3(1)The inhabitants of the cities and towns in existence on January 1, 1967 continue to be bodies corporate.

3(2)The territorial limits of the cities and towns in existence on January 1, 1967, until altered in accordance with this Act or any other Act, are the same as existed immediately prior to that date.

3(3)The inhabitants of a municipality created under this Act are a body corporate under the name prescribed for it under this Act.

3(4)Notwithstanding the description of the territorial limits of any municipality, all wharves, piers, docks, bridges, causeways, breakwaters and other similar structures contiguous to a boundary of a municipality are included within the municipality.

4(1)A municipality has perpetual succession.

4(2)A municipality may, in its corporate name,

4(3)A municipality may provide for, create, alter and abolish committees, departments, bureaus, divisions, boards, commissions, officials and agencies of the municipality and delegate administrative powers and duties to them.

4(4)When a person defaults in doing any thing he has been lawfully ordered or directed by the council to do, the council may cause such thing to be done and recover the expense thereof, with costs, together with any damages arising from the default, in an action against such person.

5(1)A municipality shall have a corporate seal that the council may alter or change at pleasure.

5(2)Except as provided by regulation, no agreement, contract, deed or other document made or issued after January 1, 1967 to which a municipality is a party has any force or effect unless it is

6.1(1)A municipality shall not be liable in an action in nuisance, where the damage is the result of

6.1(2)Subsection (1) does not apply to a cause of action that arose before the coming into force of this section.

7(1)A municipality may provide any of the services contained in the First Schedule.

7(2)Subject to the Police Act, a municipality shall provide the service of police protection.

7(3)Where a municipality carries out any of the powers or provides any of the services under this Act it

7(4)Without restricting the generality of any powers given under this Act, a municipality in providing any service may

7(5)Subject to any other law regulating the distribution of natural gas in the Province, a municipality may enter into an agreement with a distributor of natural gas respecting the use of the property of the municipality and any other matter associated with the construction or operation of a natural gas distribution system.

7(6)A municipality may participate in an airport commission and may enter into an agreement for that purpose.

7.1(1)Without restricting the generality of paragraph 7(3)(c), a municipality may in a by-law respecting garbage and refuse collection and disposal

7.1(2)Notwithstanding paragraph 7(3)(b), where a municipality regulates garbage and refuse collection and disposal pursuant to a by-law and the by-law incorporates the elements set out in paragraphs(1)(a) to (d), the municipality may recover the cost of the service, or any portion thereof, on a user-charge basis under this section, which may be established on an amortized or any other basis as the municipality shall seem fit.

7.1(3)Money recovered under subsection (2) shall be used only for the purpose of providing a garbage and refuse collection and disposal service, and any surplus or deficit realized in any year from the imposition of user-charges for the service shall be carried forward and credited to or debited from the current fund for that service for the second next ensuing year.

7.1(4)Where used in this section, “user-charge” includes

7.1(5)A council may by by-law prescribe the terms and conditions for payment of user-charges established under this section in respect to

7.1(6)Where a municipality provides a garbage and refuse collection and disposal service for which user-charges are imposed, the municipality may by by-law

7.1(7)In determining the charge to be made in subsection (6), the municipality shall make its assessment as near as possible to what the user-charge would be if the owner used the service.

7.1(8)A user-charge and any penalty levied under this section is a debt to the municipality and may be recovered by the municipality in a court of competent jurisdiction.

7.1(9)A municipality that makes a by-law respecting garbage and refuse collection and disposal may, by by-law and for such purposes, define any word or expression used in this Act but not defined in this Act.

7.1(10)This section applies with the necessary modifications to a rural community that has enacted a by-law under subsection 190.079(1) with respect to the service of garbage and refuse collection and disposal.

8(1)Subject to subsection (2), for the purpose of carrying out any of its powers or providing any of its services, a municipality may expropriate within the meaning of and in accordance with the Expropriation Act, whether the subject matter of the expropriation is within or without the boundaries of the municipality.

8(2)A municipality shall not expropriate where the subject matter of the expropriation is within the boundaries of another municipality or a rural community, and any such purported expropriation is invalid.

9(1)The powers of a municipality are vested in and shall be exercised by its council.

9(2)A council is continuing and a new council may take up and complete proceedings commenced by a previous council.

10(1)The clerk may fix a date for the first meeting of a council which date

10(1.1)If the clerk does not fix a date for the first meeting of a council under subsection (1), the first meeting of council shall be held on the fourth Monday of May following its election.

10(2)A council shall hold at least four regular meetings in each year.

10.1(1)Unless disqualified to vote by reason of interest or otherwise upon a by-law, resolution, motion or for any other purpose, each member present, including the mayor, shall announce his or her vote openly and individually, and the clerk shall record it, and no vote shall be taken by ballot or by any other method of secret voting, and every vote so taken is of no effect.

10.1(2)Notwithstanding subsection (1), a municipality may, in a procedural by-law enacted pursuant to section 10.3 or in a municipal charter or private or special Act of the municipality, provide that the mayor shall not vote except to have a casting vote in the event of a tie.

10.2(1)Subject to subsection (4), all regular and special meetings of a council shall be open to the public.

10.2(2)All decisions of a council shall be

10.2(2.1)No act or decision of a council is valid unless it is authorized or adopted by a by-law or resolution at a council meeting.

10.2(3)Subject to subsection (4), all meetings of a committee of council shall be open to the public.

10.2(4)If it is necessary at a meeting of a council or a committee of council to discuss any of the following matters, the public may be excluded from the meeting for the duration of the discussion:

10.2(5)If a meeting of a committee of council is closed to the public pursuant to subsection (4), no decisions shall be made at the meeting except for decisions related to

10.2(6)If a meeting is closed to the public pursuant to subsection (4), a record shall be made containing only the following:

10.2(7)The record made under subsection (6) shall be available for examination by the public in the office of the clerk during regular office hours.

10.3(1)Subject to subsection (2), a municipality shall enact a by-law to regulate the procedures of its council meetings and such a by-law shall include those matters prescribed by regulation.

10.3(2)If a matter prescribed for the purposes of subsection (1) conflicts with a provision of a municipal charter or a private or special Act, a municipality may enact a by-law pursuant to subsection (1) that does not include that prescribed matter.

11(1)In addition to any other powers given by this Act, a municipality may make by-laws for the following purposes:

11(2)Except by unanimous consent of all the members present, a council shall not at a special meeting consider any business except that specified in the notice of the meeting.

11.1(1)Subject to subsection (2), where this Act requires or authorizes a municipality to give notice of a matter by way of publishing the notice in a newspaper published or having general circulation in the municipality, the notice may be given by

11.1(2)Notice provided in a manner authorized by subsection (1) shall only be sufficient notice if the notice is also available for examination by the public for the required period of time in the office of the clerk during regular office hours.

12(1)Subject to subsections (1.1), (1.2) and (1.3), no by-law under this Act is valid until it is

12(1.1)Where any by-law is a revision of a by-law resulting from the conversion of the expression of measurement contained in that by-law from the Canadian system of units to that of the International System of Units, that by-law is valid if it is

12(1.2)Notwithstanding any Act or a regulation under it, a by-law which only repeals a by-law in one official language and substitutes it with the same by-law in both official languages or a by-law in one official language which is amended only by adopting a version of the by-law in the other official language is valid if it is

12(1.3)A by-law referred to in subsection (1.2) may be amended at any time prior to third reading by title without having to further file the by-law pursuant to paragraph (1.2)(c).

12(2)Unless all the members present declare by resolution that an emergency exists, not more than two of the three readings by title shall take place at one meeting of the council.

12(3)A proposed by-law may be amended at any time prior to third reading by title.

