Revised Statutes of Newfoundland 1990 Chapter M-23

(b) "building" includes those structures commonly known as mobile homes or trailers that are adopted for use as residences, shops, offices or the like;

(d) "clerk" means a town clerk, community clerk or regional clerk as the context requires;

(e) "council" means a town council continued or incorporated under this Act, a community council continued or incorporated under this Act, or a regional council incorporated under this Act;

(f) "councillor" includes a mayor, whether elected as a councillor or separately and an appointed councillor;

(g) "department" means the Department of Municipal and Provincial Affairs;

(h) "election" includes a by-election and a special election called under this Act;

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

(j) "municipality" means a community, town, and a region;

(k) "real property" means land or an interest arising from land and includes land under water and buildings, structures, improvements, machinery, equipment and fixtures erected or placed upon, in, over or under land or affixed to land;

(l) "region" means an area incorporated under this Act as a region; and

(m) "town" means an area incorporated or continued under this Act as a town.

(2) All docks, quays, wharves, ships and structures touching the boundaries of a municipality and all ships attached either permanently or temporarily to a dock, quay, wharf, ship or structure shall be considered to be within and to be part of the municipality.

1979 c33 s2; 1981 c4 Sch D; 1982 c55 s1;
1987 c13 s1; 1989 c30 Sch B

PART I
TOWNS
DIVISION A - ESTABLISHMENT
Back to Top Establishment of towns

3. (1) The Lieutenant-Governor in Council may, by order, on the recommendation of the minister and subject to a feasibility study being conducted under section 9

(a) establish an area in the province as a town;

(b) amalgamate towns or communities and towns, and annex areas to towns;

(d) disestablish a town and provide that it have the status of a community; and

(e) disestablish a town.

(2) An order made under subsection (1) shall have effect from a date which may be stated in the order, and that date may be earlier or later than the date on which the order is made.

(3) An order made under subsection (1) may provide that for the purposes of an election of a council in an area affected by an order, the order may have effect on a different date than for other purposes.

1979 c33 s3; 1981 c48 s1

4. (1) In an order made under section 3, the Lieutenant-Governor in Council shall state whether the council of the town is to be elected or appointed.

(2) Subject to a feasibility study, the Lieutenant-Governor in Council may change the appointed status of a town council.

(3) Where the council is to be appointed the minister may make appointments, and may designate which of the councillors is to be mayor.

1979 c33 s4; 1982 c55 s2

5. The Lieutenant-Governor in Council may, by order, prescribe and change the names of towns.

1979 c33 s5

6. Notwithstanding section 11, in an order made annexing an area to a town or amalgamating towns or communities and towns, the Lieutenant-Governor in Council may provide for the adjustment of assets and liabilities between the towns and communities affected by the order.

1990 c45 s1

7. (1) Every town, local improvement district, and rural district continued or constituted under a predecessor Act is continued as a town, local improvement district or rural district under this Act.

(2) Subsection (1) is not to be interpreted so as to impair the status of the bodies mentioned in that subsection.

(3) A town, local improvement district and rural district continued as a town under this section, continues to have the same powers, rights, duties and liabilities as existed before April 1, 1980.

1979 c33 s7; 1982 c55 s3

8. In addition to the requirements for publication in the Gazette under the Statutes and Subordinate Legislation Act, an order made under this Part shall be published by the minister in a newspaper having general circulation in the area affected by the order, where there is a newspaper, and by public notice posted up in the area.

1979 c33 s8

9. (1) The minister shall order the preparation of a feasibility report in the prescribed form before his or her making a recommendation for an order of the Lieutenant-Governor in Council under section 3 and shall appoint a person to prepare the report.

(2) The person conducting the feasibility report has the powers of a commissioner under the Public Inquiries Act.

(3) The person conducting the feasibility report shall hold a public hearing in all cases in relation to actions described in paragraphs 3(1)(a) to (e) and shall where reasonable, hold the hearing in the proposed town or in the town affected.

1979 c33 s9; 1982 c55 s4

10. (1) Before ordering of a feasibility report under section 9, the minister shall publish a notice of his or her intent to do so in a newspaper having general circulation in the area affected by the feasibility report, where there is a newspaper, and by public notice posted up in the area.

(2) Where a notice of intent is to be published by the minister under subsection (1) that directly affects a municipality, the minister shall give a prior notification of his or her intent to publish it to the council of that municipality.

1979 c33 s10

11. (1) Where an order is made reducing the area of a town

(a) a councillor who lives in the area that was taken out of the town by the order stops being a councillor when the order has effect;

(b) the minister may, by order, reduce the number of persons to serve as councillors, effective when the term of office of the councillors then serving expires, and where a vacancy occurs in the office of councillor before that term expires, the vacancy shall not be filled, unless the number of councillors is then below the number fixed by the order;

(c) all assets of the council may be retained by it, except roads, streets, lanes, sidewalks, bridges and other public ways in the area taken out of the town and the council may dispose of those assets for the consideration and upon the terms that it considers appropriate; and

(d) the council may collect money due to it and take legal action the right to which arose before the order came into effect as if the order had not been made.

(2) The council and the councillors holding office before an order is made under subsection (1) as to the council continue in being and as to the remaining councillors continue to hold office as if the order had not been made.

1979 c33 s11

DIVISION B - TOWN COUNCIL
Back to Top Establishment of town council

12. The Lieutenant-Governor in Council may, by order, constitute a town council for a town established under this Act to control and manage the town in accordance with this Act.

1979 c33 s12

13. A council is to consist of not less than 5 nor more than 10 persons as prescribed by the minister.

1979 c33 s13

14. (1) The minister may, by order, divide a town into 2 or more wards, define the boundaries of those wards and fix the number of councillors to be elected for each ward, when a town council is 1st constituted.

(2) A council may, by resolution carried by a 2/3 vote of the councillors in office, divide its town into 2 or more wards, define the boundaries of those wards and fix the number of councillors to be elected for each ward and may in the same manner change that resolution or an order made by the minister under subsection (1) or by the Lieutenant-Governor in Council.

(3) The forms set out in Schedule A are to be adapted for elections where wards are established.

(4) Where the council fixes a number of councillors to be elected for each ward, the council may also fix a number of councillors to be elected at large.

1979 c33 s14; 1981 c48 s3; 1982 c55 s5

15. A town council is a corporation.

1979 c33 s15

16. The elected or appointed status of existing town councils, rural district councils or boards of local improvement districts continues until changed by the Lieutenant-Governor in Council under section 4.

1979 c33 s16

17. (1) Where the council is to be elected the 1st council shall be elected on a date fixed by the minister.

(2) The minister may defer the holding of an election under subsection (1) to a date not later than 1 year after the town has been established.

1979 c33 s17

18. (1) The minister may provide for the election of the mayor by a separate election in the 1st election of a council or where an election has been ordered by him or her.

(2) Where a council is an elected one it may, by resolution carried by a 2/3 vote of the councillors in office, provide for the election of the mayor by a separate election, and may in the same manner change that resolution, or an order made by the minister under subsection (1).

(3) Where no person is nominated for the post of mayor as provided for under subsection (1) or (2), a mayor may be elected by the councillors in the same manner as if no provision had been made for the separate election of the mayor.

(4) Where no person is nominated for the post of mayor and a mayor is elected by the councillors under subsection (3), the person who receives the next highest number of votes to the person who was elected with the least number of votes shall be considered to be elected to the council.

(5) The forms provided for in Schedule A shall be adapted for a separate election for mayor.

1979 c33 s18

19. (1) The 1st meeting of a council following a general or special general election shall be called by the clerk, or the returning officer, within 30 days of the election.

(2) Notwithstanding subsection (1), where an order made under section 3 contains a provision respecting the date on which a council shall take office, the 1st meeting of the council shall be called by the clerk, or the returning officer, within 30 days of that date.

1979 c33 s19; 1987 c13 s2

20. (1) At the 1st meeting held following the 1st election and each general election the councillors shall elect 1 councillor to be mayor, where there has not been a separate election for mayor or a councillor has not been designated as mayor under section 4, and 1 councillor to be deputy mayor.

(2) The election shall be conducted by the clerk or returning officer.

1979 c33 s20

21. Where a vacancy occurs in the office of mayor whether elected by separate election or by the council, the deputy mayor shall assume the office of mayor for the remainder of the mayor's term and has the powers and shall exercise the duties of the mayor.

1979 c33 s21

22. The mayor is the presiding officer of the council and is the official head of the town for all ceremonial purposes.

1979 c33 s22

23. In the absence or incapacity of the mayor the deputy mayor has the powers and shall exercise the duties of the mayor.

1979 c33 s23

24. The mayor

(a) shall be vigilant and active in causing the laws of the government of the town to be executed and obeyed and in making all reasonable efforts to advance the aims of the council; and

(b) shall exercise the powers and perform the duties that may be conferred or imposed upon him or her by the council, the Act or the regulations.

1979 c33 s24

25. The mayor is subject to the direction and control of the council and shall abide by decisions of the council.

1979 c33 s25

26. (1) The mayor, and in his or her absence, the deputy mayor shall preside at all meetings of the council.

(2) Where both the mayor and deputy mayor are absent from a meeting the other councillors shall appoint a temporary chairperson who may exercise the powers and carry out the duties of the mayor at the meeting.

(3) The mayor or person presiding at a meeting of council may when he or she wants to speak on a subject be replaced as the presiding officer by the deputy mayor or temporary chairperson for the time during which the mayor or person presiding is speaking.

1979 c33 s26; 1982 c55 s6

27. A council shall meet at least once a month for the dispatch of general business at the call of the clerk, which call shall be made upon the request of the mayor, or any 2 councillors, and shall meet at other times in the same manner.

1979 c33 s27

28. A council may establish the standing or special committees that it considers desirable to consider and make recommendations on matters referred to them by the council.

1979 c33 s28

29. No action for damages lies or shall be instituted against a councillor or member of a local service district committee for anything said or done or omitted to be said or done by that councillor or member in the performance or intended performance of his or her duty or the exercise of a power or for an alleged neglect in the performance or intended performance of his or her duty or exercise of a power.

1988 c46 s1

DIVISION C - STAFF
Back to Top Appointment of manager

30. (1) A council may by a vote of 2/3 of the total number of councillors, appoint a town manager, who is to be paid a salary to be fixed by the council.

(2) The salary fixed by a council under subsection (1) shall be in accordance with salary guidelines prescribed by the minister.

1979 c33 s29; 1982 c55 s7

31. A town manager may be appointed town clerk or acting town clerk in addition to his or her other duties under this Act.

1979 c33 s30

32. (1) When the office of town manager is vacant, or the town manager is unable to carry out his or her duties, the council may appoint a person to act as town manager and fix his or her salary in the same manner as set out in section 30.

(2) The acting town manager has and may exercise the powers and shall carry out the duties of the town manager.

1979 c33 s31

33. (1) The town manager is the chief executive and administrative officer of the council and head of its administrative branch and is responsible to it for the proper planning, execution, conduct and the proper administration of the affairs of the council in accordance with the policies determined by the council.

(2) The specific duties of the town manager are as set out in Schedule B entitled "Manager".

1979 c33 s32

34. (1) The town manager shall not disobey, disregard or overrule a decision of the council.

(2) Where it is provided that the town manager may or shall make a recommendation, the council shall receive and consider the recommendation, but it is not bound to follow it nor is a recommendation of the town manager a condition precedent to action by a council.

1979 c33 s33

35. (1) The town manager shall attend meetings of the council and may at the discretion of the council attend meetings of its committees but the town manager has no vote.

(2) Where a town manager is unable to attend a meeting of the council, the council shall appoint a person who shall attend the meeting in place of the manager.

1987 c13 s3

36. The town manager may take part in the discussion of all matters coming before a meeting of the council or its committees but he or she has no vote.

1979 c33 s35

37. The town manager may use the services of the heads of departments and of other employees of the council for the purpose of carrying out his or her duties.

1979 c33 s36

38. The town manager shall, where requested in writing by a department head giving reasons for the request, report to the next meeting of the council that the department head is not in agreement with a plan, proposal or appointment of the town manager.

1979 c33 s37

39. The town manager may make or authorize the making of expenditures for the purchase of equipment, supplies, work or other thing required for the carrying on of the business of council, and he or she may enter into contracts for the expenditures on behalf of the council

(a) where the expenditure does not exceed in a single case the sum of $500, without reference to the council; and

(b) where the expenditure exceeds in a single case the sum of $500, with the prior approval by resolution of the council,

where the proposed expenditure is not in excess of the amount provided in the budget for the purchase of the equipment, supplies, work or thing.

1979 c33 s38

40. Notwithstanding section 39, where, in the opinion of the manager, the immediate expenditure of an amount in excess of $500 is necessary to meet an emergency situation, the town manager may make that expenditure without the prior approval of the council and shall report on the expenditure to the council at its next meeting.

1979 c33 s39

41. (1) When an expenditure in excess of $500 in a single case is proposed, the council shall not make the expenditure until it has requested the recommendations of the town manager with respect to it.

(2) When the manager's recommendations are received, or where the manager does not make his or her recommendations within a reasonable time, the council may make the expenditure in the manner and subject to the conditions that it considers appropriate.

(3) The council is not bound to adopt recommendations made to it by the manager under subsection (1).

1979 c33 s40

42. (1) The town manager may delegate his or her powers and duties to those officers of the council that he or she may consider appropriate, except those powers and duties that the council may specifically exempt from delegation.

(2) Notwithstanding subsection (1), in the case of an emergency, the town manager may delegate his or her powers without reservation.

1979 c33 s41

43. (1) A council shall, by a vote of 2/3 of the total number of councillors, appoint a town clerk, who is to be paid a salary to be fixed by the council.

(2) The salary fixed by a council under subsection (1) shall be in accordance with salary guidelines prescribed by the minister.

1979 c33 s42; 1982 c55 s8

44. A town clerk may be appointed town manager or acting town manager in addition to his or her other duties under this Act.

1979 c33 s43

45. (1) When the office of town clerk is vacant, or the town clerk is unable to carry out his or her duties, the council shall appoint a person to act as town clerk and fix his or her salary in the same manner as set out in section 43.

(2) The acting town clerk may exercise the powers and shall carry out the duties of town clerk.

1979 c33 s44

46. The town clerk may administer oaths or affirmations and take and receive affidavits for the purpose of this Act.

1979 c33 s45

47. (1) The town clerk is the secretary to the council and is responsible to it for recording the proceedings and decisions of the council and for the safekeeping of all documents of the council.

(2) The specific duties of the town clerk are as set out in Schedule B entitled "Clerk".

1979 c33 s46

48. (1) The town clerk shall attend all meetings of the council and may at the discretion of the council attend meetings of its committees.

(2) Where a town clerk is unable to attend a meeting of the council, the council shall appoint a person who shall attend the meeting in place of the clerk.

1987 c13 s4

49. (1) The council may establish departments and appoint the following department heads:

(a) town engineer or town superintendent of works;

(b) town treasurer;

(d) town recreation director;

(e) town fire chief; or

(f) heads for other departments that may be established by the council.

(2) Where there is a town manager, the council shall seek his or her recommendation before establishing a department or appointing a department head.

(3) The council may appoint 1 person to 2 or more offices set out in subsection (1).

1979 c33 s48

50. The department heads are responsible to the town manager, or to the council where there is no town manager.

1979 c33 s49

51. (1) A department head is to be paid a salary fixed by the council.

(2) The salary fixed by a council under subsection (1) shall be in accordance with salary guidelines prescribed by the minister.

1979 c33 s50

52. (1) The town engineer is responsible for the design, construction, operation and maintenance of town works and equipment.

(2) The specific duties of the town engineer are as set out in Schedule B entitled "Engineer".

1979 c33 s51

53. (1) The town superintendent of works is responsible for the operation and maintenance of town works and equipment.

(2) The specific duties of the town superintendent of works are as set out in Schedule B entitled "Superintendent of Works."

(3) Where there is a town engineer appointed by the council, the town superintendent of works shall, notwithstanding subsections (1) and (2), be responsible to the town engineer and in that case is not a department head.

1979 c33 s52

54. (1) The town treasurer is responsible for the financial management of the town.

(2) The specific duties of the town treasurer are as set out in Schedule B entitled "Treasurer".

1979 c33 s53

55. (1) The town planner is responsible for the formulation of the long term objects and strategies to be recommended to the council to guide the future development of the town and for the preparation of plans for the orderly development of the town.

(2) The specific duties of the town planner are as set out in Schedule B entitled "Planner".

1979 c33 s54

56. (1) The town director of recreation is responsible for the formulation and direction of a town recreation program and for the operation and maintenance of town recreational facilities.

(2) The specific duties of the town director of recreation are as set out in Schedule B entitled "Director of Recreation".

1979 c33 s55

57. (1) The town fire chief is responsible for the organization, training and operation of the town fire brigade and for fire prevention and fire protection within the town.

(2) The specific duties of the town fire chief are as set out in Schedule B entitled "Fire Chief".

1979 c33 s56

58. The town manager, town clerk and department heads hold office during the pleasure of the council.

1979 c33 s57

59. (1) The town manager, town clerk or department head may be dismissed by a vote of 2/3 of the total number of councillors called in accordance with subsection (2), where the vote to dismiss is confirmed by a similar vote at a meeting of the councillors held not earlier than 1 month after the meeting at which the 1st vote to dismiss was carried.

(2) A meeting of councillors may not hold a vote on a motion to dismiss under subsection (1) unless

(a) a written notice of the meeting signed by the councillors intending to make the motion and second it is deposited with the town clerk or mayor; and

(b) a copy of the notice addressed to the person who is the subject of that motion is served on him or her personally or by leaving it at his or her latest known address at least 1 week before the date of the meeting of the council at which the motion to dismiss is to be made.

1979 c33 s58; 1982 c55 s9

60. The town manager, town clerk or department heads may be retired in accordance with a pension scheme established under this Act when that person becomes qualified for a pension, allowance or gratuity under that pension scheme.

1979 c33 s59

61. (1) Where a council is of the opinion that the town manager, town clerk or a department head has grossly misconducted himself or herself in the performance of his or her duties or in the exercise of his or her powers under this Act, the council may, by a vote of 2/3 of the councillors, suspend the town manager, town clerk or a department head from his or her office for a period not in excess of 1 month.

(2) Where the dismissal procedure is taken under section 59 the period of suspension shall continue until that procedure is completed, and where that dismissal procedure is started it shall be concluded within 2 months of the date of the beginning of the suspension.

(3) The suspended person is not entitled to be paid his or her regular salary during the initial 1 month period of suspension unless that suspension is later found to be unwarranted by the council.

1979 c33 s60

62. (1) The council may establish posts for the administration of the town and determine the salary for each post.

(2) The council shall establish written job specifications for each post established by it setting out the duties for each post and the qualifications of persons to fill those posts.

(3) Where there is a town manager, the council shall seek his or her recommendation before they exercise their powers under subsections (1) and (2).

1979 c33 s61

63. (1) Where there is a town manager he or she may, on behalf of the council and after consultation with the head of the department concerned, employ or dismiss an employee of the council, other than a department head.

(2) The authority that may be exercised by the town manager under subsection (1) is subject to the terms of a collective agreement or other employment contract to which the council is a party.

(3) Where there is no collective agreement or other contract regulating the procedures to be followed under subsection (1) the council shall, upon the written recommendation of the town manager, where there is a town manager, establish written procedures governing the exercise of the powers set out in subsection (1).

(4) The council itself may employ or dismiss an employee of the council, subject to subsections (2) and (3), after consulting with the town manager, where there is a town manager.

1979 c33 s62

64. (1) An employee of a council whose duties include the collecting, receiving or depositing of money shall be bonded in the amount specified by the council.

(2) The council shall pay the premiums on bonds entered into under this section.

(3) The auditor shall, during the course of each audit, inspect the bonds entered into under this section and report on their sufficiency to the minister.

(4) At a meeting to be held not later than February 15 in each year, the council shall examine the bonds entered into under this section.

1979 c33 s63

65. (1) The council may provide a pension scheme for full-time employees, regular part-time employees, or a class of those employees for those employees who have worked as employees for a stated period and discontinued their employment or have suffered permanent disability before reaching retirement age.

(2) The council shall determine

(a) whether the pensions, allowances and gratuities are to be paid

(i) by contract with the Crown in right of Canada under the Government Annuities Act (Canada),

(ii) by contract with an insurer authorized to carry on business in the province,

(iii) by contract with the Crown, or

(iv) by other methods which the minister may approve; and

(b) the employees who are to be eligible to receive a payment under the pension scheme and the amount of the payment.

(3) The council

(a) shall deduct or provide for the deduction by instalments from the salary, wages, or other remuneration of each employee who is eligible to receive a payment under the pension scheme, of the amount that the employee is to contribute under the pension scheme; and

(b) shall provide for payment of contributions to be made by the council under the pension scheme.

1979 c33 s64; 1982 c55 s10

66. (1) The council may make those regulations that in its opinion are necessary or desirable to provide for the pension scheme and for a matter connected with the pension scheme for which no express provision has been made under this section or in respect of which only partial provision has been made.

(2) Regulations made under subsection (1) may be made with retroactive effect.

1979 c33 s65

67. (1) A person, who before becoming an employee of the council, was in the employment of the Government of Canada, the government of a province, a municipality in Canada, the cities of St. John's, Corner Brook or Mount Pearl, or of a corporation or institution having a pension plan may be credited, as pensionable service with the council, with the whole or part of the pensionable service credited to him or her by that employment.

(2) Notwithstanding subsection (1), a council may make an agreement with a body described in subsection (1) providing for the crediting, on a reciprocal basis, of the whole or part of the pensionable service served by the employee with that body, as pensionable service with the town.

1979 c33 s66

68. (1) The council may arrange to provide a group insurance scheme for employees or a class of employees, and for volunteer members of its fire department and for that purpose may enter into arrangements which the council may determine with insurance or other companies or with the Crown.

(2) A group insurance scheme entered into under subsection (1) is to be based on a plan of contributions by the council and its employees, except for volunteer members of its fire department where all contributions shall be paid by the council.

1979 c33 s67

69. The council may determine the persons or class of persons who are eligible to receive benefits under a group insurance scheme entered into under section 68.

1979 c33 s68

70. The council shall provide for the payment of contributions to be made by the council under a group insurance scheme and shall deduct or provide for deductions by instalments from the salary, wages or other remuneration of an employee who is eligible to receive a benefit under the scheme.

1979 c33 s69

71. A council may carry out staff training on its own or in co-operation with other councils, municipalities or bodies engaged in staff training programs and shall arrange to help its employees financially and otherwise in taking those training programs.

1979 c33 s70

DIVISION D - FINANCE
Back to Top Financial year

72. (1) The financial year of a council is from January 1 to December 31 next following.

(2) For the 1st year of a council the financial year is from the date the council takes office until December 31 next following.

1979 c33 s71

73. (1) The council shall open a bank account in a bank approved by the council and shall deposit to its credit all money received by it.

(2) All cheques or orders withdrawing money from the bank account of a council shall be signed by the mayor or deputy mayor, or in the absence or incapacity of both of them, by a councillor, designated for that purpose by the council, and countersigned by the town clerk.

(3) Where a comptroller is appointed under section 477 all cheques shall be countersigned by him or her.

(4) In this section "bank" includes a credit union registered under the Co-operative Societies Act.

1979 c33 s72; 1987 c13 s5

74. (1) A council shall, not later than 90 days after the day on which the council takes office in the 1st financial year, and not later than December 1 in each succeeding year, prepare and adopt a budget containing estimates of the revenue and expenditure of the council for the next financial year and a statement showing the rate of tax that will be imposed during that year.

(2) The budget shall be in the form that the minister may prescribe and a copy shall be sent to him or her on or before December 31 in each year, or in the case of a new council, within 30 days of its adoption.

1979 c33 s73

75. The anticipated revenues and proposed expenditures of the council shall balance.

1979 c33 s74

76. (1) The budget shall only include local revenue and federal and provincial revenue for which written authorization has been received.

(2) Expenditures shall not be provided in a budget for capital reserves except where, subject to the approval of the minister, a council has considered it necessary to set aside in the financial statements a reserve from the accumulated surplus, investments of funds for specific purposes of a capital nature.

(3) The unappropriated accumulated surplus or accumulated deficit, appearing in the audited financial statements at the end of the previous financial year, shall be credited or debited as items of revenue or expenditure in the budget of the next financial year.

(4) Where the amounts of unappropriated accumulated surplus or accumulated deficit, referred to in subsection (3) are in the opinion of the minister substantial, they may be credited or debited in future budgets over a period of years that may be determined by the minister.

1979 c33 s75; 1982 c55 s11

77. (1) Where, during a financial year it appears that the actual revenue and expenditure is likely to be substantially greater or less than estimated, the council shall prepare and adopt a revised budget in the prescribed form.

(2) A copy of the revised budget shall be sent to the minister within 2 weeks of its adoption.

(3) A revised budget shall not take effect until 1 month from the date of its adoption by the council.

1979 c33 s76

78. A council shall not without the approval of the minister incur, enter into, contract, or become liable for an expenditure or indebtedness beyond or in excess of the estimated amount of expenditure set out in the adopted budget or revised budget.

1979 c33 s77

79. (1) Where a town has incurred major deficits in a financial year of such an extent that the minister considers it advisable to do so, he or she may, by order, require the council to submit their budgets or revised budgets to him or her for approval and the minister may approve or disapprove a budget or revised budget so submitted.

(2) Where a minister has made an order under subsection (1) he or she may also assign an officer of his or her department to help the council in the preparation of its budget or revised budget.

1979 c33 s78

80. The council shall ensure that complete books of account are kept of the financial dealings of the council.

1979 c33 s79

81. (1) The council shall prepare and adopt within 5 months of the end of each financial year a financial statement showing a full and detailed balance sheet and a statement of the revenue and expenditure of the council.

(2) The mayor and the treasurer, or where there is no treasurer, the officer performing that function, shall sign the financial statement and shall attach a report that an auditor has made with respect to the financial statement.

(3) The council shall publish the financial statement, together with an auditor's report on the financial statement in a newspaper having general circulation in the town, or where there is no newspaper, by posting it in a public place in the town, within 30 days of its adoption where there is no auditor's report, or within 30 days of the receipt of the auditor's report where there is such a report.

1979 c33 s80

82. (1) The council shall appoint an auditor not later than July 30 in the year preceding the year in which the audit is required to be reported on under section 87 to audit the accounts of the council and report on the financial statement prepared by the council.

(2) An auditor appointed under subsection (1) shall be a member of the Institute of Chartered Accountants of Newfoundland or the auditor general and his or her staff and the appointment remains in effect until it is revoked by the council.

(3) The council shall advise the minister in writing of its appointment of an auditor or its revocation of an appointment within 30 days of that appointment or revocation.

1979 c33 s81; 1982 c55 s12

83. Where a council does not appoint an auditor within the time set out in section 82 or the auditor is not a qualified person under that section, the minister shall appoint an auditor to audit the accounts of the council and report on the financial statement prepared by the council.

1979 c33 s82

84. Notwithstanding subsection 82(1) and section 83, the minister may, by order, waive the requirement of an audit for a council where he or she is satisfied that an inspection by the officials of his or her department is sufficient to ensure adequate financial control and accountability.

1979 c33 s83

85. An auditor may call for, and the council shall supply, all books and vouchers of the council that the auditor considers necessary to enable him or her to properly audit its accounts.

1979 c33 s84

86. The auditor shall examine and report on the annual financial statement of the council and its books of account and in the report shall particularly direct his or her attention to

(a) an expenditure in excess of the budget of the council;

(b) the position with regard to arrears of revenue;

(d) the adequacy of the safeguards against fraud;

(e) the sufficiency of bonds entered into under section 64; and

(f) other matters connected with the accounts that the auditor may consider of sufficient interest or importance to mention.

1979 c33 s85

87. The auditor shall complete and submit the report on his or her audit within 5 months of the end of the financial year that he or she is auditing.

1979 c33 s86

88. The council shall send a copy of the audit to the minister within 30 days of its receipt.

1979 c33 s87

89. The auditor shall, at the request of the council or the minister, make an interim report on the accounts of the council and shall send a copy of that report to the council and the minister within 30 days of its completion.

1979 c33 s88

90. (1) A council may borrow sums of money for current account purposes.

(2) The indebtedness of a council incurred as a result of borrowing an amount under subsection (1) shall not exceed 20% of its estimated tax yield, grants-in-lieu and other assured revenue, other than water and sewage subsidies paid by the province to the council, in the financial year in which the borrowing takes place.

(3) All amounts borrowed under subsection (1) shall be repaid on or before the end of the financial year in which the borrowing takes place.

1987 c13 s6

91. Subject to the approval of the minister, a council may borrow money for capital purposes and issue securities for the repayment of money borrowed.

1979 c33 s90

92. A council shall annually on or before the end of each year submit to the Municipal Capital Projects Board established under the Municipal Grants Act a 5-year forecast of their anticipated capital expenditure requirements.

1979 c33 s91

93. (1) Where, without the prior approval of the minister, a council uses money borrowed under section 91 for a purpose other than the purpose for which the minister approved the raising of the loan, the councillors who voted for the use of the money are personally and jointly and individually liable for the restoration of that money to the council, and the council may recover the money as a civil debt due to it.

(2) Where a person entitled to vote in an election for councillors files a written request with the council concerned asking it to bring an action against councillors who incur liability under subsection (1) for the recovery of the money referred to in that subsection and the council refuses or neglects to do so for 1 month, then, the person who filed the request may bring the action on behalf of himself or herself and other persons in the town.

1979 c33 s92

94. (1) A debenture issued by a council shall have on it the following certificate:

"This debenture is valid and binding according to its terms and its validity is not open to question in a court in the province, and this certificate is given under the Municipalities Act. Dated at St. John's, Newfoundland this day of 19 .

Deputy Minister of Municipal and Provincial Affairs."

(2) The certificate as set out in subsection (1) on a debenture when signed by the Deputy Minister of Municipal and Provincial Affairs is conclusive that

(a) the council had full authority in law and in fact to make and issue the debenture;

(b) the debenture has been lawfully and validly made and issued;

(d) its validity is not open to question in a court in the province.

(3) The Deputy Minister of Municipal and Provincial Affairs may impress his or her signature by machinery on debentures, and a certificate on which his or her signature has been impressed is good and valid to all intents as if it had been signed in the handwriting of the deputy minister.

