Third

Session, 45th General Assembly

Elizabeth II, 2006

BILL 14

AN ACT TO AMEND THE CITY OF CORNER BROOK ACT,

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

MUNICIPALITIES ACT, 1999 AND

THE ST. JOHN'S ASSESSMENT ACT

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

NOTE

The Bill would amend the City of Corner Brook Act , the City of Mount Pearl Act , the City of St. John's Act ,

the Municipalities Act, 1999 and the St. John's Assessment Act to allow a municipal

council to disconnect water services or sewer services for non-payment of

taxes, fees, levies, assessments, fines and other charges imposed by a council.

Currently, municipalities are only

permitted to disconnect water services for non-payment of taxes.

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, THE

MUNICIPALITIES ACT, 1999 AND THE ST. JOHN'S ASSESSMENT ACT

Analysis

CITY

OF CORNER BROOK ACT

S.157 Amdt.

Disconnection of service

CITY

OF MOUNT PEARL ACT

S.156 Amdt.

Disconnection of service

CITY

OF ST. JOHN 'S ACT

S.127 R&S

Action where arrears

MUNICIPALITIES

ACT, 1999

S.132 Amdt.

Disconnection of service

ST. JOHN 'S

ASSESSMENT ACT

S.100 R&S

Action on arrears

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. Subsection 157(1) of the City of Corner Brook Act is repealed and the following substituted:

Disconnection of

service

(1) Where

a tax, fee, levy, assessment, fine or other charge imposed by the council is in

arrears, in addition to other remedies that the council has to enforce payment,

the council may disconnect the service of a water system, sewage system or

water and sewage system provided to the person who owes the tax, fee, levy, assessment,

fine or charge to the council.

CITY OF MOUNT PEARL ACT

RSNL1990 cC-16 as

amended

2. Subsection 156(1) of the City of Mount Pearl Act is repealed and the following substituted:

Disconnection of

service

(1) Where

a tax, fee, levy, assessment, fine or other charge imposed by the council is in

arrears, in addition to other remedies that the council has to enforce payment,

the council may disconnect the service of a water system, sewage system or

water and sewage system provided to the person who owes the tax, fee, levy, assessment,

fine or charge to the council.

CITY OF ST. JOHN 'S ACT

RSNL1990 cC-17 as

amended

Section 127 of the City of St. John's Act is repealed and the

following substituted:

Action where

arrears

(1) Where

a tax, fee, levy, assessment, fine or other charge imposed by the council is in

arrears, in addition to other remedies that the council has to enforce payment,

the council may disconnect the service of a water system, sewage system or

water and sewage system provided to the person who owes the tax, fee, levy, assessment,

fine or charge to the council.

(2) Where it is necessary for the purposes of

subsection (1), the employees or agents of the council may enter upon real

property, whether publicly or privately owned, and at reasonable times enter

into the buildings or structures on the real property.

MUNICIPALITIES ACT, 1999

SNL1999 cM24

as amended

4. Subsection 132(1) of the Municipalities Act, 1999 is repealed and the following substituted:

Disconnection of

service

(1) Where

a tax, fee, levy, assessment, fine or other charge imposed by a council is in

arrears, in addition to other remedies that a council has to enforce payment, a

council may disconnect the service of a water system, sewage system or water

and sewage system provided to the person who owes the tax, fee, levy,

assessment, fine or charge to the council.

ST. JOHN 'S ASSESSMENT ACT

RSNL1990 cS-1

as amended

Section 100 of the St. John's Assessment Act is repealed and the following substituted:

Action on arrears

(1) The

council may, immediately after January 1 and July 1 in each year, take

proceedings to recover all amounts due for taxes, fees, levies, assessments,

fines and other charges then owing and unpaid, including those due for the

immediate past half year.

(2) Where a tax, fee, levy, assessment, fine or

other charge imposed by the council is in arrears, in addition to other

remedies that the council has to enforce payment, the council may disconnect

the service of a water system, sewage system or water and sewage system

provided to the person who owes the tax, fee, levy, assessment, fine or charge

to the council.

(3) Where it is necessary for the purposes of

subsection (2), the employees or agents of the council may enter upon real property,

whether publicly or privately owned, and at reasonable times enter into the

buildings or structures on the real property.

(4) Notwithstanding subsection (2),

section 23

shall continue to apply to the collection of a water tax imposed under

section 22

or an instalment of that tax.

Earl G. Tucker, Queen's Printer