12(4)Where this Act provides that to enact a by-law two-thirds of the whole council or the whole council must vote in favour thereof, it shall be sufficient compliance with such provision if two-thirds of the whole council or the whole council, respectively, vote in favour of the by-law on third reading by title.

12(4.1)Notwithstanding the definition of “council” in section 1, where this Act makes provision for the making of a by-law and makes reference to the whole council, “whole council” means those members of council, including the mayor, who are not disqualified from voting on the by-law.

12(5)Nothing in this section invalidates a by-law made before the coming into force of this section.

14(1)On the recommendation of the Minister and after the study of a feasibility report, the Lieutenant-Governor in Council

14(1.1)Notwithstanding subsection (1), after January 2, 1998, the amalgamation of two or more municipalities shall be effected by an Act of the Legislature unless the councils of the municipalities that would be affected adopt a resolution in favour of the amalgamation.

14(1.2)Notwithstanding subsection (1), the amalgamation of one or more rural communities with one or more municipalities shall be effected by an Act of the Legislature unless the rural community council of each rural community and the council of each municipality that would be affected adopts a resolution in favour of the amalgamation.

14(2)The Minister may institute or a council or rural community council may petition the Minister to institute

14(2.1)The Minister may institute or a rural community council may petition the Minister to institute proceedings to incorporate a rural community as a municipality.

14(2.2)If a rural community is incorporated as a municipality, the rural community mayor and rural community councillors in office at the time of the incorporation are the mayor and councillors of the new municipality until a new council is elected and takes office.

14(3)Twenty-five or more persons qualified to vote under the Elections Act, and resident in an area contiguous to, but not within, a municipality may petition the Minister for the institution of annexation proceedings for that area.

14(4)The Minister may, and if petitioned by the council of a municipality shall, carry out a study to determine the feasibility of dissolving a municipality.

14(4.1)A municipality shall not be dissolved except by special Act of the Legislature.

14(4.2)Subsection (4.1) does not apply to amalgamation, annexation or decrement proceedings under this Act or any other Act.

14(5)Subject to subsection (1.1), where a municipality created by an amalgamation or an annexation has the required population, the Lieutenant-Governor in Council may incorporate the municipality as a town or city.

14(5.1)Subject to subsection (1.2), if one or more rural communities is amalgamated with one or more municipalities under this section, the Lieutenant-Governor in Council shall incorporate the area as a municipality.

14(6)The date for determining whether the elector qualifications under the Elections Act are met shall be the date of the making of the petition.

14(7)In addition to any conditions, procedures or criteria set out in this section, on the recommendation of the Minister, the Lieutenant-Governor in Council may make regulations respecting conditions and procedures that shall be complied with and criteria that shall be considered before

14.1(1)In this section

14.1(2)Notwithstanding subsection 14(4.1), where a feasibility report under subsection 14(1) or a study under subsection 14(4) recommends that a village become a rural community or part of a rural community, the Lieutenant-Governor in Council may, on the recommendation of the Minister and in accordance with this section, dissolve a village by regulation.

14.1(3)Where a feasibility report under subsection 14(1) or a study under subsection 14(4) recommends that a village become a rural community or part of a rural community, the Lieutenant-Governor in Council may appoint a person or persons to carry out any of the actions necessary and incidental to the dissolution of the village specified in subsection (5).

14.1(4)The person or persons appointed by the Lieutenant-Governor in Council under subsection (3) may be the person or persons appointed as supervisor for the village under the Control of Municipalities Act.

14.1(5)The Lieutenant-Governor in Council, when dissolving a village by regulation on the recommendation of the Minister, may

14.1(6)In addition to any conditions, procedures or criteria set out in this section, on the recommendation of the Minister, the Lieutenant-Governor in Council may make regulations respecting conditions and procedures that shall be complied with and criteria that shall be considered before a village may become a rural community or part of a rural community.

19(0.1)In this section

19(1)The Lieutenant-Governor in Council in every Order in Council under section 14 effecting an incorporation, amalgamation, annexation or decrement may

19(2)Notwithstanding any provision of this Act or any other Act, where a first election is held under paragraph (1)(e) to elect a first council prior to the effective date of the incorporation, amalgamation, annexation or decrement

19(3)Notwithstanding any provision of this Act or any other Act, where a first election is held under paragraph (1)(e) to elect a first council prior to the effective date of the incorporation, amalgamation, annexation or decrement, a member of a council of an affected municipality

19(4)Notwithstanding the effective date of the incorporation, amalgamation, annexation or decrement or any provision of this Act or any other Act, where a first election is held under paragraph (1)(e) to elect a first council prior to the effective date of the incorporation, amalgamation, annexation or decrement, the council of an affected municipality shall continue to exercise its powers in relation to the day-to-day activities of the municipality but onward from the day fixed for the election of the first council of the new municipality the council of the affected municipality shall not, unless expressly authorized by the Lieutenant-Governor in Council,

19(5)Where a council acts in contravention of subsection (4), that action is void and has no force or effect.

19(6)Notwithstanding the effective date of the incorporation, amalgamation, annexation or decrement or any provision of this Act or any other Act, where a first election is held under paragraph (1)(e) to elect a first council prior to the effective date of the incorporation, amalgamation, annexation or decrement, the first council of the new municipality, upon taking the oath of office and prior to the effective date of the incorporation, amalgamation, annexation or decrement

19(7)The transitional budget referred to in paragraph (6)(b) and any additional expenses incurred by the first council under this section shall be deemed to be an expense of the new municipality and shall be included in the estimate of the money required for the operation of the new municipality under paragraph 87(2)(a) for the first fiscal year.

19(8)The Minister of Finance may advance to the first council the amount determined under paragraph (6)(b) and that amount may be recovered by the Minister of Finance from any amount to be paid to the new municipality under the Municipal Assistance Act following the effective date of the incorporation, amalgamation, annexation or decrement.

19(9)Notwithstanding the effective date of the incorporation, amalgamation, annexation or decrement or any provision of this Act or any other Act, where a first election is held under paragraph (1)(e) to elect a first council prior to the effective date of the incorporation, amalgamation, annexation or decrement, the first council of the new municipality, upon taking the oath of office

19(9.01)For the year 2010 or any subsequent year, the rate to be used in subparagraph (9)(c)(iii) shall be the rate determined under subsection 5.01(2) of the Real Property Tax Act or adopted under paragraph 5.01(3)(b) of that Act, as the case may be.

19(9.1)The first council may, by resolution during the period falling between the taking of the oath of office and six months after the effective date of the amalgamation, revoke the appointment of an officer appointed by an affected municipality and

19(9.2)A resolution under subparagraph (9.1)(b)(i), (ii) or (iii) made before the effective date of the amalgamation shall not be effective until the effective date of the amalgamation.

19(9.3)A resolution under subparagraph (9.1)(b)(iii) shall be made only on the affirmative vote of at least two-thirds of the whole council.

19(9.4)The clerk of the new municipality shall cause a certified copy of the resolution made under subsection (9.1) to be served on the officer of the affected municipality within seven days after the making of the resolution.

19(10)The council of an affected municipality shall provide to the first council of the new municipality all information requested by the first council of the new municipality.

19(11)The Minister may

19(12)A member elected to a first council of a new municipality under paragraph (1)(e) prior to the effective date of the incorporation, amalgamation, annexation or decrement does not have a conflict of interest in relation to a matter before that first council for consideration by reason only that the member is also a member of the council of an affected municipality.

19(13)A member of council of an affected municipality does not have a conflict of interest in relation to a matter before the council of the affected municipality for consideration by reason only that the member is also a member elected to a first council of a new municipality under paragraph (1)(e) prior to the effective date of the incorporation, amalgamation, annexation or decrement.

