- Updated to: January 16,
2017 -
(Includes Amendments Assented to
December 15, 2016)
(Click
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Act)
CHAPTER M-13
MUNICIPALITIES ACT
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PART I
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INTERPRETATION AND
APPLICATION
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Definitions
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1. In this Act |
administrator
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(a) "administrator" means the
administrator of a municipality;
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bylaw
enforcement officer |
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(a.1) "bylaw enforcement
officer" means a bylaw enforcement officer appointed under section 29.1; |
community
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(b) "community"
means an area incorporated as a community under section 8 or 9 and includes the villages
and communities set out in Schedule 1;
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council
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(c) "council" means
the council of a municipality;
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Minister
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(d) "Minister" means
the Minister of Communities, Land and Environment;
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municipal
offence ticket |
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(d.1) "municipal offence
ticket" means a ticket that may be issued, pursuant to a bylaw made under
subsection 58.1(2), in respect of an offence against a bylaw; |
municipality
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(e) "municipality"
means, in accordance with the context, either an area incorporated as a town or community
under this Act, including the areas specified in Schedule 1, or the corporation into which
the residents of the area have been incorporated as a municipality; and, for
the purposes of sections 9 and 10, includes the Cities of Charlottetown and
Summerside and the Towns of Stratford and Cornwall;
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ordinarily resident
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(e.1) "ordinarily resident"
has the same meaning as in the Election Act R.S.P.E.I. 1988, Cap.
E-1.1;
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resident
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(f) "resident"
means a person who has attained the age of eighteen years and is ordinarily resident
within the boundaries of a municipality;
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town
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(g) "town" means an area
incorporated as a town under section 8 or 9 and includes the towns set out
in Schedule 1.
1983,c.33,s.1; 1993,c.29,s.4; 1997,c.20,s.3, 2000.c.5,s.3; 2006;c.13.s.1;
2009,c.73,s.2, 2010,c.31,s.3; 2012,c.17.s.2; 2015,c.28,s.3; 2016,c.45,s.1.
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Application
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2. This
Act applies to all municipalities.
1983,c.33,s.2.
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PART II
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CORPORATE STATUS OF MUNICIPALITY
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Corporation
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3. When a
municipality is formed under this Act, the inhabitants of the municipality become a
corporation with the name given the municipality in the order forming it and with the
powers of a corporation set out in section 16 of the Interpretation Act
R.S.P.E.I. 1988, I-8.
1983,c.33,s.3.
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Corporate seal
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4. A
municipality shall have a corporate seal bearing the name of the
municipality and the year of its incorporation.
1983,c.33,s.4.
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PART III
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NEW MUNICIPALITIES
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FORMATION
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Who may
propose new municipality
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5.
(1) A proposal to establish a new municipality may be initiated by
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(a) the Minister; or |
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(b) residents of an area, by means of a petition signed by at least
twenty-five of those residents. |
Contents of proposal
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(2) A proposal for the establishment of a new municipality made under clause
(1)(b) shall be consistent with the principles, standards and other criteria
set out in the regulations with respect to the establishment of a new
municipality, and shall include |
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(a) the reasons in support of the establishment of the proposed
municipality; |
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(b) in general terms, the geographical boundaries of the proposed
municipality; |
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(c) whether the municipality is to be established as a town or community;
and |
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(d) the services to be
provided by the proposed municipality.
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Submission to Minister |
(3) A proposal made under clause (1)(b) shall be sent to the Minister in the
form approved by the Minister. |
Ministerial review |
(4) The Minister shall review a proposal made under clause (1)(b) and may
request additional information to ensure its completeness. |
Public meeting |
(5) Where the Minister proposes to establish a new municipality under clause
(1)(a), or the Minister is satisfied that a proposal made under clause
(1)(b) is complete and complies with the regulations made under subsection
(6), the Minister shall call a public meeting of the residents of the area
to discuss the matters contained in the proposal. |
Principles, etc. in regulations |
(6) The Lieutenant Governor in Council may make
regulations respecting principles, standards and other criteria that shall
be considered in respect of a proposal to establish a new municipality under
this Part.
1983, c.33, s.5; 2016,c.45,s.2. |
Notice
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6. Notice of
the public meeting shall be published in the Gazette and on at least two occasions in a
newspaper circulating in the area indicating
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(a) in general terms, the content
of the petition; |
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(b) the date, time and place of the meeting which shall be held
not less than fourteen days after the date of publication of the first notice in a
newspaper; and |
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(c) that residents of the
area are invited to attend and make representations concerning the petition.
1983,c.33,s.6.
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Further studies
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7. Before
making any recommendation with respect to any proposal, the Minister may conduct
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(a) a plebiscite of the residents
of the area in accordance with the regulations; |
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(b) a feasibility study.
1983,c. 33,s.7;
2016,c.45.s.3.
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Order for incorporation of municipality
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8. (1) After
consideration of the petition and the recommendation of the Minister, the Lieutenant
Governor in Council may, by order published in the Gazette, incorporate the inhabitants of
an area as a municipality.
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Idem
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(2) An order
under subsection (1) may
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(a) prescribe the name and
boundaries of the municipality; |
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(b) designate the status of a municipality as a town or
community; |
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(c) prescribe the services that may be provided by the
municipality; |
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(d) appoint an interim council to hold office until the first
elections are held; |
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(e) prescribe the effective date of the order; |
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(f) do any other things
that are considered necessary to make the order effective.
1983,c.33,s.8.
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RESORT MUNICIPALITIES
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Definitions
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8.1 (1) In
this section
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(a) "resort
area" means an area in which
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(i) tourism is the most important
industry, |
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(ii) many of the business enterprises are operated on a seasonal
basis, |
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(iii) many of the residents are seasonal residents;
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(b) "temporary
resident" means a landowner in a resort area who is a seasonal resident or the
operator of a business enterprise in the area or a farmer who lives outside the area but
owns and farms land in the area.
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Petition in respect of resort
area
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(2)
Where the Lieutenant Governor in Council determines an area to be a
resort area, the Minister may, on receipt of a petition under section 5 signed by at least
thirty persons of whom
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(a) at least
fifteen are residents of the area; |
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(b) at least fifteen are temporary residents,
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call a public meeting of the
residents and temporary residents of the area to discuss the matters
contained in the petition and to determine if there is public support therefor. |
Incorporation of resort municipality
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(3) After
consideration of the petition and the recommendation of the Minister, the Lieutenant
Governor in Council may, by order published in the Gazette, incorporate the inhabitants of
the area as a resort municipality.
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Application of Act
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(4)
The provisions of this Act apply to a resort municipality with the
following modifications:
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(a) section 7 does not apply; |
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(b) any reference to "resident" includes a
"temporary resident" and any qualifying period applicable to a resident does not
apply to a temporary resident; |
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(c) the reference in subsection 15(5) to
the third Monday of November shall be deemed to be a reference to September
1; |
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(d) the reference
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(i) in clause
48(1)(a) to the first Monday in November shall be deemed to be a reference to the second
Monday in August, |
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(ii) in subsection 55(2) to March shall be deemed to be a
reference to August;
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(e) a temporary
resident who is elected to office in a resort municipality shall be a resident of Prince
Edward Island and is disqualified to hold office in any other municipality.
1990,c.36,s.1 {eff.}
June 16/90; 1991,c.27,s.1; 1992,c.49,s.1; 2006,c.24,s.2.
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PART IV
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CHANGE OF STATUS,
CORRECTIONS, ADJUSTMENTS,
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DISSOLUTIONS AND
AMALGAMATIONS
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Application for change of status, corrections,
adjustments, dissolution or amalgamation
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9. (1) After
the passage of a council resolution and receipt by the Minister of an application from the
municipalities affected, the Lieutenant Governor in Council may by order published in the
Gazette
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(a) change the status of a
municipality from community to town or from town to community; |
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(b) correct an error in the description of, or resolve any doubt
concerning, a municipal boundary line; |
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(c) dissolve a municipality; |
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(d) adjust a mutual boundary line; |
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(e) reduce the boundaries of a municipality; |
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(f) amalgamate two or more municipalities to form one
municipality; |
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(g) change the name of a municipality.
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Content of application
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(2) The
application referred to in subsection (1) shall include
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(a) a copy of the council
resolution; |
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(b) a statement indicating the reasons for the request and the
financial implications; |
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(c) any other information the Minister may request.
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Content of order
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(3) An
order under subsection (1) may
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(a) prescribe the new boundaries
of the municipality; |
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(b) provide for the disposition of the assets and liabilities; |
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(c) do any other things
that are considered necessary to make the order effective.
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Application to certain municipalities
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(4) Notwithstanding clause 1(e) clauses 9(1)(b) to (f) and subsections 9(2) and (3) apply to
the City of Charlottetown, City of Summerside and the Towns of Stratford and
Cornwall.
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Principles to
be considered |
(5) The Lieutenant
Governor in Council may make regulations respecting principles, standards
and other criteria that shall be taken into account in considering the
amalgamation of municipalities under this Part, including but not limited to
population and assessment thresholds. 1983, c.33,
s.9; 1994, c.41, s.1 {eff.} March 31/95; 2016,c.45,s.4. |
Special commissioner
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10. (1) Where a council has become inoperative or in the opinion of the Minister functions in a
manner contrary to the best interests of the residents, the Lieutenant Governor in Council
may by order dismiss the council and appoint a special commissioner to carry on the
administration of the municipality on an interim basis and arrange for the election of a
new council.
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Application to certain municipalities
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(2) For greater
certainty, subsection (1) applies to the City of Charlottetown, City of
Summerside and the Towns of Stratford and Cornwall.
1983,c.33,s.10;
1994,c.41,s.2 {eff.} March 31/95; 2016,c.45.s.5.
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Powers of Minister
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10.1 (1) Notwithstanding section 10, where a municipality fails or neglects to
hold an election in accordance with the procedures in this Act, the Minister may
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(a) conduct a
survey of residents to determine if they wish to continue to have municipal status; |
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(b) act in the place of the council for the purpose of holding an
election.
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Dissolution
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(2) Where
a survey conducted pursuant to subsection (1) shows that a majority of the residents
surveyed no longer wish to have municipal status, the Lieutenant Governor in Council may,
by order published in the Gazette, dissolve the municipality.
1991,c.27,s.2.
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Bylaws
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10.2 Where a
municipality or municipally unincorporated area has been or will be affected by an order
made pursuant to the powers conferred by subsection 9(1), the bylaws pertaining to the
municipality or area shall, unless earlier revoked or replaced by the new municipality,
remain in effect for a period of up to three years and shall be deemed to have been made
by the council of the new municipality.
1994,c.41,s.3 {eff.}. March 31/95.
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Application of Parts IV and V
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11. Part IV
and this Part apply to
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(a) a municipality as
defined in section 1; and |
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(b) the City of Charlottetown and the City of Summerside,
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and for the purposes of those
Parts references to "municipality" shall be deemed to include reference to the
areas mentioned in clause (b).
1983,c.33,s.11; 1994,c.59,s.75.
