City of Mount Pearl Act

S.N.L. 1990, c. C-16

Newfoundland and Labrador — Consolidated Statutes

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St. John's, Newfoundland and Labrador, Canada

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RSNL1990

CHAPTER C-16

CITY

OF MOUNT

PEARL ACT

Amended:

1991 c27 s2; 1991 c35 s4; 1993 c19; 1994 c23 s3; 1995 cL-16.1 s30(3); 1995 cP-31.1 s53; 1996 c21; 1998 c6 s5; 1999 c38; 2001 cM-20.2; 2001 cN-3.1 s2; 2002 cW-4.01 s97; 2003 c5 s2;

2004 c47 s8; 2005 c9 s2; 2005 c26 s2; 2006 c7 s2; 2006 c36 ss3&4; 2006 c40 ss5&21; 2006 cA-18.1 s48; 2008 c10 s1; 2009 c31 s4; 2009 c39 s2; 2009 c40 s2; 2012 c10 s4; 2013 c16 s25; 2014 c5 ss3&4; 2014 cC-10.1 s57; 2016 c49 ss25 to 43; 2017 c10 s7; 2021 cM-20.01 s24; 2022 c14 s37; 2023 c24; 2023 cT-6.2 s312

CHAPTER C-16

AN ACT RESPECTING THE CITY

MOUNT

PEARL

Analysis

Short title

Definitions

PART I

CITY

CONTINUED

City continued

Publication of boundary

Feasibility report

Intent to order report

Coat of Arms

Use of Coat of Arms

Seal

Seal required

Flag

PART II

COUNCIL

Council continued

Mayor and councillors

13.1

Youth representative

Wards

Rep. by 2001 cM-20.2 s102

Remuneration and expenses

Regulations re remuneration

Vacancy in council

Vacancies

Appeal to Trial Division

Rep by 2021 cM-20.01 s24

Presiding officer

Deputy mayor

Duties

Authority of council

Frequency of meetings

Presiding officer

Points of order

Quorum

Absence of quorum

Voting

Rules of procedure

Regulations

Notice prior to regulations

Publication

Public meetings

Committees

State of emergency

Permits

Public tenders

Inspection of documents

Copies of documents

Proof of documents

Authentication of documents

Rep. by 1995 cL-16.1 s.30(3)

Agent

Joint ventures

Plebiscites

Private services

PART III

STAFF

Appointment of manager

Appointment as clerk

Acting manager

Duties

Overall power of council

Attendance at meetings

Right to speak

Use of employees

Report of disagreement

Expenditures

Emergency expenditures

Recommendation of manager

Delegation

Appointment of clerk

Appointment as manager

Acting clerk

Oaths or affirmations

Duties

Attendance at meetings

Departments

Rep. by 2016 c49 s26

Salary

Rep. by 2016 c49 s27

Rep. by 1991 c35 s4

Tenure

Dismissal

Retirement

Suspension

Positions

Employment, etc.

Transfer after annexation

Bonding

Pension scheme

Regulations

Portability

Group insurance

Eligibility

Contributions

Training

PART IV

FINANCE

Financial year

Bank account

Mechanical signatures

Interest on overdue accounts

Annual budgets

Budget

Contents of budget

Revised budget

Effect of budget

Partnership budgeting

Books of account

Financial statement

Appointment of auditor

Appointment by minister

Auditor's powers

Auditor's report

Time of completion

Copy to minister

Interim report

Current account borrowing

Long term borrowing

Capital budget

Unauthorized expenditure

Certificate

Currency

Signature of debentures

Powers of expenditure

Rep. by 1999 c38 s22

Guaranteed loans expenditure

PART V

TAXES

Imposition of taxes

Tax rates fixed annually

Instalment payments

Effect of extensions

Duration of tax

Interest on arrears

Discount allowed

Publication of taxes

Proof of valid tax

Real property tax

Rate of tax

Minimum tax

Occupier deemed owner

Tenant of tax exempt property

Representative capacity

Tax exempt property

Supplementary assessment

Rep. by 1999 c38 s26

Business tax

Rate where no fixed place of business

Gross revenue

Rate where property tax

Variation of rate

Minimum business tax

Poll tax

Exemption from poll tax

Employer's duty

Water and sewage tax

Method of taxation

154.1

Regulation re: water and sewer tax

Special users

Disconnection of service

Exemption and remission

Collection as civil debt

Lien

Occupied residential property

Tax certificate

161.1

Notice of arrears

161.2

Right of mortgagee

161.3

Direction to sell

161.4

Advertisement and notice

161.5

Sale

by auction

161.6

Further notice of sale

161.7

Sale

set aside

161.8

Tax payment from proceeds

161.9

Failure to pay

161.10

Future assessments

161.11

Vesting of property

Seizure of rentals

Service of notice

Payment of rent

Right to distrain

Penalty

Assessments

Method

Agricultural land

Non- discriminatory

Payment

Lien

Service levy

Restriction on levy

Method

Rep. by 1999 c38 s31

Lien

Collection as civil debt

PART VI

SERVICES

Water and sewage systems

179.1

Nuisance

Acquisition of private system

Right of entry to survey

Right of entry to construct

Right to construct

Reasonable notice to owner

Diversion of watercourses

Compensation for injurious affection

Regulations

Ownership of roads

Private roads

Construction

Closing

Private construction

Construction on roads

Street reservations

Expropriation

Removal of projections

Parking lots

Street lighting

Street and road names and numbering

Removal of vehicles

Regulation of vehicles

Regulations

Other regulations

Recreational facilities

Regulations

Grants and loans

Collection, etc. of waste

Charges

Removal of waste

Regulations

Municipal enforcement officers

Powers

Agreements re policing

Agreement re jails

Rep. by 1991 c35 s4

Agreements

Power of fire department

Pulling down buildings

Right re traffic

Power to enter building

Rep. by 1991 c35 s4

Offences

Public transportation system

Transportation Commission

Franchise

Waiting areas

Taxis

Public libraries

Cemeteries

Sale

or lease

Consent required

Regulations

PART VII

CONTROLS

Building

Building regulations

Building Code

Removal of building

Order not obeyed

Appeal

Water and sewage

Regulations

Removal

Consequential

Storm drainage

Regulations

Removal

Consequential

Signs

Regulations

Removal

Consequential

Car parks

Regulations

Removal

Consequential

Sales from vehicles

Removal

Consequential

Shop closing

Pornographic materials

Curfew

Animals other than dogs

Dog control

Place of entertainment

Regulations

Stop order

Consequential

Definition

Bicycles

Recreational vehicles

Heritage areas

Building control

Heritage advisory committee

Removal

Consequential

Business improvement areas

277.1

Economic development

Nuisances

Stop order

Consequential

280.1

Violation notice

280.2

Issuance of summons

280.3

Regulations

280.4

Employee designation

PART VIII

EXPROPRIATION

Expropriation

Right of entry

Method of expropriation

Compensation

Board of assessors

More than 1 owner

Oath or affirmation

Award of board

Powers of board

Appeal

Technical objection

Time of award

Compensation

Leasehold interest

Transfer of land

Costs

Fees

Notice

Registration of notice

Duty to provide title

Payment into court

Payment out of court

Sale

of expropriated land

PART IX

RECEIVERSHIP

Receivership

Effect of order

Ministerial direction

Duty of officers

Powers of receiver

Books of account

Receiver's records

Application of money

Payment of receiver

PART X

[Rep. by 2001 cM-20.2 s102]

Rep. by 2001 cM-20.2 s102

357.1

Rep. by 2001 cM-20.2 s102

382.1

Rep. by 2001 cM-20.2 s102

PART XI

OFFENCES

General penalty

Continuing offence

Representation

Prosecutions

Disposition of fines

Schedule A

Schedule B

Schedule C

Short title

This Act may be cited as the City of Mount Pearl Act.

1988 c35 s1

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Definitions

In this Act

(a)

"building" includes those structures commonly known as mobile homes or trailers that are adopted for use as residences, shops or offices;

(a.1)

"business" includes

(

i) a commercial, merchandising or industrial activity or undertaking,

(ii)

a profession, trade, occupation, calling or employment,

(iii)

an activity which provides goods or services, and

(iv)

a credit union, co-operative, corporation, sole proprietorship or association of persons,

whether or not it is for profit;

(b)

"city" means the City of Mount Pearl continued by this Act;

(c)

"council" means the Mount Pearl City Council referred to in

section 12;

(d)

"councillor" includes the mayor and an appointed councillor;

(e)

"election" includes a general election, a by-election and a special election held under the Municipal Elections Act

(e.1)

"fire department" means the St. John's

Regional Fire Department referred to in The City of St. John's

Act;

(f)

"minister" means the minister appointed under the Executive Council Act

to administer this Act;

(g)

"municipality" means a town under the Towns and Local Service Districts Act

; and

(h)

"real property" means land or an interest arising from land and includes land under water and buildings, structures, improvements, machinery, equipment and fixtures erected or placed upon, in, over or under land or affixed to land.

1988 c35 s2; 1989 c30 Sch B; 1991 c35 s4 ; 1999 c38 s17 ; 2001 cM-20.2 s102 ; 2006 c40 s21 ; 2023 cT-6.2 s312

PART I

CITY

CONTINUED

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City continued

(1)The inhabitants within the area set out in

Schedule A are continued as a corporation under the name: "the City of Mount Pearl".

(2) The Lieutenant-Governor in Council may by order on the recommendation of the minister and subject to a feasibility report prepared under

section 5, establish and alter the boundaries of the city and amalgamate towns or communities with the city or annex areas to the city.

1988 c35 s3

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Publication of boundary

(1)In addition to the requirements for publication in the Gazette

under the Statutes and Subordinate Legislation Act,

an order made under

section 3 shall be published by the minister in a newspaper having general circulation in the city, and by public notice posted in the city.

(2) An order made under

section 3 shall have effect from the date of the publication in the Gazette

or an earlier or later date that may be stated in the order and the date may be either before or after the date on which the order is made.

(3) An order made under

section 3 may provide that for the purposes of an election of a council in an area affected by an order, the order may have effect on a different date than for other purposes.

1988 c35 s4

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Feasibility report

(1)The minister shall order the preparation of a feasibility report in the prescribed form before the making of a recommendation for an order of the Lieutenant-Governor in Council under

section 3 and shall appoint a person to prepare a report.

(2) The person preparing the feasibility report has the powers of a commissioner under the Public Inquiries Act.

(3) The person preparing the feasibility report shall hold public hearings in relation to the preparation of the report.

1988 c35 s5

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Intent to order report

(1)Before the ordering of a feasibility report by the minister under

section 5, the minister shall publish a notice of his or her intent to do so in a newspaper having general circulation in the city, and by public notice posted in the area.

(2) Where a notice of intent is to be published by the minister under subsection (1) that directly affects a municipality, the minister shall give a prior notification of his or her intent to publish it to the council of that municipality.

1988 c35 s6

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Coat of Arms

(1)The Lieutenant-Governor in Council may, by order, on the request of the minister, proclaim a Coat of Arms for the City.