19(14)The Lieutenant-Governor in Council, on the recommendation of the Minister, may make an Order in Council effecting an annexation or decrement without providing for a first election under paragraph (1)(e).

19(15)Where an Order in Council is made under subsection (1), the Lieutenant-Governor in Council may

19(16)Sections 24 and 25 do not apply to subsection (15).

19(17)Subsection 77(11) of the Community Planning Act does not apply to paragraph (15)(a).

19(18)Subsections (2) to (14) apply with the necessary modifications to a first election under paragraph 190.073(1)(d).

19.01(1)Except as provided under this section or an Order in Council made under paragraph 19(1)(e), the Municipal Elections Act applies to first elections under paragraph 19(1)(e) and first elections under paragraph 19(1)(e) shall be conducted under the Municipal Elections Act.

19.01(2)Where a first election under paragraph 19(1)(e) is held at the same time as a quadrennial election, the Municipal Electoral Officer may, after the thirty-first day of December in the year before the year in which the election is to be held, change the polling divisions determined under subsection 10(1) of the Municipal Elections Act and revise the list of polling divisions prepared under subsection 10(2) of the Municipal Elections Act so as to provide for such revised polling divisions as are necessary for the conduct of the first election under paragraph 19(1)(e).

19.01(3)Where a first election is held under section 19, a person is not qualified to be a candidate for the office of mayor or councillor of a municipality unless the person has been resident within the boundaries of the municipality, as the boundaries of the municipality are described under the Order in Council made under section 19 effecting the incorporation, amalgamation, amalgamation and annexation, annexation or decrement of the municipality, for at least six months immediately before the election.

19.01(4.01)Where a first election is held under paragraph 19(1)(e) in a municipality divided into wards under paragraph 19(1)(a.1), a person is not entitled to be a candidate for the office of councillor for a ward unless the person is resident in the ward, as that ward is described under the Order in Council made under paragraph 19(1)(a.1), at the time of the person’s nomination.

19.01(4.1)Where a first election is held under paragraph 19(1)(e) in a municipality divided into wards under paragraph 19(1)(a.1),

19.01(4.2)Paragraph (4.1)(a) does not apply to candidates for the office of mayor or councillor at large.

19.01(5)Where a first election is conducted at the same time as a quadrennial election, the Municipal Electoral Officer shall give Notice of Election in relation to the municipality as described under the Order in Council effecting the incorporation, amalgamation, amalgamation and annexation, annexation or decrement but shall not give a Notice of Election in relation to the municipality that exists prior to the effective date of the incorporation, amalgamation, amalgamation and annexation, annexation or decrement of that municipality.

19.01(6)Except where a first election is conducted at the same time as a quadrennial election and subject to subsection (7), the preliminary voters list for a first election shall be the most recent voters list prepared for the previous election.

19.01(7)The Municipal Electoral Officer may, where the Municipal Electoral Officer considers it advisable, prepare in accordance with the Municipal Elections Act a new voters list for the first election.

19.01(8)Where there is a conflict between a provision in an Order in Council made under paragraph 19(1)(e) and a provision of this section, the provision in the Order in Council made under paragraph 19(1)(e) prevails.

19.1(1)Notwithstanding any other provision of this Act or the Community Planning Act, when the inhabitants of an unincorporated area are incorporated as a new municipality, any rural plan under subsection 77(2.1) or 77.2(1) of the Community Planning Act or any portion of a rural plan or any other regulation under the Community Planning Act that is designated in the Order in Council effecting the incorporation shall be deemed to be the basic planning statement, municipal plan, rural plan, zoning by-law or other by-law, as designated in the Order in Council, of the municipality as of the effective date of the incorporation and shall be deemed to be validly enacted as such in accordance with this Act and with the Community Planning Act.

19.1(2)If the inhabitants of two or more unincorporated areas are incorporated as a new municipality, subsection (1) applies with the necessary modifications to any regulation designated in the Order in Council effecting the incorporation as a basic planning statement, municipal plan, rural plan, zoning by-law or other by-law, as the case may be, of the portion of the new municipality designated in the Order in Council.

19.1(3)The council of a newly incorporated municipality shall conduct a review of any basic planning statement, municipal plan, rural plan, zoning by-law or other by-law deemed to be such under subsection (1) or (2) within five years after the effective date of the incorporation and shall report the results of the review to the Minister in writing.

19.1(4)A basic planning statement, municipal plan, rural plan, zoning by-law or other by-law deemed to be such under subsection (1) or (2) shall remain in force in the new municipality until repealed by the council of the municipality.

19.2(1)Notwithstanding any other provision of this Act or the Community Planning Act, when an unincorporated contiguous area is annexed to a municipality, any rural plan under subsection 77(2.1) or 77.2(1) of the Community Planning Act or any portion of a rural plan or any other regulation under the Community Planning Act that is designated in the Order in Council effecting the annexation shall be deemed to be the basic planning statement, municipal plan, rural plan, zoning by-law or other by-law, as designated in the Order in Council, of the annexed area as of the effective date of the annexation and shall be deemed to be validly enacted as such in accordance with this Act and with the Community Planning Act.

19.2(2)Notwithstanding any other provision of this Act or the Community Planning Act, when an area that is part of one municipality is annexed to another municipality, the zoning by-law or the zoning provisions in the rural plan of the municipality from which the area is annexed shall be deemed to be the zoning by-law or the zoning provisions of the annexed area as of the effective date of the annexation and shall be deemed to be validly enacted as such in accordance with this Act and the Community Planning Act.

19.2(3)Notwithstanding section 27.1 of the Community Planning Act, where there is a conflict between the municipal plan of an annexing municipality and a zoning by-law deemed to be such under subsection (1) or (2), the zoning by-law prevails.

19.2(4)Where subsection (1) or (2) applies to an annexation, the council of the annexing municipality shall within one and one-half years after the effective date of the annexation review and amend the municipal plan and zoning by-law or rural plan of the municipality so that the municipal plan and zoning by-law or rural plan incorporates the provisions of the basic planning statement, municipal plan, rural plan, zoning by-law or other by-law deemed to be such under subsection (1) or (2).

19.2(5)A basic planning statement, municipal plan, rural plan, zoning by-law or other by-law deemed to be such under subsection (1) or (2) shall remain in force in the annexed area until repealed by the council of the municipality.

20(1)The incorporation of a village as a town or a town as a city does not affect the by-laws then in force in the municipality and they remain in force until repealed by the council.

20(2)The amalgamation of two or more municipalities does not affect the by-laws then in force in each of the former municipalities and they remain in force in each former municipality until repealed by the council of the new municipality.

20(3)Subject to section 19.2, when an area is annexed to a municipality, the by-laws of the municipality extend to the annexed area.

20(4)When the territorial limits of a municipality are decreased, the by-laws of the former municipality apply to the new municipality.

21(1)Where

21(2)When the territorial limits of a municipality are decreased, the assets and liabilities of the former municipality and its local commissions shall be adjusted in accordance with an agreement between the municipality and the Minister.

22(1)The incorporation of every

22(2)The incorporations of the Village of Port Elgin and the Township of McAdam are rescinded.

22(3)The Village of Port Elgin, the Township of McAdam, the local improvement districts and the local administrative commissions listed in column 1 of the Second Schedule are deemed to be villages having the respective names set opposite each in column 2 of the Second Schedule.

22(3.1)The villages created under subsection (3) having the respective names set opposite each in column 2 of the Second Schedule continue until changed in accordance with the provisions of this Act or any other Act.

22(4)Where immediately before November 9, 1966 a village, local improvement district or local administrative commission, including the Township of McAdam, was located within the area comprising the territorial limits of a village created under subsection (3)

23.1(1)The Lieutenant-Governor in Council, on the recommendation of the Minister, may make regulations defining the boundaries of a local service district established under this Act or any area within a local service district and prescribing services to be provided under this Act for a local service district or for any area within a local service district.

