Acts and Regulations

2002-76 - Madawaska Planning District

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Revoked on 1 January 2013
NEW BRUNSWICK
REGULATION 2002-76
under the
Community Planning Act
Filed September 18, 2002
Under subsection 5(2) of the Community Planning Act, the Minister makes the following Order:
Repealed: 2012, c.44, s.5
Citation
1This Order may be cited as the Madawaska Planning District Order - Community Planning Act.
Definitions
2In this Order
“combined local service district tax base” means the amount that represents the total of the local service districts tax bases of the unincorporated area in the District; (assiette fiscale de district de services locaux combinée)
“Commission” means the Madawaska District Planning Commission established under section 4; (Commission)
“District” means the Madawaska Planning District established under section 3; (District)
“local service district tax base” means a local service district tax base as defined in the Municipalities Act; (assiette fiscale de district de services locaux)
“municipal tax base” means a municipal tax base as defined in the Municipalities Act; (assiette fiscale municipale)
“total tax base” means the amount that represents the total of the combined local service district tax base and the municipal tax base of Edmundston, Baker-Brook, Clair, Lac Baker, Village of Rivière-Verte, Village of Saint-François de Madawaska and Village de St. Hilaire. (assiette fiscale totale)
2009-111; 2010-154
Establishment of District
3(1)The Madawaska Planning District is established.
3(2)The boundaries of the District are defined as follows:
Beginning at the point where the parish line between the parishes of Rivière-Verte and Sainte-Anne meets the international boundary line between Canada and the United States of America; thence northeasterly along the various courses of the said parish line to a point on the county line between the counties of Madawaska and Restigouche; thence northwesterly along the said county line to the inter-provincial boundary line between the provinces of New Brunswick and Quebec; thence southerly and southwesterly along the various courses of the said inter-provincial boundary line to the aforesaid international boundary line; thence southeasterly and northeasterly along the various courses of the said international boundary line to the point of beginning, including the municipalities of Edmundston, Baker-Brook, Clair, Lac Baker, Village de St. Hilaire, Village of Saint-François de Madawaska and Village of Rivière-Verte.
2009-111; 2010-154
Establishment of Commission
4(1)The Madawaska District Planning Commission is established as the district planning commission for the District.
4(2)The membership of the Commission is 16.
Members of Commission
5(1)The members of the Commission shall be appointed as follows:
(a) by the council of Edmundston, 8;
(b) by the councils of Baker-Brook, Clair, Lac Baker, Village of Rivière-Verte, Village of Saint-François de Madawaska and Village de St. Hilaire, one each; and
(c) by the Minister, 2.
5(2)Repealed: 2010-154
5(3)A member of the Commission shall hold office at the pleasure of the Minister or the council that appointed the member.
5(4)When a member of the Commission dies, resigns or vacates or is removed from office, the Minister or the council that appointed the member shall appoint another person to replace that member, and such person shall hold office at the pleasure of the Minister or the council that appointed the member, as the case may be, for the remainder of the term of the member who is replaced.
5(5)On the expiration of the term of office of a member of the Commission, the Minister or the council that appointed the member shall reappoint the member whose term has expired or appoint a new member for a term of office expiring on the first day of June three years later.
2009-111; 2010-154
Contribution of funds to Commission
6The proportions in which funds are to be contributed to the Commission by the councils of Edmundston, Baker-Brook, Clair, Lac Baker, Village of Rivière-Verte, Village of Saint-François de Madawaska and Village de St. Hilaire and by the Minister for the unincorporated areas in the District to meet the expenses of the Commission shall be as follows:
(a) by the council of Edmundston, in proportion to the percentage that the municipal tax base of Edmundston for the previous year bears to the total tax base for the previous year;
(b) by the council of Baker-Brook, in proportion to the percentage that the municipal tax base of Baker-Brook for the previous year bears to the total tax base for the previous year;
(c) by the council of Clair, in proportion to the percentage that the municipal tax base of Clair for the previous year bears to the total tax base for the previous year;
(d) by the council of Lac Baker, in proportion to the percentage that the municipal tax base of Lac Baker for the previous year bears to the total tax base for the previous year;
(e) by the council of the Village of Rivière-Verte, in proportion to the percentage that the municipal tax base of the Village of Rivière-Verte for the previous year bears to the total tax base for the previous year;
(f) by the council of the Village of Saint-François de Madawaska, in proportion to the percentage that the municipal tax base of the Village of Saint-François de Madawaska for the previous year bears to the total tax base for the previous year;
(g) by the council of the Village de St. Hilaire, in proportion to the percentage that the municipal tax base of the Village de St. Hilaire for the previous year bears to the total tax base for the previous year; and
(h) by the Minister, in proportion to the percentage that the combined local service district tax base for the previous year bears to the total tax base for the previous year.
2009-111; 2010-154
Transitional provisions
7(1)All rights, powers, real and personal property, duties, responsibilities and liabilities of the body corporate known as the Madawaska District Planning Commission established under the Order respecting the Madawaska Planning District dated January 4, 1983, are without further action, transferred to, vested in, and may be exercised, dealt with, disposed of or discharged by the Madawaska District Planning Commission established under section 4.
7(2)The body corporate known as the Madawaska District Planning Commission established under the Order respecting the Madawaska Planning District dated January 4, 1983, is dissolved.
7(3)All appointments of members of the Madawaska District Planning Commission established under the Order respecting the Madawaska Planning District dated January 4, 1983, are revoked.
7(4)All contracts, agreements and orders relating to allowances, fees, salaries, expenses, compensation and remuneration to be paid to members of the Madawaska District Planning Commission dissolved under subsection (2) are null and void.
7(5)Notwithstanding the provisions of any contract, agreement or order, no allowance, fee, salary, expenses, compensation or remuneration shall be paid to a member of the Madawaska District Planning Commission dissolved under subsection (2).
7(6)No action, application or other proceeding lies or shall be instituted against the Minister or the Crown in right of the Province as a result of the dissolution of the Madawaska District Planning Commission under subsection (2) or the revocation of appointments under subsection (3).
7(7)Any decision, determination, direction, declaration, order or ruling of the Madawaska District Planning Commission dissolved under subsection (2) that is valid and of full force and effect immediately before the commencement of this Order continues to be valid and of full force and effect, notwithstanding the dissolution of the Madawaska District Planning Commission under subsection (2) and shall be deemed to be the decision, determination, direction, declaration, order or ruling of the Madawaska District Planning Commission established under section 4.
7(8)After the commencement of this Order, any proceeding, hearing, matter or thing commenced by the Madawaska District Planning Commission dissolved under subsection (2) may be dealt with and completed by the Madawaska District Planning Commission established under section 4.
7(9)The documentation, information, records and files pertaining to any proceeding, hearing, matter or thing to be dealt with under subsection (8) by the Madawaska District Planning Commission established under section 4 become the documentation, information, records and files of that Commission on the commencement of this Order.
7(10)Any reference to the Madawaska District Planning Commission established in the Order respecting the Madawaska Planning District dated January 4, 1983, in any Order other than this Order, in any regulation under an Act of the Legislature or in any other instrument or document shall be read as a reference to the Madawaska District Planning Commission established under section 4, unless the context otherwise requires.
Previous Order rescinded
8The Order respecting the Madawaska Planning District dated January 4, 1983, is rescinded.
Commencement
9This Order comes into force on September 18, 2002.
N.B. This Regulation is consolidated to January 1, 2013.