City of St. John's Act
S.N.L. 1990, c. C-17
Newfoundland and Labrador — Consolidated Statutes
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RSNL1990
CHAPTER C-17
CITY
OF ST. JOHN
'S ACT
Amended:
1991 c35 s5; 1992 c48 s6; 1993 c34; 1995 c4 s1; 1995 cL-16.1 s30(3); 1995 cP-31.1 s53; 1996 cR-10.1 s11; 1996 c18; 1996 c32; 1997 c4; 1997 c13 s6; 1999 c38; 2000 c6; 2001 cM-20.2; 2001 c42 s8;
2001 cN-3.1 s2; 2002 cW-4.01 s98; 2002 c8; 2003 c5 s3; 2004 c36 s4;
2004 c47 s9; 2005 c26 s3; 2005 c53; 2006 c7 s3; 2006 cC-17.1 s48; 2008 c10 s2; 2008 cF-11.01 s38; 2009 c12; 2009 c39 s3; 2009 c40 ss3&4; 2012 c10 s5; 2012 c26 ss1 to 13; 2013 c16 s25; 2014 c5 ss5&6; 2016 c49 s44; 2016 c52 s1; 2021 cM-20.01 s25; 2023 c24
CHAPTER C-17
AN ACT RELATING TO THE MUNICIPAL
AFFAIRS OF THE CITY
OF ST. JOHN
Analysis
Short title
Definitions
City boundary
Corporation
Council
5.01
Youth representative
5.1
Wards
Remuneration
Rep. by 2001 cM-20.2 s103
7.1
No nomination for mayor or deputy mayor
Rep. by 2001 cM-20.2 s103
Eligibility re council membership
Conflict of interests
Election void
Seat to be vacated
Mayor's duties
Mayor's status
Deputy mayor
15.1
Vacancy re: mayor
15.2
Vacancy re: deputy mayor
15.3
Requirement to resign seat
Absence of mayor
Presiding officer
Points of order
Equality of votes
Contracts
Leave of absence
Internal affairs
Coat of Arms
Use of Coat of Arms
Offence
Seal
Seal required
Flag
Power to make by-laws
Notice required
Publication
Record of by-laws
Breach of by-laws
Declaration of state of emergency
Procedure for offences
Limitation of action
Application of fines
Public meetings
Weekly meetings
Special meetings
Minutes to be public
Notice of meetings
Minutes recorded
Rep by 2021 cM-20.01 s25
Right of entry
Obstructing employees
Posting notice on land
Interference or destruction
Conduct of employees
Bonding of employees
City property defined
Streets vested
Quidi
Vidi
Lake
Bannerman
Park
Council controls park
Swimming pool
Rent to Lieutenant-Governor
Victoria Park
Quidi
Vidi
Park
Parks and Recreation Commission
Acquisition of park land
Sporting events
Council regulates parks
Maintenance
Bowring
Park
Water Store
Accounts of property
Respecting insurance
Crown land
Old Railway Track
Title to Crown land
Plan of Crown lands
City plan
Search of city property
New streets
Planned development
Development proposals
Improvement cost assessed
Appeal from assessment
Water and sewage pipes
Street alteration
Street lighting
Expropriation
Street lines
Payment of assessments
85.1
Interest on arrears
Power to borrow
Water and sewer extensions
Rep. by 1993 c34 s1
New streets recorded
Powers of council
Further powers
Council as owner
Disposition of city land
Rep. by 1993 c34 s2
Planning by-law
Purchase of land for stated purposes
Traffic commission
Development areas
Business improvement areas
99.1
Economic development
Unhealthy areas
Expropriation
Water supply
Fluoridation of water supply
Control of water bodies
Expropriation against pollution
105.1
Water resources
Prohibition in supply area
Application of regulations
Exemption of regulation
Power to excavate
Power to tunnel
Repairing pipes
Water receptacle
Offence to use water
Misuse of water
114.1
Regulations
Placing of pipes
Service pipes
Extra pipes
Laying pipes
Water hydrants
Inspection of pipes
Detection of waste
Water meters
Non-working meter
Water rates
Recovery of rates
Used hydrants
Action where arrears
Street plan
Marking of streets
Removal of landmarks
South side street
Promenade
New streets
Digging up streets
Duty of person digging
Lighting
Approval of poles, sewers, etc.
Penalty
Permits re cables, pipes
Street names and numbering
Sidewalk width
Sidewalk construction
Power re streets
Pedestrians
Pavement, curbs, gutters
Rep. by 2016 c49 s44
Street encumbrances
Restriction re fuel pumps
Penalty for obstruction
Building permits
Obstructing coves
Water drainage
Snow removal
Water
Care of public trees
Planting of public trees
Trimming trees
Overhanging trees
Fence vacant lots
Drinking fountains
Prohibition re crossing
Regulations
Sidewalk traffic
Vehicle identification
Rules of the road
Removal of vehicles
Vehicles for hire
Scales of fares
Control of bicycles
Rules and regulations
Board etc. appointed
Sewage control
Installation of sewer
Sewage tax
Exemption
Private drains
Offence
Penalty
Liability liable for
179.1
Nuisance
Public water
Private sewage house
Penalty
Insurance
Payment
Cost assessed
Recovery of assessment
Ground landlord liable
Improvements affect rent
Sanitation for employees
Catch-basins required
Sanitation regulations
Septic tanks
Dumping into harbour
Stagnant water
Prohibited refuse
Municipal dump
Slaughterhouse
Abattoirs & markets
Public health
Mains outside city
Agreement
Assessments for mains
Assessments outside city
Services outside city
Lien
Street care
Connecting with city sewer
Light and power
Public library
Stadium
Parking lots
Public utilities
Bus service
Shop closing
Pornographic materials
Public buildings safety
Dogs registration
Dog tags
Dogs not to be at large
Penalty
Horses registration
Horses drawn vehicle
Penalty
Financial year
Power to tax
Rep. by 2012 c26 s4
Rep. by 2012 c26 s4
Appraisement basis
Rep. by 2012 c26 s5
Annual value rental
Appraising rental value
Notification of sale
Rep. by 2012 c26 s6
Rep. by 2012 c26 s6
Ground landlords' tax
Rep. by 2012 c26 s7
Rep. by 2012 c26 s7
Rep. by 2012 c26 s7
Sale
of vacant land
Rep. by 2012 c26 s8
Water tax
Public Utilities Act
Mortgaged property
Mortgagee liability
Appraisement
Extension areas
Court of revision
Term of office and sessions
Appeal
Special appraisement
Production of documents
Retrospective tax
Effect of error
Non service
Right to collect
Assessment enforced
Tax exemptions
Further exemptions
Estimated revenue
Rep. by 2012 c26 s11
Payment of taxes
Reduction of tax
Taxes deferred
Powers
Apportionment
Annulment
Balance after sale
Offences
Fuel oil tax
Entertainment tax
Waiver of tax
Admission
Business licence
Other licences
Building contractors
Liability for licence
Licence
Penalty
Circus
Poll Tax
Lien for taxes
Water rates
Waterside mains
Rep. by 1996 c18 s4
Set-off
Money expenditure
Estimates
Audited statement
Publish statement
Expenditure over estimates
Diversion of appropriations
Deficiency
Balance
Special loans
Prohibition re diversion
Voting for expenditure
Requisition for purchase
Bills and accounts
Statistics
Weekly statistics
Borrowing money
Councillors liable
Limitation of liability
Petition for investigation
Commission of investigation
Report of commission
Powers of commission
Referendum
Borrowing money
Borrowing for interim financing
Recovery of taxes
Procedure
Proceedings in city name
Rep. by 1995 cL-16.1 s30(
Rep. by 1995 cL-16.1 s30(
Public nuisances
Substituting officials
Power to appoint employees
Transfer after annexation
Appointments exclusive
Conflict of interest
Duties of officials
Non-liability of employees
Board appointments
City clerk
Powers of clerk
Duties of clerk
City manager
Removal etc. of officials
Preservation of documents
City comptroller
City planning officer
City engineer
Auditor general
Report of auditor general
Remuneration of auditor general
City solicitor
Duties of solicitor
Duties of medical officer
Refusal to comply
340.1
St. John's
Regional Fire Department
340.2
Fire department
340.3
Staff
340.4
Regulations re: management of fire department
340.5
Regulations re members
340.6
Fire code
340.7
Agreements
340.8
Fire alarms, etc.
340.9
Pulling down buildings
340.10
Right re traffic
340.11
Power to enter building
340.12
Other fire department
340.13
Offences
340.14
Association of firefighters
340.15
Existing collective agreements
340.16
No strike
340.17
Collective bargaining
340.18
Duration of agreement
340.19
Board of arbitrators
340.20
Remuneration of board members
340.21
Time limits for proceedings
340.22
Duration of decision or award
340.23
Duration of agreements
340.24
Legislative implementation
Sanitary supervisor
Impounder
Pension schemes
Insurance plans
Pensionable service
Dwellings
Alteration of dwellings
Use of buildings
Zoning by-laws
Light and ventilation
Authority of limit
Traffic causes prohibition
Exemption re industrial enterprise
Prevention of inferior building
Heritage preservation
Unhealthy buildings
Plans approved
Submission of plans
Permit
Change in plans
Liability
Plumbing inspected
Condition of occupation
Exception
Building nuisance
Building location
Distance from street
Plumbing system
Good repair required
Cleanliness required
Prohibit animals
Dangerous materials
Commercial motor vehicles
Car park
Order re nuisances
Unfit dwellings
Power of medical officer and council
Fire prevention
Building height
Ladders
Habitability of houses
Weatherproof
Inspection of houses
Regulations of buildings
Condemnation
Report of engineer
Party walls
Adjacent lights
Building regulations
Development control
Trailers
Residential property
Appeal
Appeal to Trial Division
Procedure
Commercial property
Appeal
Appeal to Trial Division
Procedure
Planning fee
402.1
Regional services
402.2
Public Utilities Board
402.3
Regional fire service
General penalty
403.1
Violation notice
403.2
Issuance of summons
403.3
Regulations
403.4
Employee designation
Orders for possession
Additional penalty
Conditional permission
Previous enactments
Acts
Schedule A
Schedule B
Schedule C
Schedule D
Schedule E
Schedule F
Short title
This Act may be cited as the City of St. John's
Act.
