Certified correct as amended in Committee of the Whole on the
7th day of May, 2003
Ian D. Izard, Law Clerk
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Part 1 – Principles, Purposes and Interpretation |
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1 | Principles of municipal governance |
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2 | Principles of municipal-provincial relations |
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3 | Purposes of Act |
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4 | Broad interpretation |
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5 | Definitions and other interpretation rules |
Part 2 – Municipal Purposes and Powers |
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Division 1 – Purposes and Fundamental Powers |
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6 | Municipalities and their councils |
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7 | Municipal purposes |
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8 | Fundamental powers |
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9 | Spheres of concurrent authority |
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Division 2 – Scope of Jurisdiction |
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10 | Relationship with Provincial laws |
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11 | Area of jurisdiction |
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Division 3 – Ancillary Powers |
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12 | Authority to establish variations, terms and conditions |
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13 | Services outside municipality |
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14 | Intermunicipal service, regulatory and other schemes |
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15 | Licensing and standards authority |
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16 | Authority to enter on or into property |
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17 | Municipal action at defaulter's expense |
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18 | Authority to discontinue providing a service |
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19 | Requirements for security to be paid to municipality |
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20 | Emergency powers |
Part 3 – Additional Powers and Limits on Powers |
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Division 1 – Partnering and Other Agreements |
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21 | Partnering agreements |
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22 | Agreements granting exclusive or limited franchises |
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23 | Agreements with other public authorities |
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Division 2 – Restrictions on Providing Assistance |
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24 | Publication of intention to provide certain kinds of assistance |
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25 | General prohibition against assistance to business and exceptions |
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Division 3 – Municipal Property |
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26 | Notice of proposed property disposition |
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27 | Exchange or other disposal of park land |
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28 | Disposal of water systems, sewage systems and other utilities |
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29 | Municipal ownership of subdivision park land |
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30 | Reservation and dedication of municipal property |
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Division 4 – Expropriation and Compensation |
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31 | General expropriation power |
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32 | Authority to enter on and use property |
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33 | Compensation for expropriation and other actions |
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34 | Appropriation of stream channel or bed without compensation |
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Division 5 – Highways |
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35 | Ownership and possession of highways |
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36 | General authority in relation to highways |
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37 | Intermunicipal boundary highways |
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38 | Temporary traffic restriction and traffic control |
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39 | Additional powers in relation to highways |
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40 | Permanent closure and removal of highway dedication |
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41 | Restrictions in relation to highway disposition, closure or alteration |
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42 | Agreements respecting compensation for extraordinary traffic |
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43 | Agreements respecting municipal equipment on utility poles |
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44 | Agreements to reserve land for highway purposes |
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45 | Highway construction and dikes |
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46 | Use of highways and public places |
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Division 6 – Animal Control |
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47 | Classes of animals |
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48 | Seizure and related powers |
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49 | Special powers in relation to dangerous dogs |
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Division 7 – Authority in relation to Trees |
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50 | Restrictions in relation to authority |
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51 | Compensation not payable |
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52 | Right to reconsideration by council |
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Division 8 – Building Regulation |
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53 | General authority in relation to buildings and other structures |
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54 | Building permits and occupancy permits |
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55 | Requirement for professional certification |
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56 | Requirement for geotechnical report |
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57 | Note against land title that building regulations contravened |
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58 | Cancellation of note against land title |
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Division 9 – Business Regulation |
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59 | Powers to require and prohibit |
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60 | Business licence authority |
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61 | Restriction on authority to require examination or certification |
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Division 10 – Other Spheres |
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62 | Public place powers |
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63 | Protection of persons and property |
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64 | Nuisances, disturbances and other objectionable situations |
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65 | Signs and other advertising |
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Division 11 – Other Powers |
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66 | Fire chief powers |
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67 | Disposal of property in police possession |
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68 | Restriction on authority to fluoridate |
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69 | Specific authority in relation to drainage, sewage and dikes |
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70 | Drainage control |
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71 | Orders and awards respecting drainage or reclamation works |
