This is an official version.

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

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Revised Statutes of Newfoundland 1990


CHAPTER C-16

AN ACT RESPECTING THE CITY OF MOUNT PEARL

Analysis

1. Short title

2. Definitions

PART I
CITY CONTINUED

3. City continued

4. Publication of boundary

5. Feasibility report

6. Intent to order report

7. Coat of Arms

8. Use of Coat of Arms

9. Seal

10. Seal required

11. Flag

PART II
COUNCIL

12. Council continued

13. Mayor and councillors

14. Wards

15. Term of office

16. Oath or affirmation of office

17. Remuneration and expenses

18. Regulations re remuneration

19. Vacancy in council

20. Vacancies

21. Appeal to Trial Division

22. Conflict of interest

23. Interpretation

24. Disclosure

25. Decision of council

26. Disclosure statement

27. Presiding officer

28. Deputy mayor

29. Duties

30. Authority of council

31. Frequency of meetings

32. Presiding officer

33. Points of order

34. Quorum

35. Absence of quorum

36. Voting

37. Rules of procedure

38. Regulations

39. Notice prior to regulations

40. Publication

41. Public meetings

42. Committees

43. State of emergency

44. Permits

45. Public tenders

46. Inspection of documents

47. Copies of documents

48. Proof of documents

49. Authentication of documents

50. Actions

51. Agent

52. Joint ventures

53. Plebiscites

54. Private services

PART III
STAFF

55. Appointment of manager

56. Appointment as clerk

57. Acting manager

58. Duties

59. Overall power of council

60. Attendance at meetings

61. Right to speak

62. Use of employees

63. Report of disagreement

64. Expenditures

65. Emergency expenditures

66. Recommendation of manager

67. Delegation

68. Appointment of clerk

69. Appointment as manager

70. Acting clerk

71. Oaths or affirmations

72. Duties

73. Attendance at meetings

74. Departments

75. Responsibility

76. Salary

77. City engineer

78. Treasurer

79. City planner

80. Director of recreation

81. Fire chief

82. Tenure

83. Dismissal

84. Retirement

85. Suspension

86. Positions

87. Employment, etc.

88. Transfer after annexation

89. Bonding

90. Pension scheme

91. Regulations

92. Portability

93. Group insurance

94. Eligibility

95. Contributions

96. Training

PART IV
FINANCE

97. Financial year

98. Bank account

99. Mechanical signatures

100. Interest on overdue accounts

101. Annual budgets

102. Balanced budget

103. Contents of budget

104. Revised budget

105. Effect of budget

106. Partnership budgeting

107. Books of account

108. Financial statement

109. Appointment of auditor

110. Appointment by minister

111. Auditor's powers

112. Auditor's report

113. Time of completion

114. Copy to minister

115. Interim report

116. Short term borrowing

117. Long term borrowing

118. Capital budget

119. Unauthorized expenditure

120. Certificate

121. Currency

122. Signature of debentures

123. Powers of expenditure

124. Donations

125. Guaranteed loans expenditure

PART V
TAXES

126. Imposition of taxes

127. Tax rates fixed annually

128. Instalment payments

129. Effect of extensions

130. Duration of tax

131. Interest on arrears

132. Discount allowed

133. Publication of taxes

134. Proof of valid tax

135. Real property tax

136. Rate of tax

137. Minimum tax

138. Occupier deemed owner

139. Tenant of tax exempt property

140. Representative capacity

141. Tax exempt property

142. Supplementary assessment effect

143. Payment when appeal

144. Business tax

145. Rate where no fixed place of business

146. Gross revenue

147. Rate where property tax

148. Variation of rate

149. Amounts

150. Poll tax

151. Exemption from poll tax

152. Employer's duty

153. Water and sewage tax

154. Method of taxation

155. Special users

156. Disconnection of service

157. Exemption and remission

158. Collection as civil debt

159. Lien for taxes

160. Tax certificate

161. Right of mortgagee

162. Seizure of rentals

163. Service of notice

164. Payment of rent

165. Right to distrain

166. Penalty

167. Assessments

168. Method

169. Agricultural land

170. Non-discriminatory

171. Payment

172. Lien

173. Service levy

174. Restriction on levy

175. Method

176. Payment

177. Lien

178. Collection as civil debt

PART VI
SERVICES

179. Water and sewage systems

180. Acquisition of private system

181. Right of entry to survey

182. Right of entry to construct

183. Right to construct

184. Reasonable notice to owner

185. Diversion of watercourses

186. Compensation for injurious affection

187. Regulations

188. Ownership of roads

189. Private roads

190. Construction

191. Closing

192. Private construction

193. Construction on roads

194. Street reservations

195. Expropriation

196. Removal of projections

197. Parking lots

198. Street lighting

199. Road names

200. Removal of vehicles

201. Regulation of vehicles

202. Regulations

203. Other regulations

204. Recreational facilities

205. Regulations

206. Grants and loans

207. Collection, etc. of waste

208. Charges

209. Removal of waste

210. Regulations

211. Municipal enforcement officers

212. Powers

213. Agreements re policing

214. Agreement re jails

215. Fire department

216. Regulations

217. Fire Code

218. Agreements

219. Power of chief officer

220. Pulling down buildings

221. Right re traffic

222. Power to enter building

223. Other fire department

224. Offences

225. Public transportation system

226. Transportation Commission

227. Franchise

228. Waiting areas

229. Taxis

230. Public libraries

231. Cemeteries

232. Sale or lease

233. Consent required

234. Regulations

PART VII
CONTROLS

235. Building

236. Building regulations

237. Building Code

238. Removal of building

239. Order not obeyed

240. Appeal

241. Water and sewage

242. Regulations

243. Removal

244. Consequential

245. Storm drainage

246. Regulations

247. Removal

248. Consequential

249. Signs

250. Regulations

251. Removal

252. Consequential

253. Car parks

254. Regulations

255. Removal

256. Consequential

257. Sales from vehicles

258. Removal

259. Consequential

260. Shop closing

261. Pornographic materials

262. Curfew

263. Animals other than dogs

264. Dog control

265. Place of entertainment

266. Regulations

267. Stop order

268. Consequential

269. Definition

270. Bicycles

271. Recreational vehicles

272. Heritage areas

273. Building control

274. Heritage advisory committee

275. Removal

276. Consequential

277. Business improvement areas

278. Nuisances

279. Stop order

280. Consequential

PART VIII
EXPROPRIATION

281. Expropriation

282. Right of entry

283. Method of expropriation

284. Compensation

285. Board of assessors

286. More than 1 owner

287. Oath or affirmation

288. Award of board

289. Powers of board

290. Appeal

291. Technical objection

292. Time of award

293. Compensation

294. Leasehold interest

295. Transfer of land

296. Costs

297. Fees

298. Register

299. Notice

300. Registration of notice

301. Duty to provide title

302. Payment into court

303. Payment out of court

304. Sale of expropriated land

PART IX
RECEIVERSHIP

305. Receivership

306. Effect of order

307. Ministerial direction

308. Duty of officers

309. Powers of receiver

310. Books of account

311. Receiver's records

312. Application of money

313. Payment of receiver

PART X
ELECTIONS PROCEDURES

314. Interpretation

315. Presence of agents

DIVISION A
ELECTIONS GENERALLY

316. General elections

317. Special elections

318. By-elections

319. Filling vacancies

320. Appointment where no quorum

DIVISION B
ELECTION ORGANIZATION

321. Returning officer

322. Where 1 poll

323. Polling divisions

324. Wards

325. Absence of deputy returning officer

326. Ineligible persons

327. Nominations

328. Notice

329. Qualifications

330. Nomination procedure

331. Declaration of qualification

332. Illness of candidate

333. Deposit

334. Notice of candidates

335. Acclamation

336. Grant of poll

337. Voters

338. Place of voting

339. Prohibition

340. Rules of residency

DIVISION C
VOTING

341. Oath or affirmation of voters

342. Advance polls

343. Notice

344. Administration

345. Elector at advance poll

346. Record of advance poll

347. Impeditive voter

348. Ballot papers

349. Election materials

350. Directions for voters

351. Voters' lists

352. Publication of lists

353. Correction on list

354. Effect of list

355. Use of list

356. Offences by officer

357. Opening and close of poll

358. Compartments

359. Who may be present

360. Removal of persons

361. Maintaining order

362. Ballot box exhibited

363. Oaths or affirmations

364. Stating of name

365. Checking list

366. Names of voters

367. Noting of objections

368. Noting of oath

369. Refusal to take oath

370. Delivery of ballot paper

371. How proxy votes

372. Explanation of voting procedure

373. Initialling of ballot paper

374. Voting

375. Entrance to compartment

376. Removal of ballot paper

377. Failure to deposit

378. Disabled voter

379. Voting in hospitals, etc.

380. Spoiled ballot

381. Counting of ballots

382. Rejected ballots

383. Objections

384. Account of ballots

385. Election report

386. Oath of poll clerk

387. Disposition of documents

388. Delivery of ballot box

389. Time of sealing of ballot boxes

390. Declaration of result

391. Tie vote

392. Election report

393. Official's offences

394. Improper voting

395. Request for recount

396. Persons present at recount

397. Recount

398. Provincial Court recount

399. Declaration of result

400. Election expenses

DIVISION D
ELECTION PETITIONS

401. Petitions

402. Petition re no return

403. Deemed respondent

404. Joining of respondents

405. Form of petition

406. Limitation period

407. Amendment of petition

408. Petition re no return

409. Counter-petition

410. Presentation of petition

411. Security for costs

412. Service of petition

413. Preliminary objections

414. Answer

415. Time of trial

416. Notice of trial

417. Adjournment of trial

418. Judge's certificate

419. Report where corrupt practices

420. Invalidation of election

421. Special case stated

422. Charge of corrupt practice

423. Ministerial action

424. Consolidation of petitions

425. Withdrawal of petition

426. Abatement of petition

427. Substituted petitioners

428. Taxation of costs

429. Powers of court

430. Procedure

431. Minor corrupt practice

432. Unintentional corrupt practice

433. Effect of mistakes

434. Illegal payments

435. Intimidation

436. Interference

437. General penalty

PART XI
OFFENCES

438. General penalty

439. Continuing offence

440. Representation

441. Prosecutions

442. Disposition of fines

Schedule A

Schedule B

Schedule C


Short title

1. This Act may be cited as the City of Mount Pearl Act.

1988 c35 s1

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Definitions

2. In this Act

(a) "building" includes those structures commonly known as mobile homes or trailers that are adopted for use as residences, shops or offices;

(b) "city" means the City of Mount Pearl continued by this Act;

(c) "council" means the Mount Pearl City Council referred to in section 12;

(d) "councillor" includes the mayor and an appointed councillor;

(e) "election" includes a by-election;

(f) "minister" means the Minister of Municipal and Provincial Affairs;

(g) "municipality" means a municipality under the Municipalities Act; and

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

1988 c35 s2; 1989 c30 Sch B

PART I
CITY CONTINUED

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City continued

3. (1) The inhabitants within the area set out in Schedule A are continued as a corporation under the name: "the City of Mount Pearl".

(2) The Lieutenant-Governor in Council may by order on the recommendation of the minister and subject to a feasibility report prepared under section 5, establish and alter the boundaries of the city and amalgamate towns or communities with the city or annex areas to the city.

1988 c35 s3

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Publication of boundary

4. (1) In addition to the requirements for publication in the Gazette under the Statutes and Subordinate Legislation Act, an order made under section 3 shall be published by the minister in a newspaper having general circulation in the city, and by public notice posted in the city.

(2) An order made under section 3 shall have effect from the date of the publication in the Gazette or an earlier or later date that may be stated in the order and the date may be either before or after the date on which the order is made.

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

1988 c35 s4

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Feasibility report

5. (1) The minister shall order the preparation of a feasibility report in the prescribed form before the making of a recommendation for an order of the Lieutenant-Governor in Council under section 3 and shall appoint a person to prepare a report.

(2) The person preparing the feasibility report has the powers of a commissioner under the Public Inquiries Act.

(3) The person preparing the feasibility report shall hold public hearings in relation to the preparation of the report.

1988 c35 s5

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Intent to order report

6. (1) Before the ordering of a feasibility report by the minister under section 5, the minister shall publish a notice of his or her intent to do so in a newspaper having general circulation in the city, and by public notice posted in the area.

(2) Where a notice of intent is to be published by the minister under subsection (1) that directly affects a municipality, the minister shall give a prior notification of his or her intent to publish it to the council of that municipality.

1988 c35 s6

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Coat of Arms

7. (1) The Lieutenant-Governor in Council may, by order, on the request of the minister, proclaim a Coat of Arms for the City.

(2) An order made under subsection (1) shall be published in the Gazette under the Statutes and Subordinate Legislation Act and shall be published by the minister in a newspaper having general circulation in the city and by public notice posted in the city.

1988 c35 s7

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Use of Coat of Arms

8. Except with express permission granted by resolution of the council, no person other than the council, shall assume or use the Coat of Arms or an imitation of it or resemblance to it.

1988 c35 s8

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Seal

9. The council shall have a corporate seal that may be changed by the council.

1988 c35 s9

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Seal required

10. (1) The corporate seal of the council is to be affixed to an agreement, contract, deed or document to which the council is a party and which, in order to bind a corporation, is required to be authenticated by a seal.

(2) An agreement, contract, deed or document under the corporate seal is to be signed by

(a) the mayor, or in the absence of the mayor, the deputy mayor or in his or her absence, by a member of council designated for the purpose; and

(b) the city manager or the city clerk or in their absence, the person appointed under section 57 to act for the city manager.

1988 c35 s10

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Flag

11. (1) The Lieutenant-Governor in Council may, by order, on the request of the minister, proclaim an official flag for the city.

(2) An order made under subsection (1) shall be published in the Gazette under the Statutes and Subordinate Legislation Act and shall be published by the minister in a newspaper having general circulation in the city and by public notice posted in the city.

(3) The official flag of the city may be flown at all official places and on all official occasions of the city, and at those other places and occasions that the council may approve.

1988 c35 s11

PART II
COUNCIL

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Council continued

12. (1) The control and management of the city are vested in a council which is a corporation under the name of the Mount Pearl City Council.

(2) All property, assets, powers, rights, obligations and liabilities of the council holding office before July 21, 1988 continue to be vested in or charged against the council under this Act.

1988 c35 s12

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Mayor and councillors

13. (1) The council shall consist of a mayor and not less than 5 nor more than 10 persons as prescribed by the minister and the mayor and councillors shall be elected in accordance with Part X.

(2) The mayor shall be elected at large by a separate election.

1988 c35 s13

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Wards

14. (1) Subject to the approval of the Lieutenant-Governor in Council, the council may by a 2/3 vote of the councillors in office at the time of the vote, divide the city into 2 or more wards, define the boundaries of the wards and fix the number of councillors to be elected for each ward.

(2) Where the council fixes a number of councillors to be elected for each ward, the council may also fix a number of councillors to be elected at large.

1988 c35 s14

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Term of office

15. The term of office of all councillors, whether elected or appointed, expires when the number of newly elected councillors sufficient to constitute a quorum are sworn or affirmed into office.

1988 c35 s15

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Oath or affirmation of office

16. (1) A person is not qualified to serve as a councillor and shall not take or sign the oath or affirmation of office, unless he or she is qualified to be elected as councillor and has been declared to be so elected, in the manner authorized by this Act.

(2) Each councillor shall, before entering on the duties of his or her office, take and sign the following oath or affirmation of office before the returning officer, clerk, justice of the peace or commissioner for oaths:

"I, A.B., swear (or affirm) and say that I am fully qualified as required by law for the office of councillor of the City of Mount Pearl and that I will to the best of my ability faithfully perform the duties of councillor while I hold office." (Where an oath is taken, add "So help me God".).

(3) When a person takes the oath or affirmation of office, the clerk shall enter a certificate in the minute book of the council that the oath or affirmation has been taken by that person.

1988 c35 s16

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Remuneration and expenses

17. The council

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

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

1988 c35 s17

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Regulations re remuneration

18. (1) The council shall make regulations

(a) setting out a scale of remuneration for the mayor, deputy mayor and councillors; and

(b) setting out rules as to the amount of reimbursement for expenses, that may be paid out under paragraph 17(b).

(2) Payments made under section 17 are to be paid out of the funds of the council and are not to be considered as salary or remuneration in respect of which the office of a councillor shall be declared vacant by resolution of the council.

1988 c35 s18

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Vacancy in council

19. (1) Where a vacancy occurs in the office of mayor, the deputy mayor shall assume the office of mayor for the remainder of the mayor's term and has the powers and shall exercise the duties of the mayor.

(2) Where a vacancy occurs in the office of a councillor or the number of councillors is increased prior to 12 months before the expiration of the term of office of the council, the council shall order a by-election for a councillor to hold office for the unexpired term of the council.

(3) A by-election held under subsection (2) shall be held in the same manner as an election held under Part X, and shall take place within 3 months of the vacancy or increase in the council.

(4) Where no person is nominated for a by-election held under subsection (2) and the minister does not appoint a person to fill the vacancy or the number of councillors is not reduced within 1 month of nomination day, the council shall call a new by-election under this section.

(5) Where a by-election is held as a result of an increase in the number of councillors to represent an area added to the city, the qualifications of voters and candidates in that area are to be determined as if the by-election is the 1st election held after the establishment of a town under the Municipalities Act.

(6) The council may defer a by-election to be held under this section for periods not exceeding 1 year in total.

1988 c35 s19

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Vacancies

20. (1) The office of a councillor becomes vacant

(a) where he or she resigns in writing, from the date specified in the resignation, or where no date is specified, from the date when the councillor files the resignation with the city clerk or, where the councillor resigns at a meeting of the council, from the time he or she so resigns;

(b) where the council is dismissed under the Department of Municipal and Provincial Affairs Act or where he or she is dismissed as a member of the council; or

(c) where the council declares the office vacant under subsection (2).

(2) The council shall, by resolution, declare vacant the office of an elected councillor where he or she

(a) fails to disclose a conflict of interest in a matter being discussed by the council;

(b) stops being ordinarily resident in the city;

(c) has been absent from the city for more than 1 year;

(d) becomes indebted to the council for arrears of taxes for a prior year;

(e) without leave of the council

(i) neglects to be sworn or affirmed into office within 2 months after his or her election, or

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

(f) accepts, without the prior approval of the minister, an office or employment under the council to which a salary or remuneration, not including an honorarium, payable out of the funds of the city is attached.

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

(4) A councillor who sits or acts as a councillor after his or her office becomes vacant is guilty of an offence and is liable on summary conviction to a fine of not more than $20 for each time he or she so sits or acts.

1988 c35 s20

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Appeal to Trial Division

21. (1) A councillor who is aggrieved by a resolution made under subsection 20(2) may appeal to a judge of the Trial Division by filing a notice of appeal with the Registrar of the Supreme Court within 21 days of the date on which the resolution was made and upon paying into the court the sum, or upon giving a bond for the sum, that the judge considers sufficient to defray the costs of the appeal.

(2) A copy of the notice of appeal shall be filed with the city clerk by the appellant or his or her solicitor.

(3) The notice of appeal shall set out in detail the allegations of the appellant and the grounds of the appeal and shall be signed by the appellant or his or her solicitor.

(4) The appellant shall, within 14 days after the service of the notice of appeal under this section, apply to the judge for the appointment of a day for the hearing of the appeal and shall, not less than 14 days before the hearing of the appeal, serve upon the Registrar of the Supreme Court a written notice of the day appointed for the hearing.

(5) The city clerk shall produce before the judge all papers and documents in the possession of the council relevant to the appeal.

(6) The judge shall hear the appeal and the evidence brought forward by the appellant and the council in a summary manner and shall decide the matter of the appeal by

(a) upholding, amending or revoking the resolution after consideration of the applicability to the appeal of the matters set out in subsection 20(2); or

(b) making another decision that the judge considers to be appropriate in the circumstances.

(7) The judge may make an order as to costs either for or against the appellant or the council, and may fix the amount of the costs.

1988 c35 s21

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Conflict of interest

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

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

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

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

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

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

1988 c35 s22

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Interpretation

23. In order for an interest to be considered as one falling within the prohibition set out in subsection 22(1) it must be an interest separate and distinct from an interest held in common with the other citizens of the city or a class of citizens.

1988 c35 s23

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Disclosure

24. (1) Where a councillor has an interest as set out in section 22, the councillor shall declare that interest and the nature of that interest at the beginning of discussion on the matter in which he or she has the interest.

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

(3) Where the councillor declaring a conflict of interest under subsection (1) does so at a privileged meeting, he or she shall leave that meeting while the matter giving rise to a conflict of interest is being discussed.

1988 c35 s24

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Decision of council

25. (1) Where a councillor is in doubt as to whether he or she has an interest that is a conflict of interest under section 22, the councillor shall make a disclosure and the council may decide the question by majority vote and its decision on the matter is final.

(2) A councillor who makes a disclosure under subsection (1) shall not be considered a councillor for purposes of determining the majority vote.

1988 c35 s25

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Disclosure statement

26. (1) The council may provide that its councillors and those of its employees that it may designate complete a disclosure statement in a form prescribed by the council setting out, in the manner that the council prescribes, the interest of a councillor and employee that may place him or her in a conflict of interest.

(2) The council may provide that disclosure statements filed under subsection (1) by the councillors be made available for public access.

1988 c35 s26

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Presiding officer

27. The mayor is the presiding officer of the council and is the official head of the city for ceremonial purposes.

1988 c35 s27

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Deputy mayor

28. (1) At the 1st meeting after the election, or where the position becomes vacant, the mayor and councillors shall elect 1 of the councillors to be deputy mayor.

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

1988 c35 s28

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Duties

29. The mayor

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

(b) shall exercise the powers and perform the duties that may be conferred or imposed upon the mayor by the council, this Act or the regulations.