RSN1970 c40 s1
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Definitions
this Act,
(a)
" area
" means the area within the boundaries of the City of St. John's
(b)
" building
" includes every structure, erection, excavation, alteration, or improvement in or upon lands comprised in the area;
(c)
" building
inspector" means a building inspector appointed under this Act;
(d)
" building
site" means lands upon which a building has been located, or upon which it is possible to locate a building;
(e)
" city
" means the City of St. John's
as incorporated by this Act, and reference to the city includes reference to the "Town of St. John's
" and where the context so admits, shall include the council;
(f)
" council
" means the St. John's
Municipal Council referred to in
section 5, and, where the context so admits, shall include the city;
(g)
" development
of land" or "subdivision of land" or "development or subdivision of land" includes
(
i) division of land into 2 or more lots or parts,
(ii)
work
on land with a view to its division into 2 or more lots or parts,
(iii)
the
combining of 2 or more lots or parts of land into 1,
(iv)
alteration to a subdivision, and
(
v) application relating to land capable of being developed with more than 1 building or dwelling or having built on it more than 1 building or dwelling,
and
"develop" or "subdivide" has a corresponding meaning in relation to land; "
(h)
"drain" means a drain used for the drainage of 1 building or premises only for the purpose of communicating from it with a sewer, septic-tank, cesspool or other similar receptacle, into which the drainage of 2 or more houses or premises occupied by different persons is conveyed;
(i)
"dwelling" is a house or building, or portion of a house or building, which is occupied in whole or in part, as the home, residence, or sleeping place of 1 or more persons;
(i.1)
"election" means a general election, by-election or special election held under the Municipal Elections Act;
(j)
" ground
landlord" means the owner of the freehold of land, whether built upon or not, or who receives rent for land exclusive of the buildings which may be erected upon it;
(j.1)
"fire department" means the St. John's
Regional Fire Department referred to in
section 353.1;
(k)
" house
" includes schools, factories, and other buildings in which more than 1 person is employed at a time;
(l)
" lands
and premises" includes messuages
, buildings, lands and easements of any tenure;
(m)
" local
improvements" means an expenditure of public funds upon a street or locality by which that street or locality is benefitted;
(n)
" nuisances
" includes
(
i) premises in a state that is injurious to health;
(ii)
pool, ditch, gutter, watercourse, privy, urinal, cesspool, drain or ashpit
so foul or in such a state as to be injurious to health;
(iii)
accumulation or deposit which is injurious to health;
(iv)
animal so kept as to be injurious to health or a source of annoyance to neighbours;
(
v) house or part of a house so overcrowded as to be dangerous or injurious to the health of the residents;
(vi)
a factory, workshop, or work-place, not kept in a clean state or not ventilated in such a manner as to make harmless where practicable gases, vapours, dust, or other impurities generated in the course of the work carried on in the factory, workshop or work place, that are injurious to health, or so overcrowded while work is carried on as to be injurious or dangerous to the health of those employed in the factory, workshop or work place;
(vii)
chimney sending out smoke or vapours in a quantity as to be objectionable to neighbours;
(viii)
buildings
in a dangerous condition;
(o)
"occupier" or "occupant" includes a person in actual occupation of land or premises without regard to the title under which he or she is in occupation and in the case of premises subdivided and let to lodgers or various tenants the persons receiving the rent payable by the lodgers or tenants whether on his or her own account or on behalf of others;
(p)
" owner
" where used in relation to property within the city
(
i) includes an agent receiving or entitled to receive the rentals of or having the care or management of the property belonging to an owner absent from the province but, that agent shall not incur personal liability for a breach by his or her principal of this Act in relation to the property unless after being required by the council in writing to make good a breach the agent parts with money of his or her principal without retaining an amount sufficient to enable him or her to make good the breach, including penalties for the breach;
(ii)
means, in the case of property held under a building lease, the lessee or his or her assignee, including in the term "assignee" a sub-tenant for the whole or substantially the whole term of the lease, not being a mortgagee,
(iii)
does
not include a mortgagee merely because his or her mortgage vests the legal estate in him or her, but does include a mortgagee in possession;
(q)
"rack-rent" means rent which is not less than 2/3 of the full annual net value of the property out of which the rent arises and the full net annual value shall be taken to be the rent at which the property might reasonably be expected to be let from year to year;
(r)
" sewer
" includes sewers and drains except those that come within the definition of the word "drain" in paragraph (i);
(s)
" street
" means a highway, bridge, road, lane, footway, square, court, alley or passage, cove or firebreak, whether used as a thoroughfare or not.
RSN1970 c40 s2; 1974 No14 s2; 1975 No66 s2; 1977 c94 s21; 1991 c35 s5 ; 2001 cM-20.2 s103
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City boundary
(1)For the purpose of this Act the City of St. John's
shall be bounded in the manner set out in
Schedule A.
(2) The Lieutenant-Governor in Council may by order enlarge or decrease the area of the city and the new boundaries of the city shall be delimited in the order.
(3) An order made under subsection (2) may be made with retroactive effect.
(4) Upon publication of the order, the city, with effect from the date upon which the order has effect and for all the purposes of this Act and a law, rule, regulation or by-law applicable to the city, shall comprise the area within the boundaries delimited in the order, and the order shall have the effect of repealing a prior order made under subsection (2).
(5) An order made under subsection (2) may provide that for the purposes of an election of the council, the order may have effect on a different date than for other purposes.
RSN1970 c40 s6; 1981 c50 s1
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Corporation
The residents of the City of St. John's
are continued as a corporation by the name of the City of St. John's
RSN1970 c40 s7
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Council
(1) The
control and management of the affairs of the city shall be vested in a board to be known as "The St. John's Municipal Council".
(2) The council shall consist of a mayor, deputy mayor and 9 councillors but the council may, subject to the approval of the Lieutenant-Governor in Council, by by-law carried by a 2/3 vote of the council, decrease the number of councillors to 7.
1981 c50 s2; 1997 c4 s1
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Youth representative
5.01
(1) The
council may appoint one or more persons with the title "youth representative" to sit with the council and participate in its deliberations for a term and on conditions that the council may decide.
(2) A person appointed as a youth representative shall be less than 18 years of age at the time of appointment.
(3) A person appointed as a youth representative is not a member of council and shall not be counted for the purpose of determining a quorum or deciding a vote of the council.
2014 c5 s5
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Wards
5.1
(1)The council may, by by-law carried by a 2/3 majority vote of the council, divide the city into 2 or more wards, define the boundaries of those wards and fix the number of councillors to be elected for each ward.
(2) Subject to
section 5, where the council fixes a number of councillors to be elected for each ward, the council may also fix a number of councillors to be elected at large.
2004 c47 s9
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Remuneration
The mayor, deputy mayor and councillors may be paid the annual remuneration that the council may determine by resolution.
1975-76 No9 s2; 1997 c4 s2
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Rep. by 2001 cM-20.2 s103
[Rep. by 2001 cM-20.2 s103]
2001 cM-20.2 s103
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No nomination for mayor or deputy mayor
7.1
(1)Where no person is nominated for the office of mayor, the deputy mayor and councillors may, at the first meeting of the council after an election, elect either the deputy mayor or a councillor to be mayor.
(2) Where no person is nominated for the office of deputy mayor, the mayor and councillors may, at the first meeting of the council after an election, elect one councillor to be deputy mayor.
(3) Where no persons are nominated for the offices of mayor and deputy mayor, the councillors may, at the first meeting of the council after an election, elect one councillor to be mayor and one councillor to be deputy mayor.
1997 c4 s4
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Rep. by 2001 cM-20.2 s103
[Rep. by 2001 cM-20.2 s103]
2001 cM-20.2 s103
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Eligibility re council membership
(1)A member of the council who during the term of office
( a
is absent from the province for a period of 12 consecutive months; or
(
b) convicted for an indictable offence.
(c)
[Rep. by 1996 c18 s1]
shall
stop being a member of the council.
(2) [Rep. by 1996 c18 s1]
1985 c11 s3; 1996 c18 s1
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Conflict of interests
(1)A member of the council shall not hold an office or place or employment from, under, or in connection with the council, or in a department of, in, or upon a work, service or business under the control, management, or direction of the council, directly or indirectly or undertake, execute, or enjoy a contract or agreement with the council;
(2) Notwithstanding subsection (1), a member of the council shall not be disqualified by reason only of being a member of a corporation which has entered into contracts with or done work for the city, but that member of the council shall not vote in respect of the contract or work, and where he or she does so vote that vote shall not be counted.
RSN1970 c40 s26
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Election void
Where a person who is not qualified for election is elected and returned as a member of the council, that
election is void, and the person is not eligible for election for a term of 2 years.
(2) Where a person referred to in subsection (1) sits or votes as a member of the council, that person shall forfeit the sum of $200, for each time he or she sits or votes to be recovered by a person who may sue for the sum in the Trial Division.
RSN1970 c40 s28; 1986 c43 Sch A
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Seat to be vacated
A member of the council who acts in contravention or violation of
section 11, shall stop being a member of the council, and his or her seat shall become vacant; and afterward for each time he or she sits or votes, that person shall forfeit the sum of $200, to be recovered by a person who may sue for the sum in the Trial Division.
RSN1970 c40 s27; 1986 c42 Sch A item 14
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Mayor's duties
The duties of the mayor are
(
a) execute and put in force the laws for the government of the city, and all by-laws and ordinances relating to the laws;
(
b) prosecute and punish all negligence, carelessness and positive violation of duty;
(
c) inspect the conduct of officers in the government of the city;
(
d) communicate information to the council, and recommend to the council the measures within the power of the council, that may improve the finances, health, security, comfort, sanitary condition and appearance of the city;
(
e) preside at all meetings of the council; and
(
f) exercise the powers and perform the duties that may be imposed upon him or her by this Act or by the ordinances of the city.
RSN1970 c40 s29
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Mayor's status
The mayor shall be recognized as the official head of the city for all ceremonial purposes, and by the courts for the purpose of serving civil process, and shall be by virtue of the office, a justice of the peace within the limits of the city.
RSN1970 c40 s30
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Deputy mayor
(1)[Rep. by 1997 c4 s5]
(2) In the absence of the mayor, the powers and duties of the mayor are to be exercised by the deputy mayor.
1978 c45 s1; 1997 c4 s5
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Vacancy re: mayor
15.1
Where a vacancy occurs in the office of the mayor more than 12 months before the expiration of the term of office of the council, a by-election shall be held to fill that position but if a vacancy occurs in the office of mayor fewer than 12 months before the expiration of the term of office of the council, the deputy mayor shall assume the office of mayor for the remaining term of office of the mayor and has the powers and shall exercise the duties of the mayor.
2001 cM-20.2 s103
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Vacancy re: deputy mayor
15.2
Where a vacancy occurs in the office of deputy mayor more than 12 months before the expiration of the term of office of the council, a by-election shall be held to fill that position but if a vacancy occurs in the office of deputy mayor fewer than 12 months before the expiration of the term of office of the council a deputy mayor shall be elected by the mayor and councillors at the first meeting of the council after the vacancy occurs.
2001 cM-20.2 s103
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Requirement to resign seat
15.3
(1)Where a vacancy occurs in the office of the mayor, the deputy mayor or a councillor who wishes to run for election as mayor in a by-election shall first resign as the deputy mayor or a councillor.
(2) Where a vacancy occurs in the office of the deputy mayor, a councillor who wishes to run for election as the deputy mayor in a by-election shall first resign as a councillor.
(3) A resignation referred to in subsection (1) or (2) shall be filed with the city clerk before the beginning of the notice period set out in subsection 14(5) of the Municipal Elections Act
2005 c53 s1
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Absence of mayor
(1) In
the absence of the mayor and deputy mayor the council shall elect a councillor to act as mayor.
(2) The councillor elected under subsection (1) is to exercise the powers and duties of the mayor.
1978 c45 s1
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Presiding officer
The mayor, or in the mayor's absence, the deputy mayor, or in the absence of the mayor and deputy mayor, the councillor elected under
section 16 shall preside at all meetings of the council.
1978 c45 s1
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Points of order
(1) The
decision of the presiding officer on all points of order is final, subject to an appeal by a councillor.
(2) An appeal may be made on a ruling on a point of order decided by the presiding officer, by a councillor stating that he or she appeals the decision, without the councillor making the appeal being recognized by the presiding officer.
(3) The presiding officer may explain the reason for his or her decision on the point of order and following that explanation shall immediately put the question that the presiding officer's decision be upheld.
(4) There is to be no debate on an appeal made under this section.
1978 c45 s1
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Equality of votes
Where there is an equality of votes on a motion or resolution that motion or resolution shall be considered to be defeated.
2002 c8 s1
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Contracts
A contract or agreement shall not be binding upon the council unless authorized by the council, made in the name of the city, and signed by the mayor or, in his or her absence, by a member of the council authorized to sign by the council.