(2) An order made under subsection (1) shall be published in the Gazette

under the Statutes and Subordinate Legislation Act

and shall be published by the minister in a newspaper having general circulation in the city and by public notice posted in the city.

1988 c35 s7

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Use of Coat of Arms

Except with express permission granted by resolution of the council, no person other than the council, shall assume or use the Coat of Arms or an imitation of it or resemblance to it.

1988 c35 s8

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Seal

The council shall have a corporate seal that may be changed by the council.

1988 c35 s9

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Seal required

(1)The corporate seal of the council is to be affixed to an agreement, contract, deed or document to which the council is a party and which, in order to bind a corporation, is required to be authenticated by a seal.

(2) An agreement, contract, deed or document under the corporate seal is to be signed by

(

a) the mayor, or in the absence of the mayor, the deputy mayor or in his or her absence, by a member of council designated for the purpose; and

(

b) the city manager or the city clerk or in their absence, the person appointed under

section 57 to act for the city manager.

1988 c35 s10

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Flag

(1)The Lieutenant-Governor in Council may, by order, on the request of the minister, proclaim an official flag for the city.

(2) An order made under subsection (1) shall be published in the Gazette

under the Statutes and Subordinate Legislation Act

and shall be published by the minister in a newspaper having general circulation in the city and by public notice posted in the city.

(3) The official flag of the city may be flown at all official places and on all official occasions of the city, and at those other places and occasions that the council may approve.

1988 c35 s11

PART II

COUNCIL

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Council continued

(1)The control and management of the city are vested in a council which is a corporation under the name of the Mount Pearl City Council.

(2) All property, assets, powers, rights, obligations and liabilities of the council holding office before July 21, 1988 continue to be vested in or charged against the council under this Act.

1988 c35 s12

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Mayor and councillors

(1)The council shall consist of a mayor and not fewer than 6 councillors as may be prescribed by the minister and the mayor and councillors shall be elected in accordance with the Municipal Elections Act.

(2) The mayor shall be elected at large by a separate election.

1988 c35 s13; 2001 cM-20.2 s102

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Youth representative

13.1

(1)The council may appoint one or more persons with the title "youth representative" to sit with the council and participate in its deliberations for a term and on conditions that the council may decide.

(2) A person appointed as a youth representative shall be less than 18 years of age at the time of appointment.

(3) A person appointed as a youth representative is not a member of council and shall not be counted for the purpose of determining a quorum or deciding a vote of the council.

2014 c5 s3

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Wards

(1)The council may by a 2/3 vote of the councillors in office at the time of the vote, divide the city into 2 or more wards, define the boundaries of the wards and fix the number of councillors to be elected for each ward.

(2) Where the council fixes a number of councillors to be elected for each ward, the council may also fix a number of councillors to be elected at large.

1988 c35 s14; 2004 c47 s8

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Rep. by 2001 cM-20.2 s102

[Rep. by 2001 cM-20.2 s102]

2001 cM-20.2 s102

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Rep. by 2001 cM-20.2 s102

[Rep. by 2001 cM-20.2 s102]

2001 cM-20.2 s102

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Remuneration and expenses

The council

(

a) may pay to the mayor, deputy mayor and other councillors the annual or other remuneration that may be agreed upon by the council as determined by a 2/3 vote of the total number of councillors and in accordance with the regulations; and

(

b) may by a vote of the majority of the councillors and in accordance with the regulations reimburse the mayor, deputy mayor and other councillors for reasonable expenses incurred by them in the conduct of city business.

1988 c35 s17

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Regulations re remuneration

(1)The council shall make regulations

(

a) setting out a scale of remuneration for the mayor, deputy mayor and councillors; and

(

b) setting out rules as to the amount of reimbursement for expenses, that may be paid out under paragraph 17(b).

(2) Payments made under

section 17 are to be paid out of the funds of the council and are not to be considered as salary or remuneration in respect of which the office of a councillor shall be declared vacant by resolution of the council.

1988 c35 s18

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Vacancy in council

(1)Where a vacancy occurs in the office of mayor, the deputy mayor shall assume the office of mayor for the remainder of the mayor's term and has the powers and shall exercise the duties of the mayor.

(2) [Rep. by 2001 cM-20.2 s102]

(3) [Rep. by 2001 cM-20.2 s102]

(4) [Rep. by 2001 cM-20.2 s102]

(5) [Rep. by 2001 cM-20.2 s102]

(6) [Rep. by 2001 cM-20.2 s102]

1988 c35 s19; 2001 cM-20.2 s102

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Vacancies

(1)The office of a councillor becomes vacant

(

a) where he or she resigns in writing, from the date specified in the resignation, or where no date is specified, from the date when the councillor files the resignation with the city clerk or, where the councillor resigns at a meeting of the council, from the time he or she so resigns;

(

b) where the council is dismissed under the Department of Municipal and Provincial Affairs Act

or where he or she is dismissed as a member of the council; or

(

c) where the council declares the office vacant under subsection (2).

(2) The council shall, by resolution, declare vacant the office of an elected councillor where he or she

(a)

[Rep. by 2021 cM-20.01 s24]

(

b) stops being ordinarily resident in the city;

(

c) has been absent from the city for more than 1 year;

(

d) becomes indebted to the council for arrears of taxes for a prior year;

(

e) without leave of the council

(

i) neglects to be sworn or affirmed into office within 2 months after his or her election, or

(ii)

does not attend meetings of the council for 3 successive months; or

(

f) accepts, without the prior approval of the minister, an office or employment under the council to which a salary or remuneration, not including an honorarium, payable out of the funds of the city is attached.

(3) A councillor in respect of whom a resolution is made under subsection (2) may not vote on that resolution.

(4) A councillor who sits or acts as a councillor after his or her office becomes vacant is guilty of an offence and is liable on

summary conviction to a fine of not more than $20 for each time he or she so sits or acts.

1988 c35 s20; 2021 cM-20.01 s24

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Appeal to Trial Division

(1)A councillor who is aggrieved by a resolution made under subsection 20(2) may appeal to a judge of the Trial Division by filing a notice of appeal with the court within 21 days of the date on which the resolution was made and upon paying into the court the sum, or upon giving a bond for the sum, that the judge considers sufficient to defray the costs of the appeal.

(2) A copy of the notice of appeal shall be filed with the city clerk by the appellant or his or her solicitor.

(3) The notice of appeal shall set out in detail the allegations of the appellant and the grounds of the appeal and shall be signed by the appellant or his or her solicitor.

(4) The appellant shall, within 14 days after the service of the notice of appeal under this section, apply to the judge for the appointment of a day for the hearing of the appeal.

(5) The city clerk shall produce before the judge all papers and documents in the possession of the council relevant to the appeal.

(6) The judge shall hear the appeal and the evidence brought forward by the appellant and the council in a

summary manner and shall decide the matter of the appeal by

(

a) upholding, amending or revoking the resolution after consideration of the applicability to the appeal of the matters set out in subsection 20(2); or

(

b) making another decision that the judge considers to be appropriate in the circumstances.

(7) The judge may make an order as to costs either for or against the appellant or the council, and may fix the amount of the costs.

1988 c35 s21; 2013 c16 s25

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Rep. by 2021 cM-20.01 s24

[Rep by 2021 cM-20.01 s24]

2021 cM-20.01 s24

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Rep. by 2021 cM-20.01 s24

[Rep by 2021 cM-20.01 s24]

2021 cM-20.01 s24

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Rep. by 2021 cM-20.01 s24

[Rep by 2021 cM-20.01 s24]

2021 cM-20.01 s24

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Rep. by 2021 cM-20.01 s24

[Rep by 2021 cM-20.01 s24]

2021 cM-20.01 s24

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Rep. by 2021 cM-20.01 s24

[Rep by 2021 cM-20.01 s24]

2021 cM-20.01 s24

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Presiding officer

The mayor is the presiding officer of the council and is the official head of the city for ceremonial purposes.

1988 c35 s27

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Deputy mayor

(1)At the 1st meeting after the election, or where the position becomes vacant, the mayor and councillors shall elect 1 of the councillors to be deputy mayor.

(2) In the absence or incapacity of the mayor the deputy mayor has the duties and shall exercise the powers of the mayor.

1988 c35 s28

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Duties

The mayor

(

a) shall be vigilant and active in causing the laws of the government of the city to be executed and obeyed and in making all reasonable efforts to advance and promote the aims and objects of the council; and

(

b) shall exercise the powers and perform the duties that may be conferred or imposed upon the mayor by the council, this Act or the regulations.

1988 c35 s29

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Authority of council

The mayor is subject to the direction and control of the council and shall abide by a decision of the council.

1988 c35 s30

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Frequency of meetings

(1)The council shall meet at least once a month for the dispatch of general business at the call of the clerk, which call shall be made upon the request of the mayor, or upon the written request by any 2 councillors, and shall meet at other times in the same manner.

(2) A

schedule of the regular monthly meetings to be held under subsection (1) shall be approved annually by resolution of the council and shall set out the date, time and place of the regular meetings.

(3) Special meetings of the council shall be called by the clerk upon the request of the mayor or any 2 councillors.

(4) Where a special meeting is called under subsection (3), the clerk shall give notice of the meeting to all members of the council by delivering a notice to a councillor

(

a) in person;

(

b) at his or her place of residence; or

(

c) at the councillor's place of business at least 24 hours before the time set for the meeting.

(5) The council may allow a councillor to participate in a meeting by electronic means where the electronic means enables the councillor to listen to the proceedings and to be heard.

(6) A councillor participating in a meeting by electronic means is considered to be in attendance at the meeting.

(7) Subsections (5) and (6) also apply to meetings held under

section 41.

1988 c35 s31; 2014 c5 s4

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Presiding officer

(1)The mayor, and in the absence of the mayor, the deputy mayor, shall preside at all meetings of the council.

(2) Where both the mayor and deputy mayor are absent from a meeting, the other councillors shall appoint a temporary chairperson who has and may exercise the powers and carry out the duties of the mayor at the meeting.

(3) The mayor or person presiding at a meeting of council may, where he or she wants to enter debate, be replaced as the presiding officer by the deputy mayor or temporary chairperson for the time during which the mayor or person presiding is speaking.

1988 c35 s32

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Points of order

(1)The decision of the presiding officer on a point of order is subject to an appeal to the council that is to be decided without debate.

(2) The procedure for appealing a decision on a point of order is as follows:

(

a) the councillor wishing to appeal the ruling shall state: "I appeal the ruling of the presiding officer.";

(

b) the presiding officer shall then immediately put the question, without debate, as follows: "It is moved that the presiding officer's ruling be upheld.";

(

c) the motion is carried or defeated by majority vote in the same manner as other disputed motions are decided.

1988 c35 s33

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Quorum

(1)A majority of the number of councillors that may be elected for the city constitute a quorum for the purposes of a meeting of the council.

(2) Where the number of councillors holding office is less than a quorum, the minister may appoint a sufficient number of councillors to make a quorum.

(3) A councillor appointed under subsection (2) holds office until the expiration of the term of office of the councillors who held office on the councillor's appointment.

2001 cM-20.2 s102

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Absence of quorum

Where the number of councillors holding office is less than a quorum, the clerk shall within 24 hours notify the minister of that fact and the minister may authorize the councillors remaining in office to perform all or those of the functions of the council that the minister may prescribe.

