RSNL1990 CHAPTER C-16 - CITY OF MOUNT PEARL ACT

RSNL1990 CHAPTER C-16 CITY OF MOUNT PEARL ACT Amended: 1991 c27 s2; 1991 c35 s4; 1993 c19; 1994 c23 s3; 1995 cL-16.1 s30(3); 1995 cP-31.1 s53; 1996 c21; 1998 c6 s5; 1999 c38; 2001 cM-20.2; 2001 cN-3.1 s2; 2002 cW-4.01 s97; 2003 c5 s2; 2004 c47 s8; 2005 c9 s2; 2005 c26 s2; 2006 c7 s2; 2006 c36 ss3&4; 2006 c40 ss5&21; 2006 cA-18.1 s48; 2008 c10 s1; 2009 c31 s4; 2009 c39 s2; 2009 c40 s2; 2012 c10 s4; 2013 c16 s25; 2014 c5 ss3&4; 2014 cC-10.1 s57; 2016 c49 ss25 to 43; 2017 c10 s7; 2021 cM-20.01 s24; 2022 c14 s37; 2023 c24; 2023 cT-6.2 s312 CHAPTER C-16 AN ACT RESPECTING THE CITY OF MOUNT PEARL Analysis 1. Short title 2. Definitions PART I CITY CONTINUED 3. City continued 4. Publication of boundary 5. Feasibility report 6. Intent to order report 7. Coat of Arms 8. Use of Coat of Arms 9. Seal 10. Seal required 11. Flag PART II COUNCIL 12. Council continued 13. Mayor and councillors 13.1 Youth representative 14. Wards 15. Rep. by 2001 cM-20.2 s102 16. Rep. by 2001 cM-20.2 s102 17. Remuneration and expenses 18. Regulations re remuneration 19. Vacancy in council 20. Vacancies 21. Appeal to Trial Division 22. Rep by 2021 cM-20.01 s24 23. Rep by 2021 cM-20.01 s24 24. Rep by 2021 cM-20.01 s24 25. Rep by 2021 cM-20.01 s24 26. Rep by 2021 cM-20.01 s24 27. Presiding officer 28. Deputy mayor 29. Duties 30. Authority of council 31. Frequency of meetings 32. Presiding officer 33. Points of order 34. Quorum 35. Absence of quorum 36. Voting 37. Rules of procedure 38. Regulations 39. Notice prior to regulations 40. Publication 41. Public meetings 42. Committees 43. State of emergency 44. Permits 45. Public tenders 46. Inspection of documents 47. Copies of documents 48. Proof of documents 49. Authentication of documents 50. Rep. by 1995 cL-16.1 s.30(3) 51. Agent 52. Joint ventures 53. Plebiscites 54. Private services PART III STAFF 55. Appointment of manager 56. Appointment as clerk 57. Acting manager 58. Duties 59. Overall power of council 60. Attendance at meetings 61. Right to speak 62. Use of employees 63. Report of disagreement 64. Expenditures 65. Emergency expenditures 66. Recommendation of manager 67. Delegation 68. Appointment of clerk 69. Appointment as manager 70. Acting clerk 71. Oaths or affirmations 72. Duties 73. Attendance at meetings 74. Departments 75. Rep. by 2016 c49 s26 76. Salary 77. Rep. by 2016 c49 s27 78. Rep. by 2016 c49 s27 79. Rep. by 2016 c49 s27 80. Rep. by 2016 c49 s27 81. Rep. by 1991 c35 s4 82. Tenure 83. Dismissal 84. Retirement 85. Suspension 86. Positions 87. Employment, etc. 88. Transfer after annexation 89. Bonding 90. Pension scheme 91. Regulations 92. Portability 93. Group insurance 94. Eligibility 95. Contributions 96. Training PART IV FINANCE 97. Financial year 98. Bank account 99. Mechanical signatures 100. Interest on overdue accounts 101. Annual budgets 102. Budget 103. Contents of budget 104. Revised budget 105. Effect of budget 106. Partnership budgeting 107. Books of account 108. Financial statement 109. Appointment of auditor 110. Appointment by minister 111. Auditor's powers 112. Auditor's report 113. Time of completion 114. Copy to minister 115. Interim report 116. Current account borrowing 117. Long term borrowing 118. Capital budget 119. Unauthorized expenditure 120. Certificate 121. Currency 122. Signature of debentures 123. Powers of expenditure 124. Rep. by 1999 c38 s22 125. Guaranteed loans expenditure PART V TAXES 126. Imposition of taxes 127. Tax rates fixed annually 128. Instalment payments 129. Effect of extensions 130. Duration of tax 131. Interest on arrears 132. Discount allowed 133. Publication of taxes 134. Proof of valid tax 135. Real property tax 136. Rate of tax 137. Minimum tax 138. Occupier deemed owner 139. Tenant of tax exempt property 140. Representative capacity 141. Tax exempt property 142. Supplementary assessment 143. Rep. by 1999 c38 s26 144. Business tax 145. Rate where no fixed place of business 146. Gross revenue 147. Rate where property tax 148. Variation of rate 149. Minimum business tax 150. Poll tax 151. Exemption from poll tax 152. Employer's duty 153. Water and sewage tax 154. Method of taxation 154.1 Regulation re: water and sewer tax 155. Special users 156. Disconnection of service 157. Exemption and remission 158. Collection as civil debt 159. Lien 160. Occupied residential property 161. Tax certificate 161.1 Notice of arrears 161.2 Right of mortgagee 161.3 Direction to sell 161.4 Advertisement and notice 161.5 Sale by auction 161.6 Further notice of sale 161.7 Sale set aside 161.8 Tax payment from proceeds 161.9 Failure to pay 161.10 Future assessments 161.11 Vesting of property 162. Seizure of rentals 163. Service of notice 164. Payment of rent 165. Right to distrain 166. Penalty 167. Assessments 168. Method 169. Agricultural land 170. Non- discriminatory 171. Payment 172. Lien 173. Service levy 174. Restriction on levy 175. Method 176. Rep. by 1999 c38 s31 177. Lien 178. Collection as civil debt PART VI SERVICES 179. Water and sewage systems 179.1 Nuisance 180. Acquisition of private system 181. Right of entry to survey 182. Right of entry to construct 183. Right to construct 184. Reasonable notice to owner 185. Diversion of watercourses 186. Compensation for injurious affection 187. Regulations 188. Ownership of roads 189. Private roads 190. Construction 191. Closing 192. Private construction 193. Construction on roads 194. Street reservations 195. Expropriation 196. Removal of projections 197. Parking lots 198. Street lighting 199. Street and road names and numbering 200. Removal of vehicles 201. Regulation of vehicles 202. Regulations 203. Other regulations 204. Recreational facilities 205. Regulations 206. Grants and loans 207. Collection, etc. of waste 208. Charges 209. Removal of waste 210. Regulations 211. Municipal enforcement officers 212. Powers 213. Agreements re policing 214. Agreement re jails 215. Rep. by 1991 c35 s4 216. Rep. by 1991 c35 s4 217. Rep. by 1991 c35 s4 218. Agreements 219. Power of fire department 220. Pulling down buildings 221. Right re traffic 222. Power to enter building 223. Rep. by 1991 c35 s4 224. Offences 225. Public transportation system 226. Transportation Commission 227. Franchise 228. Waiting areas 229. Taxis 230. Public libraries 231. Cemeteries 232. Sale or lease 233. Consent required 234. Regulations PART VII CONTROLS 235. Building 236. Building regulations 237. Building Code 238. Removal of building 239. Order not obeyed 240. Appeal 241. Water and sewage 242. Regulations 243. Removal 244. Consequential 245. Storm drainage 246. Regulations 247. Removal 248. Consequential 249. Signs 250. Regulations 251. Removal 252. Consequential 253. Car parks 254. Regulations 255. Removal 256. Consequential 257. Sales from vehicles 258. Removal 259. Consequential 260. Shop closing 261. Pornographic materials 262. Curfew 263. Animals other than dogs 264. Dog control 265. Place of entertainment 266. Regulations 267. Stop order 268. Consequential 269. Definition 270. Bicycles 271. Recreational vehicles 272. Heritage areas 273. Building control 274. Heritage advisory committee 275. Removal 276. Consequential 277. Business improvement areas 277.1 Economic development 278. Nuisances 279. Stop order 280. Consequential 280.1 Violation notice 280.2 Issuance of summons 280.3 Regulations 280.4 Employee designation PART VIII EXPROPRIATION 281. Expropriation 282. Right of entry 283. Method of expropriation 284. Compensation 285. Board of assessors 286. More than 1 owner 287. Oath or affirmation 288. Award of board 289. Powers of board 290. Appeal 291. Technical objection 292. Time of award 293. Compensation 294. Leasehold interest 295. Transfer of land 296. Costs 297. Fees 298. Register 299. Notice 300. Registration of notice 301. Duty to provide title 302. Payment into court 303. Payment out of court 304. Sale of expropriated land PART IX RECEIVERSHIP 305. Receivership 306. Effect of order 307. Ministerial direction 308. Duty of officers 309. Powers of receiver 310. Books of account 311. Receiver's records 312. Application of money 313. Payment of receiver PART X [Rep. by 2001 cM-20.2 s102] 314. Rep. by 2001 cM-20.2 s102 315. Rep. by 2001 cM-20.2 s102 316. Rep. by 2001 cM-20.2 s102 317. Rep. by 2001 cM-20.2 s102 318. Rep. by 2001 cM-20.2 s102 319. Rep. by 2001 cM-20.2 s102 320. Rep. by 2001 cM-20.2 s102 321. Rep. by 2001 cM-20.2 s102 322. Rep. by 2001 cM-20.2 s102 323. Rep. by 2001 cM-20.2 s102 324. Rep. by 2001 cM-20.2 s102 325. Rep. by 2001 cM-20.2 s102 326. Rep. by 2001 cM-20.2 s102 327. Rep. by 2001 cM-20.2 s102 328. Rep. by 2001 cM-20.2 s102 329. Rep. by 2001 cM-20.2 s102 330. Rep. by 2001 cM-20.2 s102 331. Rep. by 2001 cM-20.2 s102 332. Rep. by 2001 cM-20.2 s102 333. Rep. by 2001 cM-20.2 s102 334. Rep. by 2001 cM-20.2 s102 335. Rep. by 2001 cM-20.2 s102 336. Rep. by 2001 cM-20.2 s102 337. Rep. by 2001 cM-20.2 s102 338. 