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Annexation of area having no municipal
government
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12. (1) Where a municipality wishes to extend its boundaries to include an area for which no
municipal government is provided under this Act, it may apply to the Minister for approval
of the annexation of that area.
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Notice of proposed annexation
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(1.1) No
application shall be made under subsection (1) unless, at least four weeks prior to the
date on which the council proposes to adopt the resolution extending the boundaries of the
municipality, the council causes a written notice to be sent to the residents of the area
to be annexed, together with
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(a) a copy of the proposed
resolution; |
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(b) a map illustrating the area to be annexed identifying the
relevant properties by parcel number; |
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(c) a statement of the reasons for the extension; |
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(d) a statement of the municipal services to be provided in the
annexed area; |
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(e) a statement of the financial implications with respect to
real property tax and rates for municipal services.
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Exception
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(1.2) Where
an application is made under subsection (1) the council shall
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(a) in addition to the written notice required under subsection (1.1),
publish, on at least two occasions in a newspaper circulating in the area, a
notice that includes |
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(i) in general terms, the nature of the proposed annexation, |
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(ii) a map illustrating the proposed boundaries
and indicating the
area to be annexed, and |
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(iii) the hours and location at which information on the proposed annexation
will be available to the public for inspection; and |
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(b) prepare an information package for inspection by the public pursuant to
subclause (a)(iii) that includes |
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(i) a copy of the proposed
resolution to annex the area, |
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(ii) a map illustrating the area to be annexed identifying the relevant
properties by parcel number, |
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(iii) a statement of the reasons for the annexation, |
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(iv) a statement of the municipal services to be provided in the annexed
area, and |
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(v) a statement of the financial implications with respect to real property
tax and rates for municipal services; |
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(c) and send an electronic version of the information package to government
for publishing on the government website and sharing through government
social media channels. |
Notice period
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(2) Not less than four weeks following the sending of
the written notice required under subsection (1.1) or the first notice
required to be published under subsection (1.2), the council may, by
resolution, determine to apply to the Minister for approval of the proposed
annexation.
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Application
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(3) An
application shall be made in the form approved by the Minister and shall set
out
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(a) in general terms, the
geographical boundaries of the area to be annexed; |
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(b) the reasons in favour of the proposed annexation; and |
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(c) the
services to be provided and the level of municipal taxation to be applied to
residents of the annexed area.
1983,c.33,s.12; 1995,c.32,s.7.
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Regulations
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(4) The
Lieutenant Governor in Council may, by regulation, establish principles,
standards and other criteria that shall be considered in respect of a
request for an annexation under this section, including but not limited to
population and assessment thresholds. 1983, c.33,
s.12; 1995,c.32, s.7; 2016,c.45,s.6.
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Public hearing
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13. (1) On
receipt of an application, the Minister shall direct the Island Regulatory and Appeals
Commission to conduct a public hearing in or near the area to be annexed for the purpose
of reviewing the application.
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Notice
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(2) Notice
of the public hearing shall be published in the Gazette and on at least two occasions in a
newspaper circulating in the area, indicating
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(a) in general terms, the content
of the application; |
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(b) the date, time and place of the meeting which shall be held
not less than fourteen days after the date of publication of the first notice in a
newspaper; |
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(c) that residents of the municipality and the area to be annexed
and any persons affected by the application are invited to attend and make representations
concerning the application.
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Procedure
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(3) The
Commission shall determine all matters of procedure at the public meeting.
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Recommendation of Commission
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(4) The Commission shall
review the representations made at the public meeting and shall make a
recommendation to the Minister as to whether the proposed annexation is
justified for municipal purposes having regard to
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(a) the future development of the
municipality; |
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(b) administrative convenience; |
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(c) any significant loss of
productive agricultural land; and
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(d) compliance with any
principles, standards or other criteria established pursuant to subsection
12(4). 1983,c.33,s.13;
1991,c.18,s.22 {eff.} Nov. 4/91; 1994,c.41,s.4 {eff.} July
28/94; 2016,c.45,s.7. |
Amalgamation
with annexation |
13.1 (1) Notwithstanding sections 9 and 12, two or more councils may
apply to the Minister for a restructuring of boundaries that includes a
concurrent amalgamation of the municipalities and annexation of
previously unincorporated areas. |
Minister's
discretion |
(2) The Minister may, in the Minister’s
discretion, propose a restructuring of boundaries as set out in
subsection (1) if in the Minister’s opinion the restructuring is
appropriate based on the principles, standards and other criteria set out
in the regulations made pursuant to subsection (3). |
Regulations |
(3) The Lieutenant
Governor in Council may, by regulation, establish principles, standards
and other criteria that shall be considered in respect of a restructuring
undertaken pursuant to subsection (1), including but not limited to
population and assessment thresholds. 2016,c.45,s.8. |
Notice
requirements |
13.2 (1) Where the
Minister or two or more councils propose a restructuring of boundaries
pursuant to section 13.1, the Minister or the councils, as the case may
be, shall |
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(a) publish, on at least two occasions in a newspaper
circulating in the area, a notice that includes |
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(i) in general terms,
the nature of the proposed restructuring, |
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(ii) a map illustrating the
proposed boundaries and indicating anyarea to be annexed, and |
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(iii)
the hours and location at which information on the proposed restructuring
will be available to the public for inspection; |
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(b) prepare an
information package for inspection by the public pursuant to subclause
(a)(iii) providing the following: |
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(i) a map illustrating the proposed
boundaries and indicating any area to be annexed, identifying the annexed
properties by parcel number, |
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(ii) a statement of the reasons for the
restructuring, |
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(iii) a statement of the municipal services to be provided
in the annexed area, and |
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(iv) a statement of the financial
implications with respect to real property tax and rates for municipal
services; and |
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(c) send an electronic version of the information package
to government for publishing on the government website and sharing
through government social media channels. |
Notice period |
(2) In the case of a
restructuring proposed by two or more councils under subsection 13.1(1),
not less than four weeks following the first notice published under
subsection (2), the councils may, by resolution, apply to the Minister
for approval of the proposed restructuring. |
Contents of
application |
(3) An application for
restructuring shall be made in the form approved by the Minister and
shall set out |
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(a) the geographical boundaries of the proposed
municipality; |
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(b) the reasons in favour of the proposed restructuring; |
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(c) the services to be provided and the proposed level of municipal
taxation to be applied; and |
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(d) any other information required under
subsection (4) by the Minister. |
Minister's
review |
(4) The Minister shall review the
application and may request additional information to ensure its
completeness. 2016,c.45,s.8. |
Public hearing |
13.3 (1) On receipt of a completed
application, the Minister shall direct the Island Regulatory and Appeals
Commission to conduct a public hearing in or near the area that is the
subject of the proposed restructuring for the purpose of reviewing the
application. |
Notice of
hearing |
(2) Notice of the public hearing shall be published in the
Gazette and on at least two occasions in a newspaper circulating in the
area, and published on the government website and shared through
government social media channels, and shall state |
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(a) in general
terms, the content of the application; |
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(b) the date, time and place of
the hearing, which shall be held not less than fourteen days after the
date of publication of the first notice in a newspaper; and |
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(c)
that residents of the municipalities and the area to be annexed and any
persons affected by the application are invited to attend and make
representations concerning the application. |
Prcedure |
(3) The Commission shall
determine all matters of procedure at the public hearing. |
Recommendation
of Commission |
(4) The
Commission shall review the representations made at the public hearing
and shall make a recommendation to the Minister as to whether the
proposed restructuring is justified for municipal purposes, having regard
to |
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(a) the future development of the proposed municipality; |
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(b)
administrative convenience; |
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(c) any significant loss of productive
agricultural land; and |
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(d) compliance with any principles, standards or
other criteria established pursuant to subsection 13.1(3).
2016,c.45,s.8. |
Decision
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14. (1) The
Minister shall present an application under section 13 or 13.1, together with the recommendation of the Island
Regulatory and Appeals Commission, to the Lieutenant Governor in Council.
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Order
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(2) The
Lieutenant Governor in Council may, by order published in the Gazette, approve the application
as proposed or with modifications, or reject the application.
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Annexation |
(2.1) Where an application for annexation under
section 12 is approved, the order of the Lieutenant Governor in Council may
provide that the boundaries of the municipality be extended to annex the
area, as proposed or as modified. |
Restructuring |
(2.2) Where an application for restructuring under section 13.1 is approved,
the order of the Lieutenant Governor in Council may |
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(a) prescribe the new boundaries of the
municipality; |
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(b) provide for the disposition of any assets and
liabilities; |
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(c) establish an interim council to hold office for a single term and
provide for the election or appointment of its members; and |
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(d) do any other thing that the Lieutenant Governor in Council considers
necessary to make the order effective. |
Interim council |
(2.3) An interim council established under clause
(2.2)(c) for a restructured municipality may, in accordance with the order
of the Lieutenant Governor in Council, have a greater number of members or a
distribution other than that authorized for that type of municipality in
this Act.
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Planning
matters |
(2.4) Where an annexation or restructuring results in an area or areas of a
municipality that do not have an official plan and bylaw as required by the
Planning Act R.S.P.E.I. 1988, Cap. P-8, the order referred to in subsection
(2.1) may specify |
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(a) whether the municipality or the Minister is
the planning authority for that area or areas; and |
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(b) the time within which an official plan and
bylaw shall be prepared for that area or areas. |
Minister as
planning authority |
(2.5) For greater certainty, where the Minister is the planning authority as
specified in clause (2.4)(a), the regulations made pursuant to subsections
7(1) and 8(1) and section 8.1 of the Planning Act apply in that area or
areas until an official plan and bylaws are prepared for the areas or areas
in accordance with that Act. |
Effect of order
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(3) Where
an order extending the boundaries is made under subsection (2), the annexed area becomes
for all purposes part of the municipality and is subject to all bylaws in force in the
municipality to which it is annexed.
1983,c.33,s.14; 1991,c.18,s.22 {eff.} Nov.
4/91; 1994,c.41,s.4 {eff.} July 28/94; 2016,c.45,s.9.
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PART VI
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THE COUNCIL
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Municipal council
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15. (1) Every municipality shall have a council consisting of
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(a) in the case of a
town, a mayor and six councillors or, where a bylaw establishing wards is
passed pursuant to section 19, a mayor and six or eight councillors; and |
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(b) in the case of a
community, a chairperson and not fewer than three or more than six
councillors, |
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elected in accordance with
this Act.
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Resort municipality
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(1.1) In a
resort municipality at least two of the councillors shall be persons who are not temporary
residents as defined in clause 8.1(1)(b).
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Term of office
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(2) The
term of office of a mayor, chairperson or councillor following the 2014
election, and every subsequent election, is four years and they are eligible for
re-election.
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Governing body
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(3) The
council is the governing body of the municipality.
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Qualifications for councillors
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(4) The
qualifications for nomination and for holding office as a mayor, chairperson or councillor of
a municipality are that the nominee is
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(a) not less than eighteen
years of age; |
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(b) a Canadian citizen; and |
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(c) resident for a period of one year preceding the date of the
nomination.