1988 c35 s35

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Voting

(1)Unless otherwise provided, a disputed question before the council is to be decided by a majority vote of the councillors in attendance at the meeting, inclusive of the presiding officer.

(2) Notwithstanding subsection (1), where a councillor abstains from voting on a disputed question a decision is not to be taken on that question unless the number of councillors in favour of the question is equivalent to or more than a majority of the councillors in attendance at the meeting, inclusive of the presiding officer.

(3) Where there is a tie vote on a question, the question shall be raised at the next meeting of the councillors and if the vote on the question at that meeting is a tie vote, the motion shall be considered to be lost.

1988 c35 s36

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Rules of procedure

The council shall adopt rules of procedure for its meetings.

1988 c35 s37

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Regulations

(1)Regulations made by the council under this Act shall be adopted by resolution of the council.

(2) A copy of regulations passed by the council and certified by the city clerk shall be sent to the minister by the city clerk within 14 days of their adoption by the council.

1988 c35 s38

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Notice prior to regulations

A regulation or an amendment or repeal of the regulation, shall not be considered by the council without written notice having been given at a previous meeting.

1988 c35 s39

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Publication

(1)Where a regulation is passed by the council under this Act, there shall be published in a newspaper having general circulation in the city either a copy of the regulation or a notice setting out concisely the object and the date of passing of the regulation and a statement that a person who wishes to view the regulation may do so at the office of the city clerk of the Mount Pearl City Council at City Hall and a person who wishes to obtain a copy may obtain it at that office upon the payment of a reasonable charge, as established by the council.

(2) Upon publication of the notice referred to in subsection (1) in a newspaper, the regulation shall come into force on the date of publication or on an earlier or later date that may be noted in the regulation.

1988 c35 s40

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Public meetings

(1)A meeting of the council is open to the public, unless it is held as a privileged meeting or declared by vote of the councillors present at the meeting to be a privileged meeting.

(2) Where a meeting is held as a privileged meeting or declared to be a privileged meeting, all members of the public present at the meeting shall leave.

(3) Where a decision is made by the councillors at a privileged meeting, the decision, in order to be valid, shall be ratified at a public meeting of the council.

1988 c35 s41

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Committees

The council may establish those standing or special committees that it considers desirable to consider matters referred to them by the council and make recommendations to the council.

1988 c35 s42

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State of emergency

(1)Where, in the opinion of the council or a person or group so authorized by the council, an emergency exists because of a real or anticipated occurrence or disaster which endangers or is likely to endanger the health or safety of some or all of the population of the city, the council or the mayor where previously authorized by the council, may declare a state of emergency in the city or a part of it.

(2) Where a state of emergency is declared under subsection (1), the council or the mayor where previously authorized by the council, may order

(

a) the closing of or the hours of operation of businesses and schools or a class of them, in the city;

(

b) the banning or controlling of public gatherings;

(

c) the evacuation of buildings;

(

d) the restriction or prohibition of the use of vehicles or a class of them on the streets of the city;

(

e) the restriction or prohibition of the use of water in the city; and

(

f) other action that the council considers necessary.

1988 c35 s43

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Permits

The council may, by regulation, require the obtaining of permits or licences in respect of anything that may be done or may be permitted to be done under this Act or the regulations, and may

(

a) fix the fees payable for the permits and licences;

(

b) provide for conditions to be attached to the permits and licences;

(

c) provide for the issuing of temporary permits and licences; and

(

d) provide for the length of a permit and licence and their revocation.

1988 c35 s44

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Public tenders

The execution of public works, the acquisition of goods or services and the leasing of space by the council shall be in accordance with the Public Tender Act,

and for the purpose of this

section "public works" and "goods or services" have the same meaning as in the Public Tender Act.

1988 c35 s45

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Inspection of documents

(1)The following documents shall be made available by the council for public inspection during the normal business hours of the council:

(

a) adopted minutes of the council;

(

b) assessment rolls;

(

c) regulations;

(

d) municipal plans;

(

e) opened public tenders;

(

f) financial statements;

(

g) auditor's reports;

(

h) adopted budgets;

(

i) contracts;

(

j) orders;

(

k) permits;

(

l) councillor disclosure statements filed under

section 26; and

(

m) all other documents tabled or adopted by council at a public meeting.

(2) A person making an inspection under subsection (1)

(

a) shall not remove the document from the place where it is located or interfere with an employee of the council in the performance of his or her duties; and

(

b) may make extracts from the documents, and may, where the council has copying equipment, have a copy made of the documents upon payment of a fee equal to the actual cost of providing that copy.

1999 c38 s19

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Copies of documents

Where an action has started in a court and the city clerk is satisfied or the court has ordered that an extract from a document in the possession of or under the control of the city clerk is required in evidence in the action, the city clerk shall, upon payment of the charge that may be prescribed by the council, provide to the person requiring the extract a certified copy of the extract with the seal of the council attached to it.

1988 c35 s47

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Proof of documents

An extract provided under

section 47 purporting to be certified by the city clerk and having the seal of the council attached to it shall be received in evidence as, in the absence of evidence to the contrary, proof of the extract without proof of the appointment or signature of the city clerk or the seal of the council.

1988 c35 s48

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Authentication of documents

All deeds and documents to which the council is a party and to which a seal is necessary are to be authenticated by the seal of the council.

1988 c35 s49

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Rep. by 1995 cL-16.1 s.30(3)

[Rep. by 1995 cL-16.1 s.30(3)]

1995 cL-16.1 s.30(3)

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Agent

1988 c35 s51

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Joint ventures

The council may enter into an agreement with the government of the province, another municipality or other body for the joint construction, ownership, maintenance and operation of a facility or service that the council is permitted to construct, own, maintain and operate under this Act.

1988 c35 s52

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Plebiscites

(1)The council may, by a vote of 2/3 of the councillors in office, hold a plebiscite in the city for the purpose of determining the views of the voters in the city and may

(

a) set the date for the holding of the plebiscite; and

(

b) define the question to be voted on in the plebiscite.

(2) A plebiscite shall, with the necessary changes, be held in accordance with the Municipal Elections Act.

1988 c35 s53; 2001 cM-20.2 s102

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Private services

The council may contract to do work, supply goods or provide a service not authorized for the council under this Act where it has equipment, staff or goods surplus to its needs and charges normal commercial rates so long as the service is not otherwise ordinarily provided by a person.

1988 c35 s54

PART III

STAFF

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Appointment of manager

The council may by a vote of 2/3 of the councillors in office, appoint a city manager, who is to be paid a salary to be fixed by the council.

1988 c35 s55

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Appointment as clerk

The city manager may be appointed city clerk or acting city clerk in addition to his or her other duties under this Act.

1988 c35 s56

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Acting manager

(1)Where the office of city manager is vacant, or the city manager is unable to carry out his or her duties, the council may by resolution appoint a person to act as city manager and fix his or her salary.

(2) The acting city manager has and may exercise the powers and shall carry out the duties of the city manager.

(3) Notwithstanding subsection (1), where the city manager is temporarily absent or unable to carry out his or her duties, the city manager may, subject to change by the council, designate a person as acting city manager.

1988 c35 s57

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Duties

(1)The city manager is the chief executive and administrative officer of the council and head of its administrative branch and is responsible to it for the proper planning, execution, conduct and the proper administration of the affairs of the council in accordance with the policies determined by the council.

(2) [Rep. by 2006 c36 s3]

1988 c35 s58; 2006 c36 s3

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Overall power of council

(1)The city manager shall not disobey, disregard or overrule a decision of the council.

(2) Where it is provided that the city manager may or shall make a recommendation, the council shall receive and consider the recommendation, but it is not bound to follow it nor is a recommendation of the city manager a condition precedent to action by a council.

1988 c35 s59

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Attendance at meetings

The city manager shall attend, or be represented by his or her designate, at all meetings of the council, and may at the discretion of the council attend meetings of the committees, but has no vote.

1988 c35 s60

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Right to speak

The city manager may take

part in the discussion of all matters coming before a meeting of the council or its committees.

1988 c35 s61

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Use of employees

The city manager may use the services of the heads of departments and of all other employees of the council for the purpose of carrying out his or her duties.

1988 c35 s62

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Report of disagreement

The city manager shall, where so requested in writing by a department head giving reasons for the request, report to the next meeting of the council that the department head is not in agreement with a plan, proposal or appointment of the city manager.

1988 c35 s63

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Expenditures

The city manager may make or authorize the making of expenditures for the purchase of equipment, supplies, work or other thing required for the carrying on of the business of council, and the city manager may enter into contracts for those purchases on behalf of the council

(

a) where the expenditure does not exceed in any 1 case, the amount to be prescribed by council, without reference to the council; and

(

b) where the expenditure exceeds in any 1 case the prescribed amount under paragraph (a), with the prior approval by resolution of the council.

1988 c35 s64

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Emergency expenditures

Notwithstanding

section 64, where, in the opinion of the city manager, the immediate expenditure of an amount in excess of the prescribed amount under paragraph 64(

a) is necessary to meet an emergency situation, the city manager may make that expenditure without the prior approval of the council and shall report on it to the council at its next meeting.

1988 c35 s65

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Recommendation of manager

(1)Where an expenditure in excess of the prescribed amount under paragraph 64(

a) in any 1 case is proposed, the council shall not make the expenditure until it has requested the recommendations of the city manager with respect to it.

(2) Where the city manager's recommendations are received, or where the city manager does not make his or her recommendations within a reasonable time, the council may make the expenditure in the manner and subject to the conditions that it considers appropriate.

(3) The council is not bound to adopt recommendations made to it by the city manager under subsection (1).

1988 c35 s66

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Delegation

(1)The city manager may delegate some or all of his or her powers and duties to those officers of the council that he or she considers appropriate, except those of his or her powers and duties that the council specifically exempts from delegation.

(2) Notwithstanding subsection (1), in the case of an emergency, the city manager may delegate his or her powers without reservation.

1988 c35 s67

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Appointment of clerk

The council shall, by a vote of 2/3 of the councillors, appoint a city clerk, who is to be paid a salary to be fixed by the council.

1988 c35 s68

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Appointment as manager

The city clerk may be appointed city manager or acting city manager in addition to his or her other duties under this Act.

1988 c35 s69

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Acting clerk

(1)Where the office of city clerk is vacant, or the city clerk is unable to carry out his or her duties, the council shall appoint a person to act as city clerk and fix that person's salary.

(2) The acting city clerk has and may exercise the powers and shall carry out the duties of city clerk.

1988 c35 s70

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Oaths or affirmations

The city clerk may administer oaths, affirmations and take and receive affidavits for the purposes of this Act.

1988 c35 s71

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Duties

(1)The city clerk is the secretary to the council and is responsible to it for recording the proceedings and decisions of the council and for the safekeeping of all documents of the council.

(2) [Rep. by 2006 c36 s3]

1988 c35 s72; 2006 c36 s3

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Attendance at meetings

The city clerk shall attend, or be represented by his or her designate, at all meetings of the council and at the discretion of council may attend meetings of its committees, but has no vote at a meeting.

