Acts and Regulations

2017, c.18 - Local Governance Act

Section 35
Disposition versions

Full text
First election held before effective date of the restructuring
35(1)In this section, “effective date of the restructuring” means the effective date of the incorporation, amalgamation, annexation or decrease in territorial limits of a local government in a regulation made under subsection 22(1), 24(1) or (2) or 25(1) or section 26.
35(2)Despite any provision of this Act or any other Act, if a first election for a council is held before the effective date of the restructuring
(a) a member of council of an affected local government shall only hold office until the effective date of the restructuring, and
(b) no by-election shall be held to fill a vacancy on the council of the affected local government occurring after the date of the making of the regulation under subsection 22(1), 24(1) or (2) or 25(1) or section 26 but before the effective date of the restructuring.
35(3)Despite any provision of this Act or any other Act, if a first election for a council is held before the effective date of the restructuring, a member of council of an affected local government
(a) may be a candidate for the office of mayor or councillor on the first council of the new local government without resigning their office on the council of the affected local government, and
(b) if elected, is entitled
(i) to hold office on the first council of the new local government, and
(ii) to continue in office on the council of the affected local government until the effective date of the restructuring.
35(4)Despite any provision of this Act or any other Act, if a first election for a council is held before the effective date of the restructuring, the council of an affected local government shall continue to exercise its powers in relation to the day-to-day activities of the local government but on and after the day set for the election of the first council of the new local government, the council of the affected local government shall not, unless expressly authorized by the Lieutenant-Governor in Council,
(a) make, amend or repeal a by-law under the authority of this or any other Act,
(b) become a party to any agreement, contract, instrument or any other document other than those provided for in the estimates adopted under paragraph 99(2)(a) for the current year,
(c) borrow or make payments of funds other than those provided for in the estimates adopted under paragraph 99(2)(a) for the current year,
(d) purchase or dispose of capital assets,
(e) appoint or dismiss officers or employees, or
(f) undertake any course of action that would
(i) affect the future administration of the new local government, or
(ii) bind the new local government to a particular course of action.
35(5)If a council acts in contravention of subsection (4), that action is void and has no effect.
35(6)Despite any provision of this Act or any other Act, if a first election for a council is held before the effective date of the restructuring, the first council of the new local government, on taking the oath of office or making the affirmation of office and before the effective date of the restructuring
(a) may appoint any officers that are necessary to allow the first council to carry out its responsibilities under subsection (10) in relation to the new local government and those appointments when made shall be immediately effective,
(b) may prepare a transitional budget for submission to the Minister that sets out
(i) the remuneration of the members of the first council as fixed in the regulation under subsection 22(1), 24(1) or (2), 25(1) or section 26,
(ii) the expenses of the first council for the period before the effective date of the restructuring, and
(iii) the salaries of the officers of the new local government appointed under paragraph (a), and
(c) may, in accordance with section 15, make by-laws regulating its procedure, prescribing the time and place of its regular meetings and providing for the calling of special meetings.
35(7)If a transitional budget is submitted under paragraph (6)(b), the expenses incurred by the first council under this section shall be deemed to be an expense of the new local government and shall be included in the estimate of the money required for the operation of the new local government adopted under paragraph 99(2)(a) for the first fiscal year.
35(8)If no transitional budget is submitted under paragraph (6)(b), the remuneration, expenses and salaries referred to in subparagraphs (6)(b)(i) to (iii) shall be deemed to be an expense of any former local government or rural district affected and shall be included in their financial results.
35(9)The Minister of Finance and Treasury Board may advance to the first council an amount determined under paragraph (6)(b) and that amount may be recovered by the Minister of Finance and Treasury Board from any amount to be paid to the new local government under the Community Funding Act following the effective date of the restructuring.
