This is an official version.

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

Important Information
(Includes details about the availability of printed and electronic versions of the Statutes.)

Revised Statutes of Newfoundland 1990


CHAPTER M-22

AN ACT RESPECTING A MUNICIPAL GRANT SYSTEM

Analysis

1. Short title

2. Definitions

3. General municipal assistance grant

4. Tax incentive grant

5. Grant reduction

6. Considered tax yield

7. Municipal Capital Projects Board

8. Capital project grant

9. Capital budget

10. Water and sewer subsidy

11. Regional incentives grant

12. Regulations


Short title

1. This Act may be cited as the Municipal Grants Act.

1977 c98 s1

Back to Top

Definitions

2. In this Act

(a) "board" means the Municipal Capital Projects Board;

(b) "financial year" means the financial year of a municipality;

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

(d) "municipality" means a town and community constituted or continued under the Municipalities Act, the City of St. John's, the City of Corner Brook, the City of Mount Pearl and a portion of a region that is administered directly by a regional council as if it were a town.

1977 c98 s2; 1979 c33 Sch C; 1981 c4 Sch D;
1983 c73 s1; 1988 c35 s443(14); 1989 c30 Sch B

Back to Top

General municipal assistance grant

3. The minister shall annually, out of the funds provided by the Legislature for that purpose, grant to each municipality an amount of money to be known as the general municipal assistance grant and composed of

(a) an amount for each person as prescribed by regulation to be known as the basic allocation;

(b) an amount as prescribed by regulation based on the incidence of social assistance in a municipality as calculated by a formula prescribed by regulation to be known as the social assistance supplement; and

(c) an amount as prescribed by regulation based on the road mileage under the jurisdiction of the municipality as calculated by a formula prescribed by regulation to be known as the local road mileage supplement.

1977 c98 s3; 1983 c73 s2

Back to Top

Tax incentive grant

4. The minister shall annually, out of funds provided by the Legislature for that purpose, grant, to a municipality that imposes a real property tax or a real property tax and a water and sewerage tax, an amount of money, related to the yield from the real property tax or the real property tax and the water and sewerage tax and grants instead of the taxes that the municipality imposes under its authority and received by the municipality in the previous financial year, in a proportion as prescribed by regulation, to be known as the tax incentive grant.

1983 c73 s3

Back to Top

Grant reduction

5. (1) Where a tax incentive grant is paid to the City of Corner Brook or the City of St. John's, the city shall annually pay over to the province from the amount of the tax incentive grant, an amount, calculated as a proportion of the provincial expenditures in respect of the costs of acquiring firefighting equipment and the operating costs incurred in providing fire protection and public transportation for each city and for those years, that may be prescribed by regulation.

(2) Where a tax incentive grant is paid to a municipality other than the City of St. John's that is served by the St. John's Fire Department, that municipality shall annually pay over to the province from the amount of the tax incentive grant an amount, calculated as a proportion of the provincial expenditures in respect of the costs of acquiring firefighting equipment and the operating costs incurred in providing fire protection for that municipality and for those years, that may be prescribed by regulation.

(3) Where the amount to be paid over to the province under subsection (1) or (2) is greater than the amount of the tax incentive grant, the balance of the prescribed amount shall be paid over to the province from the general municipal assistance grant.

(4) Where a municipality referred to in subsection (2) does not receive the tax incentive grant, the balance of the prescribed amount shall be paid over to the province from the general municipal assistance grant.

1983 c73 s4

Back to Top

Considered tax yield

6. (1) Where a municipality is in the 1st year of the imposition of the real property tax or the real property tax and the receipt of grants instead of the taxes that the municipality imposes under its authority, the minister may establish an estimated tax yield from the real property tax and the water and sewerage tax and estimated yield from grants instead of taxes for the purposes of the application of section 4 to that municipality.

(2) Where a tax incentive grant is paid on the basis of an estimated tax yield referred to in subsection (1) and estimated grants instead of the taxes that a municipality imposes under its authority, the tax incentive grant shall be adjusted in accordance with the actual tax yield from the real property tax and the water and sewerage tax and grants instead of taxes actually received by the municipality in the 1st year of the imposition of the real property tax or the real property tax and the receipt of grants instead of taxes as shown in the certificate of the auditor issued in relation to the municipality for that year.

1983 c73 s5

Back to Top

Municipal Capital Projects Board

7. (1) The Municipal Capital Projects Board is continued for the purpose of making recommendations to the minister upon capital projects financing, and water and sewer subsidies, for the minister's transmission to the Lieutenant-Governor in Council.

(2) The board shall consist of the Deputy Minister of Municipal and Provincial Affairs who shall be chairperson and the other officers of the departments of government that are appointed by the Lieutenant-Governor in Council.

1977 c98 s7; 1981 c4 Sch D

Back to Top

Capital project grant

8. The Lieutenant-Governor in Council may, upon the recommendation of the minister and out of the funds provided by the Legislature for that purpose, authorize the minister to grant to a municipality an amount of money to help in the financing of capital projects to be known as the capital project grant.

1977 c98 s8

Back to Top

Capital budget

9. Every municipality shall annually on or before the end of each year submit to the board a 5-year forecast of their anticipated capital expenditure requirements.

1977 c98 s9

Back to Top

Water and sewer subsidy

10. The minister may, out of funds provided by the Legislature for that purpose, grant to a municipality an annual amount of money to help that municipality in the repayment of capital debt, in a water and sewer system, a water system or a sewer system, to be known as the water and sewer subsidy.

1989 c12 s21

Back to Top

Regional incentives grant

11. The minister shall, out of the funds provided by the Legislature for that purpose, grant an amount of money to a regional authority established under an Act in a proportion as prescribed by regulation of the expenditures of that regional authority, to be known as the regional incentives grant.

1977 c98 s11

Back to Top

Regulations

12. (1) The Lieutenant-Governor in Council may make regulations generally to give effect to the purpose of this Act.

(2) Regulations made under this Act may be made with retroactive effect to the date set out in the regulations.

1977 c98 s12; 1983 c73 s7

©Earl G. Tucker, Queen's Printer