1979 c33 s93

95. Where a council borrows money under section 91, the amount of the loan to be raised shall be stated in Canadian dollars.

1979 c33 s94

96. The mayor and the clerk may impress their signatures by machinery on debentures issued by the council, and debentures that have been impressed are valid to all intents as if they had been signed in the handwriting of the mayor and clerk.

1979 c33 s95

97. The council may pay, out of the funds at its disposal, salaries or remuneration to the councillors, officers, auditors and employees of the council, and all the other expenditures incurred in the execution of the powers and duties vested by this Act or other law in the council, subject to there being a provision for such an expenditure in the adopted budget or revised budget.

1979 c33 s96

98. The council may, by a vote of 2/3 of the councillors in office, support financially and otherwise an association, activity or event that the council considers to be of benefit to the town and may also pay, or contribute towards the payment of, membership fees, costs of participation by representatives of council and its employees in those associations, activities or events.

1979 c33 s97

99. (1) Where a council has raised money by a loan advanced or guaranteed by the Crown or under bonds or debentures issued by the council with their repayment guaranteed by the Crown, the council shall not invite tenders, award a contract or undertake an obligation in respect of the execution of work, the performance of services, or the purchase of materials or goods that is to be financed in whole or in part by that money, without the prior written approval of the minister.

(2) Except with the consent of the Lieutenant-Governor in Council, money described in subsection (1) shall not be attached, held or otherwise taken under power of law to satisfy an obligation of a council arising out of a contract entered into without the prior approval of the minister.

1979 c33 s98

DIVISION E - TAXES
Back to Top Imposition of taxes

100. All taxes that may be imposed or varied by the council shall be imposed or varied by a resolution of council.

1979 c33 s99

101. (1) A council may, in the resolution of council imposing or varying the tax, set out the date when that tax is due.

(2) Where a tax is imposed or varied by a council within 3 months of the beginning of the financial year the tax is considered to have been due from the beginning of that financial year, unless a later date is set out under subsection (1).

(3) Where a tax is imposed or varied after 3 months of the beginning of the financial year, it shall not take effect until the beginning of the next succeeding financial year unless a later date is set out under subsection (1).

1979 c33 s100

102. A council may provide for the payment of a tax imposed under this Act at monthly or bi-monthly intervals and may charge a rate of interest on those payments not in excess of that provided for under section 106.

1979 c33 s101

103. (1) Notwithstanding section 101, where the time for the completion of the assessment roll is extended, or the time for the closing of the court of revision is extended under the Assessment Act and as a result a council is unable to impose or vary the real property tax within 3 months of the beginning of the financial year the real property tax is considered to be due from the beginning of that financial year, unless the council sets a later date under section 101.

(2) Notwithstanding section 101, where a water system, sewage system or water and sewage system are installed during a financial year, the water and sewage tax imposed is considered to be due from the beginning of that financial year, unless the council sets a later date under section 101.

1979 c33 s102; 1981 c48 s4; 1986 c43 s52

104. Notwithstanding section 101, taxes imposed or varied by a council in its 1st financial year within 3 months of its taking office become due from the date the council takes office, unless the council sets a later date under section 101.

1979 c33 s103

105. Taxes imposed or varied by a council remain in effect and are due according to the nature of the tax and its method of payment, until the resolution of council imposing it has been cancelled.

1979 c33 s104

106. (1) On taxes that are not paid on or before the date on which they become due, a council may charge interest, so long as before that charge the council passes a resolution to that effect, not in excess of the prime rate of interest charged by the chartered banks on January 1 in each year plus 3%.

(2) The interest charged under subsection (1) runs from the later date of

(a) the effective date of the resolution passed by council approving the interest; and

(b) 3 days after the taxpayer has been mailed a notice of the amount of taxes that are owing and not paid by him or her.

1982 c55 s13

107. A council may allow a discount in respect of taxes imposed under this Act at a rate not exceeding 10% of the tax where the tax is paid within 30 days after it 1st becomes due.

1981 c48 s5

108. (1) A council shall publish a copy of a resolution of the council where a tax is imposed or varied in a newspaper circulated in the town and by public notice in the town.

(2) Subsection (1) does not apply to a minute of the council that settles an individual tax.

(3) The liability of a person to pay a tax is not affected by the failure of a municipality to comply with subsection (1).

1979 c33 s106; 1987 c41 s14

109. In an action under this Act in which it is necessary to show that a tax was imposed or varied, a copy of the minute of the council signed by the clerk is, in the absence of evidence to the contrary, proof that the tax was properly imposed or varied.

1979 c33 s107

110. When, in the opinion of the council, a taxpayer is unable to pay his or her taxes in cash, the council may by a resolution setting out the nature and amount of the services or materials to be supplied, permit the taxpayer to pay the taxes by services or materials of a value equal to the amount of the taxes.

1979 c33 s108

111. (1) The council may impose an annual tax, to be known as "the real property tax" on the owners of real property within the town.

(2) Where there are 2 or more owners of real property within the town, the council may designate 1 of those owners to be the owner for the purpose of the imposition and collection of the real property tax.

1979 c33 s109; 1980 c43 s2

112. (1) A council that has a water system, sewage system or a water and sewage system serving more than 50% of the residents of the town shall impose the real property tax under section 111 to take effect when assessments are completed under the Assessment Act.

(2) Where a council applies for provincial assistance towards the construction of a water system, sewage system or water and sewage system proposed by the council to serve more than 50% of the residents of the town it shall agree to impose the real property tax under section 111 to take effect when assessments are completed.

1979 c33 s110; 1982 c55 s14; 1986 c43 s52

113. The rate of the real property tax shall be

(a) uniform throughout the town;

(b) fixed as a percentage of the real property as set down in the last assessment roll of the town prepared under the Assessment Act; and

(c) one that is estimated to be sufficient, together with the anticipated revenues from other sources, to cover all the expenditures of the council to be made from current funds during the current financial year of the council.

1979 c33 s111; 1986 c43 s52

114. (1) Where a poll tax has not been imposed in the town the minimum real property tax payable is $20.

(2) Where a poll tax has been imposed in the town the minimum real property tax is the amount that has been imposed as the poll tax.

1979 c33 s112

115. Where real property is occupied and the owner is not known the occupier is considered to be the owner for the purpose of the imposition and collection of the real property tax.

1979 c33 s113

116. The tenant of real property that is not subject to the real property tax shall pay a tax equivalent to the tax that would have been payable by the owner if the property were subject to the real property tax, where that tenant pays rent or other valuable consideration for the real property.

1979 c33 s114

117. (1) Where real property is under the control of a person in a representative capacity as executor, administrator, trustee, guardian or agent, that person is liable for the payment of the real property tax only in his or her representative capacity.

(2) Where the owner of real property is an infant, the person whose name has been entered on the assessment roll of the municipalities prepared under the Assessment Act as the parent, guardian or other legal representative of the owner is liable for the payment of the real property tax, where the owner defaults in the payment.

1979 c33 s115; 1986 c43 s52

118. The following real property is exempt from the real property tax:

(a) real property belonging to Canada or a province of Canada;

(b) real property belonging to a municipality, or their agents;

(d) churches and other places of worship together with the land

(i) on which they are situated, and

(ii) that in relation to the places of worship, is in active use;

(e) church halls used more than 50% of the time for religious or congregational purposes together with the land

(i) on which they are situated, and

(ii) that in relation to the church halls, is in active use;

(f) the rectory or other principal place of residence of a priest, minister or rabbi in charge of a church together with the land

(i) on which they are situated, and

(ii) that in relation to the places of residence, is in active use;

(g) cemeteries operated by churches or non-profit organizations;

(h) hospitals as defined in the Hospitals Act and the land on which they are situated, including student residences, but not including other residences and apartments;

(i) public schools and colleges as defined in the Schools Act and the land on which they are situated, including student residences and playing fields and other recreational facilities owned by a school board or group of school boards but not including other residences and apartments;

(j) real property belonging to a local school tax authority established under the Local School Tax Act;

(k) universities and colleges, and the land on which they are situated, including student residences and playing fields and other recreational facilities owned by them, but not including other residences and apartments;

(l) productive farm land and woodland as designated by the minister responsible for the productive farm land and woodland and buildings on and used in connection with farm or wood production from that land; and

(m) other real property that has been exempted by the council under section 135.

1979 c33 s116; 1982 c55 s15; 1987 c13 s7

119. The owner of real property that has been made subject to a supplementary assessment under the Assessment Act is liable for the payment of real property tax on the basis of the supplementary assessment for the portion of the current financial year of the council remaining as from the 1st day of the month following the date of occupancy or from the beginning of the financial year, whichever is the lesser period.

1979 c33 s117; 1982 c55 s16; 1986 c43 s52

120. (1) Where real property has been made subject to an assessment, original or supplementary, under the Assessment Act and an appeal is being taken under that Act against the assessment, the real property tax is, notwithstanding an appeal, payable on the basis of that assessment.

(2) The difference between the amount of the tax collected under subsection (1) and the amount payable on the basis of the assessment as later determined by the court of revision on the appeal shall be paid by the owner or refunded by the council, according to the decision in the appeal.

1982 c55 s16; 1988 c54 s16

121. A council shall impose an annual tax, to be known as "the business tax", on all individuals, partnerships, associations and corporations carrying on a business in the town.

1979 c33 s118

122. (1) Where the real property tax has not been imposed, or is not applicable to a business because it has no fixed place of business, the council shall set the business tax as a percentage of the gross revenue of business done by the business.

(2) For the purpose of this section a business has no fixed place of business if it does not operate from a specific location for a period of at least 1 month.

1979 c33 s119; 1987 c13 s8

123. (1) A business subject to the business tax as calculated under section 122 shall submit a sworn or affirmed statement as to its gross revenue in the preceding year by February 1 of the following year.

(2) Where a business does not submit a statement of its gross revenue the council shall estimate the gross revenue of the business for the preceding year and bill for taxes based on its estimate.

(3) Where a business subject to the business tax as calculated under section 122 has not been carrying on business in the preceding year the council may estimate the gross revenue of business and bill for taxes based on its estimate.

(4) Where a business provides records to the council after the council makes an estimate under subsection (2) or (3) that shows to the satisfaction of the council an amount of gross revenue different from that estimated by the council, the council shall adjust its tax records at the end of its financial year and shall either rebate excess taxes paid by crediting the rebate to the next year's business tax or add additional tax owing to the next year's business tax.

(5) Where the council has estimated the gross revenue of a business under subsection (3), the business may appeal to the council for a revised estimate where the business is able to show the council reason for revision.

1979 c33 s120; 1982 c55 s17

124. Where a council has imposed the real property tax it shall set the business tax as a percentage of the assessed value of the real property used by the business, where there is a fixed place of business, and the business tax is due from the same date as the real property tax is due.

1979 c33 s121

125. (1) Where the council has not imposed the real property tax, it may by resolution set the business tax as a percentage of the assessed value of the property used by a business, where there is a fixed place of business.

(2) Where a resolution is made under subsection (1), the council shall carry out an assessment of the real property affected under the Assessment Act.

1979 c33 s122; 1980 c24 s12; 1986 c43 s52;
1988 c54 s16

126. The council may vary the rate of business tax between different classes of businesses.

1979 c33 s123

127. (1) The rate of business tax shall not be less than 1/10 of 1% of the gross revenues of a business, or assessed value of the property used by it.

(2) Notwithstanding sections 122, 123, 124, 125, 126 and subsection (1), a council may impose a minimum business tax on all individuals, partnerships, associations and corporations carrying on a business in the town.

1979 c33 s124; 1990 c45 s2

128. (1) The council may impose an annual tax, to be known as "the poll tax", of not less than $20 on

(a) a person 18 years of age or older who ordinarily lives in the town at the beginning of the financial year or at any time during the financial year or is employed in the town for a period of not less than 3 months in total during the financial year of the council; and

(b) an individual, a partnership, an association or a corporation who is not ordinarily resident in the town but owns real property in the town.

(2) The council may vary the amount of the poll tax in respect of non-residents of the town who fall within paragraph (1)(a).

(3) A person to whom paragraph (1)(a) refers who does not live in a town for the full current financial year is entitled to a rebate of the poll tax that the person has paid for the full year, the rebate to be in proportion to the duration of time that person is not resident.

(4) For the purpose of this section and section 129 the rules for determining persons who are ordinarily resident under Part V for election purposes under this Act apply.

(5) Notwithstanding section 129, the poll tax is payable by a person when he or she becomes liable under subsection (1).

1979 c33 s125; 1987 c13 s9

129. (1) A person referred to in subsection 128(1) who

(a) is liable to pay a real property tax in the town equal to or in excess of the poll tax in the same financial year; or

(b) is liable to pay

(i) a poll tax or real property tax in the municipality, or

(ii) a fee for the cost of services or supply to the local service district committee where the person ordinarily lives, except where he or she owns real property in the town that has imposed the poll tax

is exempt from the poll tax imposed by the town.

(2) Notwithstanding subsection (1), where real property in a town is owned by a husband and wife and 1 spouse has been designated as owner under subsection 111(2), that spouse is exempt for the purpose of paragraph 128(1)(a).

(3) Notwithstanding subsection (2), where a spouse designated as owner under subsection 111(2) received from the other spouse a contribution towards the payment of real property tax both spouses are exempt from 1/2 of the tax payable under paragraph 128(1)(a).

(4) Where a spouse is not exempt from poll tax because of subsection (5), there is presumptive evidence of contribution by that spouse towards the payment of real property tax for the purpose of subsection (3).

(5) A persons whose income from all sources is less than the basic personal exemption provided for under the Income Tax Act (Canada) is exempt from the poll tax, upon application to the council.

(6) For the purpose of subsection (5), income in the form of a pension under the Old Age Security Act (Canada) and pensions and allowances as may be prescribed by the Lieutenant-Governor in Council shall be considered not to be income.

1979 c33 s126; 1980 c43 s3; 1983 c23 s15;
1984 c18 s7; 1990 c62 s17

130. (1) An employer in a town shall, on demand of the council, deliver to the council within 2 weeks of the demand the names of its employees and the dates on which their employment began.

(2) Where a person resident in a town is asked by the council of the town the name of his or her employer, that person shall immediately give the information to the council.

(3) An employer not referred to in subsection (1) shall, on demand of a council in relation to an individual the council shall name, deliver to the council within 2 weeks of the demand, the fact of whether or not the individual is employed by the employer, and if so, the dates on which the employment began.

(4) Where a person has been employed in a town for not less than 3 months in a financial year of the council, or where a person is ordinarily resident in the town and the council so demands, his or her employer, whether in or outside a town, shall deduct the poll tax for the current year from that person's wages and shall forward the tax collected immediately to the council, unless the employee who is exempt from payment of the poll tax obtains a certificate from the town clerk to that effect.

(5) The Crown or an agency of the Crown who employs a person subject to the payment of a poll tax shall deduct the poll tax for the current year from that person's wages and shall forward the tax collected to the council within the time limit specified by the council, unless the employee who is exempt from payment of the poll tax obtains a certificate from the town clerk to that effect.

1979 c33 s127; 1982 c55 s18; 1983 c23 s15

131. (1) The council of a town served by a water system, sewage system, or water and sewage system, shall impose a tax to be known as "the water and sewage tax" upon the owner of real property located inside or outside the town connected to the system.

(2) Where real property that is capable of being serviced by a water system, sewage system or water and sewage system is not serviced the owner of the property,

(a) in the case where there is a building on the property that is occupied and, by virtue of the use to which the building is put, would ordinarily be provided with water and sewage services, shall pay the water and sewage tax; and

(b) in the case where there is no building on the property shall, on the request of the council of the town in which the property is situate, pay the water and sewage tax.

(3) Notwithstanding subsection (2), where a person liable for a tax under this section indicates to a council that

(a) a building on the property does not require a water system, sewage system or water and sewage system; or

(b) the property is vacant and without a building

the council may exempt the person from the tax for a period which the council considers appropriate.

1979 c33 s128; 1982 c55 s19; 1987 c13 s10;
1990 c45 s3

132. (1) Where the real property tax is imposed in the town the water and sewage tax shall be set

(a) in the case of private buildings or property on which there is no building,

(i) at a flat rate not exceeding $100 in addition to the mill rate that may be determined by council, or

(ii) at a mill rate that may be determined by council, or

(iii) at a flat rate or metered rate,

and the type of rate may differ in respect of different classes of private buildings in the town;

(b) in the case of public buildings normally in full-time use that have an assessed value equal to or greater than $1,000,000, at a prescribed metered rate that the minister may approve;

(c) in the case of public buildings normally in full-time use that have an assessed value of less than $1,000,000, at the prescribed rate related to the occupancy of the building that the minister may approve; and

(d) in the case of public buildings that are not normally used full-time, at the prescribed rates related to the occupancy of the building and the type of public building the minister may approve.

(2) Where the real property tax has not been imposed in the town the water and sewage tax shall be a fixed rate but the council may fix different rates in respect of different classes of real property.

(3) Where the water and sewage tax is set at a metered rate and there is no meter installed or working in relation to a building to which a metered rate applies, the council may for the purpose of imposing the tax estimate the quantity of water used in that building until a meter is installed and working.

(4) Where the council estimates the quantity of water used in a building under subsection (3) and the person who is liable for the water and sewage tax calculated on that estimate feels the estimate is incorrect, that person may appeal to the council for an adjustment in the estimate.

(5) Notwithstanding that a person appeals an estimate under subsection (4), that person shall pay the water and sewage tax as calculated on the estimate of the quantity of water used and an adjustment on the payment of tax shall be made in accordance with the appeal decision.

1979 c33 s129; 1980 c43 s4; 1981 c48 s6;
1987 c13 s11

133. In addition to the tax paid under section 131, the council may impose an additional rate of tax on users, other than residential users of a water system, sewage system or a water and sewage system, based on the quantity and quality of water used and effluent discharged.

1979 c33 s130

134. (1) In addition to other remedies that the council has to enforce payment of tax imposed under this Act, the council may disconnect the service provided by a water system, sewage system or water and sewage system where the tax is in arrears.

(2) Where it is necessary for the purpose of subsection (1), any of the employees or agents of the council may enter upon real property, whether publicly or privately owned, and at reasonable times enter into any of the buildings or structures on that real property.

1979 c33 s131

135. (1) The council, on a vote of 2/3 of the councillors in office, may grant an exemption, remission or deferment of taxes and interest on the taxes, either in whole or in part for those periods of time that the council decides.

(2) Where an individual applies for an exemption, remission or deferment, he or she shall apply annually and shall provide evidence of need satisfactory to the council.

1979 c33 s132

136. All taxes imposed under this Part, together with interest owing on those taxes, may, in addition to all other methods of collection provided in this Part, be sued for and collected by action in the name of the council as a civil debt due to the council.

1988 c54 s16

137. (1) The real property tax attaches to the real property in respect of which it is imposed, except where the real property is sold for tax arrears by the council, for a period not exceeding 6 years from the date it was due.

(2) Where a debtor to the council for taxes holds real property under a building lease and the real property reverts to the ground landlord by any means other than by the expiry of the term of years created by the lease, all taxes payable by the tenant unpaid or accrued due to the council attach upon the real property in the hands of the landlord up to the value of the tenant's interest in the real property.

(3) The lien described under subsection (1) is considered to be a 1st mortgage on the real property ranking in priority to all other encumbrances on the real property and the council may proceed to discharge the lien by foreclosure or by sale under the Conveyancing Act.

(4) Real property that is occupied for full-time residential purposes by the owner, not including a person considered to be an owner under section 115, shall not be sold for tax arrears by the council so long as it is so occupied.

1979 c33 s134; 1981 c48 s7

138. The town clerk shall, on payment of a fee set by the council, give a tax certificate to the owner or mortgagee of real property or his or her solicitor certifying the tax position of the property and other charges imposed by the council on the real property and that tax certificate is binding upon the council as to all taxes and other charges then imposed with respect to the real property.

1979 c33 s135

139. It shall be considered to be a condition of all mortgages of real property within the town that the mortgagee may pay money owing to the council and unpaid in respect of the mortgaged property and add the money to his or her security, notwithstanding a clause or condition to the contrary contained in such a mortgage.

1979 c33 s136

140. In addition to all other powers of enforcing payment of taxes that a council possesses, it may seize so much of the rentals payable by tenants of real property that is subject to the real property tax, business tax or water and sewage tax that may be needed to discharge the liability of the owners of that real property for the tax due by the owners to the council whether or not the taxes are in respect of the real property occupied by the tenants.

1979 c33 s137

141. (1) The town clerk shall serve, on a tenant referred to in section 140, a written notice signed by the town clerk requiring the tenant to pay his or her rent to the council instead of to that tenant's landlord.

(2) The town clerk shall deliver or mail to the landlord a duplicate copy of the notice served under subsection (1), on or before the date of service of the notice on the tenant.

1979 c33 s138

142. (1) The tenant shall, from the date on which he or she receives the notice under section 141, until the town clerk cancels the notice in writing, pay his or her rent to the council, or so much of it as the town clerk specifies in the notice, and a receipt signed by the town clerk is to the extent of the payment a good discharge to the tenant as against a claim by his or her landlord for rent.

(2) The town clerk shall deliver or mail to the landlord a duplicate copy of a receipt given to a tenant under subsection (1).

(3) The town clerk shall credit against the indebtedness of the landlord to the council, payments made by tenants under subsection (1), and the council is not obliged to release the tenant from liability to continue making payments to the council under that subsection, until the landlord's liability has been completely discharged.

1979 c33 s139

143. A council may, but is not obliged to, distrain on a tenant's chattels for rent in arrears, and where the council refuses to distrain the landlord may do so, upon giving security to the satisfaction of the council for payment to it of the proceeds of the distress or so much of the proceeds as is required to discharge the liability of the landlord to the council for the taxes referred to in section 140.

1979 c33 s140

144. (1) A person who fails

(a) to pay a tax that he or she is liable to pay in accordance with this Part; or

(b) to collect and pay to the council a tax that he or she is directed to collect and pay over by this Part

is guilty of an offence and liable on summary conviction to a fine of not less than $25 and each day's continuance of that failure constitutes a separate offence.

(2) Sections 736 and 737 of the Criminal Code shall not be applied in disposing of a prosecution for an offence under this section or imposing punishment for such an offence.

(3) Where a person has been convicted under paragraph (1)(a) for failing to pay a tax, the court shall, when imposing sentence, also order that person to pay the amount of the tax.

1979 c33 s141; 1979 c35 s34(2)

145. Where real property is directly benefited by a public work of the council, including

(a) the construction of water and sewer lines, or either of them, or storm systems and the service connections of storm systems; or

(b) the construction of curbs, gutters, sidewalks, or streets or the upgrading or paving of streets,

the council may assess the cost, or a portion of the cost, together with financing charges, to be known as "the local improvement assessment", upon that real property.

1979 c33 s142

146. (1) Local improvement assessments made under section 145 shall be assessed according to the frontage of the real property abutting the streets directly benefited by the public work.

(2) The amount of the local improvement assessment against each portion of real property shall bear the same ratio to the total cost of the public work, together with financing charges, that the frontage of that portion bears to the total of the frontages to be assessed.

(3) Where the portion of real property to be assessed is a corner lot or an irregularly shaped lot the council may consider the length of frontage for local improvement assessment purposes to be more or less than the actual frontage directly benefited by the public work.

1979 c33 s143

147. The council may defer the payment of all or a portion of the payment of a local improvement assessment on productive agriculture land while that land continues to be used for these purposes.

1979 c33 s144

148. Where a council decides to impose a local improvement assessment under section 145 it shall, afterward, impose an assessment on other portions of real property similarly benefited by a public work of the council.

1979 c33 s145

149. (1) A local improvement assessment shall be paid to the council over a period of time not to exceed 20 years, in those instalments, and at the rate of interest that the council may decide as a general policy is applicable to all residents of the town.

(2) A rate of interest prescribed under subsection (1) may be set in relation to the prime rate of interest charged by chartered banks but it shall not be less than the rate of interest charged to the municipality at the time.

(3) Where there are arrears in instalments of a local improvement assessment all instalments then become due and are considered to be in arrears.

1979 c33 s146

150. (1) Arrears in instalments of a local improvement assessment attach to the real property assessed for a period not exceeding 6 years from the date they become or are considered to be in arrears, except where the real property is sold for taxes or arrears in an assessment or service levy.

(2) The lien described in subsection (1) is considered to be a 1st mortgage on the real property ranking in priority to all other encumbrances on the real property and the council may proceed to discharge the lien by foreclosure or by sale under the Conveyancing Act.

1979 c33 s147

151. Where real property is made capable of being developed, or the density of that potential development is increased, by a public work, on or off the real property, of the council designed to develop municipal services or expand the capacity of municipal services, or where the value of a real property is enhanced by an action of the council, the council may impose a charge to be known as "the service levy" on that real property.

1979 c33 s148

152. A service levy shall not exceed the cost, or estimated cost, including finance charges to the town of constructing or improving the public works referred to in section 151 that are necessary for the real property to be developed in accordance with the standards required by the council and permitted on that real property.

1979 c33 s149

153. A service levy shall be assessed on the real property based on

(a) the amount of real property benefited by the public work related to all the real property so benefited; and

(b) the density of development made capable or increased by the public work.

1979 c33 s150

154. A service levy shall be paid by the owner of the real property

(a) at the time the levy is imposed;

(b) at the time development of the real property begins;

(d) at another time that the council may decide.

1979 c33 s151

155. (1) A service levy attaches to the real property in respect of which it has been made for a period not exceeding 6 years from the date when it was due except where the real property is sold for taxes, arrears in an assessment, or arrears of a service levy.

1979 c33 s152

156. Arrears of instalments of a local improvement assessment, or arrears in a service levy may be collected in addition to the other methods of collection provided for in this Act by action in the name of the council as a civil debt due to the council.

1979 c33 s153

DIVISION F - SERVICES
Back to Top Water and sewage systems

157. (1) The council may, subject to the Department of Environment and Lands Act and regulations made under that Act, construct, acquire, establish, own and operate

(a) a public water supply system for the distribution of water within or, with the approval of the minister, outside of the town;

(b) a public sewage system, either independently of or in conjunction with a public water supply system, for the collection and disposal of sewage within or, with the approval of the minister, outside of the town; and

(2) For the purpose of subsection (1) the council may

(a) acquire waters required for the purpose of providing a sufficient supply of water for the town; and

(b) acquire by purchase or expropriation lands adjacent to those waters to prevent pollution of those waters.

(3) For the purpose of exercising its powers under subsection (1) the council may lay out, excavate, dig, make, build, maintain, repair and improve all drains, sewers, and water supply pipes that the council considers necessary.

1979 c33 s154; 1988 c54 s16; 1990 c45 s4

158. (1) The council may acquire and take possession of a drain, sewer, or water supply pipes, machinery and plant constructed by a person, upon those terms as to compensation to a person having an interest or right as owner or otherwise in the drain, sewer, or water supply pipes, machinery or plant that may be agreed between the council and that person.

(2) Where an agreement cannot be made under subsection (1) the compensation shall be determined and paid in accordance with the expropriation provisions of this Act.

1979 c33 s155

159. Employees or agents of the council authorized by the council may enter upon all real property and at reasonable times into the buildings and structures on real property, whether publicly or privately owned, to do all things necessary for the purpose of making surveys or examinations or obtaining information relative to the construction, alteration, repair, maintenance or inspection of a water supply system, sewage system, storm drainage system or other works that the council is empowered to undertake or to control in the town.

1979 c33 s156

160. Employees or agents of the council may enter upon all real property, whether publicly or privately owned, and at reasonable times enter into the buildings or structures on real property for the purpose of carrying into effect the work and system of water supply, sewage and storm drainage or other works that the council is empowered to undertake or control in the town.

1979 c33 s157

161. (1) The council may

(a) break up, dig, excavate and open up roads, or real property, whether publicly or privately owned as may be necessary to operate, construct, maintain, repair or improve a system described in section 157;

(b) pass and repass and carry material over roads or real property described in paragraph (a); and

(c) lay down pipes, drains and other components of systems described in section 157 upon or in the lands described in paragraph (a).

(2) Notwithstanding subsection (1), the council shall not enter upon, break up or otherwise interfere with a main or secondary highway without the written consent of the Minister of Works, Services and Transportation.

1979 c33 s158

162. Before engaging in an activity authorized by section 160 or 161 on private property a council shall give the owner of the property reasonable notice that it intends to engage in that activity.

1987 c13 s12

163. (1) Subject to the Department of Environment and Lands Act and regulations made under that Act, the council may alter or divert a watercourse, whether publicly or privately owned, within the town for the purpose of improvement of a watercourse or of the water supply or of the removal of the sewage of the town or for storm drainage purposes, or for the purpose of carrying out a development, and may remove impure or offensive soil, lay pipes, construct drains, grade surrounding land, change the directions of or fill up the watercourse, as the council considers necessary.

(2) The council may for the purpose of subsection (1) enter upon all lands within the town and dig and excavate upon those lands and go under all buildings and structures that may be erected on the lands, and may require the owner or occupier of all buildings and structures upon those lands to make alterations in the walls, cellars and other portions of the buildings and structures that may be necessary for those purposes.

1979 c33 s159; 1990 c45 s5

164. The council shall compensate a person injuriously affected by anything done under sections 160 to 163 in a sum that may be agreed, and where an agreement cannot be made, the compensation shall be determined and paid in accordance with the expropriation provisions of this Act as if the injurious affection had been caused by expropriation.

1979 c33 s160

165. (1) The council may make regulations respecting the control and management of the water and sewage systems, or either of them, and storm drainage systems and the water catchment area and may make regulations

(a) in accordance with the Department of Environment and Lands Act and regulations made under that Act to prevent the pollution of waters, within or outside the town, used by or in the possession of the council for the provision of the town water supply or necessary for the future use of the town, and may make regulations prohibiting, restricting or making subject to the approval of the council

(i) the cutting of timber, or

(ii) the erection or establishment of a building, structure or work

on, in, over or under land or water within the water catchment area providing the town water supply, whether the watershed is wholly or partially within or outside the boundaries of the town;

(b) prescribing the specifications and quality of materials to be used to connect drains, sewers and water supply pipes to a building;

(d) requiring the owner or occupier, or both, of a building or part of a building that is within the boundaries of the town and within 60 metres, or the greater distance that may be prescribed in the regulations, of a public water supply system or a public sewage system to connect the building or other premises or part of the building or other premises to the system;

(e) providing that the connection of a building or part of the building to a public water supply system, a public sewage system or a storm drainage system in accordance with regulations made under paragraph (d) shall be done wholly or partly at the expense of the council or the owner or occupier of the building or part of the building or partly at the expense of both;

(f) prohibiting the connecting of sewers, drains and water supply pipes to a building by a person other than an employee of or other person engaged by the council for the purpose;

(g) prescribing the conditions under which the council will permit a person other than an employee of or other person engaged by the council to connect drains, sewers and water supply pipes to a building;

(h) respecting the fixing, collecting, holding and repayment, with or without interest, by the council of deposits to be paid, in an amount in the discretion of the council, by the owner or occupier of a building to which water supply pipes, drainage pipes or sewage pipes are connected; and

(i) fixing the charges that the council may make for services it provides or performs for the purpose of connecting sewers, drains or water supply pipes to a building and fixing different charges in respect of different buildings or classes of buildings or in respect of different parts or the same part of an area serviced by the sewers, drains and water supply pipes.

