BILL NO. 9

(as introduced)

3rd Session, 58th General Assembly
Nova Scotia
52 Elizabeth II, 2003



Government Bill



Municipal Law Amendment (2003) Act
(amended)



The Honourable Peter G. Christie
Minister of Service Nova Scotia and Municipal Relations



First Reading: March 31, 2003

(Explanatory Notes)

Second Reading: May 20, 2003

Third Reading: May 22, 2003 (WITH COMMITTEE AMENDMENTS) (LINK TO BILL AS PASSED)

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Explanatory Notes

Clause 1 gives the Act a short title.

Clause 2 adds a definition of "level access" to the Municipal Elections Act and amends the definitions of "clerk", "council", "councillor", "Minister", "municipality" and "nomination day".

Subclause 3(1) clarifies that the returning officer need not be the municipal clerk.

Subclause 3(2) clarifies the role of the assistant returning officer.

Subclause 3(3) sets out the date by which the returning officer must be appointed.

Clause 4 allows for more certain levels of cost recovery by municipalities for running school board elections.

Clause 5 changes nomination day and adds an extra week to the time for a special election.

Clause 6 amends Section 16 of the Municipal Elections Act dealing with where a person is ordinarily resident.

Clause 7 changes the details of the tax certificate required before a person can be nominated to be elected as a councillor.

Clause 8 provides that Section 17B of the Municipal Elections Act applies notwithstanding Section 18 of the Municipal Government Act.

Clauses 9 and 10 remove provisions that are no longer applicable.

Clauses 11 to 13 clarify the options for preparing the voters' list and the role of council in the process.

Clause 14 provides that the index sheets are not be be copied.

Clause 15 permits broader posting of the preliminary list of electors and clarifies that the list is not available for public distribution.

Clauses 16 and 17 allow greater flexibility respecting the revision period.

Clause 18 provides a new method for voters to register once the final voters list is completed.

Clause 19 updates wording in Section 43 of the Municipal Elections Act.

Subclause 20(1) changes nomination day.

Subclause 20(2) changes the details of the tax certificate required before the returning officer can accept a nomination.

Subclause 20(3) provides that a nomination may be filed during the five business days preceding nomination day.

Clause 21 clarifies when nomination papers become public.

Clause 22 clarifies that failure to file disclosure statements on time is an offence.

Clause 23 deletes Ministerial approval of a by-law and requires that copies of voters' lists be returned by a candidate.

Clause 24 changes nomination day.

Clause 25 authorizes campaigning in apartment buildings.

Clause 26 clarifies the date for declaring a candidate elected by acclamation.

Clause 27 provides that a polling station must be in premises with level access.

Clause 28 repeals a provision that is no longer necessary as a result of the change made by Clause 27.

Clauses 29 and 30 prohibit candidates who are their own official agents from being in the polls as agents.

Clause 31 provides that a candidate may act as official agent.

Clause 32 removes the restriction that proxy voters and voters must be in the same polling division.

Clause 33 removes out-of-date references to an alderman and clarifies voting eligibility.

Clause 34 limits the number of voters a person and a candidate can assist with voting.

Clause 35 provides that the poll clerk shall enter in the poll book the number of a certificate of eligibility.

Clauses 36 and 37 clarify who can be present at vote counting.

Clause 38 provides that an elector who expects to be unable to vote on ordinary polling day may vote at an advance poll.

Clause 39 removes the requirement for a declaration to vote at the advance poll.

Clause 40 clarifies when poll books may be inspected.

Clause 41 authorizes a municipal by-law to permit the use of new voting methods.

Clause 42 deals with the placing of signage near polling places.

Clause 43 adds to the regulation-making authority of the Minister.

Clause 44 clarifies eligibility to vote at a school board special election and replaces the requirement for a written declaration to vote for the Conseil scolaire acadien provincial with a requirement to confirm eligibility by selecting the ballot to vote for the Conseil.

