is not bound to follow that advice or recommendation, nor is the advice or recommendation of the manager required before an action of the council.

Attendance at meetings

56. (1) A manager shall, unless otherwise approved by the council, attend meetings of the council and may, at the discretion of the council, attend meetings of its committees, but he or she has no vote.

(2) Where the manager is unable to attend a meeting of the council, the council shall appoint a person who shall attend the meeting in place of that manager.

(3) A manager is entitled to take part in the discussion of all matters coming before a meeting of the council or its committees but he or she has no vote.

Use of employees

57. (1) A manager may use the services of the heads of departments and of other employees of the council for the purpose of carrying out his or her duties.

(2) A manager shall, where requested in writing by a department head, giving reasons for the request, report to the next meeting of the council that the department head is not in agreement with a plan, proposal or appointment of the manager.

Expenditures

58. (1) A manager may make or authorize the making of expenditures for the purchase of equipment, supplies, work or other thing required for the carrying on of the business of the council, and he or she may enter into contracts for the expenditures on behalf of the council

(a) where the expenditure does not exceed in a single case a sum which the council shall by resolution set as a maximum amount; and

(b) where the expenditure exceeds in a single case the amount referred to in paragraph (a) with the prior approval of the council,

where the proposed expenditure is not in excess of the amount provided in the budget for the purchase of the equipment, supplies, work or thing.

(2) Notwithstanding subsection (1), where, in the opinion of the manager, the immediate expenditure of an amount exceeding the amount established by the council under paragraph (1)(a) is necessary to meet an emergency situation, the manager may make that expenditure without the prior approval of the council and shall report on the expenditure to the council at its next meeting.

(3) Where an expenditure is proposed by a council that exceeds the expenditure amount established under paragraph (1)(a), that council shall not make the expenditure until it has requested the recommendations of the manager with respect to that expenditure.

(4) When the manager's recommendations under subsection (3) are received, or where that manager does not make his or her recommendations within a reasonable time, the council may make the expenditure in the manner and subject to the conditions that it considers appropriate.

(5) A council is not bound to adopt recommendations made to it by the manager under subsection (3).

Clerk

59. (1) A council shall establish the position of clerk and shall, by a vote of 2/3 of the councillors in office, appoint a person to the position of clerk.

(2) A clerk may be appointed manager or acting manager in addition to his or her other duties under this Act.

(3) Where the office of clerk is vacant, or the clerk is unable to carry out his or her duties, the council shall appoint a person to act as clerk.

(4) The acting clerk may exercise the powers and shall carry out the duties of the clerk.

Oaths and affirmations

60. A clerk may administer oaths and affirmations and receive affidavits for the purpose of this Act.

Duties

61. (1) A clerk is the secretary to the council and is responsible to it for recording the proceedings and decisions of the council and for the safekeeping of all documents of the council.

(2) Notwithstanding subsection (1), a council may delegate responsibility for the safekeeping of documents, which the council may prescribe, to another employee of the council.

(3) Where the clerk carries out a policy or an act that has been directed by the council and that policy or act contravenes this Act or another Act of the province, an action shall not lie against that clerk for a matter arising from his or her carrying out the policy or act.

Clerk to attend meetings

62. (1) The clerk shall attend all meetings of the council and may, at the discretion, of the council attend meetings of its committees.

(2) The clerk or a person appointed under subsection (3) is entitled to speak at council and committee meetings but has no vote.

(3) Where the clerk is unable to attend a meeting of the council, the council shall appoint a person who shall attend the meeting in place of the clerk.

Departments

63. (1) A council may establish departments and appoint the following department heads:

(a) engineer or superintendent of works;

(b) treasurer;

(c) planner;

(d) recreation director;

(e) fire chief; or

(f) heads for other departments that may be established by the council.

(2) Where there is a manager, the council shall seek his or her recommendation before establishing a department or appointing a department head.

(3) The council may appoint one person to 2 or more offices set out in subsection (1).

(4) The department heads are responsible to the manager, or, to the council, where there is no manager.

Department heads

64. (1) The engineer is responsible for the design, construction, operation and maintenance of town or regional works and equipment.

(2) The superintendent of works is responsible for the operation and maintenance of town or regional works and equipment.

(3) Where there is an engineer appointed by a council, the superintendent of works shall, notwithstanding subsection (1), be responsible to the engineer and in that case is not a department head.

(4) The treasurer is responsible for the financial management of the town or region.

(5) The planner is responsible for the formulation of the long term objects and strategies to be recommended to the council to guide the future development of the town or region and for the preparation of plans for the orderly development of the town or region.

(6) The director of recreation is responsible for the formulation and direction of a recreation program and for the operation and maintenance of recreational facilities.

(7) The fire chief is responsible for the organization, training and operation of a town or regional fire department and for fire prevention within the town or region.

Positions

65. (1) A council may establish employee positions for the administration of the town or region.

(2) A council shall establish written job specifications for each position established by it, setting out the duties for each position and the qualifications of persons to fill those positions.

(3) Where there is a manager, the council shall seek his or her recommendation before they exercise their powers under subsections (1) and (2).

Salaries

66. A council may establish the salaries of its employees.

Suspension

67. (1) Where a council is of the opinion that the manager, clerk or a departmental head has misconducted himself or herself in the performance of his or her duties or in the exercise of his or her powers under this Act, the council may, by a vote of 2/3 of the councillors in office, suspend the manager, clerk or department head from his or her office for a period which the council may determine.

(2) A council may determine, by a vote of 2/3 of the councillors in office, if a suspended manager, clerk or department head is to receive his or her salary during the period of suspension and may include periods without pay and with pay during that suspension.

Dismissal

68. (1) A manager, clerk or department head may be dismissed by a vote of 2/3 of the councillors in office, where the vote to dismiss is confirmed by a similar vote at a meeting of the councillors held not earlier than 30 days after the meeting at which the first vote to dismiss was carried.

(2) A meeting of councillors may not hold a vote on a motion to dismiss under subsection (1) unless

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

(b) a copy of the notice addressed to the person who is the subject of the motion is served on him or her personally or by leaving it at his or her latest known address at least one week before the date of the meeting of the council at which the motion to dismiss is to be made.

Retirement

69. A manager, clerk or department head may be retired in accordance with a pension scheme established under this Act when that person becomes qualified for a pension, allowance or gratuity under that pension scheme.

Employment, etc.

70. (1) Where there is a manager, he or she may, after consultation with the head of the department concerned, employ, suspend or dismiss an employee of the council, other than the clerk or a department head.

(2) The authority that may be exercised by the manager under subsection (1) is subject to the terms of a collective agreement or other employment contract to which the council is a party.

(3) Where there is no collective agreement or other contract regulating the procedures to be followed under subsection (1), a council shall, upon the written recommendation of the manager, where there is a manager, establish written procedures governing the exercise of the powers set out in subsection (1).

(4) A council may employ, suspend or dismiss an employee of the council, subject to subsections (2) and (3), after consulting with the manager, where there is a manager.

Bonding

71. (1) An employee of a council whose duties include the collecting, receiving or depositing of money shall be bonded in the amount specified by the council.

(2) A council shall pay the premiums on bonds entered into under this section.

Pension scheme

72. (1) A council may provide a pension scheme for full-time employees, regular part-time employees, or a class of those employees who have worked for a stated period and discontinued their employment or have suffered permanent disability before reaching retirement age.

(2) A person who before becoming an employee of the council was in the employ of the Government of Canada, the government of a province, a municipality in Canada or of a corporation or institution having a pension plan may have credited to him or her with respect to his or her council employment the whole or part of the pensionable service credited to him or her by that employment.

(3) Notwithstanding subsection (2), a council may make an agreement with a body described in that subsection providing for the crediting, on a reciprocal basis, of the whole or part of the pensionable service served by the employee with that body, as pensionable service with the municipality.

(4) A pension scheme entered into under subsection (1) shall be based upon a plan of contributions by the council and its employees.

Group insurance

73. (1) A council may arrange to provide a group insurance scheme for employees or a class of employees, and for volunteer members of its fire department and for that purpose may enter into arrangements which the council may determine with insurance or other companies or with the Crown.

(2) A group insurance scheme entered into under subsection (1) shall be based on a plan of contributions by the council and its employees, except for volunteer members of its fire department, where all contributions shall be paid by the council.

Training

74. Where councillor and staff training is carried out by a council or in co-operation with other councils or bodies engaged in councillor or staff training programs, the council shall arrange to help its councillors and employees financially and otherwise in taking those training programs.

PART IV
FINANCE

Financial year

75. (1) The financial year of a council is from January 1 to December 31.

(2) For the first year of a council the financial year is from the date the council takes office until the next December 31.

Bank account

76. (1) A council shall open accounts in a financial institution approved by the council and shall deposit to its credit all money received by it.

(2) Cheques or orders withdrawing money from an account of a council shall be signed by the mayor or deputy mayor or by the chairperson or deputy chairperson or in the absence or incapacity of both of them, by a councillor designated for that purpose by the council, and countersigned by the treasurer or, where there is no treasurer, by the clerk.

(3) Where a comptroller is appointed under section 247 all cheques shall be countersigned by him or her.

(4) In this section, "financial institution" means a trust company approved by the Lieutenant-Governor in Council, a bank within the meaning of the Bank Act (Canada) and a credit union registered under the Credit Union Act.

Annual budgets

77. (1) A town council shall, not later than 90 days after the day on which the council takes office following a general election of councillors and not later than December 1 in each succeeding year, prepare and adopt a budget containing estimates of the revenue and expenditure of the council for the next financial year and a statement showing tax rates that shall be imposed during that year.

(2) A budget adopted under this section shall be in the required form and a copy shall be sent to the minister before the end of the calendar year of its adoption or in the case of a new council, within 30 days of its adoption.

(3) Notwithstanding subsections (1) and (2), a town council may adopt a 3 year budget containing estimates of the revenues and expenditures of the council for that period and showing the tax rates that are to be imposed during that period.

(4) Notwithstanding subsections (1), (2) and (3), the minister may approve and authorize the postponement of the preparation, adoption and submission of a budget to a date which he or she may determine.

(5) A regional council shall, not later than 90 days after the day on which the council takes office following a general election of councillors, and not later than September 30 in each succeeding year, prepare a budget in the required form containing estimates of the revenue and expenditures of the council for the next financial year and a statement showing the general service charges to be assessed against the towns and cities in the region during that year and the rate of tax that will be imposed in the remaining areas of the region during that year.

(6) Copies of the budget of a regional council shall be sent to the town or city councils in the region not later than October 1 in each year and immediately after its adoption in the first year of the regional council.

(7) The budget of a regional council is subject to the approval of the minister who may

(a) approve the budget as submitted to him or her;

(b) send the budget back to the regional council for its reconsideration; or

(c) revise the budget.

(8) The budget of a regional council as approved by the minister is the budget of that regional council.

Balanced budget

78. The anticipated revenues and proposed expenditures of a council shall balance.

Contents of budget

79. (1) A budget shall only include

(a) local revenue; and

(b) federal and provincial revenue for which written authorization has been received.

(2) Expenditures shall not be provided in a budget for capital reserves except where, subject to the approval of the minister, a council has considered it necessary to set aside in the financial statements a reserve from the accumulated surplus to invest for specific purposes of a capital nature.

(3) Notwithstanding subsection (2), a municipality may, with the prior written approval of the minister, provide for an expenditure in its budget for a capital reserve where the municipality considers it necessary to establish a capital reserve for a specific capital project and that reserve shall appear in its audited financial statement.

(4) The unappropriated accumulated surplus or accumulated deficit, appearing in the audited financial statements at the end of the previous financial year, shall be credited or debited as items of revenue or expenditure in the budget of the next financial year.

(5) Where the amounts of unappropriated accumulated surplus or accumulated deficit, referred to in subsection (4) are, in the opinion of the minister, substantial they may be credited or debited in future budgets over a period of years that may be determined by the minister.

(6) An operating reserve fund may be provided for in a budget, subject to the prior written approval of the minister, for a specific purpose, a specified annual amount and over a specified period of years that the council shall approve.

(7) A reserve fund under subsections (3) and (6) may be invested by the council.

Revised budget

80. (1) Where, during a financial year, it appears that the actual revenue and expenditure is likely to be substantially greater or less than estimated, the council shall prepare and adopt a revised budget in the required form.

(2) A copy of the revised budget shall be sent to the minister and in the case of a region to the city and town councils in the region within 2 weeks of its adoption.

(3) A revised budget shall take effect

(a) in the case of a town council, on the first day of the month following the date of its adoption by the council; and

(b) in the case of a regional council, on the first day of the month following the date of its approval by the minister.

Effect of town budget

81. A town council shall not, without the prior approval of the minister, incur, enter into, contract, or become liable for an expenditure or indebtedness exceeding the total estimated expenditure or indebtedness approved in the annual or revised budget.

Ministerial approval

82. (1) The revised budget of a region is subject to the approval of the minister who may

(a) approve the budget as submitted to him or her;

(b) send the budget back to the council for its reconsideration; or

(c) revise the budget.

(2) A revised budget as approved by the minister is the revised budget of the regional council for the remainder of the financial year.

Effect of regional budget

83. A regional council shall not incur, enter into, contract, or become liable for an expenditure or indebtedness exceeding the total estimated expenditure or indebtedness approved in the annual or revised budget.

Partnership budgeting

84. (1) Where a town has incurred major deficits in a financial year, the minister may, where he or she considers it advisable, require the town council to submit its budgets or revised budget to him or her for approval and the minister may approve or disapprove that budget or revised budget.

(2) Where a minister has required the submission of a budget or a revised budget under subsection (1), he or she may also assign officials of his or her department to help the town council in the preparation of its budget or revised budget.

Books of account

85. A council shall ensure that complete books of account are kept of the financial dealings of the council.

Financial statement

86. (1) A council shall prepare and adopt before June 1 of each year a financial statement showing a full and detailed balance sheet and a statement of the revenue and expenditure of the council for the preceding financial year.

(2) The mayor or chairperson and the treasurer, or, where there is no treasurer, the clerk, shall sign the financial statement and shall attach a report that an auditor has made with respect to the financial statement.

Appointment of auditor

87. (1) A council shall appoint an auditor before August 1 in the year preceding the year in which the audit is required to be reported on under section 92 to audit the accounts of the council and report on the financial statement prepared by the council.

(2) An auditor appointed under subsection (1) shall be a member of

(a) the Institute of Chartered Accountants of Newfoundland;

(b) the Society of Management Accountants of Newfoundland;

(c) the Certified General Accountants Association of Newfoundland: or

(d) the auditor general and the auditor general's staff

licensed under the Public Accountancy Act and his or her appointment remains in effect until revoked by council.

(3) The council shall advise the minister in writing of its appointment of an auditor or its revocation of an appointment within 30 days of that appointment or revocation.

(4) The minister may, where he or she considers it necessary, appoint an auditor to conduct a special audit and the cost of that special audit shall be a cost of the council with respect to which that appointment was made.

Appointment by minister

88. (1) Where a council does not appoint an auditor within the time set out in section 87 or the auditor is not a qualified person under that section, the minister shall appoint an auditor to audit the accounts of the council and report on the financial statement prepared by the council.

(2) The costs of an audit prepared by a person appointed under subsection (1) shall be a cost of the council for which that appointment was made.

Waiving of audit

89. Notwithstanding sections 87 and 88, the minister may waive the requirement of an audit for a council where he or she is satisfied that an inspection by the officials of his or her department is sufficient to ensure adequate financial control and accountability with respect to that council.

Auditor's powers

90. An auditor may request, and the council shall supply, all documents, books of account and records of the council that the auditor considers necessary to enable him or her to properly audit its accounts.

Auditor's report

91. The auditor shall examine and report on the annual financial statement of the council and its books of account and in the report shall particularly direct his or her attention to

(a) an expenditure in excess of the total annual budget of the council;

(b) the financial position of the council with regard to arrears of revenue;

(c) the manner in which the accounts of the council have been kept;

(d) the adequacy of the council safeguards against fraud;

(e) the sufficiency of bonds entered into under section 71; and

(f) other matters connected with the accounts that the auditor may consider of sufficient interest or importance to mention.

Time of completion and interim report

92. (1) The auditor shall complete and submit the report on his or her audit to the council before June 1 of the year immediately following the financial year that he or she is auditing and, not more than 30 days later, the auditor shall submit a copy of that report to the minister.

(2) The auditor shall, at the request of the council or the minister, make an interim report on the accounts of the council and shall send a copy of that report to the council and to the minister within 30 days of its completion.

Current account borrowing

93. (1) A council may borrow sums of money for current account purposes.

(2) A regional council which borrows money in accordance with this section shall, within 30 days of borrowing the money, notify the minister of that borrowing.

(3) The indebtedness of a council incurred as a result of borrowing an amount under subsection (1) shall not exceed 20% of its estimated tax yield, grants-in-lieu and other assured revenue, other than water and sewage subsidies paid by the province to the council, in the financial year in which the borrowing takes place.

(4) All amounts borrowed under subsection (1) shall be repaid before the end of the fiscal year in which the borrowing takes place.

(5) Notwithstanding subsections (3) and (4), a council may, with the prior written approval of the minister,

(a) borrow money for current account purposes in an amount which is greater than 20% of its estimated tax yield, grants-in-lieu and other assured revenue; and

(b) finance the repayment of money borrowed under this subsection and subsection (3) beyond the year in which it is borrowed.

Long term borrowing

94. (1) Subject to the prior written approval of the minister, a council may borrow money for capital purposes and issue securities for the repayment of money borrowed.

(2) A council shall, before the end of each year, submit to the department a 5-year forecast of its anticipated capital expenditure requirements.

Currency

95. Where a council borrows money under section 93 or 94, the money shall be stated in Canadian currency.

Unauthorized expenditure

96. (1) Where, without the prior approval of the minister, a council uses money borrowed under section 94 for a purpose other than the purpose for which the minister approved the raising of the loan, the councillors who voted for the use of the money are personally, jointly and individually, liable for the restoration of that money to the council, and the council or the Crown may recover the money as a civil debt due to the council.

(2) Where a person entitled to vote in an election for councillors files a written request with the council asking it to bring an action against councillors who incur liability under subsection (1) for the recovery of the money referred to in that subsection and the council refuses or neglects to do so for one month, the person who filed the request may bring the action on behalf of himself or herself and other persons in the municipality or may ask the minister to commence an action in right of the Crown to recover the money.

Certificate

97. (1) A debenture issued by a council shall have on it the following certificate:

"This debenture is valid and binding according to its terms and its validity is not open to question in a court in the province, and this certificate is given under the Municipalities Act, 1999. Dated at St. John's, Newfoundland, _________________.

Deputy Minister of Municipal and Provincial Affairs."

(2) The certificate as set out in subsection (1) on a debenture, when signed by the Deputy Minister of Municipal and Provincial Affairs, is evidence that

(a) the council had full authority in law and in fact to make and issue the debenture;

(b) the debenture has been lawfully and validly made and issued;

(c) the debenture is valid and binding on the council according to its terms; and

(d) its validity is not open to question in a court in the province.

(3) The Deputy Minister of Municipal and Provincial Affairs may impress his or her signature by machinery on debentures, and a certificate on which his or her signature has been impressed is good and valid for all intents as if it had been signed in the handwriting of the deputy minister.

Signature of mayor, chairperson

98. The mayor, chairperson, treasurer and, in the absence of a treasurer, the clerk, may impress their signatures by machinery on debentures issued by the council, and debentures that have been impressed are valid as if they had been signed in the handwriting of the mayor, chairperson, treasurer or clerk.

Powers of expenditure

99. (1) A council may, out of the funds at its disposal, pay salaries or remuneration to the councillors, officers, auditors and employees of the council, and all the other expenditures incurred in the execution of the powers and duties vested by this Act or another law in that council, subject to there being a provision for the expenditure in the adopted budget or revised budget.

(2) Expenditures made under subsection (1) shall not exceed the total approved budget or revised budget of the council and shall be supported by appropriate documentation.

Guaranteed loans expenditure

100. (1) Where a council has raised money by a loan advanced or guaranteed by the Crown or under bonds or debentures issued by the council with their repayment guaranteed by the Crown, the council shall not invite tenders, award a contract or undertake an obligation with respect to the execution of work, the performance of services, or the purchase of materials or goods that are to be financed in whole or in part by that money, without the prior written approval of the minister.

(2) Except with the consent of the Lieutenant-Governor in Council, money described in subsection (1) shall not be attached, held or otherwise taken under power of law to satisfy an obligation of a council arising out of a contract entered into by that council without the prior approval of the minister.

Imposition of taxes

101. (1) All taxes that may be imposed or varied by a council shall be imposed or varied by a resolution of that council before April 1 in the financial year in which the tax or tax variation is to be applied.

(2) A council may, in the resolution imposing or varying the tax, set out the date when the tax is due.

(3) Where a tax is imposed or varied by a council before April 1 of the financial year, that tax shall be considered to have been due from the beginning of the financial year, unless a later date is set out under subsection (2).

(4) Where a tax is imposed or varied by a council after March 31 of the financial year, it shall not take effect until the beginning of the next succeeding financial year unless a later date is established under subsection (2).

Imposition of service charge

102. (1) A regional council may impose service charges upon a city or town in the region and may vary those service charges which it has imposed.

(2) Service charges that may be imposed or varied by a regional council shall be imposed or varied by a resolution of that council.

(3) A regional council may, in the resolution of that council imposing or varying a service charge, set out the date when the service charge is due.

Tax payment

103. (1) A council may determine the manner of payment of a tax or service charge imposed under this Act.

(2) A determination made under subsection (1) may permit the payment of a tax by the provision to the council of a service or materials of a value equal to the amount of the tax.

Effect of extensions

104. (1) Notwithstanding section 101, where the time for the completion of the assessment roll is extended or the time for the closing of the Assessment Review Commission is extended under the Assessment Act and as a result a council is unable to impose or vary the real property tax by April 1 of the financial year, the real property tax is considered to be due from the beginning of that financial year, unless the council sets a later date under section 101.