1988 c35 s73

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Departments

(1)The council may

(

a) establish departments;

(

b) appoint for those departments the department heads that are necessary for the effective operation of the council; and

(

c) set out the roles and responsibilities of those department heads.

(2) Where there is a city manager, the council shall seek his or her recommendation before establishing a department or appointing a department head.

(3) The council may appoint one person to head 2 or more departments established under paragraph (1)(a).

(4) The department heads are responsible to the city manager, or, to the council, where there is no city manager.

2016 c49 s25

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Rep. by 2016 c49 s26

[Rep. by 2016 c49 s26]

2016 c49 s26

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Salary

A department head is to be paid a salary fixed by the council.

1988 c35 s76

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Rep. by 2016 c49 s27

[Rep. by 2016 c49 s27]

2016 c49 s27

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Rep. by 2016 c49 s27

[Rep. by 2016 c49 s27]

2016 c49 s27

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Rep. by 2016 c49 s27

[Rep. by 2016 c49 s27]

2016 c49 s27

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Rep. by 2016 c49 s27

[Rep. by 2016 c49 s27]

2016 c49 s27

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Rep. by 1991 c35 s4

[Rep. by 1991 c35 s4]

1991 c35 s4

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Tenure

The city manager and department heads hold office during the pleasure of the council.

1988 c35 s82

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Dismissal

(1)The city manager or department head may be dismissed by a vote of 2/3 of the councillors in office at a meeting called in accordance with subsection (2), where the vote to dismiss is confirmed by a similar vote at a meeting of the councillors held not earlier than 1 month after the meeting at which the 1st vote to dismiss was carried.

(2) A meeting of councillors may not hold a vote on a motion to dismiss under subsection (1) unless

(

a) a written notice of the meeting signed by the councillors intending to make the motion and second it is deposited with the city clerk; and

(

b) a copy of the notice addressed to the person who is the subject of the motion is served on him or her personally or by leaving it at the person's latest known address at least 1 week before the date of the meeting of the council at which the motion to dismiss is to be made.

1988 c35 s83

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Retirement

The city manager or department heads may be retired in accordance with a pension scheme established under this Act where that person becomes qualified for a pension, allowance or gratuity under that pension scheme.

1988 c35 s84

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Suspension

(1)Where the council is of the opinion that the city manager or a department head has grossly misconducted himself or herself in the performance of his or her duties or in the exercise of his or her powers under this Act, the council may, by a vote of 2/3 of the councillors in office, suspend the city manager or a department head from office for a period not in excess of 1 month.

(2) Where the dismissal procedure is taken under

section 83, the period of suspension shall continue until that procedure is completed, and where the dismissal procedure is started, it shall be concluded within 2 months of the date of the beginning of the suspension.

(3) The suspended person is not entitled to be paid his or her regular salary during the initial 1 month period of suspension unless the suspension is later found to be unwarranted by the council.

1988 c35 s85

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Positions

(1)The council may establish positions for the administration of the city and determine the salary for each position.

(2) The council shall establish written job specifications for each position established by it setting out the duties for each position and the qualifications of persons to fill the positions.

(3) The council shall seek the recommendations of the city manager before exercising its powers under subsections (1) and (2).

1988 c35 s86

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Employment, etc.

(1)The city manager may, on behalf of the council and after consultation with the head of the department concerned, employ, discipline, suspend or dismiss an employee of the council, other than a department head.

(2) The authority that may be exercised by the city manager under subsection (1) is subject to the terms of a collective agreement or other employment contract to which the council is a party.

(3) Where there is no collective agreement or other contract regulating the procedures to be followed under subsection (1), the council shall, upon the written recommendation of the city manager establish written procedures governing the exercise of the powers set out in subsection (1).

(4) The council itself may employ, discipline, suspend or dismiss an employee of the council, subject to subsections (2) and (3), after consulting with the city manager.

1988 c35 s87

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Transfer after annexation

Where the council decides the positions of permanent employees of the council are redundant as a result of an order annexing a municipality or a part of a municipality with the city, the minister may by order determine what positions are redundant and make those directions as to transfers that may be necessary, including directions specifying an earlier or later date from which the order shall be made effective.

1988 c35 s88

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Bonding

(1)An employee of the council whose duties include the collecting, receiving or depositing of money shall be bonded in the amount specified by the council.

(2) The council shall pay the premiums on bonds entered into under this section.

(3) The auditor shall, during the course of each audit, inspect the bonds entered into under this

section and report on their sufficiency to the council.

(4) At a meeting to be held not later than February 15 in each year, the council shall examine the bonds entered into under this section.

1988 c35 s89

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Pension scheme

(1)The council may provide a pension scheme for full-time employees, regular part-time employees, or a class of employees and for those employees, who have worked as employees for a stated period and discontinued their employment or have suffered permanent disability before reaching retirement age.

(2) The council shall determine

(

a) whether the pensions, allowances and gratuities are to be paid

(

i) by contract with the Crown in right of Canada

under the Government Annuities Act

( Canada),

(ii)

by contract with an insurer authorized to carry on business in the province,

(iii)

by contract with the Crown in right of the province, or

(iv)

by other methods that the minister may approve; and

(

b) the classes of employees who are to be eligible to receive a payment under the pension scheme and the amount of the payment.

(3) The council

(

a) shall deduct or provide for the deduction by instalments from the salary, wages, or other remuneration of each employee who is eligible to receive a payment under the pension scheme, of the amount that the employee is to contribute under the pension scheme; and

(

b) shall provide for payment of contributions to be made by the council under the pension scheme.

1988 c35 s90

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Regulations

(1)The council may make those regulations that in its opinion are necessary or desirable to provide for the pension scheme and for a matter connected with it for which no express provision has been made under

section 90 or in respect of which only partial or imperfect provision has been made.

(2) Regulations made under subsection (1) have effect from an earlier or later date that may be prescribed in the regulations.

1988 c35 s91

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Portability

(2) The council may make an agreement with a body described in subsection (1) providing for the crediting, on a reciprocal basis, of the whole or part of the pensionable service served by the employee with that body, as pensionable service with the city.

1988 c35 s92

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Group insurance

(1)The council may arrange to provide a group insurance scheme for employees or a class of employees, and for volunteer members of its fire department and for that purpose may enter into those arrangements that the council may determine with insurance or other companies or with the Crown.

(2) A group insurance scheme entered into under subsection (1) is to be based on a plan of contributions by the council and its employees, except for volunteer members of its fire department where all contributions shall be paid by the council.

1988 c35 s93

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Eligibility

The council may determine the persons or a class of persons who are eligible to receive benefits under a group insurance scheme entered into under

section 93.

1988 c35 s94

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Contributions

The council shall provide for the payment of contributions to be made by the council under a group insurance scheme and shall deduct or provide for deductions by instalments from the salary, wages or other remuneration of an employee who is eligible to receive a benefit under the scheme.

1988 c35 s95

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Training

The council may carry out staff training on its own or in co-operation with other councils, municipalities or bodies engaged in staff training programs and may arrange to help its employees financially and otherwise in taking those training programs.

1988 c35 s96

PART IV

FINANCE

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Financial year

The financial year of the council is from January 1 to December 31.

1988 c35 s97

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Bank account

(1)The council shall open a bank account in a bank approved by the council and shall deposit to its credit all money received by it.

(2) All cheques or orders withdrawing money from the bank account of the council shall be signed by a person designated for that purpose by the council, and countersigned by the city manager or the city clerk or the designated department head.

(3) In this

section "bank" includes a credit union registered under the Co-operative Societies Act.

1988 c35 s98; 2016 c49 s28

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Mechanical signatures

The city manager, the city clerk and the designated department head may impress their signatures by machinery on cheques and cheques that have been so impressed are good and valid to all intents as if the cheques had been signed in the proper handwriting of the city manager, the city clerk or the designated department head.

2016 c49 s29

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Interest on overdue accounts

The council may charge a rate of interest on payments due to the council so long as the rate of interest is not in excess of that provided in

section 131.

1988 c35 s100

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Annual budgets

(1)The council shall, not later than December 1 in each year, prepare and adopt a budget containing estimates of the revenue and expenditure of the council for the next financial year and a statement showing the rate of tax that will be imposed during that year.

(2) The budget shall be in the form that the minister may prescribe and a copy shall be sent to him or her on or before December 31 in each year and a copy of the budget shall be published in a daily newspaper having general circulation in the city.

1988 c35 s101

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Budget

In a budget proposed expenditures shall not exceed anticipated revenues.

2016 c49 s30

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Contents of budget

(1)The budget shall include only local revenue and federal and provincial revenue for which written authorization has been received.

(2) Expenditures shall not be provided in a budget for capital reserves except where the council has considered it necessary to set aside in the financial statements a reserve from the accumulated surplus, investments of funds for specific purposes of a capital nature.

(3) The unappropriated accumulated surplus, or accumulated deficit, appearing in the audited financial statements as at the end of the previous financial year, shall be credited or debited as items of revenue or expenditure in the budget of the next financial year.

(4) Where the amounts of unappropriated accumulated surplus or accumulated deficit, referred to in subsection (3) are in the opinion of the council substantial, they may be credited or debited in future budgets over the period of years that may be determined by the council.

(5) Notwithstanding subsection (2), the city may provide for an expenditure in its budget for a capital reserve where the city considers it necessary to establish a capital reserve for a specific capital project and that reserve shall appear in its audited financial statement.

(6) An operating reserve fund may be provided for in a budget, subject to the prior written approval of the minister, for a specific purpose, a specified annual amount and over a specified period of years that the council shall approve.

(7) A reserve fund under subsection (6) may be invested by the council.

1988 c35 s103; 1999 c38 s20 ; 2016 c49 s31

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Revised budget

(1)Where, during a financial year it appears that the actual revenue and expenditure is likely to be substantially greater or less than estimated, the council shall prepare and adopt a revised budget in the prescribed form.

(2) A copy of the revised budget shall be sent to the minister within 2 weeks of its adoption.

(3) A revised budget shall not take effect until 1 month from the date of its adoption by the council.

1988 c35 s104

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Effect of budget

(1)The council shall not, without authorization by a 2/3 vote of the councillors in office at the time of the vote incur, enter into, contract, or become liable for, an expenditure or indebtedness beyond or in excess of the estimated amount of expenditure set out in the adopted budget or revised budget.

(2) Where under subsection (1) the council has acted to substantially increase the estimated amount of expenditure set out in the adopted budget, council shall within 30 days prepare and adopt a revised budget in the prescribed form.

1988 c35 s105

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Partnership budgeting

(1)Where the city has incurred major deficits in a financial year of an extent that the minister considers it advisable to do so, the minister may, by order, require the council to submit its budget or revised budget to him or her for approval and the minister may approve or disapprove a budget or revised budget so submitted to him or her.

(2) Where a minister has made an order under subsection (1), the minister may also assign an officer of his or her department to help the council in the preparation of its budget or revised budget.

1988 c35 s106

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Books of account

The council shall ensure that complete books of account are kept of the financial dealings of the council.