Clause 45 replaces the requirement for a written declaration to vote for an African Nova Scotian member of a school board with a requirement to confirm eligibility by selecting the ballot for the African Nova Scotian member, restates subsection 42A(8) to refer to the confirmation process and clarifies eligibility to vote at a school board special election.

Clause 46 removes provisions that are no longer applicable to be consistent with the changes made by Clauses 9 and 10.

Clause 47 removes provisions that are no longer applicable to be consistent with the changes made by Clause 4.

Clause 48 clarifies that an elector can vote once at a school board ordinary election and once at a school board special election.

Clause 49 amends the definition of "dangerous or unsightly".

Clause 50 provides that a councillor or employee of a municipality who releases information from a private meeting will be responsible for any loss or personal profit arising from the release of the information.

Clause 51 authorizes the sale of unusable parcels of land for less than market value.

Clause 52 removes the limit on charity grants.

Clause 53 provides that a deed is exempt from deed transfer tax when it transfers property to a municipality.

Clause 54 authorizes a court application for difficult tax sales.

Clause 55 clarifies that the same rules apply for a re-advertisement for a tax sale as applied to the original advertisement.

Clause 56 clarifies wording in a provision of the Municipal Government Act.

Clause 57 allows council to establish larger notification areas for specific applications for site-plan approvals.

Clause 58 provides that a land-use by-law may regulate or prohibit development within a specified distance of a watercourse or a municipal water-supply wellhead.

Clause 59 permits the inclusion of variance provisions in a development agreement.

Clause 60 clarifies wording in a provision of the Municipal Government Act.

Subclause 61(1) provides that a land-use by-law shall identify the notification area.

Subclause 61(2) enables site-plan approval to apply to the development of one or two unit dwellings.

Clause 62 allows council to establish larger notification area for specific site-plan approvals.

Clauses 63 and 64 apply the variance provisions to development agreements.

Clause 65 provides that a municipal planning strategy may provide for the extension, enlargement or alteration of structures containing nonconforming uses with or without permitting the expansion of the non-conforming use into an addition.

Clause 66 clarifies wording in a provision of the Act.

Clause 67 corrects a misspelling in the Municipal Government Act.

Clause 68 provides that subdivision approval is not required for a subdivision resulting from the disposal by a municipality of a street, former street or trail.

Clause 69 provides for the deemed consolidation of long-standing lots.

Clause 70 provides that a subdivision by-law that is inconsistent with the provincial subdivision regulations is deemed to be amended by the subdivision regulations applicable to the municipality, unless the by-law provisions are more stringent.

Clause 71 provides that a subdivision by-law may provide that where land being subdivided has frontage on the ocean, a river or a lake, the land transferred must include land with frontage on the ocean, river or lake.

Clause 72 permits a development officer to accept a bond or security for parkland without council approval.

Clause 73 clarifies wording in a provision of the Act.

Clause 74 requires an agreement to extend an application for subdivision approval to be in writing.

Clause 75 provides for the consolidation of remainder lots when new lots cross their boundaries.

Clause 76 clarifies wording in a provision of the Municipal Government Act.

Clause 77 allows council to set the notice period for an order to remedy an unsightly condition as well as a dangerous condition.

Clause 78 removes the provision that required the preliminary order for the incorporation of a town to set a date for the hearing of the application.

Clause 79 provides that the Nova Scotia Utility and Review Board shall, at the hearing of an application for a preliminary order to dissolve a town, hear a representative of any municipality to which the area of the town might be annexed.

Clause 80 removes the provision in the Municipal Government Act that required the preliminary order for the dissolution of a town to set a date for the hearing of the application.

Clause 81 removes a provision that enabled a village commission to make by-laws providing methods of enforcing the payment of charges for expenditures incurred for the wastewater management system in a wastewater management district.

Clause 82 makes subsection 438(3) of the Municipal Government Act subject to subsection 438(2).

