Acts and Regulations

97-139 - Beaubassin Planning District

Full text
Revoked on 1 January 2013
NEW BRUNSWICK
REGULATION 97-139
under the
Community Planning Act
Filed December 16, 1997
Under subsection 5(2) of the Community Planning Act, the Minister makes the following Order:
1998, c.41, s.32
Repealed: 2012, c.44, s.5
1This Order may be cited as the Beaubassin Planning District Order - Community Planning Act.
2In this Order
“combined local service district tax base” means the amount that represents the total of the local service districts tax bases of the unincorporated area in the District;
“Commission” means the Beaubassin District Planning Commission continued under section 4;
“District” means the Beaubassin Planning District established under section 3;
“local service district tax base” means local service district tax base as defined in the Municipalities Act;
“Minister” Repealed: 1998, c.41, s.32
“municipal tax base” means municipal tax base as defined in the Municipalities Act;
“rural community tax base” means rural community tax base as defined in the Municipalities Act;
“total tax base” means the amount that represents the total of the combined local service tax base, the municipal tax base of Shediac, Cap-Pelé and Memramcook and the rural community tax base of Beaubassin East.(assiette fiscale totale)
1998, c.41, s.32; 2006-76; 2009-110
3(1)The Beaubassin Planning District is established.
3(2)The boundaries of the District are defined as follows:
Beginning at the point where the county line between the counties of Kent and Westmorland meets the parish line between the parishes of Shediac and Moncton; thence southeasterly along the said parish line to a point on the western boundary of the lot with NBGIC PID #70202213; thence southerly along the western boundary of the said lot and its prolongation to a point on the northern boundary of the lot with NBGIC PID #1057678; thence westerly along the northern boundary of the said lot to its northwestern corner; thence southerly along the western boundary of the lot with NBGIC PID #1057678 to a point on the northern boundary of the lot with NBGIC PID #1061563; thence easterly along the northern boundary of the said lot to its northeastern corner; thence southerly along the eastern boundary of the lot with NBGIC PID #1061563, crossing Canadian National Railway, to a point on the northeastern right-of-way of the Trans-Canada Highway (Route 2); thence southeasterly along the various courses of the said right-of-way to the southeastern corner of the lot with NBGIC PID #926030, said corner being also on the northern right-of-way of Route 132; thence southerly along a straight line, crossing Route 132, to the northeastern corner of the lot with NBGIC PID #927855; thence southwesterly along the northern, western and southern boundary of the said lot to a point on the northeastern right-of-way of the Trans-Canada Highway (Route 2), said point being also the southeastern corner of the said lot; thence southerly along the said right-of-way to a point on the parish line between the parishes of Moncton and Dorchester, said point being also on the northern boundary of the village of Memramcook; thence southwesterly along the said northern boundary of the village to a point on the boundary between the village of Memramcook and the town of Dieppe; thence southeasterly and southwesterly along the various courses of the said boundary between the village and the town to a point on the county line between the counties of Albert and Westmorland, said county line being the mid-point of the Petitcodiac River; thence southeasterly along the said county line to a point directly west of where the parish line between the parishes of Dorchester and Sackville meets the eastern banks or shores of Shepody Bay; thence easterly along a straight line to a point where the said parish line meets the eastern banks or shores of Shepody Bay; thence northwesterly along the said eastern banks or shores and continuing along the eastern banks or shores of the Memramcook River to a point on the southwesterly prolongation of the southern boundary of the lot with NBGIC PID #70105259, said point being also on the southern boundary of the village of Memramcook; thence northeasterly along the various courses of the village boundary to a point on the parish line between the parishes of Dorchester and Sackville; thence northerly along the said parish line to a point on the parish line between the parishes of Shediac and Sackville; thence northeasterly along the said parish line, crossing Route 933, to a point on the northwesterly prolongation of the western boundary of the lot with NBGIC PID #901769; thence southeasterly along the prolongation of the said western boundary to a point on the northern boundary of the lot with NBGIC PID #901926; thence southwesterly along the northern boundary of the said lot to its northwestern corner; thence southeasterly along the western boundary of the said lot to a point on the northwestern right-of-way of Route 940; thence northeasterly along the said right-of-way to a point on the northwesterly prolongation of the western boundary of the lot with NBGIC PID #901710; thence southeasterly along the prolongation of the western boundary of the said lot to its southwestern corner; thence northeasterly along the southern boundary of the lot with NBGIC PID #901710 to a point on the parish line between the parishes of Botsford and Sackville; thence southeasterly along the said parish line to a point on the northern banks or shores of the Gaspereau River; thence northeasterly along the various courses of the said northern banks or shores to a point on the western banks or shores of the unnamed brook flowing from Collins Lake; thence northeasterly along the various courses of the said western banks or shores of the said brook to a point on the southern banks or shores of Collins Lake; thence northwesterly along a straight line to a point where an unnamed brook meets the western banks or shores of Collins Lake; thence northerly along a straight line to a point on the most southerly point of the southeastern banks or shores of Niles Lake; thence northerly along the various courses of the said southeastern banks or shores to a point on the northern banks or shores of Niles Brook; thence northeasterly along the various courses of the said northern banks or shores, crossing Route 15 and Route 955, to a point on the western banks or shores of Fox Creek; thence northwesterly along the various courses of the said western banks or shores and continuing along the western banks or shores of the eastern arm of Shemogue Harbour to a point on the eastern right of way of the Comeau Shore Road; thence northeasterly along a straight line, crossing Shemogue Harbour, to the southern tip of Little Cape on the western banks or shores of Shemogue Harbour; thence northwesterly along the said western banks or shores and continuing along the western banks or shores of the Northumberland Strait to a point on the county line between the counties of Kent and Westmorland; thence southwesterly along the said county line to the place of beginning, including Shediac Island.
