Second Session, 45th General Assembly

54 Elizabeth II, 2005

BILL 29

AN ACT TO AMEND THE MUNICIPALITIES ACT, 1999 AND THE MUNICIPAL ELECTIONS ACT

Received and Read the First Time

Second Reading

Committee

Third Reading

Royal Assent

HONOURABLE JACK BYRNE

Minister of Municipal and Provincial Affairs

Ordered to be printed by the Honourable House of Assembly

EXPLANATORY NOTES

Clause 1 of the Bill amends subsection 101(2) of the Municipalities Act, 1999 to establish a final due date for municipal taxes.

Clause 2 of the Bill would add the proposed

section 103.1 to the Act to require town clerks to notify councillors of any taxes owed by the councillor 30 to 40 days before that tax is due. Tax owed after that time is considered to be in arrears.

Clause 3 of the Bill corrects paragraph 118(

a) of the Act where a reference to the territories of Canada was erroneously omitted.

Clause 4 of the Bill would amend paragraph 206(1)(

e) of the Act to require the vacating of a councillor's office once his or her taxes are in arrears.

Clause 5 of the Bill would amend a typographical error in subsection 15(3) of the Municipal Elections Act and would repeal and replace subsection 15(6) of that Act to allow a councillor disqualified from running for office because of tax arrears since the last municipal election to run for office in the upcoming 2005 election.

Clause 6 of the Bill is a commencement clause that would bring the amendments proposed at clauses 1, 3 and 4 into force on January 1, 2006.

A BILL

AN ACT TO AMEND THE MUNICIPALITIES ACT, 1999 AND THE MUNICIPAL ELECTIONS ACT

Analysis

MUNICIPALITIES ACT, 1999

1. S.101 Amdt.

Imposition of taxes

2. S.103.1 Added

Notice of tax status

3. S.118 Amdt.

Tax exempt property

4. S.206 Amdt.

Vacancies

MUNICIPAL ELECTIONS ACT

5. S.15 Amdt.

Qualification

6. Commencement

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

MUNICIPALITIES ACT, 1999

SNL1999 cM-24

as amended

1. Subsection 101(2) of the Municipalities Act, 1999 is repealed and the following substituted:

(2) A council may, in the resolution imposing or varying the tax, set out the date when the tax is due but that date shall not be later than June 30 of the financial year in which the tax is imposed.

2. The Act is amended by adding immediately after

section 103 the following:

Notice of tax status

103.1

(1) The clerk shall, in writing, not more than 40 and not fewer than 30 days before the due date established under

section 101, advise each councillor of the status of that councillor's tax account.

(2) Where a tax owed by a councillor remains unpaid 30 days after that tax is due, that councillor shall be considered to be indebted to the council for arrears of taxes.

3. Paragraph 118(

a) of the Act is amended by adding immediately after the word "province" the words "or territory".

4. Paragraph 206(1)(

e) of the Act is repealed and the following substituted:

(

e) he or she becomes indebted to the council for arrears of taxes;

MUNICIPAL ELECTIONS ACT

SNL2001 cM-20.2

as amended

5. (1) Paragraph 15(3)(

a) of the Municipal Elections Act is amended by striking out the reference to subparagraph "206(1)(f)(iii)" and substituting a reference to subparagraph "206(1)(f)(ii)".

(2) Subsection 15(6) of the Act is repealed and the following substituted:

(6) Notwithstanding subsection (3), where, before the coming into force of this section, a councillor's seat was vacated under paragraph 206(1)(

e) of the Municipalities Act, 1999 , that councillor may be nominated as a candidate for councillor and is eligible for election in the first general election of councillors held after the coming into force of this section.

Commencement

6. Sections 1, 3 and 4 shall come into force on January 1, 2006.

©Earl G. Tucker, Queen's Printer