BILL 11

 

An Act Respecting Rural Communities

 

Chapter Outline

 

Agricultural Land Protection and Development Act................................................................... 1

Archives Act....................................................................................................................................... 2

Assessment Act.................................................................................................................................. 3

Assessment and Planning Appeal Board Act................................................................................ 4

Auctioneers Licence Act................................................................................................................... 5

Auditor General Act......................................................................................................................... 6

Boundaries Confirmation Act......................................................................................................... 7

Business Improvement Areas Act.................................................................................................... 8

Cemetery Companies Act................................................................................................................. 9

Clean Environment Act.................................................................................................................. 10

Clean Water Act.............................................................................................................................. 11

Community Planning Act............................................................................................................... 12

Companies Act................................................................................................................................ 13

Conservation Easements Act........................................................................................................ 14

Consumer Product Warranty and Liability Act......................................................................... 15

Control of Municipalities Act....................................................................................................... 16

Coroners Act................................................................................................................................... 17

Corrections Act............................................................................................................................... 18

Crown Lands and Forests Act....................................................................................................... 19

Days of Rest Act.............................................................................................................................. 20

Easements Act................................................................................................................................. 21

Education Act.................................................................................................................................. 22

Elections Act.................................................................................................................................... 23

Electricity Act.................................................................................................................................. 24

Elevators and Lifts Act................................................................................................................... 25

Emergency 911 Act......................................................................................................................... 26

Emergency Measures Act.............................................................................................................. 27

Evidence Act.................................................................................................................................... 28

Expropriation Act........................................................................................................................... 29

Financial Administration Act........................................................................................................ 30

Fire Prevention Act........................................................................................................................ 31

Gas Distribution Act, 1999........................................................................................................... 32

Health Act........................................................................................................................................ 33

Highway Act.................................................................................................................................... 34

Industrial Relations Act................................................................................................................. 35

Insurance Act................................................................................................................................... 36

Judicature Act................................................................................................................................. 37

Land Titles Act................................................................................................................................ 38

Liquor Control Act......................................................................................................................... 39

Loan and Trust Companies Act.................................................................................................... 40

Mechanics' Lien Act........................................................................................................................ 41

Motor Carrier Act........................................................................................................................... 42

Motor Vehicle Act........................................................................................................................... 43

Municipal Assistance Act............................................................................................................... 44

Municipal Capital Borrowing Act................................................................................................ 45

Municipal Debentures Act............................................................................................................. 46

Municipal Elections Act................................................................................................................. 47

Municipal Heritage Preservation Act......................................................................................... 48

Municipalities Act........................................................................................................................... 49

Municipal Thoroughfare Easements Act..................................................................................... 50

New Brunswick Highway Corporation Act................................................................................. 51

New Brunswick Housing Act......................................................................................................... 52

New Brunswick Municipal Finance Corporation Act................................................................ 53

New Brunswick Public Libraries Act............................................................................................ 54

Occupational Health and Safety Act............................................................................................ 55

Off-Road Vehicle Act...................................................................................................................... 56

Ombudsman Act.............................................................................................................................. 57

Parks Act.......................................................................................................................................... 58

Pension Benefits Act....................................................................................................................... 59

Personal Property Security Act.................................................................................................... 60

Plumbing Installation and Inspection Act................................................................................... 61

Police Act......................................................................................................................................... 62

Private Investigators and Security Services Act........................................................................ 63

Provincial Offences Procedure Act.............................................................................................. 64

Provincial Offences Procedure for Young Persons Act............................................................ 65

Public Health Act............................................................................................................................ 66

Public Purchasing Act.................................................................................................................... 67

Public Records Act.......................................................................................................................... 68

Public Service Superannuation Act............................................................................................. 69

Public Utilities Act.......................................................................................................................... 70

Quieting of Titles Act..................................................................................................................... 71

Real Property Tax Act.................................................................................................................... 72

Regional Development Corporation Act..................................................................................... 73

Regional Health Authorities Act.................................................................................................. 74

The Residential Tenancies Act...................................................................................................... 75

Service New Brunswick Act........................................................................................................... 76

Small Business Investor Tax Credit Act...................................................................................... 77

Society for the Prevention of Cruelty to Animals Act................................................................ 78

Statistics Act.................................................................................................................................... 79

Surety Bonds Act............................................................................................................................. 80

Teachers' Pension Act.................................................................................................................... 81

Telephone Companies Act............................................................................................................. 82

Time Definition Act......................................................................................................................... 83

Tobacco Tax Act.............................................................................................................................. 84

Tourism Development Act............................................................................................................. 85

Unconscionable Transactions Relief Act.................................................................................... 86

Underground Storage Act............................................................................................................. 87

Unsightly Premises Act.................................................................................................................. 88

Workers' Compensation Act.......................................................................................................... 89

Transitional provisions............................................................................................................. 90, 91

Conditional amendments.......................................................................................................... 92, 93

Commencement............................................................................................................................... 94

 

 

Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:

 

Agricultural Land Protection and Development Act

1(1)             Section 1 of the Agricultural Land Protection and Development Act, chapter A-5.11 of the Acts of New Brunswick, 1996, is amended

 

(a)          in the definition "local government" by striking out "rural community committee" and substituting "rural community";

 

(b)          by repealing the definition "rural community committee" and substituting the following:

 

"rural community council" means a rural community council as defined in section 1 of the Municipalities Act.

 

1(2)             Section 10 of the Act is amended

 

(a)          in subsection (1) by striking out ", other than a rural community,";

 

(b)          in subsection (2) in the portion preceding paragraph (a) by striking out ", other than a rural community,";

 

(c)          in subsection (3) in the portion preceding paragraph (a) by striking out "rural community committee" and substituting "rural community council".

 

1(3)             Section 21 of the Act is amended

 

(a)          in paragraph (1)(b) in the definition "non-conforming use" by striking out "rural community committee" and substituting "rural community council";

 

(b)          in subsection (9) in section 77.03

 

(i)      in subsection (1) by striking out "rural community committee" wherever it appears and substituting "rural community council";

 

(ii)     in subsection (2) in the portion preceding paragraph (a) by striking out "rural community committee" wherever it appears and substituting "rural community council";

 

(iii)   in subsection (3)

 

(A)         in subparagraph (d)(ii) by striking out "rural community committee" and substituting "rural community council";

 

(B)         in paragraph (e)

 

(I)      in subparagraph (i) by striking out "rural community committee" wherever it appears and substituting "rural community council";

 

(II)    in subparagraph (ii) by striking out "rural community committee" wherever it appears and substituting "rural community council";

 

(III)   in subparagraph (iii) by striking out "rural community committee" and substituting "rural community council";

 

(IV)   in subparagraph (iv) by striking out "rural community committee" wherever it appears and substituting "rural community council";

 

(iv)    in subsection (4) in the portion preceding paragraph (a) by striking out "rural community committee" wherever it appears and substituting "rural community council";

 

(v)     in subsection (5)

 

(A)         in subparagraph (b)(ii) by striking out "rural community committee" and substituting "rural community council";

 

(B)         in paragraph (c)

 

(I)      in subparagraph (i) by striking out "rural community committee" wherever it appears and substituting "rural community council";

 

(II)    in subparagraph (ii) by striking out "rural community committee" wherever it appears and substituting "rural community council";

 

(III)   in subparagraph (iii) by striking out "rural community committee" and substituting "rural community council";

 

(IV)   in subparagraph (iv) by striking out "rural community committee" wherever it appears and substituting "rural community council";

 

(vi)    in subsection (6) by striking out "rural community committee" and substituting "rural community council".

 

Archives Act

2                  Paragraph 5(1)(d) of the Archives Act, chapter A-11.1 of the Acts of New Brunswick, 1977, is amended by striking out "departments and municipalities" and substituting "departments, municipalities and rural communities".

 

Assessment Act

3(1)             Section 1 of the Assessment Act, chapter A-14 of the Revised Statutes, 1973, is amended in paragraph (k) of the definition "real property" by striking out "municipality" and substituting "municipality or rural community".

 

3(2)             Subsection 3(2) of the Act is repealed and the following is substituted:

 

3(2)             Notwithstanding any private or special Act, where no other provision is made under this Act or the Real Property Tax Act, all municipal, rural community or local taxes or rates on real property shall be calculated and levied on the whole of the assessment or assessments made under this Act on real property within the municipality, rural community or school district.

 

3(3)             Paragraph 4(1)(i) of the Act is amended by striking out "a municipality" and substituting "a municipality or rural community".

 

3(4)             Section 7.1 of the Act is amended

 

(a)          in subsection (1) by striking out "not-for-profit organization or municipality" and substituting "not-for-profit organization, municipality or rural community";

 

(b)          in subsection (6) by striking out "not-for-profit organization or municipality" and substituting "not-for-profit organization, municipality or rural community";

 

(c)          in subsection (8) by striking out "not-for-profit organization or municipality" and substituting "not-for-profit organization, municipality or rural community".

 

3(5)             Section 16 of the Act is amended

 

(a)          in subsection (5) by striking out "municipality" and substituting "municipality or rural community";

 

(b)          in paragraph (7)(a) by striking out "municipality" and substituting "municipality or rural community".

 

3(6)             Subsection 17(3) of the Act is amended by striking out "municipal" and substituting "municipal or rural community".

 

3(7)             Subparagraph 29(1.2)(a)(ii) is repealed and the following is substituted:

 

(ii)     if a reference is made under subsection 25(1) and the appeal is by the person in whose name the real property is assessed,

 

(A)         the clerk of the municipality if the real property is located in a municipality,

 

(B)         the rural community clerk if the real property is located in a rural community, or

 

(C)         the Minister of the Environment and Local Government if the real property is not located in a municipality or rural community, and

 

Assessment and Planning Appeal Board Act

4                  Paragraph 14(2)(b) of the Assessment and Planning Appeal Board Act, chapter A-14.3 of the Acts of New Brunswick, 2001, is amended by striking out "the council of the municipality" and substituting "the council of the municipality or the rural community council, as the case may be".

 

Auctioneers Licence Act

5(1)             Paragraph 5(b) of the Auctioneers Licence Act, chapter A-17 of the Revised Statutes, 1973, is amended by striking out "a municipality" and substituting "a municipality or rural community".

 

5(2)             Section 7 of the Act is amended by striking out "a municipality" and substituting "a municipality or rural community".

 

Auditor General Act

6                  Subsection 5(1) of the Auditor General Act, chapter A-17.1 of the Acts of New Brunswick, 1981, is amended

 

(a)          in paragraph (a) by striking out "municipal office" and substituting "municipal or rural community office";

 

(b)          in paragraph (b) by striking out "federal or municipal" and substituting "federal, municipal or rural community".

 

Boundaries Confirmation Act

7                  Section 6 of the Boundaries Confirmation Act, chapter B-7.2 of the Acts of New Brunswick, 1994, is amended

 

(a)          in subsection (2) by adding after paragraph (c) the following:

 

(c.1)        if the boundary in question is located wholly or partly within a rural community, the rural community council,

 

(b)          by repealing subsection (3) and substituting the following:

 

6(3)             A Minister appointed under the Executive Council Act, the council of a municipality, a rural community council or any other authority having jurisdiction over a public highway may apply to the Registrar General, in the prescribed form, to confirm the location of a boundary or the boundaries of a public highway over which the Minister, council, rural community council or other authority has jurisdiction.

 

Business Improvement Areas Act

8                  The Business Improvement Areas Act, chapter B-10.2 of the Acts of New Brunswick, 1985, is amended by adding after section 1 the following:

 

1.1               This Act and any regulations under this Act apply with the necessary modifications to a rural community incorporated under section 190.072 of the Municipalities Act.

 

Cemetery Companies Act

9(1)             Subsection 5(1) of the Cemetery Companies Act, chapter C-1 of the Revised Statutes, 1973, is repealed and the following is substituted:

 

5(1)             No person shall establish, alter or extend a cemetery, either public or private, without the approval of the following:

 

(a)          the Minister;

 

(b)          the Lieutenant-Governor in Council; and

 

(c)           if the cemetery is or will be situated

 

(i)      in a municipality, the council of the municipality,

 

(ii)     in a rural community, the rural community council, or

 

(iii)   in an unincorporated area, the Minister of the Environment and Local Government.

 

9(2)             Section 7 of the Act is amended

 

(a)          by repealing subsection (1) and substituting the following:

 

7(1)             Where a cemetery is situated in a municipality or rural community, the municipality or rural community, as the case may be, may make by-laws with respect to the enclosure of cemeteries by walls or fences.

 

(b)          in subsection (2) by striking out "a municipality" and substituting "a municipality or rural community".

 

9(3)             Subsection 24(1) of the Act is amended by striking out "municipality" and substituting "municipality or rural community".

 

Clean Environment Act

10(1)          Section 1 of the Clean Environment Act, chapter C-6 of the Revised Statutes, 1973, is amended in the definition "person" by striking out "a municipality" and substituting "a municipality, a rural community".

 

10(2)          Paragraph 15(1)(d) of the Act is repealed and the following is substituted:

 

(d)          a municipality or rural community; and

 

10(3)          Subsection 15.1(1) of the Act is amended

 

(a)          in subparagraph (a)(i) by striking out "a municipality" and substituting "a municipality, a rural community";

 

(b)          in paragraph (c) by striking out "the municipality" and substituting "a municipality or rural community".

 

10(4)          Section 15.4 of the Act is amended

 

(a)          in subsection (1) by adding after paragraph (a) the following:

 

(a.1)       one member for each participating rural community, appointed by the rural community that the member represents;

 

(b)          in subsection (5) by striking out "the municipality" and substituting "the municipality, the rural community";

 

(c)          in subsection (6) by adding after paragraph (a) the following:

 

(a.1)       to the rural community, if the member represents a participating rural community,

 

(d)          by adding after subsection (7) the following:

 

15.4(7.1)    A participating rural community may at any time remove from office the member of a regional solid waste commission who was appointed by the rural community, and may appoint a member to complete the term of office of the member who was removed.

 

10(5)          Section 15.7 of the Act is amended

 

(a)          in subsection (1) by striking out "to each participating municipality" and substituting "to each participating municipality, to each participating rural community";

 

(b)          by repealing subsection (4) and substituting the following:

 

15.7(4)       If a regional solid waste commission defaults in any payment required to be made by the regional solid waste commission, the participating municipalities, the participating rural communities, the participating unincorporated areas other than participating Indian reserves, and the band councils of the participating Indian reserves are liable for the payment in portions equivalent to the ratio that the population of the municipality, rural community, unincorporated area or Indian reserve bears to the total population of the participating municipalities, participating rural communities, participating unincorporated areas other than participating Indian reserves, and participating Indian reserves.

 

10(6)          Subsection 15.8(3) of the Act is amended by striking out "Participating municipalities" and substituting "Participating municipalities, participating rural communities".

 

10(7)          Paragraph 32(f.4) of the Act is amended by striking out "to participating municipalities" and substituting "to participating municipalities, to participating rural communities".

 

Clean Water Act

11                Section 1 of the Clean Water Act, chapter C-6.1 of the Acts of New Brunswick, 1989, is amended in the definition "municipality" by striking out "village or local service district" and substituting "village, rural community or local service district".

 

Community Planning Act

12(1)          Section 1 of the Community Planning Act, chapter C-12 of the Revised Statutes, 1973, is amended

 

(a)          in the definition "development officer"

 

(i)      in subparagraph (a)(ii) by striking out "and" at the end of the paragraph;

 

(ii)     by adding after paragraph (a) the following:

 

(a.1)       with respect to a rural community not in a planning district,

 

(i)      the rural community planning director or rural community planning officer, where one has been appointed under subsection 16(1.1), or

 

(ii)     the Director, where there are regional developments, and

 

(iii)   in paragraph (c) by striking out "a municipality" and substituting "a municipality, a rural community";

 

(b)          in the definition "non-conforming use" by striking out "rural community committee" and substituting "rural community council";

 

(c)          in the definition "rural community clerk" by striking out "subsection 27.5(5.2)" and substituting "subsection 190.077(2)";

 

(d)          by repealing the definition "rural community committee";

 

(e)          in the definition "unincorporated area" by striking out "town or village" and substituting "town, village or rural community";

 

(f)           by adding the following definition in alphabetical order:

 

"rural community council" means a rural community council as defined in section 1 of the Municipalities Act;

 

12(2)          Section 2 of the Act is amended

 

(a)          in paragraph (c) by striking out "except rural communities,";

 

(b)          by repealing paragraph (c.1) and substituting the following:

 

(c.1)        with respect to rural communities, the vesting in rural community councils of planning authority and the provision of administrative services to rural community councils for land use planning matters;

 

(c)          in paragraph (d) by striking out "rural community committees" and substituting "rural community councils";

 

(d)          in paragraph (e) by striking out "municipalities" and substituting "municipalities and rural communities";

 

(e)          in paragraph h) of the French version by striking out "des arrêtés municipaux" and substituting "des arrêtés";

 

(f)           in paragraph k) of the French version by striking out "municipaux".

 

12(3)          Section 4 of the Act is amended

 

(a)          by adding after subsection (2) the following:

 

4(2.1)         In rural communities not in a planning district, the Director is the development officer for the purposes of

 

(a)          approving regional developments on land located in a rural community where no appointment has been made under subsection 16(1.1);

 

(b)          administering a subdivision by-law and approving developments in a rural community that appoints the Director as the development officer under paragraph 16(4)(a); and

 

(c)           administering a subdivision regulation in a rural community in which it is effective.

 

(b)          in paragraph (3)(b) by striking out "councils" and substituting "councils, rural community councils".

 

12(4)          Paragraph 5(3)(a) of the Act is amended by striking out "committee".

 

12(5)          Section 6 of the Act is amended

 

(a)          by repealing paragraph (1)(d) and substituting the following:

 

(d)          prescribe the proportions in which funds are to be contributed to the commission by the following in order to meet the expenses of the commission:

 

(i)      councils of municipalities in the district;

 

(ii)     rural community councils in the district; and

 

(iii)   the Minister for the unincorporated areas in the district.

 

(b)          in subsection (2.1)

 

(i)      in the portion preceding paragraph (a) by striking out "rural community committee" and substituting "rural community council";

 

(ii)     in paragraph (a) by striking out "the rural community committee" and substituting "the rural community";

 

(iii)   in paragraph (c) by striking out "the commission" and substituting "the commission without prior approval of the Minister";

 

(c)          by adding after subsection (3) the following:

 

6(3.1)         Subject to subsection (4), persons appointed to a commission by a rural community council may be members of the rural community council or servants of the rural community, but not more than fifty per cent of the persons appointed by a rural community council shall be its members and servants except where the rural community has only been allotted one member on the commission.

 

(d)          by repealing paragraph (4)(d) and substituting the following:

 

(d)          if appointed by a rural community council, a resident of that rural community.

 

12(6)          Section 7 of the Act is amended

 

(a)          in subsection (2)

 

(i)      in paragraph (d) in the portion preceding subparagraph (i) by striking out "rural community committees" and substituting "rural communities";

 

(ii)     by repealing paragraph (d.2);

 

(iii)   in paragraph (e) by striking out "rural community committee" and substituting "rural community council";

 

(iv)    in paragraph (f) by striking out "this Act or the council of a municipality in the district" and substituting "this Act or the council of a municipality or rural community council in the district";

 

(b)          in subsection (4)

 

(i)      in paragraph (c) by striking out "in the planning district" and substituting "or a rural community council in the planning district";

 

(ii)     in paragraph (d)

 

(A)         in subparagraph (i) by striking out "or" at the end of the subparagraph;

 

(B)         by adding after subparagraph (i) the following:

 

(i.1)   with a rural community council mentioned in paragraph (c) to supply a building inspection service in the rural community at the expense of the rural community, or

 

(C)         by repealing subparagraph (ii) and substituting the following:

 

(ii)     with a group consisting of two or more councils mentioned in paragraph (c) to supply a building inspection service in the municipalities, rural communities or both, as the case may be, with the expense to be shared among the members of the group as they may agree to; and

 

12(7)          Section 10 of the Act is amended

 

(a)          by repealing subsection (1) and substituting the following:

 

10(1)          Not later than September 15 in each year, a commission shall submit an itemized estimate of its expenses for the next year to the Minister and to the council of each municipality and each rural community council in the planning district.

