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SNL1991 CHAPTER 35

MUNICIPAL AUTHORITIES AMENDMENT ACT, 1991

Amended:

1994 c28 s20

CHAPTER 35

AN ACT TO FACILITATE THE AMALGAMATION OF CERTAIN MUNICIPAL AUTHORITIES AND MUNICIPAL SERVICES IN RELATION TO THE NORTHEAST AVALON REGION

(Assented to December 11, 1991)

Analysis


       
1.   Short title

              PART I
THE
CANADA GAMES PARK COMMISSION ACT

       
2.   1978 c.66 Rep.

       
3.   Transitional provisions

              PART II
THE CITY OF
MOUNT PEARL ACT

       
4.   1988 c.35 Amdt.

              PART III
THE CITY OF
ST. JOHN 'S ACT

       
5.   RSN 1970 c.40 Amdt.

              PART IV
THE
ST. JOHN 'S ASSESSMENT ACT

       
6.   1980 c.39 Amdt.

              PART V
THE
ST. JOHN 'S FIRE DEPARTMENT ACT, 1972

       
7.   1972 No.12 Rep.

       
8.   1977 c.64 Amdt.

              PART VI
THE
ST. JOHN 'S MUNICIPAL ELECTIONS ACT

       
9.   1977 c.93 Amdt.

              PART VI
GENERAL

     
10.   Northeast Avalon Region Resolution

     
11.   Urban and Rural Planning Act

              PART VII
COMMENCEMENT

     
12.   Commencement


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

Short title

        1. This Act may be cited as the Municipal Authorities Amendment Act, 1991.

1991 c35 s1

PART I
THE
CANADA GAMES PARK COMMISSION ACT

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1978 c.66 Rep.

        2. The Canada Games Park Commission Act is repealed.

1991 c35 s2

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Transitional provisions

        3. (1) Title to all the property and assets of the Canada Games Park Commission is vested in the St. John's Municipal Council of the City of St. John's .

             (2)  The St. John's Municipal Council of the City of St. John's is charged with and assumes all of the obligations and liabilities of the Canada Games Park Commission.

             (3)  Upon the commencement of this Act, all the employees of the Canada Games Park Commission are to be employed with the City of St. John's in positions where the years of service of those employees are recognized by the City of St. John's .

             (4)  The St. John's Municipal Council may make by-laws that may be necessary to facilitate the transfer of employees under this section.

1991 c35 s3

PART II
THE CITY OF
MOUNT PEARL ACT

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1988 c.35 as amended

        4. (1) Section 2 of The City of Mount Pearl Act is amended by adding immediately after paragraph (e) the following:

          (e.1)  "fire department" means the St. John's Regional Fire Department referred to in The City of St. John's Act;.

             (2)  Paragraph 74(1)(e) of the Act is repealed.

             (3)  Section 81 of the Act is repealed.

             (4)  Sections 215, 216 and 217 of the Act are repealed.

             (5)  Sections 219, 220 and 221 of the Act are repealed and the following substituted:

Power of fire department

   219. The fire department may cause to be attached and fixed to a private or public building or structure, in a manner satisfactory to the fire department, fire alarms, wires and any fastenings that it considers necessary for carrying on the work of the department or staying the progress of or preventing fire.

Pulling down buildings

   220. The person in charge of the fire department at a fire may, if he or she considers it necessary in order to extinguish or stay the progress of a fire, cause a private or public building or structure, or part of a private or public building or structure, to be pulled down or removed.

Right re traffic

   221. (1) The officers and members of the 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 person in charge of the fire department at a fire or other emergency may close all roads including highways, bridges and access to private property in the vicinity of the fire or other emergency.

             (6)  Sections 222 and 224 of the Act are amended by striking out the word "City" before the words "fire department".

             (7)  Section 223 of the Act is repealed.

             (8)  Schedule B to the Act is amended by striking out the reference to Fire Chief and duties of the Fire Chief.