(2) Regulations made under paragraph (1)(a) do not apply outside the town unless they are approved by the minister.

1979 c33 s161; 1990 c45 s6

166. (1) The ownership, management and control of all public roads, sidewalks and bridges in the town, except highways classified and designated by the Department of Works, Services and Transportation, and the bridges on the highways, are vested in the council.

(2) Where a council is established to govern an area that was a townsite or other area owned by a company, all roads, sidewalks and bridges are considered to be public except those specifically retained by the company, by written designation to the council, that are necessary to the company's operations.

1979 c33 s162

167. A privately constructed road constructed with the approval of the council that is to be used by the public shall be taken over by the council as a public road, without compensation, upon the council being satisfied that the road has been brought up to a standard satisfactory to the council and may reasonably be regarded as necessary for public use.

1979 c33 s163

168. The council may construct public roads, sidewalks and bridges and improve, realign, alter the level of, and repair existing public roads, sidewalks and bridges.

1979 c33 s164

169. The council may order the closing of a public road, sidewalk or bridge either temporarily, in order to effect repairs or to prevent damage to the road, sidewalk or bridge, or permanently, where the council considers it necessary to do so.

1979 c33 s165

170. A person shall not open or make a new road designed for public use through privately owned land in the town except with the prior written approval of the council and in accordance with conditions and specifications imposed by the council in its approval.

1979 c33 s166

171. A person shall not break up the surface of a public road, sidewalk or bridge or erect or place a structure or erection in, on or under 1 of them without the prior written approval of the council and in accordance with conditions imposed by the council in its approval.

1979 c33 s167

172. The council may, by resolution, establish street reservations, road improvement lines, road lines and building lines to existing and proposed roads and sidewalks.

1979 c33 s168

173. The council may acquire, by agreement or expropriation, real property contained within street reservations, road improvement lines and road lines.

1979 c33 s169

174. (1) The council may order the removal of a fence, building, steps, erections or other object that projects into or over land reserved for a public road or sidewalk.

(2) The owner of a projection set out in subsection (1) that has been placed into or over a reservation after it has been designated by the council, without the written approval of the council, shall pay the cost of that removal.

(3) Where the projection has been placed into or over a reservation before it has been designated or with the approval of the council, the council shall pay the cost of removal and shall compensate the owner in an amount to be agreed for the loss of his or her property, or where an agreement cannot be reached, in an amount determined as if it were an expropriation under this Act.

1979 c33 s170

175. The council may acquire, by agreement or expropriation, real property necessary for parking lots, and may establish and construct parking lots and regulate those parking lots and charge for their use in an amount that the council decides.

1979 c33 s171

176. The council may provide street and area lighting within the town and may enter into agreements with a person to provide that lighting.

1979 c33 s172

177. The council may name and mark all roads within the town and may provide for the numbering of all buildings on the roads.

1979 c33 s173

178. (1) Where a vehicle

(a) is standing upon a public road, sidewalk or bridge in such a position that it may

(i) interfere with pedestrian or vehicular traffic,

(ii) constitute a hindrance to the maintenance, repair or improvement of the road, sidewalk or bridge,

(iii) hinder or impede the ploughing of or removal of snow or ice from the road, sidewalk or bridge, or

(iv) hinder or impede the carrying out of an undertaking of the council; or

(b) has been apparently abandoned upon a public road, sidewalk or bridge for longer than 24 hours,

a person authorized for the purpose by the council may remove the vehicle to a place selected by the authorized person.

(2) Before the return of the vehicle to its owner, the owner shall pay the costs of its removal and storage as determined by the council and where those costs are not paid by the owner, the council may sell the vehicle on public auction to satisfy those costs upon notice to the owner.

(3) A sale under subsection (2) vests clear title to the purchaser free from all encumbrances and residual amounts received over and above the costs of its removal, storage and sale shall be paid over to the owner or to a person who satisfies the council that he or she has a prior encumbrance.

1979 c33 s174

179. (1) A structure, object or vehicle, other than a vehicle licensed under the Highway Traffic Act shall not move over a public road or bridge without the written consent of the council.

(2) Notwithstanding subsection (1), a vehicle that is propelled over tracks or other device, other than tires, shall not move over a public road or bridge without the written consent of the council.

(3) The council may set out conditions with respect to permits issued under this section and may establish a scale of fees for those permits.

1979 c33 s175

180. The council may make regulations

(a) prescribing the height and construction of fences and requiring the owner or occupier of a lot abutting on a public road within the town to fence the lot and to keep and maintain the fence in repair to the satisfaction of the council;

(b) prohibiting or controlling, subject to rights existing at the coming into force of the regulations, the erection, maintenance and use upon or near public roads, sidewalks and bridges of telephone and electricity poles, signs and other objects and requiring their removal from one place to another; the removal to be at the expense of the owner unless the location in that one place had been approved by council;

(i) coasting, skating or sliding on snow or ice on the public roads, bridges or sidewalks,

(ii) the riding of bicycles on sidewalks,

(iii) the riding or driving of children's wagons, push carts, skateboards, tricycles and other similar objects on public roads or sidewalks, and

(iv) the operation of recreational and other vehicles not licensed under the Highway Traffic Act on public roads, bridges or sidewalks;

(d) prohibiting or controlling vehicular or pedestrian access onto or over a public road or bridge; and

(e) protecting and preventing injury to public roads, bridges and sidewalks, and trees, plants and structures contained within the road reservation, and providing for the cleaning and removal of foreign matter from these public roads, bridges and sidewalks.

1979 c33 s176

181. The council may make regulations in accordance with sections 214 and 215 of the Highway Traffic Act.

1979 c33 s177

182. (1) The council may acquire or establish parks, stadiums and other recreational facilities within the town, and subject to the approval of the minister, outside the town.

(2) The council may make regulations for the use, protection and operation of recreational facilities acquired or established under subsection (1) and the fixing of charges for admission to and the use of these facilities.

1979 c33 s178

183. The council may make grants-in-aid or loans to a corporation or commission created for the purpose of providing parks, stadiums or other recreational facilities of benefit to the town, subject to the conditions which the council may prescribe.

1979 c33 s179

184. The council shall provide for the collection of solid waste within the town and for its disposal in a manner and in a place, either inside or outside the boundaries of the town, in accordance with the Waste Material Disposal Act and regulations made under that Act.

1979 c33 s180

185. (1) The council may charge a fee to a person who occupies real property, either as owner or tenant of the property, for the collection and disposal of solid waste and may vary these charges by class of premises or by volume of solid waste removed.

(2) For the purpose of subsection (1) a tenant does not include a lodger or a boarder.

(3) The council may exempt from payment of the fee imposed under subsection (1) persons who are subject to the poll tax or to the real property tax imposed with respect to the real property from which solid waste is removed.

1979 c33 s181; 1987 c13 s13

186. The council may order the removal from real property by the owner or occupier of solid waste, noxious substances and anything that poses a hazard to public health and safety or adversely effects the amenities of the surrounding property, or may remove that waste or substance and charge the owner or occupier of the real property for the costs of its collection and disposal.

1979 c33 s182

187. (1) The council may make regulations providing for

(a) the storage and the collection of solid waste;

(b) the prevention of littering;

(d) the operation of the disposal site, subject to the Waste Material Disposal Act and regulations made under that Act.

(2) A person who contravenes or fails to comply with a regulation made under paragraph (1)(b) is guilty of an offence and liable on summary conviction to

(a) a fine of $25 for a 1st offence;

(b) a fine of $50 for a 2nd offence; and

1979 c33 s183; 1990 c45 s7&8

188. The council may appoint 1 or more municipal enforcement officers to hold office during the pleasure of the council.

1979 c33 s184

189. A municipal enforcement officer has the powers of a member of the Royal Newfoundland Constabulary with respect to the enforcement of this Act with respect to the town.

1979 c33 s185; 1981 c79 s8

190. (1) The council may enter into agreements

(a) with the government of the province for the use of members of the Royal Newfoundland Constabulary; or

(b) subject to the approval of the Lieutenant-Governor in Council, with the Government of Canada for the use of members of the Royal Canadian Mounted Police

to perform the duties of a municipal enforcement officer.

(2) A member of a police force set out in subsection (1) has the powers and may exercise the duties of a municipal enforcement officer, where an agreement has been entered into under that subsection.

1979 c33 s186; 1981 c79 s8

191. The council may enter into an agreement with the government of the province for providing and maintaining a jail in the town and for maintaining and caring for prisoners.

1979 c33 s187

192. The council may establish, operate and maintain a town fire department composed entirely or partly of volunteer members, or of paid employees and acquire or provide a fire hall, fire alarm system, fire engines, hydrants and other apparatus and appliances for the purpose of fire fighting and the prevention of fire.

1979 c33 s188

193. (1) The council with the approval of the minister may make regulations with respect to the control and management of the town 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 town and the inspection of buildings in the town 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 National Fire Code of Canada or another code.

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

1979 c33 s189

194. (1) A copy of the National Fire Code of Canada or other code, and supplements and amendments to the code, signed by the minister, shall be kept on record in the department.

(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 193, 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 code, or an extract of the code, is, in the absence of evidence to the contrary, proof of the code.

1979 c33 s190

195. The council may enter into agreements with other municipalities, local service districts, or persons, for joint fire fighting.

1979 c33 s191

196. The officer in charge of a town fire department may attach and fix to a private or public building or structure, in a manner satisfactory to him or her, fire alarms, wires and fastenings that he or she considers necessary for carrying on the work of the department or staying the progress of or preventing fire.

1979 c33 s192

197. The officer in charge of a town fire department at a fire may, where he or she considers it necessary in order to extinguish or stay the progress of a fire, pull down or remove a private or public building or structure, or part of the building or structure.

1979 c33 s193

198. (1) The officers and members of a town 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 officer in charge of a town fire department at a fire may close all roads including a highway in the vicinity of a fire.

1979 c33 s194

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

(2) An action does not lie against an officer or member of the town 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).

1979 c33 s195

200. The officers or members of a fire department of another municipality, or person, that gives aid to the town fire department in fighting a fire are considered to be officers and members of the town fire department while they are giving that aid.

1979 c33 s196

201. (1) A person who obstructs an officer or member of a municipal fire department in the discharge of his or her duties or wilfully retards the passage of an 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 a town 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 other means is guilty of an offence.

1979 c33 s197

202. The council may establish and operate a public transportation system either on its own or through a commission established for that purpose, and may establish and charge fares for the use of the system.

1979 c33 s198

203. The council may enter into an agreement with a person, for a period not exceeding 10 years, granting to that person an exclusive right to establish and operate a public transportation system within the town, subject to rates for fares and other conditions that may be set out in the agreement.

1979 c33 s199

204. The council may erect, or authorize the erection of, public waiting areas for public transportation and may regulate the maintenance of the waiting areas.

1979 c33 s200

205. (1) The council may make regulations regulating taxis within the town, and may make regulations

(a) fixing the number of taxis in the town;

(b) requiring that the operators of taxis have a licence to operate in the town and fixing a fee to be paid for those licences;

(d) prescribing the inspection of taxis on an annual or other basis that the council may set out in the regulations;

(e) setting out standards for taxis; and

(f) authorizing and assigning stands for taxis, and the erection and maintenance of those stands.

(2) For the purpose of subsection (1), the word "taxis" includes other vehicles carrying passengers for a fare.

1979 c33 s201

206. The council may contribute towards the establishment, conduct and maintenance of a public library in the town, and may provide accommodation and other services to the library.

1979 c33 s202

207. The council may acquire, establish, own and operate a cemetery or crematorium and may, for that purpose, acquire land within or outside the boundaries of the town.

1979 c33 s203

208. The council may sell or lease the whole or part of property acquired under section 207 for the purpose of establishing a cemetery or crematorium, or for burial plots, under terms that the council may set out in the sale or lease.

1979 c33 s204

209. A cemetery or crematorium may not be established in the town except with the consent of the council.

1979 c33 s205

210. The council may, subject to the Department of Health Act and regulations made under that Act, make regulations controlling the location, development and maintenance of cemeteries and crematoriums.

1979 c33 s206

DIVISION G - CONTROLS
Back to Top Building

211. A person shall not within a town

(a) erect or start to erect a building;

(b) extend, repair, relocate or demolish an existing building;

(d) occupy a building that has been vacant for a period of 6 months or more or a newly constructed building,

except in accordance with a written permit from the council.

1979 c33 s207

212. (1) The council shall make regulations controlling the design, construction, alteration, reconstruction, minimum lot size and occupancy of buildings, and classes of buildings and the demolition, removal, relocation and maintenance of the buildings, and shall submit those regulations for the approval of the minister.

(2) In making regulations under subsection (1) the council may adopt the whole or a portion of the National Building Code of Canada or another code, with or without modification, and supplements or amendments to the code.

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

1979 c33 s208; 1982 c55 s20

213. (1) A copy of the National Building Code of Canada or other code, and supplements and amendments to the code, signed by the minister, shall be kept on record in the department.

(2) The copy of the National Building 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 212, 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 Building 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 Building Code of Canada or other code or a supplement or amendment or extract of it is, in the absence of evidence to the contrary, proof of the code.

1979 c33 s209

214. (1) Where

(a) a building has been erected, or started to be erected;

(b) an existing building is repaired or an extension added to the building; or

(c) the use of an existing building is changed other than in accordance with the terms of a permit issued by the council and the building regulations adopted by council,

the council may order the owner or builder to stop construction, pull down, remove, fill in or otherwise destroy the building and restore the site to its original state, or make the disposition or alteration of the building that the order directs, within the time specified in the order.

(2) Where a building is in a dilapidated state, or is, in the opinion of the council, unfit for human habitation, or the other use for which it is then being used , or is a public nuisance, the council may order the owner or occupier to pull down, remove, fill in or otherwise destroy the building and return the site to its original state, or make the disposition or alteration of the building that the order directs, within the time specified in the order.

(3) An order made under this section shall be signed by the town clerk and shall be served upon the owner or builder of the building either personally or by certified mail, or by posting the notice on the building, where the owner or builder is not known.

1979 c33 s210

215. (1) Where an order made under section 214 is not complied with within the time set out in the order, and a period of 14 days has passed from the time of service or posting of the notice, and an appeal has not been started, heard or otherwise disposed of under section 216, the council may itself carry out the order through its employees or agents and may recover the cost as a civil debt from the person on whom the order was served.

(2) A person on whom an order made under section 214 has been served who refuses or fails to comply with the order is guilty of an offence and liable on summary conviction to a fine of not less than $25 for every day of refusal or failure to comply, and in default of payment to a period of imprisonment not exceeding 3 weeks.

1979 c33 s211

216. (1) A person who feels aggrieved by an order made under section 214 may, within 14 days of the service or posting of the order, appeal to the appropriate regional appeal board established under the Urban and Rural Planning Act and the board may make an order with respect to the matter that appears just.

(2) Where an appeal has been started under subsection (1) the council shall not begin to carry out its order under section 214 until the appeal has been heard or otherwise disposed of.

(3) Notwithstanding subsection (2), a stop construction order remains in full effect and is subject to a penalty for a contravention under subsection 215(2).

(4) Notwithstanding subsection (2), where a building poses an immediate threat to public health and safety the council may take the steps it considers necessary to eliminate that threat and may collect the costs from the owner.

1979 c33 s212

217. (1) A person shall not within a town

(a) construct a privy or sewer system, septic tank, or sewer; or

(b) make or use a new water supply or system

except in accordance with a written permit from the council.

(2) The council shall not approve a permit under subsection (1) without the approval of an officer of government designated by government for that purpose.

1979 c33 s213

218. The council shall make regulations

(a) controlling the construction, location, use and maintenance of privies, sewer systems, septic tanks, and sewers;

(b) governing the digging, drilling, use and construction of wells and water supply systems; and

and shall submit those regulations for the approval of the minister.

1979 c33 s214

219. Where

(a) a privy, septic tank, sewer, sewer system, well or water system has been constructed without a permit under section 219 or not in accordance with the terms of the permit or the regulations; or

(b) a privy, septic tank, sewer and sewer system or well and water system is located or constructed so that it poses or is actually a danger to public health

the council may order the owner or occupier of the property to stop construction, fill in, remove or alter it within the time specified in the order.

1979 c33 s215

220. An order made under section 219 shall be served, may be enforced, and is subject to the same penalty for non-compliance, and may be appealed against in the same manner as an order made with respect to a building under section 214.

1979 c33 s216

221. A person shall not within a town

(a) dig or construct ditches, drains or culverts;

(b) make greater use of existing ditches, drains or culverts; or

except under and in accordance with a written permit from the council.

1979 c33 s217

222. The council may with the approval of the minister, make regulations with respect to storm drainage.

1979 c33 s218

223. The council may order the stopping of construction, filling in or removal of a ditch, drain or culvert, or connection to a storm drainage system constructed or made without a permit or not in accordance with the terms of a permit, or the regulations.

1979 c33 s219

224. An order made under section 223 shall be served, may be enforced, is subject to the same penalty for non-compliance, and may be appealed against in the same manner as an order made with respect to a building under section 214.

1979 c33 s220

225. A person shall not, within a town, erect a sign except in accordance with the terms of a licence issued by the council.

1979 c33 s221

226. The council may make regulations with respect to the use, size, illumination, erection and maintenance of signs.

1979 c33 s222

227. The council may order the stopping of construction, removal or repair of a sign erected without a licence, or not in accordance with the terms of a licence, or the regulations.

1979 c33 s223

228. An order made under section 227 shall be served, may be enforced, is subject to the same penalty for non-compliance, and may be appealed against in the same manner as an order made with respect to a building under section 214.

1979 c33 s224

229. A person shall not within a town operate or construct a car park except under and in accordance with a written permit from the council.

1979 c33 s225

230. The council may make regulations

(a) governing car parks; and

(b) controlling or prohibiting the parking of commercial vehicles on land adjacent to a building used for residential purposes.

1979 c33 s226

231. The council may order the owner or occupier of a car park constructed or operated without a permit or not in accordance with the terms of a permit, to stop operations, return the property to its original state or maintain it.

1979 c33 s227

232. An order made under section 231 shall be served, may be enforced, is subject to the same penalty for non-compliance, and may be appealed against in the same manner as an order made with respect to a building under section 214.

1979 c33 s228

233. (1) The council may make regulations controlling or prohibiting the use of a vehicle or stand for the sale of food or goods and may require permits for that sale.

(2) Regulations made under subsection (1) apply to a vehicle whether it is self-moving or drawn by another vehicle or person, or is temporarily or permanently stationary.

1979 c33 s229

234. The council may order the removal of a vehicle or stand used or located without a permit under section 233.

1979 c33 s230

235. An order made under section 234 shall be served, may be enforced, is subject to the same penalty for non-compliance, and may be appealed against in the same manner as an order made with respect to a building under section 214.

1979 c33 s231

236. (1) Subject to an exemption order by the Minister of Employment and Labour Relations under the Shops Closing Act, the council may make regulations

(a) respecting the closing of shops for the serving of customers on holidays within the meaning of that Act;

(b) prescribing the days or hours or both during which shops in the town may be open for the serving of customers or shall be closed;

(d) regulating the delivery of goods from shops after the closing hours of those shops;

(e) providing for the opening of shops for the serving of customers under exceptional circumstances; and

(f) defining the class or kind of shops to which the regulations apply or that are exempt from the regulations.

(2) Different regulations may be made under this section

(a) in respect of shops generally;

(b) in respect of some or different classes of shops at different times of the year or under different circumstances; or

(c) in respect of shops carrying on those businesses or trades or classes of businesses or trades that may be specified in the regulations.

(3) In this section the word "shop" means the part of a premises or a place in which a wholesale or retail trade or business is carried on.

1979 c33 s232

237. The council may make regulations respecting

(a) the method of the display for sale or rental in shops of pornographic books, magazines, films or other pornographic reading or viewing material;

(b) the entrance of minors into shops whose primary purpose is the sale or rental of material referred to in paragraph (a); and

1985 c12 s3

238. (1) The council may make regulations prescribing the hours during which children below the age set out in the regulations are permitted on a public road, park or in a place of amusement or public assembly, whether alone or in the company of a parent, guardian or other adult.

(2) In making regulations under subsection (1) the council may make different regulations with respect to children of different ages.

1979 c33 s233

239. The council may make regulations

(a) restricting and controlling the running at large or keeping of animals other than dogs;

(b) providing for the seizure and impounding of animals found at large or kept contrary to the regulations;

(d) providing that an impounded animal may be sold, destroyed or otherwise disposed of if it is not claimed and the impounding fee paid in the time set out in the regulations.

1979 c33 s234

240. The council may make regulations

(a) providing for the licensing and registration of dogs within the town and the renewal of licences and the period of validity of the licences;

(b) prescribing the form of licences and the kind of licence tags to be issued with the licences;

(d) providing for the appointment of licensing officers in the town;

(e) prescribing the allowance to be paid to licensing officers for licensing dogs and collecting and forwarding the fees to the town and providing for the payment to licensing officers of the cost to them of remitting the fees in addition to an allowance;

(f) providing for the impounding of dogs running at large, prescribing impounding fees to be charged for impounding and providing that a dog may be sold, destroyed or otherwise disposed of if it is not claimed within the time fixed in the regulations;

(g) prohibiting, restricting or regulating the roaming at large of dogs;

(h) providing for the seizure and destruction of diseased dogs found at large; and

(i) prescribing fines for the non-compliance or contravention of regulations made under this section.

1979 c33 s235

241. A person shall not operate within a town a place of entertainment except in accordance with the terms of a licence from the council.

1979 c33 s236

242. The council may make regulations with respect to the use, operation and location of places of entertainment subject to regulations made under this Act and the Liquor Control Act.

1979 c33 s237; 1982 c55 s21

243. The council may order that a place of entertainment operating without a licence, or not in accordance with the terms of a licence, or the regulations, comply with the regulations or stop operating.

1979 c33 s238

244. An order made under section 243 shall be served, may be enforced, is subject to the same penalty for non-compliance, and may be appealed against in the same manner as an order made with respect to a building under section 214.

1979 c33 s239

245. The phrase "place of entertainment" used in sections 241 to 243 includes a theatre, cinema, amusement premises, concert hall, pool hall, circus, race course, baseball park, athletic ground, fair ground, skating rink, dance hall, a place where there are coin operated games or a hotel, restaurant, club or cafe in which facilities are supplied for and used by the public for dancing or other forms of entertainment and other places that the council may declare to be places of entertainment.

1979 c33 s240

246. The council may make regulations with respect to the operation of bicycles within the town and may provide that bicycles be licensed.

1979 c33 s241

247. The council may make regulations prohibiting or controlling the time of operation and the operation in general of recreational vehicles within the town and may provide that they be licensed.

1979 c33 s242

248. The council may, by regulation, designate real property as heritage buildings, structures or lands.

1979 c33 s243

249. Heritage buildings, structures or lands shall not be demolished or built upon nor the exterior of the building or structure altered, except under a permit of the council specifically authorizing the alteration and in accordance with the terms and conditions of the permit.

1979 c33 s244

250. The council may establish a heritage advisory committee to advise the council on regulations made under section 248 and the preservation of the real property designated under that section.

1979 c33 s245

251. The council may order the removal of a building or structure built without a permit under section 249 or the restoration of the exterior of a heritage building or structure altered other than in accordance with the terms and conditions of the permit.

1979 c33 s246

252. An order made under section 251 shall be served, may be enforced, is subject to the same penalty for non-compliance, and may be appealed against in the same manner as an order made with respect to a building under section 214.

1979 c33 s247

253. (1) In this section

(a) "board" means a board of management of a designated business improvement area established by a council under this section;

(b) "business improvement area" means a commercial area of a municipality which, in the opinion of a council and in the interest of that council requires improvement, beautification or maintenance and which has been designated as such under this section; and

(2) A council may make regulations to declare and designate business improvement areas within a municipality.

(3) A council shall before designating a business improvement area give notice of the intended regulations to all persons, groups, businesses, organizations and companies within the proposed business improvement area which have been assessed for business tax in the last revised assessment roll of the municipality.

(4) A council shall not designate a business improvement area where within 30 days of giving notice, 1/3 of those entitled to notice under subsection (3) and representing 1/3 of the assessed business tax in the proposed business improvement area give written notice to the clerk of the objections to the designation of a business improvement area.

(5) Where a council designates a business improvement area under subsection (2), it shall appoint annually a board of management which shall be responsible for the management of that business improvement area.

(6) The objects of a board shall be to

(a) promote a business improvement area as a place for retail and commercial activity;

(b) help in carrying out the improvement, enhancement, beautification and maintenance of municipal or public lands in the business improvement area; and

(7) A board shall

(a) be responsible to the council in carrying out the powers, functions and duties conferred by this section;

(b) report to the council on the activities of the board at those times and in the manner that the council may prescribe;

(c) annually, prepare for approval and submission to the council at a time and in a form prescribed by the council a budget indicating its proposed annual expenditures of funds;

(d) make available to the council all books, documents, transactions, minutes and accounts of the board; and

(e) do all other things necessary or incidental to the carrying out of the objects of the board.

(8) A board may make grants to persons within a business improvement area or to an organization whose sole purpose is promoting that business improvement area as a place for retail or commercial activity for the carrying out of the objects and purposes of this section.

(9) A council may

(a) in order to provide revenue to a board for annual operating and other expenses, impose an annual surcharge no greater than 10% of the business tax imposed on persons carrying on a business, trade or profession within a business improvement area;

(b) impose different rates of surcharge for different business improvement areas; and

(i) consist only of funds raised as provided in paragraph (a) and subsection (10),

(ii) remain the property of the municipality,

(iii) form part of the general revenue of the municipality,

(iv) be paid out by the municipal treasurer on requisition by a board for its annual operating budget, and

(v) be spent only for the purpose of the business improvement area for which they were collected.

(10) Nothing in subsection (9) shall preclude a board from obtaining revenue through fund raising, grants or gifts which funds shall also form part of the general revenue of the municipality.

(11) A surcharge or business tax collected and imposed by subsection (9) shall be subject to the Assessment Act.

(12) The council may make regulations

(a) respecting the structure, composition and filling of vacancies of a board;

(b) designating the qualifications necessary for appointment to a board or regarding election to a board;

(d) respecting voting by members of a board and the casting of tie breaking votes;

(e) regarding rules of procedure governing board meetings;

(f) respecting the annual and proper expenditure of funds by a board;

(g) restricting expenditures of funds by boards to items and activities approved by the council;

(h) outlining programs and activities which may be undertaken by boards;

(i) regarding the levy of annual surcharges;

(j) respecting notices to persons, businesses or other groups or organizations under this section;

(k) respecting responses to notice requirements by persons, businesses or other groups or organizations;

(l) respecting the increase or decrease in size of an existing business improvement area; and

(m) respecting all other matters for the more effective carrying out of this section.

(13) Nothing in this section shall preclude a municipality from promotion, improvement, beautification or maintenance activities within a business improvement area that are normally provided to the municipality at large.

(14) A council may by regulation dissolve a business improvement area and a board of a business improvement area

(a) upon receipt of a petition by persons qualified to reject the establishment of a business improvement area referred to in subsection (4); and

(b) where a board has not functioned for a period of 1 or more years.

1988 c47 s3

254. The council may make regulations with respect to noise or other nuisance, including the use of pellet and air guns, that, in the opinion of the council, has an unpleasant effect on the senses.

1979 c33 s248; 1982 c55 s22

255. The council may order that a nuisance that is contrary to the regulations stop.

1979 c33 s249

256. An order made under section 255 shall be served, may be enforced, is subject to the same penalty for non-compliance, and may be appealed against in the same manner as an order made with respect to a building under section 214.

1979 c33 s250

PART II
COMMUNITIES
DIVISION A - ESTABLISHMENT
Back to Top Establishment of communities

257. (1) The Lieutenant-Governor in Council may, by order, on the recommendation of the minister and subject to a feasibility study being conducted under section 262

(a) establish an area in the province as a community;

(b) amalgamate communities or communities and towns, and annex areas to communities;

(d) disestablish a community and provide that it have the status of a town; and

(e) disestablish a community.

(2) An order made under subsection (1) shall have effect from a date that may be stated in the order, and that date may be earlier or later than the date on which the order is made.

1979 c33 s251; 1981 c48 s8

258. The Lieutenant-Governor in Council may, by order, prescribe and change the names of communities.

1979 c33 s252

259. Notwithstanding section 264, in an order made annexing an area to a community or amalgamating communities or communities and towns, the Lieutenant-Governor in Council may provide for the adjustment of assets and liabilities between the towns and communities affected by the order.

1990 c45 s9

260. Every community continued or constituted under a predecessor Act is continued as a community under this Act.

1979 c33 s254

261. In addition to the requirements for publication in the Gazette under the Statutes and Subordinate Legislation Act, an order made under this Part shall be published by the minister in a newspaper having general circulation in the area affected by the order, where there is such a newspaper, and by public notice posted up in the area.

1979 c33 s255

262. (1) The minister shall order the preparation of a feasibility report in the prescribed form before his or her making a recommendation for an order of the Lieutenant-Governor in Council under section 257 and shall appoint a person to prepare the report.

(2) The person conducting the feasibility report has the powers of a commissioner under the Public Inquiries Act.

(3) The person conducting the feasibility report shall hold a public hearing in all cases in relation to actions described in paragraphs 257(1)(a) to (e) and shall, where reasonable, hold the hearing in the proposed community or in the area or community affected.

