Acts and Regulations

B-10.2 - Business Improvement Areas Act

Full text
Budget of business improvement corporation
4(1)With the approval of the majority of the members present at a special general meeting held for that purpose, the board of directors of a business improvement corporation may submit to council, at the time and in the form prescribed by council, a budget of projected expenditures for any calendar year.
4(2)A council shall not approve a budget unless it gives notice, published at least once weekly for two weeks in a newspaper having general circulation within the municipality, disclosing
(a) its intention to approve the budget,
(b) the extent of the levy needed to implement the budget, and
(c) the period during which objections may be made.
4(3)Objections to the budget may be submitted in writing to the clerk of the municipality by personal delivery not later than fifteen days after the last publication of notice pursuant to subsection (2), or by ordinary mail postmarked not later than that date.
4(4)Subsequent to the final date for submitting objections to the budget a council may require the board of directors of the business improvement corporation to convene a general meeting of non-residential users to consider the budget.
4(5)Subject to subsection (6), if two-thirds of the non-residential users in attendance at the general meeting approve the budget, or a revised budget, and the board of directors submits the approved budget to council, council may after fifteen days approve the budget without further notice.
4(6)No budget shall be approved if objections in writing to that budget 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 together be liable to pay one-third or more of the amount to be raised by a levy.
4(7)Subsections 2(4) and 2(7) apply to the determination of issues arising under subsection (6).
4(8)Where the council does not approve a budget for any year no levy shall be imposed in that year and the by-law made under section 2 with respect to that business improvement area shall be deemed to be repealed as of the first day of January of that year.
1991, c.27, s.6
Budget of business improvement corporation
4(1)With the approval of the majority of the members present at a special general meeting held for that purpose, the board of directors of a business improvement corporation may submit to council, at the time and in the form prescribed by council, a budget of projected expenditures for any calendar year.
4(2)A council shall not approve a budget unless it gives notice, published at least once weekly for two weeks in a newspaper having general circulation within the municipality, disclosing
(a) its intention to approve the budget,
(b) the extent of the levy needed to implement the budget, and
(c) the period during which objections may be made.
4(3)Objections to the budget may be submitted in writing to the clerk of the municipality by personal delivery not later than fifteen days after the last publication of notice pursuant to subsection (2), or by ordinary mail postmarked not later than that date.
4(4)Subsequent to the final date for submitting objections to the budget a council may require the board of directors of the business improvement corporation to convene a general meeting of non-residential users to consider the budget.
4(5)Subject to subsection (6), if two-thirds of the non-residential users in attendance at the general meeting approve the budget, or a revised budget, and the board of directors submits the approved budget to council, council may after fifteen days approve the budget without further notice.
4(6)No budget shall be approved if objections in writing to that budget 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 together be liable to pay one-third or more of the amount to be raised by a levy.
4(7)Subsections 2(4) and 2(7) apply to the determination of issues arising under subsection (6).
4(8)Where the council does not approve a budget for any year no levy shall be imposed in that year and the by-law made under section 2 with respect to that business improvement area shall be deemed to be repealed as of the first day of January of that year.
1991, c.27, s.6