1988 c35 s29

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Authority of council

30. The mayor is subject to the direction and control of the council and shall abide by a decision of the council.

1988 c35 s30

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Frequency of meetings

31. (1) The council shall meet at least once a month for the dispatch of general business at the call of the clerk, which call shall be made upon the request of the mayor, or upon the written request by any 2 councillors, and shall meet at other times in the same manner.

(2) A schedule of the regular monthly meetings to be held under subsection (1) shall be approved annually by resolution of the council and shall set out the date, time and place of the regular meetings.

(3) Special meetings of the council shall be called by the clerk upon the request of the mayor or any 2 councillors.

(4) Where a special meeting is called under subsection (3), the clerk shall give notice of the meeting to all members of the council by delivering a notice to a councillor

(a) in person;

(b) at his or her place of residence; or

(c) at the councillor's place of business at least 24 hours before the time set for the meeting.

1988 c35 s31

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Presiding officer

32. (1) The mayor, and in the absence of the mayor, the deputy mayor, shall preside at all meetings of the council.

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

(3) The mayor or person presiding at a meeting of council may, where he or she wants to enter debate, be replaced as the presiding officer by the deputy mayor or temporary chairperson for the time during which the mayor or person presiding is speaking.

1988 c35 s32

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Points of order

33. (1) The decision of the presiding officer on a point of order is subject to an appeal to the council that is to be decided without debate.

(2) The procedure for appealing a decision on a point of order is as follows:

(a) the councillor wishing to appeal the ruling shall state: "I appeal the ruling of the presiding officer.";

(b) the presiding officer shall then immediately put the question, without debate, as follows: "It is moved that the presiding officer's ruling be upheld.";

(c) the motion is carried or defeated by majority vote in the same manner as other disputed motions are decided.

1988 c35 s33

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Quorum

34. A majority of the number of councillors that may be elected for the city constitute a quorum for the purposes of a meeting of the council.

1988 c35 s34

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Absence of quorum

35. Where the number of councillors holding office is less than a quorum, the clerk shall within 24 hours notify the minister of that fact and the minister may authorize the councillors remaining in office to perform all or those of the functions of the council that the minister may prescribe.

1988 c35 s35

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Voting

36. (1) Unless otherwise provided, a disputed question before the council is to be decided by a majority vote of the councillors in attendance at the meeting, inclusive of the presiding officer.

(2) Notwithstanding subsection (1), where a councillor abstains from voting on a disputed question a decision is not to be taken on that question unless the number of councillors in favour of the question is equivalent to or more than a majority of the councillors in attendance at the meeting, inclusive of the presiding officer.

(3) Where there is a tie vote on a question, the question shall be raised at the next meeting of the councillors and if the vote on the question at that meeting is a tie vote, the motion shall be considered to be lost.

1988 c35 s36

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Rules of procedure

37. The council shall adopt rules of procedure for its meetings.

1988 c35 s37

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Regulations

38. (1) Regulations made by the council under this Act shall be adopted by resolution of the council.

(2) A copy of regulations passed by the council and certified by the city clerk shall be sent to the minister by the city clerk within 14 days of their adoption by the council.

1988 c35 s38

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Notice prior to regulations

39. A regulation or an amendment or repeal of the regulation, shall not be considered by the council without written notice having been given at a previous meeting.

1988 c35 s39

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Publication

40. (1) Where a regulation is passed by the council under this Act, there shall be published in a newspaper having general circulation in the city either a copy of the regulation or a notice setting out concisely the object and the date of passing of the regulation and a statement that a person who wishes to view the regulation may do so at the office of the city clerk of the Mount Pearl City Council at City Hall and a person who wishes to obtain a copy may obtain it at that office upon the payment of a reasonable charge, as established by the council.

(2) Upon publication of the notice referred to in subsection (1) in a newspaper, the regulation shall come into force on the date of publication or on an earlier or later date that may be noted in the regulation.

1988 c35 s40

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Public meetings

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

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

(3) Where a decision is made by the councillors at a privileged meeting, the decision, in order to be valid, shall be ratified at a public meeting of the council.

1988 c35 s41

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Committees

42. The council may establish those standing or special committees that it considers desirable to consider matters referred to them by the council and make recommendations to the council.

1988 c35 s42

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State of emergency

43. (1) Where, in the opinion of the council or a person or group so authorized by the council, an emergency exists because of a real or anticipated occurrence or disaster which endangers or is likely to endanger the health or safety of some or all of the population of the city, the council or the mayor where previously authorized by the council, may declare a state of emergency in the city or a part of it.

(2) Where a state of emergency is declared under subsection (1), the council or the mayor where previously authorized by the council, may order

(a) the closing of or the hours of operation of businesses and schools or a class of them, in the city;

(b) the banning or controlling of public gatherings;

(c) the evacuation of buildings;

(d) the restriction or prohibition of the use of vehicles or a class of them on the streets of the city;

(e) the restriction or prohibition of the use of water in the city; and

(f) other action that the council considers necessary.

1988 c35 s43

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Permits

44. The council may, by regulation, require the obtaining of permits or licences in respect of anything that may be done or may be permitted to be done under this Act or the regulations, and may

(a) fix the fees payable for the permits and licences;

(b) provide for conditions to be attached to the permits and licences;

(c) provide for the issuing of temporary permits and licences; and

(d) provide for the length of a permit and licence and their revocation.

1988 c35 s44

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Public tenders

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

1988 c35 s45

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Inspection of documents

46. (1) The following documents shall be retained by the city clerk and made available for public inspection during the normal business hours of the council:

(a) minutes of the council;

(b) assessment and tax rolls;

(c) regulations;

(d) voters' lists;

(e) official plans;

(f) opened public tenders;

(g) financial statements;

(h) auditor's reports;

(i) budgets;

(j) contracts;

(k) orders;

(l) permits and licences; and

(m) all other documents adopted at a public meeting by minute of council.

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

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

(b) may make extracts from the documents, and may, where the council has copying equipment, have a copy made of the documents upon payment of the fee that may be prescribed by the council.

1988 c35 s46

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Copies of documents

47. Where an action has started in a court and the city clerk is satisfied or the court has ordered that an extract from a document in the possession of or under the control of the city clerk is required in evidence in the action, the city clerk shall, upon payment of the charge that may be prescribed by the council, provide to the person requiring the extract a certified copy of the extract with the seal of the council attached to it.

1988 c35 s47

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Proof of documents

48. An extract provided under section 47 purporting to be certified by the city clerk and having the seal of the council attached to it shall be received in evidence as, in the absence of evidence to the contrary, proof of the extract without proof of the appointment or signature of the city clerk or the seal of the council.

1988 c35 s48

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Authentication of documents

49. All deeds and documents to which the council is a party and to which a seal is necessary are to be authenticated by the seal of the council.

1988 c35 s49

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Actions

50. (1) An action shall not be started against the council or against an employee, servant, agent or contractor of the council for anything done in pursuance of this Act, until 1 month after written notice has been delivered to the city clerk or left at the place of meeting of the council by the party who intends to institute the action or by his or her attorney or agent.

(2) The cause of action, the name and place of residence of the party and the name and place of residence of his or her attorney or agent are to be clearly set out in the notice made under subsection (1).

1988 c35 s50

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Agent

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

1988 c35 s51

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Joint ventures

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

1988 c35 s52

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Plebiscites

53. (1) The council may, by a vote of 2/3 of the councillors in office, hold a plebiscite in the city for the purpose of determining the views of the voters in the city 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 be held in accordance with Part X of this Act, with the necessary changes.

1988 c35 s53

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Private services

54. The council may contract to do work, supply goods or provide a service not authorized for the council under this Act where it has equipment, staff or goods surplus to its needs and charges normal commercial rates so long as the service is not otherwise ordinarily provided by a person.

1988 c35 s54

PART III
STAFF

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Appointment of manager

55. The council may by a vote of 2/3 of the councillors in office, appoint a city manager, who is to be paid a salary to be fixed by the council.

1988 c35 s55

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Appointment as clerk

56. The city manager may be appointed city clerk or acting city clerk in addition to his or her other duties under this Act.

1988 c35 s56

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Acting manager

57. (1) Where the office of city manager is vacant, or the city manager is unable to carry out his or her duties, the council may by resolution appoint a person to act as city manager and fix his or her salary.

(2) The acting city manager has and may exercise the powers and shall carry out the duties of the city manager.

(3) Notwithstanding subsection (1), where the city manager is temporarily absent or unable to carry out his or her duties, the city manager may, subject to change by the council, designate a person as acting city manager.

1988 c35 s57

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Duties

58. (1) The city manager is the chief executive and administrative officer of the council and head of its administrative branch and is responsible to it for the proper planning, execution, conduct and the proper administration of the affairs of the council in accordance with the policies determined by the council.

(2) The specific duties of the city manager are as set out in Schedule B entitled "Manager".

1988 c35 s58

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Overall power of council

59. (1) The city manager shall not disobey, disregard or overrule a decision of the council.

(2) Where it is provided that the city manager may or shall make a recommendation, the council shall receive and consider the recommendation, but it is not bound to follow it nor is a recommendation of the city manager a condition precedent to action by a council.

1988 c35 s59

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Attendance at meetings

60. The city manager shall attend, or be represented by his or her designate, at all meetings of the council, and may at the discretion of the council attend meetings of the committees, but has no vote.

1988 c35 s60

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Right to speak

61. The city manager may take part in the discussion of all matters coming before a meeting of the council or its committees.

1988 c35 s61

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Use of employees

62. The city manager may use the services of the heads of departments and of all other employees of the council for the purpose of carrying out his or her duties.

1988 c35 s62

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Report of disagreement

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

1988 c35 s63

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Expenditures

64. The city manager may make or authorize the making of expenditures for the purchase of equipment, supplies, work or other thing required for the carrying on of the business of council, and the city manager may enter into contracts for those purchases on behalf of the council

(a) where the expenditure does not exceed in any 1 case, the amount to be prescribed by council, without reference to the council; and

(b) where the expenditure exceeds in any 1 case the prescribed amount under paragraph (a), with the prior approval by resolution of the council.

1988 c35 s64

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Emergency expenditures

65. Notwithstanding section 64, where, in the opinion of the city manager, the immediate expenditure of an amount in excess of the prescribed amount under paragraph 64(a) is necessary to meet an emergency situation, the city manager may make that expenditure without the prior approval of the council and shall report on it to the council at its next meeting.

1988 c35 s65

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Recommendation of manager

66. (1) Where an expenditure in excess of the prescribed amount under paragraph 64(a) in any 1 case is proposed, the council shall not make the expenditure until it has requested the recommendations of the city manager with respect to it.

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

(3) The council is not bound to adopt recommendations made to it by the city manager under subsection (1).

1988 c35 s66

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Delegation

67. (1) The city manager may delegate some or all of his or her powers and duties to those officers of the council that he or she considers appropriate, except those of his or her powers and duties that the council specifically exempts from delegation.

(2) Notwithstanding subsection (1), in the case of an emergency, the city manager may delegate his or her powers without reservation.

1988 c35 s67

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Appointment of clerk

68. The council shall, by a vote of 2/3 of the councillors, appoint a city clerk, who is to be paid a salary to be fixed by the council.

1988 c35 s68

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Appointment as manager

69. The city clerk may be appointed city manager or acting city manager in addition to his or her other duties under this Act.

1988 c35 s69

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Acting clerk

70. (1) Where the office of city clerk is vacant, or the city clerk is unable to carry out his or her duties, the council shall appoint a person to act as city clerk and fix that person's salary.

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

1988 c35 s70

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Oaths or affirmations

71. The city clerk may administer oaths, affirmations and take and receive affidavits for the purposes of this Act.

1988 c35 s71

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Duties

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

(2) The specific duties of the city clerk, are as set out in Schedule B entitled "Clerk".

1988 c35 s72

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Attendance at meetings

73. The city clerk shall attend, or be represented by his or her designate, at all meetings of the council and at the discretion of council may attend meetings of its committees, but has no vote at a meeting.

1988 c35 s73

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Departments

74. (1) The council may establish departments and appoint the following department heads:

(a) city engineer;

(b) treasurer;

(c) city planner;

(d) city recreation director;

(e) fire chief; and

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

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

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

1988 c35 s74

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Responsibility

75. (1) The department heads are responsible to the city manager.

(2) The city clerk shall be considered to be a department head.

1988 c35 s75

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Salary

76. A department head is to be paid a salary fixed by the council.

1988 c35 s76

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City engineer

77. (1) The city engineer is responsible for the design, construction, operation and maintenance of city works and equipment.

(2) The specific duties of the city engineer, are as set out in Schedule B entitled "Engineer".

1988 c35 s77

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Treasurer

78. (1) The treasurer is responsible for the financial management of the city.

(2) The specific duties of the treasurer are as set out in Schedule B entitled "Treasurer".

1988 c35 s78

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City planner

79. (1) The city planner is responsible for the formulation of the long term objects and strategies to be recommended to the council to guide the future development of the city and for the preparation of plans for the orderly development of the city.

(2) The specific duties of the city planner, are as set out in Schedule B entitled "Planner".

1988 c35 s79

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Director of recreation

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

(2) The specific duties of the director of recreation, are as set out in Schedule B entitled "Director of Recreation".

1988 c35 s80

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Fire chief

81. (1) The fire chief is responsible for the organization, training and operation of the city fire department and for fire prevention and fire protection within the city.

(2) The specific duties of the fire chief, are as set out in Schedule B entitled "Fire Chief".

1988 c35 s81

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Tenure

82. The city manager and department heads hold office during the pleasure of the council.

1988 c35 s82

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Dismissal

83. (1) The city manager or department head may be dismissed by a vote of 2/3 of the councillors in office at a meeting called in accordance with subsection (2), where the vote to dismiss is confirmed by a similar vote at a meeting of the councillors held not earlier than 1 month after the meeting at which the 1st vote to dismiss was carried.

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

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

(b) a copy of the notice addressed to the person who is the subject of the motion is served on him or her personally or by leaving it at the person's latest known address at least 1 week before the date of the meeting of the council at which the motion to dismiss is to be made.

1988 c35 s83

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Retirement

84. The city manager or department heads may be retired in accordance with a pension scheme established under this Act where that person becomes qualified for a pension, allowance or gratuity under that pension scheme.

1988 c35 s84

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Suspension

85. (1) Where the council is of the opinion that the city manager or a department head has grossly misconducted himself or herself in the performance of his or her duties or in the exercise of his or her powers under this Act, the council may, by a vote of 2/3 of the councillors in office, suspend the city manager or a department head from office for a period not in excess of 1 month.

(2) Where the dismissal procedure is taken under section 83, the period of suspension shall continue until that procedure is completed, and where the dismissal procedure is started, it shall be concluded within 2 months of the date of the beginning of the suspension.

(3) The suspended person is not entitled to be paid his or her regular salary during the initial 1 month period of suspension unless the suspension is later found to be unwarranted by the council.

1988 c35 s85

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Positions

86. (1) The council may establish positions for the administration of the city and determine the salary for each position.

(2) The 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 the positions.

(3) The council shall seek the recommendations of the city manager before exercising its powers under subsections (1) and (2).

1988 c35 s86

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Employment, etc.

87. (1) The city manager may, on behalf of the council and after consultation with the head of the department concerned, employ, discipline, suspend or dismiss an employee of the council, other than a department head.

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

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

(4) The council itself may employ, discipline, suspend or dismiss an employee of the council, subject to subsections (2) and (3), after consulting with the city manager.

1988 c35 s87

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Transfer after annexation

88. Where the council decides the positions of permanent employees of the council are redundant as a result of an order annexing a municipality or a part of a municipality with the city, the minister may by order determine what positions are redundant and make those directions as to transfers that may be necessary, including directions specifying an earlier or later date from which the order shall be made effective.

1988 c35 s88

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Bonding

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

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

(3) The auditor shall, during the course of each audit, inspect the bonds entered into under this section and report on their sufficiency to the council.

(4) At a meeting to be held not later than February 15 in each year, the council shall examine the bonds entered into under this section.

1988 c35 s89

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Pension scheme

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

(2) The council shall determine

(a) whether the pensions, allowances and gratuities are to be paid

(i) by contract with the Crown in right of Canada under the Government Annuities Act (Canada),

(ii) by contract with an insurer authorized to carry on business in the province,

(iii) by contract with the Crown in right of the province, or

(iv) by other methods that the minister may approve; and

(b) the classes of employees who are to be eligible to receive a payment under the pension scheme and the amount of the payment.

(3) The council

(a) shall deduct or provide for the deduction by instalments from the salary, wages, or other remuneration of each employee who is eligible to receive a payment under the pension scheme, of the amount that the employee is to contribute under the pension scheme; and

(b) shall provide for payment of contributions to be made by the council under the pension scheme.

1988 c35 s90

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Regulations

91. (1) The council may make those regulations that in its opinion are necessary or desirable to provide for the pension scheme and for a matter connected with it for which no express provision has been made under section 90 or in respect of which only partial or imperfect provision has been made.

(2) Regulations made under subsection (1) have effect from an earlier or later date that may be prescribed in the regulations.

1988 c35 s91

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Portability

92. (1) A person, who before becoming an employee of the council, was in the employment of the Government of Canada, the government of a province, a municipality in Canada, the City of St. John's or of a corporation or institution having a pension plan may be credited, as pensionable service with the council, with the whole or part of the pensionable service credited to him or her by that employment.

(2) The council may make an agreement with a body described in subsection (1) providing for the crediting, on a reciprocal basis, of the whole or part of the pensionable service served by the employee with that body, as pensionable service with the city.

1988 c35 s92

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Group insurance

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

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

1988 c35 s93

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Eligibility

94. The council may determine the persons or a class of persons who are eligible to receive benefits under a group insurance scheme entered into under section 93.

1988 c35 s94

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Contributions

95. The council shall provide for the payment of contributions to be made by the council under a group insurance scheme and shall deduct or provide for deductions by instalments from the salary, wages or other remuneration of an employee who is eligible to receive a benefit under the scheme.

1988 c35 s95

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Training

96. The council may carry out staff training on its own or in co-operation with other councils, municipalities or bodies engaged in staff training programs and may arrange to help its employees financially and otherwise in taking those training programs.

1988 c35 s96

PART IV
FINANCE

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Financial year

97. The financial year of the council is from January 1 to December 31.

1988 c35 s97

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Bank account

98. (1) The council shall open a bank account in a bank approved by the council and shall deposit to its credit all money received by it.

(2) All cheques or orders withdrawing money from the bank account of the council shall be signed by a person designated for that purpose by the council, and countersigned by the city manager or the city clerk or treasurer.

(3) In this section "bank" includes a credit union registered under the Co-operative Societies Act.

1988 c35 s98

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Mechanical signatures

99. The city manager, the city clerk and the treasurer may impress their signatures by machinery on cheques and cheques that have been so impressed are good and valid to all intents as if the cheques had been signed in the proper handwriting of the city manager, the city clerk or the treasurer.

1988 c35 s99

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Interest on overdue accounts

100. The council may charge a rate of interest on payments due to the council so long as the rate of interest is not in excess of that provided in section 131.

1988 c35 s100

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Annual budgets

101. (1) The council shall, not later than December 1 in each year, prepare and adopt a budget containing estimates of the revenue and expenditure of the council for the next financial year and a statement showing the rate of tax that will be imposed during that year.

(2) The budget shall be in the form that the minister may prescribe and a copy shall be sent to him or her on or before December 31 in each year and a copy of the budget shall be published in a daily newspaper having general circulation in the city.

1988 c35 s101

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Balanced budget

102. The anticipated revenues and proposed expenditures of the council must balance.

1988 c35 s102

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Contents of budget

103. (1) The budget shall include only local revenue and 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 the council has considered it necessary to set aside in the financial statements a reserve from the accumulated surplus, investments of funds for specific purposes of a capital nature.

(3) The unappropriated accumulated surplus, or accumulated deficit, appearing in the audited financial statements as 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.

(4) Where the amounts of unappropriated accumulated surplus or accumulated deficit, referred to in subsection (3) are in the opinion of the council substantial, they may be credited or debited in future budgets over the period of years that may be determined by the council.

1988 c35 s103

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Revised budget

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

(2) A copy of the revised budget shall be sent to the minister within 2 weeks of its adoption.

(3) A revised budget shall not take effect until 1 month from the date of its adoption by the council.

1988 c35 s104

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Effect of budget

105. (1) The council shall not, without authorization by a 2/3 vote of the councillors in office at the time of the vote incur, enter into, contract, or become liable for, an expenditure or indebtedness beyond or in excess of the estimated amount of expenditure set out in the adopted budget or revised budget.

(2) Where under subsection (1) the council has acted to substantially increase the estimated amount of expenditure set out in the adopted budget, council shall within 30 days prepare and adopt a revised budget in the prescribed form.

1988 c35 s105

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Partnership budgeting

106. (1) Where the city has incurred major deficits in a financial year of an extent that the minister considers it advisable to do so, the minister may, by order, require the council to submit its budget or revised budget to him or her for approval and the minister may approve or disapprove a budget or revised budget so submitted to him or her.

(2) Where a minister has made an order under subsection (1), the minister may also assign an officer of his or her department to help the council in the preparation of its budget or revised budget.

1988 c35 s106

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Books of account

107. The council shall ensure that complete books of account are kept of the financial dealings of the council.

1988 c35 s107

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Financial statement

108. (1) The council shall prepare and adopt within 5 months of the end of each financial year a financial statement showing a full and detailed balance sheet and a statement of the revenue and expenditure of the council.

(2) The mayor and the treasurer shall sign the financial statement and shall attach a report that an auditor has made with respect to the financial statement.

(3) The council shall publish the financial statement, together with an auditor's report on it in a newspaper having general circulation in the city within 30 days of its adoption where there is no auditor's report, or within 30 days of the receipt of the auditor's report where there is a report.

1988 c35 s108

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Appointment of auditor

109. (1) The council shall appoint an auditor not later than July 30 in the year preceding the year in which the audit is required to be reported under section 113 to audit the accounts of the council and report on the financial statement prepared by the council.

