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Statutes of Newfoundland and Labrador 2023 AN ACT RESPECTING TOWNS AND LOCAL SERVICE DISTRICTS (Assented to November 16, 2023) Analysis 1. Short title 2. Interpretation PART
I 3. Purposes of town 4. Natural person powers 5. Corporation 6. Broad interpretation of powers of town 7. By-laws - mandatory 8. By-laws - discretionary 9. Restrictions re:by-laws 10. By-laws - general powers 11. By-laws - permits, licences and approvals 12. Adoption of by-laws PART
II 13. Existing towns 14. Town 15. Feasibility report 16. Notice of intent 17. Name of town 18. Assessment of needs 19. Order respecting assets and liabilities 20. Publication of orders 21. Reduction or increase in area 22. Taxes on amalgamation PART
III 23. Establishment of first town council 24. Number of councillors 25. Wards 26. First election 27. Mayor's election 28. Election of mayor and deputy mayor 29. Vacancy re: mayor 30. Mayor status 31. Powers and duties of mayor 32. Powers and duties of deputy mayor 33. Councillor duties 34. Remuneration and expenses 35. Delegation 36. Presiding officer 37. First meeting 38. Actions and decisions of town council 39. Frequency of meetings 40. Open meetings 41. Closed meetings 42. Meeting by electronic means 43. Quorum 44. Voting 45. Vacancy of office 46. Rules of procedure 47. Committees 48. Advisory committees PART
IV 49. Plebiscites 50. Inspection of documents 51. Copies of documents 52. Authentication of documents 53. Public procurement 54. Agent 55. Joint ventures 56. Private services 57. Expropriation PART
V 58. Town manager 59. Duties of town manager 60. Relationship between town council and town manager 61. Town manager attendance at meetings 62. Use of employees 63. Expenditures – town manager 64. Emergency expenditures 65. Recommendations for expenditures 66. Town clerk 67. Duties of town clerk 68. Town clerk attendance at meetings 69. Departments 70. Report of disagreement 71. Employee positions 72. Salaries 73. Suspension 74. Dismissal 75. Retirement 76. Town employees 77. Bonding 78. Pensions 79. Pension portability 80. Group insurance 81. Training PART
VI 82. Financial year 83. Bank account 84. Budget 85. Contents of budget 86. Revised budget 87. Expenditures in excess of budget 88. Reserve funds 89. Powers of expenditure 90. Ministerial budget approval 91. Books of account 92. Financial statements 93. Appointment of auditor 94. Appointment of auditor by minister 95. Extension or waiver of audit 96. Auditor's powers 97. Auditor's report 98. Interim audit report 99. Current account borrowing 100. Long-term borrowing 101. Currency 102. Unauthorized expenditure 103. Debenture certificate 104. Signatures 105. Guaranteed loans expenditures PART
VII Division
1 106. Imposition of taxes 107. Effect of extensions 108. First year 109. Duration 110. Tax payment 111. Interest on arrears 112. Discount allowed 113. Publication 114. Proof of tax 115. Exemption, remission and deferment 116. Tax agreements Division 2 Real Property Tax 117. Real property tax 118. Rate of tax 119. Representative capacity 120. Occupier considered owner 121. Tax exempt property 122. Tenant of tax exempt property 123. Supplementary assessment 124. Appeals of assessments Division 3 Business Tax 125. Business tax 126. Gross revenue 127. Classes and subclasses of businesses Division 4 Direct Sellers Tax 128. Direct sellers tax Division 5 Tourist Accommodation Tax 129. Tourist accommodation tax Division 6 Fees 130. Fee for service 131. Water and sewer fee 132. Method of calculating water and sewer fees 133. Publication 134. Interest on arrears Division 7 Local Improvement Fees 135. Local improvements 136. Local improvement by-law 137. Notice of local improvement 138. Public hearing 139. Decision of council 140. Agricultural land 141. Equitable application 142. Local improvement fee 143. Interest on arrears Division 8 Liens and Arrears 144. Lien 145. Arrears certificate 146. Notice of arrears 147. Right of mortgagee, judgment creditor and lien holder 148. Uncollectable debts 149. Notice of taxes and fees status Division 9 Arrears Sales 150. Arrears sale 151. Notice of arrears sale 152. Arrears sale by public auction 153. Further notice of arrears sale 154. Arrears sale set aside 155. Proceeds of arrears sale 156. Failure to pay 157. Future assessments 158. Vesting of real property following arrears sale Division 10 Enforcement of Payment of Taxes and Fees 159. Seizure of rent 160. Disconnection of service 161. Collection as civil debt PART
VIII 162. Mandatory services 163. Fire department 164. Fire spread prevention 165. Right re: traffic 166. Power to enter building 167. Other fire department 168. Prohibition 169. Minimum standards 170. Providing services outside town 171. Acquisition of water and sewer systems 172. General right of entry 173. Town council to give notice 174. Compensation for injurious affection 175. Ownership of highways 176. Private roads 177. Recreational facilities 178. Names and numbering 179. Municipal service delivery corporation PART
IX 180. Building prohibition 181. Water and sewer prohibition 182. Storm drainage 183. Signs 184. Private roads 185. Removal of projections 186. Construction 187. Parking lots 188. Heritage buildings, structures and lands 189. Sale of property valued at less than $500 190. Sale or lease of property valued at $500 or more 191. Disposition of property valued at $500 or more 192. Binding requirements 193. Adverse possession abolished 194. Business improvement areas 195. Economic development 196. State of emergency PART
X 197. Appointment of comptroller 198. Expenditures where comptroller 199. Ministerial direction 200. Appointment of administrator 201. Dismissal of council 202. Powers of administrator 203. Duty to administrator 204. Budget 205. Employees and officers 206. Realization of assets 207. Books of account and records 208. Status of by-laws and policies 209. Restoration of status 210. Receivership 211. Effect of order 212. Duty to receiver 213. Powers of receiver 214. Books of account and records 215. Application of money PART
XI 216. Definitions 217. Existing local service districts 218. Local service district 219. Corporation 220. Status of local service district 221. Publication of order 222. Local service district committee 223. General elections 224. By-election 225. Composition of committee 226. Qualification of members 227. Appointment of members 228. Composition of committee after amalgamation 229. Composition of committee after alteration or annexation 230. Term of office 231. Vacancy of office 232. First meeting 233. Meetings required 234. Closed meetings 235. Presiding officer 236. Quorum of committee 237. Decision on motion 238. Annual meeting of residents 239. Special meeting of residents 240. Quorum of residents 241. Presiding officer 242. Voting 243. Financial year 244. Borrowing powers 245. Budget 246. Audited financial statements 247. Records 248. Bank account 249. Insurance 250. Inspection of documents 251. Staff 252. Volunteer fire department 253. Signature on deeds and documents 254. Appointment of comptroller 255. Appointment of administrator 256. Appointment of receiver 257. Mandatory garbage collection and removal 258. Services 259. Fee for service 260. Fee collection methods 261. Name and numbering 262. Representation 263. Expropriation 264. Public procurement 265. Public works by committee 266. By-laws PART
XII 267. Definitions 268. Powers, duties and functions of minister 269. Waste disposal area 270. Rates 271. Committee 272. Franchise agreement 273. Powers and duties of committee and franchise holder 274. Use of waste disposal site 275. Binding requirements 276. Notice of proposal 277. Prohibition against removal of waste PART
XIII Division
1 278. By-law enforcement officers Division 2 Inspections 279. Inspectors 280. Powers of inspectors 281. Order of inspector 282. Contravention of Act suspected 283. Telewarrant Division 3 Removal of Vehicles 284. Removal of vehicles Division 4 Council Orders 285. Council orders 286. Appeal Division 5 Violation Notices 287. Violation notices 288. Issuance of summons re: contravention of by-laws Division 6 Offences and Penalties 289. Offences 290. Penalty 291. Prosecutions PART
XIV 292. Publication 293. Service 294. No liability 295. Immunity for liability in nuisance 296. Orders 297. Fees and forms 298. Statutory review PART
XV 299. Lieutenant-Governor in Council regulations 300. Ministerial regulations PART
XVI 301. Real property tax 302. Water and sewer fee 303. Licences, permits and approvals 304. Regulations, orders, by-laws and decisions 305. Contracts and agreements PART
XVII 306. SNL2015 cA-1.2 Amdt. 307. SNL2021 cA-1.001 Amdt. 308. SNL2010 cA-9.1 Amdt. 309. SNL2006 cA-18.1 Amdt. 310. RSNL1990 cB-8 Amdt. 311. RSNL1990 cC-15 Amdt. 312. RSNL1990 cC-16 Amdt. 313. SNL2001 cE-5.2 Amdt. 314. SNL2022 cE-7.03 Amdt. 315. SNL2008 cE-9.1 Amdt. 316. SNL2002 cE-14.2 Amdt. 317. RSNL1990 cE-19 Amdt. 318. SNL2008 cF-11.01 Amdt. 319. SNL1996 cF-11.1 Amdt. 320. RSNL1990 cG-3 Amdt. 321. RSNL1990 cH-3 Amdt. 322. RSNL1990 cH-4 Amdt. 323. SNL2000 cI-1.1 Amdt. 324. SNL2004 cL-3.1 Amdt. 325. SNL1991 c36 Amdt. 326. SNL2005 cL-24.2 Amdt. 327. SNL1995 cM-20.1 Amdt. 328. SNL2021 cM-20.01 Amdt. 329. SNL2001 cM-20.2 Amdt. 330. SNL2012 cM-25 Amdt. 331. SNL2021 cO-5.1 Amdt. 332. SNL2001 cO-7.1 Amdt. 333. SNL2022 cP-3.02 Amdt. 334. SNL1995 cP-31.1 Amdt. 335. SNL2016 cP-41.001 Amdt. 336. SNL2012 cR-8.1 Amdt. 337. SNL2009 cR-15.01 Amdt. 338. RSNL1990 cS-15 Amdt. 339. RSNL1990 cS-16 Amdt. 340. SNL2005 cS-16.2 Amdt. 341. SNL2007 cS-34 Amdt. 342. SNL1992 cT-0.1 Amdt. 343. SNL2000 cU-8 Amdt. 344. RSNL1990 cV-5 Amdt. 345. SNL2002 cW-4.01 Amdt. 346. SNL2022 cW-11.1 Amdt. 347. RSNL1990 cY-1 Amdt. 348. NLR 74/10 Amdt. 349. NLR 26/01 Amdt. 350. NLR 59/22 Amdt. 351. NLR 41/12 Amdt. 352. NLR 33/18 Amdt. 353. NLR 78/99 Amdt. 354. NLR 85/07 Amdt. 355. NLR 73/11 Amdt. 356. SNL1999 cM-24 Rep. 357. 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 Towns and Local
Service Districts Act. Interpretation 2. (1) In this Act (a) "accommodation" means (i) a building, part of
a building or group of buildings containing one or more units and includes
cabins, cottages and other permanent structures, (ii) land maintained as
grounds for tents, trailers, recreational vehicles or other temporary or
seasonal structures, (iii) a boat, or (iv) any other real or personal property prescribed in the Tourist Accommodations Regulations; (b) "administrator" means a person appointed under section 200 or 255; (c) "arrears sale" means the sale of real property by a town to recover unpaid real property taxes, water and sewer fees or local improvement fees in relation to the real property; (d) "business" includes the following, whether or not it is for profit: (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; (e) "business tax" means a tax referred to in section 125; (f) "by-law enforcement officer" means a person appointed under section 278; (g) "city" means (i) the City of St. John's, (ii) the City of Corner Brook, and (iii) the City of Mount Pearl; (h) "comptroller" means a person appointed under section 197 or 254; (i) "councillor" means an elected member of a town council, including the mayor and deputy mayor; (j) "department" means, unless the
context indicates otherwise, the department presided over by the minister; (k) "economic development" means any activity that a town may undertake to expand or maintain the town's tax base; (l) "election" means a general election, by-election or special election held
under the Municipal Elections Act; (m) "emergency" means a real or anticipated event or an unforeseen combination of circumstances which poses either (i) an imminent danger to public safety, or (ii) an imminent danger of serious harm to property or the environment; (n) "former Act" means the Municipalities Act, 1999; (o) "highway" means a highway as defined in the Highway Traffic Act; (p) "Inuit community government" means Inuit Community Government as defined in the Labrador Inuit Land Claims Agreement in the Schedule to the Labrador Inuit Land Claims Agreement Act; (q) "local improvement fee" means a fee imposed by a town council in accordance with section 135; (r) "local roadways" means roadways and parking lots that are either (i) under the jurisdiction of, owned by or otherwise vested in a town, or (ii) maintained by a town; (s) "local service district" means a geographical area incorporated or continued as a local service district under this Act or the corporation, as the context requires; (t) "minister" means the minister responsible for the administration of this Act
under the Executive Council Act; (u) "municipal service delivery
corporation" means a corporation incorporated
under the Corporations Act for the purpose described in section 179; (v) "off-road vehicle" means off-road vehicle as defined in the Off-Road Vehicles Act; (w) "parking lot" includes a parking garage; (x) "real property" means (i) land or an interest
arising from land, and includes land under water, (ii) land and buildings,
structures, improvements, building service systems and storage facilities and
fixtures erected or placed upon, in, over or under land or affixed to land, (iii) a building that is
erected on land under a lease, licence or permit, but does not include the land
upon which the building is erected, and (iv) a mobile home or
trailer that is adopted as a residence, shop, office or for another similar
use; (y) "receiver" means a person appointed under section 210 or 256; (z) "regional service board" means a regional service board established under the Regional Service Boards Act, 2012; (aa) "remuneration" includes contributions by a town to a pension plan for councillors; (bb) "ride-sharing service" means "ride-sharing service" as defined in the Highway Traffic Act; (cc) "short-term rental" means the provision of an accommodation for compensation to an individual or group of individuals for overnight lodging for a period of 30 days or less; (dd) "tourist accommodation" means an accommodation that is offered for short-term rental to the travelling or vacationing public and is registered under the Tourist Accommodations Act; (ee) "town" means a geographical area incorporated or continued as a town under this Act or the corporation, as the context requires, but does not include an Inuit community government; (ff) "town clerk" means a person appointed under section 66; (gg) "town council" means the councillors of a town; (hh) "town manager" means a person appointed under section 58; (ii) "unincorporated area" means an area of the province not incorporated as a city, town, local service district or Inuit community government; and (jj) "water and sewer fee" means a fee imposed by a town in accordance with section 131. (2) All docks, quays,
wharves and structures touching the boundaries of a town and all ships attached
either permanently or temporarily to a dock, quay, wharf, ship or structure
touching the boundaries of a town shall be considered to be within and to be a
part of the town. PART I Purposes of town 3. The purposes of a town are (a) to provide good government; (b) to provide services, facilities or other things necessary or desirable for all or part of the town; (c) to develop and maintain a healthy, safe and viable town; and (d) to foster the economic, social and environmental well-being of the town. Natural person powers 4. (1) A town has the capacity, rights, powers and privileges of a natural person except to the extent they are limited by this Act or any other Act. (2) A town only has the capacity, rights, powers
and privileges of a natural person in respect of town purposes. (3) The powers of a town are vested in and shall be exercised by its town council. Corporation 5. A town is a corporation and shall not operate for profit. Broad interpretation of powers of town 6. Recognizing that a town is a responsible and accountable
level of government, the powers of a town under this or any other Act shall be
interpreted broadly in order to provide broad authority to the town council to
enable it to govern the affairs of the town as it considers appropriate and to
enhance the town council’s ability to respond to issues in the town. By-laws - mandatory 7. (1) A town council shall adopt by-laws for town purposes respecting the following matters: (a) rules of procedure at town council meetings; (b) prohibiting and controlling the use of a source of water that the town council considers to be dangerous to public health; (c) controlling and respecting the design, construction, alteration, reconstruction, minimum lot size and occupancy of buildings and classes of buildings and the demolition, removal and relocation and maintenance of buildings; (d) arrears sales; (e) subject to the Fire Protection Services Act, the prevention of fire in a town and the inspection of buildings in a town for fire protection services; and (f) where the town has a fire department, the control and management of the fire department and the participation of the fire department in emergency activities not related to firefighting or fire prevention. (2) Notwithstanding paragraph (1)(a), the minister may make regulations prescribing matters required to be included in the town's rules of procedure referred to in paragraph (1)(a) and the rules of procedure shall comply with the regulations made by the minister. (3) In making by-laws under paragraph (1)(c), a town council (a) shall adopt (i) the National Building Code of Canada and supplements or amendments to that code, (ii) the National Energy Code of Canada and supplements or amendments to that code, and (iii) the National Energy Code of Canada for Buildings and supplements or amendments to that code; and (b) may adopt standards which exceed the requirements of the codes referred to in paragraph (a) and their supplements and amendments. (4) In making by-laws under paragraphs (1)(e) and (f), a town council may adopt (a) the National Fire Code of Canada and supplements or amendments to that code; and (b) standards which exceed the requirements of that code and its supplements and amendments. (5) Where there are supplements or amendments to a code referred to in subsection (3), the town council shall adopt the supplements and amendments not later than 6 months after the supplements or amendments are published. (6) Where a town council adopts the code under subsection (4) and there are supplements or amendments to the code, the town council shall adopt the supplements or amendments not later than 6 months after the supplements or amendments are published. (7) The codes referred
to in subsections (3) and (4) and the supplements and amendments to the codes
adopted under subsections (5) and (6) shall be kept at the offices of the town
council and shall be available for inspection by members of the public. (8) Notwithstanding
subsections (3) and (4), the minister may, in writing, exempt a town from the
application of a portion or portions of the codes referred to in subsection (3)
or (4) or the supplements or amendments to the codes referred to in those
subsections. By-laws - discretionary 8. (1) A town council may adopt by-laws for town purposes respecting the following matters: (a) subject to the Public Health Protection and Promotion Act, safety, health and well-being of people and the protection of people and property; (b) public facilities, public works, utilities and improvements on public and private land; (c) services and programs provided by or on behalf of the town, including establishing fees for providing the services and programs; (d) people, activities and things in, on or near a public place or a place that is open to the public; (e) businesses, business activities and persons engaged in business; (f) nuisances, dangerous or unsightly property, pollution and waste in or on public or private property; (g) subject to the Highway Traffic Act, the management and control of local roadways, sidewalks and property adjacent to local roadways and sidewalks; (h) subject to the Highway Traffic Act and the Off-Road Vehicles Act, the use of off-road vehicles on or off local roadways and the regulation of pedestrians; (i) subject to the Highway Traffic Act and the Motor Carrier Act, local transport and transportation systems including carriers of persons or goods, taxis and other forms of public transportation but not including vehicles used for a ride-sharing service; (j) parking lots, parking and other non-moving use of local roadways; (k) subject to the Animal Health and Protection Act, domestic, feral, exotic and wild animals and activities in relation to them; (l) vegetation, including trees, and activities related to vegetation; (m) subject to the Environmental Protection Act and the Water Resources Act, protection of the natural environment; (n) parks and recreation; (o) designation and protection of heritage property and practices and the commemoration of historic events and people; (p) cemeteries and crematoriums; (q) the enforcement of by-laws made under this or any other Act; and (r) other matters prescribed in this Act. (2) By-laws adopted by a town council under paragraph (1)(j) shall meet or exceed the requirements of the Highway Traffic Act in relation to parking lots, parking and other non-moving use of local roadways. (3) Where a town council adopts a by-law under paragraph (1)(j), the provisions of the Highway Traffic Act do not apply in relation to parking lots, parking and other non-moving use of local roadways in the town that are subject to those by-laws. (4) A penalty prescribed in a by-law under paragraph (1)(j) shall be equal to the amount of the penalty prescribed in the Highway Traffic Act and the regulations under the Highway Traffic Act for the same contravention under that Act and regulations. Restrictions re:by-laws 9. (1) A by-law of a town (a) shall be consistent with town purposes; and (b) shall not conflict with this Act or any other Act or regulation of the province or of Canada. (2) A by-law of a town applies only inside the territorial limits of the town unless a provision of this or another Act provides otherwise. By-laws - general powers 10. Without limiting the generality of sections 7 and 8, a by-law made under those sections respecting a matter may (a) regulate, control or prohibit activity; and (b) deal with developments, activities, industries, businesses or things in different ways, divide each of them into classes, distinguish between the classes and deal with each class in different ways. By-laws - permits, licences and approvals 11. Without limiting the generality of sections 7 and 8, a by-law made under those sections respecting a matter may (a) provide for a system of licences, inspections, permits or approvals, including any of the following: (i) establishing fees for the activity authorized, (ii) establishing fees that are higher for persons who or businesses that do not reside or maintain a place of residence in the town, (iii) prohibiting any development, activity, industry, business or thing until a licence, permit or approval has been granted or an inspection has been performed, (iv) setting out the conditions that shall be met before a licence, permit or approval is granted or renewed, the nature of the conditions and who may impose them, (v) providing that terms and conditions may be imposed on any licence, permit or approval, the nature of the terms and conditions and who may impose them, (vi) providing for the duration of licences, permits and approvals and their suspension or cancellation for failure to comply with a term or condition of the licence, permit or approval or for any other reason specified in the by-law, and (vii) authorizing the undertaking of remedial action and the charging and collecting of the costs of remedial action, for failure to pay a fee or comply with a term or condition of the licence, permit or approval or for any other reason specified in the by-law; (b) require a licence,
permit or approval in order to take any action respecting the matter; and (c) prohibit the taking of
any action without a licence, permit or approval if a licence, permit or
approval is required. Adoption of by-laws 12. (1)
By-laws tabled by a town council under this Act shall
be adopted by a majority vote of the councillors in attendance at the meeting
at which the by-laws are tabled. (2) A copy of all
by-laws adopted by a town council and certified by the town clerk shall be (a) available for public
viewing during the normal business hours of the town; and (b) posted on the town's website, where the town has a website. PART II Existing towns 13. A town continued or incorporated under the former Act is
continued as a town under this Act. Town 14. (1) The Lieutenant-Governor in Council may, by order, on the
recommendation of the minister (a) incorporate an area
in the province as a town; (b) amalgamate towns; (c) annex areas to
towns; (d) establish and alter
boundaries of towns; and (e) 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 town council
in an area affected by an order, the order may have effect on a different date
than for other purposes. Feasibility report 15. (1)
The minister may order the preparation of a
feasibility report before making a recommendation to the Lieutenant-Governor in
Council under paragraphs 14(1)(a), (b), (c), (d) or (e). (2) Where the minister orders the preparation of a feasibility report under subsection (1), the minister shall appoint at least one person but no more than 3 persons to prepare the feasibility report in accordance with the regulations. (3) Where the minister appoints more than one person under subsection (2), the minister may, where the minister considers it necessary, appoint a chairperson from among the persons appointed under subsection (2). (4) Persons appointed
under subsection (2) have the powers of a commissioner under the Public
Inquiries Act, 2006. (5) Before preparing a
feasibility report under this section, the persons appointed under
subsection (2) shall hold a public hearing with
respect to a proposed order under subsection 14(1) and shall, where reasonable,
hold the hearing in the area affected by the order. (6) Notwithstanding