 

(b)          by repealing subsection (2) and substituting the following:

 

10(2)          If a council or a rural community council is dissatisfied with any part of an estimate submitted under subsection (1), it may within thirty days after the estimate is delivered to the clerk of the municipality or the rural community clerk, as the case may be, file an objection with the Minister, and the Minister's decision on the objection is final.

 

(c)          in subsection (4) by striking out "in a planning district" and substituting "or a rural community council in a planning district";

 

(d)          by repealing subsection (5) and substituting the following:

 

10(5)          If a municipality or a rural community is in arrears for a period in excess of thirty days with respect to any payment due under subsection (4), the Minister may make such payment to the commission and deduct a similar amount from any money owed by the Province to the municipality or the rural community, as the case may be.

 

12(8)          Subsection 11(1) of the Act is amended by striking out the portion preceding paragraph (a) and substituting the following:

 

11(1)          Not later than March 1 in each year, a commission shall submit to the Minister and to each council and rural community council in the planning district, in a form acceptable to the Minister,

 

12(9)          Section 12 of the Act is amended

 

(a)          in subsection (1)

 

(i)      in the portion preceding paragraph (a) by striking out "The council of a municipality" and substituting "The council of a municipality or a rural community";

 

(ii)     in paragraph (b) by striking out "a village" and substituting "a village or a rural community";

 

(b)          in paragraph (2)(b) by striking out "a village" and substituting "a village or a rural community";

 

(c)          in subsection (3)

 

(i)      in paragraph (a) by striking out "and" at the end of the paragraph;

 

(ii)     in paragraph (b) by striking out the period at the end of the paragraph and substituting a comma followed by "and";

 

(iii)   by adding after paragraph (b) the following:

 

(c)           in the case of a rural community, shall include one member of the rural community council or a servant of the rural community, and two persons who are neither members of the rural community council nor servants of the rural community.

 

(d)          in paragraph (4)(b) by striking out "the municipality" and substituting "the municipality or rural community";

 

(e)          in subsection (7) in the portion preceding paragraph (a) by striking out "the council" and substituting "a council or a rural community council";

 

(f)           in subsection (8) by striking out "the council shall on appointing the additional members" and substituting "a council or a rural community council shall, on appointing the additional members,";

 

(g)          in subsection (9) by striking out "the council" and substituting "a council or a rural community council";

 

(h)          by adding after subsection (10) the following:

 

12(10.1)     If a member of a rural community council or a servant of a rural community is appointed to an advisory committee,

 

(a)          unless the rural community council fails to appoint another person to replace him or her, the member shall cease to be a member of the advisory committee upon ceasing to be a member of the rural community council or a servant of the rural community,

 

(b)          the member is eligible for re-appointment, and

 

(c)           if the rural community council replaces the member under paragraph (a), the appointment shall be for the remainder of the term of the member replaced.

 

(i)           in subsection (11) by striking out "the council" and substituting "the council or rural community council";

 

(j)           in subsection (12) by striking out "a council" and substituting "a council or a rural community council".

 

12(10)        Section 13 of the Act is amended

 

(a)          in paragraph (a) by striking out "or 77.2";

 

(b)          in paragraph (b) by striking out "the council" and substituting "the council or rural community council";

 

(c)          in paragraph (c) by striking out "the council on any by-law" and substituting "the council or rural community council on any by-law";

 

(d)          in paragraph (d) by striking out "this Act or the council" and substituting "this Act, the council or rural community council".

 

12(11)        Section 15 of the Act is repealed and the following is substituted:

 

15                A council or rural community council shall pay those expenses of an advisory committee that are approved by the council or rural community council.

 

12(12)        Section 16 of the Act is amended

 

(a)          by adding after subsection (1) the following:

 

16(1.1)       Subject to this section, a rural community council not in a planning district

 

(a)          may

 

(i)      appoint a planner as rural community planning director or a person as rural community planning officer, and

 

(ii)     employ such staff as it considers advisable for the purpose of performing services in relation to community planning, and

 

(b)          if an appointment is not made under subparagraph (a)(i), shall make such appointment upon

 

(i)      adopting a resolution to publish a statutory notice stating its intention to adopt a rural plan under subsection 77.2(1), basic planning statement, development scheme or urban renewal scheme,

 

(ii)     adopting a resolution under section 71 with respect to a zoning, deferred widening or controlled access street by-law, or

 

(iii)   enacting a subdivision by-law or a by-law mentioned in subparagraph (ii).

 

(b)          by repealing subsection (2) and substituting the following:

 

16(2)          An appointee under subsection (1) or (1.1) shall also be the development officer for the municipality or rural community.

 

(c)          by adding after subsection (3) the following:

 

16(4)          In the case of a rural community mentioned in subsection (1.1),

 

(a)          the rural community council may, with the approval of the Minister, appoint the Director as the development officer for the rural community, and

 

(b)          the Director is the development officer for the rural community with respect to a subdivision regulation that is effective in the rural community.

 

12(13)        Section 17 of the Act is amended

 

(a)          in subsection (2) by striking out "the municipalities" and substituting "the municipalities, the rural communities";

 

(b)          in paragraph (4)(c) by striking out "municipalities" and substituting "all the municipalities and rural communities";

 

(c)          by adding after subsection (5) the following:

 

17(6)          A regional plan may contain a requirement that the rural community council of a rural community in the planning region prepare a rural plan under subsection 77.2(1).

 

12(14)        Section 18 of the Act is amended

 

(a)          in paragraph (1)(b) in the portion preceding subparagraph (i) by striking out "municipality" and substituting "municipality, rural community";

 

(b)          in paragraph (6)(b) by striking out "municipality and to each" and substituting "municipality, rural community and";

 

(c)          in subsection (7)

 

(i)      in the portion preceding paragraph (a) by striking out "a municipality" and substituting "a municipality, a rural community";

 

(ii)     in paragraph (b) by striking out "a municipality" and substituting "a municipality, rural community".

 

12(15)        Subsection 19(2) of the Act is amended

 

(a)          in paragraph (b) by striking out "or" at the end of the paragraph;

 

(b)          by adding after paragraph (b) the following:

 

(b.1)       by the rural community planning director or rural community planning officer, if one has been appointed, in the case of a regional development on land in a rural community not in a planning district, or

 

(c)          in paragraph (c) by striking out "(a) and (b)" and substituting "(a), (b) and (b.1)".

 

12(16)        Section 20 of the Act is amended

 

(a)          in paragraph (a) by striking out "or" at the end of the paragraph;

 

(b)          by adding after paragraph (a) the following:

 

(a.1)       the rural community council, if the land involved is in a rural community, or

 

12(17)        The Act is amended by adding after section 30 the following:

 

30.1            If a rural plan under subsection 77.2(1) is not in effect for a rural community, sections 29 and 30 apply with the necessary modifications to the rural community council.

 

12(18)        Section 32 of the Act is amended

 

(a)          in subsection (1) by repealing the portion preceding paragraph (a) and substituting the following:

 

32(1)          Where a municipal plan, basic planning statement or rural plan under subsection 27.2(1) or 77.2(1) is in effect, the council or rural community council, as the case may be, may by by-law adopt a development scheme to carry out or amplify

 

(b)          in subsection (2)

 

(i)      by repealing subparagraph (a)(i) and substituting the following:

 

(i)      consist of such written statements, maps, drawings and other descriptive matter, all under seal, signed by the clerk or rural community clerk and indicating that they are a part of the scheme, as may be necessary to illustrate the scheme,

 

(ii)     in subparagraph (b)(ii) by striking out "the municipality" and substituting "the municipality or rural community";

 

(c)          in paragraph (3)(a) by striking out "a municipality" and substituting "a municipality or rural community";

 

(d)          in subsection (5)

 

(i)      in the portion preceding paragraph (a) by striking out "the council" and substituting "a council or rural community council, as the case may be,";

 

(ii)     by repealing paragraph (b) and substituting the following:

 

(b)          the owner of the land, building or structure enters into an agreement with the council or rural community council containing such terms and conditions as the council or rural community council considers fit.

 

(e)          in subsection (6) by striking out "the municipality" and substituting "the municipality or rural community, as the case may be";

 

(f)           in subsection (7) by striking out "a council" and substituting "a council or rural community council";

 

(g)          in subsection (8) by striking out "subsection 27.2(1)" and substituting "subsection 27.2(1) or 77.2(1)".

 

12(19)        Section 33 of the Act is amended by adding after subsection (2) the following:

 

33(3)          This section applies with the necessary modifications to a rural community council.

 

12(20)        The Act is amended by adding after section 41 the following:

 

41.01          Sections 40 and 41 apply with the necessary modifications to a rural community and a rural community council.

 

12(21)        The heading "ARRETE DE SECTEUR INONDABLE" preceding section 41.1 of the French version of the Act is amended by striking out "ARRETE" and substituting "ARRÊTÉ".

 

12(22)        The Act is amended by adding after section 41.3 the following:

 

41.4            Sections 41.1 to 41.3 apply with the necessary modifications to a rural community and a rural community council.

 

12(23)        Section 42 of the Act is amended

 

(a)          by adding after subsection (2) the following:

 

42(2.1)       Subject to this section, a rural community council may enact a subdivision by-law to regulate the subdividing of land in the rural community.

 

42(2.2)       A by-law under subsection (2.1) shall be consistent with an applicable regional plan or rural plan under subsection 77.2(1).

 

(b)          in subsection (3)

 

(i)      in the portion preceding paragraph (a) by striking out "subsection (1)" and substituting "subsection (1) or (2.1)";

 

(ii)     in subparagraph (c)(i) by striking out "the municipality" and substituting "the municipality or rural community, as the case may be";

 

(iii)   in subparagraph (d)(ii) by striking out "the municipality" and substituting "the municipality or rural community";

 

(iv)    in paragraph (g) by striking out "the council there is to be paid to the municipality" and substituting "the council or rural community council there is to be paid to the municipality or rural community, as the case may be";

 

(v)     in paragraph (h) by striking out "subsection 27.2(1)" and substituting "subsection 27.2(1) or 77.2(1)";

 

(vi)    in paragraph (j)

 

(A)         in the portion preceding subparagraph (i) by striking out "the council" and substituting "the council or rural community council";

 

(B)         in subparagraph (i) of the English version by striking out "the council" and substituting "the council or rural community council, as the case may be";

 

(C)         in subparagraph (ii)

 

(I)      in clause (A) by striking out "the council" and substituting "the council or rural community council";

 

(II)    in clause (B) by striking out "the municipality" and substituting "the municipality or rural community";

 

(III)   by repealing clause (C) and substituting the following:

 

(C)         deliver to the municipality or rural community a performance bond acceptable to the council or rural community council, as the case may be, in an amount sufficient to cover the cost mentioned in clause (B);

 

(vii)   in paragraph (m) by striking out "the municipality" and substituting "the municipality or rural community";

 

(c)          in paragraph (4)(b) by striking out "a municipality" and substituting "a municipality or a rural community".

 

12(24)        Section 43 of the Act is amended

 

(a)          by repealing subsection (1) and substituting the following:

 

43(1)          Land for public purposes vested in a municipality under section 56 or 57 and land acquired under subsection (2) shall be set aside by the council as land for public purposes, but the council may sell the land if

 

(a)          the council receives the concurrence of the advisory committee or commission for the sale or six weeks have elapsed from the date a request in writing was made for such concurrence, and

 

(b)          a majority of the whole council votes in favour of the sale.

 

(b)          by adding after subsection (2) the following:

 

43(3)          Land for public purposes vested in a rural community under section 56 or 57 and land acquired under subsection (4) shall be set aside by the rural community council as land for public purposes, but the rural community council may sell the land if

 

(a)          the rural community council receives the concurrence of the advisory committee or commission for the sale or six weeks have elapsed from the date a request was made in writing for such concurrence, and

 

(b)          a majority of the whole rural community council votes in favour of the sale.

 

43(4)          All money received by the rural community council under subsection (3) or under paragraph 42(3)(g) is to be paid into a special account, and the money in that account is to be expended by the rural community council for acquiring or developing land for public purposes, but pending such expenditures the money shall be invested in Authorized Trustee Investments and the earnings derived from the investments paid into the special account.

 

12(25)        Section 44 of the Act is amended

 

(a)          in subsection (1)

 

(i)      in paragraph (g) by striking out "the council" and substituting "the council, the rural community council";

 

(ii)     in clause (l)(iii)(A) by striking out "municipal" and substituting "municipal, rural community";

 

(iii)   in paragraph (m)

 

(A)         in subparagraph (i) by striking out "a district or municipal" and substituting "a district, rural community or municipal";

 

(B)         in subparagraph (ii) by striking out "a district or municipal" and substituting "a district, rural community or municipal";

 

(b)          in subsection (7) by striking out "a town or village" and substituting "a town, village or rural community".

 

12(26)        Section 45 of the Act is amended

 

(a)          by repealing subsection (1) and substituting the following:

 

45(1)          Subject to subsection (4), where a subdivision by-law contains a provision under paragraph 42(3)(i) and land affected by it is proposed for subdivision, if the land has the benefit of facilities mentioned in that paragraph which were installed after the coming into force of this Act and paid for by, or are the financial responsibility of, the municipality, rural community or a person other than a present or previous owner or tenant of the land, the development officer shall not approve the plan unless the person proposing the subdivision pays or agrees to pay to the municipality or rural community, as the case may be, an amount equal to the initial cost of the facilities, or equal to the share of the cost required to be paid by him or her under the provision.

 

(b)          in subsection (2)

 

(i)      in the portion preceding paragraph (a) by striking out "a municipality" and substituting "a municipality or a rural community";

 

(ii)     in paragraph (a) in the portion preceding subparagraph (i) by striking out "the municipality" and substituting "the municipality or rural community";

 

(iii)   in paragraph (b) by striking out "the municipality" and substituting "the municipality or rural community";

 

(c)          by repealing subsection (3) and substituting the following:

 

45(3)          Money owing to a municipality or a rural community under an agreement pursuant to subsection (1) constitutes a debt due to the municipality or rural community and may be recovered in an action in any court of competent jurisdiction.

 

12(27)        Paragraph 48(3)b) of the French version of the Act is amended by striking out "municipal".

 

12(28)        Paragraph 49(2)(j) of the Act is repealed and the following is substituted:

 

(j)           the services that are or will be provided by the municipality or rural community to the land proposed to be subdivided;

 

12(29)        Section 52 of the Act is amended

 

(a)          in subparagraph (2)(a)(iii) by striking out "the Minister of Transportation or a council" and substituting "the Minister of Transportation, a council or a rural community council";

 

(b)          in subsection (3)

 

(i)      by repealing subparagraph (a)(iii) and substituting the following:

 

(iii)   the municipality, rural community or parish, and the county and province in which the land is located, and

 

(ii)     in paragraph (f) by striking out "the municipality" and substituting "the municipality or rural community";

 

(iii)   in paragraph (g) by striking out "the municipality" and substituting "the municipality or rural community";

 

(iv)    in paragraph m) of the French version by striking out "municipal" and substituting "de voirie";

 

(v)     in paragraph (q) by striking out "a municipality" and substituting "a municipality or rural community";

 

(c)          in subsection (7) by striking out "the council" and substituting "the council or rural community council,".

 

12(30)        Section 54 of the Act is amended

 

(a)          by repealing paragraph (4)(d) and substituting the following:

 

(d)          if the Minister of Transportation, a council or a rural community council has assented to the plan, forward two copies to that Minister, the council or rural community council, as the case may be, and

 

(b)          in subsection (5) by striking out "commission or council" and substituting "commission, council or rural community council";

 

(c)          in clause (6)(g)(v)(B) by striking out "the council or Minister" and substituting "the council, rural community council or Minister".

 

12(31)        Subsection 55(1) of the Act is amended in the portion preceding paragraph (a) by striking out "a municipality" and substituting "a municipality or rural community".

 

12(32)        Section 56 of the Act is amended

 

(a)          in subsection (1)

 

(i)      in the portion preceding paragraph (a) by striking out "a municipality" and substituting "a municipality or rural community";

 

(ii)     in the portion following paragraph (b) by striking out "the council" and substituting "the council or rural community council, as the case may be";

 

(b)          by repealing subsection (2) and substituting the following:

 

56(2)          An assent under this section shall not be given until

 

(a)          the advisory committee or commission, subject to subsection (4.1), has recommended the location of the streets mentioned in subsection (1), or the land for public purposes mentioned therein, or both, as the case may be, or such recommendation has been rejected by majority vote of the whole council or the whole rural community council, as the case may be, and

 

(b)          any provision pursuant to paragraph 42(3)(i) has been complied with.

 

(c)          in subsection (3) by striking out the portion preceding paragraph (a) and substituting the following:

 

56(3)          The clerk of the municipality or rural community clerk, as the case may be, shall certify an assent under this section by signing it, and the assent shall be under seal and

 

(d)          in subsection (4)

 

(i)      by striking out the portion preceding paragraph (a) and substituting the following:

 

56(4)          When a subdivision plan has been assented to under this section, approved by the development officer and, with respect to a plan of land in an integrated survey area, approved by the Director of Surveys, the land indicated on the plan as being streets or land for public purposes, on the filing of the plan in the registry office, vests in the municipality or rural community, as the case may be, in the following manner:

 

(ii)     in paragraph (a) by striking out "a municipal street" and substituting "a municipal or rural community street, as the case may be";

 

(e)          by repealing subsection (4.01) and substituting the following:

 

56(4.01)     When a subdivision plan has been assented to under this section, approved by the development officer and, with respect to a plan of land in an integrated survey area, approved by the Director of Surveys, the easements designated on the plan in accordance with the regulations vest the rights prescribed by regulation in the municipality or rural community, as the case may be, on the filing of the plan in the registry office.

 

(f)           in subsection (4.02) by striking out "by the council" and substituting "under this section".

 

12(33)        Paragraph 57(3)(b) of the Act is repealed and the following is substituted:

 

(b)          if such plan has been assented to under section 56, approved by the development officer and, with respect to a plan of land in an integrated survey area, approved by the Director of Surveys, land indicated on the plan as being streets or land for public purposes vests

 

(i)      in the case of a municipality, in the municipality in the manner described in subsection 56(4), but land that had vested in the municipality for a public purpose, and is now intended to be used for other purposes, vests in the person whose land vests in the municipality on filing, or

 

(ii)     in the case of a rural community, in the rural community in the manner described in subsection 56(4), but land that had vested in the rural community for a public purpose, and is now intended to be used for other purposes, vests in the person whose land vests in the rural community on filing; and

 

12(34)        Section 58 of the Act is amended

 

(a)          in subsection (1)

 

(i)      by striking out the portion preceding paragraph (a) and substituting the following:

 

58(1)          With respect to land not in an integrated survey area, where a purchase or other acquisition of the land by a municipality or rural community that has a subdivision by-law in force would subdivide land, the council or rural community council, as the case may be, may, in lieu of complying with any other provision of this Act,

 

(ii)     in paragraph (c)

 

(A)         in subparagraph (i) by striking out "the council" and substituting "the council or rural community council, as the case may be,";

 

(B)         by repealing subparagraph (iii) and substituting the following:

 

(iii)   the council or rural community council, as the case may be, has, by resolution passed by a majority of the whole council or whole rural community council, rejected the recommendations mentioned in subparagraph (i); and

 

(b)          in paragraph (2)(a) by striking out "the council" and substituting "the council or rural community council, as the case may be".

