Acts and Regulations

2005-96 - Municipal Restructuring

Full text
NEW BRUNSWICK
REGULATION 2005-96
under the
Municipalities Act
(O.C. 2005-264)
Filed July 15, 2005
Under subsection 14(7) of the Municipalities Act, the Lieutenant-Governor in Council, on the recommendation of the Minister, makes the following Regulation:
Citation
1This Regulation may be cited as the Municipal Restructuring Regulation - Municipalities Act.
Definitions
2The following definitions apply in this Regulation.
“Act” means the Municipalities Act. (Loi)
“Municipal Electoral Officer” means the Municipal Electoral Officer under section 5 of the Municipal Elections Act. (directeur des élections municipales)
“plebiscite” means a plebiscite under subsection 4(9) or 5(9). (plébiscite)
“qualified resident” means a resident who is qualified to vote under the Elections Act. (résident ayant droit de vote)
2006-74; 2007-5
Annexation or decrement in a municipality
3The Lieutenant-Governor in Council may only annex a contiguous area to a municipality or decrease the territorial limits of a municipality under subsection 14(1) of the Act if there is sufficient local support for the action in the area affected by the proposed annexation or decrement.
Local support for annexation
4(1)If a contiguous area is proposed to be annexed to a municipality under subsection 14(1) of the Act, the Minister shall notify all qualified residents in the area affected by the annexation of the proposal.
4(2)The Minister shall determine the area affected by a proposed annexation.
4(3)The qualified residents of the area shall be provided with the notice under subsection (1) by publication in the area, by prominent posting in the area, by mail or by any combination of the three.
4(4)If there are fewer than 51 qualified residents in an area, the notice under subsection (1) shall require all qualified residents to advise the Minister in writing, within 15 days of receiving the notice, whether they agree or disagree with the proposed annexation.
4(5)If there are fewer than 3 qualified residents in an area, there is sufficient local support in the area for a proposed annexation if all of the qualified residents agree in writing with the proposal.
4(6)If there are fewer than 3 qualified residents in an area, a qualified resident who does not respond in writing as required by a notice under subsection (1) shall be deemed to have agreed with the proposed annexation.
4(7)If there are more than 2 but fewer than 51 qualified residents in an area, there is sufficient local support in the area for a proposed annexation if a majority of those who respond in writing to the notice under subsection (1) agree with the proposal.
4(8)If there are more than 2 but fewer than 51 qualified residents in an area and no qualified residents respond in writing as required by a notice under subsection (1), there shall be deemed to be sufficient local support in the area for the proposed annexation.
4(9)If there are more than 50 qualified residents in an area, the Minister shall order that a plebiscite of the qualified residents of the area be held to determine the level of local support in the area for a proposed annexation.
4(10)If there are more than 50 qualified residents in an area, there is sufficient local support in the area for a proposed annexation if a majority of those voting at a plebiscite held under subsection (9) vote in favour of the proposal.
2006-75; 2007-5
Local support for decrement
5(1)If the territorial limits of a municipality are proposed to be decreased under subsection 14(1) of the Act, the Minister shall notify all qualified residents in the area affected by the decrement of the proposal.
5(2)The Minister shall determine the area affected by a proposed decrement.
5(3)The qualified residents of the area shall be provided with the notice under subsection (1) by publication in the area, by prominent posting in the area, by mail or by any combination of the three.
5(4)If there are fewer than 51 qualified residents in an area, the notice under subsection (1) shall require all qualified residents to advise the Minister in writing, within 15 days of receiving the notice, whether they agree or disagree with the proposed decrement.
5(5)If there are fewer than 3 qualified residents in an area, there is sufficient local support in the area for a proposed decrement if all of the qualified residents agree in writing with the proposal.
5(6)If there are fewer than 3 qualified residents in an area, a qualified resident who does not respond in writing as required by a notice under subsection (1) shall be deemed to have agreed with the proposed decrement.
5(7)If there are more than 2 but fewer than 51 qualified residents in an area, there is sufficient local support in the area for a proposed decrement if a majority of those who respond in writing to the notice under subsection (1) agree with the proposal.
5(8)If there are more than 2 but fewer than 51 qualified residents in an area and no qualified residents respond in writing as required by a notice under subsection (1), there shall be deemed to be sufficient local support in the area for the proposed decrement.
5(9)If there are more than 50 qualified residents in an area, the Minister shall order that a plebiscite of the qualified residents of the area be held to determine the level of local support in the area for a proposed decrement.
5(10)If there are more than 50 qualified residents in an area, there is sufficient local support in the area for a proposed decrement if a majority of those voting at a plebiscite held under subsection (9) vote in favour of the proposal.
2006-75; 2007-5
Application of Municipal Elections Act
2006-74
5.1(1)Subject to subsections (2) to (6), if a plebiscite is to be held, the provisions of the Municipal Elections Act, other than provisions that are inconsistent with this Regulation, apply as if the plebiscite were held under paragraph 68(2)(a) of the Municipalities Act.
5.1(2)Section 46 of the Municipal Elections Act does not apply to a plebiscite.
5.1(3)The voters list to be used at a plebiscite shall be the latest voters list prepared for the area affected by the annexation or decrement.
5.1(4)Unless this Regulation or the context requires otherwise, references in provisions of the Municipal Elections Act or the regulations under it, as adopted under subsection (1), to “election” or “quadrennial election” shall be read as “plebiscite”.
5.1(5)If a plebiscite is to be held, the Minister shall provide the Municipal Electoral Officer with a certified copy of the question submitted to plebiscite.
5.1(6)Prior to the holding of a plebiscite, the Minister shall do the following:
(a) prepare a document setting out the following information:
(i) the question that is the subject of the plebiscite;
(ii) the projected cost, if any, of implementation of the plebiscite proposal; and
(iii) any other background information considered relevant by the Minister; and
(b) cause a notice of the holding of the plebiscite to be published in a newspaper published or having general circulation in the area affected by the proposal setting out the following information:
(i) the question that is the subject of the plebiscite; and
(ii) the place where a copy of the document referred to in paragraph (a) may be obtained.
2006-74
Commencement
6This Regulation comes into force on July 15, 2005.
N.B. This Regulation is consolidated to January 29, 2007.