Clauses 83 to 95 amend Part XX (Freedom of Information and Protection of Privacy) of the Act to reflect the changes made to the Freedom of Information and Protection of Privacy Act in 1999.

Clause 96 deletes several definitions in the Municipal Grants Act and amends others.

Clauses 97 and 98 clearly authorize the current practice of the payment of grants in lieu of taxes with respect to business occupancy assessment.

Clause 99 updates a reference to a Minister.

Clause 100 removes references to an "area" in Section 9 of the Municipal Grants Act and substitutes references to a "municipality" and removes references to the Director of Assessment and substitutes references to the Minister.

Clause 101 amends subsection 11(1) of the Municipal Grants Act to refer to an equalization grant rather than an operating grant to reflect the current terminology and repeals subsections 11(2) and (3) which are no longer necessary.

Clause 102 removes references to an "area" in Section 13 of the Municipal Grants Act and substitutes references to a "municipality".

Clause 103 clarifies Section 14 of the Municipal Grants Act respecting the calculation of uniform assessment and removes out-of-date references.

Clause 104 repeals Section 15 of the Municipal Grants Act respecting agreements which grant a tax exemption or concession in respect to machinery and equipment assessment.

Clause 105 removes references to an "area" in Section 16 of the Municipal Grants Act and substitutes references to a "municipality".

Clause 106 removes references to an "area" in Section 17 of the Municipal Grants Act and substitutes references to a "municipality".

Clause 107 provides that the equalization grants paid to municipalities shall be paid in four quarterly instalments each year.

Clauses 108 and 109 repeal provisions of the Municipal Grants Act that are spent or were transitional in nature.

Clause 110 provides that Clauses 4 and 47 of the Bill come into force on proclamation.

Clause 111 provides that the amendments contained in paragraphs 96(a) and (g) and Clause 108 have effect on and after April 1, 2003.

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An Act to Amend Chapter 300
of the Revised Statutes, 1989,
the Municipal Elections Act,
Chapter 18 of the Acts of 1998,
the Municipal Government Act, and
Chapter 302 of the Revised Statutes, 1989,
the Municipal Grants Act

Be it enacted by the Governor and Assembly as follows:

1 This Act may be cited as the Municipal Law Amendment (2003) Act.

PART I

MUNICIPAL ELECTIONS ACT

and Education Act

2 Subsection 2(1) of Chapter 300 of the Revised Statutes, 1989, the Municipal Elections Act, as amended by Chapter 38 of the Acts of 1990, Chapter 26 of the Acts of 1994 and Chapter 18 of the Acts of 1998, is further amended by

(a) striking out clause (c) and substituting the following clause:

(b) striking out clauses (e) and (f) and substituting the following clauses:

and

(c) striking out clauses (q) to (s) and substituting the following clauses:

3 (1) Subsection 4(1) of Chapter 300 is amended by adding ", another municipal employee or another person who is not a municipal employee" immediately after "clerk" in the second line.

(2) Subsection 4(1A) of Chapter 300, as enacted by Chapter 26 of the Acts of 1994, is amended by adding "or at the request of the returning officer" immediately after "absent" in the last line.

(3) Section 4 of Chapter 300 is further amended by adding immediately after subsection (1A) the following subsection:

4 Section 5 of Chapter 300 is amended by adding immediately after subsection (3) the following subsections:

5 (1) Subsection 13(2) of Chapter 300, as amended by Chapter 26 of the Acts of 1994, is further amended by striking out "ten" in the second line and substituting "eleven".

(2) Subsection 13(3) of Chapter 300 is amended by striking out "third Monday" in the second line and substituting "fourth Tuesday".

(3) Subsection 13(4) of Chapter 300 is amended by

(a) striking out "of a town or a city" in the second line; and

(b) striking out "fourth Wednesday" in the third line and substituting "fifth Thursday".