(2) An auditor appointed under subsection (1) shall be a member of the Institute of Chartered Accountants of Newfoundland or the auditor general and his or her staff and his or her appointment remains in effect until it is revoked by the council.

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

1988 c35 s109

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Appointment by minister

110. Where the council does not appoint an auditor within the time set out in section 109 or the auditor is not a qualified person under that section, the minister shall appoint an auditor to audit the accounts of the council and report on the financial statement prepared by the council.

1988 c35 s110

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Auditor's powers

111. An auditor may call for, and the council shall supply, all books and vouchers of the council that the auditor considers necessary to enable him or her to properly audit its accounts.

1988 c35 s111

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Auditor's report

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

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

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

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

(d) the adequacy of the safeguards against fraud;

(e) the sufficiency of bonds entered into under section 89; and

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

1988 c35 s112

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Time of completion

113. The auditor shall complete and submit a report on his or her audit within 5 months of the end of the financial year being audited.

1988 c35 s113

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Copy to minister

114. The council shall send a copy of the audit to the minister within 30 days of its receipt.

1988 c35 s114

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Interim report

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

1988 c35 s115

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Short term borrowing

116. (1) The council may borrow sums of money for current account purposes.

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

(3) All amounts borrowed under subsection (1) shall be repaid on or before the end of the financial year in which the borrowing takes place.

1988 c35 s116

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Long term borrowing

117. Subject to the approval of the minister, the council may borrow money for capital purposes and issue securities for the repayment of money borrowed.

1988 c35 s117

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Capital budget

118. The council shall annually on or before the end of each year submit to the Municipal Capital Projects Board established under the Municipal Grants Act a 5 year forecast of its anticipated capital expenditure requirements.

1988 c35 s118

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Unauthorized expenditure

119. (1) Where, without the prior approval of the minister, the council uses money borrowed under section 117 for a purpose other than the purpose for which the minister approved the raising of the loan, the councillors who voted for the use of the money are personally and jointly and individually liable for the restoration of that money to the council, and the council may recover the money as a civil debt due to it.

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

1988 c35 s119

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Certificate

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

"This debenture is valid and binding according to its terms and its validity is not open to question in a court in the province, and this certificate is given under the City of Mount Pearl Act.

Dated at St. John's, Newfoundland this _____ day of _______, 19__ .

Deputy Minister of Municipal and Provincial Affairs".

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

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

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

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

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

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

1988 c35 s120

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Currency

121. Where the council borrows money under section 117, the amount of the loan to be raised shall be stated in Canadian dollars.

1988 c35 s121

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Signature of debentures

122. The mayor, the city clerk or city manager may impress their signatures by machinery on debentures issued by the council, and debentures that have been so impressed are good and valid to all intents as if they had been signed in the proper handwriting of the mayor, city clerk or city manager.

1988 c35 s122

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Powers of expenditure

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

1988 c35 s123

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Donations

124. The council may, by a vote of 2/3 of the councillors in office, support financially and otherwise an association, activity or event that the council considers to be of benefit to the city and may also pay, or contribute towards the payment of, membership fees, costs of participation by representatives of council and its employees in the associations, activities or events.

1988 c35 s124

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Guaranteed loans expenditure

125. Where the council has raised money by a loan advanced or guaranteed by the Crown or under bonds or debentures issued by the council with their repayment guaranteed by the Crown, the money shall not, except with the consent of the Lieutenant-Governor in Council, be attached, held or otherwise taken under powers of law to satisfy an obligation of the council arising out of a contract entered into without the prior approval of the minister.

1988 c35 s125

PART V
TAXES

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Imposition of taxes

126. All taxes that may be imposed or varied by the council shall be imposed or varied by a resolution of council.

1988 c35 s126

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Tax rates fixed annually

127. (1) The council may, in the resolution imposing or varying the tax, set out the date when that tax is due.

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

(3) Where a tax is imposed or varied after 3 months of the beginning 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 (1).

1988 c35 s127

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Instalment payments

128. The council may provide for the payment of a tax imposed under this Act at monthly or bi-monthly intervals or at those other times that may be determined by resolution of the council and may charge a rate of interest on the payments not in excess of that provided for under section 131.

1988 c35 s128

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Effect of extensions

129. (1) Notwithstanding section 130, where the time for the completion of the assessment roll is extended, or the time for the closing of the assessment review commission is extended under the Assessment Act and as a result the council is unable to impose or vary the real property tax within 3 months of the beginning of the financial year, the real property tax is considered to become due from the beginning of that financial year, unless the council sets a later date under section 127.

(2) Notwithstanding section 127, where a water system, sewage system or water and sewage system are installed during a financial year, the water and sewage tax imposed in relation to the installation is considered to become due from the beginning of that financial year, unless the council sets a later date under section 127.

1988 c35 s129

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Duration of tax

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

1988 c35 s130

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Interest on arrears

131. (1) On taxes that are not paid on or before the date on which they become due, the council may charge interest, so long as before the charge the council passes a resolution to that effect, not in excess of the prime rate of interest charged by the chartered banks on January 1 in each year plus 3%.

(2) The interest charged under subsection (1) runs from January 1 in the taxation year unless otherwise stated by the council.

1988 c35 s131

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Discount allowed

132. The council may allow a discount in respect of taxes imposed under this Act at a rate not exceeding 10% of the tax where the tax is paid within 30 days after it first becomes due, or within a later time that the council may pass by resolution.

1988 c35 s132

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Publication of taxes

133. (1) The council shall publish a copy of a resolution of the council, where a tax is imposed or varied, in a newspaper circulated in the city.

(2) Subsection (1) does not apply to a resolution of the council that settles an individual tax.

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

1988 c35 s133

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Proof of valid tax

134. In an action under this Act in which it is necessary to show that a tax was imposed or varied, a copy of the minute of the council signed by the clerk is, in the absence of evidence to the contrary, proof that the tax was properly imposed or varied.

1988 c35 s134

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Real property tax

135. (1) The council shall impose an annual tax, to be known as "the real property tax" on the owners of real property within the city.

(2) Where there are 2 or more owners of real property within the city the city, clerk may designate 1 of those owners to be the owner for the purposes of the imposition and collection of the real property tax.

1988 c35 s135

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Rate of tax

136. The rate of the real property tax shall be

(a) uniform throughout the city;

(b) fixed as a percentage of the real property as set down in the latest prepared assessment roll of the city prepared under the Assessment Act; and

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

1988 c35 s136

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Minimum tax

137. (1) Where a poll tax has not been imposed in the city, the minimum real property tax payable is $50.

(2) Where a poll tax has been imposed in the city, the minimum real property tax is the amount that has been imposed as the poll tax.

1988 c35 s137

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Occupier deemed owner

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

1988 c35 s138

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Tenant of tax exempt property

139. The tenant of real property not subject to the real property tax shall 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, where that tenant pays rent or other valuable consideration for the real property.

1988 c35 s139

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Representative capacity

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

(2) Where the owner of real property is an infant, the person whose name has been entered on the assessment roll of the city prepared under the Assessment Act as the parent, guardian or other legal representative of the owner is liable for the payment of the real property tax, if the owner defaults in the payment.

1988 c35 s140

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Tax exempt property

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

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

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

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

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

(i) on which they are situated, and

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

(e) church halls used more than 50% of the time for religious or congregational purposes together with the land

(i) on which they are situated, and

(ii) that in relation to the church halls, is in active use;

(f) the rectory or other principal place of residence of a priest, minister or rabbi in charge of a church together with the land

(i) on which it is situated, and

(ii) that in relation to the place of residence, is in active use;

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

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

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

(j) universities and colleges, 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;

(k) productive farm land and woodland as designated by the minister responsible for that land and buildings on and used in connection with farm or wood production from that farm;

(l) real property belonging to a Local School Tax Authority established under the School Tax Act; and

(m) other real property that has been exempted by the council under section 157.

1988 c35 s141

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Supplementary assessment effect

142. The owner of real property that has been made subject to a supplementary assessment under the Assessment Act is liable for the payment of real property tax on the basis of the supplementary assessment for the portion of the current financial year of the council remaining as from the 1st day of the month following the date of occupancy or from the beginning of the financial year, whichever is the lesser period.

1988 c35 s142

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Payment when appeal

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

(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 by the assessment review commission on the appeal shall be paid by the owner or refunded by the council, according to the decision in the appeal.

1988 c35 s143

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Business tax

144. The council shall impose an annual tax, to be known as "the business tax", on all individuals, partnerships, associations and corporations carrying on business in the city.

1988 c35 s144

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Rate where no fixed place of business

145. (1) Where the real property tax is not applicable to a business because it has no fixed place of business, the council shall set the business tax as a percentage of the gross revenue of business done by the business.

(2) 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 1 month.

1988 c35 s145

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Gross revenue

146. (1) A business subject to the business tax as calculated under section 145 shall submit a statement made under oath or affirmation as to its gross revenue in the preceding year by February 1 of the following year.

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

(3) Where a business subject to the business tax as calculated under section 145 has not been carrying on business in the preceding year, the council may estimate the gross revenue of business and bill for taxes based on its estimate.

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

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

1988 c35 s146

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Rate where property tax

147. Where the council has imposed the real property tax, it shall set the business tax as a percentage of the assessed value of the real property used by the business, where there is a fixed place of business, and the business tax becomes due from the same date as the real property tax becomes due.

1988 c35 s147

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Variation of rate

148. The council may vary the rate of business tax between different classes of businesses.

1988 c35 s148

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Amounts

149. The rate of business tax shall not be less than 1/10 of 1% of the gross revenues of a business, or of the assessed value of the property used by it.

1988 c35 s149

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Poll tax

150. (1) The council may impose an annual tax, to be known as "the poll tax", of not less than $50 on all persons 18 years or older who ordinarily live in the city at the beginning of the financial year or during the financial year or are employed in the city for a period of not less than 3 months in total during the financial year of the council.

(2) The council may vary the amount of the poll tax in respect of non-residents of the city who fall within subsection (1).

(3) A person who is not resident in the city for the full current financial year is entitled to a rebate of the poll tax he or she has paid for the full year, the rebate to be in proportion to the duration of time that person is not resident.

(4) For the purposes of this section and section 151 the rules for determining persons who are ordinarily resident under section 340 apply.

(5) Notwithstanding section 151, the poll tax is due by a person when he or she becomes liable under subsection (1).

1988 c35 s150

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Exemption from poll tax

151. (1) A person employed in the city who

(a) is liable to pay a real property tax in the city equal to or in excess of the poll tax in the same financial year; or

(b) is liable to pay a poll tax or real property tax in the municipality where he or she ordinarily lives

is exempt from the poll tax imposed by the city.

(2) Where a husband or a wife pays real property tax both the husband and wife are exempt from the poll tax imposed by the city.

(3) A person whose income from all sources is less than the basic personal exemption provided for under the Income Tax Act (Canada) is exempt from the poll tax, upon application to the council.

(4) For the purposes of subsection (3), income in the form of a pension under the Old Age Security Act (Canada) and those pensions and allowances that may be prescribed by the Lieutenant-Governor in Council shall not be considered to be income.

1988 c35 s151

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Employer's duty

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

(2) Where a person resident in the city is asked by the council the name of his or her employer, that person shall immediately give the information to the council.

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

(4) Where a person has been employed in the city for not less than 3 months in a financial year of the council, or where a person is ordinarily resident in the city and the council so demands, his or her employer, whether in or outside the city, shall deduct the poll tax for the current year from that person's wages and shall forward the tax collected immediately to the council, unless the employee who is exempt from payment of the poll tax obtains a certificate from the clerk to that effect.

(5) The Crown or an agency of the Crown that employs a person subject to the payment of a poll tax shall deduct the poll tax for the current year from that person's wages and shall forward the tax collected to the council within the time limit specified by the council, unless the employee who is exempt from payment of the poll tax obtains a certificate from the city clerk to that effect.

1988 c35 s152

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Water and sewage tax

153. (1) The council shall impose a tax to be known as "the water and sewage tax" upon the owner of real property located inside or outside the city connected to the water system, sewage system or water and sewage system of the city.

(2) Where real property that is capable of being serviced by a water system, sewage system, or water and sewage system is not serviced, the owner of the property,

(a) in the case where there is a building on the property that is occupied and, by virtue of the use to which the building is put, would ordinarily be provided with water and sewage services, shall pay the water and sewage tax; and

(b) in the case where there is no building on the property shall, on the request of the council pay the water and sewage tax.

1988 c35 s153

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Method of taxation

154. (1) Where the real property tax is imposed in the city, the water and sewage tax shall be set

(a) in the case of private buildings or property on which there is no building,

(i) at a flat rate in addition to the mill rate that may be determined by council, or

(ii) at a mill rate that may be determined by council, or

(iii) at a flat rate or metered rate,

and the type of rate may differ in respect of different classes of private buildings in the town;

(b) in the case of public buildings normally in full-time use that have an assessed value equal to or greater than $1,000,000, at the prescribed rate that the council may approve;

(c) in the case of public buildings normally in full-time use that have an assessed value of less than $1,000,000, at the prescribed rate related to the occupancy of the building and the type of public building that the council may approve; and

(d) in the case of public buildings that are not normally used full time, at the prescribed rates related to the occupancy of the building and the type of public building that the council may approve.

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

(3) Where the council estimates the quantity of water used in a building under subsection (2) and the person who is liable for the water and sewage tax calculated on that estimate feels the estimate is incorrect, that person may appeal to the council for an adjustment in the estimate.

(4) Notwithstanding that a person appeals an estimate under subsection (3), that person shall pay the water and sewage tax as calculated on the estimate of the quantity of water used and an adjustment, on the payment of tax, shall be made in accordance with the appeal decision.

1988 c35 s154

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Special users

155. In addition to the tax paid under section 153, the council may impose an additional rate of tax on users, other than residential users of a water system, sewage system or a water and sewage system, based on the quantity and quality of water used and effluent discharged.

1988 c35 s155

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Disconnection of service

156. (1) In addition to other remedies that the council has to enforce payment of tax imposed under this Act, the council may disconnect the service provided by a water system, sewage system or water and sewage system where the tax is in arrears.

(2) Where it is necessary for the purposes of subsection (1), the employees or agents of the council may enter upon real property, whether publicly or privately owned, and at reasonable times enter into the buildings or structures on the real property.

1988 c35 s156

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Exemption and remission

157. (1) The council, on a vote of 2/3 of the councillors in office, may grant an exemption, remission or deferment of taxes and interest either in whole or in part for those periods of time that the council decides.

(2) Where an individual applies for an exemption, remission or deferment, he or she shall apply annually and shall provide evidence of need satisfactory to the council.

1988 c35 s157

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Collection as civil debt

158. (1) All taxes imposed under this Part may, in addition to all other methods of collection provided in this Part, be sued for and collected by action in the name of the council as a civil debt due to the council.

(2) Payment of interest charged by council under this Part may be collected in the manner provided by subsection (1).

1988 c35 s158

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Lien for taxes

159. (1) The real property tax attaches to the real property in respect of which it is imposed, except where the real property is sold for tax arrears by the council, for a period not exceeding 6 years from the date it was due.

(2) Where a debtor to the council for taxes holds real property under a building lease and the real property reverts to the ground landlord by means other than by the expiry of the term of years created by the lease, all taxes payable by the tenant unpaid or accrued due to the council attach upon the real property in the hands of the landlord up to the value of the tenant's interest in it.

(3) The lien described under subsection (1) is considered to be a 1st mortgage on the real property ranking in priority to all other encumbrances on the real property and the council may proceed to discharge the lien by foreclosure or by sale under the Conveyancing Act.

(4) Real property that is occupied for full-time residential purposes by the owner, not including a person considered to be an owner under section 138, shall not be sold for tax arrears by the council so long as it is so occupied.

1988 c35 s159

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Tax certificate

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

1988 c35 s160

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Right of mortgagee

161. It is considered to be a condition of all mortgages of real property within the city, whether made before or after July 21, 1988, that the mortgagee may pay money owing to the council and unpaid in respect of the mortgaged property and add the money to his or her security, notwithstanding a clause or condition to the contrary contained in the mortgage.

1988 c35 s161

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Seizure of rentals

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

1988 c35 s162

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Service of notice

163. (1) The city clerk shall serve on a tenant referred to in section 162, a written notice signed by him or her requiring the tenant to pay rent to the council instead of to the tenant's landlord.

(2) The city clerk shall deliver or mail to the landlord a duplicate copy of the notice served under subsection (1), on or before the date of service of the notice on the tenant.

1988 c35 s163

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Payment of rent

164. (1) The tenant shall, from the date on which he or she receives the notice under section 163, until the city clerk cancels the written notice, pay his or her rent to the council, or so much of it as the clerk specifies in the notice, and a receipt signed by the city clerk is to the extent of the payment a good discharge to the tenant as against a claim by his or her landlord for rent.

(2) The city clerk shall deliver or mail to the landlord a duplicate copy of a receipt given to a tenant under subsection (1).

(3) The city clerk shall credit, against the indebtedness of the landlord to the council, payments made by tenants under subsection (1), and the council is not obliged to release the tenant from liability to continue making payments to the council under that subsection until the landlord's liability has been completely discharged.

1988 c35 s164

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Right to distrain

165. The council may, but is not obliged to, distrain on a tenant's chattels for rent in arrears, and where the council refuses to distrain the landlord may do so, upon giving security to the satisfaction of the council for payment to it of the proceeds of the distress or so much of it as is required to discharge the liability of the landlord to the council for the taxes referred to in section 162.

1988 c35 s165

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Penalty

166. (1) A person who fails

(a) to pay a tax that he or she is liable to pay in accordance with this Part; or

(b) to collect and pay to the council a tax that he or she is directed to collect and pay over by this Part

is guilty of an offence and liable on summary conviction to a fine of not less than $25 and each day's continuance of the failure constitutes a separate offence.

(2) Sections 736 and 737 of the Criminal Code shall not be applied in disposing of a prosecution for an offence under this section or imposing punishment for the offence.

(3) Where a person has been convicted under paragraph (1)(a) for failing to pay a tax, the court shall, when imposing sentence, also order that person to pay the amount of the tax.

1988 c35 s166

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Assessments

167. Where real property is directly benefited by a public work of the council, including,

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

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

the council may assess the cost, or a portion of the cost, together with financing charges, to be known as "the local improvement assessment", upon that real property.

1988 c35 s167

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Method

168. (1) Local improvement assessments made under section 167 shall be assessed according to the frontage of the real property abutting the streets directly benefited by the public work.

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

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

1988 c35 s168

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Agricultural land

169. The council may defer the payment of all or a portion of a local improvement assessment on productive agricultural land while that land continues to be used for these purposes.

1988 c35 s169

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Non- discriminatory

170. Where the council decides to impose a local improvement assessment under section 167, it shall impose an assessment on other portions of real property similarly benefited by a public work of the council.

1988 c35 s170

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Payment

171. (1) A local improvement assessment shall be paid to the council over a period of time not to exceed 20 years, in the instalments, and at the rate of interest that the council may decide as a general policy is applicable to all residents of the city.

(2) A rate of interest prescribed under subsection (1) may be set in relation to the prime rate of interest charged by chartered banks but it shall not be less than the rate of interest charged to the city at the time.

(3) Where there are arrears in instalments of a local improvement assessment all instalments then become due and are considered to be in arrears.

1988 c35 s171

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Lien

172. (1) Arrears in instalments of a local improvement assessment attach to the real property assessed for a period not exceeding 6 years from the date they become or are considered to be in arrears, except where the real property is sold for taxes or arrears in an assessment or service levy.

(2) The lien described in subsection (1) is considered to be a 1st mortgage on the real property ranking in priority to all other encumbrances on the real property and the council may proceed to discharge the lien by foreclosure or by sale under the Conveyancing Act.

1988 c35 s172

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Service levy

173. Where real property is made capable of being developed, or the density of the potential development is increased, by a public work, on or off the real property, of the council designed to develop municipal services or expand the capacity of municipal services, or where the value of real property is enhanced by an action of the council, the council may impose a charge to be known as "the service levy" on that real property.

1988 c35 s173

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Restriction on levy

174. A service levy shall not exceed the cost, or estimated cost, including finance charges to the city of constructing or improving the public work referred to in section 173 that are necessary for the real property to be developed in accordance with the standards required by the council and are permitted on that real property.

1988 c35 s174

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Method

175. A service levy shall be assessed on the real property based on

(a) the amount of real property benefited by the public work related to all the real property so benefited; and

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

1988 c35 s175

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Payment

176. A service levy shall be paid by the owner of the real property

(a) at the time the levy is imposed;

(b) at the time development of the real property begins;

(c) at the time development of the real property is completed; or

(d) at other times that the council may decide.

1988 c35 s176

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Lien

177. (1) A service levy attaches to the real property in respect of which it has been made for a period not exceeding 6 years from the date when it was due except where the real property is sold for taxes, arrears in an assessment, or arrears of a service levy.

(2) The lien described in subsection (1) is considered to be a 1st mortgage on the real property ranking in priority to all other encumbrances on the real property and the council may proceed to discharge the lien by foreclosure or by sale under the Conveyancing Act.

1988 c35 s177

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Collection as civil debt

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

1988 c35 s178

PART VI
SERVICES

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Water and sewage systems

179. (1) The council may, subject to the Department of Environment and Lands Act and regulations made under that Act, construct, acquire, establish, own and operate

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

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

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

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

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

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

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

1988 c35 s179

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Acquisition of private system

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

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

1988 c35 s180

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Right of entry to survey

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

1988 c35 s181

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Right of entry to construct

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

1988 c35 s182

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Right to construct

183. (1) The council may

(a) break up, dig, excavate and open up roads, or real property, whether publicly or privately owned that may be necessary to operate, construct, maintain, repair or improve a system described in section 179;

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

(c) lay down pipes, drains and other components of systems described in section 179 upon or in the lands described in paragraph (a).

(2) Notwithstanding subsection (1), the council shall not enter upon, break up or otherwise interfere with a main or secondary highway without the written consent of the Minister of Works, Services and Transportation.

