35

 

 

First Session, 47th General Assembly

61 Elizabeth II, 2012

BILL 35

AN ACT TO AMEND THE MUNICIPAL AFFAIRS ACT

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

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

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

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

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

HONOURABLE KEVIN O'BRIEN

Minister of Municipal Affairs

Ordered to be printed by the Honourable House of Assembly

  

EXPLANATORY NOTE

This Bill would amend the Municipal Affairs Act to authorize the removal of a regional service board established or continued under the Regional Service Boards Act, 2012, or a member of a regional service board, where the affairs of the board are managed in an irregular, improper or improvident manner.

A BILL

AN ACT TO AMEND THE MUNICIPAL
AFFAIRS ACT

Analysis


        1.   S.2 Amdt.
Definitions

        2.   S.6 Amdt.
Procedure on irregularity

        3.   Commencement


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

SNL1995 cM-20.1 as amended

        1. (1) Paragraph 2(e) of the Municipal Affairs Act is amended by deleting the word "and" at the end of subparagraph (iv), by deleting the semi-colon and adding a comma and the word "and" at the end of subparagraph (v), and by adding immediately after that subparagraph the following:

                    (vi)  a regional service board;

             (2)  Section 2 of the Act is amended by adding immediately after paragraph (e) the following:

          (e.1)  "regional service board" means a regional service board established or continued by the Regional Service Boards Act, 2012;

 

        2. Section 6 of the Act is amended by adding immediately after subsection (5) the following:

          (5.1)  Notwithstanding subsection (3), in the case of the dismissal of a regional service board or a member of a regional service board, the Lieutenant-Governor in Council may appoint a new chairperson or the minister may appoint one or more new members in accordance with the Regional Service Boards Act, 2012 to take the place of the board or member dismissed, and, where an officer is dismissed, the minister may appoint another officer in his or her place and prescribe the remuneration which shall be payable to him or her by the board.

          (5.2)  Where an appointment is made under subsection (5.1), a member of a dismissed regional service board and a member dismissed from a regional service board is not qualified to be appointed as a member of the new regional service board or as a member of the regional service board from which he or she was dismissed or of a different regional service board where the appointment is made within 2 years after the date of the dismissal.

          (5.3)  Notwithstanding subsection (5), the minister may, upon the dismissal of a regional service board or where the number of members of a regional service board are less than a quorum, appoint, by order in writing, an official administrator or a commission of administration of 3 persons.

Commencement

        3. This Act comes into force on the day that the Regional Service Boards Act, 2012 comes into force.