1979 c33 s256; 1982 c55 s23

263. (1) Before the ordering of a feasibility report by the minister under section 262, the minister shall publish a notice of his or her intent to order a feasibility report in a newspaper having general circulation in the area affected by the feasibility report, where there is such a newspaper, and by public notice posted up in the area.

(2) Where a notice of intent is to be published by the minister under subsection (1) that directly affects a municipality, the minister shall give prior notification of his or her intent to publish it to the council of that municipality.

1979 c33 s257

264. (1) Where an order is made reducing the area of a community

(a) a councillor who lives in the area that was taken out of the community by the order stops being a councillor when the order has effect;

(b) all assets of the council may be retained by it, except roads, streets, lanes, sidewalks, bridges and other public ways in the area taken out of the community and the council may dispose of those assets for the consideration and upon the terms that it considers appropriate; and

(c) the council may collect money due to it and take legal action the right to which arose before the order came into effect as if the order had not been made.

1979 c33 s258

DIVISION B - COMMUNITY COUNCIL
Back to Top Establishment of council

265. The Lieutenant-Governor in Council may, by order, constitute a community council for a community established under this Act to control and manage the community in accordance with this Act.

1979 c33 s259

266. A community council is to consist of from 5 to 7 persons, as the minister may decide.

1982 c55 s24; 1984 c39 s8

267. A community council is a corporation.

1979 c33 s261

268. A community council constituted or continued under this Act has the same powers and duties as a town council under Part I of this Act and that Part applies to those community councils as if they were town councils.

1979 c33 s262

269. (1) The 1st council shall be elected by a community meeting held on a date fixed by the minister.

(2) The minister may defer the holding of an election under subsection (1) to a date not later than 1 year after the community has been established.

1979 c33 s263

270. (1) The minister shall make arrangements for the 1st community meeting and shall publish notices of the meeting in a newspaper circulating in the area, where there is such a newspaper, and by public notice in at least 4 places in the community, at least 1 week before the date of the meeting.

(2) At the 1st meeting the voters present at the meeting shall elect a chairperson to conduct the meeting, and a secretary to record the proceedings.

1979 c33 s264

271. (1) A Canadian citizen who is 18 years of age or older is qualified to vote at a community meeting where he or she has been ordinarily resident in the community for the 30 days immediately preceding the date of the community meeting.

(2) The chairperson of the meeting, except where there is an equality of votes, is disqualified from voting at a community meeting.

1979 c33 s265; 1984 c39 s8; 1985 c11 s71

272. (1) A person is qualified to be elected as a councillor who is qualified to vote and who

(a) has been ordinarily resident in the community for the 6 months immediately preceding the date of the election; and

(b) is not in arrears of taxes payable to the community for a prior year.

(2) A person is not qualified to be elected as a councillor while he or she holds an office under the council to which a salary or remuneration payable out of the funds of the community is attached, or while he or she is employed by the council.

(3) A person is not qualified to be elected as a councillor if

(a) he or she were a member of a council that was dismissed; or

(b) he or she were individually dismissed as a member of a council

where the election is held within 2 years of the date of dismissal.

1979 c33 s266; 1982 c55 s25; 1987 c13 s14;
1988 c54 s16

273. The voters present at the 1st community meeting shall elect a council by secret ballot from among the voters in the community.

1979 c33 s267

274. The election of the 2nd and each subsequent council shall take place by secret ballot at every 2nd annual meeting starting with the 3rd annual meeting.

1979 c33 s268

275. Notwithstanding section 274, a council may hold an election under Part V as if the community were a town under this Act and Part V applies to an election of a community council with the necessary changes.

1982 c55 s26

276. For the purpose of this Part, the rules of residency as set out in section 535 apply for the purpose of determining the ordinary residence of a person.

1979 c33 s269

277. (1) The minister may order the holding of a community meeting for the purposes of an election or by-election and may appoint a person to conduct that meeting.

(2) Where an election or by-election is ordered to be held under subsection (1) the council or councillors affected by that order continue to hold office until the councillors elected to succeed them are sworn into the office.

(3) Where a by-election is held under subsection (1) the councillor elected holds office for the unexpired term of the councillor whom he or she replaces.

(4) The minister may, by order, defer an election or by-election ordered to be held under this section for periods not exceeding 6 months in total.

1979 c33 s270

278. (1) Where a vacancy occurs in the office of a councillor the council shall call a special community meeting within 3 months of the vacancy for the purpose of electing a councillor to fill the vacancy for the unexpired term of the council.

(2) A council may, with the approval of the minister, defer or dispense with a by-election to be held under this section.

(3) Where no person is elected in a special community meeting called to fill a vacancy in the council and the minister does not appoint a person to fill the vacancy or the council does not defer or dispense with the by-election, the council shall call another special community meeting to fill the vacancy.

1979 c33 s271; 1982 c55 s27

279. (1) A person is not qualified to serve as a councillor and shall not take or sign the oath or affirmation of office unless he or she is qualified to be elected as a councillor and has been elected under this Part.

(2) Each councillor shall, before entering on the duties of his or her office, take and sign the following oath or affirmation of office before the clerk, justice of the peace or commissioner for oaths:

"I, A.B., swear (affirm) that I am fully qualified as required by law for the office of councillor of the community of _________________ and that I will to the best of my ability faithfully perform the duties of councillor while I hold office." (In the case where an oath is taken, add "So help me God.").

(3) Where a person takes the oath or affirmation of office the clerk shall enter a certificate in the minute book of the council that the oath or affirmation has been taken by that person.

(4) In the case of a 1st election, where a clerk has not been appointed, the person before whom the oath or affirmation is taken shall retain the oaths or affirmations of office for transmittal to the clerk when he or she is appointed.

1979 c33 s272

280. The term of office of all councillors expires when the number of newly elected councillors sufficient to constitute a quorum are sworn into office.

1979 c33 s273

281. (1) Where, in an election or by-election held under this Act

(a) no candidates are nominated;

(b) fewer candidates are nominated than there are councillors to be elected; or

(c) for another reason the number of councillors to be elected is less than that provided for in an election or by-election

the minister may, after the date fixed for the election or by-election, appoint as many councillors as is necessary to bring the council up to the number provided for the council.

(2) A councillor appointed under subsection (1) holds office for the same term as he or she would have served had he or she been elected as a councillor by the election or by-election.

1979 c33 s274

282. (1) Where the number of councillors holding office is less than a quorum the minister may appoint a sufficient number of councillors to make a quorum.

(2) A councillor appointed under subsection (1) holds office until the expiration of the term of office of the councillors who held office on his or her appointment.

1979 c33 s275

283. (1) The office of a councillor becomes vacant

(a) where he or she resigns in writing, from the date specified in his or her resignation, or where no date is specified, from the date when he or she files his or her resignation with the clerk or, where he or she resigns at a meeting of the council, from the time of that resignation;

(b) where he or she was a member of a council of a municipality that was dismissed under the Department of Municipal and Provincial Affairs Act, or where he or she was dismissed as a member of such a council; or

(2) The council shall, by resolution, declare vacant the office of an elected councillor where he or she

(a) fails to disclose that he or she has a conflict of interest in a matter being discussed by the council;

(b) stops being ordinarily resident in the municipality;

(d) becomes indebted to the council for arrears of taxes for a prior year;

(e) without leave of the council,

(i) neglects to be sworn into office within 2 months after his or her election, or

(ii) does not attend meetings for 4 consecutive months or does not attend at least 50% of the regularly scheduled council meetings during a year; or

(f) accepts without the prior approval of the minister an office or employment under the council to which a salary or remuneration payable out of the funds of the council is attached.

(3) A councillor in respect of whom a resolution is made under subsection (2) may not vote on that resolution.

(4) A councillor who sits or acts as a councillor after his or her office becomes vacant is guilty of an offence and is liable on summary conviction to a penalty of not more than $20 for each time he or she sits or acts.

1979 c33 s276

284. (1) A councillor who is aggrieved by a resolution made under subsection 283(2) may appeal to a judge of the Trial Division by filing a notice of appeal in the Registry of the Supreme Court within 21 days of the date on which the resolution was made and upon paying into the court a sum, or upon giving a bond for a sum, that the judge considers sufficient to defray the costs of the appeal.

(2) A copy of the notice of appeal shall be filed with the clerk by the appellant or his or her solicitor.

(3) The notice of appeal shall set out in detail the allegations of the appellant and the grounds of the appeal and is to be signed by the appellant or his or her solicitor.

(4) The appellant shall, within 14 days after the service of the notice of appeal under this section, apply to the judge for the appointment of a day for the hearing of the appeal and shall, not less than 14 days before the hearing of the appeal, file in the Registry of the Supreme Court a written notice of the day appointed for the hearing.

(5) The clerk shall produce before the judge all papers and documents in the possession of the council relevant to the appeal.

(6) The judge shall hear the appeal and the evidence brought forward by the appellant and the council in a summary manner and shall decide the matter of the appeal by

(a) upholding, amending or revoking the resolution after consideration of the applicability of any of the matters set out in subsection 283(2) to the appeal; or

(b) making another decision that he or she considers to be appropriate in the circumstances.

(7) The judge may make an order as to costs either for or against the appellant or the council, and may fix the amount of the costs.

1979 c33 s277; 1986 c42 Sch B

285. The 1st meeting of a council following the community meeting that elected it shall be called by the clerk, or chairperson of the community meeting, within 30 days of that community meeting.

1979 c33 s278

286. (1) At the 1st meeting held under section 285 the councillors shall elect 1 councillor to be mayor, and 1 councillor to be deputy mayor.

(2) The election shall be conducted by the clerk or the chairperson of the community meeting.

1979 c33 s279

287. Where a vacancy occurs in the office of mayor, the deputy mayor shall assume the office of mayor for the remainder of the mayor's term and has the powers and shall exercise the duties of the mayor.

1979 c33 s280

288. The mayor is the presiding officer of the council and is the official head of the community for all ceremonial purposes.

1979 c33 s281

289. In the absence or incapacity of the mayor the deputy mayor has the powers and shall exercise the duties of the mayor.

1979 c33 s282

290. The mayor

(a) shall be vigilant and active in causing the laws of the government of the community to be executed and obeyed and in making all reasonable efforts to advance and promote the aims and objects of the council; and

(b) shall exercise the powers and perform the duties that may be conferred or imposed upon him or her by the council, the Act or the regulations.

1979 c33 s283

291. The mayor is subject to the direction and control of the council and shall abide by decisions of the council.

1979 c33 s284

292. (1) The mayor, and in his or her absence, the deputy mayor shall preside at all meetings of the council.

(2) Where both the mayor and deputy mayor are absent from a meeting the other councillors shall appoint a temporary chairperson who has and may exercise the powers and carry out the duties of the mayor at the meeting.

1979 c33 s285

293. A council shall meet at least every 2 months for the dispatch of general business at the call of the clerk, which call shall be made upon the request of the mayor, or any 2 councillors, and shall meet at other times in the same manner.

1979 c33 s286

294. A council may establish those standing or special committees that it considers desirable to consider matters referred to it by the council and make recommendations on the matters to the council.

1979 c33 s287

DIVISION C - COMMUNITY MEETINGS
Back to Top Annual meeting

295. Except in the 1st year, the annual meeting of the community shall be held not later than March 31, at a place to be fixed by the council or at a later time that may be approved by the minister.

1979 c33 s288

296. Notice of an annual and special meeting shall be given by the council by publishing a notice at least 1 week before the meeting, stating the time and place of the meeting in a newspaper circulating in the area, where there is such a newspaper, and by posting it within that time in 4 public places in the community.

1979 c33 s289

297. (1) In a year in which the election of a council is to take place 10% of the voters in the community constitutes a quorum at the annual meeting of the community and at a special community meeting.

(2) In a year in which no election takes place the annual meeting of the community and a special community meeting may take place although a quorum of 10% of the voters is not present.

(3) Where the quorum required by subsection (1) is not present the meeting shall be adjourned to a later date to be fixed by the council.

1987 c13 s15

298. (1) The mayor shall act as chairperson of the meeting and the clerk as secretary.

(2) Notwithstanding subsection (1), the clerk shall conduct the election of councillors.

1979 c33 s291

299. The annual meeting shall

(a) receive and discuss the annual report of activities of the council, including the statement of accounts; and

(b) at every 2nd annual meeting starting with the 3rd annual meeting, elect the council.

1979 c33 s292

300. (1) Special meetings of the community may be called by the council.

(2) Special meetings of the community shall be called by the council at the request of 10% of the voters, who in the request shall state the reason for the special meeting.

1979 c33 s293

301. The notice calling a special meeting shall clearly state the business to be considered by the meeting, and no other business shall be considered at the meeting.

1979 c33 s294

302. The council may make regulations establishing the procedure of community meetings.

1979 c33 s295

303. A copy of all reports presented by the council to a community meeting together with a copy of the minutes, as certified by the clerk, shall be sent to the minister within 30 days of the meeting.

1979 c33 s296

PART III
REGIONS
DIVISION A - ESTABLISHMENT
Back to Top Establishment of regions

304. (1) The Lieutenant-Governor in Council may, by order, on the recommendation of the minister and subject to a feasibility study being conducted under section 308,

(a) establish an area in the province as a region;

(b) amalgamate regions and annex areas to regions;

(d) disestablish a region.

(2) An order made under subsection (1) shall have effect from a date that may be stated in the order, and that date may be earlier or later than the date on which the order is made.

1979 c33 s297; 1981 c48 s10

305. The Lieutenant-Governor in Council may, by order, prescribe and change the names of regions.

1979 c33 s298

306. Notwithstanding section 310, in an order made establishing a region, annexing an area to a region or amalgamating regions, the Lieutenant-Governor in Council may provide for the adjustment of assets and liabilities between the cities, towns, communities and regions affected by the order.

1990 c45 s10

307. In addition to the requirements for publication in the Gazette under the Statutes and Subordinate Legislation Act, an order made under this Part shall be published by the minister in a newspaper having general circulation in the area affected by the order.

1979 c33 s300

308. (1) The minister shall order the preparation of a feasibility report in the prescribed form before his or her making a recommendation for an order of the Lieutenant-Governor in Council under section 304 and shall appoint a person to prepare the report.

(2) The person conducting the feasibility report has the powers of a commissioner under the Public Inquiries Act.

(3) The person conducting the feasibility report shall hold a public hearing in all cases in relation to actions described in paragraphs 304(1)(a) to (d) and shall, where reasonable, hold the hearing in the proposed region or in the area or region affected.

1979 c33 s301; 1982 c55 s28; 1983 c23 s15

309. (1) Before the ordering of a feasibility report by the minister under section 308, the minister shall publish a notice of his or her intent to do so in a newspaper having general circulation in the area affected by the feasibility report.

(2) Where a notice of intent is to be publicized by the minister under subsection (1) that directly affects a city, town, community or region, the minister shall give a prior notification of his or her intent to so publish it to the council of the city, town, community or region.

1979 c33 s302

310. (1) Where an order is made reducing the area of a region

(a) an elected councillor who lives in the area that was taken out of the region by the order stops being a councillor when the order has effect;

(c) all assets of the council may be retained by it, except roads, streets, lanes, sidewalks, bridges and other public ways in the area taken out of the region and the council may dispose of those assets for the consideration and upon the conditions that it considers appropriate; and

(d) the council may collect money due to it and take legal action the right to which arose before the order came into effect as if the order had not been made.

1979 c33 s303

DIVISION B -
RESPONSIBILITIES AND POWERS
Back to Top Prescribed powers

311. (1) The Lieutenant-Governor in Council may, by order, subject to a feasibility study being conducted under section 308, designate powers that a regional council shall exercise for the entire region or a portion of the region governed by the regional council; those powers to be from among those set out in section 312 as the Lieutenant-Governor in Council considers advisable in the circumstances.

(2) Where powers are designated under subsection (1) these powers stop being the responsibilities of a city, town, community, road board, local service district committee or school tax authority, or other similar body performing the designated power before the order, and the regional council assumes these power and may exercise them in accordance with the Act establishing these bodies as if they were the body described in that Act.

1979 c33 s304

312. The powers that may in whole or in part be designated under section 311 are

(a) the construction and operation of regional water supply systems, regional sewage disposal systems, regional storm drainage systems and regional solid waste disposal sites, including facilities designated in the order as regional facilities, and the charging of user fees on cities or municipalities benefited by those facilities;

(b) the provision of regional police services, ambulance services, animal and dog control, and other similar services within the region as may be prescribed;

(c) the provision, subject to the Urban and Rural Planning Act, of regional planning, local area planning in unincorporated areas, joint planning and development control along protected roads, in protected areas and other designated areas within the region;

(d) the undertaking of another municipal function that a municipality or city performs or is permitted to perform under this Act by agreement with municipalities or cities subject to the recovery of the full cost from the municipality or city; and

(e) the provision, by agreement with municipalities or cities, subject to the recovery of the full cost from the municipality or city, of

(i) contract services,

(ii) tax billing and collection services,

(iii) engineering services,

(iv) management consulting services,

(v) data processing, and

(vi) other technical and administrative services that may be required by municipalities.

1979 c33 s305

313. The Lieutenant-Governor in Council may, by order, grant to a regional council all the powers of a town council in all or part of the areas of the region that are not governed by a city, town or community council and where such an order is made Divisions E, F and G of Part I of this Act apply to those areas.

1979 c33 s306

314. In addition to the powers set out in section 313 the regional council may establish local service districts in a part of the unorganized areas covered under an order made under section 313, and may prescribe and alter the boundaries of those local service districts.

1979 c33 s307

315. (1) Where a local service district is established under section 314, the regional council may

(a) provide for an advisory committee to be elected by public meeting from among the voters in the local service district;

(b) establish the size and, by regulations, the procedures of advisory committees;

(i) on the application of provincial grants received with respect to the local service district,

(ii) on the provision of services in the local service district requiring additional taxes, rates or charges,

(iii) on local planning and development control, and

(iv) on other matters relating to local government in the area contained within the local service district; and

(d) vary the amounts of taxes, rates and charges between different local service districts.

(2) Where a regional council assumes the power of a local service district established under Part VI, the local service district committee is considered to be the advisory committee for the voters in the local service district until the regional council provides for an election under paragraph (1)(a).

1979 c33 s308

316. (1) The Lieutenant-Governor in Council may, by order, state the ancillary powers that may be exercised by a regional council in carrying out their designated powers.

(2) The Lieutenant-Government in Council may state that the regional council may

(a) acquire any of the fixed assets of the municipalities and cities necessary for the exercise of the powers of the regional council, without compensation but including the assumption of the liabilities and obligations associated with these assets;

(b) require towns, communities and cities within the region to connect to and use regional services; and

(c) assess municipalities and cities within the jurisdiction of the regional council for a general service charge and in making that assessment consider in relation to the municipalities or cities

(i) the number of persons who are 18 years of age or older who ordinarily live in the municipalities and cities,

(ii) the assessed value of the real property within the municipalities and cities, or

(iii) the assessed value of the property used by businesses within the municipalities and cities.

1979 c33 s309

DIVISION C - REGIONAL COUNCIL
Back to Top Establishment of council

317. The Lieutenant-Governor in Council may, by order, constitute a regional council for a region established under this Act to control and manage the region in accordance with this Act.

1979 c33 s310

318. A council is to consist of the number of persons that may be prescribed by the Lieutenant-Governor in Council.

1979 c33 s311

319. The Lieutenant-Governor in Council may, by order, establish and change the number and boundaries of wards and fix the number of councillors to be elected for each ward.

1979 c33 s312

320. (1) The Lieutenant-Governor in Council may, by order, designate and change the number or proportion of a regional council that is to be appointed from elected councils of cities and municipalities in the region or elected at large or to represent wards.

(2) Where under subsection (1) there are to be appointed councillors the Lieutenant-Governor in Council may appoint councillors, and those appointments shall be

(a) from those municipalities or cities that the municipalities and cities in the region may designate; and

(b) on the recommendation of the elected council in the designated municipalities or cities.

(3) Where municipalities and cities do not, within a reasonable period, make a designation for the purpose of paragraph (2)(a), the Lieutenant-Governor in Council may make a designation.

1979 c33 s313

321. A regional council is a corporation.

1979 c33 s314

322. (1) The 1st election of the elected members of the council shall take place on a date fixed by the minister.

(2) The minister may defer the holding of an election under subsection (1) to a date not later than 1 year after the region has been established.

1979 c33 s315

323. At the 1st meeting held following the 1st election and each general election or where the council consists only of appointed councillors at the 1st meeting following the appointment, the councillors shall elect 1 councillor to be chairperson and 1 councillor to be deputy chairperson.

1979 c33 s316

324. The election shall be conducted by the regional clerk or returning officer.

1979 c33 s317

325. Where a vacancy occurs in the office of chairperson, the deputy chairperson shall assume the office of chairperson for the remainder of the chairperson's term and has the powers and shall exercise the duties of the chairperson.

1979 c33 s318

326. The chairperson is the presiding officer of the council and is the official head of the region for all ceremonial purposes.

1979 c33 s319

327. In the absence or incapacity of the chairperson the deputy chairperson has the powers and shall exercise the duties of the chairperson.

1979 c33 s320

328. The chairperson

(a) shall be vigilant and active in causing the laws of the government of the region to be executed and obeyed and in making all reasonable efforts to advance and promote the aims and objects of the council; and

(b) shall exercise the powers and perform the duties that may be conferred or imposed upon him or her by the council, the Act or the regulations.

1979 c33 s321

329. The chairperson is subject to the direction and control of the council and shall abide by a decision of the council.

1979 c33 s322

330. (1) The chairperson, and in his or her absence, the deputy chairperson shall preside at all meetings of the council.

(2) Where both the chairperson and deputy chairperson are absent from a meeting the other councillors shall appoint a temporary chairperson who has and may exercise the powers and carry out the duties of the chairperson at the meeting.

1979 c33 s323

331. A council shall meet at least once every month for the dispatch of general business at the call of the clerk, which call shall be made at the request of the chairperson, or 2 councillors, and shall meet at other times in the same manner.

1979 c33 s324

332. A council may establish those standing or special committees that it considers desirable to consider matters referred to it by the council and make recommendations on those matters to the council.

1979 c33 s325

DIVISION D - STAFF
Back to Top Appointment of manager

333. (1) A council shall by a vote of 2/3 of the total number of councillors, appoint a regional manager, who is to be paid a salary to be fixed by the council.

(2) The salary fixed by a council under subsection (1) shall be in accordance with salary guidelines prescribed by the minister.

1979 c33 s326; 1982 c55 s29

334. (1) When the office of regional manager is vacant, or the regional manager is unable to carry out his or her duties, the council may appoint a person to act as regional manager and fix his or her salary in the same manner as set out in section 333.

(2) The acting regional manager has and may exercise the powers and shall carry out the duties of the regional manager.

1979 c33 s327

335. (1) The regional manager is the chief executive officer of the council and head of its administrative branch and is responsible to it for the planning, execution, conduct and the administration of the affairs of the council in accordance with the policies determined by the council.

(2) The specific duties of the regional manager are as set out in Schedule B entitled "Manager".

1979 c33 s328

336. (1) The regional manager shall not disobey, disregard or overrule a decision of the council.

(2) Where it is provided that the regional manager may or shall make a recommendation, the council shall receive and consider the recommendation, but it is not bound to follow it nor is a recommendation of the regional manager a condition precedent to action by a council.

1979 c33 s329

337. The regional manager shall attend, or be represented by his or her designate, at all meetings of the council, and may at the discretion of council attend meetings of its committees but he or she has no vote.

1979 c33 s330

338. The regional manager may take part in the discussion of all matters coming before a meeting of the council or its committees but he or she has no vote.

1979 c33 s331

339. The regional manager may use the services of the heads of departments and of all other employees of the council for the purpose of carrying out his or her duties.

1979 c33 s332

340. The regional manager shall, where so requested in writing by a department head giving reasons for the request, report to the next meeting of the council that the department head is not in agreement with a plan, proposal or appointment of the regional manager.

1979 c33 s333

341. The regional manager may make or authorize the making of expenditures for the purchase of equipment, supplies, work or other thing required for the carrying on of the business of council, and he or she may enter into contracts for the purchase on behalf of the council

(a) where the expenditure does not exceed in a single case the sum of $500, without reference to the council; and

(b) where the expenditure exceeds in a single case the sum of $500, with the prior approval by resolution of the council,

where the proposed expenditure is not in excess of the amount provided in the budget for the purchase of the equipment, supplies, work or thing.

1979 c33 s334

342. Notwithstanding section 341, where, in the opinion of the manager, the immediate expenditure of an amount in excess of $500 is necessary to meet an emergency situation, the regional manager may make that expenditure without the prior approval of the council and shall report on that expenditure to the council at its next meeting.

1979 c33 s335

343. (1) Where an expenditure in excess of $500 in a single is proposed, the council shall not make the expenditure until it has requested the recommendation of the regional manager with respect to it.

(2) Where the manager's recommendations are received, or where the manager does not make his or her recommendations within a reasonable time, the council may make the expenditure in a manner and subject to the conditions that it considers appropriate.

(3) The council is not bound to adopt recommendations made to it by the manager under subsection (1).

1979 c33 s336

344. (1) The regional manager may delegate his or her powers and duties to those officers of the council that he or she considers appropriate, except those of his or her powers and duties that the council may specifically exempt from delegation.

(2) Notwithstanding subsection (1), in the case of an emergency, the regional manager may delegate any of his or her powers without reservation.

1979 c33 s337

345. (1) A council shall, by a vote of 2/3 of the total number of councillors, appoint a regional clerk, who is to be paid a salary to be fixed by council.

(2) The salary fixed by a council under subsection (1) shall be in accordance with salary guidelines prescribed by the minister.

1979 c33 s338; 1982 c55 s30

346. (1) Where the office of regional clerk is vacant, or the regional clerk is unable to carry out his or her duties, the council shall appoint a person to act as regional clerk and fix his or her salary in the same manner as set out in section 345.

(2) The acting regional clerk has and may exercise the powers and shall carry out the duties of regional clerk.

1979 c33 s339

347. The regional clerk may administer oaths or affirmations and take and receive affidavits for the purpose of this Act.

1979 c33 s340

348. (1) The regional clerk is the secretary to the council and is responsible to it for recording the proceedings and decisions of the council and for the safekeeping of all documents of the council.

(2) The specific duties of the regional clerk are as set out in Schedule B entitled "Clerk".

1979 c33 s341

349. The regional clerk shall attend, or be represented by his or her designate, at all meetings of the council and at the discretion of council, its committees.

1979 c33 s342

350. (1) The council may establish departments and appoint the following department heads:

(a) regional engineer, or regional superintendent of works;

(b) regional treasurer;

(d) regional recreational director;

(e) regional fire chief;

(f) regional solicitor; or

(g) heads for the other departments that may be established by the council.

(2) The council shall seek the recommendation of the regional manager before they establish a department or appoint a department head.

(3) The council may appoint 1 person to 2 or more offices set out in subsection (1).

1979 c33 s343

351. The department heads are responsible to the regional manager.

1979 c33 s344

352. (1) A department head is to be paid a salary fixed by the council.

(2) The salary fixed by a council under subsection (1) shall be in accordance with salary guidelines prescribed by the minister.

1979 c33 s345

353. (1) The regional engineer is responsible for the design, construction, operation and maintenance of regional works and equipment.

(2) The specific duties of the regional engineer are as set out in Schedule B entitled "Engineer".

1979 c33 s346

354. (1) The regional superintendent of works is responsible for the operation and maintenance of regional works and equipment.

(2) The specific duties of the regional superintendent of works are as set out in Schedule B entitled "Superintendent of Works".

(3) Where there is a regional engineer appointed by the council, the regional superintendent of works shall, notwithstanding subsections (1) and (2), be responsible to the regional engineer and in that case is not a department head.

1979 c33 s347

355. (1) The regional treasurer is responsible for the financial management of the region.

(2) The specific duties of the regional treasurer are as set out in Schedule B entitled "Treasurer".

1979 c33 s348

356. (1) The regional planner is responsible for the formulation of the long term objects and strategies to be recommended to the council to guide the future development of the region and for the preparation of plans for the orderly development of the region.

(2) The specific duties of the regional planner are as set out in Schedule B entitled "Planner".

1979 c33 s349

357. (1) The regional director of recreation is responsible for the formulation and direction of a regional recreation program and for the operation and maintenance of regional recreational facilities.

(2) The specific duties of the regional director of recreation are as set out in Schedule B entitled "Director of Recreation".

1979 c33 s350

358. (1) The regional fire chief is responsible for the organization, training and operation of the regional fire chief brigade and for fire prevention within the region.

(2) The specific duties of the regional fire chief are as set out in Schedule B entitled "Fire Chief".

1979 c33 s351

359. The regional solicitor is responsible for the giving of legal advice to the council, preparing legal documents and regulations and representing the council before the courts.

1979 c33 s352

360. The regional manager, regional clerk and department heads hold office during the pleasure of the council.

1979 c33 s353

361. (1) The regional manager, regional clerk or department head may be dismissed by a vote of 2/3 of the councillors at a meeting called in accordance with subsection (2), where the vote to dismiss is confirmed by a similar vote at a meeting of the councillors held not earlier than 1 month after the meeting at which the 1st vote to dismiss was carried.

(2) A meeting of councillors may not hold a vote on a motion to dismiss under subsection (1) unless

(a) a written notice of the meeting signed by the councillors intending to make a motion and second it is deposited with the regional clerk or chairperson; and

1979 c33 s354

362. The regional manager, regional clerk or department heads may be retired in accordance with a pension scheme established under this Act when that person becomes qualified for a pension, allowance or gratuity under that pension scheme.

1979 c33 s355

363. (1) Where a council is of the opinion that the regional manager, regional clerk or a department head has grossly misconducted himself or herself in the performance of his or her duties or in the exercise of his or her powers under this Act, the council may, by a vote of 2/3 of the councillors, suspend the regional manager, regional clerk or a department head from his or her office for a period not in excess of 1 month.

(2) Where the dismissal procedure is taken under section 361 the period of suspension shall continue until that procedure is completed, and where the dismissal procedure is started it shall be concluded within 2 months of the date of the beginning of the suspension.

(3) The suspended person is not entitled to be paid his or her regular salary during the initial 1 month period of suspension unless that suspension is later found to be unwarranted by the council.

1979 c33 s356

364. (1) The council may establish posts for the administration of the region and determine the salary for each post.

(2) The council shall establish written job specifications for each post established by it setting out the duties for each post and the qualifications of persons to fill those posts.