subsection (5), where the persons appointed under subsection (2) specify that a
written or oral submission is required 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 the public hearing and a further public hearing shall
not be required. (7) Unless otherwise ordered by the minister, all costs associated with a feasibility report shall be the responsibility of the town. Notice of intent 16. Before ordering the preparation of a feasibility report
under section 15, the minister shall, in accordance with section 292, publish a
notice of the minister's intent to make the order. Name of town 17. (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. Assessment of needs 18. (1) Following
an amalgamation under paragraph 14(1)(b), annexation under paragraph 14(1)(c)
or an alteration of boundaries under paragraph 14(1)(d), the minister may appoint
a person to assess the needs of a town or an area
within the town. (2) A person appointed under subsection (1) shall recommend to the minister the appropriate actions to be
carried out upon the amalgamation, annexation or alteration of boundaries. (3) A person appointed
under subsection (1) shall be a representative from either (a) the town or areas
affected by the amalgamation, annexation or alteration of boundaries; or (b) from the department. (4) The minister may
establish the terms of reference for an assessment carried out by a person
appointed under subsection (1). Order respecting assets and liabilities 19. Notwithstanding paragraph 21(1)(c), in an order amalgamating
towns or annexing an area to a town, the Lieutenant-Governor in Council may
provide for the adjustment of assets and liabilities between areas and towns
affected by the order. Publication of orders 20. 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 accordance with section 292. Reduction or increase in area 21. (1) Where an order is made under paragraph 14(1)(d) 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 town
may be retained by it, except highways, lanes, sidewalks, bridges and other
public ways in the area taken out of the town and the town council may dispose
of those assets for the consideration and upon the terms that it considers
appropriate; and (d) the town council may
collect money due to the town 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 under paragraph 14(1)(c) or (d) 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
make an order that the minister considers necessary. Taxes on amalgamation 22. (1)
Notwithstanding that a town has imposed taxes and tax
rates under Part VII, where an order is made under paragraph 14(1)(b) to
amalgamate the town or under paragraph 14(1)(c) to annex an area to the town,
the minister may, in writing, direct (a) the manner in which
taxes and tax rates applicable to the amalgamating towns and annexed areas are
to be harmonized; and (b) the time by which
the harmonization referred to in paragraph (a) is to be carried out. (2) A direction of the
minister under subsection (1) is binding upon the amalgamated towns and annexed
areas to which it applies. PART III Establishment of first town council 23. Where
a town is incorporated under this Act, the
Lieutenant-Governor in Council shall, by order, establish a town council to
control and manage the town in accordance with this Act. Number of councillors 24. (1) A town council shall consist of an odd number of councillors that is not less than 5 and not more than 9. (2) Notwithstanding subsection (1), upon the request of the town and with the prior written approval of the minister, a town may increase the maximum number of councillors. Wards 25. (1) Where a town is first incorporated, the minister may, by order, (a) divide a town into 2
or more wards; (b) define the
boundaries of the wards; and (c) fix the number of
councillors to be elected for each ward. (2) Where the minister does not divide a town into
wards under subsection (1), a town council may, by a vote
of 2/3 of the councillors in office, (a) divide the town into
2 or more wards; (b) define the
boundaries of the wards; and (c) fix the number of
councillors to be elected for each ward. (3) A town council may, by
a vote of 2/3 of the councillors in office, vary or repeal the wards and their
boundaries established under subsection (1) or (2). (4) Notwithstanding subsections (2) and (3), a town council shall not divide a town into wards or vary or repeal wards and their boundaries within 12 months following a general election or 6 months before a general election. (5) Where the minister
or a town council fixes the number of councillors to be elected for each ward,
the minister or town council shall also determine the number of councillors to
be elected at large. (6) The number of
councillors determined under subsection (5) to be elected at large shall be greater
than the total number of councillors elected for the wards. (7) Notwithstanding
subsection (6), where a town is first incorporated, the minister may (a) fix the number of
councillors to be elected for each ward that results in the total number of
councillors elected for the wards being equal to or greater than the number of
councillors elected at large; or (b) direct that all the
councillors to be elected shall represent wards. (8) Where (a) the total number of
councillors elected for the wards at the previous election was equal to or greater
than the number of councillors elected at large; or (b) all the councillors
elected represent wards, the town council shall, at least 6 months before the next general election under section 5 of the Municipal Elections Act determine the number of councillors to be elected at large for the purposes of the next and subsequent general elections. (9) Where a town council
does not comply with subsection (8), the minister may determine the number of
councillors to be elected at large as if the minister were the town council. First election 26. In the first election of a town council established in accordance
with section 23, the councillors shall be elected in
accordance with the Municipal Elections
Act on a date set by the minister. Mayor's election 27. (1)
The minister may direct that there be a separate
election of the mayor in the first election of a town council or in an election
of a town council ordered by the minister. (2) A town council may by
a vote of 2/3 of the councillors in office, (a) provide for the
election of the mayor by a separate election; (b) change the decision
in paragraph (a); or (c) change a direction
made by the minister under subsection (1). (3) Where a person is
not nominated for mayor in an election provided for under subsection (1) or
(2), a mayor may be elected by the councillors from amongst the councillors as
if a provision had not been made for the separate election of the mayor. (4) Where subsection (3)
applies, the person who received the next highest number of votes after the councillor
who was elected with the least number of votes shall be considered elected and shall
become a councillor. Election of mayor and deputy mayor 28. (1)
At the first meeting of the town council held following
the first election and each general election, the councillors shall (a) elect one councillor
to be mayor, where there has not been a separate election for 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 29. (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 either (a) having the deputy mayor assume the office of mayor (i) for the remainder of the mayor's term, where there is less than one year remaining in the mayor's term, or (ii) until a by-election is held to fill the vacant position of mayor, where there is one or more years remaining in the mayor's term; or (b) electing, by secret
ballot, from among the remaining councillors, 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 subparagraph
(1)(a)(ii) 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 subparagraph (1)(a)(i) or
paragraph (1)(b). Mayor status 30. The mayor is the presiding officer of the town council and
is the official head of the town for all ceremonial purposes. Powers and duties of mayor 31. (1) The mayor shall exercise the powers and perform the duties
that may be conferred or imposed upon the mayor by the town council or under this
Act or any other 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. Powers and duties of deputy mayor 32. In the absence or incapacity of the mayor, the deputy mayor
has the powers and shall exercise the duties of the mayor. Councillor duties 33. (1) A councillor shall (a) consider the welfare and interests of the town as a whole and bring to the town council's attention anything that would promote the welfare or interests of the town; (b) participate generally in developing and evaluating the policies and programs of the town; (c) participate in town council meetings, town council committee meetings and meetings of other bodies to which the councillor is appointed by the town council; (d) make all reasonable
efforts to ensure that the by-laws of the town are executed and obeyed; (e) advance the aims of the town council; (f) keep confidential any matters discussed in closed meetings of the town council or town council committee meetings until such time as the matter is discussed at a town council meeting held in public; and (g) perform any other duty or function imposed on the councillor by this Act or any other Act. (2) A councillor is
subject to the direction and control of the town council and shall abide by the
decisions of the town council. Remuneration and expenses 34. (1)
Notwithstanding section 89, a town council may, in
accordance with the regulations, (a) pay to the mayor,
deputy mayor and other councillors the annual or other remuneration that may be
agreed upon by the town council as determined by a vote of 2/3 of the
councillors in office; and (b) reimburse the mayor,
deputy mayor and other councillors for reasonable expenses incurred by them in
the conduct of town business that may be agreed upon by a vote of the majority
of the councillors. (2) Payments under paragraphs (1)(a) and (b) shall be made out of the funds of the town and shall not be considered to be salary or remuneration in respect of which the office of a councillor would be vacated under paragraph 45(1)(i). Delegation 35. (1) Unless this Act or any other Act or a by-law provides otherwise, a town council may, by by-law or resolution, delegate any of its powers, duties or functions under this Act, any other Act or a by-law to a town council committee, the town manager, town clerk, department head, by-law enforcement officer or a municipal service delivery corporation. (2) In a delegation under subsection (1), the town council may impose on the delegate the terms and conditions that the town council considers appropriate. (3) A town council shall not delegate (a) its power or duty to make a by-law; (b) its power to pass a resolution; (c) its power to make, suspend or revoke the appointment of an officer of the town; (d) its power to borrow money; or (e) its powers to establish reserve funds. (4) In a delegation under subsection (1), the town council may authorize the delegate to subdelegate the powers, duties and functions and to impose on the subdelegate the terms and conditions that the delegate considers appropriate. Presiding officer 36. (1) The mayor, or in the mayor's 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. First meeting 37. (1) The first meeting of a town council following a general or
special 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 14 contains a provision
respecting the date on which a town council shall take office, the first
meeting of the town council shall be called by the town clerk or the returning
officer within 14 days of that date. Actions and decisions of town council 38. (1)
All decisions of a town council shall be (a) made in a regular or
special meeting of the town council; and (b) adopted by a by-law
or a resolution of the town council. (2) An act or decision of a town council is not valid unless it is authorized
or adopted by a by-law or resolution at a town council meeting. (3) A
town council may not transact any business at a special meeting other than the
business specified in the notice of the special meeting, unless all members of
the town council present at the special meeting agree. Frequency of meetings 39. (1) A
town council shall meet (a) at least once a
month for the dispatch of general business; and (b) at other times that
the town council determines necessary. (2) Meetings referred to in subsection (1) shall
be called by the town clerk upon the request of the
mayor or upon the written request by any 2 councillors. (3) A schedule of the
regular monthly meetings to be held under subsection (1) shall be approved
annually by resolution of the town council and shall set out the date, time and
place of the regular meetings. (4) Special meetings of
a town council shall be called by the town clerk upon the request of the mayor
or any 2 councillors. (5) Where a special
meeting is called under subsection (4), the town clerk shall give notice of the
special meeting to all councillors by delivering a notice to (a) the councillor; (b) the councillor's
place of residence; or (c) the councillor's
place of business. (6) A notice referred to in subsection (5) shall
be delivered at least 24 hours before the time set
for the meeting. Open meetings 40. All regular and special meetings of a town council and all meetings of a town
council committee shall be open to the public. Closed meetings 41. (1) Notwithstanding section 40, a town council meeting or a town council committee meeting may be closed to the public for the duration of the discussion if it is necessary to discuss (a) information of which
the confidentiality is protected by law;
(b) personal information
that is protected under the Access to
Information and Protection of Privacy Act, 2015; (c) information that
could cause financial loss or gain to a person or the town, or could jeopardize
negotiations leading to an agreement or contract; (d) the proposed or pending acquisition or disposition of land; (e) information that
could violate the confidentiality of information obtained from the Government
of Canada or from the government of a province or territory; (f) information
concerning legal opinions or advice provided to the town council by its lawyer
or privileged communications between lawyer and client in a matter of town
business; (g) litigation or potential litigation affecting the town or a municipal service delivery corporation or a matter before a board, commission or tribunal that affects the town or a municipal service delivery corporation; (h) the access to or
security of buildings and other structures occupied or used by the town or
access to or security of systems of the town, including computer or
communication systems; (i) information gathered
by the Royal Canadian Mounted Police and Royal Newfoundland Constabulary, in
the course of investigating any illegal activity or suspected illegal activity,
or the source of that information; or (j) labour and
employment matters, including the negotiation of collective agreements. (2) Where a meeting is a
closed meeting, (a) members of the
public shall not be present; (b) a resolution or by-law shall not be adopted other than a resolution (i) giving instructions to the lawyer for the town, (ii) giving instructions to any person negotiating a contract on behalf of the town, (iii) giving directions to employees on matters referred to in subsection (1), (iv) adjourning the closed meeting, or (v) opening the meeting to the public; (c) a record shall be
made containing only the following information: (i) the type of matter
under subsection (1) that was discussed during the meeting, and (ii) the date of the
meeting; and (d) all decisions made during the meeting shall be documented by a resolution. (3) Where a decision is
made by a town council at a closed meeting, the decision shall be ratified at a
public meeting. Meeting by electronic means 42. (1) A town council may allow a councillor to participate in a town
council meeting or town council committee meeting by electronic means. (2) A councillor
participating in a town council meeting or town council committee meeting by
electronic means is considered to be in attendance at the meeting. Quorum 43. (1)
A quorum is
required at all times for town council meetings and town council committee
meetings. (2) A majority of all councillors in office constitutes
a quorum for a town council meeting provided that there are at least 3
councillors in office. (3) Notwithstanding subsection (2), where there are
less than 3 councillors in office, the minister may order that the remaining
councillors constitute quorum until an election or a by-election is held to
fill the vacancies. (4) A majority of all members of a town council committee constitutes a quorum for a town council committee meeting. Voting 44. (1)
A motion before a town council shall be decided by a
majority vote of the councillors in attendance at the meeting except where a vote
of 2/3 of the councillors in office is required. (2) A councillor shall
not abstain from voting on a motion before the town council unless the
councillor is required to abstain from voting because of a conflict of interest
under the Municipal Conduct Act. (3) Where one or more councillors abstain from voting on a motion in accordance with subsection (2) and the number of councillors remaining at the meeting referred to in subsection (1) is not sufficient to constitute a quorum, the number of councillors remaining, where not less than 2, shall be considered to constitute a quorum for purposes of discussion and voting on the matter being considered by the council. (4) The minutes of a town
council meeting shall indicate the name of each councillor who did any of the
following: (a) voted for and
against a motion; (b) abstained from voting on a motion; or (c) was absent from the meeting. (5) Where there is a tie
vote on a motion, that motion shall be considered to be defeated. Vacancy of office 45. (1)
The office of a councillor becomes vacant where (a) the councillor
resigns, in writing; (b) the councillor is a
member of a town council that is dismissed under the Municipal Affairs Act or
the councillor is dismissed as a member of a town council under the Municipal Affairs Act; (c) the councillor's seat was vacated under the Municipal Conduct Act; (d) an administrator is appointed under section 200; (e) the councillor ceases to be a resident of the town; (f) the councillor has
been absent from the town for more than one year; (g) the councillor
remains indebted to the town for outstanding taxes or fees 31 days after the
end of the financial year; (h) without leave of the
town council, the councillor (i) is not sworn into
office within 60 days after the election, or (ii) does not attend
regular meetings of the town council for 3 successive months; (i) the councillor
accepts without the prior written approval of the minister, an office or
employment with the town to which a salary or remuneration, not including an
honorarium payable out of the funds of the town, is attached; or (j) the councillor fails
to vote on a matter before the town council when required to vote. (2) For the purposes of paragraph (1)(a), a councillor is considered resigned on the date specified in the resignation, or, where a date is not specified, from the date when the councillor files the resignation with the town clerk or, where the councillor resigns at a meeting of the town council, from the time of that resignation. (3) A councillor shall
not sit or act as a councillor after the councillor's seat has been vacated. (4) A councillor whose
seat has been vacated under paragraphs (1)(e), (f), (g), (h), (i) or (j) may
appeal to a judge of the Supreme Court by filing a notice of appeal with the
Supreme Court within 21 days of the date on which the councillor is notified by
the town clerk that the councillor's seat is vacated and upon paying into the
Supreme Court an amount, or upon giving a bond for the amount that the judge
considered sufficient to defray the costs of the appeal. (5) A councillor or the
councillor's solicitor shall file a copy of the notice of appeal with the town
clerk. (6) The notice of appeal
shall set out in detail the allegations of the councillor and the grounds of
the appeal and shall be signed by the councillor or the councillor's solicitor. (7) The councillor shall,
within 14 days after the service of the notice of appeal under this section,
apply to the judge for a date for the hearing of the appeal. (8) A town clerk shall,
not less than 4 days before the date of the hearing of the appeal, provide to
the judge all papers and documents in the possession of the town relevant to
the appeal. (9) A judge shall hear
the appeal and the evidence brought forward by the councillor and the town in a
summary manner and may (a) uphold the vacancy
or reinstate a councillor whose seat was vacated under paragraphs (1)(e), (f),
(g), (h), (i) or (j); or (b) make another
decision that the judge considers to be appropriate in the circumstances. (10) A judge may make an
order as to costs, either for or against the councillor or the town, and may
set the amount of the costs. (11) A person who has
filed an appeal under this section is not entitled to sit as a councillor while
the appeal is being heard. Rules of procedure 46. A town council shall adopt rules of procedure for its town council meetings. Committees 47. (1) A town council may establish the standing or special
committees that it considers necessary. (2) A town council shall
appoint councillors to serve on a committee established under subsection (1). (3) A committee established under subsection (1) shall consist of no less than 2 councillors. (4) Where a town council establishes a standing or special committee under subsection (1), the town council may establish the mandate of the committee and the procedures to be followed by the committee. Advisory committees 48. (1) A town council may establish one or more advisory committees to advise on matters of special interest to the town. (2) An advisory committee may be comprised of (a) councillors; (b) residents; and (c) persons with expertise in areas that the town council determines necessary. (3) A town council shall (a) define the function and scope of an advisory committee; and (b) establish guidelines and procedures for an advisory committee. PART IV Plebiscites 49. (1) A town council may, by a vote of 2/3 of the councillors in
office, hold a plebiscite in the town for the purpose of determining the views
of the voters in the town 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 the Municipal
Elections Act. Inspection of documents 50. (1) The following documents shall be made available by a town
council for public inspection during the normal business hours of the town: (a) adopted minutes of
the town council; (b) assessment rolls; (c) by-laws; (d) town plans; (e) open public tenders; (f) financial
statements; (g) auditor's reports; (h) adopted budgets; (i) contracts; (j) orders; (k) permits; and (l) all other documents
tabled or adopted by the town council at an open meeting. (2) A person inspecting
documents under subsection (1) (a) shall not remove the
documents from the place where they are located or interfere with an employee
of the town in the performance of the employee's duties; and (b) may make extracts
from the documents and may make copies of the documents. (3) Where copies are made by an employee of the town under paragraph (2)(b), the town may charge a fee equal to the actual cost of providing the copies. (4) Where a person requests that a town provide the documents referred to in subsection (1) by an electronic means and the town has an electronic means to provide them, the town shall comply with the request. (5) Notwithstanding paragraph (2)(b) and subsection (4), extracts and copies shall not be made of assessment rolls and assessment rolls shall not be provided to a person by an electronic means. Copies of documents 51. (1) Where an action has commenced in a court and the town clerk
is satisfied or the court has ordered that an extract from a document in the
possession of or under the control of the town clerk is required in evidence in
the action, the town clerk shall, upon payment of a charge that may be set by
the town council, provide to the person requiring the extract a certified copy
of the extract with the corporate seal of the town attached to the extract. (2) An extract provided
under subsection (1) purporting to be certified by the town clerk and having
the corporate seal of the town attached to it shall be received in evidence as
presumptive proof without proof of the appointment or signature of the town
clerk or the corporate seal of the town. Authentication of documents 52. (1) All deeds and documents to which a town is a party and to
which a seal is necessary shall be authenticated by the corporate seal of the
town and the mayor, or the town clerk when authorized by the town council,
shall authenticate the deeds and documents by signing and initialling each page
of them. (2) Where a mayor or
town clerk is in a conflict of interest and is unable to act as a signatory to
a deed or other document to which the town is a party, the town council shall
appoint a councillor to act as a signatory in the place of the mayor or town
clerk. Public procurement 53. (1)
The execution of a public work, the acquisition of
goods or services and the leasing of space by a town shall be in accordance with
the Public Procurement Act. (2) In this section,
"public work", "goods" and "services" have the
same meaning as in the Public Procurement
Act. Agent 54. A town may act as the agent of the Government of Canada,
the government of the province or of another town, for the management of
property in the town owned or leased by that government or town, by agreement
with that government or town. Joint ventures 55. A town may enter into an agreement with the government of
the province, a city, a regional service board, local service district or
municipal service delivery corporation or another town, agency or person for
the joint construction, ownership, maintenance and operation of a facility or
