BILL 42




Edmundston Act, 1998

Chapter Outline

INTERPRETATION

Definitions

affected municipality -- municipalité touchée

former municipality -- ancienne municipalité

Minister -- Ministre

quorum -- quorum

user-charge -- redevance d'usage 1

PART 1

AMALGAMATION AND ANNEXATION

Edmundston 2

Assets and liabilities 3

By-laws of former municipalities 4

FIRST COUNCIL

Application of the Municipal Elections Act 5

Residency 6

Eligibility of officer or employee 7

Eligibility of member of council 8

First election 9

Wards 10

Voting by wards 11

Powers of council of affected municipality 12

Powers of first council of Edmundston 13

Remuneration of members of first council 14

Provision of information 15

Powers respecting orderly transition 16

Acceptance of office 17

Conflict of interest 18

Second election 19

PART II

PROVISION OF MUNICIPAL SERVICES

Electric power 20

Winding up 21

Water services 22

Sewerage services 23

PART III

BY-LAWS

By-laws 24

Conflict between by-laws 25

PART IV

ADDITIONAL POWERS

Crest and coat of arms 26

Debts due 27

Grants 28

Quarries 29

PART V

TRANSITIONAL, SAVINGS AND REPEAL

Composition of council 30

Division of municipality into wards 31

Taxation zones 32

Continuance of borrowing authority 33

Pensions 34

Payment and services 35

Repeal 36-38

Savings 39-45

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

INTERPRETATION

Definitions

1(1)In this Act

"affected municipality" means an existing municipality whose boundaries are affected by an amalgamation and annexation under section 2;

"former municipality" means a municipality that is amalgamated under section 2 effective May 25, 1998;

"Minister" means the Minister of Municipalities, Culture and Housing;

"quorum" means a majority of the full number of members of council, that number being determined in accordance with section 9 or a by-law made under section 30;

"user-charge" means user-charge as defined under subsection 189(8) of the Municipalities Act.

1(2)The city of Edmundston created under subsection 2(1) is a municipality as defined in the Municipalities Act and the Municipalities Act applies to Edmundston except where provided otherwise under this Act.

1(3)The term "quorum" as defined in the Municipalities Act shall not apply to the municipality of Edmundston and for the purposes of the Municipalities Act the definition of the term "quorum" in relation to the municipality of Edmundston shall be that set out in subsection (1).

PART 1

AMALGAMATION AND ANNEXATION

Edmundston

2(1)The city called City of Edmundston, the town called Saint-Basile, the village called Village de Saint-Jacques and the village called Village de Verret are amalgamated as a city called Edmundston and portions of the local service district of the parish of Madawaska, being areas contiguous to Edmundston, are annexed to Edmundston effective May 25, 1998.

2(2)Notwithstanding subsection 3(2) and 22(3.1) of the Municipalities Act, the territorial limits of Edmundston are as follows:

Beginning at the point on the international boundary line between Canada and the United States where the southwesterly prolongation of the parish line between the parishes of Saint-Basile and Rivière-Verte meets the same, being also the eastern boundary of the lot with NBGIC PID #35166537 and the western boundary of the Village of Rivière-Verte; thence northeasterly along the eastern corner of the lot with NBGIC PID #35237866, the said corner being also on the southern right-of-way of a Crown reserved road; thence northeasterly along the southern right-of-way of the said road to a point on the southeastern boundary of the lot with NBGIC PID #35202639, said point being also on the northwestern right-of-way of Rang 3 Road; thence northeasterly along the northwestern right-of-way of the said road to a point on the northeastern boundary of the said lot; thence northwesterly along the northeastern boundary of the lot with NBGIC PID #35202639 to a point on the northeastern right-of-way of Monseigneur Lang Road; thence southwesterly along a straight line, crossing Monseigneur Lang Road, to a point where the southwestern right-of-way of the said road meets the northeastern boundary of the lot with NBGIC PID #35202639; thence northwesterly along the various courses of the northeastern boundary of the said lot and its prolongation to the northwestern corner of the lot with NBGIC PID #35169572; thence southwesterly along the western boundary of the said lot to the northeastern corner of the lot with NBGIC PID #35070804, said corner being also on the southwestern right-of-way of the Crown reserved road; thence northwesterly along the northeastern boundary of the said lot and its prolongation along the northeastern boundary of the lots with NBGIC PID #35198654, NBGIC PID #35227537, crossing Fournier Road, and continuing along the northeastern boundary of the lots with NBGIC PID #35166719, NBGIC PID #35166487, NBGIC PID #35168541, crossing du Pouvoir Road, and continuing along the northeastern boundary of the lot with NBGIC PID #35168418 to the northwestern corner of the lot with NBGIC PID #35166404, said corner being also on the parish line between the parishes of Saint-Basile and Saint-Joseph; thence southwesterly along the western boundary of the said lot to the northeastern corner of the lot with NBGIC PID #35029511, said corner being also on the parish line between the parishes of Saint-Basile, Saint-Joseph and Madawaska; thence northwesterly along the said parish line, crossing Titus Road, to the northwestern corner of the lot with NBGIC PID #35029909; thence southwesterly along the western boundary of the said lot and its prolongation, crossing Iroquois River, to the northeastern corner of the lot with NBGIC PID #35251776, said corner being also on the southwestern banks or shores of the Iroquois River; thence northwesterly along the various courses of the said southwestern banks or shores to a point on the southwestern prolongation of the eastern boundary of the lot with NBGIC #35141712; thence northeasterly along the said prolongation, crossing Iroquois River, and continuing along the said eastern boundary of the lot with NBGIC PID #35141712 to a point on the southwestern right-of-way of the Crown reserved road; thence northwesterly along the southwestern right-of-way of the said road, crossing Deuxième-Sault Road, and continuing to the northeastern corner of the lot with NBGIC PID #35186709, said corner being also on the parish line between the parishes of Saint-Jacques and Saint-Joseph; thence northwesterly along the said parish line to the northwestern corner of the lot with NBGIC PID #35165497; thence southwesterly along the northwestern boundary of the said lot, crossing Iroquois River to the northwestern corner of the lot with NBGIC PID #35162486; thence southwesterly along the northwestern boundary of the said lot and its prolongation to the southwestern corner of the lot with NBGIC PID #35269208, said corner being also on the northeastern right-of-way of Victoria Street (Madawaska River Road); thence southwesterly along a straight line, crossing Victoria Street (Madawaska River Road), to a point on the northeastern boundary of the lot with NBGIC PID #35274265; thence northwesterly along the northeastern boundary of the said lot to its northwestern corner; thence southwesterly along the western boundary of the said lot with NBGIC PID #35274265 and its prolongation to a point on the southwestern banks or shores of the Madawaska River, said point being also on the parish line between the parishes of Saint-Jacques and Madawaska; thence northwesterly along the various courses of the said southwestern banks or shores to the northwestern corner of the lot with NBGIC PID #35156868; thence southwesterly along the northwestern boundary of the said lot, crossing Route 2, and continuing along the northwestern boundary of the said lot to its southwestern corner, said corner being also on the northeastern right-of-way of a Crown reserved road; thence southeasterly along the southwestern boundary of the said lot with NBGIC PID #35156868 and continuing along the southwestern boundary of the lots with NBGIC PID #35157197, NBGIC PID #35156538, NBGIC PID #35269497, crossing Rivière-à-la-Truite Road, and continuing along the southwestern boundary of the lots with NBGIC PID #35157395, being also the northeastern right-of-way of the Farlagne Road, and NBGIC PID #35156934 and NBGIC PID #35015619 and its prolongation to the southeastern corner of the lot with NBGIC PID #35160092, said corner being also on the parish line between the parishes of Saint-Jacques and Madawaska; thence southwesterly along the said parish line, crossing Trois-Milles Road and Guerrette Road, to the southwestern corner of the lot with NBGIC PID #35147933, said corner being also on the parish line between the parishes of Saint-Hilaire and Madawaska; thence southeasterly and southwesterly along the said parish line to the southwestern corner of the lot with NBGIC PID #35029636; thence southeasterly along the southern boundary of the said lot to a point on the northeasterly prolongation of the eastern boundary of the lot with NBGIC PID #35169408; thence southwesterly along the said prolongation and the eastern boundary of the said lot and its southwesterly prolongation to a point on the southern boundary of the lot with NBGIC PID #35029651, said point being also on the parish line between the parishes of Madawaska and Saint-Hilaire; thence southeasterly along the parish line between the parishes of Saint-Hilaire and Madawaska, crossing Route 120, and continuing along the said parish line and its prolongation to a point on the previous mentioned international boundary; thence northeasterly and southeasterly along the various courses of the said international boundary to the point of beginning, excluding the Indian Reserve.