(2) Notwithstanding section 101, where a water system, sewage system or water and sewage system are installed during a financial year, the water and sewage tax imposed is considered to be due from the beginning of that financial year, unless the council sets a later date under that section.

First year

105. (1) Notwithstanding section 101, taxes imposed or varied by a council in its first financial year within 3 months of its taking office become due and payable when rendered unless the council sets a later date under that section.

(2) Notwithstanding section 102, service charges imposed by a regional council in its first financial year become due from the first day of the next financial year of the council, unless the council sets a later date under section 102.

Duration

106. (1) Taxes imposed or varied by a council remain in effect and are due according to the nature of the tax and its method of payment until the resolution of the council imposing it has been cancelled.

(2) Service charges imposed or varied by a regional council remain in effect and are due according to the nature of the service charge and its method of payment, until the resolution of the council imposing it has been cancelled.

Interest on arrears

107. (1) A council may charge interest on taxes that are not paid before the date on which they become due, if, before making that charge, the council passes a resolution establishing the rate of interest to be charged and when that interest shall be applied.

(2) A regional council may charge interest on service charges that are not paid before the date on which they become due, if before making that charge the regional council passes a resolution establishing the rate of interest to be charged and when that interest shall be applied.

Discount allowed

108. A council may allow a discount in respect of taxes imposed under this Act where the tax is paid within the time period which that council may establish, so long as before allowing that discount that council passes a resolution establishing the rate of discount and the time period within which the tax is to be paid.

Publication

109. (1) A council shall publish annually a copy of its tax structure in a newspaper circulated in the municipality and by public notice in the municipality.

(2) A regional council shall, in a newspaper circulated in the region, publish a copy of a resolution of the council where a service charge is imposed or varied.

(3) The liability of a person to pay a tax or a service charge is not affected by the failure of a municipality to comply with subsection (1) or (2).

Proof of tax or service charge

110. In an action under this Act in which it is necessary to show that a tax or service charge was imposed or varied, a copy of the resolution of council imposing or varying the tax or service charge and a minute of the council signed by the clerk indicating that resolution is, in the absence of evidence to the contrary, proof that the tax or service charge was properly imposed or varied.

Exemption and remission

111. (1) A person may apply to a council for, and the council may, by a vote of 2/3 of the councillors in office, grant an exemption, remission or deferment of taxes and interest on the taxes, either in whole or in part, for those periods of time that the council decides and the council may determine the evidence which it shall require to warrant the exemption, remission or deferment.

(2) A council may, by a vote of 2/3 of the councillors in office, enter into tax agreements and offer tax incentives which vary existing rates of tax.

PART V
TAXATION

112. (1) A council may impose an annual tax, to be known as "the real property tax", on the owners of real property within the municipality.

(2) For the purpose of establishing a real property tax, there may be imposed with respect to real property used for residential purposes one rate of tax and, with respect to commercial property, another rate of tax.

(3) Where there are 2 or more owners of the same real property within the municipality, the council may designate one of those owners to be the owner for the purpose of the imposition and collection of the real property tax.

Rate of tax

113. The rate of tax imposed under section 112 shall be

(a) fixed as a percentage of the assessed value of the real property as set down in the last assessment roll of the municipality prepared under the Assessment Act; and

(b) one that is estimated to be sufficient, together with the anticipated revenues from other sources, to cover the expenditures of the council to be made from current funds during the current financial year of the council.

Minimum tax

114. A council may, by resolution, establish different minimum annual real property taxes in a municipality for residential and for commercial property.

Occupier considered owner

115. Where real property is occupied and the owner is not known, the occupier is considered to be the owner for the purpose of the imposition and collection of the real property tax.

Tenant of tax exempt property

116. (1) Where real property is exempt from the real property tax, a tenant who pays valuable consideration to rent that real property shall pay a tax equivalent to the real property tax that would have been payable by the owner of the real property if that property were subject to that tax.

(2) Notwithstanding subsection (1), where the owner of real property pays to the council a grant-in-lieu of taxes, a tenant who pays valuable consideration to rent that real property is not liable for a real property tax that would have been payable by the owner if that property were subject to a real property tax.

Representative capacity

117. (1) Where real property is under the control of a person in a representative capacity as executor, administrator, trustee, guardian or agent, that person is liable for the payment of the real property tax only in his or her representative capacity.

(2) Where the owner of real property has not reached the age of majority, the person whose name has been entered on the assessment roll of the municipality prepared under the Assessment Act as the parent, guardian or other legal representative of the owner is, where the owner defaults in the payment, liable for the payment of the real property tax.

Tax exempt property

118. The following real property is exempt from the real property tax:

(a) real property belonging to Canada or a province of Canada;

(b) real property belonging to a municipality, or its agents;

(c) real property exempted by an Act of the Legislature;

(d) churches and other places of worship together with the land

(i) on which they are situated, and

(ii) that in relation to the places of worship, is in active use;

(e) cemeteries operated by churches or non-profit organizations;

(f) the rectory or other principal place of residence of a priest, minister or rabbi in charge of a church or other place of worship where that residence is owned by the church or other place of worship, together with the land

(i) on which it is situated, and

(ii) that in relation to the places of residence, are in active use;

(g) hospitals as defined in the Hospitals Act and the land on which they are situated, including student residences, but not including other residences and apartments;

(h) schools as defined in the Schools Act, 1997 and the land on which they are situated, including student residences and playing fields and other recreational facilities owned by a school board or group of school boards but not including other residences and apartments;

(i) universities and colleges established under the Memorial University Act and the College Act, 1996, and the land on which they are situated, including student residences and playing fields and other recreational facilities owned by them, but not including other residences and apartments; and

(j) productive farm land and woodland and buildings on and used with respect to farm or wood production as the Minister of Forest Resources and Agrifoods may designate.

Supplementary assessment

119. (1) The owner of real property that has been made subject to a supplementary assessment under the Assessment Act is liable for the payment of the real property tax on the basis of the supplementary assessment for the remaining portion of the calendar year from the earlier of the date of substantial completion or the date of occupancy of the real property.

(2) Where real property has been made subject to an original or supplementary assessment under the Assessment Act and an appeal is taken under that Act against the assessment, the real property tax is, notwithstanding an appeal, payable on the basis of that assessment.

(3) The difference between the amount of the tax collected under subsection (2) and the amount payable on the basis of the assessment as later determined on the appeal under the Assessment Act shall be paid by the owner or refunded by the council, according to the decision in the appeal.

Business tax

120. A council shall impose an annual tax, to be known as "the business tax", on all businesses carrying on business in the municipality.

Gross revenue and assessed value business tax

121. (1) Where a property tax has not been imposed by a council, property tax is not applicable to a business because it has no fixed place of business or a place of business cannot be assessed under the Assessment Act, the council shall set the business tax as a percentage of the gross revenue of the business.

(2) Notwithstanding subsection (1), where a council has not imposed a real property tax, it may by resolution set the business tax as a percentage of the assessed value of the property used by a business, where there is a fixed place of business that can be assessed under the Assessment Act.

(3) Where a resolution is made under subsection (2), the council shall carry out an assessment of the real property affected under the Assessment Act.

(4) For the purpose of this section a business has no fixed place of business if it does not operate from a specific location for a period of at least one month.

Gross revenue

122. (1) A business subject to the business tax calculated under subsection 121(1) shall submit a sworn or affirmed statement as to its gross revenue in the preceding year by February 1 of the following year.

(2) Where a business does not submit a statement of its gross revenue the council shall estimate the gross revenue of the business for the preceding year and bill for taxes based on its estimate.

(3) Where a business which is subject to a business tax as calculated under section 123, has not been carrying on business in the preceding year, the council may estimate the gross revenue of the business and bill for taxes based on its estimate.

(4) Where a business provides records to the council after the council makes an estimate under subsection (2) or (3) that shows to the satisfaction of the council an amount of gross revenue different from that estimated by the council, the council shall adjust its tax records at the end of its financial year and shall either rebate excess taxes paid by crediting the rebate to the next year's business tax or add additional tax owing to the next year's business tax.

(5) Where a council has estimated the gross revenue of a business under subsection (2) or (3), the business may appeal to that council for a revised estimate where the business is able to show a valid reason for the revision to the council.

Rate where property tax

123. (1) Where a council has imposed the real property tax, it shall set the business tax as a percentage of the assessed value of the real property used by the business, where there is a fixed place of business.

(2) Notwithstanding subsection (1), where the fixed place of business cannot be assessed under the Assessment Act, the council may impose the tax on that business under subsection 121(1).

Variation of rate

124. A council may vary the rate of business tax between different classes of businesses.

Minimum business tax

125. (1) A council may impose a minimum business tax on all businesses operating in the municipality.

(2) There may be differing minimum business taxes under subsection (1) for different classes of businesses.

(3) Notwithstanding sections 121 and 123, a council may impose a minimum business tax under subsection (1) as a fixed amount.

Poll tax

126. (1) A council may impose an annual tax, to be known as "the poll tax" on

(a) a person who is 18 years of age or older and who is ordinarily resident in the municipality during the financial year;

(b) a person who is 18 years of age or older and who is employed in the municipality for not fewer than 90 days in total during the financial year of the council; and

(c) an individual, partnership, association or corporation who is not ordinarily resident in the municipality but owns real property in the municipality.

(2) A person to whom paragraph (1)(a) refers who does not ordinarily reside in a municipality for the full current financial year is entitled to a rebate of the poll tax that the person has paid for the full year, the rebate to be in proportion to the duration of time that person is not resident.

(3) For the purpose of this section and section 127 the rules for determining persons who are ordinarily resident under Part XII for election purposes under this Act apply.

(4) Notwithstanding section 127, a poll tax is payable by a person when he or she becomes liable under subsection (1).

Exemption from poll tax

127. (1) The following persons or class of persons are exempt from a poll tax imposed under section 126:

(a) a person who is liable to pay the real property tax in the municipality;

(b) a non-resident of the municipality who is employed in the municipality for a period of not fewer than a total of 90 days during the financial year of the council which would impose that tax where that non-resident pays a

(i) real property tax,

(ii) poll tax, or

(iii) fee for service

to the municipality or local service district in which he or she resides; and

(c) upon application to a council, a person whose income from all sources for the taxation year under the Income Tax Act (Canada) immediately before the date on which a poll tax is due is less than the basic personal exemption provided for under that Act, or a greater amount which the council may determine.

(2) An application for an exemption under paragraph (1)(c) shall be made before July 1 in a financial year in order for that exemption to be applicable to that financial year.

(3) For the purpose of paragraph (1)(c), pension income received under the Old Age Security Act (Canada) and pensions and allowances that the Lieutenant-Governor in Council may prescribe by regulation shall not be considered to be income.

Employer's duty

128. (1) An employer in a municipality shall, on demand of the council, deliver to that council within 2 weeks of the demand the names of its employees and the dates on which their employment began.

(2) Where the council asks a person resident in the municipality for the name of his or her employer, that person shall immediately give the information to that council.

(3) An employer not referred to in subsection (1) shall, on demand of a council in relation to an individual named by that council, deliver to that council within 2 weeks of the demand, the fact of whether or not the individual is employed by the employer, and if so, the dates on which the employment began.

(4) Where a person has been employed in a municipality for not fewer than 90 days in total during the financial year of the council, or, where a person is ordinarily resident in the municipality, the council may demand that the person's employer deduct the poll tax for the current year and arrears and interest on arrears of poll tax for previous years, from that person's wages and that employer shall forward the tax, arrears and interest collected to the council within the time limit specified by the council unless the person obtains a certificate from the clerk stating that the person is exempt from the payment of the poll tax or has made other payment arrangements with the council.

(5) For the purpose of this section, "employer" includes the Crown and an agency of the Crown.

Direct sellers tax

129. (1) A council may impose an annual tax upon a direct seller.

(2) A tax imposed under subsection (1) shall be imposed as a fixed amount.

(3) A direct seller shall not do business within a municipality except under and in accordance with the terms of a permit which the council for that municipality may issue.

(4) This section shall not apply to a business upon which a tax is imposed under sections 121 and 123.

(5) In this section, "direct seller" means a direct seller as defined in the Direct Sellers Act.

Water and sewage tax

130. A council of a municipality served by a water system, sewage system or a water and sewage system shall impose upon the owner of real property located inside or outside the municipality that is connected or is capable of being serviced by that system, a tax, to be known as the water and sewage tax.

Method of taxation

131. (1) Where a real property tax is imposed in a municipality, the water and sewage tax shall, for residential and commercial buildings or property on which there is no building, be set as a

(a) fixed amount in addition to the mill rate that may be determined by the council;

(b) mill rate that may be determined by the council; or

(c) fixed amount or metered rate,

and the amount or rate of tax may differ in respect of residential and commercial buildings, and different classes of residential buildings and commercial buildings.

(2) Where a real property tax has not been imposed in a municipality, the water and sewage tax shall be a fixed amount but the council may fix different amounts in respect of different classes of real property.

(3) A council may require that a water meter be installed on a building in the municipality or may install a water meter in a building in the municipality, and the cost of that installation shall be a cost of the owner of the building.

(4) Where the water and sewage tax is set at a metered rate and there is no meter installed or working in relation to a building to which a metered rate applies, the council may for the purpose of imposing the tax estimate the quantity of water used in that building until a meter is installed and working.

(5) Where a council estimates the quantity of water used in a building under subsection (4) and the person who is liable for the water and sewage tax calculated on that estimate feels the estimate is incorrect, that person may appeal to the council for an adjustment in the estimate.

(6) Notwithstanding that a person appeals an estimate under subsection (4), the person shall pay the water and sewage tax as calculated on the estimate of the quantity of water used and an adjustment on the payment of tax shall be made in accordance with the appeal decision.

(7) Notwithstanding subsections (1) and (2), an amount or rate charged for a building owned by the Crown or an agency of the Crown including schools as defined in the Schools Act, 1997 and hospitals as defined in the Hospitals Act, shall be the same amount or rate as charged to similar properties in the municipality.

Disconnection of service

132. (1) Where a tax imposed under this Act is in arrears, a council may disconnect a water system, sewage system or water and sewage system of a person who owes the tax to the council.

(2) Where it is necessary for the purpose of subsection (1), an employee or agent of a council may enter upon real property, whether publicly or privately owned, and at reasonable times enter into the buildings or structures on that real property.

Collection as civil debt

133. All taxes imposed under this Part, together with interest owing on those taxes may, in addition to all other methods of collection provided in this Part, be sued for and collected by action in the name of the council as a civil debt due to the council.

Lien

134. (1) Taxes fixed, established and imposed in respect of real property, including the real property tax, business tax, where the owner of the business is also the owner of the real property occupied by that business, and water and sewage tax, where the water and sewage system services the real property owned by the person who is taxed for that service, constitute a lien upon that real property except where the real property is sold for tax arrears by the council.

(2) A lien under subsection (1) attaches on the date on which the relevant tax was due to the council and continues for a period of 6 years after that attachment or 6 years after the last payment on account of the tax or acknowledgement of the tax has been made or given to the council, whichever is later.

(3) A lien under this section ranks in priority over a grant, deed, lease or other conveyance and over a judgment, mortgage or other lien or encumbrance affecting the real property or the title to the real property to which the lien applies.

(4) Where proceedings are taken to enforce a lien imposed under this section, the lien shall continue in force until the completion of the proceedings or for 10 years, whichever is sooner.

(5) The registration of a grant, deed, lease or other conveyance or of a judgment, mortgage or other lien or encumbrance, whether it was before or after the time the lien attached, does not affect the priority of the lien.

(6) It shall not be necessary to register a lien imposed under this section in the Registry of Deeds established under the Registration of Deeds Act.

Occupied residential property

135. Notwithstanding section 134, real property that is occupied for full time residential purposes by the owner shall not be sold for tax arrears by the council while it is occupied in that manner.

Tax certificate

136. The clerk shall, on payment of a fee set by the council, give a tax certificate to the owner or mortgagee of real property or his or her solicitor certifying the tax position of the property and other charges imposed by the council on the real property and that tax certificate is binding upon the council as to all taxes and other charges then imposed with respect to the real property.

Notice of arrears

137. (1) Where taxes on real property owed under this Part are in arrears, the clerk shall serve upon the owner and encumbrancers of the real property to which the taxes apply a notice signed by the clerk which shall contain

(a) a general description of the real property affected;

(b) the amount of arrears of taxes owing in respect of the real property, the year in which the arrears of taxes were imposed and the person in whose name the real property was then assessed; and

(c) a statement that the real property is liable to be sold under this Act for the arrears, with interest and the expenses of and incidental to the arrears unless they are paid within 60 days from the date of the notice.

(2) Service of the notice upon a person under subsection (1) is sufficient where it is sent by registered mail to the last known address of the person, or, where the address of the person is not known, by leaving the notice with the tenant or occupant of the real property affected or by posting a copy of the notice in a conspicuous place on the property.

(3) Where the owner of the real property taxed under this Part is unknown or the clerk has not been able to obtain information respecting ownership or encumbrances, the notice shall be posted in a conspicuous place on the real property affected.

Right of mortgagee

138. (1) A mortgagee, judgment creditor or other person having a lien, charge or encumbrance upon or against real property liable to be sold for taxes, or in respect of which taxes are due, may, after the lien for taxes has attached and before sale, pay to the clerk the amount of the taxes, together with all interest and expenses incurred in respect of the real property affected.

(2) Where a person pays taxes under subsection (1), the person may add the amount paid to his or her mortgage, judgment or other security, notwithstanding a clause or condition to the contrary contained in the security and shall have the same rights, remedies and privileges against the real property that he or she has under the security held by him or her and may sue for and recover in an action for debt the amount paid, together with interest, against the person liable under this Part to pay that amount.

(3) Notwithstanding subsections (1) and (2), it shall be considered to be a condition of all mortgages of real property within the municipality that the mortgagee may pay money owing to the council and unpaid in respect of the mortgaged property and add the money to the mortgagee's security, notwithstanding a clause or condition to the contrary contained in the mortgage.

Direction to sell

139. After the time limit indicated in the notice required to be given under section 137, the council on the application of the clerk shall, by resolution, direct that the real property be sold.

Advertisement

140. (1) The clerk shall immediately upon receipt of a copy of the resolution referred to in section 139 proceed to advertise the real property referred to in the resolution for sale by public auction at a time and place that shall be stated in the advertisement.

(2) Notice of the sale shall be published, at least 30 days immediately before the sale, in a daily or weekly newspaper in circulation in the municipality by one insertion each week, and it shall be sufficient in the notice to put the street and number of real property advertised, or to put another short reference by which the real property may be identified, together with a statement that a full description may be seen at the office of the clerk.

Sale by auction

141. (1) At the time and place mentioned in the notice of sale the clerk shall, unless the arrears of taxes and interest and the expenses incidental to those proceedings and sale are then, or have been previously, paid to him or her, proceed to sell at public auction the real property or portions of the real property that in his or her judgment are sufficient to pay those taxes, interest and expenses.

(2) Where the real property described or referred to in the notice of sale is only a portion of real property for which a tax is owed and the portion does not sell for a sufficient sum to satisfy the taxes, interest and expenses due with respect to the real property of which it forms a part, the clerk may immediately, and without further notice, sell the whole or a portion of the remainder of the real property to satisfy the taxes, interest and expenses.

(3) The municipality, by an official or agent, may bid for and purchase real property being sold to satisfy taxes, interest and other expenses due.

Further notice of sale

142. (1) Where at the time appointed for the sale of real property no bidder appears, or where the clerk fails at the sale to sell that real property for the full amount of the arrears of taxes, interest and expenses due, he or she shall adjourn the sale until a day to be publicly named by him or her, not earlier than one week and not later than 2 weeks after the time originally appointed for the sale.

(2) The clerk shall give notice in the paper in which the sale was originally advertised, or where not then in circulation, in another newspaper circulating in the municipality, of the time and place to which the sale is adjourned and he or she shall again put up the real property at public auction and may sell the real property for any sum that can be realized.

Sale set aside

143. Where real property is sold for taxes and the sale is set aside for an error, irregularity or other cause, the lien on the real property shall not as a result be discharged but shall continue for the same time as if the date of the setting aside were the date on which the sale took place and the property may again be sold unless the taxes, interest and expenses against it are paid.

Tax payment from proceeds

144. (1) The clerk shall, out of the money received on the sale of real property, deduct the amount of taxes, interest and expenses owing to the municipality, at the time of the sale.

(2) Where there is a balance of the purchase price remaining after making the deductions under subsection (1), the municipality shall pay the person entitled to it, or, where there is a dispute as to who is entitled, as determined by an order of the Trial Division on application by the municipality.

Failure to pay

145. Where the purchaser of real property at a sale under this Act fails to immediately, after the sale being knocked down to him or her,

(a) pay the clerk or his or her agent the amount of the purchase money; or

(b) deposit with the clerk an amount equal to the amount of the taxes, interest and expenses of sale for which the real property has been sold,

the clerk shall immediately put up the real property for sale again.

Future assessments

146. (1) Where real property has been sold under this Act for arrears of taxes, it shall be assessed to the purchaser, his or her executors, administrators or assigns.

(2) Where the municipality is the purchaser, the real property shall be assessed to the municipality.

(3) Where real property has been sold under this Act for arrears of taxes, the council shall give to the purchaser a valid conveyance in the name of the municipality signed by the mayor or chairperson and the clerk or the person appointed by council and sealed by the municipality.

Vesting of property

147. The conveyance referred to in section 146 shall be conclusive evidence that the provisions of this Act with reference to the sale of the real property described in that conveyance have been fully complied with, and everything necessary for the legal perfection of that sale has been performed, and shall have the effect of vesting the real property in the purchaser, his or her executors, administrators or assigns absolutely free from encumbrances.

Seizure of rentals

148. (1) In addition to all other powers of enforcing payment of taxes that a council possesses, it may seize so much of the rentals payable by tenants of real property that is subject to the real property tax, business tax or water and sewage tax that may be needed to discharge the liability of the owners of that real property for the tax due by the owners to the council whether or not the taxes are in respect of the real property occupied by the tenants.