23.1(2)The service of garbage and refuse collection and disposal, where prescribed under subsection (1), shall be provided in accordance with the regulations made under section 191 in respect of that service, whether the regulations are enacted before or after the service is prescribed.

24(1)Where

24(2)Where at the meeting held under subsection (1)

24(3)Where a meeting is held under subsection (1), no person shall petition the Minister for the establishment of a local service district that relates to the area within the boundaries defined by the Minister under subsection (1) for a period of one year after the date of the petition mentioned in subsection (1).

24(4)Where the conditions set out in paragraphs (2)(a) and (b) are not met, the Minister may adjourn the meeting to a fixed date.

24(5)Where

24(6)Subsections (2), (3) and (4) apply mutatis mutandis to meetings held under subsection (5).

24(7)Where a change is made in the boundaries of a local service district under this section, a service that is provided at the time the boundary change is made shall continue to be provided unless the service is discontinued pursuant to section 25.

24(8)The date for determining whether the elector qualifications under the Elections Act are met shall be the date of the making of the petition or the calling of the meeting, as the case may be.

25(1)Where

25(2)Where at the meeting held under subsection (1)

25(2.1)Where a service is discontinued under subsection (2), all liabilities associated with the establishment of that service continue until discharged.

25(3)Where

25(4)Where at the meeting held under subsection (3), a majority of those in attendance decides in favour of the election of an advisory committee, an election of an advisory committee of not less than three or more than five members shall be held at that meeting in the manner prescribed by regulation.

25(5)Upon election under subsection (4), the advisory committee

25(6)Within thirty days prior to the end of the term of office of an advisory committee, the Minister shall call a meeting to elect a new advisory committee in accordance with the procedure provided under subsection (3).

25(7)A meeting pursuant to subsection (3) may be combined with a meeting called pursuant to subsection 24(1).

25(8)The date for determining whether the elector qualifications under the Elections Act are met shall be the date of the making of the petition or the calling of the meeting, as the case may be.

27(1)The Minister shall raise the money required for the provision of services for a local service district by taxation within the local service district in accordance with the Real Property Tax Act.

27(2)Where services provided in different areas of a local service district vary to a degree that, in the opinion of the Minister, warrants an adjustment of the rates fixed under paragraph 27.01(1)(c), the Minister may fix different rates for different areas, or portions thereof, accordingly.

27(3)Notwithstanding subsection (1), the Minister may, with respect to the service of garbage and refuse collection and disposal, raise money for the provision of the service, in whole or in part, on a user-charge basis in accordance with section 193.2.

27(4)Where the cost of providing the service in different areas of a local service district vary to a degree that, in the opinion of the Minister, warrants an adjustment of the user-charges fixed under section 193.2, the Minister may fix different rates for users of the service in different areas or portions thereof, accordingly.

27.01(1)Each year the Minister shall

27.01(2)When preparing an estimate of the money required for the provision of services for a local service district under paragraph (1)(a), the Minister shall include the amount charged to the Province on behalf of the local service district under section 15.1 of the Service New Brunswick Act for the year for which the estimate is prepared.

27.01(3)For the year 2010 or any subsequent year, the rate to be used in paragraph (1)(c) shall be the rate determined under subsection 5.01(2) of the Real Property Tax Act or fixed under paragraph 5.01(3)(e) of that Act, as the case may be.

27.02(1)This section applies to the following:

27.02(2)The Minister may indemnify a body or person referred to in subsection (1) against all costs, charges and expenses, including any amount paid to settle an action or satisfy a judgment, reasonably incurred by them in relation to any civil, criminal or administrative action or proceeding to which they are made a party by reason of the actions of a member or former member as a member of the fire department, brigade or association or by reason of being or having been a member of the fire department, brigade or association, as the case may be, if the member or former member

27.02(3)A body or person referred to in subsection (2) is entitled to indemnity from the Minister in relation to all costs, charges and expenses reasonably incurred in connection with the defence of any civil, criminal or administrative action or proceeding referred to in subsection (2) to which that body or person is made a party if

27.1(1)Notwithstanding that a local service district or any area within a local service district has not been established in accordance with this Act for the provision of a garbage and refuse collection and disposal service, the Minister may, in accordance with regulations made under section 191 and without following the procedure set out in section 25, provide that service in a local service district or in any area within a local service district, if the local service district or area is within the territory serviced by a regional solid waste commission established under section 15.3 of the Clean Environment Act.

27.1(2)Where the Minister provides a garbage and refuse collection and disposal service under subsection (1), he may do so by entering into an agreement with the regional solid waste commission established under section 15.3 of the Clean Environment Act and he shall raise the money required for provision of the service in accordance with section 27.

27.2(1)Notwithstanding that a local service district or any area within a local service district has not been established in accordance with this Act for the provision of a land use planning service, the Minister may, without following the procedure set out in section 25, provide that service in the local service district or the area, if the local service district or the area is in a planning district established under section 5 of the Community Planning Act.

27.2(2)The Minister shall raise the money required for the provision of a land use planning service in accordance with section 27.

27.2(3)For the purposes of subsections (1) and (2), the provision of a land use planning service includes the enforcement of basic planning statement regulations, zoning regulations, rural plan regulations and rural plan by-laws made or adopted under the Community Planning Act.

27.21(1)Notwithstanding that a local service district or any area within a local service district has not been established in accordance with this Act for the provision of a dog control service, the Minister may, in accordance with regulations made under section 191 and without following the procedure set out in section 25, provide that service in the local service district or the area.

27.21(2)The Minister shall raise the money required for the provision of a dog control service in accordance with section 27.

27.7(1)Where

27.7(2)The Minister may issue a permit authorizing the operation of retail businesses on the weekly day of rest in a local service district if, at the meeting held under subsection (1),

27.7(3)The Minister may issue a permit under subsection (2) subject to such conditions as the Minister considers appropriate, if the conditions were considered at the meeting held under subsection (1).

27.7(4)The Minister may only amend, suspend or revoke a permit issued under subsection (2) if petitioned to do so in accordance with subsection (1), and subsections (1) to (3) apply with the necessary modifications to such a petition.

27.7(5)If a meeting has been held under subsection (1), the Minister may not be petitioned with respect to a permit under this section in relation to the same area for one year after the meeting.

27.7(6)A person who violates or fails to comply with a condition imposed under subsection (3) commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category C offence.

28(1)The council of a municipality that is not divided into wards for election purposes shall consist of

28(1.1)A by-law under this section, or the amendment or repeal of such a by-law, may only be made on the affirmative vote of a majority of the whole council.

28(1.2)Before making a by-law under this section, or amending or repealing such a by-law, the council shall

28(1.3)No by-law under this section, nor the amendment or repeal of such a by-law, comes into force until it has been filed by the council with the Municipal Electoral Officer.

28(1.4)Notwithstanding subsection (1.3), in order for a by-law under this section to apply to a quadrennial election it must be filed with the Municipal Electoral Officer more than six months before the election.

28(2)A by-law made under the authority of this section shall not be amended or repealed within four years after the commencement of the by-law or the most recent amendment of it.

29(1)The council of a municipality divided into wards for election purposes consists of

29(1.1)A by-law under this section, or the amendment or repeal of such a by-law, may only be made on the affirmative vote of a majority of the whole council.

29(1.2)Before making a by-law under this section, or amending or repealing such a by-law, the council shall

29(1.3)No by-law under this section, nor the amendment or repeal of such a by-law, comes into force until it has been filed by the council with the Municipal Electoral Officer.

29(1.4)Notwithstanding subsection (1.3), in order for a by-law under this section to apply to a quadrennial election it must be filed with the Municipal Electoral Officer more than six months before the election.