2(3)The inhabitants of the area referred to in subsection (2) continue as a body corporate called Edmundston.

2(4)Sections 14, 19 and 19.01 of the Municipalities Act do not apply to the amalgamation and annexation under subsection (1).

Assets and liabilities

3Notwithstanding section 21 of the Municipalities Act but subject to sections 21 and 32, the assets and liabilities of the former municipalities of the city called City of Edmundston, the town called Saint-Basile, the village called Village de Saint-Jacques and the village called Village de Verret are, as of May 25, 1998, assets and liabilities of Edmundston and the new municipality of Edmundston for all purposes stands in the place and stead of the former municipalities of the city called City of Edmundston, the town called Saint-Basile, the village called Village de Saint-Jacques and the village called Village de Verret.

By-laws of former municipalities

4(1)Notwithstanding section 20 of the Municipalities Act, the amalgamation of the city called City of Edmundston, the town called Saint-Basile, the village called Village de Saint-Jacques and the village called Village de Verret does not affect the by-laws in force in each of these former municipalities made under

(a)the All-Terrain Vehicle Act, the Business Improvement Areas Act, the Cemetery Companies Act, the Community Planning Act, the Motor Carrier Act, the Motor Vehicle Act, the Municipal Heritage Preservation Act, the Municipalities Act, the Plumbing Installation and Inspection Act, the Police Act and the Telephone Companies Act, or

(b)a provision of any of the Acts repealed under section 36 in respect of which Edmundston has been given express by-law making authority under section 24,

and such by-laws remain in force in each of the former municipalities until repealed by the council of Edmundston.

4(2)The by-laws of the former municipality of the city called City of Edmundston apply to the areas annexed to Edmundston.

FIRST COUNCIL

Application of the Municipal Elections Act

5Except as provided under this Act, the Municipal Elections Act applies to the election of the first council of Edmundston.

Residency

6(1)A person is not qualified to be a candidate for the office of mayor or councillor unless the person has been resident within the territorial limits of Edmundston, as the territorial limits of Edmundston are described under subsection 2(2), for at least six months immediately before the election.

6(2)A person is not qualified to be a candidate for the office of councillor for a ward unless the person is resident in the ward, as that ward is described under section 10, at the time of the person's nomination.

Eligibility of officer or employee

7No person who on the day of the filing of nomination papers is an officer or a full-time employee of or on leave of absence from the city called City of Edmundston, the town called Saint-Basile, the village called Village de Saint-Jacques or the village called Village de Verret is qualified to be a candidate, capable of being elected or returned or holding office as a member of the first council of Edmundston.

Eligibility of member of council

8(1)A member of the council of the city called City of Edmundston, the town called Saint-Basile, the village called Village de Saint-Jacques or the village called Village de Verret

(a)may be a candidate for the office of mayor or councillor on the first council of Edmundston without resigning his or her office on the council of the city called City of Edmundston, the town called Saint-Basile, the village called Village de Saint-Jacques or the village called Village de Verret, and

(b)if elected,

(i)is entitled

(A)to hold office on the first council of Edmundston, and

(B)to continue in office on the council of the city called City of Edmundston, the town called Saint-Basile, the village called Village de Saint-Jacques or the village called Village de Verret until the effective date of the amalgamation and annexation, and

(ii)shall not be required to resign from office on the council of the city called City of Edmundston, the town called Saint-Basile, the village called Village de Saint-Jacques or the village called Village de Verret by reason only that the member is also a member elected to the first council of Edmundston prior to the effective date of the amalgamation and annexation.

8(2)Notwithstanding subsection 39(1) of the Municipalities Act, a member of the council of the city called City of Edmundston, the town called Saint-Basile, the village called Village de Saint-Jacques and the village called Village de Verret shall hold office until the effective date of the amalgamation and annexation.

First election

9For the purposes of the first election

(a)the first council shall be composed of a mayor and twelve councillors;

(b)the mayor shall be elected at large from within the territorial limits referred to in subsection 2(2);

(c)two councillors shall be elected from each ward described in section 10;

(d)the Municipal Electoral Officer shall

(i)subdivide the area being annexed to Edmundston into polling divisions in accordance with the factors set out in subsection 10(1) of the Municipal Elections Act, and

(ii)where the boundaries of the wards established under section 10 intersect the polling divisions established for the city called City of Edmundston and the village called Village de Verret for the 1995 triennial election, the Municipal Electoral Officer shall, where necessary, establish new polling divisions in accordance with subsection 10(1) of the Municipal Elections Act;

(e)enumeration shall begin on March 12, 1998;

(f)the notice of election shall be published no later than March 9, 1998;

(g)the nomination of candidates shall close at 2:00 p.m. on March 20, 1998;

(h)the election shall be held on April 6, 1998;

(i)notwithstanding subsection 10(1) of the Municipalities Act, the taking of the oath of office and the first meeting of council shall be held on April 20, 1998, except that if a quorum of council cannot be constituted at that time as a result of a petition requesting a recount under section 42 of the Municipal Elections Act, the taking of the oath of office and the first meeting of council shall be held within ten days after the candidates have been declared elected under the Municipal Elections Act; and

(j)a person elected to council shall accept office by taking and subscribing to the oath of office in accordance with section 17.