service that the town is permitted to construct, own, maintain and operate
under this Act. Private services 56. (1)
A town council may, by a vote of 2/3 of the
councillors in office, contract to do work, supply goods or provide a service
not authorized for the town under this Act where it (a) has equipment, staff
or goods surplus to its needs; and (b) charges normal
commercial rates for the work, goods or service. (2) Notwithstanding subsection (1), a town shall not contract to do work, supply goods or provide a service where it would be in competition with a person that is located in the town. Expropriation 57. (1) A town may, in accordance with Part IX of the Urban and
Rural Planning Act, 2000, expropriate land, property or an interest
in land or property where (a) the person who owns
the land, property or interest refuses to accept the amount offered in writing
by the town; (b) the person who owns
the land, property or interest 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 who owns the land,
property or interest; or (d) for another reason
the town considers it advisable to do so. (2) Where a town no longer requires the land, property or an interest expropriated under subsection (1), the town shall give the person who owned the land, property or interest in the land or property at the time of the expropriation the first opportunity to purchase the land. PART V Town manager 58. (1) A town council may establish the position of town manager
and may, by a vote of 2/3 of the councillors in office, appoint a person as town
manager. (2) Where the position
of town manager is vacant, or the town manager is unable to carry out the town manager's
duties, the town council may appoint a person to act as town manager, and the
acting town manager has and may exercise the powers and shall carry out the
duties of the town manager. Duties of town manager 59. (1) A town manager is responsible to the town council for the
planning, execution, conduct and administration of the affairs of the town. (2) In addition to the town manager's duties under this Act, a town manager may be appointed town clerk or acting town clerk in the absence of a town clerk. (3) A town manager shall
comply with this Act, the regulations and any other Acts and the by-laws and
the policies of the town. (4) Notwithstanding
subsection (3) and subsection 60(2), where a town manager carries out a policy
or an act in good faith that has been directed by the town council and that
policy or act contravenes this Act or another Act, an action shall not lie
against the town manager for a matter arising from carrying out that policy or
act. (5) A town manager may
delegate the town manager's powers and duties to employees that the town manager
may consider appropriate, except those powers and duties that the town council
may specifically exempt from delegation. (6) Notwithstanding
subsection (5), in the case of an emergency, the town manager may delegate all
of the town manager's powers and duties. Relationship between town council and town manager 60. (1) Where a town has a town manager, the town council shall provide direction to the town manager regarding the administration, plans, policies and programs of the town. (2) A town manager shall
not disobey, disregard or overrule a decision of the town council. (3) A town manager may
advise or make a recommendation to the town council but the advice or
recommendations of the town manager are not required before an action of the
town council. (4) Where a town manager provides advice or makes
a recommendation to the town council, the town council shall consider and make a record of the advice or recommendation
in its minutes but the town council is not required to follow the advice or
recommendation. Town manager attendance at meetings 61. (1) A town manager or the town manager's designate shall attend all town council meetings and is entitled to speak but has no right to vote. (2) Where permitted by the town council, the town manager or the town manager's designate may attend town council committee meetings and is entitled to speak but has no right to vote. Use of employees 62. A town manager may use the services of the heads of
departments and of other employees of the town for the purpose of carrying out the
town manager's duties. Expenditures – town manager 63. A town manager may make or authorize the making of
expenditures for the purchase of equipment, supplies, work or other things
required for the carrying on of the business of the town and the town manager
may enter into contracts for the expenditures on behalf of the town where (a) the proposed
expenditure is not in excess of the amount provided in the budget for the
purchase of the equipment, supplies, work or thing; and (b) either (i) the expenditure does
not exceed in a single case an amount which the town council shall by resolution
set as a maximum amount; or (ii) where the expenditure exceeds in a single case the maximum amount referred to in subparagraph (i), the town manager has obtained the prior approval of the town council. Emergency expenditures 64. Notwithstanding section 63, where, in the opinion of the
town manager, the immediate expenditure of an amount exceeding the amount set
by the town council under subparagraph 63(b)(i) is necessary to meet an
emergency situation, the town manager may make that expenditure without the
prior approval of the town council and shall report on the expenditure to the
town council at its next town council meeting. Recommendations for expenditures 65. (1) Where an expenditure is proposed by a town council that
exceeds the expenditure amount established under subparagraph 63(b)(i), the
town council shall not make the expenditure until it has requested the recommendations
of the town manager with respect to that expenditure. (2) When the town
manager's recommendations under subsection (1) are received, or where the town
manager does not make recommendations within a reasonable time, the town
council may make the expenditure in the manner and subject to the conditions
that it considers appropriate. (3) A town council is
not required to adopt recommendations made to it by the town manager under
subsection (2). Town clerk 66. (1) A town council shall, by a vote of 2/3 of the councillors in
office, appoint a town clerk. (2) Where the office of town
clerk is vacant, or the town clerk is unable to carry out the town clerk's
duties, the town council shall appoint a person to act as town clerk. (3) The acting town clerk
may exercise the powers and shall carry out the duties of the town clerk. Duties of town clerk 67. (1)
A town clerk is the secretary to the town council and
is responsible for (a) the recording of the
proceedings and decisions of the town council; and (b) the safekeeping of all
documents of the town and the corporate seal of the town. (2) In addition to the town
clerk's duties under this Act, a town clerk may be appointed town manager or
acting town manager. (3) A town clerk may administer oaths and affirmations and receive affidavits for the purpose of this Act. (4) A town clerk shall
comply with this Act, the regulations and any other Acts and the by-laws and
the policies of the town. (5) Notwithstanding
subsection (1), a town council may delegate responsibility for the safekeeping
of some or all of the documents, to an employee of the town. (6) Where the town clerk
carries out a policy or an act in good faith that has been directed by the town
council and that policy or act contravenes this Act or another Act, an action
shall not lie against that town clerk for a matter arising from carrying out
the policy or act. Town clerk attendance at meetings 68. (1) A town clerk or the town clerk's designate shall attend all town council meetings and is entitled to speak but has no right to vote. (2) Where permitted by the town council, the town clerk or the town clerk's designate may attend town council committee meetings and is entitled to speak but has no right to vote. Departments 69. (1) A town council may (a) establish
departments; (b) appoint for the
departments the department heads that are necessary for the effective operation
of the town; and (c) set out the roles
and responsibilities of the department heads. (2) Where a town has a
town manager, (a) the town manager may propose the structure or restructuring of departments; and (b) the town council shall
seek the town manager's recommendation before establishing a department or
appointing a department head. (3) The town council may
appoint one person as department head for 2 or more departments established
under paragraph (1)(a). (4) The department heads
are responsible to the town manager or where there is no town manager, to the
town council. Report of disagreement 70. (1) Where
a department head is not in agreement with a plan,
proposal or appointment by the town manager, the department head may request
that the town manager report to the next town council meeting that the
department head is not in agreement with the plan, proposal or appointment. (2) A request referred to in subsection (1) shall be in writing and shall include reasons for the request. Employee positions 71. (1) A town council may establish employee positions for the
administration of the town. (2) A town 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 a town has a town
manager, the town council shall request the town manager's recommendation
before establishing employee positions and job specifications for the employee
positions. Salaries 72. A town council may establish the salaries of town employees. Suspension 73. (1) Where a town council is of the opinion that the town manager,
town clerk or a department head has engaged in misconduct, the town council
may, by a vote of 2/3 of the councillors in office, suspend the town manager, town
clerk or department head for a period which the town council may determine. (2) A town council may
determine, by a vote of 2/3 of the councillors in office, if a suspended town manager,
town clerk or department head is to receive a salary during the period of
suspension or any portion of the period of suspension. Dismissal 74. (1) A town manager, town clerk or department head may be
dismissed by a vote of 2/3 of the councillors in office. (2) Councillors shall
not hold a vote on a motion to dismiss under subsection (1) unless (a) a written notice of
the town council meeting signed by the councillors intending to make and second
the motion is provided to the town clerk or mayor; and (b) a copy of the notice
addressed to the person who is the subject of the motion is served on the
person personally or by leaving it at the person's last known address at least
one week before the date of the town council meeting at which the motion to
dismiss is to be made. Retirement 75. A town manager, town 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. Town employees 76. (1) Where a town has a town manager, the town manager may
employ, suspend or dismiss an employee of the town. (2) Notwithstanding subsection (1), (a) a town manager shall not employ, suspend or dismiss the town clerk or a department head; and (b) where the town has department heads, the town manager shall consult with the department head responsible for the employee before employing, suspending or dismissing the employee. (3) The authority that
may be exercised by the town manager under subsection (1) is subject to the
terms of a collective agreement or other employment contract to which the town
is a party. (4) Where there is no
collective agreement or other contract regulating the procedures to be followed
under subsection (1), a town council shall, upon the written recommendation of
the town manager, where there is a town manager, establish written procedures
governing the exercise of the powers set out in subsection (1). (5) A town council may
employ, suspend or dismiss an employee of the town, subject to subsections (3)
and (4), after consulting with the town manager, where there is a town manager. Bonding 77. (1) A town council shall ensure that every employee of the town who handles or could handle money of the town is bonded or otherwise insured for the faithful performance of duties. (2) A town council shall pay the premiums on bonds or insurance entered into under this section. Pensions 78. (1) A town council may provide a pension plan for councillors,
full-time employees, regular part-time employees, or a class of employees, who
have worked for a stated period and discontinued their employment or, in the case
of a councillor, the councillor's tenure as a councillor, or have suffered
permanent disability before reaching retirement age. (2) A pension plan
provided under subsection (1) shall be a defined contribution plan as defined
in the Pension Benefits Act, 1997 unless the minister approves an
alternative type of plan. (3) A pension plan
entered into under subsection (1) shall be based upon a plan of contributions
by the town council and its councillors or the town council and town employees. Pension portability 79. (1) Where before becoming a councillor or an employee of a town, a person was employed by the Government of Canada, the government of a province, a municipality in Canada or a corporation or institution having a pension plan, the whole or part of the pensionable service credited to the person under the pension plan of that former employer may be credited to the person as pensionable service with the town. (2) Notwithstanding subsection (1), a town may make an agreement with a body referred to in that subsection providing for the crediting, on a reciprocal basis, of the whole or part of the pensionable service served by the councillor or employee with that body, as pensionable service with the town. Group insurance 80. (1) A town council may arrange to provide a group insurance
plan for the councillors, town employees or a class of town employees, and for
volunteer members of the town's fire department and for that purpose may enter
into arrangements which the town council may determine with insurance or other
companies or with the Crown. (2) A group insurance
plan entered into under subsection (1) shall be based on a plan of
contributions by the town council and the councillors or the town council and town
employees, except for volunteer members of the town's fire department, in which
case all contributions shall be paid from the funds of the town. Training 81. (1) A town may arrange for councillors and town employees to participate in training and other professional development activities. (2) Where councillor and
town employee training is carried out by a town council or in co-operation with
other town councils or bodies engaged in councillor or town employee training
programs, the town shall arrange to support the councillors and town employees
financially and otherwise in taking the training programs. PART VI Financial year 82. (1) The financial year of a town council is from January 1 to
December 31. (2) For the first year
of a town council the financial year is from the date the town council takes
office until December 31 immediately following taking office. Bank account 83. (1) A town shall open bank accounts in a financial institution
approved by the town council and shall deposit to its credit all money received
by it. (2) All cheques, orders
or electronic payments withdrawing money from the bank account of the town
shall be authorized by a councillor and a person designated for that purpose by
the town council. (3) Where a comptroller is appointed under section 197 all cheques shall be countersigned by the comptroller. (4) In this section,
"financial institution" means (a) a trust company
approved by the Lieutenant-Governor in Council; (b) a bank within the
meaning of the Bank Act (Canada); or (c) a credit union continued
or incorporated under the Credit Union
Act, 2009 or a federal credit union as defined in the Bank Act (Canada). Budget 84. (1) A town council shall, not later than 90 days after the day
on which the town council takes office following a general election and not
later than December 1 in each succeeding year, prepare and adopt a budget
containing estimates of the revenue and expenditures of the town 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 form set by the minister 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 town 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 town 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 the minister may determine. (5) The proposed
expenditures in a budget shall not exceed the anticipated revenues. Contents of budget 85. (1) A budget shall only include the following revenue: (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 a town 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 town may provide for an expenditure in its budget for a
capital reserve where the town council 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) A reserve fund referred to in paragraphs 88(1)(b) and (c) may be provided for in a budget for a specific purpose, a specified annual amount and over a specified period of years that the town council shall approve. (7) A reserve fund under
subsections (3) and (6) may be invested by the town council in short-term
investments. Revised budget 86. (1) Where, during a financial year, it appears that the actual
revenues and expenditures are likely to be substantially greater or less than
estimated, the town council shall prepare and adopt a revised budget in the form
set by the minister. (2) A copy of the
revised budget shall be sent to the minister within 2 weeks of its adoption. (3) A revised budget
shall take effect on the first day of the month following the date of its
adoption by the town council. Expenditures in excess of budget 87. (1) A town council shall not, without authorization by a vote of
2/3 of the councillors in office, incur, enter into, contract, or become liable
for, an expenditure or indebtedness in excess of the estimated amount of
expenditure set out in the adopted budget or revised budget. (2) Where under
subsection (1) the town council has incurred, entered into, contracted or
become liable for an expenditure or indebtedness that substantially exceeds the
estimated amount of expenditure set out in the adopted or revised budget, the
town council shall within 30 days prepare and adopt a revised budget in the
form set by the minister. Reserve funds 88. (1) A town council may, by by-law, establish, manage and contribute to (a) a capital reserve fund; (b) an operating reserve fund; and (c) another type of reserve fund. (2) Notwithstanding paragraphs (1)(b) and (c), a town council shall not establish a reserve fund referred to in paragraph (1)(b) or (c) unless the minister has approved the establishment of the reserve fund in accordance with subsection (3). (3) The minister may approve the establishment of a reserve fund referred to paragraph (1)(b) or (c) where the town council submits a written request to the minister which states (a) the purpose of the reserve fund; and (b) the criteria and conditions governing contributions and withdrawals from the reserve fund. (4) A town council shall specify in its by-law establishing a reserve fund (a) the purpose for with reserve fund is established; and (b) the criteria and conditions governing contributions and withdrawal from the reserve fund. Powers of expenditure 89. (1) Subject to an adopted budget or revised budget containing a
provision for the expenditure, a town may, out of the funds at its disposal,
pay (a) salaries or
remuneration to the councillors, officers, auditors and employees of the town;
and (b) all the other
expenditures incurred in the execution of the powers and duties vested in the
town council by this Act, the regulations or another Act or regulation. (2) A town council may, out of the funds at its disposal, and by a vote of 2/3 of the councillors in office, provide a grant of money or an in-kind
grant for town purposes to any of the following on the terms and conditions
that are determined by the town council: (a) a charitable or non-profit organization or corporation; (b) a recreational, cultural, environmental, social or educational organization;
and (c) any other organization or corporation if, in the opinion of town council,
the grant will benefit its residents and assist in the social or environmental
development of the town. (3) A town
council shall not provide grants to political parties or candidates in municipal, provincial or federal elections.
(4) A town council shall not provide a grant that directly reduces or reimburses the taxes or fees paid or payable to the town by the recipient of the grant. (5) Expenditures made
under subsections (1) and (2) shall not exceed the total approved budget or
revised budget of the town and shall be supported by appropriate documentation. Ministerial budget approval 90. (1) Where a town has incurred major deficits in a financial
year, the minister may, where the minister considers it advisable, require the
town to submit its budget or revised budget to the minister for approval and
the minister may approve or disapprove the budget or revised budget. (2) Where a minister has
required the submission of a budget or a revised budget under subsection (1),
the minister may also assign employees of the department to assist the town in
the preparation of its budget or revised budget. Books of account 91. A
town shall ensure that correct and complete books of
account are kept of the financial dealings of the town. Financial statements 92. (1) A town council shall prepare and adopt, before June 1 of
each year, financial statements in a manner consistent with generally accepted
accounting principles established periodically by the Public Sector Accounting
Board. (2) The mayor and the treasurer, or, where there is no treasurer, the town clerk, shall sign the financial statements and shall attach a report that an auditor has made with respect to the financial statements. (3) A town council shall publish the town's financial statements and the auditor's report in accordance with section 292. Appointment of auditor 93. (1) A town council shall appoint an auditor to audit the
accounts of the town and report on the financial statements prepared by the
town council or employees of the town. (2) An auditor shall be appointed before August 1 in the year preceding the year in which the audit is required to be reported on under section 97. (3) An auditor appointed under subsection (1) shall be a public accountant licensed under the Chartered Professional Accountants and Public Accountants Act. (4) The appointment of an auditor remains in effect until revoked by the town council. (5) The minister may,
where the minister considers it necessary, appoint an auditor to conduct a
special audit and the cost of that special audit shall be a cost of the town
with respect to which that appointment was made. Appointment of auditor by minister 94. (1) Where a town council does not appoint an auditor within the
time period set out in subsection 93(2) or the town council appoints an auditor
who does not satisfy the criteria prescribed in subsection 93(3), the minister
shall appoint an auditor to audit the accounts of the town and report on the
financial statements prepared by the town council or by employees of the town. (2) The costs of an
audit prepared by an auditor appointed under this section shall be the
responsibility of the town for which that appointment was made. Extension or waiver of audit 95. Notwithstanding sections 93 and 94, the minister may (a) authorize an
extension of the time period for the preparation of an audit of the accounts of
the town to a date which the minister determines; or (b) waive the requirement
of an audit of the accounts of the town where the minister is satisfied that an
inspection by the employees of the department is sufficient to ensure adequate
financial control and accountability with respect to that town. Auditor's powers 96. An auditor may request, and a town shall provide, all documents,
books of account and records of the town that the auditor considers necessary
to enable the auditor to properly audit the town accounts. Auditor's report 97. (1) An auditor shall examine and report on the town's annual
financial statements and books of account and the audit report shall contain
information regarding (a) an expenditure in
excess of the total annual budget of the town; (b) the financial
position of the town with regard to arrears of revenue; (c) the manner in which
the accounts of the town have been kept; (d) the extent of
insurance carried with respect to all town property; (e) the adequacy of the town's
safeguards against fraud; (f) the sufficiency of
bonds entered into under section 77; and (g) other matters
connected with the accounts that the auditor may consider of sufficient
interest or importance. (2) An auditor shall
complete and submit a report on the audit within 5 months of the end of the
financial year being audited. (3) A town shall send a
copy of the audit to the minister within 30 days of its receipt. Interim audit report 98. An auditor shall, at the request of the town council or the
minister, make an interim report regarding the accounts of the town and shall
send a copy of the report to the town council and the minister within 30 days
of its completion. Current account borrowing 99. (1) A town may borrow money for current account purposes. (2) The indebtedness of
a town incurred as a result of borrowing money 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 town,
in the financial year in which the borrowing takes place. (3) All amounts borrowed
under subsection (1) shall be repaid before the end of the fiscal year in which
the borrowing takes place. (4) Notwithstanding
subsections (2) and (3), a town 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 100. (1) Subject to the prior written approval of the minister, a town
may (a) borrow money for
capital purposes and issue securities for the repayment of money borrowed; and (b) enter into a
financing agreement as lessee with respect to the lease of personal or real
property where the lease is for a term of 3 years or more. (2) A town shall, on or