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Vacation of office on ceasing to be resident
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(4.1) Where a mayor,
chairperson or councillor ceases to be resident in the municipality in which
he holds office, he shall, within thirty days thereof, vacate his office.
|
Absence
|
(4.2) Without prejudice to subsection (4.1), where a mayor, chairperson or councillor is
continuously absent from the municipality for more than three calendar months or is absent
from the regularly scheduled meetings of the council for more than three successive months
without being thereto authorized by a resolution of the council, the council may, except
where such absence is occasioned by illness, declare his office to be vacant.
|
Taking office |
(5) The
council shall take office on the third Monday of November following their
election and shall continue in office until their successors take office.
|
Existing Council
|
(6) Notwithstanding subsection (1), where on November 1, 1983, a community had a council the
composition of which was different from that specified in subsection (1), that council as
so composed may continue to act and shall be deemed for all purposes to be the validly
constituted council of that community until a resolution, approved by the residents at an
annual or special meeting, takes effect to reconstitute the council in accordance with
that subsection. 1983,c.33,s.15; 1990,c.36,s.2 {eff.}
June 16/90; 1994,c.41,s.6; 2006,c.24,s.1; 2006,c.24,s.3; 2009,c.81,s2,3(1);
2016,c.45,s.10.
|
Mayor
|
16. (1) The
mayor or chairperson is the chief executive officer of the council and shall preside at
meetings of the council.
|
Deputy mayor
|
(2) The
mayor or chairperson may appoint a councillor as deputy mayor or vice-chairperson
who shall, during any absence or illness of the mayor or chairperson, exercise
his functions.
1983,c.33,s.17; 1990,c.36,s.3; 2006,c.24,s.1.
|
Remuneration
|
17. The
council may by bylaw provide for payment to the mayor or chairperson and to councillors of
|
|
|
(a) annual salaries in such
amounts as may be specified in the bylaw; and |
|
|
(b) such additional amounts
as may be specified in the bylaw as allowances for expenses incident to the
discharge of their functions.
1983,c.33,s.17; 2006,c.24,s.1.
|
Official acts
|
18. All
agreements, contracts and deeds to which the council is a party and all bylaws made by the
council shall be
|
|
|
(a) sealed with the corporate
seal of the municipality; and |
|
|
(b) signed by the mayor or
chairperson and the administrator.
1983,c.33,s.19; 2006,c.24,s.1.
|
Wards
|
19. The
council may, by bylaw, establish wards for the purposes of municipal elections
and shall file a plan and description of each ward with the Minister.
1983,c.33,s.20.
|
Oaths of office
|
20. The mayor or
chairperson and councillors shall before taking office take an oath of office in
the form prescribed by the regulations.
1983,c.33,s.21; 2006,c.24,s.1.
|
Meetings
|
21. (1) A
council shall hold at least one meeting each year and by resolution fix the date, place
and time of regular meetings and the council may hold special meetings at the call of the
mayor or chairperson and the mayor or chairperson shall call a special meeting when so requested
in writing by not less than half of the councillors for the time being holding office.
|
Quorum
|
(2) The quorum
at any council meeting is
|
|
|
(a) the mayor or chairperson or, in
his absence, the deputy mayor or vice-chairperson; and |
|
|
(b) at least one-half of the councillors then holding office. |
Absence of quorum
|
(3) No
business shall be conducted at any meeting of a council unless a quorum is present.
|
Public attendance
|
(4) Meetings
of a council shall be open to the public.
|
Voting
|
(5) Each
councillor has one vote.
|
Tied vote
|
(6) The mayor
or chairperson shall vote on any matter before council only for the purpose of breaking a
tie.
|
Office declared vacant
|
(7) The office
of mayor, chairperson or councillors shall be declared vacant upon a resolution of council to
that effect if the holder of that office has missed three consecutive meetings of the
council without just cause.
|
Death, resignation, etc.
|
(8) Where a member of
council dies, resigns or becomes disqualified to serve, his seat shall be
deemed to be vacant and shall be so declared by the council.
1983,c.33,s.22; 1987,c.49,s.1;
2006,c.24,s.1.
|
|
COMMITTEES
|
Standing committees
|
22. (1) The
mayor or chairperson may appoint standing committees from among the members of the council
for such purposes as he may determine.
|
Special committees
|
(2) The
council may by resolution appoint special committees, chaired by a council member, for any
particular purpose which shall report to the council on the matters committed to them.
|
Members
|
(3) The
council may appoint residents to serve on the special committees referred to in subsection
(2).
|
Meetings
|
(4) Meetings
of committees may be held behind closed doors.
|
Committee of the whole
|
(5) The
council may by resolution meet as a committee of the whole.
|
Powers
|
(6) Standing
committees, special committees, or committee of the whole may only report and make
recommendations to the council.
|
Decisions to be made by council
|
(7) Subject to section 36,
all decisions affecting the municipality shall be made by the council.
1983,c.33,s.23; 2006,c.24,s.1.
|
Conflict of interest
|
23. Subject
to section 17, no member of council shall derive any profit or financial
advantage from the member’s position as a member of council and, where a
member of council has any pecuniary interest in or is affected by any matter
before the council, the member shall declare the interest, leave the room
where the matter is being discussed and abstain from discussion and voting on
the matter.
1983,c.33,s.24; 2016,c.45,s.11.
|
|
PART VII
|
|
MUNICIPAL ADMINISTRATION
|
|
ADMINISTRATOR
|
Administrator
|
24. (1) Every
council shall appoint an administrator who is not a member of council and who shall be the
chief administrative officer of the council.
|
Dismissal
|
(2) The
council shall not dismiss the administrator except for just cause.
|
Style
|
(3) An
administrator may be styled as the manager or clerk of the municipality.
|
Name, etc. to be notified to Minister
|
(4) The council shall notify
the Minister of the name and business address of the administrator.
1983,c.33,s.25.
|
Staff
|
25.
A council may appoint such other municipal officers as are necessary for the
provision of administrative and other services provided by the municipality.
1983,c.33,s.26.
|
Functions of administrator
|
26. (1) The
administrator shall
|
|
(a) attend all meetings of the
council and record in a book, without note or comment, all resolutions, decisions and
proceedings of the council; |
|
|
(b) keep the minute books, documents and financial records of the
council and maintain a register containing the originals of all bylaws adopted by the
council; |
|
|
(c) be the custodian of the corporate seal of the municipality; |
|
|
(d) notify all members of the council of meetings of the council; |
|
|
(e) collect and receive all money of the municipality; |
|
|
(f) open an account in the name of the municipality in a
chartered bank or other financial institution approved by the council and deposit in that
account all money received by him on account of the municipality; |
|
|
(g) co-sign all cheques of the municipality with the mayor or
chairperson or his designate; |
|
|
(h) as soon as possible after the end of the fiscal year prepare
a detailed statement of the finances of the municipality and submit it, when audited, to
the council; and |
|
|
(i) perform such other duties as the council assigns to him.
|
Delegation
|
(2) The administrator may
delegate a function listed under subsection (1) to any person other than a
member of council.
1983,c.33,s.27; 2006,c.24,s.1;
2016,c.45,s.12.
|
|
AUDITOR
|
Auditor
|
27. (1) Subject to subsection (4), every council shall appoint an auditor who shall audit the
financial statements of the municipality.
|
Qualifications
|
(2) The
auditor shall be a person licensed as a public accountant or licensed to
provide the services of a public accountant under the Chartered
Professional Accountants and Public Accounting Act R.S.P.E.I. 1988, Cap.
C-4.2;
|
Report
|
(3) The
auditor shall make a report to the council on the financial statements of the municipality
and shall state in his report whether, in his opinion, the financial statements referred
to therein present fairly the financial position of the municipality and the results of
its operations during the immediately preceding year, in accordance with generally
accepted accounting principles applied on a basis consistent with that of the previous
year.
|
Dispensing with audit requirements
|
(4) Where
the budgeted expenditures of a community are less than the amount prescribed
in the regulations, the council of the community may, by resolution passed at
the annual meeting, dispense with the requirement for an audit of the
community’s financial statements and instead appoint an auditor to undertake a
review engagement of the financial statements in accordance with subsection
(4.1).
|
Review
engagement
|
(4.1) A review
engagement for the purposes of subsection (4) shall at a minimum examine
|
|
|
(a) the community’s revenues and expenditures; |
|
|
(b) any existing debt; and |
|
|
(c) all capital assets. |
Notice to Minister
|
(5) Where a resolution
referred to in subsection (4) is passed, the administrator of the community
shall so notify the Minister in writing.
1983,c.33,s.28; 2014,c.2,s.90; 2015,c.36,s.39; 2016,c.45,s.13.
|
Copies to Minister
|
28.
The council shall on or before April 1 in each year submit to the Minister
a copy of the financial statements of the municipality, the auditor's
report, the approved budget for the current fiscal year and such other
information as the Minister may require.
1983,c.33,s.29.
|
Appointment by Minister
|
29.
Where a council fails or neglects to appoint an auditor as required by
section 27 the Minister may appoint an auditor for the municipality and the
council shall pay his fees and expenses.
1983,c.33,s.30.
|
|
BYLAW
ENFORCEMENT OFFICERS |
Bylaw
enforcement officers |
29.1 (1) A council of a
municipality may appoint any bylaw enforcement officers it considers
necessary and may define their duties and fix their remuneration. |
Appointment by
several municipalities |
(2) For greater certainty,
a council of a municipality may appoint a person as a bylaw enforcement
officer for that municipality notwithstanding that the person is also a
bylaw enforcement officer for another municipality. |
Reporting |
(3) The bylaw enforcement
officers of a municipality shall be responsible to and report to the
administrator of the municipality.
2006,c.13,s.2 |
|
PART VIII
|
|
MUNICIPAL POWERS
|
Services, existing towns and villages
|
30. The
council of a muncipality may provide
|
|
(a) administration of the
municipality; |
|
|
(b) fire protection and other emergency services; |
|
|
(c) garbage and refuse collection and disposal; |
|
|
(d) street lighting; |
|
|
(e) recreation; |
|
|
(f) drainage; |
|
|
(g) sewerage collection and treatment; |
|
|
(h) sidewalks; |
|
|
(i) roads, streets, parking and the regulation of traffic; |
|
|
(j) police protection and law enforcement; |
|
|
(k) water distribution and purification; |
|
|
(l) parks; |
|
|
(m) community or regional development; |
|
|
(n) tourist development and promotion; |
|
|
(o) industrial or commercial development and promotion; |
|
|
(p) housing development and promotion; |
|
|
(q) land assembly for municipal purposes; |
|
|
(r) local libraries; |
|
|
(s) assistance to community organizations; |
|
|
(t) community development projects; |
|
|
(u) animal control; |
|
|
(v) signage control; |
|
|
(w) building and standards control; |
|
|
(x) regulation of real property maintenance; |
|
|
(y) regulation of business practices; |
|
|
(z) public transportation; |
|
|
(z.1) tree preservation and
protection; |
|
|
(z.2) for the regulation of
dangerous or unsightly properties;
|
|
|
(z.3) for the maintenance of
order in the municipality, and in particular, for the regulation of noise,
loitering, and public nuisances.
