29

 


Fourth Session, 45th General Assembly

56 Elizabeth II, 2007

BILL 29

AN ACT TO AMEND THE MUNICIPALITIES ACT, 1999

Received and Read the First Time...................................................................................................

Second Reading.................................................................................................................................

Committee............................................................................................................................................

Third Reading.....................................................................................................................................

Royal Assent......................................................................................................................................

HONOURABLE JACK BYRNE

Minister of Municipal Affairs

Ordered to be printed by the Honourable House of Assembly

  

EXPLANATORY NOTES

Clause 1 of the Bill would amend the Municipalities Act, 1999 to add the definitions "municipal service delivery corporation" and "regional service board" to the Act.

In clauses 2, 3, 4 and 5 of the Bill, it would be clarified that municipal service delivery corporations and regional service boards are not subject to real property, business or poll taxes.

Clause 6 of the Bill would authorize the incorporation of municipal service delivery corporations for the purpose of providing the services described in Part VII of the Act.

Clause 7 of the Bill would expand the list of entities with whom councils may enter into agreements to include regional service boards and municipal service delivery corporations.

A BILL

AN ACT TO AMEND THE MUNICIPALITIES ACT, 1999

Analysis


        1.   S.2 Amdt.
Interpretation

        2.   S.118 Amdt.
Tax exempt property

        3.   S.120 Amdt.
Business tax

        4.   S.125 Amdt.
Minimum business tax

        5.   S.127 Amdt.
Exemption from poll tax

        6.   S.192.1 Added
Municipal service delivery corporations

        7.   S.219 R&S
Joint ventures


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

SNL1999 cM-24
as amended

        1. (1) Subsection 2(1) of the Municipalities Act, 1999 is amended by adding immediately after paragraph (o) the following:

          (o.1)  "municipal service delivery corporation" means a corporation incorporated under the Corporations Act for the purpose described in section 192.1;

             (2)  Subsection 2(1) of the Act is amended by adding immediately after paragraph (u) the following:

          (u.1)  "regional service board" means a regional service board established under the Regional Service Boards Act;

 

        2. Paragraph 118(b) of the Act is repealed and the following substituted:

             (b)  real property belonging to a municipality or its agents, a regional service board or a municipal service delivery corporation;

 

        3. Section 120 of the Act is amended by renumbering it as subsection 120(1) and by adding immediately after that subsection the following:

             (2)  This section shall not apply to a regional service board or a municipal service delivery corporation which may be carrying on business in the municipality.

 

        4. Section 125 of the Act is amended by adding immediately after subsection (1) the following:

          (1.1)  Subsection (1) shall not apply to a regional service board or municipal service delivery corporation operating in the municipality.

 

        5. Subsection 127(1) of the Act is amended by adding immediately after paragraph (a) the following:

          (a.1)  a regional service board or a municipal service delivery corporation;

        6. The Act is amended by adding immediately after section 192 the following:

Municipal service delivery corporation

192.1 (1) A municipality, a local service district and an unincorporated area, or a combination of at least 2 of those entities, may, with the prior written approval of the minister, incorporate a corporation under the Corporations Act for the purpose of delivering one or more of the services described in this Part.

             (2)  The minister may prescribe terms and conditions for the operation of a municipal service delivery corporation incorporated under subsection (1).

        7. Section 219 of the Act is repealed and the following substituted:

Joint ventures

   219. A council may enter into an agreement with the government of the province, a regional service board or municipal service delivery corporation or another municipality, agency or person 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.