Acts and Regulations

E-1.111 - Edmundston Act, 1998

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Repealed on 1 January 2023
CHAPTER E-1.111
Edmundston Act, 1998
Assented to February 26, 1998
Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:
Repealed: 2021, c.44, s.56
INTERPRETATION
Definitions
1(1)In this Act
“affected municipality” means an existing municipality whose boundaries are affected by an amalgamation and annexation under section 2;(municipalité touchée)
“former municipality” means a municipality that is amalgamated under section 2 effective May 25, 1998;(ancienne municipalité)
“Minister” means the Minister of Local Government and Local Governance Reform and includes any person designated by the Minister to act on the Minister’s behalf;(Ministre)
“quorum” Repealed: 2018, c.9, s.1
“user-charge” means user charge as defined under subsection 1(1) of the Local Governance Act. (redevance d’usage)
1(2)The city of Edmundston continued under subsection 2(1) is a municipality as defined in subsection 1(1) of the Local Governance Act and the Local Governance Act applies to Edmundston except where provided otherwise under this Act.
1(3)Repealed: 2018, c.9, s.1
1998, c.41, s.39; 2000, c.26, s.94; 2006, c.16, s.54; 2012, c.39, s.59; 2017, c.20, s.53; 2018, c.9, s.1; 2020, c.25, s.38
I
AMALGAMATION AND ANNEXATION
2(1)The city called Edmundston is continued.
2(2)The parcel of land identified as NB PID #35349224, being an area contiguous to Edmundston, is annexed to Edmundston and the new territorial limits of Edmundston are shown on the plan attached as Schedule A.
2(3)The effective date of the annexation is January 1, 2019.
2(4)The inhabitants of the area referred to in subsection (2) continue as Edmundston.
2017, c.20, s.53; 2018, c.9, s.2
Assets and liabilities
3Notwithstanding section 21 of the Municipalities Act, chapter M-22 of the Revised Statutes, 1973 but subject to sections 21 and 32, the assets and liabilities of the former municipalities of the city called City of Edmundston, the town called Saint-Basile, the village called Village de Saint-Jacques and the village called Village de Verret are, as of May 25, 1998, assets and liabilities of Edmundston and the new municipality of Edmundston for all purposes stands in the place and stead of the former municipalities of the city called City of Edmundston, the town called Saint-Basile, the village called Village de Saint-Jacques and the village called Village de Verret.
2017, c.20, s.53
By-laws of former municipalities
4(1)Notwithstanding section 20 of the Municipalities Act, chapter M-22 of the Revised Statutes, 1973, the amalgamation of the city called City of Edmundston, the town called Saint-Basile, the village called Village de Saint-Jacques and the village called Village de Verret does not affect the by-laws in force in each of these former municipalities made under
(a) the Off-Road Vehicle Act, the Business Improvement Areas Act, the Cemetery Companies Act, the Community Planning Act, the Motor Carrier Act, the Motor Vehicle Act, the Municipal Heritage Preservation Act, the Municipalities Act, chapter M-22 of the Revised Statutes, 1973, the Plumbing Installation and Inspection Act, the Police Act and the Telephone Companies Act, or
(b) a provision of any of the Acts repealed under section 36 in respect of which Edmundston has been given express by-law making authority under section 24,
and such by-laws remain in force in each of the former municipalities until repealed by the council of Edmundston.
4(2)The by-laws of the former municipality of the city called City of Edmundston apply to the areas annexed to Edmundston.