1991 c35 s4

PART III
THE CITY OF
ST. JOHN 'S ACT

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RSN 1970 c.40 as amended

        5. (1) Section 2 of The City of St. John's Act is amended by adding immediately after paragraph (j) the following:

           (j.1)  "fire department" means the St. John's Regional Fire Department referred to in section 353.1;.

             (2)  The Act is amended by adding immediately after section 353 the following:

Fire Department

St. John's Regional Fire Department

353.1 The St. John's Fire Department is continued as a firefighting force under the name of the St. John's Regional Fire Department under this Act.

Fire department

353.2 The council shall establish, operate and maintain the fire department which shall be composed of paid employees or partly of paid employees and partly of volunteers and acquire or provide fire halls, fire alarm systems, fire engines, hydrants and other apparatus and appliances for the purpose of fire fighting, the prevention of fire and for the carrying out of emergency services.

Staff

353.3 (1) The council shall appoint those officers, firefighters and other employees that are necessary for the proper functioning of the fire department.

             (2)  The persons appointed under subsection (1) shall be responsible for the organization, training and operation of the fire department and for inspections and fire prevention, fire protection and emergency services within the city or those areas over which the fire department has jurisdiction.

Regulations re management of fire department

353.4 (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 of the National Fire Code of Canada or another code, with or without modification and supplements or amendments to the Code.

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

Regulations re members

353.5 (1) The council may make regulations

             (a)  providing for the appointment, governing, regulating, clothing, equipping, lodging and paying of, making of allowances to and providing of medical attention, by the appointment and paying of medical officers or otherwise, for, the members;

             (b)  regulating the residence, classification, rank, service, instruction and distribution of the fire department;

             (c)  providing for the establishment of a trust fund or trust funds into which those

                      (i)  fines and forfeitures paid by members under this section or the regulations,

                     (ii)  fines, fees, commissions or other sums earned by or awarded or granted to members in connection with the performance of their duties, over and above their regular pay and allowances, and

                    (iii)  other sums

that the council may specify shall be paid, and prescribing how that fund may be used or spent for the benefit of the members, former members, dependents of members or of former or deceased members;

             (d)  providing for the orderly, disciplined, sober, honest, impartial, loyal, efficient, speedy, conscientious, obedient, secure, courteous and just performance of duties by members;

             (e)  providing that a member who fails to comply with or otherwise contravenes the regulations made under this section is guilty of an offence;

              (f)  prescribing what offences against regulations may be tried under The Summary Proceedings Act and what offences may be dealt with under regulations made under paragraph (h);

             (g)  prescribing penalties for failing to comply with or otherwise contravening the regulations made under this section, provided that, for an offence which may be dealt with under regulations made under paragraph (h), the penalty that may be imposed shall not exceed those specified in that paragraph;

             (h)  providing for the summary trial, by a disciplinary tribunal of members charged with offences against the regulations, providing for the compulsory attendance of the accused and of witnesses and for administering oaths or affirmations and, subject to a specific restricted penalty that may be prescribed in regulations made under paragraph (g), providing for the imposition, upon conviction of that member for an offence, of

                      (i)  a fine not exceeding $100,

                     (ii)  suspension without pay,

                    (iii)  reduction in rank,

                    (iv)  loss of seniority,

                     (v)  reprimand, or

                    (vi)  dismissal;

              (i)  respecting the composition of a disciplinary tribunal referred to in paragraph (h);

              (j)  providing for an appeal from a decision of a disciplinary tribunal constituted under the regulations;

             (k)  providing for the maximum period, and the conditions of leave of absence, including sick leave, which may be allowed to members; and

              (l)  generally, to give effect to the purpose of sections 353.1 to 353.24.

             (2)  A person who is guilty of an offence under the regulations is liable to the penalty prescribed by the regulations.

             (3)  An acquittal or conviction of a member under regulations made under paragraph (1)(h) shall not be a bar to proceedings in a court in respect of an offence arising out of the same facts.