29(2)A by-law made under the authority of this section shall be not amended or repealed within four years after the commencement of the by-law or the most recent amendment of it.

29(3)Subsection (2) does not apply to a by-law made or amended as the consequence of an amalgamation or annexation under section 14.

29(4)Notwithstanding subsections (1), (2), and (3), where after the commencement of this subsection, the composition of a council is determined by an Order in Council made under section 19

29(5)If, after the commencement of subsection (4), a council of a municipality does not make a by-law under the authority of this section to take effect after the expiration of the four year period referred to in subsection (4) whereby the composition of the council is determined, the composition of the council as determined in the Order in Council made under section 19 shall be deemed to be the composition of the council determined by by-law of the council made under the authority of this section until such time as the municipality makes a by-law under the authority of this section determining the composition of the council.

29(6)Notwithstanding subsection (4), the Lieutenant-Governor in Council may, within the four year period referred to in subsection (4), approve a by-law whereby the composition of the council is not identical to the composition of the council determined under the Order in Council made under section 19.

31(1)Where a city or town is divided into wards immediately before January 1, 1967, such division continues in effect until altered by by-law.

31(2)The council of a municipality may, by by-law passed on the affirmative vote of a majority of the whole council, divide the municipality into wards.

31(2.1)Before making a by-law under subsection (2), or amending or repealing such a by-law, the council shall

31(2.2)No by-law under this section, nor the amendment or repeal of such a by-law, comes into force until it has been filed by the council with the Municipal Electoral Officer.

31(2.3)Notwithstanding subsection (2.2), in order for a by-law under this section to apply to a quadrennial election it must be filed with the Municipal Electoral Officer more than six months before the election.

31(3)Except where the territorial limits of a municipality are enlarged or altered, a by-law made under authority of this section shall not be repealed or amended so as to alter the limits of a ward until four years have elapsed from the making of the by-law or the last previous amendment thereof.

31(4)Subject to subsection (5) no by-law respecting the division of a municipality into wards shall be made, amended or repealed during the period of six months preceding the date fixed for the election of a council.

31(5)Subsection (4) does not apply during the six months preceding the date of the first elections under this Act.

31(6)Notwithstanding subsections (2), (3), (4) and (5), where after the commencement of this subsection, a municipality is divided into wards by an Order in Council made under section 19

31(7)If, after the commencement of subsection (6), a council of a municipality does not make a by-law under the authority of this section to take effect after the expiration of the four year period referred to in subsection (6) whereby the municipality is divided into wards, the division of the municipality into wards as set out in the Order in Council made under section 19 shall be deemed to be the division of the municipality into wards by by-law of the council made under the authority of this section until such time as the municipality makes a by-law under the authority of this section dividing the municipality into wards.

31(8)Notwithstanding subsection (6), the Lieutenant-Governor in Council may, within the four year period referred to in subsection (6), approve a by-law whereby the municipality is divided into wards not identical to the division of the municipality into wards under the Order in Council made under section 19.

31(9)If a municipality is divided into wards under subsection (2), only the voters resident in a ward shall vote for the candidates nominated for that ward.

33(1)A person elected to an office on a municipal council in a quadrennial election shall accept office by taking and subscribing to the oath of office in the form prescribed by the Minister on or before the first meeting of council.

33(2)A person elected to an office on a municipal council in a by-election shall accept office by taking and subscribing to the oath of office in the form prescribed by the Minister

33(2.01)A person elected to an office on a municipal council in a first election under section 19 shall accept office by taking and subscribing to the oath of office in the form prescribed by the Minister on the day fixed for the taking of the oath of office under the Order in Council made under section 19 in respect of that first election.

33(2.1)Notwithstanding subsection (1), (2) and (2.01), a person elected to office on a municipal council in a quadrennial election, a by-election or a first election under section 19 may accept office by taking and subscribing to the oath of office in the form prescribed by the Minister at any time following the person’s election where, for reasons of illness or unavoidable absence from the municipality, the person is unable to take and subscribe to the oath of office at or within the time prescribed under subsection (1), (2) or (2.01).

33(2.2)Notwithstanding subsections (1), (2), (2.01) and (2.1), where an application has been filed under section 41.1 or 42 of the Municipal Elections Act requesting that a recount of votes be made with respect to an election to office on a municipal council in a quadrennial election, a by-election or a first election under section 19, a person elected to such office shall not accept office by taking and subscribing to the oath of office until the person has been declared elected by the municipal returning officer or the judge conducting the recount.

33(2.3)Notwithstanding subsections (1), (2.01) and (2.1), unless a person’s election was by acclamation, a person elected to office on a municipal council in a quadrennial election, a by-election or a first election under section 19 shall not accept office by taking and subscribing to the oath of office before the expiration of the ten day period referred to in subsection 41.1(1) or 42(1) of the Municipal Elections Act following the person’s election.

33(3)No person shall take his seat on a council before he has accepted office as provided in this section.

33(4)The following may administer the oath:

33(5)Once administered, an oath shall be filed with the clerk and the clerk shall record in the minutes of council the taking of every oath under this section.

33(6)Except when excused by council, a person who fails to comply with this section commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category B offence.

33(7)A member of a council may resign his office by filing with the clerk his resignation in writing.

34(1)A vacancy results in the council when

34(2)A vacancy does not result where the number of members of a council of a municipality is increased under section 28 or 29.

35(1)Subject to subsections (2) and (3), the council shall by resolution within two months from the date that the vacancy arises, declare each vacancy resulting under subsection 34(1) excepting paragraph (a) thereof and resignations provided for in subsection 39(2), and within ten days of such declaration the clerk shall forward a certified copy of the resolution to the Municipal Electoral Officer who shall hold a by-election to fill the vacancy.

35(1.1)Where by reason of a vacancy in a council resulting under paragraphs 34(1)(b), (c), (d), (e), (f), (g) or (g.1) a quorum can no longer be constituted, the Minister shall declare the vacancy resulting therefrom and within ten days of such declaration the clerk shall forward a certified copy to the Municipal Electoral Officer who shall hold a by-election to fill the vacancy.

35(2)The Municipal Electoral Officer shall declare each vacancy resulting under paragraph 34(1)(a) and shall hold a by-election to fill it.

35(3)A by-election shall not be held during the twelve months immediately preceding the date of a quadrennial election provided that nothing herein shall prevent a by-election from being held during the twelve months immediately preceding the date of the first quadrennial election referred to in subsection 38(2) to fill a vacancy in a council to which subsection 38(2) applies.

35.1(1)If, as a result of a vacancy in council resulting under paragraph 34(1)(a), a quorum cannot be constituted, the Minister may reduce a council’s quorum requirements until the vacancy is filled by a by-election under subsection 35(2).

35.1(2)If, after the Municipal Electoral Officer has given two Notices of Election for a by-election, there are still insufficient members for a quorum to be constituted, the reduction in quorum requirements under subsection (1) shall remain in place until the next quadrennial election.

35.2(1)If by reason of paragraph 34(1)(a) a vacancy in a council exists and the vacancy remains after the Municipal Electoral Officer has given two Notices of Election for a by-election, the Minister may reduce the composition of the council by the number of vacancies on council.

35.2(2)The Minister shall file a reduction in council composition under subsection (1) with the Municipal Electoral Officer and the reduction shall remain in place until the composition of council is changed by a by-law under section 28 or 29, as the case may be.

36(1)The mayor of a municipality shall

36(1.1)Notwithstanding subsection (1), the mayor of a municipality is subject to the direction and control of council and shall abide by the decisions of council.

36(2)In the absence or inability of the mayor to act, of if the office of mayor is vacant, the deputy mayor shall act in the place of the mayor, and while so acting, he possesses the powers and shall perform the duties of the mayor.

