3rd Session, 58th General Assembly
Nova Scotia
52 Elizabeth II, 2003
The Honourable Peter G. Christie
Minister of Service Nova Scotia
and Municipal Relations
First Reading: March 31, 2003 (LINK TO BILL AS INTRODUCED)
Second Reading: May 20, 2003
Third Reading: May 22, 2003 (WITH COMMITTEE AMENDMENTS)
Royal Assent: May 22, 2003
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:
(c) "clerk" means the clerk of a municipality;
(b) striking out clauses (e) and (f) and substituting the following clauses:
(e) "council" means the council of a municipality;
(f) "councillor" means a mayor, warden or council member;
and
(c) striking out clauses (q) to (s) and substituting the following clauses:
(q) "level access" in respect of any premises means premises that are so located that a person may reach the premises from the street or roadway and enter the premises without going up or down any step, stairs or escalator;
(r) "Minister" means the Minister of Service Nova Scotia and Municipal Relations;
(s) "municipality" means a regional municipality, town or county or district municipality;
(sa) "nomination day", in the case of a regular election, means the second Tuesday in September in a regular election year and, in the case of any other election, means the fourth Tuesday preceding ordinary polling day;
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:
(1B) The council shall appoint the returning officer for a regular election on or before the fifteenth day of March of the regular election year.
4 Section 5 of Chapter 300 is amended by adding immediately after subsection (3) the following subsections:
(4) The costs incurred by a municipality in accordance with regulations adopted pursuant to this Act from
(a) the inclusion of the election of members of a school board with the regular municipal elections; or
(b) a special election for a member of a school board,
may be recovered by the municipality from the school board for which the costs were incurred.
(5) Where there is a dispute between a municipality and a school board over the amount to be recovered pursuant to subsection (4), the dispute shall be submitted to the Minister who shall consult with the Minister of Education or an official designated by the Minister of Education and render a decision.
(6) The decision of the Minister pursuant to subsection (5) is final and binding.
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:
(3) Where a person is ordinarily resident in a dwelling that is generally occupied only during some or all of the months of May to October, inclusive, and the person has no other dwelling to which, at will, the person could move, the person is ordinarily resident at the place where the dwelling is located.
7 Clause 17(1)(c) of Chapter 300 is repealed and the following clause substituted:
(c) has obtained a certificate in the prescribed form from the clerk, treasurer, collector or other official having knowledge of the facts that, as of nomination day, the taxes and other charges that are liens on the person's property due to the municipality by the person have been fully paid;
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:
30 (1) By the fifteenth day of April in a regular election year, the council may, by resolution, provide that the returning officer
(a) conduct an enumeration;
(b) use the lists of electors used in the most recent federal or provincial election, or in an election held pursuant to this Act; or
(c) use any permanent register of electors established and maintained for use in a federal or provincial election,
as the basis for the preliminary list of electors for all or part of the municipality.
(2) Where a special election is to be held, the returning officer may
(a) conduct an enumeration;
(b) use the list of electors prepared in the most recent federal or provincial election, or in an election held pursuant to this Act; or
(c) use any permanent register of electors established and maintained for use in a federal or provincial election,
as the basis for the preliminary list of electors for all or part of the municipality.
(3) Where a federal or provincial election, or an election pursuant to this Act, has not been held but it is to be held on a day not less than six weeks prior to ordinary polling day, the lists prepared for use in that election may be used as provided in this Section.
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:
(5) The preliminary list of electors is not available for distribution and shall not otherwise be open for inspection, disposed of or sold.
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:
(1) The final lists of electors shall be completed on or before the date chosen by the council with advice from the returning officer and that date must be at least one day before the first day when nomination papers may be filed.
18 Chapter 300 is further amended by adding immediately after Section 41 the following Section:
41A (1) Following the completion of the final list of electors and not later than five o'clock in the evening on the Wednesday before ordinary polling day, a person may apply for a certificate of eligibility to vote.