1983,c.33,s.31; 1992,c.49,s.2;
1996,c.29,s.1; 2006,c.13,s.3; 2016,c.45,s.14. |
Services, existing community improvement
committees
|
31.
Repealed by 2016,c.45,s.15. 1983,c.33,s.32;
1992,c.49,s.3;1996,c.29,s.1; 2001,c.29,s.3; 2016,c.45,s.15.
|
Services, new municipalities
|
32.
Repealed by 2016,c.45,s.15. 1983,c.33,s.32;
1992,c.49,s.3;1996,c.29,s.1; 2001,c.29,s.3; 2016,c.45,s.15.
|
Expansion of services
|
33. (1)
to (3) Repealed by 2016,c.45,s.15.
1983,c.33,s.32; 1992,c.49,s.3;1996,c.29,s.1; 2001,c.29,s.3; 2016,c.45,s.15.
|
|
PART IX
|
|
MUNICIPAL FINANCE
|
Financial management
|
34.
Subject to section 36, a council is responsible for the financial management
of a municipality and shall determine the rate of municipal taxation
necessary to provide municipal services.
1983,c.33,s.35.
|
Definitions |
34.1
(1) In this section, |
accommodation |
|
(a)
"accommodation" means the provision of lodging in a tourism establishment; |
operator |
|
(b)
"operator" means the operator of a tourism establishment; |
purchase
price |
|
(c)
"purchase price" means the price for which accommodation is purchased,
including the price in money, the value of services rendered and other
consideration accepted by the operator in return for the accommodation
provided, but does not include the goods and services tax; |
tourism
accommodation levy |
|
(d)
"tourism accommodation levy" means the tourism accommodation levy imposed
pursuant to this section; |
tourism
establishment |
|
(e)
"tourism establishment" means a tourism establishment, as defined in the
Tourism Industry Act R.S.P.E.I. 1988, Cap. T-3.3. |
Tourism
accommodation levy |
(2) The
council may impose a levy, to be known as the tourism accommodation levy, on
any person who, for a daily charge, fee or remuneration purchases
accommodation at a tourism establishment in the municipality. |
Rate |
(3) The
tourism accommodation levy shall be at such rate as may be set by the
council. |
Tourism
establishments affected |
(4) The
tourism accommodation levy may be imposed, as the council may determine, on
the purchase of accommodation |
|
(a) at every tourism
establishment in the municipality; or |
|
|
(b) at only those tourism
establishments in the municipality that have the minimum number of rental
units prescribed by bylaw. |
Use of
tourism accommodation levy |
(5) The council shall use
the tourism accommodation levy imposed and collected pursuant to this
section to promote the municipality as a tourist destination. |
Grants |
(6) Without restricting
the generality of subsection (4) and notwithstanding any other enactment,
the council may pay such portion of the tourism accommodation levy collected
by way of a grant as the council considers appropriate to any organization
formed to promote the municipality as a tourist destination, whether such
organization is non-profit or otherwise. |
Operator
deemed to be agent |
(7) Where the tourism
accommodation levy is imposed, pursuant to this section, on the purchase of
accommodation at a tourism establishment in the municipality, the operator
of the tourism establishment is deemed to be an agent of the municipality
for the purpose of collecting the tourism accommodation levy and remitting
it to the municipality, and as such the operator shall, in accordance with
subsection (8), collect the tourism accommodation levy from the purchaser
and remit it to the municipality. |
Collection of
levy |
(8) The tourism
accommodation levy, whether the price is stipulated to be payable in cash,
on terms, by instalments or otherwise, shall be collected at the time of the
purchase on the total amount of the purchase price and shall be remitted to
the municipality at the times and in the manner established by bylaw made
pursuant to subsection (9). |
Bylaw |
(9) The council may make
such bylaws as it considers necessary to implement a tourism accommodation
levy and, without limiting the generality of the foregoing, may pass a bylaw
to |
|
|
(a) determine, pursuant
to subsection (4), which tourism establishments in the municipality are
required to impose and collect the tourism accommodation levy; |
|
|
(b) provide for the forms
and records to be maintained by an operator and the information to be
recorded therein; |
|
|
(c) provide for |
|
|
|
(i) the method of the
collection of the tourism accommodation levy by the municipality and the
remittance of the tourism accommodation levy by an operator, and |
|
|
|
(ii) any other conditions
or requirements affecting the collection and remittance of the tourism
accommodation levy; |
|
|
(d) provide for the rate
of the tourism accommodation levy that is to be collected including, if so
prescribed, a minimum and maximum levy; |
|
|
(e) provide for the
method by which a purchase price may be attributed to accommodations that
are sold as part of a combination of accommodations, meals and specialized
goods or services; |
|
|
(f) provide for the
inspection and audit of records maintained by the operator; |
|
|
(g) provide for the
imposition of interest charges and penalties for the failure by an operator
to collect or remit the levy as required by the bylaw; |
|
|
(h) establish the times
at which, and the manner in which, operators are to remit the tourism
accommodation levy to the municipality.
2006,c.12,s.2;
2013,c.19,s.1; 2016,c.45,s.16. |
Budgets
|
35. The
estimates and budget of a municipality shall be fixed on or before March 31
in each year.
1983,c.33,s.36; 2016,c.45,s.17.
|
Deficit
budgeting |
35.1 The
council shall not project a deficit in its estimates and budget for any
fiscal year in respect of expenditures other than capital expenditures.
2008,c.53,s.1. |
Communities, approval of estimates
|
36. (1) The
council of a community shall prepare annual estimates of all sums required for municipal
services for the fiscal year, which shall be presented at the annual meeting of the
residents.
|
Vote by counsel
|
(2) The
estimates and budget of a municipality shall be voted on by the council at a
meeting of council. 1983, c.33, s.37;
2016,c.45,s.18.
|
Rates
|
37. (1)
Following approval of the estimates for any year by the council, and after
crediting the probable revenue from all sources other than taxes, the
council shall by resolution levy a rate or rates of municipal taxation
sufficient to raise the sum required to defray projected municipal
expenditures for that year.
|
Idem
|
(2) In
addition to the rate or rates of municipal taxation referred to in
subsection (1), a council may levy rates on the basis of user or frontage
charges.
|
Different rates |
(2.1) Where certain municipal services are provided only in certain
districts of the municipality, the council may determine a different rate of
municipal taxation in respect of those districts, and where different rates
are fixed, the council shall, three months prior to the start of the
taxation year in which the different rates are to become effective, notify
the Provincial Tax Commissioner and send the Provincial Tax Commissioner a
copy of the plan designating each tax district. |
Six months' notice |
(2.2) Notwithstanding subsection (2.1), in the case of a change to the
boundaries of a municipality, the council shall provide six months’ notice
to the Provincial Tax Commissioner for the purposes of subsections (2.1) and
(3). |
Notification to Minister
|
(3) The
municipality shall notify the Provincial Tax Commissioner of the rates of
municipal taxation levied under this section.
|
Lien
|
(4) All municipal
rates constitute a lien on the real property on which it is levied until
payment is made, which has priority over every claim, privilege or
encumbrance of every person except the Crown against that property.
1983,c.33,s.38; 1987,c.49,s2;
1993,c.29,s.4; 2010,c.31,s.3; 2015,c.28,s.3; 2016,c.45,s.19.
|
Water and sewerage, corporation
|
38. (1) Where the council of a municipality determines to provide within the municipality sewerage
collection and treatment or water distribution and purification pursuant to clause 30(g)
or (k) it shall make a bylaw
|
|
(a) prescribing the name,
composition and functions of a corporation to construct, manage, maintain and operate the
utility in accordance with the Water and Sewerage Act R.S.P.E.I. 1988, Cap. W-2; |
|
|
(b) requiring the corporation to maintain separate accounts and
to prepare an annual financial statement.
|
Body corporate
|
(2) A
corporation established pursuant to subsection (1) is hereby constituted a body corporate.
|
User rates and frontage charges
|
(3) A
corporation established pursuant to subsection (1) may levy such user rates or frontage
charges as may be approved by the Island Regulatory and Appeals Commission.
|
Lien
|
(4) User
rates or frontage charges levied by a corporation for water or sewerage services
constitute a lien on the real property on which it is levied until payment is made, which
has priority over every claim, privilege or encumbrance of every person except the Crown
against that property, and may be enforced upon application to the Supreme Court for an
order for sale of the property.
1987,c.49,s.3; 1991,c. 18,s.22
|
Maximum frontage upon which rate
may be levied
|
39. Where rates are levied by a municipality or a corporation established pursuant to section
38 for water or sewerage services by means of frontage charges, the maximum frontage of
any parcel of land in respect of which rates may be levied is five hundred feet if the
parcel qualifies for a farm assessment under the Real Property Assessment Act
R.S.P.E.I. 1988, Cap. R-4.
1987,c.49,s.3.
|
Service deemed to be received
|
39.1 For the
purposes of this Act, a person along whose lands run sewer or water mains shall be deemed
to receive services notwithstanding that such sewer or water mains are not physically
connected by lateral lines to any residence, building or other structure situate upon the
said lands of such person.
1989,c.9,s.2 {eff.} Nov. 1/83.
|
Fiscal year
|
40. The
fiscal year of a municipality is from January 1 to December 31.
1983,c.33,s.39.
|
Surplus
|
41. The
council of a municipality shall cause |
|
|
(a) any surplus in the general
fund at the end of a fiscal year to be transferred to the general fund for the next fiscal
year or to a reserve fund; |
|
|
(b) any portion of a
deficit in the general fund at the end of a fiscal year that is not offset
by funds from the reserve fund or other surplus funds to be debited against
the general fund for the next fiscal year.
1983,c.33,s.40.
|
Interim expenditure
|
42.
During the period from the end of a fiscal year until approval of the
estimates for the next fiscal year, the council shall not incur expenditures
except those necessary for the day to day administration of the
municipality.
1983,c.33,s.41.
|
|
BORROWING
|
Loans
|
43. Subject
to section 44, a council may raise money by way of loan or the issue of
debentures for the purpose of providing the services set out in section 30.
1983,c.33,s.42.
|
Capital expenditure
|
44. (1)
Repealed by 2016,c.45,s.20.
|
Borrowing limit
|
(2) No
council may borrow money for capital expenditure if the result of the borrowing would be
to increase the debt of the municipality to an amount in excess of ten per cent of the
current assessed value of real property in the municipality. |
Exceptional circumstances
|
(3) The
amount referred to in subsection (2) may be exceeded in exceptional circumstances with the
approval of the Minister.
|
Interim financing
|
(4) Nothing in this
section precludes a council from borrowing money to be used on an interim
basis to finance current operations.
1983,c.33,s.43;
2016,c.45,s.20.
|
|
RESERVE FUND
|
Reserve
|
45.