(2) The clerk shall serve, on a tenant referred to in subsection (1), a written notice signed by the clerk requiring the tenant to pay his or her rent to the council instead of to the tenant's landlord.

(3) The clerk shall deliver or mail to the landlord a duplicate copy of the notice served under subsection (2), before the date of service of the notice on the tenant.

(4) The tenant shall, from the date on which he or she receives the notice under subsection (2), until the clerk cancels the notice in writing, pay his or her rent to the council, or so much of it as the clerk specifies in the notice, and a receipt signed by the clerk is to the extent of the payment a good discharge to the tenant as against a claim by his or her landlord for rent.

(5) The clerk shall deliver or mail to the landlord a duplicate copy of a receipt given to a tenant under subsection (4).

(6) The clerk shall credit against the indebtedness of the landlord to the council, payments made by tenants under subsection (4), and the council is not obliged to release the tenant from liability to continue making payments to the council under that subsection, until the landlord's liability has been completely discharged.

PART VI
ASSESSMENTS AND LEVIES

Assessments and levies

149. (1) A council may assess its cost or a portion of its cost, together with financing charges, upon real property that is directly benefited by a public work of the council, including

(a) the construction of water lines, sewer lines, storm systems and the service connections of storm systems; and

(b) the construction of curbs, gutters, sidewalks or streets or the upgrading or paving of streets,

and this cost shall be known as "the local improvement assessment".

(2) Where a public work of a council or an action of a council on or off a real property designed to

(a) develop municipal services; or

(b) expand the capacity of municipal services;

makes that real property

(c) capable of being developed;

(d) have an increased density of potential development; or

(e) have an enhanced value,

that council may impose a charge on that real property to be known as a "service levy".

(3) A service levy shall not exceed the cost or estimated cost, including financing charges to the municipality of improving or constructing the public works referred to in subsection (2) that are necessary for the real property to be developed in accordance with the standards required by the council and permitted by that council on that real property.

Method

150. (1) Local improvement assessments made under subsection 149(1) shall be assessed according to the frontage of the real property abutting the highways directly benefited by the public work.

(2) The amount of the local improvement assessment against each portion of real property shall bear the same ratio to the total cost to the council of the public work, together with financing charges, that the frontage of that portion bears to the total of the frontages to be assessed.

(3) Where the portion of real property to be assessed is a corner lot or an irregularly shaped lot, the council may consider the length of frontage for local improvement assessment purposes to be more or less than the actual frontage directly benefited by the public work.

(4) A service levy imposed under subsection 149(2) shall be assessed on the real property based upon the

(a) amount of real property benefited by the public work related to the total of the real property that is benefited; and

(b) density of development made capable or increased by the public work.

Agricultural land

151. A council may defer the payment of all or a portion of the payment of a local improvement assessment on land primarily used for agriculture while that land continues to be used for that purpose.

Non-discriminatory

152. Where a council decides to impose a local improvement assessment under subsection 149(1), it shall, afterward, impose an assessment on other portions of real property similarly benefited by a public work of that council.

Payment

153. A local improvement assessment or service levy imposed under section 149 shall be paid by the owner of real property at the time and in the manner which the council may determine.

Lien

154. (1) Arrears in instalments of a local improvement assessment or service levy attach to the real property assessed and constitute a lien upon that real property except where the real property is sold for taxes or arrears in an assessment or service levy.

(2) A service levy attaches to the real property in respect of which it has been made and constitutes a lien upon that real property, except where the real property is sold for taxes, arrears in an assessment, or arrears of a service levy.

(3) Sections 134 to 147 apply, with the necessary changes, to a lien constituted under subsections (1) and (2).

Collection as civil debt

155. Arrears of payment of a local improvement assessment, or arrears in a service levy imposed by a council may be collected in addition to the other methods of collection provided for in this Act by action in the name of the council as a civil debt due to the council.

PART VII
SERVICES

Water and sewage systems

156. (1) A council may, subject to the Environment Act and regulations made under that Act, construct, acquire, establish, own and operate

(a) a public water supply system for the distribution of water within or, with the approval of the minister, outside of the municipality;

(b) a public sewage system, either independently of or in conjunction with a public water supply system, for the collection and disposal of sewage within or, with the approval of the minister, outside of the municipality; and

(c) a storm drainage system within or, with the approval of the minister, outside of the municipality.

(2) For the purpose of subsection (1) the council may

(a) acquire waters required for the purpose of providing a sufficient supply of water for the municipality; and

(b) acquire by purchase or expropriation lands adjacent to those waters to prevent pollution of those waters.

(3) For the purpose of exercising its powers under subsection (1), a council may lay out, excavate, dig, make, build, maintain, repair and improve all drains, sewers, and water supply pipes that the council considers necessary.

Acquisition of private systems

157. (1) A council may acquire and take possession of a drain, sewer, or water supply pipes, machinery and plant constructed by a person, upon terms of compensation to a person having an interest or right as owner or otherwise in the drain, sewer, or water supply pipes, machinery or plant that may be agreed between the council and that person.

(2) Where an agreement cannot be made under subsection (1), the compensation shall be determined and paid in accordance with the expropriation provisions of this Act.

Right of entry

158. (1) Employees or agents of a council authorized by that council may enter upon all real property and at reasonable times into the buildings and structures on real property, whether publicly or privately owned, to do all things necessary for the purpose of making surveys or examinations or obtaining information relative to the construction, alteration, repair, maintenance or inspection of a water supply system, sewage system, storm drainage system or other works that the council is empowered to undertake or to control in the municipality.

(2) Employees or agents of a council may at reasonable times enter upon all real property, whether publicly or privately owned, and enter into the buildings or structures on real property for the purpose of carrying into effect the work and system of water supply, sewage and storm drainage or other works that the council is empowered to undertake or control in the municipality.

Right to construct

159. (1) A council may

(a) break up, dig, excavate and open up highways, or real property, whether publicly or privately owned, that may be necessary to operate, construct, maintain, repair or improve a system described in section 156;

(b) pass and repass and carry material over highways or real property described in paragraph (a); and

(c) lay down pipes, drains and other components of systems described in section 156 upon or in the lands described in paragraph (a).

(2) Notwithstanding subsection (1), a council shall not enter upon, break up or otherwise interfere with a highway vested in the Crown under section 5 of the Works, Services and Transportation Act without the written consent of the minister responsible for that Act under the Executive Council Act.

Council to give notice

160. Before engaging in an activity authorized by section 157, 158 or 159 on private property a council shall give the owner of the property reasonable notice that it intends to engage in that activity.

Diversion of watercourses

161. (1) Subject to the Environment Act and regulations made under that Act, a council may alter or divert a watercourse, whether publicly or privately owned, within the municipality for the purpose of improvement of a watercourse or of the water supply or of the removal of the sewage of the municipality or for storm drainage purposes, or for the purpose of carrying out a development, and may remove impure or offensive soil, lay pipes, construct drains, grade surrounding land, change the directions of or fill up the watercourse, as the council considers necessary.

(2) A council may for the purpose of subsection (1) enter upon all lands within the municipality and dig and excavate upon those lands and go under all buildings and structures that may be erected on the lands, and may require the owner or occupier of all buildings and structures upon those lands to make alterations in the walls, cellars and other portions of the buildings and structures that may be necessary for those purposes.

Compensation for injurious affection

162. A council shall compensate a person injuriously affected by anything done under sections 158 to 161 in a sum that may be agreed, and where an agreement cannot be made, the compensation shall be determined and paid in accordance with the expropriation provisions of this Act as if the injurious affection had been caused by expropriation.

Ownership of highways

163. (1) The ownership, management and control of all highways, sidewalks and bridges in the municipality, except highways vested in the Crown under section 5 of the Works, Services and Transportation Act, are vested in the council.

(2) Where a council is established to govern an area that was a townsite or other area owned by a corporation, all highways, sidewalks and bridges are considered to be public except those specifically retained by the corporation that are necessary to the corporation's operations.

Private roads

164. (1) A privately constructed road that is to be used by the public may be taken over by a council as a highway, without compensation, upon that council being satisfied that the road has been brought up to a standard satisfactory to it and may reasonably be regarded as necessary for public use.

(2) A person shall not open or make a new highway designed for public use through privately owned land in a municipality except with the prior written approval of the council and in accordance with conditions and specifications imposed by that council in its approval.

Construction

165. (1) A council may construct public highways, sidewalks and bridges and improve, realign, alter the level of, and repair existing public highways, sidewalks and bridges.

(2) A person shall not break up the surface of a public highway, sidewalk or bridge or erect or place a structure or erection in, on or under them without the prior written approval of the town council and in accordance with conditions imposed by the council in its approval.

Closing

166. A council may order the closing of a public highway, sidewalk or bridge either temporarily, in order to effect repairs or to prevent damage to the highway, sidewalk or bridge, or permanently, where the council considers it necessary to do so.

Acquisition of property

167. A council may acquire, by agreement or expropriation, real property contained within highway reservations, highway improvement lines and highway lines.

Removal of projections

168. (1) A person shall not construct or place steps, a fence, building, erection or other projection on or over land reserved for a public highway or sidewalk.

(2) The owner of a projection set out in subsection (1) that has been placed into or over a reservation after it has been designated by a council, without the written approval of that council, shall pay the cost of that removal.

(3) Where the projection described in subsection (1) has been placed into or over a reservation before it has been designated or approved by the council, that council shall pay the cost of removal and shall compensate the owner in an amount to be agreed for the loss of his or her property, or where an agreement cannot be reached, in an amount determined as if it were an expropriation under this Act.

Parking lots

169. (1) A council may acquire, by agreement or expropriation, real property necessary for parking lots, and may establish and construct parking lots and charge for their use in an amount that the council may establish.

(2) A person shall not, within a municipality, operate or construct a parking lot except under and in accordance with a written permit from the council.

Lighting

170. A council may provide highway and area lighting within the municipality and may enter into agreements with a person to provide that lighting.

Names and numbering

171. (1) A council may name and mark all highways within the municipality and may require the owners of all buildings on the highways to number those buildings.

(2) A council may establish an appropriate form and size for the numbering under subsection (1).

Removal of vehicles

172. (1) Where a vehicle

(a) is parked upon a public highway, sidewalk or bridge in a position that may

(i) interfere with pedestrian or vehicular traffic,

(ii) constitute a hindrance to the maintenance, repair or improvement of the highway, sidewalk or bridge,

(iii) hinder or impede the ploughing of or removal of snow or ice from the highway, sidewalk or bridge, or

(iv) hinder or impede the carrying out of an undertaking of the council; or

(b) has been apparently abandoned upon a public highway, sidewalk or bridge for longer than 24 hours,

a person authorized for the purpose by the council may remove the vehicle to a place selected by the authorized person.

(2) Before the vehicle is returned to its owner, the owner shall pay the costs of its removal and storage as determined by the council and where those costs are not paid by the owner, that council may, after giving notice to the owner, sell the vehicle by public auction to satisfy those costs.

(3) A sale under subsection (2) vests clear title in the purchaser free from all encumbrances and residual amounts received over and above the costs of its removal, storage and sale shall be paid over to the owner or to a person who satisfies the council that he or she has a prior encumbrance.

Movement of vehicles

173. (1) A structure, object or vehicle, other than a vehicle licensed under the Highway Traffic Act, shall not move over a public highway or bridge without the written consent of the council.

(2) Notwithstanding subsection (1), a vehicle that is propelled over tracks or other device, other than tires, shall not move over a public road or bridge without the written consent of the council.

Recreational facilities

174. A council may acquire or establish parks, stadiums and other recreational facilities within the municipality, and, subject to the approval of the minister, outside the municipality.

Grants and loans

175. A council may guarantee loans, make grants-in-aid or provide loans to a corporation or commission created for the purpose of providing parks, stadiums or other recreational facilities of benefit to the municipality, subject to the conditions which the council may prescribe.

Collection, etc. of waste

176. A council shall provide for the collection of solid waste within the municipality and for its disposal in a manner and in a place, either inside or outside the boundaries of the municipality, in accordance with the Waste Material Disposal Act and regulations made under that Act.

Charges

177. (1) A council may charge a fee to a person who occupies real property, either as owner or tenant of the property, for the collection and disposal of solid waste and may vary these charges by class of premises or by volume of solid waste removed.

(2) For the purpose of subsection (1) a tenant does not include a lodger or a boarder.

(3) A council may exempt from payment of the fee imposed under subsection (1) persons who are subject to the poll tax or to a real property tax imposed with respect to the real property from which solid waste is removed.

Removal of waste

178. A council may remove from real property solid waste, noxious substances and anything that poses a hazard to public health and safety or adversely effects the amenities of the surrounding property, and charge the owner or occupier of the real property for the costs of its collection and disposal.

Municipal enforcement officers

179. (1) A council may appoint one or more municipal enforcement officers.

(2) A municipal enforcement officer appointed under subsection (1) has the powers of a member of the Royal Newfoundland Constabulary with respect to the enforcement of this Act and regulations made under this Act within the municipality for which he or she is appointed.

Agreements re policing

180. A council may enter into agreements

(a) with the government of the province for the use of members of the Royal Newfoundland Constabulary; or

(b) subject to the approval of the Lieutenant-Governor in Council, with the Government of Canada for the use of members of the Royal Canadian Mounted Police

to perform the duties of a municipal enforcement officer.

Powers and duties

181. A member of a police force set out in section 180 has the powers and may exercise the duties of a municipal enforcement officer, where an agreement has been entered into under that section.

Agreement re jails

182. A council may enter into an agreement with the government of the province for providing and maintaining a jail in the municipality and for maintaining and caring for prisoners.

Fire department

183. A council may establish, operate and maintain a fire department composed entirely or partly of volunteer members or of paid employees, and acquire or provide a fire hall, fire alarm system, fire engines, hydrants and other apparatus and appliances for the purpose of fire fighting, fire prevention and responding to and providing emergency services for other emergencies that may be authorized by the minister, either inside or outside the municipality's boundaries.

Agreements

184. A council may enter into agreements with other municipalities, local service districts or persons for joint fire fighting or for responding to other emergencies.

Fire spread prevention

185. (1) The officer in charge of a fire department may attach and fix to a private or public building or structure, in a manner satisfactory to him or her, fire alarms, wires and fastenings that he or she considers necessary for carrying on the work of the department or staying the progress of or preventing fire.

(2) The officer in charge of a fire department at a fire may, where he or she considers it necessary in order to extinguish or stay the progress of a fire, pull down or remove a private or public building or structure, or part of the building or structure.

Right re traffic

186. (1) The officers and members of a fire department, together with their fire engines, apparatus and appliances have the right of way over all traffic while proceeding to answer an alarm of fire or responding to other emergencies.

(2) The officer in charge of a fire department at a fire or other emergency may close all highways in the vicinity of a fire or other emergencies.

Power to enter building

187. (1) Members of a fire department may enter and convey hose and other fire fighting appliances and apparatus through a public or private building or structure or over real property for the efficient fighting of a fire.

(2) An action shall not lie against an officer or member of the fire department, or the council, with respect to damage necessarily occasioned to the buildings or structure as a result of an action under subsection (1).

Other fire department

188. The officers or members of a fire department of another municipality or a local service district fire department, or person that gives aid to a fire department in fighting a fire or responding to other emergencies are considered to be officers and members of that fire department while they are giving that aid.

Prohibition

189. (1) A person shall not obstruct an officer or member of a fire department in the discharge of his or her duties or wilfully retard the passage of an engine, apparatus or appliance used by that officer or member.

(2) A person shall not wilfully give a false alarm of fire to a fire department or to another person by ringing an alarm signal or operating a siren or other device used to signal the existence of a fire or by telephone or by other means.

Public transportation system

190. (1) A council may establish and operate a public transportation system either on its own or through a commission established for that purpose, and may establish and charge fares for the use of the system.

(2) A council may enter into an agreement with a person, for a period that the council considers appropriate, granting to that person an exclusive right to establish and operate a public transportation system within the municipality, subject to rates for fares and other conditions that may be set out in the agreement.

(3) A council may erect, or authorize the erection of, public waiting areas for public transportation.

Public libraries

191. A council may contribute towards the establishment, conduct and maintenance of a public library in the municipality, and may provide accommodation and other services to the library.

Cemeteries

192. (1) A council may acquire, establish, own and operate a cemetery or crematorium and may, for that purpose, acquire land within or outside the boundaries of the municipality.

(2) A council may sell or lease the whole or part of property acquired under subsection (1) for the purpose of establishing a cemetery or crematorium, or for burial plots, under terms that the council may set out in the sale or lease.

(3) A cemetery or crematorium may not be established in a municipality except with the consent of the council.

PART VIII
CONTROLS

Minimum lot size

193. Notwithstanding regulations which a council may make with respect to lot size, a council may by resolution establish minimum lot sizes for the municipality.

Building prohibition

194. A person shall not within a municipality

(a) erect a building;

(b) extend, repair, relocate or demolish an existing building;

(c) change the use for which an existing building is or was last held or occupied; or

(d) occupy a building that has been vacant for a period of 6 months or more or a newly constructed building,

except in accordance with a written permit from the council.

Water and sewage prohibition

195. (1) A person shall not within a municipality

(a) construct a privy or sewer system, septic tank, or sewer; or

(b) make or use a new water supply or system

except in accordance with a written permit from the council.

(2) A council shall not approve a permit under subsection (1) without the prior written approval of the Department of Health and Community Services and the Department of Environment and Labour.

Storm drainage

196. (1) A person shall not within a municipality

(a) dig or construct ditches, drains or culverts;

(b) make greater use of existing ditches, drains or culverts; or

(c) connect to an existing storm drainage system, whether publicly or privately owned,

except in accordance with a written permit from the council.

(2) A council shall not approve a permit under subsection (1) without the prior written approval of the Department of Environment and Labour.

Signs

197. A person shall not, within a municipality, erect a sign except in accordance with the terms of a permit issued by the council.

Sales from vehicles and stands

198. Where a council by regulation requires a permit for the sale of food or goods from or in association with a vehicle, stand or other movable, collapsible or temporary structure whether inside or outside a building, a person shall not carry out that sale unless he or she has a permit issued by that council.

Place of entertainment prohibition

199. A person shall not operate a place of entertainment within a municipality except in accordance with the terms of a written permit from the council.

Heritage areas

200. (1) A building, structure or land designated by a council as a heritage building, structure or land shall not be demolished or built upon nor the exterior of the building or structure altered, except under a written permit of the council specifically authorizing the alteration and in accordance with the terms and conditions of the permit.

(2) A council may establish a heritage advisory committee to advise the council on regulations made with respect to heritage buildings, structures and lands and the preservation of the real property designated under that section.

Property acquisition

201. (1) A council may acquire and hold real and personal property which is not necessary for the operations of the council under this Act.

(2) Notwithstanding subsection (1), a council shall not acquire and hold real and personal property under that subsection without the prior written approval of the minister.

Business improvement areas

202. (1) In this section

(a) "board" means a board of management of a designated business improvement area established by a council under this section; and

(b) "business improvement area" means a commercial area of a municipality which, in the opinion of a council and in the interest of that council requires improvement, beautification or maintenance and which has been designated as such under this section.

(2) A council may make regulations

(a) to declare and designate business improvement areas within a municipality;

(b) respecting the enhancement and improvement of a business improvement area;

(c) respecting special projects, activities or events to improve an area;

(d) respecting the powers, duties, election and procedures of a board;

(e) respecting grants to promote a business improvement area;

(f) respecting the imposition of a surcharge, no greater than 10% of the business tax imposed, for the purpose of covering the operating expenses of a board;

(g) respecting the allotments of funds for a business improvement area;

(h) respecting the raising of funds for a business improvement area; and

(i) respecting the expenditure of funds by a board.

(3) A council shall before designating a business improvement area give written notice of the intended regulations to all persons, groups, businesses, organizations and companies within the proposed business improvement area which have been assessed for business tax in the last revised assessment roll of the municipality.

(4) A council shall not designate a business improvement area where, within 30 days of giving written notice, 1/3 of those entitled to that notice under subsection (3) and representing 1/3 of the assessed business tax in the proposed business improvement area give written notice to the clerk of the objections to the designation of a business improvement area.

(5) Where a council designates a business improvement area under subsection (2), it shall appoint annually a board of management which shall be responsible for the management of that business improvement area.

(6) A council may by regulation dissolve a business improvement area and a board of a business improvement area

(a) upon receipt of a petition by persons qualified to reject the establishment of a business improvement area referred to in subsection (4); and

(b) where a board has not functioned for a period of one or more years.

203. (1) A council may encourage economic development as it considers appropriate and for that purpose, may enter into an agreement with another municipality, local service district, agency, person or the government of the province.

(2) In this section, "economic development" means the continuation, expansion or establishment of a business or industry.

State of emergency

204. Where, in the opinion of a council, chairperson or mayor, an emergency exists because of

(a) a disaster;

(b) a snowstorm or flood; or

(c) a shortage of water

the council, chairperson or mayor may declare a state of emergency in the municipality or part of the municipality.

PART IX
COUNCIL MATTERS

Remuneration and expenses

205. Notwithstanding section 99, a council

(a) may pay to the chairperson, deputy chairperson, mayor, deputy mayor and other councillors the annual or other remuneration that may be agreed upon by the council as determined by a 2/3 vote of the councillors in office and in accordance with the regulations; and

(b) may by a vote of the majority of the councillors reimburse the chairperson, deputy chairperson, mayor, deputy mayor and other councillors for reasonable expenses incurred by them in the conduct of municipal business.