6 Section 16 of Chapter 300 is amended by adding immediately after subsection (2) the following subsection:

7 Clause 17(1)(c) of Chapter 300 is repealed and the following clause substituted:

8 Section 17B of Chapter 300, as enacted by Chapter 9 of the Acts of 2000, is amended by striking out "An" in the first line and substituting "Notwithstanding Section 18 of the Municipal Government Act, an".

9 Subsection 18(1A) of Chapter 300 is repealed.

10 Section 19 of Chapter 300 is repealed.

11 Section 30 of Chapter 300 is repealed and the following Section substituted:

12 Subsection 30A(1) of Chapter 300 is repealed.

13 (1) Subsections 30B(1) to (3) of Chapter 300 are repealed.

(2) Subsection 30B(4) of Chapter 300, as enacted by Chapter 9 of the Acts of 2000, is amended by striking out "information pursuant to subsection (3)" in the second and third lines and substituting "a list of electors or permanent register of electors to a returning officer".

14 Subsection 31(2) of Chapter 300 is amended by

(a) striking out "him in his" in the third line and substituting "the returning officer in the returning officer's"; and

(b) adding "but shall not be photocopied or otherwise reproduced for members of the public" immediately after "times" in the last line.

15 (1) Subsection 32(1) of Chapter 300, as amended by Chapter 9 of the Acts of 2000, is further amended by striking out "government office or building or similar office and building, including a post office," in the third and fourth lines and substituting "building that is open to the public that the returning officer considers to be a site from which the preliminary list is unlikely to be removed".

(2) Section 32 is further amended by adding immediately after subsection (4) the following subsection:

16 Subsection 38(1) of Chapter 300 is amended by striking out "fifteenth day of August" in the first line and substituting "date chosen by the council on the advice of the returning officer".

17 Subsection 40(1) of Chapter 300 is repealed and the following subsection substituted:

18 Chapter 300 is further amended by adding immediately after Section 41 the following Section:

19 Subsection 43(2) of Chapter 300 is amended by striking out "a mayor for the city or town" in the fourth line and substituting "the mayor".

20 (1) Subsection 44(2) of Chapter 300 is amended by striking out "last Monday" in the third and fourth lines and substituting "Tuesday".

(2) Subsection 44(4) of Chapter 300 is repealed and the following subsection substituted:

(3) Subsection 44(9) of Chapter 300 is amended by striking out "week" in the third line and substituting "five business days".

21 Section 48 of Chapter 300 is amended by adding immediately after subsection (3) the following subsection:

22 Section 49A of Chapter 300, as enacted by Chapter 18 of the Acts of 1998, is amended by adding immediately after subsection (11) the following subsection:

23 (1) Subsection 51(2)of Chapter 300 is repealed.

(2) Subsection 51(3) of Chapter 300 is amended by adding ", and upon return of all copies of the final list of electors in the candidate's possession" immediately after "clerk" in the fourth line.

(3) Subsection 51(6) of Chapter 300 is repealed and the following subsection substituted:

24 Subsection 54(4) of Chapter 300 is amended by striking out "third Monday" in the second line and substituting " fourth Tuesday".

25 Chapter 300 is further amended by adding immediately after Section 54 the following Sections:

26 Section 55 of Chapter 300 is amended by adding "or, in the case of a special election where holding a poll is no longer necessary, at the first meeting after being so informed" immediately after "day" in the last line.

27 Subsection 62(1) of Chapter 300 is amended by

(a) striking out "of convenient" in the first and second lines and substituting "with level"; and

(b) striking out "his" in the third line and substituting "the elector's".

28 Section 63 of Chapter 300 is repealed.

29 Clause 69(1)(e) of Chapter 300 is amended by adding "unless the official agent is the candidate" immediately after "candidate".

30 Subsection 71(4) of Chapter 300 is amended by

(a) striking out "his" in the first line and substituting "the"; and

(b) adding ", other than a candidate acting as official agent," immediately after "agent" in the third line.