35(10)Despite any provision of this Act or any other Act, if a first election for a council is held before the effective date of the restructuring, the first council of the new local government, on taking the oath of office or making the affirmation of office,
(a) may conduct a review of all the by-laws of the affected local governments whether made under this Act or any other Act,
(b) may make or amend by-laws of the new local government except that those by-laws shall have no effect until the effective date of the restructuring and shall be deemed to have come into force on the effective date of the restructuring,
(c) shall determine, for the purposes of subsection 99(2),
(i) an estimate of the money required for the operation of the new local government,
(ii) the amount of that estimate to be raised on the local government tax base, and
(iii) the rates at which the amount referred to in subparagraph (ii) is to be raised,
(d) may act under subsection 99(10) in respect of the new local government,
(e) may undertake the negotiation of collective agreements,
(f) may make arrangements for the appointment of officers of the new local government, including acting under subsection (11), and
(g) may make arrangements for a pension or superannuation plan for the permanent employees of the new local government.
35(11)The first council may, by resolution during the period between the taking of the oath of office or the making of the affirmation of office and six months after the effective date of the restructuring, revoke the appointment of an officer appointed by an affected local government and
(a) appoint that person as an officer of the new local government for the purposes of paragraph (6)(a) and sections 71 and 72, or
(b) subject to any applicable collective agreement,
(i) reassign that person to a new position,
(ii) make arrangements for the retirement of that person, or
(iii) terminate the employment of that person, on reasonable notice or with payment instead of notice.
35(12)A resolution under subparagraph (11)(b)(i), (ii) or (iii) passed before the effective date of the restructuring shall not be effective until the effective date of the restructuring.
35(13)A resolution under subparagraph (11)(b)(iii) requires two-thirds of the members of council to vote in favour of its passing.
35(14)The clerk of the new local government shall cause a certified copy of the resolution under subsection (11) to be served on the officer of the affected local government within seven days after the passing of the resolution.
35(15)The council of an affected local government shall provide to the first council of the new local government all information requested by the first council of the new local government.
35(16)The Minister may
(a) abridge or extend any time limit set in accordance with section 99, and
(b) make any other adjustments that are necessary to affect an orderly transition.
35(17)A member elected to a first council of a new local government before the effective date of the restructuring does not have a conflict of interest in relation to a matter before that first council for consideration by reason only that the member is also a member of the council of an affected local government.
35(18)A member of council of an affected local government does not have a conflict of interest in relation to a matter before the council of the affected local government for consideration by reason only that the member is also a member elected to a first council of a new local government before the effective date of the restructuring.
2019, c.29, s.83; 2021, c.44, s.4
First election held before effective date of the restructuring
35(1)In this section, “effective date of the restructuring” means the effective date of the incorporation, amalgamation, annexation or decrease in territorial limits of a local government in a regulation made under subsection 22(1), 24(1) or (2) or 25(1) or section 26.
35(2)Despite any provision of this Act or any other Act, if a first election for a council is held before the effective date of the restructuring
(a) a member of council of an affected local government shall only hold office until the effective date of the restructuring, and
(b) no by-election shall be held to fill a vacancy on the council of the affected local government occurring after the date of the making of the regulation under subsection 22(1), 24(1) or (2) or 25(1) or section 26 but before the effective date of the restructuring.
35(3)Despite any provision of this Act or any other Act, if a first election for a council is held before the effective date of the restructuring, a member of council of an affected local government
(a) may be a candidate for the office of mayor or councillor on the first council of the new local government without resigning his or her office on the council of the affected local government, and
(b) if elected, is entitled
(i) to hold office on the first council of the new local government, and
(ii) to continue in office on the council of the affected local government until the effective date of the restructuring.
35(4)Despite any provision of this Act or any other Act, if a first election for a council is held before the effective date of the restructuring, the council of an affected local government shall continue to exercise its powers in relation to the day-to-day activities of the local government but on and after the day set for the election of the first council of the new local government, the council of the affected local government shall not, unless expressly authorized by the Lieutenant-Governor in Council,
(a) make, amend or repeal a by-law under the authority of this or any other Act,
(b) become a party to any agreement, contract, instrument or any other document other than those provided for in the estimates adopted under paragraph 99(2)(a) for the current year,
(c) borrow or make payments of funds other than those provided for in the estimates adopted under paragraph 99(2)(a) for the current year,
(d) purchase or dispose of capital assets,
(e) appoint or dismiss officers or employees, or
(f) undertake any course of action that would
(i) affect the future administration of the new local government, or
(ii) bind the new local government to a particular course of action.