1988 c35 s183

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Reasonable notice to owner

184. Before engaging in an activity authorized by section 182 or 183 on private property, the council shall give the owner of the property reasonable notice that it intends to engage in that activity.

1988 c35 s184

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Diversion of watercourses

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

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

1988 c35 s185

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Compensation for injurious affection

186. The council shall compensate a person injuriously affected by anything done under sections 182 to 185 in the sum that may be agreed, and where an agreement cannot be made, the compensation shall be determined and paid in accordance with the expropriation provisions of this Act as if the injurious affection had been caused by expropriation.

1988 c35 s186

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Regulations

187. (1) The council may make regulations respecting the control and management of the water and sewage systems, or either of them, and storm drainage systems and the water catchment area, and may also make regulations

(a) in accordance with the Department of Environment and Lands Act and regulations made under that Act to prevent the pollution of waters, within or outside the city, used by or in the possession of the council for the provision of the city water supply or necessary for the future use of the city, and may make regulations prohibiting, restricting or making subject to the approval of the council

(i) the cutting of timber, or

(ii) the erection or establishment of a building, structure or work

on, in, over or under a land or water within the water catchment area providing the city water supply, whether the watershed is wholly or partially within or outside the boundaries of the city;

(b) prescribing the specifications and quality of materials to be used to connect drains, sewers and water supply pipes to a building;

(c) for the protection of drains, sewers, and water supply pipes and for keeping them free from obstruction;

(d) requiring the owner or occupier, or both, of a building or part of a building that is within the boundaries of the city and within 60 metres, or a greater distance that may be prescribed in the regulations, of a public water supply system or a public sewage system to connect the building or other premises or part of them to the system;

(e) providing that the connection of a building or part of it to a public water supply system, a public sewage system or a storm drainage system in accordance with regulations made under paragraph (d) shall be done wholly or partly at the expense of the council or the owner or occupier of the building or part of the building or partly at the expense of both;

(f) prohibiting the connecting of sewers, drains and water supply pipes to a building by a person other than an employee of or other person engaged by the council for the purpose;

(g) prescribing the conditions under which the council will permit a person other than an employee of or other person engaged by the council to connect drains, sewers and water supply pipes to a building;

(h) respecting the fixing, collecting, holding and repayment, with or without interest, by the council of deposits to be paid, in an amount in the discretion of the council, by the owner or occupier of a building to which water supply pipes, drainage pipes or sewage pipes are connected; and

(i) fixing the charges that the council may make for services it provides or performs for the purpose of connecting sewers, drains or water supply pipes to a building and fixing different charges in respect of different buildings or classes of buildings or in respect of different parts or the same part of an area serviced by the sewers, drains and water supply pipes.

(2) Regulations made under paragraph (1)(a) do not apply outside the city unless they are approved by the minister.

1988 c35 s187

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Ownership of roads

188. The ownership, management and control of all public roads, sidewalks and bridges in the city, except highways classified and designated by the Department of Works, Services and Transportation, and their bridges are vested in the council.

1988 c35 s188

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Private roads

189. A privately constructed road constructed with the approval of the council that is to be used by the public shall be taken over by the council as a public road, without compensation, upon the council being satisfied that the road has been brought up to a standard satisfactory to the council and may reasonably be regarded as necessary for public use.

1988 c35 s189

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Construction

190. The council may construct public roads, sidewalks and bridges and improve, realign, alter the level of, and repair existing public roads, sidewalks and bridges.

1988 c35 s190

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Closing

191. The council may order the closing of a public road, sidewalk or bridge either temporarily or permanently in order to make repairs or to prevent damage or for other reasons.

1988 c35 s191

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Private construction

192. A person shall not open or make a new road designed for public use through privately owned land in the city except with the prior written approval of the council and in accordance with conditions and specifications imposed by the council in its approval.

1988 c35 s192

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Construction on roads

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

1988 c35 s193

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Street reservations

194. The council may, by resolution, establish street reservations, road improvement lines, road lines and building lines to existing and proposed roads and sidewalks.

1988 c35 s194

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Expropriation

195. The council may acquire, by agreement or expropriation, real property contained within street reservations, road improvement lines and road lines.

1988 c35 s195

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Removal of projections

196. (1) The council may order the removal of a fence, building, steps, erections or other object that projects into or over land reserved for a public road or sidewalk.

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

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

1988 c35 s196

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Parking lots

197. The council may acquire, by agreement or expropriation, real property necessary for parking lots, and may establish and construct parking lots and regulate the parking lots and charge for their use in the amount that the council decides.

1988 c35 s197

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Street lighting

198. The council may provide street and area lighting within the city and may enter into agreements with a person to provide the lighting.

1988 c35 s198

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Road names

199. The council may name and mark all roads within the city and may provide for the numbering of all buildings on the roads.

1988 c35 s199

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Removal of vehicles

200. (1) Where a vehicle

(a) is standing upon a public road, sidewalk or bridge in a position that it may

(i) interfere with pedestrian or vehicular traffic,

(ii) constitute a hinderance to their maintenance, repair or improvement,

(iii) hinder or impede the ploughing of or removal of snow or ice, or

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

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

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

(2) Before the return of the vehicle to its owner, the owner shall pay the costs of its removal and storage as determined by the council and where the costs are not paid by the owner, the council may sell the vehicle on public auction to satisfy the costs upon notice to the owner.

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

1988 c35 s200

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Regulation of vehicles

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

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

(3) The council may set out conditions with respect to permits issued under this section and may establish a scale of fees for the permits.

1988 c35 s201

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Regulations

202. The council may make regulations

(a) prescribing the height and construction of fences and requiring the owner or occupier of a lot abutting on a public road within the town to fence the lot and to keep and maintain the fence in repair to the satisfaction of the council;

(b) prohibiting or controlling, subject to rights existing at the coming into force of the regulations, the erection, maintenance and use upon or near public roads, sidewalks and bridges of telephone and electricity poles, signs and other objects and requiring their removal from one place to another; the removal to be at the expense of the owner unless the location in that one place had been approved by council;

(c) prohibiting or controlling

(i) coasting, skating or sliding on snow or ice on the public roads, bridges or sidewalks,

(ii) the riding of bicycles on sidewalks,

(iii) the riding or driving of children's wagons, push carts, skateboards, tricycles and other similar objects on public roads or sidewalks, and

(iv) the operation of recreational and other vehicles not licensed under the Highway Traffic Act on public roads, bridges or sidewalks;

(d) prohibiting or controlling vehicular or pedestrian access onto or over a public road or bridge; and

(e) protecting and preventing injury to public roads, bridges and sidewalks, and trees, plants and structures contained within the road reservation, and providing for the cleaning and removal of foreign matter from these public roads, bridges and sidewalks.

1988 c35 s202

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Other regulations

203. The council may make regulations in accordance with sections 188 and 189 of the Highway Traffic Act and may delegate all or any of its powers in relation to the making of the regulations to the Mount Pearl Transportation Commission.

1988 c35 s203

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Recreational facilities

204. The council may acquire or establish parks, stadiums and other recreational facilities within the city, and, subject to the approval of the minister, outside the city.

1988 c35 s204

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Regulations

205. The council may make regulations for the use, protection and operation of recreational facilities acquired or established under section 204 and the fixing of charges for admission to and the use of these facilities.

1988 c35 s205

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Grants and loans

206. The council may make grants-in-aid or loans to a corporation or commission created for the purpose of providing parks, stadiums or other recreational facilities of benefit to the city, subject to the conditions that the council may prescribe.

1988 c35 s206

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Collection, etc. of waste

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

1988 c35 s207

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Charges

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

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

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

1988 c35 s208

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Removal of waste

209. The council may order the removal from real property by the owner or occupier of solid waste, noxious substances and anything that poses a hazard to public health and safety or adversely affects the amenities of the surrounding property, or may remove the waste or substance and charge the owner or occupier of the real property for the costs of its collection and disposal.

1988 c35 s209

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Regulations

210. The council may make regulations providing for

(a) the storage of solid waste, and the collection of it;

(b) the prevention of littering; and

(c) the operation of a disposal site, subject to the Waste Material Disposal Act and regulations made under that Act.

1988 c35 s210

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Municipal enforcement officers

211. The council may appoint 1 or more municipal enforcement officers to hold office during the pleasure of the council.

1988 c35 s211

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Powers

212. A municipal enforcement officer has the powers of a member of the Royal Newfoundland Constabulary with respect to the enforcement of this Act and regulations made under this Act with respect to the city.

1988 c35 s212

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Agreements re policing

213. (1) The council may enter into agreements

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

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

to perform the duties of a municipal enforcement officer.

(2) A member of a police force set out in subsection (1) has the powers and may exercise the duties of a municipal enforcement officer, where an agreement has been entered into under that subsection.

1988 c35 s213

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Agreement re jails

214. The council may enter into an agreement with the government of the province for providing and maintaining a jail in the city and for maintaining and caring for prisoners.

1988 c35 s214

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Fire department

215. The council may establish, operate and maintain a fire department composed of paid employees and acquire or provide a fire hall, fire alarm system, fire engines, hydrants and other apparatus and appliances for the purpose of fire fighting and the prevention of fire.

1988 c35 s215

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Regulations

216. (1) The council may make regulations with respect to the control and management of the fire department, and, subject to the Fire Prevention Act and regulations made under that Act, for the fighting of fires, the prevention of fire in the city and the inspection of buildings in the city for fire prevention purposes.

(2) In making regulations under subsection (1) the council may adopt the whole or a portion and supplements or amendments of the National Fire Code of Canada or another code, with or without modification.

(3) Where the council has adopted the National Fire Code of Canada or other code, the code and supplements and amendments then in force shall be kept at the office of the council and shall be available for inspection by members of the public.

1988 c35 s216

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Fire Code

217. (1) A copy of the National Fire Code of Canada or other code, and supplements and amendments signed by the minister, shall be kept on record in the Department of Municipal and Provincial Affairs.

(2) The copy of the National Fire Code of Canada or other code referred to in subsection (1) as signed by the minister is the code adopted or varied by the council under section 216, notwithstanding that a revised code has been made.

(3) An alleged infringement of the regulations is to be governed by the copy of the National Fire Code of Canada or other code signed under subsection (1).

(4) A certificate of the minister that a document is a copy , a supplement, an amendment, or an extract of the National Fire Code of Canada or other code is, in the absence of evidence to the contrary, proof of the contents of the code.

1988 c35 s217

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Agreements

218. The council may enter into agreements with other municipalities, local service districts, or persons, for joint fire fighting.

1988 c35 s218

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Power of chief officer

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

1988 c35 s219

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Pulling down buildings

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

1988 c35 s220

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Right re traffic

221. (1) The officers and members of the city 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.

(2) The officer in charge of the city fire department at a fire may close all roads including a highway in the vicinity of a fire.

1988 c35 s221

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Power to enter building

222. (1) Members of the city 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) No action lies against an officer or member of the city fire department, or the council, with respect to damage necessarily occasioned to the buildings or structure as a result of an action under subsection (1).

1988 c35 s222

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Other fire department

223. The officers or members of a fire department of another municipality, or a person who gives aid to the city fire department in fighting a fire, are considered to be officers and members of the city fire department while they are giving that aid.

1988 c35 s223

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Offences

224. (1) A person who obstructs an officer or member of the city fire department in the discharge of his or her duties or wilfully retards the passage of an engine, apparatus or appliance used by an officer or member is guilty of an offence.

(2) A person who wilfully gives a false alarm of fire to the city 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 is guilty of an offence.

1988 c35 s224

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Public transportation system

225. The council may establish and operate a public transportation system either on its own or through a commission established for that purpose, and may establish and charge fares for the use of the system.

1988 c35 s225

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Transportation Commission

226. The council may appoint a commission to be known as the Mount Pearl Transportation Commission consisting of 7 persons.

1988 c35 s226

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Franchise

227. The council may enter into an agreement with a person, for a period not exceeding 10 years, granting to that person an exclusive right to establish and operate a public transportation system within the city, subject to those rates for fares and other conditions that may be set out in the agreement.

1988 c35 s227

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Waiting areas

228. The council may erect public waiting areas for public transportation and may regulate the maintenance of them.

1988 c35 s228

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Taxis

229. (1) The council may make regulations regulating taxis within the city, and may also make regulations

(a) fixing the number of taxis in the city;

(b) requiring that the operators of taxis have a licence to operate in the city and fixing a fee to be paid for the licences;

(c) fixing fares to be paid by users of taxis;

(d) prescribing the inspection of taxis on an annual or other basis that the council may set out in the regulations;

(e) setting out standards for taxis; and

(f) authorizing and assigning stands for taxis, and the erection and maintenance of them.

(2) For the purpose of subsection (1), the word "taxis" includes other vehicles carrying passengers for fare.

1988 c35 s229

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Public libraries

230. The council may contribute towards the establishment, conduct and maintenance of a public library in the city, and may provide accommodation and other services to the library.

1988 c35 s230

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Cemeteries

231. The council may acquire, establish, own and operate a cemetery or crematorium and may, for that purpose, acquire land within or outside the boundaries of the city.

1988 c35 s231

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Sale or lease

232. The council may sell or lease the whole or part of a property acquired under section 231 for the purpose of establishing a cemetery or crematorium, or for burial plots, under the terms that the council may set out in the sale or lease.

1988 c35 s232

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Consent required

233. A cemetery or crematorium may not be established in the city except with the consent of the council.

1988 c35 s233

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Regulations

234. The council may, subject to the Department of Health Act and regulations made under that Act, make regulations controlling the location, development and maintenance of cemeteries and crematoriums.

1988 c35 s234

PART VII
CONTROLS

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Building

235. (1) A person shall not within the city

(a) erect or start to erect a building;

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

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

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

except under and in accordance with a written permit from the council.

(2) The council may require in all applications for permits under this Part, and it shall be prerequisite for an applicant to provide before a permit may be granted, a statement signed by the applicant stating

(a) that he or she is the owner of the land or building affected; or

(b) that he or she has received the approval of the owner to submit the application, and stating the name and address of the legal owner.

1988 c35 s235

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Building regulations

236. (1) The council shall make regulations controlling the design, construction, alteration, reconstruction, occupancy, demolition, removal, relocation and maintenance of buildings and a class of buildings and shall send a copy of the regulations to the minister.

(2) Regulations made under subsection (1) shall include the National Building Code of Canada and other codes, supplements, and amendments the minister may direct to be included.

(3) The National Building Code of Canada and other codes, supplements and amendments in force, shall be kept at the office of the council and shall be available for inspection by members of the public.

1988 c35 s236

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Building Code

237. (1) A copy and supplements and amendments of the National Building Code of Canada or other code signed by the minister, shall be kept on record in the Department of Municipal and Provincial Affairs.

(2) The copy of the National Building Code of Canada or other code referred to in subsection (1) as signed by the minister is the code adopted or varied by the council under section 236, notwithstanding that a revised code has been made.

(3) An alleged infringement of the regulations is to be governed by the copy of the National Building Code of Canada or other code signed under subsection (1).

(4) A certificate of the minister that a document is a copy, a supplement, an amendment or an extract of the National Building Code of Canada or other code is, in the absence of evidence to the contrary, proof of the contents of the code.

1988 c35 s237

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Removal of building

238. (1) Where

(a) a building has been erected, or started to be erected;

(b) an existing building is repaired or an extension added to it; or

(c) the use of an existing building is changed other than under and in accordance with the terms of a permit issued by the council and the building regulations adopted by council,

the council may order the owner or builder to stop construction, pull down, remove, fill in or otherwise destroy the building and restore the site to its original state, or make the disposition or alteration of the building that the order directs, within the time specified in the order.

(2) Where a building is in a dilapidated state, or is, in the opinion of the council, unfit for human habitation, or the other use for which it is then being used, or is a public nuisance, the council may order the owner or occupier to pull down, remove, fill in or otherwise destroy the building and return the site to its original state, or make the disposition or alteration of the building that the order directs, within the time specified in the order.

(3) An order made under this section shall be signed by the city clerk and shall be served upon the owner or builder of the building either personally or by registered mail, or by posting the notice on the building, where the owner or builder is not known.

1988 c35 s238

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Order not obeyed

239. (1) Where an order made under section 238 is not complied with within the time set out in the order, and a period of 14 days has passed from the time of service or posting of the notice, and an appeal has not been started, heard or otherwise disposed of under section 240, the council may itself carry out the order through its employees or agents and may recover the cost of carrying out the order as a civil debt from the person on whom the order was served.

(2) A person on whom an order made under section 238 has been served who refuses or fails to comply with the order is guilty of an offence and liable on summary conviction to a fine of not less than $25 for every day of refusal or failure to comply, and in default of payment to a period of imprisonment not exceeding 3 weeks.

1988 c35 s239

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Appeal

240. (1) A person who feels aggrieved by an order made under section 238 may, within 14 days of the service or posting of the order, appeal to the appropriate regional appeal board established under the Urban and Rural Planning Act and the board may make the order with respect to the matter that appears just.

(2) Where an appeal has been started under subsection (1), the council shall not begin to carry out its order under section 238 until the appeal has been heard or otherwise disposed of.

(3) Notwithstanding subsection (2), a stop construction order remains in full effect and is subject to a penalty for a contravention under subsection 239(2).

(4) Notwithstanding subsection (2), where a building poses an immediate threat to public health and safety the council may take those steps that it considers necessary to eliminate that threat and may collect the costs of eliminating the threat from the owner.

1988 c35 s240

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Water and sewage

241. (1) A person shall not, within the city,

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

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

except under and in accordance with a written permit from the council.

(2) The council shall not approve a permit under subsection (1) without the approval of an officer of government designated by government for that purpose.

1988 c35 s241

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Regulations

242. The council shall make regulations

(a) controlling the construction, location, use and maintenance of privies, sewer systems, septic tanks, and sewers;

(b) governing the digging, drilling, use and construction of wells and water supply systems; and

(c) prohibiting and controlling the use of a source of water that council considers dangerous to public health,

and shall send a copy of the regulations to the minister.

1988 c35 s242

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Removal

243. Where

(a) a privy, septic tank, sewer, sewer system, well or water system has been constructed without a permit under section 241 or not in accordance with the terms of the permit or the regulations; or

(b) a privy, septic tank, sewer and sewer system or well and water system is so located or constructed that it poses or is actually a danger to public health,

the council may order the owner or occupier of the property to stop construction, fill in, remove or alter it within the time specified in the order.

1988 c35 s243

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Consequential

244. An order made under section 243 shall be served, may be enforced, and is subject to the same penalty for non-compliance, and may be appealed against in the same manner as an order made with respect to a building under section 238.

1988 c35 s244

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Storm drainage

245. A person shall not, within the city,

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

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

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

except under and in accordance with a written permit from the council.

1988 c35 s245

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Regulations

246. The council may make regulations with respect to storm drainage and shall send a copy of the regulations to the minister.

1988 c35 s246

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Removal

247. The council may order the stopping of construction, filling in or removal of a ditch, drain or culvert, or connection to a storm drainage system constructed or made without a permit or not in accordance with the terms of a permit, or the regulations.

1988 c35 s247

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Consequential

248. An order made under section 247 shall be served, may be enforced, is subject to the same penalty for non-compliance, and may be appealed against in the same manner as an order made with respect to a building under section 238.

1988 c35 s248

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Signs

249. A person shall not, within the city, erect a sign except in accordance with the terms of a licence issued by the council.

1988 c35 s249

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Regulations

250. The council may make regulations with respect to the use, size, illumination, erection and maintenance of signs.

1988 c35 s250

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Removal

251. The council may order the stopping of construction, removal or repair of a sign erected without a licence, or not in accordance with the terms of a licence, or the regulations.

1988 c35 s251

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Consequential

252. An order made under section 251 shall be served, may be enforced, is subject to the same penalty for non-compliance, and may be appealed against in the same manner as an order made with respect to a building under section 238.

1988 c35 s252

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Car parks

253. A person shall not, within the city, operate or construct a car park except under and in accordance with a written permit from the council.

1988 c35 s253

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Regulations

254. The council may make regulations

(a) governing car parks; and

(b) controlling or prohibiting the parking of commercial vehicles on land adjacent to a building used for residential purposes.

1988 c35 s254

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Removal

255. The council may order the owner or occupier of a car park constructed or operated without a permit or not in accordance with the terms of a permit, to stop operations, return the property to its original state or maintain it.

1988 c35 s255

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Consequential

256. An order made under section 255 shall be served, may be enforced, is subject to the same penalty for non-compliance, and may be appealed against in the same manner as an order made with respect to a building under section 238.

1988 c35 s256

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Sales from vehicles

257. (1) The council may make regulations controlling or prohibiting the use of a vehicle or stand for the sale of food or goods and may require permits for the sale.

(2) Regulations made under subsection (1) apply to a vehicle whether it is self-moving or drawn by another vehicle or person, or is temporarily or permanently stationary.

1988 c35 s257

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Removal

258. The council may order the removal of a vehicle or stand used or located without a permit under section 257.

1988 c35 s258

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Consequential

259. An order made under section 258 shall be served, may be enforced, is subject to the same penalty for non-compliance, and may be appealed against in the same manner as an order made with respect to a building under section 238.

1988 c35 s259

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Shop closing

260. (1) Subject to an exemption order by the Minister of Employment and Labour Relations under the Shops Closing Act, the council may make regulations

(a) respecting the closing of shops for the serving of customers on holidays within the meaning of that Act;

(b) prescribing the days or hours or both during which shops in the city may be open for the serving of customers or shall be closed;

(c) exempting from the regulations the class or kind of shops referred to in the regulations;

(d) regulating the delivery of goods from shops after the closing hours of those shops;

(e) providing for the opening of shops for the serving of customers under exceptional circumstances; and

(f) defining the class or kind of shops to which the regulations apply or that are exempt from the regulations.