31 Section 72 of Chapter 300 is repealed and the following Section substituted:

32 (1) Clause 76(1)(c) of Chapter 300 is amended by

(a) striking out "for the polling division where the elector is ordinarily resident" in the second, third and fourth lines of subclause (i) and substituting "or have a certificate of eligibility";

(b) striking out subclause (ii); and

(c) adding "elector's" immediately after "the" in the first line of subclause (iii).

(2) Subsection 76(2) of Chapter 300, as enacted by Chapter 26 of the Acts of 1994, is amended by

(a) adding "or the number of the elector's certificate of eligibility" immediately after "electors" in the second line of clause (b); and

(b) adding "or the number of the proxy voter's certificate of eligibility" immediately after "list" in the third line of clause (d).

33 Subsection 82(1) of Chapter 300 is amended by

(a) striking out "or alderman" in the second line; and

(b) adding "for which the elector is qualified to vote" immediately after "elected" the second time it appears in the third line.

34 (1) Clause 86(1)(b) of Chapter 300 is amended by adding "that the friend has not previously acted as a friend for any other elector in the election, other than an elector who is a child, grandchild, brother, sister, parent, grandparent, husband or wife of the friend of the elector," immediately after "form" in the second line.

(2) Section 86 of Chapter 300 is further amended by adding immediately after subsection (4) the following subsection:

35 Clause 94(a) of Chapter 300 is amended by adding "or the number of the certificate of eligibility" immediately after "electors" in the second line.

36 Section 106 of Chapter 300 is amended by striking out ", agents and electors representing candidates" in the second and third lines and substituting "and agents".

37 (1) Subsection 107(1) of Chapter 300 is amended by striking out ", agents and electors" in the third and fourth lines and substituting "and agents".

(2) Subsection 107(2) of Chapter 300 is amended by striking out ", agents and electors" in the second and third lines and substituting "and agents".

(3) Subsection 107(3) of Chapter 300 is amended by striking out "or alderman as the case may be" in the third line.

(4) Section 107 is further amended by adding immediately after subsection (3) the following subsection:

38 Subsection 114(3) of Chapter 300 is repealed and the following subsection substituted:

39 Section 115 of Chapter 300 is repealed.

40 Section 140 of Chapter 300 is amended by adding immediately after subsection (1) the following subsection:

41 Chapter 300 is further amended by adding immediately after Section 146 the following Section:

42 Clause 155(1)(b) of Chapter 300 is amended by striking out "a polling place or" in the fourth line and substituting "any wall of".

43 Section 167 of Chapter 300 is repealed and the following Section substituted:

44 (1) Section 13 of Chapter 1 of the Acts of 1995-96, the Education Act, as amended by Chapter 11 of the Acts of 2000, is further amended by adding immediately after subsection (2) the following subsection:

(2) Clause 13(3)(c) of Chapter 1 is repealed and the following clause substituted:

45 (1) Clause 42A(5)(c) of Chapter 1 is repealed and the following clause substituted:

(2) Subsection 42A(8) of Chapter 1 is repealed and the following subsection substituted:

(3) Section 42A of Chapter 1, as enacted by Chapter 11 of the Acts of 2000, is amended by adding immediately after subsection (10) the following subsection:

46 Clause 46(2)(g) and Section 47 of Chapter 1 are repealed.

47 Subsections 48(4) and (5) of Chapter 1 are repealed.

48 Section 49 of Chapter 1 is repealed and the following Section substituted:

PART II

MUNICIPAL GOVERNMENT ACT

49 Subclause 3(r)(ix) of Chapter 18 of the Acts of 1998, the Municipal Government Act, is amended by adding "or the landscaping" immediately after "structure" in the third line.