A council may by bylaw establish one or more
reserve funds in the name of the municipality for any municipal purpose.
|
Idem |
(2) A council shall specify in its bylaw establishing a reserve fund |
|
|
(a) the purpose for which
the reserve fund is established; and |
|
|
(b) the criteria and
conditions governing withdrawals from the reserve fund.
1983, c.33, s.44; 2016,c.45,s.21.
|
|
SUPERANNUATION SCHEME
|
Superannuation
|
46. The
council of a municipality may, independently or in conjunction with other
municipalities, establish a superannuation scheme for the provision of
pensions to municipal employees.
1983,c.33,s.45.
|
|
PART X
|
|
MUNICIPAL PROCEDURES
|
|
ELECTIONS
|
Qualifications of an elector
|
47. (1) The
qualifications for an elector are that the elector is
|
|
(a) not less than eighteen years
of age; |
|
|
(b) a Canadian citizen; and |
|
|
(c) resident in the municipality for a period of six months
preceding the date of the election.
|
Idem
|
(2) Only
qualified electors may vote in municipal elections.
|
Offence
|
(3) Every
person who votes in a municipal election knowing that he is for any reason not qualified
to do so is guilty of an offence and is liable on summary conviction to a fine not
exceeding $2,000 or imprisonment for a term not exceeding two years, or both.
|
Technical irregularity not to affect validity of
election
|
(4) No election shall be
declared invalid for reason of non-compliance with this Act or as to
the taking of the poll, or the counting of votes or by reason of any want of
qualification of the person signing a nomination paper, or of any mistake in
the use of a form prescribed by regulation if it appears to any tribunal
having cognizance of the question that the election was conducted in
accordance with the principles of this Act and that the non-compliance
or mistake did not affect the result of the election.
1983,c.33,s.46; 1987,c.49,s.4.
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Transitional provision, 1996 elections
|
47.1 (1) to
(2) 2016,c.45,s.22. 1996,c.29,s.2;
2006,c.24,s.1;2016,c.45,s.22.
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COMMUNITY ELECTIONS
|
Election
procedures for communities
|
48. (1) Election procedures for communities shall be as follows:
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(a) on the first Monday
of November, 2014, and on the first Monday of November in every fourth year
thereafter, the electors of a community shall, at a special election meeting
or by election poll elect the chairperson, and then elect the councillors,
of the community; |
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(b) the council shall appoint a returning officer who may be the
administrator.
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Scrutineers
|
(2) After
receiving nominations
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(a) to (c) repealed by 1990,c.36,s.4; |
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the returning officer shall appoint two electors to
act as scrutineers in the election.
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Voting
|
(3) The
vote shall be conducted by secret ballot. |
Wards
|
(4) Where the community is
divided into wards, the election of the councillors of the community shall be by each ward.
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Declaration of eligibility
|
(5) Every
elector before voting, if challenged by a candidate, scrutineer or the returning officer
with respect to eligibility to vote, must declare his eligibility to vote in the form
prescribed by regulation, and if he refuses to do so, shall not be permitted to vote.
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Declaration
|
(6) Upon
completion of the voting, the returning officer in the presence of the two scrutineers
shall open the ballot box and examine the ballot papers and proceed to count the votes and
shall declare the persons having the greatest number of votes elected.
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Resolution of tied vote
|
(7) Where, upon the
counting of the votes, 2 or more candidates for an office have an equal
number of votes and both or all of those candidates cannot be elected, the
returning officer shall immediately
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(a) write the names of those
candidates on separate, identical blank sheets of paper; |
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(b) fold the sheets of paper
in an identical manner so that the names are concealed; |
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(c) deposit them in a
receptacle and withdraw the number of the sheets necessary to elect the
candidates required to be elected; and |
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(d) declare the candidate
whose name appears on the sheet withdrawn, to be elected. |
Return of votes polled
|
(8) The
returning officer shall, after the votes are counted, make up a written statement
containing the following particulars:
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(a) the number of votes polled by
ward; and |
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(b) the names of the persons receiving votes and the number of
votes received by each person.
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Filing
|
(9) The
statement shall be signed by the returning officer and witnessed by the scrutineers and
shall be filed with the minutes of the meeting.
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Sealing ballots
|
(10) The
returning officer shall cause a copy of the statement, together with all ballot papers,
including rejected and unused ballot papers, to be placed in the ballot box, shall seal
the ballot box and shall transmit the ballot box to the administrator who shall retain the
ballot box in his custody for the purposes of a recount.
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Appointment of chairman
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(11) Repealed by
2006,c.24.s.4.
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Recounts
|
(12) Repealed by 1990,c.36,s.4.
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Vacancies
|
(13) Where a vacancy
occurs in the office of a councillor or the chairperson, the administrator
shall
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(a) within sixty days, set a date
for a special election meeting or an election poll for the purpose of electing a person to
fill the vacancy; or |
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(b) determine that the vacancy be filled at the next annual
meeting.
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Procedure
|
(14) A vacancy in the
office of a councillor or the chairperson shall be filled
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(a) by conducting an election
using the procedure set out in this Act for the election of a council at
a special election meeting; or |
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(b) by an election poll.
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Term
|
(15) The
person elected to fill the vacancy shall serve in office for the remainder of the term of
the councillor or chairperson whose office he has been elected to fill.
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Resignation
|
(16) A
councillor or chairperson may resign his office at any time by causing to be delivered to the
administrator a declaration to that effect under his hand and witnessed by at least one
person.
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Vacancy, chairman |
(17) Repealed by
2006,c.24,s.7.
1983,c.33,s.47; 1987,c.49,s.5; 1990,c.36,s.4,
2006,c.24,s.1,s.4; 2009,c.81,s.5(1),(2).
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Special election meeting
|
48.1 (1) A
special election meeting shall be advertised in accordance with subsection 55(3).
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Nominations
|
(2) The
council may receive nominations
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(a) on the prescribed form up to
4:00 p.m. on the nomination day set by the council being a day not more than two weeks
preceding the day of the meeting; or |
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(b) at the special election meeting, from a nominating committee
and from the floor.
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Procedure
|
(3) The
provisions of section 48 apply to the conduct of an election by special election meeting.
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Recounts
|
(4) If
within seven days of the date on which an election is held any candidate requests in
writing a recount of the votes, the administrator shall appoint a time and place to
recount the votes and shall, at the time and place appointed, in the presence of the
chairperson and any candidate who desires to be present, proceed to recount the votes in the
ballot box. 1990,c.36,s.5 {eff.} June 16/90;
2006,c.24,s.1.
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Election poll
|
49. (1) The
council of a community may, instead of conducting elections by means of a special election
meeting pursuant to section 48, determine that elections in that community shall be
conducted by means of an election poll.
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Bylaw
|
(2) Where
a determination is made under subsection (1), the council shall make a bylaw governing the
conduct of an election poll.
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Content of bylaw
|
(3) A
bylaw made under subsection (2) shall prescribe
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(a) the location for the poll; |
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(b) for the filing of nomination papers in the prescribed form
with the administrator before four o'clock on the Monday two weeks before polling
day; |
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(c) for the preparation and publication of a preliminary list of
electors and for the revision of the list; |
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(d) that the poll be advertised in the prescribed form; |
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(e) the appointment of scrutineers; |
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(f) such other matters as the council considers necessary for the
conduct of an election poll.
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Hours of polling
|
(4) The
hours of polling shall be from 9:00 a.m. to 7:00 p.m.
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Recounts
|
(5) Within
seven days of the election poll any candidate may, in writing, demand a recount of votes
cast.
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Fee
|
(6) A
candidate shall at the time of making the demand pay to the administrator the sum of
twenty-five dollars which is not refundable.
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Recount
|
(7) Upon
receiving a demand for a recount, the administrator shall request the chief provincial
court judge to designate a provincial court judge to appoint a time and place to recount
the votes and the judge shall, at the time and place appointed, in the presence of the
candidate or his agent and the administrator, proceed to recount the votes.
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Determination of result
|
(8) The
decision of the judge on the recount is final.
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Application of section 48
|
(9) The
provisions of section 48 apply to the conduct of an election by election poll.
1987,c.49,s.6; 1990,c.36,s.6 {eff.} June 16/90.
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TOWN ELECTIONS
|
Election procedures
|
50. Election
procedures for towns shall be as set out in Schedule 2.
1983,c.33,s.48; 1987,c.49,s.7.
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EXPROPRIATION
|
Acquisition of land
|
51. The
council of a municipality, for the purpose of providing any municipal services
it is authorized to provide under this Act, may acquire land or any
interest in land by purchase, lease, license or expropriation.
1983,c.33,s.49.
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Power to expropriate
|
52. The
council shall first negotiate with the owners and occupiers of the land for
the acquisition of that land by agreement and, if it cannot acquire the land
at an acceptable price by agreement, the council may acquire the land by
expropriation.
1983,c.33,s.50.
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Notice
|
53. (1) The
council shall give notice to the owner and occupier of the land proposed to be
expropriated that the land is required for the municipal purposes specified in the notice.
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Service
|
(2) A notice
under subsection (1) shall include a description of the land and may be served by personal
service or by affixing copies of the notice in a conspicuous place on the land in such
manner that it may be reasonably expected that the notice shall come to the attention of
the owner.
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Effect of notice
|
(3) The notice
shall constitute a submission to arbitration of the question of compensation for the
expropriation in accordance with the Arbitration Act R.S.P.E.I. 1988,
Cap. A-16.
1983,c.33,s.51.
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Arbitration
|
54. (1) The
council and the owner of the land shall each appoint one arbitrator and the arbitrators
shall select an umpire.
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Time of expropriation
|
(2) Upon
payment or tender to the owner of the amount awarded as compensation pursuant to the Arbitration
Act, the land or interest therein is expropriated to the municipality.
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Registration
|
(3) A copy of the award
and a description of the land shall be registered by the administrator in the
registry of deeds for the county in which the land is situated together with a
certificate that the award has been paid to the person entitled thereto.
1983,c.33,s.52.
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ANNUAL COMMUNITY MEETINGS
|
Annual meeting of
communities
|
55. (1) The council of a community shall hold an annual meeting of residents
for the purpose of discussing all matters affecting the community.
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Date
|
(2) The annual
meeting shall be held in March on such day as the council may determine.
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Notice
|
(3) The
administrator shall cause notice of the time, date and place of the annual meeting to be
published on at least two occasions in a newspaper circulating in the community and the
first of such notices shall be published at least seven days before the date fixed for the
meeting.
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Procedure
|
(4) The
chairperson shall preside at the annual meeting and determine all matters of procedure.
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Agenda
|
(5) The
agenda for the annual meeting shall be determined by the council but shall include the
following matters:
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(a) consideration of the
financial statements for the preceding year; |
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(b) the auditor's report; |
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(c) the chairperson's statement; |
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(d) committee reports; |
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(e) other business; |
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(f) repealed by
2016,c.45,s.23; |
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(g) projected tax rates for the year.
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Concerns of
residents
|
(6) At the annual meeting
the chairperson shall allot sufficient time to enable residents to raise and
discuss matters of concern to the community.
