BILL NO. 42

1st Session, 58th General Assembly
Nova Scotia
49 Elizabeth II, 2000



Government Bill



Municipal Law Amendment (2000) Act



The Honourable Angus MacIsaac
Minister of Housing and Municipal Affairs



First Reading: April 10, 2000

(Explanatory Notes)

Second Reading: April 17, 2000

Third Reading: June 8, 2000 (WITH COMMITTEE AMENDMENTS)

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Explanatory Notes

Clause 1 sets out the short title of the Act.

Clause 2 adds to the Assessment Act definitions of "aquaculture property" and "resident", amends the definitions of "residential property" and "resource property" and provides that a person who files an income tax return as a resident of the Province is deemed to be a resident for the purpose of Sections 46 and 47 of that Act which provide an exemption for farm property and forest property.

Clause 3 removes the total exemption from taxation for a railway.

Clause 4 provides for a partial exemption from taxation for a main railway operating right of way.

Clause 5 permits an assessor or other person appointed pursuant to the Assessment Act to take a leave of absence to run for or serve on a municipal council.

Clause 6 provides for the assessment of a pipeline.

Clause 7 provides that only farm property owned by a resident of the Province is exempt from taxation.

Clause 8 provides that only forest property owned by a resident of the Province is exempt from taxation.

Clause 9 enables the Director of Assessment to correct errors in assessment accounts during the course of the year.

Clause 10 provides that a regional assessment appeal court may sit at a place determined by the Minister of Housing and Municipal Affairs or a place agreed to by all parties to the appeal.

Clause 11 provides that the Director of Assessment may direct that an appeal of a residential property consisting of four or more units or of a commercial property proceed directly to the Nova Scotia Utility and Review Board.

Clauses 12 and 13 require the Director to send out a notice of confirmation where the Director is not changing anything with respect to the appeal.

Clause 14 enables the Minister to establish, by regulation, an alternative dispute-resolution process for the hearing and determination of appeals pursuant to the Assessment Act.

Clause 15 provides that an appeal shall be dismissed if the appellant fails to appear in person or in writing.

Clause 16 provides that where an appellant fails to appear before the assessment appeal court either in person or in writing, no appeal of the decision of the court may be made to the Nova Scotia Utility and Review Board.

Clause 17 provides that the appellant shall file a notice of appeal with the Nova Scotia Utility and Review Board and the Board, rather than the appellant as at present, shall serve the notice on the relevant parties. This procedure is similar to the procedure in the Municipal Government Act.

Clause 18 deals with the confidentiality of information held by the Director of Assessment.

Clauses 19 and 20 permit the Minister to prescribe the base cost and depreciation rate for the purpose of Section 32A of the Assessment Act.

Clauses 21 and 22 permit a municipal employee, other than the chief administrative officer of a municipality, to be a candidate in a municipal election and to serve as a municipal councillor if the employee takes a leave of absence.

Clause 23 repeals a provision in the Municipal Elections Act that is now unnecessary in view of the enactment, in 1999, of a provision that disqualifies from being nominated or serving as a municipal councillor any person who has, within five years preceding nomination day, been convicted of any corrupt practice or bribery.

Clause 24

(a) removes provisions in the Municipal Elections Act that require special advertising and the sending of notification cards where the list of electors is based on a permanent register of electors; and

(b) removes a provision in that Act that restricts the use of information contained in the National Register of Electors for election purposes only, since this matter is dealt with in Clause 25.

Clause 25 enables the Chief Electoral Officer for the Province to

(a) enter into an agreement with the Chief Electoral Officer for Canada for the supply of information from the National Register of Electors; and

(b) provide information to returning officers to be used to prepare preliminary lists of electors for municipal elections.

Clause 26 removes a requirement in the Municipal Elections Act that a preliminary list of electors be posted, on or before July 31st, in at least one conspicuous place in the polling district in which the polling division for which the list was prepared is located and replaces it with a requirement that the list be posted on or before July 31st in a municipal, provincial or federal government office or post office or similar office or building that is open to the public during office hours and that is in or as near as possible to the polling district in which the polling division for which the list was prepared is located.

Clause 27 permits municipalities to give lists of electors to the Chief Electoral Officer for the Province or the Chief Electoral Officer of Canada for the purpose of preparing a provincial list of electors, a federal list of electors or a permanent register of electors.