35(5)If a council acts in contravention of subsection (4), that action is void and has no effect.
35(6)Despite any provision of this Act or any other Act, if a first election for a council is held before the effective date of the restructuring, the first council of the new local government, on taking the oath of office or making the affirmation of office and before the effective date of the restructuring
(a) may appoint any officers that are necessary to allow the first council to carry out its responsibilities under subsection (10) in relation to the new local government and those appointments when made shall be immediately effective,
(b) may prepare a transitional budget for submission to the Minister that sets out
(i) the remuneration of the members of the first council as fixed in the regulation under subsection 22(1), 24(1) or (2), 25(1) or section 26,
(ii) the expenses of the first council for the period before the effective date of the restructuring, and
(iii) the salaries of the officers of the new local government appointed under paragraph (a), and
(c) may, in accordance with section 15, make by-laws regulating its procedure, prescribing the time and place of its regular meetings and providing for the calling of special meetings.
35(7)If a transitional budget is submitted under paragraph (6)(b), the expenses incurred by the first council under this section shall be deemed to be an expense of the new local government and shall be included in the estimate of the money required for the operation of the new local government adopted under paragraph 99(2)(a) for the first fiscal year.
35(8)If no transitional budget is submitted under paragraph (6)(b), the remuneration, expenses and salaries referred to in subparagraphs (6)(b)(i) to (iii) shall be deemed to be an expense of any former local government or former local service district affected and shall be included in their financial results.
35(9)The Minister of Finance and Treasury Board may advance to the first council an amount determined under paragraph (6)(b) and that amount may be recovered by the Minister of Finance and Treasury Board from any amount to be paid to the new local government under the Community Funding Act following the effective date of the restructuring.
35(10)Despite any provision of this Act or any other Act, if a first election for a council is held before the effective date of the restructuring, the first council of the new local government, on taking the oath of office or making the affirmation of office,
(a) may conduct a review of all the by-laws of the affected local governments whether made under this Act or any other Act,
(b) may make or amend by-laws of the new local government except that those by-laws shall have no effect until the effective date of the restructuring and shall be deemed to have come into force on the effective date of the restructuring,
(c) shall determine, for the purposes of subsection 99(2),
(i) an estimate of the money required for the operation of the new local government,
(ii) the amount of that estimate to be raised on the local government tax base, and
(iii) the rate at which the amount referred to in subparagraph (ii) is to be raised,
(d) may act under subsection 99(10) in respect of the new local government,
(e) may undertake the negotiation of collective agreements,
(f) may make arrangements for the appointment of officers of the new local government, including acting under subsection (11), and
(g) may make arrangements for a pension or superannuation plan for the permanent employees of the new local government.
35(11)The first council may, by resolution during the period between the taking of the oath of office or the making of the affirmation of office and six months after the effective date of the restructuring, revoke the appointment of an officer appointed by an affected local government and
(a) appoint that person as an officer of the new local government for the purposes of paragraph (6)(a) and sections 71 and 72, or
(b) subject to any applicable collective agreement,
(i) reassign that person to a new position,
(ii) make arrangements for the retirement of that person, or
(iii) terminate the employment of that person, on reasonable notice or with payment instead of notice.
35(12)A resolution under subparagraph (11)(b)(i), (ii) or (iii) passed before the effective date of the restructuring shall not be effective until the effective date of the restructuring.
35(13)A resolution under subparagraph (11)(b)(iii) requires two-thirds of the members of council to vote in favour of its passing.
35(14)The clerk of the new local government shall cause a certified copy of the resolution under subsection (11) to be served on the officer of the affected local government within seven days after the passing of the resolution.
35(15)The council of an affected local government shall provide to the first council of the new local government all information requested by the first council of the new local government.
35(16)The Minister may
(a) abridge or extend any time limit set in accordance with section 99, and
(b) make any other adjustments that are necessary to affect an orderly transition.
35(17)A member elected to a first council of a new local government before the effective date of the restructuring does not have a conflict of interest in relation to a matter before that first council for consideration by reason only that the member is also a member of the council of an affected local government.