1988 c35 s107

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Financial statement

(1)The council shall prepare and adopt, within 5 months of the end of each financial year, a financial statement in a manner consistent with generally accepted accounting principles established periodically by the Public Sector Accounting Board.

(2) The mayor and the designated department head shall sign the financial statement and shall attach a report that an auditor has made with respect to the financial statement.

(3) The council shall publish the financial statement, together with an auditor's report on it in a newspaper having general circulation in the city within 30 days of its adoption where there is no auditor's report, or within 30 days of the receipt of the auditor's report where there is a report.

1988 c35 s108; 2016 c49 s32

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Appointment of auditor

(1)The council shall appoint an auditor not later than July 30 in the year preceding the year in which the audit is required to be reported under

section 113 to audit the accounts of the council and report on the financial statement prepared by the council.

(2) An auditor appointed under subsection (1) shall be a member of

(

a) the Association of Chartered Professional Accountants; or

(

b) the auditor general and the auditor general's staff

who is licensed as a public accountant under the Chartered Professional Accountants and Public Accountants Act

and his or her appointment remains in effect until revoked by council.

(3) [Rep. by 2016 c49 s33]

1988 c35 s109; 1998 c6 s5 ; 2014 cC-10.1 s57 ; 2016 c49 s33

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Appointment by minister

Where the council does not appoint an auditor within the time set out in

section 109 or the auditor is not a qualified person under that section, the minister shall appoint an auditor to audit the accounts of the council and report on the financial statement prepared by the council.

1988 c35 s110

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Auditor's powers

An auditor may call for, and the council shall supply, all books and vouchers of the council that the auditor considers necessary to enable him or her to properly audit its accounts.

1988 c35 s111

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Auditor's report

The auditor shall examine and report on the annual financial statement of the council and its books of account and in his or her report shall particularly direct his or her attention to

(

a) an expenditure in excess of the budget of the council;

(

b) the position with regard to arrears of revenue;

(

c) the manner in which the accounts have been kept;

(

d) the adequacy of the safeguards against fraud;

(

e) the sufficiency of bonds entered into under

section 89; and

(

f) other matters connected with the accounts that the auditor may consider of sufficient interest or importance to mention.

1988 c35 s112

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Time of completion

The auditor shall complete and submit a report on his or her audit within 5 months of the end of the financial year being audited.

1988 c35 s113

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Copy to minister

The council shall send a copy of the audit to the minister within 30 days of its receipt.

1988 c35 s114

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Interim report

The auditor shall, at the request of the council or the minister, make an interim report on the accounts of the council and shall send a copy of the report to the council and the minister within 30 days of its completion.

1988 c35 s115

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Current account borrowing

(1)The council may borrow sums of money for current account purposes.

(2) The indebtedness of the council incurred as a result of borrowing an amount under subsection (1) shall not exceed 20% of its estimated tax yield, grants-in-lieu and other assured revenue, other than water and sewage subsidies paid by the province to the council, in the financial year in which the borrowing takes place.

(3) All amounts borrowed under subsection (1) shall be repaid before the end of the fiscal year in which the borrowing takes place.

(4) Notwithstanding subsections (2) and (3), the council may, with the prior written approval of the minister,

(

a) borrow money for current account purposes in an amount which is greater than 20% of its estimated tax yield, grants-in-lieu and other assured revenue; and

(

b) finance the repayment of money borrowed under this subsection and in accordance with subsection (2) beyond the year in which it is borrowed.

1999 c38 s21

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Long term borrowing

Subject to the approval of the minister, the council may borrow money for capital purposes and issue securities for the repayment of money borrowed.

1988 c35 s117

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Capital budget

The council shall annually on or before the end of each year submit to the Municipal Capital Projects Board established under the Municipal Grants Act

a 5 year forecast of its anticipated capital expenditure requirements.

1988 c35 s118

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Unauthorized expenditure

(1)Where, without the prior approval of the minister, the council uses money borrowed under

section 117 for a purpose other than the purpose for which the minister approved the raising of the loan, the councillors who voted for the use of the money are personally and jointly and individually liable for the restoration of that money to the council, and the council may recover the money as a civil debt due to it.

(2) Where a person entitled to vote in an election for councillors files a written request with the council concerned asking it to bring an action against councillors who incur liability under subsection (1) for the recovery of the money referred to in the subsection and the council refuses or neglects to do so for 1 month, then, the person who filed the request may bring the action on behalf of himself or herself and other persons in the city.

1988 c35 s119

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Certificate

(1)A debenture issued by the council shall have on it the following certificate:

"This debenture is valid and binding according to its terms and its validity is not open to question in a court in the province, and this certificate is given under the City of Mount Pearl Act.

Dated at St. John's

, Newfoundland

and Labrador

this _____ day of _______, 19__.

Deputy Minister of Municipal and Provincial Affairs".

(2) The certificate as set out in subsection (1) on a debenture when signed by the Deputy Minister of Municipal and Provincial Affairs is conclusive that

(

a) the council had full power and authority in law and in fact to make and issue the debenture;

(

b) the debenture has been lawfully and validly made and issued;

(

c) that the debenture is valid and binding on the council according to its terms; and

(

d) its validity is not open to question in a court in the province.

(3) The Deputy Minister of Municipal and Provincial Affairs may impress his or her signature by machinery on debentures, and a certificate on which his or her signature has been so impressed is good and valid to all intents as if it had been signed in the proper handwriting of the deputy minister.

1988 c35 s120; 2001 cN-3.1 s2

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Currency

Where the council borrows money under

section 117, the amount of the loan to be raised shall be stated in Canadian dollars.

1988 c35 s121

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Signature of debentures

The mayor, the city clerk or city manager may impress their signatures by machinery on debentures issued by the council, and debentures that have been so impressed are good and valid to all intents as if they had been signed in the proper handwriting of the mayor, city clerk or city manager.

1988 c35 s122

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Powers of expenditure

(1)The council may pay, out of the funds at its disposal, salaries or remuneration to the councillors, officers, auditors and employees of the council, and all the other expenditures incurred in the execution of the powers and duties vested by this Act or other law in the council, subject to there being a provision for the expenditure in the adopted budget or revised budget.

(2) The council may, out of the funds at its disposal, and by a 2/3 vote of councillors in office, provide a grant for charitable or philanthropic causes that it considers appropriate but grants may not be provided to political parties or candidates in municipal, provincial or federal elections.

1988 c35 s123; 2016 c49 s34

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Rep. by 1999 c38 s22

[Rep. by 1999 c38 s22]

1999 c38 s22

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Guaranteed loans expenditure

Where the council has raised money by a loan advanced or guaranteed by the Crown or under bonds or debentures issued by the council with their repayment guaranteed by the Crown, the money shall not, except with the consent of the Lieutenant-Governor in Council, be attached, held or otherwise taken under powers of law to satisfy an obligation of the council arising out of a contract entered into without the prior approval of the minister.

1988 c35 s125

PART V

TAXES

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Imposition of taxes

All taxes that may be imposed or varied by the council shall be imposed or varied by a resolution of council.

1988 c35 s126

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Tax rates fixed annually

(1)The council may, in the resolution imposing or varying the tax, set out the date when that tax is due.

(2) Where a tax is imposed or varied by the council within 3 months of the beginning of the financial year the tax is considered to have become due from the beginning of that financial year, unless a later date is set out under subsection (1).

(3) Where a tax is imposed or varied after 3 months of the beginning of the financial year, it shall not take effect until the beginning of the next succeeding financial year unless a later date is set out under subsection (1).

1988 c35 s127

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Instalment payments

The council may provide for the payment of a tax imposed under this Act at monthly or bi-monthly intervals or at those other times that may be determined by resolution of the council and may charge a rate of interest on the payments not in excess of that provided for under

section 131.

1988 c35 s128

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Effect of extensions

(1)Notwithstanding

section 130, where the time for the completion of the assessment roll is extended, or the time for the closing of the assessment review commission is extended under the Assessment Act, 2006

and as a result the council is unable to impose or vary the real property tax within 3 months of the beginning of the financial year, the real property tax is considered to become due from the beginning of that financial year, unless the council sets a later date under

section 127.

(2) Notwithstanding

section 127, where a water system, sewage system or water and sewage system are installed during a financial year, the water and sewage tax imposed in relation to the installation is considered to become due from the beginning of that financial year, unless the council sets a later date under

section 127.

1988 c35 s129; 2006 cA-18.1 s48

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Duration of tax

Taxes imposed or varied by the council remain in effect and are due according to the nature of the tax and its method of payment, until the resolution of council imposing it has been cancelled.

1988 c35 s130

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Interest on arrears

The council may charge simple or compound interest on taxes that are not paid on or before the date on which they become due, if, before making that charge the council passes a resolution establishing whether the interest shall be simple or compound, the rate of interest to be charged and when that interest shall be applied.

1999 c38 s23 ; 2009 c40 s2

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Discount allowed

The council may allow a discount in respect of taxes imposed under this Act at a rate not exceeding 10% of the tax where the tax is paid within 30 days after it first becomes due, or within a later time that the council may pass by resolution.

1988 c35 s132

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Publication of taxes

(1)The council shall publish a copy of a resolution of the council, where a tax is imposed or varied, in a newspaper circulated in the city.

(2) Subsection (1) does not apply to a resolution of the council that settles an individual tax.

(3) The liability of a person to pay a tax is not affected by the failure of a municipality to comply with subsection (1).

1988 c35 s133

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Proof of valid tax

In an action under this Act in which it is necessary to show that a tax was imposed or varied, a copy of the minute of the council signed by the clerk is, in the absence of evidence to the contrary, proof that the tax was properly imposed or varied.

1988 c35 s134

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Real property tax

(1)The council shall impose an annual tax, to be known as "the real property tax" on the owners of real property within the city.

(1.1) For the purpose of establishing real property tax, there may be imposed in respect of real property used for residential purposes one rate of tax and in respect of commercial property, another rate of tax.

(2) Where there are 2 or more owners of real property within the city, the city clerk may designate one of those owners to be the owner for the purposes of the imposition and collection of the real property tax.

1988 c35 s135; 1994 c23 s3 ; 2017 c10 s7

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Rate of tax

The rate of the real property tax shall be

(a)

[Rep. by 1994 c23 s4]

(

b) fixed as a percentage of the real property as set down in the latest prepared assessment roll of the city prepared under the Assessment Act, 2006;

and

(

c) one that is estimated to be sufficient, together with the anticipated revenues from other sources, to cover all the anticipated expenditures of the council to be made from current funds during the current financial year of the council.

1988 c35 s136; 1994 c23 s4 ; 2006 cA-18.1 s48

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Minimum tax

(1)The council may, by resolution, establish different minimum annual real property taxes in the city for

(

a) residential property;

(

b) commercial property;

(

c) vacant land; and

(

d) land that has upon it a structure which

(

i) is not used for residential purposes, and

(ii)

does not exceed the square meterage area prescribed by the city.

(2) The council may make regulations respecting the square meterage of a non-residential structure for the purpose of paragraph (1)(d).

2016 c49 s35

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Occupier deemed owner

Where real property is occupied and the owner is not known, the occupier is considered to be the owner for the purposes of the imposition and collection of the real property tax.