 

12(35)        Section 59 of the Act is amended

 

(a)          in subsection (1) by striking out "a council" and substituting "a council or rural community council";

 

(b)          in subsection (3) in the portion preceding paragraph (a) by striking out "the council" and substituting "a council or rural community council";

 

(c)          in subsection (4) by striking out "the council" and substituting "a council or rural community council".

 

12(36)        The Act is amended by adding after section 63 the following:

 

63.1            Sections 60 to 63 apply with the necessary modifications to a rural community council.

 

12(37)        Section 64 of the Act is amended

 

(a)          in subsection (1) in the portion preceding paragraph (a) by striking out "the council of a municipality" and substituting "the council of a municipality or a rural community council";

 

(b)          in paragraph (2)(b) by striking out "the municipality" and substituting "the municipality or rural community, as the case may be,";

 

(c)          in subsection (4) by striking out "subsection 27.2(1)" and substituting "subsection 27.2(1) or 77.2(1)".

 

12(38)        Subsection 71(3) of the Act is amended by striking out "rural community committee" and substituting "rural community council".

 

12(39)        Section 77 of the Act is amended

 

(a)          in subsection (2.1) by striking out "that are not rural communities";

 

(b)          in subsection (3)

 

(i)      in paragraph (a) by striking out "and";

 

(ii)     in subparagraph (b)(ii) by striking out the period at the end of the subparagraph and substituting a semicolon followed by "and";

 

(iii)   by adding after paragraph (b) the following:

 

(c)           is not effective in a rural community that has a by-law in effect respecting the same matter as the regulation.

 

(c)          in subsection (3.1) by striking out "any municipality" and substituting "a municipality, rural community";

 

(d)          by repealing subsection (9) and substituting the following:

 

77(9)          Land vested in the Crown under this section shall be held undeveloped or developed for public purposes and may, if subsequently included within the bounds of a municipality or rural community, be conveyed to the municipality or rural community, as the case may be, and the land shall be subject to all provisions of this Act affecting land for public purposes vested in a municipality or rural community under this Act.

 

(e)          by repealing paragraph (10)(b) and substituting the following:

 

(b)          if a subdivision in respect of which money has been received is subsequently included within the bounds of a municipality or rural community, the portion of the money that remains unexpended, together with any increments that have accrued under paragraph (a), is to be paid to the municipality or rural community of which the subdivision becomes a part, and is to be treated by the municipality or rural community in the same manner as money received for a public purpose under a subdivision by-law.

 

12(40)        Section 77.2 of the Act is amended

 

(a)          in subsection (1) by striking out "rural community committee" and substituting "rural community council";

 

(b)          in subsection (3) by striking out "Sections 65 to 74" and substituting "Sections 65 to 76";

 

(c)          in subsection (4) by striking out "rural community committee" and substituting "rural community council";

 

(d)          in subsection (5)

 

(i)      in paragraph (a.1)

 

(A)         in the portion preceding subparagraph (i) by striking out "rural community committee" and substituting "rural community council";

 

(B)         in subparagraph (i) by striking out "rural community committee" and substituting "rural community council";

 

(ii)     in paragraph (b) by striking out "rural community committee" and substituting "rural community council".

 

12(41)        Section 78 of the Act is amended

 

(a)          by repealing subsection (1) and substituting the following:

 

78(1)          Subject to this section, a municipality or rural community may acquire by gift, purchase, expropriation or otherwise any land or interest in land required for the purpose of carrying out any proposal contained in a municipal plan, rural plan under subsection 27.2(1) or 77.2(1), basic planning statement or development or urban renewal scheme in effect in the municipality or rural community.

 

(b)          in paragraph (2)(d) by striking out "the council" and substituting "the council or rural community council, as the case may be,";

 

(c)          by repealing subsection (3) and substituting the following:

 

78(3)          An expropriation under subsection (1) shall be undertaken in accordance with

 

(a)          in the case of a municipality, section 8 of the Municipalities Act,

 

(b)          in the case of a rural community, subsection 190.08(5) of the Municipalities Act.

 

12(42)        Section 79 of the Act is amended

 

(a)          in subsection (1) by striking out "or 77.2(1),";

 

(b)          in subsection (2) by striking out "a municipality" and substituting "a municipality or rural community".

 

12(43)        Subsection 80(1) of the Act is amended by striking out "the Minister or a municipality" and substituting "the Minister, a municipality or a rural community".

 

12(44)        Section 81 of the Act is amended

 

(a)          in paragraph (2)(a) by striking out "the council" and substituting "the council or rural community council, as the case may be,";

 

(b)          in subsection (6)

 

(i)      in paragraph (a) by striking out "district or municipal planning director" and substituting "district, municipal or rural community planning director";

 

(ii)     in paragraph (b) by striking out "district or municipal planning officer" and substituting "district, municipal or rural community planning officer".

 

12(45)        Section 87 of the Act is amended

 

(a)          in subsection (4.1) by striking out "the council" and substituting "the council, the rural community council";

 

(b)          in subsection (6.1) by striking out "the council" and substituting "the council, the rural community council".

 

12(46)        Section 91 of the Act is amended

 

(a)          by repealing subsection (3) and substituting the following:

 

91(3)          If the Minister is satisfied that a council or rural community council is not conforming to a regional plan or is not conforming to or enforcing its municipal plan or a by-law adopted by it or its rural plan, the Minister may order the municipality or rural community to do so.

 

(b)          in subsection (4) by striking out "council" wherever it appears and substituting "council or rural community council";

 

(c)          in subsection (5) in the portion preceding paragraph (a) by striking out "under subsection (4)" and substituting "under subsection (4) in relation to a municipality";

 

(d)          by adding after subsection (5) the following:

 

91(5.1)       When exercising powers under subsection (4) in relation to a rural community, the Minister may

 

(a)          if the rural community is in a planning district, appoint members to replace members of the district commission appointed by the rural community, or

 

(b)          if the rural community is not in a planning district, appoint five persons to be the advisory committee for the rural community, but the rural community council may appoint two additional persons to act on the advisory committee, and the advisory committee may exercise all the powers it would have if it was otherwise established under this Act.

 

(e)          in subsection (6) by striking out "the council" and substituting "the council or rural community council, as the case may be,".

 

12(47)        Subsection 92(1) of the Act is amended by striking out "the Minister or a council" and substituting "the Minister, a council or a rural community council".

 

12(48)        Section 93 of the Act is amended

 

(a)          in subsection (1) by striking out the portion preceding paragraph (a) and substituting the following:

 

93(1)          If a development is undertaken in contravention of this Act, a by-law or regulation under this Act or terms and conditions imposed on the development, the Director, council or rural community council, as the case may be, or a person duly authorized by the Director, council or rural community council, may order

 

(b)          in subsection (4) by striking out "the Director or council" and substituting "the Director, council or rural community council";

 

(c)          in subsection (5) by striking out "the Director or council" and substituting "the Director, council or rural community council".

 

12(49)        Section 94 of the Act is amended

 

(a)          in subsection (1)

 

(i)      in the portion preceding paragraph (a) by striking out "a municipality" and substituting "a municipality or a rural community";

 

(ii)     in paragraph (a) of the French version

 

(A)         in subparagraph (i) by striking out "municipal";

 

(B)         in subparagraph (ii) by striking out "municipal";

 

(iii)   by striking out the portion following paragraph (b) and substituting the following:

 

the municipality, rural community, Minister or a person designated for that purpose by the council, rural community council or Minister may make an application to The Court of Queen's Bench of New Brunswick or a judge of that court for any of the orders described in subsection (2) whether or not a penalty has been provided for or imposed under this Act for such contravention, failure or obstruction.

 

(b)          in paragraph (2)(b) by striking out "the council or the Minister" and substituting "the council, rural community council or Minister".

 

12(50)        Subsection 94.1(1) of the Act is amended by striking out the portion preceding paragraph (a) and substituting the following:

 

94.1(1)       Upon application of a person directly affected by the operation or non-enforcement of a by-law, resolution or order made under this Act by a council or rural community council, or of a resident of the municipality or rural community, The Court of Queen's Bench of New Brunswick or a judge of that court may by order

 

12(51)        Section 98 of the Act is amended by striking out "the Minister or the council" and substituting "the Minister, council or rural community council".

 

12(52)        Section 98.1 of the Act is amended by striking out "enforce a rural plan by-law" and substituting "enforce a rural plan by-law in an unincorporated area".

 

12(53)        Section 101 of the Act is amended

 

(a)          in subsection (1)

 

(i)      in paragraph (a) by striking out "or" at the end of the paragraph;

 

(ii)     by adding after paragraph (a) the following:

 

(a.1)       the rural community council of a rural community in which the development is proposed, or

 

(iii)   in paragraph (b) by striking out "a municipality" and substituting "a municipality or a rural community";

 

(b)          in subsection (3) by striking out the portion preceding paragraph (a) and substituting the following:

 

101(3)        If a council, a rural community council or the Minister has entered into an agreement under subsection (1), the council, rural community council or Minister, as the case may be, may

 

Companies Act

13                Paragraph 21(a) of the Companies Act, chapter C-13 of the Revised Statutes, 1973, is repealed and the following is substituted:

 

(a)          the assent, supervision and control of the council in a municipality or rural community or of a supervisor or road commissioner in a parish or part of a parish in respect to the time, mode and manner in which the powers granted under the authority of section 19 shall or may be used, exercised and enjoyed;

 

Conservation Easements Act

14(1)          Subsection 4(3) of the Conservation Easements Act, chapter C-16.3 of the Acts of New Brunswick, 1998, is amended by striking out "the Crown in right of Canada or a municipality" and substituting "the Crown in right of Canada, a municipality or a rural community".

 

14(2)          Section 5 of the Act is amended by adding after paragraph (c) the following:

 

(c.1)        a rural community or an agency of a rural community;

 

Consumer Product Warranty and Liability Act

15                Subsection 1(1) of the Consumer Product Warranty and Liability Act, chapter C-18.1 of the Acts of New Brunswick, 1978, is amended by repealing the definition "business" and substituting the following:

 

"business" includes a profession and the activities of

 

(a)          a government department or agency;

 

(b)          a municipality or municipal agency;

 

(c)           a rural community or agency of a rural community; and

 

(d)          a Crown corporation;

 

Control of Municipalities Act

16                Section 1 of the Control of Municipalities Act, chapter C-20 of the Revised Statutes, 1973, is amended

 

(a)          in the definition "Minister" by striking out the period at the end of the definition and substituting a semicolon;

 

(b)          by adding the following definitions in alphabetical order:

 

"council" includes a rural community council as defined in the Municipalities Act;

 

"municipality" includes a rural community incorporated under section 190.072 of the Municipalities Act.

 

Coroners Act

17                Subsection 25(2) of the Coroners Act, chapter C-23 of the Revised Statutes, 1973, is amended by striking out "the Province or a municipality" and substituting "the Province, a municipality or a rural community".

 

Corrections Act

18(1)          Section 1 of the Corrections Act, chapter C-26 of the Revised Statutes, 1973, is amended in the definition "offence" by striking out "any municipal regulation or by-law" and substituting "of any regulation or by-law of a municipality or rural community".

 

18(2)          Section 2.1 of the Act is amended in the portion preceding paragraph (a) by striking out "any municipality" and substituting "any municipality or rural community".

 

Crown Lands and Forests Act

19(1)          Paragraph 13(c) of the Crown Lands and Forests Act, chapter C-38.1 of the Acts of New Brunswick, 1980, is amended by striking out "a municipality" and substituting "a municipality or rural community".

 

19(2)          Paragraph 21(c) of the Act is amended by striking out "a municipality" and substituting "a municipality or rural community".

 

19(3)          Paragraph 71(b) of the Act is amended by striking out "a municipality" and substituting "a municipality, a rural community".

 

Days of Rest Act

20                Section 1 of the Days of Rest Act, chapter D-4.2 of the Acts of New Brunswick, 1985, is amended by repealing the definition "municipality".

 

Easements Act

21                Section 10 of the Easements Act, chapter E-1 of the Revised Statutes, 1973, is repealed and the following is substituted:

 

10                Notwithstanding anything contained in this or in any other Act of the Legislature, no person shall be capable of acquiring or be deemed to have acquired by prescription a claim to any way or other easement or to any water course or to the use of any water to be enjoyed or derived upon, over or from any lakes or reservoirs, or land bordering upon such lakes, reservoirs, or dams or land through which the waste water or overflow from such dam flows, or other land connected with the storage or transmission of water, or required or held for the purpose of controlling riparian rights in respect of any stream of water flowing from any such lake or reservoir, or any land through which pipes for the conveyance of water are laid, nor shall any person be capable of acquiring a title to any such land under any Act respecting limitation of actions in respect to real property, when the land in respect of which the title or a way or other easement, is claimed, or the water course or use of water sought to be prescribed is a portion of, or connected with the water supply of a municipality or rural community, unless the adverse possession or the term of prescription was complete before the acquisition by the municipality or rural community of the land or water or right in or to the land or water.

 

Education Act

22                Section 50 of the Education Act, chapter E-1.12 of the Acts of New Brunswick, 1997, is amended

 

(a)          in subsection (1) by striking out "a municipality" and substituting "a municipality, a rural community";

 

(b)          in paragraph (2)(e) by striking out "a municipality" and substituting "a municipality, a rural community";

 

(c)          in subsection (3) by striking out "a municipality" and substituting "a municipality, a rural community";

 

(d)          in subsection (4.1) by striking out "a municipality" and substituting "a municipality, a rural community".

 

Elections Act

23(1)          Section 20.13 of the Elections Act, chapter E-3 of the Revised Statutes, 1973, is amended by striking out "municipal," and substituting "municipal, rural community".

 

23(2)          Subsection 48.1(1) of the Act is repealed and the following is substituted:

 

48.1(1)       No person is eligible to be a member of the Legislative Assembly or of sitting or voting in the Legislative Assembly who is

 

(a)          a mayor or councillor of a municipality, or

 

(b)          a rural community mayor or a councillor of a rural community.

 

23(3)          Subsection 125(2) of the Act is amended by striking out "of any municipal by-law" and substituting "of any by-law of a municipality or rural community".

 

Electricity Act

24                Subparagraph 24(1)(a)(ii) of the Electricity Act, chapter E-4.6 of the Acts of New Brunswick, 2003, is amended by striking out "municipal by-law" and substituting "municipal or rural community by-law".

 

Elevators and Lifts Act

25                Section 17 of the Elevators and Lifts Act, chapter E-6 of the Revised Statutes, 1973, is amended by striking out "any municipal by-law" and substituting "any municipal or rural community by-law".

 

Emergency 911 Act

26                Section 1 of the Emergency 911 Act, chapter E-6.1 of the Acts of New Brunswick, 1994, is amended in the definition "municipality" by striking out "town or village" and substituting "town, village or rural community".

 

Emergency Measures Act

27                Section 1 of the Emergency Measures Act, chapter E-7.1 of the Acts of New Brunswick, 1978, is amended in the definition "municipality" by striking out "town or village" and substituting "town, village or rural community".

 

Evidence Act

28(1)          The heading "BY-LAWS OF MUNICIPALITIES" preceding section 88 of the Evidence Act, chapter E-11 of the Revised Statutes, 1973, is repealed and the following is substituted:

 

BY-LAWS OF MUNICIPALITIES AND RURAL COMMUNITIES

 

28(2)          Section 88 of the Act is repealed and the following is substituted:

 

88                A copy of a by-law, rule or regulation of Sessions made by the Sessions previous to the incorporation of a county, and a copy of a by-law, rule or regulation enacted by the council of a municipality or a rural community council, certified by the Minister of the Environment and Local Government or clerk of the municipality or rural community, as the case may be, to have been compared with the original and to be a true copy, is without proof of the official character of the Minister or clerk, or of his or her handwriting, prima facie evidence in all courts of the passage and existence of the by-law, rule or regulation, and is also, if the certificate states the date on which the by-law, rule or regulation was passed, as shown by the original record, prima facie evidence that the by-law, rule or regulation was passed on the date certified.

 

28(3)          Section 91 of the Act is repealed and the following is substituted:

 

91                Where it is necessary to authenticate any act done by the mayor of a municipality or rural community under the corporate seal of the municipality or rural community, to be used as evidence in any court, the seal of the mayor is sufficient authentication of the act, unless the act is a corporate act.

 

Expropriation Act

29                Section 1 of the Expropriation Act, chapter E-14 of the Revised Statutes, 1973, is amended by adding the following definitions in alphabetical order:

 

"council of a municipality" includes the rural community council of a rural community incorporated under the Municipalities Act;

 

"municipality" includes a rural community incorporated under the Municipalities Act;

 

Financial Administration Act

30                Subsection 1(1) of the Financial Administration Act, chapter F-11 of the Revised Statutes, 1973, is amended by repealing the definition "securities" and substituting the following:

 

"securities" means

 

(a)          securities representing part of the public debt of Canada or of any province of Canada,

 

(b)          bonds or debentures of any corporation where payment is guaranteed both as to principal and interest by Canada, by any province of Canada, or by any municipality or rural community of the Province of New Brunswick, or

 

(c)           bonds or debentures of any municipality or rural community of the Province of New Brunswick.

 

Fire Prevention Act

31                Section 1 of the Fire Prevention Act, chapter F-13 of the Revised Statutes, 1973, is amended by adding the following definition in alphabetical order:

 

"municipality" includes a rural community incorporated under the Municipalities Act;

 

Gas Distribution Act, 1999

32(1)          Section 1 of the Gas Distribution Act, 1999, chapter G-2.11 of the Acts of New Brunswick, 1999, is amended by adding the following definition in alphabetical order:

 

"municipality" includes a rural community incorporated under the Municipalities Act;

 

32(2)          Subsection 16(4) of the Act is amended in the portion preceding paragraph (a) by striking out "subsection 7(5)" and substituting "subsection 7(5) or 190.08(3)".

 

Health Act

33(1)          Section 14 of the Health Act, chapter H-2 of the Revised Statutes, 1973, is amended

 

(a)          by repealing subsection (1) and substituting the following:

 

14(1)          Where the establishment of a system of waterworks for the purpose of providing a water supply for public consumption, or the establishment of a common sewer or a system of public sewage disposal, or the alteration or extension of any existing system of waterworks, sewers or sewage disposal is contemplated by a municipality, rural community or any person, the municipality, rural community or person shall submit to the Minister the plans, specifications, engineers' reports, estimates, and all information and data in connection with the proposed system of waterworks or sewage disposal, and an analysis of the water from the proposed source or sources of water supply, verified by affidavit stating that the plans and specifications so submitted are those to be used and followed in the construction of the proposed system, that the particulars set forth in the analysis are true, and that the water analysed was properly taken from the proposed source or sources of supply.

 

(b)          in subsection (3) by striking out "the municipality" and substituting "the municipality, rural community".

 

33(2)          Section 15 of the Act is amended

 

(a)          in subsection (1) by striking out "the municipality" and substituting "the municipality, rural community";

 

(b)          by repealing subsection (2) and substituting the following:

 

15(2)          In case of the neglect or refusal of a municipality, rural community or person to make such changes in the manner and within the time ordered by the Minister, the Minister may apply to a judge of The Court of Queen's Bench of New Brunswick, by way of notice of application according to the practice of the court, for an order restraining the offending party from using the system of waterworks or sewage disposal until the changes have been carried out and the nuisance abated, or the Minister may cause the alterations or additions to be made without delay, and the expense incurred shall be borne by the municipality, rural community or person, and is recoverable from them, and until paid constitutes a lien upon the system of waterworks or sewage disposal.