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Rep. by 2001 cM-20.2 s102 433. Rep. by 2001 cM-20.2 s102 434. Rep. by 2001 cM-20.2 s102 435. Rep. by 2001 cM-20.2 s102 436. Rep. by 2001 cM-20.2 s102 437. Rep. by 2001 cM-20.2 s102 PART XI OFFENCES 438. General penalty 439. Continuing offence 440. Representation 441. Prosecutions 442. Disposition of fines Schedule A Schedule B Schedule C Short title 1. This Act may be cited as the City of Mount Pearl Act. 1988 c35 s1 Back to Top Definitions 2. In this Act (a) "building" includes those structures commonly known as mobile homes or trailers that are adopted for use as residences, shops or offices; (a.1) "business" includes (i) a commercial, merchandising or industrial activity or undertaking, (ii) a profession, trade, occupation, calling or employment, (iii) an activity which provides goods or services, and (iv) a credit union, co-operative, corporation, sole proprietorship or association of persons, whether or not it is for profit; (b) "city" means the City of Mount Pearl continued by this Act; (c) "council" means the Mount Pearl City Council referred to in section 12; (d) "councillor" includes the mayor and an appointed councillor; (e) "election" includes a general election, a by-election and a special election held under the Municipal Elections Act ; (e.1) "fire department" means the St. John's Regional Fire Department referred to in The City of St. John's Act; (f) "minister" means the minister appointed under the Executive Council Act to administer this Act; (g) "municipality" means a town under the Towns and Local Service Districts Act ; and (h) "real property" means land or an interest arising from land and includes land under water and buildings, structures, improvements, machinery, equipment and fixtures erected or placed upon, in, over or under land or affixed to land. 1988 c35 s2; 1989 c30 Sch B; 1991 c35 s4 ; 1999 c38 s17 ; 2001 cM-20.2 s102 ; 2006 c40 s21 ; 2023 cT-6.2 s312 PART I CITY CONTINUED Back to Top City continued 3. (1) The inhabitants within the area set out in Schedule A are continued as a corporation under the name: "the City of Mount Pearl". (2) The Lieutenant-Governor in Council may by order on the recommendation of the minister and subject to a feasibility report prepared under section 5, establish and alter the boundaries of the city and amalgamate towns or communities with the city or annex areas to the city. 1988 c35 s3 Back to Top Publication of boundary 4. (1) In addition to the requirements for publication in the Gazette under the Statutes and Subordinate Legislation Act, an order made under section 3 shall be published by the minister in a newspaper having general circulation in the city, and by public notice posted in the city. (2) An order made under section 3 shall have effect from the date of the publication in the Gazette or an earlier or later date that may be stated in the order and the date may be either before or after the date on which the order is made. (3) An order made under section 3 may provide that for the purposes of an election of a council in an area affected by an order, the order may have effect on a different date than for other purposes. 1988 c35 s4 Back to Top Feasibility report 5. (1) The minister shall order the preparation of a feasibility report in the prescribed form before the making of a recommendation for an order of the Lieutenant-Governor in Council under section 3 and shall appoint a person to prepare a report. (2) The person preparing the feasibility report has the powers of a commissioner under the Public Inquiries Act. (3) The person preparing the feasibility report shall hold public hearings in relation to the preparation of the report. 1988 c35 s5 Back to Top Intent to order report 6. (1) Before the ordering of a feasibility report by the minister under section 5, the minister shall publish a notice of his or her intent to do so in a newspaper having general circulation in the city, and by public notice posted in the area. (2) Where a notice of intent is to be published by the minister under subsection (1) that directly affects a municipality, the minister shall give a prior notification of his or her intent to publish it to the council of that municipality. 1988 c35 s6 Back to Top Coat of Arms 7. (1) The Lieutenant-Governor in Council may, by order, on the request of the minister, proclaim a Coat of Arms for the City. (2) An order made under subsection (1) shall be published in the Gazette under the Statutes and Subordinate Legislation Act and shall be published by the minister in a newspaper having general circulation in the city and by public notice posted in the city. 1988 c35 s7 Back to Top Use of Coat of Arms 8. Except with express permission granted by resolution of the council, no person other than the council, shall assume or use the Coat of Arms or an imitation of it or resemblance to it. 1988 c35 s8 Back to Top Seal 9. The council shall have a corporate seal that may be changed by the council. 1988 c35 s9 Back to Top Seal required 10. (1) The corporate seal of the council is to be affixed to an agreement, contract, deed or document to which the council is a party and which, in order to bind a corporation, is required to be authenticated by a seal. (2) An agreement, contract, deed or document under the corporate seal is to be signed by (a) the mayor, or in the absence of the mayor, the deputy mayor or in his or her absence, by a member of council designated for the purpose; and (b) the city manager or the city clerk or in their absence, the person appointed under section 57 to act for the city manager. 1988 c35 s10 Back to Top Flag 11. (1) The Lieutenant-Governor in Council may, by order, on the request of the minister, proclaim an official flag for the city. (2) An order made under subsection (1) shall be published in the Gazette under the Statutes and Subordinate Legislation Act and shall be published by the minister in a newspaper having general circulation in the city and by public notice posted in the city. (3) The official flag of the city may be flown at all official places and on all official occasions of the city, and at those other places and occasions that the council may approve. 1988 c35 s11 PART II COUNCIL Back to Top Council continued 12. (1) The control and management of the city are vested in a council which is a corporation under the name of the Mount Pearl City Council. (2) All property, assets, powers, rights, obligations and liabilities of the council holding office before July 21, 1988 continue to be vested in or charged against the council under this Act. 1988 c35 s12 Back to Top Mayor and councillors 13. (1) The council shall consist of a mayor and not fewer than 6 councillors as may be prescribed by the minister and the mayor and councillors shall be elected in accordance with the Municipal Elections Act. (2) The mayor shall be elected at large by a separate election. 1988 c35 s13; 2001 cM-20.2 s102 Back to Top Youth representative 13.1 (1) The council may appoint one or more persons with the title "youth representative" to sit with the council and participate in its deliberations for a term and on conditions that the council may decide. (2) A person appointed as a youth representative shall be less than 18 years of age at the time of appointment. (3) A person appointed as a youth representative is not a member of council and shall not be counted for the purpose of determining a quorum or deciding a vote of the council. 2014 c5 s3 Back to Top Wards 14. (1) The council may by a 2/3 vote of the councillors in office at the time of the vote, divide the city into 2 or more wards, define the boundaries of the wards and fix the number of councillors to be elected for each ward. (2) Where the council fixes a number of councillors to be elected for each ward, the council may also fix a number of councillors to be elected at large. 1988 c35 s14; 2004 c47 s8 Back to Top Rep. by 2001 cM-20.2 s102 15. [Rep. by 2001 cM-20.2 s102] 2001 cM-20.2 s102 Back to Top Rep. by 2001 cM-20.2 s102 16. [Rep. by 2001 cM-20.2 s102] 2001 cM-20.2 s102 Back to Top Remuneration and expenses 17. The council (a) may pay to the mayor, deputy mayor and other councillors the annual or other remuneration that may be agreed upon by the council as determined by a 2/3 vote of the total number of councillors and in accordance with the regulations; and (b) may by a vote of the majority of the councillors and in accordance with the regulations reimburse the mayor, deputy mayor and other councillors for reasonable expenses incurred by them in the conduct of city business. 1988 c35 s17 Back to Top Regulations re remuneration 18. (1) The council shall make regulations (a) setting out a scale of remuneration for the mayor, deputy mayor and councillors; and (b) setting out rules as to the amount of reimbursement for expenses, that may be paid out under paragraph 17(b). (2) Payments made under section 17 are to be paid out of the funds of the council and are not to be considered as salary or remuneration in respect of which the office of a councillor shall be declared vacant by resolution of the council. 1988 c35 s18 Back to Top Vacancy in council 19. (1) Where a vacancy occurs in the office of mayor, the deputy mayor shall assume the office of mayor for the remainder of the mayor's term and has the powers and shall exercise the duties of the mayor. (2) [Rep. by 2001 cM-20.2 s102] (3) [Rep. by 2001 cM-20.2 s102] (4) [Rep. by 2001 cM-20.2 s102] (5) [Rep. by 2001 cM-20.2 s102] (6) [Rep. by 2001 cM-20.2 s102] 1988 c35 s19; 2001 cM-20.2 s102 Back to Top Vacancies 20. (1) The office of a councillor becomes vacant (a) where he or she resigns in writing, from the date specified in the resignation, or where no date is specified, from the date when the councillor files the resignation with the city clerk or, where the councillor resigns at a meeting of the council, from the time he or she so resigns; (b) where the council is dismissed under the Department of Municipal and Provincial Affairs Act or where he or she is dismissed as a member of the council; or (c) where the council declares the office vacant under subsection (2). (2) The council shall, by resolution, declare vacant the office of an elected councillor where he or she (a) [Rep. by 2021 cM-20.01 s24] (b) stops being ordinarily resident in the city; (c) has been absent from the city for more than 1 year; (d) becomes indebted to the council for arrears of taxes for a prior year; (e) without leave of the council (i) neglects to be sworn or affirmed into office within 2 months after his or her election, or (ii) does not attend meetings of the council for 3 successive months; or (f) accepts, without the prior approval of the minister, an office or employment under the council