(2) An application shall be accompanied by a declaration under oath of the facts that support the application, and the application may be in the prescribed form or to like effect.
(3) Any person making a false statement in a declaration is guilty of an offence.
(4) Any person inducing or coercing a person to make a false statement in any declaration is guilty of a corrupt practice and is liable to a fine of not less than one thousand dollars nor more than ten thousand dollars, or to imprisonment for a term of not less than ninety days or more than twelve months, or to both.
(5) A returning officer or assistant returning officer who issues a certificate of eligibility shall
(a) complete the certificate in triplicate;
(b) consecutively number each certificate in the order of its issue;
(c) deliver the original certificate to the elector;
(d) transmit a copy of the certificate to the deputy returning officer of the polling station where the name of the person to whom the certificate has been issued appears on the list of electors; and
(e) transmit a copy of the certificate to each candidate.
(6) Once a certificate of eligibility is issued, a person's name is deemed to appear on the final list of electors.
(7) Notwithstanding Section 40, the information from a certificate of eligibility may be incorporated into the final list of electors for the purpose of an election.
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:
(4) Once signed by the returning officer, a nomination paper is open to inspection by the public, but shall not be photocopied or otherwise reproduced for members of the public.
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:
(12) Subject to subsection (11), every candidate who fails to file a disclosure statement within sixty days after regular polling day, or who files a false disclosure statement, is guilty of an offence.
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:
(6) A candidate who fails to file an affidavit or to return all the candidate's copies of the list of electors within seven days after the date of the election shall forfeit the candidate's deposit refund.
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:
54B It is an offence to obstruct a candidate or a candidate's representative in lawfully campaigning.
54C (1) No landlord or person acting on the landlord's behalf may prohibit a tenant from displaying election advertising posters on the premises leased by the tenant and no condominium corporation or any of its agents may prohibit the owner of a condominium unit from displaying election advertising posters on the premises of that person's unit.
(2) Notwithstanding subsection (1), a landlord, person, condominium corporation or agent referred to in that subsection may set reasonable conditions relating to the size or type of election advertising posters that may be displayed on the premises and may prohibit the display of election advertising posters in common areas of the building in which the premises are found.
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:
72 A candidate may act as official agent.
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:
(5) A candidate may not act as a friend of an elector who is not a child, grandchild, brother, sister, parent, grandparent, husband or wife of the candidate.
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:
(3) Any elector who expects to be unable to vote on ordinary polling day may vote at an advance poll.
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:
(1A) The poll books shall be open for inspection for twenty-one days after ordinary polling day, but shall not be photocopied or otherwise reproduced for members of the public.
41 Chapter 300 is further amended by adding immediately after Section 146 the following Section:
146A (1) A council may by by-law authorize voters to vote by mail or another voting method.
(2) The by-law referred to in subsection (1) shall provide for the system of voting for any election that occurs after the date stated in the by-law or the date the by-law takes effect, including
(a) the notification of electors;
(b) the form of the ballots;
(c) the swearing in and voting on election day;
(d) the method of counting the ballots or votes; and
(e) the rejection of ballots or votes.
(3) The by-law may provide for
(a) the contents of voters kits;
(b) the places where voting can occur or ballots can be delivered instead of mailing, if applicable;
(c) the process for sorting, storing or cataloguing any ballots received;
(d) any matter or thing necessary to effectively conduct the election.
(4) Not fewer than sixty days before ordinary polling day, the returning officer shall establish procedures and forms for the conduct of voting in accordance with the by-law and provide a copy of the procedures and forms to each candidate for election.
(5) Where a by-law under this Section is in effect, the provisions of this Act respecting the matters dealt with by the by-law apply only if the by-law so specifies.
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:
167 (1) The Minister may make regulations
(a) prescribing forms and procedures for the purpose of this Act;
(b) respecting the costs to be paid by schools boards to municipalities for administering school board elections;
(c) defining any word or expression used but not defined in this Act;
(d) deemed necessary or advisable to carry out effectively the intent and purpose of this Act.