             (4)  Without limiting the generality of subsection (1), the regulations shall provide that a member shall not

             (a)  disobey or refuse to obey the lawful command of, or strike or threaten to strike, another member who is his or her superior in rank or is in authority over him or her;

             (b)  abuse or maltreat another member who is his or her inferior in rank or over whom he or she is in authority;

             (c)  conduct himself or herself by word or act in a traitorous or disloyal manner;

             (d)  directly or indirectly receive or solicit a gratuity or reward without permission of the officer in charge of the fire department, or a bribe;

             (e)  conduct himself or herself by word or act in a mutinous or insubordinate manner;

              (f)  fail to account for, improperly withhold, misappropriate or misapply public money or property or property not being his or her own and coming into his or her possession in the course of his or her duty or because of his or her being a member;

             (g)  divulge a matter or thing that it is his or her duty to keep secret;

             (h)  make an anonymous complaint to the officer in charge of the fire department, or the mayor or a city councillor or other unauthorized person or group;

              (i)  desert or absent himself or herself from duty without leave; or

              (j)  attempt to commit, or aid, counsel or procure another person to commit an act specified in this subsection,

and provision shall be made under paragraph (1)(e) with respect to constituting as an offence a failure to comply with or other contravention of a provision referred to in a paragraph of this subsection, and provision shall be made under paragraph (1)(f) that an offence shall be dealt with under paragraph (1)(h).

             (5)  Without limiting the generality of paragraph (1)(h), regulations made under that paragraph shall contain provisions for the preparation and service of written charges.

             (6)  In respect of an offence dealt with under paragraph (1)(h),

             (a)  a written charge may allege more than 1 offence and shall contain

                      (i)  a separate statement of each offence of which the accused is charged,

                     (ii)  a statement of the particulars of the act, omission, conduct, disorder or neglect constituting each offence, and

                    (iii)  a statement of the place of the trial and the date and time of the trial, which shall not be less than 48 hours after service of the charge on the accused;

             (b)  at the time and place appointed in the written charge the accused shall be brought before the disciplinary tribunal that is to try the offence;

             (c)  the accused may plead guilty or not guilty, and where he or she refuses to plead, he or she shall be considered to have pleaded not guilty;

             (d)  an accused may be represented and assisted at his or her trial by legal counsel or another member or other person;

             (e)  an accused is not compelled to testify at his or her trial, but he or she may give evidence under oath or affirmation, and an accused who has not given evidence under oath or affirmation shall, at the conclusion of the case for the prosecution, be given an opportunity of making a statement to the presiding disciplinary tribunal;

              (f)  an accused may call witnesses on his or her own behalf and may cross-examine witnesses called for the prosecution;

             (g)  the rules of evidence shall be the same as those followed in proceedings under The Summary Proceedings Act; and

             (h)  the evidence of the witnesses shall be taken down and transcribed and a copy of the transcript shall be provided to the accused, where he or she requests one, within 48 hours after the passing of sentence.

             (7)  A member of a disciplinary tribunal appointed under the regulations has all the powers that are or may be conferred on a commissioner under The Public Enquiries Act and a disciplinary tribunal is considered to be an "investigating body" for the purposes of The Evidence (Public Investigations) Act.

             (8)  A member concerning whom proceedings are taken under regulations made under paragraph (1)(h) may be represented and assisted in those proceedings by legal counsel or another member or other person.

             (9)  In this section "member" includes the firefighters and officers of the fire department.

Fire code

353.6 A copy of the National Fire Code of Canada or other code, and supplements and amendments thereto, signed by the Minister of Municipal and Provincial Affairs shall be kept on record in the Office of the Fire Commissioner.

             (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 353.3, 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 of the National Fire Code of Canada or other code or a supplement or amendment to the National Fire Code, or any extract of that code, is, in the absence of evidence to the contrary, proof thereof.

Agreements

353.7 The council may enter into agreements with other cities, municipalities, local service districts or persons for joint fire fighting and for the sharing of costs in relation to firefighting in the city and those other cities, municipalities or local service districts.

Fire alarms, etc.

353.8 The fire department may cause to be attached and fixed to a private or public building or structure, in a manner satisfactory to it, fire alarms, wires and fastenings that it considers necessary for carrying on the work of the department or staying the progress of or preventing fire.