to which a salary or remuneration, not including an honorarium, payable out of the funds of the city is attached. (3) A councillor in respect of whom a resolution is made under subsection (2) may not vote on that resolution. (4) A councillor who sits or acts as a councillor after his or her office becomes vacant is guilty of an offence and is liable on summary conviction to a fine of not more than $20 for each time he or she so sits or acts. 1988 c35 s20; 2021 cM-20.01 s24 Back to Top Appeal to Trial Division 21. (1) A councillor who is aggrieved by a resolution made under subsection 20(2) may appeal to a judge of the Trial Division by filing a notice of appeal with the court within 21 days of the date on which the resolution was made and upon paying into the court the sum, or upon giving a bond for the sum, that the judge considers sufficient to defray the costs of the appeal. (2) A copy of the notice of appeal shall be filed with the city clerk by the appellant or his or her solicitor. (3) The notice of appeal shall set out in detail the allegations of the appellant and the grounds of the appeal and shall be signed by the appellant or his or her solicitor. (4) The appellant shall, within 14 days after the service of the notice of appeal under this section, apply to the judge for the appointment of a day for the hearing of the appeal. (5) The city clerk shall produce before the judge all papers and documents in the possession of the council relevant to the appeal. (6) The judge shall hear the appeal and the evidence brought forward by the appellant and the council in a summary manner and shall decide the matter of the appeal by (a) upholding, amending or revoking the resolution after consideration of the applicability to the appeal of the matters set out in subsection 20(2); or (b) making another decision that the judge considers to be appropriate in the circumstances. (7) The judge may make an order as to costs either for or against the appellant or the council, and may fix the amount of the costs. 1988 c35 s21; 2013 c16 s25 Back to Top Rep. by 2021 cM-20.01 s24 22. [Rep by 2021 cM-20.01 s24] 2021 cM-20.01 s24 Back to Top Rep. by 2021 cM-20.01 s24 23. [Rep by 2021 cM-20.01 s24] 2021 cM-20.01 s24 Back to Top Rep. by 2021 cM-20.01 s24 24. [Rep by 2021 cM-20.01 s24] 2021 cM-20.01 s24 Back to Top Rep. by 2021 cM-20.01 s24 25. [Rep by 2021 cM-20.01 s24] 2021 cM-20.01 s24 Back to Top Rep. by 2021 cM-20.01 s24 26. [Rep by 2021 cM-20.01 s24] 2021 cM-20.01 s24 Back to Top Presiding officer 27. The mayor is the presiding officer of the council and is the official head of the city for ceremonial purposes. 1988 c35 s27 Back to Top Deputy mayor 28. (1) At the 1st meeting after the election, or where the position becomes vacant, the mayor and councillors shall elect 1 of the councillors to be deputy mayor. (2) In the absence or incapacity of the mayor the deputy mayor has the duties and shall exercise the powers of the mayor. 1988 c35 s28 Back to Top Duties 29. The mayor (a) shall be vigilant and active in causing the laws of the government of the city to be executed and obeyed and in making all reasonable efforts to advance and promote the aims and objects of the council; and (b) shall exercise the powers and perform the duties that may be conferred or imposed upon the mayor by the council, this Act or the regulations. 1988 c35 s29 Back to Top Authority of council 30. The mayor is subject to the direction and control of the council and shall abide by a decision of the council. 1988 c35 s30 Back to Top Frequency of meetings 31. (1) The council shall meet at least once a month for the dispatch of general business at the call of the clerk, which call shall be made upon the request of the mayor, or upon the written request by any 2 councillors, and shall meet at other times in the same manner. (2) A schedule of the regular monthly meetings to be held under subsection (1) shall be approved annually by resolution of the council and shall set out the date, time and place of the regular meetings. (3) Special meetings of the council shall be called by the clerk upon the request of the mayor or any 2 councillors. (4) Where a special meeting is called under subsection (3), the clerk shall give notice of the meeting to all members of the council by delivering a notice to a councillor (a) in person; (b) at his or her place of residence; or (c) at the councillor's place of business at least 24 hours before the time set for the meeting. (5) The council may allow a councillor to participate in a meeting by electronic means where the electronic means enables the councillor to listen to the proceedings and to be heard. (6) A councillor participating in a meeting by electronic means is considered to be in attendance at the meeting. (7) Subsections (5) and (6) also apply to meetings held under section 41. 1988 c35 s31; 2014 c5 s4 Back to Top Presiding officer 32. (1) The mayor, and in the absence of the mayor, the deputy mayor, shall preside at all meetings of the council. (2) Where both the mayor and deputy mayor are absent from a meeting, the other councillors shall appoint a temporary chairperson who has and may exercise the powers and carry out the duties of the mayor at the meeting. (3) The mayor or person presiding at a meeting of council may, where he or she wants to enter debate, be replaced as the presiding officer by the deputy mayor or temporary chairperson for the time during which the mayor or person presiding is speaking. 1988 c35 s32 Back to Top Points of order 33. (1) The decision of the presiding officer on a point of order is subject to an appeal to the council that is to be decided without debate. (2) The procedure for appealing a decision on a point of order is as follows: (a) the councillor wishing to appeal the ruling shall state: "I appeal the ruling of the presiding officer."; (b) the presiding officer shall then immediately put the question, without debate, as follows: "It is moved that the presiding officer's ruling be upheld."; (c) the motion is carried or defeated by majority vote in the same manner as other disputed motions are decided. 1988 c35 s33 Back to Top Quorum 34. (1) A majority of the number of councillors that may be elected for the city constitute a quorum for the purposes of a meeting of the council. (2) Where the number of councillors holding office is less than a quorum, the minister may appoint a sufficient number of councillors to make a quorum. (3) A councillor appointed under subsection (2) holds office until the expiration of the term of office of the councillors who held office on the councillor's appointment. 2001 cM-20.2 s102 Back to Top Absence of quorum 35. Where the number of councillors holding office is less than a quorum, the clerk shall within 24 hours notify the minister of that fact and the minister may authorize the councillors remaining in office to perform all or those of the functions of the council that the minister may prescribe. 1988 c35 s35 Back to Top Voting 36. (1) Unless otherwise provided, a disputed question before the council is to be decided by a majority vote of the councillors in attendance at the meeting, inclusive of the presiding officer. (2) Notwithstanding subsection (1), where a councillor abstains from voting on a disputed question a decision is not to be taken on that question unless the number of councillors in favour of the question is equivalent to or more than a majority of the councillors in attendance at the meeting, inclusive of the presiding officer. (3) Where there is a tie vote on a question, the question shall be raised at the next meeting of the councillors and if the vote on the question at that meeting is a tie vote, the motion shall be considered to be lost. 1988 c35 s36 Back to Top Rules of procedure 37. The council shall adopt rules of procedure for its meetings. 1988 c35 s37 Back to Top Regulations 38. (1) Regulations made by the council under this Act shall be adopted by resolution of the council. (2) A copy of regulations passed by the council and certified by the city clerk shall be sent to the minister by the city clerk within 14 days of their adoption by the council. 1988 c35 s38 Back to Top Notice prior to regulations 39. A regulation or an amendment or repeal of the regulation, shall not be considered by the council without written notice having been given at a previous meeting. 1988 c35 s39 Back to Top Publication 40. (1) Where a regulation is passed by the council under this Act, there shall be published in a newspaper having general circulation in the city either a copy of the regulation or a notice setting out concisely the object and the date of passing of the regulation and a statement that a person who wishes to view the regulation may do so at the office of the city clerk of the Mount Pearl City Council at City Hall and a person who wishes to obtain a copy may obtain it at that office upon the payment of a reasonable charge, as established by the council. (2) Upon publication of the notice referred to in subsection (1) in a newspaper, the regulation shall come into force on the date of publication or on an earlier or later date that may be noted in the regulation. 1988 c35 s40 Back to Top Public meetings 41. (1) A meeting of the council is open to the public, unless it is held as a privileged meeting or declared by vote of the councillors present at the meeting to be a privileged meeting. (2) Where a meeting is held as a privileged meeting or declared to be a privileged meeting, all members of the public present at the meeting shall leave. (3) Where a decision is made by the councillors at a privileged meeting, the decision, in order to be valid, shall be ratified at a public meeting of the council. 