2003, c.7, s.32; 2017, c.20, s.53
FIRST COUNCIL
Repealed: 2018, c.9, s.3
2018, c.9, s.3
Application of the Municipal Elections Act
Repealed: 2018, c.9, s.4
2018, c.9, s.4
5Repealed: 2018, c.9, s.5
2018, c.9, s.5
Residency
Repealed: 2018, c.9, s.6
2018, c.9, s.6
6Repealed: 2018, c.9, s.7
2018, c.9, s.7
Eligibility of officer or employee
Repealed: 2018, c.9, s.8
2018, c.9, s.8
7Repealed: 2018, c.9, s.9
2018, c.9, s.9
Eligibility of member of council
Repealed: 2018, c.9, s.10
2018, c.9, s.10
8Repealed: 2018, c.9, s.11
2017, c.20, s.53; 2018, c.9, s.11
First election
Repealed: 2018, c.9, s.12
2018, c.9, s.12
9Repealed: 2018, c.9, s.13
2017, c.20, s.53; 2018, c.9, s.13
Wards
Repealed: 2018, c.9, s.14
2018, c.9, s.14
10Repealed: 2018, c.9, s.15
2018, c.9, s.15
Voting by wards
Repealed: 2018, c.9, s.16
2018, c.9, s.16
11Repealed: 2018, c.9, s.17
2018, c.9, s.17
Powers of council of affected municipality
Repealed: 2018, c.9, s.18
2018, c.9, s.18
12Repealed: 2018, c.9, s.19
2017, c.20, s.53; 2018, c.9, s.19
Powers of first council of Edmundston
Repealed: 2018, c.9, s.20
2018, c.9, s.20
13Repealed: 2018, c.9, s.21
2017, c.20, s.53; 2018, c.9, s.21
Remuneration of members of first council
Repealed: 2018, c.9, s.22
2018, c.9, s.22
14Repealed: 2018, c.9, s.23
2018, c.9, s.23
Provision of information
Repealed: 2018, c.9, s.24
2018, c.9, s.24
15Repealed: 2018, c.9, s.25
2018, c.9, s.25
Powers respecting orderly transition
Repealed: 2018, c.9, s.26
2018, c.9, s.26
16Repealed: 2018, c.9, s.27
2018, c.9, s.27
Acceptance of office
Repealed: 2018, c.9, s.28
2018, c.9, s.28
17Repealed: 2018, c.9, s.29
2018, c.9, s.29
Conflict of interest
Repealed: 2018, c.9, s.30
2018, c.9, s.30
18Repealed: 2018, c.9, s.31
2018, c.9, s.31
Second election
Repealed: 2018, c.9, s.32
2018, c.9, s.32
19Repealed: 2018, c.9, s.33
2017, c.20, s.53; 2018, c.9, s.33
II
PROVISION OF MUNICIPAL SERVICES
Electric power
20(1)Edmundston may
(a) continue to provide a system of electric lighting for the purpose of lighting streets, squares, grounds and buildings,
(b) continue to produce, generate, develop, create and transmit electricity,
(c) continue to manufacture, use, supply, hire, sell or dispose of electricity to persons or bodies corporate for power, heat and light, and
(d) distribute electricity and purchase, supply, sell and resell electric power to persons or bodies corporate.
20(2)In addition to those powers conferred by the Local Governance Act, Edmundston may
(a) subject to the Clean Water Act and any other applicable Act of the Legislature, construct, equip, erect and maintain such works and appliances as are necessary, including the construction, equipment, maintenance and operation of dams, wing dams, reservoirs, flumes, race and other ways, booms, sluiceways, waterways, aqueducts, canals, electric lines, machinery and appliances,
(b) erect, lay, maintain and use poles, wires, conductors, pipes, works, machinery and appliances for conveying electrical power over, along, through, across and under streets, and
(c) purchase, hold, acquire, exercise and enjoy all lands, properties and privileges necessary for or incidental to the above purposes and do and transact all business and do all things as are incidental and conducive to the continuance of the above objects.
20(3)For the purposes of the continuance and exercise of the purposes, objects and powers set out in subsection (1) and (2), the provision of electric power shall be deemed to be a municipal service that Edmundston is authorized to provide within the territorial limits of the municipality and of St Basile 10 (an Indian reserve under the Indian Act (Canada)), subject to the Clean Water Act, the Expropriation Act, the Municipal Capital Borrowing Act, the Electricity Act, Part 3 of the Energy and Utilities Board Act and all other applicable Acts of the Legislature, as a service under the Local Governance Act and in respect of which Edmundston is authorized to act under the Local Governance Act.
20(4)The council of Edmundston may for the purposes of this section appoint officers, define their duties and provide for their remuneration.