before the end of each year, submit to the department a 5-year forecast of its
anticipated capital expenditure requirements. Currency 101. Where a town borrows money under section 99 or 100, the
money shall be stated in Canadian currency. Unauthorized expenditure 102. (1) Where, without the prior approval of the minister, a town council
uses money borrowed under section 100 for a purpose other than the purpose for
which the minister approved the loan, the councillors who voted for the money
to be used for that purpose are personally, jointly and individually, liable
for the restoration of that money to the town, and the town or the Crown may
recover the money as a civil debt due to the town. (2) Where a person
entitled to vote in an election for councillors files a written request with
the town council asking the town council to commence an action against
councillors who incur liability under subsection (1) for the recovery of the
money referred to in that subsection and the town council refuses or neglects
to commence an action within one month of receipt of the request, the person
who filed the request may (a) bring an action on the
person's own behalf or on behalf of other persons in the town; or (b) ask the minister to
commence an action in right of the Crown to recover the money. Debenture certificate 103. (1) A debenture issued by a town shall have a certificate
signed by the deputy minister of the department which contains the following
wording: "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 Towns and Local Service Districts Act. Dated at , Newfoundland
and Labrador. (2) The certificate as
set out in subsection (1) on a debenture, when signed by the deputy minister of
the department, is evidence that (a) the town 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 town according to its terms; and (d) the debenture's validity
is not open to question in a court in the province. (3) The deputy minister
of the department may impress the deputy minister's signature by machinery or
use an electronic signature on debentures and the certificate is valid as if it
had been signed in the handwriting of the deputy minister. Signatures 104. (1) The mayor and treasurer, or in the absence of the treasurer, the town clerk, shall sign a debenture issued by a town. (2) A person referred to in subsection (1) may impress the person's signature by machinery or use an electronic signature and the debenture is valid as if it had been signed in the handwriting of the mayor, treasurer or town clerk. Guaranteed loans expenditures 105. (1) Where a town has raised money by a loan advanced or
guaranteed by the Crown or under bonds or debentures issued by the town council
with their repayment guaranteed by the Crown, the town 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 referred to in subsection
(1) shall not be attached, held or otherwise taken under power of law to
satisfy an obligation of a town arising out of a contract entered into by that town
council without the prior approval of the minister. PART VII Division 1 Imposition of taxes 106. (1) All taxes that may be imposed or varied by a town shall be
imposed or varied by a resolution of the town council before April 1 in the
financial year in which the tax or variation of tax is to be applied. (2) In a resolution
imposing or varying a tax the town council may set out the date when the tax is
due but that date shall be on or before June 30 of the financial year in which
the tax is imposed. (3) Where a tax is
imposed or varied by a town council on or before April 1 of the financial year,
the 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 town council after April 1 of the financial year, it shall
not take effect until the beginning of the next succeeding financial year
unless a later date is set out under subsection (2). Effect of extensions 107. Notwithstanding subsection 106(4), where a town council is
unable to impose or vary the real property tax by April 1 of a financial year
as a result of an extension under the Assessment Act, 2006 for either (a) the completion of
the assessment roll under the Assessment Act, 2006; or (b) the time in which an
appeal is decided by a commissioner under the Assessment Act, 2006, the real property tax
is considered to be due from the beginning of that financial year, unless the
town council sets a later date under subsection 106(2). First year 108. Notwithstanding subsection 106(2), taxes imposed or varied
by a town council in its first financial year within 3 months of its taking
office become due and payable when rendered unless the town council sets a
later date under section 106. Duration 109. Taxes imposed or varied by a town council remain in effect
and are due according to the nature of the tax and their method of payment
until the resolution of the town council imposing the tax has been cancelled. Tax payment 110. A town council may (a) determine the manner
of payment of a tax imposed under this Act; and (b) allow taxes to be paid in instalments. Interest on arrears 111. A town council may charge simple or compound interest on
taxes that are not paid on or before the date on which they become due, if,
before making that charge, the town council passes a resolution establishing (a) whether the interest
shall be simple or compound; (b) the rate of interest
to be charged; and (c) when the interest
shall be applied. Discount allowed 112. (1)
A town council may allow a discount in respect of
taxes imposed under this Act for (a) persons who pay their taxes on or before March 31 of a year; (b) persons who provide proof satisfactory to the town council of financial hardship; and (c) charitable and community organizations. (2) Subsection (1) only applies where, before
allowing the discount, the town council passes a
resolution establishing the rate of discount. Publication 113. (1) A town shall publish annually (a) a copy of a
resolution adopting its tax structure; and (b) a copy of the tax structure. (2) Subsection (1) does not apply to a resolution of the town council that settles the amount of tax owed by a person. (3) The liability of a person to pay a tax is not affected by the failure of a town to comply with subsection (1). Proof of tax 114. In an action under this Act in which it is
necessary to show that a tax was imposed or varied, a copy of the following
documents are, in the absence of evidence to the contrary, proof that the tax
was properly imposed or varied: (a) the
resolution of council imposing or varying the tax; and (b) the
minute of the council signed by the town clerk. Exemption, remission and deferment 115. (1)
A person may apply to a town council for, and the
town 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 the period of time that the town council determines. (2) A town council may
determine the evidence which it shall require to warrant the exemption,
remission or deferment. Tax agreements 116. A town 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. Division 2 Real property tax 117. (1) A town council shall impose an annual real property tax on
the owners of real property within the town. (2) A town council may establish classes and subclasses of real property for the purposes of establishing a real property tax. (3) Where there are 2 or
more owners of the same real property within a town, a town council may
designate one of the owners to be the owner for the purpose of the imposition
and collection of the real property tax. Rate of tax 118. (1) The real property tax rate shall be set as (a) a percentage of the assessed value of the real property as set out in the last assessment roll of the town prepared under the Assessment Act, 2006; or (b) a base amount plus a percentage of the assessed value of the real property as calculated in accordance with paragraph (a). (2) The real property tax rate shall, when combined with all other anticipated revenues from other sources, be sufficient to cover the expenditures for the financial year in which the real property tax is imposed. (3) A town council may,
by resolution, establish different base amounts in a town for (a) residential
property; (b) commercial property; (c) vacant land; and (d) land that has upon
it a structure which (i) is not used for
residential purposes, and (ii) does not exceed the
square meterage area prescribed by the town in a by-law. Representative capacity 119. (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 the
person's 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 town prepared under the Assessment
Act, 2006 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. Occupier considered owner 120. Where real property is occupied and the owner is not known
despite a reasonable investigation by the town, the occupier is considered to
be the owner for the purpose of the imposition and collection of the real
property tax. Tax exempt property 121. (1)
The following real property is exempt from the real
property tax: (a) real property
belonging to Canada or a province or territory of Canada; (b) real property
belonging to a town or its agents, a regional service board or a municipal
service delivery corporation; (c) real property
exempted by an Act of the Legislature; (d) churches and other
places of worship together with the land on which they are situated; (e) cemeteries operated
by churches or non-profit organizations; (f) the rectory or other
principal place of residence of a religious leader 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 on which it is situated; (g) public health care
facilities owned and operated by the Provincial Health Authority 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 the Crown, or in the case of a French first language
school, the Conseil Scolaire Francophone Provincial 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 Fisheries, Forestry and Agriculture may designate. (2) Notwithstanding paragraphs (1)(d) and (f), a church, place of worship, rectory, or a principal place of residence of a person referred to in paragraph (1)(f) shall only be exempt from real property tax where it is in active use. Tenant of tax exempt property 122. (1) A town council may require a tenant who pays rent or other valuable consideration for
real property exempt from real property tax to pay a tax equivalent to the tax
that would have been payable by the owner if the property were subject to the
real property tax. (2) A town council shall not require a tenant referred to in subsection (1) to pay a tax equivalent amount where the owner of the real property pays to the town a grant-in-lieu of taxes. Supplementary assessment 123. (1) Where
a supplementary assessment was completed under
paragraph 24(1)(a) of the Assessment Act, 2006, the owner of the real property 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 (a) the date of
substantial completion; or (b) the date of
occupancy of the real property. (2) Where a supplementary
assessment was completed under paragraph 24(1)(b), (c), (d), (e) or (f) of the Assessment
Act, 2006, the owner of the real
property 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 date of the event that gave rise to that supplementary assessment. Appeals of assessments 124. (1) Where a person appeals an assessment or supplementary assessment under the Assessment Act, 2006, the real property tax is payable based on the assessment or supplementary assessment notwithstanding the appeal. (2) The difference
between the amount of the tax collected under subsection (1) and the amount
payable on the basis of the assessment as later determined in the appeal under
the Assessment Act, 2006 shall be paid by the owner or refunded by the town,
according to the decision in the appeal. Division 3 Business tax 125. (1) A town council may impose an annual business tax on all
businesses which carry on business in the town. (2) Where a town council imposes a business tax, the town council shall set the business tax as follows: (a) where a business has a fixed place of business, the business tax shall be set as either (i) a percentage of the assessed value of the real property used by the business, or (ii) a base amount plus a percentage of the assessed value of the real property used by the business; or (b) where a business has no fixed place of business or a business has a fixed place of business that cannot be assessed under the Assessment Act, 2006, the business tax shall be set as either (i) a percentage of the gross revenue of the business, or (ii) a base amount plus a percentage of the gross revenue of the business. (3) For the purposes 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. (4) This section shall
not apply to a regional service board or a municipal service delivery
corporation which may be carrying on business in the town. Gross revenue 126. (1) A business that is subject to a business tax calculated
under paragraph 125(2)(b) shall submit a sworn or affirmed statement as to its
gross revenue in the preceding calendar year by February 1 of the following
year. (2) Where a business
does not submit a statement of its gross revenue, the town council shall
estimate the gross revenue of the business for the preceding year and calculate
the business tax based on that estimate. (3) Where a business
which is subject to business tax as calculated under paragraph 125(2)(b) did
not carry on business in the preceding year, the town council may estimate the
gross revenue of the business and calculate the business tax based on that
estimate. (4) Where a business
provides records to the town council after the town council makes an estimate
under subsection (2) or (3) that shows to the satisfaction of the town council
an amount of gross revenue different from that estimated by the town council,
the town council shall adjust its tax records at the end of its financial year
and shall either rebate excess business taxes paid by crediting the rebate to
the next year's business tax or add additional business tax owing to the next
year's business tax. (5) Where a town council
has estimated the gross revenue of a business under subsection (2) or (3), the
business may appeal to the town council for a revised estimate where the
business is able to show a valid reason for the revision to the town council. Classes and subclasses of businesses 127. (1) A town council may establish classes and subclasses of businesses for the purposes of calculating a business tax. (2) The percentage of assessed value of real
property referred to in paragraph 125(2)(a) and the percentage of gross revenue
referred to in paragraph 125(2)(b) may differ in
respect of different classes and subclasses of businesses. Division 4 Direct sellers tax 128. (1) A town 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 only operate in a town in accordance with the terms of a permit issued by
the town council. (4) This section shall
not apply to a business upon which business tax is imposed. (5) In this section,
"direct seller" means a direct seller as defined in the Consumer
Protection and Business Practices Act. Division 5 Tourist accommodation tax 129. (1) A town council may, by by-law, impose a tourist accommodation tax to be paid by guests of tourist accommodations located in the town. (2) A by-law referred to
in subsection (1) shall (a) state the rate of
the tourist accommodation tax or the amount of the tourist accommodation tax
payable; and (b) state the manner
in which the tourist accommodation tax is to be collected. (3) A by-law referred to in subsection (1) may provide for (a) exemptions
from the tourist accommodation tax; (b) penalties for
failing to comply with the by-law; (c) interest on
outstanding tourist accommodation tax or penalties; (d) the assessment of
outstanding tourist accommodation taxes, penalties and interest; (e) audit and
inspection powers; and (f) the establishment
and use of such enforcement measures as the town considers appropriate if an
amount assessed for outstanding tourist accommodation tax, penalties or
interest remains unpaid after it is due, including the creation and
registration of liens. (4) Notwithstanding paragraph (2)(a), the rate of the tourist accommodation tax shall not exceed 4% of the daily rate for the tourist accommodation. (5) A tourist accommodation tax shall be collected by operators of tourist accommodations as agents of the town. (6) A town council shall
not impose a tourist accommodation tax under this section on any persons and
entities prescribed in the regulations. (7) The use of one or more enforcement measures established by a
by-law under this section does not prevent a town council from using any other
remedy available in law to enforce the payment of amounts owing under this
section. (8) A town council that imposes a tourist accommodation tax shall use the proceeds of the tax collected for the purposes of tourism. (9) Notwithstanding subsection (8), a town may use 12% or less of the proceeds of the accommodation tax collected to pay any administration costs relating to the imposition of the tourist accommodation tax. (10) The Lieutenant-Governor in Council may, by regulation, (a) exempt persons and entities from a tourist accommodation tax imposed by a by-law referred to in subsection (1); (b) prescribe conditions and restrictions with respect to the imposition of a tourist accommodation tax; and (c) prescribe the methods of collection of a tourist accommodation tax. Division 6 Fee for service 130. A town council may charge a fee for the services provided by the town. Water and sewer fee 131. (1)
A town served by a water system, sewer system or a
water and sewer system shall impose upon the owner of real property a water and
sewer fee for services received or deemed to be received. (2) For the purposes of subsection (1), unless a town council, by by-law, provides otherwise, where a sewer or water main runs along the land of any person, that person is deemed to receive those services notwithstanding that the sewer or water mains are not physically connected by lateral lines to any residence, building or other structure located on the land of that person. Method of calculating water and sewer fees 132. (1) A water and sewer fee shall, for residential and commercial
buildings or property on which there is no building, be set as (a) a fixed amount; (b) a metered rate; or (c) an amount calculated in accordance with a method that (i) is established in a by-law, and (ii) determines usage by a means other than a meter. (2) A water and sewer
fee may differ in respect of residential and commercial buildings, and
different classes of residential buildings and commercial buildings. (3) A town council may
require that a water meter be installed on a building in the town or the town
may install a water meter on a building in the town, and the cost of that
installation shall be a cost of the owner of the building. (4) Where the water and
sewer fee 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 town council
may, for the purpose of imposing the water and sewer fee, estimate the quantity
of water used in that building until a meter is installed and working. (5) Where a town council
estimates the quantity of water used in a building under subsection (4) and the
person who is liable for the water and sewer fee calculated on that estimate is
of the opinion that the estimate is incorrect, the person may appeal to the
town for an adjustment of the estimate. (6) Notwithstanding that
a person appeals an estimate under subsection (5), the person shall pay the
water and sewer fee as calculated on the estimate of the quantity of water used
and where it is determined in the appeal that an adjustment of the payment of
the fee is required, the town council shall make the adjustment in accordance
with the appeal decision. (7) Notwithstanding
subsection (1), an amount or rate charged in relation to a building owned by
the Crown or an agency of the Crown including schools as defined in the Schools
Act, 1997 and public health care facilities owned and operated by the
Provincial Health Authority shall be the same amount or rate as charged to
similar buildings in the town. (8) Notwithstanding
section 131 and subsections (1) and (7), the minister may make regulations to
establish a water and sewer fee applicable to and a maximum allowable amount of
water and sewer fee payable by the owner of real property located inside or
outside a town that is connected to the water system or sewer system of that
town or to both where that real property is the location of a (a) school operated
under the Schools Act, 1997; (b) public health care
facility owned and operated by the Provincial Health Authority; or (c) building owned by
the Crown. (9) A water and sewer fee
imposed in accordance with subsection (8) shall be considered to have been
imposed, with the necessary changes, under section 131 and subsections (1) and
(7). Publication 133. (1) A town shall publish annually (a) a copy of a
resolution adopting its fee structure; and (b) a copy of the fee structure. (2) Subsection (1) does not apply to a resolution of the town council that settles the amount of fees owed by a person. (3) The liability of a person to pay a fee is not affected by the failure of a town to comply with subsection (1). Interest on arrears 134. A town council may charge simple or compound interest on
fees that are not paid on or before the date on which they become due, if,
before making that charge, the town council passes a resolution establishing (a) whether the interest
shall be simple or compound; (b) the rate of interest
to be charged; and (c) when the interest
shall be applied. Division 7 Local improvements 135. (1) A town council may undertake any local improvement it considers necessary for the benefit of all or part of the town and impose a local improvement fee against each parcel of land that will benefit from the local improvement. (2) A local improvement is a work that the town council considers to be of greater benefit to an area of the town than to the whole town and may include (a) a local capital project undertaken by a town; and (b) connections to real property for sewer, drainage and water mains provided by a town. Local improvement by-law 136. A town council may, by by-law, (a) authorize a local improvement; (b) identify which parcels of land will benefit from a local improvement; (c) specify how to determine (i) the total cost of a local improvement, including associated operating and maintenance costs, and (ii) the total cost or a proportion of that cost that is to be levied against each parcel of land that will benefit from the local improvement; (d) establish the local improvement fee to be charged against each parcel of land that will benefit from the local improvement; (e) levy the total cost or a proportion of the cost of a local improvement against the parcels of land that will benefit from the local improvement and provide the means for assessment, collection and payment of the cost; and (f) authorize carrying out the local improvement. Notice of local improvement 137. (1) A town clerk shall send to all affected property owners who will be liable to pay the cost of the proposed local improvement a written notice that includes (a) a summary of the details of the local improvement including the cost, as specified in the by-law under paragraph 136(c); and (b) the procedure to be followed to object to the local improvement. (2) A notice sent for the purposes of subsection (1) is deemed to have been received 10 days after the date on which it was sent. (3) An affected property owner who wishes to object to the local improvement may file a written objection with the town clerk within 30 days of deemed receipt of the notice sent under subsection (1). (4) At the end of the 30-day period referred to in subsection (3), the town clerk shall count any objections received. Public hearing 138. Where a town receives 2 or more objections to a proposed local improvement within the time period referred to in subsection 137(3), the town council shall set a time for a public hearing regarding the proposed local improvement and provide written notice to the affected property owners of the proposed local improvement in the manner determined by the town council. Decision of council 139. After a town council completes a public hearing required under section 138, the town council may (a) proceed with the local improvement as proposed or with modifications; or (b) rescind the by-law made under section 136 and not proceed with the proposed local improvement. Agricultural land 140. A town council may defer the payment of all or a portion of
the payment of a local improvement fee relating to land primarily used for
agriculture while that land continues to be used for that purpose. Equitable application 141. Where a town council undertakes a local improvement and imposes a local improvement fee, the town council shall, afterward, impose a local improvement fee on the real property similarly benefited by the local improvement. Local improvement fee 142. A local improvement fee imposed under this Part shall be
paid by the owner of real property at the time and in the manner set out in the
by-law made under section 136. Interest on arrears 143. A town council may charge simple or compound interest on
local improvement fees that are not paid on or before the date on which they
become due, if, before making that charge, the town council passes a resolution
establishing (a) whether the interest
shall be simple or compound; (b) the rate of interest
to be charged; and (c) when the interest
shall be applied. Division 8 Lien 144. (1)
Taxes fixed, established and imposed in respect of
real property, including (a) a real property tax;
and (b) a business tax,
where the owner of the business is also the owner of the real property occupied
by that business, together with interest owing on those
taxes, constitute a lien upon that real property
except where the real property is sold for tax arrears by the town council. (2) Water and sewer fees and local improvement
fees imposed in respect of real property together with interest owing on those
fees, constitute a lien upon that real property
except where the real property is sold for arrears of those fees by the town council.