35(18)A member of council of an affected local government does not have a conflict of interest in relation to a matter before the council of the affected local government for consideration by reason only that the member is also a member elected to a first council of a new local government before the effective date of the restructuring.
2019, c.29, s.83
First election held before effective date of the restructuring
35(1)In this section, “effective date of the restructuring” means the effective date of the incorporation, amalgamation, annexation or decrease in territorial limits of a local government in a regulation made under subsection 22(1), 24(1) or (2) or 25(1) or section 26.
35(2)Despite any provision of this Act or any other Act, if a first election for a council is held before the effective date of the restructuring
(a) a member of council of an affected local government shall only hold office until the effective date of the restructuring, and
(b) no by-election shall be held to fill a vacancy on the council of the affected local government occurring after the date of the making of the regulation under subsection 22(1), 24(1) or (2) or 25(1) or section 26 but before the effective date of the restructuring.
35(3)Despite any provision of this Act or any other Act, if a first election for a council is held before the effective date of the restructuring, a member of council of an affected local government
(a) may be a candidate for the office of mayor or councillor on the first council of the new local government without resigning his or her office on the council of the affected local government, and
(b) if elected, is entitled
(i) to hold office on the first council of the new local government, and
(ii) to continue in office on the council of the affected local government until the effective date of the restructuring.
35(4)Despite any provision of this Act or any other Act, if a first election for a council is held before the effective date of the restructuring, the council of an affected local government shall continue to exercise its powers in relation to the day-to-day activities of the local government but on and after the day set for the election of the first council of the new local government, the council of the affected local government shall not, unless expressly authorized by the Lieutenant-Governor in Council,
(a) make, amend or repeal a by-law under the authority of this or any other Act,
(b) become a party to any agreement, contract, instrument or any other document other than those provided for in the estimates adopted under paragraph 99(2)(a) for the current year,
(c) borrow or make payments of funds other than those provided for in the estimates adopted under paragraph 99(2)(a) for the current year,
(d) purchase or dispose of capital assets,
(e) appoint or dismiss officers or employees, or
(f) undertake any course of action that would
(i) affect the future administration of the new local government, or
(ii) bind the new local government to a particular course of action.
35(5)If a council acts in contravention of subsection (4), that action is void and has no effect.
35(6)Despite any provision of this Act or any other Act, if a first election for a council is held before the effective date of the restructuring, the first council of the new local government, on taking the oath of office or making the affirmation of office and before the effective date of the restructuring
(a) may appoint any officers that are necessary to allow the first council to carry out its responsibilities under subsection (10) in relation to the new local government and those appointments when made shall be immediately effective,
(b) may prepare a transitional budget for submission to the Minister that sets out
(i) the remuneration of the members of the first council as fixed in the regulation under subsection 22(1), 24(1) or (2), 25(1) or section 26,
(ii) the expenses of the first council for the period before the effective date of the restructuring, and
(iii) the salaries of the officers of the new local government appointed under paragraph (a), and
(c) may, in accordance with section 15, make by-laws regulating its procedure, prescribing the time and place of its regular meetings and providing for the calling of special meetings.
35(7)If a transitional budget is submitted under paragraph (6)(b), the expenses incurred by the first council under this section shall be deemed to be an expense of the new local government and shall be included in the estimate of the money required for the operation of the new local government adopted under paragraph 99(2)(a) for the first fiscal year.
35(8)If no transitional budget is submitted under paragraph (6)(b), the remuneration, expenses and salaries referred to in subparagraphs (6)(b)(i) to (iii) shall be deemed to be an expense of any former local government or former local service district affected and shall be included in their financial results.
35(9)The Minister of Finance may advance to the first council an amount determined under paragraph (6)(b) and that amount may be recovered by the Minister of Finance from any amount to be paid to the new local government under the Community Funding Act following the effective date of the restructuring.