Clause 28 removes a requirement in the Municipal Elections Act that a nomination of a candidate for election to a school board must be accompanied by a certificate that there are no municipal rates or taxes owing by the candidate since the same requirement has been removed from the Education Act by the Municipal Government Act.

Clause 29 provides that, where a person's name has been left off the list of electors and on ordinary polling day the deputy returning officer grants that persons application to vote, that person's name may not be added to the final list of electors without that person's consent.

Clause 30 reduces from 25 to 10 the maximum number of votes that must be cast at an advance polling station in a municipal election in order for the ballots to be counted either at the place where the advance poll was held or at the office of the returning officer rather than at the ordinary polling station.

Clause 31 provides that, where a person's name has been left off the list of electors and the deputy returning officer at the advance poll grants that person's application to vote, that person's name may not be added to the list without that person's consent.

Clause 32 reduces from 25 to 10 the maximum number of votes that must be cast at an advance polling station in a school board election in order for the ballots to be counted by a counting officer appointed especially for that purpose rather than at the ordinary polling station.

Clause 33 amends the definitions of "administrator", "policy", "service commission" and "sewer" in the Municipal Government Act.

Clause 34 removes a reference in the Municipal Government Act to a "ward" in a town and replaces it with a reference to a "polling district".

Clause 35 provides that meetings of committees appointed by a municipal council are open to the public and clarifies that those matters that can be dealt with at a private meeting of council apply to committee meetings that are not public.

Clause 36 enables the chief administrative officer of a municipality to designate a person who is not an employee of the municipality to be the administrator of dangerous and unsightly premises.

Clause 37 adds a comma to clause 60(2)(c) of the Municipal Government Act so that the clause reads properly.

Clause 38 sets out the grant per acre for farm property to be paid for the fiscal year ending March 31, 2001, and for each subsequent year. This amendment follows the wording used in the Financial Measures (1998) Act.

Clause 39 permits a municipality to impose an additional tax on residential and resource property owned by a non-resident.

Clause 40 makes an amendment to Section 88 of the Municipal Government Act to clarify that Ministerial approval of borrowings applies to borrowings by a committee created by an intermunicipal services agreement.

Clause 41 requires a deed transfer tax affidavit to indicate whether the grantee is a non-resident and permits information contained in the affidavit to be disclosed in certain circumstances.

Clause 42 corrects a cross-reference in the Municipal Government Act.

Clause 43 enables a judge to make an order respecting a dog that is barking or running at large.

Clause 44 provides that a land-use by-law may regulate the location of a structure on a lot.

Clauses 45 and 46 make it clear that a refusal by a municipal council to approve a concept plan may be appealed to the Nova Scotia Utility and Review Board.

Clause 47 repeals a redundant Section in the Municipal Government Act respecting the mailing of municipal notices.

Clauses 48 and 49 clarify that deeds are not required for a subdivision plan that consolidates lots owned by the same person.

Clause 50 corrects a typographical error in the Municipal Government Act.

Clause 51 clarifies that Section 318 of the Municipal Government Act prohibiting obstructions on streets is subject to other provisions of the Act that deal with the use of streets.

Clause 52 makes the provision of the Municipal Government Act dealing with the service of notice on the owner of a dangerous or unsightly property the same as other provisions of the Act dealing with the service of notices.

Clauses 53 and 54 remove references in the Municipal Government Act to "residents" and replace them with references to "electors".

Clause 55 provides that a committee created by an intermunicipal services agreement falls under the provisions of the Municipal Government Act dealing with Ministerial approval.

Clause 56 clarifies that approval of the Minister of Housing and Municipal Affairs is only required for actions taken by a municipality.

Clause 57 corrects a typographical error in the Municipal Government Act.

Clause 58 makes a wording change in clause 491(b) of the Act so that the wording is consistent with language used elsewhere in the Act.

Clause 59 provides that a person who is guilty of removing or defacing a notice or order posted pursuant to the Municipal Government Act is liable to a penalty of not less than one hundred dollars nor more than five thousand dollars. At present, a person guilty of such an offence is liable to a penalty of not less than five thousand dollars.

Clause 60 sets out the methods that may be used by a municipality when serving notices under the Municipal Government Act.

Clause 61 corrects an error in the citation of a spent Act that was to be repealed when the Municipal Government Act was passed.

Subclause 62(1) provides that Clause 4 has effect on and after October 1, 1993.

Subclause 62(2) provides that Clauses 6, 10, 11 and 14 have effect on and after January 1, 2000.