RSN1970 c40 s33
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Leave of absence
The council shall have power to make rules, regulations, or by-laws relating to and governing vacations, sick leave, and leave of absence from duty of employees of the council.
RSN1970 c40 s34
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Internal affairs
(1) The
council shall have power to make rules and by-laws for the regulation and conduct of its own affairs, provided the rules and by-laws are consistent with this Act.
(2) A majority of the members of the council constitutes a quorum for the purpose of a meeting of the council.
RSN1970 c40 s35; 2000 c6 s1
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Coat of Arms
(1)The Coat of Arms of the city is that Coat of Arms described as follows:
"Gules a Paschal Lamb proper between in chief two Escallops Argent a Chief of the last charged with an ancient Ship sail set pennon and flag flying upon Water Barry wavy proper And for the Crest Issuant from a Mural Crown Or a Rocky Mount Sable thereon a Lion passant Or between two Roses Gules each charged with another Argent barbed seeded slipped and leaved proper, Mantled Gules, doubled Argent. On either side a male figure the dexter
habited as a Mariner of the Fifteenth Century holding an Escroll
Argent inscribed thereon the numerals 1497 Sable and the sinister habited as a Mariner of the late Sixteenth Century holding a like Escroll
inscribed 1583".
(2) The Coat of Arms referred to in subsection (1) may for all purposes be called the Coat of Arms of the City of St. John's
(3) A pictorial representation of the Coat of Arms of the City of St. John's
, printed in black and white, is as follows:
RSN1970 c40 s36
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Use of Coat of Arms
RSN1970 c40 s37
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Offence
(1)A person who contravenes or fails to comply with
section 24 is guilty of an offence and liable on
summary conviction to a fine not exceeding $100 and in default of payment to imprisonment for a period not exceeding 3 months or to both a fine and imprisonment.
(2) A conviction in accordance with subsection (1) does not operate as a bar to further prosecution for the continued contravention or failure to comply in accordance with subsection (1), and, where there is a continuing contravention or failure to comply, each day's continuance constitutes a separate offence.
RSN1970 c40 s39
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Seal
The city shall have a corporate seal which shall consist of the Coat of Arms of the City of St. John's, circumscribed by the Latin words
"SIGILLUM-MUNICIPALIS-SANCTIONIS TERRAE-NOVAE".
RSN1970 c40 s40
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Seal required
(1)The corporate seal of the city is to be affixed to every agreement, contract, deed or document to which the city is party and which, in order to bind a corporation, is required to be authenticated by a seal.
(2) An agreement, contract, deed or document under the corporate seal is to be signed by
(
a) the
person referred to in
section 20; and
(
b) the city manager, or in the city manager's absence, the city clerk or the person designated under
section 317 to act for the city manager.
1978 c45 s2
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Flag
(1)The city shall have an official flag consisting of a reproduction of the Coat of Arms of the City of St. John's emblazoned in colours on a white background, the proportions of the flag and the position of the Coat of Arms of the City of St. John's on it being those approved by the council.
(2) The official flag of the city referred to in subsection (1) may be flown at all official places and on all official occasions of the city.
RSN1970 c40 s42
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Power to make by-laws
The council shall have power to make rules, regulations, and by-laws for the purpose of putting into effect the powers and performing the functions and duties vested or imposed by this Act in or on the mayor and council or an official of the city, provided always that those rules, regulations, and by-laws shall not be contrary to the laws of the province.
RSN1970 c40 s43
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Notice required
A rule, regulation, or by-law, and an amendment or repeal of a rule, regulation or by-law, shall not be considered by the council without 1 week's notice in writing having been given at a previous meeting.
RSN1970 c40 s44
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Publication
(1) A
by-law, regulation or rule passed by the council under this Act shall be promulgated by the publication once in
(
a) the
Gazette
; and
(
b) newspaper published within the limits of the city or, where there is no newspaper published there, a newspaper selected by the council
a notice setting out concisely the object and the date of passing of the by-law, regulation or rule and containing the following statement:
Take notice that a person who wishes to view the by-law, regulation or rule may view it at the office of the city clerk of The St. John's Municipal Council at City Hall and that a person who wishes to obtain a copy of it may obtain it at the office upon the payment of a reasonable charge, as established by The St. John's Municipal Council, for the copy.
(2) Upon publication of the notice of a by-law, regulation or rule referred to in subsection (1) in the Gazette
, the by-law, regulation or rule shall come into force and have the effect law as if specifically incorporated in this Act.
RSN1970 c40 s45
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Record of by-laws
(1)A rule, regulation or by-law, and a repeal, alteration, or amendment of a rule, regulation or by-law, when passed and approved by the council, shall be entered in a book to be kept by the city clerk for that purpose.
(2) The council shall print and publish the by-laws of the city in pamphlet form, and shall revise the pamphlet at least every 2 years.
RSN1970 c40 s46
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Breach of by-laws
The council shall have power to prescribe fines for the breach of non-observance of rules, regulations or by-laws passed by the council under the authority of this Act.
RSN1970 c40 s47
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Declaration of state of emergency
(1)Where in the opinion of the council or the mayor it appears desirable in the public interest to do so because of the city's being affected in whole or in part by
(
a) earthquake
, conflagration, explosion or disaster;
(
b) riot
, civil commotion or epidemic;
(
c) snowstorm
or flood; or
(
d) drought or shortage of water,
the
council or mayor may declare a state of emergency in the city or a specified part of the city.
(2) Where a state of emergency is declared under subsection (1) the order declaring the emergency may order the following:
(
a) the
closing of businesses, shops or places of entertainment;
(
b) the
suspension of shop closing regulations;
(
c) the
restriction or prohibition of the use of streets by vehicles;
(
d) curfew for citizens; and
(
e) the
restriction or prohibition of the use of water in the city.
(3) Where an order made under subsection (1) is signed by the mayor and is promulgated by means of radio or television or in another manner that seems advisable in the circumstances of the emergency, the order becomes effective from the time stated in the order.
(4) An order under this
section may be limited as to time or as to a part of the city specified in the order and may be amended by the council or the mayor.
1971 No14 s2; 1971 No70 s2; 1977 c57 s1
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Procedure for offences
(1)Except where otherwise provided offences against this or another Act relating to the municipal affairs of the city or against rules, regulations or by-laws made by the council under this or another Act shall be triable summarily before a Provincial Court judge on the complaint of the city or of a peace officer.
(2) A person may appeal a conviction under this
section to the Trial Division upon
(
a) giving
notice to the convicting Provincial Court
judge within 2 days of his or her intention to appeal; and
(
b) entering
within 4 days into securities to the satisfaction of the Provincial Court
judge to prosecute the appeal without delay and to abide by the result of the appeal.
RSN1970 c40 s48; 1986 c42 Sch A
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Limitation of action
A prosecution for the recovery of penalties shall not be started after the expiration of 6 months from the date when they were incurred.
RSN1970 c40 s49
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Application of fines
(1)Fines recovered under this Act or the by-laws made by the council, under this Act shall, unless by this Act otherwise specifically appropriated, be paid over to the city clerk for the purpose of defraying the general expenses of the city.
(2) Where a fine imposed, for a violation of this Act or a by-law made under it, is for a ticketable
offence the city clerk shall pay to the province an amount that the Minister of Justice may establish, for every ticket processed by the province.
RSN1970 c40 s50; 1995 cP-31.1 s53 ; 2012 c10 s5
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Public meetings
Meetings of the council shall be held in public unless a meeting is called as a special or privileged meeting or declared by a vote of the council at a meeting to be a special or privileged meeting, in which case all members of the public present shall leave.
RSN1970 c40 s51
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Weekly meetings
(1) There
is to be a meeting of the council for the consideration of the general business of the city at least once a week, except during the months of July and August.
(2) Notwithstanding subsection (1), the council may hold additional meetings for the consideration of the general business of the city.
(3) The council may allow a councillor to participate in a meeting by electronic means where the electronic means enables the councillor to listen to the proceedings and to be heard.
(4) A councillor participating in a meeting by electronic means is considered to be in attendance at the meeting.
(5) Subsections (3) and (4) also apply to meetings held under
section 38.
1978 c45 s3; 2014 c5 s6
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Special meetings
Special or privileged meetings of the council may be called at the times that the mayor may consider necessary, or on the written request of 3 members of the council.
RSN1970 c40 s53
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Minutes to be public
(1)Ratepayers may obtain a copy of minutes of the council other than minutes of a special or privileged meeting on written application.
(2) Council may, subject to a condition it may impose, grant permission to a person to view for historic or academic reasons minutes of a special or privileged meeting of council held before 1925.
(3) The council or a member of council or its agents, officials or employees shall not be liable, directly or indirectly, for actions, suits, losses or damages that may result from the view referred to in subsection (1) or (2).
1975-76 No72 s1
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Notice of meetings
A notice of 24 hours shall be given for every regular and special meeting.
RSN1970 c40 s55
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Minutes recorded
Minutes of the proceedings of meetings of the council shall be drawn up and entered by the secretary-treasurer in a book for that purpose and the book shall be properly indexed.
RSN1970 c40 s56
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Rep by 2021 cM-20.01 s25
[Rep by 2021 cM-20.01 s25]
2021 cM-20.01 s25
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Right of entry
(1)The council shall have power to enter upon lands and into buildings for the purpose of carrying out of this Act or the by-laws of the council in relation to this Act.
(2) The power to enter a private residence shall be limited to the hours between 10 a.m. and 4 p.m.
RSN1970 c40 s58
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Obstructing employees
A person refusing admittance to land or into a building, or obstructing an employee of the council in the discharge of his or her duty, shall be liable for each offence to a fine not exceeding $20 or in default of payment to imprisonment not exceeding 1 month.
RSN1970 c40 s59
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Posting notice on land
Where the owner of land or a building or his or her agent cannot be found in the city or where the ownership of land or a building cannot be determined after reasonable inquiry on behalf of the council, a notice required to be served on or given to the owner or his or her agent under this Act shall be considered to have been properly served or given where posted upon the land or building to which the notice relates.
RSN1970 c40 s60
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Interference or destruction
(1)Where a person wilfully or maliciously hinders or interrupts the contractors, employees or agents of the council in the exercise of the powers and authorities under this Act or where a person wilfully or maliciously puts out of order, injures or destroys a pipe, work or material of the council, the offender on conviction in a
summary manner before a provincial court judge shall forfeit a sum not exceeding $20, with costs of suit and shall pay, upon the order of the judge, all damage so occasioned by him or her and in default of payment is liable to imprisonment for a period not exceeding 3 months.
(2) A person who witnesses the commission of an offence referred to in subsection (1) may apprehend without warrant the offender and to convey him or her before a provincial court judge, to be dealt with in the manner provided in subsection (1).
2004 c36 s4
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Conduct of employees
(1)The mayor may suspend until the next meeting of the council and without pay, an employee of the city for neglect of duty, idleness, drunkenness or insubordination but otherwise neither the mayor nor a council or committee of the council shall
(
a) directly
or indirectly interfere in the employment or discharge of employees;
(
b) intervene
to postpone or prevent the collection of a tax, rate, assessment, rent, licence fee or other amount due to the city; or
(
c) condone
a breach of this Act or of by-laws, rules or regulations made under this Act,
and
a person contravening this subsection shall for each offence be subject to a fine of not less than $25 nor more than $100, to be recovered in a
summary manner before a Provincial Court
judge.
(2) An employee or other person in charge of or performing work for the council shall not in the performance of his or her duties obey instructions from anyone except his or her own supervisor or given to him or her in writing by the council through the head of the department for which that employee is working or through the city clerk.
RSN1970 c40 s62
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Bonding of employees
(1)The council may require an employee to be bonded, including an employee whose duties include the collecting, receiving or depositing of money belonging to the city, or to which the city is entitled.
