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Acts and Regulations

2008-67 - Belledune Planning District

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NEW BRUNSWICK

REGULATION 2008-67

under the

Community Planning Act

Filed June 4, 2008

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Repealed: 2012, c.44, s.5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 Belledune Planning District Order - Community Planning Act.

Definitions

2The following definitions apply in 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 Belledune District Planning Commission continued under section 4. (Commission)

“District” means the Belledune 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 Belledune, Village de Pointe-Verte, Petit-Rocher, Nigadoo and Beresford.(assiette fiscale totale)

2009-112

Establishment of District

3(1)The Belledune Planning District is established.

3(2)The boundaries of the District are defined as follows:

Northern, being the southern banks or shores of Chaleur Bay, including all wharves, piers, docks, bridges, causeways, breakwaters and other similar structures contiguous to said banks or shores, and the boundaries of City of Bathurst, excluding City of Bathurst; eastern, being the western limits of the Acadian Peninsula Planning District, the boundaries of which are defined in section 3 of the Order Respecting the Acadian Peninsula Planning District dated April 17, 1979; southern, being a central portion of the northern limits of the Miramichi Planning District, the boundaries of which are defined in subsection 3(2) of New Brunswick Regulation 97-46 under the Community Planning Act; and western, being the eastern limits and an easterly portion of the southern limits of the Restigouche Planning District, the boundaries of which are defined in subsection 3(2) of New Brunswick Regulation 97-140 under the Community Planning Act; and comprising Belledune, Village de Pointe-Verte, Petit-Rocher, Nigadoo and Beresford.

2009-112

Continuation of Commission

4(1)The Belledune District Planning Commission established under an Order respecting the Belledune District Planning Commission dated March 1, 1995, is continued under the name Belledune District Planning Commission as the district planning commission for the District.

4(2)The membership of the Commission is 14.

Members of Commission

5(1)The members of the Commission are appointed as follows:

(a) by the councils of Belledune, Village de Pointe-Verte, Petit-Rocher, Nigadoo and Beresford, 2 each; and

(b) by the Minister, 4.

5(2)On the commencement of subsection (1), the Minister shall appoint a new member of the Commission and the term of office of the member shall expire January 1, 2011.

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 January 3 years later.

2009-112

Contribution of funds to Commission

6The proportions in which funds are to be contributed to the Commission by the councils of Belledune, Village de Pointe-Verte, Petit-Rocher, Nigadoo and Beresford 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 Belledune, in proportion to the percentage that the municipal tax base of Belledune for the previous year bears to the total tax base for the previous year;

(b) by the council of the Village de Pointe-Verte, in proportion to the percentage that the municipal tax base of the Village de Pointe-Verte for the previous year bears to the total tax base for the previous year;

(c) by the council of Petit-Rocher, in proportion to the percentage that the municipal tax base of Petit-Rocher for the previous year bears to the total tax base for the previous year;

(d) by the council of Nigadoo, in proportion to the percentage that the municipal tax base of Nigadoo for the previous year bears to the total tax base for the previous year;

(e) by the council of Beresford, in proportion to the percentage that the municipal tax base of Beresford for the previous year bears to the total tax base for the previous year; and

(f) 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.

2009-112

Transitional provisions

7(1)The members of the Belledune District Planning Commission established under an Order respecting the Belledune District Planning Commission dated March 1, 1995, that held office immediately before the commencement of this Order are deemed to have been appointed under the authority of subsection 5(1) of this Order and continue to hold office, subject to the provisions of this Order, until they are reappointed or replaced.

7(2)All contracts, agreements and orders relating to allowances, fees, salaries, expenses, compensation and remuneration to be paid to members of the Belledune District Planning Commission whose appointments were deemed to be continued under subsection (1) continue to be in effect.

Previous Order rescinded

8The Order respecting the Belledune District Planning Commission, dated March 1, 1995, is rescinded.

Commencement

9This Order comes into force on July 1, 2008.

N.B. This Regulation is consolidated to January 1, 2013.