(3) The council shall seek the recommendations of the regional manager before exercising their powers under subsections (1) and (2).

1979 c33 s357

365. (1) The regional manager may, on behalf of the council and after consultation with the head of the department concerned, employ or dismiss an employee of the council, other than a department head.

(2) The authority that may be exercised by the regional manager under subsection (1) is subject to the terms of a collective agreement or other employment contract to which the council is a party.

(3) Where there is no collective agreement or other contract regulating the procedures to be followed under subsection (1) the council shall, upon the written recommendation of the regional manager establish written procedures governing the exercise of the powers set out in subsection (1).

(4) The council itself may employ or dismiss an employee of the council, subject to subsections (2) and (3), after consulting with the regional manager.

1979 c33 s358

366. (1) An employee of a council whose duties include the collecting, receiving or depositing of money shall be bonded in the amount specified by the council.

(2) The council shall pay the premiums on bonds entered into under this section.

(3) The auditor shall, during the course of each audit, inspect the bonds entered into under this section and report on their sufficiency to the minister.

(4) At a meeting to be held not later than February 15 in each year, the council shall examine the bonds entered into under this section.

1979 c33 s359

367. (1) The council may provide a pension scheme for full-time employees, regular part-time employees, or a class of employees for those employees who have worked as employees for a stated period and discontinued their employment or have suffered permanent and total disability before reaching retirement age.

(2) The council shall determine

(a) whether the pensions, allowances and gratuities are to be paid

(i) by contract with the Crown in right of Canada under the Government Annuities Act (Canada),

(ii) by contract with an insurer authorized to carry on business in the province, or

(iii) by contract with the Crown; and

(b) the employees who are to be eligible to receive a payment under the pension scheme and the amount of the payment.

(3) The council

(b) shall provide for payment of contributions to be made by the council under the pension scheme.

1979 c33 s360

368. (1) The council may make those regulations that in its opinion are necessary or desirable to provide for the pension scheme and for a matter connected with the pension scheme for which no express provision has been made under this section or in respect of which only partial provision has been made.

(2) Regulations made under subsection (1) may be made with retroactive effect.

1979 c33 s361

369. (1) A person, who before becoming an employee of the council, was in the employment of the Government of Canada, the government of a province, a municipality in Canada, the cities of St. John's, Corner Brook or Mount Pearl, or of a corporation or institution having a pension plan may be credited, as pensionable service with the council, with the whole or part of the pensionable service credited to him or her by that employment.

(2) A council may make an agreement with a body described in subsection (1) providing for the crediting, on a reciprocal basis, of the whole or part of the pensionable service served by the employee with that body, as pensionable service with the region.

1979 c33 s362

370. (1) The council may arrange to provide a group insurance scheme for employees or a class of employees, and for volunteer members of its fire department and for that purpose may enter into arrangements that the council may determine with insurance or other companies or with the Crown.

1979 c33 s363

371. The council may determine the persons or class of persons who are eligible to receive benefits under a group insurance scheme entered into under section 370.

1979 c33 s364

372. The council shall provide for the payment of contributions to be made by the council under a group insurance scheme and shall deduct or provide for deductions by instalments from the salary, wages or other remuneration of an employee who is eligible to receive a benefit under the scheme.

1979 c33 s365

373. A council may carry out staff training on its own or in co-operation with other councils, municipalities or bodies engaged in staff training programs and shall arrange to help its employees financially and otherwise in taking those training programs.

1979 c33 s366

DIVISION E - FINANCE
Back to Top Financial year

374. (1) The financial year of a council is from January 1 to the following December 31.

(2) For the 1st year of a council the financial year is from the date the council takes office until the following December 31.

1979 c33 s367

375. (1) The council shall open a bank account in a bank approved by the council and shall deposit to its credit all money received by it.

(2) All cheques or orders withdrawing money from the bank account of a council shall be signed by the chairperson or deputy chairperson, or in the absence or incapacity of both of them, by a councillor, designed for that purpose by the council, and countersigned by the regional clerk.

(3) Where a comptroller is appointed under section 477 all cheques shall be countersigned by him or her.

1979 c33 s368

376. (1) A council shall, not later than 90 days after the day on which the council takes office in the 1st financial year, and not later than September 30 in each succeeding year, prepare a budget containing estimates of the revenue and expenditure of the council for the next financial year and a statement showing the general service charges to be assessed against the incorporated areas during that year and the rate of tax in the unincorporated areas that will be imposed during that year.

(2) The budget shall be in the form that the minister prescribes.

1979 c33 s369

377. Copies of the budget shall be sent to the minister and the city, town and community councils in the region not later than October 1 in each year, and immediately after its adoption in the 1st year of the regional council.

1979 c33 s370

378. (1) The budget is subject to the approval of the minister who may

(a) approve the budget as submitted to him or her;

(b) send the budget back to the council for its reconsideration; or

(2) The budget as approved by the minister is the budget of the council.

1979 c33 s371

379. The anticipated revenues and proposed expenditures of the council shall balance.

1979 c33 s372

380. (1) The proposed budget shall only include proposed local revenue and federal and provincial revenues for which written authorization has been received.

(3) The unappropriated accumulated surplus or accumulated deficit, appearing in the audited financial statements as at the end of the previous financial year, shall be credited or debited as items of revenue or expenditure in the budget of the next financial year.

(4) Where the amounts of unappropriated accumulated surplus or accumulated deficit, referred to in subsection (3), are in the opinion of the minister substantial, they may be credited or debited in future budgets over a period of years that may be determined by the minister.

1979 c33 s373; 1982 c55 s31

381. Where during a financial year it appears that the actual revenue and expenditure is likely to be substantially greater or less than estimated, the council shall prepare and adopt a revised budget in the prescribed form.

1979 c33 s374

382. Copies of the revised budget shall be sent to the minister and the city, town and community councils in the region immediately after its adoption.

1979 c33 s375

383. (1) The revised budget is subject to the approval of the minister who may

(a) approve the budget as submitted to him or her;

(b) send the budget back to the council for its reconsideration; or

(2) The revised budget as approved by the minister is the revised budget of the council for the remainder of the financial year.

1979 c33 s376

384. A council shall not incur, enter into, contract, or become liable for an expenditure or indebtedness beyond or in excess of the estimated amount of expenditure set out in the adopted budget or revised budget.

1979 c33 s377

385. The council shall ensure that complete books of account are kept of the financial dealings of the council.

1979 c33 s378

386. (1) The council shall prepare and adopt within 5 months of the end of each financial year a financial statement showing a detailed balance sheet and a statement of the revenue and expenditure of the council.

(2) The chairperson and the treasurer shall sign the financial statement and shall attach the report that an auditor has made with respect to the financial statement.

(3) The council shall publish the financial statement, together with the auditor's report in a newspaper having general circulation in the region, within 30 days of the receipt of the auditor's report.

1979 c33 s379

387. (1) The council shall appoint an auditor not later than July 30 in the year preceding the year in which the audit is required to be reported on under section 391 to audit the accounts of the council and report on the financial statement prepared by the council.

(2) An auditor appointed under subsection (1) shall be a member of the Institute of Chartered Accountants of Newfoundland or the auditor general and his or her staff and the auditor's appointment remains in effect until it is revoked by the council.

(3) A council shall not appoint a person other than the auditor general to conduct its audit without the written consent of the auditor general.

(4) The council shall advise the minister in writing of its appointment of an auditor or its revocation of an appointment within 30 days of that appointment or revocation.

1979 c33 s380; 1982 c55 s32

388. Where a council does not appoint an auditor within the time set out in section 387 or the auditor is not a qualified person under that section, the minister shall appoint an auditor to audit the accounts of the council and report on the financial statement prepared by the council.

1979 c33 s381

389. An auditor may call for, and the council shall supply, all books and vouchers of the council that he or she considers necessary to enable him or her to properly audit its accounts.

1979 c33 s382

390. The auditor shall examine and report on the annual financial statement of the council and its books of account in his or her report and shall particularly direct his or her attention to

(a) an expenditure in excess of the budget of the council;

(b) the position with regard to arrears of revenue;

(d) the adequacy of the safeguards against fraud;

(e) the sufficiency of bonds entered into under section 366; and

(f) other matters connected with the accounts that the auditor may consider of sufficient interest or importance to mention.

1979 c33 s383

391. The auditor shall complete and submit his or her report on the audit within 5 months of the end of the financial year that he or she is auditing.

1979 c33 s384

392. The council shall send a copy of the audit to the minister within 30 days of its receipt.

1979 c33 s385

393. The auditor shall, at the request of the council or the minister, make an interim report on the accounts of the council and shall send a copy of that report to the council and the minister within 30 days of its completion.

1979 c33 s386

394. (1) A council may borrow an amount not to exceed 20% of its estimated tax yield in the financial year in which the borrowing takes place for current account purposes where that amount is repaid on or before the end of the financial year in which the borrowing takes place.

(2) A council that borrows under subsection (1) shall inform the minister, in writing, of the borrowing within 30 days.

1979 c33 s387

395. Subject to the approval of the minister, a council may borrow money for capital purposes and issue securities for the repayment of money borrowed.

1979 c33 s388

396. A council shall annually on or before the end of each year submit to the Municipal Capital Projects Board established under the Municipal Grants Act a 5-year forecast of their anticipated capital expenditure requirements.

1979 c33 s389

397. (1) Where, without the prior approval of the minister, a council uses money borrowed under section 395 for a purpose other than the purpose for which the minister approved the raising of the loan, the councillors who voted for the use of the money are personally and jointly and individually liable for the restoration of that money to the council, and the council may recover the money as a civil debt due to it.

(2) Where a person entitled to vote in an election for councillors files a written request with the council concerned asking it to bring an action against councillors who incur liability under subsection (1) for the recovery of the money referred to in that section and the council refuses or neglects to do so for 1 month, then, the person who filed the request may bring the action on behalf of himself or herself and other persons in the town.

1979 c33 s390

398. (1) A debenture issued by a council shall have on it the following certificate:

Deputy Minister of Municipal and Provincial Affairs."

(2) The certificate as set out in subsection (1) on a debenture when signed by the Deputy Minister of Municipal and Provincial Affairs is conclusive that

(a) the council had full authority in law and in fact to make and issue the debenture;

(b) the debenture has been lawfully and validly made and issued;

(d) its validity is not open to question in a court in the province.

(3) The Deputy Minister of Municipal and Provincial Affairs may impress his or her signature by machinery on debentures, and a certificate on which his or her signature has been impressed is valid to all intents as if it had been signed in the handwriting of the deputy minister.

1979 c33 s391

399. Where a council borrows money under section 395, the amount of the loan to be raised shall be stated in Canadian dollars.

1979 c33 s392

400. The chairperson and the clerk may impress their signatures by machinery on debentures issued by the council, and debentures that have been so impressed are valid to all intents as if they had been signed in the handwriting of the chairperson and clerk.

1979 c33 s393

401. The council may pay, out of the funds at its disposal, salaries or remuneration to the councillors, officers, auditors and employees of the council, and all the other expenditures incurred in the execution of the powers and duties vested by this Act or other law in the council, subject to there being a provision for such an expenditure in the approved budget or revised budget.

1979 c33 s394

402. The council may, by a vote of 2/3 of the councillors in office, support financially and otherwise an association, activity or event that the council considers to be of benefit to the region and may also pay, or contribute towards the payment of, membership fees, costs of participation by representatives of council and its employees in those associations, activities or events.

1979 c33 s395

403. (1) Where a council has raised money by a loan advanced or guaranteed by the Crown or under bonds or debentures issued by the council with their repayment guaranteed by the Crown, the council shall not invite tenders, award a contract or undertake obligations in respect of the execution of a work, the performance of services, or the purchase of materials or goods that is to be financed in whole or in part by that money, without the prior written approval of the minister.

(2) Except with the consent of the Lieutenant-Governor in Council, money described in subsection (1) shall not be attached, held or otherwise taken under a power of law to satisfy an obligation of a council arising out of a contract entered into without the prior approval of the minister.

1979 c33 s396

DIVISION F - REGIONAL SERVICE CHARGES
Back to Top Imposition of service charge

404. All service charges that may be imposed or varied by the council shall be imposed or varied by a resolution of council.

1979 c33 s397

405. A council may, in the resolution of council imposing or varying the service charge, set out the date when the service charge is due.

1979 c33 s398

406. A council may provide for the payment of a service charge imposed under this Act at monthly or bi-monthly intervals and may charge a rate of interest on those payments not in excess of that provided for under section 409.

1979 c33 s399

407. Notwithstanding section 405, service charges imposed by a council in its 1st financial year become due from the 1st day of the next financial year of the council, unless the council sets a later date under section 405.

1979 c33 s400

408. Service charges imposed or varied by a council remain in effect and are due according to the nature of the service charge and its method of payment, until the resolution of council imposing it has been cancelled.

1979 c33 s401

409. On service charges that are not paid on or before the date on which they become due, a council may charge interest, so long as before that charge the council passes a resolution to that effect, not in excess of the prime rate of interest charged by the chartered banks on January 1 in each year plus 3%.

1982 c55 s33

410. The interest charged under section 409 runs from the later date of

(a) the effective date of the resolution passed by council approving the interest; and

(b) 3 days after the taxpayer has been mailed a notice of the amount of taxes that are owing and not paid by him or her.

1982 c55 s34

411. A council shall in a newspaper circulated in the region publish a copy of a resolution of the council where a service charge is imposed or varied.

1979 c33 s404

412. In an action under this Act in which it is necessary to show that a service charge was imposed or varied, a copy of the minute of the council signed by the clerk is, in the absence of evidence to the contrary, proof that the service charge was properly imposed or varied.

1979 c33 s405

413. All service charges imposed under this Part may, in addition to all other methods of collection provided in this Part, be sued for and collected by action in the name of the council as a civil debt due to the council.

1979 c33 s406

414. (1) Where real property is made capable of being developed, or the density of potential development is increased, by a public work, on or off the real property, of the council designed to develop municipal services or expand the capacity of the municipal services, or where the value of real property is enhanced by an action of the council, the council may impose a charge to be known as "the service levy" on that real property.

(2) For the purpose of subsection (1) the service levy shall be assessed against the city or municipality.

1979 c33 s407

415. A service levy shall not exceed the cost, or estimated cost, including finance charged to the town of constructing or improving the public works referred to in section 414 that are necessary for the real property to be developed in accordance with the standards required by the council and are permitted on that real property.

1979 c33 s408

416. A service levy shall be assessed on the real property based on

(a) the amount of real property benefited by the public work related to all the real property benefited; and

(b) the density of development made capable or increased by the public work.

1979 c33 s409

417. A service levy in relation to the real property shall be paid

(a) at the time the levy is imposed;

(b) at the time development of the real property starts;

(d) at another time that the council may decide.

1979 c33 s410

418. (1) A service levy attaches to the real property in respect of which it has been made for a period not exceeding 6 years from the date when it was due except where the real property is sold for taxes, arrears in an assessment, or arrears of a service levy.

1979 c33 s411

419. Arrears in a service levy may be collected in addition to the other methods of collection provided for in this Act by action in the name of the council as a civil debt due to the council.

1979 c33 s412

PART IV
GENERAL MATTERS
DIVISION A - COUNCIL
Back to Top Remuneration and expenses

420. Notwithstanding sections 97 and 401, a council

(a) may pay to the chairperson, deputy chairperson, mayor, deputy mayor and other councillors the annual or other remuneration that may be agreed upon by the council as determined by a 2/3 vote of all the councillors and in accordance with the regulations; and

(b) may by a vote of the majority of the councillors reimburse the chairperson, deputy chairperson, mayor, deputy mayor and other councillors for reasonable expenses incurred by them in the conduct of municipal business.

1979 c33 s413

421. (1) The Lieutenant-Governor in Council may make regulations

(a) setting out a scale of remuneration for chairpersons, deputy chairpersons, mayors, deputy mayors and councillors; and

(b) setting out rules as to the amount of reimbursement for expenses, that may be paid out under paragraph 420(b).

(2) Payments made under subsection (1) are to be made out of the funds of the council and are not to be considered as salary or remuneration in respect of which the office of a councillor shall be declared vacant by resolution of the council.

1979 c33 s414

422. (1) A councillor shall not vote on or speak to a matter before the council or a committee of the council where

(a) the councillor has an interest in the matter distinct from an interest arising from his or her functions as a councillor;

(b) the councillor has a monetary interest directly or indirectly in the matter; or

(d) the councillor is an officer, employee or agent of an incorporated or unincorporated company, or other association of persons, that has an interest in that matter.

(2) For the purpose of subsection (1) a relative in relation to a councillor means a father, mother, spouse, sister, brother, child, step-child, ward, mother-in-law, father-in-law, sister-in-law or brother-in-law of the councillor.

1979 c33 s415; 1987 c13 s16

423. In order for an interest to be considered as one falling within the prohibition set out in subsection 422(1) it shall be an interest distinct from an interest held in common with the other citizens or class of citizens of the municipality.

1979 c33 s416

424. (1) Where a councillor has an interest as set out in section 422 the councillor shall state that he or she has that interest and the nature of the interest at the beginning of discussion on the matter in which he or she has that interest.

(2) Where the councillor declaring a conflict of interest under subsection (1) is the presiding officer he or she shall vacate the chair.

(3) Where the councillor declaring a conflict of interest under subsection (1) does so at a privileged meeting he or she shall leave that meeting while the matter on which he or she has a conflict of interest is being discussed.

1979 c33 s417

425. (1) Where a councillor is in doubt as to whether he or she has an interest that is a conflict of interest under section 422 he or she shall make a disclosure and the council may decide the question by majority vote and its decision on the matter is final.

(2) The vote of the councillor whose possible conflict of interest is being voted on shall not be included for the purpose of determining the majority vote.

1979 c33 s418; 1982 c55 s35

426. (1) A council may provide that its councillors and those of its employees that it may designate complete a disclosure statement in a form prescribed by the council setting out, in the manner that the council prescribes, the interest of a councillor and employee that may place him or her in a conflict of interest.

(2) A council may provide that disclosure statements filed under subsection (1) by the councillors be made available for public access.

1979 c33 s419

427. (1) The decision of the presiding officer on a point of order is subject to an appeal to the council that is to be decided without debate.

(2) The procedure for appealing a decision on a point of order is as follows:

(a) the councillor wishing to appeal the ruling shall state: "I appeal the ruling of the presiding officer.";

(b) the presiding officer shall then immediately put the question, without debate, as follows: "It is moved that the presiding officer's ruling be upheld."; and

1979 c33 s420

428. A majority of the number of councillors that may be elected or appointed for a municipality constitute a quorum for the purpose of a meeting of the council.

1979 c33 s421

429. Where the number of councillors holding office is less than a quorum, the clerk shall within 24 hours notify the minister of that fact and the minister may authorize the councillors remaining in office to perform those functions of the council that he or she may prescribe.

1979 c33 s422

430. (1) A disputed question before a council is to be decided by a majority vote of the councillors in attendance at the meeting.

(2) Notwithstanding subsection (1), where a councillor abstains from voting on a disputed question a decision is not to be taken on that question unless the number of councillors in favour of the question is equivalent to or more than a majority of the councillors in attendance at the meeting.

1979 c33 s423

431. Where there is a tie vote on a question, the question shall be raised at the next meeting of the councillors and where the vote on the question at that meeting is a tie vote the question shall not be raised within the 3 months following that meeting.

1980 c43 s5

432. (1) A council shall adopt rules of procedure for its meetings.

(2) The minister may provide a model set of rules of procedure that councils may adopt or vary.

1979 c33 s425

433. (1) A meeting of a council is open to the public, unless it is held as a privileged meeting or declared by vote of the councillors present at the meeting to be a privileged meeting.

(2) Where a meeting is held as a privileged meeting or declared to be a privileged meeting all members of the public present at the meeting shall leave.

(3) Where a decision is made by the councillors at a privileged meeting, the decision, in order to be valid, shall be ratified at a public meeting of the council.

1979 c33 s426

434. (1) Where a council decides the positions of permanent employees of the council are redundant as a result of an order annexing 1 municipality or a part of 1 municipality to another municipality, the permanent employees shall be offered permanent employment with comparable seniority, pay and benefits by the municipality to which the municipality or part of the municipality is annexed.

(2) The transfer of employees to a municipality under subsection (1) shall not result in a direct loss of payment or benefit to a permanent employee of the municipality to which employees are transferred.

(3) Where there is a dispute in relation to the transfer of employees, the minister may by order determine what positions are redundant and make those other directions as to transfers that may be necessary, including an earlier or later date from which that order shall be made effective.

1981 c48 s12

435. (1) Where, in the opinion of the council or chairperson or mayor, an emergency exists because of

(a) a disaster;

(b) a snowstorm or flood; or

the council, chairperson or mayor may declare a state of emergency in the municipality or part of the municipality.

(2) Where a state of emergency is declared under subsection (1) the council, chairperson or mayor may order

(a) the closing of or the hours of operation of businesses and schools or a class of businesses and schools, in the municipality;

(b) the banning or controlling of public gatherings;

(d) the restriction or prohibition of the use of vehicles or a class of vehicles on the streets of the municipality; or

(e) the restriction or prohibition of the use of water in the municipality.

1979 c33 s427

436. (1) All regulations made by a council under this Act shall be adopted by resolution of the council.

(2) A copy of all regulations passed by the council and certified by the clerk shall be sent to the minister by the clerk within 14 days of their adoption by the council.

1979 c33 s428

437. A council may, by regulation, require the obtaining of permits or licences in respect of anything that may be done or may be permitted to be done under this Act or regulations made under this Act, and may

(a) fix the fees payable for those permits and licences;

(b) provide for conditions to be attached to those permits and licences;

(d) provide for the length of a permit and licence and the revocation of the permit and licence.

1979 c33 s429

438. The execution of public works, the acquisition of goods or services and the leasing of space by the council shall be in accordance with the Public Tender Act and for the purpose of this section "public works" and "goods or services" have the same meaning as in the Public Tender Act.

1984 c36 s17

439. (1) The following documents shall be retained by the clerk and made available for public inspection during the normal business hours of the council:

(a) minutes of the council;

(b) assessment and tax rolls;

(d) voter's lists;

(e) official plans;

(f) opened public tenders;

(g) financial statements;

(h) auditor's reports;

(i) budgets;

(j) contracts;

(k) orders;

(l) permits and licences; and

(m) all other documents adopted at a public meeting by minute of council.

(2) A person making an inspection under subsection (1)

(a) shall not remove the document from the place where it is located, or interfere with an employee of the council in the performance of his or her duties; and

(b) may make extracts from the documents, and may, where the council has copying equipment, have a copy made of the documents upon payment of a fee that may be prescribed by the council.

1979 c33 s434; 1982 c55 s37

440. Where an action has begun in a court and the clerk is satisfied or the court has ordered that an extract from a document in the possession of or under the control of the clerk is required in evidence in the action, the clerk shall, upon payment of a charge that may be prescribed by the council, provide to the person requiring the extract a certified copy of the extract with the seal of the council attached to the extract.

1979 c33 s435

441. An extract provided under section 440 purporting to be certified by the clerk and having the seal of the council attached to it shall be received in evidence as presumptive proof without proof of the appointment or signature of the clerk or the seal of the council.

1979 c33 s436

442. (1) All deeds and documents to which the council is a party and to which a seal is necessary are to be authenticated by the seal of the council.

(2) The chairperson or mayor, and the clerk, when authorized by the council shall sign the deeds and documents referred to in subsection (1).

(3) Where a chairperson, mayor or clerk disqualified himself or herself from acting as a signatory to a deed or other document to which the council is a party, the council shall appoint a councillor to act as a signatory in the place of the person who disqualifies himself or herself.

1979 c33 s437; 1987 c13 s17

443. (1) An action shall not be started against the council or against an employee, servant, agent or contractor of the council for anything done under this Act, until 1 month after written notice has been delivered to the clerk or left at the place of meeting of the council by the party who intends to institute the action or by his or her attorney or agent.

(2) The cause of action, the name and place of residence of the party and the name and place of residence of his or her attorney or agent are to be clearly set out in the notice made under subsection (1).

1979 c33 s438

444. A council may act as the agent of the Government of Canada or the province, or another municipality, for the management of property in the municipality owned or leased by that government or municipality, by agreement with that government or municipality.

1979 c33 s439

445. A council may enter into an agreement with the government of the province, another municipality or other body 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.

1979 c33 s440

446. (1) A council may, by a vote of 2/3 of the councillors in office, hold a plebiscite in the municipality for the purpose of determining the views of the voters in the municipality and may

(a) set the date for the holding of the plebiscite; and

(b) define the question to be voted on in the plebiscite.

(2) A plebiscite shall be held in accordance with Part V of this Act, with the necessary changes.

1979 c33 s441

447. A council may contract to do work, supply goods or provide a service not authorized for the council under this Act where it has equipment, staff or goods surplus to its needs and charges normal commercial rates for the work, goods or service, so long as the service is not otherwise ordinarily provided by a person.

1979 c33 s442; 1982 c55 s38; 1987 c13 s18

448. A person who

(a) contravenes or fails to comply with this Act or a regulation or order made under this Act; or

(b) tears down, removes or damages a regulation, order or notice posted by a council

is guilty of an offence and liable on summary conviction, where a penalty is not otherwise provided, to a fine of not less than $50, and not exceeding $1,000 or in default of payment to a period of imprisonment not exceeding 90 days, or to both a fine and period of imprisonment.

1979 c33 s443; 1990 c45 s11

449. The conviction of a person under section 448 does not operate as a bar to further prosecution for the continued failure on the part of that person to comply with the Act, regulation or order.

1979 c33 s444

450. In all proceedings in a court of summary jurisdiction to which the council is a party, it may be represented by an employee of the council or by any of the councillors.

1979 c33 s445

451. (1) Prosecutions for offences under this Act may be carried out by a council or its agent or a constable, notwithstanding section 84 of the Law Society Act.

(2) For the purpose of this section a constable includes a municipal enforcement officer and a regional police officer and a traffic officer under the Highway Traffic Act.

1979 c33 s446

452. A fine recovered under this Act shall be forwarded by the court imposing the fine to the council to which it relates.

1979 c33 s447

DIVISION B - EXPROPRIATION
Back to Top Expropriation

453. The council may with the approval of the minister expropriate land, or property or interest in the land or property in accordance with this Act for the use of the council for the purpose of the powers given to it under this Act or incidental to this Act where

(a) the party who owns the land or property or an interest in the land or property refuses to accept the sum offered in writing by the council;

(b) the party who owns the land or property or an interest in the land or property is incapable of conveying the land or property or his or her interest, or cannot be found in the province or is not known;

(d) for another reason the council considers it advisable to do so.

1979 c33 s448

454. The council may, by a person authorized for that purpose, ascertain and delimit the land or property or interest in the land or property to be expropriated and for that purpose the authorized person has the right to enter upon the land or property to ascertain, measure and obtain a plan and description of it.

1979 c33 s449

455. (1) The council shall notify the owner in writing that the land or property, which land or property shall be delimited or described in the notice, is required and is to be expropriated under this Act.

(2) Ten days after the service of the notice of expropriation on the owner, or, where the owner is incapable of conveying the land or property or his or her interest in the land or property, or cannot be found in the province or is not known, or where for another reason personal service cannot be conveniently affected, then 10 days after the posting up of notice of expropriation in a conspicuous place upon the land or property, the land or property vests in the council and the council may immediately enter upon the land or property and take possession of it.

1979 c33 s450

456. (1) The council shall make compensation to the owner of land or property or interest in the land or property expropriated under this Act or to the owner of land or property injuriously affected by the expropriation made under this Act.

(2) An advantage which the owner of the expropriated land or property may derive or is likely to derive directly or indirectly from the contemplated work and operation for which the expropriation has taken place is to be taken into account in reduction of the compensation paid under subsection (1).

1979 c33 s451

457. (1) The amount of compensation to be paid under section 456 is to be ascertained by a board of assessors consisting of a chairperson and 2 other assessors.

(2) The council shall appoint 1 assessor.

(3) The council shall by written notice require the owner of land or property or interest in the land or property that has been expropriated or injuriously affected to appoint an assessor and the owner shall, within 30 clear days after the date of the notice, appoint 1 assessor.

(4) Where the owner of the land or property or interest in the land or property that has been expropriated or injuriously affected cannot be found or the council does not know who the owner is, the council may appoint an assessor in addition to the assessor appointed by it under subsection (2).

(5) Where the owner of the land or property or interest in the land or property that has been expropriated or injuriously affected refuses or neglects to appoint an assessor within the time set out in subsection (3), or is incapable of appointing an assessor, the council may apply to a judge of the Trial Division who, after notice to the owner that appears appropriate, or without notice to the owner where it appears to him or her to be desirable to dispense with that notice, shall appoint the owner's assessor.

(6) The assessors appointed under this section shall appoint a 3rd assessor to be chairperson of the board of assessors.

(7) Where the 2 assessors fail to appoint the chairperson of the board of assessors after 7 clear days' notice in writing from the council or the owner to make that appointment, a judge of the Trial Division shall, on the application either of the council or the owner, appoint the chairperson.

1979 c33 s452

458. (1) When the council decides to expropriate more than 1 piece of land or property belonging to different owners in a particular area, and the council and an owner do not agree upon the amount of compensation, the amount to be paid every owner with whom agreement cannot be reached is to be ascertained by a board of assessors to be appointed in accordance with section 457.

(2) For the purpose of section 457, "owners" means the majority of owners with whom agreement cannot be reached under subsection (1).

1979 c33 s453

459. Each member of a board of assessors 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:

"I, A. B., swear (affirm) that I will to the best of my ability faithfully perform the duties of a member of a board of assessors appointed under the Municipalities Act, in connection with the expropriation of land or property by the _____________________________ council." (Where an oath is taken, add "So help me God".).

1979 c33 s454

460. The board of assessors are considered to be assessors and not arbitrators and their finding or the finding of 2 of them is considered to be the award of the board of assessors and is final and binding on the parties.

1979 c33 s455

461. The board of assessors

(a) may administer oaths to the parties and the witnesses appearing before them and take their affirmations; and

(b) may correct in an award a clerical mistake or error arising from an accidental slip or omission.

1979 c33 s456

462. (1) The council or an owner of land or property that has been expropriated under this Act may, within 30 days after the date of an award of a board of assessors, give to the other party notice of an appeal to the Court of Appeal against the findings of the board of assessors upon a question of law or fact in connection with the expropriation or upon the question of the amount of compensation awarded by the board of assessors.