 

Highway Act

34(1)          Section 1 of the Highway Act, chapter H-5 of the Revised Statutes, 1973, is amended

 

(a)          in paragraph (b) of the definition "highway" by striking out "a city, town or village" and substituting "a municipality";

 

(b)          by adding the following definitions in alphabetical order:

 

"municipality" means a city, town, village or rural community;

 

"rural community" means a rural community incorporated under the Municipalities Act;

 

34(2)          Section 31 of the Act is amended

 

(a)          in subsection (1) by striking out "a village" and substituting "a village or rural community";

 

(b)          by repealing subsection (2) and substituting the following:

 

31(2)          Where a village or rural community makes a subdivision by-law prescribing standards for the laying out of streets, the Minister may exempt the village or rural community from the application of the standards established under subsection (1).

 

34(3)          Section 32 of the Act is amended

 

(a)          in subsection (2) by striking out "the city, town or village" and substituting "the municipality";

 

(b)          in subsection (3) by striking out "that city, town or village" and substituting "that municipality".

 

34(4)          Subsection 34(2) of the Act is repealed and the following is substituted:

 

34(2)          The Minister shall not act under the authority of subsection (1) with regard to a portion of highway lying within a municipality without first securing written approval from that municipality.

 

34(5)          Subsection 36(1) of the Act is amended by repealing the definition "municipality".

 

34(6)          Subsection 44.1(1) of the Act is amended in the definition "highway" in the portion preceding paragraph (a) by striking out "a city, town or village" and substituting "a municipality".

 

34(7)          Section 47 of the Act is amended

 

(a)          in subsection (1) in the portion preceding paragraph (a) by striking out "a city, town or village" and substituting "a municipality";

 

(b)          in subsection (2) by striking out "a city, town or village" and substituting "a municipality".

 

34(8)          Subsection 49(1) of the Act is repealed and the following is substituted:

 

49(1)          The Minister may enter into an agreement with a municipality

 

(a)          providing that winter and summer maintenance on a highway, except a local highway, within a municipality shall be

 

(i)      performed by the Minister, or

 

(ii)     performed by the municipality and paid for by the Minister in accordance with the regulation under subsection (2);

 

(b)          providing that winter and summer maintenance on roads and streets within a village or rural community shall be

 

(i)      performed by the village or rural community, or

 

(ii)     performed by the Minister and paid for by the village or rural community in accordance with the regulation under subsection (2).

 

34(9)          Subsection 49.1(2) of the English version of the Act is amended in the portion preceding paragraph (a) by striking out "the a municipality" and substituting "a municipality".

 

34(10)        Section 51 of the Act is repealed and the following is substituted:

 

51                Upon the request of any municipality the Minister may construct or repair any bridge within the limits of that municipality.

 

Industrial Relations Act

35(1)          Section 1 of the Industrial Relations Act, chapter I-4 of the Revised Statutes, 1973, is amended

 

(a)          by repealing subsection (3) and substituting the following:

 

1(3)             For the purposes of this Act, where a municipality or rural community is empowered to prescribe any term or condition of employment for police officers in a municipality or rural community, the municipality or rural community shall be deemed to be an employer in relation to the police officers and the police officers shall be deemed to be employees in relation to the municipality or rural community, excepting police officers who, in the opinion of the Board, exercise management functions or are employed in a confidential capacity in matters relating to labour relations.

 

(b)          in subsection (3.11) by striking out "a municipality" and substituting "a municipality or rural community".

 

35(2)          Section 60 of the Act is amended by adding after subsection (14) the following:

 

60(15)        Subsections (11) and (12) apply with the necessary modifications to a rural community.

 

35(3)          Section 80 of the Act is amended by adding after subsection (3) the following:

 

80(3.1)       This section applies with the necessary modifications to

 

(a)          persons who are employed full time by a rural community as members of a fire department, and

 

(b)          to police officers who are employees, within the meaning of subsection 1(3) or (3.1), of a rural community.

 

35(4)          Section 91 of the Act is amended

 

(a)          by repealing subsection (4) and substituting the following:

 

91(4)          Notwithstanding anything in this Act, no person employed full time by a municipality or rural community as a member of a fire department shall strike and no municipality or rural community shall declare a lock-out of any such employee.

 

(b)          in subsection (5) by striking out "no municipality" and substituting "no municipality, rural community".

 

Insurance Act

36(1)          Subsection 94(2) of the Insurance Act, chapter I-12 of the Revised Statutes, 1973, is repealed and the following is substituted:

 

94(2)          The holder of an agent's, broker's or adjuster's licence shall not be liable to pay any licence fee or special tax for the transacting of business authorized by the licence, imposed by a municipality or rural community within the Province but this subsection does not exempt an agent from payment of any licence fee or tax validly imposed by a municipality or rural community upon an insurer represented by the agent.

 

36(2)          Section 276 of the Act is amended by adding the following definition in alphabetical order:

 

"municipality" includes a rural community incorporated under the Municipalities Act;

 

Judicature Act

37                Subsection 11.2(2.1) of the Judicature Act, chapter J-2 of the Revised Statutes, 1973, is amended by striking out "municipal by-law" wherever it appears and substituting "municipal or rural community by-law".

 

Land Titles Act

38                Section 3 of the French version of the Land Titles Act, chapter L-1.1 of the Acts of New Brunswick, 1981, is amended in the definition «texte législatif» by striking out "municipal".

 

Liquor Control Act

39(1)          Section 1 of the Liquor Control Act, chapter L-10 of the Revised Statutes, 1973, is amended by adding the following definition in alphabetical order:

 

"municipality" includes a rural community incorporated under the Municipalities Act;

 

39(2)          Section 69 of the Act is amended

 

(a)          in paragraph (1)(c)

 

(i)      by repealing subparagraph (ii) and substituting the following:

 

(ii)     if the premises is situated in a municipality, a written statement in accordance with subsection (1.1) that the carrying on of the proposed business in the proposed premises is in conformity with the planning and zoning requirements of the municipality as provided for in its rural plan, municipal plan, basic planning statement, zoning by-law and any other by-laws or regulations made under the Community Planning Act, and

 

(ii)     in subparagraph (iii) by striking out "a city, town or village" and substituting "a municipality";

 

(b)          in subsection (1.1) by striking out "the city, town or village" wherever it appears and substituting "the municipality".

 

39(3)          Subsection 102(1) of the Act is amended by striking out "organization, city, town or village" and substituting "organization or municipality".

 

Loan and Trust Companies Act

40                Subsection 1(1) of the Loan and Trust Companies Act, chapter L-11.2 of the Acts of New Brunswick, 1987, is amended in paragraph (d) of the definition "improved real estate" by striking out "a municipality" and substituting "a municipality or rural community".

 

Mechanics' Lien Act

41                Section 2 of the Mechanics' Lien Act, chapter M-6 of the Revised Statutes, 1973, is amended by striking out "a municipality" and substituting "a municipality or rural community".

 

Motor Carrier Act

42(1)          Subsection 13(2) of the Motor Carrier Act, chapter M-16 of the Revised Statutes, 1973, is repealed and the following is substituted:

 

13(2)          The Board may establish any municipality or rural community or an area contiguous to any municipality or rural community, but not extending more than fifty-five kilometres from the boundary of the municipality or rural community, as an exempt area upon such terms and conditions as the Board in its discretion may deem necessary.

 

42(2)          The Act is amended by adding after section 15 the following:

 

15.1            Sections 14 and 15 apply with the necessary modifications to a rural community.

 

Motor Vehicle Act

43(1)          Section 1 of the Motor Vehicle Act, chapter M-17 of the Revised Statutes, 1973, is amended

 

(a)          in the definition "local authority" by striking out "municipality" and substituting "municipality or rural community";

 

(b)          in the definition "urban district" by striking out "municipality" and substituting "municipality or rural community".

 

43(2)          Subsection 169.1(1) of the Act is amended in the definition "school crossing guard" by striking out "a municipality" wherever it appears and substituting "a municipality or rural community".

 

43(3)          Paragraph 265(2.01)(b) of the Act is amended by striking out "a municipal by-law" and substituting "a municipal or rural community by-law".

 

43(4)          Paragraph 275(1)(b) of the Act is repealed and the following is substituted:

 

(b)          a taxicab outside the territorial jurisdiction of any municipality, rural community or highway board,

 

Municipal Assistance Act

44(1)          Section 1 of the Municipal Assistance Act, chapter M-19 of the Revised Statutes, 1973, is amended

 

(a)          in the definition "unconditional grant"

 

(i)      in paragraph (a) by striking out "and";

 

(ii)     in paragraph (b) by striking out the period at the end of the paragraph and substituting a semicolon followed by "and";

 

(iii)   by adding after paragraph (b) the following:

 

(c)           in respect of a rural community, the grant determined in accordance with paragraph 5.01(a).

 

(b)          by adding the following definition in alphabetical order:

 

"rural community tax base" means the amount computed on or before October 15 or as soon thereafter as is practicable of the year previous to the year in respect of which the unconditional grant is determined as

 

(a)          the total assessed value of all real property liable to taxation under the Assessment Act in a rural community, excluding

 

(i)      real property owned by the rural community,

 

(ii)     real property of utility commissions owned by the rural community, and

 

(iii)   real property referred to in paragraph (b.1) of the definition "real property" under the Assessment Act;

 

(b)          the assessed value of all real property in a rural community owned by the Crown in right of New Brunswick;

 

(c)           the assessed value of real property in a rural community owned by the Crown in right of Canada;

 

(d)          the assessed value of real property in a rural community that is exempt from taxation under paragraph 4(1)(l) of the Assessment Act; and

 

(e)           one-half of the assessed value of any real property in a rural community referred to in paragraphs (a), (b) and (c) that is "non-residential property" as defined under section 1 of the Assessment Act;

 

44(2)          The Act is amended by adding after section 4.4 the following:

 

4.41            On or before August 31 of the year prior to that in respect of which the unconditional grant is to be determined or as soon thereafter as practicable, the Lieutenant-Governor in Council shall fix the total amount of unconditional grant for rural communities.

 

44(3)          Section 5 of the Act is amended

 

(a)          in subsection (4)

 

(i)      in paragraph (a) by striking out "Municipal Grants Act (Canada)" and substituting "Payments in Lieu of Taxes Act (Canada)";

 

(ii)     in paragraph (b) by striking out "Municipal Grants Act (Canada)" and substituting "Payments in Lieu of Taxes Act (Canada)";

 

(b)          in subsection (5) by striking out "Municipal Grants Act (Canada)" and substituting "Payments in Lieu of Taxes Act (Canada)";

 

(c)          in subsection (6) by striking out "Municipal Grants Act (Canada)" and substituting "Payments in Lieu of Taxes Act (Canada)".

 

44(4)          The Act is amended by adding after section 5 the following:

 

5.01            Each year the Minister of the Environment and Local Government shall

 

(a)          determine in accordance with the regulations an unconditional grant for each rural community,

 

(b)          credit to each rural community the portion of the unconditional grant determined under paragraph (a) that relates to the provision of services by the Minister of the Environment and Local Government, and

 

(c)           compute and credit to each rural community the amount to be raised on the rural community tax base for the provision of services by the Minister of the Environment and Local Government.

 

44(5)          Section 5.1 of the Act is repealed.

 

44(6)          Subsection 6.01(3) of the French version of the Act is amended by striking out "établi en vertu de la présente loi" and substituting "établi en vertu de la présente loi ou de toute autre loi".

 

44(7)          The Act is amended by adding after section 6.01 the following:

 

6.02            On or before the first day of each month in each year, the Minister shall pay to each rural community

 

(a)          a portion of the grant determined under paragraph 5.01(a) for the rural community that remains after the rural community has been credited with a portion of the grant under paragraph 5.01(b), and

 

(b)          one-twelfth of the amount estimated under paragraph 190.081(2)(b) of the Municipalities Act.

 

6.03            If the rural community tax base of a rural community under the Municipalities Act includes the assessed value of real property in the rural community that is exempt from taxation under paragraph 4(1)(l) of the Assessment Act, the portion of the amount referred to in paragraph 6.02(b) that is equal to the tax on such real property that would be due and owing to the rural community under subsection 5(2.003) of the Real Property Tax Act if the real property were not exempt from taxation under paragraph 4(1)(l) of the Assessment Act shall be deemed to be a grant paid by the Minister to the rural community.

 

6.04(1)       Notwithstanding any provision in this Act, other than this section, or in any other Act or any regulation under this Act or any other Act, a rural community that collects tax and penalties under subsection 6(4) of the Real Property Tax Act is not entitled to the payment under paragraph 6.02(b) for the period of time of such collection.

 

6.04(2)       Notwithstanding any provision in this Act, other than this section, or in any other Act or any regulation under this Act or any other Act, where the Minister collects, under the Real Property Tax Act, the tax imposed by a rural community under paragraph 5(2)(a.1) of the Real Property Tax Act and the penalties on the tax for and on behalf of the rural community and the rural community claims the tax and penalties from the Minister, the rural community is not entitled to the payment under paragraph 6.02(b).

 

6.04(3)       Notwithstanding any provision in this Act, other than this section, or in any other Act or any regulation under this Act or any other Act, where a rural community has been paid the amounts under paragraph 6.02(b) for a year, whether before or after the commencement of this subsection, the payment shall be deemed to be in full satisfaction of the payment over to the rural community of the tax imposed under paragraph 5(2)(a.1) of the Real Property Tax Act and the penalties on the tax for that year.

 

44(8)          Section 7 of the Act is amended

 

(a)          in subsection (1) by striking out "municipality" wherever it appears and substituting "municipality or rural community";

 

(b)          in subsection (2) in the portion preceding paragraph (a) by striking out "Minister" and substituting "Minister of the Environment and Local Government";

 

(c)          by adding after subsection (2) the following:

 

7(3)             In the case of an incorporation, amalgamation, annexation or decrement of a rural community, the Minister of the Environment and Local Government may determine

 

(a)          the population of a rural community, and

 

(b)          the rural community tax base.

 

44(9)          Section 9 of the Act is amended by adding after subsection (2.1) the following:

 

9(2.2)         This section applies with the necessary modifications to a rural community.

 

44(10)        Section 13 of the Act is amended

 

(a)          by repealing subsection (1) and substituting the following:

 

13(1)          The Lieutenant-Governor in Council may pay to a municipality or rural community or credit to a local service district a stimulation grant to assist the municipality, rural community or local service district in developing or improving the standard of a service or facility.

 

(b)          in subsection (2) by striking out "the municipality or the Minister" and substituting "the municipality, the rural community or the Minister of the Environment and Local Government";

 

(c)          in subsection (4)

 

(i)      in paragraph (a) by striking out "and" at the end of the paragraph;

 

(ii)     in paragraph (b) by striking out the period at the end of the paragraph and substituting a comma followed by "and";

 

(iii)   by adding after paragraph (b) the following:

 

(c)           the unconditional grants determined under paragraph 5.01(a).

 

(d)          in subsection (5) by striking out "municipalities" and substituting "municipalities and rural communities".

 

44(11)        Section 14 of the Act is amended by striking out "a municipality" and substituting "a municipality or rural community".

 

44(12)        Subsection 15(1) of the Act is amended

 

(a)          by adding after paragraph (b.2) the following:

 

(b.21)     respecting the determination of an unconditional grant for a rural community under paragraph 5.01(a);

 

(b)          in paragraph (b.3) by striking out "a municipality" and substituting "a municipality or rural community".

 

Municipal Capital Borrowing Act

45                The Municipal Capital Borrowing Act, chapter M-20 of the Revised Statutes, 1973, is amended by adding after section 14 the following:

 

15                This Act and any regulations under this Act apply with the necessary modifications to a rural community incorporated under section 190.072 of the Municipalities Act in respect of its obtaining money for a capital expense by way of a loan or the issue of debentures.

 

Municipal Debentures Act

46                The Municipal Debentures Act, chapter M-21 of the Revised Statutes, 1973, is amended by adding after section 1.1 the following:

 

1.2               This Act and any regulations under this Act apply with the necessary modifications to the issue of debentures by a rural community incorporated under section 190.072 of the Municipalities Act.

 

Municipal Elections Act

47                Section 3.1 of the Municipal Elections Act, chapter M-21.01 of the Acts of New Brunswick, 1979, is repealed and the following is substituted:

 

3.1               This Act and any regulations under this Act apply with the necessary modifications to the election of members of a rural community council, including the rural community mayor, under the Municipalities Act.

 

Municipal Heritage Preservation Act

48                The Municipal Heritage Preservation Act, chapter M-21.1 of the Acts of New Brunswick, 1978, is amended by adding after section 2 the following:

 

2.1               This Act and any regulations under this Act apply with the necessary modifications to the preservation and protection of lands, buildings and structures of historical or architectural significance by a rural community incorporated under section 190.072 of the Municipalities Act.

 

Municipalities Act

49(1)          Section 1 of the Municipalities Act, chapter M-22 of the Revised Statutes, 1973, is amended

 

(a)          in the definition "council" by striking out "councillors" and substituting "councillors of a municipality";

 

(b)          by repealing the definition "rural community" and substituting the following:

 

"rural community" means an area incorporated as a rural community under section 190.072;

 

(c)          in the definition "rural community clerk" by striking out "subsection 27.5(5.2)" and substituting "subsection 190.077(2)";

 

(d)          by repealing the definition "rural community committee";

 

(e)          by adding the following definitions in alphabetical order:

 

"member of a rural community council" means any person elected to a rural community council;

 

"rural community council" means the rural community mayor and rural community councillors of a rural community;

 

"rural community councillor" means a member of a rural community council other than the rural community mayor;

 

"rural community tax base" means the amount computed on or before October 15 or as soon thereafter as is practicable of the year previous to the year in respect of which the unconditional grant under the Municipal Assistance Act is determined as

 

(a)          the total assessed value of all real property liable to taxation under the Assessment Act in a rural community, excluding

 

(i)      real property owned by the rural community,

 

(ii)     real property of utility commissions owned by the rural community, and

 

(iii)   real property referred to in paragraph (b.1) of the definition "real property" under the Assessment Act;

 

(b)          the assessed value of all real property in a rural community owned by the Crown in right of New Brunswick;

 

(c)           the assessed value of real property in a rural community owned by the Crown in right of Canada;

 

(d)          the assessed value of real property in a rural community that is exempt from taxation under paragraph 4(1)(l) of the Assessment Act; and

 

(e)           one-half of the assessed value of any real property in a rural community referred to in paragraphs (a), (b) and (c) that is "non-residential property" as defined under section 1 of the Assessment Act;

 

49(2)          Section 6 of the Act is amended by striking out "committee".

 

49(3)          Subsection 6.1(1) of the French version of the Act is amended in the portion preceding paragraph a) by striking out "n'est pas" and substituting "ne peut être tenue".

 

49(4)          Section 7 of the Act is amended

 

(a)          in subsection (4)

 

(i)      by repealing paragraph (b) and substituting the following:

 

(b)          enter into an agreement with one or more municipalities or rural communities or with any person, including the Crown, whereby the cost and use of the service may be shared by the parties to the agreement;

 

(ii)     in paragraph (c) by striking out "one or more municipalities or with any person including the Crown" and substituting "one or more municipalities or rural communities or with any person, including the Crown,";

 

(iii)   in paragraph (d) by striking out "one or more municipalities" and substituting "one or more municipalities or rural communities";

 

(b)          by adding after subsection (5) the following:

 

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

 

49(5)          Section 7.1 of the Act is amended by adding after subsection (9) the following:

 

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.

 

49(6)          Subsection 8(2) of the Act is amended by striking out "another municipality" and substituting "another municipality or a rural community".

 

49(7)          Section 14 of the Act is amended

 

(a)          in subsection (1)

 

(i)      in paragraph (d) by striking out "or" at the end of the paragraph;

 

(ii)     in paragraph (e) by striking out the period at the end of the paragraph and substituting a semicolon;

 

(iii)   by adding after paragraph (e) the following:

 

(f)           may incorporate a rural community as a municipality; or

 

(g)          may amalgamate one or more rural communities with one or more municipalities and, if necessary, annex contiguous areas to the new municipality.

 

(b)          by adding after subsection (1.1) the following:

 

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.