36(2.1)A councillor of a municipality shall

36(3)The council of a municipality, by by-law approved by a majority of those voting, may provide for the payment to the mayor and councillors of

38(1)Quadrennial elections shall be held on the second Monday in May for the year 2004 and every fourth year thereafter.

38(2)Where a first election is held for a municipality in accordance with paragraph 19(1)(e) within one year prior to a date fixed for a quadrennial election, the second election for that municipality shall be held at the second subsequent quadrennial election thereafter.

39(1)A member of council is elected to hold office until the first meeting of an incoming council following a quadrennial election.

39(1.2)Subject to subsection (2), a member who resigns is not qualified to be a candidate at a by-election held to fill the vacancy created by his resignation.

39(2)Before a member of a council may file nomination papers for any other office of council in a by-election, he shall resign his office as a member not less than twenty-one days before the day fixed for the close of nominations and shall forthwith send notice of such resignation to the Municipal Electoral Officer.

39(3)The Municipal Electoral Officer shall, upon receipt of the resignation notice referred to in subsection (2), forthwith declare a vacancy and call for nominations to fill the vacancy so that the vacancy may be filled at the time of the by-election mentioned in subsection (2).

39.1(1)During the period commencing on the day of a quadrennial election and ending on the day of the first meeting of an incoming council, the council of a municipality shall continue to exercise its powers in relation to the day-to-day activities of the municipality but shall not

39.1(2)If a council acts in contravention of subsection (1), that action is void and has no force or effect.

39.1(3)Notwithstanding subsections (1) and (2), a council may do those things referred to in subsection (1) if

39.1(4)This section applies with the necessary modifications to a rural community council.

68(1)The council of a municipality may order a plebiscite on any matter within its powers.

68(2)A plebiscite in any municipality may be held

68(5)When sixty per cent of those who vote in a plebiscite under this section do so in the affirmative, the council shall forthwith implement the proposal.

68(6)Subject to subsection (7), subsections (1) to (5) apply with the necessary modifications to a rural community.

68(7)A rural community may not order a plebiscite with respect to the provision or discontinuance of a service by the rural community.

68.1(1)A council of a municipality may order a plebiscite on the matter of a proposed change of name of the municipality.

68.1(2)A plebiscite referred to in subsection (1) shall be held in accordance with subsection 68(2).

68.1(3)When sixty per cent of those who vote in a plebiscite under this section do so in the affirmative, the council shall forthwith recommend to the Minister that the name of the municipality be changed by the Lieutenant-Governor in Council.

68.1(4)Notwithstanding any other Act, upon the recommendation of the Minister, the Lieutenant-Governor in Council may by order change the name of the municipality making the recommendation.

68.11(1)Notwithstanding section 68.1, a council of a municipality may

68.11(2)The Minister shall, in writing, either grant or deny a request made under paragraph (1)(a).

68.11(3)Notwithstanding any other Act, if the Minister grants a request under subsection (2), upon the recommendation of the Minister, the Lieutenant-Governor in Council may by order change the name of the municipality making the recommendation.

68.2(1)The council of a municipality may recommend to the Minister that the name of the municipality be changed by the Lieutenant-Governor in Council where the change in the name of the municipality relates to the word “city”, “town” or “village” in either or both official languages.

68.2(2)Notwithstanding any other Act, upon the recommendation of the Minister, the Lieutenant-Governor in Council may by order change the name of a municipality where the change relates to the word “city”, “town” or “village” in either or both official languages.

73(1)If a person disqualified or declared incapable of holding office under this or any other Act is nevertheless elected and returned as a member of a council, his election and return is void.

73(2)Every person who is disqualified or declared incapable of holding office and who nevertheless sits or votes, or continues to sit or vote, in a council commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category E offence.

74(1)The council of a municipality may appoint a chief administrative officer for the municipality.

74(2)The council of every municipality shall appoint a clerk, a treasurer and an auditor.

74(3)The council of a municipality may appoint an assistant clerk, an assistant treasurer, an engineer, a building inspector, a solicitor and such other officers as are necessary for the administration of the municipality.

74(4)A person may be appointed to more than one office.

74(5)With the exception of auditors, all officers employed solely by the municipality on a full time basis and appointed under this section, are entitled, subject to section 85 and subsection (6), to hold office until retirement, death, resignation, or dismissal for cause by the affirmative vote of at least two thirds of the whole council.

74(6)Subsection (5) does not apply to a person in respect of whom a resolution has been made under subparagraph 19(9.1)(b)(i), (ii) or (iii).

76(1)The clerk of a municipality is the clerk of the council and shall

76(2)The assistant clerk is subject to the directions of the clerk and, in the absence or disability of the clerk or when there is no clerk, has all the powers and duties of the clerk.

77(1)The treasurer is the chief financial and accounting officer of the municipality and shall

77(2)The assistant treasurer is subject to the directions of the treasurer and, in the absence or disability of the treasurer or when there is no treasurer, has all the powers and duties of the treasurer.

78(1)The mayor or such other person as the council appoints, shall sign jointly with the treasurer all cheques issued by the municipality.

78(2)The council may provide by resolution that any signature required by this section be reproduced.

80(1)No person who is not a member of the Law Society of New Brunswick shall be appointed or hold the office of solicitor of a municipality.

80(2)Notwithstanding that the remuneration of a solicitor of or counsel to a municipality is paid wholly or partly by salary, the municipality is entitled to tax and collect lawful costs in all actions and proceedings to which it is a party.

82(1)A council shall not appoint as an auditor of the municipality a person who is not a chartered accountant or a certified general accountant.

82(2)The auditor shall perform such duties as prescribed by the regulations or the council.

82(3)The auditor shall complete the annual audit by the first day of March.

82(4)Within ten days after completing the annual audit of the municipality the auditor shall transmit to the Minister a certified copy of the financial statements of the municipality together with a copy of his report thereon.

82(5)The Minister

82(6)When a council fails to appoint an auditor or the appointment of an auditor is cancelled by the Minister, the Minister may appoint an auditor for the municipality and the council shall pay the fees and expenses of the auditor so appointed.

84(1)Each municipality by by-law shall provide for the annual bonding of the officers and employees listed in the by-law.

84(3)The municipality shall pay the premiums in respect of bonds given under this section.

84(4)The council shall

84(5)The municipality shall provide for the safe keeping of bonds in a place where they are available for inspection by the auditor.

84(6)The auditor in his annual report shall include such information respecting bonds as is prescribed by regulation.

85(1)No person who has been elected to a council is eligible for appointment as an officer of or employment by the municipality during the term of office referred to in subsection 39(1), unless the person

85(2)Subsection (1) does not apply when the employment is rendered voluntarily.

85.1(1)Except in relation to an action by or on behalf of the municipality, in which case the approval of The Court of Queen’s Bench of New Brunswick must first be obtained, a municipality may indemnify a member or former member of council, an officer or former officer of the municipality, an employee or former employee of the municipality or a member or former member of a committee, board, commission or agency established by council, and his or her heirs and legal representatives, against all costs, charges and expenses, including any amount paid to settle an action or satisfy a judgment, reasonably incurred by him or her in relation to any civil, criminal or administrative action or proceeding to which he or she is made a party by reason of being or having been a member of council, an officer or employee of the municipality or a member of a committee, board, commission or agency established by council, if he or she

85.1(2)Notwithstanding anything in this section, a person referred to in subsection (1) is entitled to indemnity from the municipality in relation to all costs, charges and expenses reasonably incurred in connection with the defence of any civil, criminal or administrative action or proceeding to which that person is made a party by reason of being or having been a member of council, an officer or employee of the municipality or a member of a committee, board, commission or agency established by council if the person seeking indemnity

85.1(3)A municipality may purchase and maintain insurance for the benefit of any person referred to in subsection (1) against any liability incurred by that person

85.1(4)A municipality or a person referred to in subsection (1) may apply to The Court of Queen’s Bench of New Brunswick for an order approving an indemnity under this section and the Court may so order and make any further order it thinks fit.