Pulling down buildings

353.9 The person in charge of the fire department at a fire may, if he or she considers it necessary in order to extinguish or stay the progress of a fire, cause a private or public building or structure, or part thereof, to be pulled down or removed.

Right re traffic

353.10           (1) The officers and members of the 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 person in charge of the fire department at a fire or other emergency may close all roads including highways, bridges and access to private property in the vicinity of the fire in the city or those areas over which the fire department has jurisdiction.

Power to enter building

353.11          (1) Members of the fire department may enter and convey hose and other fire fighting appliances and apparatus through a public or private building or structure or over any real property for the efficient fighting of a fire.

             (2)  No action lies against an officer or member of the 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).

Other fire department

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

Offences

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

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

Association of firefighters

353.14           (1) The association representing the firefighters employed by the St. John's Fire Department before the coming into force of this section, is hereby recognized as the bargaining agent for those firefighters and this section and sections 353.15 to 353.24 apply to collective bargaining between the city and the association.

             (2)  In this section and sections 353.15 to 353.24, "association" means the International Association of Firefighters, Local 1075.

Existing collective agreements

353.15          The collective agreement entered into between the government of the province and the association before the commencement of this section continues in full force and effect for the term set out in that agreement.

No strike

353.16          (1) A member of the fire department shall not strike.

             (2)  For the purpose of this section "strike" includes a cessation of work or a refusal to work or to continue to work by members in combination or in concert or in accordance with a common understanding, or a slow-down or other concerted activity on the part of members designed to restrict or limit output.

Collective bargaining

353.17          (1) In this section and sections 353.19 and 353.20, "city negotiator" means an official of the city authorized by the council to bargain on behalf of the city under this section, and the city negotiator is considered, on behalf of the city, to be a party to the bargaining.

             (2)  Where the council is requested in writing by a majority of the members of the fire department to direct the city negotiator to act under this section, the council shall so direct, and the city negotiator shall, within 60 days after receipt of the request by the council,

             (a)  bargain with a bargaining committee of members of the fire department; and

             (b)  make a reasonable effort to come to an agreement for the purpose of making an agreement in writing defining, determining and providing for

                      (i)  remuneration,

                     (ii)  grievance procedures, or

                    (iii)  working conditions

for the members of the fire department, other than the officers.

             (3)  Notwithstanding subsection (2), where 50% or more of the members of the fire department belong to an association, a request made under subsection (2) shall be made by that association, and subsection (2) shall apply to that request.

             (4)  The members of a bargaining committee referred to in subsection (2) shall be members of the fire department, but, where subsection (3) applies,

             (a)  the members of the bargaining committee shall be members of the association referred to in subsection (3); and

             (b)  at meetings held for the purpose of bargaining under this Act, the bargaining committee may be accompanied by 2 members of the association who are members of the fire department and who shall attend in an advisory capacity only.

             (5)  Nothing in this section prevents the bargaining committee of an association from containing a member of the fire department.

             (6)  A bargaining committee under this section may, in addition to a person who may accompany it under subsection (4), be accompanied by a legal counsel and another adviser, and the city negotiator may be accompanied by those officers of the city that he or she considers advisable.

Duration of agreement

353.18          An agreement entered into under section 353.17 shall provide for the period for which the agreement is to remain in effect.

Board of arbitrators

353.19           (1) Where, after bargaining under section 353.17, the city negotiator or the bargaining committee is satisfied that an agreement cannot be reached, he or she or the committee may by written notice to the other party require all matters in dispute to be referred to a board of arbitrators, and those matters shall be settled by arbitration under this section.

             (2)  A board of arbitrators under this section shall consist of a chairperson and 2 other arbitrators.

             (3)  Where notice is given under subsection (1), the parties concerned shall each appoint an arbitrator.

             (4)  Where either party refuses or neglects to appoint an arbitrator within 30 days after the date of the notice referred to in subsection (1), the council shall, upon the written request of the other party, appoint that arbitrator, and the 2 arbitrators appointed under subsection (3) and this subsection shall agree upon and appoint a 3rd arbitrator who shall be the chairperson of the board of arbitrators.