 

(c)          in subsection (2)

 

(i)      in the portion preceding paragraph (a) by striking out "a council" and substituting "a council or rural community council";

 

(ii)     by adding after paragraph (b) the following:

 

(b.1)       amalgamation proceedings with respect to the amalgamation of one or more rural communities with one or more municipalities,

 

(d)          by adding after subsection (2) the following:

 

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.

 

(e)          by adding after subsection (5) the following:

 

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.

 

(f)           by adding after subsection (6) the following:

 

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

 

(a)          a municipality may be incorporated,

 

(b)          two or more municipalities may be amalgamated,

 

(c)           a contiguous area may be annexed to a municipality,

 

(d)          two or more municipalities may be amalgamated and contiguous areas annexed to the new municipality,

 

(e)           the territorial limits of a municipality may be decreased,

 

(f)           a municipality may be dissolved,

 

(g)          a rural community may be incorporated as a municipality, or

 

(h)          one or more rural communities may be amalgamated with one or more municipalities and contiguous areas annexed to the new municipality.

 

49(8)          Section 14.1 of the Act is amended

 

(a)          in paragraph (5)(a) by striking out "sections 27.3 to 27.5" and substituting "section 190.072";

 

(b)          by adding after subsection (5) the following:

 

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.

 

49(9)          Section 18 of the Act is repealed and the following is substituted:

 

18                An Order in Council effecting an incorporation, amalgamation, annexation, or decrement is conclusive evidence that all conditions precedent for the making of the order have been complied with and that the municipality or rural community thereby created and enlarged or decreased is duly incorporated.

 

49(10)        Section 19 of the Act is amended

 

(a)          in subsection (0.1)

 

(i)      in the definition "affected municipality" by striking out "an existing municipality" and substituting "an existing municipality or rural community";

 

(ii)     by adding the following definition in alphabetical order:

 

"council of an affected municipality" includes the rural community council of an existing rural community whose boundaries are affected by an Order in Council made under this section;

 

(b)          in subsection (1) in the portion preceding paragraph (a) by striking out "Order in Council" and substituting "Order in Council under section 14";

 

(c)          in subsection (4)

 

(i)      in paragraph (b) by striking out "paragraph 87(2)(a)" and substituting "paragraph 87(2)(a) or 190.081(2)(a)";

 

(ii)     in paragraph (c) by striking out "paragraph 87(2)(a)" and substituting "paragraph 87(2)(a) or 190.081(2)(a)";

 

(d)          in paragraph (15)(b) by striking out "section 23.01 or 27.4" and substituting "section 23.1 or 190.072";

 

(e)          by adding after subsection (17) the following:

 

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

 

49(11)        The Act is amended by adding after section 19.2 the following:

 

19.3            Sections 19.1 and 19.2 apply with the necessary modifications to a rural community.

 

49(12)        Section 23.01 of the Act is amended by striking out "and in section 27.4".

 

49(13)        Subsection 24(1) of the Act is amended

 

(a)          in paragraph (a) by striking out "a municipality" and substituting "a municipality or a rural community";

 

(b)          in paragraph (b) by striking out "a municipality" and substituting "a municipality or a rural community".

 

49(14)        Section 27.3 of the Act is repealed.

 

49(15)        Section 27.4 of the Act is repealed.

 

49(16)        Section 27.41 of the Act is repealed.

 

49(17)        Section 27.5 of the Act is repealed.

 

49(18)        Section 27.6 of the Act is repealed.

 

49(19)        Section 39.1 of the Act is amended by adding after subsection (3) the following:

 

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

 

49(20)        Section 68 of the Act is amended by adding after subsection (5) the following:

 

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.

 

49(21)        The Act is amended by adding after section 68.11 the following:

 

68.12          Sections 68.1 and 68.11 apply with the necessary modifications to a rural community.

 

49(22)        Section 87 of the Act is amended

 

(a)          in subsection (2.2)

 

(i)      in paragraph (a) by striking out "Municipal Grants Act (Canada)" and substituting "Payments in Lieu of Taxes Act (Canada)";

 

(ii)     in paragraph (b) by striking out "Municipal Grants Act (Canada)" and substituting "Payments in Lieu of Taxes Act (Canada)";

 

(b)          in subsection (4) of the English version by striking out "the operation of a municipality varies" and substituting "the municipal services vary".

 

49(23)        Section 87.1 of the Act is amended

 

(a)          in subsection (1) in the portion preceding paragraph (a) by striking out "Municipal Grants Act (Canada)" and substituting "Payments in Lieu of Taxes Act (Canada)";

 

(b)          in subsection (2) in the portion preceding paragraph (a) by striking out "Municipal Grants Act (Canada)" and substituting "Payments in Lieu of Taxes Act (Canada)".

 

49(24)        Section 90.01 of the Act is amended by adding after subsection (5) the following:

 

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

 

49(25)        Subsection 92(1) of the Act is repealed and the following is substituted:

 

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.

 

49(26)        The Act is amended by adding after section 108 the following:

 

108.1          Sections 107 and 108 apply with the necessary modifications to a rural community.

 

49(27)        Section 111 of the Act is amended by adding after subsection (3) the following:

 

111(4)        This section applies with the necessary modifications to a rural community.

 

49(28)        The Act is amended by adding after section 116 the following:

 

116.1          Sections 112 to 116 apply with the necessary modifications to a rural community.

 

49(29)        The Act is amended by adding after section 148 the following:

 

148.1          Sections 117 to 148 apply with the necessary modifications to a rural community.

 

49(30)        The Act is amended by adding after section 160 the following:

 

160.1          Sections 149 to 160 apply with the necessary modifications to a rural community.

 

49(31)        Section 163 of the Act is amended

 

(a)          in subsection (1) by striking out "municipalities" and substituting "municipalities and rural communities";

 

(b)          in subsection (2) by striking out "A council shall not" and substituting "Neither a council nor a rural community council shall".

 

49(32)        The Act is amended by adding after section 167 the following:

 

167.1          Sections 165 to 167 apply with the necessary modifications to a rural community.

 

49(33)        Section 180 of the Act is amended

 

(a)          by renumbering the section as subsection 180(1);

 

(b)          by adding after subsection (1) the following:

 

180(2)        A rural community may enter into an agreement with Canada providing for the policing of the rural community by the Royal Canadian Mounted Police upon such terms as are mutually agreed to by the parties.

 

49(34)        The Act is amended by adding after section 185 the following:

 

185.1          Sections 181 to 185 apply with the necessary modifications to a rural community.

 

49(35)        Section 186 of the Act is amended in the portion preceding paragraph (a) by striking out "a city, town or village" and substituting "a city, town, village or rural community".

 

49(36)        Section 189 of the Act is amended by adding after subsection (19) the following:

 

189(20)      This section applies with the necessary modifications to a rural community.

 

49(37)        The Act is amended by adding after section 190.07 the following:

 

RURAL COMMUNITIES

190.0705   In sections 190.071 to 190.09,

 

"service" means, unless the context requires otherwise, a service prescribed by regulation.

 

190.071(1)          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)          the inhabitants of an area may be incorporated as a rural community,

 

(b)          two or more rural communities may be amalgamated,

 

(c)           a contiguous area may be annexed to a rural community,

 

(d)          two or more rural communities may be amalgamated and contiguous areas annexed to the new rural community,

 

(e)           one or more rural communities may be amalgamated with one or more villages as a rural community and contiguous areas annexed to the new rural community,

 

(f)           the territorial limits of a rural community may be decreased, or

 

(g)          a rural community may be dissolved.

 

190.071(2)          The Minister may, and if petitioned by the rural community council shall, carry out a study to determine the feasibility of dissolving a rural community.

 

190.071(3)          A rural community shall not be dissolved except by a special Act of the Legislature.

 

190.072      If an area complies with the regulations under subsection 190.071(1), on the recommendation of the Minister, the Lieutenant-Governor in Council may by regulation

 

(a)          incorporate the inhabitants of the area as a rural community,

 

(b)          amalgamate two or more rural communities,

 

(c)           annex a contiguous area to a rural community,

 

(d)          amalgamate two or more rural communities and annex contiguous areas to the new rural community,

 

(e)           amalgamate one or more rural communities with one or more villages and annex contiguous areas to the new rural community, or

 

(f)           decrease the territorial limits of a rural community.

 

190.073(1)          On the recommendation of the Minister, the Lieutenant-Governor in Council may, in a regulation under section 190.072,

 

(a)          prescribe the effective date of the incorporation, amalgamation, annexation or decrement of the rural community,

 

(b)          prescribe the name of the rural community,

 

(c)           prescribe the boundaries of the rural community,

 

(d)          for the purpose of the first election, provide for

 

(i)      the composition of the first rural community council and local commissions,

 

(ii)     the holding of elections, either before or subsequent to the effective date of the incorporation, amalgamation, annexation or decrement,

 

(iii)   polling divisions,

 

(iv)    the fixing of days for nominations, either before or subsequent to the effective date of the incorporation, amalgamation, annexation or decrement,

 

(v)     the fixing of a day for the holding of the first election,

 

(vi)    the qualifications of candidates and voters,

 

(vii)   the preparation of voters lists,

 

(viii)  the fixing of a day for the taking of the oath of office,

 

(ix)    the fixing of days for first meetings of the rural community council and local commissions, and

 

(x)     such other matters as are deemed necessary to provide for the effective administration of the new rural community or any of its local commissions,

 

(e)           if a first election is held under paragraph (d) to elect a first rural community council prior to the effective date of the incorporation, amalgamation, annexation or decrement, fix the remuneration of the members of the first rural community council for the period falling between the taking of the oath of office and the effective date of the incorporation, amalgamation, annexation or decrement,

 

(f)           prescribe which services listed in the First Schedule are to be provided by the Minister in the rural community or any portion of it,

 

(g)          prescribe land use planning as a service that shall be provided in the rural community by the rural community,

 

(h)          make adjustments in relation to the provision of services for a local service district or other rural community affected by the incorporation, amalgamation, annexation or decrement,

 

(i)           make adjustments of assets and liabilities between rural communities affected by the regulation under section 190.072 as the rural communities agree upon or, in default of agreement, as the Lieutenant-Governor in Council deems equitable,

 

(j)           create, amalgamate or dissolve local commissions and make adjustments of assets and liabilities of local commissions as they agree upon or, in default of agreement, as the Lieutenant-Governor in Council deems equitable,

 

(k)           appoint one or more persons who have all the powers of a commissioner appointed under the Inquiries Act to inquire into and report to the Lieutenant-Governor in Council upon the adjustments of assets and liabilities referred to in paragraphs (i) and (j),

 

(l)           prescribe the number of members on the rural community council,

 

(m)          provide for the election of rural community councillors at large, by ward, or a combination of the two,

 

(n)          divide the rural community into wards,

 

(o)          designate any rural plan under subsection 77(2.1) of the Community Planning Act, any portion of a rural plan or any other regulation under the Community Planning Act or a rural plan adopted under subsection 77.2(1) of the Community Planning Act as the basic planning statement, rural plan, zoning regulation or other regulation, as the case may be, of the rural community or portion of the rural community,

 

(p)          prescribe transitional provisions in relation to a local service district or municipality that is abolished or altered as a result of the incorporation or change in the boundaries of a rural community, including adjustments of assets and liabilities, and

 

(q)          provide for all matters necessary or incidental to the incorporation, amalgamation, annexation or decrement.

 

190.073(2)          If an area is incorporated as a rural community under section 190.072, any service listed in the First Schedule provided in the area shall, subject to a provision under paragraph (1)(f) or (g), continue to be provided by the Minister in the rural community or that portion of the rural community until the service is discontinued pursuant to a regulation under paragraph 190.09(1)(s) or a by-law is enacted under subsection 190.079(1).

 

190.073(3)          If a service, whether provided by the Minister or the rural community, is discontinued in a rural community or any portion of a rural community, all liabilities associated with the service continue until discharged.

 

190.073(4)          If a rural community has not enacted a by-law under subsection 190.079(1) authorizing it to provide a garbage and refuse collection and disposal service, and notwithstanding that the rural community or any area within the rural community has not been established in accordance with this Act for the provision of a garbage and refuse collection and disposal service by the Minister, the Minister may, in accordance with regulations made under section 191 and without following the procedure set out in a regulation made under paragraph 190.09(1)(s), provide that service in the rural community or in any area within the rural community, if the rural community or area is within the territory serviced by a regional solid waste commission established under section 15.3 of the Clean Environment Act.

 

190.073(5)          If the Minister provides a garbage and refuse collection and disposal service under subsection (4), the Minister 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 the Minister shall raise the money required for provision of the service in accordance with section 190.082.

 

190.073(6)          If a regulation is made under section 190.072, the Lieutenant-Governor in Council may

 

(a)          amend or repeal a rural plan or any other regulation made under the Community Planning Act to make adjustments respecting areas affected by the incorporation of the rural community, and

 

(b)          amend or repeal a regulation made under section 23.1 or 190.072 to make adjustments in respect of the boundaries of any local service district or rural community affected by the incorporation of the new rural community.

 

190.073(7)          The amalgamation of two or more rural communities does not affect the by-laws then in force in each of the former rural communities, and they remain in force in each former rural community until repealed by the rural community council of the new rural community.

 

190.073(8)          Subject to section 19.2, when an area is annexed to a rural community, the by-laws of the rural community extend to the annexed area.

 

190.073(9)          When the territorial limits of a rural community are decreased, the by-laws of the former rural community apply to the new rural community.

 

190.073(10)        Subsection 77(11) of the Community Planning Act does not apply to paragraph (6)(a).

 

190.074(1)          The inhabitants of a rural community created under section 190.072 are a body corporate under the name prescribed for it under section 190.072.

 

190.074(2)          Notwithstanding the description of the territorial limits of a rural community, all wharves, piers, docks, bridges, causeways, breakwaters and other similar structures contiguous to the boundary of a rural community are included within the rural community.

 

190.074(3)          A rural community has perpetual succession.

 

190.074(4)          A rural community may, in its corporate name,

 

(a)          sue and be sued,

 

(b)          become a party to any contract or agreement within its powers,

 

(c)           subject to the regulations, charge interest, at the rate determined by a resolution of the rural community council, on any debt owing to it,

 

(d)          receive by donation and otherwise acquire, hold, dispose of and convey any property, real or personal, for any purpose within its powers, and

 

(e)           take security in any form for a debt owing to it.

 

190.074(5)          A rural community may provide for, create, alter and abolish committees, departments, bureaus, divisions, boards, commissions, officials and agencies of the rural community and delegate administrative powers and duties to them.

 

190.074(6)          If a person defaults in doing any thing he or she has been lawfully ordered or directed by a rural community council to do, the rural community council may cause that thing to be done and recover the expense for doing it, with costs, together with any damages arising from the default, in an action against the person.

 

190.075(1)          A rural community shall have a corporate seal that the rural community council may alter or change at pleasure.

 

190.075(2)          No agreement, contract, deed or other document to which a rural community is a party has any force or effect unless it is

 

(a)          sealed with the corporate seal of the rural community, and

 

(b)          signed by the rural community mayor and the rural community clerk.

 

190.076(1)          The powers of a rural community are vested in and shall be exercised by its rural community council.

 

190.076(2)          A rural community council shall advise and assist the Minister in providing services listed in the First Schedule to the rural community.

 

190.076(3)          A rural community council is continuing and a new rural community council may take up and complete proceedings commenced by a previous rural community council.

 

190.076(4)          Members of a rural community council shall be elected in accordance with the Municipal Elections Act.

 

190.076(5)          Section 38 applies with the necessary modifications to the election of members of a rural community council.

 

190.076(6)          Sections 90.1 to 90.91 apply with the necessary modifications to a member of a rural community council.

 

190.077(1)          A rural community council may appoint a chief administrative officer for the rural community.

 

190.077(2)          A rural community council shall appoint a rural community clerk, a treasurer and an auditor.

 

190.077(3)          A rural community council 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 rural community.

 

190.077(4)          A person may be appointed to more than one office.

 

190.077(5)          No person who has been elected to a rural community council is eligible for appointment as an officer of or employment with the rural community during his or her term of office, unless the person

 

(a)          resigns his or her position on the rural community council before applying for the appointment or employment, and

 

(b)          was not involved in any discussions or decisions of the rural community council relating to the creation of, qualifications for or remuneration related to the appointment or employment.

 

190.077(6)          Subsection (5) does not apply when the employment is rendered voluntarily.

 

190.077(7)          With the exception of auditors, all officers employed solely by the rural community on a full time basis and appointed under this section, are entitled, subject to subsections (5) and (8), to hold office until retirement, death, resignation, or dismissal for cause by the affirmative vote of at least two-thirds of the members of the rural community council who are not disqualified from voting on the resolution.

 

190.077(8)          Subsection (7) 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).

 

190.077(9)          If a rural community council is authorized to appoint any officer it may appoint an acting officer if the officer is absent due to illness or any other reason or the office is vacant.

 

190.078(1)          The chief administrative officer of a rural community has the duties and powers that the rural community council prescribes by by-law or resolution.

 

190.078(2)          A rural community clerk, assistant clerk, treasurer, assistant treasurer and auditor shall perform the duties, exercise the powers and meet the qualifications provided for in a regulation under subsection 190.09(1).

 

190.078(3)          The rural community mayor, or such other person as the rural community council appoints, shall sign jointly with the treasurer all cheques issued by the rural community.

 

190.078(4)          The rural community council may provide by resolution that any signature required by subsection (3) be reproduced.

 

190.078(5)          The treasurer of a rural community is not liable for any money paid by him or her in accordance with a by-law or resolution of the rural community council unless another disposition of it is expressly provided for by statute.

 

190.078(6)          No person shall be appointed or hold the office of solicitor of a rural community unless the person is a member of the Law Society of New Brunswick.

 

190.078(7)          Notwithstanding that the remuneration of a solicitor for or counsel to a rural community is paid wholly or partly by salary, the rural community is entitled to tax and collect lawful costs in all actions and proceedings to which it is a party.

 

190.078(8)          No person shall be appointed or hold the office of engineer of a rural community unless the person is a registered professional engineer.

 

190.079(1)          A rural community may enact a by-law authorizing it to provide any of the services prescribed by regulation.

 

190.079(2)          A rural community shall enact a by-law to regulate the procedures of meetings of the rural community council, and such a by-law shall include those matters prescribed by regulation.

 

190.079(3)          Subject to subsection (4), except where it would be inconsistent with a provision in sections 190.071 to 190.09 or a provision in a regulation under those sections, a rural community may enact any by-law that a municipality may enact under this Act or a regulation under this Act.

 

190.079(4)          A rural community may enact a by-law under section 28, 29 or 31 that modifies any matter provided for in a regulation pursuant to paragraph 190.073(1)(l), (m) or (n), and those sections apply with the necessary modifications to a rural community.

 

190.079(5)          Subject to subsection (6), any provision in this Act or a regulation under this Act respecting the enactment or enforcement of a by-law, the prosecution or penalty for the contravention of a by-law or any other matter relating to a by-law applies with the necessary modifications to a rural community.

 

190.079(6)          If there is a conflict between a provision referred to in subsection (5) and a provision in sections 190.071 to 190.09 or a regulation under those sections, the provision in sections 190.071 to 190.09 or the regulation under those sections prevails.

 

190.08(1)   If a rural community carries out a power under this Act or provides a service, the rural community

 

(a)          shall administer the power or service,

 

(b)          shall pay the costs of the power or service, and

 

(c)           subject to the Motor Vehicle Act, may make by-laws with respect to the power or service.

 

190.08(2)   Without restricting the generality of any powers given under this Act, a rural community in providing a service may

 

(a)          acquire land or an interest in land that is adjacent to the rural community and use the land to provide the service,

 

(b)          enter into an agreement with one or more municipalities, rural communities or with any person, including the Crown, whereby the cost and use of a service may be shared by the parties to the agreement,

 

(c)           enter into an agreement with one or more municipalities, rural communities or with any person, including the Crown, to provide for the joint acquisition, ownership, development, extension, management or operation of services that may be provided by a rural community under this Act, and

 

(d)          enter into an agreement with one or more municipalities, rural communities or with the owner of a sewerage or water works providing

 

(i)      for the disposal or treatment of sewage, and

 

(ii)     for the payment of compensation for the use of the sewerage or water works.