(2) The exercise by the Minister of the authority contained in subsection (1) is regulations within the meaning of the Regulations Act.
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:
(2A) For greater certainty, an entitled person who votes in an election for either the Conseil acadien or for another school board may vote for either the Conseil acadien or for another school board in a special election that follows the election.
(2) Clause 13(3)(c) of Chapter 1 is repealed and the following clause substituted:
(c) a person applying to vote in an election for the Conseil acadien shall not be required to take an oath or make an affirmation attesting to that person's status as an entitled person but shall be required to confirm the person's status as an entitled person as defined in the Education Act and, where a person wishes to provide the confirmation, the person may provide the confirmation by requesting the ballot to vote for the Conseil acadien and that request constitutes the confirmation;
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:
(8) A statement signed pursuant to clause (5)(b) in good faith and stating that the person is an African Nova Scotian elector or a confirmation provided pursuant to clause (5)(c) in good faith confirming that the person is an African Nova Scotian elector is conclusive evidence that that person is an African Nova Scotian elector, if that person is qualified to vote in an election of a school board.
(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:
(11) For greater certainty, a qualified African Nova Scotian elector, who votes in an election for either a candidate for election as the African Nova Scotian member of the school board or a candidate for election to the school board other than as the African Nova Scotian member of the school board, may vote for either candidate in a special election that follows the election.
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:
49 (1) In this Section, "election" includes a special election.
(2) A voter shall cast only one vote for the election of a member of a school board at an election.
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:
(6) Any councillor or employee of a municipality who discloses any report submitted to, or details of matters discussed at, a private meeting of the council or committee, as a result of which the municipality has lost financially or the councillor or employee of a municipality has gained financially, is liable in damages to the municipality for the amount of the loss or gain.
(7) Subsection (6) does not apply to information disclosed pursuant to subsection (4) or subsection 473(2).
51 Chapter 18 is further amended by adding immediately after Section 51 the following Section:
51A Where a municipality holds land that is of insufficient size or dimensions to be capable of any reasonable use, in the opinion of the council, all or part of the land may be sold to the owner of any lot abutting that land and may be consolidated with such lot and, notwithstanding Section 51, the sale price of the land so sold may be set by council at a price that is less than market value at the time of the sale.
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;
(aa) to a municipality;
54 Chapter 18 is further amended by adding immediately after Section 139 the following Section:
139A (1) The treasurer may apply to a court of competent jurisdiction for
(a) an order that there are arrears of taxes respecting a property proposed to be sold for taxes that would allow the sale;
(b) an order prescribing that upon the sale the tax deed will convey all outstanding interests in the property, or subject to such interests in the property, or subject to such interests as the court may specify; and
(c) directions respecting the manner in which notice may be provided, the persons to be notified and such other matters respecting the carrying out of the sale as the court deems appropriate.
(2) The court may require that persons appearing to have an interest in the property other than the assessed owners be notified of the tax sale.
(3) The court may require that any person appearing to have an interest in the property, whether that person is assessed for that interest or not, be given an opportunity to appear on the application.
(4) A tax sale conducted pursuant to an order obtained under this Section is not open to challenge on any grounds and a tax deed of the property so sold conveys a fee simple interest in the property sold, free and discharged of all encumbrances, charges and liens, except any right to redeem pursuant to Section 152, and subject to the exceptions in subsection 156(3) and any exceptions, exclusions or partial interests set out in the order of the court.
55 Section 143 of Chapter 18 is amended by adding immediately after subsection (4) the following subsection:
(5) Subsections 142(2) and (3) apply to the advertising referred to in subsection (4).
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 and tenants 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:
(o) regulate or prohibit development within a specified distance of a watercourse or a municipal water-supply wellhead;
59 Subsection 227(3) of Chapter 18 is amended by adding immediately after clause (a) the following clause:
(aa) identify if the variance provisions are to apply to the development agreement;
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:
(ea) the notification area;
(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:
(2A) Notwithstanding subsection (2), council may require a larger notification distance for site-plan approvals in its land-use by-law where the municipal planning strategy so provides.