(3) A lien under
subsection (1) or (2) attaches on the date on which the relevant tax or fee was
due to the town and continues for a period of 6 years after that attachment or
6 years after the last payment on account of the tax or fee or acknowledgement
of the tax or fee has been made or given to the town, whichever is later. (4) 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. (5) 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
earlier. (6) 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. (7) 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, 2009. Arrears certificate 145. (1)
A town clerk shall, on payment of a fee set by the
town council, give an arrears certificate to the owner or mortgagee of real
property or the owner's or mortgagee's solicitor certifying the amount of taxes,
water and sewer fees, local improvement fees and other charges imposed by the
town council on the real property. (2) An arrears certificate provided in accordance
with subsection (1) is binding upon the town as to
all taxes, water and sewer fees, local improvement fees and other charges then
imposed with respect to the real property. Notice of arrears 146. (1) Where a real property tax, a water and sewer fee or a local
improvement fee is in arrears for 18 months, the town clerk shall serve a
notice of arrears on the owner, mortgagee, judgment creditor, lienholder or
other person having a charge or encumbrance upon or against the real property
to which the real property taxes, water and sewer fees or local improvement
fees apply. (2) A notice referred to in subsection (1) shall be signed by the town clerk and shall contain the following information: (a) a general
description of the real property affected; (b) the amount of
arrears of taxes, water and sewer fees and local improvement fees owing in
respect of the real property; (c) the year in which
the arrears of taxes, water and sewer fees and local improvement fees were
imposed and the person in whose name the real property was then assessed; and (d) 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 90 days from the date of the notice. (3) Notwithstanding section 293, (a) where the address of
the person is not known and the real property affected by the notice is
occupied, the notice referred to in subsection (1) shall be served by leaving
the notice with the tenant or occupant of the real property; or (b) where any of the following apply, the notice shall be served by posting a copy of the notice in a conspicuous place on the real property: (i) the address of the
person is not known and the real property affected by the notice is not
occupied, (ii) the owner of the
real property is not known, or (iii) the town clerk has
not been able to obtain information respecting ownership or encumbrances of the
real property. Right of mortgagee, judgment creditor and lien holder 147. (1) A mortgagee, judgment creditor or other person having a
lien, charge or encumbrance upon or against real property liable to be sold for
arrears, or in respect of which taxes, water and sewer fees or local
improvement fees are due, may, after the lien for taxes, water and sewer fees
and local improvement fees has attached and before sale of the real property,
pay to the town clerk the amount of the taxes, water and sewer fees and local
improvement fees together with all interest and expenses incurred in respect of
the real property affected. (2) Where a person pays
taxes, water and sewer fees or local improvement fees and any interest and
expenses under subsection (1), (a) the person may add
the amount paid to the person's mortgage, judgment or other security,
notwithstanding a clause or condition to the contrary contained in the
security; (b) the person shall
have the same rights, remedies and privileges against the real property that
the person has under the security held by the person; and (c) the person may sue
for and recover in an action for debt the amount paid 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 a town that the mortgagee may pay money owing
to the town 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. Uncollectable debts 148. (1) A town council may, by a vote of 2/3 of the councillors in office, cancel or write off any arrears of taxes, fees, penalties or interest charges prescribed by by-law or specified in a resolution that, in the opinion of the town council, are no longer collectable from the person that is liable to pay them. (2) Where a town council cancels or writes off taxes, fees, penalties or interest charges under subsection (1), the amounts owing in relation to the taxes, fees, penalties or interest charges cease to be amounts owing to the town. Notice of taxes and fees status 149. A town clerk shall, in writing, not more than 40 days and
not less than 30 days before the end of a financial year, advise each
councillor of the status of any taxes and fees that the councillor owes to the
town. Division 9 Arrears sale 150. A town council shall, by resolution, direct that real property be sold by arrears sale upon confirmation by the town clerk that a notice of arrears for the real property was served in accordance with section 146 and the time period referred to in paragraph 146(2)(d) has expired. Notice of arrears sale 151. (1) The town clerk shall immediately upon receipt of a copy of
the resolution referred to in section 150 serve an owner, mortgagee, judgment
creditor, lienholder or other person having a charge or encumbrance upon or
against the real property with written notice of the arrears sale. (2) A person who receives a notice under subsection (1) may, within 14 days of service of the notice, file an appeal with the town. (3) Where an appeal has not been filed under
subsection (2), the town clerk may 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. (4) Where an appeal has been filed under
subsection (2), the town clerk shall not advertise
the real property referred to in the resolution for sale by public auction
until a decision has been made with respect to the appeal. (5) An advertisement
under this section shall be published in accordance with section 292 at least
30 days immediately before the date of the arrears sale. (6) It is sufficient in
the notice and the advertisement to put the street and number of the real
property, 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 town clerk's office. Arrears sale by public auction 152. (1) At the time and place referred to in the advertisement of
an arrears sale the town clerk shall proceed to sell at the public auction the
real property or portions of the real property that the town clerk determines are
sufficient to pay the taxes, water and sewer fees, local improvement fees, interest
and expenses, unless the arrears of taxes, water and sewer fees, local
improvement fees and interest and the expenses incidental to those proceedings
and the arrears sale are then, or have been previously, paid. (2) Where the real
property referred to in the advertisement of the arrears sale is only a portion
of real property for which taxes, water and sewer fees or local improvement
fees are owed and the portion does not sell for a sufficient amount to satisfy
the taxes, water and sewer fees and local improvement fees, interest and
expenses due with respect to the real property of which it forms a part, the town
clerk may immediately, and without further notice, sell the whole or a portion
of the remainder of the real property to satisfy the taxes, water and sewer
fees and local improvement fees, interest and expenses. (3) The town, by a town employee
or agent, may bid for and purchase real property being sold to satisfy taxes, water
and sewer fees, local improvement fees, interest and other expenses due. Further notice of arrears sale 153. (1) Where, at the time set for an arrears sale, there
are no bidders or the town clerk fails to sell the real property for the full
amount of the arrears of taxes, water and sewer fees, local improvement fees, interest
and expenses due, the town clerk shall (a) adjourn the arrears
sale until a date set by the town clerk that is not earlier than one week and
not later than 2 weeks after the date on which the original arrears sale was
scheduled; (b) serve notice of the
date of the arrears sale set under paragraph (a) on a person entitled to notice
under subsection 151(1); (c) publish a notice in accordance with section 292
that states that the arrears sale was adjourned and the
time and place to which the arrears sale is adjourned; and (d) attempt to sell the
real property at public auction. (2) The town clerk may
sell the real property at the public auction for an amount that can be
realized. Arrears sale set aside 154. Where an arrears sale is set aside for an error,
irregularity or other cause, the lien on the real property shall not, as a
result of the error, irregularity or other cause be discharged but shall
continue for the same time as if the date of the setting aside was the date on
which the arrears sale took place and the real property may again be sold
unless the taxes, water and sewer fees, local improvement fees, interest and
expenses against it are paid. Proceeds of arrears sale 155. (1) The town clerk shall, from money received at an arrears
sale, deduct the amount of taxes, water and sewer fees, local improvement fees,
interest and expenses owing to the town, at the time of the arrears sale. (2) Where there is a
balance remaining after making the deductions under subsection (1), the town
shall (a) where the balance is
less than $200, pay the balance to the former property owner; or (b) where the balance is
$200 or more, pay the balance to the former property owner unless an
application is made to the Supreme Court within 90 days of the auction by a
person claiming entitlement to the balance and if an application is made, pay
the balance to the Supreme Court. (3) Where paragraph (2)(b)
applies, the town shall immediately serve written notice on a person entitled
to notice under subsection 151(1), setting out the amount of the balance and the
requirement to apply to the Supreme Court within 90 days of the auction to
claim entitlement to the balance or a portion of the balance. (4) Where the former
owner of the real property is unknown or cannot be located and there is a
balance remaining after making the deductions under subsection (1), the town
shall pay the balance to the Supreme Court. (5) Payment of the
balance to the Supreme Court under subsection (2) or (4) shall have the same
effect as payment to the owner, and a judge of the Supreme Court, on the
application of an interested person, may order the payment out of Supreme Court
of the balance or a portion of the balance to the person entitled to it. Failure to pay 156. Where the purchaser of real property at an arrears sale
fails to immediately, (a) pay the town clerk
or the town's agent the amount of the purchase price of the real property; or (b) deposit with the town
clerk an amount equal to the amount of the taxes, water and sewer fees, local
improvement fees, interest and expenses of the arrears sale for which the real
property has been sold, the town clerk shall immediately
re-offer the real property for sale at the public auction. Future assessments 157. (1) Where real property has been sold by arrears sale, the real
property shall be assessed to the purchaser or the purchaser's executors,
administrators or assigns. (2) Where the town is
the purchaser, the real property shall be assessed to the town. Vesting of real property following arrears sale 158. (1)
Where real property has been sold by arrears sale,
the town council shall give to the purchaser a valid conveyance in the name of
the town signed by the mayor and the town clerk or a person appointed by the town
council and sealed by the town. (2) The conveyance
referred to in subsection (1) shall (a) be conclusive
evidence that the provisions of this Act with reference to the arrears 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 (b) have the effect of
vesting the real property in the purchaser, the purchaser's executors,
administrators or assigns absolutely free from encumbrances except a claim of
the Crown and an easement. Division 10 Seizure of rent 159. (1) In addition to all other powers of enforcing payment of
taxes, water and sewer fees and local improvement fees that a town possesses, a
town council may seize all or a portion of the rent payable by tenants of real
property that is subject to a real property tax, business tax, water and sewer
fee or local improvement fee that may be needed to discharge the liability of
the owners of that real property for the tax, water and sewer fee or local
improvement fee due by the owners to the town whether or not those taxes or
fees are in respect of the real property occupied by the tenants. (2) The town clerk shall
serve, on a tenant referred to in subsection (1), a written notice signed by
the town clerk requiring the tenant to pay the rent to the town instead of to
the tenant's landlord. (3) The town 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 the tenant receives the notice under subsection (2),
until the town clerk cancels the notice in writing, pay the rent to the town,
or the portion of rent as the town clerk specifies in the notice, and a receipt
signed by the town clerk is, to the extent of the payment, a discharge to the
tenant as against a claim by the tenant's landlord for rent. (5) The town clerk shall
deliver or mail to the landlord a duplicate copy of a receipt given to a tenant
under subsection (4). (6) The town clerk shall
credit against the indebtedness of the landlord to the town, payments made by
tenants under subsection (4), and the town council is not obliged to release
the tenant from liability to continue making payments to the town under that
subsection, until the landlord's liability has been completely discharged. (7) Where a tenant fails to comply with subsection (4), the town may disconnect the service of a water system, sewer system or water and sewer system provided to the property. Disconnection of service 160. (1) Where a tax, fee, assessment, fine or other charge
imposed by a town is in arrears, a town council may, in addition to other
remedies that a town has to enforce payment, disconnect the service of a water
system, sewer system or water and sewer system provided to the person who owes
the tax, fee, assessment, fine or charge to the town. (2) Before disconnecting services under subsection (1), a town shall give the owner of the real property 30 days written notice of the town council's intention to disconnect the services. (3) Where it is
necessary for the purpose of subsection (1), an employee or agent of a town 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 161. All taxes and fees imposed under this Part, together with
interest owing on the taxes and fees and reasonable costs of collection for the
taxes and fees may, in addition to all other lawful methods of civil debt
collection, be sued for and collected by an action in the name of the town as a
civil debt due to the town. PART VIII Mandatory services 162. A town shall provide the following services: (a) waste collection and removal; (b) fire protection; (c) maintenance of local roadways; and (d) snow clearing of local roadways. Fire department 163. A town council may (a) establish, operate
and maintain a fire department composed entirely or partly of volunteer members
or of paid employees; and (b) 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 town council, either inside or outside the town's boundaries. Fire spread prevention 164. (1) A
fire chief or the officer in charge may attach and
fix to a private or public building or structure, in a manner satisfactory to
the fire chief, fire alarms, wires and fastenings that the fire chief considers necessary for
carrying on the work of the fire department or staying the progress of or
preventing a fire. (2) A fire chief or the
officer in charge at a fire may, where the fire chief or officer in charge 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 165. (1)
A fire chief and other 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) A fire chief or the
officer in charge at a fire or other emergency may close all highways in the
vicinity of a fire or other emergency. Power to enter building 166. (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 a fire chief or other member of a fire department, or the town,
with respect to damage necessarily occasioned to the buildings or structure as
a result of an action under subsection (1). Other fire department 167. A
fire chief or other members of a fire department of
another town or a local service district fire department, or a person that
gives aid to a fire department in fighting a fire or responding to other
emergencies are considered to be members of that fire department while they are
giving that aid. Prohibition 168. (1) A person shall not obstruct a fire chief or member of a
fire department in the discharge of the fire chief's or member's duties or
wilfully delay the passage of an engine, apparatus or appliance used by the
fire chief 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. Minimum standards 169. The minister may, by regulation, prescribe minimum standards for services provided by a town. Providing services outside town 170. (1) A town may provide any service that it provides in the town to (a) another town, a city or a local service district with the agreement of that other town, city or local service district; and (b) individual properties in an unincorporated area with the agreement of the property owner or occupant. (2) Where a town provides services under subsection (1), the services shall be provided on a fee-for-service basis. Acquisition of water and sewer systems 171. (1) A town may acquire and take possession of water and sewer
systems and related infrastructure that were constructed by a person, upon the terms
of compensation that have been agreed upon by (a) the person having an
interest or right as owner or otherwise in the water and sewer system and
related infrastructure; and (b) the town council. (2) Where an agreement
cannot be made under subsection (1), the compensation shall be determined and
paid in accordance with Part IX of the Urban
and Rural Planning Act, 2000. General right of entry 172. (1) Employees or agents of a town authorized by the town
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, sewer system, storm
drainage system or other public works that the town council is empowered to
undertake or to control in the town. (2) Employees or agents
of a town 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 public works that the town council
is empowered to undertake or control in the town. Town council to give notice 173. Before engaging in an activity authorized under section 171
or 172 on private property a town council shall give the owner of the property
reasonable notice that it intends to engage in that activity. Compensation for injurious affection 174. (1)
A town shall compensate a person injuriously affected
by a public work or structure or anything done under sections 171 and 172 in an
amount that may be agreed. (2) Where an agreement
cannot be made under subsection (1), the compensation shall be determined and
paid in accordance with Part IX of the Urban and Rural Planning Act, 2000
as if the injurious affection had been caused by expropriation. Ownership of highways 175. (1) The ownership of all highways, sidewalks and bridges in the
town, except highways vested in the Crown under section 5 of the Works,
Services and Transportation Act, are vested in the town. (2) Where a town 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 176. A privately constructed road that is to be used by the public may be acquired by a town as a highway, without compensation, where the town council is of the opinion that (a) the road is of a standard satisfactory to the town council; and (b) the acquisition of the road is necessary for public use. Recreational facilities 177. A town may acquire or establish parks, stadiums and other
recreational facilities within the town, and, subject to the approval of the
minister, outside the town. Names and numbering 178. (1) A town council may name and mark all highways within the
town and may require the owners of all buildings on the highways to number
those buildings. (2) A town council may
establish an appropriate form and size for the numbering under subsection (1). Municipal service delivery corporation 179. (1) A town, city, local service district and an unincorporated
area, or a combination of 2 or more of those entities, may incorporate a
corporation under the Corporations Act for the purpose of delivering water
and sewer services or one or more services in this Part. (2) Notwithstanding subsection (1), a town shall not establish a corporation that operates for
the purpose of making a profit or acquire or hold securities of a corporation
that operates for that purpose. PART IX Building prohibition 180. (1) Except in accordance with a written permit issued by a town council, a person shall not do one or more of the following within the town: (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 (i) a newly constructed
building, or (ii) a building that has
been vacant for a period of 6 months or more. (2) A person aggrieved
by a town council's refusal to issue a permit required under subsection (1)
may, within 14 days from the date of the decision, appeal the decision to an
adjudicator appointed under the Urban and Rural Planning Act, 2000 and
the adjudicator may make an order with respect to the matter. Water and sewer prohibition 181. (1) Except in accordance with a written permit issued by a town council, a person shall not do one or both of the following within the town: (a) construct a privy or
sewer system, septic tank, or sewer; or (b) make or use a new
water supply or system. (2) A town 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. Storm drainage 182. (1) Except in accordance with a written permit issued by a town council, a person shall not do one or more of the following within the town: (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. (2) A town council shall
not approve a permit under subsection (1) without the prior written approval of
the Department of Environment and Climate Change. Signs 183. A person shall not erect a sign in a town except in
accordance with the terms of a written permit issued by the town council. Private roads 184. A person shall not open or make a new highway designed for
public use through privately owned land in a town except (a) with the prior
written approval of the town council; and (b) in accordance with
conditions and specifications imposed by the town council in its approval. Removal of projections 185. (1) A person shall not construct or place steps, a fence,
building, erection or other projection on, into or over land reserved for a
highway or sidewalk. (2) The owner of a
projection described in subsection (1) that has been placed on, into or over a
reservation after it has been designated by a town council, without the written
approval of the town council, shall pay the cost of that removal. (3) Where a projection
described in subsection (1) has been placed on, into or over a reservation
before it has been designated or approved by a town council, the town council
shall pay the cost of removal and shall compensate the owner in an amount to be
agreed for the loss of the owner's property, or where an agreement cannot be
reached, in an amount determined as if it were an expropriation under Part IX
of the Urban and Rural Planning Act, 2000. Construction 186. A person shall not break up the surface of a 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 town council in its approval. Parking lots 187. A person shall not operate or construct a parking lot
within a town except in accordance with a written permit from the town council. Heritage buildings, structures and lands 188. (1)
A building, structure or land designated by a town
council as a heritage building, structure or land, shall not be (a) demolished; or (b) built upon. (2) Where a building or structure has been
designated by a town council as a heritage building or structure, the exterior of the building or structure shall not be altered,
except under a written permit of a town council specifically authorizing the
alteration and in accordance with the terms and conditions of the permit. (3) A town council may
establish a heritage advisory committee to advise the town council on by-laws
made with respect to heritage buildings, structures and lands and the
preservation of the real property designated under that by-law. Sale of property valued at less than $500 189. Where the estimated fair market value of real or personal
property held by a town is less than $500, the town council may, by resolution,
sell the real or personal property by private sale. Sale or lease of property valued at $500 or more 190. (1) Where the estimated fair market value of real or personal
property held by a town is $500 or more, the town council may, by resolution,
sell or lease the real or personal property in accordance with this section. (2) A town council shall
publish in accordance with section 292 notice of the town council's intention
to sell or lease real or personal property. (3) A town council shall
only accept an offer to sell or lease real or personal property if that offer
is the highest offer for the real or personal property. (4) Notwithstanding
subsection (3), a town council shall not accept an offer to sell or lease real
or personal property that is less than the estimated fair market value. (5) Notwithstanding
subsections (3) and (4), a town council may, by a vote of 2/3 of the
councillors in office, accept an offer to sell or lease real property at less
than the estimated fair market value, or accept an offer to sell or lease real
property that is not the highest offer, where the purpose of the sale or lease
is economic, social or environmental well-being. (6) Notwithstanding
subsection (5), a council may, by a vote of 2/3 of the councillors in office,
accept an offer to sell real property at less than the estimated fair market
value where the sale is to the owner of adjacent real property and the real
property is of minimal value to another person. Disposition of property valued at $500 or more 191. (1) Where the estimated fair market value of real or personal
property is $500 or more, a town council may, by a vote of 2/3 of the
councillors in office, accept an offer to dispose of the real or personal
property at less than the estimated fair market value, or accept an offer to
dispose of the real or personal property that is not the highest offer, where the
purpose of the disposition is economic, social or environmental well-being. (2) A town council shall
publish in accordance with section 292 notice of the town council's intention
to dispose of real or personal property under subsection (1). (3) In this section,
"dispose" does not include sell or lease.
192. Nothing in section 189, 190 or 191 relieves a town council
from complying with section 95 of the Urban and Rural Planning Act, 2000. Adverse possession abolished 193. Notwithstanding a law or practice to the contrary, any
period that a person possesses land that is owned by a town does not count for
the purpose of conferring upon the person an interest in the lands so
possessed. Business improvement areas 194. (1) In this section (a) "board"
means a board of management of a designated business improvement area
established by a town council under this section; and (b) "business
improvement area" means a commercial area of a town which, in the opinion
of a town council and in the interest of the town requires improvement,
beautification or maintenance and which has been designated as such under this
section. (2) A town council may
make by-laws (a) to declare and
designate business improvement areas within a town; (b) respecting the
enhancement and improvement of a business improvement area; (c) respecting special
projects, activities or events to improve a business improvement area; (d) respecting the
powers, duties, election, appointment 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) Before designating a
business improvement area, a town council shall give written notice of the
intended by-laws 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 town. (4) A town council shall
not designate a business improvement area where, within 30 days of giving
written notice, 1/2 of those entitled to notice under subsection (3) and
representing 1/2 of the assessed business tax in the proposed business
improvement area give written notice to the town clerk of the objections to the
designation of a business improvement area. (5) Where a town 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 town council may,
by by-law, 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); or (b) where a board has
not functioned for a period of one or more years. Economic development 195. (1) A town council may facilitate economic development in any
manner it considers appropriate, including (a) the continuance or establishment of an economic development corporation; (b) the expansion or
continuation of a business or industry located within its territorial limits; (c) the sale or lease
of land within its territorial limits at a price below market value; or (2) Notwithstanding subsection (1), a town shall not do any of the following for the purpose of
facilitating economic development: (a) acquire or hold
securities; (b) operate for profit; or (c) provide loans or
guarantees. (3) For the purposes of this section, a town
council may enter into an agreement with another town,
a city, local service district, agency, person or the government of the province. State of emergency 196. (1) Where, in the opinion of a town council or mayor, an
emergency exists, the town council or mayor may declare a state of emergency in
the town or part of the town. (2) Where a state of emergency is declared under subsection (1), the town council or mayor (a) shall activate its emergency management plan in accordance with the Emergency Services Act; and (b) may order one or more of the following: (i) the closure of
