MUNICIPALITIES 1 1 BILL No. 116

An Act to amend The Municipalities Act respecting Municipal Status and Non-compliance and to make consequential and related amendments to other Acts (Assented to ) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Saskatchewan, enacts as follows:

Short title 1 This Act may be cited as The Municipalities Amendment Act, 2013 (No. 2). S.S. 2005, c.M-36.1 amended 2 The Municipalities Act is amended in the manner set forth in this Act.

Section 2 amended 3 Subsection 2(1) is amended: (

a) by repealing clause (

a) and substituting the following: “(a) ‘additional service area’ means a geographical area within a rural municipality or municipal district that includes a residential or other land use requiring services or levels of services that are different from the services or levels of services provided in areas of the rural municipality or municipal district that are not additional service areas”; (

b) by repealing clause (

g) and substituting the following: “(g) ‘by-election’ means: (

i) with respect to a municipality other than a municipal district or rural municipality, a by-election as defined in

section 2 of The Local Government Election Act; (ii) with respect to a rural municipality, a by-election as defined in

section 160.01 of The Local Government Election Act; and (iii) with respect to a municipal district, a by-election as defined in

section 2 or

section 160.01 of The Local Government Election Act as set out in the order made pursuant to

section 51.1 for the municipal district”;

MUNICIPALITIES 2 2 (

c) by repealing clause (

n) and substituting the following: “(n) ‘general election’ means: (

i) with respect to a municipality other than a municipal district or rural municipality, a general election as defined in

section 2 of The Local Government Election Act; (ii) with respect to a rural municipality, a general election as defined in

section 160.01 of The Local Government Election Act ; and (iii) with respect to a municipal district, a general election as defined in

section 2 or

section 160.01 of The Local Government Election Act as set out in the order made pursuant to

section 51.1 for the municipal district”; (

d) by adding the following clause after clause (v): “(v.1) ‘municipal district’ means a municipal district incorporated pursuant to this Act”; (

e) in clause (

w) by adding “ , municipal district ” after “ rural municipality”; and (

f) by repealing clause (ccc) and substituting the following: “(ccc) ‘voter’ means: (

i) in the case of a municipality other than a municipal district or rural municipality, an elector within the meaning of

section 23 of The Local Government Election Act; (ii) in the case of a rural municipality, a voter as defined for the purposes of

Part VIII of The Local Government Election Act; and (iii) in the case of a municipal district, an elector within the meaning of

section 23 of The Local Government Election Act, or a voter as defined for the purposes of

Part VIII of The Local Government Election Act, as set out in the order made pursuant to

section 51.1 for the municipal district”.

Section 48.1 amended 4

Section 48.1 is amended: (

a) in subsection (1): (

i) in the portion preceding clause (

a) by adding “ or a municipal district” after “council of a rural municipality”; and (ii) in clause (

a) by adding “ or municipal district ” after “ rural municipality”;

MUNICIPALITIES 3 3 (

b) in subsection (2) by adding “ or a municipal district” after “council of a rural municipality”; (

c) in subsection (3) in the portion preceding clause (

a) by adding “or a municipal district” after “council of a rural municipality”; and (

d) in subsection (7) in the portion preceding clause (

a) by adding “or municipal district” after “rural municipality”.

Section 48.2 amended 5

Section 48.2 is amended: (

a) in subsection (1) in the portion preceding clause (

a) by adding “or a municipal district” after “council of a rural municipality”; and (

b) in subsection (2) in the portion preceding clause (

a) by adding “or a municipal district” after “council of a rural municipality”.

Section 48.3 amended 6

Section 48.3 is amended: (

a) in subsection (1) by adding “ or a municipal district” after “council of a rural municipality”; (

b) in subsection (2) in the portion preceding clause (

a) by adding “or a municipal district” after “council of a rural municipality”; and (

c) in subsection (4) by adding “ or the municipal district” after “council of the rural municipality”.

Section 50 amended 7(1) Subsection 50(1) is amended by striking out “ subsection (2) ” and substituting “subsections (1.1) and (2)”.

(2) The following subsection is added after subsection 50(1): “

(1.1) A hamlet may be established as an organized hamlet only if it: (

a) meets the prescribed minimums for all of the following: (

i) population; (ii) number of separate dwellings or business premises; (iii) taxable assessment; and (

b) meets any other prescribed criteria ”.

Section 51 amended 8 Subsection 51(2) is repealed and the following substituted: “

(2) An organized hamlet may be incorporated as a resort village or village only if it: (

a) has been an organized hamlet for at least three years;

MUNICIPALITIES 4 4 (

b) meets the prescribed minimums for all of the following: (

i) population; (ii) number of separate dwellings or business premises; (iii) taxable assessment; and (

c) meets any other prescribed criteria. “

(2.1) For the purposes of subsection (2), the regulations may establish minimums and other criteria for resort village incorporation that are different from those for village incorporation”. New

section 51.1 9 The following

section is added after

section 51: “Municipal districts 51.1(1) In this section: (a) ‘former municipality’ means the area of a municipal district that, before the establishment of a municipal district, was, as the case may be: (

i) an urban municipality; (ii) a restructured municipality; or (iii) a rural municipality, including an organized hamlet within a rural municipality; (b) ‘local government Act’ means this Act, the regulations made pursuant to this Act, any other prescribed Act and the regulations made pursuant to any other prescribed Act; (c) ‘urban municipality’ means a town, village or resort village.