Wards

10For the purposes of the first election there shall be six wards within the territorial limits referred to in subsection 2(2), consisting of

(a)Ward 1, called Madawaska and described as follows:

Beginning at the point where the parish line between the parishes of Saint-Jacques and Madawaska meets the western banks or shores of the Madawaska River; thence southwesterly and southeasterly along the said parish line and its prolongation to the southwestern corner of the lot with NBGIC PID #35161611; thence southeasterly along the southern boundary of the said lot, crossing Canada Road, and its prolongation to a point on the eastern banks or shores of the Madawaska River; thence southwesterly and southeasterly along the various courses of the eastern banks or shores of the said river to a point on the southwesterly prolongation of the centre line of Ypres Avenue; thence northeasterly along the said prolongation and the centre line of Ypres Avenue and the centre line of 45th Avenue and its prolongation to a point on the northeastern right-of-way of Route 2; thence northwesterly along the said right-of-way to a point on the southeastern right-of-way of a Crown reserved road; thence northeasterly along the said right-of-way to a point on the northeastern boundary of the city limits; thence northwesterly and southwesterly along the various courses of the city limits to the place of beginning;

(b)Ward 2, called Iroquois and described as follows:

Beginning at the point where the southwestern prolongation of the centre line of Ypres Avenue meets the eastern banks or shores of the Madawaska River; thence northeasterly along the said prolongation and the centre line of Ypres Avenue and the centre line of 45th Avenue and its prolongation to a point on the northeastern right-of-way of Route 2; thence northwesterly along the said northeastern right-of-way to a point on the southeastern right-of-way of a Crown reserved road; thence northeasterly along the said southeastern right-of-way to a point on the city limits; thence southeasterly along the various courses of the city limits to a point on the parish line between the parishes of Saint-Jacques and Madawaska; thence southwesterly along the said parish line and the western boundary of the Indian Reserve to a point on the northeastern right-of-way of Route 2; thence northwesterly along the said right-of-way to a point on the northeasterly prolongation of the centre line of 34th Avenue; thence southwesterly along the said prolongation and the centre line of 34th Avenue; to a point on the centre line of Martin Street; thence southeasterly along the said centre line of Martin Street to a point on the centre line of Hébert Boulevard (Route 120); thence southwesterly along the said centre line to a point on the eastern banks or shores of Madawaska River; thence northwesterly along the said eastern banks or shores to the place of beginning;

(c)Ward 3, called Petit-Sault and described as follows:

Beginning at the point where the western boundary of the Indian Reserve meets the southwestern right-of-way of Route 2; thence southwesterly along the said western boundary to a point on the northeastern banks or shores of the Saint John River; thence northwesterly along the said banks or shores to a point on the southwesterly prolongation of the centre line of 18th Avenue; thence northeasterly along the said prolongation and the centre line of 18th Avenue to a point on the centre line of Park Street; thence northwesterly along the said centre line and its prolongation to a point on the centre line of 21st Avenue; thence southwesterly along the centre line of 21st Avenue to a point on the centre line of Bellevue Street; thence northwesterly along the said centre line to a point on the centre line of 23rd Avenue; thence northerly along the said centre line and its prolongation to a point on the southeasterly prolongation of the centre line of Severin Dupuy Street; thence northwesterly along a straight line to a point on the southwestern corner of the lot with NBGIC PID #35161611; thence southeasterly along the said southern boundary, crossing Canada Road, and its prolongation to a point on the eastern banks or shores of the Madawaska River; thence southeasterly along the said banks or shores to a point on the centre line of Hébert Boulevard; thence northeasterly along the said centre line to a point on the centre line of Martin Street; thence northwesterly along the said centre line to a point on the centre line of 34th Avenue; thence northeasterly along the said centre line and its prolongation to a point on the southwestern right-of-way of Route 2; thence southeasterly along the said right-of-way to the place of beginning;

(d)Ward 4, called Verret and described as follows:

Beginning at the point where the western boundary of Ward 3 meets the northern banks or shores of the Saint John River; thence northeasterly and northwesterly along the various courses of the western boundary of Ward 3 to a point on the southwestern corner of the lot with NBGIC PID #35161611, said corner being also on the western boundary of Ward 1; thence northwesterly along the said western boundary to a point on the parish line between the parishes of Madawaska and Saint-Jacques, said point being also on the northwestern limits of the city; thence southwesterly and southeasterly along the various courses of the city limits to a point on the western banks or shores of the Saint John River; thence northeasterly along the said banks or shores to the place of beginning;

(e)Ward 5, called Saint-Jacques and described as follows:

Beginning at a point where the southern boundary line of Lot 16, granted to Charles Hughes, meets the western bank or shore of the Madawaska River; thence southwesterly following the southern boundary line of the said Lot 16 to its southwesterly angle the said southern boundary line of the said Lot 16 being also the boundary line between the parishes of Madawaska and Saint Jacques; thence northwesterly following the rear boundary lines of the lots fronting on the western bank or shore of the Madawaska River to the northwestern angle of Lot 36, granted to Robert Parkhill; thence northeasterly following the northwestern boundary line of the said Lot 36 to meet the western bank or shore of the Madawaska River; thence southeasterly following the various courses of the said western bank or shore of the Madawaska River to the place of beginning;

(f)Ward 6, called Saint-Basile and described as follows:

Beginning at the point where the international boundary in the Saint John River meets the southwesterly prolongation of the eastern boundary of Lot No. 7, a Crown Grant to Peter Cere, the said eastern boundary being also on the parish line between the parishes of Saint-Basile and Rivière-Verte; thence northeasterly along the said eastern boundary and parish line to meet the baseline of the tier of lots fronting on the northern banks or shores of the Saint John River at the northeastern corner of the said Lot No. 7; thence northwesterly along the said baseline to the northwestern corner of Lot No. 206, a Crown Grant to B. Cyr, the said corner being also on the division line between the parishes of Saint-Basile and Saint-Joseph; thence southwesterly along the western boundaries of the said Lot No. 206 and of Lot No. 205, being a Crown Grant to Paul Cyr, being also the parish line between the parishes of Saint-Basile and Madawaska, to the northwestern corner of Lot No. 1, a Crown Grant to John Hart; thence southeasterly along the northern boundary of the said Lot No. 1 to its northeastern corner, the said corner being also the northwestern corner of the Indian Reserve; thence southeasterly along the northern boundary of the said reserve to its northeastern corner of the reserve; thence southwesterly along the eastern boundary of the said reserve and its prolongation to meet the international boundary in the Saint John River; thence southeasterly along the said international boundary following its various courses downstream to the place of beginning.

Voting by wards

11(1)The voters resident in a ward shall vote only for the candidates nominated for that ward.

11(2)Subsection (1) does not apply to candidates for the office of mayor.

11(3)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

(a)as mayor, and

(b)as a councillor for the ward.

Powers of council of affected municipality

12(1)Notwithstanding the effective date of the amalgamation and annexation or any provision of this Act or any other Act, the councils of the city called City of Edmundston, the town called Saint-Basile, the village called Village de Saint-Jacques and the village called Village de Verret shall continue to exercise their powers in relation to the day-to-day activities of each respective municipality but onward from and including the day of the commencement of this section the council of the city called City of Edmundston, the town called Saint-Basile, the village called Village de Saint-Jacques and the village called Village de Verret shall not, unless expressly authorized by the Minister,

(a)enact, amend or repeal a by-law under the authority of this or any other Act,

(b)become a party to any agreement, contract, deed or any other document other than those provided for in the estimates adopted under paragraph 87(2)(a) of the Municipalities Act, by function, for the current year,

(c)borrow or make payments of funds other than those provided for in the estimates adopted under paragraph 87(2)(a) of the Municipalities Act, by function, for the current year,

(d)purchase or dispose of capital assets,

(e)appoint or dismiss officers or employees, or

(f)undertake any course of action that would

(i)affect the future administration of Edmundston, or

(ii)bind Edmundston to a particular course of action.