 

190.08(3)   Subject to any other law regulating the distribution of natural gas in the Province, a rural community may enter into an agreement with a distributor of natural gas respecting the use of the property of the rural community and any other matter associated with the construction or operation of a natural gas distribution system.

 

190.08(4)   A rural community may participate in an airport commission and may enter into an agreement for that purpose.

 

190.08(5)   Subject to subsection (6), for the purpose of carrying out any of its powers or providing any of its services, a rural community 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 rural community.

 

190.08(6)   A rural community shall not expropriate where the subject matter of the expropriation is within the boundaries of another rural community or a municipality, and any such purported expropriation is invalid.

 

190.081(1)          The fiscal year of a rural community is the calendar year.

 

190.081(2)          Each year on or before a date to be fixed by regulation, a rural community shall adopt by resolution and submit to the Minister for approval in the prescribed form

 

(a)          an estimate of the money required for the operation of the rural community,

 

(b)          the amount of that estimate to be raised on the rural community tax base,

 

(c)           the rate at which the amount referred to in paragraph (b) is to be raised, and

 

(d)          the imposition of the tax under paragraph 5(2)(a.1) of the Real Property Tax Act.

 

190.081(3)          A rural community 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.

 

190.081(4)          When computing the rural community tax base for the purposes of paragraph (2)(b), the assessed value of real property in a rural community owned by the Crown in right of Canada shall be the amount determined by the Minister in accordance with subsection (5).

 

190.081(5)          The assessed value of real property in a rural community owned by the Crown in right of Canada shall be determined by the Minister by making

 

(a)          adjustments to the assessed value of the real property to reflect the previous year's property value determined under the Payments in Lieu of Taxes Act (Canada), and

 

(b)          such other adjustments as may be required to be made in respect of real property reclassifications and alterations and other modifications to real property so as to reflect the anticipated property value determined under the Payments in Lieu of Taxes Act (Canada).

 

190.081(6)          If the estimate under paragraph (2)(a) is not approved by the Minister, the rural community shall adopt the following revisions by resolution and submit the revisions to the Minister for approval:

 

(a)          a revision of the estimate under paragraph (2)(a);

 

(b)          a revision of the amount under paragraph (2)(b); and

 

(c)           a revision of the rate under paragraph (2)(c).

 

190.081(7)          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.

 

190.081(8)          Failure to pass a resolution under this section does not invalidate the rate fixed under subsection (7).

 

190.081(9)          If the services provided by a rural community vary in different areas of the rural community to a degree that, in the opinion of the rural community council, warrants an adjustment of the rate fixed in paragraph (2)(c), the rural community may fix different rates for different areas, or portions of an area, accordingly.

 

190.081(10)        If an unincorporated area is annexed to a rural community, the rural community, 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 (9) for real property that

 

(a)          was located in the unincorporated area immediately before the annexation, and

 

(b)          is not subject to a credit under section 2 of the Residential Property Tax Relief Act.

 

190.081(11)        If a rural community fixes a rate under subsection (9) or (10), the rural community shall adjust the rate fixed in paragraph (2)(c) so that the amount of the estimate under paragraph (2)(b) remains the same.

 

190.082(1)          The Minister shall raise the money required for the Minister to provide services in a rural community by taxation within the rural community in accordance with the Real Property Tax Act.

 

190.082(2)          Where services provided in different areas of a rural community by the Minister vary to a degree that, in the opinion of the Minister, warrants an adjustment of the rates fixed under paragraph 190.082(5)(d), the Minister may fix different rates for different areas, or portions of an area, accordingly.

 

190.082(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.

 

190.082(4)          Where the cost of providing the service of garbage and refuse collection and disposal in different areas of a rural community 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 of an area, accordingly.

 

190.082(5)          Each year the Minister shall

 

(a)          prepare an estimate of the money required for the Minister to provide services for a rural community,

 

(b)          determine the amount of that estimate to be raised on the rural community tax base,

 

(c)           determine the amount of that estimate to be raised on a user-charge basis, if any, and

 

(d)          fix the rate at which the amount referred to in paragraph (b) is to be raised.

 

190.083(1)          If a payment made by the Province to a rural community 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,

 

(a)          the rural community council shall, on notice by the Minister, cause the difference to be credited to the current fund for the second next ensuing year, and

 

(b)          the Minister of Finance shall for the second next ensuing year include the amount that represents such difference in the payment made under section 6.02 of the Municipal Assistance Act.

 

190.083(2)          If a payment made by the Province to a rural community 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,

 

(a)          the rural community council shall, on notice by the Minister, cause the difference to be debited against the current fund for the second next ensuing year, and

 

(b)          the Minister of Finance shall for the second next ensuing year deduct the amount that represents such difference from the payment made under section 6.02 of the Municipal Assistance Act.

 

190.084(1)          Subject to this section and the Municipal Capital Borrowing Act, a rural community may borrow money for rural community purposes.

 

190.084(2)          A rural community 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 the rural community for that year or five thousand dollars, whichever is greater.

 

190.084(3)          Subject to subsection (4), a rural community 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 the rural community.

 

190.084(4)          Subject to subsection (5), if 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 rural community may borrow the sum authorized by the plebiscite.

 

190.084(5)          Subject to subsection (6), a rural community may not borrow any money for capital expenditures

 

(a)          if the amount to be borrowed would exceed six per cent of the assessed value of real property in the rural community, or

 

(b)          subject to the terms and conditions prescribed by regulation, if the annual charges to repay the total amount of money borrowed would exceed the percentage prescribed by regulation of the budget of the rural community.

 

190.084(6)          The money borrowed under subsections (3) and (5) is deemed to be the net amount of money borrowed.

 

190.084(7)          For the purposes of this section, any money borrowed by a rural community under section 111 or for the construction or renovation of an electric power, water or sanitary sewerage system is not considered as money borrowed.

 

190.084(8)          A rural community council 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.

 

190.084(9)          A rural community council 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.

 

190.085      A rural community may, in accordance with the regulations, establish, manage and contribute to

 

(a)          an operating reserve fund, and

 

(b)               a capital reserve fund.

 

190.086(1)          Notwithstanding any other provision of this Act or the Municipal Capital Borrowing Act, when two or more rural communities are amalgamated under section 190.072, any outstanding authority of a former rural community to borrow money, granted and approved under the Municipal Capital Borrowing Act, may, with the written authorization of the Minister, continue in the name of the new rural community.

 

190.086(2)          If the inhabitants of an area that includes two or more rural communities are incorporated or amalgamated under section 190.072 or a rural community is incorporated as a municipality, all the assets and liabilities of the former rural community or rural communities and its or their local commissions are assets and liabilities of the new rural community or municipality, and the new rural community or municipality for all purposes stands in the place and stead of the former rural community or rural communities.

 

190.086(3)          If the territorial limits of a rural community are decreased, the assets and liabilities of the former rural community and its local commissions shall be adjusted in accordance with an agreement between the rural community and the Minister.

 

190.086(4)          Subsections (1) and (2) apply with the necessary modifications to the amalgamation under section 190.072 of one or more rural communities with one or more villages.

 

190.087(1)          A rural community shall not be liable in an action in nuisance, where the damage is the result of

 

(a)          water overflowing from a sewer, drain, ditch or watercourse due to excessive snow, ice, mud or rain, or

 

(b)          the construction, operation or maintenance of a system or facility for the collection, conveyance, treatment or disposal of wastewater, storm water or both.

 

190.087(2)          Subsection (1) does not apply to a cause of action that arose before the coming into force of this section.

 

190.088(1)          Except as provided under this section or a regulation made under section 190.072, the Municipal Elections Act applies to first elections of rural community councils, and first elections of rural community councils shall be conducted under the Municipal Elections Act.

 

190.088(2)          If a first election under paragraph 190.073(1)(d) is held at the same time as a quadrennial election, the Municipal Electoral Officer may, after December 31 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 190.073(1)(d).

 

190.088(3)          If a first election is held under paragraph 190.073(1)(d), a person is not qualified to be a candidate for the office of rural community mayor or councillor unless the person has been resident within the boundaries of the rural community, as the boundaries of the rural community are described in the regulation under section 190.072, for at least six months immediately before the election.

 

190.088(4)          If a first election is held under paragraph 190.073(1)(d) in a rural community divided into wards, a person is not entitled to be a candidate for the office of rural community councillor for a ward unless the person is resident in the ward, as that ward is described in the regulation under paragraph 190.073(1)(n), at the time of the person's nomination.

 

190.088(5)          If a first election is held under paragraph 190.073(1)(d) in a rural community divided into wards,

 

(a)          the voters resident in a ward shall vote only for the candidates nominated for that ward unless otherwise provided for in a regulation under section 190.072, and

 

(b)          a separate ballot paper shall be prepared under the Municipal Elections Act for each ward and shall contain the names of the candidates seeking election as

 

(i)      rural community mayor,

 

(ii)     a rural community councillor for the ward, and

 

(iii)   a rural community councillor at large.

 

190.088(6)          Paragraph (5)(a) does not apply to candidates for the office of rural community mayor or rural community councillor at large.

 

190.088(7)          If a first election under paragraph 190.073(1)(d) is conducted at the same time as a quadrennial election, the Municipal Electoral Officer shall give a Notice of Election in relation to the rural community as described under the regulation effecting the incorporation, amalgamation, annexation or decrement but shall not give a Notice of Election in relation to the rural community that exists prior to the effective date of the incorporation, amalgamation, annexation or decrement of that rural community.

 

190.088(8)          Except where a first election is conducted at the same time as a quadrennial election and subject to subsection (9), the preliminary voters list for a first election shall be the most recent voters list prepared for the previous election.

 

190.088(9)          The Municipal Electoral Officer may, if the Municipal Electoral Officer considers it advisable, prepare in accordance with the Municipal Elections Act a new voters list for the first election of members of a rural community council.

 

190.088(10)        If there is a conflict between a provision of a regulation made under paragraph 190.073(1)(d) and a provision of this section, the provision in the regulation prevails.

 

190.089      A basic planning statement, rural plan, zoning regulation or other regulation designated under paragraph 190.073(1)(o) shall remain in force in the rural community or portion of the rural community until amended or repealed under the Community Planning Act.

 

190.09(1)   On the recommendation of the Minister, the Lieutenant-Governor in Council may make regulations

 

(a)          respecting the composition of a rural community council;

 

(b)          respecting the election of a rural community deputy mayor from among the rural community councillors;

 

(c)           respecting the duties and powers of a rural community mayor, rural community deputy mayor and rural community councillors;

 

(d)          respecting the duties, powers and qualifications of a rural community clerk, assistant clerk, treasurer, assistant treasurer or auditor under this Act or any other Act;

 

(e)           respecting the bonding of officers and employees of a rural community;

 

(f)           respecting the acceptance of office and the taking of and subscribing to an oath of office by a rural community mayor or a rural community councillor;

 

(g)          respecting the circumstances under which a member of a rural community council may be required to prove that he or she is qualified to hold office;

 

(h)          respecting the circumstances under which a member of a rural community council may be declared incapable of holding office;

 

(i)           respecting the disqualification of a member of a rural community council;

 

(j)           respecting the resignation of a member of a rural community council;

 

(k)           respecting vacancies on a rural community council, including the reduction of quorum requirements for or the composition of a rural community council due to vacancies;

 

(l)           respecting the remuneration and payment of expenses of a rural community mayor and rural community councillors;

 

(m)          respecting the procedure for the holding of meetings of a rural community council;

 

(n)          respecting the frequency of meetings of a rural community council;

 

(o)          respecting the quorum for a meeting of a rural community council;

 

(p)          respecting the minutes of meetings and other documents of a rural community council;

 

(q)          respecting by-elections to a rural community council;

 

(r)           prescribing the services that a rural community may provide under the authority of a by-law enacted under subsection 190.079(1);

 

(s)           respecting the procedure for the provision or discontinuance of a service listed in the First Schedule to a rural community where a rural community has not enacted a by-law under subsection 190.079(1) with respect to that service;

 

(t)           respecting the procedure for a rural community council to provide advice to the Minister on the provision or discontinuance of a service listed in the First Schedule to a rural community;

 

(u)          respecting the procedure for a rural community to discontinue providing a service where a by-law under subsection 190.079(1) is or has been in force in the rural community with respect to that service;

 

(v)           respecting conditions that shall be fulfilled before a rural community may discontinue providing a service where a by-law under subsection 190.079(1) is or has been in force in the rural community with respect to that service;

 

(w)          respecting the procedure for advising the Minister of the provision or discontinuance of a service to or by a rural community;

 

(x)           respecting procedures for the conduct of business by a rural community council, including voting procedures and the manner in which decisions may be made by a rural community council;

 

(y)           respecting the indemnification against liability for any costs, charges or expenses incurred in relation to a civil, criminal or administrative action by a member or former member of a rural community council, officer or former officer of a rural community, an employee or former employee of a rural community or a member or former member of a committee, board, commission or agency established by a rural community council as a result of being or having been a member of a rural community council, an officer or employee of a rural community or a member of a committee, board, commission or agency established by a rural community council.

 

190.09(2)   A person who violates or fails to comply with a provision of a regulation under paragraph (1)(f) commits an offence that is punishable under Part II of the Provincial Offences Procedure Act as a category B offence.

 

49(38)        Subsection 191(1) of the Act is repealed and the following is substituted:

 

191(1)        Where a municipality or a rural community is empowered to make by-laws respecting a matter, the Lieutenant-Governor in Council may, upon the recommendation of the Minister, make regulations respecting the matter that are applicable to

 

(a)          the unincorporated areas of the Province, and

 

(b)          rural communities that have not enacted a by-law with respect to the matter.

 

49(39)        Subsection 192(1) of the Act is amended

 

(a)          in paragraph (a.2) by striking out "a municipality" and substituting "a municipality or rural community";

 

(b)          by adding after paragraph (a.2) the following:

 

(a.3)       respecting the sharing of services by an agreement under subsection 7(4), including the sharing of the cost and other matters related to the operation of shared services;

 

(c)          in paragraph (e) by striking out "all municipalities" and substituting "municipalities and rural communities";

 

(d)          by repealing paragraph (f) and substituting the following:

 

(f)           prescribing the day on or before which a municipality or rural community shall prepare and submit an estimate of the money required for the operation of the municipality or rural community;

 

(e)          by adding after paragraph (j.1) the following:

 

(j.2)        prescribing the percentage of the budget of a rural community for the purposes of paragraph 190.084(5)(b) and prescribing terms and conditions for the purposes of that paragraph;

 

(f)           in paragraph (k.1) by striking out "section 90" and substituting "section 90 or 190.085".

 

49(40)        Section 193.2 of the Act is amended

 

(a)          in subsection (1) by striking out "a local service district or an area within a local service district" and substituting "a local service district or a rural community or an area within a local service district or a rural community";

 

(b)          in subsection (2) by striking out "a local service district or an area within a local service district" and substituting "a local service district or a rural community or an area within a local service district or a rural community".

 

Municipal Thoroughfare Easements Act

50                The Municipal Thoroughfare Easements Act, chapter M-22.1 of the Acts of New Brunswick, 1975, is amended by adding after section 4 the following:

 

5                  A rural community incorporated under section 190.072 of the Municipalities Act may make an application for an Order in Council under subsection 2(1) in the same manner as a municipality, and this Act and any regulations under this Act apply with the necessary modifications to a rural community.

 

New Brunswick Highway Corporation Act

51                Subsection 6(2) of the New Brunswick Highway Corporation Act, chapter N-5.11 of the Acts of New Brunswick, 1995, is amended

 

(a)          in paragraph (c) by striking out "a municipality" and substituting "a municipality or rural community";

 

(b)          in subparagraph (d)(ii) by striking out "a municipality" and substituting "a municipality or rural community".

 

New Brunswick Housing Act

52                Subsection 1(1) of the New Brunswick Housing Act, chapter N-6 of the Revised Statutes, 1973, is amended by adding the following definition in alphabetical order:

 

"municipality" includes a rural community incorporated under the Municipalities Act;

 

New Brunswick Municipal Finance Corporation Act

53(1)          Section 1 of the New Brunswick Municipal Finance Corporation Act, chapter N-6.2 of the Acts of New Brunswick, 1982, is amended in the definition "municipality"

 

(a)          in paragraph (a) by striking out "and";

 

(b)          in paragraph (b) by striking out the semicolon at the end of the paragraph and substituting a comma followed by "and";

 

(c)          by adding after paragraph (b) the following:

 

(c)           a rural community incorporated under section 190.072 of the Municipalities Act;

 

53(2)          Subsection 13(3) of the Act is amended by striking out "section 90 or 189" and substituting "section 90, 189 or 190.085".

 

New Brunswick Public Libraries Act

54                Section 1 of the New Brunswick Public Libraries Act, chapter N-7.01 of the Acts of New Brunswick, 1997, is amended by adding the following definition in alphabetical order:

 

"municipality" includes a rural community incorporated under the Municipalities Act;

 

Occupational Health and Safety Act

55                Subsection 4(2) of the Occupational Health and Safety Act, chapter O-0.2 of the Acts of New Brunswick, 1983, is amended by striking out "municipalities" and substituting "municipalities or rural communities".

 

Off-Road Vehicle Act

56                Section 1 of the Off-Road Vehicle Act, chapter O-1.5 of the Acts of New Brunswick, 1985, is amended by repealing the definition "municipality" and substituting the following:

 

"municipality" means a city, town, village or rural community;

 

Ombudsman Act

57                Schedule A of the Ombudsman Act, chapter O-5 of the Revised Statutes, 1973, is amended in section 3 by striking out "Municipalities" and substituting "Municipalities and rural communities".

 

Parks Act

58(1)          Paragraph 3(2)(b) of the Parks Act, chapter P-2.1 of the Acts of New Brunswick, 1982, is amended

 

(a)          in subparagraph (v) by striking out "any municipality" and substituting "any municipality or rural community";

 

(b)          in the portion following subparagraph (vi) by striking out "any municipality" and substituting "any municipality, any rural community".

 

58(2)          Section 6 of the Act is amended

 

(a)          by renumbering the section as subsection 6(1);

 

(b)          by adding after subsection (1) the following:

 

6(2)             For rural community purposes, any land set apart as a provincial park or added to a provincial park, so long as it remains part of the provincial park, shall be deemed to be separated from any rural community of which it formed a part immediately before it became a provincial park or part of a provincial park.

 

Pension Benefits Act

59                Subsection 1(1) of the Pension Benefits Act, chapter P-5.1 of the Acts of New Brunswick, 1987, is amended in the definition "multi-employer pension plan" by striking out "municipal by-law" and substituting "municipal or rural community by-law".

 

Personal Property Security Act

60                Subsection 69(1) of the Personal Property Security Act, chapter P-7.1 of the Acts of New Brunswick, 1993, is amended by adding after paragraph (d) the following:

 

(d.1)       a rural community

 

(i)      by leaving it with the rural community mayor, rural community deputy mayor, rural community clerk or any solicitor of the rural community, or

 

(ii)     by sending it by registered mail addressed to the rural community, or to the rural community mayor, rural community deputy mayor, rural community clerk or any solicitor of the rural community, at the principal office of the rural community,

 

Plumbing Installation and Inspection Act

61(1)          Paragraph 4(3)(b) of the Plumbing Installation and Inspection Act, chapter P-9.1 of the Acts of New Brunswick, 1976, is amended by striking out "municipalities" and substituting "municipalities and rural communities".

 

61(2)          Section 6 of the Act is amended

 

(a)          in the portion preceding paragraph (a) by striking out "A municipality" and substituting "A municipality or rural community";

 

(b)     in paragraph (d) by striking out "municipal".