1988 c35 s41 Back to Top Committees 42. The council may establish those standing or special committees that it considers desirable to consider matters referred to them by the council and make recommendations to the council. 1988 c35 s42 Back to Top State of emergency 43. (1) Where, in the opinion of the council or a person or group so authorized by the council, an emergency exists because of a real or anticipated occurrence or disaster which endangers or is likely to endanger the health or safety of some or all of the population of the city, the council or the mayor where previously authorized by the council, may declare a state of emergency in the city or a part of it. (2) Where a state of emergency is declared under subsection (1), the council or the mayor where previously authorized by the council, may order (a) the closing of or the hours of operation of businesses and schools or a class of them, in the city; (b) the banning or controlling of public gatherings; (c) the evacuation of buildings; (d) the restriction or prohibition of the use of vehicles or a class of them on the streets of the city; (e) the restriction or prohibition of the use of water in the city; and (f) other action that the council considers necessary. 1988 c35 s43 Back to Top Permits 44. The council may, by regulation, require the obtaining of permits or licences in respect of anything that may be done or may be permitted to be done under this Act or the regulations, and may (a) fix the fees payable for the permits and licences; (b) provide for conditions to be attached to the permits and licences; (c) provide for the issuing of temporary permits and licences; and (d) provide for the length of a permit and licence and their revocation. 1988 c35 s44 Back to Top Public tenders 45. The execution of public works, the acquisition of goods or services and the leasing of space by the council shall be in accordance with the Public Tender Act, and for the purpose of this section "public works" and "goods or services" have the same meaning as in the Public Tender Act. 1988 c35 s45 Back to Top Inspection of documents 46. (1) The following documents shall be made available by the council for public inspection during the normal business hours of the council: (a) adopted minutes of the council; (b) assessment rolls; (c) regulations; (d) municipal plans; (e) opened public tenders; (f) financial statements; (g) auditor's reports; (h) adopted budgets; (i) contracts; (j) orders; (k) permits; (l) councillor disclosure statements filed under section 26; and (m) all other documents tabled or adopted by council at a public meeting. (2) A person making an inspection under subsection (1) (a) shall not remove the document from the place where it is located or interfere with an employee of the council in the performance of his or her duties; and (b) may make extracts from the documents, and may, where the council has copying equipment, have a copy made of the documents upon payment of a fee equal to the actual cost of providing that copy. 1999 c38 s19 Back to Top Copies of documents 47. Where an action has started in a court and the city clerk is satisfied or the court has ordered that an extract from a document in the possession of or under the control of the city clerk is required in evidence in the action, the city clerk shall, upon payment of the charge that may be prescribed by the council, provide to the person requiring the extract a certified copy of the extract with the seal of the council attached to it. 1988 c35 s47 Back to Top Proof of documents 48. An extract provided under section 47 purporting to be certified by the city clerk and having the seal of the council attached to it shall be received in evidence as, in the absence of evidence to the contrary, proof of the extract without proof of the appointment or signature of the city clerk or the seal of the council. 1988 c35 s48 Back to Top Authentication of documents 49. All deeds and documents to which the council is a party and to which a seal is necessary are to be authenticated by the seal of the council. 1988 c35 s49 Back to Top Rep. by 1995 cL-16.1 s.30(3) 50. [Rep. by 1995 cL-16.1 s.30(3)] 1995 cL-16.1 s.30(3) Back to Top Agent 51. The council may act as the agent of the Government of Canada or the province, or another municipality, for the management of property in the city owned or leased by that government or municipality, by agreement with that government or municipality. 1988 c35 s51 Back to Top Joint ventures 52. The council may enter into an agreement with the government of the province, another municipality or other body for the joint construction, ownership, maintenance and operation of a facility or service that the council is permitted to construct, own, maintain and operate under this Act. 1988 c35 s52 Back to Top Plebiscites 53. (1) The council may, by a vote of 2/3 of the councillors in office, hold a plebiscite in the city for the purpose of determining the views of the voters in the city and may (a) set the date for the holding of the plebiscite; and (b) define the question to be voted on in the plebiscite. (2) A plebiscite shall, with the necessary changes, be held in accordance with the Municipal Elections Act. 1988 c35 s53; 2001 cM-20.2 s102 Back to Top Private services 54. The council may contract to do work, supply goods or provide a service not authorized for the council under this Act where it has equipment, staff or goods surplus to its needs and charges normal commercial rates so long as the service is not otherwise ordinarily provided by a person. 1988 c35 s54 PART III STAFF Back to Top Appointment of manager 55. The council may by a vote of 2/3 of the councillors in office, appoint a city manager, who is to be paid a salary to be fixed by the council. 1988 c35 s55 Back to Top Appointment as clerk 56. The city manager may be appointed city clerk or acting city clerk in addition to his or her other duties under this Act. 1988 c35 s56 Back to Top Acting manager 57. (1) Where the office of city manager is vacant, or the city manager is unable to carry out his or her duties, the council may by resolution appoint a person to act as city manager and fix his or her salary. (2) The acting city manager has and may exercise the powers and shall carry out the duties of the city manager. (3) Notwithstanding subsection (1), where the city manager is temporarily absent or unable to carry out his or her duties, the city manager may, subject to change by the council, designate a person as acting city manager. 1988 c35 s57 Back to Top Duties 58. (1) The city manager is the chief executive and administrative officer of the council and head of its administrative branch and is responsible to it for the proper planning, execution, conduct and the proper administration of the affairs of the council in accordance with the policies determined by the council. (2) [Rep. by 2006 c36 s3] 1988 c35 s58; 2006 c36 s3 Back to Top Overall power of council 59. (1) The city manager shall not disobey, disregard or overrule a decision of the council. (2) Where it is provided that the city manager may or shall make a recommendation, the council shall receive and consider the recommendation, but it is not bound to follow it nor is a recommendation of the city manager a condition precedent to action by a council. 1988 c35 s59 Back to Top Attendance at meetings 60. The city manager shall attend, or be represented by his or her designate, at all meetings of the council, and may at the discretion of the council attend meetings of the committees, but has no vote. 1988 c35 s60 Back to Top Right to speak 61. The city manager may take part in the discussion of all matters coming before a meeting of the council or its committees. 1988 c35 s61 Back to Top Use of employees 62. The city manager may use the services of the heads of departments and of all other employees of the council for the purpose of carrying out his or her duties. 1988 c35 s62 Back to Top Report of disagreement 63. The city manager shall, where so requested in writing by a department head giving reasons for the request, report to the next meeting of the council that the department head is not in agreement with a plan, proposal or appointment of the city manager. 1988 c35 s63 Back to Top Expenditures 64. The city manager may make or authorize the making of expenditures for the purchase of equipment, supplies, work or other thing required for the carrying on of the business of council, and the city manager may enter into contracts for those purchases on behalf of the council (a) where the expenditure does not exceed in any 1 case, the amount to be prescribed by council, without reference to the council; and (b) where the expenditure exceeds in any 1 case the prescribed amount under paragraph (a), with the prior approval by resolution of the council. 1988 c35 s64 Back to Top Emergency expenditures 65. Notwithstanding section 64, where, in the opinion of the city manager, the immediate expenditure of an amount in excess of the prescribed amount under paragraph 64(a) is necessary to meet an emergency situation, the city manager may make that expenditure without the prior approval of the council and shall report on it to the council at its next meeting. 1988 c35 s65 Back to Top Recommendation of manager 66. (1) Where an expenditure in excess of the prescribed amount under paragraph 64(a) in any 1 case is proposed, the council shall not make the expenditure until it has requested the recommendations of the city manager with respect to it. (2) Where the city manager's recommendations are received, or where the city manager does not make his or her recommendations within a reasonable time, the council may make the expenditure in the manner and subject to the conditions that it considers appropriate. (3) The council is not bound to adopt recommendations made to it by the city manager under subsection (1). 