Acts and Regulations

M-22 - Municipalities Act

Section 190.073
Disposition versions

Full text
Rural communities
190.073(1)On the recommendation of the Minister, the Lieutenant-Governor in Council may, in a regulation under section 190.072,
(a) prescribe the effective date of the incorporation, amalgamation, annexation or decrement of the rural community,
(b) prescribe the name of the rural community,
(c) prescribe the boundaries of the rural community,
(d) for the purpose of the first election, provide for
(i) the composition of the first rural community council and local commissions,
(ii) the holding of elections, either before or subsequent to the effective date of the incorporation, amalgamation, annexation or decrement,
(iii) polling divisions,
(iv) the fixing of days for nominations, either before or subsequent to the effective date of the incorporation, amalgamation, annexation or decrement,
(v) the fixing of a day for the holding of the first election,
(vi) the qualifications of candidates and voters,
(vii) the preparation of voters lists,
(viii) the fixing of a day for the taking of the oath of office,
(ix) the fixing of days for first meetings of the rural community council and local commissions, and
(x) such other matters as are deemed necessary to provide for the effective administration of the new rural community or any of its local commissions,
(e) if a first election is held under paragraph (d) to elect a first rural community council prior to the effective date of the incorporation, amalgamation, annexation or decrement, fix the remuneration of the members of the first rural community council for the period falling between the taking of the oath of office and the effective date of the incorporation, amalgamation, annexation or decrement,
(f) prescribe which services listed in the First Schedule are to be provided by the Minister in the rural community or any portion of it,
(g) prescribe land use planning as a service or any other service as a service that shall be provided in the rural community by the rural community,
(h) make adjustments in relation to the provision of services for a local service district or other rural community affected by the incorporation, amalgamation, annexation or decrement,
(i) make adjustments of assets and liabilities between rural communities affected by the regulation under section 190.072 as the rural communities agree upon or, in default of agreement, as the Lieutenant-Governor in Council deems equitable,
(j) create, amalgamate or dissolve local commissions and make adjustments of assets and liabilities of local commissions as they agree upon or, in default of agreement, as the Lieutenant-Governor in Council deems equitable,
(k) appoint one or more persons who have all the powers of a commissioner appointed under the Inquiries Act to inquire into and report to the Lieutenant-Governor in Council upon the adjustments of assets and liabilities referred to in paragraphs (i) and (j),
(l) prescribe the number of members on the rural community council,
(m) provide for the election of rural community councillors at large, by ward, or a combination of the two,
(n) divide the rural community into wards,
(o) designate any rural plan under subsection 77(2.1) of the Community Planning Act, any portion of a rural plan or any other regulation under the Community Planning Act or a rural plan adopted under subsection 77.2(1) of the Community Planning Act as the basic planning statement, rural plan, zoning regulation or other regulation, as the case may be, of the rural community or portion of the rural community,
(p) prescribe transitional provisions in relation to a local service district or municipality that is abolished or altered as a result of the incorporation or change in the boundaries of a rural community, including adjustments of assets and liabilities, and
(q) provide for all matters necessary or incidental to the incorporation, amalgamation, annexation or decrement.
190.073(2)If an area is incorporated as a rural community under section 190.072, any service listed in the First Schedule provided in the area shall, subject to a provision under paragraph (1)(f) or (g), continue to be provided by the Minister in the rural community or that portion of the rural community until the service is discontinued pursuant to a regulation under paragraph 190.09(1)(s) or a by-law is enacted under subsection 190.079(1).
190.073(3)If a service, whether provided by the Minister or the rural community, is discontinued in a rural community or any portion of a rural community, all liabilities associated with the service continue until discharged.
190.073(4)If a rural community has not enacted a by-law under subsection 190.079(1) authorizing it to provide a garbage and refuse collection and disposal service, and notwithstanding that the rural community or any area within the rural community has not been established in accordance with this Act for the provision of a garbage and refuse collection and disposal service by the Minister, the Minister may, in accordance with regulations made under section 191 and without following the procedure set out in a regulation made under paragraph 190.09(1)(s), provide that service in the rural community or in any area within the rural community, if the rural community or area is within the territory serviced by a regional service commission established under the Regional Service Delivery Act.
