Second Session, 44th General Assembly

49 Elizabeth II, 2000

BILL 17

AN ACT TO AMEND THE

MUNICIPALITIES

ACT, 1999

Received and

Read the First Time

Second Reading

Committee

Third Reading

Royal Assent

HONOURABLE JOAN MARIE AYLWARD

Minister of Municipal and Provincial Affairs

Ordered to be printed by the

Honourable House of Assembly

EXPLANATORY NOTES

Clause 1 of the Bill would amend subsection 39(2)

of the Municipalities Act, 1999 to clarify the manner in

which a regional council may carry out certain actions.

Clause 2 of the Bill would amend a grammatical

error that occurs in subsection 45(2) of the Act.

Clause 3 of the Bill would amend subsection 53(1)

of the Act to add a word that was inadvertently omitted from that

subsection.

Clause 4 of the Bill would repeal and replace

paragraph 68(2)(

a) of the Act to correct a typographical error.

Clause 5 of the Bill would amend

section 74 of the

Act by replacing the word "help" with the word "support".

Clause 6 of the Bill would amend subsection 127(1)

of the Act to indicate that certain persons are not liable to pay a

poll tax. Presently the subsection indicates that these people are

exempt from that tax.

Clause 7 of the Bill would amend subsections

128(1) and (3) of the Act to replace the word "deliver" with the

word "give". This would reflect the wording in

section 406 of the

Act that applies to these subsections.

Clause 8 of the Bill would correct a typographical

error in subsection 129(4) of the Act.

Clause 9 of the Bill would amend subsection 137(2)

of the Act by replacing the word "sufficient" with the word "made".

Clause 10 of the Bill would correct a grammatical

error in paragraph 206(1)(

f) of the Act.

Clause 11 of the Bill would correct a grammatical

error in subsection 225(1) of the Act.

Clause 12 of the Bill would amend

section 286 of

the Act by adding a new subsection (4) that would permit councillors

who, as a consequence of non-payment of taxes, had their seats

vacated on the commencement of the Act, to run for office in the

next municipal elections held in the province. Under the present

section 286 these councillors would be precluded from running for

election for 2 years.

A BILL

AN ACT TO AMEND THE MUNICIPALITIES

ACT, 1999

Analysis

1. S.39 Amdt.

Ancillary powers

2. S.45 Amdt.

Election of chairperson

3. S.53 Amdt.

Manager

4. S.68 Amdt.

Dismissal

5. S.74 Amdt.

Training

6. S.127 Amdt.

Exemption from poll tax

7. S.128 Amdt.

Employer's duty

8. S.129 Amdt.

Direct sellers tax

9. S.137 Amdt.

Notice of arrears

10. S.206 Amdt.

Vacancies

11. S.225 Amdt.

Compensation

12. S.286 Amdt.

Qualifications

Be it enacted by the

Lieutenant-Governor and House of Assembly in Legislative

Session convened, as follows:

SN1999 cM-24

as amended

1. Subsection 39(2) of the Municipalities Act, 1999

is amended by adding immediately after the word "may" a comma and

the words and comma "by order,".

2. Subsection 45(2) of the Act is amended by deleting

the word "done" and substituting the words "carried out".

3. Subsection 53(1) of the Act is amended by adding

immediately before the word "manager", the first time it appears,

the word "town".

4. Paragraph 68(2)(

a) of the Act is repealed and the

following substituted:

(

a) a written notice of the meeting

signed by the councillors intending to make and second the

motion is deposited with the clerk, mayor or chairperson;

and

Section 74 of the Act is amended by

deleting the word "help" and substituting the word "support".

6. Subsection 127(1) of the Act is amended by deleting

the words "are exempt from" and substituting the words "are not

liable for".

7. Subsections 128(1) and (3) of the Act are amended

by deleting the word "deliver" wherever it appears and substituting

the word "give".

8. Subsection 129(4) of the Act is amended by deleting

the words and numbers "sections 121 and 123" and substituting the

words and numbers "section 121 or 123".

9. Subsection 137(2) of the Act is amended by deleting

the word "sufficient" and substituting the word "made".

10. Subparagraph 206(1)(f)(

i) of the Act is amended by

deleting the word "and" and substituting the word "or".

11. Subsection 225(1) of the Act is amended by

deleting the phrase "make compensation to" and substituting the

phrase "compensate".

Section 286 of the Act is amended by adding

immediately after subsection (3) the following:

(4) Notwithstanding subsection (3), where, after

the coming into force of this Act, a councillor's seat was vacated

under paragraph 206(1)(e), that councillor may be nominated as a

councillor and is eligible for election in the first general

election of councillors held after the coming into force of this

Act.

Earl G. Tucker, Queen's Printer