(2) RSN1970 c40 s63
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City property defined
The lands and all buildings on the lands, the lakes and water supply of the city, the water mains, service pipe, hydrants and all other property connected with the water supply of the city, the sewers and sewer pipes, the soil and freehold of every street now open, whether acquired by original grant, or by the user, purchase, gift or bequest, or which afterward may be acquired, are vested in the City of St. John's and shall be held and occupied by the city for the public and common benefit and use of the city, according to the intent of the original grant, purchase, gift, bequest or acquisition.
RSN1970 c40 s64
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Streets vested
Notwithstanding another Act or law, all streets and roads within the boundaries of the city as fixed and delimited by order of the Lieutenant-Governor in Council dated December 10, 1963, or that may be fixed and delimited by Order of the Lieutenant-Governor in Council are vested in the city.
RSN1970 c40 s65
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Quidi
Vidi
Lake
The waters of Quidi
Vidi
Lake
and the land covered by the waters of the lake are vested absolutely in the city of St. John's
, and the St. John's
Municipal council shall have power to control, regulate, restrict, or prohibit the use of the waters of the lake.
RSN1970 c40 s66
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Bannerman
Park
All that parcel of land, containing about 12 acres, shown and described in a plan deposited in the office of the Department of Environment and Lands and situated in the City of St.
John's, bounded south by Military Road, 361 feet more or less and by the grounds of the Colonial Building, 190 feet more or less; east by grounds of the Colonial Building, 307 feet more or less and by Bannerman Road, 713 feet, more or less, north by Circular Road 458 feet more or less and west by the property of Calver and others, 1302 feet more or less and all the adjoining lands that may be obtained by the government or the council for that purpose, shall be vested in the Crown, and set apart, dedicated and appropriated for the sole use and purpose of a public park for the use and accommodation of the residents of St.
John's, and all others resorting to the city.
RSN1970 c40 s67
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Council controls park
The park shall be known as Bannerman
Park
, and shall be under the control and supervision of the council, in whose possession the park is held to be.
RSN1970 c40 s68
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Swimming pool
The council is empowered to lease to the St. John's
Lions Club the portion of Bannerman
Park
that is necessary for the purpose of a swimming pool and dressing rooms for use in connection with the pool, and the lease
(
a) shall
be for a term not exceeding 25 years;
(
b) shall
provide that all buildings and erections on the leased land shall become the absolute property of the city on the expiration of the term of the lease;
(
c) shall prohibit the lessee from charging a fee for admission to or the use of the swimming pool except in accordance with the rates or charges approved by the council; and
(
d) may
contain other terms or conditions that the council considers appropriate.
RSN1970 c40 s69
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Rent to Lieutenant-Governor
In consideration of that lot of land, the private property of the Lieutenant-Governor in Council, situated on the south side of Circular Road, and containing about 10 acres, having been added to the park lands, there shall continue to be paid to the Lieutenant-Governor in Council, on January 1 in each year, the sum of $80, as the estimated value of the land and the annual payment is a charge on the rents of the Crown lands vested in the council.
RSN1970 c40 s70; 2004 c47 s9
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Victoria Park
That parcel of land situated in the west end of the town, upon which stood the building of the old hospital, which land was held under a grant from the Crown dated December 31, 1831, issued under the authority of the Act 6th Wm. IV., Cap. 5, to certain trustees, for the purpose of a hospital and grounds, shall continue to be applied for the purpose of a park for the public, to be called "Victoria Park", and shall be held by the council for that purpose.
RSN1970 c40 s71
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Quidi
Vidi
Park
(1)All those lands situated on the north side of Quidi Vidi Lake between the Lake and the road on the north side of the lake now vested in the city and all other lands bordering Quidi Vidi Lake owned by or under the control of the council and including the lands situated on the north side of the river flowing into Quidi Vidi Lake and lying between King's Bridge Road and the waters of Quidi Vidi Lake known as Quidi Vidi Park shall be held by the city in trust for the public for the purpose of a public park.
(2) The council shall have power to lay out and beautify and adorn the lands referred to in subsection (1), and, in order to raise funds, to charge admission fees, and to rent and let out portions of the lands for temporary purpose consistent with the purpose for which the lands are vested in the city under this section.
(3) The council is empowered to lease to the Newfoundland Amateur Athletic Association a portion of the eastern
section of the lands referred to in subsection (1) on the north side of Quidi
Vidi
Lake
(4) The council shall have power to appoint a committee to be known as the Quidi Vidi Park Committee composed of the mayor as chairperson, the city clerk, the financial supervisor and 6 other members of whom 3 shall be elected annually by the council from its own membership and 3 shall be appointed annually by the council, 1 being a nominee of the St. John's Regatta Committee.
(5) The committee shall have the management and control on behalf of the city of Quidi Vidi
Park in trust for the public for the purpose of a public park.
(6) The committee shall have power to make rules for the conduct of its internal affairs and shall have powers in relation to the park similar to those given to the council under
section 63.
(7) The council may set apart annually out of the revenues of the city a sum sufficient to cover the expenses of the reasonable and appropriate maintenance and operation of the Park and may pay the sum to the committee in the instalments and at the times that the council considers appropriate.
RSN1970 c40 s72
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Parks and Recreation Commission
The council shall have power by by-law
(
a) to establish a parks and recreation commission to be known as the St. John's Parks and Recreation Commission comprised of not more than 12 members; and
(
b) regulate the manner in which the St. John's
Parks
and Recreation Commission shall function, and to define its powers and duties.
1975-76 No9 s3; 1977 c57 s2
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Acquisition of park land
The council shall have power to acquire lands within or outside the city limits by gift, purchase or expropriation and to establish on the lands public parks, gardens, open spaces, playgrounds, swimming pools and recreation grounds and to equip and operate them.
RSN1970 c40 s73
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Sporting events
(1)The council may hold, sponsor, encourage or support those local or national games, sporting events, exhibitions, fairs and recreational and artistic activities that it considers to be in the interests of the residents of the city and other persons resorting to the city, and may spend out of the general revenue of the city the money that it considers appropriate for those purposes.
(2) The council may enter into agreements with
(
a) the
or a province
of Canada
(
b) council of a town, community or region constituted or continued under the Municipalities Act;
(
c) person, firm or corporation
governing
the matters referred to in subsection (1), including, providing for financial and other assistance by or to the council for those matters.
(3) The power conferred by subsection (2) on the council to enter the agreements shall be considered to include a power on the government of the province and on the municipalities referred to in subparagraph (2)(
b) to enter those agreements.
1974 No14 s3; 1979 c33 Sch C
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Council regulates parks
(1)For the purpose of this
section and
section 64, "parks" includes gardens, playgrounds, recreation grounds, green belts and open areas for play, recreation and enjoyment and include buildings in or upon a park and fences or approaches in relation to a park.
(2) The council may make by-laws, rules and regulations with respect to the control, maintenance, preservation, management and use of parks referred to in this Act or other parks owned, leased or controlled by the council.
(3) A person who violates a by-law, rule or regulation made under subsection (2)
(
a) may
be expelled from the park by the council, by a person acting on its authority or by a member of the Royal Newfoundland Constabulary; and
(
b) is guilty of an offence and liable to a fine not exceeding $300 or to imprisonment for a term not exceeding 60 days or to both a fine and imprisonment; and
(
c) addition to a fine or imprisonment set out in paragraph (b), is liable to pay the compensation that a Provincial Court
judge may order for damage caused by that person in violating the by-law, rule or regulation.
1980 c28 s1
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Maintenance
It shall be lawful for the council to spend out of the city revenue the sums that may be required for the maintenance and operations of the parks.
RSN1970 c40 s75
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Bowring
Park
(1)The council shall continue to hold for the use of the residents of the city and all others living in the neighbourhood of or resorting to the city all that land situated at Waterford Bridge, formerly known as Rae Island, presented to the city by Bowring Brothers Limited, together with all additions to it.
(2) The land referred to in subsection (1) shall be set apart and dedicated for the purpose of a public park, and shall be known as Bowring
Park
and referred to in this
section as the park.
(3) The council is empowered to acquire additional lands and properties and include the lands and properties as part of the park and place them under the management of the Bowring Park Committee.
(4) The park shall be managed for and on behalf of the city by a committee known as the Bowring Park Committee, in this
section referred to as the committee, and composed of the mayor, as chairperson, and 9 members:
(a)
4 members shall be elected by the council, 1 of whom shall be a member of council;
(b)
2 members, 1 of whom shall be a member or representative of Bowring Brothers Limited, and shall be nominated by the Newfoundland Board of Trade; and
(
c) the
remaining 3 members shall be the city clerk, the city engineer and the city comptroller.
(5) All the members of the committee except
the city clerk, city engineer and city comptroller shall hold office for a 4 year term.
(6) Where the office of a member appointed by the council becomes vacant the council shall appoint another of its members to serve for the remainder of the term of the member being replaced.
(7) Where the office of a member appointed by the Board of Trade becomes vacant the board shall appoint another person to serve for the remainder of the term of the member being replaced.
(8) The management and control of the park shall be vested in the committee, who shall have control over the expenditure of all money and grants paid, given or made in respect of the park, and shall have authority to engage and dismiss all members of the park staff and all employees, and to determine the remuneration to be paid to and the terms of employment of the members and employees.
(9) The committee shall have power to make rules for the governance of its internal affairs, and shall have similar powers in relation to the park to those in relation to other parks given to the council by
section 63.
(10) Proceedings for penalties or the recovery of compensation for damage to the park may be taken by the committee in its own name.
(11) It shall be the duty of the council to set apart annually out of the city revenue a sum sufficient to cover the expenses of the reasonable and proper maintenance and operation of the park in consonance with the manner in which it has been maintained and operated, and to pay the sum to the committee in the instalments and at the times that may be agreed upon between the committee and the council.
(12) It shall be lawful for the committee to accept gifts from the public for the further improvement of the park and for its maintenance and operation in addition to the sum annually provided by the council.
(13) The accounts of the committee shall be audited and laid before the council annually, and the committee shall provide the council with all details and explanations requested in respect of the audit.
RSN1970 c40 s76; 1975 No66 s3
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Water Store
The building known as the Water Store, situated on King's Road, is vested in the Crown and shall be set apart, dedicated and appropriated for the use of the City, and shall be occupied under the control of the council, in whose possession it shall be held to be.
RSN1970 c40 s77
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Accounts of property
It shall be the duty of the council to keep accurate accounts of the first cost of all city property, including buildings, lands, parks, water extensions, sewer extensions, bridges, and all other property of permanent description.
RSN1970 c40 s78
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Respecting insurance
It shall be the duty of the council to secure adequate insurance against loss by fire or other causes on all city property, and against liability for injuries to persons, including liability under a law for workers' compensation applicable to the city, and all sums paid for premiums, damages or compensation shall be charged to the annual expense of the various city departments concerned.
RSN1970 c40 s79
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Crown land
(1)The management and control of all land, situated within the city limits and belonging to the Crown, whether in possession, reversion or remainder, shall devolve upon and become vested in the council, who shall have power to collect rent due by tenants of Crown property by an action in the name of the city, and may grant leases of Crown property or renew existing leases of Crown property,
(2) Subsection (1) shall not apply to property in the use and occupancy of the government.