190.073(5)If the Minister provides a garbage and refuse collection and disposal service under subsection (4), the Minister may do so by entering into an agreement with the regional service commission established under the Regional Service Delivery Act and the Minister shall raise the money required for provision of the service in accordance with section 190.082.
190.073(5.01)Without limiting subsection (4), if a rural community has not enacted a by-law under subsection 190.079(1) authorizing it to provide a particular service, and notwithstanding that the rural community or any area within the rural community has not been established in accordance with this Act for the provision of the service by the Minister, the Minister may, in accordance with regulations made under section 191 and without following the procedure set out in a regulation made under paragraph 190.09(1)(s), provide the service in the rural community or in any area within the rural community if the rural community or the area is being provided that service by or through a regional service commission established under the Regional Service Delivery Act.
190.073(5.02)The Minister shall raise the money required for the provision of a service by or through the regional service commission established under the Regional Service Delivery Act in a rural community in accordance with section 190.082.
190.073(5.1)If a rural community has not enacted a by-law under subsection 96(1) authorizing it to provide an animal control service, and notwithstanding that the rural community or any area within the rural community has not been established in accordance with this Act for the provision of an animal control service by the Minister, the Minister may, in accordance with regulations made under section 191 and without following the procedure set out in a regulation made under paragraph 190.09(1)(s), provide that service in the rural community or in any area within the rural community.
190.073(5.2)The Minister shall raise the money required for provision of an animal control service in accordance with section 190.082.
190.073(5.3)If a rural community has not enacted a by-law under subsection 190.079(1) authorizing it to provide a police protection service, and notwithstanding that the rural community or any area within the rural community has not been established in accordance with this Act for the provision of a police protection service by the Minister, the Minister may, without following the procedure set out in a regulation made under paragraph 190.09(1)(s), provide that service in the rural community or in any area within the rural community.
190.073(5.4)Subject to subsection (5.5), the Minister shall raise the money required for the provision of a police protection service in accordance with section 190.082.
190.073(5.5)The Minister may raise the following percentage of the money required for the provision of a police protection service:
(a) 25% for the year 2013;
(b) 50% for the year 2014;
(c) 75% for the year 2015; and
(d) 100% for the year 2016 and any succeeding year.
190.073(6)If a regulation is made under section 190.072, the Lieutenant-Governor in Council may
(a) amend or repeal a rural plan or any other regulation made under the Community Planning Act to make adjustments respecting areas affected by the incorporation of the rural community, and
(b) amend or repeal a regulation made under section 23.1 or 190.072 to make adjustments in respect of the boundaries of any local service district or rural community affected by the incorporation of the new rural community.
190.073(7)The amalgamation of two or more rural communities does not affect the by-laws then in force in each of the former rural communities, and they remain in force in each former rural community until repealed by the rural community council of the new rural community.
190.073(8)Subject to section 19.2, when an area is annexed to a rural community, the by-laws of the rural community extend to the annexed area.
190.073(9)When the territorial limits of a rural community are decreased, the by-laws of the former rural community apply to the new rural community.
190.073(10)Subsection 77(11) of the Community Planning Act does not apply to paragraph (6)(a).
