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Statutes of Newfoundland and Labrador 2005


Statutes of Newfoundland and Labrador 2005 Chapter 21 Statutes of Newfoundland and Labrador 2005 Chapter 21 Statutes of Newfoundland and Labrador 2005 Chapter 21

CHAPTER 21

AN ACT TO AMEND THE MUNICIPALITIES ACT, 1999 AND THE MUNICIPAL ELECTIONS ACT

(Assented to May 19, 2005)

Analysis


              MUNICIPALITIES ACT, 1999

        1.   S.101 Amdt.
Imposition of taxes

        2.   S.103.1 Added
Notice of tax status

        3.   S.118 Amdt.
Tax exempt property

        4.   S.206 Amdt.
Vacancies

 

              MUNICIPAL ELECTIONS ACT

        5.   S.15 Amdt.
Qualification

 

        6.   Commencement


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

MUNICIPALITIES ACT, 1999


 

SNL1999 cM-24
as amended

        1. Subsection 101(2) of the Municipalities Act, 1999 is repealed and the following substituted:

             (2)  A council may, in the resolution imposing or varying the tax, set out the date when the tax is due but that date shall not be later than June 30 of the financial year in which the tax is imposed.

 

        2. The Act is amended by adding immediately after section 103 the following:

Notice of tax status

103.1 (1) The clerk shall, in writing, not more than 40 and not fewer than 30 days before the due date established under section 101, advise each councillor of the status of that councillor’s tax account.

             (2)  Where a tax owed by a councillor remains unpaid 30 days after that tax is due, that councillor shall be considered to be indebted to the council for arrears of taxes.

 

        3. Paragraph 118(a) of the Act is amended by adding immediately after the word "province" the words "or territory".

 

        4. Paragraph 206(1)(e) of the Act is repealed and the following substituted:

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

MUNICIPAL ELECTIONS ACT

SNL2001 cM-20.2
as amended

        5. (1) Paragraph 15(3)(a) of the Municipal Elections Act is amended by striking out the reference to subparagraph "206(1)(f)(iii)" and substituting a reference to subparagraph "206(1)(f)(ii)".

             (2)  Subsection 15(6) of the Act is repealed and the following substituted:

             (6)  Notwithstanding subsection (3), where, before the coming into force of this section, a councillor’s seat was vacated under paragraph 206(1)(e) of the Municipalities Act, 1999, that councillor may be nominated as a candidate for councillor and is eligible for election in the first general election of councillors held after the coming into force of this section.

Commencement

        6. Sections 1, 3 and 4 shall come into force on January 1, 2006.