             (5)  Where the 2 arbitrators referred to in subsection (4) fail to appoint the arbitrator who is to be the chairperson of the board of arbitrators after 7 clear days' notice in writing from either party to do so, the council shall, on the written request of either party, appoint that arbitrator.

             (6)  Where both parties give notice under subsection (1) or (5), the date of the notice for the purpose of subsection (4) or (5), shall be the date of the 1st of those notices.

             (7)  Each arbitrator shall, before entering upon 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 faithfully, truly and impartially, to the best of my knowledge and ability, execute and perform the duties of an arbitrator on the board of arbitrators appointed under section 353.19 The City of St. John's Act to ______________________ ______________ and will not, except in the discharge of my duties, disclose the evidence or other matter brought before the board." (Where an oath is taken, add "So help me God".).

             (8)  Where an arbitrator, including an arbitrator who is appointed chairperson of a board of arbitrators, refuses to act, dies, resigns, or is unable to carry out his or her duties under this Act, the council may, and shall, upon the written application of either party, by order revoke the appointment of that arbitrator.

             (9)  Where the arbitrator whose appointment is revoked under subsection (8) is not the chairperson, the council shall, by order, direct the party concerned to appoint another arbitrator and that party shall within 30 clear days after the date of the order appoint another arbitrator, but where that party refuses or neglects to appoint an arbitrator within the time limited, subsection (4) shall, with the necessary changes, apply.

           (10)  Where the arbitrator whose appointment is revoked under subsection (8) is the arbitrator who was appointed as chairperson, subsections (4) and (5) respecting the appointment of the arbitrator who is to be chairperson shall, with the necessary changes, apply.

           (11)  The revocation of the appointment of an arbitrator under subsection (8) shall not impair the right of the remaining arbitrators to act in conjunction with the arbitrator appointed to replace the arbitrator whose appointment has been revoked, and, where an arbitrator is appointed under subsection (8), that arbitrator shall proceed as if he or she had been a member of the board of arbitrators originally appointed.

           (12)  The decision of the majority of the members of the board is the decision of the board.

           (13)  Each party shall assume its own costs of the arbitration proceedings and shall share the cost of the 3rd arbitrator equally.

           (14)  The costs payable by the city negotiator under subsection (11) shall be paid by the city.

Remuneration of board members

353.20           The council shall fix the remuneration of the members of the board of arbitrators and, where it orders the payment of that remuneration, fix and pay the remuneration of the city negotiator.

Time limits for proceedings

353.21           The board of arbitrators shall begin arbitration proceedings within 30 days after it is constituted and shall deliver the decision or award within 60 days after the beginning of the arbitration proceedings, but this latter period may be extended by written agreement of the parties concerned, in which event the decision or award shall be delivered within that extended period.

Duration of decision or award

353.22          The board of arbitrators shall, in its decision or award, provide for the period for which the decision or award is to remain in effect.

Duration of agreements

353.23           (1) An agreement made under section 353.17 shall remain in effect after the period provided for under section 353.18 until replaced by a new agreement, decision or award.

             (2)  A party to bargaining that has resulted in an agreement, decision or award may, at any time after a date not sooner than 3 months before the expiration of the period referred to in section 353.18 or 353.22, proceed under section 353.17 or 353.19 for a new agreement, decision or award, to take effect not sooner than immediately upon the end of the period, but not with retroactive effect.

             (3)  Where both parties to bargaining that has resulted in an agreement, decision or award agree in writing, either party to that bargaining may at any time during the period referred to in section 353.18 or 353.22 proceed under section 353.17 or 353.19 for a new agreement, decision or award, to take effect before the end of that period, but not with retroactive effect

Legislative implementation

353.24          An

             (a)  agreement made under section 353.17; or

             (b)  award or decision of a board of arbitrators under section 353.21

shall not provide, directly or indirectly, for the alteration or elimination of an existing term or condition of employment or the establishment of a new term or condition of employment the alteration or elimination of which or the establishment of which, would require or have the effect of requiring the making or passing of a regulation or by-law, except for the purpose of appropriating money required for its implementation.