Vacancies

206. (1) The office of a councillor becomes vacant where

(a) he or she resigns, in writing, from the date specified in his or her resignation, or, where a date is not specified, from the date when he or she files his or her resignation with the clerk or, where he or she resigns at a meeting of the council, from the time of that resignation;

(b) he or she is a member of a council of a municipality that is dismissed under the Municipal Affairs Act, or where under that Act, he or she is dismissed as a member of a council;

(c) he or she stops being ordinarily resident in the municipality;

(d) he or she has been absent from the municipality for more than one year;

(e) he or she becomes indebted to the council for arrears of taxes for the previous taxation year of the council;

(f) without leave of the council, he or she

(i) is not sworn into office within 60 days after his or her election, and

(ii) does not attend regular public meetings of the council for 3 successive months;

(g) he or she accepts without the prior written approval of the minister, an office or employment under the council to which a salary or remuneration, not including an honorarium payable out of the funds of the council, is attached;

(h) he or she fails to vote on a matter before the council when required to vote; or

(i) the council declares the councillor's office vacant under subsection (2).

(2) A council shall, by resolution, declare vacant the office of an elected councillor where that councillor

(a) fails to disclose that he or she has a conflict of interest in a matter being discussed by the council; or

(b) discusses or votes on a matter on which he or she has a conflict of interest.

(3) A councillor in respect of whom a resolution is made under subsection (2), shall not vote on that resolution.

(4) A councillor shall not sit or act as a councillor after his or her office becomes vacant.

Conflict of interest

207. (1) A councillor shall not vote on or speak to a matter before the council or a committee of the council where

(a) the councillor has a monetary interest in the matter distinct from an interest arising from his or her functions as a councillor;

(b) the councillor has a monetary interest directly or indirectly in the matter;

(c) a relative of the councillor has a monetary interest in the matter; or

(d) the councillor is an officer, employee or agent of an incorporated or unincorporated company, or other association of persons, that has a monetary interest in the matter.

(2) For the purpose of subsection (1) a relative of a councillor means a father, mother, spouse, sister, brother, child, step-child, ward, mother-in-law, father-in-law, sister-in-law, or brother-in-law of the councillor.

(3) For the purpose of subsection (2), "spouse" means a person to whom a councillor is married or with whom the councillor is living in a conjugal relationship outside marriage, but does not include a person to whom the councillor is married if they have made a separation agreement or if their support obligations and family property have been dealt with by a court order or separation agreement.

(4) In order for an interest to be considered as one falling within the prohibition set out in subsection (1) it shall be an interest distinct from an interest held in common with the other citizens or classes of citizens of the municipality.

Disclosure

208. (1) Where a councillor has an interest described in subsection 207(1), the councillor shall

(a) state that he or she has that interest; and

(b) state the nature of the interest at the beginning of discussion on the matter in which he or she has that interest,

and that statement respecting his or her interest shall be recorded in the minutes of the council, or a committee of the council, where that statement was made at a committee meeting.

(2) Where a councillor declaring a conflict of interest under subsection (1) is the presiding officer, he or she shall vacate the chair.

(3) Where a councillor declares a conflict of interest under subsection (1) he or she shall immediately leave the meeting while the matter on which he or she has a conflict of interest is being discussed.

(4) Where one or more councillors have declared a conflict of interest under subsection (1) and there is no longer a quorum to vote on a matter, the minister may direct that the remaining councillors make a decision on the matter as if those remaining councillors constituted a quorum.

(5) Where all councillors have declared a conflict of interest under subsection (1), the minister may require that an official of his or her department prepare a report respecting the matter and where the report indicates that the councillors should proceed with making a decision, the minister may exempt the council from the application of section 207, and the councillors may vote on the matter.

Decision of council

209. (1) Where a councillor is in doubt as to whether or not he or she has a monetary interest that is a conflict of interest under section 207, he or she shall make a disclosure and the council may decide the question by majority vote and its decision on the matter is final.

(2) A councillor whose possible conflict of interest is being voted on is not entitled to vote.

Disclosure statement

210. (1) The councillors, clerk, manager, treasurer and department heads of a municipality, shall complete annually, a disclosure statement in a form which the council may establish setting out the interest of a councillor or an employee that may place him or her in a conflict of interest.

(2) A disclosure statement completed under subsection (1) shall contain

(a) a list of real property owned by the councillor or employee within the municipality and the percentage of ownership;

(b) a listing of corporate shares owned by the councillor or employee, outlining the name of the corporation and the number of shares of each;

(c) a list of businesses owned by the councillor or employee within the municipality and the percentage of ownership; and

(d) additional information that the council may prescribe.

(3) Disclosure statements required under subsection (1) shall be completed by

(a) a councillor, not later than 60 days after he or she takes office following his or her election or appointment and not later than March 1 in each succeeding year in office; and

(b) the clerk, manager, treasurer and department heads not later than March 1 of each year.

Quorum

211. (1) A majority of the number of councillors that may be elected or appointed for a municipality constitutes a quorum for the purpose of a meeting of the council.

(2) Notwithstanding subsection (1), where the number of councillors available to attend meetings is less than a quorum, the minister may authorize the councillors who are available to attend meetings to perform the functions of the council that he or she may prescribe.

(3) Notwithstanding subsection (1), where the number of councillors holding office is less than a quorum, the minister may appoint a sufficient number of councillors to make a quorum.

(4) Notwithstanding subsections (1) and (3), where the number of councillors holding office is less than a quorum, the minister may authorize the councillors remaining in office to perform those functions of the council that he or she may prescribe.

Voting

212. (1) A motion or resolution before a council shall be decided by a majority vote of the councillors in attendance at the meeting except where a 2/3 vote of the councillors in office is required.

(2) A councillor shall not abstain from voting on a motion or resolution before the council unless he or she is required to abstain from voting because of a conflict of interest under section 207 or he or she has been permitted to abstain by a majority vote of the other councillors in attendance at the meeting.

(3) Where a councillor abstains from voting on a motion or resolution, a decision shall not be made on that motion or resolution unless the number of councillors in favour of the motion or resolution is equivalent to or more than a majority of the councillors in attendance at the meeting.

(4) The minutes of a council meeting shall indicate the names of the councillors who vote for and against and who abstain from voting on a motion or resolution.

(5) Where there is a tie vote on a motion or resolution, that motion or resolution shall be considered to be defeated.

Privileged meetings

213. (1) A meeting of a council shall be open to the public unless it is held as a privileged meeting or declared by vote of the councillors present at the meeting to be a privileged meeting.

(2) Where a meeting is held as a privileged meeting or declared to be a privileged meeting, all members of the public present at the meeting shall leave.

(3) A decision of the councillors made at a privileged meeting shall not be valid until that decision has been ratified by a vote of the councillors at a public meeting.

Public tenders

214. The execution of public works, the acquisition of goods or services and the leasing of space by a council shall be in accordance with the Public Tender Act and in this section, "public works" and "goods or services" have the same meaning as in that Act.

Inspection of documents

215. (1) The following documents shall be made available by the council for public inspection during the normal business hours of the council:

(a) adopted minutes of the council;

(b) assessment rolls;

(c) regulations;

(d) municipal plans;

(e) opened public tenders;

(f) financial statements;

(g) auditor's reports;

(h) adopted budgets;

(i) contracts;

(j) orders;

(k) permits;

(l) councillor disclosure statements filed under section 210; and

(m) all other documents tabled or adopted by council at a public meeting.

(2) A person making an inspection under subsection (1)

(a) shall not remove the document from the place where it is located or interfere with an employee of the council in the performance of his or her duties; and

(b) may make extracts from the documents, and may, where the council has copying equipment, have a copy made of the documents upon payment of a fee equal to the actual cost of providing that copy.

Copies of documents

216. (1) Where an action has begun in a court or the Trial Division and the clerk of a municipality is satisfied or the court or the Trial Division has ordered that an extract from a document in the possession of or under the control of the clerk is required in evidence in the action, the clerk shall, upon payment of a charge that may be prescribed by the council, provide to the person requiring the extract a certified copy of the extract with the seal of the council attached to the extract.

(2) An extract provided under subsection (1) purporting to be certified by the clerk and having the seal of the council attached to it shall be received in evidence as presumptive proof without proof of the appointment or signature of the clerk or the seal of the council.

Authentication of documents

217. (1) All deeds and documents to which the council is a party and to which a seal is necessary shall be authenticated by the seal of the council and the chairperson or mayor, and the clerk, when authorized by the council, shall authenticate the deeds and documents by signing and initialling each page of them.

(2) Where a mayor, chairperson or clerk disqualifies himself or herself from acting as a signatory to a deed or other document to which the council is a party, the council shall appoint a councillor to act as a signatory in the place of the person who disqualifies himself or herself.

Agent

218. A council may act as the agent of the Government of Canada or the province, or another municipality, for the management of property in the municipality owned or leased by that government or municipality, by agreement with that government or municipality.

Joint ventures

219. A council may enter into an agreement with the government of the province, another municipality, agency or person for the joint construction, ownership, maintenance and operation of a facility or service that the council is permitted to construct, own, maintain and operate under this Act.

Plebiscites

220. (1) A council may, by a vote of 2/3 of the councillors in office, hold a plebiscite in the municipality for the purpose of determining the views of the voters in the municipality and may

(a) set the date for the holding of the plebiscite; and

(b) define the question to be voted on in the plebiscite.

(2) A plebiscite shall, with the necessary changes, be held in accordance with Part XII of this Act.

Private services

221. A council may contract to do work, supply goods or provide a service not authorized for the council under this Act where it has equipment, staff or goods surplus to its needs and charges normal commercial rates for the work, goods or service, as long as that work, supply or service is not in competition with a non-council entity that is located in the municipality.

PART X
EXPROPRIATION

Expropriation

222. A council may, with the approval of the minister, expropriate land, or property or an interest in land or property in accordance with this Act for the use of the council for the purpose of the powers given to it under this Act or incidental to this Act where,

(a) the person who owns the land or property or an interest in the land or property refuses to accept the sum offered in writing by the council;

(b) the person who owns the land or property or an interest in the land or property is incapable of conveying the land, property or interest, or cannot be found in the province or is not known;

(c) for another reason, agreement cannot or may not be reached with the person; or

(d) for another reason the council considers it advisable to do so.

Right of entry

223. A council may, by a person whom it may authorize for that purpose, ascertain and delimit the land or property or interest in the land or property to be expropriated and for that purpose the authorized person has the right to enter upon the land or property to ascertain, measure and obtain a plan and description of it.

Method of expropriation

224. (1) A council shall notify the owner in writing that the land or property, which shall be delimited or described in the notice, is required and is to be expropriated under this Act.

(2) Ten days after the service of the notice of expropriation on the owner, or, where the owner is incapable of conveying the land, property or his or her interest in the land or property, or cannot be found in the province or is not known, or where for another reason personal service cannot be conveniently effected, then 10 days after the posting up of a notice of expropriation in a conspicuous place upon the land or property, the land or property vests in the council and the council may immediately enter upon the land or property and take possession of it.

Compensation

225. (1) A council shall make compensation to the owner of land, property or an interest in the land or property expropriated under this Act or to the owner of land or property injuriously affected by the expropriation made under this Act.

(2) An advantage which the owner of the expropriated land or property may derive or is likely to derive directly or indirectly from the contemplated work and operation for which the expropriation has taken place shall be taken into account in reducing the compensation paid under subsection (1).

Board of assessors

226. (1) The amount of compensation to be paid under section 225 shall be ascertained by a board of assessors consisting of a chairperson and 2 other assessors.

(2) A council shall appoint one assessor.

(3) A council shall, by written notice, require the owner of land, property or an interest in the land or property that has been expropriated or injuriously affected to appoint an assessor and the owner shall, within 30 clear days after the date of the notice, appoint one assessor.

(4) Where the owner of the land, property or an interest in the land or property that has been expropriated or injuriously affected cannot be found or the council does not know who the owner is, the council may appoint an assessor in addition to the assessor appointed by it under subsection (2).

(5) Where the owner of the land, property or an interest in the land or property that has been expropriated or injuriously affected refuses or neglects to appoint an assessor within the time set out in subsection (3), or is incapable of appointing an assessor, the council may apply to a judge of the Trial Division who, after notice to the owner that appears appropriate, or without notice to the owner where it appears to him or her to be desirable to dispense with that notice, shall appoint the owner's assessor.

(6) The assessors appointed by the council and the owner under this section shall appoint a third assessor to be chairperson of the board of assessors.

(7) Where the 2 assessors referred to in subsection (6) fail to appoint the chairperson of the board of assessors after 7 clear days' notice in writing from the council or the owner to make that appointment, a judge of the Trial Division shall, on the application either of the council or the owner, appoint the chairperson.

Agreement on compensation

227. (1) Notwithstanding section 226, where a council and the owner of land, property or an interest in land intended for expropriation or injuriously affected by an expropriation agree upon an amount of compensation, that compensation may be paid without reference of the matter to a board of assessors under section 226.

(2) An agreement reached under subsection (1) shall be in writing and approved by 2/3 vote of the councillors in office at the time of the agreement.

More than one owner

228. Where a council decides to expropriate more than one piece of land or property belonging to different owners in a particular area, and the council and an owner do not agree upon the amount of compensation, the amount to be paid every owner with whom agreement cannot be reached is to be ascertained by a board of assessors to be appointed in accordance with section 226.

Oath or affirmation

229. A member of a board of assessors shall, before entering upon the duties of his or her office, take and sign the following oath or affirmation of office before a person authorized to administer oaths:

"I, A. B., swear (affirm) that I shall to the best of my ability faithfully perform the duties of a member of a board of assessors appointed under the Municipalities Act, 1999, in connection with the expropriation of land or property by the _____________________________ council." (Where an oath is taken, add "So help me God".)

Assessors

230. (1) The assessors on a board of assessors are considered to be assessors and not arbitrators and their finding or the finding of 2 of them is considered to be the award of the board of assessors and is final and binding on the parties to the assessment by that board.

(2) The board of assessors

(a) may administer oaths to the parties and the witnesses appearing before them and take their affirmations; and

(b) may correct in an award a clerical mistake or error arising from an accidental slip or omission.

Appeal

231. (1) A council or an owner of land or property that has been expropriated under this Act may, within 30 days after the date of an award of a board of assessors, or of an agreement under section 227, give to the other party notice of an appeal to the Trial Division against the findings of the board of assessors upon a question of law or fact in connection with the expropriation or upon the question of the amount of compensation awarded by the board of assessors or agreed upon between council and the owner or injuriously affected person.

(2) Costs of an appeal under subsection (1) may be awarded by the Trial Division for or against the council.

Technical objection

232. (1) An award of the board of assessors is not invalid because of a want of form or other technical objection where this Act has been substantially complied with and where the award clearly states the compensation awarded and clearly indicates the lands or property in respect of which the compensation has been awarded.

(2) A board of assessors may name in the award the person to whom compensation is to be paid but the lands or property in respect of which the award has been made are to be clearly indicated.

Time of award

233. (1) The award of a board of assessors shall be in writing and shall be made within 60 days of the appointment of the board, unless that period is extended by the council, and immediately upon being made, shall be delivered to the council.

(2) Notwithstanding subsection (1), the time within which an award is to be made shall not be extended without the consent of the owner of the land being expropriated or injuriously affected.

Compensation

234. (1) The amount of compensation awarded by the board of assessors shall be paid within 6 months of the date of the award.

(2) Where the compensation is not paid within 30 days of the date of the award, it bears interest at the rate of prime plus 1% a year until the date of payment.

Leasehold interest

235. (1) Where land or property expropriated under this Act is subject to a lease or sublease for a term of not less than one year, the board of assessors shall apportion the compensation fixed in respect of the land or property between the lessor, lessee and sublessee or their assigns in the manner that the board of assessors may decide.

(2) Where only a part of land or property subject to a lease described in subsection (1) is expropriated, the board of assessors shall apportion the rent payable in respect of the land or property between the land or property expropriated and the residue of the land or property, and, after the apportionment, the lessee and sublessee or their assigns are liable, as to all future accruing rent, only for so much of the rent as is apportioned in respect of the land or property not expropriated.

(3) With respect to the land or property not expropriated as set out in subsection (2), the lessor shall have all of the same rights and remedies against the lessee, sublessee, or their assigns for the recovery of the portion of the rent, as he or she had previously, to the apportionment for the recovery of the whole rent reserved by the lease, and all of the covenants, conditions and agreements of the lease, except as to the amount of rent to be paid, remain in force with regard to that part of the land or property that is not expropriated in the same manner as they would have done, as if that part of the land or property had been included in the lease or sublease.

Transfer of land

236. (1) Where land or property is expropriated, and the board of assessors is of the opinion that the owner of the land may be properly indemnified by having a portion of land assigned to him or her from land of the council adjoining the land or property expropriated, the board of assessors may, with the consent of the council, mark off so much of the adjoining land of the council as appears sufficient to the board of assessors to replace the land taken by expropriation.

(2) The land or property marked off under subsection (1), and consented to by the council, is considered to be an award by the board of assessors, and upon transfer of the land or property by the council to the party whose land has been expropriated, is considered to be full compensation under this Act.

Costs

237. (1) A board of assessors may award costs in respect of a hearing before them under this Act, but the costs shall be taxed by a taxing officer of the Trial Division in accordance with the lower scale of costs in the Rules of the Supreme Court, 1986.

(2) Where

(a) the compensation awarded by a board of assessors is greater than the sum that the council offered in writing in respect of the land that was expropriated or injuriously affected, the council shall pay the costs and expenses of the hearing before the board of assessors and the fees of that board provided for in this Act;

(b) the compensation awarded by the board of assessors does not exceed the sum offered, the person who refused the offer shall pay the costs and expenses of the hearing and fees of the board of assessors; and

(c) in respect of land expropriated or injuriously affected, no sum was offered before expropriation, the costs and expenses of the hearing and fees of the board of assessors shall be paid by the party designated by the board of assessors or may be shared by all parties as designated by that board.

Abandonment

238. Where a property is no longer required by a council and the expropriation, conveyance and compensation have not been made, the council may abandon the expropriation proceedings including a reference to the board of assessors, an agreement under section 227 and an appeal under section 231.

Fees

239. (1) A council shall fix the fees to be paid to the members of the board of assessors and may enter into an agreement with the members for the payment to them of a fixed amount for their fees.

(2) The execution of an agreement under subsection (1) is a full discharge of all claims by the members of the board of assessors for remuneration under this Act.

Register

240. A register containing the particulars of all expropriations under this Act and of the notices and awards served, posted up or made in connection with those expropriations shall be kept by the council.

Notice

241. (1) A notice of expropriation may be given under this Act where an agreement as to the compensation to be paid or given, subject to proof of title, has been made between the person who, in the opinion of the council, is the apparent owner of the land and the council.

(2) Where a notice of expropriation is given under subsection (1), it shall be posted in a conspicuous place on the land in addition to the notice of expropriation being served on the person who is the apparent owner.

(3) Where land is expropriated under subsection (1), a reference shall not be made to the board of assessors where the apparent owner establishes his or her title, and where it is found that the apparent owner is not the true owner, compensation is to be assessed and paid to the true owner in accordance with this Act.

Registration of notice

242. (1) A copy of the notice of expropriation, upon which is endorsed or to which is attached an affidavit or a certificate of oath or affirmation in proof of service of the notice upon the owner or of the posting of the notice in accordance with this Act, may be registered in accordance with the Registration of Deeds Act without proof for registration and without payment of fees.

(2) The provisions of the Registration of Deeds Act relating to proof for registration of an instrument apply to proof of service or of posting up of the notice as if the person serving or posting it was the signing witness to the execution of the instrument.

(3) The registration of the copy of the notice with the affidavit or certificate attached has the same effect as the registration of an instrument under the Registration of Deeds Act, and for the purpose of section 10 of that Act, the council is considered to be a purchaser for valuable consideration.

(4) Entry by the Registrar of Deeds in the index to the books of the Registry of Deeds of

(a) the name of the person upon whom the notice is served or upon whose land or property the notice is posted and of the council as the parties;

(b) the place where the land or property to which the notice relates is situated;

(c) a description of the document as a notice of expropriation;

(d) the date of the service or posting of the notice; and

(e) the place of registration

constitutes compliance with section 29 of the Registration of Deeds Act.

(5) Where the name of the owner of the land is not known an entry to that effect is to be made in the index of the Registry of Deeds.

Duty to provide title

243. (1) Where a notice of expropriation has been served or posted under this Act, the person on whom it is served, the owner and other persons who are or may be entitled to claim compensation in respect of the expropriation or injurious affection resulting from the expropriation shall submit to the council

(a) particulars of his or her estate and interest in the land expropriated or injuriously affected and of charges, liens or other encumbrances to which the land is subject;

(b) title deeds, plans and other documents in his or her possession or available to the person relating to the title to the land; and

(c) other information which the council requests in connection with the land, the title to the land and his or her interest in it or in connection with the claim.

(2) Where a claimant fails to provide the council with satisfactory proof of title the council shall notify the claimant in writing that satisfactory proof of title has not been provided and the notification shall be served personally or by registered mail on the claimant within 30 days after the claimant files a claim with the council.

(3) Nothing contained in this Act shall be considered to require a council to make or arrange for the payment of compensation or the transfer of another matter provided by way of compensation under this Act until the time that the claimant has established a title or claim to the reasonable satisfaction of the council or in accordance with this Act.

Payment into court

244. (1) Where the owner of land or property expropriated under this Act

(a) refuses to accept the compensation awarded in respect of the land or property;

(b) neglects or fails to make out a title to the land or property or to the interest in the land or property claimed by him or her to the satisfaction of the council;

(c) refuses to execute a document or receipt of indemnity in respect of the land or property as required by the council; or

(d) is absent from the province or cannot after inquiry be found,

the council may pay the compensation payable in respect of the land or property or an interest in the land or property into the Trial Division, subject to the control and disposition of that court in accordance with this Act.

(2) Where the person to whom compensation is payable under this Act

(a) is under a disability;

(b) is a partial or qualified owner of the land or property or interest in the land or property expropriated under this Act; or

(c) is not entitled to sell or convey the land or property,

the compensation payable may be paid by the council into the Trial Division under subsection (1).

(3) Following payment into court under subsection (1) or (2),

(a) the Registrar of the Supreme Court shall give the council a receipt for the compensation money which constitutes a valid discharge to the council in respect of liability to make further compensation for the land, property or interest in the land or property; and

(b) the council does not incur liability to pay interest on the compensation paid into court.