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An Act to Amend Chapter 23
of the Revised Statutes, 1989,
the Assessment Act,
Chapter 300 of the Revised Statutes, 1989,
the Municipal Elections Act,
and Chapter 18 of the Acts of 1998,
the Municipal Government Act

Be it enacted by the Governor and Assembly as follows:

1 This Act may be cited as the Municipal Law Amendment (2000) Act.

PART I

ASSESSMENT ACT

2 Section 2 of Chapter 23 of the Revised Statutes, 1989, the Assessment Act, as amended by Chapter 19 of the Acts of 1990 and Chapter 18 of the Acts of 1998, is further amended by

(a) adding "(1)" immediately after the Section number;

(b) relettering clause (a) as (aa) and adding immediately before clause (aa) the following clause:

(c) adding immediately after clause (q) the following clause:

(d) adding "or an apartment hotel" immediately after "public" in the last line of clause (r);

(e) adding immediately after subclause (s)(i) the following subclause:

and

(f) adding the following subsection:

3 Clause 5(1)(m) of Chapter 23 is repealed.

4 Chapter 23 is further amended by adding immediately after Section 5 the following Section:

5 Chapter 23 is further amended by adding immediately after Section 17 the following Sections:

6 Chapter 23 is further amended by adding immediately after Section 32 the following Section:

7 Subsection 46(1) of Chapter 23 is amended by adding "owned by residents of the Province," immediately preceding "excluding" in the first line.

8 Subsection 47(1) of Chapter 23, as amended by Chapter 18 of the Acts of 1998, is further amended by adding "owned by residents of the Province" immediately after "property" in the first line.

9 Subsections 57(1) and (2) of Chapter 23 are repealed and the following subsections substituted:

10 Section 60 of Chapter 23 is amended by adding immediately after subsection (2) the following subsection:

11 Section 64 of Chapter 23 is repealed and the following Section substituted:

12 Subsection 68(6) of Chapter 23 is amended by striking out "no amendment has been made or when" in the first and second lines.

13 Chapter 23 is further amended by adding immediately after Section 68 the following Section:

14 Chapter 23 is further amended by adding immediately after Section 69 the following Section:

15 Section 80 of Chapter 23 is repealed and the following Section substituted:

16 Section 85 of Chapter 23, as amended by Chapter 11 of the Acts of 1992, is further amended by adding "(1)" immediately after the Section number and by adding the following subsection:

17 Section 86 of Chapter 23 is repealed and the following Section substituted:

18 Chapter 23 is further amended by adding immediately after Section 87 the following Section:

19 Chapter 23 is further amended by adding immediately after Section 179 the following Section:

20 Subsection 180(2) of Chapter 23 is amended by

(a) striking out "and" in the third line and substituting a comma; and

(b) adding "and Sections 69A and 179A" immediately after "59" in the third line.

PART II

MUNICIPAL ELECTIONS ACT

21 Chapter 300 of the Revised Statutes, 1989, the Municipal Elections Act, is amended by adding immediately after Section 17 the following Sections:

22 Clause 18(1)(d) of Chapter 300 is amended by adding "unless the person is on a leave of absence granted pursuant to subsection 17C(2)" immediately after "employment" in the seventh line.

23 Subsection 20(1) of Chapter 300 is repealed.

24 Subsections 30A(1A) to (6) of Chapter 300 are repealed.

25 Chapter 300 is further amended by adding immediately after Section 30A the following Section:

26 Subsection 32(1) of Chapter 300 is amended by striking out "at least one conspicuous place in" in the third and fourth lines and substituting "a government office or building or similar office and building, including a post office, in or as near as possible to".

27 Subsection 40(7) of Chapter 300, as enacted by Chapter 6 of the Acts of 1997, is amended by

(a) adding "Chief Electoral Officer for the Province or the" immediately after "the" in the second line;

(b) adding "provincial list of electors, a" immediately after "a" in the third line;

(c) adding "or a permanent register of electors" immediately after "electors" the first time it appears in the fourth line; and

(d) adding" Chief Electoral Officer for the Province or the" immediately before "Chief" in the fifth line.

28 Section 44 of Chapter 300 is amended by adding immediately after subsection (4) the following subsection:

29 Subsection 98(3) of Chapter 300 is repealed and the following subsection substituted:

30 Section 118 of Chapter 300, as amended by Chapter 26 of the Acts of 1994, is further amended by striking out "twenty-five" in the first line and substituting "ten".