             (3)  The Act is amended by adding immediately after section 403D the following:

Regional Service

Regional services

  403E (1) Notwithstanding The Regional Service Boards Act, the council shall own, manage and operate those regional services that are designated by order of the Lieutenant-Governor in Council in those municipal authorities or areas of the Northeast Avalon Region as set out in the order of the Lieutenant-Governor in Council.

             (2)  Where a regional service is designated under subsection (1), the council shall sit as a regional committee for the purpose of making policy directions with respect to that regional service and for the purpose of establishing the rates or user fees to be charged by the council for the regional service in the other municipal authorities served by the regional service.

             (3)  Where the council sits as a regional committee under this section, the mayor of the municipal authority which is served by a regional service as designated under subsection (1), shall sit on that regional committee and take part in its deliberations.

             (4)  Where a mayor referred to in subsection (3) is unable to attend a meeting of the regional committee of the council, another member of the council of the municipal authority as selected by the mayor of that municipal authority shall be eligible to attend the meeting of the regional committee of the council in the mayor's place.

             (5)  Subject to the approval of the Lieutenant-Governor in Council, the regional committee of the council may make by-laws respecting

             (a)  procedure and other matters in respect of meetings of the regional committee of the council;

             (b)  the general policy objectives respecting the provision of regional services in the area served by a regional service;

             (c)  the formula used in setting rates or user fees paid to the council by a municipal authority served by a regional service; and

             (d)  respecting matters necessary or advisable to carry out effectively the intent and purpose of this section.

             (6)  In this section, section 403F and 403G

             (a)  "municipal authority" means

                      (i)  the Mount Pearl City Council, and

                     (ii)  a council of a town constituted or continued under The Municipalities Act;

             (b)  "Public Utilities Board" means the Board of Commissioners of Public utilities referred to in The Public Utilities Act, 1989; and

             (c)  "regional service" includes

                      (i)  a regional water supply system,

                     (ii)  a regional sewage disposal system,

                    (iii)  a regional storm drainage system,

                    (iv)  a regional solid waste disposal site or facility,

                     (v)  a regional public transportation system,

                    (vi)  a regional recreational facility,

                   (vii)  a regional fire protection service, and

                  (viii)  other facilities or services of a regional nature that are designated by order of the Lieutenant-Governor in Council.

Public Utilities Board

  403F (1) Where a municipal authority that is served by a regional service does not agree with the decision of the regional committee of the council with respect to the rates or user fees charged by the council for the regional service in that municipal authority, the municipal authority may apply to the Public Utilities Board for a review of those rates or user fees.

             (2)  The Public Utilities Board upon hearing an application of a municipal authority under subsection (1) may

             (a)  confirm or vary the decision of the regional committee of the council or a part of the decision; or

             (b)  refer the matter back to the regional committee of the council for further consideration.

             (3)  The Lieutenant-Governor in Council may make regulations

             (a)  governing the procedures with respect to applications to the Public Utilities Board under this section; and

             (b)  respecting matters necessary or advisable to carry out effectively the intent and purpose of this section.

1991 c35 s5

PART IV
THE
ST. JOHN 'S ASSESSMENT ACT

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1980 c.39 as amended

        6. Subsection 8(1) of The St. John's Assessment Act is amended by adding after paragraph (c) the following:

          (c.1)  productive farm land and woodland as designated by the Minister of the Crown responsible for the land and any buildings on and used in connection with farm or wood production from that land;.

1991 c35 s6

PART V
THE
ST. JOHN 'S FIRE DEPARTMENT ACT, 1972

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1972 No.12 Rep.

        7. (1) The St. John's Fire Department Act, 1972 is repealed.

             (2)  The Lieutenant-Governor in Council may by order convey title to some or all of the property and assets of the St. John's Fire Department to the St. John's Municipal Council of the City of St. John's .

