Acts and Regulations

M-22 - Municipalities Act

Full text
Establishment of local service district
24(1)Where
(a) twenty-five or more residents of an area outside the territorial limits of a municipality or a rural community who are qualified to vote under the Elections Act petition the Minister seeking the establishment of that area as a local service district for the provision of a service, or
(b) the Minister considers that the feasibility of establishing an area outside the territorial limits of a municipality or a rural community as a local service district for the provision of a service ought to be explored,
the Minister shall within thirty days define the boundaries of the proposed local service district and call a meeting, as prescribed by regulation, of all those residents of the area who are qualified to vote under the Elections Act.
24(2)Where at the meeting held under subsection (1)
(a) at least
(i) fifty people, or
(ii) thirty per cent ofthe people,
who are eligible under subsection (1) to attend the meeting, whichever is the lesser, are in attendance, and
(b) a majority of those in attendance decides in favour of the establishment of a local service district for the provision of a service,
the Lieutenant-Governor in Council, on the recommendation of the Minister, may establish the area as a local service district for the provision of that service.
24(3)Where a meeting is held under subsection (1), no person shall petition the Minister for the establishment of a local service district that relates to the area within the boundaries defined by the Minister under subsection (1) for a period of one year after the date of the petition mentioned in subsection (1).
24(4)Where the conditions set out in paragraphs (2)(a) and (b) are not met, the Minister may adjourn the meeting to a fixed date.
24(5)Where
(a) twenty-five or more residents of an area contiguous to a local service district who are qualified to vote under the Elections Act petition the Minister for the addition of the area to the district;
(b) twenty-five or more residents of a local service district who are qualified to vote under the Elections Act petition the Minister
(i) for the annexation to the district of an area contiguous to the district,
(ii) for the amalgamation of two or more local service districts, or
(iii) for a change in the boundaries of the district; or
(c) the Minister is of the opinion that a meeting of the residents of a local service district or area contiguous thereto who are qualified to vote under the Elections Act ought to be called to decide any of the matters mentioned in paragraph (a) or (b);
the Minister shall call a meeting as prescribed by regulation of those residents who, in the opinion of the Minister, are most affected by the proposal and who are qualified to vote under the Elections Act.
24(6)Subsections (2), (3) and (4) apply mutatis mutandis to meetings held under subsection (5).
24(6.1)Notwithstanding paragraph (5)(a), subparagraph (b)(i) or paragraph (c), if more than one area is to be annexed to a local service district and those areas constitute a group, the Minister may annex the group to the local service district if
(a) the areas considered as a group are contiguous to each other, and
(b) at least one area of the group is contiguous to the local service district.
24(6.2)For the purpose of this Act and the regulations, an area referred to in subsection (6.1) shall be deemed an area contiguous to a local service district.
24(7)Where a change is made in the boundaries of a local service district under this section, a service that is provided at the time the boundary change is made shall continue to be provided unless the service is discontinued pursuant to section 25.
24(8)The date for determining whether the elector qualifications under the Elections Act are met shall be the date of the making of the petition or the calling of the meeting, as the case may be.
1966, c.20, s.25; 1968, c.41, s.4; 1973, c.60, s.4, 8; 1983, c.56, s.2; 1989, c.27, s.3; 1996, c.77, s.3; 1997, c.47, s.2; 2005, c.7, s.49; 2012, c.44, s.11
Establishment of local service district
24(1)Where
(a) twenty-five or more residents of an area outside the territorial limits of a municipality or a rural community who are qualified to vote under the Elections Act petition the Minister seeking the establishment of that area as a local service district for the provision of a service, or
(b) the Minister considers that the feasibility of establishing an area outside the territorial limits of a municipality or a rural community as a local service district for the provision of a service ought to be explored,
the Minister shall within thirty days define the boundaries of the proposed local service district and call a meeting, as prescribed by regulation, of all those residents of the area who are qualified to vote under the Elections Act.
24(2)Where at the meeting held under subsection (1)
(a) at least
(i) fifty people, or
(ii) thirty per cent ofthe people,
who are eligible under subsection (1) to attend the meeting, whichever is the lesser, are in attendance, and
(b) a majority of those in attendance decides in favour of the establishment of a local service district for the provision of a service,
the Lieutenant-Governor in Council, on the recommendation of the Minister, may establish the area as a local service district for the provision of that service.
24(3)Where a meeting is held under subsection (1), no person shall petition the Minister for the establishment of a local service district that relates to the area within the boundaries defined by the Minister under subsection (1) for a period of one year after the date of the petition mentioned in subsection (1).
24(4)Where the conditions set out in paragraphs (2)(a) and (b) are not met, the Minister may adjourn the meeting to a fixed date.