2005, c.7, s.49; 2009, c.19, s.2; 2012, c.43, s.2; 2012, c.44, s.11; 2017, c.16, s.1
Rural communities
190.073(1)On the recommendation of the Minister, the Lieutenant-Governor in Council may, in a regulation under section 190.072,
(a) prescribe the effective date of the incorporation, amalgamation, annexation or decrement of the rural community,
(b) prescribe the name of the rural community,
(c) prescribe the boundaries of the rural community,
(d) for the purpose of the first election, provide for
(i) the composition of the first rural community council and local commissions,
(ii) the holding of elections, either before or subsequent to the effective date of the incorporation, amalgamation, annexation or decrement,
(iii) polling divisions,
(iv) the fixing of days for nominations, either before or subsequent to the effective date of the incorporation, amalgamation, annexation or decrement,
(v) the fixing of a day for the holding of the first election,
(vi) the qualifications of candidates and voters,
(vii) the preparation of voters lists,
(viii) the fixing of a day for the taking of the oath of office,
(ix) the fixing of days for first meetings of the rural community council and local commissions, and
(x) such other matters as are deemed necessary to provide for the effective administration of the new rural community or any of its local commissions,
(e) if a first election is held under paragraph (d) to elect a first rural community council prior to the effective date of the incorporation, amalgamation, annexation or decrement, fix the remuneration of the members of the first rural community council for the period falling between the taking of the oath of office and the effective date of the incorporation, amalgamation, annexation or decrement,
(f) prescribe which services listed in the First Schedule are to be provided by the Minister in the rural community or any portion of it,
(g) prescribe land use planning as a service or any other service as a service that shall be provided in the rural community by the rural community,
(h) make adjustments in relation to the provision of services for a local service district or other rural community affected by the incorporation, amalgamation, annexation or decrement,
(i) make adjustments of assets and liabilities between rural communities affected by the regulation under section 190.072 as the rural communities agree upon or, in default of agreement, as the Lieutenant-Governor in Council deems equitable,
(j) create, amalgamate or dissolve local commissions and make adjustments of assets and liabilities of local commissions as they agree upon or, in default of agreement, as the Lieutenant-Governor in Council deems equitable,
(k) appoint one or more persons who have all the powers of a commissioner appointed under the Inquiries Act to inquire into and report to the Lieutenant-Governor in Council upon the adjustments of assets and liabilities referred to in paragraphs (i) and (j),
(l) prescribe the number of members on the rural community council,
(m) provide for the election of rural community councillors at large, by ward, or a combination of the two,
(n) divide the rural community into wards,
(o) designate any rural plan under subsection 77(2.1) of the Community Planning Act, any portion of a rural plan or any other regulation under the Community Planning Act or a rural plan adopted under subsection 77.2(1) of the Community Planning Act as the basic planning statement, rural plan, zoning regulation or other regulation, as the case may be, of the rural community or portion of the rural community,
(p) prescribe transitional provisions in relation to a local service district or municipality that is abolished or altered as a result of the incorporation or change in the boundaries of a rural community, including adjustments of assets and liabilities, and
(q) provide for all matters necessary or incidental to the incorporation, amalgamation, annexation or decrement.
190.073(2)If an area is incorporated as a rural community under section 190.072, any service listed in the First Schedule provided in the area shall, subject to a provision under paragraph (1)(f) or (g), continue to be provided by the Minister in the rural community or that portion of the rural community until the service is discontinued pursuant to a regulation under paragraph 190.09(1)(s) or a by-law is enacted under subsection 190.079(1).
190.073(3)If a service, whether provided by the Minister or the rural community, is discontinued in a rural community or any portion of a rural community, all liabilities associated with the service continue until discharged.
190.073(4)If a rural community has not enacted a by-law under subsection 190.079(1) authorizing it to provide a garbage and refuse collection and disposal service, and notwithstanding that the rural community or any area within the rural community has not been established in accordance with this Act for the provision of a garbage and refuse collection and disposal service by the Minister, the Minister may, in accordance with regulations made under section 191 and without following the procedure set out in a regulation made under paragraph 190.09(1)(s), provide that service in the rural community or in any area within the rural community, if the rural community or area is within the territory serviced by a regional service commission established under the Regional Service Delivery Act.
190.073(5)If the Minister provides a garbage and refuse collection and disposal service under subsection (4), the Minister may do so by entering into an agreement with the regional service commission established under the Regional Service Delivery Act and the Minister shall raise the money required for provision of the service in accordance with section 190.082.
190.073(5.01)Without limiting subsection (4), if a rural community has not enacted a by-law under subsection 190.079(1) authorizing it to provide a particular service, and notwithstanding that the rural community or any area within the rural community has not been established in accordance with this Act for the provision of the service by the Minister, the Minister may, in accordance with regulations made under section 191 and without following the procedure set out in a regulation made under paragraph 190.09(1)(s), provide the service in the rural community or in any area within the rural community if the rural community or the area is being provided that service by or through a regional service commission established under the Regional Service Delivery Act.
190.073(5.02)The Minister shall raise the money required for the provision of a service by or through the regional service commission established under the Regional Service Delivery Act in a rural community in accordance with section 190.082.