20(5)The provisions of section 117 of the Local Governance Act apply to the operation of the electric power service by Edmundston and every provision of section 117 shall be construed as applying to the operation of the electric power service in the same manner as it applies to the operation of a water or wastewater disposal service or utility.
20(6)The supply of electricity may be shut off and stopped for non-compliance with a by-law made in respect of electricity.
20(7)No action, application or other proceedings shall be instituted in relation to damages in respect of the shut off or stoppage of electricity under subsection (6).
20(8)No person or body corporate shall be entitled to damages or to have any portion of the payment of the rates or charges refunded for any shutting off or stoppage of electricity caused by fire or accident to the plant or works of Edmundston or for any shutting off or stoppage for the purpose of additions or repairs or for any shutting off or stoppage for the purpose of putting in or repairing any service wires or wires.
2003, c.E-4.6, s.164; 2006, c.E-9.18, s.97; 2013, c.7, s.155; 2017, c.20, s.53
Winding up
21When Edmundston ceases to provide an electric power service or utility, any proceeds from the sale of the assets, works, machinery, property or equipment held in respect of the electric power service or utility, shall
(a) firstly, be applied to the debts arising out of the provision of the electric power service or utility,
(b) secondly, be applied towards any outstanding debt of Edmundston.
2018, c.9, s.34
Water services
22(1)Edmundston may
(a) maintain and continue to operate each water service or utility that is in existence in the former municipalities on May 25, 1998, and
(b) continue the user-charge in place on the commencement of this section in relation to each water service or utility maintained under paragraph (a), and
(c) thereafter establish a different user-charge for each of the water services or utilities.
22(2)The council may, by by-law, provide that two or more of the water services or utilities referred to in paragraph (1)(a) shall be treated as a single service or utility for the purposes of paragraph (1)(c) and where a council has enacted such a by-law the services or utilities that are the subject-matter of the by-law shall not thereafter be treated as distinct services or utilities.
22(3)Edmundston may
(a) subject to the Clean Water Act and any other applicable Act of the Legislature, erect and maintain such works and dams, reservoirs and buildings as are necessary for the operation of the water service, and
(b) install and maintain hydrants within the territorial limits of the municipality and in areas contiguous to the municipality.
22(4)The supply of water may be shut off and stopped for non-compliance with a by-law made in respect of water.
22(5)No action, application or other proceedings shall be instituted in relation to damages in respect of the shutting off or stoppage of water under subsection (4).
22(6)No person or body corporate shall be entitled to damages or to have any portion of the payment of the rates or charges refunded for any shutting off or stoppage of water caused by accident to the plant or works of Edmundston or for any stoppage for the purpose of additions or repairs or for any shutting of or stoppage for the purpose of putting in or repairing any service pipes or pipes.
22(7)Except as otherwise provided under this section, section 117 of the Local Governance Act applies to the water services or utilities operated by Edmundston.
22(8)Repealed: 1998, c.E-1.111, s.37
1998, c.E-1.111, s.37; 2017, c.20, s.53
Sewerage services
23(1)Edmundston may
(a) maintain and continue to operate each sanitary sewerage service or utility that is in existence in the former municipalities on May 25, 1998, and
(b) continue the user-charge in place on the commencement of this section in relation to each sanitary sewerage service or utility maintained under paragraph (a), and
(c) thereafter establish a different user-charge for each of the sanitary sewerage services or utilities.
23(2)The council may, by by-law, provide that two or more of the sanitary sewerage services or utilities referred to in paragraph (1)(a) shall be treated as a single service or utility for the purposes of paragraph (1)(c) and where a council has enacted such a by-law, the services or utilities that are the subject-matter of the by-law shall not thereafter be treated as distinct services or utilities.
23(3)Except as otherwise provided under this section, section 117 of the Local Governance Act applies to the sanitary sewerage services or utilities operated by Edmundston.
