Acts and Regulations

2014-34 - Regional Municipality of Grand Tracadie-Sheila

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NEW BRUNSWICK
REGULATION 2014-34
under the
Municipalities Act
(O.C. 2014-85)
Filed March 28, 2014
Under sections 15.1 and 190.092 of the Municipalities Act, on the recommendation of the Minister, the Lieutenant-Governor in Council makes the following Regulation:
Citation
1This Regulation may be cited as the Regional Municipality of Grand Tracadie-Sheila Regulation - Municipalities Act.
Definition of “Act”
2In this Regulation, “Act” means the Municipalities Act.
Incorporation of Grand Tracadie-Sheila
3The town called Tracadie-Sheila is dissolved and the area comprising the former town called Tracadie-Sheila and the following local service districts or parts of local service districts is incorporated as a regional municipality and the name of the regional municipality is Grand Tracadie-Sheila:
(a) Benoit;
(b) Brantville;
(c) Gauvreau-Petit Tracadie;
(d) Upper Portage River (Haut-Rivière-du-Portage);
(e) Haut-Sheila;
(f) Leech;
(g) Pointe-à-Bouleau;
(h) Pont La-France;
(i) Sainte-Rose;
(j) Pont Landry;
(k) Rivière à la Truite;
(l) Portage River-Tracadie Beach;
(m) Saumarez;
(n) the local service district of the Parish of Saumarez;
(o) Saint Irénée and Alderwood;
(p) Saint-Pons;
(q) the parish of Inkerman;
(r) Val-Comeau;
(s) a portion of Tabusintac;
(t) a portion of Inkerman Centre.
Territorial limits of Grand Tracadie-Sheila
4The territorial limits of Grand Tracadie-Sheila are shown on the plan attached as Schedule A.
Body corporate
5The inhabitants of the area shown on the plan attached as Schedule A are a body corporate called Grand Tracadie-Sheila.
Effective date of incorporation
6The effective date of the incorporation of Grand Tracadie-Sheila as a regional municipality is July 1, 2014.
Assets and liabilities of Tracadie-Sheila
7As of July 1, 2014, the assets and liabilities of the former town called Tracadie-Sheila are assets and liabilities of the regional municipality of Grand Tracadie-Sheila, and Grand Tracadie-Sheila for all purposes stands in the place and stead of the former town called Tracadie-Sheila.
Assets and liabilities of local service districts or parts of local service districts
8As of July 1, 2014, the assets and liabilities of the former local service districts or parts of local service districts referred to in paragraphs 3(a) to (t) are assets and liabilities of the regional municipality of Grand Tracadie-Sheila, and Grand Tracadie-Sheila for all purposes stands in the place and stead of those local service districts or parts of local service districts.
By-laws of Tracadie-Sheila
9The dissolution of the former town called Tracadie-Sheila does not affect the by-laws in force in the former town, and the by-laws continue to apply to that portion of the regional municipality of Grand Tracadie-Sheila that comprised the former town called Tracadie-Sheila until repealed by the regional municipality council of the regional municipality of Grand Tracadie-Sheila.
Services in Tracadie-Sheila
10(1)Subject to subsection (2), the dissolution of the former town called Tracadie-Sheila does not affect the delivery of the following services that were provided in the former town, and the regional municipality of Grand Tracadie-Sheila shall continue to provide these services in that portion of the regional municipality of Grand Tracadie-Sheila that comprised the former town called Tracadie-Sheila:
(a) drainage;
(b) fire protection;
(c) non-fire related rescue;
(d) garbage and refuse collection and disposal;
(e) sewerage;
(f) sidewalks;
(g) roads and streets;
(h) regulation of traffic;
(i) street lighting;
(j) water;
(k) parks;
(l) community services;
(m) tourist promotion and development;
(n) industrial development and promotion;
(o) urban redevelopment and urban renewal;
(p) recreational and sports facilities;
(q) recreational and sports programs;
(r) services provided by or through a regional service commission; and
(s) police protection.
10(2)The regional municipality of Grand Tracadie-Sheila may discontinue the provision of a service referred to in subsection (1) in accordance with section 28 of the Rural Community Administration Regulation - Municipalities Act.
First election
11(1)For the purpose of the first election in Grand Tracadie-Sheila
(a) the notice of election shall be published no later than March 29, 2014,
(b) the nomination of candidates shall close at 2 p.m. on April 17, 2014,
(c) the election shall be held on May 12, 2014, and
(d) the taking of the oath of office and the first meeting of the regional municipality council shall be held on May 26, 2014.
11(2)Despite paragraph (1)(d), if a quorum of the regional municipality council cannot be constituted on May 26, 2014, as a result of a petition requesting a recount under section 42 of the Municipal Elections Act, the taking of the oath of office and the first meeting of the regional municipality council shall be held within ten days after the candidates have been declared elected under the Municipal Elections Act.
Council composition
12The regional municipality council of Grand Tracadie-Sheila shall be composed of the following members:
(a) the regional municipality mayor;
(b) one regional municipality councillor elected from Ward 1, Ward 2, Ward 3, Ward 4, Ward 5 and Ward 6 referred to in section 13; and
(c) two regional municipality councillors elected from Ward 7 and Ward 8 referred to in section 13.
Wards
13The territorial limits of Grand Tracadie-Sheila are divided into Ward 1, Ward 2, Ward 3, Ward 4, Ward 5, Ward 6, Ward 7 and Ward 8, each of which is shown on the plan attached as Schedule A.
Service provided by Minister
14The service of police protection is prescribed as a service to be provided by the Minister throughout the portions of the regional municipality that comprised the former local service districts or parts of local service districts referred to in paragraphs 3(a) to (t).
Land use planning
15The service of land use planning, as well as all of the services listed in Schedule A of the Rural Community Services Regulation - Municipalities Act, with the exception of police protection, are prescribed as services that shall be provided by Grand Tracadie-Sheila throughout the entire regional municipality.
Regulations under the Community Planning Act
16(1)On the incorporation of Grand Tracadie-Sheila, the Provincial Building Regulation, 2002 - Community Planning Act applies to that portion of the regional municipality that comprised the former town called Tracadie-Sheila until the regional municipality enacts a building by-law under section 59 of the Community Planning Act that is applicable to that portion of the regional municipality.
16(2)On the incorporation of Grand Tracadie-Sheila, the Provincial Subdivision Regulation - Community Planning Act applies to that portion of the regional municipality that comprised the former town called Tracadie-Sheila until the regional municipality enacts a subdivision by-law under section 42 of the Community Planning Act that is applicable to that portion of the regional municipality.
Borrowing authority
17Despite any provision of the Act or the Municipal Capital Borrowing Act, on July 1, 2014, any outstanding authority of the former town called Tracadie-Sheila to borrow money granted and approved under the Municipal Capital Borrowing Act shall continue in the name of the regional municipality of Grand Tracadie-Sheila.
Community funding and equalization grant
18Despite any provision of the Act or the Community Funding Act, after July 1, 2014, the Minister shall pay or credit, as the case may be, to the regional municipality of Grand Tracadie-Sheila amounts under the Community Funding Act that are owed to or owed to the credit of the local service districts or parts of local service districts referred to in paragraphs 3(a) to (t) and the former town called Tracadie-Sheila.
Commencement
19This Regulation comes into force on March 28, 2014.
SCHEDULE A