4(1)The Beaubassin District Planning Commission established under an Order Respecting the Beaubassin Planning District, May 30, 1981, is continued under the name Beaubassin Planning Commission as the district planning commission for the District.
4(2)The membership of the Commission is ten.
5(1)The members of the Commission shall be appointed as follows:
(a) by the councils of Shediac, Cap-Pelé, Memramcook, two each;
(b) by the rural community council of Beaubassin East, two; and
(c) by the Minister, two.
5(2)The terms of office of members of the Commission are as follows:
(a) of the members appointed by the Minister,
(i) one member shall be appointed a term of office expiring March 1, 1998, and
(ii) one member shall be appointed for a term of office expiring March 1, 2000,
(b) of the members appointed by the council of Shediac,
(i) one member shall be appointed for a term of office expiring March 1, 1998, and
(ii) one member shall be appointed for a term of office expiring March 1, 1999;
(c) of the members appointed by the council of Cap-Pelé
(i) one member shall be appointed for a term of office expiring March 1, 1998, and
(ii) one member shall be appointed for a term of office expiring March 1, 1999; and
(d) of the members appointed by the council of Memramcook
(i) one member shall be appointed for a term of office expiring March 1, 1999, and
(ii) one member shall be appointed for a term of office expiring March 1, 2000; and
(e) of the members appointed by the rural community council of Beaubassin East
(i) one member shall be appointed for a term of office expiring March 1, 1999, and
(ii) one member shall be appointed for a term of office expiring March 1, 2000.
5(3)A member of the Commission shall hold office at the pleasure of the Minister, council or rural community council that appointed the member.
5(4)If a member of the Commission dies, resigns, vacates or is removed from office, the Minister, council or rural community council that appointed the member shall appoint another person to replace that member, and that person shall hold office at the pleasure of the Minister, council or rural community council that appointed the member, as the case may be, for the remainder of the term of the member who is replaced.
5(5)On the expiration of the term of office of a member of the Commission, the Minister, council or rural community council that appointed the member shall reappoint the member whose term has expired or appoint a new member for a term of office expiring on the first day of March three years later.
2006-76; 2009-110
6The proportions in which funds are to be contributed to the Commission by the councils of Shediac, Cap-Pelé and Memramcook, by the rural community council of Beaubassin East and by the Minister for the unincorporated areas in the district to meet the expenses of the Commission shall be as follows:
(a) by the council of Shediac, in proportion to the percentage that the municipal tax base of Shediac for the previous year bears to the total tax base,
(b) by the council of Cap-Pelé, in proportion to the percentage that the municipal tax base of Cap-Pelé for the previous year bears to the total tax base,
(c) by the council of Memramcook, in proportion to the percentage that the municipal tax base of Memramcook for the previous year bears to the total tax base,
(c.1) by the rural community council of Beaubassin East, in proportion to the percentage that the rural community tax base of Beaubassin East for the previous year bears to the total tax base, and
(d) by the Minister, in proportion to the percentage that the combined local service district tax base for the previous year bears to the total tax base.
2006-76; 2009-110
7(1)All appointments of members of the Beaubassin District Planning Commission made before the commencement of this Regulation are revoked.
7(2)Subsection (1) does not apply to appointments made under subsections 5(1) and 5(2) of this Regulation before the commencement of this Regulation.
8All contracts, agreements and orders relating to allowances, fees, salaries, expenses, compensation and remuneration to be paid to members of the Beaubassin District Planning Commission whose appointments are revoked under section 7 are null and void.
9Notwithstanding the provisions of any contract, agreement or order, no allowance, fee, salary, expenses, compensation and remuneration shall be paid to a member of the Beaubassin District Planning Commission whose appointment is revoked under section 7.
10No action, application or other proceeding lies or shall be instituted against the Minister or the Crown in right of the Province as a result of the revocation of appointments under section 7.
11The Order Respecting the Beaubassin Planning District, which became effective May 30, 1981, is rescinded.
12This Regulation comes into force on January 1, 1998.
N.B. This Regulation is consolidated to January 1, 2013.