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Division 12 – Remedial Action Requirements |
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72 | Council may impose remedial action requirements |
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73 | Hazardous conditions |
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74 | Declared nuisances |
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75 | Harm to drainage or dike |
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76 | Time limit for compliance |
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77 | Notice to affected persons |
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78 | Person affected may request reconsideration by council |
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79 | Shorter time limits in urgent circumstances |
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80 | Recovery of municipal costs through sale of property |
Part 4 – Public Participation and Council Accountability |
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Division 1 – Elections, Petitions and Community Opinion |
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81 | Election proceedings |
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82 | Petitions to council |
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83 | Council may seek community opinion |
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Division 2 – Approval of the Electors |
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84 | Approval of the electors |
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85 | Assent of the electors |
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86 | Alternative approval process |
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87 | Matters requiring approval or assent may be combined |
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88 | Agreements requiring approval or assent |
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Division 3 – Open Meetings |
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89 | General rule that meetings must be open to the public |
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90 | Meetings that may or must be closed to the public |
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91 | Other persons attending closed meetings |
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92 | Requirements before meeting is closed |
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93 | Application of rules to other bodies |
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Division 4 – Public Notice and Access to Records
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94 | Requirements for public notice |
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95 | Public access to municipal records |
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96 | Agreements that require elector approval or assent |
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97 | Other records to which public access must be provided |
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Division 5 – Reporting |
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98 | Annual municipal report |
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99 | Annual meeting on report |
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Division 6 – Conflict of Interest |
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100 | Disclosure of conflict |
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101 | Restrictions on participation if in conflict |
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102 | Restrictions on inside influence |
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103 | Restrictions on outside influence |
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104 | Exceptions from conflict restrictions |
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105 | Restrictions on accepting gifts |
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106 | Disclosure of gifts |
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107 | Disclosure of contracts with council members and former council members |
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108 | Restrictions on use of insider information |
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109 | Court order for person to give up financial gain |
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Division 7 – Disqualification |
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110 | Circumstances in which a person is disqualified from office on council |
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111 | Application to court for declaration of disqualification |
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112 | Status of a person subject to an application |
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113 | Costs of an application |
Part 5 – Municipal Government and Procedures |
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Division 1 – Council Roles and Responsibilities |
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114 | Council as governing body |
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115 | Responsibilities of council members |
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116 | Responsibilities of mayor |
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117 | Duty to respect confidentiality |
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118 | Size of council |
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119 | Term of office for council members |
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120 | Oath or affirmation of office |
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121 | Resignation from office |
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Division 2 – Council Proceedings |
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122 | Exercise of powers by bylaw or resolution |
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123 | General voting rules |
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124 | Procedure bylaws |
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125 | Council meetings |
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126 | Calling of special council meetings |
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127 | Notice of council meetings |
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128 | Electronic meetings and participation by members |
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129 | Quorum for conducting business |
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130 | Designation of member to act in place of mayor |
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131 | Mayor may require council reconsideration of matter |
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132 | Authority of presiding member |
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133 | Expulsion from meetings |
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134 | Authority to compel witnesses |
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Division 3 – Bylaw Procedures |
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135 | Requirements for passing bylaws |
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136 | When a bylaw comes into force |
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137 | Power to amend or repeal |
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138 | Municipal codes and other general bylaws |
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139 | Consolidation of bylaws |
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140 | Revision of bylaws |
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Division 4 – Committees, Commissions and Other Bodies |
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141 | Standing committees of council |
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142 | Select committees of council |
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143 | Municipal commissions |
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144 | Authority to rescind appointment |
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145 | Application of procedure rules to other bodies |
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Division 5 – Officers and Employees |
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146 | Officer positions |
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147 | Chief administrative officer |
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148 | Corporate officer |