1988 c35 s66 Back to Top Delegation 67. (1) The city manager may delegate some or all of his or her powers and duties to those officers of the council that he or she considers appropriate, except those of his or her powers and duties that the council specifically exempts from delegation. (2) Notwithstanding subsection (1), in the case of an emergency, the city manager may delegate his or her powers without reservation. 1988 c35 s67 Back to Top Appointment of clerk 68. The council shall, by a vote of 2/3 of the councillors, appoint a city clerk, who is to be paid a salary to be fixed by the council. 1988 c35 s68 Back to Top Appointment as manager 69. The city clerk may be appointed city manager or acting city manager in addition to his or her other duties under this Act. 1988 c35 s69 Back to Top Acting clerk 70. (1) Where the office of city clerk is vacant, or the city clerk is unable to carry out his or her duties, the council shall appoint a person to act as city clerk and fix that person's salary. (2) The acting city clerk has and may exercise the powers and shall carry out the duties of city clerk. 1988 c35 s70 Back to Top Oaths or affirmations 71. The city clerk may administer oaths, affirmations and take and receive affidavits for the purposes of this Act. 1988 c35 s71 Back to Top Duties 72. (1) The city clerk is the secretary to the council and is responsible to it for recording the proceedings and decisions of the council and for the safekeeping of all documents of the council. (2) [Rep. by 2006 c36 s3] 1988 c35 s72; 2006 c36 s3 Back to Top Attendance at meetings 73. The city clerk shall attend, or be represented by his or her designate, at all meetings of the council and at the discretion of council may attend meetings of its committees, but has no vote at a meeting. 1988 c35 s73 Back to Top Departments 74. (1) The council may (a) establish departments; (b) appoint for those departments the department heads that are necessary for the effective operation of the council; and (c) set out the roles and responsibilities of those department heads. (2) Where there is a city manager, the council shall seek his or her recommendation before establishing a department or appointing a department head. (3) The council may appoint one person to head 2 or more departments established under paragraph (1)(a). (4) The department heads are responsible to the city manager, or, to the council, where there is no city manager. 2016 c49 s25 Back to Top Rep. by 2016 c49 s26 75. [Rep. by 2016 c49 s26] 2016 c49 s26 Back to Top Salary 76. A department head is to be paid a salary fixed by the council. 1988 c35 s76 Back to Top Rep. by 2016 c49 s27 77. [Rep. by 2016 c49 s27] 2016 c49 s27 Back to Top Rep. by 2016 c49 s27 78. [Rep. by 2016 c49 s27] 2016 c49 s27 Back to Top Rep. by 2016 c49 s27 79. [Rep. by 2016 c49 s27] 2016 c49 s27 Back to Top Rep. by 2016 c49 s27 80. [Rep. by 2016 c49 s27] 2016 c49 s27 Back to Top Rep. by 1991 c35 s4 81. [Rep. by 1991 c35 s4] 1991 c35 s4 Back to Top Tenure 82. The city manager and department heads hold office during the pleasure of the council. 1988 c35 s82 Back to Top Dismissal 83. (1) The city manager or department head may be dismissed by a vote of 2/3 of the councillors in office at a meeting called in accordance with subsection (2), where the vote to dismiss is confirmed by a similar vote at a meeting of the councillors held not earlier than 1 month after the meeting at which the 1st vote to dismiss was carried. (2) A meeting of councillors may not hold a vote on a motion to dismiss under subsection (1) unless (a) a written notice of the meeting signed by the councillors intending to make the motion and second it is deposited with the city clerk; and (b) a copy of the notice addressed to the person who is the subject of the motion is served on him or her personally or by leaving it at the person's latest known address at least 1 week before the date of the meeting of the council at which the motion to dismiss is to be made. 1988 c35 s83 Back to Top Retirement 84. The city manager or department heads may be retired in accordance with a pension scheme established under this Act where that person becomes qualified for a pension, allowance or gratuity under that pension scheme. 1988 c35 s84 Back to Top Suspension 85. (1) Where the council is of the opinion that the city manager or a department head has grossly misconducted himself or herself in the performance of his or her duties or in the exercise of his or her powers under this Act, the council may, by a vote of 2/3 of the councillors in office, suspend the city manager or a department head from office for a period not in excess of 1 month. (2) Where the dismissal procedure is taken under section 83, the period of suspension shall continue until that procedure is completed, and where the dismissal procedure is started, it shall be concluded within 2 months of the date of the beginning of the suspension. (3) The suspended person is not entitled to be paid his or her regular salary during the initial 1 month period of suspension unless the suspension is later found to be unwarranted by the council. 1988 c35 s85 Back to Top Positions 86. (1) The council may establish positions for the administration of the city and determine the salary for each position. (2) The council shall establish written job specifications for each position established by it setting out the duties for each position and the qualifications of persons to fill the positions. (3) The council shall seek the recommendations of the city manager before exercising its powers under subsections (1) and (2).

1988 c35 s86 Back to Top Employment, etc. 87. (1) The city manager may, on behalf of the council and after consultation with the head of the department concerned, employ, discipline, suspend or dismiss an employee of the council, other than a department head. (2) The authority that may be exercised by the city manager under subsection (1) is subject to the terms of a collective agreement or other employment contract to which the council is a party. (3) Where there is no collective agreement or other contract regulating the procedures to be followed under subsection (1), the council shall, upon the written recommendation of the city manager establish written procedures governing the exercise of the powers set out in subsection (1). (4) The council itself may employ, discipline, suspend or dismiss an employee of the council, subject to subsections (2) and (3), after consulting with the city manager. 1988 c35 s87 Back to Top Transfer after annexation 88. Where the council decides the positions of permanent employees of the council are redundant as a result of an order annexing a municipality or a part of a municipality with the city, the minister may by order determine what positions are redundant and make those directions as to transfers that may be necessary, including directions specifying an earlier or later date from which the order shall be made effective. 1988 c35 s88 Back to Top Bonding 89. (1) An employee of the council whose duties include the collecting, receiving or depositing of money shall be bonded in the amount specified by the council. (2) The council shall pay the premiums on bonds entered into under this section. (3) The auditor shall, during the course of each audit, inspect the bonds entered into under this section and report on their sufficiency to the council. (4) At a meeting to be held not later than February 15 in each year, the council shall examine the bonds entered into under this section. 1988 c35 s89 Back to Top Pension scheme 90. (1) The council may provide a pension scheme for full-time employees, regular part-time employees, or a class of employees and for those employees, who have worked as employees for a stated period and discontinued their employment or have suffered permanent disability before reaching retirement age. (2) The council shall determine (a) whether the pensions, allowances and gratuities are to be paid (i) by contract with the Crown in right of Canada under the Government Annuities Act ( Canada), (ii) by contract with an insurer authorized to carry on business in the province, (iii) by contract with the Crown in right of the province, or (iv) by other methods that the minister may approve; and (b) the classes of employees who are to be eligible to receive a payment under the pension scheme and the amount of the payment. (3) The council (a) shall deduct or provide for the deduction by instalments from the salary, wages, or other remuneration of each employee who is eligible to receive a payment under the pension scheme, of the amount that the employee is to contribute under the pension scheme; and (b) shall provide for payment of contributions to be made by the council under the pension scheme. 1988 c35 s90 Back to Top Regulations 91. (1) The council may make those regulations that in its opinion are necessary or desirable to provide for the pension scheme and for a matter connected with it for which no express provision has been made under section 90 or in respect of which only partial or imperfect provision has been made. (2) Regulations made under subsection (1) have effect from an earlier or later date that may be prescribed in the regulations. 