Third Session, 47th

General Assembly

63 Elizabeth II,

BILL 41

AN ACT TO AMEND THE MUNICIPALITIES

ACT, 1999

Received

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

Second

Reading ............................................................................................

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

Third

Reading ...............................................................................................

Royal

Assent .................................................................................................

HONOURABLE KEITH

HUTCHINGS

Minister of

Municipal and Intergovernmental Affairs

Ordered to be printed by

the Honourable House of Assembly

EXPLANATORY NOTE

This Bill would amend the Municipalities Act, 1999 to provide

greater flexibility to municipalities to sell, lease or dispose of real and

personal property that has an estimated fair market value of $500 or more.

A BILL

AN ACT TO AMEND THE

MUNICIPALITIES ACT, 1999

Analysis

S.201.1 R&S

Sale of property valued at less than $500

S.201.2 Amdt.

Adverse possession abolished

3. Ss.201.2 to 201.4 Added

201.2 Sale or lease of

property valued at

$500 or more

201.3 Disposition of real

property

201.4 Other requirements

not affected

Be it enacted by the Lieutenant-Governor and

House of Assembly in Legislative Session convened, as follows:

SNL1999 cM-24

as amended

Section 201.1 of the Municipalities Act, 1999 is repealed and the following substituted:

Sale

of property valued at less than $500

201.1 Where

the estimated fair market value of real or personal property is less than $500,

a council may by resolution sell the real or personal property by private sale.

Section 201.2 of the Act is amended by

renumbering it as

section 201.5.

3. The Act is amended by adding immediately after

section 201.1 the following:

Sale

or lease of property valued at $500 or more

201.2

(1) This

section only applies to real or

personal property with an estimated fair market value of $500 or more.

(2) A council may by resolution sell or lease real

or personal property.

(3) A council shall give public notice of the

council's intention to sell or lease real or personal property.

(4) Public notice under subsection (3) shall

include an advertisement in not fewer than 2 conspicuous places in the

municipality and publication in a newspaper having general circulation in the

municipality, where there is one.

(5) A council shall only accept an offer to sell

or lease real or personal property if that offer is the highest offer for the

property.

(6) Notwithstanding subsection (5), a council

shall not accept an offer to sell or lease real or personal property that is

less than the estimated fair market value.

(7) Notwithstanding subsections (5) and (6), a

council may, by resolution of 2/3 vote of the councillors in office and with

the prior approval of the minister, accept

an offer to sell or lease real property at less than the estimated fair market

value, or accept an offer to sell or lease real property that is not the

highest offer, where the purpose of the sale or lease is social or economic

development.

(8) Notwithstanding subsection (6), a council may,

by resolution of 2/3 vote of the councillors in office and with the prior

approval of the minister, accept an offer to sell real property at less than

the estimated fair market value where the sale is to the owner of adjacent real

property and the real property is of minimal value to another person.

Disposition of

real property

201.3

(1) Where

the estimated fair market value of real property is $500 or more, a council may,

by resolution of 2/3 vote of the councillors in office and with the prior

approval of the minister, accept an offer to dispose of the real property at

less than the estimated fair market value, or accept an offer to dispose of the

real property that is not the highest offer, where the purpose of the disposition

is social or economic development.

(2) A council shall give public notice of the

council's intention to dispose of real property under subsection (1).

(3) Public notice under subsection (2) shall

include an advertisement in not fewer than 2 conspicuous places in the

municipality and publication in a newspaper having general circulation in the

municipality, where there is one.

(4) In this section, "dispose" does not

include sell or lease.

Other

requirements not affected

201.4 Nothing

section 201.1, 201.2 or 201.3 relieves the council from complying with

section 95 of the Urban and Rural

Planning Act, 2000 .

Queen's Printer