First

Session, 47th General Assembly

Elizabeth II, 2012

BILL 35

AN ACT TO AMEND THE

MUNICIPAL AFFAIRS ACT

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

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

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

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

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

HONOURABLE

KEVIN O'BRIEN

Minister of Municipal Affairs

Ordered

to be printed by the Honourable House of Assembly

EXPLANATORY NOTE

This Bill would amend the Municipal Affairs Act to authorize the

removal of a regional service board established or continued under the Regional Service Boards Act, 2012 , or a

member of a regional service board, where the affairs of the board are managed

in an irregular, improper or improvident manner.

A BILL

AN ACT TO AMEND THE MUNICIPAL

AFFAIRS ACT

Analysis

S.2 Amdt.

Definitions

S.6 Amdt.

Procedure on irregularity

Commencement

Be it enacted by the Lieutenant-Governor and

House of Assembly in Legislative Session convened, as follows:

SNL1995 cM-20.1

as amended

(1) Paragraph 2(

e) of the Municipal Affairs Act is amended by

deleting the word "and" at the end of subparagraph (iv), by deleting

the semi-colon and adding a comma and the word "and" at the end of

subparagraph (v), and by adding immediately after that subparagraph the

following:

(vi) a regional service board;

(2) Section 2 of the Act is amended by adding

immediately after paragraph (

e) the following:

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

regional service board established or continued by the Regional Service Boards Act, 2012 ;

Section 6 of the Act is amended by adding

immediately after subsection (5) the following:

(5.1) Notwithstanding subsection (3), in the case of

the dismissal of a regional service board or a member of a regional service

board, the Lieutenant-Governor in Council may appoint a new chairperson or the

minister may appoint one or more new members in accordance with the Regional Service Boards Act, 2012 to

take the place of the board or member dismissed, and, where an officer is

dismissed, the minister may appoint another officer in his or her place and

prescribe the remuneration which shall be payable to him or her by the board.

(5.2) Where an appointment is made under subsection

(5.1), a member of a dismissed regional service board and a member dismissed

from a regional service board is not qualified to be appointed as a member of

the new regional service board or as a member of the regional service board

from which he or she was dismissed or of a different regional service board

where the appointment is made within 2 years after the date of the dismissal.

(5.3) Notwithstanding subsection (5), the minister

may, upon the dismissal of a regional service board or where the number of

members of a regional service board are less than a quorum, appoint, by order

in writing, an official administrator or a commission of administration of 3

persons.

Commencement

3. This Act comes into force on the day that the Regional Service Boards Act, 2012 comes

into force.

William E. Parsons, Queen's Printer