businesses and schools or a class of businesses and schools in the town, (ii) the restriction of the hours of operation of businesses and schools or a class of
businesses and schools, in the town, (iii) the banning or controlling of public gatherings, (iv) the restriction or
prohibition of the use of vehicles or a class of vehicles on local roadways, (v) 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 certain hours, whether alone or in the
company of a parent, guardian or other adult, (vi) the evacuation of buildings or areas of the town, (vii) curfews or shelter-in-place orders for persons or classes of persons, (viii) the temporary suspension or amendment of town by-laws, (ix) the restriction or
prohibition of the use of water in the town, and (x) a temporary prohibition, restriction or limitation of any activity under the jurisdiction of a town. (3) An order under subsection (2) shall be published in accordance with section 292. (4) Where the town council or mayor determines it necessary, the town council or mayor may, in accordance with section 293, serve a person with an order under subsection (2). (5) A person shall comply with an order under subsection (2) at the person's own expense. (6) An order under subsection (2) shall not conflict with an order of the Chief Medical Officer of Health under the Public Health Protection and Promotion Act. (7) An order made under
this section continues in force until revoked by the town council. (8) A town council may,
in an order made under subsection (2), specify a time within which there shall
be compliance with the order. (9) Where a person does
not comply with the order or a part of an order made under subsection (2), the
town 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 town in
carrying out the terms of the order are recoverable from the person as a debt
owed to the town. (10) A town council may delegate
to an employee of the town the power to issue orders under this section. PART X Appointment of comptroller 197. (1) The minister may (a) appoint a comptroller of a town where one or more of the following apply: (i) the town 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 town by the Crown or guaranteed by the
Crown, (ii) the minister is of the
opinion that the town is in serious financial difficulty, or (iii) the minister is of the opinion that the town is in default under a contract; and (b) specify the duties of a comptroller. (2) Where a comptroller is appointed for a town,
the minister may determine the
remuneration and expenses of the comptroller and the remuneration and expenses
shall be paid from the funds of the town. Expenditures where comptroller 198. Where a comptroller has been appointed under section 197, (a) the comptroller
shall countersign all cheques issued by the town; and (b) the town council, or
a person acting for the town council, shall not, without the prior written
approval of the comptroller, (i) spend money, (ii) incur an
expenditure, or (iii) enter into an
agreement that may commit the town to an expenditure of money. Ministerial direction 199. The
minister may, upon the recommendation of the comptroller, give written
direction to a town council to issue one or more cheques
for payments listed in the written direction. Appointment of administrator 200. (1) The minister may appoint an administrator of a town where the minister is of the opinion that (a) the town is in
serious financial difficulty; (b) the town council is unable to function or act as a town council; or (c) it is in the best
interests of the town and its residents that its affairs be conducted by an administrator. (2) Where an administrator is appointed for a
town, the minister may determine the remuneration and expenses of the
administrator and the remuneration and expenses shall be paid from the funds of
the town. Dismissal of council 201. Upon the appointment of an administrator,
the seats of the councillors of the town council for which the administrator
was appointed are vacated and the town council may no longer act for or on
behalf of the town or exercise the functions, powers or authority vested in the
town council. Powers of administrator 202. (1) An administrator (a) may exercise the
powers and authority of the town council; and (b) is subject to the
restrictions and responsibilities of the town council. (2) An administrator may
dismiss the officers, employees and volunteers of the town. Duty to administrator 203. (1) The officers, employees and volunteers of a town shall provide
to the administrator at the administrator's 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 town that
they have in their possession or under their control. (2) An officer, employee
and volunteer shall immediately comply with a request of an administrator under
subsection (1). Budget 204. (1) An administrator shall submit a budget to the minister, in a
form set by the minister, within 3 months of the administrator's appointment. (2) The minister may
approve or amend the budget submitted under subsection (1). (3) An administrator
shall only make expenditures within the budget approved by the minister. Employees and officers 205. An administrator shall (a) appoint all officers
and hire all employees necessary for the requirements of the town; and (b) determine the amount
of the salary to be paid to each officer and employee. Realization of assets 206. (1) For the purpose of realizing upon the liquid assets of a
town that exist at the time an administrator is appointed, including arrears of
taxes, the administrator has the powers of the town council and shall use
lawful means to realize upon the liquid assets. (2) Money received from
the realization upon the liquid assets shall, in the manner and to the extent
that the minister may determine, be used for the payment of the liabilities of
the town at the time the administrator is appointed. (3) The minister may
decide the rates of taxation for a town for which an administrator has been
appointed. Books of account and records 207. (1) An administrator shall keep correct and complete books of
account relating to the affairs of a town showing the financial condition of
the town. (2) The minister, or a
person authorized by the minister, may examine and inspect the books of
account. (3) The books of account
shall be audited as required under sections 93 to 97. (4) An administrator
shall keep a correct record of all the proceedings taken by the administrator
relating to the affairs of the town. (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 town for the
preceding month. Status of by-laws and policies 208. All by-laws and policies in force in a town immediately
before the appointment of an administrator remain in force until amended or
revoked by the administrator with the approval of the minister. Restoration of status 209. (1) Where the minister is satisfied that it is appropriate for
the affairs of a town to be again conducted by a town council, the minister may
order a special election of a new town council under the Municipal Elections Act. (2) Where a new town council
is elected in accordance with subsection (1), the appointment of the administrator
is revoked and the administrator shall provide the records of the town to the town
clerk or, in the town clerk's absence, to the town council. (3) Where a new town
council is not elected or cannot be elected in accordance with subsection (1),
the administrator may recommend to the minister that the town be amalgamated
with another town, a local service district or a city or annexed to another
town, a local service district or a city. Receivership 210. (1) Where the Lieutenant-Governor in Council has reason to believe that a town is insolvent, or is in imminent danger of insolvency and that it is in the best interest of the town and its creditors that the town be disincorporated and its affairs wound up, or that the town should not continue in existence, the Lieutenant-Governor in Council may, by order, disincorporate the town and appoint a receiver. (2) A receiver is
subject to the direction of the minister in all things concerning the
performance of the receiver's duties. (3) Where a receiver is appointed for a town, the
minister may determine the remuneration and expenses of the receiver and the
remuneration and expenses shall be paid from the funds of the town. Effect of order 211. Upon the effective date of an order made under section 210,
(a) the town is disincorporated
and no longer exists; (b) the town council or
the administrator and all officers and employees of the town are dismissed and
are no longer qualified to act for or on behalf of the town or to exercise the
functions, powers, and authority vested in the town council, or the
administrator, and the officers and employees; and (c) all volunteers are dismissed. Duty to receiver 212. (1) The former officers, employees and volunteers of a town or the
former administrator shall provide to the receiver, at the receiver's 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 town that they have in their possession or under their control. (2) An officer,
employee, volunteer or administrator shall immediately comply with a request
under subsection (1). Powers of receiver 213. Upon the appointment of a receiver, the receiver shall (a) realize upon the liquid assets of a town that exist at the time the receiver is appointed, including arrears of taxes; and (b) with the approval of
the minister and in the manner set by the minister, sell or otherwise dispose
of the property of the town and execute in the name of and on behalf of the
town all deeds, conveyances, transfers, assignments, receipts and other
documents, and for that purpose, use, where necessary, the corporate seal of
the town. Books of account and records 214. (1) A receiver shall keep correct and complete books of account
relating to the affairs of the town showing the true financial condition of the
town. (2) The minister, or a
person authorized by the minister, may inspect the books of account. (3) The books of account shall be audited as required under sections 93 to 97. (4) A receiver shall keep a correct record of all
the proceedings taken by the receiver relating to the
affairs of the town and shall give the minister a full statement upon
completion of the receiver's duties. Application of money 215. (1)
Money realized by a receiver shall be applied by the
receiver in payment of the liabilities of the town as far as circumstances
permit after paying the costs and expenses incidental to the receivership or
the disincorporation, including the remuneration of the receiver, in the
following order of priority: (a) payment of salaries
to officers and employees of the town up to the time of the disincorporation of
the town; (b) payment of amounts
owing to the province by the town; and (c) payment of the other
just debts of the town rateably and without preference or priority. (2) A surplus remaining
after the payment of the liabilities of a town shall be paid into the
Consolidated Revenue Fund by the receiver. PART XI Definitions 216. In this Part (a) "chairperson" means the chairperson of a committee; (b) "committee" means a local service district committee continued or elected or
appointed in accordance with this Part; (c) "fire department" means a local service district fire department established or
continued under this Part; (d) "garbage" means discarded material of all kinds including solid waste, machinery,
appliances, vehicles and all other articles which are apparently abandoned or
are of unsightly appearance; (e) "member" means a member of a committee; (f) "resident" means a person who (i) is 18 years of age or older, and (ii) lives in the local service district on a full-time basis; and (g) "seasonal resident" means a person who (i) is 18
years of age or older, and (ii) lives
in the local service district on a part-time basis. Existing local service districts 217. A local service district established or continued under the
former Act is continued as a local service district under this Act. Local service district 218. (1) The minister may, by order, (a) incorporate an unincorporated area in the province as a local service district; (b) establish and alter the
boundaries of local service districts; (c) amalgamate 2 or more
local service districts; (d) annex one or more
unincorporated areas to a local service district; and (e) disestablish a local service district; (2) Before making an order under subsection (1), the minister may require that an assessment be completed in accordance with the regulations. (3) The minister may make regulations prescribing the process for determining whether residents wish to seek an order under paragraph (1)(a), (b), (c), (d) or (e). (4) Where a local
service district is disestablished, the minister may appoint a receiver and section
256 applies. Corporation 219. (1) A local service district is a corporation and shall not operate for profit. (2) The powers of a local service district are vested in and shall be exercised by its local service district committee. Status of local service district 220. A local service district is not a town for the purpose of
this Act or another Act. Publication of order 221. In addition to the requirements for publication in the Gazette
under the Statutes and Subordinate Legislation Act, an order made
under section 218 shall be published in accordance with section 292. Local service district committee 222. (1) Within 60 days of an order under paragraph 218(1)(a) the minister shall, by order, (a) establish a committee to be elected for the incorporated local service district; (b) convene a meeting of the residents to elect a committee, and (c) appoint a person to conduct the meeting referred to in paragraph (b). (2) The minister shall publish a notice of the meeting in accordance with section 292 at least 7 days before the date of the meeting. (3) A quorum for a meeting held under subsection (1) is 10% of the residents. (4) The number of members shall not exceed the maximum number of members referred to in subsection 225(1). (5) Where the residents fail to elect members of the committee as required under subsection (1), the minister shall appoint members to represent the residents. (6) A member of a committee elected under subsection (1) or appointed under subsection (5) holds office until the next general election. (7) A committee established under the former Act is continued under this Act. (8) A committee shall control and manage the local service district in accordance with this Part and the regulations. (9) The minister may make regulations respecting (a) the operations and proceedings of a committee; and (b) the remuneration of the members. General elections 223. (1) An election of members shall take place every 4 years on the date that the general election under section 5 of the Municipal Elections Act is held. (2) Only residents of a local service district may vote in an election of members. (3) Notwithstanding
subsection (2), a seasonal resident is eligible to vote in an election in a
local service district where, immediately before the coming into force of this
Act, (a) the local
service district was one in which 75% or more of the persons residing in the
local service district were seasonal residents; and (b) seasonal residents were eligible to vote in an election in that local service district. By-election 224. (1) Where
a vacancy occurs on a committee more than 12 months
before the expiration of the term of a member, the committee shall call a by-election
for the purpose of electing a member to fill the vacancy for the unexpired term
of the member being replaced. (2) A by-election held
under subsection (1) shall take place within 3 months of the vacancy. (3) Where a member is not elected in accordance with subsection (1) and the minister does not appoint a member in accordance with section 227, the committee shall call another by-election to fill the vacancy within 3 months of the by-election referred to in subsection (1). (4) A by-election referred to in this section shall be held at a special meeting referred to in section 239. (5) A committee may,
with the approval of the minister, defer or dispense with a by-election under
this section. Composition of committee 225. (1) A committee shall consist of 5 or 7 members. (2) The determination of whether a committee consists of 5 or 7 members shall be made at the meeting at which the general election is held. (3) Notwithstanding subsection (1), a committee may, with the approval of the minister, consist of more than 7 members. Qualification of members 226. (1)
A person is qualified to be elected as a member where the person (a) is a resident of the
local service district; (b) is not in arrears of
fees imposed by the committee for a prior financial year; and (c) does not hold an
office for which a salary or remuneration is payable out of the funds of the
local service district. (2) Notwithstanding
paragraph (1)(a), a seasonal resident is eligible to be elected as a member of
a committee in a local service district where, immediately before the coming
into force of this Act, (a) the local
service district was one in which 75% or more of the persons residing in the
local service district were seasonal residents; and (b) seasonal residents were eligible to be elected as members of the committee. Appointment of members 227. (1) Where in an election or by-election held in accordance with
this Part (a) a candidate is not nominated; (b) fewer candidates are
nominated than there are members to be elected; or (c) for another reason,
the number of members elected is less than that provided for in the election or
by-election, the minister may
appoint as many members as necessary so that the number of members equals the
number of members required under section 225. (2) A member appointed
under subsection (1) holds office for the same term as the member would have
served had the member been elected as a member in a general election or by-election. Composition of committee after amalgamation 228. (1) Within 60 days of an order under paragraph 218(1)(c) the minister shall, by order, (a) disestablish the committees of the local service districts that were amalgamated; (b) establish a committee to be elected for the amalgamated local service district; (c) convene a meeting of the residents to elect a committee, and (d) appoint a person to conduct the meeting referred to in paragraph (c). (2) The minister shall publish a notice of the meeting in accordance with section 292 at least 7 days before the date of the meeting. (3) A quorum for a meeting held under subsection (1) is 10% of the residents. (4) Where the residents fail to elect members of the committee as required under subsection (1), the minister shall appoint members to represent the residents. (5) A member of a committee elected under subsection (1) or appointed under subsection (4) holds office until the next general election. Composition of committee after alteration or annexation 229. (1) Within 60 days of an order under paragraph 218(1)(b) or (d), the minister may, by order, (a) increase or decrease the number of members; (b) convene a meeting of the residents to elect a committee or a member of a committee; and (c) appoint a person to conduct the meeting referred to in paragraph (b). (2) Notwithstanding subsection (1), the number of members shall not exceed the maximum number of members referred to in subsection 225(1). (3) Where the minister increases the number of members under paragraph (1)(a), the minister shall convene a meeting of the residents to elect the members. (4) A quorum for a meeting held under paragraph (1)(b) is 10% of the residents. (5) Where the residents fail to elect members of the committee as required under paragraph (1)(b), the minister shall appoint members to represent the residents. (6) A member of a committee elected under paragraph (1)(b) or appointed under subsection (5) holds office until the next general election. Term of office 230. A member elected or appointed in accordance with this Part
remains in office until the next general election, unless the member dies or
the member's office becomes vacant under subsection 231(1). Vacancy of office 231. (1)
The office of a member becomes vacant where (a) the member resigns
in writing to the committee; (b) the member is a
member of a committee that is dismissed under the Municipal Affairs Act or
the member is dismissed as a member of a committee under the Municipal Affairs Act; (c) an administrator is appointed under section 255; or (d) the committee
declares the office vacant in accordance with subsection (2). (2) The committee shall,
by resolution, declare the office of a member vacant where the member (a) ceases to be a resident
of the local service district; (b) has been absent from
the local service district for more than one year; (c) becomes indebted to
the local service district for arrears of fees imposed or assumed by the local
service district in accordance with this Act for a prior financial year; (d) without the leave of
the committee (i) neglects to be sworn
into office within 30 days after the member's election, or (ii) does not attend 2
successive meetings of the committee; or (e) accepts, without the
prior approval of the minister, an office or employment with the local service
district for which the salary or remuneration is payable out of the funds of
the local service district. (3) The office of a member is considered vacant on the date (a) specified in the
resignation where the member resigns or if a date is not specified in the
resignation, the date the member submits the resignation to the committee; (b) the committee or the member is dismissed under paragraphs (1)(b) or (c); or (c) the committee
declares the office vacant in accordance with subsection (2). (4) Where the office of
chairperson becomes vacant, the vice-chairperson shall act as the chairperson
until the committee elects the chairperson or another member to be
vice-chairperson. First meeting 232. Except as may otherwise be approved by the minister, a
committee shall (a) hold its first
meeting within 60 days of its election or appointment in accordance with this
Part; and (b) elect a member to be
the chairperson and another to be the vice-chairperson at the first meeting. Meetings required 233. (1) A committee shall meet at least once every 3 months to
transact any business that is considered necessary. (2) Every meeting held
under subsection (1) shall be open to the public. Closed meetings 234. (1) Notwithstanding
subsection 233(2), a committee meeting may be closed
to the public where it is necessary to discuss (a) information of which
the confidentiality is protected by law;
(b) personal information
that is protected under the Access to
Information and Protection of Privacy Act, 2015; (c) information that
could cause financial loss or gain to a person or the local service district,
or could jeopardize negotiations leading to an agreement or contract; (d) information that
could violate the confidentiality of information obtained from the Government
of Canada or from the government of a province or territory; (e) information concerning legal opinions or advice provided to the committee by its lawyer or privileged communications between lawyer and client in a matter of local service district business; (f) litigation or
potential litigation affecting the local service district; (g) the access to or security of buildings and other structures occupied or used by the local service district or access to or security of systems of the local service district, including computer or communication systems; (h) information gathered
by the Royal Newfoundland Constabulary and the Royal Canadian Mounted Police,
in the course of investigating any illegal activity or suspected illegal
activity, or the source of that information; and (i) labour and employment matters. (2) Where a meeting is a
closed meeting, (a) members of the
public shall not be present; (b) a resolution shall not be adopted other than a resolution (i) giving instructions to the lawyer for the local service district, (ii) giving instructions to any person negotiating a contract on behalf of the local service district, (iii) giving directions to employees on matters referred to in subsection (1), (iv) adjourning the closed meeting, or (v) opening the meeting to the public; (c) a record shall be
made containing only the following information: (i) the type of matter
under subsection (1) that was discussed during the meeting, and (ii) the date of the
meeting; and (d) all decisions made during the meeting shall be documented. (3) Where a matter
referred to in subsection (1) is discussed by a committee at a closed meeting, a
vote in relation to those matters shall be taken at a public meeting. Presiding officer 235. The presiding officer at all committee meetings shall be
the chairperson or, in the absence of the chairperson, the vice-chairperson or,
in the absence of both of them, a member designated by the committee for that
purpose. Quorum of committee 236. (1) A quorum is required at all times for committee
meetings. (2) A majority of the number of members in office
constitutes a quorum for committee meetings provided that there are at least 3
members in office. (3) Where the number of members in office is less than
a quorum, the members remaining in office shall notify the minister within 48
hours and the minister may authorize those members to perform all of the
functions of the committee as the minister may determine until members are
either elected or the minister appoints a sufficient number of members to constitute
a quorum. (4) A member appointed under subsection (3) holds
office until the expiration of the term of office of the members who held
office at the time of the member's appointment. Decision on motion 237. Every motion before a committee shall be decided by a majority
of the members present at the meeting. Annual meeting of residents 238. (1) A
committee shall hold an annual meeting of the
residents at a time during the year that the committee may decide. (2) A committee shall
publish a notice of the annual meeting in accordance with section 292. (3) A committee shall at
the annual meeting present to the residents in attendance a report respecting
the financial and other operations of the local service district for the prior
financial year. (4) There shall be no annual meeting in the year in which the local service district is incorporated. Special meeting of residents 239. (1) A committee may call a special meeting of the residents. (2) A committee shall
call a special meeting of residents where (a) required under section
224; (b) requested to do so
by 10% of the residents; or (c) requested to do so
by the minister. (3) A committee shall
publish a notice of a special meeting in accordance with section 292. Quorum of residents 240. Ten percent of the residents constitutes a quorum at an
annual meeting or a special meeting and if that quorum is not present, the
meeting shall be adjourned to a later time. Presiding officer 241. (1) The presiding officer at an annual meeting or a special
meeting shall be the chairperson or in the chairperson's absence the
vice-chairperson or, in the absence of both of them, a member designated by the
committee for that purpose. (2) Where the presiding
officer is a candidate for election at a meeting, the residents at the meeting
shall appoint a person who is not a candidate for election to be the presiding
officer for the election. Voting 242. (1)
Every resident may attend an annual or a special
meeting and may vote once on each motion put forward by the committee. (2) Notwithstanding subsection (1), where the
meeting relates to an election, the presiding officer
shall not vote unless there is a tie. Financial year 243. (1) The financial year of a local service district shall be
from January 1 to December 31. (2) For the first year
of a local service district that was incorporated under paragraph 218(1)(a) or amalgamated
under paragraph 218(1)(c), the financial year shall be from the date the
committee takes office until December 31 of that year. Borrowing powers 244. A local service district may borrow money for capital
expenditures for an amount that does not exceed an amount authorized by the
minister and for a period specified by the minister. Budget 245. (1) A committee shall, not later than 90 days after the day on
which the committee takes office in the first financial year and not later than
March 31 in each succeeding year, prepare and adopt a budget containing the
estimates of the revenue and expenditures of the committee for the current
financial year. (2) The budget referred
to in subsection (1) shall be in the form set by the minister and a signed copy
shall be sent to the minister within 30 days of its adoption. Audited financial statements 246. The minister may require a committee to submit audited financial statements to the minister. Records 247. A committee shall ensure that correct and complete books of
account are kept of the financial and other activities of the local service
district. Bank account 248. (1) A local service district shall open and maintain a bank
account in a bank approved by the committee and shall deposit to its credit all
money received by it. (2) All cheques or
orders withdrawing money from the bank account of a local service district
shall be signed by the chairperson or vice-chairperson or, in the absence or
incapacity of both of them, by a member designated for that purpose by the committee
and shall be countersigned by one other member designated by the committee for
that purpose. Insurance 249. A committee shall ensure that all buildings, equipment and other assets are insured. Inspection of documents 250. (1)
The following documents shall be made available to a
person who submits a request to the committee: (a) adopted minutes of
the committee meetings; (b) open public tenders; (c) financial statements
of the committee; (d) budgets of the
committee; (e) animal control by-laws; and (f) contracts. (2) A person inspecting
documents under subsection (1) (a) shall not remove the
documents from the place where they are located or interfere with a member or an