(2) Costs of an appeal under subsection (1) may be awarded by the Court of Appeal for or against the council.

1979 c33 s457

463. (1) An award of the board of assessors is not invalid because of a want of form or other technical objection where this Act has been substantially complied with and where the award states clearly the compensation awarded and clearly indicates the lands or property in respect of which the compensation has been awarded.

(2) The board of assessors may name in the award the person to whom compensation is to be paid but the lands or property in respect of which the award has been made are to be clearly indicated.

1979 c33 s458

464. The award of the board of assessors is to be in writing and shall be made within 60 days of the appointment of the board, unless that period is extended by the council, and immediately upon being made, shall be delivered to the council.

1979 c33 s459

465. (1) The amount of compensation awarded by the board of assessors shall be paid within 6 months of the date of the award.

(2) Where the compensation is not paid within 30 days of the date of the award, it bears interest at the rate of 5% a year until the date of payment.

1979 c33 s460

466. (1) Where land or property expropriated under this Act is subject to a lease or sublease for a term of not less than 1 year, the board of assessors shall apportion the compensation fixed in respect of the land or property between the lessor, lessee and sublessee or their assigns in the manner that the board of assessors may decide.

(2) Where part only of land or property subject to a lease described in subsection (1) is expropriated, the board of assessors shall apportion the rent payable in respect of the land or property between the land or property expropriated and the residue of the land or property, and after the apportionment, the lessee and sublessee or their assigns are liable, as to all future accruing rent, only for so much of the rent as is apportioned in respect of the land or property not expropriated.

(3) With respect to the land or property not expropriated as set out in subsection (2), the lessor shall have all of the same rights and remedies against the lessee, sublessee, or their assigns for the recovery of the portion of the rent, as he or she had previously to the apportionment for the recovery of the whole rent reserved by the lease, and all of the covenants, conditions and agreements of the lease, except as to the amount of rent to be paid, remain in force with regard to that part of the land or property that is not expropriated in the same manner as they would have done, as if that part of the land or property had been included in the lease or sublease.

1979 c33 s461

467. (1) Where land or property is expropriated, and the board of assessors is of the opinion that the owner of the land may be properly indemnified by having a portion of land assigned to him or her from land of the council adjoining the land or property expropriated, the board of assessors may, with the consent of the council, mark off so much of the adjoining land of the council as appears sufficient to the board of assessors to replace the land taken by expropriation.

(2) The land or property marked off under subsection (1), and consented to by the council, is considered to be an award by the board of assessors, and upon transfer of the land or property by the council to the party whose land has been expropriated, is considered to be full compensation under this Act.

1979 c33 s462

468. (1) The board of assessors may award costs in respect of a hearing before them under this Act, but the costs shall be taxed by a taxing officer of the Supreme Court in accordance with the lower scale of costs in the Rules of the Supreme Court.

(2) Where

(a) the compensation awarded by the board of assessors is greater than the sum that the council offered in writing in respect of the land that was expropriated or injuriously affected, the council shall pay the costs and expenses of the hearing before the board of assessors and the fees of that board provided for in this Act;

(b) the compensation awarded by the board of assessors does not exceed the sum offered, the person who refused the offer shall pay the costs and expenses of the hearing and fees of the board of assessors; and

(c) in respect of land expropriated or injuriously affected, no sum was offered before expropriation, the costs and expenses of the hearing and fees of the board of assessors shall be paid by the party designated by the board of assessors.

1979 c33 s463

469. (1) The council shall fix the fees to be paid to the members of the board of assessors and may enter into an agreement with the members for the payment to them of a fixed amount for their fees.

(2) The execution of an agreement under subsection (1) is a full discharge of all claims by the members of the board of assessors for remuneration under this Act.

1979 c33 s464

470. A register containing the particulars of all expropriations under this Act and of the notices and awards served, posted up or made in connection with those expropriations shall be kept by the council.

1979 c33 s465

471. (1) A notice of expropriation may be given under this Act where an agreement as to the compensation to be paid or given subject to proof of title, has been made between the person who, in the opinion of the council, is the apparent owner of the land and the council.

(2) Where a notice of expropriation is given under subsection (1), it shall be posted in a conspicuous place on the land in addition to the notice of expropriation being served on the person who is the apparent owner.

(3) Where land is expropriated under subsection (1), no reference shall be made to the board of assessors, where the apparent owner establishes his or her title, and where it is found that the apparent owner is not the true owner, compensation is to be assessed and paid to the true owner in accordance with this Act.

1979 c33 s466

472. (1) A copy of the notice of expropriation upon which is endorsed or to which is attached an affidavit or a certificate of oath or affirmation in proof of service of the notice upon the owner or of the posting of the notice in accordance with this Act, may be registered in accordance with the Registration of Deeds Act without proof for registration and without payment of fees.

(2) The provisions of the Registration of Deeds Act relating to proof for registration of an instrument applies to proof of service or of posting up of the notice as if the person serving or posting it was the signing witness to the execution of the instrument.

(3) The registration of the copy of the notice with the affidavit or certificate attached has the same effect as the registration of an instrument under the Registration of Deeds Act, and for the purpose of section 10 of that Act, the council is considered to be a purchaser for valuable consideration.

(4) Entry by the Registrar of Deeds in the index to the books of the Registry of Deeds of

(a) the name of the person upon whom the notice is served or upon whose land or property the notice is posted and of the council as the parties;

(b) the place where the land or property to which the notice relates is situated;

(d) the date of the service or posting of the notice; and

(e) the place of registration

constitutes compliance with section 29 of the Registration of Deeds Act.

(5) Where the name of the owner of the land is not known an entry to that effect is to be made in the index of the Registry of Deeds.

1979 c33 s467

473. (1) Nothing in this Act requires the council to make compensation or transfer another matter provided by compensation under this Act, until the time that the owner has established his or her title to the reasonable satisfaction of the council.

(2) Where a notice of expropriation is served under this Act, it is the duty of the person on whom it is served to submit to the council his or her title deeds and plans of his or her land or property that are available to him or her and to provide the council with information that it may reasonably require in connection with the title to the land or property.

(3) Where the owner delays in providing his or her title deeds or plans or in providing necessary information to the council, the period stated in this Act within which the compensation or matter is required to be paid or transferred or the finding of the board of assessors is otherwise required to be carried out, is considered to be extended by the period of delay made by the owner.

1979 c33 s468

474. (1) Where the owner of land or property expropriated under this Act

(a) refuses to accept the compensation awarded in respect of the land or property;

(b) neglects or fails to make out a title to the land or property or to the interest in the land or property claimed by him or her to the satisfaction of the council;

(c) refuses to execute a document or receipt of indemnity in respect of the land or property as required by the council; or

(d) is absent from the province or cannot after inquiry be found,

the council may pay the compensation payable in respect of the land or property or an interest in the land or property into the Supreme Court, subject to the control and disposition of that court in accordance with this Act.

(2) Where the person to whom compensation is payable under this Act

(a) is under a disability;

(b) is a partial or qualified owner of the land or property or interest in the land or property expropriated under this Act; or

the compensation payable may be paid by the council into the Supreme Court under subsection (1).

(3) Following payment into court under subsection (1) or (2)

(a) the Registrar of the Supreme Court shall give the council a receipt for the compensation money, which constitutes a valid discharge to the council in respect of liability to make further compensation for the land, property or interest in the land or property; and

(b) the council does not incur liability to pay interest on the compensation paid into court.

1979 c33 s469

475. (1) Where compensation is paid into the Supreme Court under this Act, the Registrar of the Supreme Court shall pay it to a person establishing his or her claim to it or a portion of it according to law, who fulfils all of the terms and conditions applying to him or her under this Act.

(2) Where a claim to the compensation referred to in subsection (1) is not established in accordance with this Act before the expiration of 3 years from the date on which it was paid into court, the Registrar of the Supreme Court shall, on the expiration of that period, return the amount of the compensation to council together with all interest accrued on the compensation.

(3) Following the return of the compensation under subsection (1), the claim of a person against the council or a person acting under it in respect of the land or property or interest in it, on account of which the compensation was paid into court, is extinguished.

1979 c33 s470

476. (1) The council may sell or otherwise dispose of land or property acquired by expropriation, agreement or gift on those conditions and for the consideration that it thinks appropriate, so long as the sale or disposition is for the purpose for which the land or property was acquired.

(2) With the approval of the minister, the council may sell or otherwise dispose of land or property acquired by expropriation, agreement or gift on the conditions and for the consideration that it thinks appropriate notwithstanding that the sale or disposition is for a purpose other than that for which the land or property was acquired.

1979 c33 s471

DIVISION C - ADMINISTRATION AND
RECEIVERSHIP
Back to Top Appointment of comptroller

477. Where a municipality

(a) defaults in the payment of the whole or a part of the principal of or interest upon a loan, bond or debenture issued or made to the council by the Crown or guaranteed by the Crown;

(b) is, in the opinion of the minister, in serious financial difficulty; or

the minister may appoint a comptroller of the municipality and prescribe his or her duties.

1979 c33 s472

478. (1) Where a comptroller has been appointed under section 477 the council, or a person acting for the council, shall not, without the prior written approval of the comptroller, spend money, incur an expenditure, or enter into an agreement that may commit the council to an expenditure of money and the comptroller shall countersign all cheques issued by the municipality.

(2) A councillor who votes in favour of an expenditure, the incurring of an expenditure or an agreement contrary to subsection (1) and another person who contravenes or fails to comply with that subsection is guilty of an offence and in addition to liability to prosecution under this Act is personally liable jointly and individually with the other councillors or persons for the payment back to the council of money spent or payment of an expenditure incurred or financial commitment entered into contrary to that subsection.

1979 c33 s473

479. Where the comptroller recommends to the minister, the minister may order the council to issue a cheque to meet those payments that the minister lists in the order.

1979 c33 s474

480. (1) Where a municipality is, in the opinion of the minister, in serious financial difficulty and the Lieutenant-Governor in Council considers it in the best interests of the municipality and its residents that its affairs be conducted by an independent administrator, the minister may by order appoint an administrator.

(2) Where the minister may appoint an administrator he or she may by order appoint in its place a commission of administration of 3 persons, and shall designate 1 member to be chairperson and convenor and another to be deputy chairperson and deputy convenor.

(3) A reference in this Act to an administrator shall be considered to be a reference to an administrator or to a commission of administration.

1979 c33 s475; 1982 c55 s39

481. Upon the appointment of the administrator, the council of the municipality is retired from office and may no longer act for or on behalf of the municipality or exercise the functions, powers, or authority vested in the council.

1979 c33 s476

482. (1) The administrator may exercise the powers and authority of the council he or she replaces and is subject to the restrictions and responsibilities of the council.

(2) The administrator may dismiss any of the officers and employees of the municipality.

1979 c33 s477

483. (1) The officers of the municipality shall pass over to the administrator at his or her request all money, securities, evidences of title, books, assessment rolls, tax rolls, bylaws, papers and documents, belonging to or relating to the affairs of the municipality, that they have in their possession or under their control.

(2) A person who fails to comply immediately with a request of the administrator under subsection (1) is guilty of an offence and liable on summary conviction to a fine not exceeding $100 and in default of payment to imprisonment for a term not exceeding 3 months.

1979 c33 s478

484. (1) The administrator shall submit a budget in a form prescribed by the minister, within 3 months of his or her appointment.

(2) The minister may approve or amend the budget and the administrator shall only make expenditures within the budget as finally approved.

1979 c33 s479

485. The minister may appoint a local committee of 2 persons who pay taxes to the municipality with whom the administrator may consult with reference to the affairs of the municipality.

1979 c33 s480

486. The administrator shall appoint all employees necessary for the requirements of the municipality and shall fix the amount of the salary to be paid to each employee.

1979 c33 s481

487. (1) For the purpose of realizing upon the outstanding assets of the municipality, comprising arrears of taxes and other liquid assets at the time of his or her appointment, the administrator has the powers that the council previously had and shall use lawful means to realize the assets.

(2) Money received from the realization of the assets shall be devoted towards the payment of the then existing liabilities of the municipality in the manner and to the extent that the minister may determine.

1979 c33 s482

488. The minister may decide the rate of taxation for a municipality under administration.

1979 c33 s483

489. (1) The administrator shall keep correct books of account relating to the affairs of the municipality showing the financial condition of the municipality.

(2) The minister or a person authorized by him or her may examine and inspect the books of account.

(3) The books of account shall be audited in the manner prescribed by sections 82 to 89.

1979 c33 s484

490. The administrator shall keep a correct record of all the proceedings taken by him or her relating to the affairs of the municipality.

1979 c33 s485

491. The administrator shall at least once a month provide the minister with statements showing the assets and liabilities and the financial condition of the municipality for the preceding month.

1979 c33 s486

492. All rules and regulations in force in the municipality immediately before the appointment of the administrator remain in force until amended or revoked by him or her with the approval of the minister.

1979 c33 s487

493. The minister shall pay to the administrator out of the funds of the municipality the sum for his or her services and those travelling and other expenses that the minister may determine.

1979 c33 s488

494. (1) Where the Lieutenant-Governor in Council considers it advisable that the affairs of the municipality be again conducted by a council, the Lieutenant-Governor in Council may revoke the appointment of the administrator and provide for the election or appointment of a new council for the municipality.

(2) Where a new council has been elected or appointed the administrator shall pass over to the mayor the records of the municipality.

1979 c33 s489

495. Where the Lieutenant-Governor in Council has reason to believe that a municipality is insolvent or is in imminent danger of insolvency and that it is in the best interest of the municipality and its creditors that the municipality be disbanded and its affairs wound up, or that the municipality is disestablished, the Lieutenant-Governor in Council may, by order, disband the municipality and appoint a receiver.

1990 c45 s12

496. Upon the effective date of an order made under section 495, the municipality is disbanded or disestablished and the council or the administrator and all officers of the municipality are retired from office and are no longer qualified to act for or on behalf of the municipality or to exercise the functions, powers, and authority vested in the council, or the administrator, and the officers.

1979 c33 s491; 1990 c45 s13

497. The receiver is subject to the direction of the minister in all things concerning the performance of his or her duties.

1979 c33 s492

498. (1) The former officers of the municipality or the former administrator shall pass over to the receiver at his or her request all money, securities, evidences of title, books, assessment rolls, tax rolls, by-laws, papers and documents, belonging to or relating to the affairs of the municipality, that they have in their possession or under their control.

(2) A person who fails to comply immediately with a request of a receiver under subsection (1) is guilty of an offence and liable on summary conviction to a fine not exceeding $100 and in default of payment to imprisonment for a term not exceeding 3 months.

1979 c33 s493

499. Upon his or her appointment the receiver

(a) shall realize upon all the assets of the municipality comprising arrears of taxes and other liquid assets possessed by the municipality; and

(b) shall, with the approval of the minister and in the manner prescribed by him or her, sell or otherwise dispose of the property of the municipality and execute in the name of and on behalf of the municipality all deeds, conveyances, transfers, assignments, receipts and other documents, and for that purpose use where necessary the seal of the municipality.

1979 c33 s494

500. (1) The receiver shall keep proper and correct books of account relating to the affairs of the municipality, showing the true financial condition of the municipality.

(2) The minister or a person authorized by him or her may inspect the books of account.

(3) The books of account shall be audited in the manner prescribed by sections 82 to 89.

1979 c33 s495

501. The receiver shall keep a correct record of all the proceedings taken by him or her relating to the affairs of the municipality and shall give the minister a full statement upon completion of his or her duties.

1979 c33 s496

502. (1) Money realized by the receiver shall be applied by him or her in payment of the liabilities of the municipality as far as circumstances permit, after paying the costs and expenses incidental to the receivership or the disestablishment, including the remuneration of the receiver, in the following order of priority:

(a) in payment of salaries to officers of the municipality up to the time of the disbanding or disestablishing of the municipality;

(b) in payment of amounts owing to the province by the municipality; and

(2) A surplus remaining after the payment of the liabilities of the municipality shall be paid into the Consolidated Revenue Fund by the receiver.

1979 c33 s497; 1990 c45 s14

503. The receiver shall be paid out of the funds of the municipality the sum for his or her services and the travelling and other expenses that the minister may determine.

1979 c33 s498

PART V -
ELECTION PROCEDURES
Back to Top Interpretation

504. (1) In this Part

(a) "clerk" means the town clerk and regional clerk;

(b) "court" means the Trial Division;

(d) "councillor" means a town councillor or regional councillor and includes a mayor or chairperson;

(e) "judge" means a judge of the court;

(f) "mayor" includes a chairperson; and

(g) "municipality" means a town or region.

(2) Where in the opinion of the minister, the area of a municipality is likely to be larger on polling day than it is when an enumeration is conducted, the term "the municipality" shall be construed to mean that larger area for the purpose of preparing the list of voters or determining the qualifications of candidates or voters.

(3) Nothing in this Act shall be construed so as to permit a person who on polling day is not ordinarily resident within the boundaries of the municipality on that day to be a voter or to be a candidate.

1979 c33 s499; 1981 c48 s13; 1986 c42 Sch B

505. Where in this Part expressions are used requiring or authorizing an act or thing to be done in the presence of the agents of the candidates,

(a) they are considered to refer to the presence of those agents of the candidates that are authorized to attend and that have in fact attended at the time and place where the act or thing is being done; and

(b) the non-attendance of an agent at the time and place does not invalidate the act or thing where it is otherwise done.

1979 c33 s500

DIVISION A - ELECTIONS GENERALLY
Back to Top General elections

506. (1) General elections shall take place under this Part every 4 years on the 2nd Tuesday of November in that year.

(2) Where the date for holding an election falls on a statutory holiday the election shall be held on the next following day that is not a holiday.

(3) The minister may, by order,

(a) defer a general election with respect to 1 or more municipalities for periods not exceeding 1 year in total; and

(b) defer the general election to be held under subsection (1) for periods not exceeding 3 months in total.

(4) Notwithstanding subsection (1), a general election shall not take place in a municipality where a council has been elected for that municipality within 1 year of the date of the general election.

1979 c33 s501

507. (1) The minister may order the holding of an election or by-election for a municipality on a day set out in the order and may appoint a returning officer to conduct that election.

(2) An election or by-election held under subsection (1) is to be held in the same manner as another election or by-election held under this Part.

(3) Where an election or by-election is ordered to be held under subsection (1) the council or councillors affected by that order continue to hold office until the councillors elected to succeed them are sworn into office.

(4) Where a by-election is held under subsection (1) the councillor elected holds office for the unexpired term of the councillor whom he or she replaces.

(5) The minister may, by order, defer an election or by-election ordered to be held under this section for periods not exceeding 1 year in total.

1979 c33 s502

508. (1) When a vacancy occurs in the office of a councillor or the number of councillors is increased prior to 12 months before the expiration of the term of office of the council, the council shall order a by-election for a councillor to hold office for the unexpired term of the council.

(2) A by-election held under subsection (1) shall be held in the same manner as an election held under this Part, and shall take place within 3 months of the vacancy or increase in the council.

(3) A council may, with the approval of the minister, defer a by-election to be held under this section for a period not exceeding 1 year in total.

(4) Where no person is nominated for a by-election held under subsection (1) and the minister does not appoint a person to fill the vacancy or does not reduce the number of councillors within 1 month of nomination day, the council shall call a new by-election under this section.

(5) Where a by-election is held as a result of an increase in the number of councillors to represent an area added to a municipality the qualifications of voters and candidates in that area is to be determined as if the by-election is the 1st election held after the establishment of the town.

1979 c33 s503

509. (1) A person is not qualified to serve as a councillor and shall not take or sign the oath or affirmation of office, unless he or she is qualified to be elected as councillor and has been declared to be so elected, in the manner authorized by this Act, unless he or she has been appointed as a regional councillor.

(2) Each councillor shall, before entering on the duties of his or her office, take and sign the following oath or affirmation of office before the returning officer, clerk, justice of the peace or commissioner for oaths:

"I, A.B., swear (affirm) that I am fully qualified as required by law for the office of councillor of the town of _______________________________ and that I will to the best of my ability faithfully perform the duties of councillor while I hold office." (Where an oath is taken, add "So help me God".).

(3) Where a person takes the oath or affirmation of office, the clerk shall enter a certificate in the minute book of the council that the oath or affirmation has been taken by that person.

(4) In the case of a 1st election, where a clerk has not been appointed, the person before whom the oath or affirmation is taken shall retain the oaths of office for transmittal to the clerk when he or she is appointed.

1979 c33 s504

510. The term of office of all councillors, whether elected or appointed, expires when the number of newly elected councillors sufficient to constitute a quorum are sworn into office.

1979 c33 s505

511. (1) Where, in an election or by-election held under this Act

(a) no candidates are nominated;

(b) fewer candidates are nominated than there are councillors to be elected; or

(c) for another reason the number of councillors to be elected is less than that provided for in an election or by-election

the minister may, after the date fixed for nomination day appoint as many councillors as is necessary to bring the council up to the number provided for the council.

(2) A councillor appointed under subsection (1) holds office for the same term as he or she would have served had he or she been elected as a councillor by the election or by-election.

1979 c33 s506; 1982 c55 s40

512. (1) Where the number of councillors holding office is less than a quorum the minister may appoint a sufficient number of councillors to make a quorum.

(2) A councillor appointed under subsection (1) holds office until the expiration of the term of office of the councillors who held office on his or her appointment.

1979 c33 s507

513. (1) The office of a councillor becomes vacant

(b) where he or she is a member of a council of a municipality that is dismissed under the Department of Municipal and Provincial Affairs Act, or where he or she is dismissed as a member of such a council; or

(2) The council shall, by resolution, declare vacant the office of an elected councillor where he or she

(a) fails to disclose that he or she has a conflict of interest in a matter being discussed by the council;

(b) stops being ordinarily resident in the municipality;

(d) becomes indebted to the council for arrears of taxes for a prior year;

(e) without leave of the council,

(i) neglects to be sworn into office within 2 months after his or her election, or

(ii) does not attend meetings of the council for 3 successive months; or

(f) accepts without the prior approval of the minister an office or employment under the council to which a salary or remuneration not including an honorarium payable out of the funds of the council is attached.

(3) A councillor in respect of whom a resolution is made under subsection (2) may not vote on that resolution.

1979 c33 s508; 1982 c55 s41

514. (1) A councillor who is aggrieved by a resolution made under subsection 513(2) may appeal to a judge of the Trial Division by filing a notice of appeal in the registry of the Supreme Court within 21 days of the date on which the resolution was made and upon paying into the court that sum, or upon giving a bond for that sum, that the judge considers sufficient to defray the costs of the appeal.

(2) A copy of the notice of appeal shall be filed with the clerk by the appellant or his or her solicitor.

(3) The notice of appeal shall set out in detail the allegations of the appellant and the grounds of the appeal and is to be signed by the appellant or his or her solicitor.

(4) The appellant shall, within 14 days after the service of the notice of appeal under this section, apply to the judge for the appointment of a day for the hearing of the appeal and shall, not less than 14 days before the hearing of the appeal, serve in the Registry of the Supreme Court a written notice of the day appointed for the hearing.

(5) The clerk shall produce before the judge all papers and documents in the possession of the council relevant to the appeal.

(6) The judge shall hear the appeal and the evidence brought forward by the appellant and the council in a summary manner and shall decide the matter of the appeal by

(a) upholding, amending or revoking the resolution after consideration of the applicability of the matters set out in subsection 513(2) to the appeal; or

(b) making another decision that he or she considers to be appropriate in the circumstances.

(7) The judge may make an order as to costs either for or against the appellant or the council, and may fix the amount of the costs.

1979 c33 s509; 1986 c42 Sch B

DIVISION B - ELECTION ORGANIZATION
Back to Top First election

515. For the purpose of holding the 1st election in a municipality the minister

(a) may appoint a returning officer, deputy returning officers, and poll clerks;

(b) may establish polling divisions; and

1979 c33 s510

516. The clerk shall be the returning officer for an election held under this Part and where there is no clerk or the clerk is unable to act, the council shall appoint a returning officer.

1979 c33 s511

517. Where a municipality is not divided into wards or polling divisions elections shall be conducted by the returning officer and a poll clerk appointed by the council.

1979 c33 s512

518. A council may establish 2 or more polling divisions for the municipality and for each ward where wards have been established and shall appoint a deputy returning officer and a poll clerk for each polling division and shall designate the location of the polling divisions.

1979 c33 s513

519. Where a municipality is divided into wards, elections shall be conducted by a deputy returning officer and a poll clerk appointed for the ward by the council where a ward is not divided into polling divisions.

1979 c33 s514

520. Where, on nomination day or, on the day of the election a returning officer or a deputy returning officer at a poll is unable to act, the poll clerk at that poll assumes the powers and shall perform the duties of the returning officer or deputy returning officer.

1979 c33 s515; 1987 c13 s19

521. The following persons are ineligible to serve as a returning officer, deputy returning officer or poll clerk or another election official in connection with an election held under this Part or the preparation of a list of electors for that election:

(a) a councillor for the municipality in which the election is being held;

(b) a person who has been found guilty of an offence or dereliction of duty under this Part within 5 years of the election; and

(c) a person who intends to be nominated or is nominated to be a candidate in the municipality in which the election is being held.

1979 c33 s516

522. (1) The council shall designate the place for receiving nominations.

(2) Candidates shall be nominated between the hours of 8 a.m. and 8 p.m. 21 days before the holding of the poll.

1979 c33 s517

523. Notice of the time and place fixed for nominating candidates and of the time and place of holding the poll, where a poll is granted, shall be posted up by the returning officer in not less than 2 places in the municipality for the 10 days before the time fixed for the nomination of candidates, and published in a newspaper having general circulation in the municipality during that period.

1979 c33 s518

524. (1) A person is qualified to be nominated as a councillor who

(a) is eligible to vote in an election held under this Act in the municipality or ward in which he or she is nominated to serve as a councillor;

(b) is not in arrears of taxes payable to the municipality for a prior year; and

(c) is ordinarily resident in the municipality for a period of 6 months before nomination day either in the municipality or in an area that on election day is part of a municipality.

(2) A person is not qualified to be nominated as a councillor while he or she holds an office under the council to which a salary or remuneration payable out of the funds of the municipality is attached or while he or she is employed by the council in any capacity.

(3) A person is not qualified to be nominated as councillor where

(a) he or she was a member of a council that was dismissed; or

(b) he or she was individually dismissed as a member of a council

where the election is held within 2 years of the date of the dismissal.

1979 c33 s519; 1981 c48 s14; 1983 c23 s15

525. (1) A candidate for the office of councillor shall be nominated by persons eligible to vote, resident in the ward for which he or she is a candidate, where the municipality is divided into wards, or by persons eligible to vote resident in the municipality where the municipality is not so divided.

(2) A nomination

(a) shall be in writing;

(b) shall state the name, residence and occupation of the candidate;

(c) shall be signed by the proposer and seconder both of whom shall be present together with the candidate who shall also sign signifying his or her acceptance; and

(d) shall be in Form A of Schedule A.

1979 c33 s520

526. The returning officer shall not receive the nomination paper of a candidate unless there is attached to it a declaration of qualification in Form B of Schedule A.

1979 c33 s521

527. Where a candidate is unable to attend at his or her nomination because of illness or absence from the municipality and is as a result unable to signify his or her acceptance or complete his or her declaration of qualification the returning officer may accept a declaration to that effect from 1 of the candidate's nominators together with a declaration from the nominator that the candidate possesses the qualifications required by this Part and accepts nomination.

1979 c33 s522

528. (1) A candidate shall at the time of his or her nomination deposit a sum of $10 with the returning officer.

(2) The returning officer shall repay the deposit

(a) to each candidate who is declared elected; and

(b) to each candidate for whom there is polled not less than 1/2 of the votes polled for a candidate who is declared elected.

(3) The returning officer shall pay to the council the deposit paid to him or her by a candidate who is not declared elected and for whom there is polled less than 1/2 of the votes polled for a candidate who is declared elected.

(4) The council shall apply sums of money paid to it under subsection (3) towards the expenses of the election.

1979 c33 s523; 1982 c55 s42

529. The returning officer shall, within 7 days after the date on which nominations are to be filed, give notice of the names of the candidates by publishing them in a newspaper circulating in the municipality and by posting up notices in at least 2 public places in the municipality or in the wards in which elections are to be held.

1979 c33 s524

530. Where

(a) only as many candidates for the office of councillor are nominated as there are councillors to be elected; or

(b) fewer candidates for the office of councillor are nominated than there are councillors to be elected,

the returning officer shall, without a poll being taken, declare those candidates who are nominated to be elected at the close of nominations.

1979 c33 s525

531. Where more candidates are nominated for the office of councillor than there are councillors to be elected or, where the municipality is divided into wards, more than the required number of candidates are nominated for a ward, the returning officer shall grant a poll for the taking of votes in the municipality or wards.

1979 c33 s526

532. (1) A Canadian citizen who is 18 years of age or older is qualified to vote at an election where he or she has been ordinarily resident for the 30 days immediately before election day either in the municipality or in an area that on election day is part of the municipality.

(2) The returning officer, except where there is an equality of votes, is disqualified from voting at elections.

1979 c33 s527; 1981 c48 s15; 1985 c11 s71;
1990 c62 s17

533. (1) Where a municipality is divided into wards or polling divisions, each voter shall vote in the ward or polling division in which he or she ordinarily lives on election day, as determined by the rules of residency set out in section 535.

(2) A voter shall not vote in more than 1 ward or polling division during an election.

1979 c33 s528

534. (1) A person shall not vote in more than 1 municipality on election day.

(2) Notwithstanding subsection (1), a person may vote for a regional council having jurisdiction over the area in which his or her municipality is located.

1979 c33 s529

535. For the purpose of this Part, the place where a person is ordinarily resident shall be determined in accordance with the following rules:

General rule

1. The municipality where a person is ordinarily resident is that municipality in which he or she has his or her principal or only residence, home, lodging or habitation to which, whenever absent, he or she returns or indicates by his or her ordinary conduct an intention to return.

One municipality only

2. (1) While a person can live in more than 1 place in the province, he or she may not have more than 1 municipality at a time in which he or she is ordinarily resident.

(2) Unless he or she stops being ordinarily resident in the province under rule 4, a person remains ordinarily resident in 1 municipality in the province until he or she acquires under rule 1 another place in the province in which he or she becomes ordinarily resident under these rules.

Temporary absence

3. A person does not stop being ordinarily resident in a municipality because he or she has, for a temporary purpose only, left his or her principal or only residence, home, lodging or habitation in that municipality.