85.1(5)On an application under subsection (4), the Court may order notice to be given to any interested person and that person is entitled to appear or be represented and be heard in person or by counsel.

85.1(6)For the purposes of this section, an employee includes a person who provides volunteer services at the request of and on behalf of a municipality.

87(1)The fiscal year of every municipality is the calendar year.

87(2)Each year on or before a date to be fixed by regulation, every municipality shall adopt by resolution and submit to the Minister for approval in the prescribed form

87(2.001)For the year 2010 or any subsequent year, the rate to be used in paragraph (2)(c) shall be the rate determined under subsection 5.01(2) of the Real Property Tax Act or adopted under paragraph 5.01(3)(b) of that Act, as the case may be.

87(2.01)A municipality shall provide, in the prescribed form referred to in subsection (2), the sources and the estimates from those sources by which the difference in amount between the estimate under paragraph (2)(a) and the estimate under paragraph (2)(b) is to be raised.

87(2.1)When computing the municipal tax base for the purposes of paragraph (2)(b), the assessed value of real property in a municipality owned by the Crown in right of Canada shall be the amount determined by the Minister in accordance with subsection (2.2).

87(2.2)The assessed value of real property in a municipality owned by the Crown in right of Canada shall be determined by the Minister by making

87(3)If the estimate under paragraph (2)(a) is not approved by the Minister, the municipality shall adopt by resolution

87(3.1)Upon the approval of the Minister, the rate adopted under this section is the rate fixed for the purposes of the Real Property Tax Act.

87(3.2)Failure to pass a resolution under this section does not invalidate the rate fixed under subsection (3.1).

87(4)Where the municipal services vary in different areas of the municipality to a degree that, in the opinion of the Council, warrants an adjustment of the rate fixed in paragraph (2)(c), the municipality may fix different rates for different areas, or portions thereof, accordingly.

87(5)Where an unincorporated area is annexed to a municipality, the municipality, with the approval of the Lieutenant-Governor in Council and subject to the terms and conditions set by the Lieutenant-Governor in Council, may for a period not exceeding five years fix a rate that is different than the rate fixed in paragraph (2)(c) or subsection (4) for real property that

87(6)Where a municipality fixes a rate under subsection (4) or (5), the municipality shall adjust the rate fixed in paragraph (2)(c) so that the amount of the estimate under paragraph (2)(b) remains the same.

87.1(1)Where an amount paid by the Province to a municipality in respect of a grant under the Payments in Lieu of Taxes Act (Canada) for a fiscal year is less than the amount actually received by the Province,

87.1(2)Where a payment made by the Province to a municipality in respect of a grant under the Payments in Lieu of Taxes Act (Canada) for a fiscal year exceeds the amount actually received by the Province,

88(1)The following shall be available for inspection or examination by members of the public in the office of the clerk during regular office hours:

88(2)Notwithstanding subsection (1), the minutes of any meeting or portion of a meeting of council or a committee of council that was closed to the public pursuant to subsection 10.2(4), shall not be open for inspection or examination by members of the public.

89(1)Subject to this section and the Municipal Capital Borrowing Act, a municipality may borrow money for municipal purposes.

89(2)A municipality shall not, in any one year, borrow for its current operations any money in excess of the sum represented by four per cent of the budget of that municipality for that year or five thousand dollars, whichever is the greater.

89(3)Subject to subsection (4), a municipality shall not, in any one year, borrow for capital expenditures any money in excess of the sum represented by two per cent of the assessed value of real property in that municipality.

89(4)Subject to subsection (5), where sixty per cent of those voting at a plebiscite held for authority to borrow in excess of the sum mentioned in subsection (3) vote in the affirmative a municipality may borrow the sum authorized by the plebiscite.

89(5)Subject to subsection (6), no municipality may borrow any money for capital expenditures

89(6)The money borrowed under subsections (3) and (5) is deemed to be the net amount of money borrowed.

89(7)For the purposes of this section any money borrowed by a municipality under section 111 or for the construction or renovation of an electric power, water or sanitary sewerage system is not considered as money borrowed.

89(8)The council of a municipality having an audited general fund surplus at the end of a fiscal year shall cause such surplus to be credited to the current fund for the second next ensuing year.

89(9)The council of a municipality having an audited general fund deficit at the end of a fiscal year shall cause such deficit to be debited against the current fund for the second next ensuing year.

90.01(1)Subject to subsection (4), a municipality may, by resolution of council,make grants to the following upon such terms and conditions as determined by council:

90.01(2)A municipality may make a grant under this section where the grant may only benefit a portion of the municipality or some of its residents.

90.01(3)A municipality may make a grant under this section to a recipient who is, or whose facilities, programs or activities are, primarily or wholly located or carried on outside of the municipality if council is of the opinion that some or all of the residents of the municipality may benefit from the grant.

90.01(4)A municipality shall not make a grant under this section that either directly or indirectly reduces or reimburses the taxes or utility charges paid or payable to the municipality by the recipient of the grant.

90.01(5)When making or refusing to make a grant under this section, a municipality may differentiate between potential recipients as to the making of the grant, the amount of the grant or any terms and conditions imposed on the grant.

90.01(6)This section applies with the necessary modifications to a rural community.

90.2(1)Subject to subsection (1.1) and section 90.3, for the purposes of this Act a member or a senior appointed officer has a conflict of interest if

90.2(1.1)A member or a senior appointed officer does not have a conflict of interest by reason of a family associate’s interest as described in paragraph (1)(a), (b), (c) or (d) unless the member or senior appointed officer knew or ought reasonably to have known of the family associate’s interest.

90.2(2)A member who belongs to or is employed by a trade union that has or is seeking to enter into a collective agreement with the municipality or any local board appointed by it on behalf of employees of the municipality or local board has a conflict of interest with respect to any matter relating to the administration or negotiation of the collective agreement.

90.4(1)Upon the coming into force of this section, and thereafter upon assuming office, each member shall file with the clerk in the form prescribed by regulation a statement disclosing any conflict of interest of which he has knowledge or should reasonably have knowledge; but a member need not disclose particulars of his financial interest or the extent of any interest in any matter giving rise to a conflict of interest.

90.4(2)A disclosure similar to that described in subsection (1) shall forthwith be made by each member where a conflict of interest arises while he is in office.

90.4(3)Where a member has a conflict of interest with respect to any matter in which the council or local board is concerned and he is present at a meeting of council or the local board, a meeting of a committee of council or the local board, or any other meeting at which business of council or the local board is conducted, at which the matter is a subject of consideration he shall,

90.5(1)Upon the coming into force of this section, and thereafter upon assuming office, a senior appointed officer shall file with the clerk in the form prescribed by regulation a statement disclosing any conflict of interest of which he has knowledge or should reasonably have knowledge; but a senior appointed officer need not disclose particulars of his financial interest or the extent of any interest in any matter giving rise to a conflict of interest.

90.5(2)A disclosure similar to that described in subsection (1) shall forthwith be made by each senior appointed officer where a conflict of interest arises while he is in office.

90.6(1)Every disclosure of interest filed under subsection 90.4(1) or (2) or under section 90.5 shall be recorded and kept in a file by the clerk, and that file shall be open during regular office hours for inspection or examination by any person qualified to vote under the Municipal Elections Act or resident in the area for which the local board was established and qualified to vote under the Elections Act.