50 Section 22 of Chapter 18, as amended by Chapter 9 of the Acts of 2000, is further amended by adding immediately after subsection (5) the following subsections:

51 Chapter 18 is further amended by adding immediately after Section 51 the following Section:

52 Clause 65(au) of Chapter 18 is amended by striking out "but the total of the amounts so paid in a fiscal year shall not exceed one per cent of the taxes for general municipal purposes levied by the municipality for that year" in the last four lines and substituting "and the municipality shall publish annually a list of the organizations and grants or contributions made pursuant to this clause in a newspaper circulating in the municipality".

53 Subsection 109(1) of Chapter 18 is amended by adding immediately after clause (a) the following clause;

54 Chapter 18 is further amended by adding immediately after Section 139 the following Section:

55 Section 143 of Chapter 18 is amended by adding immediately after subsection (4) the following subsection:

56 Subsection 176(1) of Chapter 18 is amended by adding "contrary to a by-law" immediately after "otherwise" in the sixth and seventh lines.

57 Subclause 214(1)(o)(vi) of Chapter 18 is amended by adding ", including whether notice must be given to owners of property that is thirty metres or more from the applicant's property" immediately after "areas" in the second line.

58 Clause 220(5)(o) of Chapter 18 is repealed and the following clause substituted:

59 Subsection 227(3) of Chapter 18 is amended by adding immediately after clause (a) the following clause:

60 Subsection 230(7) of Chapter 18 is amended by adding ", if the substantive items were identified in the agreement" immediately after "substantive" the first time it appears in the third line.

61 (1) Subsection 231(1) of Chapter 18 is amended by adding immediately after clause (e) the following clause:

(2) Subsection 231(2) of Chapter 18 is repealed.

62 Section 232 of Chapter 18 is amended by adding immediately after subsection (2) the following subsection:

63 (1) Subsection 235(1) of Chapter 18 is amended by adding "terms in a development agreement, if provided for in the development agreement, or" immediately after "following" in the second line.

(2) Subsection 235(2) of Chapter 18 is amended by adding "terms in a development agreement, if provided for in the development agreement, or" immediately after "following" in the third line.

(3) Subsection 235(3) of Chapter 18 is amended by

(a) adding "development agreement or" immediately after "the" the second time it appears in the first line of clause (a); and

(b) adding "development agreement or" immediately after "the" the second time it appears in the second line of clause (c).

64 Subsection 237(2) of Chapter 18 is amended by striking out "a land-use by-law" in the third and fourth lines and substituting "the terms of the development agreement or a land-use by-law, whichever is applicable,".

65 Clause 242(1)(c) of Chapter 18 is amended by adding ", with or without permitting the expansion of the nonconforming use into an addition" immediately after "uses" in the second line.

66 Clause 251(1)(c) of Chapter 18 is amended by

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

(b) adding "the development agreement, approve the development agreement with the changes required by the Board" immediately after "approve" in the fourth line.

67 Subsection 253(2) of Chapter 18 is amended by striking out "recession" in the last line and substituting "rescission".

68 Clause 268(2)(f) of Chapter 18 is repealed and the following clauses substituted:

69 Chapter 18 is further amended by adding immediately after Section 268 the following Section:

70 Section 270 of Chapter 18, as amended by Chapter 6 of the Acts of 2001, is further amended by adding immediately after subsection (5) the following subsection:

71 Clause 271(3)(h) of Chapter 18 is amended by

(a) adding "trails," immediately after "for" in the third line; and

(b) adding "and a requirement that, if the land being subdivided has frontage on the ocean, a river or a lake, the land transferred include land with frontage on the ocean, river or lake or land to provide public access to the ocean, river or lake," immediately before "provided" in the fourth line.

72 Subsection 273(11) of Chapter 18 is amended by striking out ", with the approval of the council," in the first and second lines.