(2) The councils of at least one rural municipality and at least one urban municipality may apply to the minister to incorporate as a municipal district.

(3) The application mentioned in subsection (2) must be in the form and manner directed by the minister and must contain: (

a) resolutions of the councils making the application; (

b) an agreement entered into by the municipalities applying to the minister that addresses the matters mentioned in subsection 53(3), and that subsection applies, with any necessary modification, for the purposes of this section; and (

c) any other information required by the minister related to the proposed municipal district or the municipalities.

MUNICIPALITIES 5 5

(4) On receiving the application mentioned in subsection (2) and if the minister considers it to be in the public interest to do so, the minister may, by order: (

a) incorporate the municipal district and describe its boundaries; (

b) assign a name to the municipal district; and (

c) provide for the establishment of the council of the municipal district.

(5) Subject to the regulations made pursuant to

an Act, a reference in the Act to: (

a) an urban municipality is deemed to include the part of the municipal district that was formerly an urban municipality; (

b) a rural municipality is deemed to include the part of the municipal district that was formerly a rural municipality; or (

c) a council or the administrator of a municipality is deemed to include the council of a municipal district or the administrator of a municipal district, as the case may be.

(6) The Lieutenant Governor in Council may make regulations: (

a) prescribing Acts as local government Acts; (

b) prescribing the manner in which local government Acts are to apply to a municipal district, including respecting how all or any provision of a local government Act will apply to a municipal district, the council of a municipal district, the administrator of a municipal district or other prescribed persons or entities; (

c) prescribing any other matter or thing that is required or authorized to be prescribed pursuant to this

section or any of sections 2, 80, 110, 193, 215, 223, 267 and 293; (

d) respecting any additional or other matter or thing that the Lieutenant Governor in Council considers necessary to facilitate the incorporation, management and operation of a municipal district or to meet the purposes of this

section or any of sections 2, 80, 110, 193, 215, 223, 267 and 293.

(7) The power to make regulations pursuant to subsection (6) is to be interpreted as including the power to determine that a municipal district is composed of different areas or parts and to prescribe different criteria, matters or things for different areas or parts of a municipal district.

(8) If there is any conflict between this

section and the regulations made pursuant to this

section and any other Act or regulations, this

section and the regulations made pursuant to this

section prevail.

MUNICIPALITIES 6 6 (9) Subsection 61(3), clauses 62(

a) and (c), subsection 63(2) and

section 64 apply, with any necessary modification, to a minister’s order made pursuant to this section.

(10) Notwithstanding any other Act or law, the Lieutenant Governor in Council may make regulations, pursuant to the authority of this section, amending regulations made pursuant to any other Act for the purpose of amending, correcting or repealing provisions in, or adding provisions to, those regulations to facilitate the incorporation, management and operation of municipal districts or to meet the purposes of this section”. New

section 52.1 10 The following

section is added after

section 52: “Initiating restructuring or change in status if municipality is not in compliance 52.1(1) The council of a municipality shall request the minister to order a restructuring of a municipality pursuant to subclause 61(2)(c)(iii) or a change in status of the municipality pursuant to clause 61(2)(

d) if: (

a) for two or more consecutive years, the municipality has not complied with the prescribed requirements of this Act or regulations or any other Act or regulations made pursuant to the other Act; (

b) the municipality has been notified of its non-compliance pursuant to clause (

a) and is unable to demonstrate compliance to the satisfaction of the minister with the matters set out in the notice within the period indicated in the notice; and (

c) for a municipality other than a rural municipality, the municipality no longer meets the prescribed minimum population for two consecutive censuses as set out in this Act or the regulations.

(2) If a council does not make the request or demonstrate compliance in the period indicated in the notice mentioned in clause (1)(b), the minister shall, after completing any consultations that the minister considers appropriate with affected municipalities, make an order pursuant to subclause 61(2)(c)(iii) or clause 61(2)(d).

(3) The Lieutenant Governor in Council may make regulations: (

a) respecting the areas of non-compliance for the purposes of clause (1)(a); (

b) prescribing the minimum population and the censuses to be used for the purposes of clause (1)(c); (

c) respecting the process to be followed by a municipality to make the request pursuant to this section; (

d) respecting the notices to be given and processes to be followed by the minister with respect to the request and any order to be made pursuant to this section; (

e) respecting any other matter the Lieutenant Governor in Council considers necessary to carry out the intent of this section”.

MUNICIPALITIES 7 7

Section 80 amended 11 Subsection 80(1) is repealed and the following substituted: “

(1) Subject to subsection (2), a council consists of: (

a) in the case of a municipa