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:
(f) resulting from the disposal, by a municipality, of a street or part of a street or a former street or part of a former street, including the consolidation of a street or part of a street or a former street or part of a former street with adjacent land;
(fa) resulting from the disposal of a trail or part of a trail, including the consolidation of a trail or part of a trail with adjacent land;
69 Chapter 18 is further amended by adding immediately after Section 268 the following Section:
268A (1) Two or more lots that are and have been in common ownership and used together since April 15, 1987, or earlier are deemed to be consolidated if the owner or the owner's agent registers a statutory declaration in the appropriate registry of deeds or records a statutory declaration in the land registration office stating that the lots were in common ownership and used together on or before April 15, 1987, and have continued to be so owned and used, and including the facts that support the statement, the present descriptions of the lots including any property identifiers assigned by Service Nova Scotia and Municipal Relations and the description of the consolidated single lot.
(2) Registration or recording of the statutory declaration referred to in subsection (1) is deemed to consolidate the lots as of the date of registration or recording.
(3) Subdivision approval of the consolidation is not required.
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:
(6) 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, implement the municipal planning strategy or, with respect to the regulations concerning instruments of subdivision, do not provide for instruments of subdivision.
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:
281A Where a subdivision plan shows a remainder lot that is made up of the remainder of two or more underlying lots that have not been consolidated, the underlying lots are deemed to be consolidated before approval of the subdivision plan unless the application and plan indicate that they are not and if
(a) subsection 282(1) is complied with; and
(b) the remainder lot is ten hectares or less in area, the subdivision plan includes a survey of the entirety of the remainder lot,
in which case, the development officer shall register the deeds respecting the remainder lot, if any, with the approved plan.
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:
(ba) a representative of any municipality to which the area of the town, if dissolved, might be annexed or form part of;
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:
(ea) a record of each representation made on behalf of a municipality to the review officer in the course of a review pursuant to Section 487 and all material prepared for the purpose of making the representation;
84 Chapter 18 is further amended by adding immediately after Section 464 the following Section:
464A (1) Where there is a conflict between this Part and any other enactment and the other enactment restricts or prohibits access by any person to a record, this Part prevails over the other enactment unless subsection (2) or the other enactment states that the other enactment prevails over this Part.
(2) The following enactments that restrict or prohibit access by any person to a record prevail over this Part:
(a) Section 19 of the Consumer Reporting Act;
(b) Section 51 of the Corporation Capital Tax Act;
(c) Section 7 of the Emergency "911" Act;
(d) Section 19 of the Forests Act;
(e) Section 126 of the Health Act;
(f) Section 71 of the Hospitals Act;
(g) subsection 9(7) of the Juries Act;
(h) Section 28 of the Labour Standards Code;
(i) Section 32 of the Maintenance Enforcement Act;
(j) subsection 87(2) and Sections 150 and 175 of the Mineral Resources Act;
(k) subsection 98(6) of the Motor Vehicle Act;
(l) Sections 53, 61 and 62 of the Occupational Health and Safety Act;
(m) subsection 11(3) of the Pension Benefits Act;
(n) Sections 72 and 100 of the Petroleum Resources Regulations made pursuant to the Petroleum Resources Act;
(o) subsection 21(4) of the Primary Forest Products Marketing Act;
(p) Section 48 of the Public Trustee Act;
(q) Section 9 of the Statistics Act;
(r) subsection 9(3) of the Procedure Regulations made pursuant to the Trade Union Act;
(s) subsection 37(8) and Section 45 of the Vital Statistics Act;
(t) Sections 23 and 24 of the Young Persons' Summary Proceedings Act.
(3) The Governor in Council may, by regulation, amend subsection (2) by
(a) adding to that subsection a reference to an enactment;
(b) deleting a reference to an enactment from that subsection.