Payment out of court

245. (1) Where compensation is paid into the Trial Division under this Act, the Registrar of the Supreme Court shall pay it to a person establishing his or her claim to it or a portion of it according to law, who fulfils all of the terms and conditions applying to him or her under this Act.

(2) Where a claim to the compensation referred to in subsection (1) is not established in accordance with this Act before the expiration of 3 years from the date on which it was paid into court, the Registrar of the Supreme Court shall, on the expiration of that period, return the amount of the compensation to the council together with all interest accrued on the compensation.

(3) Following the return of the compensation under subsection (1), the claim of a person against the council or a person acting under it in respect of the land or property or interest in it, on account of which the compensation was paid into court, is extinguished.

Sale of expropriated land

246. (1) A council may sell or otherwise dispose of land or property acquired by expropriation, agreement or gift on those conditions and for the consideration that it thinks appropriate, so long as the sale or disposition is for the purpose for which the land or property was acquired.

(2) With the approval of the minister, a council may sell or otherwise dispose of land or property acquired by expropriation, agreement or gift on the conditions and for the consideration that it thinks appropriate, notwithstanding that the sale or disposition is for a purpose other than that for which the land or property was acquired.

PART XI
ADMINISTRATION AND RECEIVERSHIP

Appointment of comptroller

247. (1) Where a municipality

(a) defaults in the payment of the whole or a part of the principal of or interest upon a loan, bond or debenture issued or made to the council by the Crown or guaranteed by the Crown;

(b) is, in the opinion of the minister, in serious financial difficulty; or

(c) is, in the opinion of the minister, in default under a contract,

the minister may appoint a comptroller of the municipality and prescribe his or her duties.

(2) The comptroller shall be paid out of the funds of the municipality the sum for his or her services and those travelling and other expenses that the minister may determine.

Expenditures where comptroller

248. Where a comptroller has been appointed under section 247, the council, or a person acting for the council, shall not, without the prior written approval of the comptroller, spend money, incur an expenditure, or enter into an agreement that may commit the council to an expenditure of money and the comptroller shall countersign all cheques issued by the municipality.

Ministerial direction

249. Where the comptroller recommends to the minister, the minister may order the council to issue a cheque to meet those payments that the minister lists in the order.

Appointment of administrator

250. (1) Where a municipality is, in the opinion of the minister, in serious financial difficulty and the Lieutenant-Governor in Council considers it in the best interests of the municipality and its residents that its affairs be conducted by an independent administrator, the minister may appoint an administrator.

(2) Where the minister may appoint an administrator he or she may appoint in the administrator's place a commission of administration consisting of 3 persons, and shall designate one member to be chairperson and convenor and another to be deputy chairperson and deputy convenor.

Retirement of council

251. Upon the appointment of an administrator, the council of the municipality for which the administrator was appointed is retired from office and may no longer act for or on behalf of the municipality or exercise the functions, powers, or authority vested in the council.

Powers of administrator

252. (1) An administrator may exercise the powers and authority of the council he or she replaces and is subject to the restrictions and responsibilities of the council.

(2) The administrator may dismiss the officers and employees of the municipality.

Duty of officers

253. (1) The officers of a municipality shall pass over to the administrator at his or her request all money, securities, evidences of title, books, assessment rolls, tax invoices, by-laws, papers, records and documents, belonging to or relating to the affairs of the municipality that they have in their possession or under their control.

(2) A person shall immediately comply with a request of an administrator under subsection (1).

Budget

254. (1) The administrator shall submit a budget, in a form prescribed by the minister, within 3 months of his or her appointment.

(2) The minister may approve or amend the budget and the administrator shall only make expenditures within the budget as finally approved.

Local committee

255. The minister may appoint a local committee of 2 persons who pay taxes to the municipality with whom the administrator may consult with reference to the affairs of the municipality.

Appointment of officers

256. The administrator shall appoint all employees necessary for the requirements of the municipality and shall fix the amount of the salary to be paid to each employee.

Realization of assets

257. (1) For the purpose of realizing upon the outstanding assets of a municipality, comprising arrears of taxes and other liquid assets at the time of his or her appointment, the administrator has the powers that the council previously had and shall use lawful means to realize the assets.

(2) Money received from the realization of the assets shall be devoted towards the payment of the then existing liabilities of the municipality in the manner and to the extent that the minister may determine.

(3) The minister may decide the rates of taxation for a municipality under administration.

Books of account and records

258. (1) An administrator shall keep correct books of account relating to the affairs of a municipality showing the financial condition of that municipality.

(2) The minister or a person authorized by him or her may examine and inspect the books of account.

(3) The books of account shall be audited as required under sections 87 to 92.

(4) An administrator shall keep a correct record of all the proceedings taken by him or her relating to the affairs of the municipality.

(5) An administrator shall at least once a month provide the minister with statements showing the assets and liabilities and the financial condition of the municipality for the preceding month.

Status of regulations

259. All rules and regulations in force in the municipality immediately before the appointment of an administrator remain in force until amended or revoked by him or her with the approval of the minister.

Remuneration of administrator

260. An administrator shall be paid out of the funds of the municipality for which the administrator was appointed the sum for his or her services and those travelling and other expenses that the minister may determine.

Restoration of status

261. (1) Where the Lieutenant-Governor in Council considers it advisable that the affairs of a municipality be again conducted by a council, the Lieutenant-Governor in Council may revoke the appointment of the administrator for that municipality and provide for the election of a new council for the municipality.

(2) Where a new council has been elected, the administrator shall pass over to the clerk or, in his or her absence, to the council, the records of the municipality.

Receivership

262. (1) Where the Lieutenant-Governor in Council has reason to believe that a municipality is insolvent, or is in imminent danger of insolvency and that it is in the best interest of the municipality, and its creditors that the municipality be disbanded and its affairs wound up, or that the municipality no longer continue in existence, the Lieutenant-Governor in Council may, by order, disband the municipality and appoint a receiver.

(2) The receiver is subject to the direction of the minister in all things concerning the performance of his or her duties.

Effect of order

263. Upon the effective date of an order made under section 262, the municipality is disbanded and no longer exists and the council or the administrator and all officers of that municipality are retired from office and are no longer qualified to act for or on behalf of the municipality or to exercise the functions, powers, and authority vested in the council, or the administrator, and the officers.

Duty of officers

264. (1) The former officers of the municipality or the former administrator shall pass over to the receiver at his or her request all money, securities, evidences of title, books, assessment rolls, tax invoices, by-laws, papers and documents, belonging to or relating to the affairs of the municipality, that they have in their possession or under their control.

(2) A person shall immediately comply with a request under subsection (1).

Powers of receiver

265. Upon his or her appointment the receiver

(a) shall realize upon all the assets of the municipality comprising arrears of taxes and other liquid assets possessed by the municipality; and

(b) shall, with the approval of the minister and in the manner prescribed by him or her, sell or otherwise dispose of the property of the municipality and execute in the name of and on behalf of the municipality all deeds, conveyances, transfers, assignments, receipts and other documents, and for that purpose use where necessary the seal of the municipality.

Books of account and records

266. (1) The receiver shall keep proper and correct books of account relating to the affairs of the municipality, showing the true financial condition of the municipality.

(2) The minister or a person authorized by him or her may inspect the books of account.

(3) The books of account shall be audited as required under sections 87 to 92.

(4) The receiver shall keep a correct record of all the proceedings taken by him or her relating to the affairs of the municipality and shall give the minister a full statement upon completion of his or her duties.

Application of money

267. (1) Money realized by the receiver shall be applied by him or her in payment of the liabilities of the municipality as far as circumstances permit after paying the costs and expenses incidental to the receivership or the disestablishment, including the remuneration of the receiver, in the following order of priority:

(a) in payment of salaries to officers of the municipality up to the time of the disbanding or disestablishing of the municipality;

(b) in payment of amounts owing to the province by the municipality; and

(c) in payment of the other just debts of the municipality rateably and without preference or priority.

(2) A surplus remaining after the payment of the liabilities of the municipality shall be paid into the Consolidated Revenue Fund by the receiver.

Payment of receiver

268. The receiver shall be paid out of the funds of the municipality the sum for his or her services and the travelling and other expenses that the minister may determine.

PART XII
ELECTION PROCEDURES

Interpretation

269. (1) In this Part

(a) "court" means the Trial Division;

(b) "judge" means a judge of the court; and

(c) "mayor" includes a chairperson.

(2) Where in the opinion of the minister, the area of a municipality is likely to be larger on polling day than it was when an enumeration was conducted, the term "the municipality" shall be construed to mean that larger area for the purpose of preparing the list of voters or determining the qualifications of candidates or voters.

(3) Nothing in this Act shall be construed so as to permit a person who on polling day is not ordinarily resident within the boundaries of the municipality on that day to be a voter or to be a candidate.

Presence of agents

270. Where in this Part expressions are used requiring or authorizing an act or thing to be done in the presence of the agents of the candidates,

(a) they are considered to refer to the presence of those agents of the candidates that are authorized to attend and that have in fact attended at the time and place where the act or thing is being done; and

(b) the non-attendance of an agent at the time and place does not invalidate the act or thing where it is otherwise done.

General elections

271. (1) General elections shall take place every 4 years after 1997.

(2) General elections under subsection (1) shall be held on the last Tuesday in September.

(3) The minister may, by order, defer a general election with respect to one or more municipalities for a period not exceeding one year in total.

(4) Notwithstanding subsection (1), a general election shall not take place in a municipality where a council has been elected for that municipality within one year of the date of the general election.

By-elections

272. (1) Where a vacancy occurs in the office of a councillor or the number of councillors is increased before 12 months before the expiration of the term of office of the council, the council shall order a by-election for a councillor to hold office for the unexpired term of the council.

(2) A by-election held under subsection (1) shall be held in the same manner as an election held under this Part, and shall take place within 3 months of the vacancy or increase in the council.

(3) A council may, with the approval of the minister, defer a by-election to be held under this section for a period not exceeding one year in total.

(4) Where a person is not nominated for a by-election held under subsection (1) and the minister does not appoint a person to fill the vacancy under subsection 276(1) or does not reduce the number of councillors, the council shall order a new by-election.

(5) Where a by-election is held, as a result of an increase in the number of councillors, to represent an area added to a municipality, the qualifications of voters and candidates in that area is to be determined as if the by-election is the first election held after the establishment of the municipality.

273. (1) The minister may order the holding of an election or by-election for a municipality on a day set out in the order and may appoint a returning officer to conduct that election.

(2) An election or by-election held under subsection (1) shall be held in the same manner as another election or by-election held under this Part.

(3) Where an election or by-election is ordered to be held under subsection (1), the council or councillors affected by that order continue to hold office until the councillors elected to succeed them are sworn into office.

(4) Where a by-election is held under subsection (1), the councillor elected holds office for the unexpired term of the councillor whom he or she replaces.

(5) The minister may, by order, defer an election or by-election ordered to be held under this section for periods not exceeding one year in total.

Oath of office

274. (1) A person is not qualified to serve as a councillor and shall not take or sign the oath or affirmation of office unless he or she is qualified to be elected as a councillor and has been declared to be elected, in the manner authorized by this Act, unless he or she has been appointed as a regional councillor.

(2) Each councillor shall, before entering on the duties of his or her office, take and sign the following oath or affirmation of office before the returning officer, clerk, justice of the peace or commissioner for oaths:

"I, A.B., swear (affirm) that I am fully qualified as required by law for the office of councillor of the town (region) of ____________________ and that I shall to the best of my ability faithfully perform the duties of councillor while I hold office." (Where an oath is taken, add "So help me God".)

(3) Where a person takes the oath or affirmation of office, the clerk shall enter a certificate in the minute book of the council that the oath or affirmation has been taken by that person.

(4) In the case of a first election, where a clerk has not been appointed, the person before whom the oath or affirmation is taken shall retain the oaths of office for transmittal to the clerk when he or she is appointed.

Term of office

275. The term of office of a councillor, whether elected or appointed,

(a) shall begin within 2 weeks of his or her election or appointment; and

(b) expires when the number of newly elected or appointed councillors sufficient to constitute a quorum are sworn or affirmed into office.

Filling vacancies

276. (1) Where, in an election or by-election held under this Act,

(a) no candidates are nominated;

(b) fewer candidates are nominated than there are councillors to be elected; or

(c) for another reason the number of councillors to be elected is less than that provided for in an election or by-election

the minister may, after the date fixed for nomination day, appoint as many councillors as are necessary to bring the council up to the number provided for the council.

(2) A councillor appointed under subsection (1) holds office for the same term that he or she would have served had he or she been elected as a councillor by the election or by-election.

First election

277. For the purpose of holding the first election in a municipality, the minister

(a) may appoint a returning officer, deputy returning officers, and poll clerks;

(b) may establish polling divisions; and

(c) may provide for all other matters necessary for the holding of the first election.

Returning officer

278. The clerk shall be the returning officer for an election held under this Part and where there is no clerk or the clerk is unable to act, the council shall appoint a returning officer.

Where one poll

279. Where a municipality is not divided into wards or polling divisions, elections shall be conducted by the returning officer and a poll clerk appointed by the council.

Polling divisions

280. A council may establish 2 or more polling divisions for the municipality and for each ward where wards have been established and shall appoint a deputy returning officer and a poll clerk for each polling division and shall designate the location of the polling divisions.

Wards

281. Where a municipality is divided into wards, elections shall be conducted by a deputy returning officer and a poll clerk appointed for the ward by the council where a ward is not divided into polling divisions.

Absence of DRO

282. Where, on nomination day or, on the day of the election, a returning officer or a deputy returning officer at a poll is unable to act, the poll clerk at that poll assumes the powers and shall perform the duties of the returning officer or deputy returning officer.

Ineligible persons

283. The following persons are ineligible to serve as a returning officer, deputy returning officer or poll clerk or another election official in connection with an election held under this Part or the preparation of a list of electors for that election:

(a) a councillor for the municipality in which the election is being held;

(b) a person who has been found guilty of an offence or dereliction of duty under this Part within 5 years of the election; and

(c) a person who intends to be nominated or is nominated to be a candidate in the municipality in which the election is being held.

Nominations

284. (1) The council shall designate the place for receiving nominations.

(2) Candidates shall be nominated between the hours of 8 a.m. and 8 p.m. 21 days before the holding of the poll.

Notice

285. Notice of the time and place fixed for nominating candidates and of the time and place of holding the poll, where a poll is granted, shall be posted up by the returning officer in not fewer than 2 places in the municipality for the 10 days before the time fixed for the nomination of candidates, and published in a newspaper having general circulation in the municipality, where there is such a newspaper, during that period.

Qualifications

286. (1) A person is qualified to be nominated as a councillor who

(a) is eligible to vote in an election held under this Act in the municipality in which he or she is nominated to serve as a councillor;

(b) is not in arrears of taxes or other charges payable to the municipality; and

(c) is ordinarily resident for a period of 6 months before nomination day either in the municipality or in an area that on election day is part of a municipality.

(2) A person is not qualified to be nominated as a councillor while he or she holds an office under the council to which a salary or remuneration payable out of the funds of the municipality is attached or while he or she is employed by the council.

(3) A person is not qualified to be nominated as a councillor where his or her seat has been vacated under paragraphs 206(1)(b) or (e), subparagraph 206(1)(f)(ii) or is declared vacant under subsection 206(2), where the election is held within 2 years of the date on which his or her seat is vacated or declared vacant.

Nomination procedure

287. (1) A candidate for the office of councillor shall be nominated by persons eligible to vote who are resident in the ward for which he or she is a candidate, where the municipality is divided into wards, or by persons eligible to vote who are resident in the municipality, where the municipality is not divided into wards.

(2) A nomination

(a) shall be in writing;

(b) shall state the name and residence of the candidate;

(c) shall be signed by the proposer and seconder, both of whom shall be present together with the candidate who shall also sign signifying his or her acceptance; and

(d) shall be in the required form.

Declaration of qualification

288. The returning officer shall not receive the nomination paper of a candidate unless there is attached to it a declaration of qualification in the required form.

Illness of candidate

289. Where a candidate is unable to attend at his or her nomination because of illness or absence from the municipality and as a result is unable to signify his or her acceptance or complete his or her declaration of qualification, the returning officer may accept, in the required form, a declaration to that effect from one of the candidate's nominators together with a declaration from the nominator that the candidate possesses the qualifications required by this Part and accepts the nomination.

Deposit

290. (1) A candidate shall at the time of his or her nomination deposit a sum of $10 with the returning officer.

(2) The returning officer shall repay the deposit

(a) to each candidate who is declared elected; and

(b) to each candidate for whom there is polled not less than 1/2 of the votes polled for a candidate who is declared elected.

(3) The returning officer shall pay to the council the deposit paid to him or her by a candidate who is not declared elected and for whom there is polled less than 1/2 of the votes polled for a candidate who is declared elected.

(4) The council shall apply sums of money paid to it under subsection (3) towards the expenses of the election.

Notice of candidates

291. The returning officer shall, within 7 days after the date on which nominations are to be filed, give notice of the names of the candidates by publishing them in a newspaper circulating in the municipality, where there is such a newspaper, and by posting up notices in at least 2 public places in the municipality or in the wards in which elections are to be held.

Acclamation

292. Where

(a) only as many candidates for the office of councillor are nominated as there are councillors to be elected; or

(b) fewer candidates for the office of councillor are nominated than there are councillors to be elected,

the returning officer shall, without a poll being taken, declare those candidates who are nominated to be elected at the close of nominations.

Grant of poll

293. Where more candidates are nominated for the office of councillor than there are councillors to be elected or, where the municipality is divided into wards, more than the required number of candidates are nominated for a ward, the returning officer shall grant a poll for the taking of votes in the municipality or wards.

Voters

294. A Canadian citizen who is 18 years of age or older is qualified to vote at an election where he or she has been ordinarily resident for the 30 days immediately before election day either in the municipality or in an area that on election day is part of the municipality.

Place of voting

295. (1) Where a municipality is divided into wards or polling divisions, each voter shall vote in the ward or polling division in which he or she ordinarily lives on election day, as determined by the rules of residency set out in section 297.

(2) A voter shall not vote in more than one ward or polling division during an election.

(3) Notwithstanding subsection (1), where an election official is assigned to a polling division other than that in which he or she ordinarily lives on election day, the election official may only vote in the polling division to which he or she has been assigned or at an advance poll or by proxy.

(4) Notwithstanding subsections (1) and (3), where an election official is assigned to a polling division in a ward other than the ward in which he or she ordinarily lives on election day, the election official may only vote at an advance poll or by proxy.

Prohibition

296. (1) A person shall not vote in more than one municipality on election day.

(2) Notwithstanding subsection (1), a person may vote for a regional council having jurisdiction over the area in which his or her municipality is located.

Residency

297. (1) For the purpose of this Act, a person is considered to be ordinarily resident in the municipality in which he or she has his or her principal or only residence, home, lodging or habitation to which, whenever absent, he or she returns or indicates by his or her ordinary conduct an intention to return.

(2) Notwithstanding subsection (1), a person can live in more than one place in the province but he or she may not have more than one municipality at a time in which he or she is ordinarily resident.

(3) Unless he or she stops being ordinarily resident in the province under subsection (5), a person remains ordinarily resident in one municipality in the province until he or she, under subsection (1), acquires another place in the province in which he or she becomes ordinarily resident under this section.

(4) A person does not stop being ordinarily resident in a municipality because he or she has, for a temporary purpose only, left his or her principal or only residence, home, lodging or habitation in that municipality.

(5) When a person goes to a place outside the municipality for a purpose other than

(a) a vacation or holiday;

(b) to attend a university or similar education institution; or

(c) to obtain medical or hospital care,

with the intention of remaining in that place for an indefinite period, he or she stops being ordinarily resident in the municipality notwithstanding that he or she may intend to return at some future time, unless he or she continues to maintain a residence in the municipality in which his or her spouse and family have their home.

(6) In the absence of proof to the contrary, a married person may be presumed

(a) to be ordinarily resident in the municipality in the province in which the spouse or family of that person eats and sleeps and to which, when away, that person returns or indicates by his or her ordinary conduct an intention to return; or

(b) where the married person is living apart from his or her spouse and family with the intention of remaining apart, to be ordinarily resident in the municipality in which he or she lives or lodges or to which, when away, he or she returns or indicates in his or her ordinary conduct an intention to return, without regard to where meals are taken or to his or her place of employment.

(7) In the absence of proof to the contrary, an unmarried person is ordinarily resident in the municipality where he or she occupies a room or part of a room as a regular lodger or to which he or she habitually returns because of not having another permanent lodging place, without regard to where he or she takes his or her meals or is employed or to where his or her parents or siblings have their residence, home, lodging or habitation.

(8) In the absence of proof to the contrary, a person who, being registered and in attendance at a recognized educational institution in the province, lives or lodges in a place other than a place within which he or she has his or her residence, home, lodging or habitation when he or she is not attending that educational institution, does not become ordinarily resident in the municipality in which he or she lives or lodges for the purpose of attending the educational institution.

Oath or affirmation of voters

298. (1) A voter shall, before voting, where required by a candidate or agent, take an oath or affirmation in the required form, which shall be administered by the returning officer or deputy returning officer.

(2) A voter who refuses to take an oath or affirmation under subsection (1), shall not be permitted to vote.

Advance poll

299. (1) A council may hold an advance poll not earlier than 14 days immediately preceding the day established as polling day.

(2) Where it considers it appropriate, a council may hold a second advance poll on the Saturday immediately preceding polling day.

Notice of advance poll

300. The returning officer shall give notice of the time and place of the advance poll by publishing the time and place of the advance poll at least once in the 7 days before the advance poll in a newspaper circulating in the municipality, where there is such a newspaper, and by public notice in at least 2 places in the municipality.

Conduct of advance poll

301. (1) The advance poll shall be conducted in the same manner as is provided for the conduct of other polling booths in an election, except that upon the ballot box being sealed at the opening of the first day of the advance poll, it shall remain sealed until opened for the counting of ballots after the close of the polling booths on polling day.