Ceasing ordinary residence

4. When a person goes to a place outside the municipality for a purpose other than

(a) a vacation or holiday;

(b) to attend a university or similar education institution; or

with the intention of remaining in that place for an indefinite period, he or she stops being ordinarily resident in the municipality notwithstanding that he or she may intend to return at some future time, unless he or she continues to maintain a residence in the municipality in which his or her spouse and family have their home.

Married person

5. In the absence of credible proof establishing the contrary, a married person may be presumed

(a) to be ordinarily resident in the municipality in the province in which the spouse or family of that person eats and sleeps and to which, when away, that person returns or indicates by his or her ordinary conduct an intention to return; or

(b) where the married person is living apart from his or her spouse and family with the intention of remaining apart to be ordinarily resident in the municipality in which he or she lives or lodges or to which, when away, he or she returns or indicates in his or her ordinary conduct an intention to return, without regard to where meals are taken or to place of employment.

Unmarried person

6. In the absence of credible proof establishing the contrary, an unmarried person is ordinarily resident in the municipality where he or she occupies a room or part of a room as a regular lodger or to which he or she habitually returns because of not having another permanent lodging place, without regard to where he or she takes his or her meals or is employed or to where his or her parents or siblings have their residence, home, lodging or habitation.

Students

7. In the absence of credible proof establishing the contrary, a person who, being registered and in attendance at a recognized educational institution in the province, lives or lodges in a place other than a place within which he or she has his or her residence, home, lodging or habitation when he or she is not attending that educational institution, does not become ordinarily resident in the municipality in which he or she lives or lodges for the purpose of attending the educational institution.

1979 c33 s530; 1982 c55 s43

DIVISION C - VOTING
Back to Top Oath or affirmation of voters

536. (1) A voter shall, before voting, where required by a candidate or agent, take an oath or affirmation in Form C of Schedule A, which shall be administered by the returning officer or deputy returning officer.

(2) A voter who refuses to take an oath or affirmation under subsection (1), shall not be permitted to vote.

1979 c33 s531

537. (1) A council may hold an advance poll not earlier than 14 days immediately preceding the day established as polling day.

(2) Where it considers it appropriate, a council may hold a 2nd advance poll on the Saturday immediately preceding polling day.

1990 c45 s15

538. The returning officer shall give notice of the time and place of the advance poll by publishing the time and place of the advance poll at least once in each of the 2 weeks before the advance poll in a newspaper circulating in the municipality and by public notice in at least 2 places in the municipality and wards.

1979 c33 s533

539. The advance poll shall be conducted in the same manner as is provided for the conduct of other polling booths in an election, except that upon the ballot box being locked at the opening of the 1st day of the advance poll, it shall remain locked until opened for the counting of ballots after the close of the polling booths on polling day.

1979 c33 s534

540. Electors who have reason to believe they will be absent from the municipality during the whole time fixed for the election may vote at an advance poll.

1979 c33 s535

541. At an advance poll the poll clerk shall record in the poll book the name of an electors who votes and the number of the polling division in which an elector lives.

1979 c33 s536

542. (1) In this section, an "impeditive voter" means a voter otherwise qualified under this Part to vote who is or will be unable to vote because of his or her being

(a) in service in the merchant marine of Canada or of another country;

(b) a fisher in the course of his or her occupation;

(d) a patient in a hospital as defined by the Hospital Act but including similar hospitals owned or operated by the Crown in right of Canada or an agency of the Crown in right of Canada;

(e) a full-time student at an educational institution situated within or outside the province;

(f) a worker employed at a construction site; or

(g) a person who is certified by a medical practitioner to be so ill or infirm as to be unable to vote at a polling booth.

(2) An impeditive voter may, by an application in the prescribed form to the returning officer, authorize another person who is a qualified voter in the same municipality and polling division to vote on his or her behalf in a specified election in that municipality.

(3) An application under subsection (2) shall contain a certificate in the prescribed form

(a) in the case of a hospital patient, signed by the administrator of the hospital that the applicant is a patient described in paragraph (1)(d);

(b) in the case of a student, signed by the registrar of the educational institution that the applicant is a full-time student described in paragraph (1)(e); and

(c) in the case of a person confined to his or her residence, signed by a qualified medical practitioner under the Medical Act that the person is confined because of illness or physical incapacity.

(4) An application under subsection (2) shall contain declarations in the prescribed form verifying

(a) that the applicant is an impeditive voter and qualified to vote in a polling division of the municipality in the election in respect of which the application is made; and

(b) that the proxy designated in the application is a voter qualified to vote in the same polling division for the same municipality in the same election as the applicant.

(5) At least 4 days before the day of the election in respect of which it is made, an application under subsection (2) shall be given to the returning officer by the impeditive voter, or by his or her designated proxy, or sent to the returning officer by mail.

(6) Where satisfied that the requirements of this section have been complied with, the returning officer shall issue a proxy certificate entitling the designated person to vote at the polling division and municipality specified on behalf of the impeditive voter for whom the proxy is designated.

(7) No more than 1 proxy certificate may be issued for any 1 impeditive voter in respect of an election, except where the proxy dies or becomes unable to cast a vote because of illness or mental incompetence.

(8) A person may not be proxy for more than 1 impeditive voter at any 1 election.

(9) The minister may prescribe forms for the purpose of this section.

1979 c33 s537; 1982 c55 s44; 1990 c45 s16

543. (1) When a poll has been granted the returning officer shall immediately print a number of ballot papers, not less than the number of voters in the municipality or wards in which elections are to be held, and shall stamp or seal with the seal of the municipality all ballot papers to be used in an election.

(2) The ballot papers shall contain the names and descriptions of the candidates as set out in the nomination paper, alphabetically arranged in the order of their surnames or where there are 2 or more candidates with the same surname, in the order of their other names.

(3) The ballot papers shall be in Form D of Schedule A.

1979 c33 s538

544. On a poll being granted the returning officer shall deliver to every deputy returning officer

(a) a list in alphabetical order of the persons qualified to vote in the polling booth for which he or she has been appointed;

(b) 1 ballot box;

(d) a sufficient number of directions for the guidance of voters in Form E of Schedule A; and

(e) 1 or more poll books in Form F of Schedule A.

1979 c33 s539

545. A returning officer or deputy returning officer shall placard a copy of the directions for the guidance of voters outside the polling booth and in compartments of the polling booth and shall see that they remain so placarded until the close of the polling.

1979 c33 s540

546. (1) At least 2 months before the next election the returning officer shall

(a) where the municipality is not divided into wards or polling divisions, begin the preparation of a list of voters in the municipality arranged in alphabetical order with their addresses and occupations or descriptions; or

(b) where the municipality is divided into wards or polling divisions, begin the preparation of a list of voters in each ward or polling division where an election is to be held, arranged according to their place of residence with their occupations or descriptions.

(2) The returning officer shall ensure that the voter's list is completed at least 1 month before the date of the election.

1979 c33 s541

547. The list of voters shall, for a period of 10 working days from the day on which it is completed, be open to the inspection of the public at a place within the limits of the municipality to be named by the returning office and notified by him or her to the public by notices published in a newspaper having general circulation in the community and by posting up notices in at least 2 places in the municipality or ward.

1979 c33 s542; 1987 c13 s20

548. Where the name of a qualified voter does not appear on the list of voters or the name of a person not qualified as an elector does appear on the list the returning officer shall, upon proof being provided satisfactory to him or her, correct that error or omission by inserting or omitting the name.

1979 c33 s543

549. (1) The voters whose names appear in the list of voters certified by the returning officer are those entitled to vote at the next election and a person whose name does not appear upon the list shall not be allowed to vote at the election.

(2) Notwithstanding subsection (1), a person whose name has been omitted from the list of voters and is qualified to vote may vote at an election or by-election held under this Part upon taking the oath or affirmation prescribed in Form C of Schedule A.

1979 c33 s544

550. (1) A list of voters prepared and revised for an election shall, where that election is deferred, constitute the list of voters for the deferred election.

(2) A list of voters prepared and revised for an election and used in that election or used in a deferred election shall constitute the list of voters for a by-election held before the next general election or for an election or by-election called by the minister before the next general election.

(3) A returning officer shall, on the request of a candidate and after the payment of the prescribed fee, supply to the candidate a copy of a list of voters prepared and revised for the election.

1979 c33 s545; 1982 c55 s45

551. Where a returning officer

(a) neglects to perform the duties imposed upon him or her under this Part;

(b) wilfully places on the list of voters the name of a person not entitled to vote; or

he or she is liable on summary conviction to a penalty of $100 for each offence and in default of payment to imprisonment for a period of 3 months.

1979 c33 s546

552. (1) A returning officer, or deputy returning officer, shall at 8 a.m. of the day of the election open the poll assigned to him or her and shall until 8 p.m. of that day keep the poll open and shall during that time receive in the manner prescribed in sections 553 to 588 the votes of all voters qualified to vote at the polling booth.

(2) If at the hour of the closing of the poll there are voters in the polling station who have not been able to vote, the poll shall be kept open for a sufficient time to enable those voters actually present inside the outer door of the polling booth to vote, notwithstanding subsection (1).

1979 c33 s547

553. A polling booth shall be provided with compartments in which voters may mark their ballots screened from observation and the returning officer shall see that a sufficient number of those compartments are provided.

1979 c33 s548

554. During the holding of the poll no person is entitled or shall be permitted to be present in the polling place other than

(a) the officers appointed to hold the election;

(b) the candidates to be voted for in the polling booth and their agents authorized in writing, not exceeding 1 agent for each candidate; and

1979 c33 s549

555. The returning officer, or deputy returning officer, may order the removal from the polling booth of a person who is not entitled to be present or who, being entitled, obstructs the voting, and the order shall be executed by a peace officer without the order being in writing and without a warrant.

1979 c33 s550

556. A returning officer or deputy returning officer may have present or summon to his or her aid a peace officer for the purpose of maintaining order or preserving the peace.

1979 c33 s551

557. At the hour fixed for opening the poll the returning officer, or deputy returning officer,

(a) shall declare the names of the candidates after which he or she shall show the ballot box to the candidates or their agents, or persons that are present within the polling booth, so that they may see that the ballot box is empty; and

(b) shall then immediately lock the ballot box, place it in view for the reception of ballot papers and keep it locked until the close of the poll.

1979 c33 s552

558. (1) A returning officer, deputy returning officer, and poll clerk shall before entering on his or her duties take the oath or affirmation in Form G of Schedule A.

(2) Every other person authorized to attend at a polling booth, or at the counting of the votes, shall before entering on his or her duties take the oath or affirmation in Form H of Schedule A.

(3) A justice of the peace or the returning officer may administer the oaths or affirmations required by subsections (1) and (2).

(4) The returning officer, or deputy returning officer, may administer an oath or affirmation required by this Act to be taken in the polling booth for which he or she was appointed.

1979 c33 s553

559. When a voter presents himself or herself at the polling booth for the purpose of voting, he or she shall state his or her name, residence and occupation or description.

1979 c33 s554

560. The returning officer or deputy returning officer shall ascertain that the name of the voter is entered upon the list of voters for the polling booth in which he or she is presiding, or if the name of the person is not upon the list is entitled to take the oath or affirmation prescribed in Form C of Schedule A.

1979 c33 s555

561. The returning officer or deputy returning officer shall, in an election under the St. John's Municipal Elections Act, require the voter to give to him or her his or her voting card, or a certificate under subsection 19(4) of that Act, or complete the declaration in Form C of Schedule A of that Act.

1979 c33 s556

562. The returning officer or deputy returning officer shall enter in the poll book the name of the voter, but shall not enter in the poll book or elsewhere the name of or anything to indicate the name of a candidate for whom the voter votes.

1979 c33 s557

563. Where a voter is objected to by a candidate or his or her agent, the poll clerk shall enter the objection in the poll book by writing opposite the name of the person whose vote is objected to the words "objected to", together with the name of the candidate by or on behalf of whom the objection is made and the returning officer or deputy returning officer shall decide whether that person may vote.

1979 c33 s558

564. Where a voter takes an oath or affirmation required to be taken by this Act the poll clerk shall enter opposite the person's name the word "sworn", or "affirmed".

1979 c33 s559

565. (1) Where a voter has been required to take a prescribed oath or affirmation and refuses to take it, the poll clerk shall enter opposite the name of the person in the poll book the words "refused to be sworn", or "refused to affirm", and the vote of the person shall not be taken or received.

(2) Where a returning officer or deputy returning officer takes or receives a vote not permitted to be taken or received under subsection (1), he or she is liable on summary conviction to a penalty of $100 or in default of payment to imprisonment for a period not exceeding 3 months.

1979 c33 s560

566. (1) Where the name of the voter is found on the list of electors for the polling booth or he or she takes the oath or affirmation prescribed in Form C of Schedule A when permitted to do so by the returning officer or deputy returning officer, and when the appropriate entries respecting him or her have been made in the poll book in the prescribed manner, the returning officer, or deputy returning officer shall deliver to the voter 1 ballot paper for councillors and 1 ballot paper for mayor, where there is a separate election for mayor.

(2) Where the voter has refused to take a prescribed oath or affirmation or an objection is upheld under section 563 no ballot paper shall be delivered to him or her.

(3) A person shall not vote unless he or she is ordinarily resident in the polling division on the day of election.

1979 c33 s561

567. Where a person produces to a returning officer or deputy returning officer a proxy certificate under section 542, that person may vote for the impeditive voter.

1979 c33 s562

568. The returning officer or deputy returning officer may, and upon request of a prospective voter shall, either personally or through his or her poll clerk, explain to the prospective voter as concisely as possible the mode of voting, but neither he or she nor his or her poll clerk shall influence the voter to vote for a candidate at the election.

1979 c33 s563

569. The returning officer, or deputy returning officer, shall not deliver a ballot paper to a voter or count ballots unless it has been initialled on the back by the returning officer or deputy returning officer.

1979 c33 s564

570. (1) Upon receiving the ballot paper, the voter

(a) shall immediately proceed into 1 of the compartments of the polling booth and shall then immediately mark his or her ballot paper by marking a cross with a pencil on a part of the ballot paper within the division containing the names of the candidates for whom he or she intends to vote;

(b) shall then fold the ballot paper so as to conceal the names of the candidates and the marks upon the face of that paper; and

(c) upon leaving the compartment he or she shall without delay and without showing the front to any one or displaying the ballot paper so as to make known the candidate for whom he or she voted, deposit the ballot paper in the ballot box.

(2) The voter shall then immediately leave the polling booth.

1979 c33 s565

571. While a voter is in a compartment for the purpose of marking his or her ballot paper, no person shall enter the compartment or be in a position from which he or she can see how the voter marks his or her ballot.

1979 c33 s566

572. A person who having received a ballot paper takes it out of the polling booth is liable on summary conviction to a penalty of $100 or in default of payment to imprisonment for a period not exceeding 3 months.

1979 c33 s567

573. (1) A person who has received a ballot paper and leaves the polling booth without first having it deposited in the ballot box in the prescribed manner forfeits his or her right to vote at the election.

(2) The poll clerk shall make an entry in the poll book in the column for remarks to the effect that the person received a ballot paper but took it out of the polling booth or returned the ballot paper, or declined to vote.

(3) Where a person declined to vote the poll clerk shall immediately write the word "declined" upon the ballot paper and shall preserve it and return it to the returning officer or the deputy returning officer.

1979 c33 s568

574. (1) Notwithstanding section 571, where a voter claiming to be entitled to vote makes an oath or affirmation orally in Form l of Schedule A that he or she is incapacitated by blindness or other physical cause from marking his or her ballot paper or that he or she is unable to read,

(a) the returning officer or the deputy returning officer, shall mark the ballot paper in the screened compartment in the manner directed by the person and shall place the ballot paper in the ballot box; or

(b) the voter may be accompanied by a friend into the voting compartment who may mark the ballot.

(2) The poll clerk shall make an entry opposite the name of the person in the poll book that the vote of the voter has been marked under this section and the reason why it has been marked.

(3) A person may not act as the friend of more than 1 disabled voter in an election.

(4) In addition to the methods by which a disabled voter may vote under subsection (1), the returning officer may prescribe a plate to be affixed over the ballot paper given to a disabled voter, which would enable the disabled voter to vote without assistance.

(5) Where the returning officer prescribes a plate under subsection (4) a disabled voter may, at his or her request, vote without assistance with the use of the plate.

(6) Where a disabled voter is supplied with the plate, the deputy returning officer or returning officer shall instruct the disabled voter in its use and read out the names of the candidates in the order in which they appear so that the disabled voter is made fully aware of the method by which he or she may mark his or her ballot for the candidate of his or her choice.

1979 c33 s569

575. (1) Where a polling station has been established in a home for the aged, or a hospital or similar institution for the care and treatment of chronic illness, the deputy returning officer and the poll clerk shall, while the poll is still open on polling day and when considered necessary by the deputy returning officer,

(a) suspend temporarily the voting in the polling station; and

(b) with the approval of the person in charge of the institution, carry the ballot box, poll box, ballot papers and other necessary election documents from room to room in the institution to take the votes of those patients who are presumed to be ordinarily resident in the polling division in which the institution is situated and are otherwise qualified as voters but who are unable to go to the poll booth.

(2) The procedure to be followed in taking the votes of patients referred to in subsection (1) shall be the same as that prescribed for an ordinary polling station.

1979 c33 s570

576. (1) A voter who has inadvertently dealt with his or her ballot paper in a manner that it cannot be conveniently used is, upon returning it to the returning officer, or deputy returning officer, entitled to obtain another ballot paper.

(2) The returning officer or deputy returning officer shall write the word "cancelled" upon the ballot paper returned to him or her and preserve it.

1979 c33 s571

577. (1) Immediately after the close of the poll the returning officer or deputy returning officer

(a) shall first place all the cancelled and declined ballot papers in separate packets and seal them up;

(b) shall then count the number of voters whose names appear on the poll book and sign the following certificate, which shall be entered in the poll book on the line immediately below the name of the voter who voted last:

"I certify that the number of voters who voted at the election in this polling booth is (stating the number in words) and that A.B. was the last person who voted at this polling booth.".

(2) Immediately after the certificate required by subsection (1) has been signed by him or her, the returning officer, or deputy returning officer, in the presence and in full view of the poll clerk and any candidates or their agents who may be present, shall open the ballot box and count the total number of ballots cast and the number of votes for each candidate, giving full opportunity to those present to examine each ballot paper.

1979 c33 s572

578. (1) In counting the votes, the returning officer, or deputy returning officer, shall reject all ballot papers

(a) that have not been initialled by him or her;

(b) that have given votes for more candidates than there are to be elected; or

(c) upon which there is writing or a mark by which the voter can be identified or that has been torn, defaced or otherwise dealt with by the voter in a manner that he or she can as a result be identified.

(2) A ballot paper shall not be rejected under subsection (1) by reason only that it has been marked with a writing instrument other than a black lead pencil or it has a mark other than a cross, as long as the mark does not constitute identification of the voter.

(3) A ballot paper shall not be rejected in its entirety only because 1 or more of the votes on the ballot paper is rejected and in that case the votes not rejected shall be counted.

1979 c33 s573

579. (1) The returning officer, or deputy returning officer, shall note in the poll book an objection taken to a ballot paper by a candidate or his or her agent and shall decide the objections.

(2) Each objection shall be numbered and a corresponding number shall be placed on the back of the ballot paper and initialled by the returning officer, or the deputy returning officer, and when the objection is upheld the word "rejected" shall be marked on the face of the ballot paper.

1979 c33 s574

580. (1) All ballots except those rejected shall be counted and an account shall be kept of the number of votes given and allowed for each candidate.

(2) All the ballot papers shall be put into separate packets as follows:

(a) all the used ballot papers that have not been objected to and have been counted;

(b) all the used ballot papers that have been objected to and have been counted;

(d) all the cancelled ballot papers;

(e) all the ballot papers used but unmarked;

(f) all the declined ballot papers; and

(g) all the unused ballot papers.

(3) A packet shall be endorsed so as to indicate its contents and the polling division or ward to which it relates and shall be sealed by the returning officer, or the deputy returning officer.

1979 c33 s575

581. (1) The returning officer, or deputy returning officer, shall make out a statement in duplicate as to

(a) the number of ballot papers received;

(b) the number of ballot papers cast;

(d) the number of used ballot papers that have not been objected to and have been counted;

(e) the number of rejected ballot papers;

(f) the number of cancelled ballot papers;

(g) the number of ballot papers used but not marked;

(h) the number of declined ballot papers;

(i) the number of ballot papers taken from the polling booth;

(j) the number of unused ballot papers; and

(k) the number of votes given for each candidate.

(2) The statement shall be signed by the returning officer, or the deputy returning officer, and the poll clerk.

(3) One statement shall be attached to the poll book and the other, in the case of a deputy returning officer, shall be delivered by him or her to the returning officer.

1979 c33 s576

582. The poll clerk shall immediately after the completion of the counting of the votes, take an oath or affirmation in Form J of Schedule A.

1979 c33 s577

583. The poll book, the list of electors, the packets containing the ballots, and all other documents related to the election, except for the statement referred to in subsection 581(2) shall then be placed in the ballot box.

1979 c33 s578

584. (1) The returning officer, or deputy returning officer, shall then immediately lock and seal the ballot box and the opening of the ballot box and in the case of a deputy returning officer shall immediately deliver it personally to the returning officer together with the key.

(2) Where a deputy returning officer is unable to deliver the ballot box because of illness or other immediate cause he or she shall deliver it and the statement to the poll clerk and shall take a receipt for it and the poll clerk shall immediately deliver the ballot box and the statement personally to the returning officer and shall take before him or her the oath or affirmation in Form K of Schedule A.

(3) Immediately after he or she has delivered the ballot box to the returning officer, the poll clerk or the deputy returning officer shall take the oath or affirmation in Form K of Schedule A.

(4) The returning officer shall remain in his or her office on the evening of polling day until all the ballot boxes have been returned to him or her.

1979 c33 s579

585. (1) Unless it is otherwise ordered by the Supreme Court or a judge of the Supreme Court, or unless a recount is demanded, the ballot boxes shall remain locked and sealed as handed to the returning officer and the keys retained by him or her for a period of 30 days after the election and until the termination of a legal proceeding instituted to test the validity of the election taken within that period of time.

(2) When the time has elapsed under subsection (1), the ballot boxes shall be unlocked and unsealed and the ballot papers shall be destroyed by the returning officer.

1979 c33 s580

586. (1) After he or she has received the ballot boxes and statements of the number of votes given at each polling booth, the returning officer

(a) shall, without opening the ballot boxes, add up from the statements he or she has received the number of votes for each candidate;

(b) shall, at his or her office or some other public place, not later than noon on the day following the day on which the polling is held publicly declare to be elected the candidate receiving the largest number of votes, together with, in the case where more than 1 candidate is entitled to be elected, the candidates up to the remaining number entitled to election standing in order on the basis of the number of votes received; and

(c) shall also put up in some conspicuous place a statement signed by him or her showing the number of votes for each candidate.

(2) The returning officer may after he or she has received statements from polling booths and before publicly declaring elected a candidate, indicate to the public the statement of the number of votes given at the polling booths.

1979 c33 s581; 1982 c55 s46

587. If, upon the counting of the votes, 2 or more candidates have an equal number of votes where both or all of those candidates cannot be elected, the returning officer shall immediately give a vote for 1 or more of the candidates so as to decide the election.

1979 c33 s582

588. Within 7 days after an election is held under this Act the returning officer shall forward a report on the election to the minister.

1979 c33 s583

589. (1) A returning officer, deputy returning officer, poll clerk, candidate, or other person present within the polling booth where an election is being held, who in contravention of the Act

(a) gives a ballot paper to a voter;

(b) offers to give a voter advice as to the person for whom he or she should vote;

(d) divulges to a person the name of the candidate for whom a voter has voted,

is liable on summary conviction for each offence to a penalty of $50 or in default of payment to imprisonment for 1 month.

(2) A returning officer, deputy returning officer, or poll clerk who wilfully miscounts the ballots or otherwise makes up a false statement of the poll is liable on summary conviction to a penalty of $200 or in default of payment to imprisonment for 6 months.

1979 c33 s584

590. (1) A person who

(a) not being entitled to vote, knowingly and wilfully votes;

(b) fraudulently tenders more than 1 ballot paper when voting; or

(c) votes or attempts to vote under the name of another voter, or having so voted or attempted to vote applies for a ballot paper in his or her own name

commits a corrupt practice and is liable on summary conviction for each offence to a penalty of $50 or in default of or in addition to that payment to imprisonment for 1 month.

(2) A penalty or imprisonment, and a conviction for an offence, does not operate as a bar to the recovery of another penalty, or to a prosecution or proceeding to which the person would otherwise be liable.

1979 c33 s585

591. (1) If, within 3 days after the day of election, a candidate or his or her agent requests a recount of the votes cast in the municipality or ward for which the candidate was nominated, the returning officer shall appoint a time, that time to be within 3 days after the request, to recount the votes at his or her office.

(2) The returning officer shall notify candidates at the election of the request for a recount and of the time and place appointed to recount the votes.

(3) The returning officer may summon deputy returning officers, and poll clerks at the election to attend at the recount at the time appointed and may command them to bring with them papers in their custody or possession relating to the election.

(4) The candidate who requests the recount shall pay the cost of that recount in an amount that the returning officer may certify, where as a result of the recount there is no improvement in the standing or position of that candidate in relation to the other candidates in the election.

1979 c33 s586; 1982 c55 s47

592. The returning officer, and a person he or she appoints to help him or her, and each candidate or his or her agent, or at least 3 voters of the municipality or ward in which the election was held, shall be present at the recount.

1979 c33 s587

593. At the time and place appointed, the returning officer shall proceed to recount the votes in the ballot box and shall decide upon the validity of every ballot.

1979 c33 s588

594. In the case of an election where there is 1 polling booth and the returning officer has acted in the role of deputy returning officer in that polling booth, a Provincial Court judge in whose Provincial Court district the municipality is, shall conduct the recount.

1979 c33 s589

595. (1) As soon as he or she ascertains the result of the poll, the person conducting the recount shall declare to be elected the candidate having the largest number of votes, together with, in the case where more than 1 candidate is entitled to be elected, the candidates up to the remaining number entitled to election standing next in order on the basis of number of votes received.

(2) In the event of a tie the casting vote shall be given in the same manner as provided in section 587.

1979 c33 s590

596. All the costs of the holding of elections or by-elections or special elections shall be paid out of the funds of the council, but the minister shall pay the costs of the 1st election in a new municipality.

1979 c33 s591

DIVISION D - ELECTION PETITIONS
Back to Top Petitions

597. (1) A petition complaining of

(a) an unlawful return or election of a councillor;

(b) no return or a double return; or

(c) an unlawful act committed by a candidate returned by which that candidate is alleged to have become disqualified to serve on the council,

may be presented to the Trial Division by a candidate for the election or another person who had the right to vote at the election.

(2) The production of the list of electors containing the name of the petitioner as set out in the petition, or a copy certified by the returning officer to be a true copy of the list used at the election in the municipality to which the petition relates is conclusive evidence that the petitioner could lawfully present the petition.

(3) Where the petitioner was a candidate at that election, or if there is no list of electors or the petitioner's name does not appear on the list, an affidavit by the petitioner that he or she was a candidate or an elector at that election is conclusive evidence that the petitioner could lawfully present the petition.

1979 c33 s592; 1986 c42 Sch B

598. Whenever a petition is presented under this Part complaining of no return, an order may be made on that petition by the court as it considers expedient for compelling a return to be made, or the court may allow that petition to be tried in the manner provided in this Act with respect to ordinary election petitions.

1979 c33 s593

599. Wherever an election petition complains of the conduct of a returning officer, the returning officer is considered to be a respondent.

1979 c33 s594

600. Two or more candidates may be made respondents to the same petition and their cases may for the sake of convenience be tried at the same time, but as regards the security to be given on behalf of the petitioner, and for all other purposes of this Part, the petition is considered to be a separate petition against each respondent.

1979 c33 s595

601. (1) The petition need not be in a particular form but it must complain

(a) of the unlawful return or unlawful election of a councillor;

(b) that no return has been made;

(d) of some matter contained in a special return made; or

(e) of some unlawful act by a candidate.

(2) The petition must be signed by the petitioner.

1979 c33 s596

602. (1) A petition complaining of the unlawful return or the unlawful election of a councillor or of a double return may be presented within 30 days after the return has been made by the returning officer of the councillor to whose election the petition relates.

(2) Notwithstanding subsection (1), where the petition questions the return or election upon an allegation of corrupt practices, and specifically alleges a payment of money or other reward to have been made by a councillor or on his or her account or with his or her knowledge since the time of that return in pursuit of or to further those corrupt practices, the petition may be presented within 1 month after the date of that alleged payment.

1979 c33 s597

603. A petition presented within the limitation period may, upon an allegation of a corrupt or illegal practice upon which a petition might be presented, and with the leave of the court, be amended by alleging that corrupt or illegal practice before the expiration of the time within which a petition based upon that corrupt or illegal practice might have been presented.

1979 c33 s598

604. Where a petition complains of no return, it may be presented after the expiration of 7 days after the day upon which the return should have been made.

1979 c33 s599

605. A candidate against whom a petition has been presented, may, within 15 days from the presentation of the petition, present a petition to the court complaining of the unlawful return or election of a person, or of an unlawful act committed by a person who has been a candidate at an election under this Part.

1979 c33 s600

606. The presentation of a petition shall be made by delivering it at the office of the clerk of the court during office hours.

1979 c33 s601

607. (1) At the time of the presentation of the petition, security for the payment of all costs, charges, and expenses that may become payable by the petitioner shall be given by him or her or on his or her behalf and shall be by 2 approved sureties, or by a deposit of money with the registrar to the amount of $400.

(2) The clerk of the court shall give a receipt for those deposits, which shall be evidence of the sufficiency of the deposit.

1979 c33 s602

608. Notice of the presentation of a petition under this Part and of the security, accompanied by a copy of the petition, shall, within 10 days or a further time that the court shall allow for the service of the petition, be served on the respondent.

1979 c33 s603

609. (1) Within 5 days after the service of the petition, or a further time that the court allows, the respondent may file in the court a preliminary objection or grounds of insufficiency that he or she may have to urge against the petition or petitioners, or against a further proceeding, and shall in that case at the same time serve a copy of that objection upon the petitioner.