73 Clause 274(2)(e) of Chapter 18 is amended by striking out "upgrading intersections," in the first line.

74 Subsection 277(2) of Chapter 18 is amended by adding ", in writing," immediately after "agree" in the fourth line.

75 Chapter 18 is further amended by adding immediately after Section 281 the following Section:

76 Subsection 288(2) of Chapter 18 is amended by adding "effective" immediately preceding "date" in the third line.

77 Subsection 348(3A) of Chapter 18 is repealed.

78 Subsection 387(5) of Chapter 18 is repealed.

79 Section 397 of Chapter 18 is amended by adding immediately after clause (b) the following clause:

80 Subsection 398(5) of Chapter 18 is repealed.

81 Clause 428(1)(b) of Chapter 18 is repealed.

82 Subsection 438(3) of Chapter 18 is amended by striking out "The" in the first line and substituting "Subject to subsection (2), the".

83 Subsection 463(2) of Chapter 18 is amended by adding immediately after clause (e) the following clause:

84 Chapter 18 is further amended by adding immediately after Section 464 the following Section:

85 Section 465 of Chapter 18 is amended by adding immediately after subsection (2) the following subsections:

86 (1) Clause 467(1)(a) of Chapter 18 is amended by striking out "effect" in the first line and substituting "effort".

(2) Subsection 467(2) of Chapter 18 is amended by adding "and the applicant has met the requirements of clauses 466(1)(b) and (c)" immediately after "received" in the third line.

87 Subsection 470(1) of Chapter 18 is amended by adding ", or such longer period as the review officer may determine" immediately after "received" in the second line.

88 Subsection 471(3) of Chapter 18 is repealed.

89 Chapter 18 is further amended by adding immediately after Section 479 the following Section:

90 (1) Section 482 of Chapter 18 is amended by adding immediately after subsection (1) the following subsection:

(2) Subsection 482(2) of Chapter 18 is amended by

(a) adding "and" immediately after clause (a);

(b) striking out "; and" immediately after clause (b) and substituting a period; and

(c) striking out clause (c).

(3) Section 482 is further amended by adding immediately after subsection (3) the following subsections:

(4) Section 482 is further amended by adding immediately after subsection (5) the following subsection:

91 Section 487 of Chapter 18 is amended by adding immediately after subsection (3) the following subsections:

92 (1) Subsection 490(2) of Chapter 18 is amended by

(a) striking out "and" immediately after clause (b);

(b) striking out the period at the end of clause (c) and substituting "; and"; and

(c) adding the following clause:

(2) Section 490 of Chapter 18 is further amended by adding immediately after subsection (2) the following subsection:

93 Section 491 of Chapter 18, as amended by Chapter 9 of the Acts of 2000, is further amended by adding "(1)" immediately after the Section number and by adding the following subsections:

94 (1) Section 494 of Chapter 18 is amended by adding immediately after subsection (1) the following subsections:

(2) Section 494 of Chapter 18 is further amended by adding immediately after subsection (5) the following subsection:

95 Section 500 of Chapter 18 is amended by adding immediately after subsection (1) the following subsection:

PART III

MUNICIPAL GRANTS ACT

96 Section 2 of Chapter 302 of the Revised Statutes, 1989, the Municipal Grants Act, as amended by Chapter 19 of the Acts of 1990 and Chapter 7 of the Acts of 1994-95, is further amended by

(a) striking out clause (a);

(b) striking out clause (b);

(c) striking out clauses (d) and (e) and substituting the following clauses:

(d) striking out clause (g) and substituting the following clause:

(e) striking out clause (i);

(f) adding ", committee created by an inter-municipal service agreement" immediately after "municipality" in the second last line of clause (j);

(g) striking out clause (k); and

(h) striking out clauses (l) and (m) and substituting the following clauses:

97 (1) Subsection 3(1) of Chapter 302 is amended by adding "and business occupancy assessment" immediately after "property" in the third line.

(2) Section 3 is further amended by adding immediately after subsection (3) the following subsection:

98 (1) Subsection 4(1) of Chapter 302 is amended by adding "and business occupancy assessment" immediately after "property" in the fourth line.