(2) A ballot box that is used in the conduct of an advance poll shall not be used on polling day.

Voters at advance poll

302. A voter who is otherwise eligible to vote and who is

(a) a physically disabled person;

(b) an election official; or

(c) a person who has reason to believe that he or she shall be absent from the municipality on polling day

may vote at an advance poll.

Record of advance poll

303. At an advance poll the poll clerk shall record in the poll book the names of the voters who vote at the advance poll and the polling divisions in which the voters live.

Impeditive voter

304. (1) In this section, an "impeditive voter" means a voter otherwise qualified under this Part to vote who is or shall be unable to vote because of his or her being

(a) in service in the merchant marine of Canada or of another country;

(b) a fisher in the course of his or her occupation;

(c) a hunter or trapper in the course of his or her occupation;

(d) a patient in a hospital as defined by the Hospitals Act but including similar hospitals owned or operated by the Crown in right of Canada or an agency of the Crown in right of Canada;

(e) a full-time student at an educational institution situated within or outside the province;

(f) a worker employed at a construction site;

(g) a person who is certified by a medical practitioner to be so ill or infirm as to be unable to vote at a polling booth;

(h) an election official;

(i) physically disabled; or

(j) a person who has reason to believe that he or she shall be absent from the polling division in which he or she is ordinarily resident on polling day.

(2) An impeditive voter may, by an application in the prescribed form to the returning officer, authorize another person who is a qualified voter in the same municipality and polling division to vote on his or her behalf in a specified election in that municipality.

(3) An application under subsection (2) shall contain declarations in the required form verifying

(a) that the applicant is an impeditive voter and qualified to vote in a polling division of the municipality in the election in respect of which the application is made; and

(b) that the proxy designated in the application is a voter qualified to vote in the same polling division for the same municipality in the same election as the applicant.

(4) An application under subsection (2) shall be given to the returning officer by the impeditive voter or his or her designated proxy at least one day before the day of the election in respect of which it is made.

(5) Where satisfied that the requirements of this section have been complied with, the returning officer shall issue a proxy certificate entitling the designated person to vote at the polling division and municipality specified on behalf of the impeditive voter for whom the proxy is designated.

(6) No more than one proxy certificate may be issued for any one impeditive voter in respect of an election, except where the proxy dies or becomes unable to cast a vote because of illness or mental incompetence.

(7) A person may not be proxy for more than one impeditive voter at any one election.

(8) Applications, declarations, proxy certificates and other documents required under this section shall be in the required form.

Ballot papers

305. (1) Where a poll has been granted, the returning officer shall immediately print a number of ballot papers, not less than the number of voters in the municipality or wards in which elections are to be held, and shall stamp or seal with the seal of the municipality all ballot papers to be used in an election.

(2) The ballot papers shall contain the names and addresses of the candidates as set out in the nomination paper, alphabetically arranged in the order of their surnames or, where there are 2 or more candidates with the same surname, in the order of their other names.

(3) The ballot papers shall be in the required form.

Election materials

306. Where a poll has been granted, the returning officer shall deliver to every deputy returning officer

(a) a list in alphabetical order of the persons qualified to vote in the polling booth for which he or she has been appointed;

(b) one ballot box;

(c) a sufficient number of ballots and the materials necessary to enable voters to mark them;

(d) a sufficient number of directions for the guidance of voters in the required form; and

(e) one or more poll books in the required form.

Directions for voters

307. A returning officer or deputy returning officer shall placard a copy of the directions for the guidance of voters outside the polling booth and in compartments of the polling booth and shall see that they remain placarded there until the close of the polling.

Voter's lists

308. (1) At least 2 months before the next election the returning officer shall

(a) where the municipality is not divided into wards or polling divisions, begin the preparation of a list of voters in the municipality arranged in alphabetical order with their addresses; or

(b) where the municipality is divided into wards or polling divisions, begin the preparation of a list of voters in each ward or polling division where an election is to be held, arranged according to their place of residence.

(2) The returning officer shall ensure that the voter's list is completed at least one month before the date of the election.

Publication of lists

309. The list of voters shall, for a period of 10 working days from the day on which it is completed, be open to the inspection of the public at a place within the limits of the municipality to be named by the returning officer and notified by him or her to the public by notices published in a newspaper having general circulation in the community, where there is such a newspaper, and by posting up notices in at least 2 places in the municipality or ward.

Correction on list

310. Where the name of a qualified voter does not appear on the list of voters or the name of a person not qualified as an elector does appear on the list, the returning officer shall, upon proof being provided satisfactory to him or her, correct that error or omission by inserting or omitting the name.

Effect of list

311. (1) The voters whose names appear in the list of voters certified by the returning officer are those entitled to vote at the next election and a person whose name does not appear upon the list shall not be allowed to vote at the election.

(2) Notwithstanding subsection (1), a person whose name has been omitted from the list of voters and is qualified to vote may vote at an election or by-election held under this Part upon taking an oath or affirmation in the required form.

Use of list

312. (1) A list of voters prepared and revised for an election shall, where that election is deferred, constitute the list of voters for the deferred election.

(2) A list of voters prepared and revised for an election and used in that election or used in a deferred election shall constitute the list of voters for a by-election held before the next general election or for an election or by-election called by the minister before the next general election.

(3) A returning officer shall, on the request of a candidate and after the payment of the prescribed fee, supply to the candidate a copy of a list of voters prepared and revised for the election.

Opening and close of poll

313. (1) A returning officer or deputy returning officer shall, on the date of the election, open the poll assigned to him or her at 8:00 a.m. until 8:00 p.m. and during that time shall keep the poll open and receive as required under sections 315 to 346 the votes of all voters qualified to vote at the polling booth.

(2) If at the hour of the closing of the poll there are voters in the polling station who have not been able to vote, the poll shall be kept open for a sufficient time to enable those voters actually present inside the outer door of the polling booth to vote, notwithstanding subsection (1).

Employees time to vote

314. (1) An employee who is qualified to vote at an election, is, while the polls are open on polling day at an election, entitled to have 4 consecutive hours for the purpose of casting his or her vote.

(2) When the hours of employment of a person described in subsection (1) do not allow for 4 consecutive hours, his or her employer shall allow the person the additional time for voting that is necessary to provide the 4 consecutive hours.

(3) An employer shall not make a deduction from the pay of an employee or impose upon or exact from the employee a penalty by reason of absence from his or her work during the 4 consecutive hours that the employee is entitled to under this section for the purpose of casting his or her vote.

(4) Additional time for voting required under subsection (2) may be granted at the convenience of the employer.

Compartments

315. A polling booth shall be provided with compartments in which voters may mark their ballots screened from observation and the returning officer shall see that a sufficient number of those compartments are provided.

Who may be present

316. During the holding of the poll no person is entitled or shall be permitted to be present in the polling place other than

(a) the officers appointed to hold the election;

(b) the candidates to be voted for in the polling booth and their agents authorized in writing, not exceeding one agent for each candidate; and

(c) a voter actually engaged in voting.

Maintaining order

317. (1) The returning officer, or deputy returning officer, may order the removal from the polling booth of a person who is not entitled to be present or who, being entitled, obstructs the voting, and the order shall be executed by a peace officer without the order being in writing and without a warrant.

(2) A returning officer or deputy returning officer may have present or summon to his or her aid a peace officer for the purpose of maintaining order or preserving the peace.

Ballot box exhibited

318. At the hour fixed for opening the poll the returning officer, or deputy returning officer,

(a) shall declare the names of the candidates after which he or she shall show the ballot box to the candidates or their agents, or persons that are present within the polling booth, so that they may see that the ballot box is empty; and

(b) shall then immediately seal the ballot box, place it in view for the reception of ballot papers and keep it sealed until the close of the poll.

Oaths or affirmations

319. (1) A returning officer, deputy returning officer, and poll clerk shall, before commencing his or her duties, take the oath or affirmation in the required form.

(2) Every other person authorized to attend at a polling booth, or at the counting of the votes shall, before commencing his or her duties, take the oath or affirmation in the required form.

(3) A justice of the peace, commissioner of oaths or the returning officer may administer the oaths or affirmations required by subsections (1) and (2).

(4) The returning officer, or deputy returning officer may administer an oath or affirmation required by this Act to be taken in the polling booth for which he or she was appointed.

Confirmation of name

320. (1) When a voter presents himself or herself at the polling booth for the purpose of voting, he or she shall state his or her name and residence.

(2) The returning officer or deputy returning officer shall ascertain that the name of the voter is entered upon the list of voters for the polling booth in which he or she is presiding, or if the name of the person is not upon the list, is entitled to take the oath or affirmation prescribed in the required form.

(3) The returning officer or deputy returning officer shall, in an election under the St. John's Municipal Elections Act, require the voter to give to him or her, his or her voting card, or a certificate under subsection 19(4) of that Act, or to complete the declaration in the required form.

(4) The returning officer or deputy returning officer shall enter in the poll book the name of the voter, but shall not enter in the poll book or elsewhere the name of or anything to indicate the name of a candidate for whom the voter votes.

Noting of objections

321. Where a voter is objected to by a candidate or his or her agent, the poll clerk shall enter the objection in the poll book by writing opposite the name of the person whose vote is objected to the words "objected to", together with the name of the candidate by or on behalf of whom the objection is made and the returning officer or deputy returning officer shall decide whether that person may vote.

Noting of oath or affirmation

322. Where a voter takes an oath or affirmation required to be taken by this Act the poll clerk shall enter opposite the person's name the word "sworn", or "affirmed".

Refusal to take oath or affirmation

323. (1) Where a voter has been required to take a required oath or affirmation and refuses to take it, the poll clerk shall enter opposite the name of the person in the poll book the words "refused to be sworn", or "refused to affirm", and the vote of the person shall not be taken or received.

(2) A returning officer or deputy returning officer shall not take or receive a vote not permitted to be taken or received under subsection (1).

Delivery of ballot paper

324. (1) Where the name of the voter is found on the list of electors for the polling booth or he or she takes the required oath or affirmation where permitted to do so by the returning officer or deputy returning officer, and where the appropriate entries respecting him or her have been made in the poll book in the required manner, the returning officer, or deputy returning officer, shall deliver to the voter one ballot paper for councillors and one ballot paper for mayor, where there is a separate election for mayor.

(2) Where the voter has refused to take a required oath or affirmation or an objection is upheld under section 321 a ballot paper shall not be delivered to him or her.

(3) A person shall not vote unless he or she is ordinarily resident in the polling division on the day of election.

How proxy votes

325. Where a person produces to a returning officer or deputy returning officer a proxy certificate under section 304, the person may vote for the impeditive voter with respect to whom the certificate is issued.

Explanation of voting procedure

326. The returning officer or deputy returning officer may, and upon the request of a prospective voter, shall, either personally or through his or her poll clerk, explain to the prospective voter as concisely as possible the mode of voting, but he or she and his or her poll clerk shall not influence the voter to vote for a candidate at the election.

Initialling of ballot paper

327. The returning officer, or deputy returning officer, shall not deliver a ballot paper to a voter or count ballots unless it has been initialled on the back by the returning officer or deputy returning officer.

Voting

328. (1) Upon receiving the ballot paper, the voter

(a) shall immediately proceed into one of the compartments of the polling booth and shall then immediately mark his or her ballot paper by marking a cross with a pencil on a part of the ballot paper within the division containing the names of the candidates for whom he or she intends to vote;

(b) shall then fold the ballot paper so as to conceal the names of the candidates and the marks upon the face of that paper; and

(c) upon leaving the compartment he or she shall without delay and without showing the front to any one or displaying the ballot paper so as to make known the candidate for whom he or she voted, deposit the ballot paper in the ballot box.

(2) The voter shall immediately leave the polling booth after placing his or her vote in accordance with subsection (1).

(3) While a voter is in a compartment for the purpose of marking his or her ballot paper, no person shall enter the compartment or be in a position from which he or she can see how the voter marks his or her ballot.

Removal of ballot paper

329. A person who has received a ballot paper shall not take it out of the polling booth.

Failure to deposit

330. (1) A person who has received a ballot paper and leaves the polling booth without first having it deposited in the ballot box in the prescribed manner forfeits his or her right to vote at the election.

(2) The poll clerk shall make an entry in the poll book in the column for remarks to the effect that the person received a ballot paper but took it out of the polling booth or returned the ballot paper, or declined to vote.

(3) Where a person has declined to vote, the poll clerk shall immediately write the word "declined" upon the ballot paper and shall preserve it and return it to the returning officer or the deputy returning officer.

Disabled voter

331. (1) Notwithstanding subsection 328(3), where a voter claiming to be entitled to vote makes an oath or affirmation in the required form that he or she is incapacitated by blindness or other physical cause from marking his or her ballot paper or that he or she is unable to read,

(a) the returning officer or the deputy returning officer, shall mark the ballot paper in the screened compartment in the manner directed by the person and shall place the ballot paper in the ballot box; or

(b) the voter may be accompanied by a friend into the voting compartment who may mark the ballot.

(2) The poll clerk shall make an entry opposite the name of the person in the poll book that the vote of the voter has been marked under this section and the reason why it has been marked.

(3) A person may not act as the friend of more than one disabled voter in an election.

(4) In addition to the methods by which a disabled voter may vote under subsection (1), the returning officer may provide a plate to be affixed over the ballot paper given to a disabled voter, which would enable the disabled voter to vote without assistance.

(5) Where the returning officer provides a plate under subsection (4) a disabled voter may, at his or her request, vote without assistance with the use of the plate.

(6) Where a disabled voter is provided with the plate, the deputy returning officer or returning officer shall instruct the disabled voter in its use and read out the names of the candidates in the order in which they appear so that the disabled voter is made fully aware of the method by which he or she may mark his or her ballot for the candidate of his or her choice.

(7) Where a polling station is not accessible to a disabled person, the returning officer or deputy returning officer in charge of the polling station shall,

(a) suspend temporarily the voting in the polling station; and

(b) carry the ballot box, poll box, ballot papers and other necessary election documents to a place which is accessible to the disabled person and is in close proximity to the entrance to the polling station.

(8) The procedure to be followed in taking the vote of a disabled person under subsection (7) shall, where circumstances permit, be the same as if the disabled person had entered the polling station to vote.

Voting in hospitals, etc.

332. (1) Where a polling station has been established in a home for the aged, or a hospital or similar institution for the care and treatment of chronic illness, the deputy returning officer and the poll clerk shall, while the poll is still open on polling day and when considered necessary by the deputy returning officer,

(a) temporarily suspend the voting in the polling station; and

(b) with the approval of the person in charge of the institution, carry the ballot box, poll box, ballot papers and other necessary election documents from room to room in the institution to take the votes of those patients who are presumed to be ordinarily resident in the polling division in which the institution is situated and are otherwise qualified as voters but who are unable to go to the poll booth.

(2) The procedure to be followed in taking the votes of patients referred to in subsection (1) shall be the same as that prescribed for an ordinary polling station.

Spoiled ballot

333. (1) A voter who has inadvertently dealt with his or her ballot paper so that it cannot be conveniently used is, upon returning it to the returning officer, or deputy returning officer, entitled to obtain another ballot paper.

(2) The returning officer or deputy returning officer shall write the word "cancelled" upon the ballot paper returned to him or her and shall preserve it.

Counting of ballots

334. (1) Immediately after the close of the poll, the returning officer or deputy returning officer shall

(a) first place all the cancelled and declined ballot papers in separate packets and seal them up; and

(b) then count the number of voters whose names appear on the poll book and sign the following certificate, which shall be entered in the poll book on the line immediately below the name of the voter who voted last:

"I certify that the number of voters who voted at the election in this polling booth is (stating the number in words) and that A.B. was the last person who voted at this polling booth."

(2) Immediately after the certificate required by subsection (1) has been signed by him or her, the returning officer, or deputy returning officer, in the presence and in full view of the poll clerk and any candidates or their agents who may be present, shall open the ballot box and count the total number of ballots cast and the number of votes for each candidate, giving full opportunity to those present to examine each ballot paper.

Rejected ballots

335. (1) In counting the votes, the returning officer, or deputy returning officer, shall reject all ballot papers

(a) that have not been initialled by him or her, either at the time the vote was cast or as provided for in section 336;

(b) that have given votes for more candidates than there are to be elected; or

(c) upon which there is writing or a mark by which the voter can be identified or that has been torn, defaced or otherwise dealt with by the voter in a manner that he or she can as a result be identified.

(2) A ballot paper shall not be rejected under subsection (1) by reason only that it has been marked with a writing instrument other than a black lead pencil or it has a mark other than a cross, as long as the mark does not constitute identification of the voter.

(3) A ballot paper shall not be rejected in its entirety only because one or more of the votes on the ballot paper is rejected and in that case the votes not rejected shall be counted.

Ballots found not initialled

336. (1) Where, in the course of counting the votes, the returning officer or deputy returning officer discovers that he or she has omitted to affix his or her initials on the back of a ballot the officer shall, in the presence of the poll clerk and a candidate or agent of a candidate who may be present, affix his or her initials to that ballot and count the ballot as if it had been initialled by him or her in the first place.

(2) Subsection (1) applies only when the returning officer or deputy returning officer is satisfied that

(a) the ballot is one that has been supplied by him or her; and

(b) the omission of his or her initials has really been made, and that every ballot supplied to him or her has been accounted for.

(3) Nothing in subsection (1) or (2) relieves the returning officer or the deputy returning officer from a penalty to which he or she might have been liable by reason of a failure to affix his or her initials on the back of a ballot before handing it to the voter.

Objections

337. (1) The returning officer, or deputy returning officer, shall note in the poll book an objection taken to a ballot paper by a candidate or his or her agent and shall uphold or reject the objection.

(2) Each objection shall be numbered and a corresponding number shall be placed on the back of the ballot paper and initialled by the returning officer, or the deputy returning officer, and when the objection is upheld the word "rejected" shall be marked on the face of the ballot paper.

Accounts of ballots

338. (1) All ballots except those rejected shall be counted and an account shall be kept of the number of votes given and allowed for each candidate.

(2) All the ballot papers shall be put into separate packets as follows:

(a) all the used ballot papers that have not been objected to and have been counted;

(b) all the used ballot papers that have been objected to and have been counted;

(c) all the rejected ballot papers;

(d) all the cancelled ballot papers;

(e) all the ballot papers used but unmarked;

(f) all the declined ballot papers; and

(g) all the unused ballot papers.

(3) A packet shall be endorsed so as to indicate its contents and the polling division or ward to which it relates and shall be sealed by the returning officer, or the deputy returning officer.

Election report

339. (1) The returning officer, or deputy returning officer, shall make out a statement in duplicate as to the number of

(a) ballot papers received;

(b) ballot papers cast;

(c) ballot papers that have been objected to and have been counted;

(d) used ballot papers that have not been objected to and have been counted;

(e) rejected ballot papers;

(f) cancelled ballot papers;

(g) ballot papers used but not marked;

(h) declined ballot papers;

(i) ballot papers taken from the polling booth;

(j) unused ballot papers; and

(k) votes given for each candidate.

(2) The statement shall be signed by the returning officer, or the deputy returning officer, and the poll clerk.

(3) One statement shall be attached to the poll book and the other, in the case of a deputy returning officer, shall be delivered by him or her to the returning officer.

Oath or affirmation of poll clerk

340. The poll clerk shall, immediately after the completion of the counting of the votes, take an oath or affirmation in the required form.

Disposition of documents

341. The poll book, the list of electors, the packets containing the ballots, and all other documents related to the election, except for the returning officer statement referred to in subsection 339(3) shall then be placed in the ballot box.

Delivery of ballot box

342. (1) The returning officer, or deputy returning officer, shall then immediately seal the ballot box and the opening of the ballot box and in the case of a deputy returning officer shall immediately deliver it personally to the returning officer.

(2) Where a deputy returning officer is unable to deliver the ballot box because of illness or other immediate cause, he or she shall deliver it and the statement to the poll clerk and shall take a receipt for it, and the poll clerk shall immediately deliver the ballot box and the statement personally to the returning officer and shall take before him or her the oath or affirmation in the required form.

(3) Immediately after he or she has delivered the ballot box to the returning officer, the poll clerk or the deputy returning officer shall take the oath or affirmation in the required form.

(4) The returning officer shall remain in his or her office on the evening of polling day until all the ballot boxes have been returned to him or her.

Sealing ballot boxes

343. (1) Unless it is otherwise ordered by the court or a judge of the court, or unless a recount is demanded, the ballot boxes shall remain sealed as handed to the returning officer and retained by him or her for a period of 30 days after the election and until the termination of a legal proceeding instituted to test the validity of the election taken within that period of time.

(2) When the time has elapsed under subsection (1), the ballot boxes shall be unsealed and the contents of the boxes shall be destroyed by the returning officer.

Declaration of result

344. (1) After he or she has received the ballot boxes and statements of the number of votes given at each polling booth, the returning officer

(a) shall, without opening the ballot boxes, add up from the statements he or she has received the number of votes for each candidate;

(b) shall, at his or her office or some other public place, not later than noon on the day following the day on which the polling is held publicly declare to be elected the candidate receiving the largest number of votes, together with, in the case where more than one candidate is entitled to be elected, the candidates up to the remaining number entitled to election standing in order on the basis of the number of votes received; and

(c) shall also put up in some conspicuous place a statement signed by him or her showing the number of votes for each candidate.

(2) The returning officer may, after he or she has received statements from polling booths and before publicly declaring elected a candidate, indicate to the public the statement of the number of votes given at the polling booths.

Tie vote

345. If, upon the counting of the votes, 2 or more candidates have an equal number of votes where both or all of those candidates cannot be elected, the returning officer shall immediately

(a) write the names of those candidates on separate, identical blank sheets of paper;

(b) fold the sheets of paper in an identical manner so that the names are concealed;

(c) deposit them in a receptacle and withdraw the number of the sheets necessary to elect the candidates required to be elected; and

(d) declare the candidates whose names appear on the sheet withdrawn to be elected.

Report

346. Within 7 days after an election is held under this Act the returning officer shall forward a report on the election to the minister.