(2) Different regulations may be made under this section

(a) in respect of shops generally;

(b) in respect of some or different classes of shops at different times of the year or under different circumstances; or

(c) in respect of shops carrying on businesses or trades or classes of business or trades that may be specified in the regulations.

(3) In this section the word "shop" means the part of a premises or place in which or from which a wholesale or retail trade or business is carried on.

1988 c35 s260

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Pornographic materials

261. The council may make regulations respecting

(a) the method of the display for sale or rental in shops of pornographic books, pornographic magazines, pornographic films or other pornographic reading or viewing material;

(b) the entrance of minors into shops whose primary purpose is the sale or rental of material referred to in paragraph (a); and

(c) the definition of terms for the purposes of giving effect to this section.

1988 c35 s261

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Curfew

262. (1) The council may make regulations prescribing the hours during which children below the age set out in the regulations are permitted on a public road, park or in a place of amusement or public assembly, whether alone or in the company of a parent, guardian or other adult.

(2) In making regulations under subsection (1) the council may make different regulations with respect to children of different ages.

1988 c35 s262

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Animals other than dogs

263. The council may make regulations

(a) restricting and controlling the running at large or keeping of animals other than dogs;

(b) providing for the seizure and impounding of animals found at large or kept contrary to the regulations;

(c) prescribing impounding fees; and

(d) providing that an impounded animal may be sold, destroyed or otherwise disposed of if it is not claimed and the impounding fee paid in the time set out in the regulations.

1988 c35 s263

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Dog control

264. The council may make regulations

(a) providing for the licensing and registration of dogs within the city and the renewal of licences and the period of validity of licences;

(b) prescribing the form of licences and the kind of licence tags to be issued with the licences;

(c) prescribing the fees to be paid for licences and licence tags;

(d) providing for the appointment of licensing officers in the city;

(e) prescribing the allowance to be paid to licensing officers for licensing dogs and collecting and forwarding the fees to the city and providing for the payment to licensing officers of the cost to them of remitting the fees in addition to an allowance;

(f) providing for the impounding of dogs running at large, prescribing impounding fees to be charged for impounding and providing that a dog may be sold, destroyed or otherwise disposed of if it is not claimed within the time fixed in the regulations;

(g) prohibiting, restricting or regulating the roaming at large of dogs;

(h) providing for the seizure and destruction of diseased dogs found at large; and

(i) prescribing fines for the non-compliance or contravention of regulations made under this section.

1988 c35 s264

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Place of entertainment

265. A person shall not operate within the city a place of entertainment except in accordance with the terms of a licence from the council.

1988 c35 s265

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Regulations

266. The council may make regulations with respect to the use, operation and location of places of entertainment, subject to regulations made under this Act or the Liquor Control Act.

1988 c35 s266

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Stop order

267. The council may order that a place of entertainment operating without a licence, or not in accordance with the terms of a licence, or the regulations, comply with the regulations or stop operating.

1988 c35 s267

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Consequential

268. An order made under section 267 shall be served, may be enforced, is subject to the same penalty for non-compliance, and may be appealed against in the same manner as an order made with respect to a building under section 238.

1988 c35 s268

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Definition

269. The phrase "place of entertainment" used in sections 265 to 268 includes a theatre, cinema, amusement premises, concert hall, pool hall, circus, race course, baseball park, athletic ground, fair ground, skating rink, dance hall, a place where there are coin operated games or a hotel, restaurant, club or cafe in which facilities are supplied for and used by the public for dancing or other forms of entertainment and other places that the council may declare to be places of entertainment.

1988 c35 s269

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Bicycles

270. The council may make regulations with respect to the operation of bicycles within the city and may provide that bicycles be licensed.

1988 c35 s270

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Recreational vehicles

271. The council may make regulations prohibiting or controlling the time of operation and the operation in general of recreational vehicles within the city and may provide that they be licensed.

1988 c35 s271

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Heritage areas

272. The council may, by regulation, designate real property as heritage buildings, structures or lands.

1988 c35 s272

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Building control

273. Heritage property buildings, structures or lands shall not be demolished or built upon nor the exterior of a building or structure altered, except under a permit of the council specifically authorizing the alteration and in accordance with the terms and conditions of the permit.

1988 c35 s273

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Heritage advisory committee

274. The council may establish a heritage advisory committee to advise the council on regulations made under section 272 and the preservation of the real property designated under that section.

1988 c35 s274

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Removal

275. The council may order the removal of a building or structure built without a permit under section 273 or the restoration of the exterior of a heritage building or structure altered other than in accordance with the terms and conditions of the permit.

1988 c35 s275

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Consequential

276. An order made under section 275 shall be served, may be enforced, is subject to the same penalty for non-compliance, and may be appealed against in the same manner as an order made with respect to a building under section 238.

1988 c35 s276

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Business improvement areas

277. (1) In this section

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

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

(c) "regulations" means regulations made by the council under this section.

(2) The council may make regulations to declare and designate business improvement areas within the city.

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

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

(5) Where the 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) The objects of a board shall be to

(a) promote a business improvement area as a place for retail and commercial activity;

(b) help in carrying out the improvement, enhancement, beautification and maintenance of municipal or public lands in a business improvement area; and

(c) sponsor or otherwise participate in special projects, activities or events, for the purpose of improving an area.

(7) A board shall

(a) be responsible to the council in carrying out the powers, functions and duties conferred by this section;

(b) report to the council on the activities of the board at those times and in the manner that the council may prescribe;

(c) annually, prepare for approval and submission to the council at a time and in a form prescribed by the council a budget indicating its proposed annual expenditures of funds;

(d) make available to the council books, documents, transactions, minutes and accounts of the board; and

(e) do other things necessary or incidental to the carrying out of the objects of the board.

(8) A board may make grants to persons within a business improvement area or to an organization whose sole purpose is promoting that business improvement area as a place for retail or commercial activity for the carrying out of the objects and purposes of this section.

(9) The council may

(a) in order to provide revenue to a board for annual operating and other expenses, impose an annual surcharge no greater than 10% of the business tax imposed on persons carrying on a business, trade or profession within a business improvement area;

(b) impose different rates of surcharge for different business improvement areas; and

(c) allot and approve funds collected for a business improvement area but those funds shall

(i) consist only of funds raised as provided in paragraph (a) and subsection (10),

(ii) remain the property of the city,

(iii) form part of the general revenue of the city,

(iv) be paid out by the city treasurer on requisition by a board for its annual operating budget, and

(v) be spent only for the purposes of a business improvement area for which they were collected.

(10) Nothing in subsection (9) shall preclude a board from obtaining revenue through fund raising, grants or gifts which funds shall also form part of the general revenue of the city.

(11) A surcharge or business tax collected and imposed by subsection (9) shall be subject to the Assessment Act.

(12) The council may make regulations

(a) respecting the structure, composition and filling of vacancies of a board;

(b) designating the qualifications necessary for appointment to a board or regarding election to a board;

(c) regarding the election of officers of a board;

(d) respecting voting by members of a board and the casting of tie breaking votes;

(e) regarding rules of procedure governing board meetings;

(f) respecting the annual and proper expenditure of funds by a board;

(g) restricting expenditures of funds by boards to items and activities approved by the council;

(h) outlining programs and activities which may be undertaken by boards;

(i) regarding the levy of annual surcharges;

(j) respecting notices to persons, businesses or other groups or organizations under this section;

(k) respecting responses to notice requirements by persons, businesses or other groups or organizations;

(l) respecting the increase or decrease in size of an existing business improvement area; and

(m) respecting all other matters for the more effective carrying out of this section.

(13) Nothing contained in this section shall preclude the city from promotion, improvement, beautification or maintenance activities within a business improvement area that are normally provided to the city at large.

(14) The council may by regulation dissolve a business improvement area and a board of a business improvement area

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

(b) where a board has not functioned for a period of 1 or more years.

1988 c35 s277

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Nuisances

278. The council may make regulations with respect to noise or other types of nuisance, including the use of pellet and air guns, that, in the opinion of the council, has an unpleasant effect on the senses.

1988 c35 s278

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Stop order

279. The council may order that a nuisance that is contrary to the regulations stop.

1988 c35 s279

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Consequential

280. An order made under section 279 shall be served, may be enforced, is subject to the same penalty for non-compliance, and may be appealed against in the same manner as an order made with respect to a building under section 238.

1988 c35 s280

PART VIII
EXPROPRIATION

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Expropriation

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

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

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

(c) for other reasons, agreement cannot or may not be reached with the party; or

(d) for other reasons the council considers it advisable to do so.

1988 c35 s281

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Right of entry

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

1988 c35 s282

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Method of expropriation

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

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

1988 c35 s283

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Compensation

284. (1) The council shall pay compensation to the owner of land or property or an interest in the land or property expropriated under this Act or to the owner of land or property injuriously affected by the expropriation made under this Act.

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

1988 c35 s284

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Board of assessors

285. (1) The amount of compensation to be paid under section 284 is to be ascertained by a board of assessors consisting of a chairperson and 2 other assessors.

(2) The council shall appoint 1 assessor.

(3) The council shall by written notice require the owner of land or property or an interest in the land or property that has been expropriated or injuriously affected to appoint an assessor and the owner shall, within 30 clear days after the date of the notice, appoint 1 assessor.

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

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

(6) The assessors appointed under this section shall appoint a 3rd assessor to be chairperson of the board of assessors.

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

1988 c35 s285

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More than 1 owner

286. (1) Where the council decides to expropriate more than 1 piece of land or property belonging to different owners in a particular area, and the council and an owner do not agree upon the amount of compensation, the amount to be paid every owner with whom agreement cannot be reached is to be ascertained by a board of assessors to be appointed in accordance with section 285.

(2) For the purposes of the application of section 285, "owners" means the majority of owners with whom agreement cannot be reached under subsection (1).

1988 c35 s286

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Oath or affirmation

287. Each member of a board of assessors shall, before taking up the duties of his or her office, take and sign the following oath or affirmation of office before a person authorized to administer oaths or affirmations:

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

1988 c35 s287

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Award of board

288. The board of assessors are considered to be assessors and not arbitrators and their finding or the finding of 2 of them is considered to be the award of the board of assessors and is final and binding on the parties.

1988 c35 s288

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Powers of board

289. The board of assessors

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

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

1988 c35 s289

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Appeal

290. (1) The council or an owner of land or property that has been expropriated under this Act may, within 30 days after the date of an award of a board of assessors, give to the other party notice of an appeal to the Court of Appeal against the findings of the board of assessors upon a question of law or fact in connection with the expropriation or upon the question of the amount of compensation awarded by the board of assessors.

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

1988 c35 s290

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Technical objection

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

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

1988 c35 s291

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Time of award

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

1988 c35 s292

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Compensation

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

(2) Where the compensation is not paid within 30 days of the date of the award, it bears interest at the rate of 5% annually until the date of payment.

1988 c35 s293

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Leasehold interest

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

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

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

1988 c35 s294

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Transfer of land

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

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

1988 c35 s295

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Costs

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

(2) Where

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

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

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

1988 c35 s296; 1989 c12 s8

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Fees

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

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

1988 c35 s297

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Register

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

1988 c35 s298

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Notice

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

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

(3) Where land is expropriated under subsection (1), no reference shall be made to the board of assessors, where the apparent owner establishes his or her title, and where it is found that the apparent owner is not the true owner, compensation is to be assessed and paid to the true owner in accordance with this Act.

1988 c35 s299

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Registration of notice

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

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

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

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

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

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

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

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

(e) the place of registration

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

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

1988 c35 s300

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Duty to provide title

301. (1) Nothing contained in this Act requires the council to make compensation or transfer another matter provided by way of compensation under this Act, until the time that the owner has established his or her title to the reasonable satisfaction of the council.

(2) Where a notice of expropriation is served under this Act, it is the duty of the person on whom it is served to submit to the council the title deeds and plans of the person's land or property that are available to him or her and to provide the council with information that it may reasonably require in connection with the title to the land or property.

(3) Where the owner delays in providing the title deeds or plans or in providing necessary information to the council, the period stated in this Act within which the compensation or matter is required to be paid or transferred or the finding of the board of assessors is otherwise required to be carried out, is considered to be extended by the period of delay caused by the owner.

1988 c35 s301

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Payment into court

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

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

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

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

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

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

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

(a) is under a disability;

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

(c) is not entitled to sell or convey it,

the compensation payable in respect of the land or property may be paid by the council into the Supreme Court under subsection (1).

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

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

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

1988 c35 s302

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Payment out of court

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

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

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

1988 c35 s303

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Sale of expropriated land

304. (1) The council may sell or otherwise dispose of land or property acquired by expropriation, agreement or gift on the terms and conditions and for the consideration that it thinks appropriate, where the sale or disposition is for the purpose for which the land or property was acquired.

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

1988 c35 s304

PART IX
RECEIVERSHIP

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Receivership

305. Where the Lieutenant-Governor in Council has reason to believe following an audit of the accounts of the council by the auditor general or an auditor appointed by the auditor general, that the city is insolvent or is in imminent danger of insolvency and that it is in the best interests of the city and its creditors that the city be disbanded and its affairs wound up, the Lieutenant-Governor in Council may, by order, disband the city and appoint a receiver.

1988 c35 s305

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Effect of order

306. Upon the effective date of an order made under section 305, the city is disbanded and the council and all officers of the city are retired from office and are no longer qualified to act for or on behalf of the city or to exercise the functions, powers, and authority vested in the council, and the officers.

1988 c35 s306

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Ministerial direction

307. The receiver is subject to the direction of the minister in all things concerning the performance of his or her duties.

1988 c35 s307

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Duty of officers

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

(2) A person who fails to comply immediately with a request of a receiver under subsection (1) is guilty of an offence and liable on summary conviction to a fine not exceeding $100 and in default of payment to imprisonment for a term not exceeding 3 months.

1988 c35 s308

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Powers of receiver

309. Upon his or her appointment the receiver

(a) shall realize upon all the assets of the city comprising arrears of taxes and other liquid assets; and

(b) shall, with the approval of the minister and in the manner prescribed by the minister, sell or otherwise dispose of the property of the city and execute in the name of and on behalf of the city all deeds, conveyances, transfers, assignments, receipts and other documents, and for that purpose use where necessary the seal of the city.

1988 c35 s309

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Books of account

310. (1) The receiver shall keep proper and correct books of account relating to the affairs of the city, showing the true financial condition of the city.

(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 in the manner prescribed by sections 107 to 115.

1988 c35 s310

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Receiver's records

311. The receiver shall keep a correct record of all the proceedings taken by him or her relating to the affairs of the city and shall give the minister a full statement upon completion of his or her duties.

1988 c35 s311

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Application of money

312. (1) All money realized by the receiver shall be applied by him or her in payment of the liabilities of the city where circumstances permit, after paying the costs and expenses incidental to the receivership, including the remuneration of the receiver, in the following order of priority:

(a) payment of salaries to officers of the city up to the time of the disbanding of the city;

(b) payment of amounts owing to the province by the city; and

(c) payment of the other just debts of the city rateably and without preference or priority.

(2) A surplus remaining after the payment of the liabilities of the city shall be paid into the Consolidated Revenue Fund by the receiver.

1988 c35 s312

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Payment of receiver

313. The receiver shall be paid out of the funds of the city the sum for his or her services and travelling and other expenses that the minister may determine.

1988 c35 s313

PART X
ELECTIONS PROCEDURES

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Interpretation

314. (1) In this Part

(a) "clerk" means the city clerk;

(b) "councillor" means a city councillor and includes the mayor;

(c) "court" means the Trial Division;

(d) "judge" means a judge of the Trial Division; and

(e) "municipality" means a municipal authority under the Department of Municipal and Provincial Affairs Act.

(2) Where in the opinion of the minister, the area of the city is likely to be larger on polling day than it is when an enumeration is conducted, the term "the city" shall be construed to mean that larger area for the purpose of preparing the list of voters or determining the qualifications of candidates or voters.

(3) Nothing in this Act shall be construed so as to permit a person who on polling day is not ordinarily resident within the boundaries of the city on that day to be a voter or to be a candidate.

1988 c35 s314

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Presence of agents

315. Where in this Part expressions are used requiring or authorizing an act or thing to be done in the presence of the agents of the candidates,

(a) they are considered to refer to the presence of the agents of the candidates that are authorized to attend and who have in fact attended at the time and place where the act or thing is being done; and

(b) the non-attendance of an agent at the time and place does not invalidate the act or thing if it is otherwise done.

1988 c35 s315

DIVISION A
ELECTIONS GENERALLY

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General elections

316. (1) General elections shall take place every 4 years on the 2nd Tuesday of November in a year.

(2) Where the date for holding an election falls on a statutory holiday the election shall be held on the day following that is not a holiday.

(3) The minister may, by order, defer the general election to be held under subsection (1) for periods not exceeding 3 months in total.

1988 c35 s316

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Special elections

317. (1) The minister may order the holding of an election or by-election for the city on a day set out in the order and may appoint a returning officer to conduct the election.

(2) An election or by-election held under subsection (1) is to be held in the same manner as another election or by-election held under this Part.

(3) Where an election or by-election is ordered to be held under subsection (1), the councillors affected by the order continue to hold office until the councillors elected to succeed them are sworn into office.

(4) Where a by-election is held under subsection (1), the councillor elected holds office for the unexpired term of the councillor whom he or she replaces.

(5) The minister may, by order, defer an election or by-election ordered to be held under this section for periods not exceeding 1 year in total.

1988 c35 s317

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By-elections

318. (1) Where a vacancy occurs in the office of a councillor or the number of councillors is increased prior to 12 months before the expiration of the term of office of the council, the council shall order a by-election for a councillor to hold office for the unexpired term of the council.

(2) A by-election held under subsection (1) shall be held in the same manner as an election held under this Part, and shall take place within 3 months of the vacancy or increase in the council.

(3) The council may defer a by-election to be held under this section for periods not exceeding 1 year in total.

(4) Where no person is nominated for a by-election held under subsection (1) and the minister does not appoint a person to fill the vacancy or does not reduce the number of councillors within 1 month of nomination day, the council shall call a new by-election under this section.

(5) Where a by-election is held as a result of an increase in the number of councillors to represent an area added to a municipality, the qualifications of voters and candidates in that area is to be determined as if the by-election were the 1st election held after the establishment of the town.

1988 c35 s318

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Filling vacancies

319. (1) Where, in an election or by-election held under this Act

(a) no candidates are nominated;

(b) fewer candidates are nominated than there are councillors to be elected; or

(c) for another reason the number of councillors to be elected is less than that provided for in an election or by-election,

the minister may, after the date fixed for nomination day, appoint as many councillors as is necessary to bring the council up to the number provided for the council.

(2) A councillor appointed under subsection (1) holds office for the same term as he or she would have served if elected as a councillor by the election or by-election.

1988 c35 s319

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Appointment where no quorum

320. (1) Where the number of councillors holding office is less than a quorum, the minister may appoint a sufficient number of councillors to make a quorum.

(2) A councillor appointed under subsection (1) holds office until the expiration of the term of office of the councillors who held office on his or her appointment.

1988 c35 s320

DIVISION B
ELECTION ORGANIZATION

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Returning officer

321. The clerk shall be the returning officer for an election held under this Part and where there is no clerk or the clerk is unable to act, the council shall appoint a returning officer.

1988 c35 s321

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Where 1 poll

322. Where the city is not divided into wards or polling divisions, elections shall be conducted by the returning officer and a poll clerk appointed by the council.

1988 c35 s322

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Polling divisions

323. A council may establish 2 or more polling divisions for the city and for each ward where wards have been established and shall appoint a deputy returning officer and a poll clerk for each polling division and shall designate the location of the polling divisions.

1988 c35 s323

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Wards

324. Where the city is divided into wards, elections shall be conducted by a deputy returning officer and a poll clerk appointed for the ward by the council where a ward is not divided into polling divisions.

1988 c35 s324

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Absence of deputy returning officer

325. Where, on nomination day or on the day of the election a returning officer or a deputy returning officer at a poll is unable to act, the poll clerk at that poll assumes the powers and shall perform the duties of the returning officer or deputy returning officer.

1988 c35 s325

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Ineligible persons

326. The following persons are ineligible to serve as a returning officer, deputy returning officer or poll clerk or other election official in connection with an election held under this Part or the preparation of a list of electors for that election:

(a) a councillor for the city;

(b) a person who has been found guilty of an offence or dereliction of duty under this Part within 5 years of the election; and

(c) a person who intends to be nominated or is nominated to be a candidate in the city.

1988 c35 s326

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Nominations

327. (1) The council shall designate the place for receiving nominations.

(2) Candidates shall be nominated between the hours of 8 a.m. and 8 p.m. on the 21st day before the holding of the poll.

1988 c35 s327

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Notice

328. Notice of the time and place fixed for nominating candidates and of the time and place of holding the poll, where a poll is granted, shall be posted in the city by the returning officer for the 10 days before the time fixed for the nomination of candidates, and published in a newspaper having general circulation in the city during that period.

1988 c35 s328

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Qualifications

329. (1) A person is qualified to be nominated as a councillor who

(a) is eligible to vote in an election held under this Act in the city or ward in which he or she is nominated to serve as a councillor;

(b) is not in arrears of taxes payable to the city for a prior year; and

(c) is ordinarily resident in the city for a period of 6 months before nomination day either in the city or in an area that on election day is part of the city.

(2) A person is not qualified to be nominated as a councillor while he or she holds an office under the council to which a salary or remuneration payable out of the funds of the city is attached or while the person is employed by the council.

(3) A person is not qualified to be nominated as councillor where

(a) he or she was a member of a council that was dismissed; or

(b) he or she was individually dismissed as a member of a council

where the election is held within 2 years of the date of the dismissal.

1988 c35 s329

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Nomination procedure

330. (1) A candidate for the office of councillor shall be nominated by persons eligible to vote resident in the ward for which he or she is a candidate, where the city is divided into wards, or by persons eligible to vote resident in the city where the city is not so divided.