23(4)Repealed: 1998, c.E-1.111, s.37
2001, c.17, s.1; 1998, c.E-1.111, s.37; 2017, c.20, s.53
III
BY-LAWS
By-laws
24(1)Subject to the provisions of the Local Governance Act and any other Act of the Legislature and any regulations made under such Acts, the council of Edmundston may make by-laws
(a) respecting the terms and conditions upon which water may be provided and regulating the use and supply of water;
(b) respecting entry onto lands and buildings for the purposes of
(i) maintenance of the water service,
(ii) removal of pipes and other property of the municipality, and
(iii) carrying out an inspection in relation to the water service;
(c) respecting the terms and conditions upon which electric power may be provided and regulating the use and supply of electric power;
(d) respecting entry onto lands and buildings for the purposes of
(i) maintenance of the electric power service,
(ii) removal of equipment and meters of the municipality, and
(iii) carrying out an inspection in relation to the electric power service;
(e) prohibiting, regulating or controlling the use of barbed wire within the municipality or any part of the municipality;
(f) regulating and licensing billposters, preventing the pulling down and defacing of signboards and billboards or printed or other notices lawfully affixed to the billboard or notice and preventing the defacing of private or other property by printed or other notices;
(g) authorizing the mayor to proclaim any day or part of any day except Sunday to be a civic day;
(h) licensing contractors who enter into contracts for the erection, alteration or repair of buildings or structures, classifying such contractors, prescribing a schedule of license fees to be paid by such contractors which fees may vary as between the different classifications, and requiring such contractors to pay the prescribed fee as a condition of commencing to carry out any such contract;
(i) directing, subject to any prescriptive rights, the removal of doorsteps, porches, railings, signs or other erections or obstructions projecting onto any sidewalk, street or other public place and respecting licensing projections or encroachments on streets or sidewalks;
(j) prohibiting the planting of hedges or shrubs on private property at or adjacent to and within eight metres of street intersections or such lesser distance as may be stated in the by-law, requiring the removal of hedges or shrubs already planted or limiting the height of such hedges or shrubs whether planted before or after the date of the passing of such by-law;
(k) numbering the houses or buildings in the municipality and renumbering them from time to time;
(l) naming the streets or avenues and changing the names of any of the streets and avenues now existing or hereafter laid out within the municipality;
(l.1) designating and requiring the use of community names within the municipality for the purposes of civic addresses and mailing addresses;
(m) prohibiting or restricting, controlling and regulating the placing or depositing of such rubbish as may be designated in the by-law upon any street or lane or in any park, public place or watercourse and compelling the removal of such rubbish by the party so placing or depositing the rubbish;
(n) regulating or controlling the use of public dumps owned by the municipality;
(o) compelling all owners or occupiers or all owners or occupiers within specified areas of the municipality, to remove and clear away all snow, ice, dirt and other obstructions from the sidewalks adjoining the premises owned or occupied by them;
(p) providing for the clearing of sidewalks adjoining property of non-residents and all other owners or occupiers who for twenty-four hours neglect to clear the same at the expense of the owners of such property;
(q) controlling and regulating traffic on streets, sidewalks and other public places;
(r) providing for planting and protecting trees on streets and other public places;
(s) providing for the protection of trees on private property from insect pests and for entering upon such property for that purpose;
(t) causing vacant lots within specified areas of the municipality to be properly enclosed at the expense of the owner;
(u) erecting one or more memorials to members of the armed forces who gave their lives in the service of Canada in any war and acquiring grounds for a site thereof, providing for the repair and maintenance of such memorials and granting aid for such erection, acquisition, repair and maintenance;
(v) compelling owners and occupants of land to provide such receptacles as may be specified in the by-law for ashes, garbage and refuse;
(w) prohibiting the handling of or interfering with or removal of ashes, garbage and refuse or any receptacle therefor by persons not authorized or required by the by-law to handle or remove the ashes, garbage and refuse;
(x) prohibiting the affixing of any material to poles and preventing the defacing of poles.
24(2)For the purposes of greater clarity, the provisions of the Local Governance Act apply to a by-law made under subsection (1) as if the by-law were made under that Act.
2001, c.17, s.2; 2017, c.20, s.53
Conflict between by-laws
25If a conflict exists between any by-law made under section 24 and the provisions of the Local Governance Act or any other Act of the Legislature or any regulation made under any of those Acts, the provisions of those Acts or of the regulations, as the case may be, prevail.