31 Subsection 123(4) of Chapter 300 is repealed and the following subsection substituted:

32 Subsection 123A(1) of Chapter 300, as enacted by Chapter 18 of the Acts of 1998, is amended by striking out "twenty-five" in the first line and substituting "ten".

PART III

MUNICIPAL GOVERNMENT ACT

33 Section 3 of Chapter 18 of the Acts of 1998, the Municipal Government Act, is amended by

(a) adding "or other person" immediately after "municipality" in the second line of clause (a);

(b) adding ", except where the context otherwise requires" immediately after "municipality" in the third line of clause (az);

(c) adding ", committee created by an intermunicipal services agreement" immediately after "municipality" in the second last line of clause (bn); and

(d) adding "or village" immediately after "municipality" in the last line of clause (bp).

34 Subsection 10(3) of Chapter 18 is amended by striking out "ward" in the second line and substituting "polling district".

35 (1) Subsection 22(1) of Chapter 18 is amended by adding "and meetings of committees appointed by council" immediately after "meetings" in the second line.

(2) Subsection 22(5) of Chapter 18 is amended by striking out "the council has determined" in the second line.

36 Section 41 of Chapter 18 is amended by adding "or other person" immediately after "municipality" in the second line.

37 Clause 60(2)(c) of Chapter 18 is amended by adding a comma immediately after "villages" in the third line.

38 Subsection 77(2) of Chapter 18 is repealed and the following subsection substituted:

39 Chapter 18 is further amended by adding immediately after Section 80 the following Sections:

40 Subsection 88(1) of Chapter 18 is amended by adding ", committee created by an intermunicipal services agreement" immediately after "village" in the second line.

41 Chapter 18 is further amended by adding immediately after Section 102 the following Section:

42 Subsection 109(8) of Chapter 18 is amended by striking out "(3)" in the first and in the last lines and substituting in each case "(7)".

43 Section 177 of Chapter 18 is amended by adding ", that persistently disturbs the quiet of a neighbourhood by barking, howling or otherwise or that runs at large," immediately after "dangerous" in the second line.

44 Subsection 220(4) of Chapter 18 is amended by adding immediately after clause (c) the following clause:

45 Clause 247(3)(b) of Chapter 18 is amended by adding "or a concept plan" immediately after "subdivision" in the second line.

46 Clause 249(e) of Chapter 18 is amended by adding "or a concept plan" immediately after "subdivision" in the third and fourth lines.

47 Section 260 of Chapter 18 is repealed.

48 Subsection 269(5) of Chapter 18 is amended by adding "in different ownerships" immediately after "land" in the second line.

49 Subsection 282(1) of Chapter 18 is amended by adding "in different ownerships" immediately after "land" in the second line.

50 Section 307 of Chapter 18 is amended by striking out "land" in the second line and substituting "lane".

51 Subsection 318(1) of Chapter 18 is amended by striking out "No" in the first line and substituting "Except as otherwise provided in this Act, no".

52 Subsection 346(4) of Chapter 18 is amended by striking out "personally" in the second line.

53 Clause 371(a) of Chapter 18 is amended by striking out "residents" in the first line and substituting "electors".

54 Clause 372(2)(b) of Chapter 18 is amended by striking out "residents" in the second line and substituting "electors".

55 Section 449 of Chapter 18 is amended by adding ", a committee created by an intermunicipal services agreement" immediately after "village" in the last line.

56 Subsection 450(1) of Chapter 18 is amended by adding "of a municipality" immediately after "matter" in the fourth line.

57 Subsection 483(3) of Chapter 18 is amended by striking out "authorized" in the third line and substituting "unauthorized".

58 Clause 491(b) of Chapter 18 is amended by striking "public body" in the second line and substituting "municipality".

59 Section 506 of Chapter 18 is amended by adding "one hundred dollars nor more than" immediately after "than" in the fourth line.

60 Section 509 of Chapter 18 is repealed and the following Section substituted:

61 Section 577 of Chapter 18 is repealed and the following Section substituted:

PART IV

GENERAL

62 (1) Section 4 has effect on and after October 1, 1993.

(2) Sections 6, 10, 11 and 14 have effect on and after January 1, 2000.

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This page and its contents published by the Office of the Legislative Counsel, Nova Scotia House of Assembly, and © 2000 Crown in right of Nova Scotia. Updated June 9, 2000. Send comments to legc.office@gov.ns.ca.