Prohibition

347. (1) A returning officer, deputy returning officer, poll clerk, candidate, or other person present within the polling booth where an election is being held, shall not

(a) give a ballot paper to a voter;

(b) offer to give a voter advice as to the person for whom he or she should vote;

(c) interfere with the voter in the exercise of his or her vote; and

(d) divulge to a person the name of the candidate for whom a voter has voted.

(2) A returning officer, deputy returning officer or poll clerk shall not wilfully miscount the ballots or otherwise make up a false statement of the poll.

Prohibition

348. (1) A person

(a) who is not entitled to vote shall not knowingly and wilfully vote;

(b) shall not fraudulently tender more than one ballot paper when voting; and

(c) shall not vote or attempt to vote under the name of another voter, or having so voted or attempted to vote apply for a ballot paper in his or her own name.

(2) A person who does not comply with subsection (1) commits a corrupt practice.

Request for recount

349. (1) If, within 3 days after the day of election, a candidate or his or her agent requests a recount of the votes cast in the municipality or ward for which the candidate was nominated, the returning officer shall appoint a time, to be within 3 days after the request, to recount the votes at his or her office.

(2) The returning officer shall notify candidates at the election of the request for a recount and of the time and place appointed to recount the votes.

(3) The returning officer may summon deputy returning officers and poll clerks at the election to attend at the recount at the time appointed and may command them to bring with them papers in their custody or possession relating to the election.

(4) The candidate who requests the recount shall pay the cost of the recount, in an amount that the returning officer may certify, where, as a result of the recount, there is no change in the outcome of the election.

Recount

350. (1) The returning officer, and a person he or she appoints to help him or her, and each candidate or his or her agent, or at least 3 voters of the municipality or ward in which the election was held, shall be present at the recount.

(2) At the time and place appointed, the returning officer shall proceed to recount the votes in the ballot box and shall decide upon the validity of every ballot.

Provincial Court judge recount

351. In the case of an election where there is one polling booth and the returning officer has acted in the role of deputy returning officer in that polling booth, a Provincial Court judge in whose Provincial Court district the municipality is located, shall conduct the recount.

Declaration of result

352. (1) As soon as he or she ascertains the result of the poll, the person conducting a recount shall declare to be elected the candidate having the largest number of votes, together with, in the case where more than one candidate is entitled to be elected, the candidates up to the remaining number entitled to election standing next in order on the basis of number of votes received.

(2) In the event of a tie the casting vote shall be given by the returning officer in the same manner as provided in section 345.

Election expenses

353. The costs of the holding of elections or by-elections or special elections shall be paid out of the funds of the council, but the minister shall pay the costs of the first election in a new municipality.

Petitions

354. (1) A petition complaining of

(a) an unlawful return or election of a councillor;

(b) no return or a double return; or

(c) an unlawful act committed by a candidate returned by which that candidate is alleged to have become disqualified to serve on the council,

may be presented to the court by a candidate for the election or another person who had the right to vote at the election.

(2) The production of the list of electors containing the name of the petitioner as set out in the petition, or a copy, certified by the returning officer to be a true copy, of the list used at the election in the municipality to which the petition relates is conclusive evidence that the petitioner could lawfully present the petition.

(3) Where the petitioner was a candidate at the election, or if there is no list of electors or the petitioner's name does not appear on the list, an affidavit by the petitioner that he or she was a candidate or an elector at that election is conclusive evidence that the petitioner could lawfully present the petition.

Petition re no return

355. Where a petition is presented under this Part complaining of no return, an order may be made on that petition by the court as it considers expedient for compelling a return to be made, or the court may allow that petition to be tried in the manner provided in this Act with respect to ordinary election petitions.

Returning officer respondent

356. Where an election petition complains of the conduct of a returning officer, the returning officer is considered to be a respondent.

Joining of respondents

357. Two or more candidates may be made respondents to the same petition and their cases may for the sake of convenience be tried at the same time, but as regards the security to be given on behalf of the petitioner, and for all other purposes of this Part, the petition is considered to be a separate petition against each respondent.

Form of petition

358. (1) A petition need not be in a particular form but it shall complain

(a) of the unlawful return or unlawful election of a councillor;

(b) that no return has been made;

(c) that a double return has been made;

(d) of some matter contained in a special return made; or

(e) of some unlawful act by a candidate.

(2) The petition shall be signed by the petitioner.

Limitation period

359. (1) A petition complaining of the unlawful return or the unlawful election of a councillor or of a double return may be presented within 30 days after the return has been made by the returning officer of the councillor to whose election the petition relates.

(2) Notwithstanding subsection (1), where the petition questions the return or election upon an allegation of corrupt practices, and specifically alleges a payment of money or other reward to have been made by a councillor or on his or her account or with his or her knowledge since the time of that return in pursuit of or to further those corrupt practices, the petition may be presented within one month after the date of that alleged payment.

Amendment of petition

360. A petition presented within the limitation period may, upon an allegation of a corrupt or illegal practice upon which a petition might be presented, and with the leave of the court, be amended by alleging that corrupt or illegal practice before the expiration of the time within which a petition based upon that corrupt or illegal practice might have been presented.

Petition re no return

361. Where a petition complains of no return, it may be presented after the expiration of 7 days after the day upon which the return should have been made.

Counter petition

362. A candidate against whom a petition has been presented, may, within 15 days from the presentation of the petition, present a petition to the court complaining of the unlawful return or election of a person, or of an unlawful act committed by a person who has been a candidate at an election under this Part.

Presentation of petition

363. The presentation of a petition shall be made by delivering it at the office of the clerk of the court during office hours.

Security for costs

364. (1) At the time of the presentation of the petition, security for the payment of all costs, charges, and expenses that may become payable by the petitioner shall be given by him or her or on his or her behalf and shall be by 2 approved sureties, or by a deposit of money with the Registrar of the Supreme Court to the amount of $400.

(2) The clerk of the court shall give a receipt for those deposits, which shall be evidence of the sufficiency of the deposit.

Service of petition

365. Notice of the presentation of a petition under this Part and of the security, accompanied by a copy of the petition, shall, within 10 days or a further time that the court shall allow for the service of the petition, be served on the respondent.

Preliminary objections

366. (1) Within 5 days after the service of the petition, or a further time that the court allows, the respondent may file in the court a preliminary objection or grounds of insufficiency that he or she may have to urge against the petition or petitioners, or against a further proceeding, and shall in that case at the same time serve a copy of that objection upon the petitioner.

(2) The court shall hear the parties on those objections and grounds and shall decide the matter in a summary manner.

Answer

367. Within 5 days after the decision upon the preliminary objections, and upon the hearing of them, if disallowed, or on the expiration of the time for presenting the preliminary objections, if none has been presented, the respondent may file a written answer to the petition and shall serve a copy of that answer upon the petitioner.

Time of trial

368. Whether an answer is or is not filed, the petition is at issue after the expiration of the time for filing the petition, and the court may afterward, upon the application of either party, fix some convenient time for the trial of the petition.

Notice of trial

369. Notice of the time and place at which election petitions are to be tried shall be given by the petitioner not less than 10 days before the day on which the trial is to take place.

Adjournment of trial

370. The trial may be adjourned from one place to another where cause is shown, supported by an affidavit, and where special circumstances exist that, in the opinion of the judge make it desirable to do so, but the trial, where practicable, shall be proceeded with from day to day until concluded.

Judge's certificate

371. (1) At the conclusion of the trial the judge shall determine

(a) whether the councillor whose election or return is complained of was returned or elected;

(b) whether some other person should be returned or elected; or

(c) whether the election is void.

(2) The judge shall immediately certify in writing a determination made under subsection (1) to the minister, appending to it a copy of the notes of the evidence.

(3) The determination of the judge as certified under subsection (2) is final.

Report where corrupt practices

372. Where a charge is made in an election petition of a corrupt practice having been committed at the election to which the petition refers, the judge shall in addition to the certificate and at the same time report in writing to the minister

(a) whether a corrupt practice has or has not been proved to have been committed by or with the knowledge or consent of a candidate at the election, and the nature of the corrupt practice;

(b) the names of all persons who have been proved at the trial to have been guilty of a corrupt practice; and

(c) if corrupt practices have extensively prevailed at the election to which the petition relates, or there is reason to believe that corrupt practices have extensively prevailed.

Invalidation of election

373. (1) Where it is found by the judge upon a petition under this Part that a corrupt practice has been committed by or with the knowledge or consent of a candidate at the election complained of, the candidate is considered to be personally guilty of the corrupt practice and his or her election, if he or she has been elected, is void.

(2) In addition to the consequences of a finding of a corrupt practice under subsection (1) the candidate may not again be a candidate for election to a council held within 4 years of the finding of that corrupt practice.

Special case stated

374. (1) Where, upon the application of a party to an election petition, it appears to the judge that the case raised by the petition can be conveniently stated as a special case, he or she may direct the case to be so stated, and that special case shall be heard and decided before him or her.

(2) Upon making his or her decision the judge shall certify to the minister his or her decision on that special case.

Charge of corrupt practice

375. Unless the judge otherwise directs, a charge of a corrupt practice may be gone into and evidence in relation to that charge received before proof has been given of complicity on the part of a candidate in respect of the corrupt practice.

Ministerial action

376. The minister shall at the earliest practical moment after he or she receives the certificate and report of the judge, give the necessary directions and adopt all the proceedings necessary for confirming or altering the return or for the ordering of a new election or for otherwise carrying the determination into effect.

Consolidation of petitions

377. Where more than one petition is presented relating to the same election or return, all the petitions may be dealt with on the application of the respondent in the same manner as actions may be consolidated according to the practice of the court.

Withdrawal of petition

378. (1) An election petition

(a) may be withdrawn by leave of the court on application of the petitioners, subject to terms which the court may direct; or

(b) for want of prosecution, may, upon the application of the respondent and by leave of the court, be dismissed after 2 months from the filing of the election petition.

(2) Where there is more than one petitioner, no application to withdraw a petition may be made except with the consent of all the petitioners.

(3) Where a petition is withdrawn, the petitioner is liable to pay the costs of the respondent unless the court otherwise orders.

Abatement of petition

379. (1) An election petition under this Act is considered cancelled upon the death of a sole petitioner or of the survivor of individual petitioners or upon the death of the respondent.

(2) The cancellation of a petition does not affect the liability of the petitioner for the payment of costs previously incurred.

Substituted petitioners

380. (1) Notwithstanding subsection 379(1), on the cancellation of a petition by the death of a sole petitioner or the survivor of individual petitioners a person who might have been a petitioner in respect of the election to which the petition relates may, within 21 days after the cancellation, apply to the court to be substituted as a petitioner.

(2) The court may, where it thinks appropriate, substitute as a petitioner an applicant who wishes to be substituted and on whose behalf security to the same amount is deposited as is required in the case of a new petition.

Taxation of costs

381. All costs, charges and expenses paid or incurred by a party to an election petition shall be taxed and allowed by the judge and may be recovered by execution in accordance with the Judgment Enforcement Act and the Rules of the Supreme Court, 1986.

Legal proceeding questions

382. (1) A person who has voted at an election shall not, in legal proceedings held to question the election or the result of the election, be required to state for whom he or she has voted.

(2) A person shall not be excused from answering a question put to him or her in an action, suit or other proceeding before a judge, court or other tribunal touching or concerning the election or the conduct of a person or in relation to that action, suit or proceeding on the ground of privilege or on the ground that the answer to the question shall tend to incriminate him or her as an offender under this Part.

Procedure

383. Where a procedure is not provided for under this Act the procedure upon the hearing of petitions provided under the Judicature Act and the Rules of the Supreme Court, 1986 apply so far as they are applicable.

Corrupt practices

384. (1) Where a corrupt practice was committed by an agent without the knowledge and consent of the candidate, and the corrupt practice was of such trifling nature or extent that the result of an election cannot have been affected by that practice, either alone or in conjunction with other corrupt practices at the election, that corrupt practice shall not void the election.

(2) Where the judge upon the trial of an election petition finds

(a) that an act constituting in law a corrupt practice was committed by a candidate or with his or her knowledge and consent, but without corrupt intent, and by an inadvertence that was involuntary and excusable; and

(b) that the evidence showed the candidate to have honestly wished and in good faith tried as far as he could to have the election conducted according to law,

the candidate is not subject to the penalties and disabilities that he or she would but for this section incur.

Effect of mistakes

385. An election is not or may not be declared to be invalid

(a) for non-compliance with the provisions of this Part as to the taking of the poll or anything preliminary to the taking of the poll or as to the counting of the votes;

(b) because of a mistake in the use of the required forms; or

(c) because of a mistake or irregularity in the proceedings at or in relation to the election,

where it appears to the court by which the validity of the election or a proceeding in relation to it is to be determined that the election was conducted in accordance with the principles laid down in this Part, and it does not appear that the non-compliance, mistake, or irregularity affected the result of the election.

Corrupt practices

386. (1) A person commits a corrupt practice who

(a) directly or indirectly by himself or herself or another person on his or her behalf, gives or lends or agrees to give or lend, or offers, promises, or promises to obtain or to try to obtain, money or valuable consideration

(i) to or for a voter,

(ii) to or for a person on behalf of a voter, or

(iii) to or for another person,

in order to induce a voter to vote or refrain from voting, or corruptly does such an act on account of that voter having voted or refrained from voting at an election;

(b) directly or indirectly by himself or herself or another person on his or her behalf, gives or obtains, or offers or promises to obtain, or tries to obtain an office or place of employment for a voter or for another person in order to induce that voter to vote or refrain from voting, or corruptly does such an act on account of a voter having voted or refrained from voting at an election;

(c) directly or indirectly by himself or herself or by another person on his or her behalf, makes a gift, loan, offer, promise, procurement or agreement to or for a person in order to induce that person to obtain or try to obtain the election of a person as a councillor or the vote of a voter at an election;

(d) upon or in consequence of a gift, loan, offer, promise, procurement or agreement, obtains or promises or tries to obtain the election of a person to serve as a councillor or the vote of a voter at an election; or

(e) advances or pays money to or to the use of a person, with the intent that the money or part of it is to be used contrary to this section at an election, or knowingly advances or pays money to a person in discharge or repayment of money wholly or in part used at an election.

(2) Subsection (1) does not extend to money paid or agreed to be paid in good faith for or on account of legal expenses incurred at or concerning an election.

(3) A person commits a corrupt practice who

(a) directly or indirectly by himself or herself or another person on his or her behalf makes use of or threatens to make use of force, violence or restraint, or inflicts or threatens to inflict, by himself or herself, or by another person, injury, damage, harm or loss, upon or against a person, in order to induce or compel that person to vote or refrain from voting or on account of that person having voted or refrained from voting at an election; or

(b) by abduction, duress or fraudulent device or contrivance, impedes or prevents the free exercise of the right to vote by a voter, or as a result compels, induces, or prevails upon a voter either to vote or refrain from voting at an election.

(4) A candidate and a person on a candidate's behalf who

(a) directs, controls, or advises a returning officer, deputy returning officer or poll clerk in or about a matter concerning his or her duties; or

(b) pays money to an agent of a candidate

commits a corrupt practice.

PART XIII
LOCAL SERVICE DISTRICTS

Local service district

387. (1) The minister may, by order,

(a) establish an unincorporated area in the province as a local service district;

(b) establish and alter boundaries of local service districts;

(c) disestablish a local service district;

(d) amalgamate 2 or more local service districts; and

(e) include one or more unincorporated areas in an amalgamation under paragraph (d).

(2) Where a local service district committee is disestablished, sections 262 to 268 apply, with the necessary changes.

Publication of order

388. In addition to the requirements for publication in the Gazette under the Statutes and Subordinate Legislation Act, an order made under section 387 shall be published by the minister in a newspaper having general circulation in the area affected by the order, where there is a newspaper in that area, and by public notice posted up in the area.

Status of district

389. A local service district is not a municipality for the purpose of this or another Act.

Committee

390. (1) The minister may, by order, establish a local service district committee for a local service district established under this Part to control and manage the local service district in accordance with this Part.

(2) The minister may determine the number of persons to be elected to a committee established under subsection (1).

Status of committee

391. (1) A local service district committee is a corporation.

(2) A waste disposal committee established under the Waste Material Disposal Act in a local service district is continued under that Act until the establishment under this Part of a local service district committee in that local service district.

Water supply

392. A local service district committee may, subject to the Environment Act, contract for or construct, acquire, establish, own and operate a public water supply system and may in relation to the public water supply system determine the time, manner, extent, nature and recipients of the supply.

Sewage

393. A local service district committee may, subject to the Environment Act,

(a) contract for the collection and treatment of sewage;

(b) construct, acquire, establish, own and operate a public sewage system; or

(c) upon terms and conditions that it feels appropriate, and with the approval of the majority of residents of the local service district attending a meeting called for that purpose, financially help by grant or loan residents of the local service district that the committee decides with the installation of an individual septic tank system or other systems approved by the minister for the benefit of a resident in the local service district.

Nuisance

394. A local service district committee is not liable for a nuisance.

Fire protection

395. The local service district committee may

(a) contract for fire protection; or

(b) construct, acquire, establish, own and operate a fire hall, fire engines and other apparatus necessary for fire fighting, fire protection and responding to and providing services for other emergencies as may be authorized by the minister, either inside or outside the town's boundaries.

Other fire department and liability

396. (1) A firefighter of a municipal fire department, or another local service district fire department, who gives aid to a fire department in fighting a fire or providing emergency services for other emergencies is considered to be an officer and a member of that fire department while he or she is giving that aid.

(2) A firefighter of a municipal fire department, or another local service district fire department, who gives aid to a fire department in fighting a fire or for providing emergency services for other emergencies is responsible to the officers and members of that fire department while he or she is giving that aid.

Garbage collection

397. A local service district committee may

(a) establish and maintain a system for the collection and removal and disposal of garbage; or

(b) contract for the collection, removal and disposal of garbage

and may determine the time, manner, extent, nature and recipients of that service.

Street lighting

398. A local service district committee may contract with a person generating, transmitting or distributing power, or proposing to do so,

(a) for the supply of street or area lighting in the local service district; or

(b) for the supply of power and acquire by purchase or lease the equipment, apparatus, appliances devices and works necessary to provide street or area lighting in the local service district.

Other services

399. A local service district committee may provide additional services in the local service district that may be designated by the Lieutenant-Governor in Council.

Borrowing powers

400. A local service district committee may borrow money for capital expenditures to an amount not exceeding that authorized and for a period specified by the minister.

Fee for service

401. (1) A local service district committee may charge a fee for the cost of services or supply, provided under this Part and regulations made by a local service district committee, to the residents of the local service district or to the users of the service or supply as may be prescribed by the local service district committee.

(2) In addition to other remedies that the local service district committee has to enforce payment of a fee imposed under subsection (1), the local service district committee may disconnect the service provided by a water system where the fee is in arrears.

Representation

402. In all proceedings, in a court, to which a local service district committee is a party, it may be represented by an employee of the committee or by any of the committee members.

Expropriation

403. The local service district committee may, with the approval of the minister or, the minister may, on behalf of the local service district committee, acquire by agreement or expropriation, land, water, water rights, water privileges or works necessary for carrying out the purposes and provisions of this Part.

PART XIV
ORDERS AND PERMITS

Council orders

404. (1) A council may make an order that

(a) a vehicle or stand used for the sale of food or goods and not operating in accordance with a permit issued by the council be removed;

(b) the owner or occupier of a property stop construction, fill in, remove or alter a privy, septic tank, sewer, sewer system, well or water system

(i) not constructed in accordance with or under a permit issued by that council, or

(ii) located or constructed so that it is or may be a danger to public health;

(c) the owner or occupier of a parking lot constructed or operated without a permit or not in accordance with the regulations of council and the terms of a permit, to stop operations and return the property to its original state or maintain it;

(d) a place of entertainment not operating in accordance with a permit or operating without a permit comply with that permit and regulations made by the council with respect to that place or that the place of entertainment stop operating;

(e) the person pull down, stop construction, remove, fill in, alter or destroy the building and restore the site to its original state or make the alterations or disposition of the building that the order directs where a person has

(i) erected, extended, repaired, relocated or demolished,

(ii) changed the use of, or

(iii) after a 6 month vacancy, newly constructed or reoccupied,

a building without a permit as required under section 194;

(f) where a building is in a dilapidated state, or is, in the opinion of the council, unfit for human habitation, or another use for which it is then being used, or is a public nuisance, the owner or occupier is to pull down, remove, fill in or otherwise destroy the building and restore the site to its original state, or make the disposition or alteration of the building that the order directs;

(g) a building constructed on heritage lands be removed and the lands restored and that the exterior of a heritage building or structure not altered in accordance with a permit be restored as required by the council;

(h) a person stop construction of, remove or repair a sign erected without a permit or not in accordance with the terms of a permit or a regulation of the council;

(i) a fence, building, steps, erection or other object which projects into or over land reserved for a public highway or sidewalk be removed;

(j) a person who causes a nuisance contrary to the regulations of the council cease causing that nuisance;

(k) the construction, filling in or removal of a ditch, drain or culvert or connection to a storm drainage system constructed or made without a permit or not in accordance with the terms of a permit or regulations of the council be stopped; and

(l) that the owner or occupier of real property remove from that property, solid waste, noxious substances and substances or things which may be a hazard to public health and safety or which adversely affects surrounding properties.

(2) A person ordered to carry out an action or to stop an action under subsection (1) shall be served with that order and shall comply with that order at that person's own expense.

(3) An order made under this section continues in force until revoked by the council which made that order.

(4) A council may, in an order made under subsection (1), specify a time within which there shall be compliance with the order.

(5) Where a person to whom an order is directed does not comply with the order or a part of an order made under subsection (1), the council may take the action that it considers necessary to carry out the terms of the order and any costs, expenses or charges incurred by the council in carrying out the terms of the order are recoverable from the person against whom the order was made as a debt owed to the council.

(6) A council may delegate to an official or employee of the council the power to issue orders under this section.