employee of the local service district in the performance of the member's or employee's
duties; and (b) may make extracts
from the documents and may make copies of the documents. (3) Where copies are made by the committee under paragraph (2)(b), the committee may charge a fee equal to the actual cost of providing the copies. (4) Where a person requests that a local service district provide the documents referred to in subsection (1) by an electronic means and the local service district has an electronic means to provide them, the local service district shall comply with the request. Staff 251. (1) A local service district may employ staff as may be
necessary to perform the duties specified by the committee and the remuneration
of staff may be paid from the funds of the local service district. (2) Notwithstanding
subsection (1), a member shall not accept employment with the local service
district to which a salary or remuneration is payable out of the funds of the
local service district without the prior approval of the minister. Volunteer fire department 252. (1) A committee may establish, operate and maintain a volunteer fire department or continue an existing volunteer fire department. (2) The
minister may make regulations respecting the control and management of
volunteer fire departments in local service districts including the fighting of
fires, the prevention of fires in local service districts and the inspection of
buildings in local service districts for fire prevention purposes. (3) Where
a committee establishes or continues a
volunteer fire department, the committee may appoint a fire chief but
the chair of the committee shall not be the fire chief. (4) The
minister may, by regulation, prescribe the responsibilities and duties of a
fire chief. Signature on deeds and documents 253. All deeds and documents to which a local service district is
a party shall be signed by the chairperson or vice-chairperson or, in the
absence or incapacity of both of them, by a member designated for that purpose
by the committee and shall be countersigned by one other member designated by
the committee for that purpose. Appointment of comptroller 254. (1)
The minister may appoint a comptroller of a local service district where one or
more of the following apply: (a) the local service district defaults in the payment of the whole or a part of the
principal of or interest upon a loan; (b) the minister is of the
opinion that the local service district is in serious financial difficulty; or (c) the minister is of the opinion that the local service district is in default under a contract. (2) Where a comptroller is appointed for a local service district, (a) the minister may determine the remuneration
and expenses of the comptroller and direct that they be paid from the funds of the
local service district; and (b) sections 197 to 199 apply with the necessary changes. 2023 cT-6.2 s254 Appointment of administrator 255. (1) The minister may appoint an administrator to a local service district where the minister is of the opinion that (a) the local service
district is in serious financial difficulty; (b) the committee is unable to function or act as a committee; or (c) it is in the best
interests of the local service district and its residents that its affairs be
conducted by an administrator. (2) Where an administrator is appointed for a local service district, (a) the minister may determine the remuneration
and expenses of the administrator and the remuneration and expenses shall be
paid from the funds of the local service district; and (b) sections 200 to 209 apply with the necessary changes. Appointment of receiver 256. (1) Where the minister has reason to believe that a local
service district is insolvent, or is in imminent danger of insolvency and that
it is in the best interest of the local service district and its creditors that
the local service district be disestablished and its affairs wound up, or that the
local service district no longer continue in existence, the minister may, by
order, disestablish the local service district and appoint a receiver. (2) The receiver is
subject to the direction of the minister in all things concerning the
performance of the receiver's duties. (3) Where a receiver is appointed for a local service district, (a) the minister may determine the remuneration
and expenses of the receiver and the remuneration and expenses shall be paid
from the funds of the local service district; and (b) sections 210 to 215 apply with the necessary changes. Mandatory garbage collection and removal 257. (1) A committee shall (a) establish and
maintain a system for the collection, removal and disposal of garbage; or (b) contract for the
collection, removal and disposal of garbage. (2) A committee may
determine (a) the time, manner,
extent and nature of the collection, removal and disposal of garbage referred
to in subsection (1); and (b) the persons who will receive the garbage collection and removal service. Services 258. A committee may provide the services prescribed in the
regulations. Fee for service 259. A committee may charge a fee for the cost of services or
supply provided under this Part and under the regulations made under paragraph 300(i)
to the residents or to the users of the service or supply as may be determined
by the committee. Fee collection methods 260. (1)
In addition to other remedies that a local service
district has to enforce payment of a fee imposed under section 259, a committee
may disconnect the service provided by a water system, sewer system or water
and sewer system where the fee is in arrears. (2) Notwithstanding subsection (1), a committee shall provide at least 30 days notice to the resident or users before disconnecting the service. (3) The fee referred to in section 259 may be sued for and collected by an action in the name of the local service district as a civil debt due to the local service district. Name and numbering 261. (1) A committee may name and mark all highways within the local
service district and may require the owners of all buildings on the highways to
number the buildings. (2) A committee may establish
an appropriate form and size for the numbering under subsection (1). Representation 262. In all court proceedings to which a local service district
is a party, the local service district may be represented by a member or an employee
of the local service district where authorized by the committee. Expropriation 263. Subject to the Water Resources Act, a committee may, with the approval of the minister, or the minister may, on behalf of a local service district, acquire by agreement or by expropriation, in accordance with Part IX of the Urban and Rural Planning Act, 2000, land, water, water rights, water privileges or public works necessary for carrying out the provisions of this Part. Public procurement 264. (1)
The execution of a public work, the acquisition of
goods or services and the leasing of space by a local service district shall be
in accordance with the Public Procurement Act. (2) In this section,
"public work", "goods" and "services" have the
same meaning as in the Public Procurement
Act. Public works by committee 265. The minister may disallow public works proposed by a
committee or may order the discontinuance of public works already commenced. By-laws 266. A local service district committee may make by-laws (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 by-laws; (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 or where the impounding fee is not paid in the time
set out in the by-laws; (e) providing for the
licensing and registration of dogs within the local service district and the
renewal of dog licences and the period of validity of those dog licences; (f) prescribing the form
of dog licences and the kind of dog licence tags to be issued with the
licences; (g) prescribing the fees
to be paid for dog licences and dog licence tags; (h) providing for the
appointment of licensing officers in the local service district to enforce
local service district animal by-laws; (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 or other animals which a person may keep in a local service
district; and (k) prescribing fines
for the non-compliance or contravention of by-laws made under this section. PART XII Definitions 267. In this Part (a) "committee" means a waste disposal committee continued under this Part; (b) "council" means (i) St. John's City Council,
(ii) Corner Brook City
Council, (iii) Mount Pearl City
Council, (iv) a town council established or continued under this Act, or (v) a local service district committee established or continued under this Act; (c) "franchise holder" means a person who entered into an agreement with the minister to
carry out the duties and exercise the powers under section 273; (d) "person" includes
a council, firm, committee or franchise holder; (e) "residential property" means property that is occupied wholly or partly for residential purposes; (f) "waste disposal area" means an area continued under this Part as a waste disposal area; (g) "waste disposal site" means real property and a building or structure upon or in which
waste is deposited; (h) "waste management system" means facilities, equipment and operations for the
management of waste, including the collection, handling, transportation,
storing, processing, use and disposal of waste; and (i) "waste" means (i) refuse, garbage,
rubbish, litter, scrap and discarded material, including tailings, offal,
machinery, products, vehicles and other articles which are dumped, discarded,
abandoned or otherwise disposed of, (ii) a material or thing
that may be a danger to the health of human beings, animals, wildlife or fish,
or is of unsightly appearance, and (iii) a substance
designated as waste under the Environmental Protection Act. Powers, duties and functions of minister 268. The powers, duties and functions of the minister under this
Part are to (a) assume control of, operate
or manage waste disposal sites and waste management systems that the minister
considers necessary; and (b) make arrangements or enter into agreements with a provincial government department, agency, council, authority or commission to the extent that the minister may consider desirable to achieve maximum efficiency in the field of waste disposal and waste management. Waste disposal area 269. (1) A waste disposal area established under the former Act is continued under this Act. (2) The minister may, (a) alter a waste
disposal area continued under subsection (1); or (b) revoke an order establishing a waste disposal area under the former Act. (3) Where a waste
disposal area is altered under paragraph (2)(a), this Act and the orders or
regulations in force in the waste disposal area immediately before the date of
the alteration apply to the altered area from that date. Rates 270. (1) The minister may establish rates to be charged for the
collection and disposal of waste in a waste disposal area and those rates may
differ for different areas and classes of waste. (2) Where the minister establishes rates in
accordance with subsection (1), a person who owns or
occupies a residential property, business, industry or manufacturing operation
in the waste disposal area shall pay the rates to the committee or the
franchise holder. Committee 271. (1) A
committee appointed under the former Act is continued under this Act. (2) A committee shall
consist of not less than 5 persons. (3) The members of a
committee shall hold office for the period and upon the terms that the minister
may set. (4) A committee is a
corporation. (5) A committee may with
the approval of the minister hire employees that may be necessary for the
conduct of its business and may set their remuneration. (6) A member of the
committee shall not be an employee referred to in subsection (5). 2023 cT-6.2 s271 Franchise agreement 272. (1)
A franchise agreement entered into under the former
Act shall continue in force. (2) Notwithstanding subsection (1), where the rates in a franchise agreement referred to in subsection (1) differ from the rates set by the minister in accordance with subsection 270(1), the minister may charge the rates established under subsection 270(1). (3) The minister may
enter into an agreement with a person granting to that person the exclusive
right to be a franchise holder and to carry out the duties and exercise the
powers set out in section 273 in relation to a waste disposal area that existed
at the date this Act comes into force. Powers and duties of committee and franchise holder 273. (1) A committee or a franchise holder shall (a) in accordance with the
Environmental Protection Act, (i) operate and maintain
waste disposal sites and waste management systems, (ii) arrange for the
collection at regular intervals of waste from persons who reside in or have a
business, industry or manufacturing operation in the waste disposal area and who
pay a rate established in accordance with this Part, (iii) arrange for the
disposing of waste in waste disposal sites, and (iv) take those measures
that the committee or the franchise holder considers necessary, or that may be
required under the Environmental Protection Act, to prevent waste in a
waste disposal area from becoming a nuisance to the public, having an unsightly
appearance or becoming a hazard to health; (b) collect the rates
payable to the committee or franchise holder under this Part; (c) from the money collected
by the committee or franchise holder, pay the salaries of employees and pay the
other expenses incurred in carrying out the committee's or franchise holder's operations; (d) take those measures
that the committee or the franchise holder considers necessary to prevent
persons from entering all or a part of a waste disposal site for the purpose of
removing waste from it; (e) annually submit to
the minister (i) an audited balance
sheet and audited statement of receipts and disbursements, together with the
auditor's report on them, and (ii) a report on the
operation of the committee or the franchise holder; and (f) carry out those other
duties that the minister may consider necessary. (2) A committee or a
franchise holder may, subject to subsection 270(2), make arrangements for
services that the committee or the franchise holder considers appropriate with
businesses, industry or manufacturing operations in its area and with other
persons engaged in commercial or industrial enterprises in the area with
respect to the disposal of waste. (3) A payment owed by a
person referred to in subsection 270(2) that has not been collected by a former
committee or a franchise holder may be assessed and collected by a subsequent
committee or franchise holder. (4) A payment owed by a
person referred to in subsection 270(2) is a debt due to the committee or the
franchise holder and is recoverable with costs by civil action in a court but
failure to make those payments does not constitute an offence. 2023 cT-6.2 s273 Use of waste disposal site 274. (1) A waste disposal site shall be used only for the disposing
of waste by a committee or a franchise holder or by another person with the
permission of the committee or the franchise holder. (2) Where there is a
system of waste collection and rates have been established for the collection
of waste in a waste disposal area, residents of the waste disposal area who are
paying the rates may deposit waste in a waste disposal site in the waste
disposal area by means of their own vehicles, at a rate in accordance with section
270. (3) Notwithstanding
subsection (2), a committee or franchise holder may, with respect to a waste
disposal site, control (a) the time of access
to the waste disposal site; (b) the location within
the waste disposal site where waste may be disposed of; and (c) substances that may
be disposed of in accordance with the Environmental Protection Act and
approvals issued under that Act. Binding requirements 275. A waste disposal site or waste management system shall be
operated and maintained in accordance with (a) the Environmental
Protection Act and regulations; and (b) the by-laws of a
town or the by-laws or regulations of a city, provided that the by-laws and regulations
are equivalent to or exceed the requirements of the Environmental Protection
Act. Notice of proposal 276. Before submitting an application for approval to establish
or alter a waste disposal site or waste management system under the Environmental
Protection Act, a person shall publish in accordance with section 292 a
notice of the proposal to make the application where the waste disposal site or
waste management system is or is to be located or used. Prohibition against removal of waste 277. (1)
A person shall not remove waste from a waste disposal
site. (2) Notwithstanding subsection (1), a person may remove waste from a waste disposal site where the person (a) has the prior written
consent of the committee or franchise holder responsible for the waste disposal
site; and (b) removes the waste in
accordance with (i) the Environmental
Protection Act; and (ii) an approval issued
for the waste disposal site under the Environmental Protection Act. PART XIII Division 1 By-law enforcement officers 278. (1) A town council may, by resolution, appoint one or more
by-law enforcement officers. (2) A by-law enforcement officer has the powers, duties and functions that are prescribed in this Act or as determined by a town council by by-law. (3) A person shall not
interfere with, obstruct, attempt to obstruct or fail to cooperate with a
by-law enforcement officer in the exercise of the by-law enforcement officer's
powers, duties or functions under this Act, the regulations or by-laws. (4) A person shall not
knowingly make a false or misleading statement, either orally or in writing, to
a by-law enforcement officer while the by-law enforcement officer is exercising
powers, duties or functions under this Act, the regulations or by-laws. Division 2 Inspectors 279. (1) The minister may designate persons or classes of persons to
act as inspectors for the purpose of this Act and the regulations. (2) By-law enforcement officers are designated as inspectors for the purpose of enforcing by-laws of a town. (3) A person shall not
interfere with, obstruct, attempt to obstruct or fail to cooperate with an
inspector in the exercise of the inspector's powers, duties or functions under
this Act, the regulations or by-laws. (4) A person shall not
knowingly make a false or misleading statement, either orally or in writing, to
an inspector while the inspector is exercising powers, duties or functions
under this Act, the regulations or by-laws. Powers of inspectors 280. (1) An inspector may, at all reasonable times, for purposes
related to the administration or enforcement of this Act, the regulations or a
by-law, inspect or examine a premises, equipment, processes, or books and
records of a person that the inspector may consider relevant for the purpose of
determining compliance with this Act, the regulations or by-laws, and the
inspector may, without a warrant (a) enter any premises
where (i) property, books or
records are or may be kept, or (ii) anything is done or
is suspected to be done in connection with a requirement of this Act, the
regulations or a by-law; (b) make copies,
extracts, photographs, or videos the inspector considers necessary; (c) require the owner or
person in charge of a premises to give the inspector all reasonable assistance,
including the production of books and records as requested by the inspector,
and to answer all questions relating to the administration or enforcement of
this Act, the regulations or the by-laws and, for that purpose, require the
owner or person in charge to attend at the premises with the inspector; and (d) require the owner or
person in charge to make available the means to generate and manipulate books
and records that are in machine readable or electronic form and any other means
or information necessary for the inspector to assess the books and records. (2) Notwithstanding
subsection (1), an inspector shall not enter a dwelling-house without the
consent of the occupant except under the authority of a warrant issued under
section 282 or 283. Order of inspector 281. Where an inspector finds that a person is not in compliance
with a provision of this Act, the regulations or a by-law, the inspector may
order the person to comply with the provision and may require the order to be
carried out immediately or within the period of time that the inspector
specifies. Contravention of Act suspected 282. (1) Where during the course of an inspection under section 280
or otherwise an inspector believes on reasonable grounds that there has been a
contravention of this Act, the regulations or a by-law, the inspector may, with
a warrant issued under subsection (2) or section 283 seize and take away
anything that may provide evidence with respect to a suspected offence under
this Act or the regulations as evidence of a contravention and may retain those
things until the time they are required in a court proceeding. (2) A Provincial Court
judge who is satisfied upon oath or affirmation that there are reasonable
grounds for believing that there is in or on a premises anything that may
provide evidence with respect to a suspected offence under this Act, the
regulations or a by-law, may issue a warrant authorizing an inspector to enter
the premises and to (a) search; (b) examine the contents
of the premises and make those inquiries that the inspector considers
necessary; and (c) copy, extract,
photograph, video, seize and take away evidence, books and records, for the purpose
of investigating the suspected offence. (3) The owner or person
in charge of a premises referred to in this section or a person at the premises
shall not obstruct an inspector in the carrying out of the inspector's duties
under this section as authorized by the warrant. Telewarrant 283. (1) Where, in the opinion of an inspector it would not be
practical to appear before a Provincial Court judge to apply for a warrant, the
inspector may make the application by telephone or other means of
telecommunication. (2) Where an inspector
acts under the authority of a warrant obtained under this section, the
inspector shall provide a facsimile of the warrant to the owner or person in
charge of a premises present at the time the warrant is carried out. (3) In subsection (2),
"facsimile" includes a record produced by electronic means or a
written record of a telephone conversation made by both parties to the conversation
while it is in progress and which the parties have confirmed as to its accuracy
by reading their record of the conversation to one another at the end of the
conversation. Division 3 Removal of vehicles 284. (1) Where a vehicle (a) is parked upon a 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 town council; or (b) has been apparently
abandoned upon a highway, sidewalk or bridge for longer than 24 hours, a person authorized
for the purpose by the town council may remove the vehicle to a place selected
by that 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 town council and where those costs are not paid by
the owner, the town 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 to the owner or to a person who satisfies the town council
that the person has a prior encumbrance on the vehicle. Division 4 Council orders 285. (1) Where a town council is of the opinion that a person is contravening this Act, the regulations or a by-law, the town council may issue an order (a) directing a person to stop doing something or to change the way in which the person is doing something; and (b) direct a person to take an action or measure necessary to remedy the contravention of this Act, the regulations or a by-law. (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 town council which made
the order. (4) A town council may,
in an order made under subsection (1), specify a time within which the person
is required to comply with the order. (5) Where a person who
has been served with an order does not comply with the order or a part of an
order made under subsection (1), the town 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 town 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 town. (6) For the purpose of subsection (5), a by-law enforcement officer, an employee of the town or other persons acting on behalf of the town, may, at all reasonable times, enter a premises, building or other structure in order to clean up or repair the premises or repair or demolish the building or other structure, as the case may be. (7) Where an order relates to the removal or
demolition of a structure, a town council shall not proceed
to act under subsection (5) unless it has a report from an architect, an engineer,
a building inspector or the fire marshal that the building or structure is
dilapidated or structurally unsound and that report is proof in the absence of
evidence to the contrary that the building or structure is dilapidated or
structurally unsound. (8) Where an order relates to the remediation of the real property or the demolition or removal of structures from real property, the costs, expenses or charges incurred by the town in carrying out the terms of the order constitute a lien on the real property on which it is levied until payment is made in full. (9) A town council may
delegate to a by-law enforcement officer or an employee of the town the power
to issue orders under this section. Appeal 286. (1) A person aggrieved by an order made under subsection 285(1)
may, within 14 days of the service or posting of the order, appeal to an
adjudicator appointed under the Urban and Rural Planning Act, 2000 and
the adjudicator may make an order with respect to the matter. (2) Where an appeal has
been started under subsection (1), a town council shall not begin to carry out
an order made under section 285 until the appeal has been heard or otherwise
disposed of. (3) Notwithstanding
subsection (2), a stop work 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 town 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 the town. (5) Where an order relates to the removal or
demolition of a structure, a town council shall not
proceed to act under subsection (4) unless it has a report from an architect,
an engineer, a building inspector or the fire marshal that the building or
structure is dilapidated or structurally unsound and that report is proof in
the absence of evidence to the contrary that the building or structure is
dilapidated or structurally unsound. Division 5 Violation notices 287. (1) A town council may issue a violation notice to a person who
contravenes a by-law made by the town council. (2) A town council may delegate its authority to issue a violation notice to a by-law enforcement officer. (3) A violation notice
issued to a person under this section shall state (a) the contravention to
which the violation notice applies; (b) the time and date of
the contravention; (c) that a voluntary
payment out of court of a stated amount may be made to the town within the time
stated on the violation notice and the amount to which it will increase where
payment is voluntarily made to the town after the date stated on the violation
notice; (d) that where payment
is voluntarily made to the town for the contravention stated on the violation
notice, no further action will occur with respect to that contravention; and (e) that where payment
is not voluntarily made to the town in accordance with the violation notice, a
summons will be issued with respect to the contravention stated on the
violation notice. (4) Where a violation
notice is issued to a person for a contravention of a by-law, the person may voluntarily
pay the amount stated in the violation notice to the town within the time
period stated in the violation notice. Issuance of summons re: contravention of by-laws 288. (1) Where a person who has received a violation notice under
section 287 does not voluntarily make a payment to the town within the time
stated on the violation notice, the town may charge the person by way of a
summons, including a summons that is issued by means of a ticket under the Provincial
Offences Act, with an offence in respect of the contravention stated on the
violation notice. (2) Notwithstanding that
a town has not issued a violation notice under section 287, the town may charge
a person by way of a summons, including a summons that is issued by means of a
ticket under the Provincial Offences Act, with an offence for a
contravention of a by-law for which a violation notice may be issued under that
section. (3) Where a person is
convicted of an offence for which a summons referred to in subsection (1) or
(2) was issued, and as a result of that conviction is liable to pay a fine, the
amount of that fine paid into court shall be paid out of court to the town. (4) Where a person (a) is convicted of an
offence for which a summons referred to in subsection (1) or (2) was issued; (b) owns the property or
business to which the offence relates; and (c) does not pay the
fine imposed with respect to that conviction within the time required, the fine shall be
collected and recovered from that person in the same manner that taxes and
assessments may be collected and recovered under this Act with respect to that
property or business. (5) A town council may
designate an employee or a class of employees who may issue a (a) violation notice
under section 287; and (b) summons under this section. Division 6 Offences 289. (1)
A person who does any of the following commits an
offence: (a) fails to comply with
an order made under this Act within the time required under the order; (b) fails to immediately
comply with a request of an administrator under section 200 or of a receiver
under section 210; (c) fails to pay a tax or
fee that the person is liable to pay under this Act; (d) fails to collect and
pay to a town a tax or fee that the person is directed to collect and pay under
this Act; (e) tears down, removes
or damages an order or notice posted by a town council; and (f) contravenes this Act