(4) Notwithstanding anything contained in this Act, the provisions in the Vital Statistics Act relating to
(a) rights of access to personal information, including the right to request a search of personal information;
(b) remedial rights relating to the rights described in clause (a);
(c) correction of personal information; and
(d) procedures relating to the matters referred to in clauses (a) to (c), including the payment of fees and the searching of and obtaining access to personal information,
apply in place of the provisions in this Act respecting the matters in clauses (a) to (d).
(5) Notwithstanding anything contained in this Act, Section 71 of the Hospitals Act, and any regulations made in respect of Section 71, relating to
(a) rights of access to personal information;
(b) remedial rights relating to the rights described in clause (a); and
(c) procedures relating to the matters referred to in clauses (a) and (b), including the payment of fees and the searching of and obtaining access to personal information,
apply in place of the provisions in this Part respecting the matters in clauses (a) to (c).
85 Section 465 of Chapter 18 is amended by adding immediately after subsection (2) the following subsections:
(2A) Subject to subsection (2B), notwithstanding anything contained in this Part, where the record is an executed contract
(a) in which provision is made for the municipality to make a substantial transfer of risk to a person, including risk related to the operation or financing, or both, of government activities; and
(b) that is, or is in a class of contracts that is designated, before or within ninety days of the execution of the contract by the legal decision-making authority by which the municipality acts,
the right of access extends to any information in the contract that, but for this subsection, would be exempted from disclosure pursuant to this Part.
(2B) Subsection (2A) does not apply in respect of any information in the contract, to which that subsection refers,
(a) respecting trade secrets;
(b) respecting the financial and business information of the persons to whom that subsection refers; and
(c) the disclosure of which may reasonably be expected to endanger the safety or health of the public, a person or a group of persons.
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:
479A The responsible officer may refuse to disclose
(a) any information of any kind obtained by a conciliation board, conciliation officer or mediator appointed pursuant to the Civil Service Collective Bargaining Act, the Corrections Act, the Highway Workers Collective Bargaining Act, the Teachers' Collective Bargaining Act or the Trade Union Act or by an employee of the Department of Environment and Labour or an employee, appointee or member of the Civil Service Employee Relations Board, the Correctional Facilities Employee Relations Board, the Highway Workers Employee Relations Board or the Labour Relations Board for the purpose of any of those Acts or in the course of carrying out duties under any of those Acts;
(b) any report of a conciliation board or conciliation officer appointed pursuant to any of those Acts;
(c) any testimony or proceedings before a conciliation board appointed pursuant to any of those Acts.
90 (1) Section 482 of Chapter 18 is amended by adding immediately after subsection (1) the following subsection:
(1A) Notwithstanding subsection (1), that subsection does not apply if
(a) the responsible officer decides, after examining the request, any relevant records and the views or interests of the third party respecting the disclosure requested, to refuse to disclose the record; or
(b) where the regulations so provide, it is not practical to give notice pursuant to that 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:
(3A) For greater certainty, the time limited by subsection 467(2) for responding to a request for access to a record is not extended by reason only that a notice is given to an applicant pursuant to subsection (2), but that time may be extended pursuant to Section 469.
(3B) In complying with subsections (1) and (2), the municipality shall not
(a) disclose the name of the applicant to the third party without the consent of the applicant; or
(b) disclose the name of the third party to the applicant without the consent of the third party.
(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:
(4) A person who makes a request pursuant to subsection (1) shall, before the review is undertaken, pay the fee prescribed by regulation.
(5) Subsection (4) does not apply where the review relates to access to or a correction of personal information of the applicant.
(6) A regulation prescribing the fee referred to in subsection (4) may be made retroactive to April 4, 2002.
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:
(d) any other person the review officer considers appropriate.
(2) Section 490 of Chapter 18 is further amended by adding immediately after subsection (2) the following subsection:
(2A) Where, pursuant to clause (2)(d), the review officer considers that a person is an appropriate person to make representations in the course of a review of a decision of the responsible officer of a municipality, then, notwithstanding anything contained in this Act, that person
(a) is entitled to
(i) a copy of the report of the review officer pursuant to Section 492,
(ii) appeal the decision of the responsible officer pursuant to Section 494, and
(iii) written notice of an appeal under subsection 494(2); and
(b) is party to the appeal to which the notice of appeal referred to in subclause (a)(iii) relates.