12(2)Where the council of the city called City of Edmundston, the town called Saint-Basile, the village called Village de Saint-Jacques or the village called Village de Verret acts in contravention of subsection (1), that action is void and has no force or effect.

Powers of first council of Edmundston

13(1)Notwithstanding the effective date of the amalgamation and annexation or any provision of this Act or any other Act, the first council of Edmundston, upon taking the oath of office and prior to the effective date of the amalgamation and annexation

(a)may appoint such officers to carry out their respective duties as are necessary to allow the first council to carry out its responsibilities under this section in relation to the new municipality of Edmundston and such appointments when made shall be immediately effective,

(b)shall prepare a transitional budget for submission to the Minister that sets out

(i)the remuneration of the members of the first council as fixed in section 14,

(ii)the expenses of the first council for the period prior to the effective date of the amalgamation and annexation, and

(iii)the salaries of the officers appointed under paragraph (a),

(c)may provide for a corporate seal, and

(d)may, in accordance with section 12 of the Municipalities Act, make by-laws regulating its procedure, prescribing the time and place of its regular meetings and providing for the calling of special meetings.

13(2)The transitional budget referred to in paragraph (1)(b) and any additional expenses incurred by the first council under this section shall be deemed to be an expense of Edmundston and shall be included in the estimate of the money required for the operation of Edmundston under paragraph 34(4)(a) for 1999.

13(3)The Minister may advance to the first council of Edmundston the amount determined under paragraph (1)(b) and that amount may be recovered by the Minister from any amount to be paid to Edmundston under the Municipal Assistance Act in 1999.

13(4)Notwithstanding the effective date of the amalgamation and annexation or any provision of this Act or any other Act, the first council of Edmundston, upon taking the oath of office

(a)may conduct a review of all by-laws of the affected municipalities whether enacted under the Municipalities Act or any other Act,

(b)may enact by-laws of the new municipality of Edmundston except that such by-laws shall have no effect until May 25, 1998, and shall be deemed to have come into force on May 25, 1998,

(c)may undertake the negotiation of collective agreements,

(d)may make arrangements for the appointment of officers of the new municipality, including acting under subsection (5), and

(e)may make arrangements for a pension or superannuation plan for the permanent employees of the new municipality of Edmundston in accordance with section 34.

13(5)The first council may, by resolution during the period falling between the taking of the oath of office and six months after the effective date of the amalgamation and annexation, revoke the appointment of an officer appointed by an affected municipality and

(a)appoint that person as an officer of the new municipality for the purposes of paragraph (4)(d) and section 74 of the Municipalities Act, or

(b)subject to any applicable collective agreement,

(i)reassign that person to a new position,

(ii)make arrangements for the retirement of that person, or

(iii)terminate the employment of that person, on reasonable notice or payment in lieu of such notice.

13(6)A resolution under subparagraph (5)(b)(i), (ii) or (iii) made before the effective date of the amalgamation and annexation shall not be effective until the effective date of the amalgamation and annexation.

13(7)A resolution under subparagraph (5)(b)(iii) shall be made only on the affirmative vote of at least two-thirds of all of the members of the first council.

13(8)The clerk of Edmundston shall cause a certified copy of the resolution made under subsection (5) to be served on the officer of the affected municipality within seven days after the making of the resolution.

13(9)Subsection 74(5) of the Municipalities Act does not apply to a person in respect of whom a resolution has been made under subparagraph (5)(b)(i), (ii) or (iii).

Remuneration of members of first council

14(1)The remuneration of members of the first council for the period falling between the date the members of council take the oath of office and May 25, 1998, shall be as follows:

(a)the mayor shall receive $1,085.00, and

(b)each councillor shall receive $405.00.

14(2)Each member of the first council shall be reimbursed for the period falling between the taking of the oath of office and ending May 25, 1998, for expenses incurred while travelling on behalf of Edmundston at the rate prescribed for travel reimbursement of employees of the Province.

Provision of information

15The council of an affected municipality shall provide to the first council of Edmundston all information requested by the first council of Edmundston.

Powers respecting orderly transition

16The Minister may

(a)abridge or extend any time limit under this Act, and

(b)make such other adjustments as are necessary to effect an orderly transition.

Acceptance of office

17(1)A person elected to office on the first council of Edmundston shall accept office by taking and subscribing to the oath of office in the form provided by the Minister.

17(2)Notwithstanding subsection (1), a person elected to office on the first council of Edmundston may accept office by taking and subscribing to the oath of office in the form provided by the Minister at any time following the person's election where, for reasons of illness or unavoidable absence from Edmundston, the person is unable to take and subscribe to the oath of office at or within the time prescribed under paragraph 9(i).

17(3)Notwithstanding subsections (1) and (2), where a petition has been filed pursuant to section 42 of the Municipal Elections Act requesting that a recount of votes be made with respect to an election to office on the first council of Edmundston, a person elected to such office shall not accept office by taking and subscribing to the oath of office until the person has been declared to be elected by the judge conducting the recount.

17(4)No person shall take his or her seat on the first council before he or she has accepted office as provided in this section.

17(5)A person elected to the first council of Edmundston shall accept office by taking and subscribing to the oath mentioned in this section before a notary public or a commissioner of oaths and the taking of such oath shall be recorded in the minutes of the council by the clerk after the clerk has been appointed or by some person designated as acting in that position.

17(6)Except when excused by council, a person who fails to comply with this section commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category B offence.

17(7)A vacancy results in the council when a member of the first council fails to comply with this section.

Conflict of interest

18(1)A member elected to the first council of Edmundston prior to the effective date of the amalgamation and annexation does not have a conflict of interest in relation to a matter before that first council for consideration by reason only that the member is also a member of the council of the city called City of Edmundston, the town called Saint-Basile, the village called Village de Saint-Jacques or the village called Village de Verret.

18(2)A member of council of the city called City of Edmundston, the town called Saint-Basile, the village called Village de Saint-Jacques or the village called Village de Verret does not have a conflict of interest in relation to a matter before the council of an affected municipality for consideration by reason only that the member is also a member elected to the first council of Edmundston prior to the effective date of the amalgamation and annexation.

Second election

19Notwithstanding section 38 of the Municipalities Act, the second election for Edmundston shall be held during the 2001 triennial elections.

PART II

PROVISION OF
MUNICIPAL SERVICES

Electric Power

20(1)Edmundston may

(a)continue to provide a system of electric lighting for the purpose of lighting streets, squares, grounds and buildings,

(b)continue to produce, generate, develop, create and transmit electricity,

(c)continue to manufacture, use, supply, hire, sell or dispose of electricity to persons or bodies corporate for power, heat and light, and

(d)distribute electricity and purchase, supply, sell and resell electric power to persons or bodies corporate.