(3) Subsection (1) shall not apply to the property known as Fort
William
and contained within the area bounded on the north by Forest Road
, on the east by Empire Avenue, on the south by Plymouth Road
and on the west by King's Bridge Road
or an area included within the city limits after June 1, 1981
RSN1970 c40 s80; 1981 c50 s3
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Old Railway Track
All rights of the Crown or the Lieutenant-Governor in Council in connection with the Old Railway Track Right of Way extending from the junction of Quidi Vidi Road
and Plymouth Road
to the western limits of the city as now existing or afterward are vested in the council for the benefit and use of the city of St. John's
RSN1970 c40 s81
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Title to Crown land
(1)Titles to Crown lands within the limits of the city shall be inspected and a record made.
(2) The council shall require a person claiming to hold Crown lands within the city by a Crown lease or other title not registered in the Registry of Deeds or having Crown land in possession without documents of title, to produce the documents of title or to account for them if lost or destroyed or to account for possession.
(3) The person shall answer questions put to him or her and shall prove upon statutory declaration the facts required to prove the claim.
(4) The city solicitor may register in the Registry of Deeds, free of charge, all documents of title, memoranda or statutory declarations that he or she considers appropriate for the purpose of proving the existence and the terms of the tenancy.
(5) Where it appears to the city solicitor that a person ought to be examined as a witness in relation to the title to the Crown lands, the city solicitor may in writing summon him or her to appear at the time and place that may be appointed and to answer questions and to make a statutory declaration,
(6) Where a person fails to appear and answer and make statutory declaration upon being summoned to do so, the city solicitor may apply to a judge of the Supreme Court in chambers for an order that the person appear and answer and make a statutory declaration and where the person does not obey that order he or she may be dealt with as for contempt of court.
(7) A person who neglects or fails to comply with this
section shall forfeit all right or title to any Crown land claimed to be held by that person under a lease or other title or by possession unless he or she, within 1 calendar month after the service of notice of forfeiture, complies with this section.
(8) Service of this notice may in case of vacant possession, where it cannot otherwise be effected, be made by posting a copy of the notice upon the door of the building or other conspicuous part of the property.
RSN1970 c40 s82
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Plan of Crown lands
The city engineer shall prepare plans on a scale of 13.33 m to 2.5 cm showing the location, boundaries and extent of all Crown lands within the city limits, together with all buildings and erections on the lands.
RSN1970 c40 s83; 1973 No16 s2
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City plan
(1) The
council shall prepare the following plans
(
a) general plan of the city on a scale of 66.66 m to 2.5 cm, showing the lines of all streets which have been authorized, and all buildings within the city limits. and
a copy of this plan shall be kept in the vault of the Registry of Deeds and shall be brought up to date at intervals of 6 months;
(
b) general plan of the city on a scale of 66.66 m to 2.5 cm, showing the water mains, sluices, hydrants and fire alarm boxes;
(
c) general plan of the city on a scale of 66.66 m to 2.5 cm, showing the sewers, manholes, catch-basins and septic tanks;
(
d) sectional plans of the city on a scale of 13.33 m to 2.5 cm, showing the buildings, position and depth of all water pipes, sewers and private drains, manholes, gullies, gas mains, electric light and telegraph conduits and all other underground works;
(
e) sectional plans of the city on a scale of 13.33 m to 2.5 cm, showing all surface drains, gullies, electric and gas lights, fire hydrants, manholes, street car lines and all other public utilities on the surface;
(2) The engineer shall establish and keep a complete system of levels and permanent bench marks in and for the city, with a view to a general plan of sewage and the establishment of the levels of all streets and drains.
(3) The bench marks of a permanent nature shall be placed in the position that the engineer considers most convenient.
(4) The engineer shall keep a plan book, which shall contain an index of all plans, profiles and drawings in the department, and originals plan shall not be allowed out of the office.
RSN1970 c40 s84; 1973 No16 s3
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Search of city property
A person requiring information in relation to land within the limits of the city, and contained in records in the possession of the council, shall be entitled upon application to the city clerk to have a search made for and to be provided with a copy, upon payment of the reasonable fees that may be charged by the council for copying.
RSN1970 c40 s85
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New streets
A new street upon which houses shall be proposed to be erected, shall not be opened or made by private parties through their own ground, within the limits of the city, without the consent of the council.
RSN1970 c40 s86
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Planned development
The council shall have power to control the development of land within the city limits, by the opening of new streets, by the widening, diverting, closing or improving of existing streets and lanes, by the laying out of building lots, and by the provision of fire breaks, parks and recreation grounds, so that the city shall be well ordered, and arrangements made to meet the future needs of the locality where they can be reasonably anticipated.
RSN1970 c40 s87
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Development proposals
(1)Where the council has decided whether upon its own initiative or upon application from owners of 1/2 or more of the lands in question, to open up a locality and to lay out land for building purposes, notice of that decision shall be given to the owners, lessees and occupiers of the lands, and plans shall be submitted which shall show
(
a) the
existing main roads and proposed alterations of the roads;
(
b) new
roads which it is proposed to open;
(
c) the
boundaries of all lands which it is proposed to deal with and the owners of the lands;
(
d) land
to be acquired for the city;
(
e) the
proposed division of the land into building sites; and
(
f) proposals
as to lines of sewers and pipes, mains or conduits, for the supply of water, gas and electricity.
(2) The council shall carefully consider objections or representations made to them by interested parties, provided that the objections are made in writing within 1 month of the time of serving notice of the council's intention to deal with the lands.
(3) Where the objections and representations referred to in subsection (2) have been considered, and the plans have been decided upon by the council, notice of the decision shall be published in the Gazette
and 2 daily newspapers published in the city.
(4) One month after the publications referred to in subsection (3), the council shall have power to proceed to the carrying out of the plans, and may open the new streets, widen, improve, divert or close, existing streets, grade and make the streets and sidewalks, including curbs and gutters, side-drains, catch-pits, and storm sewers, and may lay mains and sanitary sewers.
(5) This
section shall not apply to land owned or occupied by orphanages, schools, hospitals or other similar institutions but where the owners of those lands apply to have the land or a portion of the land laid out for building purposes, then this
section shall apply.
RSN1970 c40 s88
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Improvement cost assessed
The cost of the improvement shall be assessed upon the lands directly benefited by the improvement, according to the frontage on the streets so opened or improved or adjoining.
RSN1970 c40 s89
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Appeal from assessment
Where a person objects to an assessment, that person shall have the same right of appeal to the court of revision and to the Trial Division as in the case of the general appraisement for city taxes.
RSN1970 c40 s90; 1986 c42 Sch A
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Water and sewage pipes
(1)The council shall have power to lay water mains and sewage pipes through existing streets of the city, and shall assess against all building sites on the streets or adjacent to the streets, which may be benefited, the proportion of the cost of the water and sewage installations as the frontage of the building sites bear to the total length of the frontages on the streets.
(2) Where the council considers it necessary or desirable to lay water or sewer mains through private lands instead of in a street, the council shall have power to enter on private lands and lay and construct water and sewer mains, and to assess against the owner of each building site, to which the water or sewer mains are available for servicing by pipe connections a building site, the proportion of the total cost of the laying and construction of the mains, including costs and expenses in connection with the acquisition of necessary easements that the street frontage of the building site bears to the total length of street frontages of all building sites to which the mains are available.
RSN1970 c40 s91
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Street alteration
The council shall have power to alter, widen, or improve an existing street in the city, and shall assess against a building site on the street 1/2 the proportion of the cost of the alteration that the frontage of the building site bears to the length of the street frontage so altered, widened or improved.
RSN1970 c40 s92
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Street lighting
(1)The council is empowered to provide, place or install in an area or on a street of the city special or ornamental or otherwise superior lighting fixtures and standards.
(2) The council may assess and impose the excess cost of the lighting fixtures and standards, or the part of the excess cost that the council may decide, upon the properties situated in the area or upon the street and the owners, in proportion to the annual rental values of the properties as assessed for taxation purposes, and may collect it in the same manner as other taxation.
(3) Excess cost for the purpose of this
section means the cost of the special fixtures and standards and their installation in excess of the average cost at the time of installation of fixtures and standards of the class and kind then in general use in the city and their installation.
RSN1970 c40 s93
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Expropriation
(1)Where it is necessary for the purpose of the alteration, to expropriate the adjoining land, the value of that land shall be arrived at by arbitration in the manner provided by this Act, and shall be included in the cost of the alteration assessed against the building sites on the street.
(2) Where buildings are expropriated for the purpose of removal, the cost of the removal shall be borne by the city, unless it can be clearly demonstrated that the removal was essential for the improvement of the street.
RSN1970 c40 s94
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Street lines
The council shall have power to control the laying out of building lots on a street so that they conform to the street line, and, where necessary, to adjust the boundaries of the lots between the respective owners.
RSN1970 c40 s95
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Payment of assessments
(1)The sums assessed under sections 78, 80, 81, 142, 145 and 174, and sums similarly assessed against the owners of properties abutting on or adjacent to a street in respect of the cost of improvements effected in, on or about that street under the authority of the council, shall be due to the city at the time of assessment but the council, upon the written request of the owner, may permit payment by instalments and over a period that the council may determine.
(2) Where the actual cost of the improvements because of difficult or extraordinary conditions attaching to the work is in excess of the usual cost of improvements, the council may prescribe and make charges or assessments based on average cost rates, per running foot or per square foot, for different classes or types of works or improvements and the city engineer shall certify that in his or her opinion the rates so fixed do not exceed the actual cost rates of the works.
RSN1970 c40 s96
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Interest on arrears
85.1
The council may charge simple or compound interest on assessments imposed under this Act that are not paid on or before the date on which they become due, if, before making that charge, the council passes a resolution establishing whether the interest shall be simple or compound, the rate of interest to be charged and when that interest shall be applied.
1999 c38 s33 ; 2009 c40 s3
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Power to borrow
The money necessary to defray the cost of improvements may be borrowed by the council from a bank or by the issue of notes or debentures and shall not be considered as part of the funded debt of the city.
RSN1970 c40 s97
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Water and sewer extensions
Where it is necessary to extend water mains and sewers and to improve streets in a
section which has been added to the city by this Act or a succeeding Act, the cost of the water mains, sewers and street improvements shall be borne by the new section.
RSN1970 c40 s98
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Rep. by 1993 c34 s1
[Rep. by 1993 c34 s1]
1993 c34 s1
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New streets recorded
New streets authorized and opened shall be recorded upon the official plan of the city.
RSN1970 c40 s100
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Powers of council
(1)The council shall have power to acquire lands by purchase or gift, and to hold the lands for the uses of the city, to make, provide and lay out on the lands, streets, sidewalks, firebreaks, parks and playgrounds, to lay water and sewage pipes through the lands, and to sell, lease or build upon the lands.
(2) The council shall have power
(
a) apply to the building of houses of moderate size and suitable for dwellings for the working classes the proportion of the general funds of the city that may be considered expedient;
(
b) borrow money for the purpose of that building, to the amount that the Minister of Municipal and Provincial Affairs may authorize;
(
c) let or sell the houses so built;
(
d) in the manner provided in
Schedule B, to lend money to or guarantee the securities of building societies established to provide additional housing accommodation of the class contemplated by this section, and to reduce the rate of taxation upon houses built by and while the houses remain the property of the building societies; and
(
e) to make rules, regulations and by-laws providing for the granting to the owner or builder of a dwelling house erected afterward within the city limits not exceeding $1,500 in value of a bonus not exceeding 10% of the cost of the house, the total of those bonuses shall not exceed the sum of $5,000 in any 1 year, nor the sum of $25,000 in all.
