BILL NO. 185

(as introduced)

2nd Session, 62nd General Assembly
Nova Scotia
65 Elizabeth II, 2016

Private Member's Bill

Municipal Government Act (amended)
and
Halifax Regional Municipality Charter (amended)

Marian Mancini
Dartmouth South

First Reading: May 13, 2016

(Explanatory Notes)

Second Reading:

Third Reading:

Clause 1

(a) adds definitions of "affordable housing" and "public benefit" to the Municipal Government Act;

(b) requires the nature and extent of public benefits and monetary contributions to be set out in a municipal planning strategy;

(c) requires a municipal council to negotiate for a public benefit or monetary contribution, or both, with an applicant for a development agreement; and

(d) requires an applicant for a development agreement to provide proof of an affordable housing tenant's eligibility for affordable housing where the development agreement requires affordable housing to be provided by the applicant.

Clause 2

(a) adds definitions of "affordable housing" and "public benefit" to the Halifax Regional Municipality Charter;

(b) requires the nature and extent of public benefits and monetary contributions to be set out in a municipal planning strategy;

(c) requires Halifax Regional Municipality Council to negotiate for a public benefit or monetary contribution, or both, with an applicant for a development agreement; and

(d) requires an applicant for a development agreement to provide proof of an affordable housing tenant's eligibility for affordable housing where the development agreement requires affordable housing to be provided by the applicant.

Be it enacted by the Governor and Assembly as follows:

1 Chapter 18 of the Acts of 1998, the Municipal Government Act, is amended by adding immediately after Section 225 the following Section:

(2) A municipal planning strategy must set out

(a) the nature and extent of a public benefit an applicant is required to provide in exchange for a development agreement; and

(b) the calculation for a money contribution the Council may accept in lieu of or in addition to a public benefit.

(3) No development agreement may be entered into unless

(a) the Council has negotiated with the applicant for a public benefit or a monetary contribution in lieu of or in addition to a public benefit; and

(b) the development agreement requires the applicant to provide the public benefit or monetary contribution, or both.

(4) A development agreement that requires the applicant to provide affordable housing as a public benefit must also require the applicant to obtain proof of eligibility for affordable housing from the affordable housing tenants and provide it to the Council upon the Council's request.