20(2)In addition to those powers conferred by the Municipalities Act, Edmundston may

(a)subject to the Clean Water Act and any other applicable Act of the Legislature, construct, equip, erect and maintain such works and appliances as are necessary, including the construction, equipment, maintenance and operation of dams, wing dams, reservoirs, flumes, race and other ways, booms, sluiceways, waterways, aqueducts, canals, electric lines, machinery and appliances,

(b)erect, lay, maintain and use poles, wires, conductors, pipes, works, machinery and appliances for conveying electrical power over, along, through, across and under streets, and

(c)purchase, hold, acquire, exercise and enjoy all lands, properties and privileges necessary for or incidental to the above purposes and do and transact all business and do all things as are incidental and conducive to the continuance of the above objects.

20(3)For the purposes of the continuance and exercise of the purposes, objects and powers set out in subsection (1) and (2), the provision of electric power shall be deemed to be a municipal service that Edmundston is authorized to provide within the territorial limits of the municipality, subject to the Clean Water Act, the Expropriation Act, the Municipal Capital Borrowing Act, the Electric Power Act, the Public Utilities Act and all other applicable Acts of the Legislature, as a service under the Municipalities Act and in respect of which Edmundston is authorized to act under sections 4, 7, 8 and 189 and other applicable provisions of the Municipalities Act.

20(4)The council of Edmundston may for the purposes of this section appoint officers, define their duties and provide for their remuneration.

20(5)The provisions of section 189 of the Municipalities Act apply to the operation of the electric power service by Edmundston and every provision of section 189 shall be construed as applying to the operation of the electric power service in the same manner as it applies to the operation of a water or sewer service or utility.

20(6)The supply of electricity may be shut off and stopped for non-compliance with a by-law made in respect of electricity.

20(7)No action, application or other proceedings shall be instituted in relation to damages in respect of the shut off or stoppage of electricity under subsection (6).

20(8)No person or body corporate shall be entitled to damages or to have any portion of the payment of the rates or charges refunded for any shutting off or stoppage of electricity caused by fire or accident to the plant or works of Edmundston or for any shutting off or stoppage for the purpose of additions or repairs or for any shutting off or stoppage for the purpose of putting in or repairing any service wires or wires.

Winding up

21When Edmundston ceases to provide an electric power service or utility, any proceeds from the sale of the assets, works, machinery, property or equipment held in respect of the electric power service or utility, shall

(a)firstly, be applied to the debts arising out of the provision of the electric power service or utility,

(b)secondly, be applied towards any outstanding debt in Taxation Zone One.

Water services

22(1)Edmundston may

(a)maintain and continue to operate each water service or utility that is in existence in the former municipalities on May 25, 1998, and

(b)continue the user-charge in place on the commencement of this section in relation to each water service or utility maintained under paragraph (a), and

(c) thereafter establish a different user-charge for each of the water services or utilities.

22(2)The council may, by by-law, provide that two or more of the water services or utilities referred to in paragraph (1)(a) shall be treated as a single service or utility for the purposes of paragraph (1)(c) and where a council has enacted such a by-law the services or utilities that are the subject-matter of the by-law shall not thereafter be treated as distinct services or utilities.

22(3)Edmundston may

(a)subject to the Clean Water Act and any other applicable Act of the Legislature, erect and maintain such works and dams, reservoirs and buildings as are necessary for the operation of the water service, and

(b)install and maintain hydrants within the territorial limits of the municipality and in areas contiguous to the municipality.

22(4)The supply of water may be shut off and stopped for non-compliance with a by-law made in respect of water.

22(5)No action, application or other proceedings shall be instituted in relation to damages in respect of the shutting off or stoppage of water under subsection (4).

22(6)No person or body corporate shall be entitled to damages or to have any portion of the payment of the rates or charges refunded for any shutting off or stoppage of water caused by accident to the plant or works of Edmundston or for any stoppage for the purpose of additions or repairs or for any shutting of or stoppage for the purpose of putting in or repairing any service pipes or pipes.

22(7)Except as otherwise provided under this section, section 189 of the Municipalities Act applies to the water services or utilities operated by Edmundston.

Sewerage services

23(1)Edmundston may

(a)maintain and continue to operate each sanitary sewerage service or utility that is in existence in the former municipalities on May 25, 1998, and

(b)continue the user-charge in place on the commencement of this section in relation to each sanitary sewerage service or utility maintained under paragraph (a), and

(c)thereafter establish a different user-charge for each of the sanitary sewerage services or utilities.

23(2)The council may, by by-law, provide that two or more of the sanitary sewerage services or utilities referred to in paragraph (1)(a) shall be treated as a single service or utility for the purposes of paragraph (1)9(c) and where a council has enacted sucy a by-law the services or utilities that are the subject-matter of the by-law shall not therreafter be treated as distinct services or utilities.

23(3)Except as otherwise provided under this section, section 189 of the Municipalities Act applies to the sanitary sewerage services or utilities operated by Edmundston.

PART III

BY-LAWS

By-laws

24(1)Subject to the provisions of the Municipalities Act and any other Act of the Legislature and any regulations made under such Acts, the council of Edmundston may make by-laws

(a)respecting the terms and conditions upon which water may be provided and regulating the use and supply of water;

(b)respecting entry onto lands and buildings for the purposes of

(i)maintenance of the water service,

(ii)removal of pipes and other property of the municipality, and

(iii)carrying out an inspection in relation to the water service;

(c)respecting the terms and conditions upon which electric power may be provided and regulating the use and supply of electric power;

(d)respecting entry onto lands and buildings for the purposes of

(i)maintenance of the electric power service,

(ii)removal of equipment and meters of the municipality, and

(iii)carrying out an inspection in relation to the electric power service;

(e)prohibiting, regulating or controlling the use of barbed wire within the municipality or any part of the municipality;

(f)regulating and licensing billposters, preventing the pulling down and defacing of signboards and billboards or printed or other notices lawfully affixed to the billboard or notice and preventing the defacing of private or other property by printed or other notices;

(g)authorizing the mayor to proclaim any day or part of any day except Sunday to be a civic day;

(h)licensing contractors who enter into contracts for the erection, alteration or repair of buildings or structures, classifying such contractors, prescribing a schedule of license fees to be paid by such contractors which fees may vary as between the different classifications, and requiring such contractors to pay the prescribed fee as a condition of commencing to carry out any such contract;

(i)directing, subject to any prescriptive rights, the removal of doorsteps, porches, railings, signs or other erections or obstructions projecting onto any sidewalk, street or other public place and respecting licensing projections or encroachments on streets or sidewalks;

(j)prohibiting the planting of hedges or shrubs on private property at or adjacent to and within eight metres of street intersections or such lesser distance as may be stated in the by-law, requiring the removal of hedges or shrubs already planted or limiting the height of such hedges or shrubs whether planted before or after the date of the passing of such by-law;

(k)numbering the houses or buildings in the municipality and renumbering them from time to time;

(l)naming the streets or avenues and changing the names of any of the streets and avenues now existing or hereafter laid out within the municipality;

(m)prohibiting or restricting, controlling and regulating the placing or depositing of such rubbish as may be designated in the by-law upon any street or lane or in any park, public place or watercourse and compelling the removal of such rubbish by the party so placing or depositing the rubbish;

(n)regulating or controlling the use of public dumps owned by the municipality;