 

61(3)          Section 9 of the Act is amended by striking out "a municipality" and substituting "a municipality or rural community".

 

Police Act

62(1)          Section 1 of the Police Act, chapter P-9.2 of the Acts of New Brunswick, 1977, is amended

 

(a)          by repealing the definition "council" and substituting the following:

 

"council" means the council of a municipality and includes, unless the context requires otherwise, a rural community council;

 

(b)          in the definition "municipality" by striking out "town or village" and substituting "town or village and includes, unless the context requires otherwise, a rural community";

 

(c)          by adding the following definitions in alphabetical order:

 

"councillor" includes, unless the context requires otherwise, a rural community councillor;

 

"mayor" includes, unless the context requires otherwise, a rural community mayor;

 

62(2)          Section 3 of the Act is amended

 

(a)          in subsection (1) by striking out "Every municipality" and substituting "Subject to subsection (1.1), every municipality";

 

(b)          by adding after subsection (1) the following:

 

3(1.1)         A rural community shall be responsible for providing and maintaining adequate police services

 

(a)          within the whole rural community, if the rural community has enacted a by-law with respect to the provision of police services under subsection 190.079(1) of the Municipalities Act, or

 

(b)          within an area of the rural community, if the rural community is required to do so by a regulation under paragraph 14.1(5)(f) of the Municipalities Act.

 

62(3)          Section 7 of the Act is amended

 

(a)          in subsection (1) by striking out "Subject to section 8" and substituting "Subject to subsection (1.01) and section 8";

 

(b)               by adding after subsection (1) the following:

 

7(1.01)       A rural community shall not pass a resolution under subsection (1) unless it has enacted a by-law with respect to the provision of police services under subsection 190.079(1) of the Municipalities Act.

 

(c)          in subsection (1.1) in the portion preceding paragraph (a) by striking out "paragraph 7(3)(a)" and substituting "paragraph 7(3)(a) or 190.08(1)(a)".

 

Private Investigators and Security Services Act

63                Paragraph 2(a) of the Private Investigators and Security Services Act, chapter P-16 of the Revised Statutes, 1973, is amended

 

(a)          in subparagraph (i) by striking out "a municipality" and substituting "a municipality, a rural community";

 

(b)          in subparagraph (iii) by striking out "a municipality" and substituting "a municipality or rural community".

 

Provincial Offences Procedure Act

64(1)          Subsection 1(1) of the Provincial Offences Procedure Act, chapter P-22.1 of the Acts of New Brunswick, 1987, is amended in the definition "corporation"

 

(a)          in paragraph (a) by striking out "and";

 

(b)          by adding after paragraph (a) the following:

 

(a.1)       a rural community, and

 

64(2)          Subsection 101(2) of the Act is amended

 

(a)          by repealing paragraph (b) and substituting the following:

 

(b)          in the case of a municipality, to the mayor, deputy mayor, chief administrative officer, clerk, assistant clerk or other chief officer of the municipality or to the solicitor for the municipality,

 

(b)          by adding after paragraph (b) the following:

 

(b.1)       in the case of a rural community, to the rural community mayor, rural community deputy mayor, chief administrative officer, rural community clerk, assistant clerk or other chief officer of the rural community or to the solicitor for the rural community, or

 

64(3)          Section 115 of the Act is amended by adding after subsection (3) the following:

 

115(4)        The Minister of Finance shall pay to a rural community all fines and fixed penalties recovered for breaches of by-laws of that rural community.

 

115(5)        All fixed penalties which, if forwarded to the Minister of Finance under subsection (1) would be paid to a rural community under subsection (4), may be retained by a rural community or forwarded to it directly.

 

Provincial Offences Procedure for Young Persons Act

65                Subparagraph 13(1)(c)(iii) of the Provincial Offences Procedure for Young Persons Act, chapter P-22.2 of the Acts of New Brunswick, 1987, is amended by striking out "a municipality" and substituting "a municipality or rural community".

 

Public Health Act

66(1)          Section 1 of the Public Health Act, chapter P-22.4 of the Acts of New Brunswick, 1998, is amended

 

(a)          in paragraph (c) of the definition "occupier" by striking out "municipal taxes" and substituting "municipal or rural community taxes";

 

(b)          in the definition "public water supply system" by striking out "a municipality" and substituting "a municipality, a rural community".

 

66(2)          Section 22 of the Act is amended by adding before subsection (1) the following:

 

22(0.5)       In this section

 

"municipal service" includes a service provided by or on behalf of a rural community incorporated under the Municipalities Act.

 

66(3)          Paragraph 58(1)(c) of the Act is repealed and the following is substituted:

 

(c)           a band council as defined in the Indian Act (Canada), a municipality or a rural community,

 

Public Purchasing Act

67(1)          Section 1 of the Public Purchasing Act, chapter P-23.1 of the Acts of New Brunswick, 1974, is amended in the definition "government funded body" by striking out "municipality" and substituting "municipality, rural community".

 

67(2)          Paragraph 7(b) of the Act is amended by striking out "municipalities" and substituting "municipalities, rural communities".

 

Public Records Act

68                Section 1 of the Public Records Act, chapter P-24 of the Revised Statutes, 1973, is amended by striking out "any provincial or municipal officer" and substituting "any officer of the Province, a municipality or a rural community".

 

Public Service Superannuation Act

69(1)          Paragraph 20(1)(d) of the Public Service Superannuation Act, chapter P-26 of the Revised Statutes, 1973, is repealed and the following is substituted:

 

(d)          the governing body of a city, town, village or rural community, the employees of which contribute to a pension or superannuation plan under the Municipalities Act, or any Act relating to the city, town, village or rural community,

 

69(2)          Subsection 26(1) of the Act is amended in the definition "municipality" by striking out "incorporated village" and substituting "village, rural community".

 

Public Utilities Act

70(1)          Section 1 of the Public Utilities Act, chapter P-27 of the Revised Statutes, 1973, is amended in the definition "public utility" by striking out "any municipality" and substituting "any municipality or rural community".

 

70(2)          Section 27 of the Act is amended by striking out "same city, town or village and it is desired by one of the railway companies or by the municipal corporation or other public body, or by any person interested," and substituting "same municipality or rural community and it is desired by one of the railway companies or by the municipality, rural community, other public body or any interested person,".

 

70(3)          Section 28 of the Act is amended by striking out "same city, town or village, and it is desired by one of such companies, or by the municipal corporation or other public body, or by any person interested," and substituting "same municipality or rural community and it is desired by one of the companies, or by the municipality, rural community, other public body or any interested person,".

 

70(4)          Paragraph 29(a) of the Act is repealed and the following is substituted:

 

(a)          either of the companies, the municipality or rural community, other public body or any interested person, may file with the secretary of the Board of Transport Commissioners for Canada and with the secretary of the Board of Public Utilities an application for an order that the connection is required to be made, together with the evidence of service of the application upon the railway companies interested or affected; and where the application is not made by the municipality or rural community, upon the head of the municipality or rural community within which the proposed connection is to be made;

 

Quieting of Titles Act

71                Paragraph 18(1)(b) of the Quieting of Titles Act, chapter Q-4 of the Revised Statutes, 1973, is amended by striking out "any municipal charges" and substituting "any municipal or rural community charges".

 

Real Property Tax Act

72(1)          Paragraph 4(b) of the Real Property Tax Act, chapter R-2 of the Revised Statutes, 1973, is amended by striking out "for that rural community" and substituting "for that rural community by the Minister of the Environment and Local Government".

 

72(2)          Section 5 of the Act is amended

 

(a)          in subsection (2)

 

(i)      in paragraph (a) by striking out "and" at the end of the paragraph;

 

(ii)     by adding after paragraph (a) the following:

 

(a.1)       each year every rural community shall, by resolution of its rural community council under subsection 190.081(2) of the Municipalities Act, impose a tax on all real property within the rural community, at the rate fixed under subsection 190.081(2) of the Municipalities Act on all residential property within the rural community and at one and one-half times that rate on all non-residential property within the rural community; and

 

(iii)   by repealing paragraph (c) and substituting the following:

 

(c)           each year there shall be a tax on all real property within a local service district under the Municipalities Act, at the rate fixed under section 4 for that local service district on all residential property and at one and one-half times that rate on all non-residential property.

 

(b)          by adding after subsection (2.002) the following:

 

5(2.003)     The tax imposed by a rural community under paragraph (2)(a.1) is due and owing to that rural community.

 

(c)          in paragraph (4.1)(c) by striking out "for the year 1984" and substituting "subject to subsections (4.2) to (4.4), for the year 1984";

 

(d)               by adding after subsection (4.1) the following:

 

5(4.2)         If a rural community is responsible under subsection 3(1.1) of the Police Act for providing police services to the rural community or an area of the rural community, the rate under paragraph (4.1)(c) shall be reduced by twenty cents for real property situated in the rural community or any area of the rural community for which the rural community is responsible for providing the service.

 

5(4.3)         If a rural community has enacted a by-law under subsection 190.079(1) of the Municipalities Act with respect to the provision of the service of road and street maintenance, the rate under paragraph (4.1)(c) shall be reduced by forty-four cents for real property situated in the rural community.

 

5(4.4)         If a rural community is required by a regulation under paragraph 14.1(5)(f) of the Municipalities Act to provide the service of road and street maintenance to an area of a rural community, the rate under paragraph (4.1)(c) shall be reduced by forty-four cents for real property situated in that area of the rural community.

 

(e)          in subsection (11) by striking out "or a rural community";

 

(f)           by repealing subsection (13) and substituting the following:

 

5(13)          Notwithstanding paragraph (2)(a) or (a.1), where in a year the rate of tax referred to in paragraph (2)(a) or (a.1) for real property within a municipality or rural community, as the case may be, exceeds the average rate of tax for that year under subsection (10) and the real property is registered under the farm land identification program, the Minister of Agriculture, Fisheries and Aquaculture may pay for that year on behalf of the person in whose name the real property is assessed the amount of tax that is the difference between the tax imposed under paragraph (2)(a) or (a.1) on that real property for that year calculated at the rate referred to in paragraph (2)(a) or (a.1) and the tax that would be imposed on that real property for that year if the tax were calculated based on the average rate under subsection (10).

 

72(3)          Section 6 of the Act is amended

 

(a)          in subsection (1)

 

(i)      in the portion preceding paragraph (a) by striking out "subsection (2)" and substituting "subsections (2) and (4)";

 

(ii)     by repealing paragraph (a) and substituting the following:

 

(a)          taxes imposed under section 5, and

 

(i)      if the tax is imposed by a municipality under paragraph 5(2)(a), the Minister shall collect the tax for and on behalf of the municipality unless the Minister is notified under subsection (2), or

 

(ii)     if the tax is imposed by a rural community under paragraph 5(2)(a.1), the Minister shall collect the tax for and on behalf of the rural community unless the Minister is notified under subsection (4), and

 

(b)          by adding after subsection (3) the following:

 

6(4)             A rural community may collect the tax imposed under paragraph 5(2)(a.1) and any penalties with respect to such tax in accordance with the regulations if it notifies the Minister on the date fixed under subsection 190.081(2) of the Municipalities Act in the year that is two complete calendar years before the first day of January of the year it wishes to collect such tax and penalties.

 

6(5)             Where a rural community that collects tax and penalties under subsection (4) wishes to have the Minister collect such tax and penalties for and on behalf of the rural community, the rural community shall make a request to the Minister on the date fixed under subsection 190.081(2) of the Municipalities Act in the year that is two complete calendar years before the first day of January of the year it wishes to have the Minister collect such tax and penalties, and upon the approval of the Minister, the Minister shall collect such tax and penalties for and on behalf of the rural community.

 

Regional Development Corporation Act

73                Paragraph 4.1(d) of the Regional Development Corporation Act, chapter R-5.01 of the Acts of New Brunswick, 1987, is amended by striking out "municipalities" and substituting "municipalities and rural communities".

 

Regional Health Authorities Act

74(1)          Paragraph 13(e) of the Regional Health Authorities Act, chapter R-5.05 of the Acts of New Brunswick, 2002, is amended by striking out "a municipality" and substituting "a municipality or rural community".

 

74(2)          Paragraph 37(f) of the Act is amended by striking out "a municipality" and substituting "a municipality or rural community".

 

The Residential Tenancies Act

75(1)          Section 17 of The Residential Tenancies Act, chapter R-10.2 of the Acts of New Brunswick, 1975, is amended by striking out "municipal government" and substituting "municipal or rural community government".

 

75(2)          Subsection 29.1(2) of the Act is amended by striking out "the Province of New Brunswick or a municipality" and substituting "the Province of New Brunswick, a municipality or a rural community".

 

Service New Brunswick Act

76(1)          Paragraph 4(b) of the Service New Brunswick Act, chapter S-6.2 of the Acts of New Brunswick, 1989, is amended by striking out "municipalities, local service districts" and substituting "municipalities, rural communities, local service districts".

 

76(2)          Section 16.1 of the Act is amended by striking out "a local service district" and substituting "a municipality".

 

Small Business Investor Tax Credit Act

77(1)          Subparagraph 13(f)(ii) of the Small Business Investor Tax Credit Act, chapter S-9.05 of the Acts of New Brunswick, 2003, is amended by striking out "municipality" and substituting "municipality, rural community".

 

77(2)          Subparagraph 15(2)(b)(iii) of the Act is amended by striking out "municipality" and substituting "municipality, rural community".

 

Society for the Prevention of Cruelty to Animals Act

78(1)          Section 4 of the Society for the Prevention of Cruelty to Animals Act, chapter S-12 of the Revised Statutes, 1973, is repealed and the following is substituted:

 

4                  The society may establish branch societies or associations in any of the cities, towns, villages, rural communities or parishes of the Province, subject to such regulations as may be deemed expedient.

 

78(2)          Paragraph 30(4)(a) of the Act is amended by striking out "a municipality" and substituting "a municipality or rural community".

 

Statistics Act

79(1)          Subsection 11(1) of the Statistics Act, chapter S-12.3 of the Acts of New Brunswick, 1984, is amended by striking out "in any department or in any municipal office" and substituting "in any department, municipal office, rural community office".

 

79(2)          Section 13 of the Act is amended

 

(a)          in subsection (1) by striking out "municipality" and substituting "municipality, rural community";

 

(b)          in paragraph (2)(a) by striking out "municipality" and substituting "municipality, rural community".

 

79(3)          Paragraph 18(a) of the Act is amended by striking out "in any department or in any municipal office" and substituting "in any department, municipal office, rural community office".

 

Surety Bonds Act

80                Subsection 1(1) of the Surety Bonds Act, chapter S-16 of the Revised Statutes, 1973, is repealed and the following is substituted:

 

1(1)             Subject to section 5, the council of a municipality or rural community may accept the bonds or policies of guarantee of any incorporated company, empowered to issue or grant guarantee bonds or policies and approved of by the Lieutenant-Governor in Council as provided by section 5, for the integrity and faithful accounting of any of their officers, instead of or in addition to the bond or security of the officer or servant of the corporation, in all cases when by law or a by-law of the governing body the officer or servant is required to give security, either by the officer or servant or by the officer or servant and a surety or sureties, and where the parties directed or authorized to take such security see fit to accept the bond or policy of the company, and approve the terms and conditions; and all the provisions in the law or by-law relating to the security to be given by the officer or servant or his or her sureties apply to the bonds and policies of guarantee of the company.

 

Teachers' Pension Act

81                Paragraph 22.1(1)(d) of the Teachers' Pension Act, chapter T-1 of the Revised Statutes, 1973, is repealed and the following is substituted:

 

(d)          the governing body of a city, town, village or rural community, the employees of which contribute to a pension or superannuation plan under the Municipalities Act, or any Act relating to the city, town, village or rural community, or

 

Telephone Companies Act

82                Subsection 8(1) of the Telephone Companies Act, chapter T-2 of the Revised Statutes, 1973, is repealed and the following is substituted:

 

8(1)             Where a municipality, rural community or corporation having authority to construct and operate a long distance telephone service, and to charge telephone tolls, is desirous of using any long distance telephone service or long distance line, owned, controlled or operated by a company, upon which service or line the company is authorized to charge telephone tolls, in order to connect the telephone system, service or line, with the telephone system, service or line operated or to be operated by the municipality, rural community or corporation for the purpose of obtaining direct communication when required between any telephone or telephone exchange on the one telephone system, service, or line, and any telephone or telephone exchange on the other telephone system, service or line, and cannot agree with the company with respect to obtaining the connection or communication or the use, the municipality, rural community or corporation may apply to the Lieutenant-Governor in Council for relief, and the Lieutenant-Governor in Council may order the company to provide for the connection or communication or use upon such terms as to compensation as the Lieutenant-Governor in Council may deem just and expedient, and may order and direct how, when, where, by whom, and upon what terms and conditions the connections or communication or use shall be had, constructed, installed, operated and maintained.

 

Time Definition Act

83                Subsection 1(1) of the French version of the Time Definition Act, chapter T-6 of the Revised Statutes, 1973, is amended by striking out "municipal".

 

Tobacco Tax Act

84                Subsection 21.1(1) of the Tobacco Tax Act, chapter T-7 of the Revised Statutes, 1973, is amended in the definition "peace officer" by striking out "for a municipality or for a region" and substituting "for a municipality, rural community or region".

 

Tourism Development Act

85                Subsection 5(5) of the Tourism Development Act, chapter T-9 of the Revised Statutes, 1973, is amended by striking out "a municipality" and substituting "a municipality or rural community".

 

Unconscionable Transactions Relief Act

86                Section 1 of the Unconscionable Transactions Relief Act, chapter U-1 of the Revised Statutes, 1973, is amended in the definition "cost of loan" by striking out "treasurer of a municipality" and substituting "treasurer of a municipality or rural community".

 

Underground Storage Act

87                Subsection 2.1(2) of the Underground Storage Act, chapter U-1.1 of the Acts of New Brunswick, 1978, is amended by striking out "any person or municipality" and substituting "any person, municipality or rural community".

 

Unsightly Premises Act

88(1)          Section 1 of the Unsightly Premises Act, chapter U-2 of the Revised Statutes, 1973, is amended in the definition "person" by striking out "a municipality and the Crown" and substituting "a municipality, a rural community and the Crown".

 

88(2)          Section 2 of the Act is amended by striking out "including municipalities" and substituting "including municipalities and rural communities".

 

88(3)          Subsection 8(1) of the Act is amended by striking out "municipality" wherever it appears and substituting "municipality or rural community".

 

88(4)          Section 9 of the Act is amended

 

(a)          by repealing subsection (1) and substituting the following:

 

9(1)             If the premises, building or structure lies within a municipality or rural community that has an unsightly premises by-law, the Minister may give notice to that municipality or rural community requesting it to enforce its by-law.

 

(b)          by repealing paragraph (2)(g) and substituting the following:

 

(g)          be served on the clerk of the municipality or the rural community clerk, as the case may be, either personally or by registered mail, postage prepaid, addressed to the clerk.

 

Workers' Compensation Act

89                Section 1 of the Workers' Compensation Act, chapter W-13 of the Revised Statutes, 1973, is amended by adding the following definition in alphabetical order:

 

"municipality" includes a rural community incorporated under the Municipalities Act;

 

Transitional Provisions

90(1)          Notwithstanding the repeal of section 27.4 of the Municipalities Act and until the commencement of section 91, the rural community of Beaubassin East shall continue as if section 27.4 of the Municipalities Act had not been repealed.

 

90(2)          Notwithstanding the repeal of section 27.5 of the Municipalities Act and until the commencement of section 91, the rural community committee of the rural community of Beaubassin East shall continue as a body corporate as if section 27.5 of the Municipalities Act had not been repealed.

