Fourth

Session, 45th General Assembly

Elizabeth II, 2007

BILL 29

AN ACT TO AMEND THE

MUNICIPALITIES ACT, 1999

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

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

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

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

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

HONOURABLE

JACK BYRNE

Minister of Municipal Affairs

Ordered

to be printed by the Honourable House of Assembly

EXPLANATORY NOTES

Clause 1 of the Bill would amend the Municipalities Act, 1999 to add the

definitions "municipal service delivery corporation" and "regional

service board" to the Act.

In clauses 2, 3, 4 and 5 of the Bill,

it would be clarified that municipal service delivery corporations and regional

service boards are not subject to real property, business or poll taxes.

Clause 6 of the Bill would authorize

the incorporation of municipal service delivery corporations for the purpose of

providing the services described in

Part VII of the Act.

Clause 7 of the Bill would expand the

list of entities with whom councils may enter into agreements to include

regional service boards and municipal service delivery corporations.

A BILL

AN ACT TO AMEND THE MUNICIPALITIES ACT,

Analysis

S.2 Amdt.

Interpretation

S.118 Amdt.

Tax exempt property

S.120 Amdt.

Business tax

4. S.125 Amdt.

Minimum business tax

5. S.127 Amdt.

Exemption from poll tax

6. S.192.1 Added

Municipal service delivery corporations

7. S.219 R&S

Joint ventures

Be it enacted by the Lieutenant-Governor and

House of Assembly in Legislative Session convened, as follows:

SNL1999 cM-24

as amended

1. (1) Subsection 2(1) of the Municipalities Act, 1999 is amended by

adding immediately after paragraph (

o) the following:

(o.1) "municipal service delivery

corporation" means a corporation incorporated under the Corporations Act for the purpose described

section 192.1;

(2) Subsection 2(1) of the Act is amended by

adding immediately after paragraph (

u) the following:

(u.1) "regional service board" means a

regional service board established under the Regional Service Boards Act;

2. Paragraph 118(

b) of the Act is repealed and the

following substituted:

(

b) real property belonging to a municipality or

its agents, a regional service board or a municipal service delivery corporation;

Section 120 of the Act is amended by

renumbering it as subsection 120(1) and by adding immediately after that subsection the following:

(2) This

section shall not apply to a regional

service board or a municipal service delivery corporation which may be carrying

on business in the municipality.

Section 125 of the Act is amended by adding

immediately after subsection (1) the following:

(1.1) Subsection (1) shall not apply to a regional

service board or municipal service delivery corporation operating in the

municipality.

5. Subsection 127(1) of the Act is amended by

adding immediately after paragraph (

a) the following:

(a.1) a regional service board or a municipal

service delivery corporation;

6. The Act is amended by adding immediately after

section 192 the following:

Municipal service

delivery corporation

192.1

(1) A

municipality, a local service district and an unincorporated area, or a

combination of at least 2 of those entities, may, with the prior written

approval of the minister, incorporate a corporation under the Corporations Act for the purpose of

delivering one or more of the services described in this Part.

(2) The minister may prescribe terms and

conditions for the operation of a municipal service delivery corporation incorporated

under subsection (1).

Section 219 of the Act is repealed and the

following substituted:

Joint ventures

219. A

council may enter into an agreement with the government of the province, a

regional service board or municipal service delivery corporation or another

municipality, agency or person 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.

Earl G. Tucker, Queen's Printer