190.073(5.1)If a rural community has not enacted a by-law under subsection 96(1) authorizing it to provide a dog control service, and notwithstanding that the rural community or any area within the rural community has not been established in accordance with this Act for the provision of a dog control service by the Minister, the Minister may, in accordance with regulations made under section 191 and without following the procedure set out in a regulation made under paragraph 190.09(1)(s), provide that service in the rural community or in any area within the rural community.
190.073(5.2)The Minister shall raise the money required for provision of a dog control service in accordance with section 190.082.
190.073(5.3)If a rural community has not enacted a by-law under subsection 190.079(1) authorizing it to provide a police protection service, and notwithstanding that the rural community or any area within the rural community has not been established in accordance with this Act for the provision of a police protection service by the Minister, the Minister may, without following the procedure set out in a regulation made under paragraph 190.09(1)(s), provide that service in the rural community or in any area within the rural community.
190.073(5.4)Subject to subsection (5.5), the Minister shall raise the money required for the provision of a police protection service in accordance with section 190.082.
190.073(5.5)The Minister may raise the following percentage of the money required for the provision of a police protection service:
(a) 25% for the year 2013;
(b) 50% for the year 2014;
(c) 75% for the year 2015; and
(d) 100% for the year 2016 and any succeeding year.
190.073(6)If a regulation is made under section 190.072, the Lieutenant-Governor in Council may
(a) amend or repeal a rural plan or any other regulation made under the Community Planning Act to make adjustments respecting areas affected by the incorporation of the rural community, and
(b) amend or repeal a regulation made under section 23.1 or 190.072 to make adjustments in respect of the boundaries of any local service district or rural community affected by the incorporation of the new rural community.
190.073(7)The amalgamation of two or more rural communities does not affect the by-laws then in force in each of the former rural communities, and they remain in force in each former rural community until repealed by the rural community council of the new rural community.
190.073(8)Subject to section 19.2, when an area is annexed to a rural community, the by-laws of the rural community extend to the annexed area.
190.073(9)When the territorial limits of a rural community are decreased, the by-laws of the former rural community apply to the new rural community.
190.073(10)Subsection 77(11) of the Community Planning Act does not apply to paragraph (6)(a).
2005, c.7, s.49; 2009, c.19, s.2; 2012, c.43, s.2; 2012, c.44, s.11
Rural communities
190.073(1)On the recommendation of the Minister, the Lieutenant-Governor in Council may, in a regulation under section 190.072,
(a) prescribe the effective date of the incorporation, amalgamation, annexation or decrement of the rural community,
(b) prescribe the name of the rural community,
(c) prescribe the boundaries of the rural community,
(d) for the purpose of the first election, provide for
(i) the composition of the first rural community council and local commissions,
(ii) the holding of elections, either before or subsequent to the effective date of the incorporation, amalgamation, annexation or decrement,
(iii) polling divisions,
(iv) the fixing of days for nominations, either before or subsequent to the effective date of the incorporation, amalgamation, annexation or decrement,
(v) the fixing of a day for the holding of the first election,
(vi) the qualifications of candidates and voters,
(vii) the preparation of voters lists,
(viii) the fixing of a day for the taking of the oath of office,
(ix) the fixing of days for first meetings of the rural community council and local commissions, and
(x) such other matters as are deemed necessary to provide for the effective administration of the new rural community or any of its local commissions,
(e) if a first election is held under paragraph (d) to elect a first rural community council prior to the effective date of the incorporation, amalgamation, annexation or decrement, fix the remuneration of the members of the first rural community council for the period falling between the taking of the oath of office and the effective date of the incorporation, amalgamation, annexation or decrement,
(f) prescribe which services listed in the First Schedule are to be provided by the Minister in the rural community or any portion of it,
(g) prescribe land use planning as a service or any other service as a service that shall be provided in the rural community by the rural community,
(h) make adjustments in relation to the provision of services for a local service district or other rural community affected by the incorporation, amalgamation, annexation or decrement,
(i) make adjustments of assets and liabilities between rural communities affected by the regulation under section 190.072 as the rural communities agree upon or, in default of agreement, as the Lieutenant-Governor in Council deems equitable,
(j) create, amalgamate or dissolve local commissions and make adjustments of assets and liabilities of local commissions as they agree upon or, in default of agreement, as the Lieutenant-Governor in Council deems equitable,
(k) appoint one or more persons who have all the powers of a commissioner appointed under the Inquiries Act to inquire into and report to the Lieutenant-Governor in Council upon the adjustments of assets and liabilities referred to in paragraphs (i) and (j),
(l) prescribe the number of members on the rural community council,
(m) provide for the election of rural community councillors at large, by ward, or a combination of the two,
(n) divide the rural community into wards,
(o) designate any rural plan under subsection 77(2.1) of the Community Planning Act, any portion of a rural plan or any other regulation under the Community Planning Act or a rural plan adopted under subsection 77.2(1) of the Community Planning Act as the basic planning statement, rural plan, zoning regulation or other regulation, as the case may be, of the rural community or portion of the rural community,
(p) prescribe transitional provisions in relation to a local service district or municipality that is abolished or altered as a result of the incorporation or change in the boundaries of a rural community, including adjustments of assets and liabilities, and
(q) provide for all matters necessary or incidental to the incorporation, amalgamation, annexation or decrement.
