Sections of the Local Governance Act: Sections 180-191
Description:
Part 17 provides further direction regarding powers of local governments, itemizes the regulation-making authority of the Lieutenant-Governor in Council regarding local governments and local service districts, and assigns the responsibility for the administration of the Act to the Minister.
The sections in Part 17 are:
- Power of local government to bring an action
- Notice requirement for action for damages for personal injury
- Title to roads, streets and highways
- Power to remove obstructions
- Power to expropriate
- Operation of water or wastewater systems – specific case
- Fire protection by-laws and enforcement
- Joint housing projects
- Regulations relating to pensions
- Provisions respecting rural communities to be applied to regional municipalities
- Administration
- Review of the Act
- Regulations
New Provisions and Intent:
Notice requirement for Action for damages for personal injury
This new provision sets the time period within which a person who intends to bring an action against the local government for personal injury must notify the clerk. They must do so within 90 days after the occurrence of the event. Exceptions are provided to a person who does not notify the clerk within that time period for specific reasons, such as: a reasonable excuse for not providing the prescribed notice providing the local government is not prejudiced by the lack of action, death of the person as a result of the event under complaint, lack of physical or mental capacity of the claimant, or if the local government waives the notice requirement.
Power to remove obstructions
The definition of ‘street’ has been expanded to include a public highway.
Fire protection by-laws and enforcement
This section has been rewritten in a less prescriptive manner in recognition of the broader powers being provided to local governments.
Joint Housing Projects
Given the broader powers being accorded to local governments in the Local Governance Act, the role of the Lieutenant-Governor in Council has been removed.
Regulations relating to pensions
This section outlines the Lieutenant-Governor in Council’s regulation-making ability with respect to a uniform contributory pension plan. It also specifies that the new Act does not affect the continued operation of a pension plan or a superannuation plan established by a local government under section 162 of the Municipalities Act, the Municipal Employees Pensions Act, or any other Act.
Review of this Act
This section prescribes that within seven years of the commencement of the Act, the Minister must undertake a review, and must submit a report to the Legislative Assembly.
Regulations
This section (191) gives the Lieutenant-Governor in Council the authority to make regulations specific to the administration of local governments and LSDs, and consolidates all of the regulation-making authorities under one section, with some changes.
Authority is also provided for these regulations to vary in respect of different persons, matters or things; or different classes or categories of persons, matters or things; to be general or particular in their application; to be limited as to time and/or place, and to exclude any place from their application. Additional regulation-making authority and amendments to previously existing regulations have been provided as follows:
- Code of Conduct for members of council
- Prescribing powers and duties of a by-law enforcement officer
- Setting the time for submitting annual reports and prescribing information to be included in annual reports
- Governing the provision of animal control services in rural communities, regional municipalities, and LSDs
- Dangerous or unsightly premises and properties
- Administrative Penalty notice and prescribing information to be included in a penalty notice form
- Defining words or expressions used in this Act but not defined
- Prescribing forms to be used for the purposes of this Act
- Repealing, in whole or in part, a regulation referred to in section 196
New or Amended Regulations:
Code of Conduct Regulation
Subsection 10(2)(b) of the Act provides that a council shall make by-laws establishing the code of conduct for members of council.
Prescribing powers and duties of a by-law enforcement officer
Section 80 of the Act provides that if a council has appointed a by-law enforcement officer under section 72 of the Act, the officer will have the powers and duties prescribed by the regulations under the Act, as well as those required by by-law, this Act, and any other Act.
Setting the time for submitting annual reports and prescribing information to be included in annual reports
Subsections 105(1) and 105(2) of the Act require that local governments must prepare an annual report with required information before a designated date, as prescribed by regulation.
Governing the provision of animal control services in rural communities, regional municipalities, and LSDs
The former Provincial Dog Regulation 84-85 under the Municipalities Act will be replaced by the Provincial Animal Regulation under the Local Governance Act, which will apply to animals in all LSDs and in those rural communities without an animal control by-law.
Dangerous or unsightly premises and properties
Section 128 to section 143 provides the authority and processes for local governments to manage dangerous or unsightly premises. A new regulation under the Local Governance Act will now address dangerous and unsightly premises in local service districts, and in local governments that do not have a by-law in place dealing with this matter. The Unsightly Premises Act will continue to be in force regulating some aspects of salvage yards (e.g., location requirements) throughout the province, including any located within a local government.
Administrative penalty notice
Subsection 157 of the Act provides authorities and processes to local governments to issue administrative penalty notices, in accordance with the form and information as prescribed by regulation.
Defining words or expressions used in this Act but not defined
Regulation(s) may be made to provide definitions if considered necessary.
Prescribing Forms
Forms may be prescribed by regulations for the purposes of the Act.
Repealing in whole or in part regulations made under the Municipalities Act
The regulations referred to in section 196 of the Act will continue to be in force, until either repealed by a regulation or regulations under the authority of the Act.