35(10)Despite any provision of this Act or any other Act, if a first election for a council is held before the effective date of the restructuring, the first council of the new local government, on taking the oath of office or making the affirmation of office,
(a) may conduct a review of all the by-laws of the affected local governments whether made under this Act or any other Act,
(b) may make or amend by-laws of the new local government except that those by-laws shall have no effect until the effective date of the restructuring and shall be deemed to have come into force on the effective date of the restructuring,
(c) shall determine, for the purposes of subsection 99(2),
(i) an estimate of the money required for the operation of the new local government,
(ii) the amount of that estimate to be raised on the local government tax base, and
(iii) the rate at which the amount referred to in subparagraph (ii) is to be raised,
(d) may act under subsection 99(10) in respect of the new local government,
(e) may undertake the negotiation of collective agreements,
(f) may make arrangements for the appointment of officers of the new local government, including acting under subsection (11), and
(g) may make arrangements for a pension or superannuation plan for the permanent employees of the new local government.
35(11)The first council may, by resolution during the period between the taking of the oath of office or the making of the affirmation of office and six months after the effective date of the restructuring, revoke the appointment of an officer appointed by an affected local government and
(a) appoint that person as an officer of the new local government for the purposes of paragraph (6)(a) and sections 71 and 72, or
(b) subject to any applicable collective agreement,
(i) reassign that person to a new position,
(ii) make arrangements for the retirement of that person, or
(iii) terminate the employment of that person, on reasonable notice or with payment instead of notice.
35(12)A resolution under subparagraph (11)(b)(i), (ii) or (iii) passed before the effective date of the restructuring shall not be effective until the effective date of the restructuring.
35(13)A resolution under subparagraph (11)(b)(iii) requires two-thirds of the members of council to vote in favour of its passing.
35(14)The clerk of the new local government shall cause a certified copy of the resolution under subsection (11) to be served on the officer of the affected local government within seven days after the passing of the resolution.
35(15)The council of an affected local government shall provide to the first council of the new local government all information requested by the first council of the new local government.
35(16)The Minister may
(a) abridge or extend any time limit set in accordance with section 99, and
(b) make any other adjustments that are necessary to affect an orderly transition.
35(17)A member elected to a first council of a new local government before the effective date of the restructuring does not have a conflict of interest in relation to a matter before that first council for consideration by reason only that the member is also a member of the council of an affected local government.
35(18)A member of council of an affected local government does not have a conflict of interest in relation to a matter before the council of the affected local government for consideration by reason only that the member is also a member elected to a first council of a new local government before the effective date of the restructuring.
First election held before effective date of the restructuring
35(1)In this section, “effective date of the restructuring” means the effective date of the incorporation, amalgamation, annexation or decrease in territorial limits of a local government in a regulation made under subsection 22(1), 24(1) or (2) or 25(1) or section 26.
35(2)Despite any provision of this Act or any other Act, if a first election for a council is held before the effective date of the restructuring
(a) a member of council of an affected local government shall only hold office until the effective date of the restructuring, and
(b) no by-election shall be held to fill a vacancy on the council of the affected local government occurring after the date of the making of the regulation under subsection 22(1), 24(1) or (2) or 25(1) or section 26 but before the effective date of the restructuring.
35(3)Despite any provision of this Act or any other Act, if a first election for a council is held before the effective date of the restructuring, a member of council of an affected local government
(a) may be a candidate for the office of mayor or councillor on the first council of the new local government without resigning his or her office on the council of the affected local government, and
(b) if elected, is entitled
(i) to hold office on the first council of the new local government, and
(ii) to continue in office on the council of the affected local government until the effective date of the restructuring.
35(4)Despite any provision of this Act or any other Act, if a first election for a council is held before the effective date of the restructuring, the council of an affected local government shall continue to exercise its powers in relation to the day-to-day activities of the local government but on and after the day set for the election of the first council of the new local government, the council of the affected local government shall not, unless expressly authorized by the Lieutenant-Governor in Council,
(a) make, amend or repeal a by-law under the authority of this or any other Act,
(b) become a party to any agreement, contract, instrument or any other document other than those provided for in the estimates adopted under paragraph 99(2)(a) for the current year,
(c) borrow or make payments of funds other than those provided for in the estimates adopted under paragraph 99(2)(a) for the current year,
(d) purchase or dispose of capital assets,
(e) appoint or dismiss officers or employees, or
(f) undertake any course of action that would
(i) affect the future administration of the new local government, or
(ii) bind the new local government to a particular course of action.
35(5)If a council acts in contravention of subsection (4), that action is void and has no effect.