190.073(2)If an area is incorporated as a rural community under section 190.072, any service listed in the First Schedule provided in the area shall, subject to a provision under paragraph (1)(f) or (g), continue to be provided by the Minister in the rural community or that portion of the rural community until the service is discontinued pursuant to a regulation under paragraph 190.09(1)(s) or a by-law is enacted under subsection 190.079(1).
190.073(3)If a service, whether provided by the Minister or the rural community, is discontinued in a rural community or any portion of a rural community, all liabilities associated with the service continue until discharged.
190.073(4)If a rural community has not enacted a by-law under subsection 190.079(1) authorizing it to provide a garbage and refuse collection and disposal service, and notwithstanding that the rural community or any area within the rural community has not been established in accordance with this Act for the provision of a garbage and refuse collection and disposal service by the Minister, the Minister may, in accordance with regulations made under section 191 and without following the procedure set out in a regulation made under paragraph 190.09(1)(s), provide that service in the rural community or in any area within the rural community, if the rural community or area is within the territory serviced by a regional service commission established under the Regional Service Delivery Act.
190.073(5)If the Minister provides a garbage and refuse collection and disposal service under subsection (4), the Minister may do so by entering into an agreement with the regional service commission established under the Regional Service Delivery Act and the Minister shall raise the money required for provision of the service in accordance with section 190.082.
190.073(5.01)Without limiting subsection (4), if a rural community has not enacted a by-law under subsection 190.079(1) authorizing it to provide a particular service, and notwithstanding that the rural community or any area within the rural community has not been established in accordance with this Act for the provision of the service by the Minister, the Minister may, in accordance with regulations made under section 191 and without following the procedure set out in a regulation made under paragraph 190.09(1)(s), provide the service in the rural community or in any area within the rural community if the rural community or the area is being provided that service by or through a regional service commission established under the Regional Service Delivery Act.
190.073(5.02)The Minister shall raise the money required for the provision of a service by or through the regional service commission established under the Regional Service Delivery Act in a rural community in accordance with section 190.082.
190.073(5.1)If a rural community has not enacted a by-law under subsection 96(1) authorizing it to provide a dog control service, and notwithstanding that the rural community or any area within the rural community has not been established in accordance with this Act for the provision of a dog control service by the Minister, the Minister may, in accordance with regulations made under section 191 and without following the procedure set out in a regulation made under paragraph 190.09(1)(s), provide that service in the rural community or in any area within the rural community.
190.073(5.2)The Minister shall raise the money required for provision of a dog control service in accordance with section 190.082.
190.073(5.3)If a rural community has not enacted a by-law under subsection 190.079(1) authorizing it to provide a police protection service, and notwithstanding that the rural community or any area within the rural community has not been established in accordance with this Act for the provision of a police protection service by the Minister, the Minister may, without following the procedure set out in a regulation made under paragraph 190.09(1)(s), provide that service in the rural community or in any area within the rural community.
190.073(5.4)Subject to subsection (5.5), the Minister shall raise the money required for the provision of a police protection service in accordance with section 190.082.