RSN1970 c40 s101; 2002 c8 s2
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Further powers
The council is empowered,
(a)
(b)
(Canada) or the Housing Act
or otherwise and to provide all or part of the money required to finance the land assembly or housing project and for that purpose to raise or borrow money in the manner that the council may consider appropriate,
and for the purpose of the agreement or land assembly or land development or housing project to acquire lands or properties within or outside the city by purchase or expropriation and to convey, assign, transfer or lease all or a part of the lands or properties for the purpose of the land assembly or land development or housing project,
(
c) at the cost of the city and upon the terms and to the extent that the council considers appropriate, to perform work in connection with the preparation of the land for the housing project and to provide water and sewer mains and services for the housing project, and to construct streets, sidewalks, curbs and gutters fronting the land;
(
d) to waive, remit or reduce taxes or assessments on the lands or the lots into which they are divided or the dwellings erected on the land or the tenants of the land or to set a fixed annual payment of, instead of taxes and assessments in the amount and for the period that the council may in its discretion determine and to provide on any basis to the dwellings and to the tenants of the facilities, privileges and services of the city that are now or shall be provided afterward or made available by the city to other properties or property owners in the city; and
(
e) to issue without charge building, plumbing or electrical permits required to be obtained from the city council or a department of the city council in respect of the erection of dwellings on lands and to waive in respect of the construction of the houses a part of the building regulations of the city to the extent and for the period that the council may consider appropriate.
RSN1970 c40 s102
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Council as owner
The council is empowered to sell, exchange, lease or rent upon the terms that it may decide any land owned or acquired by the city, or an interest in that land, which in the opinion of the council is not required for public work or service of the city.
RSN1970 c40 s103
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Disposition of city land
The council may, by resolution, grant, sell, exchange, rent, assign or lease any lands and buildings owned by the city and acquired by it by gift, expropriation or otherwise, upon the terms and for the consideration that it may decide.
1978 c45 s4
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Rep. by 1993 c34 s2
[Rep. by 1993 c34 s2]
1993 c34 s2
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Planning by-law
The council shall have power
(
a) make rules and regulations prescribing the class of building which may be erected upon a street within the limits of the city;
(
b) make rules and regulations limiting the number of houses which may be built per acre in a portion of the city;
(
c) to prescribe the distance from the curb line at which buildings shall be erected, provided that a building shall not be erected at a lesser distance than 7.6 metres from the centre of a street;
(
d) regulate and adjust the levels of all streets of the city and the width and levels of all sidewalks;
(
e) to make rules and regulations to direct and control the opening of streets and erection of buildings within 1.6 kilometres of the city limits and to prohibit the opening or erection when made in contravention of the rules or regulations;
(
f) to make special rules, regulations and by-laws governing the erection of buildings on the Southside between Jobs Bridge and Fort Amherst, in that district lying between Temperance Street and Chain Rock, and in other districts to which the general building and sanitary regulations are especially difficult of application, or to which the water and sewage systems have not been extended; and
(
g) enter into an agreement with the government of the province for
(
i) the
assumption by the council of the control of that portion of the Crown lands at the eastern end of the Harbour, between Temperance Street
and the Battery
, and
(ii)
the
use as a street of the Old Railway Track.
RSN1970 c40 s106; 2012 c26 s1
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Purchase of land for stated purposes
(1)Where the council determines by resolution that land, either with or without buildings on it, or an interest in lands, situated in or near the city, is, or may be required by the city for a public work or service of the city or for the purpose of a land assembly, land development, housing or building project or a parking area or lot approved by the council or for the purpose of the erection by the council, or by the government or another public body or corporation under arrangement with the council, of dwelling houses under a housing scheme which the council considers necessary or desirable, the council may contract for the purchase of the land or interest in the land with the owner.
(2) Where a contract referred to in subsection (1) cannot be made, or where it is advisable to do so, the council may by resolution determine to expropriate the land or interest in the land, and the value of the land or interest shall be determined by arbitration as provided in this Act.
(3) The council or a corporation or person authorized by it shall have power to enter upon Crown lands, except Crown lands in the use and occupancy of the government, or the lands of private persons in or near the city for the purpose of laying water or sewer pipes or of necessary rights of way across, over or under the lands, or of constructing, altering, repairing, maintaining or inspecting waterworks, sewage systems, streets, buildings or works that have been or are or may be undertaken by the council or that are or may become the property of the city or subject to the control of the council.
(4) All natural streams and watercourses flowing through the city within the city limits shall be under the control and at the disposal of the council in the manner and for the purpose that the council may determine.
(5) The council shall have the power to alter or divert a natural watercourse within the limits of the city after having given 3 months' written notice to the owners, lessees, or occupiers of land bordering on the watercourse, of their intention of making the alteration for the improvement of the watercourse, or of the sewage of the town, and may remove impure or offensive soil, lay pipes, construct drains, grade surrounding land, change the direction of, or fill up the watercourse, as may be considered by the council necessary or expedient.
(6) The council shall have power to enter upon the lands, and to dig and excavate upon the lands, and to go under all buildings that may be erected on the lands and may require the owner or occupier of all buildings and erections upon the lands to make alterations in the walls, cellars, and other portions of the buildings and erections, that may be necessary for the purpose of this Act.
(7) Subsections (4) to (6) shall not be held to take away or to authorize the interference with private rights to or in respect of a stream or watercourse.
(8) Where the council has determined to expropriate land, or for the purpose of ascertaining the damage that has been or may be occasioned to a person whose interest may be affected by the taking of lands or tenements, or of a watercourse or by the diversion of a watercourse, or by the removal or alteration of houses, or by the taking of a right-of-way over, under or through land, or by digging or excavating upon land, or damage that may be occasioned to a person because of this Act, for which the city shall be liable, the claim arising shall be submitted to arbitration.
(9) In estimating the damage to property by the altering or widening of a street the arbitrators shall take into account an additional value or advantage which may accrue to the several proprietors and occupants from the convenience and security given by the widening or altering of the street, and where the arbitrators are of opinion that any proprietors of land so required for the streets may be indemnified at less expense by having an equal portion assigned to them from adjoining land, the arbitrators shall mark off and in similar manner appraise so much of the adjoining land that they may think sufficient to replace the land required for the street, and the land so marked off shall belong to the first-mentioned proprietor and be instead of all indemnity, and the appraised value of the land shall be paid, and shall be in satisfaction of the indemnity, and of all right and title to the land.
(10) Where the land to be so given is not considered an equivalent for the land appropriated to the street, the proprietor shall be paid the sum that may, with the land, be an equivalent for the land appropriated.
(11) Where, by the making, altering, or widening of a street, a portion of the street has been or may be exchanged for other land, the council may grant the portion of the street to the party to whom the land has been, or may be assigned, at a valuation to be ascertained by arbitration.
(12) Where, by the alteration of a street, under a law, a portion of land, not embraced within the new line of the street, is adjoining to, or extending along the frontage of another proprietor that portion of land shall be set off to, and shall be taken by the adjoining proprietor to the extent of his or her frontage, at a valuation to be ascertained by the arbitration.
(13) Where, by the alteration of a street, building sites have been eliminated or have been reduced in depth or in width, so that the value is depreciated, the council may expropriate any lands adjoining where they are available, and may award them to the owners of the building sites, and the value of the land so expropriated shall be ascertained by arbitration.
RSN1970 c40 s107
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Traffic commission
The council is empowered to appoint annually a commission to be known as the St. John's Traffic Commission consisting of 7 persons and to delegate to that commission the powers delegated to the council by the Minister of Works, Services and Transportation under
section 189 of the Highway Traffic Act.
RSN1970 c40 s109
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Development areas
(1)The council is empowered to declare and designate, as an urban development, redevelopment or renewal area, in this
section called a "development area", an area in the city which in the opinion of the council requires planning, designing, development, redevelopment, building, rebuilding or renewal in this
section called "development" in the interests of the city or a part of the city.
(2) In respect of an area designated by the council as a development area, the council shall have and may exercise the following powers:
(
a) acquire ownership of lands with or without buildings, in the area by purchase or by expropriation that the council may decide;
(
b) remove or demolish buildings or structures in the area that the council may consider necessary;
(
c) close to public or private use streets, lanes or public places in the area;
(d)
(
e) to incorporate in a lease or agreement covenants by the lessee for the planning and designing and lay out of the area or part of the area covered by the lease in the manner that shall be approved by the council and for the provision and construction and surfacing by the lessee of all streets considered necessary by the council and the transfer of title to the streets to the city upon completion;
(
f) sell or lease all or a part of an area to a corporation, group or person for the development of the area or a part of the area for a purpose which the council considers desirable and upon the terms that the council considers appropriate;
(
g) undertake as a project of the council the development of the area or a part of the area for a purpose which the council considers desirable;
(
h) to exempt a development undertaken under this
section or any lands or buildings comprised in a development area or a part of the area or a corporation, group or person undertaking a development under this
section from the application of all or any of the laws, by-laws, rules or regulations applicable to developments or subdivisions or buildings under this Act or enacted by the council under this Act; and
(
i) borrow money on the credit of the city in a manner considered desirable by the council for the purpose of carrying into effect all or any of the powers vested in the council under this section, provided that the total indebtedness of the council on account of borrowings under this
section shall not exceed $2,000,000 at a time.
(3) Where so provided in a lease of a development area or part of a development area granted by the council under this section, the lease shall not be or be considered to be a building lease under this Act, and upon the termination of the lease, all buildings and erections on the leased land shall vest in the city free from claims by the lessee and from a right to renewal or to acquire the freehold of the land or for compensation for improvements.
(4) The lessee under a lease of a development area or part of a development area or the assignee of the lessee shall, for the purpose of liability for a tax imposed on land or building or upon the owner in respect of land or buildings under this Act, be considered to be the owner of the land leased and all buildings on the land.
(5) (6) The bonds shall be repayable within 40 years from the date of issue referred to in subsection (5) and shall rank as obligations of the city, equally, without preference, with all existing bonds or debentures of the city, and the bonds may be issued and sold in the numbers and amounts and at the times that the council may decide.
(7) The bonds shall be signed by the mayor and the city manager on behalf of the city and the signature of the mayor on the bonds may be lithographed or otherwise mechanically reproduced and the interest coupons attached to the bonds shall be signed by the city manager whose signature may be lithographed or otherwise mechanically reproduced.
(8) The council shall have and may exercise all the powers that shall be necessary or proper for conducting business connected with
(
a) the
raising of the loan;
(
b) the
issue of securities for the loan;
(
c) the
management of the securities and the payment of interest on them; and
(
d) the
making of appropriate provision for the repayment of the loan.
RSN1970 c40 s110; 1978 c45 s5; 2012 c26 s2
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Business improvement areas
(1) In
this
section
(a)
" board
" means a board of management of a designated business improvement area established by the council under this section;
(b)
"business improvement area" means a commercial area of the city which, in the opinion of the council and in the interest of the city, requires improvement, beautification or maintenance and which has been designated as that under this section; and
(c)
"by-laws" means by-laws made by the council under this section.
(2) The council may, by by-law, declare and designate business improvement areas within the city.
(3) The council shall, before designating a business improvement area, give notice of the intended by-laws to all persons, groups, businesses, organizations and companies carrying on a business, trade or profession within the proposed business improvement area.
(4) The council shall not designate a business improvement area where, within 30 days of giving notice, 1/3 of those entitled to notice under subsection (3) give written notice to the city clerk of the objections to the designation of a business improvement area.
(5) Where the council designates a business improvement area under subsection (2), it shall appoint annually a board of management which shall be responsible for the management of that business improvement area.
(6) The objects of a board shall be to
(
a) promote
a business improvement area as a place for retail and commercial activity;
(
b) assist
in carrying out the improvement, enhancement, beautification and maintenance of municipal or public lands in the business improvement area; and
(
c) sponsor
or otherwise participate in special projects, activities or events, for the purpose of improving an area.