1988 c35 s91 Back to Top Portability 92. (1) A person, who before becoming an employee of the council, was in the employment of the Government of Canada, the government of a province, a municipality in Canada, the City of St. John's or of a corporation or institution having a pension plan may be credited, as pensionable service with the council, with the whole or part of the pensionable service credited to him or her by that employment. (2) The council may make an agreement with a body described in subsection (1) providing for the crediting, on a reciprocal basis, of the whole or part of the pensionable service served by the employee with that body, as pensionable service with the city. 1988 c35 s92 Back to Top Group insurance 93. (1) The council may arrange to provide a group insurance scheme for employees or a class of employees, and for volunteer members of its fire department and for that purpose may enter into those arrangements that the council may determine with insurance or other companies or with the Crown. (2) A group insurance scheme entered into under subsection (1) is to be based on a plan of contributions by the council and its employees, except for volunteer members of its fire department where all contributions shall be paid by the council. 1988 c35 s93 Back to Top Eligibility 94. The council may determine the persons or a class of persons who are eligible to receive benefits under a group insurance scheme entered into under section 93. 1988 c35 s94 Back to Top Contributions 95. The council shall provide for the payment of contributions to be made by the council under a group insurance scheme and shall deduct or provide for deductions by instalments from the salary, wages or other remuneration of an employee who is eligible to receive a benefit under the scheme. 1988 c35 s95 Back to Top Training 96. The council may carry out staff training on its own or in co-operation with other councils, municipalities or bodies engaged in staff training programs and may arrange to help its employees financially and otherwise in taking those training programs. 1988 c35 s96 PART IV FINANCE Back to Top Financial year 97. The financial year of the council is from January 1 to December 31. 1988 c35 s97 Back to Top Bank account 98. (1) The council shall open a bank account in a bank approved by the council and shall deposit to its credit all money received by it. (2) All cheques or orders withdrawing money from the bank account of the council shall be signed by a person designated for that purpose by the council, and countersigned by the city manager or the city clerk or the designated department head. (3) In this section "bank" includes a credit union registered under the Co-operative Societies Act. 1988 c35 s98; 2016 c49 s28 Back to Top Mechanical signatures 99. The city manager, the city clerk and the designated department head may impress their signatures by machinery on cheques and cheques that have been so impressed are good and valid to all intents as if the cheques had been signed in the proper handwriting of the city manager, the city clerk or the designated department head. 2016 c49 s29 Back to Top Interest on overdue accounts 100. The council may charge a rate of interest on payments due to the council so long as the rate of interest is not in excess of that provided in section 131. 1988 c35 s100 Back to Top Annual budgets 101. (1) The council shall, not later than December 1 in each year, prepare and adopt a budget containing estimates of the revenue and expenditure of the council for the next financial year and a statement showing the rate of tax that will be imposed during that year. (2) The budget shall be in the form that the minister may prescribe and a copy shall be sent to him or her on or before December 31 in each year and a copy of the budget shall be published in a daily newspaper having general circulation in the city. 1988 c35 s101 Back to Top Budget 102. In a budget proposed expenditures shall not exceed anticipated revenues. 2016 c49 s30 Back to Top Contents of budget 103. (1) The budget shall include only local revenue and federal and provincial revenue for which written authorization has been received. (2) Expenditures shall not be provided in a budget for capital reserves except where the council has considered it necessary to set aside in the financial statements a reserve from the accumulated surplus, investments of funds for specific purposes of a capital nature. (3) The unappropriated accumulated surplus, or accumulated deficit, appearing in the audited financial statements as at the end of the previous financial year, shall be credited or debited as items of revenue or expenditure in the budget of the next financial year. (4) Where the amounts of unappropriated accumulated surplus or accumulated deficit, referred to in subsection (3) are in the opinion of the council substantial, they may be credited or debited in future budgets over the period of years that may be determined by the council. (5) Notwithstanding subsection (2), the city may provide for an expenditure in its budget for a capital reserve where the city considers it necessary to establish a capital reserve for a specific capital project and that reserve shall appear in its audited financial statement. (6) An operating reserve fund may be provided for in a budget, subject to the prior written approval of the minister, for a specific purpose, a specified annual amount and over a specified period of years that the council shall approve. (7) A reserve fund under subsection (6) may be invested by the council. 1988 c35 s103; 1999 c38 s20 ; 2016 c49 s31 Back to Top Revised budget 104. (1) Where, during a financial year it appears that the actual revenue and expenditure is likely to be substantially greater or less than estimated, the council shall prepare and adopt a revised budget in the prescribed form. (2) A copy of the revised budget shall be sent to the minister within 2 weeks of its adoption. (3) A revised budget shall not take effect until 1 month from the date of its adoption by the council. 1988 c35 s104 Back to Top Effect of budget 105. (1) The council shall not, without authorization by a 2/3 vote of the councillors in office at the time of the vote incur, enter into, contract, or become liable for, an expenditure or indebtedness beyond or in excess of the estimated amount of expenditure set out in the adopted budget or revised budget. (2) Where under subsection (1) the council has acted to substantially increase the estimated amount of expenditure set out in the adopted budget, council shall within 30 days prepare and adopt a revised budget in the prescribed form. 1988 c35 s105 Back to Top Partnership budgeting 106. (1) Where the city has incurred major deficits in a financial year of an extent that the minister considers it advisable to do so, the minister may, by order, require the council to submit its budget or revised budget to him or her for approval and the minister may approve or disapprove a budget or revised budget so submitted to him or her. (2) Where a minister has made an order under subsection (1), the minister may also assign an officer of his or her department to help the council in the preparation of its budget or revised budget. 1988 c35 s106 Back to Top Books of account 107. The council shall ensure that complete books of account are kept of the financial dealings of the council. 1988 c35 s107 Back to Top Financial statement 108. (1) The council shall prepare and adopt, within 5 months of the end of each financial year, a financial statement in a manner consistent with generally accepted accounting principles established periodically by the Public Sector Accounting Board. (2) The mayor and the designated department head shall sign the financial statement and shall attach a report that an auditor has made with respect to the financial statement. (3) The council shall publish the financial statement, together with an auditor's report on it in a newspaper having general circulation in the city within 30 days of its adoption where there is no auditor's report, or within 30 days of the receipt of the auditor's report where there is a report. 1988 c35 s108; 2016 c49 s32 Back to Top Appointment of auditor 109. (1) The council shall appoint an auditor not later than July 30 in the year preceding the year in which the audit is required to be reported under section 113 to audit the accounts of the council and report on the financial statement prepared by the council. (2) An auditor appointed under subsection (1) shall be a member of (a) the Association of Chartered Professional Accountants; or (b) the auditor general and the auditor general's staff who is licensed as a public accountant under the Chartered Professional Accountants and Public Accountants Act and his or her appointment remains in effect until revoked by council. (3) [Rep. by 2016 c49 s33] 1988 c35 s109; 1998 c6 s5 ; 2014 cC-10.1 s57 ; 2016 c49 s33 Back to Top Appointment by minister 110. Where the council does not appoint an auditor within the time set out in section 109 or the auditor is not a qualified person under that section, the minister shall appoint an auditor to audit the accounts of the council and report on the financial statement prepared by the council. 1988 c35 s110 Back to Top Auditor's powers 111. An auditor may call for, and the council shall supply, all books and vouchers of the council that the auditor considers necessary to enable him or her to properly audit its accounts. 1988 c35 s111 Back to Top Auditor's report 112. The auditor shall examine and report on the annual financial statement of the council and its books of account and in his or her report shall particularly direct his or her attention to (a) an expenditure in excess of the budget of the council; (b) the position with regard to arrears of revenue; (c) the manner in which the accounts have been kept; (d) the adequacy of the safeguards against fraud; (e) the sufficiency of bonds entered into under section 89; and (f) other matters connected with the accounts that the auditor may consider of sufficient interest or importance to mention. 1988 c35 s112 Back to Top Time of completion 113. The auditor shall complete and submit a report on his or her audit within 5 months of the end of the financial year being audited. 1988 c35 s113 Back to Top Copy to minister 114. The council shall send a copy of the audit to the minister within 30 days of its receipt. 