190.073(5.5)The Minister may raise the following percentage of the money required for the provision of a police protection service:
(a) 25% for the year 2013;
(b) 50% for the year 2014;
(c) 75% for the year 2015; and
(d) 100% for the year 2016 and any succeeding year.
190.073(6)If a regulation is made under section 190.072, the Lieutenant-Governor in Council may
(a) amend or repeal a rural plan or any other regulation made under the Community Planning Act to make adjustments respecting areas affected by the incorporation of the rural community, and
(b) amend or repeal a regulation made under section 23.1 or 190.072 to make adjustments in respect of the boundaries of any local service district or rural community affected by the incorporation of the new rural community.
190.073(7)The amalgamation of two or more rural communities does not affect the by-laws then in force in each of the former rural communities, and they remain in force in each former rural community until repealed by the rural community council of the new rural community.
190.073(8)Subject to section 19.2, when an area is annexed to a rural community, the by-laws of the rural community extend to the annexed area.
190.073(9)When the territorial limits of a rural community are decreased, the by-laws of the former rural community apply to the new rural community.
190.073(10)Subsection 77(11) of the Community Planning Act does not apply to paragraph (6)(a).
2005, c.7, s.49; 2009, c.19, s.2; 2012, c.43, s.2; 2012, c.44, s.11
Rural communities
190.073(1)On the recommendation of the Minister, the Lieutenant-Governor in Council may, in a regulation under section 190.072,
(a) prescribe the effective date of the incorporation, amalgamation, annexation or decrement of the rural community,
(b) prescribe the name of the rural community,
(c) prescribe the boundaries of the rural community,
(d) for the purpose of the first election, provide for
(i) the composition of the first rural community council and local commissions,
(ii) the holding of elections, either before or subsequent to the effective date of the incorporation, amalgamation, annexation or decrement,
(iii) polling divisions,
(iv) the fixing of days for nominations, either before or subsequent to the effective date of the incorporation, amalgamation, annexation or decrement,
(v) the fixing of a day for the holding of the first election,
(vi) the qualifications of candidates and voters,
(vii) the preparation of voters lists,
(viii) the fixing of a day for the taking of the oath of office,
(ix) the fixing of days for first meetings of the rural community council and local commissions, and
(x) such other matters as are deemed necessary to provide for the effective administration of the new rural community or any of its local commissions,
(e) if a first election is held under paragraph (d) to elect a first rural community council prior to the effective date of the incorporation, amalgamation, annexation or decrement, fix the remuneration of the members of the first rural community council for the period falling between the taking of the oath of office and the effective date of the incorporation, amalgamation, annexation or decrement,
(f) prescribe which services listed in the First Schedule are to be provided by the Minister in the rural community or any portion of it,
(g) prescribe land use planning as a service that shall be provided in the rural community by the rural community,
(h) make adjustments in relation to the provision of services for a local service district or other rural community affected by the incorporation, amalgamation, annexation or decrement,
(i) make adjustments of assets and liabilities between rural communities affected by the regulation under section 190.072 as the rural communities agree upon or, in default of agreement, as the Lieutenant-Governor in Council deems equitable,
(j) create, amalgamate or dissolve local commissions and make adjustments of assets and liabilities of local commissions as they agree upon or, in default of agreement, as the Lieutenant-Governor in Council deems equitable,
(k) appoint one or more persons who have all the powers of a commissioner appointed under the Inquiries Act to inquire into and report to the Lieutenant-Governor in Council upon the adjustments of assets and liabilities referred to in paragraphs (i) and (j),
(l) prescribe the number of members on the rural community council,
(m) provide for the election of rural community councillors at large, by ward, or a combination of the two,
(n) divide the rural community into wards,
(o) designate any rural plan under subsection 77(2.1) of the Community Planning Act, any portion of a rural plan or any other regulation under the Community Planning Act or a rural plan adopted under subsection 77.2(1) of the Community Planning Act as the basic planning statement, rural plan, zoning regulation or other regulation, as the case may be, of the rural community or portion of the rural community,
(p) prescribe transitional provisions in relation to a local service district or municipality that is abolished or altered as a result of the incorporation or change in the boundaries of a rural community, including adjustments of assets and liabilities, and
(q) provide for all matters necessary or incidental to the incorporation, amalgamation, annexation or decrement.