1988 c35 s138

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Tenant of tax exempt property

The tenant of real property not subject to the real property tax shall pay a tax equivalent to the tax that would have been payable by the owner if the property were subject to the real property tax, where that tenant pays rent or other valuable consideration for the real property.

1988 c35 s139

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Representative capacity

(1)Where real property is under the control of a person in a representative capacity as executor, administrator, trustee, guardian or agent, that person is liable for the payment of the real property tax only in his or her representative capacity.

(2) Where the owner of real property is an infant, the person whose name has been entered on the assessment roll of the city prepared under the Assessment Act, 2006

as the parent, guardian or other legal representative of the owner is liable for the payment of the real property tax, if the owner defaults in the payment.

1988 c35 s140; 2006 cA-18.1 s48

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Tax exempt property

The following real property is exempt from the real property tax:

(

a) real property belonging to Canada

or a province

of Canada;

(

b) real property belonging to a municipality, or its agents;

(

c) real property exempted by

an Act of the Legislature;

(

d) churches and other places of worship together with the land

(

i) on which they are situated, and

(ii)

that in relation to the places of worship, is in active use;

(

e) church halls used more than 50% of the time for religious or congregational purposes together with the land

(

i) on which they are situated, and

(ii)

that in relation to the church halls, is in active use;

(

f) the rectory or other principal residence of a priest, minister or rabbi in charge of a church or other place of worship where that residence is owned by the church or other place of worship, together with the land

(

i) on which it is situated, and

(ii)

that in relation to the place of residence is in active use;

(

g) cemeteries operated by churches or non-profit organizations;

(

h) hospitals as defined in the Hospitals Act

and the land on which they are situated, including student residences, but not including other residences and apartments;

(

i) public schools and colleges as defined in the Schools Act

and the land on which they are situated, including student residences and playing fields and other recreational facilities owned by a school board or group of school boards but not including other residences and apartments;

(

j) universities and colleges, and the land on which they are situated, including student residences and playing fields and other recreational facilities owned by them, but not including other residences and apartments;

(

k) productive farm land and woodland as designated by the minister responsible for that land and buildings on and used in connection with farm or wood production from that farm;

(

l) real property belonging to a Local School Tax Authority established under the School Tax Act;

and

(

m) other real property that has been exempted by the council under

section 157.

1988 c35 s141; 1999 c38 s25

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Supplementary assessment

(1)The owner of real property that has been made subject to a supplementary assessment under paragraph 24(1)(

a) of the Assessment Act, 2006

is liable for the payment of the real property tax on the basis of the supplementary assessment for the remaining portion of the calendar year from the earlier of the date of substantial completion or the date of occupancy of the real property.

(2) The owner of real property that has been made subject to a supplementary assessment under paragraphs 24(1)(

b) to (

f) of the Assessment Act, 2006

is liable for the payment of the real property tax on the basis of the supplementary assessment for the remaining portion of the calendar year from the date of the event that gave rise to that supplementary assessment.

(3) Where real property has been made subject to an original or supplementary assessment under the Assessment Act, 2006

and an appeal is taken under that Act against the assessment, the real property tax is, notwithstanding an appeal, payable on the basis of that assessment.

(4) The difference between the amount of the tax collected under subsection (3) and the amount payable on the basis of the assessment as later determined on the appeal under the Assessment Act, 2006

shall be paid by the owner or refunded by the council, according to the decision in the appeal.

2016 c49 s36

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Rep. by 1999 c38 s26

[Rep. by 1999 c38 s26]

1999 c38 s26

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Business tax

The council shall impose an annual tax, to be known as "the business tax", on all individuals, partnerships, associations and corporations carrying on business in the city.

1988 c35 s144

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Rate where no fixed place of business

(1)Where the real property tax is not applicable to a business because it has no fixed place of business, the council shall set the business tax as a percentage of the gross revenue of business done by the business.

(2) For the purposes of this

section a business has no fixed place of business if it does not operate from a specific location for a period of at least 1 month.

1988 c35 s145

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Gross revenue

(1)A business subject to the business tax as calculated under

section 145 shall submit a statement made under oath or affirmation as to its gross revenue in the preceding year by February 1 of the following year.

(2) Where a business does not submit a statement of its gross revenue, the council shall estimate the gross revenue of the business for the preceding year and bill for taxes based on its estimate.

(3) Where a business subject to the business tax as calculated under

section 145 has not been carrying on business in the preceding year, the council may estimate the gross revenue of business and bill for taxes based on its estimate.

(4) Where a business provides records to the council after the council makes an estimate under subsection (2) or (3) that shows to the satisfaction of the council an amount of gross revenue different from that estimated by the council, the council shall adjust its tax records at the end of its financial year and shall either rebate excess taxes paid by crediting the rebate to the next year's business tax or add additional tax owing to the next year's business tax.

(5) Where the council has estimated the gross revenue of a business under subsection (3), the business may appeal to the council for a revised estimate where the business is able to show the council reason for the revision.

1988 c35 s146

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Rate where property tax

Where the council has imposed the real property tax, it shall set the business tax as a percentage of the assessed value of the real property used by the business, where there is a fixed place of business, and the business tax becomes due from the same date as the real property tax becomes due.

1988 c35 s147

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Variation of rate

The council may vary the rate of business tax between different classes of businesses.

1988 c35 s148

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Minimum business tax

(1)The council may impose a minimum business tax on all businesses operating in the city.

(2) There may be differing minimum business taxes under subsection (1) for different classes of businesses.

(3) Notwithstanding sections 145 and 147, the council may impose a minimum business tax under subsection (1) as a fixed amount.

1999 c38 s27

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Poll tax

(1)The council may impose an annual tax, to be known as "the poll tax", of not less than $50 on all persons 18 years or older who ordinarily live in the city at the beginning of the financial year or during the financial year or are employed in the city for a period of not less than 3 months in total during the financial year of the council.

(2) The council may vary the amount of the poll tax in respect of non-residents of the city who fall within subsection (1).

(3) A person who is not resident in the city for the full current financial year is entitled to a rebate of the poll tax he or she has paid for the full year, the rebate to be in proportion to the duration of time that person is not resident.

(4) For the purposes of this

section and

section 151 the rules for determining persons who are ordinarily resident under

section 340 apply.

(5) Notwithstanding

section 151, the poll tax is due by a person when he or she becomes liable under subsection (1).

1988 c35 s150

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Exemption from poll tax

(1)A person employed in the city who

(

a) is liable to pay a real property tax in the city equal to or in excess of the poll tax in the same financial year; or

(

b) is liable to pay a poll tax or real property tax in the municipality where he or she ordinarily lives

is exempt from the poll tax imposed by the city.

(2) Where a person who has a spouse pays real property tax both the person and his or her spouse are exempt from the poll tax imposed by the city.

(3) A person whose income from all sources is less than the basic personal exemption provided for under the Income Tax Act

(Canada) is exempt from the poll tax, upon application to the council.

(4) For the purposes of subsection (3), income in the form of a pension under the Old Age Security Act

( Canada

) and those pensions and allowances that may be prescribed by the Lieutenant-Governor in Council shall not be considered to be income.

1988 c35 s151; 2009 c31 s4

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Employer's duty

(1)An employer in the city shall, on demand of the council, deliver to the council within 2 weeks of the demand the names of its employees and the dates on which their employment began.

(2) Where a person resident in the city is asked by the council the name of his or her employer, that person shall immediately give the information to the council.

(3) An employer not referred to in subsection (1) shall, on demand of the council in relation to an individual the council shall name, deliver to the council within 2 weeks of the demand, the fact of whether or not the individual is employed by the employer, and if so, the dates on which the employment began.

(4) Where a person has been employed in the city for not less than 3 months in a financial year of the council, or where a person is ordinarily resident in the city and the council so demands, his or her employer, whether in or outside the city, shall deduct the poll tax for the current year from that person's wages and shall forward the tax collected immediately to the council, unless the employee who is exempt from payment of the poll tax obtains a certificate from the clerk to that effect.

(5) The Crown or an agency of the Crown that employs a person subject to the payment of a poll tax shall deduct the poll tax for the current year from that person's wages and shall forward the tax collected to the council within the time limit specified by the council, unless the employee who is exempt from payment of the poll tax obtains a certificate from the city clerk to that effect.

1988 c35 s152

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Water and sewage tax

(1)The council shall impose a tax to be known as "the water and sewage tax" upon the owner of real property located inside or outside the city connected to the water system, sewage system or water and sewage system of the city.

(2) Where real property that is capable of being serviced by a water system, sewage system, or water and sewage system is not serviced, the owner of the property,

(

a) in the case where there is a building on the property that is occupied and, by virtue of the use to which the building is put, would ordinarily be provided with water and sewage services, shall pay the water and sewage tax; and

(

b) in the case where there is no building on the property shall, on the request of the council pay the water and sewage tax.

1988 c35 s153

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Method of taxation

(1)Where the real property tax is imposed in the city, the water and sewage tax shall be set

(

a) in the case of private buildings or property on which there is no building,

(

i) at a flat rate in addition to the mill rate that may be determined by council, or

(ii)

at a mill rate that may be determined by council, or

(iii)

at a flat rate or metered rate,

and the type of rate may differ in respect of different classes of private buildings in the town;

(

b) in the case of public buildings normally in full-time use that have an assessed value equal to or greater than $1,000,000, at the prescribed rate that the council may approve;

(

c) in the case of public buildings normally in full-time use that have an assessed value of less than $1,000,000, at the prescribed rate related to the occupancy of the building and the type of public building that the council may approve; and

(

d) in the case of public buildings that are not normally used full time, at the prescribed rates related to the occupancy of the building and the type of public building that the council may approve.

(2) Where the water and sewage tax is set at a metered rate and there is no meter installed or working in relation to a building to which a metered rate applies, the council may for the purpose of imposing the tax estimate the quantity of water used in that building until a meter is installed and working.

(3) Where the council estimates the quantity of water used in a building under subsection (2) and the person who is liable for the water and sewage tax calculated on that estimate feels the estimate is incorrect, that person may appeal to the council for an adjustment in the estimate.

(4) Notwithstanding that a person appeals an estimate under subsection (3), that person shall pay the water and sewage tax as calculated on the estimate of the quantity of water used and an adjustment, on the payment of tax, shall be made in accordance with the appeal decision.

1988 c35 s154

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Regulation re: water and sewer tax

154.1

Notwithstanding sections 153 and 154, the minister may make regulations to establish a water and sewage tax rate applicable to and a maximum allowable amount of water and sewage tax payable by the owner of real property located inside or outside the city that is connected to the water system or sewage system of the city or to both where that real property is the location of a

(

a) school operated under the Schools Act, 1997;

(

b) scheduled hospital as defined in the Hospitals Act;

and

(

c) building owned by the Crown,

and a tax rate imposed in accordance with this

section shall be considered to have been imposed, with the necessary changes, under sections 153 and 154.

2005 c9 s2

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Special users

In addition to the tax paid under

section 153, the council may impose an additional rate of tax on users, other than residential users of a water system, sewage system or a water and sewage system, based on the quantity and quality of water used and effluent discharged.

