Acts and Regulations

2013-23 - Municipalities Act

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NEW BRUNSWICK
REGULATION 2013-23
under the
Municipalities Act
(O.C. 2013-84)
Filed March 20, 2013
1The enacting clause preceding section 1 of New Brunswick Regulation 2005-95 under the Municipalities Act is repealed and the following is substituted:
Under subsections 15.1(6) and 190.071(1) of the Municipalities Act, the Lieutenant-Governor in Council, on the recommendation of the Minister, makes the following Regulation:
2The Regulation is amended by adding after section 2 the following:
Areas affected
2.1For the purposes of this Regulation, with respect to local service districts, an area affected by an incorporation or restructuring of a rural community may include one of or a combination of the following:
(a) a local service district;
(b) a portion of a local service district; or
(c) a group of local service districts.
3Section 3 of the Regulation is repealed and the following is substituted:
Initiating an incorporation
3(1)The Minister may carry out a study to determine the feasibility of incorporating an area as a rural community if
(a) twenty-five or more qualified residents from each local service district in the area petition the Minister to carry out a study to determine the feasibility of incorporating the area as a rural community, and
(b) the area includes a town or village and the council of the town or village petitions the Minister to carry out a study to determine the feasibility of incorporating the town or village as part of the rural community.
3(2)The Minister may carry out a study to determine the feasibility of incorporating a town or village as a rural community if the council of the town or village petitions the Minister to do so.
3(3)The Minister may carry out a study to determine the feasibility of incorporating an area, including a town or village, as a rural community if the Minister considers that the incorporation ought to be explored.
4Section 4 of the Regulation is amended
(a) in paragraph (1)(d) by striking out “villages” and substituting “towns or villages”;
(b) by repealing subsection (2) and substituting the following:
4(2)The Minister may carry out a study to determine the feasibility of restructuring a rural community if
(a) the rural community council of each rural community in an area petitions the Minister to carry out a study to determine the feasibility of restructuring the rural community,
(b) twenty-five or more qualified residents from each local service district in an area petition the Minister to carry out a study to determine the feasibility of restructuring the rural community, and
(c) the council of each town or village in an area petitions the Minister to carry out a study to determine the feasibility of restructuring the rural community.
5Paragraph 5(3)(c) of the Regulation is amended by striking out “and villages” and substituting “, towns and villages”.
6Section 6 of the Regulation is repealed and the following is substituted:
6(1)After the Minister has completed a feasibility study under section 3 or 4, the Minister shall determine if there is sufficient local support for the incorporation or restructuring in the areas that will be affected by the incorporation or restructuring.
6(2)For the purposes of subsection (1), the Minister shall determine the areas affected by a proposed incorporation or restructuring of a rural community.
7The heading “Local support in a village or rural community” preceding section 7 of the Regulation is repealed and the following is substituted:
Local support in a town, village or rural community
8Section 7 of the Regulation is repealed and the following is substituted:
7There is sufficient local support for the incorporation or restructuring of a rural community
(a) in a town, if the council of the town passes a resolution supporting the incorporation or restructuring,
(b) in a village, if the council of the village passes a resolution supporting the incorporation or restructuring, and
(c) in a rural community, if the rural community council passes a resolution supporting the incorporation or restructuring.
9Section 8 of the Regulation is repealed and the following is substituted:
Local support in a local service district for an incorporation
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 area affected.
8(2)The qualified residents of an area affected 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(3)If there are fewer than 51 qualified residents in an area affected, 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 incorporation.
8(4)If there are fewer than three qualified residents in an area affected, there is sufficient local support in the area for a proposed incorporation if all of the qualified residents agree in writing with the proposal.
8(5)If there are fewer than three qualified residents in an area affected, 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 incorporation.
8(6)If there are more than two but fewer than 51 qualified residents in an area affected, there is sufficient local support in the area for a proposed incorporation if a majority of those who respond in writing to the notice under subsection (1) agree with the proposal.
8(7)If there are more than two but fewer than 51 qualified residents in an area affected 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 incorporation.
8(8)If there are more than 50 qualified residents in an area affected, 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 incorporation.
8(9)If there are more than 50 qualified residents in an area affected, there is sufficient local support in the area for a proposed incorporation if a majority of those voting at a plebiscite held under subsection (8) vote in favour of the proposal.
10Section 8.01 of the Regulation is amended
(a) by repealing subsection (2);
(b) in subsection (3) by striking out “of the area” and substituting “of the area affected”;
(c) in subsection (4) by striking out “in an area” and substituting “in an area affected”;
(d) in subsection (5) by striking out “in an area” and substituting “in an area affected”;
(e) in subsection (6) by striking out “in an area” and substituting “in an area affected”;
(f) in subsection (7) by striking out “in an area” and substituting “in an area affected”;
(g) in subsection (8) by striking out “in an area” and substituting “in an area affected”;
(h) in subsection (9) by striking out “in an area” and substituting “in an area affected”;
(i) in subsection (10) by striking out “in an area” and substituting “in an area affected”.