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St. John's, Newfoundland and Labrador, Canada

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Revised Statutes of Newfoundland 1990


CHAPTER S-3

AN ACT TO INCORPORATE THE ST. JOHN'S METROPOLITAN AREA

Analysis

1. Short title

2. Establishment of local improvement area

3. St. John's Metropolitan Area Board

4. Corporation

5. Municipalities Act applies

6. Designated service area

7. Temporary codes of regulations

8. Power to conclude agreements

9. Consultation between board and cities


Short title

1. This Act may be cited as the St. John's Metropolitan Area Act.

RSN1970 c360 s1

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Establishment of local improvement area

2. (1) There shall be an area, for the purpose of local government, to be called the St. John's Metropolitan Area.

(2) The area shall be established by proclamation of the Lieutenant-Governor in Council.

(3) The area may include a part of the region about the City of St. John's, and the City of Mount Pearl, and shall adjoin the areas of the City of St. John's and the City of Mount Pearl but shall not include a part of those cities.

RSN1970 c360 s2; 1988 c35 s443(19)

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St. John's Metropolitan Area Board

3. (1) The St. John's Metropolitan Area shall be managed by a board, to be known as the St. John's Metropolitan Area Board, in this Act referred to as the "board", consisting of not less than 6 and not more than 9 persons.

(2) The members of the board shall be appointed by the Lieutenant-Governor in Council and shall be

(a) a chairperson and not less than 2 nor more than 5 other members selected by the Lieutenant-Governor in Council;

(b) 2 members to be selected by the Lieutenant-Governor in Council from a list of the number, that the Lieutenant-Governor in Council may request, of persons recommended by the St. John's Municipal Council; and

(c) 1 member to be selected by the Lieutenant-Governor in Council from a list of the number, that the Lieutenant-Governor in Council may request, of persons recommended by the City of Mount Pearl.

(3) A person may be appointed a member of the board who is 19 years of age or older and is not disqualified by mental disability.

(4) A member of the board shall, before entering on the duties of his or her office, take and sign, before a person empowered generally to administer oaths, the following oath of office:

"I, ..................., swear that I am qualified as required by law for the office of member of the St. John's Metropolitan Area Board and that I will to the best of my ability faithfully perform the duties of a member while I hold the office." (Where an oath is taken, add "So help me God".).

(5) The chairperson and other members of the board referred to in paragraph (2)(a) shall hold office during pleasure.

(6) A member of the board appointed on the recommendation of the St. John's Municipal Council or the City of Mount Pearl shall hold office until the expiration of 1 month after the beginning of the term of the appropriate council next elected after the appointment of the member.

(7) Members of the board are eligible for reappointment from time to time.

(8) The board shall appoint 1 of its members to be vice-chairperson.

(9) The vice-chairperson shall, in the absence of the chairperson, exercise the chairperson's powers and duties.

1972 No16 s2; 1988 c35 s443(19)

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Corporation

4. The board shall be a corporation.

RSN1970 c360 s4

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Municipalities Act applies

5. (1) The Municipalities Act applies to the St. John's Metropolitan Area as if it were a town constituted under that Act, with an appointed council.

(2) The St. John's Metropolitan Area Board has all the rights and powers and shall carry out the duties imposed on an appointed council under the Municipalities Act.

(3) The chairperson and vice-chairperson of the St. John's Metropolitan Area Board has the powers and shall carry out the duties of a mayor and deputy mayor under the Municipalities Act.

1979 c33 Sch C

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Designated service area

6. (1) Notwithstanding section 5 and subject to the approval of the minister, the St. John's Metropolitan Area Board may

(a) by order, designate a part of the St. John's Metropolitan Area, in this section referred to as the "metropolitan area", to be described in the order to be a designated service area by the name of "The ................. Designated Service Area (St. John's Metropolitan Area)";

(b) impose or fix and collect in such a designated service area those taxes, rates, fees, charges and deposits that the board is empowered, under section 5, to impose or fix with respect to the entire metropolitan area without making the imposition or fixing applicable to the entire metropolitan area; and

(c) vary the amounts of those taxes, rates, fees, charges or deposits in their application to different designated service areas.

(2) An order made under paragraph (1)(a) shall be published in the Gazette and may be made with retroactive effect.

1973 No64 s2

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Temporary codes of regulations

7. The Lieutenant-Governor in Council may, so as to make provision for a period intervening before the board has established its own standards, by Order in Council impose upon the local improvement area a code of regulations dealing with building, plumbing, sewage and sanitation generally and electrical installations that he or she may think proper.

RSN1970 c360 s6

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Power to conclude agreements

8. The power of the board to conclude agreements given by the Municipalities Act shall include power to enter into agreements with the City of St. John's and the City of Mount Pearl, and that the term "other utilities" in the section includes street lighting systems and park recreation facilities and streets and roads.

RSN1970 c360 s7; 1979 c33 s647

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Consultation between board and cities

9. In all questions of planning, in so far as the planning of the board affects the planning of the City of St. John's or the City of Mount Pearl, the board shall consult with the councils of the cities, and in case the 3 governing bodies cannot agree, the matter shall be referred to the Minister of Municipal and Provincial Affairs for arbitration and decision.

RSN1970 c360 s8; 1989 c30 Sch B

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