(o)compelling all owners or occupiers or all owners or occupiers within specified areas of the municipality, to remove and clear away all snow, ice, dirt and other obstructions from the sidewalks adjoining the premises owned or occupied by them;

(p)providing for the clearing of sidewalks adjoining property of non-residents and all other owners or occupiers who for twenty-four hours neglect to clear the same at the expense of the owners of such property;

(q)controlling and regulating traffic on streets, sidewalks and other public places;

(r)providing for planting and protecting trees on streets and other public places;

(s)providing for the protection of trees on private property from insect pests and for entering upon such property for that purpose;

(t)causing vacant lots within specified areas of the municipality to be properly enclosed at the expense of the owner;

(u)erecting one or more memorials to members of the armed forces who gave their lives in the service of Canada in any war and acquiring grounds for a site thereof, providing for the repair and maintenance of such memorials and granting aid for such erection, acquisition, repair and maintenance;

(v)compelling owners and occupants of land to provide such receptacles as may be specified in the by-law for ashes, garbage and refuse;

(w)prohibiting the handling of or interfering with or removal of ashes, garbage and refuse or any receptacle therefor by persons not authorized or required by the by-law to handle or remove the ashes, garbage and refuse;

(x)prohibiting the affixing of any material to poles and preventing the defacing of poles.

24(2)For the purposes of greater clarity, the provisions of the Municipalities Act apply to a by-law made under subsection (1) as if the by-law were made under that Act.

Conflict between by-laws

25If a conflict exists between any by-law made under section 24 and the provisions of the Municipalities Act or any other Act of the Legislature or any regulation made under any of those Acts, the provisions of those Acts or of the regulations, as the case may be, prevail.

PART IV

ADDITIONAL POWERS

Crest and coat of arms

26(1)The council of Edmundston may, by by-law approved by the Lieutenant-Governor in Council, adopt a crest and coat of arms for the municipality.

26(2)A person who, without the authority of the council, assumes or uses the crest and coat of arms of the municipality or any heraldic emblem so nearly resembling the same as to be calculated to deceive commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category B offence.

Debts due

27When any money is payable to any person who is indebted to the municipality, the treasurer shall retain and set off against any sum or sums so payable the amount due, and the treasurer shall forthwith appropriate and credit to the proper account or accounts all money detained, set off and realized under this section.

Grants

28The council may make grants in such amounts, payable at such times, and for such public, charitable and educational purposes as the council shall from time to time by resolution determine.

Quarries

29Subject to any applicable Act of the Legislature, the council may purchase or lease and work any quarry, gravel or sand pit inside or outside the municipality, for the purpose of the municipality.

PART V

TRANSITIONAL, SAVINGS AND REPEAL

Composition of council

30(1)Notwithstanding section 28 or 29 of the Municipalities Act, the council of Edmundston shall consist of a mayor and twelve councillors as provided in section 9 until January 1, 2002, and thereafter until altered in accordance with this section.

30(2)The council of Edmundston may after January 1, 2002, enact a by-law under section 28 or 29 of the Municipalities Act respecting the composition of council but such by-law shall have no effect until the triennial election immediately following the enactment of the by-law.

30(3)Notwithstanding subsection (1), the Lieutenant-Governor in Council may authorize the council of Edmundston to act under subsection (2) before January 1, 2002, but the by-law shall have no effect until approved by the Lieutenant-Governor in Council.

30(4)The by-law referred to in subsections (2) and (3) shall supersede section 9 of this Act.

Division of municipality into wards

31(1)Notwithstanding section 31 of the Municipalities Act, the wards as described under section 10 shall continue as the wards of Edmundston until January 1, 2002, and thereafter until altered in accordance with this section.

31(2)The council of Edmundston may after January 1, 2002, enact a by-law under section 31 of the Municipalities Act respecting the division of the municipality into wards but such by-law shall have no effect until the triennial election immediately following the enactment of the by-law.

31(3)Notwithstanding subsection (1), the Lieutenant-Governor in Council may authorize the council of Edmundston to act under subsection (2) before January 1, 2002, but the by-law shall have no effect until approved by the Lieutenant-Governor in Council.

31(4)The by-law referred to in subsections (2) and (3) shall supersede section 10 of this Act.

Taxation zones

32(1)In this Act

"debt of the former municipality" or "debt of the former municipalities" includes in respect of each of the former municipalities

(a)the outstanding long-term debt as of December 31, 1998, excluding the debts associated with the water, sewerage or electric power service or utility,

(b)the long-term debt resulting from the exercise of the authority to borrow money continued by the Minister under section 33, excluding the debts associated with the water, sewerage or electric power service or utility, and

(c)for 1999, the 1997 audited general fund operating deficit.

32(2)There shall be five taxation zones within the territorial limits of Edmundston consisting of

(a)Taxation Zone One, described as follows:

Beginning at a point on the international boundary where the southwestern prolongation of the eastern boundary of Lot 1, being a Crown Grant to John Hart, and the western boundary of the Indian Reserve meets the same; thence in a northeasterly direction along the said eastern boundary of Lot 1 to the northeastern corner of the said lot; thence in a northwesterly direction along the northern boundary of the said Lot 1 to the northwestern corner and the said corner being also on the division line between the parishes of Saint-Basile and Madawaska; thence in a northeasterly direction along the said parish line and western boundary of Lot 205, being a Crown Grant to Paul Cyr, to meet the southwestern bank or shore of the Iroquois River; thence in a northwesterly direction along the said southwestern bank or shore following its various courses upstream to meet the northern right-of-way limits of the Lagacé road; thence in a northeasterly direction along the said road limits to meet the baseline of Tier One lots fronting on the northeastern bank or shore of the Madawaska River; thence in a northwesterly direction along the said baseline to the northwestern corner of Lot 19, being a Crown Grant to Joseph Francoeur; thence in a southwesterly direction along the northwestern boundary of the said lot to meet the northeastern bank or shore of the Madawaska River; thence in a northwesterly direction along the northeastern bank or shore of the said river to meet the northeasterly prolongation of the southern boundary of Lot 16, being a Crown Grant to Charles Hughes; thence in a southwesterly direction along the said prolongation and the said southern boundary to meet the baseline of Tier One lots fronting on the southwestern bank or shore of the Madawaska River; thence in a southeasterly direction along the said baseline to meet the northeasterly prolongation of the northwestern boundary of a tier of lots numbered from 122 to 131, being a Crown Grant to John Emerson; thence in a northeasterly prolongation and northwestern boundary to the northwestern corner of Lot 127, granted to John Emerson; thence in a southeasterly direction along northeastern boundary of the said Lot 127 to meet the southeastern boundary of the aforementioned tier of lots granted to John Emerson; thence in a northeasterly direction along the said southeastern boundary of the said tier of lots to meet the northwesterly prolongation of the western boundary of Lot 8, being a Crown Grant to Michael Lany; thence in a southeasterly direction along the said northwesterly prolongation and western boundary and its southeasterly prolongation to meet the international boundary in the Saint John River; thence in a northeasterly and southeasterly direction along the said international boundary following its various courses downstream to the place of beginning;

(b)Taxation Zone Two, described as follows:

