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Under subsection 5(2) of the Community Planning Act, the Minister makes the following Order:

1998, c.41, s.33

1This Order may be cited as the Restigouche Planning District Order - Community Planning Act.

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;

“Commission” means the Restigouche Planning District Commission continued under section 4;

“District” means the Restigouche Planning District established under section 3;

“local service district tax base” means local service district tax base as defined in the Municipalities Act;

“Minister” Repealed: 1998, c.41, s.33

“municipal tax base” means municipal tax base as defined in the Municipalities Act;

“total tax base” means the amount that represents the total of the combined local service district tax base and the municipal tax base of City of Campbellton, Town of Dalhousie, Village of Atholville, Village of Balmoral, Village of Charlo, Village of Eel River Crossing and Village of Tide Head.

1998, c.41, s.33

3(1)The Restigouche 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 Colborne and Durham meets the southern banks or shores of Chaleur Bay; thence southerly along the said parish line, crossing Route 180, to a point on the county line between the counties of Gloucester and Restigouche; thence southwesterly and northwesterly along the various courses of the Restigouche County line to a point on the provincial boundary between the Province of New Brunswick and Quebec; thence northerly and northeasterly along the various courses of the said provincial boundary to a point on the northerly prolongation of the parish line between the parishes of Colborne and Durham in the Chaleur Bay; thence southerly along the said prolongation to the place of beginning, excluding the Village of Kedgwick and the town of Saint-Quentin.

4(1)The Restigouche District Planning Commission established under an Order Respecting the Restigouche Planning District, March 1, 1983, is continued under the name of Restigouche Planning District Commission as the district planning commission for the District.

4(2)The membership of the Commission is twenty-one.

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

(a) by the council of City of Campbellton, five;

(b) by the council of Town of Dalhousie, five;

(c) by the council of Village of Atholville, two;

(d) by the councils of Village of Balmoral, Village of Charlo, Village of Eel River Crossing and Village of Tide Head, one each; and

(e) by the Minister, five.

5(2)The terms of office of members of the Commission are as follows:

(a) of the members appointed by the Minister,

(i) two members shall be appointed for a term of office expiring March 1, 1998,

(ii) two members shall be appointed for a term of office expiring March 1, 1999, and

(iii) one member shall be appointed for a term of office expiring March 1, 2000;

(b) of the members appointed by the council of City of Campbellton,

(i) two members shall be appointed for a term of office expiring March 1, 1998,

(ii) two members shall be appointed for a term of office expiring March 1, 1999, and

(iii) one member shall be appointed for a term of office expiring March 1, 2000;

(c) of the members appointed by the council of Town of Dalhousie,

(i) two members shall be appointed for a term of office expiring March 1, 1998,

(ii) two members shall be appointed for a term of office expiring March 1, 1999, and

(iii) one member shall be appointed for a term of office expiring March 1, 2000;

(d) of the members appointed by the council of Village of Atholville

(i) one member shall be appointed for a term of office expiring March 1, 1998; and

(ii) one member shall be appointed for a term of office expiring March 1, 1999;

(e) the member appointed by the council of Village of Balmoral shall be appointed for a term of office expiring March 1, 2000;

(f) the member appointed by the council of Village of Charlo shall be appointed for a term of office expiring March 1, 2000;

(g) the member appointed by the council of Village of Eel River Crossing shall be appointed for a term of office expiring March 1, 2000;

(h) the member appointed by the council of Village of Tide Head shall be appointed for a term of office expiring March 1, 2000.

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 March three years later.

6The proportions in which funds are to be contributed to the Commission by the councils of City of Campbellton, Town of Dalhousie, Village of Atholville, Village of Balmoral, Village of Charlo, Village of Eel River Crossing and Village of Tide Head 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 City of Campbellton, in proportion to the percentage that the municipal tax base of City of Campbellton for the previous year bears to the total tax base,

(b) by the council of Town of Dalhousie, in proportion to the percentage that the municipal tax base of Town of Dalhousie for the previous year bears to the total tax base,

(c) by the council of Village of Atholville, in proportion to the percentage that the municipal tax base of Village of Atholville for the previous year bears to the total tax base,

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

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

(f) by the council of Village of Eel River Crossing, in proportion to the percentage that the municipal tax base of Village of Eel River Crossing for the previous year bears to the total tax base.

(g) by the council of Village of Tide Head, in proportion to the percentage that the municipal tax base of Village of Tide Head for the previous year bears to the total tax base, 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.

7(1)All appointments of members of the Restigouche District Planning Commission made before the commencement of this Regulation are revoked.

7(2)Subsection (1) does not apply to appointments made under subsections 5(1) and 5(2) of this Regulation before the commencement of this Regulation.

8All contracts, agreements and orders relating to allowances, fees, salaries, expenses, compensation and remuneration to be paid to members of the Restigouche District Planning Commission whose appointments are revoked under section 7 are null and void.

9Notwithstanding the provisions of any contract, agreement or order, no allowance, fee, salary, expenses, compensation and remuneration shall be paid to a member of the Restigouche District Planning Commission whose appointment is revoked under section 7.

10No 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 revocation of appointments under section 7.

11The Order Respecting the Restigouche Planning District, which became effective March 1, 1983, is rescinded.

12This Regulation comes into force on January 1, 1998.

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

97-140 - Restigouche Planning District

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