190.073(2)If an area is incorporated as a rural community under section 190.072, any service listed in the First Schedule provided in the area shall, subject to a provision under paragraph (1)(f) or (g), continue to be provided by the Minister in the rural community or that portion of the rural community until the service is discontinued pursuant to a regulation under paragraph 190.09(1)(s) or a by-law is enacted under subsection 190.079(1).
190.073(3)If a service, whether provided by the Minister or the rural community, is discontinued in a rural community or any portion of a rural community, all liabilities associated with the service continue until discharged.
190.073(4)If a rural community has not enacted a by-law under subsection 190.079(1) authorizing it to provide a garbage and refuse collection and disposal service, and notwithstanding that the rural community or any area within the rural community has not been established in accordance with this Act for the provision of a garbage and refuse collection and disposal service by the Minister, the Minister may, in accordance with regulations made under section 191 and without following the procedure set out in a regulation made under paragraph 190.09(1)(s), provide that service in the rural community or in any area within the rural community, if the rural community or area is within the territory serviced by a regional solid waste commission established under section 15.3 of the Clean Environment Act.
190.073(5)If the Minister provides a garbage and refuse collection and disposal service under subsection (4), the Minister may do so by entering into an agreement with the regional solid waste commission established under section 15.3 of the Clean Environment Act and the Minister shall raise the money required for provision of the service in accordance with section 190.082.
190.073(5.1)If a rural community has not enacted a by-law under subsection 96(1) authorizing it to provide a dog control service, and notwithstanding that the rural community or any area within the rural community has not been established in accordance with this Act for the provision of a dog control service by the Minister, the Minister may, in accordance with regulations made under section 191 and without following the procedure set out in a regulation made under paragraph 190.09(1)(s), provide that service in the rural community or in any area within the rural community.
190.073(5.2)The Minister shall raise the money required for provision of a dog control service in accordance with section 190.082.
190.073(6)If a regulation is made under section 190.072, the Lieutenant-Governor in Council may
(a) amend or repeal a rural plan or any other regulation made under the Community Planning Act to make adjustments respecting areas affected by the incorporation of the rural community, and
(b) amend or repeal a regulation made under section 23.1 or 190.072 to make adjustments in respect of the boundaries of any local service district or rural community affected by the incorporation of the new rural community.
190.073(7)The amalgamation of two or more rural communities does not affect the by-laws then in force in each of the former rural communities, and they remain in force in each former rural community until repealed by the rural community council of the new rural community.
190.073(8)Subject to section 19.2, when an area is annexed to a rural community, the by-laws of the rural community extend to the annexed area.
190.073(9)When the territorial limits of a rural community are decreased, the by-laws of the former rural community apply to the new rural community.
190.073(10)Subsection 77(11) of the Community Planning Act does not apply to paragraph (6)(a).