Beginning at a point where the southern boundary line of Lot 16, granted to Charles Hughes, meets the western bank or shore of the Madawaska River; thence southwesterly following the southern boundary line of the said Lot 16 to its southwesterly angle the said southern boundary line of the said Lot 16 being also the boundary line between the parishes of Madawaska and Saint Jacques; thence northwesterly following the rear boundary lines of the lots fronting on the western bank or shore of the Madawaska River to the northwestern angle of Lot 36, granted to Robert Parkhill; thence northeasterly following the northwestern boundary line of the said Lot 36 to meet the western bank or shore of the Madawaska River; thence southeasterly following the various courses of the said western bank or shore of the Madawaska River to the place of beginning;

(c)Taxation Zone Three, described as follows:

Beginning at the point where the international boundary in the Saint John River meets the southwesterly prolongation of the eastern boundary of Lot No. 7, a Crown Grant to Peter Cere, the said eastern boundary being also on the parish line between the parishes of Saint-Basile and Rivière-Verte; thence northeasterly along the said eastern boundary and parish line to meet the baseline of the tier of lots fronting on the northern banks or shores of the Saint John River at the northeastern corner of the said Lot No. 7; thence northwesterly along the said baseline to the northwestern corner of Lot No. 206, a Crown Grant to B. Cyr, the said corner being also on the division line between the parishes of Saint-Basile and Saint-Joseph; thence southwesterly along the western boundaries of the said Lot No. 206 and of Lot No. 205, being a Crown Grant to Paul Cyr, being also the parish line between the parishes of Saint-Basile and Madawaska, to the northwestern corner of Lot No. 1, a Crown Grant to John Hart; thence southeasterly along the northern boundary of the said Lot No. 1 to its northeastern corner, the said corner being also the northwestern corner of the Indian Reserve; thence southeasterly along the northern boundary of the said reserve to its northeastern corner of the reserve; thence southwesterly along the eastern boundary of the said reserve and its prolongation to meet the international boundary in the Saint John River; thence southeasterly along the said international boundary following its various courses downstream to the place of beginning;

(d)Taxation Zone Four, described as follows:

Beginning at the point of intersection of the eastern boundary line of Lot 9, granted to Francis Picard, with the international boundary between the Province of New Brunswick and the State of Maine; thence northerly following the said prolongation and the said eastern boundary line to the base line of granted lots fronting on the Saint John River; thence southwesterly following the said base line to the point where it meets the southerly prolongation of the eastern boundary line of Lot 127, granted to John Emerson; thence northwesterly following the said prolongation and the eastern boundary line of the said Lot 127 to its northeastern angle; thence southwesterly following the northwestern boundary line of Lots 127, 126, 125, 124, 123 and 122, granted to John Emerson, Lot 121, granted to B. Ouellette, Lot 120, granted to D. Ouellette, Lot 119, granted to F. Ouellette, and Lot 118, granted to Vital Ouellette, to the northwestern angle of the said Lot 118; thence southeasterly following the southwestern boundary line of the said Lot 118 and its prolongation to meet the northwestern boundary line of Lot 16, granted to Francis Rice; thence southwesterly following the northwestern boundary line of the said Lot 16, Lot 17, granted to Simon Hébert, Lot 18, granted to Firmin Nadeau and Lot 19, granted to Francis Clavet, to the northwestern angle of the said Lot 19; thence southeasterly following the southwestern boundary line of the said Lot 19, and its prolongation southeasterly to meet the international boundary line between the Province of New Brunswick and the State of Maine; thence northeasterly following the said international boundary line to the place of beginning;

(e)Taxation Zone Five, described as follows:

(i)Beginning at the point where the parish line between the parishes of Saint-Basile and Madawaska meets the northeastern banks or shores of the Iroquois River; thence northwesterly along the various courses of the northeastern banks or shores of the said river to a point on the parish line between the parishes of Saint- Joseph and Madawaska, said point being also the southwestern corner of the lot with NBGIC PID #35029909; thence northeasterly and southeasterly along the said parish line to a point on the parish line between the parishes of Saint-Basile, Saint-Joseph and Madawaska, said point being also the northeastern corner of the lot with NBGIC PID #35029511; thence southwesterly along the parish line between the parishes of Saint-Basile and Madawaska to the place of beginning; and

(ii)Beginning at the point where the parish line between the parishes of Madawaska and Saint-Hilaire meets the western banks or shores of the Saint John River; said point being also on the eastern right-of-way of the Canadian National Railway; thence northwesterly along the said parish line to a point on the southwesterly prolongation of the eastern boundary of the lot with NBGIC PID #36169408, said point being also on the southern boundary of the lot with NBGIC PID #35029651; thence northeasterly along the said prolongation and the said eastern boundary and its northeasterly prolongation to a point on the southern boundary of the lot with NBGIC PID #35029636; thence northwesterly along the southern boundary of the said lot to its southwestern corner, said corner being also on the parish line between the parishes of Saint-Hilaire and Madawaska; thence northeasterly along the said parish line to the southwestern corner of the lot with NBGIC PID #35149590; thence southeasterly along the southern boundary of the said lot and continuing along the various courses of the southern boundary of the lot with NBGIC PID #35149616 and its prolongation, crossing Route 120 and the Canadian National Railway, to a point on the western banks or shores of the Saint John River; thence southwesterly along the various courses of the western banks or shores of the said river to the place of beginning.

32(3)The council of Edmundston shall

(a)continue to operate the fire departments that are in existence in the former municipalities on the effective date of the amalgamation and annexation or make such other arrangements as the Minister considers appropriate, and

(b)for the purposes of paragraph (5)(b), maintain separate records of the debt of the former municipalities.

32(4)Notwithstanding subsection 87(2) of the Municipalities Act, on or before November 30 in each year the council of Edmundston shall adopt by resolution and submit to the Minister for approval in the form provided by the Minister

(a)an estimate of the money required for the operation of the municipality,

(b)the amount of the estimate to be raised on the municipal tax base,

(c)subject to subsection (5), the tax rates 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) of the Real Property Tax Act.

32(5)For the purposes of this section, the tax rate applicable to the portion of the municipal tax base within each taxation zone of Edmundston for the years 1999, 2000, 2001, 2002, 2003 and 2004 shall be calculated as the sum of the following:

(a)firstly, the council shall calculate the applicable fire protection rate for the estimated operating costs including costs associated with the purchase of capital assets,

(b)secondly, the council shall calculate the applicable debt rate for debt charges associated with the debt of the former municipality, and

(c)thirdly, the council shall calculate the common service rate by allocating the amount remaining of the estimate to be raised on the municipal tax base such that the rate established for Taxation Zones Two, Three, Four and Five is seventy-eight per cent of the rate established for Taxation Zone One.

32(6)The council of Edmundston has no authority to act under subsections 87(4), (5) or (6) of the Municipalities Act until January 1, 2005.

Continuance of borrowing authority

33Notwithstanding the Municipalities Act or the Municipal Capital Borrowing Act, the Minister may continue, in the name of Edmundston, any authority of a former municipality to borrow money granted or approved under the Municipal Capital Borrowing Act subject to any terms and conditions prescribed by the Minister.

Pensions

34(1)Notwithstanding section 162 or 163 of the Municipalities Act, the first council of Edmundston shall, within two years after the effective date of the amalgamation and annexation, provide for a pension or superannuation plan for the permanent employees of the municipality in accordance with subsection (2).