             (3)  The Lieutenant-Governor in Council may by order charge the St. John's Municipal Council of the City of St. John's with some or all of the obligations and liabilities of the St. John's Fire Department.

             (4)  Upon the commencement of this Act, all the officers, firefighters and other employees of the St. John's Fire Department are to be employed with the City of St. John's .

             (5)  The St. John's Municipal Council may make by-laws that may be necessary to facilitate the transfer of employees under this section.

             (6)  A reference in another Act to the St. John's Fire Department as established under The St. John's Fire Department Act, 1972 or a reference in another Act to the St. John's Fire Department shall be considered to be a reference to the St. John's Regional Fire Department continued under The City of St. John's Act.

             (7)  Regulations made by the Lieutenant-Governor in Council under section 28 of The St. John's Fire Department Act, 1972 and in force immediately before the commencement of this Act may be amended or revoked by regulations made by the St. John's Municipal Council under section 353.5 of The City of St. John's Act and in so far as they are not revoked or amended shall continue in force as if they were made under The City of St. John's Act.

1991 c35 s7; 1994 c28 s20

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1977 c.64 Amdt.

        8. Paragraph 3(e) of The Labour Relations Act, 1977 is repealed and the following substituted:

             (e)  sections 353.1 to 353.24 of The City of St. John's Act;.

1991 c35 s8

PART VI
THE
ST. JOHN 'S MUNICIPAL ELECTIONS ACT

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1977 c.93 as amended

        9. The St. John's Municipal Elections Act is amended by adding immediately after section 2 the following:

Interpretation

      2.1 (1) Notwithstanding the definition of "ordinarily resident", where areas or former municipalities have been annexed or amalgamated to the city, a person who resides in those areas or former municipalities is eligible to be a candidate in an election or is eligible to be an elector.

             (2)  Sections 4 and 11 shall apply to a person who resides in those areas or former municipalities annexed or amalgamated to the city as if that person had resided in the city before the annexation or amalgamation.

             (3)  The lists of electors in place in those areas or municipalities annexed or amalgamated to the city shall be used in an election under this Act.

1991 c35 s9

PART VII
RESOLUTION

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Northeast Avalon Region Resolution

     10. (1) In this Part "Resolution" means the Resolution respecting the amalgamation of municipal authorities and municipal services in the Northeast Avalon Region of the province as adopted by the House of Assembly on May 24, 1991.

             (2)  For the purposes of bringing into effect the Resolution and notwithstanding The City of Mount Pearl Act, The City of St. John's Act, The St. John's (Metropolitan Area) Act and The Municipalities Act and regulations made under that Act, the Lieutenant-Governor in Council may by order establish and alter the boundaries of the City of St. John's, the City of Mount Pearl, the St. John's Metropolitan Area and the towns referred to in the Resolution.

             (3)  In addition to establishing and altering the boundaries of the cities and towns under subsection (2), the Lieutenant-Governor in Council may, in the order referred to in that subsection,

             (a)  amalgamate a town with a town or city and annex areas to a city or town;

             (b)  establish an area as a town; and

             (c)  disestablish a town,

and the boundaries of those cities and towns shall be delimited in the order.

             (4)  Where an order is made under subsection (2), the Lieutenant-Governor in Council may further order the adjustment of the assets and liabilities between the cities and towns effected by the order.

1991 c35 s10

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Urban and Rural Planning Act

     11. Notwithstanding the changes in the boundaries of the various cities and towns effected by an order made under section 10, a municipal plan, development scheme or further scheme, regulation or part of a municipal plan, development scheme, further scheme or regulation made under The Urban and Rural Planning Act before the commencement of this Act shall remain in effect for the geographic area to which it relates, until the municipal plan, development scheme, further scheme or regulation is revoked or amended in accordance with The Urban and Rural Planning Act.

1991 c35 s11

PART VIII
COMMENCEMENT

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Commencement

      12. (1) This Act with the exceptions of Parts II and VI comes into force on January 1, 1992 .

             (2)  Parts II and VI are considered to have come into force on December 1, 1991 .

1991 c35 s12