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149 | Financial officer |
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150 | General employment matters |
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151 | Suspension of officers and employees |
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152 | Termination of officers |
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153 | Prohibition against interfering with municipal officers and employees |
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Division 6 – Delegation |
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154 | Delegation of council authority |
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155 | Special rules respecting delegation of hearings and other proceedings |
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156 | Reconsideration of delegate's decisions |
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Division 7 – Other Matters |
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157 | Municipal days of recognition |
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158 | Freedom of the municipality |
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159 | Notice to municipality |
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160 | Notice by municipality: obligation satisfied if reasonable effort made |
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161 | Court order allowing substituted service |
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162 | Certified copies of municipal records |
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163 | Evidence of municipal bylaws and other records |
Part 6 – Financial Management |
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Division 1 – Financial Planning and Accountability |
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164 | Fiscal year |
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165 | Financial plan |
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166 | Public process for development of financial plan |
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167 | Annual financial statements |
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168 | Reporting of council remuneration, expenses and contracts |
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Division 2 – Audit |
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169 | Municipal auditor |
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170 | Audit committee |
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171 | Auditor's reports |
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172 | Complaints to council or auditor about financial affairs |
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Division 3 – Expenditures, Liabilities and Investments |
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173 | Limit on expenditures |
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174 | Limit on borrowing and other liabilities |
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175 | Liabilities under agreements |
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176 | Liabilities imposed under prescribed enactments |
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177 | Revenue anticipation borrowing |
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178 | Short term capital borrowing |
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179 | Loan authorization bylaws for long term borrowing |
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180 | Elector approval required for some loan authorization bylaws |
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181 | Temporary borrowing under loan authorization bylaw |
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182 | Municipal financing through regional district |
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183 | Investment of municipal funds |
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184 | Property accepted in trust |
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185 | Ownership of corporations |
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186 | Self insurance |
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187 | Indemnification against proceedings |
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Division 4 – Reserve Funds |
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188 | Establishment of reserve funds |
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189 | Use of money in reserve funds |
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Division 5 – Restrictions on Use of Municipal Funds |
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190 | Purposes for which borrowed money may be used |
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191 | Liabilities for use of money contrary to Act |
Part 7 – Municipal Revenue |
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Division 1 – General |
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192 | General revenue sources |
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193 | Authority for fees and taxes |
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Division 2 – Fees |
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194 | Municipal fees |
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195 | Fees in relation to soil removal and deposit |
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196 | Fees in relation to fire and security alarm systems |
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Division 3 – Property Value Taxes |
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197 | Annual property tax bylaw |
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198 | Assessment averaging and phasing options |
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199 | Property tax rates regulations |
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Division 4 – Parcel Taxes |
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200 | Parcel tax bylaw |
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201 | Property subject to parcel tax |
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202 | Parcel tax roll for purpose of imposing tax |
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203 | Content of parcel tax roll |
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204 | Parcel tax roll review panel |
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205 | Review panel to hear complaints and make corrections |
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206 | Authentication of parcel tax roll |
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207 | Appeal to Supreme Court from review panel decision |
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208 | Updating the parcel tax roll |
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209 | Validity of parcel tax roll |
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Division 5 – Local Service Taxes |
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210 | Authority for local area services |
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211 | Requirements for establishing a local area service |
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212 | Petition for local area service |
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213 | Local area service on council initiative – subject to petition against |
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214 | Local area service on council initiative – subject to elector assent |
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215 | Business improvement areas |
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216 | Local service taxes |
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217 | Borrowing in relation to a local area service |
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218 | Enlargement or reduction of local service area |
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219 | Merging of local service areas |
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Division 6 – Statutory Exemptions |
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220 | General statutory exemptions |
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221 | Grandparented pollution abatement exemptions |
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222 | Phased farm property tax exemption |
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223 | Exemptions under regulations |
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Division 7 – Permissive Exemptions |