(2) A nomination

(a) shall be in writing;

(b) shall state the name, residence and occupation of the candidate;

(c) shall be signed by the proposer and seconder both of whom shall be present together with the candidate who shall also sign signifying his or her acceptance; and

(d) shall be in Form A of Schedule C.

1988 c35 s330

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Declaration of qualification

331. The returning officer shall not receive the nomination paper of a candidate unless there is attached to it a declaration of qualification in Form B of Schedule C.

1988 c35 s331

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Illness of candidate

332. Where a candidate is unable to attend at his or her nomination because of illness or absence from the city and is thereby unable to signify his or her acceptance or complete his or her declaration of qualification the returning officer may accept a declaration to that effect from 1 of the candidate's nominators together with a declaration from the nominator that the candidate possesses the qualifications required by this Part and accepts the nomination.

1988 c35 s332

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Deposit

333. (1) A candidate shall at the time of his or her nomination deposit a sum of $50 with the returning officer.

(2) The returning officer shall repay the deposit

(a) to each candidate who is declared elected; and

(b) to each candidate for whom there is polled not less than 1/2 of the votes polled for a candidate who is declared elected.

(3) The returning officer shall pay to the council the deposit paid to him or her by a candidate who is not declared elected and for whom there is polled less than 1/2 of the votes polled for a candidate who is declared elected.

(4) The council shall apply sums of money paid to it under subsection (3) towards the expenses of the election.

1988 c35 s333

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Notice of candidates

334. The returning officer shall, within 7 days after the date on which nominations are to be filed, give notice of the names of the candidates by publishing them in a newspaper circulating in the city and by posting up notices in the city or in the wards in which elections are to be held.

1988 c35 s334

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Acclamation

335. Where

(a) only as many candidates for the office of councillor are nominated as there are councillors to be elected; or

(b) fewer candidates for the office of councillor are nominated than there are councillors to be elected,

the returning officer shall, without a poll being taken, declare those candidates who are nominated to be elected at the close of nominations.

1988 c35 s335

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Grant of poll

336. Where more candidates are nominated for the office of councillor than there are councillors to be elected or, where the city is divided into wards, more than the required number of candidates are nominated for a ward, the returning officer shall grant a poll for the taking of votes in the city or wards.

1988 c35 s336

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Voters

337. (1) A Canadian citizen who is 18 years of age or older is qualified to vote at an election where he or she has been ordinarily resident for the 30 days immediately preceding election day either in the city or in an area that on election day is part of the city.

(2) The returning officer, except where there is an equality of votes, is disqualified from voting at an election.

1988 c35 s337; 1989 c12 s8; 1990 c62 s7

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Place of voting

338. (1) Where the city is divided into wards or polling divisions, each voter shall vote in the ward or polling division in which he or she ordinarily lives on election day, as determined by the Rules of Residency set out in section 340.

(2) A voter shall not vote in more than 1 ward or polling division during an election.

1988 c35 s338

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Prohibition

339. (1) A person shall not vote in more than 1 municipality on election day.

(2) Notwithstanding subsection (1), a person may vote for a regional council having jurisdiction over the area in which the city is located.

1988 c35 s339

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Rules of residency

340. For the purposes of this Part, the place where a person is ordinarily resident shall be determined in accordance with the following rules:

General rule

1. The municipality where a person is ordinarily resident is that municipality in which the person has his or her principal or only residence, home, lodging or habitation to which, whenever absent from it, he or she returns or indicates by his or her ordinary conduct an intention to return.

One municipality only

2. (1) While a person can live in more than 1 place in the province, he or she may not have more than 1 municipality at a time in which he or she is ordinarily resident.

(2) Unless the person stops being ordinarily resident in the province under Rule 4, a person remains ordinarily resident in 1 municipality in the province until he or she acquires, under Rule 1, another place in the province in which the person becomes ordinarily resident.

Temporary absence

3. A person does not stop being ordinarily resident in a municipality because he or she has, for a temporary purpose only, left his or her principal or only residence, home, lodging or habitation in that municipality.

Ceasing ordinary residence

4. Where a person goes to a place outside the municipality for a purpose other than

(a) for a vacation or holiday;

(b) to attend a university or similar education institution; or

(c) to obtain medical or hospital care,

with the intention of remaining in that place for an indefinite period, the person stops being ordinarily resident in the municipality notwithstanding that he or she may intend to return at some future time, unless the person continues to maintain a residence in the municipality in which his or her spouse and family have their home.

Married person

5. In the absence of credible proof establishing the contrary, a married person may be presumed

(a) to be ordinarily resident in the municipality in the province in which the spouse or family of that person eats and sleeps and to which, when away, that person returns or indicates by his or her ordinary conduct an intention to return; or

(b) where the married person is living apart from his or her spouse and family with the intention of remaining apart to be ordinarily resident in the municipality in which that person resides or lodges or to which, when away, he or she returns or indicates in his or her ordinary conduct an intention to return, without regard to where meals are taken or to place of employment.

Unmarried person

6. In the absence of credible proof establishing the contrary, an unmarried person is ordinarily resident in the municipality where the person occupies a room or part of a room as a regular lodger or to which he or she habitually returns because of not having another permanent lodging place, without regard to where that person takes the person's meals or is employed or to where the person's parents or siblings have their residence, home, lodging or habitation.

Students

7. In the absence of credible proof establishing the contrary, a person who, being registered and in attendance at a recognized educational institution in the province, lives or lodges in a place other than a place within which the person has his or her residence, home, lodging or habitation when not attending that educational institution, does not become ordinarily resident in the municipality in which the person lives or lodges for the purpose of attending the educational institution.

1988 c35 s340

DIVISION C
VOTING

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Oath or affirmation of voters

341. (1) A voter shall, before voting, where required by a candidate or agent, swear an oath or make an affirmation in Form C of Schedule C, which shall be administered by the returning officer or deputy returning officer.

(2) A voter who refuses to swear an oath or make an affirmation under subsection (1), shall not be permitted to vote.

1988 c35 s341

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Advance polls

342. The council may hold an advance poll not more than 10 days and not less than 3 days immediately preceding the day established as polling day.

1988 c35 s342

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Notice

343. The returning officer shall give notice of the time and place of the advance poll by publishing the time and place of the advance poll at least once in each of the 2 weeks preceding the advance poll in a newspaper circulating in the city and by public notice in the city and wards.

1988 c35 s343

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Administration

344. The advance poll shall be conducted in the same manner as is provided for the conduct of other polling booths in an election, except that upon the ballot box being locked at the opening of the 1st day of the advance poll, it shall remain locked until opened for the counting of ballots after the close of the polling booths on polling day.

1988 c35 s344

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Elector at advance poll

345. Electors who have reason to believe they will be absent from the city during the whole time fixed for the election may vote at an advance poll.

1988 c35 s345

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Record of advance poll

346. At an advance poll the poll clerk shall record in the poll book the names of the electors who vote and the number of the polling division in which the elector lives.

1988 c35 s346

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Impeditive voter

347. (1) In this section, an "impeditive voter" means a voter otherwise qualified under this Part to vote who is or will be unable to vote because of being

(a) in service in the merchant marine of Canada or of another country;

(b) a fisher in the course of his or her occupation;

(c) a patient in a hospital as defined by the Hospitals Act but including similar hospitals owned or operated by the Crown in right of Canada or an agency of the Crown;

(d) a full-time student at an educational institution situated within or outside the province;

(e) a worker employed at a construction site; or

(f) a person who is certified by a medical practitioner to be so ill or infirm as to be unable to vote at a polling booth.

(2) An impeditive voter may, by an application in the prescribed form to the returning officer, authorize another person who is a qualified voter in the same city and polling division to vote on his or her behalf in a specified election in that city.

(3) An application under subsection (2) shall contain a certificate in the prescribed form

(a) in the case of a hospital patient, signed by the administrator of the hospital that the applicant is a patient described in paragraph (1)(c);

(b) in the case of a student, signed by the registrar of the educational institution that the applicant is a full-time student described in paragraph (1)(d); and

(c) in the case of a person confined to his or her residence, signed by a qualified medical practitioner under the Medical Act that the person is so confined because of illness or physical incapacity.

(4) An application under subsection (2) shall contain declarations in the prescribed form verifying

(a) that the applicant is an impeditive voter and qualified to vote in a polling division of the city in the election in respect of which the application is made; and

(b) that the proxy designated in the application is a voter qualified to vote in the same polling division in the city in the same election as the applicant.

(5) At least 6 days before the day of the election in respect of which it is made, an application under subsection (2) shall be given to the returning officer by the impeditive voter, or by his or her designated proxy, or sent to the returning officer by mail.

(6) Where satisfied that the requirements of this section have been complied with, the returning officer shall issue a proxy certificate entitling the person designated in it to vote at the polling division specified on behalf of the impeditive voter for whom the proxy is designated.

(7) No more than 1 proxy certificate may be issued for 1 impeditive voter in respect of an election, except where the proxy dies or becomes unable to cast a vote because of illness or mental incapacity.

(8) A person may not be proxy for more than 1 impeditive voter at 1 election.

(9) The minister may prescribe forms for the purposes of this section.

1988 c35 s347

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Ballot papers

348. (1) When a poll has been granted the returning officer shall immediately print a number of ballot papers, not less than the number of voters in the city or wards in which elections are to be held and shall stamp or seal with the seal of the city all ballot papers to be used in an election.

(2) The ballot papers shall contain the names and descriptions of the candidates as set out in the nomination paper, alphabetically arranged in the order of their surnames or where there are 2 or more candidates with the same surname, in the order of their other names.

(3) The ballot papers shall be in Form D of Schedule C.

1988 c35 s348

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Election materials

349. On a poll being granted the returning officer shall deliver to a deputy returning officer

(a) a list in alphabetical order of the persons qualified to vote in the polling booth for which he or she has been appointed;

(b) ballot boxes;

(c) a sufficient number of ballots and the materials necessary to enable voters to mark them;

(d) a sufficient number of directions for the guidance of voters in Form E of Schedule C; and

(e) 1 or more poll books in Form F of Schedule C.

1988 c35 s349

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Directions for voters

350. A returning officer or deputy returning officer shall post up a copy of the directions for the guidance of voters outside the polling booth and in every compartment of the polling booth and shall see that they remain so posted up until the close of the polling.

1988 c35 s350

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Voters' lists

351. (1) At least 2 months before the next election the returning officer shall

(a) where the city is not divided into wards or polling divisions, start the preparation of a list of voters in the city arranged in alphabetical order with their addresses and occupations or descriptions; or

(b) where the city is divided into wards or polling divisions, start the preparation of a list of voters in each ward or polling division where an election is to be held, arranged according to their place of residence with their occupations or descriptions.

(2) The returning officer shall ensure that the voters list is completed at least 1 month before the date of the election.

1988 c35 s351

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Publication of lists

352. The list of voters shall, for a period of 7 days from the day on which it is completed, be open to the inspection of the public at a place within the limits of the city to be named by the returning officer and notified by him or her to the public by notices published in a newspaper having general circulation in the city and by posting up notices in the city or ward.

1988 c35 s352

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Correction on list

353. Where the name of a qualified voter does not appear on the list of voters or the name of a person not qualified as an elector does appear on the list, the returning officer shall, upon receiving satisfactory proof correct the error or omission by inserting or omitting the name.

1988 c35 s353

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Effect of list

354. (1) The voters whose names appear in the list of voters certified by the returning officer are those entitled to vote at the next election and a person whose name does not appear upon the list shall not be allowed to vote at the election.

(2) Notwithstanding subsection (1), a person whose name has been omitted from the list of voters and is qualified to vote may vote at an election or by-election held under this Part upon swearing the oath or making the affirmation prescribed in Form C of Schedule C.

1988 c35 s354

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Use of list

355. (1) A list of voters prepared and revised for an election shall, where that election is deferred, constitute the list of voters for the deferred election.

(2) A list of voters prepared and revised for an election and used in that election or used in a deferred election shall constitute the list of voters for a by-election held before the next general election or for an election or by-election called by the minister before the next general election.

(3) A returning officer shall, on the request of a candidate and after payment of the prescribed fee, supply to the candidate a copy of a list of voters prepared and revised for the election.

1988 c35 s355

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Offences by officer

356. Where a returning officer

(a) neglects to perform the duties imposed upon him or her under this Part;

(b) wilfully places on the list of voters the name of a person not entitled to vote; or

(c) wilfully strikes from the list the name of a person qualified to vote,

he or she is liable on summary conviction to a fine of $100 for each offence and in default of payment to imprisonment for a period of 3 months.

1988 c35 s356

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Opening and close of poll

357. (1) A returning officer, or deputy returning officer, shall at 8 a.m. of the day of the election open the poll assigned to him or her and shall until 8 p.m. of that day keep the poll open and shall during that time receive in the manner prescribed the votes of all voters qualified to vote at the polling booth.

(2) Notwithstanding subsection (1), if at the hour of the closing of the poll there are voters in the polling station who have not been able to vote, the poll shall be kept open for a sufficient time to enable those voters actually present inside the outer door of the polling booth to vote.

1988 c35 s357

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Compartments

358. A polling booth shall be furnished with compartments in which voters may mark their ballots screened from observation and the returning officer shall see that a sufficient number of those compartments is provided.

1988 c35 s358

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Who may be present

359. During the holding of the poll, a person is not entitled or shall not be permitted to be present in the polling place other than

(a) the officers appointed to hold the election;

(b) the candidates to be voted for in the polling booth and their agents authorized in writing, not exceeding 1 agent for each candidate; and

(c) a voter actually engaged in voting.

1988 c35 s359

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Removal of persons

360. The returning officer, or deputy returning officer, may order the removal from the polling booth of a person who is not entitled to be present or who, being so entitled, obstructs the voting, and the order shall be executed by a constable without the order being in writing and without a warrant.

1988 c35 s360

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Maintaining order

361. A returning officer or deputy returning officer may have present or summon to his or her aid a constable for the purpose of maintaining order or preserving the peace.

1988 c35 s361

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Ballot box exhibited

362. At the hour fixed for opening the poll the returning officer, or deputy returning officer,

(a) shall declare the names of the candidates after which he or she shall show the ballot box to the candidates or their agents, or the persons that are present within the polling booth, so that they may see that the ballot box is empty; and

(b) shall then immediately lock the ballot box, place it in view for the reception of ballot papers and keep it locked until the close of the poll.

1988 c35 s362

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Oaths or affirmations

363. (1) A returning officer, deputy returning officer and poll clerk shall before entering on his or her duties swear the oath or make the affirmation in Form G of Schedule C.

(2) Every other person authorized to attend at a polling booth, or at the counting of the votes, shall before entering on his or her duties swear the oath or make the affirmation in Form H of Schedule C.

(3) A justice of the peace or the returning officer may administer the oaths or affirmations required by subsections (1) and (2).

(4) The returning officer, or deputy returning officer may administer an oath or affirmation required by this Act to be taken in the polling booth for which he or she was appointed.

1988 c35 s363

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Stating of name

364. When a voter presents himself or herself at the polling booth for the purpose of voting, the voter shall state his or her name, residence and occupation or description.

1988 c35 s364

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Checking list

365. The returning officer or deputy returning officer shall ascertain that the name of the voter is entered upon the list of voters for the polling booth in which he or she is presiding, or where the name of the person is not upon the list is entitled to swear the oath or make the affirmation prescribed in Form C of Schedule C.

1988 c35 s365

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Names of voters

366. The returning officer or deputy returning officer shall enter in the poll book the name of the voter, but shall not enter in the poll book or elsewhere the name of or anything to indicate the name of a candidate for whom the voter votes.

1988 c35 s366

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Noting of objections

367. Where a voter is objected to by a candidate or his or her agent, the poll clerk shall enter the objection in the poll book by writing opposite the name of the person whose vote is objected to the words "objected to", together with the name of the candidate by or on behalf of whom the objection is made and the returning officer or deputy returning officer shall decide whether that person may vote.

1988 c35 s367

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Noting of oath

368. Where a voter swears an oath or makes an affirmation required by this Act, the poll clerk shall enter opposite the person's name the word "sworn" or "affirmed".

1988 c35 s368

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Refusal to take oath

369. (1) Where a voter has been required to swear a prescribed oath or make an affirmation and refuses to do so, the poll clerk shall enter opposite the name of the person in the poll book the words "refused to be sworn" or "refused to affirm" and the vote of the person shall not be taken or received.

(2) Where a returning officer or deputy returning officer takes or receives a vote not permitted to be taken or received under subsection (1), he or she is liable on summary conviction to a fine of $100 or in default of payment to imprisonment for a period not exceeding 3 months.

1988 c35 s369

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Delivery of ballot paper

370. (1) Where the name of the voter is found on the list of electors for the polling booth or the voter swears the oath or makes the affirmation prescribed in Form C of Schedule C where permitted to do so by the returning officer or deputy returning officer, and where the proper entries respecting him or her have been made in the poll book in the manner prescribed, the returning officer, or deputy returning officer, shall deliver to the voter 1 ballot paper for councillor and 1 ballot paper for mayor, where there is a separate election for mayor.

(2) Where the voter has refused to swear a prescribed oath or make an affirmation or an objection is upheld under section 367, a ballot paper shall be not delivered to him or her.

(3) A person shall not vote unless he or she is ordinarily resident in the polling division on the day of election.

1988 c35 s370

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How proxy votes

371. Where a person produces to a returning officer or deputy returning officer a proxy certificate under section 347, that person may vote for the impeditive voter.

1988 c35 s371

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Explanation of voting procedure

372. The returning officer or deputy returning officer may, and upon request of a prospective voter shall, either personally or through his or her poll clerk, explain to the prospective voter as concisely as possible the mode of voting, but neither he or she nor the poll clerk shall influence the voter to vote for a candidate at the election.

1988 c35 s372

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Initialling of ballot paper

373. The returning officer, or deputy returning officer, shall not deliver a ballot paper to a voter or count ballots unless it has been initialled on the back by the returning officer or deputy returning officer.

1988 c35 s373

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Voting

374. (1) Upon receiving the ballot paper, the voter

(a) shall immediately proceed into 1 of the compartments of the polling booth and shall immediately mark the ballot paper by marking a cross with a pencil on a part of the ballot paper within the division containing the name of the candidate for whom the voter intends to vote;

(b) shall then fold the ballot paper so as to conceal the names of the candidates and the mark upon the face of the paper; and

(c) upon leaving the compartment the voter shall without delay and without showing the front or so displaying the ballot paper as to make known the candidate for whom he or she voted, deposit the ballot paper in the ballot box.

(2) The voter shall then immediately leave the polling booth.

1988 c35 s374

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Entrance to compartment

375. While a voter is in a compartment for the purpose of marking the ballot paper, a person shall not enter the compartment or be in a position from which he or she can see how the voter marks the ballot.

1988 c35 s375

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Removal of ballot paper

376. A person who having received a ballot paper takes it out of the polling booth is liable on summary conviction to a fine of $100 or in default of payment to imprisonment for a period not exceeding 3 months.

1988 c35 s376

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Failure to deposit

377. (1) A person who has received a ballot paper and leaves the polling booth without first having it deposited in the ballot box in the manner prescribed forfeits his or her right to vote at the election.

(2) The poll clerk shall make an entry in the poll book in the column for remarks to the effect that the person received a ballot paper but took it out of the polling booth or returned the ballot paper, or declined to vote.

(3) Where a person declined to vote, the poll clerk shall immediately write the word "declined" upon the ballot paper and shall preserve it and return it to the returning officer or the deputy returning officer.

1988 c35 s377

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Disabled voter

378. (1) Where a voter claiming to be entitled to vote swears an oath or makes an affirmation orally in Form I of Schedule C that he or she is incapacitated by blindness or other physical cause from marking the ballot paper or that he or she is unable to read,

(a) the returning officer, or the deputy returning officer, shall mark the ballot paper in the screened compartment in the manner directed by the person and shall place the ballot paper in the ballot box; or

(b) the voter may be accompanied by a friend into the voting compartment who may mark the ballot.

(2) The poll clerk shall make an entry opposite the name of the person in the poll book that the vote of the voter has been marked under this section and the reason why it has been so marked.

(3) A person may not act as the friend of more than 1 disabled voter in an election.

(4) In addition to the methods by which a disabled voter may vote under subsection (1), the returning officer may prescribe a plate to be affixed over the ballot paper given to a disabled voter which would enable the disabled voter to vote without assistance.

(5) Where the returning officer prescribes a plate under subsection (4), a disabled voter may, at his or her request, vote without assistance with the use of the plate.

(6) Where a disabled voter is supplied with the plate, the deputy returning officer or returning officer shall instruct the disabled voter in its use and read out the names of the candidates in the order in which they appear so that the disabled voter is made fully aware of the method by which he or she may mark the ballot.

1988 c35 s378

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Voting in hospitals, etc.

379. (1) Where a polling station has been established in a home for the aged, or a hospital or similar institution for the care and treatment of chronic illness, the deputy returning officer and the poll clerk shall, while the poll is still open on polling day and where considered necessary by the deputy returning officer,

(a) suspend temporarily the voting in the polling station; and

(b) with the approval of the person in charge of the institution, carry the ballot box, poll book, ballot papers and other necessary election documents from room to room in the institution to take the votes of those bedridden patients who are presumed to be ordinarily resident in the polling division in which the institution is situated and are otherwise qualified as voters.

(2) The procedure to be followed in taking the votes of bedridden patients referred to in subsection (1) shall be the same as that prescribed for an ordinary polling station.

1988 c35 s379

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Spoiled ballot

380. (1) A voter who has inadvertently dealt with the ballot paper in a manner that it cannot be conveniently used is, upon returning it to the returning officer, or deputy returning officer, entitled to obtain another ballot paper.

(2) The returning officer or deputy returning officer, shall write the word "cancelled" upon the returned ballot paper and preserve it.