1988 c35 s114 Back to Top Interim report 115. The auditor shall, at the request of the council or the minister, make an interim report on the accounts of the council and shall send a copy of the report to the council and the minister within 30 days of its completion. 1988 c35 s115 Back to Top Current account borrowing 116. (1) The council may borrow sums of money for current account purposes. (2) The indebtedness of the council incurred as a result of borrowing an amount under subsection (1) shall not exceed 20% of its estimated tax yield, grants-in-lieu and other assured revenue, other than water and sewage subsidies paid by the province to the council, in the financial year in which the borrowing takes place. (3) All amounts borrowed under subsection (1) shall be repaid before the end of the fiscal year in which the borrowing takes place. (4) Notwithstanding subsections (2) and (3), the council may, with the prior written approval of the minister, (a) borrow money for current account purposes in an amount which is greater than 20% of its estimated tax yield, grants-in-lieu and other assured revenue; and (b) finance the repayment of money borrowed under this subsection and in accordance with subsection (2) beyond the year in which it is borrowed. 1999 c38 s21 Back to Top Long term borrowing 117. Subject to the approval of the minister, the council may borrow money for capital purposes and issue securities for the repayment of money borrowed. 1988 c35 s117 Back to Top Capital budget 118. The council shall annually on or before the end of each year submit to the Municipal Capital Projects Board established under the Municipal Grants Act a 5 year forecast of its anticipated capital expenditure requirements. 1988 c35 s118 Back to Top Unauthorized expenditure 119. (1) Where, without the prior approval of the minister, the council uses money borrowed under section 117 for a purpose other than the purpose for which the minister approved the raising of the loan, the councillors who voted for the use of the money are personally and jointly and individually liable for the restoration of that money to the council, and the council may recover the money as a civil debt due to it. (2) Where a person entitled to vote in an election for councillors files a written request with the council concerned asking it to bring an action against councillors who incur liability under subsection (1) for the recovery of the money referred to in the subsection and the council refuses or neglects to do so for 1 month, then, the person who filed the request may bring the action on behalf of himself or herself and other persons in the city. 1988 c35 s119 Back to Top Certificate 120. (1) A debenture issued by the council shall have on it the following certificate: "This debenture is valid and binding according to its terms and its validity is not open to question in a court in the province, and this certificate is given under the City of Mount Pearl Act. Dated at St. John's , Newfoundland and Labrador this _____ day of _______, 19__. Deputy Minister of Municipal and Provincial Affairs". (2) The certificate as set out in subsection (1) on a debenture when signed by the Deputy Minister of Municipal and Provincial Affairs is conclusive that (a) the council had full power and authority in law and in fact to make and issue the debenture; (b) the debenture has been lawfully and validly made and issued; (c) that the debenture is valid and binding on the council according to its terms; and (d) its validity is not open to question in a court in the province. (3) The Deputy Minister of Municipal and Provincial Affairs may impress his or her signature by machinery on debentures, and a certificate on which his or her signature has been so impressed is good and valid to all intents as if it had been signed in the proper handwriting of the deputy minister. 1988 c35 s120; 2001 cN-3.1 s2 Back to Top Currency 121. Where the council borrows money under section 117, the amount of the loan to be raised shall be stated in Canadian dollars. 1988 c35 s121 Back to Top Signature of debentures 122. The mayor, the city clerk or city manager may impress their signatures by machinery on debentures issued by the council, and debentures that have been so impressed are good and valid to all intents as if they had been signed in the proper handwriting of the mayor, city clerk or city manager. 1988 c35 s122 Back to Top Powers of expenditure 123. (1) The council may pay, out of the funds at its disposal, salaries or remuneration to the councillors, officers, auditors and employees of the council, and all the other expenditures incurred in the execution of the powers and duties vested by this Act or other law in the council, subject to there being a provision for the expenditure in the adopted budget or revised budget. (2) The council may, out of the funds at its disposal, and by a 2/3 vote of councillors in office, provide a grant for charitable or philanthropic causes that it considers appropriate but grants may not be provided to political parties or candidates in municipal, provincial or federal elections. 1988 c35 s123; 2016 c49 s34 Back to Top Rep. by 1999 c38 s22 124. [Rep. by 1999 c38 s22] 1999 c38 s22 Back to Top Guaranteed loans expenditure 125. Where the council has raised money by a loan advanced or guaranteed by the Crown or under bonds or debentures issued by the council with their repayment guaranteed by the Crown, the money shall not, except with the consent of the Lieutenant-Governor in Council, be attached, held or otherwise taken under powers of law to satisfy an obligation of the council arising out of a contract entered into without the prior approval of the minister. 1988 c35 s125 PART V TAXES Back to Top Imposition of taxes 126. All taxes that may be imposed or varied by the council shall be imposed or varied by a resolution of council. 1988 c35 s126 Back to Top Tax rates fixed annually 127. (1) The council may, in the resolution imposing or varying the tax, set out the date when that tax is due. (2) Where a tax is imposed or varied by the council within 3 months of the beginning of the financial year the tax is considered to have become due from the beginning of that financial year, unless a later date is set out under subsection (1). (3) Where a tax is imposed or varied after 3 months of the beginning of the financial year, it shall not take effect until the beginning of the next succeeding financial year unless a later date is set out under subsection (1). 1988 c35 s127 Back to Top Instalment payments 128. The council may provide for the payment of a tax imposed under this Act at monthly or bi-monthly intervals or at those other times that may be determined by resolution of the council and may charge a rate of interest on the payments not in excess of that provided for under section 131. 1988 c35 s128 Back to Top Effect of extensions 129. (1) Notwithstanding section 130, where the time for the completion of the assessment roll is extended, or the time for the closing of the assessment review commission is extended under the Assessment Act, 2006 and as a result the council is unable to impose or vary the real property tax within 3 months of the beginning of the financial year, the real property tax is considered to become due from the beginning of that financial year, unless the council sets a later date under section 127. (2) Notwithstanding section 127, where a water system, sewage system or water and sewage system are installed during a financial year, the water and sewage tax imposed in relation to the installation is considered to become due from the beginning of that financial year, unless the council sets a later date under section 127. 1988 c35 s129; 2006 cA-18.1 s48 Back to Top Duration of tax 130. Taxes imposed or varied by the council remain in effect and are due according to the nature of the tax and its method of payment, until the resolution of council imposing it has been cancelled. 1988 c35 s130 Back to Top Interest on arrears 131. The council may charge simple or compound interest on taxes that are not paid on or before the date on which they become due, if, before making that charge the council passes a resolution establishing whether the interest shall be simple or compound, the rate of interest to be charged and when that interest shall be applied. 1999 c38 s23 ; 2009 c40 s2 Back to Top Discount allowed 132. The council may allow a discount in respect of taxes imposed under this Act at a rate not exceeding 10% of the tax where the tax is paid within 30 days after it first becomes due, or within a later time that the council may pass by resolution. 1988 c35 s132 Back to Top Publication of taxes 133. (1) The council shall publish a copy of a resolution of the council, where a tax is imposed or varied, in a newspaper circulated in the city. (2) Subsection (1) does not apply to a resolution of the council that settles an individual tax. (3) The liability of a person to pay a tax is not affected by the failure of a municipality to comply with subsection (1). 1988 c35 s133 Back to Top Proof of valid tax 134. In an action under this Act in which it is necessary to show that a tax was imposed or varied, a copy of the minute of the council signed by the clerk is, in the absence of evidence to the contrary, proof that the tax was properly imposed or varied. 