BILL 52

An Act to Amend the Edmundston Act, 1998

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

1 Subsection 23(2) of the English version of the Edmundston Act, 1998, chapter E-1.111 of the Acts of New Brunswick, 1998, is repealed and the following is substituted:

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)(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.

2 Subsection 24(1) of the Act is amended by adding after paragraph (l) the following:

(l.1) designating and requiring the use of community names within the municipality for the purposes of civic addresses and mailing addresses;

3 Section 32 of the Act is amended

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

32(3.1) Notwithstanding paragraph (3)(a), the council may, by by-law adopted on the affirmative vote of at least two-thirds of all of the members of council, provide that two or more of the fire departments referred to in paragraph (3)(a) shall be treated as a single fire department for the purposes of paragraph (5)(a) and where a council has enacted such a by-law, the fire departments that are the subject-matter of the by-law shall not thereafter be treated as distinct fire departments.

(b) in subsection (5)

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

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 2002, 2003, 2004 and 2005 shall be calculated, subject to subsection (5.1), as the sum of the following:

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

(c) thirdly, the council shall calculate the applicable common service rate based upon the amount remaining of the estimate to be raised on the municipal tax base.

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

32(5.1) The council shall not increase the tax rate applicable to the portion of the municipal tax base within Taxation Zone Two, Three, Four or Five for the years 2002, 2003, 2004 and 2005 by more than three cents on each one hundred dollars of assessed value of real property.

32(5.2) The council may, by resolution adopted on the affirmative vote of at least two-thirds of all of the members of council, establish a schedule for the equalization of tax rates in Edmundston that

(a) shall only come into effect on or after January 1, 2006, and

(b) shall only remain in effect until tax rates have been equalized.

32(5.3) A schedule established under subsection (5.2) shall only be revised by a resolution adopted on the affirmative vote of at least two-thirds of all of the members of council.

(d) in subsection (6) by striking out "subsections 87(4), (5) or (6)" and substituting "subsection 87(5)".

4 Section 37 of the Act is amended

(a) in subsection (2) by striking out "and paragraphs 32(3)(a), 32(5)(a) and (c)";

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

37(2.1) Paragraph 32(3)(a), subsection 32(3.1), paragraphs 32(5)(a) and (c) and subsection 32(5.1) of this Act are repealed effective January 1, 2006.

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

37(3) Paragraphs 32(1)(a) and (b), subsection 32(2), paragraph 32(3)(b), subsection 32(4), paragraph 32(5)(b) and subsections 32(5.2), (5.3) and (6) of this Act are repealed.