1988 c35 s380

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Counting of ballots

381. (1) Immediately after the close of the poll the returning officer or deputy returning officer

(a) shall first place all the cancelled and declined ballot papers in separate packets and seal them up; and

(b) shall then count the number of voters whose names appear on the poll book and sign the following certificate, which shall be entered in the poll book on the line immediately below the name of the voter who voted last:

"I certify that the number of voters who voted at the election in this polling booth is (stating the number in words) and that A.B. was the last person who voted at this polling booth.".

(2) Immediately after the certificate required by subsection (1) has been signed the returning officer, or deputy returning officer, in the presence and in full view of the poll clerk and the candidates or their agents who may be present, shall open the ballot box and count the total number of ballots cast and the number of votes for each candidate, giving full opportunity to those present to examine each ballot paper.

1988 c35 s381

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Rejected ballots

382. (1) In counting the votes, the returning officer, or deputy returning officer, shall reject all ballot papers

(a) that have not been initialled by him or her;

(b) that have given votes for more candidates than there are to be elected; or

(c) upon which there is a writing or mark by which the voter can be identified or that has been so torn, defaced or otherwise dealt with by the voter in a manner that the voter can be identified.

(2) A ballot paper shall not be rejected under subsection (1) by reason only that it has been marked with a writing instrument other than a black lead pencil or it has a mark other than a cross, as long as the mark does not constitute identification of the voter.

(3) A ballot paper shall not be rejected in its entirety only because 1 or more of the votes on the ballot paper is rejected and in that case the votes not rejected shall be counted.

1988 c35 s382

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Objections

383. (1) The returning officer, or deputy returning officer, shall note in the poll book an objection taken to a ballot paper by a candidate or his or her agent and shall decide the objections.

(2) Each objection shall be numbered and a corresponding number shall be placed on the back of the ballot paper and initialled by the returning officer, or the deputy returning officer, and where the objection is upheld the word "rejected" shall be marked on the face of the ballot paper.

1988 c35 s383

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Account of ballots

384. (1) All ballots except those rejected shall be counted and an account shall be kept of the number of votes given and allowed for each candidate.

(2) All the ballot papers shall be put into separate packets as follows:

(a) all the used ballot papers that have not been objected to and have been counted;

(b) all the used ballot papers that have been objected to and have been counted;

(c) all the rejected ballot papers;

(d) all the cancelled ballot papers;

(e) all the ballot papers used but unmarked;

(f) all the declined ballot papers; and

(g) all the unused ballot papers.

(3) A packet shall be endorsed so as to indicate its contents and the polling division or ward to which it relates and shall be sealed by the returning officer, or the deputy returning officer.

1988 c35 s384

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Election report

385. (1) The returning officer, or deputy returning officer, shall make out a statement in duplicate as to

(a) the number of ballot papers received;

(b) the number of ballot papers cast;

(c) the number of ballot papers that have been objected to and have been counted;

(d) the number of used ballot papers that have not been objected to and have been counted;

(e) the number of rejected ballot papers;

(f) the number of cancelled ballot papers;

(g) the number of ballot papers used but not marked;

(h) the number of declined ballot papers;

(i) the number of ballot papers taken from the polling booth;

(j) the number of unused ballot papers; and

(k) the number of votes given for each candidate.

(2) The statement shall be signed by the returning officer, or the deputy returning officer, and the poll clerk.

(3) One statement shall be attached to the poll book and the other, in the case of a deputy returning officer, shall be delivered by him or her to the returning officer.

1988 c35 s385

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Oath of poll clerk

386. The poll clerk shall immediately after the completion of the counting of the votes, swear an oath or make an affirmation in Form J of Schedule C.

1988 c35 s386

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Disposition of documents

387. The poll book, the list of electors, the packets containing the ballots, and all other documents related to the election, except for the statement referred to in subsection 385(2) shall then be placed in the ballot box.

1988 c35 s387

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Delivery of ballot box

388. (1) The returning officer, or deputy returning officer, shall then immediately lock and seal the ballot box and its opening and in the case of a deputy returning officer shall immediately deliver it personally to the returning officer together with the key.

(2) Where a deputy returning officer is unable to deliver the ballot box because of illness or other immediate cause he or she shall deliver it and the statement to the poll clerk and shall take a receipt for it and the poll clerk shall immediately deliver the ballot box and the statement personally to the returning officer and shall swear before him or her the oath or make the affirmation in Form K of Schedule C.

(3) Immediately after he or she has delivered the ballot box to the returning officer, the poll clerk or the deputy returning officer shall swear the oath or make the affirmation in Form K of Schedule C.

(4) The returning officer shall remain in his or her office on the evening of polling day until all the ballot boxes have been returned to him or her.

1988 c35 s388

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Time of sealing of ballot boxes

389. (1) Unless it is otherwise ordered by a judge, or unless a recount is demanded, the ballot boxes shall remain locked and sealed as handed to the returning officer and the keys retained by him or her for a period of 30 days after the election and until the termination of a legal proceeding instituted to test the validity of the election taken within that period of time.

(2) Where the time has elapsed under subsection (1), the ballot boxes shall be unlocked and unsealed and the ballot papers shall be destroyed by the returning officer.

1988 c35 s389

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Declaration of result

390. (1) After the returning officer has received the ballot boxes and statements of the number of votes given at each polling booth, the returning officer

(a) shall, without opening the ballot boxes, add up from the statements he or she has received the number of votes for each candidate;

(b) shall, at his or her office or some other public place, not later than noon on the day following the day on which the polling is held publicly declare to be elected the candidate receiving the largest number of votes, together with, in the case where more than 1 candidate is entitled to be elected, the candidates up to the remaining number entitled to election standing in order on the basis of the number of votes received; and

(c) shall also put up in some conspicuous place a statement prepared by him or her showing the number of votes for each candidate.

(2) The returning officer may, after he or she has received statements from polling booths and before publicly declaring elected a candidate, indicate to the public the statement of the number of votes given at the polling booths.

1988 c35 s390

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Tie vote

391. Where, upon the counting of the votes, 2 or more candidates have an equal number of votes where both or all of the candidates cannot be elected, the returning officer shall immediately give a vote for 1 or more of the candidates so as to decide the election.

1988 c35 s391

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Election report

392. Within 7 days after an election is held under this Act the returning officer shall forward a report on it to the minister.

1988 c35 s392

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Official's offences

393. (1) A returning officer, deputy returning officer, poll clerk, candidate, or other person present within the polling booth where an election is being held, who in contravention of this Act

(a) gives a ballot paper to a voter;

(b) offers to give a voter advice as to the person for whom he or she should vote;

(c) interferes with the voter in the exercise of his or her vote; or

(d) divulges to a person the name of the candidate for whom a voter has voted,

is liable on summary conviction for each offence to a fine of $50 or in default of payment to imprisonment for 1 month.

(2) A returning officer, deputy returning officer, or poll clerk who wilfully miscounts the ballots or otherwise makes up a false statement of the poll is liable on summary conviction to a fine of $200 or in default of payment to imprisonment for 6 months.

1988 c35 s393

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Improper voting

394. (1) A person who

(a) not being entitled to vote, knowingly and wilfully votes;

(b) fraudulently tenders more than 1 ballot paper when voting; or

(c) votes or attempts to vote under the name of another voter, or having so voted or attempted to vote applies for a ballot paper in his or her own name,

commits a corrupt practice and is liable on summary conviction for each offence to a fine of $50 or in default of or in addition to the fine to imprisonment for 1 month.

(2) A penalty or imprisonment, and a conviction for an offence, does not operate as a bar to the recovery of another penalty, or to a prosecution or proceeding to which the person would otherwise be liable.

1988 c35 s394

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Request for recount

395. (1) Where, within 3 days after the day of election, a candidate or his or her agent requests a recount of the votes cast in the city or ward for which he or she was nominated, the returning officer shall appoint a time, to be within 3 days after the request, to recount the votes at his or her office.

(2) The returning officer shall notify every candidate at the election of the request for a recount and of the time and place appointed to recount the votes.

(3) The returning officer may summon deputy returning officers, and poll clerks at the election to attend at the recount at the time appointed and may command them to bring with them papers in their custody or possession relating to the election.

(4) The candidate who requests the recount shall pay the cost of it in the amount that the returning officer may certify where, as a result of the recount, there is no improvement in the standing or position of that candidate in relation to the other candidates in the election.

1988 c35 s395

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Persons present at recount

396. The returning officer, and a person he or she appoints as an assistant, and each candidate or his or her agent, or at least 3 voters of the city or ward in which the election was held, shall be present at the recount.

1988 c35 s396

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Recount

397. At the time and place appointed, the returning officer shall proceed to recount the votes in the ballot box and shall decide upon the validity of every ballot.

1988 c35 s397

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Provincial Court recount

398. In the case of an election where there is 1 polling booth and the returning officer has acted in the role of deputy returning officer in that polling booth, a Provincial Court judge in whose district the city is, shall conduct the recount.

1988 c35 s398

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Declaration of result

399. (1) As soon as he or she ascertains the result of the poll, the person conducting the recount shall declare to be elected the candidate having the largest number of votes, together with, in the case where more than 1 candidate is entitled to be elected, the candidate up to the remaining number entitled to election standing next in order on the basis of number of votes received.

(2) In the event of a tie the casting vote shall be given in the same manner as provided in section 391.

1988 c35 s399

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Election expenses

400. All the costs of the holding of elections or by-elections or special elections shall be paid out of the funds of the council.

1988 c35 s400

DIVISION D
ELECTION PETITIONS

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Petitions

401. (1) A petition complaining of

(a) an unlawful return or election of a councillor;

(b) no return or a double return; or

(c) an unlawful act committed by a candidate returned by which the candidate is alleged to have become disqualified to serve on the council,

may be presented to the Trial Division by a candidate for the election or by a person who had the right to vote at the election.

(2) The production of the list of electors containing the name of the petitioner as set out in the petition, or a copy certified by the returning officer to be a true copy of the list used at the election in the city, is conclusive evidence that the petitioner could lawfully present the petition.

(3) Where the petitioner was a candidate at the election, or where there is no list of electors or the petitioner's name does not appear on the list, an affidavit by the petitioner that he or she was a candidate or an elector at the election, is conclusive evidence that the petitioner could lawfully present the petition.

1988 c35 s401

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Petition re no return

402. Where a petition is presented under this Part complaining of no return, an order may be made by the court as it considers expedient for compelling a return to be made, or the court may allow the petition to be tried in the manner provided with respect to ordinary election petitions.

1988 c35 s402

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Deemed respondent

403. Where an election petition complains of the conduct of a returning officer, the returning officer is considered to be a respondent.

1988 c35 s403

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Joining of respondents

404. Two or more candidates may be made respondents to the same petition and their cases may for the sake of convenience be tried at the same time, but as regards the security to be given on behalf of the petitioner, and for all other purposes of this Part, the petition is considered to be a separate petition against each respondent.

1988 c35 s404

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Form of petition

405. (1) The petition need not be in a particular form but it must complain

(a) of the unlawful return or unlawful election of a councillor;

(b) that no return has been made;

(c) that a double return has been made;

(d) of some matter contained in a special return made; or

(e) of some unlawful act by a candidate.

(2) The petition must be signed by the petitioner.

1988 c35 s405

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Limitation period

406. (1) A petition complaining of the unlawful return or the unlawful election of a councillor or of a double return may be presented within 30 days after the return has been made by the returning officer of the councillor to whose election the petition relates.

(2) Where the petition questions the return or election upon an allegation of corrupt practices, and specifically alleges a payment of money or other reward to have been made by a councillor or on his or her account or with his or her knowledge since the time of the return in pursuance of the corrupt practices, the petition may be presented within 1 month after the date of the alleged payment.

1988 c35 s406

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Amendment of petition

407. A petition presented within the limitation period may, upon an allegation of a corrupt or illegal practice upon which a petition might be presented, and with the leave of the court, be amended by alleging the corrupt or illegal practice before the expiration of the time within which a petition based upon the corrupt or illegal practice might have been presented.

1988 c35 s407

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Petition re no return

408. Where a petition complains of no return, it may be presented after the expiration of 7 days after the day upon which the return should have been made.

1988 c35 s408

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Counter- petition

409. A candidate against whom a petition has been presented may, within 15 days from the presentation of the petition, present a petition to the court complaining of the unlawful return or election of a person, or of an unlawful act committed by a person who has been a candidate at an election under this Part.

1988 c35 s409

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Presentation of petition

410. The presentation of a petition shall be made by delivering it to the Registry of the Supreme Court during office hours.

1988 c35 s410

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Security for costs

411. (1) At the time of the presentation of the petition, security for the payment of all costs, charges, and expenses that may become payable by the petitioner shall be given by the petitioner or on his or her behalf by 2 approved sureties by a deposit of money with the registrar to the amount of $400.

(2) The Registrar of the Supreme Court shall give a receipt for the deposit, which shall be evidence of the sufficiency of the deposit.

1988 c35 s411

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Service of petition

412. Notice of the presentation of a petition under this Part and of the security, accompanied by a copy of the petition, shall, within 10 days or a further time that the court shall allow for the service of the petition, be served on the respondent.

1988 c35 s412

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Preliminary objections

413. (1) Within 5 days after the service of the petition, or a further time that the court allows, the respondent may file in the court a preliminary objection or grounds of insufficiency that he or she may have to urge against the petition or petitioners, or against a further proceeding, and shall in that case at the same time serve a copy upon the petitioner.

(2) The court shall hear the parties on the objections and grounds and shall decide the matter in a summary manner.

1988 c35 s413

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Answer

414. Within 5 days after the decision upon the preliminary objections and upon the hearing of the objection, where disallowed, or on the expiration of the time for presenting it, where none has been presented, the respondent may file a written answer to the petition and shall serve a copy upon the petitioner.

1988 c35 s414

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Time of trial

415. Whether an answer is or is not filed, the petition is at issue after the expiration of the time for filing it, and the court may after that time upon the application of either party fix some convenient time for the trial of the petition.

1988 c35 s415

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Notice of trial

416. Notice of the time and place at which election petitions are to be tried shall be given by the petitioner not less than 10 days before the day on which the trial is to take place.

1988 c35 s416

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Adjournment of trial

417. The trial may be adjourned from time to time and from 1 place to another upon cause shown supported by affidavit where special circumstances exist that, in the opinion of the judge make it desirable to do so, but the trial where practicable shall be proceeded with from day to day until concluded.

1988 c35 s417

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Judge's certificate

418. (1) At the conclusion of the trial the judge shall determine

(a) whether the councillor whose election or return is complained of was returned or elected;

(b) whether some other person should be returned or elected; or

(c) whether the election is void.

(2) The judge shall immediately certify in writing the determination to the minister, appending to it a copy of the notes of the evidence.

(3) The determination of the judge as certified is final.

1988 c35 s418

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Report where corrupt practices

419. Where a charge is made in an election petition of a corrupt practice having been committed at the election to which the petition refers, the judge shall in addition to the certificate and at the same time report in writing to the minister

(a) whether a corrupt practice has or has not been proved to have been committed by or with the knowledge or consent of a candidate at the election, and the nature of the corrupt practice;

(b) the names of all persons, who have been proved at the trial to have been guilty of a corrupt practice; and

(c) whether corrupt practices have extensively prevailed at the election to which the petition relates, or there is reason to believe that the corrupt practices have extensively prevailed.

1988 c35 s419

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Invalidation of election

420. (1) When it is found by the judge upon a petition under this Part that a corrupt practice has been committed by or with the knowledge or consent of a candidate at the election complained of, the candidate is considered to be personally guilty of the corrupt practice and the candidate's election is void.

(2) In addition to the consequences of a finding of a corrupt practice under subsection (1) the candidate may not again be a candidate for election to a council held within 4 years of the finding of the corrupt practice.

1988 c35 s420

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Special case stated

421. (1) Where, upon the application of a party to an election petition made to the judge, it appears to the judge that the case raised by the petition can be conveniently stated as a special case, the judge may direct that it be so stated, and the special case shall be heard and decided before the judge.

(2) Upon making a decision, the judge shall certify to the minister his or her decision on the special case.

1988 c35 s421

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Charge of corrupt practice

422. Unless the judge otherwise directs, a charge of a corrupt practice may be gone into and evidence in relation to it received before proof has been given of complicity on the part of a candidate in respect of the corrupt practice.

1988 c35 s422

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Ministerial action

423. The minister shall at the earliest practical moment after he or she receives the certificate and report of the judge, give the necessary directions and adopt all the proceedings necessary for confirming or altering the return or for the ordering of a new election or for otherwise carrying the determination into effect.

1988 c35 s423

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Consolidation of petitions

424. Where more than 1 petition is presented relating to the same election or return, all the petitions may be dealt with on the application of the respondent in the same manner as actions may be consolidated according to the practice of the court.

1988 c35 s424

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Withdrawal of petition

425. (1) An election petition

(a) may be withdrawn by leave of the court on application of the petitioners, subject to the terms that the court may direct; or

(b) may, upon the application of the respondent and by leave of the court be dismissed after 2 months from the filing of it, for want of prosecution.

(2) Where there is more than 1 petitioner, no application to withdraw a petition may be made except with the consent of all the petitioners.

(3) Where a petition is withdrawn, the petitioner is liable to pay the costs of the respondent unless the court otherwise orders.

1988 c35 s425

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Abatement of petition

426. (1) An election petition under this Act is ended by the death of a sole petitioner or of the survivor of several petitioners or by the death of the respondent.

(2) The ending of a petition does not affect the liability of the petitioner for the payment of costs previously incurred.

1988 c35 s426

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Substituted petitioners

427. (1) On the ending of a petition by the death of a sole petitioner or the survivor of several petitioners, a person who might have been a petitioner in respect of the election to which the petition relates may, within 21 days after the ending, apply to the court to be substituted as a petitioner.

(2) The court may substitute as a petitioner an applicant who wishes to be substituted and on whose behalf security to the same amount is deposited as is required in the case of a new petition.

1988 c35 s427

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Taxation of costs

428. All costs, charges and expenses paid or incurred by a party to an election petition shall be taxed and allowed by the judge and may be recovered by execution as in ordinary cases.

1988 c35 s428

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Powers of court

429. (1) The court may summon and compel the attendance of witnesses and process and punish for contempt in the same manner as the Supreme Court, and the general law of evidence and pleading govern the proceedings and trial upon an election petition.

(2) A person who has voted at an election shall not in a legal proceeding to question the election or the result of the election be required to state for whom he or she has voted.

(3) Notwithstanding subsection (1), a person shall not be excused from answering a question put to him or her in an action, suit or other proceeding before a judge touching or concerning the election or the conduct of a person during or in relation to the election on the ground of a privilege or on the ground that the answer to the question will tend to incriminate him or her as an offender under this Part.

1988 c35 s429

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Procedure

430. Where the procedure is not specially provided for under this Act, the procedure upon the hearing of petitions provided under the Judicature Act and the Rules of the Supreme Court, 1986 apply.

1988 c35 s430

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Minor corrupt practice

431. Where a corrupt practice was committed by an agent without the knowledge and consent of the candidate, and the corrupt practice was of such trifling nature or extent that the result of an election cannot have been affected by the practice either alone or in conjunction with other corrupt practices at the election, the corrupt practice shall not void the election.

1988 c35 s431

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Unintentional corrupt practice

432. Where the judge upon the trial of an election petition finds

(a) that an act constituting in law a corrupt practice was committed by a candidate or with his or her knowledge and consent, but without corrupt intent, and by an inadvertence that was involuntary and excusable; and

(b) that the evidence showed the candidate to have honestly wished and in good faith tried as far as he or she could to have the election conducted according to law,

the candidate is not subject to the penalties and disabilities that he or she would otherwise incur.

1988 c35 s432

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Effect of mistakes

433. No election is or may be declared to be invalid

(a) for non-compliance with the provisions of this Part as to the taking of the poll or anything preliminary to the poll or as to the counting of the votes;

(b) because of a mistake in the use of the prescribed forms; or

(c) because of a mistake or irregularity in the proceedings at or in relation to the election,

where it appears to the court by which the validity of the election or a proceeding in relation to it is to be determined that the election was conducted in accordance with the principles laid down in this Part, and it does not appear that the non-compliance, mistake, or irregularity affected the result of the election.

1988 c35 s433

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Illegal payments

434. (1) A person commits a corrupt practice and is guilty of an offence who

(a) directly, indirectly or by another person acting on his or her behalf, gives or lends or agrees to give or lend, or offers, promises, or promises to procure or to try to procure, money or valuable consideration

(i) to or for a voter,

(ii) to or for a person on behalf of a voter, or

(iii) to or for another person,

in order to induce a voter to vote or refrain from voting, or corruptly does an act on account of the voter having voted or refrained from voting at an election;

(b) directly, indirectly or by another person acting on his or her behalf, gives or procures, or offers or promises to procure, or tries to procure an office or place of employment for a voter or for another person in order to induce the voter to vote or refrain from voting, or corruptly does an act on account of a voter having voted or refrained from voting at an election;

(c) directly, indirectly or by another person acting on his or her behalf, makes a gift, loan, offer, promise, procurement or agreement to or for a person in order to induce the person to procure or try to procure the election of a person as a councillor or the vote of a voter at an election;

(d) upon or in consequence of a gift, loan, offer, promise, procurement or agreement, procures or promises or tries to procure the election of a person to serve as a councillor or the vote of a voter at an election; or

(e) advances or pays money to or to the use of a person, with the intent that the money or part of it is to be used contrary to this section at an election, or knowingly advances or pays money to a person in discharge or repayment of money wholly or in part so used at an election.

(2) Subsection (1) does not extend to money paid or agreed to be paid in good faith for or on account of legal expenses incurred at or concerning an election.

1988 c35 s434

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Intimidation

435. A person

(a) who directly, indirectly or, where another person acting on his or her behalf, makes use of or threatens to make use of force, violence or restraint, or inflicts or threatens to inflict, by himself, or by another person, an injury, damage, harm or loss, upon or against a person, in order to induce or compel the person to vote or refrain from voting or on account of the person having voted or refrained from voting at an election; or

(b) who by abduction, duress or a fraudulent device or contrivance, impedes or prevents the free exercise of the right to vote by a voter, or compels, induces, or prevails upon a voter either to vote or refrain from voting at an election

commits a corrupt practice and is guilty of an offence.

