Second

Session, 47th General Assembly

Elizabeth II, 2013

BILL 20

AN ACT TO AMEND THE

CITY OF CORNER BROOK ACT, THE CITY OF MOUNT PEARL ACT, THE CITY OF ST. JOHN'S

ACT AND THE MUNICIPALITIES ACT, 1999

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

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

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

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

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

HONOURABLE

STEVE KENT

Minister of Municipal and Intergovernmental Affairs

Ordered

to be printed by the Honourable House of Assembly

EXPLANATORY NOTES

This Bill would amend the City of Corner

Brook Act , the City

of Mount Pearl Act ,

the City of St. John's Act and the Municipalities Act, 1999 to allow a

council to appoint a youth

representative; and

councillor to participate in a

meeting by electronic means.

A BILL

AN ACT TO AMEND THE CITY OF CORNER BROOK

ACT, THE CITY OF MOUNT PEARL ACT, THE CITY OF ST. JOHN'S ACT AND THE

MUNICIPALITIES ACT, 1999

Analysis

CITY

OF CORNER BROOK ACT

S.13.1 Added

Youth representative

S.20 Amdt.

Vacancies

S.31 Amdt.

Frequency of meetings

CITY

OF MOUNT PEARL

ACT

S.13.1 Added

Youth representative

S.20 Amdt.

Vacancies

S.31 Amdt.

Frequency of meetings

CITY

OF ST. JOHN 'S

ACT

S.5.01 Added

Youth representative

S.9 R&S

Eligibility re council membership

S.39 Amdt.

Weekly meetings

MUNICIPALITIES

ACT, 1999

S.13.1 Added

Youth representative

S.24 Amdt.

Meetings

S.51 Amdt.

Frequency of meetings

S.206 Amdt.

Vacancies

Be it enacted by the Lieutenant-Governor and

House of Assembly in Legislative Session convened, as follows:

CITY OF CORNER BROOK ACT

RSNL1990 cC-15

as amended

1. The City

of Corner Brook Act is amended by adding immediately after

section 13 the

following:

Youth representative

13.1

(1) The

council may appoint a person with the title "youth representative" to

sit with the council and participate in its deliberations for a term and on

conditions that the council may decide.

(2) A person appointed as a youth representative

shall be less than 18 years of age at the time of appointment.

(3) A person appointed as a youth representative

is not a member of council and shall not be counted for the purpose of

determining a quorum or deciding a vote of the council.

2. Paragraph 20(2)(

c) of the Act is repealed and

the following substituted:

(

c) has been absent from the city for a continuous

period of more than 6 months;

Section 31 of the Act is amended by adding

immediately after subsection (2) the following:

(3) The council may allow a councillor to

participate in a meeting by electronic means where the electronic means enables

the councillor to listen to the proceedings and to be heard.

(4) A councillor participating in a meeting by

electronic means is considered to be in attendance at the meeting.

(5) Subsections (3) and (4) also apply to meetings

held under

section 41.

CITY OF MOUNT

PEARL ACT

RSNL1990 cC-16

as amended

4. The City

of Mount Pearl Act is amended by adding immediately after

section 13 the

following:

Youth representative

13.1

(1) The

council may appoint a person with the title "youth representative" to

sit with the council and participate in its deliberations for a term and on

conditions that the council may decide.

(2) A person appointed as a youth representative

shall be less than 18 years of age at the time of appointment.

(3) A person appointed as a youth representative

is not a member of council and shall not be counted for the purpose of

determining a quorum or deciding a vote of the council.

5. Paragraph 20(2)(

c) of the Act is repealed and

the following substituted:

(

c) has been absent from the city for a continuous

period of more than 6 months;

Section 31 of the Act is amended by adding

immediately after subsection (4) the following:

(5) The council may allow a councillor to

participate in a meeting by electronic means where the electronic means enables

the councillor to listen to the proceedings and to be heard.

(6) A councillor participating in a meeting by

electronic means is considered to be in attendance at the meeting.

(7) Subsections (5) and (6) also apply to meetings

held under

section 41.

CITY OF ST.

JOHN 'S ACT

RSNL1990 cC-17

as amended

7. The City

of St. John's Act is is amended by adding immediately after

section 5 the

following:

Youth representative

5.01

(1) The

council may appoint a person with the title "youth representative" to

sit with the council and participate in its deliberations for a term and on

conditions that the council may decide.

(2) A person appointed as a youth representative

shall be less than 18 years of age at the time of appointment.

(3) A person appointed as a youth representative

is not a member of council and shall not be counted for the purpose of

determining a quorum or deciding a vote of the council.

Section 9 of the Act is repealed and the

following substituted:

Eligibility re

council membership

9. A

member of the council who during the term of office

(

a) is absent from the city for a continuous

period of more than 6 months; or

(

b) is convicted for an indictable offence

shall stop being a member of th e

council.

Section 39 of the Act is amended by adding

immediately after subsection (2) the following:

(3) The council may allow a councillor to

participate in a meeting by electronic means where the electronic means enables

the councillor to listen to the proceedings and to be heard.

(4) A councillor participating in a meeting by

electronic means is considered to be in attendance at the meeting.

(5) Subsections (3) and (4) also apply to meetings

held under

section 38.

MUNICIPALITIES ACT, 1999

SNL1999 cM-24

as amended

10. The Municipalities

Act, 1999 is amended by adding immediately after

section 13 the following:

Youth representative

13.1

(1) A

town council may appoint a person with the title "youth representative"

to sit with the council and participate in its deliberations for a term and on

conditions that the council may decide.

(2) A person appointed as a youth representative

shall be less than 18 years of age at the time of appointment.

(3) A person appointed as a youth representative

is not a member of the town council and shall not be counted for the purpose of

determining a quorum or deciding a vote of the council.

Section 24 of the Act is amended by adding

immediately after subsection (2) the following:

(2.1) A town council may allow a councillor to

participate in a meeting by electronic means where the electronic means enables

the councillor to listen to the proceedings and to be heard.

(2.2) A councillor participating in a meeting by

electronic means is considered to be in attendance at the meeting.

(2.3) Subsections (2.1) and (2.2) also apply to

meetings held under sections 23 and 213.

Section 51 of the Act is amended by adding

immediately after subsection (2) the following:

(2.1) A regional council may allow a councillor to

participate in a meeting by electronic means where the electronic means enables

the councillor to listen to the proceedings and to be heard.

(2.2) A councillor participating in a meeting by

electronic means is considered to be in attendance at the meeting.

13. Paragraph 206(1)(

d) of the Act is repealed and

the following substituted:

(

d) he or she has been absent from the

municipality for a continuous period of more than 6 months;

Queen's Printer