(7) A board shall
(
a) responsible to the council in carrying out the powers, functions and duties conferred by this section;
(
b) report
to the council on the activities of the board at those times and in the manner that the council may prescribe;
(
c) annually
prepare for approval and submission to the council at a time and in a form prescribed by the council a budget indicating its proposed annual expenditures of funds;
(
d) make available to the council at all times all books, documents, transactions, minutes and accounts of the board; and
(
e) all other things necessary or incidental to the carrying out of the objects of the board.
(8) A board may make grants to persons within a business improvement area or to an organization whose sole purpose is promoting that business improvement area as a place for retail or commercial activity for the carrying out of the objects and purposes of this section.
(9) The council may
(
a) order to provide revenue to a board for annual operating and other expenses, impose a business improvement area levy in accordance with sections 4.1 and 4.2 of the City of St. John's Municipal Taxation Act
(b)
[Rep. by 2016 c52 s1]
(
c) allot
and approve funds collected for a business improvement area, but those funds shall
(
i) consist
only of funds raised as provided in paragraph (
a) and subsection (10),
(ii)
remain
the property of the city,
(iii)
form
part of the general revenue of the city,
(iv)
paid out by the city comptroller on requisition by a board for its annual operating budget, and
(
v) spent only for the purpose of a business improvement area for which they were collected.
(10) Nothing in subsection (9) shall preclude a board from obtaining revenue through fund raising, grants or gifts, which funds shall also form part of the general revenue of the city.
(11) A levy imposed and collected under subsection (9) is subject to the City of St. John's Municipal Taxation Act
(12) The council may make by-laws
(
a) respecting
the structure, composition and filling of vacancies of a board;
(
b) designating
the qualifications necessary for appointment to a board or regarding election to a board;
(
c) regarding
the election of officers of a board;
(
d) respecting
voting by members of a board and the casting of tie breaking votes;
(
e) regarding
rules of procedure governing board meetings;
(
f) respecting
the annual and proper expenditure of funds by a board;
(
g) restricting
expenditures of funds by boards to items and activities approved by the council;
(
h) outlining
programs and activities which may be undertaken by boards;
(
i) regarding
the imposition of an annual levy;
(
j) respecting
notices to persons, businesses or other groups or organizations under this section;
(
k) respecting
responses to notice requirements by persons, businesses or other groups or organizations;
(
l) respecting
the increase or decrease in size of an existing business improvement area; and
(
m) respecting
all other matters for the more effective carrying out of this section.
(13) Nothing in this
section shall preclude the city from the promotion, improvement, beautification or maintenance activities within a business improvement area that are normally provided to the city at large.
(14) The council may by by-law dissolve a business improvement area and a board of a business improvement area
(
a) upon
receipt of a petition by persons qualified to reject the establishment of a business improvement area referred to in subsection (4); and
(
b) where
a board has not functioned for more than 1 year.
1988 c47 s2; 2006 cC-17.1 s48 ; 2012 c26 s3 ; 2016 c52 s1
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Economic development
99.1
(1)The council may encourage economic development as it considers appropriate, and for that purpose may enter into an agreement with another city, municipality, local service district, agency, person or the government of the province.
(2) In this section, "economic development" means the continuation, expansion or establishment of a business or industry.
1999 c38 s34
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Unhealthy areas
(1)Where it appears to the council that within a certain area
(
a) houses
, courts or alleys are unfit for human habitation; or
(
b) the narrowness, closeness, and bad arrangement, or bad condition of the streets and houses or groups of houses, or the lack of light, air, ventilation or proper conveniences, or other sanitary defects,
are dangerous or injurious to the health of the inhabitants either of the buildings in the area, or of the neighbouring buildings; the council may upon, the passing of a resolution to the effect that the area is an unhealthy area, expropriate the lands and buildings comprised in the area and prepare a scheme for the improvement of the area.
(2) After 1 month's notice to the owners of the lands and buildings in the unhealthy area, the value of the lands and buildings shall be ascertained by arbitration, as provided in
section 96.
(3) Where the compensation in respect of lands or interest in lands has to be assessed, the estimate of the value of the lands or interests shall be based upon the fair market value, an estimate at the time of the valuation being made of the lands, and of the interests in the lands, regard being had to the nature and the condition of the property and the probable duration of the buildings in their existing state, and to the state of the repair of the buildings, without an additional allowance in respect of the compulsory purchase of the area.
(4) Where the compensation payable in respect of a house or premises has to be assessed and
(
a) the house or premises are in a condition that is a nuisance, within the meaning of this Act, or are in a state of defective sanitation, or are not in reasonably good repair; or
(
b) the
house or premises are unfit, and not reasonably capable of being made fit for human habitation,
then the compensation to be paid shall be, in the case referred to in paragraph (a), the amount estimated to be the value of the house or premises as if the nuisance had been abated, or as if they had been put into a sanitary condition or into reasonably good repair, after deducting the estimated expenses of abating the nuisance or putting them into the condition or repair, and shall, in the case referred to in paragraph (
b) be the value of the land and of the materials of the buildings on the land, less the cost of the demolition and removal of the buildings.
RSN1970 c40 s111
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Expropriation
Where under this Act or another Act the council is empowered to expropriate land with or without buildings or an interest, right, or easement in or over land or buildings, sections 6 to 53 inclusive of the Expropriation Act,
shall apply to the expropriation by the council and the compensation payable in respect of the expropriation, the word "council" being substituted for the word "minister" where the latter word appears in the Expropriation Act
and all other necessary changes in wording being made that are necessary to adapt the sections to the purpose of this section.
RSN1970 c40 s112
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Water supply
It shall be the duty of the council to convey a sufficient supply of wholesome water to the city from Windsor Lake and other lakes that may be necessary, and to distribute the water through the streets of the city and to erect in places that the council may determine fountains for the supply of water, and to establish hydrants throughout the city that the council thinks necessary.
RSN1970 c40 s116
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Fluoridation of water supply
(1) The
council may fluoridate the water to be supplied to the city.
(2) Before the council may fluoridate the water supply of the city under subsection (1) it shall hold a plebiscite in the city for the purpose of determining the views of the persons entitled to vote under
section 14 of the St. John's Municipal Elections Act
on whether the water supply should be fluoridated or not and shall set the date for the holding of the plebiscite.
(3) Where the result of a plebiscite is against the fluoridation of the water supply of the city, the city shall not fluoridate the water supply unless a later plebiscite is in favour of fluoridation, but a plebiscite shall not be held within 3 years of a previous plebiscite.
(4) Where the result of a plebiscite is in favour of the fluoridation of the water supply of the city, the council is not bound to fluoridate the water supply.
(5) A plebiscite held under this
section shall be conducted as nearly as possible as is an election of the mayor and councillors of the city under this Act.
(6) In a plebiscite held under this
section only those persons may vote who would be qualified to vote in an election of the mayor and councillors of the city under the provisions of
section 13 of the St. John's
Municipal Elections Act.
RSN1970 c40 s117; 1979 c51 s8
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Control of water bodies
(1)The council shall have possession and control of Windsor Lake, Round Pond, Newfound Pond, George's Pond, Petty Harbour Long Pond, Handy Pond and all lakes and ponds within the catchment area of the Broad Cove River above an elevation of 91.44 metres over mean sea level at the Harbour of St. John's and of the Crown lands within the watershed of those lakes and ponds.
(2) The council is empowered to construct a dam on the Broad
Cove
River
and to impound and store the waters of that river and of the lakes and ponds within the catchment area of that river for the purpose of supplying water to the city or to an area outside the city.
(3) Notwithstanding subsection (1), this
section shall not apply to Crown lands within the watershed of George's Pond other than the Crown lands with buildings on the land used by the council in connection with the supply of water to the city from George's Pond and any rights of way to those lands and buildings.
(4) A person shall not erect a building on land within the catchment area of the Broad Cove River above an elevation of 131.92 metres above mean sea level at the Harbour of St. John's but the council may permit the erection on the land of
(
a) a building which is an accessory building to an existing private family dwelling, and for the purpose of this paragraph "accessory building" means a detached building appurtenant to that dwelling and located on the same lot and providing better and more convenient enjoyment of that dwelling;
(
b) an extension to an existing private family dwelling where an extension is necessary to provide adequate living quarters for members of the household living in the dwelling, provided that the extensions shall not exceed in cubic content 1/2 the cubic content of the existing private family dwelling;
(
c) building to replace an existing building destroyed by fire or an existing building dilapidated 50% or more; and
(
d) building, or extension to an existing building, subject to the written recommendation of the city manager that a permit be issued for the building or extension.
RSN1970 c40 s118; 1975 No66 s5; 1978 c45 s6
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Expropriation against pollution
The council shall have power, where necessary, for preventing the pollution of the waters of the lakes and ponds, to expropriate private property to the extent from the margin of the lakes and ponds that may be considered necessary; the compensation to be paid to the proprietors of the land shall be determined by arbitration.
RSN1970 c40 s119
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Water resources
105.1
Where the council is empowered to make rules, regulations or by-laws respecting watershed protection and water management under this Act, the minimum levels or standards set out in the Water Resources Act
and the regulations made under that Act shall apply.
2002 cW-4.01 s98
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Prohibition in supply area
(1) A
person shall not
(
a) place or permit to escape upon land forming part of the watershed of Windsor Lake, Round Pond, Newfound Pond, George's Pond, or another lake or pond from which the water supply of the city is derived, or in or into any of those lakes or ponds, a matter or thing of an offensive or deleterious nature, or calculated to impair the quality of the water for use for domestic purposes;
(
b) drive or permit to wander a horse or cattle across the ice on lakes or ponds, and a person except an authorized officer of the council shall not row or sail a boat upon the waters of those lakes or ponds; or
(
c) cut or remove trees, or shrubs, or other wood upon or from the lands of the council bordering those lakes or ponds, unless that person is an authorized officer of the council or the holder of a written permit from the council for the cutting or removal and a holder of the permit shall not do so otherwise than in accordance with the directions of an officer of the council named in the permit.
(2) A person shall not erect a building on land within the watershed of the following lakes or ponds from which the water supply of the city is obtained, Windsor
Lake
, Round Pond, Newfound Pond or George's Pond but the council may permit the erection on that land of
(
a) a building which is an accessory building to an existing private family dwelling and for the purpose of this paragraph "accessary building" means a detached building appurtenant to a dwelling and located on the same lot and providing better and more convenient enjoyment of the dwellings;
(
b) an extension to an existing private family dwelling where an extension is necessary to provide adequate living quarters for members of the household living in that dwelling but the extension or the total of all extensions shall not exceed in cubic content 1/2 the cubic content of the existing private family dwelling and the sanitary facilities for use in connection with the extension shall be approved by the city engineer;
(
c) building to replace an existing building destroyed by fire or an existing building dilapidated 50% or more; and
(
d) a building, or extension to an existing building, subject to the written recommendation of the city manager that a permit be issued for that building or extension.
(3) A person who contravenes this
section shall for the 1st offence be subject to a fine of not less than $25 and not more than $200, and, in default of payment, to imprisonment for a period of not less than 30 days nor more than 6 months, and for a 2nd or subsequent offence to imprisonment for a period of not less than 30 days nor more than 6 months.
RSN1970 c40 s120; 1975 No66 s6; 1978 c45 s7
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Application of regulations
All building, electrical and plumbing regulations of the city shall apply to extensions and accessory buildings that may be permitted by the council under
section 104 or 106.
1973 No16 s4
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Exemption of regulation
Subsection 104(4), subsection 106(2) and
section 107 shall not apply to buildings or mains or utility plant erected or constructed by the council.