1983,c.33,s.53; 1990,c.36,s.7;
2006,c.24,s.1; 2016,c.45,s.23.
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Special meetings
|
56. (1) The
council of a community may hold a special meeting at any time after giving notice in
accordance with section 55 indicating the purpose of the meeting.
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Business
|
(2) No business shall be
considered at a special meeting unless it is relevant to the purpose for
which the meeting is held.
1983,c.33,s.54.
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PART XI
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BYLAWS
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General power
|
57.
(1) A
council may make bylaws that are considered expedient and are not contrary
to this or any other Act or regulations for the peace, order and good
government of the municipality, the provision of municipal services and any
other matter within the jurisdiction of the municipality.
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Bylaws
respecting use of certain pesticides |
(2) The council may make bylaws respecting the application of non-domestic
pesticides for the control of landscape pests, including bylaws that
establish rules for the application of non-domestic pesticides for the
control of landscape pests that are more restrictive than those provided for
in the Pesticides Control Act R.S.P.E.I. 1988, Cap. P-4 and its regulations,
and may prohibit the application of specified non-domestic pesticides for
the control of landscape pests in addition to those prohibited in the
regulations under that Act. |
Idem |
(3) For greater certainty, a council shall
not make a bylaw under subsection (2) that relates to the application of
pesticides |
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(a) for the management of pests that transmit human diseases
or affect agriculture or forestry; |
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(b) on golf courses; |
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(c) to buildings or inside buildings; |
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(d) on land used for agriculture, forestry
or transportation; or |
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(e) on land used for public utilities or pipelines
unless the public utility or pipeline is vested in the municipality. |
Definition |
(4) In subsections (2) and (3), "pest" means a pest as defined in the Pest
Control Products Act (Canada).
1983,c.33,s.55;
2014,c.6,s.2. |
Adoption of codes |
57.1 A council
may, and has always been able to, make bylaws under this Part that |
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(a) adopt by reference, in
whole or in part, and with such changes as the council considers
appropriate, any code or standard made by any recognized technical
organization; and |
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(b) require compliance with
any code or standard so adopted.
2006,c.13,s.5. |
Penalties
|
58. (1)
A bylaw made under this Part may create an offence for the contravention of
a provision of any bylaw and may prescribe penalties not exceeding a fine of
$1,500 for such an offence.
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Continuing
Offence
|
(2) For greater
certainty, a bylaw made under this Part may create an offence for each day
that the contravention of a provision of a bylaw continues.
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Remedies for
breach of bylaw
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(3) A bylaw may be
enforced and the breach thereof may be restrained by application by a
municipality to the Supreme Court and the judge may grant any one or more of
the following remedies:
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(a) a declaration that an act
engaged in or about to be engaged in by a person is or will be a breach of
any bylaw; |
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(b) an injunction restraining
any person from breaching or continuing to breach any such bylaw; |
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(c) an order directing any
person to comply with the requirements of any such bylaw and directing that
compliance be carried out under the supervision of a named person; |
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(d) such other order as the
court or judge may determine.
1988, Cap. S-9. 1983,c.33,s.56; 1987,c.49,s.8;
1993,c.33,s.1 {eff.} Oct. 21/93; 2006,c.13,s.5. |
Prosecution of
offences against bylaws
|
58.1. (1)
An offence against a bylaw shall be prosecuted
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(a) in accordance with the
Summary Proceedings Act R.S.P.E.I. 1988, Cap. S-9; or |
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(b) in the case of an offence
against a bylaw for which a municipal offence ticket may be issued, in
accordance with this section and any bylaw made under subsection (2). |
Municipal
offence ticket bylaws |
(2) Subject to section 58.2, a
council may make bylaws
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(a) authorizing the issuance
of a municipal offence ticket for an offence against a bylaw; |
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(b) authorizing the use of any
word or expression on a municipal offence ticket to designate an offence
against a bylaw; |
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(c) authorizing and providing
for the payment of a penalty out of court for any offence against a bylaw
charged in a municipal offence ticket; and |
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(d) respecting any other
matter relating to the use of a municipal offence ticket. |
Summary
Proceedings Act, application |
(3) The following provisions
of the Summary Proceedings Act, as amended from time to time, apply with the
necessary changes to proceedings to determine if a person has committed an
offence against a municipal bylaw for which a municipal offence ticket may
be issued: |
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(a) sections 3 to 5; |
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(b) section 6.1; |
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(c) section 7; |
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(d) subsections 10(1), (4) to
(9), and (11); |
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(e) sections 11 and 12. |
Modifications |
(4) In applying the provisions
of the Summary Proceedings Act, the following words and expressions
therein have the following meanings: |
enactment |
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(a) "enactment" means, unless
the context indicates otherwise, a bylaw; |
issuing officer
and officer |
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(b) "issuing officer" and
"officer" means a person referred to in subsection (6); |
offence under an
enactment |
|
(c) "offence under an
enactment" means an offence against a bylaw; |
offence under
any provision of an enactment designated by the regulations |
|
(d) "offence under any
provision of an enactment designated by the regulations" means an offence
against a provision of a bylaw that is designated, by a bylaw made under
subsection (2), as an offence in respect of which a municipal offence ticket
may be issued; |
ticket |
|
(e) "ticket" means a municipal
offence ticket; |
word or
expression authorized by the regulations to designate an offence |
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(f) "word or expression
authorized by the regulations to designate an offence" means a word or
expression authorized by a bylaw made under subsection (2) to designate an
offence. |
Form and
contents of ticket |
(5) A municipal offence ticket
shall be issued in the form prescribed by the regulations and shall include
provision for the information, the summons and a record for the person who
issues the ticket. |
Issurance |
(6) Subject to subsection (8),
a bylaw enforcement officer, or any other person having responsibility for
the enforcement of a provision of a bylaw, who has reasonable and probable
grounds to believe and does believe that one or more persons have committed
an offence against a bylaw for which a municipal offence ticket may be
issued, may issue a municipal offence ticket. |
Execution of a
municipal offence ticket information |
(7) Every municipal offence
ticket information shall be signed, and sworn to before a justice of the
peace or a provincial court judge, by the bylaw enforcement officer or other
person who issues the municipal offence ticket. |
Restriction |
(8) A bylaw enforcement
officer may not issue a municipal offence ticket in respect of an offence
against a provision of a bylaw that relates to traffic matters other than
the parking of vehicles. 2006.c.13.s.5 |
Bylaws
enforcement by municipal offence tickets |
58.2 (1) Subject to
subsection (2), a bylaw made under subsection 58.1(2) may authorize the
issuance of a municipal offence ticket for an offence against a bylaw only
if the bylaw relates to |
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(a) animal control; |
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(a) dangerous or unsightly
premises; |
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(c) the parking of vehicles;
or |
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(d) noise or public nuisance
control. |
Traffic bylaws |
(2) Where a municipality has
established a police department, a bylaw made under subsection 58.1(2) may
authorize the issuance of a municipal offence ticket for an offence against
a bylaw that relates to |
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(a) the parking of vehicles;
and |
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(b) any other traffic matters.
1983, c.33, s.56; 1987, c.49, s.8; 1993,c.33, s.1
{eff.} Oct. 21/93;2006,c.13,s.5. |
Procedure |
59. A bylaw
is made if |
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(a) it is read and formally
approved by a majority of the councillors on two occasions at meetings of the council held
on different days; |
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(b) after being read a second time it is formally adopted by
resolution of the council; and |
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(c) it is signed by the
mayor or chairperson and the administrator, and formally declared to be passed,
and sealed with the corporate seal of the municipality.
1983,c.33,s.57; 2006,c.24,s.1.
|
Record of bylaws
|
60. Where a
bylaw is made under section 59
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(a) the minutes of the meeting
shall record the name of the bylaw and the fact that it is passed; |
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(b) a copy of the bylaw bearing the signature of the mayor or
chairperson and the administrator and engrossed with the municipal seal shall be entered in
the register of bylaws retained by the administrator; |
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(c) a copy of the bylaw
certified by the administrator and bearing the municipal seal shall be filed
with the Minister within 21 days of the day on which the bylaw was
passed. 1983,c.33,s.58;
2006,c.24,s.1; 2016,c.45,s.24.
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Bylaws affecting the use of residential property
|
61.
Before making any bylaw that affects the general use and enjoyment of
residential property in the municipality, the council shall give an
opportunity for the expression of opinion by residents by publishing a
notice in a newspaper circulating in the area indicating in general terms
the nature of the proposed bylaw and the date, time and place of the council
meeting at which it will be considered.
1983,c.33,s.59.
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Inspection of register
|
62. The
register of bylaws of each municipality shall be available for public
inspection at the office of the municipality during its business hours.
1983,c.33,s.60.
|
Evidence
|
63. A
copy of any bylaw, written, printed or otherwise reproduced, and under the
seal of the municipality, certified to be a true copy by the administrator
or the mayor or chairperson, shall be received in evidence as proof of its
making and of its contents without further proof in any court nor shall any
further proof be required of the official character of the signatory or his
signature or of the seal of the municipality.
1983,c.33,s.61; 2006,c.24,s.1.
