First

Session, 48th General Assembly

Elizabeth II, 2016

BILL 47

AN ACT RESPECTING THE

RELOCATION OF CERTAIN COMMUNITIES IN THE PROVINCE

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

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

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

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

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

HONOURABLE EDDIE JOYCE

Minister

of Municipal Affairs

Ordered

to be printed by the Honourable House of Assembly

EXPLANATORY NOTES

This Bill would repeal and replace

the Evacuated Communities Act .

The Bill would continue to provide a

mechanism for the minister to declare a community to be a vacated community. However,

permits to erect or occupy a building in a vacated community would only be

required in those communities listed in the

Schedule to the Act.

A BILL

AN ACT RESPECTING THE RELOCATION OF CERTAIN

COMMUNITIES IN THE PROVINCE

Analysis

Short title

Definitions

Order

Permits

Regulations

Retroactive effect

Offence

Transitional

RSNL1990 cE-15 Rep.

Schedule

Be it enacted by the Lieutenant-Governor and

House of Assembly in Legislative Session convened, as follows:

Short title

1. This

Act may be cited as the Evacuated

Communities Act, 2016 .

Definitions

2. In

this Act

(a) "minister" means the minister

appointed under the Executive Council Act

to administer this Act;

(b) "order" means an order made under

section 3;

(c) "permit" means a permit issued under

section 4; and

(d) "vacated community" means a

community in which the majority of inhabitants have moved from the community

with financial assistance from the province.

Order

(1) The

minister may by order declare a community to be a vacated community.

(2) An order

made under subsection (1) shall be published in the Gazette .

Permits

(1) A

person shall not erect a building or occupy a building which he or she erects

or another building in a vacated community listed in the

Schedule except

(

a) under a permit;

(

b) for the purposes stated in the permit; and

the permit.

(2) The minister may issue a permit in writing to

a person for the purpose of erecting or occupying a building in a vacated

community listed in the Schedule.

Regulations

(1) The

minister may make regulations

(

a) prescribing the form of a permit;

(

b) prescribing the purposes for which a permit

may be issued;

and

(

d) generally, to give effect to the purpose of

this Act.

(2) Different regulations may be made in respect

of different vacated communities or in respect of the same vacated community in

different circumstances.

Retroactive

effect

6. Regulations

and orders made under this Act may be made with retroactive effect.

Offence

7. A

person who builds or occupies a building in a vacated community listed in the

Schedule

(

a) without a permit;

(

b) for a purpose other than that stated in a

permit; or

a permit

is guilty of an offence and liable upon

summary conviction to a fine not exceeding $200 and in default of payment to

imprisonment for a term not exceeding 6 months, or to both a fine and

imprisonment.

Transitional

8. On the coming into force of this Act, a valid

permit issued under the Evacuated

Communities Act shall continue to be valid as though it were a permit

issued under this Act until the permit expires.

RSNL1990 cE-15

Rep.

9. The

Evacuated Communities Act is repealed.

Schedule

Big Brook

Grand Bruit

Great Harbour Deep

Petites

Round Harbour

Queen's Printer