Legislative Assembly of New Brunswick
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An Act to Amend the Municipalities Act

Legislature :
54
Session :
4
Bill No. :
5
Member :
Hon. Jardine
First Reading :
2001-11-23
Second Reading :
2001-11-27
Committee of the Whole :
2001-12-5
2002-5-29
Amended :
Third Reading :
2002-5-30
Royal Assent :
2002-6-7

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

1 The Municipalities Act, chapter M-22 of the Revised Statutes, 1973, is amended by adding after section 7 the following:

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

       (a) prescribe garbage and refuse that will be collected and that will not be collected,

       (b) prohibit the disposal of certain garbage and refuse,

       (c) prescribe sorting and packaging requirements,

       (d) prescribe the terms and conditions of collection and any restrictions on collection, and

       (e) restrict garbage and refuse collection and disposal to certain classes of real property.

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

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

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

       (a) a rate or charge calculated by measuring the units of garbage and refuse being disposed of by a user of the service,

       (b) a flat rate or charge imposed on one or more different classes of users of the service, provided that the flat rate or charge is uniform within each class, or

       (c) any combination of the rates or charges described in paragraphs (a) and (b),

but does not include

(d) a rate or charge calculated by reference to the value of the real property in respect of which the service is being supplied.

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

       (a) collection and recovery,

       (b) discounts,

       (c) prepayment and instalment payment,

       (d) imposition of penalties for non-payment, and

       (e) proceedings to be taken in default of payment.

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

       (a) compel the owner of a building, the owner of a mobile home used as a temporary or permanent residence or the owner of a trailer used as a temporary or permanent
       residence to use the service, or

       (b) make a charge to the owner of the land on which a building, mobile home or trailer referred to in paragraph (a) is located, if the service is not used.

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

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

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

2 Section 23.1 of the Act is amended

       (a) by renumbering the section as subsection 23.1(1);

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

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

3 Section 27 of the Act is amended by adding after subsection (2) the following:

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

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

4 Section 27.01 of the Act is amended

       (a) in subsection (1)

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

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

       (b.1) determine the amount of that estimate to be raised on a user-charge basis, if any, and

5 Subsection 27.1(1) of the Act is amended by adding "in accordance with regulations made under section 191 and" after "the Minister may,".

6 Section 87 of the Act is amended by adding after section (2) the following:

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

7 The Act is amended by adding after section 191 the following:

191.1 Regulations made under section 191, with respect to garbage and refuse collection and disposal, may

       (a) be made retroactive to November 9, 1966, or any other later date, and

       (b) vary in different areas of the Province.

8 The Act is amended by adding after section 193.1 the following:

                                                   USER-CHARGES FOR GARBAGE SERVICES OUTSIDE MUNICIPALITIES

193.2(1) Where the Minister provides a garbage and refuse collection and disposal service on a user-charge basis to a local service district or an area within a local service
district, subsections 7.1(4), (7) and (9) apply with the necessary modifications to the provision of the service.

193.2(2) The amount to be raised through a user-charge for the service of garbage and refuse collection and disposal in a local service district or an area within a local service
district shall not exceed the cost of providing the service.

193.2(3) A user-charge levied under this section is a debt due the Crown.

9(1) Section 1 of this amending Act shall be deemed to have come into force on November 9, 1966.

9(2) No action taken by a municipality with respect to garbage and refuse collection and disposal is invalid by reason only that section 7.1 as enacted by section 1 of this
amending Act was not enacted at the time the action was taken.

10 No action, application or proceeding shall lie or be instituted or continued against the Minister in relation to actions of the Minister, before the commencement of this
section, in failing to provide the service of garbage and refuse collection and disposal to all real property or to any particular real property or class of real property within a
local service district.

11 This Act or any provision of it comes into force on a day or days to be fixed by proclamation.

 

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