24(5)Where
(a) twenty-five or more residents of an area contiguous to a local service district who are qualified to vote under the Elections Act petition the Minister for the addition of the area to the district;
(b) twenty-five or more residents of a local service district who are qualified to vote under the Elections Act petition the Minister
(i) for the annexation to the district of an area contiguous to the district,
(ii) for the amalgamation of two or more local service districts, or
(iii) for a change in the boundaries of the district; or
(c) the Minister is of the opinion that a meeting of the residents of a local service district or area contiguous thereto who are qualified to vote under the Elections Act ought to be called to decide any of the matters mentioned in paragraph (a) or (b);
the Minister shall call a meeting as prescribed by regulation of those residents who, in the opinion of the Minister, are most affected by the proposal and who are qualified to vote under the Elections Act.
24(6)Subsections (2), (3) and (4) apply mutatis mutandis to meetings held under subsection (5).
24(6.1)Notwithstanding paragraph (5)(a), subparagraph (b)(i) or paragraph (c), if more than one area is to be annexed to a local service district and those areas constitute a group, the Minister may annex the group to the local service district if
(a) the areas considered as a group are contiguous to each other, and
(b) at least one area of the group is contiguous to the local service district.
24(6.2)For the purpose of this Act and the regulations, an area referred to in subsection (6.1) shall be deemed an area contiguous to a local service district.
24(7)Where a change is made in the boundaries of a local service district under this section, a service that is provided at the time the boundary change is made shall continue to be provided unless the service is discontinued pursuant to section 25.
24(8)The date for determining whether the elector qualifications under the Elections Act are met shall be the date of the making of the petition or the calling of the meeting, as the case may be.
1966, c.20, s.25; 1968, c.41, s.4; 1973, c.60, s.4, 8; 1983, c.56, s.2; 1989, c.27, s.3; 1996, c.77, s.3; 1997, c.47, s.2; 2005, c.7, s.49; 2012, c.44, s.11
Establishment of local service district
24(1)Where
(a) twenty-five or more residents of an area outside the territorial limits of a municipality or a rural community who are qualified to vote under the Elections Act petition the Minister seeking the establishment of that area as a local service district for the provision of a service, or
(b) the Minister considers that the feasibility of establishing an area outside the territorial limits of a municipality or a rural community as a local service district for the provision of a service ought to be explored,
the Minister shall within thirty days define the boundaries of the proposed local service district and call a meeting, as prescribed by regulation, of all those residents of the area who are qualified to vote under the Elections Act.
24(2)Where at the meeting held under subsection (1)
(a) at least
(i) fifty people, or
(ii) thirty per cent ofthe people,
who are eligible under subsection (1) to attend the meeting, whichever is the lesser, are in attendance, and
(b) a majority of those in attendance decides in favour of the establishment of a local service district for the provision of a service,
the Lieutenant-Governor in Council, on the recommendation of the Minister, may establish the area as a local service district for the provision of that service.
24(3)Where a meeting is held under subsection (1), no person shall petition the Minister for the establishment of a local service district that relates to the area within the boundaries defined by the Minister under subsection (1) for a period of one year after the date of the petition mentioned in subsection (1).
24(4)Where the conditions set out in paragraphs (2)(a) and (b) are not met, the Minister may adjourn the meeting to a fixed date.
24(5)Where
(a) twenty-five or more residents of an area contiguous to a local service district who are qualified to vote under the Elections Act petition the Minister for the addition of the area to the district;
(b) twenty-five or more residents of a local service district who are qualified to vote under the Elections Act petition the Minister
(i) for the annexation to the district of an area contiguous to the district,
(ii) for the amalgamation of two or more local service districts, or
(iii) for a change in the boundaries of the district; or
(c) the Minister is of the opinion that a meeting of the residents of a local service district or area contiguous thereto who are qualified to vote under the Elections Act ought to be called to decide any of the matters mentioned in paragraph (a) or (b);
the Minister shall call a meeting as prescribed by regulation of those residents who, in the opinion of the Minister, are most affected by the proposal and who are qualified to vote under the Elections Act.
24(6)Subsections (2), (3) and (4) apply mutatis mutandis to meetings held under subsection (5).
24(7)Where a change is made in the boundaries of a local service district under this section, a service that is provided at the time the boundary change is made shall continue to be provided unless the service is discontinued pursuant to section 25.
24(8)The date for determining whether the elector qualifications under the Elections Act are met shall be the date of the making of the petition or the calling of the meeting, as the case may be.
1966, c.20, s.25; 1968, c.41, s.4; 1973, c.60, s.4, 8; 1983, c.56, s.2; 1989, c.27, s.3; 1996, c.77, s.3; 1997, c.47, s.2; 2005, c.7, s.49