<<SR_PageTitle>>

1Section 5 of New Brunswick Regulation 2005-95 under the Municipalities Act is amended

(a) in subsection (1) by striking out “in each village, rural community and local service district affected by the incorporation or restructuring” and substituting “in the areas affected by the incorporation or restructuring”;

(b) in subsection (2) by striking out “section 7 or 8” and substituting “section 7, 8 or 8.01”.

2The heading “Local support in a local service district” preceding section 8 of the Regulation is repealed and the following is substituted:

Local support in a local service district for an incorporation

3Section 8 of the Regulation is amended

(a) by repealing subsection (1) and substituting the following:

8(1)If a local service district will be affected by the incorporation of a rural community, the Minister shall notify all qualified residents of the local service district.

(b) in subsection (3) by striking out “with the proposed action” and substituting “with the proposed incorporation”;

(c) in subsection (4) by striking out “for a proposed action” and substituting “for a proposed incorporation”;

(d) in subsection (5) by striking out “with the proposed action” and substituting “with the proposed incorporation”;

(e) in subsection (6) by striking out “for a proposed action” and substituting “for a proposed incorporation”;

(f) in subsection (7) by striking out “for the proposed action” and substituting “for the proposed incorporation”;

(g) in subsection (8) by striking out “for a proposed action” and substituting “for a proposed incorporation”;

(h) by repealing subsection (9) and substituting the following:

8(9)If there are more than 50 qualified residents in a local service district, there is sufficient local support in the local service district for a proposed incorporation if a majority of those voting at a plebiscite held under subsection (8) vote in favour of the proposal.

4The Regulation is amended by adding after section 8 the following:

Local support in a local service district for a restructuring

8.01(1)If a local service district will be affected by the restructuring of a rural community, the Minister shall notify all qualified residents of the area affected.

8.01(2)The Minister shall determine the area affected by a proposed restructuring.

8.01(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.

8.01(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 restructuring.

8.01(5)If there are fewer than 3 qualified residents in an area, there is sufficient local support in the area for a proposed restructuring if all of the qualified residents agree in writing with the proposal.

8.01(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 restructuring.

8.01(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 restructuring if a majority of those who respond in writing to the notice under subsection (1) agree with the proposal.

8.01(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 restructuring.

8.01(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 restructuring.

8.01(10)If there are more than 50 qualified residents in an area, there is sufficient local support in the area for a proposed restructuring if a majority of those voting at a plebiscite held under subsection (9) vote in favour of the proposal.

5Section 8.1 of the Regulation is amended

(a) in subsection (1) by striking out “subsection 8(8)” and substituting “subsection 8(8) or 8.01(9)”;

(b) in subsection (2) by striking out “subsection 8(8)” and substituting “subsection 8(8) or 8.01(9)”;

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

8.1(3)The voters list to be used at a plebiscite held under subsection 8(8) or 8.01(9) shall be the latest voters list prepared for the area affected by the incorporation or restructuring, as the case may be.

(d) in subsection (5) by striking out “subsection 8(8)” and substituting “subsection 8(8) or 8.01(9)”;

(e) in subsection (6)

(i) in the portion preceding paragraph (a) by striking out “subsection 8(8)” and substituting “subsection 8(8) or 8.01(9)”;

(ii) in paragraph (b) by striking out “the local service district” and substituting “the area affected by the proposal”.

2009-73 - Municipalities Act

Copy to Clipboard