Council order re: emergency

405. (1)Where a state of emergency is declared under section 204, a council, chairperson or mayor may order

(a) the closing of or the hours of operation of businesses and schools or a class of businesses and schools, in the municipality;

(b) the banning or controlling of public gatherings;

(c) the evacuation of buildings;

(d) the restriction or prohibition of the use of vehicles or a class of vehicles on the streets of the municipality;

(e) that children below a stated age or in certain age categories not be permitted on a public road, park or in a place of amusement during prescribed hours, whether alone or in the company of a parent, guardian or other adult; and

(f) the restriction or prohibition of the use of water in the municipality.

(2) Subsections 404(2) to (6) apply, with the necessary changes, to an order made by a council under subsection (1).

Service

406. (1) A notice, order or other document required to be given or served under this Act or the regulations is sufficiently given or served where delivered personally or sent by registered mail addressed to the person to whom delivery or service is to be made at the latest address appearing on the records of the applicable council.

(2) Where a person to whom a notice, order or other document is to be given or served as described in subsection (1) is a corporate body, it shall be considered to be sufficiently given or served where delivered personally to a director or chief executive officer of that corporate body.

(3) Where an order which can be made under this Act cannot be given or served under either subsection (1) or (2), that order is considered served if it is posted in a conspicuous place on the property to which the order relates.

Permits

407. (1) A person may apply to a council for a permit required under this Act in the required form and accompanied by the information which the council may require.

(2) A council may, where a person makes an application under subsection (1), require that person to submit additional information that it considers necessary.

PART XV
APPEALS AND REMEDIES

Appeal

408. (1) A person aggrieved by an order made under subsection 404(1) may, within 14 days of the service or posting of the order, appeal to the appropriate regional appeal board established under the Urban and Rural Planning Act and the board may make an order with respect to the matter that appears just.

(2) Where an appeal has been started under subsection (1), the council shall not begin to carry out an order made under section 404 until the appeal has been heard or otherwise disposed of.

(3) Notwithstanding subsection (2), a stop construction order remains in full effect and a person who violates that order contravenes this Act.

(4) Notwithstanding subsection (2), where a building poses an immediate threat to public health and safety, a council may take the action it considers necessary to eliminate that threat and the costs of that action may be collected from the owner of that building as a civil debt owed to that council.

Appeal

409. A person aggrieved by the refusal of a council to issue a permit required under section 194 may, within 14 days from the date of that refusal, appeal against the refusal to the appropriate regional appeal board established under the Urban and Rural Planning Act and the board may make an order with respect to the matter that appears just.

Appeal to Trial Division

410. (1) A councillor whose seat has been vacated under paragraphs 206(1)(c), (d), (e), (f), (g) or (h) or declared vacant under subsection 206(2) may appeal to a judge of the Trial Division by filing a notice of appeal in the Registry of the Supreme Court within 21 days of the date on which he or she is notified by the clerk of the council that his or her position as councillor is vacant and upon paying into the court a sum, or upon giving a bond for the sum, that the judge considered sufficient to defray the costs of the appeal.

(2) A copy of the notice of appeal shall be filed with the clerk by the appellant or by his or her solicitor.

(3) The notice of appeal shall set out in detail the allegations of the appellant and the grounds of the appeal and shall be signed by the appellant or his or her solicitor.

(4) The appellant shall, within 14 days after the service of the notice of appeal under this section, apply to the judge for the appointment of a day for the hearing of the appeal and shall, not less than 14 days before the hearing of the appeal, serve upon the Registry of the Supreme Court a written notice of the day appointed for the hearing.

(5) A clerk shall, not less than 4 days before the date of the hearing of the appeal, produce before the judge all papers and documents in the possession of the council relevant to the appeal.

(6) A judge shall hear the appeal and the evidence brought forward by the appellant and the council in a summary manner and may

(a) uphold the vacancy or reinstate a councillor whose seat was vacated under paragraphs 206(1)(c), (d), (e), (f), (g) or (h);

(b) uphold, amend or rewrite the resolution made under subsection 206(2); or

(c) make another decision that he or she considers to be appropriate in the circumstances.

(7) A judge may make an order as to costs, either for or against the appellant or the council, and may fix the amount of the costs.

(8) A person who has filed an appeal under this section is not entitled to sit as a councillor while the appeal is being heard.

Liability of councillors

411. (1) An action for damages shall not lie or be instituted against a councillor or member of a local service district committee for anything said or done or omitted to be said or done by that councillor or member in the performance or intended performance of his or her duty or the exercise of a power or for an alleged neglect in the performance or intended performance of his or her duty or exercise of a power under this Act.

(2) A municipality and a council are not liable for a nuisance.

Civil debt and injunctive relief

412. (1) Where

(a) an owner or occupier of real property has been charged a fee or charge under section 177 or 178;

(b) fees and charges payable to a council under sections 177 and 178 are in arrears; and

(c) arrears in an assessment or levy imposed under Part VI have accrued,

the council may sue for and collect costs, fees, charges or that levy in the name of the council as a civil debt due to the council.

(2) A council or its employees or agents may take an action by way of prosecution or other legal proceeding, including an application for an injunction or declaratory relief, which the council considers necessary to enforce section 194 or an order made with respect to that section.

PART XVI
REGULATIONS

Adoption of regulations

413. (1) Regulations made by a council under this Act shall be adopted by a majority vote of the councillors in attendance at the meeting at which the regulations are made.

(2) A copy of all regulations adopted by a council and certified by the clerk shall be sent to the minister by the clerk within 14 days of their adoption by council.

Council regulations

414. (1) A council shall make regulations

(a) to control the construction, location, use and maintenance of privies, sewer systems, septic tanks and sewers;

(b) respecting the digging, drilling, use and construction of wells and water supply systems;

(c) prohibiting and controlling the use of a source of water that the council considers dangerous to public health and restricting or prohibiting the use of water in a municipality;

(d) controlling and respecting the design, construction, alteration, reconstruction, minimum lot size and occupancy of buildings and classes of buildings and the demolition, removal, relocation and maintenance of buildings;

(e) subject to the approval of the minister, respecting

(i) the control of and management of its fire department, and

(ii) participation of the fire department in emergency activities not related to firefighting or fire prevention; and

(f) subject to the approval of the minister and the Fire Prevention Act, 1991, respecting the prevention of fire in a municipality and the inspection of buildings in a municipality for fire prevention purposes.

(2) A council may make regulations

(a) respecting the control and management of water and sewage systems, storm drainage systems and water catchment areas;

(b) respecting the maintenance of public waiting areas;

(c) controlling or prohibiting the use of a stand or vehicle, whether or not that stand or vehicle is self moving, drawn by another vehicle or person or is temporarily or permanently stationary, or is a stand or vehicle for the sale of food or goods;

(d) respecting the method of the display for sale or rental in shops of pornographic books, magazines, films or other pornographic reading or viewing material;

(e) respecting the entrance of minors into shops whose primary purpose is the sale or rental of material referred to in paragraph (d);

(f) defining terms for the purpose of giving effect to regulations made under paragraphs (d) and (e);

(g) prohibiting, restricting and controlling the running at large of dogs and other animals and restricting and controlling the keeping of dogs and other animals;

(h) providing for the seizure and impounding of animals found at large or kept contrary to regulations;

(i) prescribing fees for the impounding of dogs and other animals;

(j) providing for the sale, seizure, destruction and disposal of diseased and impounded dogs and other animals not claimed and for which a fee is not paid in the time established by regulations;

(k) providing for the licensing and registration of dogs within the municipality and the renewal of licences and the period of validity of the licences;

(l) prescribing the form of dog licences and licence tags to be issued with the licences;

(m) prescribing the fees to be paid for dog licences and licence tags;

(n) providing for the appointment of dog licensing officers in the municipality;

(o) prescribing remuneration to be paid to licensing officers for licensing dogs and collecting and forwarding the fees to the municipality and providing for the payment to licensing officers of the cost to them of remitting the fees in addition to remuneration;

(p) respecting the number of dogs which a person may keep in a municipality;

(q) prescribing fines for the non-compliance or contravention of regulations made under this section;

(r) respecting the use, operation and location of places of entertainment subject to regulations made under the Act and the Liquor Control Act;

(s) prohibiting or controlling the time of operation and the operation in general of recreational vehicles, including motorized snow vehicles and all terrain vehicles, within the municipality and may require that a recreational vehicle be licensed;

(t) respecting parking lots and parking garages and controlling or prohibiting the parking of commercial vehicles within the municipality or certain areas of the municipality;

(u) to prevent the pollution of waters within or, subject to the minister's approval, outside the municipality, used or possessed by the council for the provision of the municipality's water supply or necessary for the future use of the municipality;

(v) respecting

(i) the cutting of timber, or

(ii) the erection or establishment of a building, structure or work,

on, in, over or under land or water within the water catchment area providing the water supply, whether the watershed is wholly or partially within or outside the boundaries of the municipality;

(w) prescribing the specifications and quality of materials to be used to connect drains, sewers and water supply pipes to a building;

(x) for the protection of drains, sewers, and water supply pipes and for keeping them free from obstruction;

(y) requiring the owner or occupier, or both, of a building or part of a building that is within the boundaries of the municipality and within 60 metres, or the greater distance that may be prescribed in the regulations, of a public water supply system or a public sewage system to connect the building or other premises or part of the building or other premises to the system;

(z) providing that the connection of a building, or part of the building to a public water supply system, a public sewage system or a storm drainage system shall be done wholly or partly at the expense of the council or the owner or occupier of the building or part of the building or partly at the expense of both;

(aa) prohibiting the connecting of sewers, drains and water supply pipes to a building by a person other than an employee of, or other person engaged by, the council for that purpose and prescribing the conditions under which the council shall permit a person other than an employee of or other person engaged by the council to connect drains, sewers and water supply pipes to a building;

(bb) respecting the fixing, collecting, holding and repayment, with or without interest, by the council of deposits to be paid, in an amount in the discretion of the council, by the owner or occupier of a building to which water supply pipes, drainage pipes or sewage pipes are connected;

(cc) fixing the charges that the council may make for services it provides or performs for the purpose of connecting sewers, drains or water supply pipes to a building and fixing different charges in respect of different buildings or classes of buildings or in respect of different parts or the same part of an area serviced by the sewers, drains and water supply pipes;

(dd) designating real property as a heritage building, structure or land;

(ee) respecting noise or other nuisances, including the use of pellet and air guns;

(ff) establishing highway reservations, improvement lines, lines and building lines to existing and proposed highways and sidewalks;

(gg) with respect to economic development in the municipality;

(hh) prescribing the height and type of construction of fences and requiring the owner or occupier of a lot abutting on a public highway within the municipality to fence the lot and to keep and maintain the fence in repair to the satisfaction of the council;

(ii) prohibiting or controlling, subject to rights existing at the commencement of the regulations, the erection, maintenance and use upon or near public highways, sidewalks and bridges of telephone and electricity poles, signs and other objects and requiring their removal from one place to another and the removal shall be at the expense of the owner unless the location in that one place had been approved by the council;

(jj) prohibiting or controlling

(i) coasting, skating or sliding on snow or ice on public highways, bridges or sidewalks,

(ii) the use of, riding or driving of children's wagons, push carts, inline skates, skateboards, tricycles and other similar objects on public highways or sidewalks,

(iii) the wearing of bicycle helmets and bicycle and other safety equipment necessary for activities referred to in this paragraph, and

(iv) the operation of recreational and other vehicles not licensed under the Highway Traffic Act on public highways, bridges or sidewalks;

(kk) respecting the operation of bicycles within the municipality and the licensing of bicycles operated in the municipality;

(ll) prohibiting or controlling vehicular or pedestrian access onto or over a public highway or bridge;

(mm) protecting and preventing injury to public highways, bridges and sidewalks and trees, plants and structures contained within a highway reservation, and providing for the cleaning and removal of foreign matter from these public highways, bridges and sidewalks;

(nn) respecting winter maintenance of highways and snow clearing, including regulations which

(i) prohibit or control parking during winter months,

(ii) prohibit or control the erection of structures which impede or hinder winter maintenance of highways and snow clearing, and

(iii) prohibit or control the deposits of snow on sidewalks and public highways;

(oo) in accordance with sections 189 and 190 of the Highway Traffic Act;

(pp) respecting the

(i) storage and collection of solid waste,

(ii) prevention of littering,

(iii) definition of waste and litter, and

(iv) operation of disposal sites, subject to the Waste Material Disposal Act;

(qq) respecting the location, development and maintenance of cemeteries and crematoria;

(rr) respecting the use, size, illumination, erection and maintenance of signs in the municipality;

(ss) respecting taxis including

(i) fixing the number of taxis in the municipality,

(ii) requiring the operators of taxis to have a licence to operate in the municipality and fixing a fee for those licences,

(iii) fixing fares for users of taxis,

(iv) requiring the inspection of taxis on an annual or other basis that the council may establish in the regulations,

(v) establishing standards for taxis, and

(vi) authorizing and assigning stands for taxis and the erection and maintenance of those stands,

and, for the purpose of regulations made under this paragraph, the word "taxi" includes any vehicle which carries a passenger for a fare, fee or other remuneration;

(tt) respecting permits and licences and requiring that permits or licences be obtained, including temporary permits or licences, as required under this Act or regulations and fixing terms, conditions and fees applicable to those permits and licences;

(uu) establishing curfews for children of stated ages, stating that children of these ages not be permitted on a public road, park or place of amusement during certain hours, alone or accompanied by a parent, guardian or other adult; and

(vv) respecting the use, protection and operation of recreational facilities acquired or established under this Act and the fixing of charges for admission to and for the use of those facilities.

(3) In making regulations under paragraph (1)(d), a council shall adopt the National Building Code of Canada and supplements or amendments to that Code and may adopt standards which exceed the requirements of that Code and its supplements and amendments.

(4) The National Building Code and supplements and amendments to that Code adopted under subsection (3) shall be kept at the offices of the council and shall be available for inspection by members of the public.

(5) In making regulations under paragraphs (1)(e) and (f) a council may adopt the National Fire Code of Canada and supplements or amendments to that Code and may adopt standards which exceed the requirements of that Code and its supplements and amendments.

(6) Where a council has adopted the National Fire Code of Canada under subsection (5) the Code and supplements and amendments to the Code then in force shall be kept at the offices of the council and shall be available for inspection by members of the public.

(7) Notwithstanding subsections (4) and (6), the minister may, in writing, exempt a municipality from the application of a portion or portions of the National Fire Code and the National Building Code or supplements and amendments to them.

Ministerial regulations

415. The minister may make regulations

(a) respecting the responsibilities and duties of fire chiefs and respecting the financial, administrative and other reports which a fire department is to make to a council or a local service district committee;

(b) providing for the manner of determining that persons ordinarily resident in an unincorporated area or a local service district wish to

(i) form a local service district,

(ii) amalgamate 2 or more local service districts into one local service district, and

(iii) as an unincorporated area join with a local service district or an amalgamation of local service districts;

(c) providing for the election of the local service district committee for a local service district including

(i) the procedure for and timing of conducting an election,

(ii) the procedure for and time of conducting an election where an order has been made under paragraph 387(1)(d) or (e),

(iii) persons eligible to vote in an election,

(iv) persons eligible to be elected at an election, and

(v) other matters relating to an election that appear necessary or desirable to fully implement the purpose and intent of this Part;

(d) respecting the tenure of office, re-election and removal of members elected to the local service district committee;

(e) exempting local service districts from the Public Utilities Act;

(f) controlling the construction, location, use and maintenance of privies, sewer systems, septic tanks, and sewers;

(g) governing the digging, drilling, use and construction of wells and water supply systems;

(h) prohibiting and controlling the use of a source of water considered dangerous to public health;

(i) with respect to the control and management of the local service district committee fire department, and, subject to the Fire Prevention Act, 1991 and regulations under that Act, for the fighting of fires, the prevention of fire in the local service district and the inspection of buildings in the local service district for fire prevention purposes;

(j) providing for the storage of solid waste and its collection by a local service district;

(k) respecting the operations and proceedings of local service district committees and the allowable remuneration of members;

(l) providing for grants to local service district committees and the amount and times of payment, and prescribing the terms and conditions under which those grants may be made, including conditions respecting contributions to be made by householders;

(m) providing for loans to local service district committees and the amount and times of repayment of the loans, and prescribing the terms and conditions of and under which those loans may be made;

(n) respecting the appointment of an auditor by a local service district and the carrying out of his or her duties;

(o) disallowing works proposed by a local service district committee or the discontinuance of works already started and prescribing how that disallowance or discontinuance shall be made known to the local service district committee concerned; and

(p) for carrying out the provisions of Part XIII.

Lieutenant-Governor in Council regulations

416. (1) The Lieutenant-Governor in Council may make regulations

(a) setting out a scale of remuneration for chairpersons, deputy chairpersons, mayors, deputy mayors and councillors; and

(b) setting out rules as to the amount of reimbursement for expenses, that may be paid out under section 205.

(2) Payments made under paragraphs (1)(a) and (b) shall be made out of funds of the council and shall not be considered to be salary or remuneration in respect of which the office of a councillor would be vacated under section 206.

Local service district regulations

417. A local service district committee may make regulations

(a) prohibiting, restricting and controlling the roaming and running at large of dogs and other animals and restricting and controlling the keeping of dogs and other animals;

(b) providing for the seizure and impounding of dogs and other animals found at large or kept contrary to the regulations;

(c) prescribing impounding fees for dogs and other animals;

(d) providing that impounded dogs or other animals may be sold, destroyed or otherwise disposed of if diseased, not claimed and where the impounding fee is not paid in the time set out in the regulations;

(e) providing for the licensing and registration of dogs within the local service district and the renewal of licences and the period of validity of those licences;

(f) prescribing the form of licences and the kind of licence tags to be issued with the licences;

(g) prescribing the fees to be paid for licences and licence tags;

(h) providing for the appointment of licensing officers in the local service district;

(i) prescribing the allowance to be paid to licensing officers for licensing dogs and collecting and forwarding the fees to the local service district and providing for the payment to licensing officers of the cost to them of remitting the fees in addition to an allowance;

(j) respecting the number of dogs which a person may keep in a local service district; and

(k) prescribing fines for the non-compliance or contravention of regulations made under this section.

Fees and forms

418. (1) The minister may set fees and establish forms for the purpose and administration of this Act.

(2) In this Act, "required form" means the form prescribed under this Act or as established by the minister under subsection (1).

PART XVII
OFFENCES AND PENALTIES

Offence

419. (1) A person

(a) on whom an order has been served under this Act who refuses or fails to comply with the order within the time specified by the council;

(b) who fails to immediately comply with a request of an administrator under section 253 or of a receiver under section 264;

(c) who is a returning officer or a deputy returning officer who takes or receives a vote not permitted to be taken or received, wilfully miscounts the ballots or otherwise makes up a false statement of the poll;

(d) commits a corrupt practice under Part XII;

(e) contravenes section 347 or 348;

(f) who is a returning officer and

(i) neglects to perform the duties imposed upon him or her under Part XII,

(ii) wilfully places on the list of votes the name of a person not entitled to vote, or

(iii) wilfully strikes from the list the name of the person who is qualified to vote;

(g) who fails to pay a tax that the person is liable to pay under the Act;

(h) who fails to collect and pay to the council a tax that the person is directed to collect and pay over under the Act;

(i) who tears down, removes or damages a regulation, order or notice posted by a council; and

(j) contravenes this Act or a regulation made under this Act,

commits an offence.

(2) Each day upon which the same offence is committed or continued is a separate offence.

(3) A prosecution shall not be commenced with respect to an offence under the Act until after an appeal period which may apply to the activity giving rise to the offence has passed.

(4) A councillor who votes in favour of an expenditure, the incurring of an expenditure or an agreement contrary to section 248 and another person who contravenes or fails to comply with that subsection is guilty of an offence and, in addition to liability to prosecution under this Act, is personally liable jointly and individually with the other councillors or persons for the payment back to the council of money spent or payment of an expenditure incurred or financial commitment entered into contrary to that subsection.

Penalty

420. (1) A person who commits an offence under section 419 or who otherwise contravenes this Act is liable on summary conviction

(a) for a first offence to a fine of not less than $100 and not more than $500 or to a term of imprisonment of not more than one month or to both the fine and imprisonment;

(b) for a subsequent offence to a fine of not less than $500 and not more than $1,000 or to a term of imprisonment of not more than 3 months or to both the fine and imprisonment.

(2) Where a fine imposed under subsection (1) is not paid within the time allowed for payment, or immediately if no time is allowed, the council or local service district committee or a person acting on the council's or committee's behalf, may, by filing the conviction, enter as a judgement in the Trial Division the amount of the fine, together with an applicable late payment penalty, and the judgement is enforceable against the convicted defendant in the same manner as if it were a judgement rendered against the defendant in that court in a civil proceeding.

(3) A fine recovered under this Act shall be forwarded by the court imposing the fine to the council to which it relates.

(4) A penalty or imprisonment, and a conviction for an offence, does not operate as a bar to the recovery of another penalty, or to a prosecution or proceeding to which the person would otherwise be liable.

(5) Where a person has been convicted of an offence referred to in paragraph 419(1)(g) for failing to pay a tax, the court shall, when imposing sentence, also order that person to pay the amount of the tax and the court costs of the municipality.

(6) Sections 736 and 737 of the Criminal Code shall not be applied in disposing of a prosecution for an offence under paragraphs 419(1)(g) and (h) or imposing punishment for that offence.

Prosecutions

421. (1) Prosecutions for offences under this Act may be carried out by a council or a local service district committee or its agent or a peace officer, notwithstanding section 84 of the Law Society Act.

(2) For the purpose of this section a peace officer includes a municipal enforcement officer, a member of the Royal Newfoundland Constabulary, the Royal Canadian Mounted Police and a traffic officer under the Highway Traffic Act.

PART XVIII
REPEAL AND COMMENCEMENT

Repeal

422. The Municipalities Act is repealed.

Commencement

423. This Act shall come into force on January 1, 2000.

©Earl G. Tucker, Queen's Printer