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Specific powers
|
64. Without
prejudice to section 57, a council may make bylaws concerning the services it is
authorized to provide under this Act and where so authorized
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administration
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(a) with respect to matters
of municipal administration and in particular
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(i) prescribing procedure for
meetings of the council, committees, public hearings and annual or special meetings of
residents, |
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(ii) for the management of municipal property, |
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(iii) respecting the appointment, remuneration, benefits and
functions of employees of the municipality, |
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(iv) the duties of municipal officers and staff;
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fire protection
|
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(b) with respect to fire
protection and in particular
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(i) fire prevention programs, |
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(ii) fire protection services and equipment, |
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(iii) the management of municipal fire departments;
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garbage
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(c) with respect to garbage
collection and disposal services and in particular
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(i) disposal sites for garbage
and offensive wastes, |
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(ii) temporary storage, |
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(iii) municipal clean-up programs;
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recreation and parks
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(d) with respect to parks,
recreational lands, sports facilities and municipal recreational programs;
|
drainage
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|
(e) with respect to the
control of surface water flow, storm drainage and the installation and operation of
drainage systems;
|
sewerage
|
|
(f) with respect to the
construction and use of sewerage systems and in particular
|
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(i) controlling discharge into
sewerage systems, |
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(ii) setting standards and requirements for connections to
sewerage systems, |
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(iii) establishing procedures and cost-sharing formulae for sewer
trunk line and lateral line extensions, |
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(iv) setting sewerage user rates, |
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(v) establishing a mandatory maintenance system for septic tanks
and tile fields, entering upon private property for inspection and maintenance purposes,
limiting the liability of the municipality for damage to private property in the course of
inspection and maintenance and setting user rates;
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sidewalks
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(g) with respect to the use of
sidewalks and driveways, providing for cost-sharing of installation and maintenance,
requiring snow clearing, and prohibiting obstruction;
|
water
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|
(h) with respect to the
installation, operation and maintenance of piped water systems, and setting standards and
cost-sharing formulae for connections and extensions;
|
building
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|
(i) with respect to minimum
building and site development standards providing for development agreements pertaining to
site development and servicing;
|
street lights
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|
(j) with respect to the
installation, operation, maintenance and cost-sharing of street lights;
|
fences
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(k) with respect to the
construction of fences and planting of hedges, and establishing height restrictions and
traffic safety sight lines at intersections;
|
unsightly property
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(l) with respect to unsightly properties and in
particular
|
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(i) setting out the
responsibilities of property owners for maintenance of their property and specifying
minimum standards for such maintenance, |
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(ii) prohibiting property owners from allowing or causing trash,
junk, weeds, derelict vehicles and machines and their parts and other waste materials to
accumulate, |
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(iii) requiring action to clean up property and setting out the
responsibilities of property owners, |
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(iv) requiring the repair or removal of dilapidated structures
and setting out the responsibilities of property owners, |
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(v) concerning temporary storage of materials;
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public nuisances
|
|
(m) with respect to the
maintenance of order, in the municipality and in particular for regulating noise,
loitering, public assembly, disturbances and public nuisances, and for setting curfews for
minors;
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animals
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(n) with respect to animals
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(i) regulating the keeping of
animals in residential and commercial zones, |
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(ii) controlling animals wandering at large, |
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(iii) for the prevention of cruelty to animals, |
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(iv) establishing animal pounds and prescribing impoundment fees, |
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(v) regulating the ownership of dogs and prescribing licensing
procedures and fees, |
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(vi) regulating the location, construction and use of private or
commercial kennels, |
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(vii) concerning the functions of an animal control officer;
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business
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(o) with respect to business
activity and in particular
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(i) licensing of taxi cabs, taxi
cab drivers and operators of taxi cab services and prescribing fees for licenses, |
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(ii) regulating business hours, |
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(iii) licensing and controlling certain business activities, |
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(iv) regulating the location and use of coin operated machines, |
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(v) concerning the establishment of business improvement
districts and the levy of rates to finance projects within a business improvement
district to promote business therein;
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traffic
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(p) with respect to the
control and use of vehicles and generally for the purpose of exercising the powers of a
traffic authority under the Highway Traffic Act R.S.P.E.I. 1988, Cap. H-5;
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advertising
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(q) with respect to
advertising and the use, size and location of signs;
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street names
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(r) with respect to the naming of streets and
numbering of buildings;
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firearms
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(s) with respect to the discharge
of firearms within the municipality;
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general
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(t) generally for the
exercise of any power to make bylaws conferred under any other enactment.
1983,c.33,s.62; 1987,c.49,s.9.
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PART XII
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GENERAL
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Continuation of
existing municipalities
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65.
(1) Where a town, village or community improvement committee has been
incorporated by law and is in existence on the date this Act
comes into force, it shall continue as a body corporate as if incorporated
as a town or, as the case may be, a community under this Act having
the boundaries established by the enactment under which it was incorporated.
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Officials and
councils
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(2) Until new councils are
elected pursuant to sections 49 and 51
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(a) all elected municipal
officials continue to hold office subject to the provisions of this Act relating to the
filling of vacancies; and |
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(b) a municipal council constituted under an Act repealed by this Act shall be deemed to continue to be properly constituted for the purpose of this Act
notwithstanding the requirements of subsection 15(1) relating to the number of councillors.
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Rights preserved
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(3) All
rights, privileges, obligations, assets and liabilities of a town, village or community
improvement committee are unaffected by any change of status consequent to this Act.
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Existing bylaws
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(4) Subject to subsection (5), bylaws in force in a municipality on the date this Act comes
into force remain in effect as if made under this Act except in so far as they are
inconsistent with any provision of this Act.
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Planning bylaws
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(5) Where,
before the coming into force of this Act, a municipality has made bylaws respecting any
matter referred to in subsection 46(1) of the Planning Act or any regulations have been made under subsection 46(1) in respect of any
community set out in Schedule 1, the bylaws or regulations shall continue in force and
shall, subject to subsection (6), for all purposes be deemed to be bylaws made under the
authority of section 49 of that Act.
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Appeals in
planning matters
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(6) Repealed by 1994,c.41,s.7.
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Clerks
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(7) A person holding office
as a clerk of a municipality on the date this Act comes into force shall be
deemed to have been appointed as the administrator of that municipality for
the purposes of this Act.
1983,c.33,s.63; 1991,c.18,s.22 {eff.} Nov. 4/91;
1994,c.41,s.7 {eff.} July 28/94; 2016,c.45,s.25.
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Fines |
65.1 Except as otherwise
provided in an agreement entered into by a municipality with the Province
concerning the collection of fines, every fine imposed for a contravention
of a provision of this Act or of a bylaw of the municipality, is an amount
owing to the municipality in which the offence occurred.
2006,c.13,s.6. |
Liability of council members and officers
|
66. The
members of a council or a committee thereof, the administrator and any other
person acting on their instructions or under the authority of this Act, are
not personally liable for any loss or damage suffered by any person by
reason of any act done or not done by any of them in good faith in the
exercise or purported exercise of the powers conferred under this Act.
1987,c.49,s.10; 2006,c.13.s.7.
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Obstruction |
66.1 (1) No person shall
hinder or obstruct, or attempt to hinder or obstruct, any person exercising
a power or performing a duty under this Act or a bylaw made under this Act. |
Offence |
(2) Every person who contravenes
subsection (1) is guilty of an offence and is liable, on summary conviction,
to a fine not less than $200 and not more than $1,500.
2006,c.13.s.8. |
Limitation period |
66.2 Any prosecution for
an offence under subsection 66.1(1) or for an offence against a bylaw may be
instituted within one year after the time when the contravention occurred.
2006,c.13.s.8. |
Regulations
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67. The
Lieutenant Governor in Council may make regulations for the purposes of this Act and in
particular
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(a) for the conduct of
plebiscites; |
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(b) prescribing forms
including the form of a municipal offence ticket and providing for their use; |
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(c) prescribing fees; |
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(d) respecting municipal election forms; |
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(e) respecting transitional arrangements to give effect to an
order under subsection 9(1).
1983,c.33,s.64; 1994,c.41,s.8;
2006,c.13.s.9.
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Continuation in office of certain municipal
councils
|
68. Notwithstanding the provisions of section 48, Schedule 2 and An Act to Consolidate and
Amend the Act of Incorporation of the Town of Summerside 1903, being 8 Elizabeth II
(1959) c.46, the municipal elections that would, pursuant to those provisions, be held in
November 1993 or November 1994 in respect of the following municipalities:
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Schedule
1 |
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Towns: |
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Alberton |
Borden |
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Georgetown |
Kensington |
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Montague |
Souris |
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Villages: |
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Abrams
Village |
Bedeque |
|
Cardigan |
Central
Bedeque |
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Crapaud |
Hunter
River |
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Kinkora |
Miminegash |
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Miscouche |
Morell |
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Mt.
Stewart |
Murray
Harbour |
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Murray
River |
North
Rustico |
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O'Leary |
St. Louis |
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St. Peters
Bay |
Tignish |
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Tyne
Valley |
Victoria |
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Wellington |
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Community Improvement
Committees: |
Afton |
Alexandra |
Annandale-Little
Pond - Howe Bay |
Belfast |
Bonshaw |
Brackley |
Brudenell |
Carleton
Siding |
Central
Kings |
Central
Lot 16 |
Clyde
River |
Darlington |
Eastern
Kings |
Ellerslie-Bideford |
Grand
Tracadie |
Greenmount-Montrose |
Hampshire |
Hazelbrook |
Kingston |
Lady's
Slipper |
Linkletter |
Lorne
Valley |
Lot 11 and
Area |
Lower
Montague |
Malpeque
Bay |
Meadowbank |
Miltonvale
Park |
Nail Pond
and Skinners Pond |
New
Haven-Riverdale |
|
Northport |
North
Shore |
North
Wiltshire |
Pleasant
Grove |
Richmond |
Sherbrooke |
Souris
West |
St. Felix |
Tignish
Shore |
Union Road
(Queens County) |
Valleyfield |
West River |
1994,c.6, Schedule 2 {eff.}
Mar. 31/95. |
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SCHEDULE 2
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Election Procedures for
Towns
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Town Election
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(1)
Town elections shall be held on the first Monday of
November, 2014, and on the first Monday of November in every fourth year
thereafter, to elect a mayor and counsel.
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Wards
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(2) Where a
town is divided into wards, town elections shall be conducted by a deputy returning
officer and a poll clerk for each ward; and where the wards or any of them are divided
into polling divisions, by a deputy returning officer and a poll clerk for each polling
division.
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Polling divisions
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(3) Where
a town is not divided into wards, town elections shall be conducted by the returning
officer and a poll clerk for the town; but if there are two or more polling divisions,
each polling division shall be presided over by a deputy returning officer and a poll
clerk.
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Idem
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(4) The
council may establish two or more polling divisions in any town or in any ward thereof.
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Appointment of election officials
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(5) The
returning officer, deputy returning officers and poll clerks shall be appointed by the
council.
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Notice of nomination
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(6) Notice
of the time and place fixed for nominating candidates, and of the time and place or places
of holding the poll, if a poll is granted, shall be advertised in the prescribed form by
the town administrator in two consecutive issues of a newspaper having general circulation
in the area not less than seven days prior to the nomination day.
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Nomination
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(7) Every
candidate for the office of mayor shall be nominated in writing by two electors of the
town, and every candidate for the office of councillor shall be nominated in writing by
two electors in the ward for which he is a candidate if the town is divided into wards,
and by two electors in the town if the town is not so divided; the consent of each
candidate shall be endorsed thereon and thereto annexed.
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Form
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(8) The
nomination papers shall be in the form prescribed by regulation.
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Nomination fee
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(9) The
fee payable to the town administrator at the time of nomination is $10 which is refundable
to any candidate who receives one-half or more of the votes cast for the candidate
elected.
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Delivery of nomination papers
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(10) The
nomination papers shall be delivered to the town administrator before 4:00 p.m. on the
Monday preceding by two weeks the first Monday of November.
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Death of candidate
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(11) If a
candidate for the office of mayor or councillor dies after the expiration of the time for
nominating candidates and before the closing of the poll, or if elected, dies before
taking the oath of office, the council and administrator shall proceed under this Act as
if a vacancy had occurred in the office of mayor or councillor.
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Insufficient candidates
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(12) Where
there are insufficient nominations to fill all of the council positions, those candidates
nominated shall be declared elected by acclamation by the town administrator without a
poll being taken, at the hour of twelve o'clock noon on the first Monday of November, in
the office of the town administrator.
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Second nomination day
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(13) If
not a sufficient number of nominations are filed to fill all of the council seats, the
town administrator shall fix a second nomination day within fourteen days of the date on
which the election would have been held, and if sufficient nominations are filed on the
second nomination day, a deferred election shall be held within fourteen days.
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Appointment on failure of nominations
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(14) Those
nominated to fill the remaining vacancies on the second nomination day shall be declared
elected by acclamation by the town administrator at four o'clock in the afternoon on that
day and where vacancies continue to exist, the Minister shall appoint persons to fill the
remaining vacancies.