90.6(2)Every verbal declaration made under subsection 90.4(3) shall be recorded in the minutes of the meeting by the person responsible therefor.

90.6(3)The date for determining whether the elector qualifications under the Elections Act or Municipal Elections Act are met shall be the date of the making of the examination or inspection, as the case may be.

90.7(1)Where the number of members who, by reason of the provisions of this Act, are required to withdraw from a meeting is such that at that meeting the remaining members are not of sufficient number to constitute a quorum, notwithstanding any other general or special Act the remaining members shall be deemed to constitute a quorum if there are not fewer than three.

90.7(2)Where there are insufficient remaining members to constitute what is deemed to be a quorum pursuant to subsection (1), the council or local board may apply to the Minister for an order authorizing it to consider, to discuss and to vote on the matter with respect to which the conflict of interest has arisen.

90.7(3)The Minister may, on application brought under subsection (2), by order declare that, notwithstanding this Act, the council or local board or certain members thereof may consider, discuss and vote on the matter raised in the application as if a conflict of interest did not exist, subject only to such conditions and directions as the Minister may consider appropriate and so order.

90.8(1.1)Subsection (1) does not apply to a senior appointed officer who, within the scope of his employment, provides to a council or a local board, or to a committee of a council or a local board, advice on a matter with respect to which he has a conflict of interest, at the request of the council, local board or committee made with knowledge of the conflict.

90.8(2)A member or senior appointed officer shall not

90.9(1)Subject to subsection (2),

90.9(2)Notwithstanding that an offence has been committed under subsection (1), the Court may give an absolute discharge to any person where

90.9(3)A prosecution may be instituted with respect to an offence under subsection (1) at any time within three years after the offence was committed.

91(1)In this section “amusement device” means a machine, contrivance or device that,

91(2)A council by by-law may provide for the licensing of amusement devices.

91(3)Without restricting the generality of subsection (2) the council by such by-law

91.1(1)No person shall loiter unless such person, when required to do so, justifies his reason for doing so.

91.1(2)No person shall beg or solicit from door to door or in a public place except as may be authorized by the municipality.

91.1(3)A person who violates this section commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category B offence.

92(1)No person requires, in a municipality or a rural community, a licence to sell or to solicit orders for any book approved by the Lieutenant-Governor in Council under the provisions of this section unless the council of the municipality or the rural community council, as the case may be, enacts a by-law specifically requiring the person to obtain a licence and to pay a licence fee not exceeding twenty dollars.

92(2)The Lieutenant-Governor in Council may, by order in council, approve a book for the purposes of this section.

92(3)A person who, in the course of selling or soliciting orders for any book, indicates in any way that the book has been approved by the Lieutenant-Governor in Council commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category E offence.

94(1)A council may by by-law adopt a code approved under section 93 or a portion of such a code, with or without setting forth its provisions.

94(2)Where a council adopts a code under subsection (1) without setting forth its provisions, any penalty clauses contained in the code shall be deemed not to have been adopted.

94(3)Where a council makes a by-law respecting standards for maintenance and occupancy of buildings and premises, any provision of the by-law that conflicts with a provision of the code approved by the Lieutenant-Governor in Council under paragraph 93(a) or that is not contained in the code has no affect unless approved by the Minister.

94(4)Before making a by-law under subsection (1) or (3) the council shall

94(5)Where a by-law made pursuant to subsection (1) or (3) is in force in a municipality, the clerk shall keep available in his office for public examination a copy of the code or portion thereof adopted.

94.2(1)In this section

94.2(2)A person who is leasing a dwelling or dwelling unit to another person shall ensure that the dwelling or dwelling unit complies at all times with the standards provided for pursuant to a by-law under subsection 94(1) or (3).

94.2(3)A person who violates or fails to comply with subsection (2) commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category F offence.

94.2(4)Notwithstanding subsection 56(6) of the Provincial Offences Procedure Act, the minimum fine that may be imposed by a judge under that Act in respect of an offence under subsection (3) shall be one thousand dollars.

94.2(5)Where an offence under subsection (3) continues for more than one day,

95(1)A council may make by-laws regulating the time after which children of defined ages are not to be in a public place at night without proper supervision.

95(2)A child below the defined age or apparently so found in a public place after the time appointed may be ordered to his home by any peace officer, and in case of refusal he may be dealt with as a child whose security or development may be in danger under the Family Services Act.

95(3)A parent who permits his child to violate a by-law made under this section commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category B offence.

95.1(1)The Lieutenant-Governor in Council may make regulations prescribing the minimum standards relating to the establishment, operation and maintenance of shops, kennels and places that are in the business of dealing in and with pets.

95.1(2)Subject to subsection (3), regulations made pursuant to subsection (1) have effect throughout the Province of New Brunswick.

95.1(3)A municipality may by by-law provide for additional and higher standards relating to the establishment, operation and maintenance of shops, kennels and places that are in the business of dealing in and with pets than those standards prescribed pursuant to subsection (1).

95.1(5)A person who fails to comply with the standards prescribed under subsection (1) or (3) commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category C offence.

96(0.1)For the purposes of this section, an animal that is defined by partial breed is defined by reference to the breed of either its dam or sire.

96(1)Subject to subsection (2), the council of a municipality may make by-laws

96(2)The Lieutenant-Governor in Council may make regulations respecting exceptions to any of the powers to make by-laws given to the council of a municipality under subsection (1).

96(3)Subject to subsection (4), notwithstanding that specific powers are given in paragraphs (1)(a) to (i) to the council of a municipality to make by-laws in relation to animals, no person, court, tribunal or other body shall construe the giving of those specific powers so as to limit the general powers given in paragraph (1)(j) and paragraph (1)(j) shall be construed so as to give the council the broadest possible powers to make by-laws that the council considers advisable and necessary respecting animals within the municipality, subject to any exceptions that the Lieutenant-Governor in Council may establish under subsection (2).

96(4)If a conflict exists between any by-law made under subsection (1) and the provisions of this Act, any other Act of the Legislature or any Act of the Parliament of Canada or any regulation or statutory instrument made under any of those Acts, the provisions of those Acts or of the regulation or statutory instrument, as the case may be, shall prevail.

96(5)A person who fails to comply with the provisions of an order made under the provisions of a by-law under paragraph (1)(b) commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category B offence.

97(1)In this section, “closed” means not open for the service of a customer.

97(2)A council may make by-laws requiring retail businesses to be closed and remain closed during the whole or any part of any day as the by-law specifies.

97(3)Without restricting the generality of subsection (2) the council may by such by-laws

97(4)A by-law requiring a class of retail businesses to close and remain closed during any period of time may provide that during the period one or more of such retail businesses, as designated in writing by an official named by the council, may remain open on the days and between the hours specified in the written designation.

97(5)If

97(6)A by-law does not prohibit the continuance in a retail business after the hour specified for the closing thereof of any customers in the establishment immediately before that hour or the serving of such customers during their continuance therein.

97(7)A by-law made under this section does not apply to

98(1)A council may make by-laws

98(2)A by-law made under this section may be limited in its operation to particular areas specified in the by-law.

98(3)A person who fails to comply with the provisions of any by-law made under this section commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category B offence.

99(1)Notwithstanding the Mining Act and section 100, a council may make a by-law respecting the safe operation and maintenance of gravel pits being operated within the municipality and gravel pits no longer in operation within the municipality, and may in the by-law prescribe fines for violations of the provisions thereof to a maximum of five hundred dollars for a single violation and one hundred dollars a day for each day that the violation continues.

99(2)Where a council has made a by-law under subsection (1), the council may order any work that it deems necessary for the safety of persons to be done in or around a gravel pit and the expense of the work is a debt owed by the owner of the gravel pit to the municipality.

100(1)Subject to this Act, a council may by by-law