1988 c35 s435

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Interference

436. A candidate and a person on a candidate's behalf who

(a) directs, controls, or advises a returning officer, deputy returning officer or poll clerk in or about a matter concerning his or her duties; or

(b) pays money to an agent of a candidate

commits a corrupt practice and is guilty of an offence.

1988 c35 s436

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General penalty

437. A person who is guilty of an offence for which no other penalty is provided in this Part is liable on summary conviction to a fine not exceeding $500 and in default of payment to imprisonment for a term not exceeding 12 months or to both a fine and imprisonment.

1988 c35 s437

PART XI
OFFENCES

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General penalty

438. A person who

(a) contravenes or fails to comply with this Act or a regulation or order made under this Act; or

(b) tears down, removes or damages a regulation, order or notice posted by the council

is guilty of an offence and liable on summary conviction, where no penalty is otherwise provided, to a fine not exceeding $1,000 or in default of payment to a period of imprisonment not exceeding 90 days, or to both a fine and imprisonment.

1988 c35 s438

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Continuing offence

439. The conviction of a person under section 438 does not operate as a bar to further prosecution for the continued failure on the part of that person to comply with this Act, a regulation or an order.

1988 c35 s439

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Representation

440. In all proceedings in a court of summary jurisdiction to which the council is a party, it may be represented by an employee of the council or by the councillors.

1988 c35 s440

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Prosecutions

441. (1) Prosecutions for offences under this Act may be carried out by the council or its agents or a constable, notwithstanding section 84 of the Law Society Act.

(2) For the purposes of this section a constable includes a municipal enforcement officer and a regional police officer and a traffic officer under the Highway Traffic Act.

1988 c35 s441

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Disposition of fines

442. A fine recovered under this Act shall be forwarded by the court imposing the fine to the council.

1988 c35 s442

 

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Schedule A

BEGINNING at a point on the southern side of Canadian National Railway at the western periphery of the proposed east-west arterial road, at coordinates N 5 264 290 m and E 321 762 m; THENCE along the southern sideline of the Canadian National Railway, running southwestward 535 m more or less to a point at coordinates N 5 264 233 m and E 321 231 m; THENCE following a fenceline South 18 30' West, 18.5 m more or less and South 67 15' West, 242 m more or less and South 62 45' West, 126 m more or less and South 60 15' West 89 m more or less to a point at coordinates N 5 264 020 m and E 320 812 m; THENCE proceeding along a fenceline, South 81 45' West, 96 m more or less and South 80 West 200 m more or less to a point at coordinates N 5 263 972 m and E 320 520 m; THENCE generally following the boundary of the Agriculture Development Area, described in The Development Area of St. John's Urban Region (Agriculture) Order, 1978, published in Gazette on July 28, 1978, running South 70 45' West, 870 m more or less to a point at coordinates N 5 263 689 m and E 319 699 m; THENCE following a fenceline to a point at coordinates N 5 263 507 m and E 319 847 m, said point bearing South 39 07' East, 235 m more or less from the last given point, and South 53 08' West, 40 m more or less to a point at coordinates N 5 263 483 m and E 319 815 m, and South 40 35' East, 257 m more or less to a point at coordinates N 5 263 288 m and E 319 982 m, and South 48 28' West, 47 m more or less to a point at coordinates N 5 263 257 m and E 319 947 m; THENCE running southeastward 684 m more or less along the northeastern side of Commonwealth Avenue to a point at coordinates N 5 262 739 m and E 320 393 m; THENCE running North 53 53' East, 92 m along the southeastern side of Brookfield Road to a point at coordinates N 5 262 793 m and E 320 467 m; THENCE running south 33 33' East, 335 m more or less, to a point at coordinates N 5 262 514 m and E 320 652 m; THENCE running South 21 20' West, 437 m, more or less, along the northwestern side of Heavy Tree Road to a point at coordinates N 5 262 107 m and E 320 493 m; THENCE running southwestward along the northern side of the Harbour Arterial Road 1100 m, more or less, to a point at coordinates N 5 261 809 m and E 319 473 m, said point being situate 440 m, more or less, along the said Arterial from the Ruby Line intersection; THENCE along a bearing of alignment with a point situate 1.1 km more or less, along Ruby Line from the Arterial overpass, running South 00 11' West, 835 m more or less, to a point, spot elevation 156.5 m, at coordinates N 5 260 974 m and E 319 470 m; THENCE running generally westward along the height of land to geodetic station "South Base (Donovan)", spot elevation 244.5 m; THENCE along a bearing of alignment with a radio beacon, running South 73 West, 64 m more or less, to the eastern fence corner of the V.O.R. Site; THENCE running southwestward along the northern sideline of a private access road, 1.18 km more or less, to the Trans Canada Highway; THENCE running northeastward along the eastern sideline of the Trans Canada Highway, 5.35 km, more or less, to Donovans Overpass at Topsail Road and proceeding approximately 1 km along the Trans Canada Highway to a point at coordinates N 5 266 053.5 m and E 318 149 m; THENCE, following a common boundary with the City of St. John's, proceeding northeastward 1.56 km more or less along the southern sideline of the Trans Canada Highway to a point situate 130 m more or less northeastward along the Trans Canada Highway from the Wyatt Boulevard intersection, said point being at coordinates N 5 266 600 m and E 319 600 m; THENCE running southeastward along a fenceline between land now or formerly owned by G.G.R. Parsons and E.C. Hiscock to a point at coordinates N 5 266 201.5 m and E 319 840 m, said point bearing South 31 East, 466 m more or less, from the last given point; THENCE following the northern sideline of a 30 m wide right of way along the southern line of the said Hiscock property, running North 87 13' East, 240 m more or less, to a point at coordinates N 5 266 213 m and E 320 079 m; THENCE running Due East, along property now or formerly of the Butler Estate traditionally known as "Rossland", 289 m more or less, to a point, spot elevation 209.8 m, at coordinates N 5 266 213 m and E 320 368.5 m; THENCE Due South, 501.5 m more or less to a point at coordinates N 5 265 711.5 m and E 320 368.5 m; THENCE generally following the Canadian Government Railways Microwave Site, running North 65 East, 573 m more or less to a point, spot elevation 232.2 m, at coordinates N 5 265 952 m and E 320 889 m; THENCE following a survey cut line along the western boundary of all that piece or parcel of land formerly known as V.L.A. Lot #1 of the "Hans Wich Sub-division", running South 35 East, 23 m; AND South 28 30' East, 380 m, more or less, to a point on a power transmission line, said point having coordinates N 5 265 602 m and E 321 084 m; THENCE running along the powerline South 51 15' West, 51 m, more or less, to a point at coordinates N 5 265 570 m and E 321 044 m; THENCE running South 25 13' 42" East, 221 m, more or less to a point on the Southern sideline of Blackmarsh Road, said point having coordinates N 5 265 370 m and E 321 139.5 m; THENCE following the western periphery of the proposed east-west arterial road, via the western sideline of the St. John's Regional Water Supply System Easement, proceeding south 25 13' 42" East, 66 m, more or less; AND south 10 50' 22" East, 72 m, more or less to a point on the north side of Topsail Road at coordinates N 5 264 696.4 m and E 321 437.3 m; THENCE running eastward approximately 195 m along the northern sideline of Topsail Road to a point at coordinates N 5264 743 m and E 321 625 m; THENCE crossing Topsail Road to, and running Southward via fenceline along the eastern boundary of the premises of one Kevin Walsh, and the eastern boundary of property of Muir's Marble Works, and the eastern boundary of land now or formerly owned by the Royal Garage Ltd. to a point at coordinates N 5 264 620 m and E 321 670 m, said point bearing South 20 15' East, 131 m more or less from the last given point; THENCE proceeding along the western periphery of the aforementioned arterial road; South 40 30' East, 56 m, more or less to a point at coordinates N 5 264 577 m and E 321 706.5 m; AND proceeding approximately 268 m via the arc of a curve of radius 340 m to a point bearing South 14 20' East 259 m more or less from the last given point; AND continuing along said arterial, South 11 45' West, 37.5 m more or less to the point of beginning.

ALL BEARINGS herein refer to Grid North, Central Meridian 53 West Longitude; and, as with distances and coordinates given, are subject to approximation as delineated on the 1:2500/1:1250 mapping, 1974/75 Editions.

1988 c35 Sch A

 

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Schedule B
DUTIES OF OFFICERS
MANAGER

The city manager

(a) shall report to the council and make recommendations concerning the operation, costs and regulation of the affairs and activities of the city;

(b) shall supervise and report to the council upon the performance of all contracts entered into by the council and satisfy himself or herself that the terms of the contracts have been fulfilled;

(c) shall make recommendations to the council concerning the maintenance and construction of city property, facilities and services and for their development, expansion and improvement;

(d) shall ensure that council decisions, regulations and orders are implemented and enforced;

(e) shall direct the preparation of the city budget on an annual and other basis that the council may direct and make recommendations concerning the budget to the council;

(f) shall supervise the collection of revenues and control and administer expenditures of the city and report on them to the council;

(g) shall coordinate, supervise and direct the activities of all departments of the city;

(h) shall make recommendations and take the action that may be necessary to employ, discipline, suspend or dismiss an employee of the council;

(i) shall supervise the conduct of negotiations with trade unions representing council employees and make recommendations to the council respecting wages, salaries and working conditions of employees and supervise a collective agreement entered into with respect to them;

(j) shall initiate and encourage participation in training programs designed to improve the performance of city employees;

(k) shall, where there is no head of a department, have the powers and shall exercise the duties of the department head, subject to his or her obtaining the professional advice necessary to perform that function where it is required; and

(l) shall carry out other duties and exercise other powers that may be vested in him or her by the council.

CLERK

The city clerk

(a) has the custody of the seal of the council and shall affix it to the documents that are required by the council;

(b) shall record in a minute book

(i) the attendance at and proceedings of the council and its committees,

(ii) the resolutions passed by the council, and

(iii) if required by a councillor present at the meeting, the votes on a resolution as given;

(c) is responsible for the filing, maintenance and safe preservation of the minute books, documents and other records of the business of the council and its committees;

(d) has custody of all regulations, official plans, contracts, orders and other official documents and is responsible for their filing, maintenance and safe preservation;

(e) shall issue the permits, certificates, licences, notices and other documents in accordance with procedures adopted by the council; and

(g) shall carry out other duties and exercise other powers that may be assigned to him or her by the council.

ENGINEER

The engineer

(a) is responsible for the operation, maintenance and construction of roads, bridges, water and sewage systems, storm drainage systems, and all other city works, structures and equipment;

(b) shall prepare monthly reports on the operation, maintenance and costs of city works, structures and equipment;

(c) shall make recommendations on the design, specifications, and cost estimates for roads, bridges, water and sewage systems, storm drainage systems, and all other city works, structures and equipment, and prepare tender documents;

(d) examine applications for development within the city submitted to him or her and certify to council as to their conformity with good design standards and sound engineering principles and practices and that they are compatible with existing public works and services;

(e) shall inspect, supervise and report on the status of engineering investigations, construction projects and surveys, and make recommendations on them;

(f) shall prepare itemized estimates of the finances needed for the operation of his or her department and of capital sums required for city works, structures and equipment; and

(g) shall carry out the other duties that may be assigned to him or her by the city manager, or where there is no city manager, by the council.

 

TREASURER

The treasurer

(a) shall arrange for the safekeeping of all the funds and securities of the city;

(b) shall receive all money paid to the city and disburse funds of the city in accordance with procedures established by the council;

(c) shall keep and maintain records of all financial transactions of the city in accordance with accepted public accounting practice;

(d) shall keep and maintain records of all assets and liabilities of the city and transactions affecting the financial affairs of the city;

(e) shall compile, as instructed by the city manager, or where there is no city manager, by the council, financial statements and reports relating to the financial affairs of the city;

(f) within a month of the end of the financial year, prepare a full and detailed balance sheet and a statement of revenue and expenditure; and

(g) carry out other duties that may be assigned to him or her by the city manager, or where there is no city manager, by the council.

PLANNER

The planner

(a) shall recommend policies to guide and control the long term development of the city so as to achieve the common wellbeing of the community and to conserve the financial and material resources of the city;

(b) shall review all major capital development projects considered by the council and report on their implications for the future development of the city;

(c) shall prepare in conformity with the Urban and Rural Planning Act those plans, schemes, and regulations that may be required by council;

(d) shall conduct surveys and studies and advise council of land use, population growth, economic base, present and future transportation needs, public services, social services, the environment and other factors that are relevant to the preparation and implementation of development plans;

(e) shall review and recommend on, or if so delegated by council, shall decide upon all applications for development permits submitted to the council for approval, under regulations made under the Urban and Rural Planning Act;

(f) shall review and recommend on, or, if so delegated by the council, shall decide upon all plans of subdivision submitted to the council for approval, under the Urban and Rural Planning Act;

(g) shall maintain an up-to-date record of planning applications, decisions and of all new development in the city; and

(h) shall carry out other duties that may be assigned to him or her by the city manager, or where there is no city manager, by the council.

DIRECTOR OF RECREATION

The director of recreation

(a) shall plan, develop and recommend a recreation program for the city;

(b) shall prepare reports on recreational facilities, equipment, programs, operational costs and benefits derived from existing recreation programs and facilities;

(c) shall prepare itemized estimates of the financial requirements for facilities, equipment, personnel and project expenses necessary to effectively carry out the recreation program of the city;

(d) shall provide a liaison between sports governing bodies and recreation associations and the city and help in the coordination of their recreation programs;

(e) shall, under the direction of the council or the city manager, keep the public informed on the variety of recreation programs available, schedule activities and encourage active participation;

(f) shall supervise and promote use of parks within the city and help in the development of others; and

(g) shall carry out other duties that may be assigned to him or her by the city manager, or where there is no city manager, by the council.

FIRE CHIEF

The fire chief

(a) shall recommend the most suitable form and method of organization for the city fire department and recommend rules and regulations for its control and management;

(b) shall prepare and submit itemized estimates of the financial needs of the city fire department for materials, supplies, equipment and personnel requirements;

(c) shall direct the deployment of the city fire department personnel for maximum effectiveness, maintain a program of recruitment, selection, and promotion of personnel, supervise the evaluation of personnel and provide for a comprehensive program of training;

(d) shall respond to and take command at fires personally or through subordinate officers and direct firefighting activities;

(e) shall establish a liaison with provincial firefighting and prevention authorities and keep abreast of latest developments and firefighting methods, equipment and administration and promote public awareness of fire prevention techniques;

(f) shall prepare reports on firefighting equipment and apparatus and the condition of buildings and businesses within the city regarding fire protection;

(g) shall recommend to council fire protection plans for their consideration and implement the plans upon approval; and

(h) shall carry out other duties that may be assigned to him or her by the city manager, or where there is no city manager, by the council.

1988 c35 Sch B

 

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Schedule C
FORM A
NOMINATION FORM

We, A.B. and B.C., being persons eligible to vote in the City of Mount

Pearl nominate: D.E. of _______________________, (Residence)

___________________________ for ______________ (ward ) in the
(Occupation)

City of Mount Pearl.


Proposer's Signature


Seconder's Signature

I, D.E., accept this nomination.


Candidate's Signature

Declared before me at )
)
this day of ) D.E.
)
)
. . . . . . . . . . . . . . . . . . . . . . . . .
(Returning Officer)

 

FORM B
DECLARATION OF QUALIFICATION BY CANDIDATE

I, A.B., a candidate for councillor in the City of Mount Pearl, declare that:

1. I am a Canadian citizen 18 years or over.

2. I have lived in the city for at least 6 months before the date set for the nomination.

3. I am not indebted to the council for arrears of taxes.

4. I am not otherwise disqualified under the City of Mount Pearl Act.

And I make this solemn declaration conscientiously believing it to be true and knowing that it is of the same effect as if made under oath or affirmation and under the Canada Evidence Act.

Declared before me at )
)
this day of ) A.B.
)
)
. . . . . . . . . . . . . . . . . . . . . . . . .
(Returning Officer)

 

FORM C
OATH OR AFFIRMATION OF VOTER

I, A. B., do solemnly swear (or affirm)

(a) that I have not voted this day in another polling place of the City of Mount Pearl at the present election;

(b) that I am a Canadian citizen 18 years or older;

(c) that I have been ordinarily resident in the City of Mount Pearl for 30 days immediately preceding election day;

(d) that I am not to my knowledge otherwise disqualified to vote at this election; and

(e) that I have not received by myself or another, or a person in trust for me, or to my use directly or indirectly, a promise or security for money, place, office, or employment, or gift or reward, in order to give my vote at this election.

Declared before me at )
)
this day of ) A.B.
)
)
. . . . . . . . . . . . . . . . . . . . . . . . .
(Returning Officer)

 

FORM D
BALLOT PAPER

Election of Councillors of the City of Mount Pearl

Ballot Paper

Voters may vote for a number
of candidates up to but not
exceeding

(number)

BROWN
Joan Brown, of (address)
Merchant

CLARK
George Clark, of (address)
Fisherman

JONES
Henry Jones, of (address)
Labourer

SMITH
Elizabeth Smith, of (address)
Lawyer

 

FORM E
DIRECTIONS FOR THE GUIDANCE OF VOTERS IN VOTING

The voter shall go into 1 of the compartments, and with the pencil provided in the compartment, place a cross, on the right hand side, opposite the name of the candidate for whom he or she votes.

The voter shall fold up the ballot paper so as to show the name or initials of the returning officer or deputy returning officer, signed on the back, and upon leaving the compartment shall, without showing the front of the paper put the ballot paper in the ballot box and shall immediately leave the polling booth.

If the voter inadvertently spoils a ballot paper, he or she may return it to the deputy returning officer (or returning officer) who will, if satisfied that the spoiling of the ballot paper was as a result of inadvertence, give him or her another ballot paper.

If the voter votes for more candidates than he or she is entitled to vote for, his or her ballot paper will be void and will not be counted for any of the candidates.

If the voter places a mark on the ballot paper by which he or she may afterwards be identified or if the ballot paper has been torn, defaced, or otherwise dealt with by the voter so that the voter can be identified, it will be void and will not be counted.

If the voter takes a ballot paper out of the polling booth or deposits in the ballot box a paper other than the 1 given to him or her by the officer, the voter is subject to a penalty of $100 or in default of payment to imprisonment for a term not exceeding 3 months.

 

FORM F
POLL BOOK

 

FORM G
OATH OR AFFIRMATION OF RETURNING OFFICER, DEPUTY RETURNING OFFICER AND POLL CLERK

I, A.B., swear (or affirm) that I will truly, faithfully and impartially, to the best of my knowledge and ability, execute the office of (inserting the name of the office) in the City of Mount Pearl, and that I have not received and will not receive a payment or reward or promise of payment or for the exercise of a partiality or other undue execution of the office.

Declared before me at )
)
this day of ) A.B.
)
)
. . . . . . . . . . . . . . . . . . . . . . . . .
C.O. or J.P.

 

FORM H
OATH OR AFFIRMATION OF SECRECY

I, A.B., swear (or affirm) that I will not unlawfully attempt to ascertain the candidate for whom an elector voted, and will not aid in the unlawful discovery of the candidate for whom an elector voted, and that I will keep secret all knowledge that may come to me of the person for whom an elector has voted.

Declared before me at )
)
this day of ) A.B.
)
)
. . . . . . . . . . . . . . . . . . . . . . . . .
C.O. or J.P.

 

FORM I
OATH OR AFFIRMATION OF INCAPACITY TO MARK
BALLOT

I, A.B., solemnly swear (or affirm) that I am unable to read and to understand the ballot paper so as to mark the ballot paper (or that I am incapacitated by physical cause from voting) without assistance.

Declared before me at )
)
this day of ) A.B.
)
)
. . . . . . . . . . . . . . . . . . . . . . . . .
C.O. or J.P.

(or where sworn or affirmed by person helping)

 

Declared before me at )

this day of ) A.B.

by A.B. )

this document having been read over )

and explained to him or her and by )

certifying that he or she understood )

the document )

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C.O. or J.P.

 

FORM J
OATH OR AFFIRMATION OF POLL CLERK UPON
DELIVERING BALLOT BOX TO RETURNING OFFICER

I, A.B., poll clerk, in the polling place No. , swear (or affirm)

(a) that I have been entrusted by the deputy returning officer to deliver the ballot box used in the polling place to the returning officer;

(b) that the ballot box that I deliver to the returning officer this day is the ballot box I so received;

(c) that I have not opened it; and

(d) that it has not been opened by another person since I received it from the deputy returning officer.

 

 

Declared before me at )
)
this day of ) A.B.
)
)
. . . . . . . . . . . . . . . . . . . . . . . . .
C.O. or J.P.

 

FORM K
OATH OR AFFIRMATION OF RETURNING OFFICER OR DEPUTY OFFICER AFTER CLOSE OF POLL

I, A.B., returning officer (or deputy returning officer) for the (ward, polling division) in the City of Mount Pearl solemnly swear (or affirm) to the best of my knowledge and belief,

(a) that the poll book kept for the polling booth under my direction has been kept correctly;

(b) that the total number of votes polled according to the poll book is and that it contains a true and exact record of the votes given at the polling booth, as the votes were taken there;

(c) that I have correctly counted the votes given for each candidate, in the manner by law provided, and performed all duties required of me by law; and

(d) that the statement, voters' list, poll book, packets containing ballot papers, and other documents required by law to be retained by me or returned by me to the returning officer, have been faithfully and truly prepared and placed in the ballot box, and are contained in the ballot box retained by or returned by me to the returning officer, which was locked and sealed by me and remained so locked and sealed while in my possession.

Declared before me at )
)
this day of ) A.B.
)
)
. . . . . . . . . . . . . . . . . . . . . . . . .
C.O. or J.P.

1988 c35 Sch C

©Earl G. Tucker, Queen's Printer