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Warrant to hold poll
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(15) Where
an election is to be held, the town administrator shall on the day following nomination
day, issue a warrant in the form prescribed by regulation under his hand and the corporate
seal of the town, directed to the returning officer directing him to hold a poll, and the
returning officer on the day named in the warrant shall open a poll or polls at the time
and place therein directed.
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Advance poll
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(16) In
order to permit electors that will be out of the town on the date of the election to vote,
the returning officer shall conduct an advance poll on the Saturday eight clear days
preceding the election date.
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Conduct
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(17) The
advance poll will be advertised in accordance with subsection (6), and shall be conducted
in the same manner as the election day poll except that the town may by bylaw prescribe
the hours, being not fewer than three hours in aggregate, during which the advance poll
shall be open.
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Declaration
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(18) Repealed by 1990, c.36, s.9.
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Ballot box
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(19) The
returning officer shall, at the close of an advance poll, seal the ballot box and retain
it in his possession until the ballots are opened on polling day.
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Poll hours
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(20) At
all elections under this Act, the poll shall be opened at 9:00 a.m. and shall be kept open
until 7:00 p.m. of the same day, and the voting shall be by ballot showing the names of
the candidates for each office.
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Oath of office
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(21) The
returning officer and each deputy returning officer before taking office shall take the
oath of office in the form prescribed by regulation.
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Idem
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(22) Every
poll clerk before acting as such shall take the oath in the form prescribed by regulation
before the returning officer.
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Preliminary list of administrator electors
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(23) The
town shall, not less than twenty-one days before an election prepare a preliminary
list of electors, which shall contain the names of all electors in the town and shall, not
less than twenty-one days before an election, post the list in public places in the town
where it shall be available for inspection.
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Names added to list
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(24) Any
person who is not on the list of electors may have his name added at any time by declaring
in the form prescribed by regulation that he is a qualified elector of the town.
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Wards
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(25) In
any town having more than one ward, an elector shall only vote in the ward in which he is
resident.
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Oath of elector
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(26) Every
elector before voting, if so required by any candidate or agent, shall take the oath in
the form prescribed by regulation which shall be administered by the returning officer,
and any voter refusing to take the oath shall not be permitted to vote.
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Election materials
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(27) The
town administrator shall before the poll is opened furnish the returning officer with
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(a) the list of electors; |
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(b) a sufficient number of ballot papers to supply the electors
named in the list, and pencils to mark the ballots, and envelopes to be used with the
ballots; |
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(c) a ballot box to receive the ballot papers; and |
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(d) at least three copies of printed directions for the guidance
of electors which the returning officer shall, before or at the opening of the poll on the
day of polling, cause to be posted up in the compartments of the polling station.
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References to returning officer include deputy
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(28) In
case of any town having more than one ward or more than one polling division, all the
provisions of this Act relating to polls apply to every poll therein, and where necessary
the words "returning officer" shall be read as "deputy returning
officer".
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Persons permitted in pod
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(29) The
returning officer, the poll clerk, the candidates and their agents, not exceeding two for
each candidate, and no others shall be permitted during the election to remain in the room
where the votes are given.
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Agent's oath
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(30) Every
person representing himself to be the agent of any candidate shall before acting as such
produce his appointment in writing under the hand of the candidate, and shall deliver it
to the returning officer, and shall take an oath in the form prescribed by regulation.
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Opening the poll
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(31) At
the hour fixed for opening the poll, the returning officer and the poll clerk shall in the
presence of the candidates, their agents or electors as shall be present, open the ballot
box, and ascertain that there are no ballot or other papers in it, after which the box
shall be locked.
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Voting procedure
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(32) Each
elector being introduced one at a time into the room where the poll is held shall declare
his name, which shall be entered in the poll book to be kept by the poll clerk for that
purpose, and if it is found on the list of electors, he shall receive from the returning
officer a ballot paper on the back of which the returning officer has previously put his
initials so placed that when the ballot paper is folded they can be seen without opening
it.
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Instructions
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(33) The
returning officer shall instruct the elector how to mark and how to fold his ballot.
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Marking the ballot
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(34) The
elector on receiving the ballot shall proceed forthwith into a compartment of the polling
station, and there mark his ballot, making an "X" with a black lead pencil on
the ballot paper within the division, or if there is more than one to be elected, within
the divisions containing the name, or names of the candidate or candidates for whom he
intends to vote, and shall then fold the ballot paper so that the initials on the back can
be seen and hand it to the returning officer, who shall without opening it, being
satisfied that his initials are on it, in the presence of the elector put it in the ballot
box.
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Idem
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(35) Any
elector may vote for one or more of the candidates nominated without voting for all of the
candidates nominated.
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Delay
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(36) Every
elector shall vote without delay and leave the polling station as soon as his ballot paper
has been put in the ballot box.
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Removal of ballot paper
|
(37) No
elector shall be allowed to take his ballot paper out of the polling station or show the
same after he has marked it.
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Incapacitated elector
|
(38) The
returning officer, on the application of any elector who is unable to read or is
incapacitated from any physical cause from voting, shall assist the elector in marking his
ballot paper in the manner directed by the elector in the presence of the agent or agents
of any candidate and of no other person, and by placing the paper in the ballot box, and
the returning officer shall require the elector making the application, before voting, to
make oath of his incapacity to vote without such assistance in the form prescribed by
regulation.
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Impersonated elector
|
(39) If a
person representing himself to be a particular elector named on the list of electors
applies for a ballot paper after another person has voted as that elector, the applicant,
after taking the oath in the form prescribed by regulation and otherwise establishing his
identity to the satisfaction of the returning officer, is entitled to receive a ballot and
to vote.
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Idem
|
(40) The
name of the elector shall be entered on the list of electors and a note made of his having
voted on a second ballot paper issued under the same name.
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Poll book
|
(41) The
clerk shall enter in the poll book, opposite the name of each elector voting, the word
"voted", as soon as his ballot paper has been deposited in the ballot box and he
shall also enter in the same book, "sworn" (or affirmed), opposite the name of
each elector, to whom the oath (or affirmation) has been administered, and the words,
"refused to swear" or "refused to affirm" opposite the name of each
elector who has refused to take the oath or to affirm.
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Defaced ballot paper
|
(42) An
elector who has inadvertently dealt with the ballot paper given him so that it cannot be
conveniently used, may on delivering it to the returning officer obtain another ballot
paper in the place of the one delivered up.
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Counting the ballots
|
(43) Immediately after the close of the poll the returning officer, in the presence of the
candidates or agents if they desire to be present shall open the ballot box and proceed to
count the number of votes given for each candidate and in doing so he shall reject
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(a) all ballot papers that were
not supplied by him and do not have his initials on the back; |
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(b) all those by which votes have been given for more candidates than are to be elected; and |
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(c) all those upon which there is any writing or mark or which
have been torn, defaced or otherwise dealt with by the elector by which he could be
identified.
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Procedure after count
|
(44) The
ballot papers having been counted and a list kept of the number of votes given to each
candidate, and of the number of rejected ballot papers, all the ballot papers indicating
the votes given for each candidate shall be put into one envelope or parcel, and those
rejected and those spoiled and those unused shall be put into different envelopes or
parcels, and those envelopes or parcels being endorsed so as to indicate the contents,
shall, together with the list of the number of votes given to each candidate, be put back
into the box.
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Objections
|
(45) The
returning officer shall take a note of and decide all objections to any ballot papers
found in the ballot box, and such decision shall be final subject to the provisions for a
recount.
|
Oaths
|
(46) The
returning officer and the poll clerk shall respectively take the oaths in the form
prescribed by regulation and annex the same to his return of the result of the election.
|
Certificate of election result
|
(47) The
returning officer shall on request deliver to each of the candidates, their agents and in
their absence, to the electors present representing the candidates, a certificate of the
number of votes given for each candidate and the number of rejected ballots.
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Resolution of tie vote
|
(48) Where, upon the
counting of the votes, 2 or more candidates for an office have an equal
number of votes and both or all of those candidates cannot be elected, the
returning officer shall immediately
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(a) write the names of those
candidates on separate, identical blank sheets of paper; |
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|
(b) fold the sheets of paper
in an identical manner so that the names are concealed; |
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|
(c) deposit them in a
receptacle and withdraw the number of the sheets necessary to elect the
candidates required to be elected; and |
|
|
(d) declare the candidate
whose name appears on the sheet withdrawn, to be elected. |
Return of election
|
(49) The
returning officer shall as soon as possible after the count transmit his return in the
form prescribed by regulation to the town administrator endorsed on the warrant under
which the election was held, that the candidate having the greatest number of votes for
the office of mayor has been duly elected, and that the candidate or candidates having the
greatest number of votes for the office of councillor has or have been elected, which
return is conclusive evidence of the due election of the person or persons therein
returned elected, and the regularity and happening of every prerequisite necessary to the
holding of that election.
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Transmission of election materials
|
(50) The
returning officer shall also transmit to the town administrator with his return ballot
papers in separate packages, the ballot box and the list of electors and poll book and any
other lists and documents used and required at the election or given him by the town
administrator.
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Acting returning officer
|
(51) If
during the polling, the returning officer becomes unable through illness or other cause to
perform his duties, the poll clerk shall act as returning officer and shall perform the
duties of a returning officer and may appoint some other person as poll clerk.
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Interference with exercise to vote
|
(52) No
presiding officer, poll clerk, candidate or agent of a candidate, present within the rooms
where an election is being held, except as in this Act is otherwise provided shall
|
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(a) give to any voter a ballot
paper; |
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|
(b) offer to give such voter
any advice as to the person for whom he should vote; |
|
|
(c) interfere with the voter in the exercise of his franchise; or |
|
|
(d) divulge to any person the name of the candidate for whom any voter has voted.
|
Offence by elector
|
(53) Repealed by 1990,c.36,s.9.
|
Vacancies
|
(54) Where
a vacancy occurs on a town council, the town administrator shall within sixty days
initiate the election procedure to fill the vacancy and the new councillor shall serve out
the remaining term of the councillor or mayor who has vacated the seat.
|
|
MUNICIPALITIES |
Unfilled vacancies
|
(55) If a
council seat becomes vacant within the six-month period preceding the date of a regular
election, the seat may be left vacant.
|
Recounts
|
(56) Any
candidate may within seven days of the election, in writing, demand a recount of votes
cast.
|
Fee
|
(57) A
candidate shall at the time of making the demand pay to the town administrator the sum of
$25 which is not refundable.
|
Recount
|
(58) Upon
receiving a demand for a recount, the town administrator shall request the chief
provincial court judge to designate a provincial court judge to appoint a time and place
to recount the votes and the judge shall at the time and place appointed, in the presence
of the candidate or his agent and the administrator, proceed to recount the votes.
|
Determination of result
|
(59) The
decision of the judge on the recount is final.
1997,c.31;
2006,c.24.s.5;
2009,c.81.s.6(1).
|
_______ |