1973 No16 s4
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Power to excavate
(1)For the purpose of laying pipes and mains through the streets, or a branch or service pipes, or a future extension of the water supply, or for the purpose of effecting an examination, alteration, repair, or otherwise carrying out or maintaining the water supply and works, the council may dig, break and trench the streets and squares, public places and lands, in and near the city that may be necessary, observing all proper precautions for the safety and convenience of the public.
(2) The council may enter upon, excavate, trench, possess and hold as the property of the council, the lands of private parties in or near the city after 3 days' notice in writing to the owner signed by the mayor or city clerk of the council.
RSN1970 c40 s121
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Power to tunnel
(1)The council or the Newfoundland and Labrador Housing Corporation with the assent of the council shall have power to construct, repair and maintain a tunnel under, across or through the lands extending from Temperance Street to Quidi Vidi Lake in the city, not necessarily following a straight line but following the direction that may be considered expedient, and may lay, repair and maintain water and sewer pipes and mains, and for that purpose shall have power to enter upon, dig, break, excavate and trench the lands and shall upon entry acquire an easement for the tunnels, water and sewer pipes and mains under, across or through the lands.
(2) Where the tunnel, water and sewer pipes and mains can be constructed and laid without entering upon the surface of lands, it shall not be necessary for the council or the corporation to give a notice of its intention to enter upon the lands and compensation shall not be payable to the owners except for the actual damage caused to the surface of the land or to buildings on the land.
RSN1970 c40 s122
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Repairing pipes
It shall be lawful for the council, at its cost, with or without the consent of the owner or occupier of a building to introduce branch or service pipes into a building, and also without consent to effect repairs or renewals of existing branch or service pipes, and to collect from the owner the cost of the repairs or renewals.
RSN1970 c40 s123
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Water receptacle
Every cistern or other receptacle of water, and every closet, soil-pan, and bath, which is supplied with water by the council, shall be constructed and used so as effectually to prevent the waste, misuse, or undue consumption of water, and the flow or return of foul air, or other noisome or impure matter, into the mains or pipes of the council, or into any pipes connected or communicating with them, and the council shall not be bound to supply water into a cistern, or other receptacle for water, closet, soil-pan, or bath which is not so constructed.
RSN1970 c40 s124
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Offence to use water
A person who obtains or uses the water of the council without consent of its proper officers, or wrongfully wastes water is liable upon
summary conviction to a sum not exceeding $20.
RSN1970 c40 s125
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Misuse of water
Where a person, supplied with water by the council, wrongfully does, or permits to be done, anything in contravention of this Act or the regulations, or fails to do anything which under this Act or the regulations ought to be done for the prevention of waste, undue consumption, or contamination of the water, the council may, without prejudice to another remedy against that person, cut off any of the pipes through which water is supplied to him or her or for his or her use, and may stop supplying that person with water so long as the cause of injury remains or is not remedied.
RSN1970 c40 s126
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Regulations
114.1
The council may make regulations restricting or prohibiting the use of water in the city for conservation purposes.
2005 c26 s3
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Placing of pipes
New water pipes or fixtures, and extensions, alterations or additions to old pipes or fixtures, shall be placed and kept as far as possible from external walls, and so placed as not to be exposed to or liable to be affected by the action of frost, or other injury, and so placed that waste of water is not liable to occur without being detected.
RSN1970 c40 s127
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Service pipes
(1)The owner of a building situated on a portion of the street through which a main water pipe is laid shall be entitled to a supply of water for domestic purposes, and no more, and, on application to the city engineer, to have a service pipe 1.905 centimetres in diameter connecting the building to the water main, the cost of the pipe shall be at the expense of the owner and the owner shall pay for the pipe and installation and all connections and the costs that the council may determine.
(2) Subsection (1) applies where the building is connected with a sewer and has a proper and sufficient water-closet.
(3) The cost of repairs to or renewal of the service pipe shall be borne by the owner of the building.
1975 No66 s7
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Extra pipes
The owner of a building referred to in
section 116 may obtain more than 1 service pipe or a service pipe more than 1.905 centimetres in diameter, for an extra supply of water for domestic purposes, upon payment of the cost of installation, and at an annual rental to be determined by the council.
RSN1970 c40 s129; 1973 No16 s6
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Laying pipes
The city shall not be required to lay a service at a season of the year which in the opinion of the city engineer is not suitable for the performance of the work.
RSN1970 c40 s130
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Water hydrants
(1) The
council shall have power to extend the water main to and to erect hydrants on a waterside premises where it is considered necessary for fire protection.
(2) The cost of the water main and hydrants beyond the street line shall be borne by the owner of the premises.
RSN1970 c40 s131
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Inspection of pipes
It shall be the duty of the city engineer, between the months of May and October of each year, for the detection and prevention of waste to examine all water mains and service pipes of the city during the hours from 12:00 a.m.
to 5:00 a.m.
(
a) isolating districts of the distribution system and measuring the flow into the isolated districts;
(
b) inspecting each service cock and testing each one for waste by sound, or by turning the water off and on by the service cock; and
(
c) other methods that the council considers advisable.
RSN1970 c40 s132
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Detection of waste
It shall be the duty of the city engineer to inspect the plumbing fixtures of houses where waste of water was detected during the examination referred to in
section 120, and to order the repair of service pipes, or the plumbing fixtures where they are found to be faulty.
RSN1970 c40 s133
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Water meters
(1)The council shall have power to supply 1 or more water meters, at a monthly rental to be fixed and imposed by the council, and to attach the meters to a main or service pipe through which water is supplied to any premises or part of premises where a business is conducted and to make against the owner or occupier of the premises or part of premises a specific monthly charge, in accordance with a scale of charges fixed and imposed by the council and based on quantities of water used, for all water used in the premises or part of the premises as measured by the meters.
(2) The water tax imposed under
section 241 shall not apply to the owner or occupier of any premises or part of premises who is charged under this
section for water used in the premises or part the premises.
RSN1970 c40 s134
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Non-working meter
(1) Where
a meter, in the opinion of the city engineer is out of order or where it is temporarily removed for repair or on account of frost or for other similar cause, the council shall determine the probable amount of water consumed and fix an adequate charge for it.
(2) Where a person interferes with a meter or uses a means or device to prevent proper registration by a meter that person shall be liable upon
summary conviction to a fine not exceeding $50 or to imprisonment not exceeding 2 months.
RSN1970 c40 s135
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Water rates
Water rates in respect of water supplied through a meter shall be payable monthly and accounts shall be rendered accordingly.
RSN1970 c40 s136
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Recovery of rates
After the expiration of 1 month, where the rates remain unpaid, the city manager shall turn off the supply of water from the premises in respect to which the water rates are payable until the rates are paid, and the council shall have the same remedies for recovering the rates as are provided for recovering the general city taxes.
RSN1970 c40 s137; 1978 c45 s8
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Used hydrants
A person who, unless that person is authorized to do so by the council, draws water from, opens, closes, breaks, or interferes with a fire hydrant, water main or water pipe or meter shall be liable to a fine not exceeding $100 or to imprisonment not exceeding 30 days.
RSN1970 c40 s138
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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.
2006 c7 s3
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Street plan
The plan to the Act 56 Vic., (Special Session) Cap. 1, as amended by the Act 56 Vic., (Session 2) Cap. 14, and the Act 1 Ed. VII
, Cap. 17, shall be preserved as a record of the lines and boundaries, the streets, firebreaks, coves and roads, and shall on all questions concerning the lines and boundaries, be conclusive evidence of the lines and boundaries, and form part of this Act as if incorporated here.
RSN1970 c40 s140
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Marking of streets
For the purpose of marking out and making plainly known the boundary lines of the streets, firebreaks, cross-streets, coves and roads, the council shall put down marks of stone or iron in the places that it considers necessary and the lines of the streets, cross-streets, firebreaks, coves and roads so marked and described shall be the lines and boundaries of them.
RSN1970 c40 s141
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Removal of landmarks
A person shall not remove landmarks referred to in
section 129 without written authority for doing so being obtained from the council; and a person who unlawfully removes, displaces, alters, breaks, defaces or damages, any of the landmarks, shall be liable to a fine not exceeding $25 and costs, and in default of payment to imprisonment for a period not exceeding 30 days.
RSN1970 c40 s142
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South side street
(1)The council shall prescribe and lay out a line of street on the south side of the harbour of St. John's to a point that may be determined, and shall define the extent, width and boundaries of the line, and shall make a correct plan of the line of street, which plan shall be deposited and preserved in the council's office, and shall, concerning all questions of the extent, width and boundaries of the street, be conclusive evidence of the boundaries.
(2) On the south side of the street referred to in subsection (1), to be called Harvey Street
, Southside, there shall be not less than 5 firebreaks of at least 15.24 metres in width respectively.
RSN1970 c40 s143
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Promenade
The property known as "The Promenade" situated on the south side of and adjoining Water Street West in the city and lying between the property of the Canadian National Railway Company and Water Street West and extending from the roadway across the Long Bridge to the westerly limits of the property formerly owned by the St. John's Gas Light company is declared to be vested in the council with power by resolution
(
a) dedicate a part of the lands as a public street or place; and
(
b) sell, lease, use or deal with the land or a part of the land as it considers appropriate.
RSN1970 c40 s144
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New streets
When the council has decided to open a new street and has published in the Gazette
and 2 city daily newspapers a proclamation to that effect the street shall then vest in the city in perpetuity.
RSN1970 c40 s145
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Digging up streets
A person shall not dig or tear up a pavement, or dig a hole, ditch, drain or sewer in a street, without having obtained a permit from the city engineer.
RSN1970 c40 s146
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Duty of person digging
It shall be the duty of a person digging or tearing up a pavement or digging a hole, ditch, drain or sewer in a street as speedily as possible to repair and put the pavement or street in as good order as before, and the person shall keep the surface of the street where the work is done in good condition to the satisfaction of the city engineer for the period that the council may require but the period shall be at least 12 months from the date of the issue of a permit under
section 134.
RSN1970 c40 s147; 1980 c28 s3
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Lighting
A person obtaining a permit to make an examination or opening in or near a street, shall at night sufficiently and continuously light the excavation or opening and shall in addition at all times enclose or secure the excavation or opening by a fence or barrier.
RSN1970 c40 s148
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Approval of poles, sewers, etc.
A person or company shall not erect, keep, or repair a telegraph, telephone, or electrical light or power pole, or shall not lay, keep, or repair a sewer or gas pipe, on or in the streets of the city, unless the location, material, dimensions and form of the telegraph, telephone, electrical light, power pole, sewer or gas pipe, and the mode of conducting the repair of the telegraph, telephone, electrical light, power pole, sewer or gas pipe, is approved by the city engineer.
1970 c40 s149
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Penalty
A person who contravenes or fails to comply with sections 134 to 137 shall be liable to a fine of not less than $10 for every day during which the contravention or failure to comply continues.
RSN1970 c40 s150
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Permits re cables, pipes
(1)The council may where it considers it desirable and appropriate, grant a permit to a person or company to lay cables and conduit pipes underground through the streets within the city limits, and for that purpose to dig up streets and erect telegraph and telephone poles and wires along and on the streets, and shall have power to impose those conditions and restrictions upon the laying, digging and erecting that may be necessary.
(2) The council may impose, fix, raise and collect from persons to whom a permit referred to in subsection (1) is granted, an annual or special charge or tax for the permit and the charge or tax shall be imposed, fixed, raised and collected in the same manner as other special and annual taxes or charges under this Act.
RSN1970 c40 s151
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Street names and numbering
(1) It
shall be the duty of council to name new streets and to change the name of streets where the change is considered advisable.
(1.1) The
council may require the owners of all houses and b