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224 | General authority for permissive exemptions |
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225 | Partnering, heritage, riparian and other special exemption authority |
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226 | Revitalization tax exemptions |
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227 | Notice of permissive tax exemptions |
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Division 8 – Tax Liability of Occupiers |
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228 | Taxation of Crown land used by others |
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229 | Taxation of municipal land used by others |
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230 | Taxation of occupier of exempt land |
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Division 9 – General Revenue Collection Authority |
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231 | Recovery of taxes and fees |
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232 | Collection agreements with other taxing authorities |
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Division 10 – Property Tax Due Dates and Tax Notices |
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233 | Options for tax due dates |
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234 | General tax collection scheme |
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235 | Alternative municipal tax collection scheme |
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236 | Owner may elect which scheme to use |
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237 | General tax notices |
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238 | Persons may request copies of tax notices |
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Division 11 – Adjustments to Taxes |
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239 | Interest on overpayment of taxes |
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240 | Adjustments for assessment changes |
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241 | Taxation based on supplementary roll |
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242 | Apportionment of property value taxes if land subdivided |
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243 | Apportionment of parcel taxes if land subdivided |
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Division 12 – Payment of Taxes |
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244 | Application of tax payments |
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245 | Taxes in arrear |
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246 | Delinquent taxes |
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247 | Treatment of outstanding taxes on subdivision or cancellation of subdivision |
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248 | Statement of outstanding taxes |
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249 | Certificate of outstanding taxes |
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Division 13 – Recovery of Taxes |
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250 | Taxes are a special charge on the land |
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251 | Liability of assessed owner |
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252 | Recovery of taxes by the legal remedy of distress |
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253 | Power to accept real property in place of taxes |
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254 | Tax sales |
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255 | Notice of delinquent taxes on Crown land |
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256 | Recovery of taxes on Crown land subject to an agreement for sale |
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257 | Recovery of taxes on Crown land held under lease or licence |
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Division 14 – Recovery of Special Fees |
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258 | Special fees may be collected as property taxes |
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259 | Special fees that are liens against property |
Part 8 – Bylaw Enforcement and Related Matters |
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Division 1 – Bylaw Enforcement |
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260 | Enforcement powers |
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261 | Payment of fines and other penalties to municipality |
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262 | Recovery of penalty by legal remedy of distress |
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Division 2 – Offence Act prosecutions |
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263 | Penalties in relation to Offence Act prosecutions |
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Division 3 – Ticketing for Bylaw Offences |
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264 | Ticket offences |
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265 | Penalties in relation to ticket offences |
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266 | Laying information and serving ticket |
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267 | Choice of paying fine or disputing ticket |
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268 | Effect of paying fine |
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269 | Hearing of dispute |
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270 | Failure to appear at hearing |
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271 | Failure to respond to ticket |
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272 | Time extensions if person not at fault in failing to respond or appear |
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273 | Regulations in relation to ticket offences |
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Division 4 – Enforcement by Civil Proceedings |
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274 | Actions by municipality |
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Division 5 – Other Matters |
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275 | Entry warrants |
Part 9 – Governmental Relations |
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Division 1 – Provincial-Municipal Relations |
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276 | Required consultations |
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277 | Consultation agreements |
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278 | Enforcement of obligations |
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279 | No forced amalgamations |
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Division 2 – Provincial Regulations |
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280 | Regulations providing exemptions from approval requirements |
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281 | Regulations providing additional powers and exceptions |
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282 | General regulation authority |
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283 | Variation authority |
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Division 3 – Dispute Resolution |
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284 | Request for assistance in relation to intergovernmental dispute |
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285 | Voluntary binding arbitration |
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286 | Mandatory binding arbitration |
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287 | Final proposal arbitration |
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288 | Full arbitration |
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289 | General provisions regarding arbitration process |
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290 | Implementation of arbitrator's decision |
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291 | Regulations respecting arbitrations |
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292 | Commencement |
Schedule – Definitions and Rules of Interpretation |
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1 | Definitions |
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2 | Application of Local Government Act definitions |
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3 | Special rule for Mountain Time Zone |
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4 | References to municipal officers |