Acts and Regulations

B-10.2 - Business Improvement Areas Act

Full text
By-law designating business improvement area, procedure
2(1)Upon presentation of the petition of
(a) five or more non-residential users, or
(b) the board of directors of a business improvement corporation with at least five members who are non-residential users,
a council shall consider and may by by-law made in accordance with this section designate an area within the municipality to be a business improvement area.
2(2)Before a by-law referred to in subsection (1) is made the council shall cause to be published in a newspaper having general circulation in the municipality, once each week for two consecutive weeks, a notice setting forth
(a) the contents of the proposed by-law, and
(b) the date, time and place at which objections to the proposed by-law will be heard.
2(3)No by-law referred to in subsection (1) shall be made if, not later than the date set for the hearing of objections under subsection (2), objections in writing are filed with the clerk of the municipality, jointly or independently, by one-third or more of all non-residential users or by non-residential users who in the clerk’s opinion would, if the proposed business improvement area were designated, together be liable to pay one-third or more of the amount to be raised by a levy.
2(4)For the purposes of subsection (3), where one non-residential user recovers from another, through payments for rent or otherwise, an amount payable in consequence of the imposition of a levy, the latter, to the exclusion of the former, shall be considered liable to pay that amount, and, unless the contrary is shown, the clerk may assume
(a) that every lessor of property recovers from those to whom he leases the property the full amount that he pays in consequence of the imposition of a levy, and
(b) where a lessor leases parts of a property to different persons, that the lessor recovers from each of them in proportion to the area that each one occupies.
2(5)Where a council is precluded from making a by-law by reason of subsection (3), no property within the proposed business improvement area is subject to a by-law subsequently made under this section before one year has elapsed from the date of last publication under subsection (2).
2(6)Where a council refuses to make a by-law requested under subsection (1), no property within the proposed business improvement area is subject to a by-law subsequently made under this section before one year has elapsed from the date of the decision of council.
2(7)The sufficiency of any petition or objection described in this section shall be determined by the clerk of the municipality, and such determination is final.
2(8)The procedures set out in subsections (1), (2), (3), (4), (5) and (7) apply to the amendment of any by-law made under this section, but not to the repeal of a by-law, and no amendment altering the boundaries of a business improvement area is effective before the thirty-first day of December of the year in which it is made.
2(9)No by-law repealing a by-law made under this section is effective before the thirty-first day of December of the year in which it is made.
2(10)No by-law establishing a business improvement area, and no amendment to such a by-law, is effective until approved by the Minister.
By-law designating business improvement area, procedure
2(1)Upon presentation of the petition of
(a) five or more non-residential users, or
(b) the board of directors of a business improvement corporation with at least five members who are non-residential users,
a council shall consider and may by by-law made in accordance with this section designate an area within the municipality to be a business improvement area.
2(2)Before a by-law referred to in subsection (1) is made the council shall cause to be published in a newspaper having general circulation in the municipality, once each week for two consecutive weeks, a notice setting forth
(a) the contents of the proposed by-law, and
(b) the date, time and place at which objections to the proposed by-law will be heard.
2(3)No by-law referred to in subsection (1) shall be made if, not later than the date set for the hearing of objections under subsection (2), objections in writing are filed with the clerk of the municipality, jointly or independently, by one-third or more of all non-residential users or by non-residential users who in the clerk’s opinion would, if the proposed business improvement area were designated, together be liable to pay one-third or more of the amount to be raised by a levy.
2(4)For the purposes of subsection (3), where one non-residential user recovers from another, through payments for rent or otherwise, an amount payable in consequence of the imposition of a levy, the latter, to the exclusion of the former, shall be considered liable to pay that amount, and, unless the contrary is shown, the clerk may assume
(a) that every lessor of property recovers from those to whom he leases the property the full amount that he pays in consequence of the imposition of a levy, and
(b) where a lessor leases parts of a property to different persons, that the lessor recovers from each of them in proportion to the area that each one occupies.
2(5)Where a council is precluded from making a by-law by reason of subsection (3), no property within the proposed business improvement area is subject to a by-law subsequently made under this section before one year has elapsed from the date of last publication under subsection (2).
2(6)Where a council refuses to make a by-law requested under subsection (1), no property within the proposed business improvement area is subject to a by-law subsequently made under this section before one year has elapsed from the date of the decision of council.
2(7)The sufficiency of any petition or objection described in this section shall be determined by the clerk of the municipality, and such determination is final.
2(8)The procedures set out in subsections (1), (2), (3), (4), (5) and (7) apply to the amendment of any by-law made under this section, but not to the repeal of a by-law, and no amendment altering the boundaries of a business improvement area is effective before the thirty-first day of December of the year in which it is made.
2(9)No by-law repealing a by-law made under this section is effective before the thirty-first day of December of the year in which it is made.
2(10)No by-law establishing a business improvement area, and no amendment to such a by-law, is effective until approved by the Minister.