34(2)The first council of Edmundston shall

(a)by by-law under section 162 of the Municipalities Act, continue and adopt one of the pension or superannuation plans of any of the former municipalities established by or in such municipality under section 162 of the Municipalities Act, under the Municipal Employees Pensions Act, chapter 151 of the Revised Statutes, 1952, or under any other Act, as the pension or superannuation plan of Edmundston if the provisions of the adopted plan comply with the Pension Benefits Act and the benefits under the adopted plan are the same as or more advantageous than those under the pension or superannuation plans of any of the former municipalities, or

(b)designate the uniform contributory pension plan under section 163 of the Municipalities Act as the new pension plan of Edmundston.

34(3)The first council of Edmundston shall continue to contribute on behalf of employees of the former municipalities to the pension or superannuation plans of the former municipalities until the council acts under subsection (2).

34(4)Where, in the opinion of the Lieutenant-Governor in Council, the first council has not taken appropriate action under subsection (2) in relation to a pension or superannuation plan for the permanent employees of the new municipality of Edmundston within the two year period prescribed under subsection (1), the Lieutenant-Governor in Council may act in the place of the first council under subsection (2) and may do by Order in Council anything that the first council is authorized to do by by-law.

34(5)A by-law referred to in subsection (2) may on the approval of the Minister be made retroactive to the effective date of the amalgamation and annexation.

34(6)An Order in Council referred to in subsection (4) may be made retroactive to the effective date of the amalgamation and annexation.

34(7)Where the first council of Edmundston acts under paragraph (2)(a), subsection 163(5) of the Municipalities Act applies with the necessary modifications and where the first council of Edmundston acts under paragraph (2)(b), subsection 163(4) of the Municipalities Act applies with the necessary modifications.

34(8)Where the Lieutenant-Governor in Council acts under subsection 34(4), subsection 163(4) or (5) of the Municipalities Act apply with the necessary modifications.

Payment under the Municipal Assistance Act

35(1)Notwithstanding the Municipal Assistance Act, commencing on May 25, 1998, the Minister shall pay to Edmundston the amounts that would have been payable under the Municipal Assistance Act to the former municipalities of the city called City of Edmundston, the town called Saint-Basile, the village called Village de Saint-Jacques and the village called Village de Verret for the remainder of the year 1998.

35(2)The Minister may, until January 1, 1999, provide to the areas being annexed to Edmundston the same services as the Minister was providing immediately before the amalgamation and annexation, and payment for the services may be made from money raised under subsection 27(1) of the Municipalities Act for provision of the services to those areas before the amalgamation and annexation.

Repeal

36(1)The City of Edmundston Act, Chapter 49 of 1 Elizabeth 11, 1952, is repealed and

(a)An Act to authorize the Town Council of the Town of Edmundston to provide a system of water works for said town, Chapter 73 of 5 Edward VII, 1905, is repealed;

(b)An Act to incorporate the Town of Edmundston, for Light and Power Purposes, Chapter 130 of 1 George V, 1911, is repealed;

(c)An Act empowering the Town of Edmundston to issue debentures to provide for a system of sewerage in the said Town, and for other purposes, Chapter 63 of 8 George V, 1917, is repealed;

(d)An Act Respecting the Assessing, Levying and Collecting of Rates and Taxes in the Town of Edmundston, Chapter 67 of 1 George VI, 1937, is repealed;

(e)An Act Relating to the Granting of Licenses to Persons Doing Business in the Town of Edmundston, Chapter 69 of 3 George VI, 1939, is repealed;

(f)An Act to provide for Superannuation or Retiring Allowances to Permanent Employees of the Town of Edmundston, Chapter 50 of 7 George VI, 1943, is repealed; and

(g)An Act to authorize and empower the Town of Edmundston to Acquire Certain Lands as a Site for an Airport and to Issue Debentures therefor, Chapter 94 of 12 George VI, 1948, is repealed.

36(2)Notwithstanding subsection (1), paragraph (1)(f) and section 39 come into force on a day or days to be fixed by proclamation.

37(1)Paragraph 32(1)(c) of this Act is repealed effective January 1, 2000.

37(2)Paragraphs 32(3)(a), 32(5)(a) and (c) of this Act are repealed effective January 1, 2005.

37(3)Paragraphs 32(1)(a) and (b), subsection 32(2), paragraph 32(3)(b), subsection 32(4), paragraph 32(5)(b) and subsection 32(6) of this Act are repealed.

37(4)Subsection (3) comes into force on a day to be fixed by proclamation.

38(1)The heading "CITY OF EDMUNDSTON" preceding section 4 of New Brunswick Regulation 85-6 under the Municipalities Act is repealed.

38(2)Section 4 of the Regulation is repealed.

38(3)The heading "SAINT-BASILE" preceding section 24.1 of the Regulation is repealed.

38(4)Section 24.1 of the Regulation is repealed.

38(5)The heading "VILLAGE DE SAINT-JACQUES" preceding section 101 of the Regulation is repealed.

38(6)Section 101 of the Regulation is repealed.

38(7)The heading "VILLAGE DE VERRET" preceding section 114 of the Regulation is repealed.

38(8)Section 114 of the Regulation is repealed.

Savings

39The repeal of An Act to provide for Superannuation or Retiring Allowances to Permanent Employees of the Town of Edmundston, Chapter 50 of 7 George VI, 1943, shall not affect the continued operation of a pension or superannuation plan under section 34 of this Act.

40The repeal of An Act to authorize and empower the Town of Edmundston to Acquire Certain Lands as a Site for an Airport and to Issue Debentures therefor, Chapter 94 of 12 George VI, 1948, does not affect the authority and power of Edmundston to deal with land acquired for an airport site as land acquired for municipal purposes under the Municipalities Act.

41The repeal of An Act to authorize the Town Council of the Town of Edmundston to provide a system of water works for said town, Chapter 73 of 5 Edward VII, 1905, shall not affect the continued operation of a waterworks system in Edmundston.

42The repeal of An Act to incorporate the Town of Edmundston, for Light and Power Purposes, Chapter 130 of 1 George V, 1911, shall not affect the continued operation of the electric power service or utility in Edmundston.

43The repeal of An Act empowering the Town of Edmundston to issue debentures to provide for a system of sewerage in the said Town, and for other purposes, Chapter 63 of 8 George V, 1917, shall not affect the continued operation of the sewerage system in Edmundston.

44The repeal of the Acts referred to in paragraphs 36(1)(a), (b), (c) and (g) shall not affect the validity of any debenture issued under those Acts.

45Subject to section 13, the repeal of

(a)The City of Edmundston Act, Chapter 49 of 1 Elizabeth 11, 1952,

(b)An Act to incorporate the Town of Edmundston, for Light and Power Purposes, Chapter 130 of 1 George V, 1911, and

(c)An Act to authorize the Town Council of the Town of Edmundston to provide a system of water works for said town, Chapter 73 of 5 Edward VII, 1905,

does not affect the continued employment of persons appointed or employed under any of the Acts referred to in paragraphs (a), (b) or (c).


Last Modified: 02:42pm , February 10, 1998