2005, c.7, s.49; 2009, c.19, s.2
Rural communities
190.073(1)On the recommendation of the Minister, the Lieutenant-Governor in Council may, in a regulation under section 190.072,
(a) prescribe the effective date of the incorporation, amalgamation, annexation or decrement of the rural community,
(b) prescribe the name of the rural community,
(c) prescribe the boundaries of the rural community,
(d) for the purpose of the first election, provide for
(i) the composition of the first rural community council and local commissions,
(ii) the holding of elections, either before or subsequent to the effective date of the incorporation, amalgamation, annexation or decrement,
(iii) polling divisions,
(iv) the fixing of days for nominations, either before or subsequent to the effective date of the incorporation, amalgamation, annexation or decrement,
(v) the fixing of a day for the holding of the first election,
(vi) the qualifications of candidates and voters,
(vii) the preparation of voters lists,
(viii) the fixing of a day for the taking of the oath of office,
(ix) the fixing of days for first meetings of the rural community council and local commissions, and
(x) such other matters as are deemed necessary to provide for the effective administration of the new rural community or any of its local commissions,
(e) if a first election is held under paragraph (d) to elect a first rural community council prior to the effective date of the incorporation, amalgamation, annexation or decrement, fix the remuneration of the members of the first rural community council for the period falling between the taking of the oath of office and the effective date of the incorporation, amalgamation, annexation or decrement,
(f) prescribe which services listed in the First Schedule are to be provided by the Minister in the rural community or any portion of it,
(g) prescribe land use planning as a service that shall be provided in the rural community by the rural community,
(h) make adjustments in relation to the provision of services for a local service district or other rural community affected by the incorporation, amalgamation, annexation or decrement,
(i) make adjustments of assets and liabilities between rural communities affected by the regulation under section 190.072 as the rural communities agree upon or, in default of agreement, as the Lieutenant-Governor in Council deems equitable,
(j) create, amalgamate or dissolve local commissions and make adjustments of assets and liabilities of local commissions as they agree upon or, in default of agreement, as the Lieutenant-Governor in Council deems equitable,
(k) appoint one or more persons who have all the powers of a commissioner appointed under the Inquiries Act to inquire into and report to the Lieutenant-Governor in Council upon the adjustments of assets and liabilities referred to in paragraphs (i) and (j),
(l) prescribe the number of members on the rural community council,
(m) provide for the election of rural community councillors at large, by ward, or a combination of the two,
(n) divide the rural community into wards,
(o) designate any rural plan under subsection 77(2.1) of the Community Planning Act, any portion of a rural plan or any other regulation under the Community Planning Act or a rural plan adopted under subsection 77.2(1) of the Community Planning Act as the basic planning statement, rural plan, zoning regulation or other regulation, as the case may be, of the rural community or portion of the rural community,
(p) prescribe transitional provisions in relation to a local service district or municipality that is abolished or altered as a result of the incorporation or change in the boundaries of a rural community, including adjustments of assets and liabilities, and
(q) provide for all matters necessary or incidental to the incorporation, amalgamation, annexation or decrement.
190.073(2)If an area is incorporated as a rural community under section 190.072, any service listed in the First Schedule provided in the area shall, subject to a provision under paragraph (1)(f) or (g), continue to be provided by the Minister in the rural community or that portion of the rural community until the service is discontinued pursuant to a regulation under paragraph 190.09(1)(s) or a by-law is enacted under subsection 190.079(1).
190.073(3)If a service, whether provided by the Minister or the rural community, is discontinued in a rural community or any portion of a rural community, all liabilities associated with the service continue until discharged.
190.073(4)If a rural community has not enacted a by-law under subsection 190.079(1) authorizing it to provide a garbage and refuse collection and disposal service, and notwithstanding that the rural community or any area within the rural community has not been established in accordance with this Act for the provision of a garbage and refuse collection and disposal service by the Minister, the Minister may, in accordance with regulations made under section 191 and without following the procedure set out in a regulation made under paragraph 190.09(1)(s), provide that service in the rural community or in any area within the rural community, if the rural community or area is within the territory serviced by a regional solid waste commission established under section 15.3 of the Clean Environment Act.
190.073(5)If the Minister provides a garbage and refuse collection and disposal service under subsection (4), the Minister may do so by entering into an agreement with the regional solid waste commission established under section 15.3 of the Clean Environment Act and the Minister shall raise the money required for provision of the service in accordance with section 190.082.
190.073(6)If a regulation is made under section 190.072, the Lieutenant-Governor in Council may
(a) amend or repeal a rural plan or any other regulation made under the Community Planning Act to make adjustments respecting areas affected by the incorporation of the rural community, and
(b) amend or repeal a regulation made under section 23.1 or 190.072 to make adjustments in respect of the boundaries of any local service district or rural community affected by the incorporation of the new rural community.
190.073(7)The amalgamation of two or more rural communities does not affect the by-laws then in force in each of the former rural communities, and they remain in force in each former rural community until repealed by the rural community council of the new rural community.
190.073(8)Subject to section 19.2, when an area is annexed to a rural community, the by-laws of the rural community extend to the annexed area.
190.073(9)When the territorial limits of a rural community are decreased, the by-laws of the former rural community apply to the new rural community.
190.073(10)Subsection 77(11) of the Community Planning Act does not apply to paragraph (6)(a).
2005, c.7, s.49