Acts and Regulations

97-46 - Miramichi Planning District Order

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Revoked on 1 January 2013
NEW BRUNSWICK
REGULATION 97-46
under the
Community Planning Act
Filed May 14, 1997
Under subsection 5(2) of the Community Planning Act, the Minister makes the following Order:
1998, c.41, s.30
Repealed: 2012, c.44, s.5
1This Order may be cited as the Miramichi 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 Miramichi Planning District Commission established under section 4;
“District” means the Miramichi 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“Minister” Repealed: 1998, c.41, s.30
“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 Miramichi, Village of Blackville and Neguac.
1998, c.41, s.30; 2007-29
3(1)The Miramichi Planning District is established.
3(2)The boundaries of the District are defined as follows:
Beginning at the point where the county line between Kent County and Northumberland County meets the western banks or shores of the Gulf of St. Lawrence; thence southwesterly along the said county line to a point on the parish line between Glenelg Parish and Rogersville Parish; thence northeasterly, southwesterly and northwesterly along the said parish line to a point on the parish line between Rogersville Parish and Nelson Parish; thence southwesterly along the said parish line to a point on the parish line between Rogersville Parish and Blackville Parish; thence southeasterly along the said parish line to a point on the county line between Kent County and Northumberland County; thence southwesterly along the said county line to a point on the county line between Sunbury County and Northumberland County; thence northwesterly along the said county line to a point on the parish line between Ludlow Parish and Blissfield Parish; thence northwesterly along the said parish line to a point on the parish line between Ludlow Parish and Southesk Parish; thence southwesterly along the said parish line to a point on the county line between York County and Northumberland County; thence northwesterly along the said county line and its prolongation to a point on the county line between Restigouche County and Northumberland County; thence northeasterly along the said county line to a point on the county line between Gloucester County and Northumberland County; thence southeasterly and northeasterly along the said county line to a point on the western banks or shores of the Gulf of St. Lawrence; thence southwesterly and southeasterly along the various courses of the said banks or shores to the place of beginning, excluding the Village of Doaktown and all Indian Reserves contained within these described bounds and including Murray Shoals, Palmer Point, Neguac Beach, Portage Island, Fox Island, Bay du Vin Island, Egg Island and Huckleberry Island.
2007-29
4(1)The Miramichi Planning District Commission is established as the district planning commission for the District.
4(2)The membership of the Commission is twelve.
2007-29
5(1)The members of the Commission shall be appointed as follows:
(a) by the council of Miramichi, six;
(b) by the council of Village of Blackville, one;
(c) by the council of Neguac, one;
(d) by the Minister, four.
5(2)The terms of office of the members of the Commission are as follows:
(a) three members appointed by the council of Miramichi shall hold office until March 1, 2000,
(b) three members appointed by the council of Miramichi shall hold office until March 1, 1999,
(c) two members appointed by the Minister shall hold office until March 1, 2000,
(d) two members appointed by the Minister shall hold office until March 1, 1999,
(e) the member appointed by the council of Village of Blackville shall hold office until March 1, 2010, and
(f) the member appointed by the council of Neguac shall hold office until March 1, 2010.
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.
2007-29
6The proportions in which funds are to be contributed to the Commission by the councils of Miramichi, Village of Blackville and Neguac 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 Miramichi, in proportion to the percentage that the municipal tax base of Miramichi for the previous year bears to the total tax base;
(b) 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;
(c) by the council of Village of Blackville, in proportion to the percentage that the municipal tax base of Village of Blackville for the previous year bears to the total tax base; and
(d) by the council of Neguac, in proportion to the percentage that the municipal tax base of Neguac for the previous year bears to the total tax base.
2007-29
7All rights, powers, real and personal property, duties, responsibilities and liabilities of the body corporate known as Miramichi District Planning Commission are without further action, transferred to, vested in, and may be exercised, dealt with, disposed of or discharged by the Miramichi Planning District Commission.
8The body corporate known as Miramichi District Planning Commission is dissolved.
9All appointments of members of the Miramichi District Planning Commission are revoked.
10All contracts, agreements and orders relating to allowances, fees, salaries, expenses, compensation and remuneration to be paid to members of the Miramichi District Planning Commission dissolved under section 8 are null and void.
11Notwithstanding the provisions of any contract, agreement or order, no allowance, fee, salary, expenses, compensation and remuneration shall be paid to a member of the Miramichi District Planning Commission dissolved under section 8.
12No 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 Miramichi District Planning Commission under section 8 or the revocation of appointments under section 9.
13Any decision, determination, direction, declaration, order or ruling of the Miramichi District Planning Commission dissolved under section 8 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 Miramichi District Planning Commission under section 8 and shall be deemed to be the decision, determination, direction, declaration, order or ruling of the Miramichi Planning District Commission.
14After the commencement of this Order, any proceeding, hearing, matter or thing commenced by the Miramichi District Planning Commission dissolved under section 8 may be dealt with and completed by the Miramichi Planning District Commission.
15The documentation, information, records and files pertaining to any proceeding, hearing, matter or thing to be dealt with by the Miramichi Planning District Commission under section 14 becomes the documentation, information, records and files of the Miramichi Planning District Commission on the commencement of this Order.
16Any reference to the Miramichi District Planning Commission 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 Miramichi Planning District Commission, unless the context otherwise requires.
17The Order respecting the Miramichi Planning District, which became effective April 1, 1977, is rescinded.
18This Order comes into force on June 1, 1997.
N.B. This Regulation is consolidated to January 1, 2013.