(2) The court shall hear the parties on those objections and grounds and shall decide the matter in a summary manner.

1979 c33 s604

610. Within 5 days after the decision upon the preliminary objections, and upon the hearing of them, if disallowed, or on the expiration of the time for presenting the preliminary objections, if none has been presented, the respondent may file a written answer to the petition and shall serve a copy of that answer upon the petitioner.

1979 c33 s605

611. Whether an answer is or is not filed, the petition is at issue after the expiration of the time for filing the petition, and the court may afterward upon the application of either party fix some convenient time for the trial of the petition.

1979 c33 s606

612. Notice of the time and place at which election petitions are to be tried shall be given by the petitioner not less than 10 days before the day on which the trial is to take place.

1979 c33 s607

613. The trial may be adjourned from time to time and from one place to another upon cause shown supported by affidavit where special circumstances exist that, in the opinion of the judge make it desirable to do so, but the trial where practicable shall be proceeded with from day to day until concluded.

1979 c33 s608

614. (1) At the conclusion of the trial the judge shall determine

(a) whether the councillor whose election or return is complained of was returned or elected;

(b) whether some other person should be returned or elected; or

(2) The judge shall immediately certify in writing that determination to the minister, appending to it a copy of the notes of the evidence.

(3) The determination of the judge as certified is final.

1979 c33 s609

615. When a charge is made in an election petition of a corrupt practice having been committed at the election to which the petition refers, the judge shall in addition to the certificate and at the same time report in writing to the minister

(a) whether a corrupt practice has or has not been proved to have been committed by or with the knowledge or consent of a candidate at the election, and the nature of the corrupt practice;

(b) the names of all persons who have been proved at the trial to have been guilty of a corrupt practice; and

(c) whether corrupt practices have extensively prevailed at the election to which the petition relates, or there is reason to believe that corrupt practices have extensively prevailed.

1979 c33 s610

616. (1) When it is found by the judge upon a petition under this Part that a corrupt practice has been committed by or with the knowledge or consent of a candidate at the election complained of, the candidate is considered to be personally guilty of the corrupt practice and his or her election, if he or she has been elected, is void.

(2) In addition to the consequences of a finding of a corrupt practice under subsection (1) the candidate may not again be a candidate for election to a council held within 4 years of the finding of that corrupt practice.

1979 c33 s611

617. (1) When, upon the application of a party to an election petition made to the judge, it appears to the judge that the case raised by the petition can be conveniently stated as a special case, he or she may direct the case to be so stated, and that special case shall be heard and decided before him or her.

(2) Upon making his or her decision the judge shall certify to the minister his or her decision on that special case.

1979 c33 s612

618. Unless the judge otherwise directs, a charge of a corrupt practice may be gone into and evidence in relation to that charge received before proof has been given of complicity on the part of a candidate in respect of the corrupt practice.

1979 c33 s613

619. The minister shall at the earliest practical moment after he or she receives the certificate and report of the judge, give the necessary directions and adopt all the proceedings necessary for confirming or altering the return or for the ordering of a new election or for otherwise carrying the determination into effect.

1979 c33 s614

620. When more than 1 petition is presented relating to the same election or return, all the petitions may be dealt with on the application of the respondent in the same manner as actions may be consolidated according to the practice of the court.

1979 c33 s615

621. (1) An election petition

(a) may be withdrawn by leave of the court on application of the petitioners, subject to terms which the court may direct; or

(b) may, upon the application of the respondent and by leave of the court be dismissed after 2 months from the filing of the election petition, for want of prosecution.

(2) When there is more than 1 petitioner, no application to withdraw a petition may be made except with the consent of all the petitioners.

(3) Where a petition is withdrawn, the petitioner is liable to pay the costs of the respondent unless the court otherwise orders.

1979 c33 s616

622. (1) An election petition under this Act is put an end to by the death of a sole petitioner or of the survivor of several petitioners or by the death of the respondent.

(2) The putting an end to of a petition does not affect the liability of the petitioner for the payment of costs previously incurred.

1979 c33 s617

623. (1) Notwithstanding subsection 622(1), on the putting an end to of a petition by the death of a sole petitioner or the survivor of several petitioners a person who might have been a petitioner in respect of the election to which the petition relates may within 21 days after the putting an end to apply to the court to be substituted as a petitioner.

(2) The court may, where it thinks appropriate, substitute as a petitioner an applicant who wishes to be substituted and on whose behalf security to the same amount is deposited as is required in the case of a new petition.

1979 c33 s618

624. All costs, charges and expenses paid or incurred by a party to an election petition shall be taxed and allowed by the judge and may be recovered by execution as in ordinary cases.

1979 c33 s619

625. (1) The court may summon and compel the attendance of witnesses and process and punish for contempt, and the general law of evidence and pleading govern the proceedings and trial upon an election petition.

(2) Notwithstanding subsection (3), a person who has voted at an election shall not, in legal proceedings held to question the election or the result of the election, be required to state for whom he or she has voted.

(3) A person shall not be excused from answering a question put to him or her in an action, suit or other proceeding before a judge, court or other tribunal touching or concerning the election or the conduct of a person or in relation to that action, suit or proceeding on the ground of privilege or on the ground that the answer to the question will tend to incriminate him or her as an offender under this Part.

1979 c33 s620

626. Where the procedure is not specially provided for under this Act the procedure upon the hearing of petitions provided under the Judicature Act and the Rules of the Supreme Court made under that Act apply so far as they may be applicable.

1979 c33 s621

627. Where a corrupt practice was committed by an agent without the knowledge and consent of the candidate, and the corrupt practice was of such trifling nature or extent that the result of an election cannot have been affected by that practice, either alone or in conjunction with other corrupt practices at the election, that corrupt practice shall not void the election.

1979 c33 s622

628. Where the judge upon the trial of an election petition finds

(a) that an act constituting in law a corrupt practice was committed by a candidate or with his or her knowledge and consent, but without corrupt intent, and by an inadvertence that was involuntary and excusable; and

(b) that the evidence showed the candidate to have honestly wished and in good faith tried as far as he could to have the election conducted according to law,

the candidate is not subject to the penalties and disabilities that he or she would but for this section incur.

1979 c33 s623

629. An election is not or may not be declared to be invalid

(a) for non-compliance with the provisions of this Part as to the taking of the poll or anything preliminary to the taking of the poll or as to the counting of the votes;

(b) because of a mistake in the use of the prescribed forms; or

where it appears to the court by which the validity of the election or a proceeding in relation to it is to be determined that the election was conducted in accordance with the principles laid down in this Part, and it does not appear that the non-compliance, mistake, or irregularity affected the result of the election.

1979 c33 s624

630. (1) A person commits a corrupt practice and is guilty of an offence who

(a) directly or indirectly by himself or herself or another person on his or her behalf, gives or lends or agrees to give or lend, or offers, promises, or promises to obtain or to try to obtain, money or valuable consideration

(i) to or for a voter,

(ii) to or for a person on behalf of a voter, or

(iii) to or for another person,

in order to induce a voter to vote or refrain from voting, or corruptly does such an act on account of that voter having voted or refrained from voting at an election;

(b) directly or indirectly by himself or herself or another person on his or her behalf, gives or obtains, or offers or promises to obtain, or tries to obtain an office or place of employment for a voter or for another person in order to induce that voter to vote or refrain from voting, or corruptly does such an act on account of a voter having voted or refrained from voting at an election;

(c) directly or indirectly by himself or herself or by another person on his or her behalf, makes a gift, loan, offer, promise, procurement or agreement to or for a person in order to induce that person to obtain or try to obtain the election of a person as a councillor or the vote of a voter at an election;

(d) upon or in consequence of a gift, loan, offer, promise, procurement or agreement, obtains or promises or tries to obtain the election of a person to serve as a councillor or the vote of a voter at an election; or

(e) advances or pays money to or to the use of a person, with the intent that the money or part of it is to be used contrary to this section at an election, or knowingly advances or pays money to a person in discharge or repayment of money wholly or in part used at an election.

(2) Subsection (1) does not extend to money paid or agreed to be paid in good faith for or on account of legal expenses incurred at or concerning an election.

1979 c33 s625

631. A person who

(a) directly or indirectly by himself or herself or another person on his or her behalf makes use of or threatens to make use of force, violence or restraint, or inflicts or threatens to inflict, by himself or herself, or by another person, injury, damage, harm or loss, upon or against a person, in order to induce or compel that person to vote or refrain from voting or on account of that person having voted or refrained from voting at an election; or

(b) by abduction, duress or fraudulent device or contrivance, impedes or prevents the free exercise of the right to vote by a voter, or as a result compels, induces, or prevails upon a voter either to vote or refrain from voting at an election

commits a corrupt practice and is guilty of an offence.

1979 c33 s626

632. A candidate and a person on a candidate's behalf who

(a) directs, controls, or advises a returning officer, deputy returning officer or poll clerk in or about a matter concerning his or her duties; or

(b) pays money to an agent of a candidate

commits a corrupt practice and is guilty of an offence.

1979 c33 s627

633. A person who is guilty of an offence for which no other penalty is provided in this Part is liable on summary conviction to a fine not exceeding $500 and in default of payment to imprisonment for a term not exceeding 12 months or to both a fine and imprisonment.

1979 c33 s628

PART VI
LOCAL SERVICE DISTRICTS
Back to Top Local service district

634. (1) The minister may, by order,

(a) establish an unincorporated area in the province as a local service district;

(b) establish and alter boundaries of local service districts; and

(2) Where a local service district committee is disestablished, sections 495 to 503 apply, with the necessary changes.

1979 c33 s629

635. In addition to the requirements for publication in the Gazette under the Statutes and Subordinate Legislation Act, an order made under section 634 shall be published by the minister in a newspaper having general circulation in the area affected by the order and by public notice posted up in the area.

1979 c33 s630

636. A local service district is not a municipality for the purpose of this or another Act.

1979 c33 s631

637. The minister may, by order, establish a local service district committee for every local service district established under this Part to control and manage the local service district in accordance with this Part.

1979 c33 s632

638. The minister may, by order establishing a local service district committee, specify the number of persons to be elected to a committee.

1979 c33 s633

639. (1) A local service district committee is a corporation.

(2) A water supply and sewage disposal committee established under the Department of Municipal and Provincial Affairs Act and a waste disposal committee established under the Waste Material Disposal Act in a local service district is continued under those Acts until the establishment under this Part of a local service district committee in that local service district.

1979 c33 s634

640. The local service district committee may, subject to the Department of Environment and Lands Act, contract for or construct, acquire, establish, own and operate a public water supply system and may in relation to the public water supply system regulate the time, manner, extent, nature and recipients of the supply.

1979 c33 s635

641. The local service district committee may, subject to the Department of Environment and Lands Act,

(a) contract for the collection and treatment of sewage;

(b) construct, acquire, establish, own and operate a public sewage system; or

(c) upon terms and conditions that it feels appropriate and with the approval of the majority of residents of the local service district attending a meeting called for that purpose, financially help by grant or loan residents of the local service district that the committee decides with the installation of an individual septic tank system or other systems approved by the minister for the benefit of a resident in the local service district.

1979 c33 s636

642. The local service district committee may

(a) contract for fire protection; or

(b) construct, acquire, establish, own and operate a fire hall, fire engines and other apparatus necessary for fire fighting and fire protection.

1979 c33 s637

643. The local service district committee may

(a) establish and maintain a system for the collection and removal and disposal of garbage; or

(b) contract for the collection, removal and disposal of garbage

and may regulate the time, manner, extent, nature and recipients of that service.

1979 c33 s638

644. The local service district committee may contract with a person generating, transmitting or distributing power, or proposing to do so,

(a) for the supply of street or area lighting in the local service district; or

(b) for the supply of power and acquire by purchase or lease the equipment, apparatus, appliances devices and works necessary to provide street or area lighting in the local service district.

1979 c33 s639

645. A local service district committee may make regulations

(a) restricting and controlling the running at large or keeping of animals other than dogs;

(b) providing for the seizure and impounding of animals found at large or kept contrary to the regulations;

(d) providing that an impounded animal may be sold, destroyed or otherwise disposed of if it is not claimed and the impounding fee paid in the time set out in the regulations.

1987 c13 s21

646. A local service district committee may make regulations

(a) providing for the licensing and registration of dogs within the local service district and the renewal of licences and the period of validity of those licences;

(b) prescribing the form of licences and the kind of licence tags to be issued with the licences;

(d) providing for the appointment of licensing officers in the local service district;

(e) prescribing the allowance to be paid to licensing officers for licensing dogs and collecting and forwarding the fees to the local service district and providing for the payment to licensing officers of the cost to them of remitting the fees in addition to an allowance;

(f) providing for the impounding of dogs running at large, prescribing impounding fees to be charged for impounding and providing that a dog may be sold destroyed or otherwise disposed of if it is not claimed within the time fixed in the regulations;

(g) prohibiting, restricting or regulating the roaming at large of dogs;

(h) providing for the seizure and destruction of diseased dogs found at large; and

(i) prescribing fines for the non-compliance or contravention of regulations made under this section.

1987 c13 s21

647. The local service district committee may provide and operate additional services to the local service district that may be designated by the Lieutenant-Governor in Council.

1979 c33 s640

648. The local service district committee may borrow money for capital expenditures to an amount not exceeding that authorized and for a period specified by the minister.

1979 c33 s641

649. (1) The local service district committee may charge a fee for the cost of services or supply, provided under sections 640 to 644, to the residents of the local service district or to the users of the service or supply as may be prescribed.

(2) In addition to other remedies that the local service district committee has to enforce payment of a fee imposed under subsection (1), the local service district committee may disconnect the service provided by a water system where the fee is in arrears.

1979 c33 s642

650. In all proceedings in a court of summary jurisdiction to which a local service district committee is a party, it may be represented by an employee of the committee or by any of the committee members.

1987 c41 s14

651. (1) Prosecutions for offences under this Act may be carried out by a local service district committee or its agent or a peace officer, notwithstanding section 85 of the Law Society Act.

(2) For the purposes of this section a peace officer includes a municipal enforcement officer and a regional police officer and a traffic officer under the Highway Traffic Act.

1987 c41 s14

652. The minister may make regulations

(a) providing for the election of the local service district committee for a local service district including

(i) the procedure for and timing of conducting the election,

(ii) persons eligible to vote in the election,

(iii) persons eligible to be elected by the election, and

(iv) other matters relating to the election that appear necessary or desirable to fully implement the purpose of this Part;

(b) respecting the tenure of office, reelection and removal of members elected to the local service district committee;

(d) controlling the construction, location, use and maintenance of privies, sewer systems, septic tanks, and sewers;

(e) governing the digging, drilling, use and construction of wells and water supply systems;

(f) prohibiting and controlling the use of a source of water considered dangerous to public health;

(g) with respect to the control and management of the local service district committee fire department, and, subject to the Fire Prevention Act and regulations under that Act, for the fighting of fires, the prevention of fire in the local service district and the inspection of buildings in the local service district for fire prevention purposes;

(h) providing for the storage of solid waste and its collection;

(i) inspecting the operations and proceedings of local service district committees and remuneration of members;

(j) providing for grants to local service district committees and the amount and times of payment, and prescribing the terms and conditions under which those grants may be made, including conditions respecting contributions to be made by householders;

(k) providing for loans to local service district committees and the amount and times of repayment of the loans, and prescribing the terms and conditions of and under which those loans may be made;

(l) respecting the appointment of an auditor and the carrying out of his or her duties; and

(m) disallowing works proposed by a local service district committee or the discontinuance of works already started and prescribing how that disallowance or discontinuance shall be made known to the local service district committee concerned.

1979 c33 s643

653. The local service district committee may with the approval of the minister or, the minister may on behalf of the local service district committee, acquire by agreement or expropriation, land, water, water rights, water privileges or works necessary for carrying out the purposes and provisions of this Part.

1979 c33 s644

PART VII
REGULATIONS
Back to Top Regulations

654. The Lieutenant-Governor in Council may make regulations

(a) prescribing the form and content of feasibility reports made under this Act; and

(b) prescribing forms for elections and plebiscites and for other purposes with respect to elections.

1979 c33 s645

Schedule A

FORM A

NOMINATION FORM

We, A.B. and B.C., being persons eligible to vote in the municipality of _____________________ nominate:

D.E. of _____________________, _________________________ for
(Residence) (Occupation)

_____________ (ward ) in the municipality of _________________.

_________________
Proposer's Signature

_________________
Seconder's Signature

I, D.E., accept this nomination.

__________________
Candidate's Signature

Declared before me at )
)
this day of ) D.E.
)
)
. . . . . . . . . . . . . . . . . . . . . . . . .
(Returning Officer)

FORM B

DECLARATION OF QUALIFICATION BY CANDIDATE

I, A.B., a candidate for councillor in the municipality of ______________________, declare that:

1. I am a Canadian citizen 18 years or over.

2. I have lived in the municipality for at least 6 months before the date set for the nomination.

3. I am not indebted to the council for arrears of taxes.

4. I am not otherwise disqualified under the Municipalities Act.

And I make this solemn declaration conscientiously believing it to be true and knowing that it is of the same effect as if made under oath or affirmation and under the Canada Evidence Act.

Declared before me at )
)
this day of ) A.B.
)
)
. . . . . . . . . . . . . . . . . . . . . . . . .
(Returning Officer)

FORM C

OATH OR AFFIRMATION OF VOTER

I, A. B., do solemnly swear (or affirm)

(a) that I have not voted this day in another polling place of this municipality at the present election;

(b) that I am a Canadian citizen 18 years or older;

(d) that I am not to my knowledge otherwise disqualified to vote at this election; and

(e) that I have not received by myself or another, or a person in trust for me, or to my use directly or indirectly, a promise or security for money, place, office, or employment, or gift or reward, in order to give my vote at this election.

(Where an oath is taken, add "So help me God".)

Declared before me at )
)
this day of ) A.B.
)
)
. . . . . . . . . . . . . . . . . . . . . . . . .
(Returning Officer)

FORM D

BALLOT PAPER

Election of Councillors of the
municipality of _____________
(name)

Ballot Paper

Voters may vote for a number of candidates up to but not exceeding

(number)

BROWN
Joan Brown, of (address) Merchant

CLARK
George Clark, of (address) Fisherman

JONES
Henry Jones, of (address) Labourer

SMITH
Elizabeth Smith, of (address) Lawyer

FORM E

DIRECTIONS FOR THE GUIDANCE OF VOTERS IN VOTING

The voter shall go into 1 of the compartments, and with the pencil provided in the compartment, place a cross, on the right hand side, opposite the name of the candidate for whom he or she votes.

The voter shall fold up the ballot paper so as to show the name or initials of the returning officer or deputy returning officer, signed on the back, and upon leaving the compartment shall, without showing the front of the paper put the ballot paper in the ballot box and shall immediately leave the polling booth.

If the voter inadvertently spoils a ballot paper, he or she may return it to the deputy returning officer (or returning officer) who will, where satisfied that the spoiling of the ballot paper was as a result of inadvertence, give him or her another ballot paper.

If the voter votes for more candidates than he or she is entitled to vote for, his or her ballot paper will be void and will not be counted for any of the candidates.

If the voter places a mark on the ballot paper by which he or she may afterwards be identified or if the ballot paper has been torn, defaced, or otherwise dealt with by the voter so that the voter can be identified, it will be void and will not be counted.

If the voter takes a ballot paper out of the polling booth or deposits in the ballot box a paper other than the 1 given to him or her by the officer, the voter is subject to a penalty of $100 or in default of payment to imprisonment for a term not exceeding 3 months.

FORM F

POLL BOOK

FORM G

OATH OR AFFIRMATION OF RETURNING OFFICER,
DEPUTY RETURNING OFFICER AND POLL CLERK

I, A.B., swear (or affirm) that I will truly, faithfully and impartially, to the best of my knowledge and ability, execute the office of (inserting the name of the office) in this municipality, and that I have not received and will not receive a payment or reward or promise of payment or for the exercise of a partiality or other undue execution of the office. (Where an oath is taken, add "So help me God".)

Declared before me at )
)
this day of ) A.B.
)
)
. . . . . . . . . . . . . . . . . . . . . . . . . .
C.O. or J.P.

FORM H

OATH OR AFFIRMATION OF SECRECY

I, A.B., swear (or affirm) that I will not unlawfully attempt to ascertain the candidate for whom an elector voted, and will not help in the unlawful discovery of the candidate for whom an elector voted, and that I will keep secret all knowledge that may come to me of the person for whom an elector has voted. (Where an oath is taken, add "So help me God".)

Declared before me at )
)
this day of ) A.B.
)
)
. . . . . . . . . . . . . . . . . . . . . . . . .
C.O. or J.P.

FORM I

OATH OR AFFIRMATION OF INCAPACITY TO MARK
BALLOT

I, A.B., solemnly swear (or affirm) that I am unable to read and to understand the ballot paper so as to mark the ballot paper (or that I am incapacitated by physical cause, or as the case may be, from voting) without assistance. (Where an oath is taken, add "So help me God".)

Declared before me at )
)
this day of ) A.B.
)
)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C.O. or J.P.

(or where sworn or affirmed by person assisting)

Declared before me at )

this day of ) A.B.

by A.B. )

this document having been read over )

and explained to him (or her) and by )

certifying that he (or she) understood )

the document )

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

C.O. or J.P.
FORM J

OATH OR AFFIRMATION OF POLL CLERK UPON
DELIVERING BALLOT BOX TO RETURNING OFFICER

I, A.B., poll clerk, in the polling place No. , swear (or affirm)

(a) that I have been entrusted by the deputy returning officer to deliver the ballot box used in the polling place to the returning officer;

(b) that the ballot box that I deliver to the returning officer this day is the ballot box I so received;

(d) that it has not been opened by another person since I received it from the deputy returning officer.

(Where an oath is taken, add "So help me God".)

Declared before me at )
)
this day of ) A.B.
)
)
. . . . . . . . . . . . . . . . . . . . . . . . .
C.O. or J.P.

FORM K

OATH OR AFFIRMATION OF RETURNING OFFICER OR DEPUTY OFFICER AFTER CLOSE OF POLL

I, A.B., returning officer (or deputy returning officer) for the (ward, polling division) in the municipality of ____________________ solemnly swear (or affirm) to the best of my knowledge and belief,

(a) that the poll book kept for the polling booth under my direction has been kept correctly;

(b) that the total number of votes polled according to the poll book is and that it contains a true and exact record of the votes given at the polling booth, as the votes were taken there,

(c) that I have correctly counted the votes given for each candidate, in the manner by law provided, and performed all duties required of me by law, and

(d) that the statement, voters' list, poll book, packets containing ballot papers, and other documents required by law to be retained by me or returned by me to the returning officer, have been faithfully and truly prepared and placed in the ballot box, and are contained in the ballot box retained by or returned by me to the returning officer, which was locked and sealed by me and remained so locked and sealed while in my possession.

(Where an oath is taken, add "So help me God".)

Declared before me at )
)
this day of ) A.B.
)
)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C.O. or J.P.

1979 c33 Sch A; 1980 c24 s12

Schedule B

DUTIES OF OFFICERS

MANAGER

The manager

(a) shall report to the council and make recommendations concerning the operation, costs and regulation of the affairs and activities of the municipality;

(b) shall supervise and report to the council upon the performance of all contracts entered into by the council and satisfy himself or herself that the terms of the contracts have been fulfilled;

(c) shall make recommendations to the council concerning the maintenance and construction of municipal property, facilities and services and for their development, expansion and improvement;

(d) shall ensure that council decisions, regulations and orders are implemented and enforced;

(e) shall direct the preparation of the municipal budget on an annual and other basis that the council may direct and make recommendations concerning the budget to the council;

(f) shall supervise the collection of revenues and control and administer expenditures and report on those activities to the council;

(g) shall coordinate, supervise and direct the activities of all departments of the municipality;

(h) shall make recommendations and take the action that may be necessary to employ, discipline, suspend or dismiss an employee of the council;

(i) shall supervise the conduct of negotiations with trade unions representing council employees and make recommendations to the council respecting wages, salaries and working conditions of employees and supervise a collective agreement entered into with respect to them;

(j) shall initiate and encourage participation in training programs designed to improve the performance of municipal employees;

(k) shall, where there is no head of a department, have the powers and shall exercise the duties of the department head, subject to the manager obtaining the professional advice necessary to perform that function where it is required; and

(l) shall carry out the other duties and exercise other powers that may be vested in the manager by the council.

CLERK

The clerk

(a) has the custody of the seal of the council and shall have it affixed to those documents that are required by the council;

(b) shall record in a minute book

(i) the attendance at and proceedings of the council and its committees,

(ii) the resolutions passed by the council, and

(iii) if required by a councillor present at the meeting, enter the votes on a resolution as given;

(c) is responsible for the filing, maintenance and safe preservation of the minute books, documents and other records of the business of the council and its committees;

(d) has custody of all regulations, official plans, contracts, orders and other official documents and is responsible for their filing, maintenance and safe preservation;

(e) shall issue the permits, certificates, licences, notices and other documents in accordance with procedures adopted by the council; and

(f) shall assume the duties and responsibilities of the treasurer where no treasurer has been appointed or the position is vacant; and

(g) shall carry out the other duties and exercise the other powers that may be assigned by the council.

ENGINEER

The engineer

(a) is responsible for the operation, maintenance and construction of roads, bridges, water and sewage systems, storm drainage systems, and all other municipal works, structures and equipment;

(b) shall prepare monthly reports on the operation, maintenance and costs of municipal works, structures and equipment;

(c) shall make recommendations and prepare tender documents on the design, specifications, and cost estimates for roads, bridges, water and sewage systems, storm drainage systems, and all other municipal works, structures and equipment.

(d) examine applications for development within the municipality submitted to the engineer and certify to council as to their conformity with good design standards and sound engineering principles and practices and that they are compatible with existing public works and services;

(e) shall inspect, supervise, report and make recommendations on the status of engineering investigations, construction projects and surveys.

(f) shall prepare itemized estimates of the finances needed for the operation of his or her department and of capital sums required for municipal works, structures and equipment; and

(g) shall carry out the other duties that may be assigned by the manager, or where there is no manager, by the council.

SUPERINTENDENT OF WORKS

Where there is no town engineer, the superintendent of works

(a) shall supervise the operation, maintenance and repair of municipal works, structures and equipment;

(b) shall prepare weekly reports on the operation and maintenance of municipal works, structures and equipment;

(d) shall supervise the maintenance of property and buildings belonging to the municipality and placed under his or her charge;

(e) shall employ casual labour as is necessary to carry out work, maintain records of that employment and discharge those persons on completion of the work;

(f) shall set work schedules and supervise and report on adherence to these schedules; and

(g) shall carry out other duties that may be assigned to him or her by the manager, or where there is no manager, by the council.

TREASURER

The treasurer

(a) shall arrange for the safekeeping of all the funds and securities of the municipality;

(b) shall receive all money paid to the municipality and disburse funds of the municipality in accordance with procedures established by the council;

(c) shall keep and maintain records of all financial transactions of the municipality in accordance with accepted public accounting practice;

(d) shall keep and maintain records of all assets and liabilities of the municipality and transactions affecting the financial affairs of the municipality;

(e) shall compile, as instructed by the manager, or where there is no manager, by the council, financial statements and reports relating to the financial affairs of the municipality;

(f) within a month of the end of the financial year, prepare a full and detailed balance sheet and a statement of revenue and expenditure; and

(g) carry out the other duties that may be assigned to the manager, or where there is no manager, by the council.

PLANNER

The planner

(a) shall recommend policies to guide and control the long term development of the municipality so as to achieve the common well being of the community and to conserve the financial and material resources of the municipality;

(b) shall review all major capital development projects considered by the council and report on their implications for the future development of the municipality;

(c) shall prepare in conformity with the Urban and Rural Planning Act those plans, schemes, and regulations that may be required by council.

(d) shall conduct and advise council on surveys and studies of land use, population growth, economic base, present and future transportation needs, public services, social services, the environment and other factors that are relevant to the preparation and implementation of development plans;

(e) shall review and recommend on, or if delegated by council, shall decide upon all applications for development permits submitted to the council for approval under regulations made under the Urban and Rural Planning Act;

(f) shall review and recommend on, or, if delegated by the council, shall decide upon all plans of subdivision submitted to the council for approval, under the Urban and Rural Planning Act;

(g) shall maintain an up-to-date record of planning applications, decisions and of all new development in the municipality; and

(h) shall carry out other duties that may be assigned by the manager, or where there is no manager, by the council.

DIRECTOR OF RECREATION

The director of recreation

(a) shall plan, develop and recommend a recreation program for the municipality;

(b) shall prepare reports on recreational facilities, equipment, programs, operational costs and benefits derived from existing recreation programs and facilities;

(c) shall prepare itemized estimates of the financial requirements for facilities, equipment, personnel and project expenses necessary to effectively carry out the municipal recreation program;

(d) shall supervise all paid and unpaid personnel working in support of the recreation program, assign and schedule projects, determine priorities, and allocate the functions and responsibilities to be carried out by individuals and associations;

(e) shall provide a liaison between sports governing bodies and recreation associations and the municipality and help in the coordination of their recreation programs;

(f) shall keep the public informed on the variety of recreation programs available, schedule activities and encourage active participation;

(g) shall supervise and promote use of parks within the municipality and help in the development of others; and

(h) shall carry out other duties that may be assigned by the manager, or where there is no manager, by the council.

FIRE CHIEF

The fire chief

(a) shall recommend the most suitable form and method of organization for the municipal fire department and recommend rules and regulations for its control and management;

(b) shall prepare and submit itemized estimates of the financial needs of the municipal fire department for materials supplies, equipment and manpower;

(c) shall direct the deployment of the municipal fire department personnel for maximum effectiveness, maintain a program of recruitment, selection, and promotion of personnel, supervise the evaluation of personnel and provide for a comprehensive program of training;

(d) shall respond to and take command at fires personally or through subordinate officers and direct firefighting activities;

(e) shall establish a liaison with provincial firefighting and prevention authorities and keep abreast of latest developments and firefighting methods, equipment and administration and promote public awareness of fire prevention techniques;

(f) shall prepare reports on firefighting equipment and apparatus and the condition of buildings and businesses within the municipality regarding fire protection;

(g) shall recommend to council fire protection plans for their consideration and implement those plans upon approval; and

(h) shall carry out other duties that may be assigned by the manager, or where there is no manager, by the council.

1979 c33 Sch B; 1982 c55 s48