(2) Subsection 4(2) of Chapter 302, as amended by Chapter 7 of the Acts of 1994-95, is further amended by adding "and business occupancy assessment" immediately after "property" in the third and fourth lines.

99 Clause 6(c) of Chapter 302 is amended by striking out "Housing" in the first line and substituting "Community Services".

100 (1) Subsection 9(1) of Chapter 302, as enacted by Chapter 5 of the Acts of 2002, is amended by striking out "areas" in the second line and substituting "municipalities".

(2) Subsection 9(2) of Chapter 302 is amended by

(a) striking out "an area" in the first line and substituting "a municipality"; and

(b) striking out "Director" in the second line and substituting "Minister".

(3) Subsection 9(4) of Chapter 302 is amended by

(a) striking out "Director" in the second line and substituting "Minister"; and

(b) striking out "an area" in the third line and substituting "a municipality".

101 (1) Subsection 11(1) of Chapter 302 is amended by striking out "operating" in the first and second lines and substituting "equalization".

(2) Subsections 11(2) and (3) of Chapter 302 are repealed.

102 Section 13 of Chapter 302 is amended by

(a) striking out "an area" in the first line and substituting "a municipality"; and

(b) striking out "area" in the third line and in the fourth line and substituting in each case "municipality".

103 (1) Subsection 14(1) of Chapter 302 is repealed and the following subsection substituted:

(2) Subsection 14(2) of Chapter 302 is amended by

(a) striking out "an area" in the second line and substituting "a municipality"; and

(b) striking out "and in such area of that municipality as the Director deems appropriate" in the seventh and eighth lines.

(3) Subsections 14(3) to (5) of Chapter 302 are amended by striking out "Director" wherever it appears in those subsections and substituting in each case "Minister".

104 Section 15 of Chapter 302 is repealed.

105 (1) Subsection 16(1) of Chapter 302, as enacted by Chapter 5 of the Acts of 2002, is amended by striking out "areas and Class II areas" in the second line and substituting "and Class II municipalities".

(2) Subsection 16(2) of Chapter 302, as enacted by Chapter 5 of the Acts of 2002, is amended by striking out "areas" in the second line of clause (a) and the second line of clause (b) and substituting in each case "municipalities".

106 (1) Subsection 17(1) of Chapter 302, as enacted by Chapter 7 of the Acts of 1994-95, is amended by striking out "area" both times it appears in the second line and in the fourth line and substituting in each case "municipality".

(2) Subsection 17(2) of Chapter 302, as enacted by Chapter 7 of the Acts of 1994-95, is amended by striking out "an area" in the second line and substituting "a municipality".

(3) Subsection 17(3) of Chapter 302, as enacted by Chapter 7 of the Acts of 1994-95, is amended by

(a) striking out "an area" in the first line and substituting "a municipality";

(b) striking out "area" in the third line and substituting "municipality"; and

(c) striking out "areas" in the fourth line and substituting "municipalities".

(4) Subsection 17(4) of Chapter 302, as enacted by Chapter 5 of the Acts of 2002, is amended by

(a) striking out "an area" in the fourth line and substituting "a municipality"; and

(b) striking out "area" in the fifth line and substituting "municipality".

107 Section 19 of Chapter 302, as amended by Chapter 19 of the Acts of 1990 and Chapter 7 of the Acts of 1994-95, is further amended by striking out "instalment in April, July, October and January" in the second line and substituting "four quarterly instalments".

108 Section 33 of Chapter 302 is repealed.

109 Sections 35, 39 and 40 of Chapter 302 are repealed.

PART IV

EFFECTIVE DATES

110 Sections 4 and 47 come into force on such day as the Governor in Council orders and declares by proclamation.

111 Clauses 96(a) and (g) and Section 108 have effect on and after April 1, 2003.

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