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Acts and Regulations

2017-3 - Rural Community of Haut-Madawaska

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Revoked on 1 January 2023

NEW BRUNSWICK

REGULATION 2017-3

under the

Municipalities Act

(O.C. 2017-52)

Filed March 20, 2017

Under sections 15.1 and 190.072 of the Municipalities Act, on the recommendation of the Minister, the Lieutenant-Governor in Council makes the following Regulation:

Repealed: 2022-50

Citation

1This Regulation may be cited as the Rural Community of Haut-Madawaska Regulation – Municipalities Act.

Definition of “Act”

2In this Regulation, “Act” means the Municipalities Act.

Incorporation of Haut-Madawaska

3 Baker-Brook, Clair, the Village of Saint-François de Madawaska and the Village de St. Hilaire are dissolved and the area comprising the former villages of Baker-Brook, Clair, the Village of Saint-François de Madawaska and the Village de St. Hilaire and the local service districts of the parish of Baker Brook, the parish of Clair, the parish of Lac Baker, the parish of Saint-François, the parish of Saint-Hilaire and a portion of the local service district of the parish of Madawaska are incorporated as a rural community and the name of the rural community is Haut-Madawaska.

Territorial limits of Haut-Madawaska

4The territorial limits of Haut-Madawaska are shown on the plan attached as Schedule A.

Body corporate

5The inhabitants of the area shown on the plan attached as Schedule A are a body corporate called Haut-Madawaska.

Effective date of incorporation

6The effective date of the incorporation of Haut-Madawaska as a rural community is July 1, 2017.

Assets and liabilities of former villages

7As of July 1, 2017, the assets and liabilities of the former villages referred to in section 3 are assets and liabilities of the rural community of Haut-Madawaska, and Haut-Madawaska for all purposes stands in the place and stead of the former villages.

Assets and liabilities of former local service districts or part of local service district

8The assets acquired and liabilities incurred by the Minister in connection with the provision of services by the Minister to the former local service districts or the former part of the local service district referred to in section 3 shall, on the incorporation of Haut-Madawaska, become assets and liabilities of the rural community of Haut-Madawaska.

By-laws of former villages

9The dissolution of the former villages referred to in section 3 does not affect the by-laws in force in the former villages, and the by-laws continue to apply to that portion of the rural community of Haut-Madawaska that comprised the former villages until repealed by the rural community council of the rural community of Haut-Madawaska.

Services in former villages

10(1)Subject to subsection (2), the dissolution of the former villages referred to in section 3 does not affect the delivery of the following services which were provided in the former villages, and the rural community of Haut-Madawaska shall continue to provide these services in that portion of the rural community of Haut-Madawaska that comprised the former villages:

(a) drainage;

(b) fire protection;

(d) garbage and refuse collection and disposal;

(e) sewerage;

(f) sidewalks;

(g) roads and streets;

(h) regulation of traffic;

(i) street lighting;

(j) water;

(k) parks;

(l) community services;

(m) tourist promotion and development;

(n) industrial development and promotion;

(o) urban development and urban renewal;

(p) land assembly;

(q) recreational and sports facilities;

(r) recreational and sports programs;

(s) services provided by or through a regional service commission;

(t) police protection; and

(u) housing services.

10(2)The rural community of Haut-Madawaska may discontinue the provision of a service referred to in subsection (1) in accordance with section 28 of the Rural Community Administration Regulation –Municipalities Act.

First election

11(1)For the purpose of the first election in Haut-Madawaska,

(a) the notice of election shall be published no later than April 7, 2017,

(b) the nomination of candidates shall close at 2 p.m. on April 21, 2017,

(d) the taking of the oath of office and the first meeting of the rural community council shall be held on June 5, 2017.

11(2)Despite paragraph (1)(d), if a quorum of the rural community council cannot be constituted on June 5, 2017, as a result of a petition requesting a recount under section 42 of the Municipal Elections Act, the taking of the oath of office and the first meeting of the rural community council shall be held within ten days after the candidates have been declared elected under the Municipal Elections Act.

Council composition

12The rural community council of Haut-Madawaska shall be composed of the following nine members:

(a) the rural community mayor elected at large;

(b) two rural community councillors elected from each ward referred to in section 13.

Wards

13The territorial limits of Haut-Madawaska are divided into Ward 1, Ward 2, Ward 3 and Ward 4, each of which is shown on the plan attached as Schedule A.

Service provided by Minister

14The service of police protection is prescribed as a service to be provided by the Minister for that portion of Haut-Madawaska that comprised the former local service districts or the former part of the local service district referred to in section 3, as shown on the plan attached as Schedule A.

Land use planning

15The service of land use planning is prescribed as a service that shall be provided by Haut-Madawaska throughout the entire rural community.

Regulations under the Community Planning Act

16(1)Repealed: 2021-10

16(2)On the incorporation of Haut-Madawaska, the Provincial Subdivision Regulation – Community Planning Act applies to that portion of the rural community that comprised the former local service districts or the former part of the local service district referred to in section 3 until the rural community enacts a subdivision by-law under section 74 of the Community Planning Act that is applicable to that portion of the rural community

2021-10

Borrowing authority

17Despite any provision of the Act or the Municipal Capital Borrowing Act, on July 1, 2017, any outstanding authority of the former villages referred to in section 3 to borrow money granted and approved under the Municipal Capital Borrowing Act shall continue in the name of the rural community of Haut-Madawaska.

Community funding and equalization grant

18Despite any provision of the Act or the Community Funding Act, after July 1, 2017, the Minister shall pay or credit, as the case may be, to the rural community of Haut-Madawaska all amounts under the Community Funding Act that are owed to or owed to the credit of the former villages and local service districts or part of local service district referred to in section 3.

SCHEDULE A