1988 c35 s155

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Disconnection of service

(1)Where a tax, fee, levy, assessment, fine or other charge imposed by the council is in arrears, in addition to other remedies that the council has to enforce payment, the council may disconnect the service of a water system, sewage system or water and sewage system provided to the person who owes the tax, fee, levy, assessment, fine or charge to the council.

(2) Where it is necessary for the purposes of subsection (1), the employees or agents of the council may enter upon real property, whether publicly or privately owned, and at reasonable times enter into the buildings or structures on the real property.

1988 c35 s156; 2006 c7 s2

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Exemption and remission

(1)A person may apply to the council for, and the council may, by a vote of 2/3 of the councillors in office, grant an exemption, remission or deferment of taxes and interest on the taxes, either in whole or in part, for those periods of time that the council decides and the council may determine the evidence which it shall require to warrant that exemption, remission or deferment.

(2) The council may, by a vote of 2/3 of the councillors in office, enter into tax agreements and offer tax incentives which vary existing rates of tax.

1999 c38 s28

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Collection as civil debt

(1)All taxes imposed under this Part may, in addition to all other methods of collection provided in this Part, be sued for and collected by action in the name of the council as a civil debt due to the council.

(2) Payment of interest charged by council under this Part may be collected in the manner provided by subsection (1).

1988 c35 s158

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Lien

(1)Taxes fixed, established and imposed in respect of real property, including the real property tax, business tax, where the owner of the business is also the owner of the real property occupied by that business, and water and sewage tax, where the water and sewage system services the real property owned by the person who is taxed for that service, together with interest owing on those taxes, constitute a lien upon that real property except where the real property is sold for tax arrears by the council.

(2) A lien under subsection (1) attaches on the date on which the relevant tax was due to the council and continues for a period of 6 years after that attachment or 6 years after the last payment on account of the tax or acknowledgement of the tax has been made or given to the council, whichever is later.

(3) A lien under this

section ranks in priority over a grant, deed, lease or other conveyance and over a judgment, mortgage or other lien or encumbrance affecting the real property or the title to the real property to which the lien applies.

(4) Where proceedings are taken to enforce a lien imposed under this section, the lien shall continue in force until the completion of the proceedings, or for 10 years, whichever is sooner.

(5) The registration of a grant, deed, lease or other conveyance or of a judgment, mortgage or other lien or encumbrance, whether it was before or after the time the lien attached, does not affect the priority of the lien.

(6) It shall not be necessary to register a lien imposed under this

section in the Registry of Deeds established under the Registration of Deeds Act.

1999 c38 s29 ; 2016 c49 s37

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Occupied residential property

Notwithstanding

section 159, real property that is occupied for full time residential purposes by the owner shall not be sold for tax arrears by the council while it is occupied in that manner.

1999 c38 s29

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Tax certificate

The city clerk shall, on payment of a fee set by the council, give a tax certificate to the owner or mortgagee of real property or his or her solicitor certifying the tax position of the property and other charges imposed by the council on the real property and that tax certificate is binding upon the council as to all taxes and other charges then imposed with respect to the real property.

1999 c38 s29

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Notice of arrears

161.1

(1)Where taxes on real property owed under this Part are in arrears, the city clerk shall serve upon the owner, mortgagee, judgment creditor, lienholder or other person having a charge or encumbrance upon or against the real property to which the taxes apply a notice signed by the city clerk which shall contain

(

a) a general description of the real property affected;

(

b) the amount of arrears of taxes owing in respect of the real property, the year in which the arrears of taxes were imposed and the person in whose name the real property was then assessed; and

(

c) a statement that the real property is liable to be sold under this Act for the arrears, with interest and the expenses of and incidental to the arrears unless they are paid within 60 days from the date of the notice.

(2) Service of the notice upon a person under subsection (1) is sufficient where it is sent by registered mail to the last known address of the person, or, where the address of the person is not known, by leaving the notice with the tenant or occupant of the real property affected or by posting a copy of the notice in a conspicuous place on the property.

(3) Where the owner of the real property taxed under this

Part is unknown or the city clerk has not been able to obtain information respecting ownership or encumbrances, the notice shall be posted in a conspicuous place on the real property affected.

1999 c38 s29 ; 2016 c49 s38

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Right of mortgagee

161.2

(1)A mortgagee, judgment creditor or other person having a lien, charge or encumbrance upon or against real property liable to be sold for taxes, or in respect of which taxes are due, may, after the lien for taxes has attached and before sale, pay to the city clerk the amount of the taxes, together with all interest and expenses incurred in respect of the real property affected.

(2) Where a person pays taxes under subsection (1), the person may add the amount paid to his or her mortgage, judgment or other security, notwithstanding a clause or condition to the contrary contained in the security and shall have the same rights, remedies and privileges against the real property that he or she has under the security held by him or her and may sue for and recover in an action for debt the amount paid, together with interest, against the person liable under this Part to pay that amount.

(3) Notwithstanding subsections (1) and (2), it shall be considered to be a condition of all mortgages of real property within the city that the mortgagee may pay money owing to the council and unpaid in respect of the mortgaged property and add the money to the mortgagee's security, notwithstanding a clause or condition to the contrary contained in the mortgage.

1999 c38 s29

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Direction to sell

161.3

After the time limit indicated in the notice required to be given under

section 161.1, the council on the application of the city clerk shall, by resolution, direct that the real property be sold.

1999 c38 s29

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Advertisement and notice

161.4

(1)The city clerk shall immediately upon receipt of a copy of the resolution referred to in

section 161.3

(

a) advertise the real property referred to in the resolution for sale by public auction at a time and place that shall be stated in the advertisement; and

(

b) provide written notice of the sale of that property to a mortgagee, judgment creditor, lienholder or other person having a charge or encumbrance upon or against the real property.

(2) Advertisement under paragraph (1)(

a) shall be effected by posting the advertisement in not fewer than 2 conspicuous places in the city and publishing in a daily or weekly newspaper in circulation in the city by one insertion each week, where there is such a newspaper, at least 30 days immediately before the sale.

(3) Notice under paragraph (1)(

b) shall be provided through personal service or by mailing a copy of the notice to the last known address of the person and obtaining a signed document acknowledging receipt

at least 30 days immediately before the sale.

(4) It is sufficient in the

notice and the advertisement to put the street and number of the real property, or to put another short reference by which the real property may be identified, together with a statement that a full description may be seen at the office of the city clerk.

2016 c49 s39

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Sale by auction

161.5

(1)At the time and place mentioned in the notice of sale the city clerk shall, unless the arrears of taxes and interest and the expenses incidental to those proceedings and sale are then, or have been previously, paid to him or her, proceed to sell at public auction the real property or portions of the real property that in his or her judgment are sufficient to pay those taxes, interest and expenses.

(2) Where the real property described or referred to in the notice of sale is only a portion of real property for which a tax is owed and the portion does not sell for a sufficient sum to satisfy the taxes, interest and expenses due with respect to the real property of which it forms a part, the city clerk may immediately, and without further notice, sell the whole or a portion of the remainder of the real property to satisfy the taxes, interest and expenses.

(3) The city, by an official or agent, may bid for and purchase real property being sold to satisfy taxes, interest and other expenses due.

1999 c38 s29

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Further notice of sale

161.6

(1)Where at the time appointed for the sale of real property no bidder appears, or where the city clerk fails at the sale to sell that real property for the full amount of the arrears of taxes, interest and expenses due, he or she shall adjourn the sale until a day to be publicly named by him or her, not earlier than one week and not later than 2 weeks after the time originally appointed for the sale.

(2) The city clerk shall give notice to a person entitled to notice under paragraph 161.4(1)(

b) through personal service or by mailing a copy of the notice to the last known address of the person and obtaining a signed document acknowledging receipt

and shall advertise in the paper in which the sale was originally advertised, or where not then in circulation, in another newspaper circulating in the city, if there is one, of the time and place to which the sale is adjourned and he or she shall again put up the real property at public auction and may sell the real property for a sum that can be realized.

1999 c38 s29 ; 2016 c49 s40

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Sale set aside

161.7

Where real property is sold for taxes and the sale is set aside for an error, irregularity or other cause, the lien on the real property shall not as a result be discharged but shall continue for the same time as if the date of the setting aside were the date on which the sale took place and the property may again be sold unless the taxes, interest and expenses against it are paid.

1999 c38 s29

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Tax payment from proceeds

161.8

(1)The city clerk shall, out of the money received on the sale of real property, deduct the amount of taxes, interest and expenses owing to the city, at the time of the sale.

(2) Where there is a balance remaining after making the deductions under subsection (1), the city shall

(

a) where the balance is less than $200, pay the balance to the former property owner; or

(

b) where the balance is $200 or more, pay the balance to the former property owner unless an application is made to the Trial Division within 90 days of the auction by a person claiming entitlement to the balance and if an application is made, pay the balance into the Trial Division.

(3) Where paragraph (2)(

b) applies, the city shall immediately provide written notice to a person entitled to notice under paragraph 161.4(1)(b), in the manner set out in subsection 161.4(3),

of the amount of the balance and the requirement to apply to the Trial Division within 90 days of the auction to claim entitlement to the balance or a portion of the balance.

(4) Where the former owner of the real property is unknown or cannot be located and there is a balance remaining after making the deductions under subsection (1), the city shall pay the balance into the Trial Division.

(5) Payment of the balance into the Trial Division under subsection (2) or (4) shall have the same effect as payment to the owner, and a judge of the Trial Division, on the application of an

interested person, may order the payment out of court of the balance or a portion of the balance to the person entitled to it.

1999 c38 s29 ; 2016 c49 s41

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Failure to pay

161.9

Where the purchaser of real property at a sale under this Act fails to immediately, after the sale being knocked down to him or her,

(

a) pay the city clerk or his or her agent the amount of the purchase money; or

(

b) deposit with the city clerk an amount equal to the amount of the taxes, interest and expenses of sale for which the real property has been sold,

the city clerk shall immediately put up the real property for sale again.

1999 c38 s29

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Future assessments

161.10

(1)Where real property has been sold under this Act for arrears of taxes, it shall be assessed to the purchaser, his or her executors, administrators or assigns.

(2) Where the city is the purchaser, the real property shall be assessed to the city.

(3) Where real property has been sold under this Act for arrears of taxes, the council shall give to the purchaser a valid conveyance in the name of the city signed by the mayor and the city clerk or the person appointed by council and sealed by the city.

1999 c38 s29

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Vesting of property

161.11

The conveyance referred to in

section 161.10 shall be conclusive evidence that the provisions of this Act with reference to the sale of the real property described in that conveyance have been fully complied with, and everything necessary for the legal perfection of that sale has been performed, and shall have the effect of vesting the real property in the purchaser, his or her executors, administrators or assigns absolutely free from encumbrances except a claim of the Crown and an easement.

2016 c49 s42

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Seizure of rentals

In addition to all other powers of enforcing payment of taxes that the council possesses, it may seize so much of the rentals payable by tenants of real property that is subject to the real property tax, business tax or water and sewage tax as may be needed to discharge the liability of the owners of that real property for the tax due by the owners to the council whether or not the taxes are in respect of the real property occupied by the tenants.