 

90(3)          Notwithstanding the repeal of sections 27.4 to 27.6 of the Municipalities Act and until the commencement of section 91, sections 27.4 to 27.6 of the Municipalities Act shall continue to apply to the rural community of Beaubassin East as if they had not been repealed.

 

91(1)          The inhabitants of the area established as the rural community of Beaubassin East on the commencement of this section shall be deemed to be a rural community incorporated under section 190.072 of the Municipalities Act, and the name of the rural community is Beaubassin East.

 

91(2)          The effective date of the incorporation under subsection (1) shall be the date of the commencement of this section.

 

91(3)          On the commencement of this section, the rural community committee of Beaubassin East is dissolved as a body corporate.

 

91(4)          The assets acquired and liabilities incurred by the rural community committee of Beaubassin East before the commencement of this section shall on the commencement of this section become assets and liabilities of Beaubassin East.

 

91(5)          The members of the rural community committee of Beaubassin East on the commencement of this section, other than the chairperson, shall continue as the councillors of the rural community council of Beaubassin East until the quadrennial election following the commencement of this section or until such person resigns from office, whichever occurs first.

 

91(6)          The chairperson of the rural community committee of Beaubassin East on the commencement of this section shall continue as the interim mayor of the rural community council of Beaubassin East until a mayor is elected at a by-election initiated by the Minister of the Environment and Local Government and held in accordance with a regulation under paragraph 190.09(1)(q) of the Municipalities Act.

 

91(7)          If, after the commencement of this section, there is a vacancy on the rural community council of Beaubassin East that is in office on the commencement of this section, the vacancy shall be dealt with in accordance with a regulation under paragraph 190.09(1)(k) of the Municipalities Act.

 

Conditional Amendments

92                On the later of the commencement of this section and subsection 3(3) of An Act Respecting Sunday Shopping, chapter 24 of the Acts of New Brunswick, 2004, section 27.7 of the Municipalities Act, chapter M-22 of the Revised Statutes, 1973, is amended

 

(a)          in subsection (1)

 

(i)      in paragraph (a) by striking out "or a rural community";

 

(ii)     in paragraph (b) by striking out "or rural community";

 

(b)          in subsection (2) in the portion preceding paragraph (a) by striking out "or a rural community".

 

93                On the later of the commencement of this section and section 72 of the Public Health Act, chapter P-22.4 of the Acts of New Brunswick, 1998, section 1 of An Act To Amend the Community Planning Act, chapter 50 of the Acts of New Brunswick, 1991, is amended by repealing section 55.1 as enacted by that section 1 and substituting the following:

 

55.1(1)       In this section

 

"municipal service" includes a service provided by or on behalf of a rural community.

 

55.1(2)       The development officer shall not approve a subdivision plan of land unless a determination under section 22 of the Public Health Act is recorded on the subdivision plan if the subdivision plan of land shows one or more lots less than two hectares and

 

(a)          shows that the water supply for the lots less than two hectares is not available by municipal services or a water supply system that is vested in the Crown in right of New Brunswick under paragraph 55(6)(b), or

 

(b)          shows that the collection, treatment and disposal of the sewage for any lot less than two hectares is not available by municipal services or a sanitary sewer system that is vested in the Crown in right of New Brunswick under paragraph 55(6)(b).

 

55.1(3)       The development officer shall not approve a subdivision plan of land unless a determination under section 22 of the Public Health Act is recorded on the subdivision if the subdivision plan of land shows one or more lots fronting on a publicly owned street with a rectangular width less than one hundred and fifty metres at the minimum setback established by by-law or regulation affecting the land and

 

(a)          shows that the water supply for any lot is not available by municipal services or a water supply system that is vested in the Crown in right of New Brunswick under paragraph 55(6)(b) of the Community Planning Act, or

 

(b)          shows that the collection, treatment and disposal of the sewage for any lot fronting on a publicly owned street and with a rectangular width less than one hundred and fifty metres at the minimum setback is not available by municipal services or a sanitary sewer system that is vested in the Crown in right of New Brunswick under paragraph 55(6)(b) of the Community Planning Act.

 

Commencement

94                This Act or any provision of it comes into force on a day or days to be fixed by proclamation.

 

EXPLANATORY NOTES

 

Section 1 – Agricultural Land Protection and Development Act

 

Consequential amendments to the Agricultural Land Protection and Development Act.

 

Section 2 – Archives Act

 

Consequential amendment to the Archives Act.

 

Section 3 – Assessment Act

 

Consequential amendments to the Assessment Act.

 

Section 4 – Assessment and Planning Appeal Board Act

 

Consequential amendment to the Assessment and Planning Appeal Board Act.

 

Section 5 – Auctioneers Licence Act

 

Consequential amendments to the Auctioneers Licence Act.

 

Section 6 – Auditor General Act

 

Consequential amendments to the Auditor General Act.

 

Section 7 – Boundaries Confirmation Act

 

Consequential amendments to the Boundaries Confirmation Act.

 

Section 8 – Business Improvement Areas Act

 

Consequential amendment to the Business Improvement Areas Act.

 

Section 9 – Cemetery Companies Act

 

Consequential amendments to the Cemetery Companies Act.

 

Section 10 – Clean Environment Act

 

Consequential amendments to the Clean Environment Act.

 

Section 11 – Clean Water Act

 

Consequential amendment to the Clean Water Act.

 

Section 12 – Community Planning Act

 

Consequential amendments to the Community Planning Act.

 

Section 13 – Companies Act

 

Consequential amendment to the Companies Act.

 

Section 14 – Conservation Easements Act

 

Consequential amendments to the Conservation Easements Act.

 

Section 15 – Consumer Product Warranty and Liability Act

 

Consequential amendment to the Consumer Product Warranty and Liability Act.

 

Section 16 – Control of Municipalities Act

 

Consequential amendments to the Control of Municipalities Act.

 

Section 17 – Coroners Act

 

Consequential amendment to the Coroners Act.

 

Section 18 – Corrections Act

 

Consequential amendments to the Corrections Act.

 

Section 19 – Crown Lands and Forests Act

 

Consequential amendments to the Crown Lands and Forests Act.

 

Section 20 – Days of Rest Act

 

Consequential amendment to the Days of Rest Act.

 

Section 21 – Easements Act

 

Consequential amendment to the Easements Act.

 

Section 22 – Education Act

 

Consequential amendments to the Education Act.

 

Section 23 – Elections Act

 

Consequential amendments to the Elections Act.

 

Section 24 – Electricity Act

 

Consequential amendment to the Electricity Act.

 

Section 25 – Elevators and Lifts Act

 

Consequential amendment to the Elevators and Lifts Act.

 

Section 26 – Emergency 911 Act

 

Consequential amendment to the Emergency 911 Act.

 

Section 27 – Emergency Measures Act

 

Consequential amendment to the Emergency Measures Act.

 

Section 28 – Evidence Act

 

Consequential amendments to the Evidence Act.

 

Section 29 – Expropriation Act

 

Consequential amendments to the Expropriation Act.

 

Section 30 – Financial Administration Act

 

Consequential amendment to the Financial Administration Act.

 

Section 31 – Fire Prevention Act

 

Consequential amendment to the Fire Prevention Act.

 

Section 32 – Gas Distribution Act, 1999

 

Consequential amendments to the Gas Distribution Act, 1999.

 

Section 33 – Health Act

 

Consequential amendments to the Health Act.

 

Section 34 – Highway Act

 

Consequential amendments to the Highway Act.

 

Section 35 – Industrial Relations Act

 

Consequential amendments to the Industrial Relations Act.

 

Section 36 – Insurance Act

 

Consequential amendments to the Insurance Act.

 

Section 37 – Judicature Act

 

Consequential amendment to the Judicature Act.

 

Section 38 – Land Titles Act

 

Consequential amendment to the Land Titles Act.

 

Section 39 – Liquor Control Act

 

Consequential amendments to the Liquor Control Act.

 

Section 40 – Loan and Trust Companies Act

 

Consequential amendment to the Loan and Trust Companies Act.

 

Section 41 – Mechanics' Lien Act

 

Consequential amendment to the Mechanics' Lien Act.

 

Section 42 – Motor Carrier Act

 

Consequential amendments to the Motor Carrier Act.

 

Section 43 – Motor Vehicle Act

 

Consequential amendments to the Motor Vehicle Act.

 

Section 44 – Municipal Assistance Act

 

(1)(a)          The existing definition is as follows:

 

"unconditional grant" means

 

(a)          in respect of a municipality, the grant determined in accordance with section 4, and

 

(b)          in respect of a local service district, the grant determined in accordance with paragraph 5(1)(a).

 

(b)          New definition.

 

(2)               New provision.

 

(3)               Corrections are made.

 

(4)               New provision.

 

(5)               The existing provision is as follows:

 

5.1               Any provision respecting a local service district in this Act or in any regulation under this Act applies with the necessary modifications to a rural community under the Municipalities Act.

 

(6)               A correction is made in the French version.

 

(7)               New provisions.

 

(8)(a)          Consequential amendment.

 

(b)          The existing provision is as follows:

 

7(2)             In the case of an incorporation, amalgamation, annexation or decrement of a municipality, the Minister may determine ...

 

(c)           New provision.

 

(9)               New provision.

 

(10)(a)        The existing provision is as follows:

 

13(1)          The Lieutenant-Governor in Council may pay to a municipality or credit to a local service district a stimulation grant to assist the municipality or local service district in developing or improving the standard of a service or facility.

 

(b)          The existing provision is as follows:

 

13(2)          A grant paid or credited under subsection (1) may be either current or capital in nature but if the grant is capital in nature, it shall be used by the municipality or the Minister to reduce any capital borrowing related to the service or facility for which the grant is made unless the Lieutenant-Governor in Council agrees to pay or credit an annual grant related to the amortization and maintenance costs of a project in lieu of a grant to be used to reduce the capital borrowing.

 

(c)           The existing provision is as follows:

 

13(4)          The total amount of stimulation grants to be paid in any year may be fixed by order of the Lieutenant-Governor in Council and shall not exceed fifteen per cent of the total of

 

(a)          the unconditional grants determined under paragraph 5(1)(a), and

 

(b)          the amounts required to be paid under paragraph 6(a).

 

(d)          Consequential amendment.

 

(11)             Consequential amendment.

 

(12)(a)        New regulation-making authority.

 

(b)          Consequential amendment.

 

Section 45 – Municipal Capital Borrowing Act

 

Consequential amendment to the Municipal Capital Borrowing Act.

 

Section 46 – Municipal Debentures Act

 

Consequential amendment to the Municipal Debentures Act.

 

Section 47 – Municipal Elections Act

 

Consequential amendment to the Municipal Elections Act.

 

Section 48 – Municipal Heritage Preservation Act

 

Consequential amendment to the Municipal Heritage Preservation Act.

 

Section 49 – Municipalities Act

 

(1)(a)          The existing definition is as follows:

 

"council" means the mayor and councillors;

 

(b)          The existing definition is as follows:

 

"rural community" means an area outside the territorial limits of a municipality that is established as a rural community under section 27.4;

 

(c)           Consequential amendment.

 

(d)          The existing definition is as follows:

 

"rural community committee" means a body corporate under section 27.5;

 

(e)           New definitions.

 

(2)               Consequential amendment.

 

(3)               A correction is made in the French version.

 

(4)(a)          The existing provisions are as follows:

 

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

 

(a)          acquire land or an interest in land that is adjacent to the municipality and use the land to provide the service;

 

(b)          enter into an agreement with one or more municipalities or with any person including the Crown whereby the cost and use of a service may be shared by the municipalities or the persons party to the agreement;

 

(c)           enter into an agreement with one or more municipalities or with any person including the Crown to provide for the joint acquisition, ownership, development, extension, management or operation of services that may be provided by municipalities under this Act; and

 

(d)          enter into an agreement with one or more municipalities or with the owner of a sewerage or water works providing

 

(i)      for the disposal or treatment of sewage, and

 

(ii)     for payment of compensation for use of the sewerage or water works.

 

(b)          New provision.

 

(5)               New provision.

 

(6)               The existing provision is as follows:

 

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

 

(7)(a)(i)      Consequential amendment.

 

(a)(ii)     Consequential amendment.

 

(a)(iii)    New provisions.

 

(b)          New provision.

 

(c)(i)       Consequential amendment.

 

(c)(ii)     New provision.

 

(d)          New provisions.

 

(e)           New provision.

 

(f)           New provision.

 

(8)(a)          Consequential amendment.

 

(b)          New provision.

 

(9)               Consequential amendment.

 

(10)(a)        Consequential amendments.

 

(b)          Consequential amendment.

 

(c)           Consequential amendments.

 

(d)          Consequential amendments.

 

(e)           New provision.

 

(11)             New provision.

 

(12)             Consequential amendment.

 

(13)             Consequential amendments.

 

(14)             The existing provision is as follows:

 

27.3            The Lieutenant-Governor in Council may, on the recommendation of the Minister, make regulations respecting the criteria and procedures for the establishment of an area outside the territorial limits of a municipality as a rural community, including, without limiting the generality of the foregoing, regulations respecting

 

(a)          the geographical size;

 

(b)          the population size;

 

(c)           the maximum number of members on a rural community committee;

 

(d)          the conditions that must be met before an area is established as a rural community;

 

(e)           the procedure to initiate the establishment of an area as a rural community.

 

(15)             The existing provision is as follows:

 

27.4(1)       Where an area outside the territorial limits of a municipality complies with the regulations under section 27.3, the Lieutenant-Governor in Council may, on the recommendation of the Minister, establish the area as a rural community in a regulation under subsection (2).

 

27.4(2)       The Lieutenant-Governor in Council may, on the recommendation of the Minister, make regulations

 

(a)          respecting the establishment of a rural community;

 

(b)          prescribing the effective date of establishment of a rural community;

 

(c)           prescribing the name of a rural community;

 

(d)          respecting the boundaries of a rural community;

 

(d.1)       respecting first elections, including

 

(i)      the holding of elections,

 

(ii)     the polling divisions,

 

(iii)   the fixing of days for nominations, either before or subsequent to the effective date of the establishment of the rural community,

 

(iv)    the qualifications of candidates and voters,

 

(v)     the preparation of voters lists,

 

(vi)    the fixing of days for first meetings of the rural community committee, and

 

(vii)   such other matters as are deemed necessary to provide for the effective administration of the rural community;

 

(e)           respecting the services to be provided in a rural community or any portion of it;

 

(e.1)       respecting adjustments in relation to the provision of services for any local service district or other rural community affected by the establishment of the rural community;

 

(f)           respecting the number of members on the rural community committee for a rural community;

 

(g)          respecting the election of members on the rural community committee for a rural community at large or by ward;

 

(h)          respecting the division of a rural community into wards for purposes of the election of members on the rural community committee where they are to be elected by ward;

 

(h.1)       designating any rural plan under subsection 77(2.1) of the Community Planning Act or any portion of a rural plan or any other regulation under the Community Planning Act as the basic planning statement, rural plan, zoning regulation or other regulation, as the case may be, of the rural community or portion of the rural community;

 

(i)           respecting transitional provisions in relation to a local service district or municipality that is abolished as a result of the establishment or change in the boundaries of a rural community, including adjustments of assets and liabilities.

 

27.4(2.1)    Except as provided under this section or a regulation made under subsection (2), the Municipal Elections Act applies to first elections of rural community committees and first elections of rural community committees shall be conducted under the Municipal Elections Act.

 

27.4(2.2)    Where a first election under subsection (2) 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 subsection (2).

 

27.4(2.3)    Where a first election is held under subsection (2), a person is not qualified to be a candidate as a rural community committee member unless the person has been resident within the boundaries of the rural community, as the boundaries of the rural community are described under the regulation made under subsection (2), for at least six months immediately before the election.

 

27.4(2.31)  Where a first election is held under subsection (2) in a rural community divided into wards,

 

(a)          the voters resident in a ward shall vote only for the candidates nominated for that ward, and

 

(b)          a separate ballot paper shall be prepared under the Municipal Elections Act for each ward and shall contain the names of the candidates seeking election as a member of a rural community committee for that ward.

 

27.4(2.4)    Except where a first election is conducted at the same time as a quadrennial election and subject to subsection (2.5), the preliminary voters list for a first election shall be the most recent voters list prepared for the previous election.

 

27.4(2.5)    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 of members of a rural community committee.

 

27.4(2.6)    Where there is a conflict between a provision of a regulation made under subsection (2) and a provision of subsections (2.1) to (2.5), the provision in the regulation prevails.

 

27.4(3)       Where an area outside a municipality is established as a rural community under subsection (2), any service provided in the area shall, subject to paragraph (2)(e), continue to be provided in the rural community or that portion of the rural community until the service is discontinued under subsections 25(1) and (2).

 

27.4(4)       Where a service is discontinued in a rural community or any portion of a rural community, all liabilities associated with the service continue until discharged.

 

27.4(5)       Where a regulation is made under subsection (2), the Lieutenant-Governor in Council may

 

(a)          amend or repeal a rural plan or any other regulation made under the Community Planning Act to make adjustments respecting areas affected by the establishment of the rural community, and

 

(b)          amend or repeal a regulation made under section 23.01 or 27.4 to make adjustments in respect of the boundaries of any local service district or rural community affected by the establishment of the rural community.

 

27.4(6)       Subject to subsection (3), sections 24 and 25 do not apply to this section.

 

27.4(7)       Subsection 77(11) of the Community Planning Act does not apply to paragraph (5)(a).

 

(16)             The existing provision is as follows:

 

27.41          A basic planning statement, rural plan, zoning regulation or other regulation designated under paragraph 27.4(2)(h.1) shall remain in force in the rural community or portion of the rural community until amended or repealed under the Community Planning Act.

 

(17)             The existing provision is as follows:

 

27.5(1)       A rural community committee shall advise and assist the Minister in the administration of the rural community.

 

27.5(2)       A rural community committee is a body corporate.

 

27.5(2.1)    A rural community committee shall have a corporate seal which the rural community committee may alter or change at pleasure.

 

27.5(3)       Members of a rural community committee shall be elected in accordance with the Municipal Elections Act.

 

27.5(4)       Section 38 applies with the necessary modifications to the election of members of a rural community committee.

 

27.5(5)       A rural community committee is continuing and a new rural community committee may take up and complete proceedings commenced by a previous rural community committee.

 

27.5(5.1)    Sections 90.1 to 90.91 apply with the necessary modifications to a member of a rural community committee.

 

27.5(5.2)    The Minister shall appoint a rural community clerk for each rural community committee.

 

27.5(5.3)    A rural community clerk shall perform the duties and exercise the powers provided for in the regulations under subsection (6).

 

27.5(6)       The Lieutenant-Governor in Council may, on the recommendation of the Minister, make regulations

 

(a)          respecting the selection of a chairperson, deputy chairperson and secretary from among the members of a rural community committee;

 

(a.1)       respecting the duties and powers of a chairperson, deputy chairperson and secretary referred to in paragraph (a);

 

(a.2)       respecting the duties and powers of a rural community clerk under this Act or any other Act;

 

(a.3)       respecting the acceptance of office and the taking and subscribing to an oath of office by members of a rural community committee;

 

(a.4)       respecting the circumstances under which a member of a rural community committee may be required to prove that he or she was qualified to hold office;

 

(a.5)       respecting the circumstances under which a member of a rural community committee may be declared incapable of holding office;

 

(a.6)       respecting the disqualification of members of a rural community committee;

 

(a.7)       respecting the resignation of members of a rural community committee;

 

(b)          respecting vacancies on a rural community committee;

 

(c)           respecting the tenure of members of a rural community committee;

 

(d)          Repealed: 1995, c.49, s.2.

 

(e)           respecting the payment of expenses of the members of a rural community committee;

 

(f)           respecting the procedure for the holding of meetings of a rural community committee;

 

(g)          respecting the frequency of meetings of a rural community committee;

 

(h)          respecting the quorum for a meeting of a rural community committee;

 

(i)           respecting the minutes of meetings of a rural community committee;