2017, c.20, s.53
IV
ADDITIONAL POWERS
Crest and coat of arms
26(1)The council of Edmundston may, by by-law approved by the Lieutenant-Governor in Council, adopt a crest and coat of arms for the municipality.
26(2)A person who, without the authority of the council, assumes or uses the crest and coat of arms of the municipality or any heraldic emblem so nearly resembling the same as to be calculated to deceive commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category B offence.
Debts due
27When any money is payable to any person who is indebted to the municipality, the treasurer may retain and set off against any sum or sums so payable the amount due, and the treasurer shall forthwith appropriate and credit to the proper account or accounts all money detained, set off and realized under this section.
Grants
28The council may make grants in such amounts, payable at such times, and for such public, charitable and educational purposes as the council shall from time to time by resolution determine.
Quarries
29Subject to any applicable Act of the Legislature, the council may purchase or lease and work any quarry, gravel or sand pit inside or outside the municipality, for the purpose of the municipality.
V
TRANSITIONAL, SAVINGS AND REPEAL
Composition of council
Repealed: 2018, c.9, s.35
2018, c.9, s.35
30Repealed: 2018, c.9, s.36
2004, c.2, s.15; 2017, c.20, s.53; 2018, c.9, s.36
Division of municipality into wards
Repealed: 2018, c.9, s.37
2018, c.9, s.37
31Repealed: 2018, c.9, s.38
2004, c.2, s.15; 2017, c.20, s.53; 2018, c.9, s.38
Taxation zones
Repealed: 2018, c.9, s.39
2018, c.9, s.39
32Repealed: 2018, c.9, s.40
1998, c.E-1.111, s.37; 2001, c.17, s.3, 4; 2009, c.15, s.6; 2010, c.35, s.5; 2017, c.20, s.53; 2018, c.9, s.40
Continuance of borrowing authority
Repealed: 2018, c.9, s.41
2018, c.9, s.41
33Repealed: 2018, c.9, s.42
2017, c.20, s.53; 2018, c.9, s.42
Pensions
Repealed: 2018, c.9, s.43
2018, c.9, s.43
34Repealed: 2018, c.9, s.44
2017, c.20, s.53; 2018, c.9, s.44
Payment and services
Repealed: 2018, c.9, s.45
2018, c.9, s.45
35Repealed: 2018, c.9, s.46
2017, c.20, s.53; 2018, c.9, s.46
Repeal
36(1)The City of Edmundston Act, Chapter 49 of 1 Elizabeth 11, 1952, is repealed and
(a) An Act to authorize the Town Council of the Town of Edmundston to provide a system of water works for said town, Chapter 73 of 5 Edward VII, 1905, is repealed;
(b) An Act to incorporate the Town of Edmundston, for Light and Power Purposes, Chapter 130 of 1 George V, 1911, is repealed;
(c) An Act empowering the Town of Edmundston to issue debentures to provide for a system of sewerage in the said Town, and for other purposes, Chapter 63 of 8 George V, 1917, is repealed;
(d) An Act Respecting the Assessing, Levying and Collecting of Rates and Taxes in the Town of Edmundston, Chapter 67 of 1 George VI, 1937, is repealed;
(e) An Act Relating to the Granting of Licenses to Persons Doing Business in the Town of Edmundston, Chapter 69 of 3 George VI, 1939, is repealed;
(f) Repealed: 2012, c.13, s.3
(g) An Act to authorize and empower the Town of Edmundston to Acquire Certain Lands as a Site for an Airport and to Issue Debentures therefor, Chapter 94 of 12 George VI, 1948, is repealed.
36(2)Notwithstanding subsection (1),
(a) paragraph (1)(f) and section 39 come into force on a day or days to be fixed by proclamation, and
(b) paragraphs (1)(a), (b), (c), (d), (e) and (g) come into force on May 25, 1998.
36(3)Where a provision of this Act conflicts with or is inconsistent with a provision in an Act referred to in subsection (1), this Act prevails.
2012, c.13, s.3
Repeal
37(1)Paragraph 32(1)(c) of this Act is repealed effective January 1, 2000.