1988 c35 s162

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Service of notice

(1)The city clerk shall serve on a tenant referred to in

section 162, a written notice signed by him or her requiring the tenant to pay rent to the council instead of to the tenant's landlord.

(2) The city clerk shall deliver or mail to the landlord a duplicate copy of the notice served under subsection (1), on or before the date of service of the notice on the tenant.

1988 c35 s163

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Payment of rent

(1)The tenant shall, from the date on which he or she receives the notice under

section 163, until the city clerk cancels the written notice, pay his or her rent to the council, or so much of it as the clerk specifies in the notice, and a receipt signed by the city clerk is to the extent of the payment a good discharge to the tenant as against a claim by his or her landlord for rent.

(2) The city clerk shall deliver or mail to the landlord a duplicate copy of a receipt given to a tenant under subsection (1).

(3) The city clerk shall credit, against the indebtedness of the landlord to the council, payments made by tenants under subsection (1), and the council is not obliged to release the tenant from liability to continue making payments to the council under that subsection until the landlord's liability has been completely discharged.

1988 c35 s164

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Right to distrain

The council may, but is not obliged to, distrain on a tenant's chattels for rent in arrears, and where the council refuses to distrain the landlord may do so, upon giving security to the satisfaction of the council for payment to it of the proceeds of the distress or so much of it as is required to discharge the liability of the landlord to the council for the taxes referred to in

section 162.

1988 c35 s165

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Penalty

(1)A person who fails

(

a) to pay a tax that he or she is liable to pay in accordance with this Part; or

(

b) to collect and pay to the council a tax that he or she is directed to collect and pay over by this

Part

is guilty of an offence and liable on

summary conviction to a fine of not less than $25 and each day's continuance of the failure constitutes a separate offence.

(2) Sections 736 and 737 of the Criminal Code shall not be applied in disposing of a prosecution for an offence under this

section or imposing punishment for the offence.

(3) Where a person has been convicted under paragraph (1)(

a) for failing to pay a tax, the court shall, when imposing sentence, also order that person to pay the amount of the tax.

1988 c35 s166

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Assessments

Where real property is directly benefited by a public work of the council, including,

(

a) the construction of water and sewer lines, or either of them, or storm systems and the service connections; or

(

b) the construction of curbs, gutters, sidewalks, or streets or the upgrading or paving of streets

the council may assess the cost, or a portion of the cost, together with financing charges, to be known as "the local improvement assessment", upon that real property.

1988 c35 s167

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Method

(1)Local improvement assessments made under

section 167 shall be assessed according to the frontage of the real property abutting the streets directly benefited by the public work.

(2) The amount of the local improvement assessment against each portion of real property shall bear the same ratio to the total cost of the public work, together with financing charges, as the frontage of that portion bears to the aggregate of the frontages to be assessed.

(3) Where the portion of real property to be assessed is a corner lot or an irregularly shaped lot, the council may consider the length of frontage for local improvement assessment purposes to be more or less than the actual frontage directly benefited by the public work.

1988 c35 s168

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Agricultural land

The council may defer the payment of all or a portion of a local improvement assessment on productive agricultural land while that land continues to be used for these purposes.

1988 c35 s169

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Non- discriminatory

Where the council decides to impose a local improvement assessment under

section 167, it shall impose an assessment on other portions of real property similarly benefited by a public work of the council.

1988 c35 s170

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Payment

A local improvement assessment imposed under

section 167 and a service levy imposed under

section 173 shall be paid by the owner of real property at the time and in the manner which the council may determine.

1999 c38 s30

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Lien

(1)Arrears in instalments of a local improvement assessment attach to the real property assessed for a period not exceeding 6 years from the date they become or are considered to be in arrears, except where the real property is sold for taxes or arrears in an assessment or service levy.

(2) The lien described in subsection (1) is considered to be a 1st mortgage on the real property ranking in priority to all other encumbrances on the real property and the council may proceed to discharge the lien by foreclosure or by sale under the Conveyancing Act.

1988 c35 s172

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Service levy

Where real property is made capable of being developed, or the density of the potential development is increased, by a public work, on or off the real property, of the council designed to develop municipal services or expand the capacity of municipal services, or where the value of real property is enhanced by an action of the council, the council may impose a charge to be known as "the service levy" on that real property.

1988 c35 s173

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Restriction on levy

A service levy shall not exceed the cost, or estimated cost, including finance charges to the city of constructing or improving the public work referred to in

section 173 that are necessary for the real property to be developed in accordance with the standards required by the council and are permitted on that real property.

1988 c35 s174

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Method

A service levy shall be assessed on the real property based on

(

a) the amount of real property benefited by the public work related to all the real property so benefited; and

(

b) the density of development made capable or increased by the public work.

1988 c35 s175

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Rep. by 1999 c38 s31

[Rep. by 1999 c38 s31]

1999 c38 s31]

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Lien

(1)A service levy attaches to the real property in respect of which it has been made for a period not exceeding 6 years from the date when it was due except where the real property is sold for taxes, arrears in an assessment, or arrears of a service levy.

1988 c35 s177

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Collection as civil debt

Arrears of instalments of a local improvement assessment, or arrears in a service levy may be collected in addition to the other methods of collection provided for in this Act by action in the name of the council as a civil debt due to the council.

1988 c35 s178

PART VI

SERVICES

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Water and sewage systems

(1)The council may, subject to the Water Resources Act

and regulations made under that Act, construct, acquire, establish, own and operate

(

a) a public water supply system for the distribution of water within or, with the approval of the minister, outside of the city;

(

b) a public sewage system, either independently of or in conjunction with a public water supply system, for the collection and disposal of sewage within or, with the approval of the minister, outside of the city; and

(

c) a storm drainage system within or, with the approval of the minister, outside of the city.

(2) For the purposes of subsection (1) the council may

(

a) acquire waters required for the purpose of providing a sufficient supply of water for the city; and

(

b) acquire by purchase or expropriation lands adjacent to the waters to prevent pollution of those waters.

(3) For the purpose of exercising its powers under subsection (1) the council may lay out, excavate, dig, make, build, maintain, repair and improve all the drains, sewers, and water supply pipes that the Council considers necessary.

1988 c35 s179; 2002 cW-4.01 s97

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Nuisance

179.1

The city and the council are not liable for a nuisance.

1996 c21 s2

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Acquisition of private system

(1)The council may acquire and take possession of a drain, sewer, or water supply pipes, machinery and plant constructed by a person, upon the terms as to compensation to a person having an interest or right as owner or otherwise in the drain, sewer, or water supply pipes, machinery or plant that may be agreed between the council and that person.

(2) Where an agreement cannot be made under subsection (1), the compensation shall be determined and paid in accordance with the expropriation provisions of this Act.

1988 c35 s180

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Right of entry to survey

The employees or agents of the council authorized by the council may enter upon real property and at reasonable times into the buildings and structures on the property, whether publicly or privately owned, to do all things necessary for the purpose of making surveys or examinations or obtaining information relative to the construction, alteration, repair, maintenance or inspection of a water supply system, sewage system, storm drainage system or other works that the council is empowered to undertake or to control in the city.

1988 c35 s181

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Right of entry to construct

The employees or agents of the council may enter upon all real property, whether publicly or privately owned, and at reasonable times enter into the buildings or structures on the property for the purpose of carrying into effect the work and system of water supply, sewage and storm drainage or other works that the council is empowered to undertake or control in the city.

1988 c35 s182

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Right to construct

(1)The council may

(

a) break up, dig, excavate and open up roads, or real property, whether publicly or privately owned that may be necessary to operate, construct, maintain, repair or improve a system described in

section 179;

(

b) pass and repass and carry material over the roads or real property described in paragraph (a); and

(

c) lay down pipes, drains and other components of systems described in

section 179 upon or in the lands described in paragraph (a).

(2) Notwithstanding subsection (1), the council shall not enter upon, break up or otherwise interfere with a main or secondary highway without the written consent of the Minister of Works, Services and Transportation.

1988 c35 s183

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Reasonable notice to owner

Before engaging in an activity authorized by

section 182 or 183 on private property, the council shall give the owner of the property reasonable notice that it intends to engage in that activity.

1988 c35 s184

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Diversion of watercourses

(1)Subject to the Water Resources Act

and regulations made under that Act, the council may alter or divert a watercourse, whether publicly or privately owned, within the city for the purpose of improvement of a watercourse or of the water supply or of the removal of the sewage of the city or for storm drainage purposes, or for the purpose of carrying out a development, and may remove impure or offensive soil, lay pipes, construct drains, grade surrounding land, change the directions of or fill up the watercourse, as the council considers necessary.

(2) The council may for the purposes of subsection (1) enter upon all lands within the city and dig and excavate upon the lands and go under all buildings and structures that may be erected on the lands, and may require the owner or occupier of all buildings and structures upon the lands to make alterations in the walls, cellars and other portions of the buildings and structures that may be necessary for those purposes.

1988 c35 s185; 2002 cW-4.01 s97

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Compensation for injurious affection

The council shall compensate a person injuriously affected by anything done under sections 182 to 185 in the sum that may be agreed, and where an agreement cannot be made, the compensation shall be determined and paid in accordance with the expropriation provisions of this Act as if the injurious affection had been caused by expropriation.

1988 c35 s186

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Regulations

(1)The council may make regulations respecting the control and management of the water and sewage systems, or either of them, and storm drainage systems and the water catchment area, and may also make regulations

(

a) in accordance with the Water Resources Act

and regulations made under that Act to prevent the pollution of waters, within or outside the city, used by or in the possession of the council for the provision of the city water supply or necessary for the future use of the city, and may make regulations prohibiting, restricting or making subject to the approval of the council

(

i) the cutting of timber, or

(ii)

the erection or establishment of a building, structure or work

on, in, over or under a land or water within the water catchment area providing the city water supply, whether the watershed is wholly or partially within or outside the boundaries of the city;

(

b) prescribing the specifications and quality of materials to be used to connect drains, sewers and water supply pipes to a building;

(

c) for the protection of drains, sewers, and water supply pipes and for keeping them free from obstruction;

(

d) requiring the owner or occupier, or both, of a building or part of a building that is within the boundaries of the city and within 60 metres, or a greater distance that may be prescribed in the regulations, of a public water supply system or a public sewage system to connect the building or other premises or part of them to the system;

(

e) providing that the connection of a building or part of it to a public water supply system, a public sewage system or a storm drainage system in accordance with regulations made under paragraph (

d) shall be done wholly or partly at the expense of the council or the owner or occupier of the building or part of the building or partly at the expense of both;

(

f) prohibiting the connecting of sewers, drains and water supply pipes to a building by a person other than an employee of or other person engaged by the council for the purpose;

(

g) prescribing the conditions under which the council will permit a person other than an employee of or othe

Document details

Collection	Newfoundland and Labrador — Consolidated Statutes
Citation	S.N.L. 1990, c. C-16
Type	statute
Volume / chapter	c16
Language	en
Format	htm
Source	PROVINCIAL
Identifier	74fb995c52e358654c082e953b030eb5a1d6f775

Source file is stored in the law ingest library (htm).