35(6)Despite any provision of this Act or any other Act, if a first election for a council is held before the effective date of the restructuring, the first council of the new local government, on taking the oath of office or making the affirmation of office and before the effective date of the restructuring
(a) may appoint any officers that are necessary to allow the first council to carry out its responsibilities under subsection (10) in relation to the new local government and those appointments when made shall be immediately effective,
(b) may prepare a transitional budget for submission to the Minister that sets out
(i) the remuneration of the members of the first council as fixed in the regulation under subsection 22(1), 24(1) or (2), 25(1) or section 26,
(ii) the expenses of the first council for the period before the effective date of the restructuring, and
(iii) the salaries of the officers of the new local government appointed under paragraph (a), and
(c) may, in accordance with section 15, make by-laws regulating its procedure, prescribing the time and place of its regular meetings and providing for the calling of special meetings.
35(7)If a transitional budget is submitted under paragraph (6)(b), the expenses incurred by the first council under this section shall be deemed to be an expense of the new local government and shall be included in the estimate of the money required for the operation of the new local government adopted under paragraph 99(2)(a) for the first fiscal year.
35(8)If no transitional budget is submitted under paragraph (6)(b), the remuneration, expenses and salaries referred to in subparagraphs (6)(b)(i) to (iii) shall be deemed to be an expense of any former local government or former local service district affected and shall be included in their financial results.
35(9)The Minister of Finance may advance to the first council an amount determined under paragraph (6)(b) and that amount may be recovered by the Minister of Finance from any amount to be paid to the new local government under the Community Funding Act following the effective date of the restructuring.
35(10)Despite any provision of this Act or any other Act, if a first election for a council is held before the effective date of the restructuring, the first council of the new local government, on taking the oath of office or making the affirmation of office,
(a) may conduct a review of all the by-laws of the affected local governments whether made under this Act or any other Act,
(b) may make or amend by-laws of the new local government except that those by-laws shall have no effect until the effective date of the restructuring and shall be deemed to have come into force on the effective date of the restructuring,
(c) shall determine, for the purposes of subsection 99(2),
(i) an estimate of the money required for the operation of the new local government,
(ii) the amount of that estimate to be raised on the local government tax base, and
(iii) the rate at which the amount referred to in subparagraph (ii) is to be raised,
(d) may act under subsection 99(10) in respect of the new local government,
(e) may undertake the negotiation of collective agreements,
(f) may make arrangements for the appointment of officers of the new local government, including acting under subsection (11), and
(g) may make arrangements for a pension or superannuation plan for the permanent employees of the new local government.
35(11)The first council may, by resolution during the period between the taking of the oath of office or the making of the affirmation of office and six months after the effective date of the restructuring, revoke the appointment of an officer appointed by an affected local government and
(a) appoint that person as an officer of the new local government for the purposes of paragraph (6)(a) and sections 71 and 72, or
(b) subject to any applicable collective agreement,
(i) reassign that person to a new position,
(ii) make arrangements for the retirement of that person, or
(iii) terminate the employment of that person, on reasonable notice or with payment instead of notice.
35(12)A resolution under subparagraph (11)(b)(i), (ii) or (iii) passed before the effective date of the restructuring shall not be effective until the effective date of the restructuring.
35(13)A resolution under subparagraph (11)(b)(iii) requires two-thirds of the members of council to vote in favour of its passing.
35(14)The clerk of the new local government shall cause a certified copy of the resolution under subsection (11) to be served on the officer of the affected local government within seven days after the passing of the resolution.
35(15)The council of an affected local government shall provide to the first council of the new local government all information requested by the first council of the new local government.
35(16)The Minister may
(a) abridge or extend any time limit set in accordance with section 99, and
(b) make any other adjustments that are necessary to affect an orderly transition.
35(17)A member elected to a first council of a new local government before the effective date of the restructuring does not have a conflict of interest in relation to a matter before that first council for consideration by reason only that the member is also a member of the council of an affected local government.
35(18)A member of council of an affected local government does not have a conflict of interest in relation to a matter before the council of the affected local government for consideration by reason only that the member is also a member elected to a first council of a new local government before the effective date of the restructuring.