37(2)Subsections 22(8) and 23(4) of this Act are repealed effective January 1, 2005.
37(2.1)Paragraph 32(3)(a), subsection 32(3.1), paragraphs 32(5)(a) and (c) and subsection 32(5.1) of this Act are repealed effective January 1, 2006.
37(3)Repealed: 2012, c.13, s.3
37(4)Subsection (3) comes into force on a day to be fixed by proclamation.
2001, c.17, s.4; 2012, c.13, s.3
Repeal
38(1)The heading “CITY OF EDMUNDSTON” preceding section 4 of New Brunswick Regulation 85-6 under the Municipalities Act is repealed.
38(2)Section 4 of the Regulation is repealed.
38(3)The heading “SAINT-BASILE” preceding section 24.1 of the Regulation is repealed.
38(4)Section 24.1 of the Regulation is repealed.
38(5)The heading “VILLAGE DE SAINT-JACQUES” preceding section 101 of the Regulation is repealed.
38(6)Section 101 of the Regulation is repealed.
38(7)The heading “VILLAGE DE VERRET” preceding section 114 of the Regulation is repealed.
38(8)Section 114 of the Regulation is repealed.
38(9)This section comes into force on May 25, 1998.
Savings
39Repealed: 2012, c.13, s.3
2012, c.13, s.3
Savings
40The repeal of An Act to authorize and empower the Town of Edmundston to Acquire Certain Lands as a Site for an Airport and to Issue Debentures therefor, Chapter 94 of 12 George VI, 1948, does not affect the authority and power of Edmundston to deal with land acquired for an airport site as land acquired for municipal purposes under the Municipalities Act.
Savings
41The repeal of An Act to authorize the Town Council of the Town of Edmundston to provide a system of water works for said town, Chapter 73 of 5 Edward VII, 1905, shall not affect the continued operation of a waterworks system in Edmundston.
Savings
42The repeal of An Act to incorporate the Town of Edmundston, for Light and Power Purposes, Chapter 130 of 1 George V, 1911, shall not affect the continued operation of the electric power service or utility in Edmundston.
Savings
43The repeal of An Act empowering the Town of Edmundston to issue debentures to provide for a system of sewerage in the said Town, and for other purposes, Chapter 63 of 8 George V, 1917, shall not affect the continued operation of the sewerage system in Edmundston.
Savings
44The repeal of the Acts referred to in paragraphs 36(1)(a), (b), (c) and (g) shall not affect the validity of any debenture issued under those Acts.
Savings
45Subject to section 13, the repeal of
(a) The City of Edmundston Act, Chapter 49 of 1 Elizabeth 11, 1952,
(b) An Act to incorporate the Town of Edmundston, for Light and Power Purposes, Chapter 130 of 1 George V, 1911, and
(c) An Act to authorize the Town Council of the Town of Edmundston to provide a system of water works for said town, Chapter 73 of 5 Edward VII, 1905,
does not affect the continued employment of persons appointed or employed under any of the Acts referred to in paragraphs (a), (b) or (c).
Consequential amendments
46Section 60 of the Industrial Relations Act, chapter I-4 of the Revised Statutes, 1973, is amended
(a) in subsection (11) in the portion preceding paragraph (a) by striking out “Municipalities Act” and substituting “Municipalities Act or any other Act”;
(b) in subsection (12) by striking out “Municipalities Act” and substituting “Municipalities Act or any other Act”.
Consequential amendments
47(1)Section 3(2) of the Municipalities Act, chapter M-22 of the Revised Statutes, 1973, is amended by striking out “this Act” and substituting “this Act or any other Act”.
47(2)Section 14(4.2) of the Act is amended by striking out “this Act” and substituting “this Act or any other Act”.
47(3)Section 22(3.1) of the Act is amended by striking out “this Act” and substituting “this Act or any other Act”.
SCHEDULE A
2018, c.9, s.2 / 2018, ch. 9, art. 2
N.B. Paragraph 36(1)(f), subsection 37(3) and section 39 of this Act were repealed by the Statute Repeal Act, 2012, c.13, in force December 31, 2015.
N.B. This Act is consolidated to January 1, 2023.