or a regulation or by-law made under this Act. (2) A councillor or a person acting on behalf of the town council who contravenes or fails to comply with paragraph 198(b) 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 repayment to the town of money spent or payment of an expenditure incurred or financial commitment entered into contrary to that subsection. (3) Each day upon which
the same offence is committed or continued is a separate offence. Penalty 290. (1) A person who commits an offence under this Act is liable on summary conviction (a) for a first offence,
to a fine of not less than $100 and not more than $1,000 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 $1,000 and not more than $2,000 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, a town council or local service district
committee or a person acting on the town council's or local service district
committee's behalf, may, by filing the conviction, enter as a judgment in the
Supreme Court the amount of the fine, together with an applicable late payment
penalty, and the judgment is enforceable against the person who committed the
offence in the same manner as if it were a judgment rendered against the person
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 town
council to which it relates. (4) A penalty or
imprisonment, and a conviction for an offence, do 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 289(1)(c) for failing to
pay a tax or fee, the court shall, when imposing a sentence, also order that
person to pay the amount of the tax or fee and the court costs of the town. (6) Sections 736 and 737
of the Criminal Code shall not be applied in disposing of a prosecution
for an offence under paragraph 289(1)(c) or (d) or imposing punishment for the
offence. Prosecutions 291. (1)
Prosecutions for offences under this Act may be
carried out by a town council or a local service district committee or its
agent notwithstanding section 76 of the Law Society Act, 1999. (2) A prosecution shall
not be commenced with respect to an offence under this Act until after an
appeal period which may apply to the activity giving rise to the offence has
passed. PART XIV Publication 292. Any notice required to be given by a town or local service
district under this Act, the regulations or a by-law shall, unless otherwise
stated in this Act, be posted in at least 2 conspicuous places in the town or
local service district and also given by one or more of the following means: (a) publishing the
notice in a newspaper published or having general circulation in the town or
local service district; (b) broadcasting the
notice on a radio or television station that broadcasts in the town or local
service district; (c) mailing the notice, including direct mail and leafleting; (d) publishing the notice on the town's or local service district's website; (e) publishing the notice on social media accounts of the town or local service district; and (f) any other means that is reasonably expected to notify a person in the town or local service district. Service 293. (1) A notice, order or other document required to be served
under this Act, the regulations or by-laws is, unless otherwise stated in this
Act, sufficiently served where delivered personally or sent by registered mail
addressed to the person to whom service is to be made at the latest address
appearing on the records of the applicable town or local service district. (2) Where a person to
whom a notice, order or other document is to be served as described in
subsection (1) is a corporation, it shall be considered to be sufficiently served
where delivered personally to a director or chief executive officer of the corporation. (3) Where an order which
can be made under this Act cannot be given or served under either subsection
(1) or (2), the order is considered served if it is posted in a conspicuous
place on the property to which the order relates. No liability 294. 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 in good faith by that
councillor or member of a local service district committee in the performance
or intended performance of duties or the exercise of a power or for alleged
negligence in the performance or intended performance of duties or the exercise
of a power under this Act. Immunity for liability in nuisance 295. A town or local service district shall not be liable in an action in nuisance, including if the damage is the result of (a) water overflowing from a
water or wastewater system, drain, ditch or watercourse due to excessive snow,
ice, mud or rain; or (b) the construction,
operation or maintenance of a system or facility for the distribution of water
or for the collection, conveyance, treatment or disposal of wastewater, storm
water or both. Orders 296. An order made under subsection 14(1), section
17 or 23 or subsection 25(1), 209(1), 210(1), 218(1), 228(1) or 256(1) is
subordinate legislation for the purposes of the Statutes and Subordinate
Legislation Act. Fees and forms 297. The minister may set fees and establish forms for the
purpose and administration of this Act. Statutory review 298. The minister shall, every 10 years, conduct a review of this Act and the regulations and consider the areas which may be improved. PART XV Lieutenant-Governor in Council regulations 299. The Lieutenant-Governor in Council may make regulations (a) exempting persons and entities from a tourist accommodation tax imposed by a by-law referred to in subsection 129(1); (b) prescribing conditions and restrictions with respect to the imposition of a tourist accommodation tax; (c) prescribing the methods of collection of a tourist accommodation tax; (d) respecting the remuneration of mayors, deputy mayors and councillors; (e) respecting the reimbursement
for expenses of mayors, deputy mayors and councillors; (f) defining a word or
phrase used but not defined in this Act; and (g) generally, to give
effect to the purpose of this Act. Ministerial regulations 300. The minister may make regulations (a) prescribing rules of procedure for town council meetings; (b) respecting the preparation and content of feasibility reports; (c) prescribing minimum standards for services provided by a town; (d) establishing a water
and sewer fee applicable to and a maximum allowable amount of water and sewer
fee for the purposes of subsection 132(8); (e) respecting the preparation and content of assessments referred to in subsection 218(2); (f) prescribing the process for the purposes of subsection 218(3); (g) respecting the control and management of local service districts by a committee; (h) respecting the operations and proceedings of local service district committees and the allowable remuneration of members; (i) prescribing the services a local service district committee may provide; (j) respecting the control and management of volunteer fire departments in local service districts; (k) prescribing the responsibilities and duties of
fire chiefs in local service districts; (l) defining a word or
phrase used but not defined in this Act; and (m) generally, to give
effect to the purpose of this Act. PART XVI Real property tax 301. (1) Notwithstanding subsection 117(1), where at the time of the coming into force of this Act a town council did not impose a real property tax, the town council is not required to impose a real property tax until 3 years after the date this Act comes into force. (2) Where at the time of the coming into force of this Act, a town council imposed a poll tax, the town council may continue to impose a poll tax until it imposes a real property tax in accordance with subsection 117(1). (3) For the purposes of subsection (2), sections 126 to 128 of the former Act continue to apply until the town council imposes a real property tax in accordance with subsection 117(1). Water and sewer fee 302. Notwithstanding subsection 131(1), a town council may continue to impose a water and sewage tax until the earlier of (a) the date the town council charges water and sewer fees; or (b) 3 years after the coming into force of this Act. Licences, permits and approvals 303. A permit, licence or approval issued under the former Act is considered to have been issued under this Act and subject to this Act. Regulations, orders, by-laws and decisions 304. (1) All regulations, orders and by-laws in force at the date this Act comes into force shall continue in force until repealed or replaced. (2) A decision or order
under the former Act shall continue in force and shall be considered to be a
decision or order under this Act. Contracts and agreements 305. All contracts and agreements entered into by a town council or a local service district committee before the coming into force of this Act are binding on the town or local service district they govern. PART XVII SNL2015 cA-1.2 Amdt. 306. Subparagraph 2(o)(iv) of the Access to Information and Protection of
Privacy Act, 2015 is repealed and the following substituted: (iv) a town as defined in
the Towns and Local Service Districts Act,
and SNL2021 cA-1.001 Amdt. 307. Subparagraph 2(1)(o)(vi) of the Accessibility Act is amended by deleting
the words "a municipality under the Municipalities
Act, 1999" and substituting the words "a town under the Towns and Local Service Districts Act". SNL2010 cA-9.1 Amdt. 308. (1)
Subsection 30(3) of the Animal Health and
Protection Act is amended by deleting the reference "Municipalities Act, 1999" and
substituting the reference "Towns
and Local Service Districts Act". (2) Section
46 of the Act is amended by deleting the reference "Municipalities Act, 1999" and substituting the reference
"Towns and Local Service Districts
Act". SNL2006 cA-18.1 Amdt. 309. (1)
Paragraph 2(k) of the Assessment Act,
2006 is repealed and the following substituted: (k) "clerk" means a town clerk as defined in the Towns and Local Service Districts Act and includes the clerk of the City of Corner Brook, the clerk of the City of Mount Pearl and the clerk of the City of St. John's; (2) Paragraph
2(o) of the Act is repealed and the following substituted: (o) "council" means a town council established or continued under the Towns and Local Service Districts Act and includes the Corner Brook City Council, the Mount Pearl City Council and the St. John 's Municipal Council; (3) Paragraph
2(s) of the Act is repealed and the following substituted: (s) "municipality"
means a town incorporated or continued under the Towns and Local Service Districts Act and includes the City of Corner
Brook and the City of Mount Pearl; RSNL1990 cB-8 Amdt. 310. Paragraph
2(c) of the Building Standards Act is
repealed and the following substituted: (c) a town incorporated
or continued under the Towns and Local Service Districts Act or a local
service district incorporated or continued under that Act; and RSNL1990 cC-15 Amdt. 311. Paragraph 2(g) of the City of Corner Brook Act is repealed and the following substituted: (g) "municipality" means a town under the Towns
and Local Service Districts Act; RSNL1990 cC-16 Amdt. 312. Paragraph 2(g) of the City of Mount Pearl Act is
repealed and the following substituted: (g) "municipality" means a town under the Towns
and Local Service Districts Act; and SNL2001 cE-5.2 Amdt. 313. Subparagraph 2(d)(iii) of the Electronic Commerce Act is amended by
deleting the words "a municipality under the Municipalities Act, 1999" and substituting the words "a
town under the Towns and Local Service
Districts Act". SNL2022 cE-7.03 Amdt. 314. Paragraph 2(l) of the Emergency 911 Act, 2022 is amended by deleting the words "a
municipality under the Municipalities
Act, 1999" and substituting the words "a town under the Towns and Local Service Districts Act". SNL2008 cE-9.1 Amdt. 315. (1) Paragraph 2(e) of the Emergency Services Act is amended by
deleting the words "a regional council" and the comma following those
words. (2) Paragraph 2(j) of the Act is amended by
deleting the words "a municipality under the Municipalities Act, 1999" and substituting the words "a
town under the Towns and Local Service
Districts Act". SNL2002 cE-14.2 Amdt. 316. (1)
Paragraph 2(u) of the Environmental
Protection Act is amended by deleting the words "a municipality as
defined in the Municipalities Act, 1999"
and substituting the words "a town as defined in the Towns and Local Service Districts Act". (2) Subsection
80(6) of the Act is repealed and the following substituted: (6) Where a person
applies for an approval to establish or alter a waste disposal site or a waste
management system, a notice of that application shall be published as required
under section 276 of the Towns and Local
Service Districts Act. RSNL1990 cE-19 Amdt. 317. Subsection 17(3) of the Expropriation Act is repealed and the
following substituted: (3) In subsection (2),
"municipal authority" means the St. John's Municipal Council, the Corner Brook City Council, the Mount
Pearl City Council or a town council or local service district committee established
or continued under the Towns and Local Service Districts Act. SNL2008 cF-11.01 Amdt. 318. Paragraph 2(o) of the Fire Protection Services Act is amended by deleting the words "a
municipality under the Municipalities
Act, 1999" and substituting the words "a town under the Towns and Local Service Districts Act". SNL1996 cF-11.1 Amdt. 319. Paragraph 2(a) of the Firefighters' Protection Act is amended by deleting the reference
"Municipalities Act, 1999"
and substituting the reference "Towns
and Local Service Districts Act". RSNL1990 cG-3 Amdt. 320. Subsection 6(1) of the Geographical Names Board Act is amended by deleting the reference
"section 5 of the Municipalities
Act, 1999" and substituting the reference "section 17 of the Towns and Local Service Districts Act". RSNL1990 cH-3 Amdt. 321. (1)
Subparagraph 2(qq)(iv) of the Highway
Traffic Act is repealed and the following substituted: (iv) a town incorporated or continued under the Towns and Local Service Districts Act; (2) Subsection
16.1(2) of the Act is amended by deleting the reference "Municipalities Act, 1999" and
substituting the reference "Towns
and Local Service Districts Act". (3) Paragraphs
189(1)(h), (i) and (j) of the Act are repealed. RSNL1990 cH-4 Amdt. 322. Subparagraph 2(h)(iv) of the Historic Resources Act is repealed and
the following substituted: (iv) a town as defined in the Towns and Local Service Districts Act; SNL2000 cI-1.1 Amdt. 323. Paragraph
40.1(1)(d) of the Income Tax Act, 2000
is amended by deleting the words "incorporated or continued under the Municipalities Act, 1999" and
substituting the words "continued under the Towns and Local Service Districts Act". SNL2004 cL-3.1 Amdt. 324. Subsections 8.2(1) and (2) of the Labrador Inuit Land Claims Agreement Act
are repealed and the following substituted: Application of municipal taxation to non-beneficiaries 8.2. (1)
Notwithstanding that an Inuit Community is not a town
as defined in the Towns and Local Service
Districts Act, the Inuit Community Council for an Inuit Community may
impose upon Persons other than Inuit who are resident in that Inuit Community a
tax, fee, assessment or levy described in Part VII of the Towns and Local
Service Districts Act and in the Taxation of Utilities and Cable
Television Companies Act. (2) Where a tax, fee, assessment
or levy is imposed upon Persons other than Inuit under subsection (1), the Towns and Local Service Districts Act, Taxation
of Utilities and Cable Television Companies Act and the Assessment Act,
2006 shall apply to the Inuit Community Council imposing that tax, fee, assessment
or levy as if that Inuit Community Council was a town council of a town as
defined in the Towns and Local Service
Districts Act. SNL1991 c36 Amdt. 325. Paragraph 9(1)(b) of the Lands Act is repealed and the following
substituted: (b) an undertaking by a
city or a town as those terms are defined in the Towns and Local Service Districts Act which is in the public
interest other than economic development. SNL2005 cL-24.2 Amdt. 326. Subparagraphs 2(a)(ii) and (iii) of the Local Authority Guarantee Act, 2005 are
repealed and the following substituted: (ii) town as defined in
the Towns and Local Service Districts Act,
and (iii) local service
district incorporated or continued under the Towns and Local Service Districts Act; and SNL1995 cM-20.1 Amdt. 327. (1) Subparagraph 2(e)(iv) of the Municipal Affairs Act is repealed and
the following substituted: (iv) a local service
district committee or the town council of a town established or continued under
the Towns and Local Service Districts Act, (2) Subsection
6(4) of the Act is amended by deleting the reference "Municipalities Act, 1999" and substituting the reference
"Municipal Elections Act". (3) Subsection
6(6) of the Act is amended by deleting the reference "sections 250 to 261
of the Municipalities Act, 1999"
and substituting the reference "sections 200 to 209 of the Towns and Local Service Districts Act". SNL2021 cM-20.01 Amdt. 328. (1) Paragraph 2(a) of the Municipal Conduct Act is amended by
deleting the reference "section 250 of the Municipalities Act, 1999" and substituting the reference
"section 200 of the Towns and Local
Service Districts Act". (2) Subparagraph
2(c)(i) of the Act is repealed and the following substituted: (i) a town manager or acting town manager appointed under the Towns and Local Service Districts Act, (3) Paragraph
2(n) of the Act is repealed and the following substituted: (n) "local service district" means a local service district incorporated or continued under the Towns and Local Service Districts Act; (4) Subparagraph
2(q)(i) of the Act is amended by deleting the reference "Municipalities Act, 1999" and
substituting the reference "Towns
and Local Service Districts Act". (5) Paragraph
2(s) of the Act is repealed and the following substituted: (s) "privileged
meeting" means a meeting referred to in (i) section 41 of the Towns and Local Service Districts Act, (ii) section 41 of the City
of Corner Brook Act, (iii) section 41 of the City
of Mount Pearl Act, or (iv) section 38 of the City
of St. John's Act; (6) Subsection
9(4) of the Act is amended by deleting the reference "subparagraph
206(1)(f)(ii) of the Municipalities Act,
1999" and substituting the reference "subparagraph 45(1)(h)(ii)
of the Towns and Local Service Districts
Act". SNL2001 cM-20.2 Amdt. 329. (1)
Paragraph 2(e) of the Municipal Elections
Act is repealed and the following substituted: (e) "council" means a council of a city and a town council as defined in the Towns and Local Service Districts Act; (2) Paragraph
2(p) of the Act is repealed and the following substituted: (p) "municipality" includes a city and a town; (3) Paragraph
2(r) of the Act is repealed. (4) Paragraph
2(t) of the Act is amended by deleting the reference "Municipalities Act, 1999" and substituting the reference
"Towns and Local Service Districts
Act". (5) Paragraph
15(3)(a) of the Act is amended by deleting the reference "paragraphs
206(1)(b) or (e) or subparagraph 206(1)(f)(ii) of the Municipalities Act, 1999" and substituting the reference
"paragraphs 45(1)(b) or (g) or subparagraph 45(1)(h)(ii) of the Towns and Local Service Districts Act". SNL2012 cM-25 Amdt. 330. (1) Section 48 of the Muskrat Falls Project Land Use and Expropriation Act is amended by
deleting the reference "Municipalities
Act, 1999" and substituting the reference "Towns and Local Service Districts Act". (2) Section
51 of the Act is repealed and the following substituted: Other tax or fee 51. (1) Where a water or sewage or water and sewage tax or fee is imposed by an Act of the province for the benefit of a municipality and a holder is liable to pay that tax or fee, the holder shall pay that tax or fee in accordance with that Act. (2) Nothing in this Act affects the ability to impose a tax or fee under an Act of the province or the liability to pay that tax or fee where a service referred to in subsection (1) is provided to a holder. (3) Section
54 of the Act is amended by deleting the reference "Municipalities Act, 1999" wherever it appears and substituting
the reference "Towns and Local Service
Districts Act". (4) Paragraph
55(1)(a) of the Act is amended by deleting the reference "Municipalities Act, 1999" and
substituting the reference "Towns
and Local Service Districts Act". SNL2021 cO-5.1 Amdt. 331. Paragraph 2(c) of the Off-Road Vehicles Act is repealed and the following substituted: (c) "council"
means the St. John's Municipal Council, the Corner Brook City Council, the
Mount Pearl City Council and a town council of a town incorporated or continued
under the Towns and Local Service Districts Act; SNL2001 cO-7.1 Amdt. 332. Paragraph 8(3)(b) of the Order of Newfoundland and Labrador Act is repealed and the following substituted: (b) members of the St.
John's Municipal Council, the Corner Brook City Council, the Mount Pearl City
Council, or of a town council or local service district committee continued or
established under the Towns and Local
Service Districts Act or of a council of a similarly constituted local
government in another province; SNL2022 cP-3.02 Amdt. 333. Subparagraph 2(1)(q)(iv) of the Pay Equity and Pay Transparency Act is
amended by deleting the words "a municipality under the Municipalities Act, 1999" and
substituting the words "a town under the Towns and Local Service Districts Act". SNL1995 cP-31.1 Amdt. 334. Subsection
27(2) of the Provincial Offences Act
is amended by deleting the reference "Municipalities
Act, 1999" and substituting the reference "Towns and Local Service Districts Act". SNL2016 cP-41.001 Amdt. 335. Subparagraph
2(q)(iv) of the Public Procurement Act
is amended by deleting the words "a municipality or local service district
under the Municipalities Act, 1999"
and substituting the words "a town or a local service district under the Towns and Local Service Districts Act". SNL2012 cR-8.1 Amdt. 336. (1) Paragraph 2(b) of the Regional Service Boards Act, 2012 is
amended by deleting the words "council as defined in the Municipalities Act, 1999" and substituting
the words "town council as defined in the Towns and Local Service Districts Act". (2) Subparagraph
2(h)(iv) of the Act is repealed and the following substituted: (iv) a local service district committee or a town council established or continued under the Towns and Local Service Districts Act, and SNL2009 cR-15.01 Amdt. 337. Subparagraph 2(tt)(iv) of the Revenue Administration Act is repealed
and the following substituted: (iv) a town incorporated
or continued under the Towns and Local
Service Districts Act; RSNL1990 cS-15 Amdt. 338. Paragraph 2(e) of the Shops' Closing Act is repealed and the following substituted: (e) "municipality" means the City of St. John's, the City of Corner Brook, the City of Mount Pearl or a town incorporated or continued under the Towns and Local Service Districts Act; RSNL1990 cS-16 Amdt. 339. Subsection 3(1) of the Small Claims Act is amended by deleting the reference "Municipalities Act, 1999" and
substituting the reference "Towns
and Local Service Districts Act". SNL2005 cS-16.2 Amdt. 340. Subsection
12(1) of the Smoke-Free Environment Act,
2005 is amended by deleting the words "A municipality as defined in
the Municipalities Act, 1999"
and substituting the words "A town as defined in the Towns and Local Service Districts Act". SNL2007 cS-34 Amdt. 341. Paragraph 2(b) of the Sustainable Development Act is amended by deleting the words
"a municipality as defined in the Municipalities
Act, 1999" and substituting the words "a town as defined in the Towns and Local Service Districts Act". SNL1992 cT-0.1 Amdt. 342. (1) Paragraph 2(d) of the Taxation of Utilities and Cable Television
Companies Act is repealed and the following substituted: (d) "council"
means (i) a council as defined
in the City of Corner Brook Act, the City of Mount Pearl Act and the City of St. John's Act, and
(ii) a town council as defined in the Towns and Local Service Districts Act; (2) Paragraph
2(f) of the Act is repealed and the following substituted: (f) "municipality" means a town as defined in the Towns and Local Service Districts Act; SNL2000 cU-8 Amdt. 343. (1) Paragraph 2(d) of the Urban and Rural Planning Act, 2000 is
repealed and the following substituted: (d) "council" means
a council as defined in the City of Corner Brook Act and City of
Mount Pearl Act, a town council as defined in the Towns and Local Service Districts Act and the city council as
defined in the City of St. John's Act; (2) Paragraph
2(k) of the Act is amended by deleting the words "a municipality as
defined in the Municipalities Act, 1999"
and substituting the words "a town as defined in the Towns and Local Service Districts Act". (3) Paragraph
2(n) of the Act is repealed. (4) Paragraph
2(r) of the Act is amended by deleting the reference "Municipalities Act, 1999" and substituting the reference
"Towns and Local Service Districts
Act". (5) Subsection
39.2(4) of the Act is amended by deleting the reference "Municipalities Act, 1999" and
substituting the reference "Towns
and Local Service Districts Act". (6) Subsection
50(1) of the Act is amended by deleting the reference "Municipalities Act, 1999" and
substituting the reference "Towns
and Local Service Districts Act". (7) Subsection
51(1) of the Act is amended by deleting the reference "Municipalities Act, 1999" and
substituting the reference "Towns
and Local Service Districts Act". RSNL1990 cV-5 Amdt. 344. Paragraph 11.1(2)(b) of the Victims of Crime Services Act is amended
by deleting the words "municipality as defined in the Municipalities Act, 1999" and substituting the words
"town as defined in the Towns and
Local Service Districts Act". SNL2002 cW-4.01 Amdt. 345. (1) Paragraph 2(1)(o)(iv) of the Water Resources Act is repealed and the
following substituted: (iv) a local service district committee established or continued under the Towns and Local Service Districts Act or a town council of a town continued or incorporated under the Towns and Local Service Districts Act; (2) Paragraph
5(d) of the Act is repealed and the following substituted: (d) a town under the Towns and Local Service Districts Act. SNL2022 cW-11.1 Amdt. 346. (1) Paragraph 2(1)(aa) of the Workplace Health, Safety and Compensation
Act, 2022 is repealed and the following substituted: (aa) "municipality"
includes the City of St. John's, the City of Corner Brook, the City of Mount
Pearl and a town incorporated or continued under the Towns and Local Service Districts Act and a local service district incorporated
or continued under that Act; (2) Paragraph
108(b) of the Act is amended by deleting the reference "Municipalities Act, 1999" and
substituting the reference "Towns
and Local Service Districts Act". RSNL1990 cY-1 Amdt. 347. Paragraph 3.1(b) of the Young Persons Offences Act is repealed
and the following substituted: (b) relating to the
regulation of traffic under the City of St. John's Act, the City of
Corner Brook Act, the City of Mount Pearl Act or the Towns and
Local Service Districts Act or a regulation or by-law regulating traffic of
a city or town incorporated or continued under any of those Acts. NLR 74/10 Amdt. 348. Paragraph 8(d) of the Cost of Consumer Credit Disclosure Regulations under the Consumer Protection and Business Practices
Act is amended by deleting the reference "Municipalities Act, 1999" and substituting the reference
"Towns and Local Service Districts
Act". NLR 26/01 Amdt. 349. Paragraph 2(h) of the Direct Equity Tax Credit Regulations under the Income Tax Act, 2000 is amended by deleting the words
"incorporated or continued under the Municipalities
Act, 1999" and substituting the words "continued under the Towns and Local Service Districts Act". NLR 59/22 Amdt. 350. Paragraph 2(b) of the Municipal Conduct Regulations under the Municipal Conduct Act is repealed and the following substituted: (b) "clerk" means a town clerk appointed under the Towns and Local Service
Districts Act or a clerk appointed under the City of Corner Brook Act,
the City of Mount Pearl Act or the City of St. John's Act; and NLR 41/12 Amdt. 351. Paragraph
2(c) of the Nuisance Animals Regulations under
the Animal Health and Protection Act
is amended by deleting the words "a municipality or local service district
continued or established under the Municipalities
Act, 1999" and substituting the words "a town continued or
incorporated under the Towns and Local
Service Districts Act or a local service district continued or incorporated
under the Towns and Local Service
Districts Act". NLR 33/18 Amdt. 352. Subparagraph
3(1)(a)(iii) of the Procurement Advisory
Council Regulations under the Public
Procurement Act is repealed and the following substituted: (iii) a town under the Towns and Local Service Districts Act, NLR 78/99 Amdt. 353. Paragraph 2(b) of the Provincial Offences Ticket Regulations, 1999 under the Provincial Offences Act is repealed and
the following substituted: (b) a provision relating
to the regulation of traffic, of the City of St. John's Act, the City
of Corner Brook Act, the City of Mount Pearl Act or the Towns and
Local Service Districts Act or of a regulation or by-law, regulating
traffic of a city or town incorporated or continued under any of those Acts; NLR 85/07 Amdt. 354. Paragraph 2(e) of the Resort Property Investment Tax Credit Regulations under the Income Tax Act, 2000 is amended by
deleting the words "incorporated or continued under the Municipalities Act, 1999" and
substituting the words "continued under the Towns and Local Service Districts Act". NLR 73/11 Amdt. 355. Paragraph 2(1)(k) of the Revenue Administration Regulations under
the Revenue Administration Act is repealed
and the following substituted: (k) "council"
means a board as defined in the Regional Service Boards Act, 2012, a
council as defined in the City of Corner Brook Act, the City of Mount
Pearl Act or the City of St. John's Act or a town council as defined
in the Towns and Local Service Districts
Act and includes a local service district incorporated or continued under
the Towns and Local Service Districts Act
and not-for-profit corporations, including regional waste management
authorities, established exclusively for the delivery of municipal services; SNL1999 cM-24 Rep. 356. The Municipalities
Act, 1999 is repealed. Commencement 357. This Act, or a section, subsection, paragraph or
subparagraph of this Act, comes into force on a day or days to be proclaimed by
the Lieutenant-Governor in Council. ©King's
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