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:
(2) A municipality shall comply with a requirement imposed by the review officer pursuant to clause (1)(a) within such time as is prescribed by the regulations.
(3) Where a municipality does not comply with a requirement imposed by the review officer pursuant to clause (1)(a) within the time limited for so doing by subsection (2), a judge of the Supreme Court of Nova Scotia may, on the application of the review officer, order the municipality to do so.
(4) In an application made pursuant to subsection (3), a judge may give such directions as the judge thinks fit, including ordering which persons shall be parties to the application, which persons shall be given notice of the application and the manner in which such notice shall be given.
(5) An order made pursuant to subsection (3) may contain such provisions and such terms and conditions as the judge thinks fit.
94 (1) Section 494 of Chapter 18 is amended by adding immediately after subsection (1) the following subsections:
(1A) An appeal is deemed not to have been taken pursuant to this Section unless a notice of appeal is given to the Minister of Justice by the person taking the appeal.
(1B) Where a notice of appeal is given pursuant to subsection (1A), the Minister of Justice may become a party to the appeal by filing with the prothonotary of the Supreme Court of Nova Scotia a notice stating that the Minister of Justice is a party to the appeal.
(2) Section 494 of Chapter 18 is further amended by adding immediately after subsection (5) the following subsection:
(6) Where the responsible officer decides to give access to a record or a part of a record after the review officer files a report setting out the review officer's recommendations respecting the matter, the responsible officer shall not give access until the time limited for a third party taking an appeal from the decision to the Supreme Court of Nova Scotia expires and
(a) no appeal has been taken by a third party from the decision within the time limited for so doing; or
(b) where an appeal has been taken within that time by a third party, it has subsequently been abandoned or withdrawn,
but, where an appeal is taken by a third party, the responsible officer shall not give access until either the decision of the responsible officer is upheld by an order of the Supreme Court and the order becomes final by lapse of time or the decision of the responsible officer is upheld by the highest authority to which any further appeal or appeals are taken.
95 Section 500 of Chapter 18 is amended by adding immediately after subsection (1) the following subsection:
(1A) Every person who knowingly alters a record that is subject to a request in order to mislead the person who made the request is guilty of an offence and liable on summary conviction to a fine of not more than two thousand dollars or to imprisonment for six months, or both.
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) "Minister" means the Minister of Service Nova Scotia and Municipal Relations;
(e) "municipality" means a regional municipality, town or county or district municipality;
(d) striking out clause (g) and substituting the following clause:
(g) "Provincial property" means property of Her Majesty in right of the Province that is assessed pursuant to the Assessment Act, excluding
(i) public hospitals and other health care facilities,
(ii) educational institutions,
(iii) facilities for the permanent display of art and cultural and historical information and artifacts including historical sites,
(iv) water and sewerage systems other than on-site systems,
(v) any other property of Her Majesty in right of the Province that would be exempt from taxation even if it were not property of Her Majesty, and
(vi) property of any agency, authority, board, commission or Crown Corporation of the Province that is not occupied by a department of the public service;
(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:
(l) "village" means a village as defined in the Municipal Government Act;
(m) "year" means the fiscal year of a municipality as defined in the Municipal Government Act.
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:
(4) A claim for a grant pursuant to subsection (3) shall be submitted by a municipality, village or service commission in the same fiscal year as that for which the taxes were levied.
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:
(1) The uniform assessment of a municipality is equal to the taxable assessment of the municipality plus the capitalized value of payments made to the municipality in lieu of taxes and payments made to a municipality by a utility with respect to taxes, but does not include the building, pump stations, deep well pumps, main transmission lines, distribution lines, meters and associated plant and equipment of a municipal water utility.
(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.