1988 c35 s134 Back to Top Real property tax 135. (1) The council shall impose an annual tax, to be known as "the real property tax" on the owners of real property within the city. (1.1) For the purpose of establishing real property tax, there may be imposed in respect of real property used for residential purposes one rate of tax and in respect of commercial property, another rate of tax. (2) Where there are 2 or more owners of real property within the city, the city clerk may designate one of those owners to be the owner for the purposes of the imposition and collection of the real property tax. 1988 c35 s135; 1994 c23 s3 ; 2017 c10 s7 Back to Top Rate of tax 136. The rate of the real property tax shall be (a) [Rep. by 1994 c23 s4] (b) fixed as a percentage of the real property as set down in the latest prepared assessment roll of the city prepared under the Assessment Act, 2006; and (c) one that is estimated to be sufficient, together with the anticipated revenues from other sources, to cover all the anticipated expenditures of the council to be made from current funds during the current financial year of the council. 1988 c35 s136; 1994 c23 s4 ; 2006 cA-18.1 s48 Back to Top Minimum tax 137. (1) The council may, by resolution, establish different minimum annual real property taxes in the city for (a) residential property; (b) commercial property; (c) vacant land; and (d) land that has upon it a structure which (i) is not used for residential purposes, and (ii) does not exceed the square meterage area prescribed by the city. (2) The council may make regulations respecting the square meterage of a non-residential structure for the purpose of paragraph (1)(d). 2016 c49 s35 Back to Top Occupier deemed owner 138. Where real property is occupied and the owner is not known, the occupier is considered to be the owner for the purposes of the imposition and collection of the real property tax. 1988 c35 s138 Back to Top Tenant of tax exempt property 139. The tenant of real property not subject to the real property tax shall pay a tax equivalent to the tax that would have been payable by the owner if the property were subject to the real property tax, where that tenant pays rent or other valuable consideration for the real property. 1988 c35 s139 Back to Top Representative capacity 140. (1) Where real property is under the control of a person in a representative capacity as executor, administrator, trustee, guardian or agent, that person is liable for the payment of the real property tax only in his or her representative capacity. (2) Where the owner of real property is an infant, the person whose name has been entered on the assessment roll of the city prepared under the Assessment Act, 2006 as the parent, guardian or other legal representative of the owner is liable for the payment of the real property tax, if the owner defaults in the payment. 1988 c35 s140; 2006 cA-18.1 s48 Back to Top Tax exempt property 141. The following real property is exempt from the real property tax: (a) real property belonging to Canada or a province of Canada; (b) real property belonging to a municipality, or its agents; (c) real property exempted by an Act of the Legislature; (d) churches and other places of worship together with the land (i) on which they are situated, and (ii) that in relation to the places of worship, is in active use; (e) church halls used more than 50% of the time for religious or congregational purposes together with the land (i) on which they are situated, and (ii) that in relation to the church halls, is in active use; (f) the rectory or other principal residence of a priest, minister or rabbi in charge of a church or other place of worship where that residence is owned by the church or other place of worship, together with the land (i) on which it is situated, and (ii) that in relation to the place of residence is in active use; (g) cemeteries operated by churches or non-profit organizations; (h) hospitals as defined in the Hospitals Act and the land on which they are situated, including student residences, but not including other residences and apartments; (i) public schools and colleges as defined in the Schools Act and the land on which they are situated, including student residences and playing fields and other recreational facilities owned by a school board or group of school boards but not including other residences and apartments; (j) universities and colleges, and the land on which they are situated, including student residences and playing fields and other recreational facilities owned by them, but not including other residences and apartments; (k) productive farm land and woodland as designated by the minister responsible for that land and buildings on and used in connection with farm or wood production from that farm; (l) real property belonging to a Local School Tax Authority established under the School Tax Act; and (m) other real property that has been exempted by the council under section 157. 1988 c35 s141; 1999 c38 s25 Back to Top Supplementary assessment 142. (1) The owner of real property that has been made subject to a supplementary assessment under paragraph 24(1)(a) of the Assessment Act, 2006 is liable for the payment of the real property tax on the basis of the supplementary assessment for the remaining portion of the calendar year from the earlier of the date of substantial completion or the date of occupancy of the real property. (2) The owner of real property that has been made subject to a supplementary assessment under paragraphs 24(1)(b) to (f) of the Assessment Act, 2006 is liable for the payment of the real property tax on the basis of the supplementary assessment for the remaining portion of the calendar year from the date of the event that gave rise to that supplementary assessment. (3) Where real property has been made subject to an original or supplementary assessment under the Assessment Act, 2006 and an appeal is taken under that Act against the assessment, the real property tax is, notwithstanding an appeal, payable on the basis of that assessment. (4) The difference between the amount of the tax collected under subsection (3) and the amount payable on the basis of the assessment as later determined on the appeal under the Assessment Act, 2006 shall be paid by the owner or refunded by the council, according to the decision in the appeal. 2016 c49 s36 Back to Top Rep. by 1999 c38 s26 143. [Rep. by 1999 c38 s26] 1999 c38 s26 Back to Top Business tax 144. The council shall impose an annual tax, to be known as "the business tax", on all individuals, partnerships, associations and corporations carrying on business in the city. 1988 c35 s144 Back to Top Rate where no fixed place of business 145. (1) Where the real property tax is not applicable to a business because it has no fixed place of business, the council shall set the business tax as a percentage of the gross revenue of business done by the business. (2) For the purposes of this section a business has no fixed place of business if it does not operate from a specific location for a period of at least 1 month. 1988 c35 s145 Back to Top Gross revenue 146. (1) A business subject to the business tax as calculated under section 145 shall submit a statement made under oath or affirmation as to its gross revenue in the preceding year by February 1 of the following year. (2) Where a business does not submit a statement of its gross revenue, the council shall estimate the gross revenue of the business for the preceding year and bill for taxes based on its estimate. (3) Where a business subject to the business tax as calculated under section 145 has not been carrying on business in the preceding year, the council may estimate the gross revenue of business and bill for taxes based on its estimate. (4) Where a business provides records to the council after the council makes an estimate under subsection (2) or (3) that shows to the satisfaction of the council an amount of gross revenue different from that estimated by the council, the council shall adjust its tax records at the end of its financial year and shall either rebate excess taxes paid by crediting the rebate to the next year's business tax or add additional tax owing to the next year's business tax. (5) Where the council has estimated the gross revenue of a business under subsection (3), the business may appeal to the council for a revised estimate where the business is able to show the council reason for the revision. 1988 c35 s146 Back to Top Rate where property tax 147. Where the council has imposed the real property tax, it shall set the business tax as a percentage of the assessed value of the real property used by the business, where there is a fixed place of business, and the business tax becomes due from the same date as the real property tax becomes due. 1988 c35 s147 Back to Top Variation of rate 148. The council may vary the rate of business tax between different classes of businesses. 1988 c35 s148 Back to Top Minimum business tax 149. (1) The council may impose a minimum business tax on all businesses operating in the city. (2) There may be differing minimum business taxes under subsection (1) for different classes of businesses. (3) Notwithstanding sections 145 and 147, the council may impose a minimum business tax under subsection (1) as a fixed amount. 1999 c38 s27 Back to Top Poll tax 150. (1) The council may impose an annual tax, to be known as "the poll tax", of not less than $50 on all persons 18 years or older who ordinarily live in the city at the beginning of the financial year or during the financial year or are employed in the city for a period of not less than 3 months in total during the financial year of the council. (2) The council may vary the amount of the poll tax in respect of non-residents of the city who fall within subsection (1). (3) A person who is not resident in the city for the full current financial year is entitled to a rebate of the poll tax he or she has paid for the full year, the rebate to be in proportion to the duration of time that person is not resident. (4) For the purposes of this section and section 151 the rules for determining persons who are ordinarily resident under section 340 apply. (5) Notwithstanding section 151, the poll tax is due by a person when he or she becomes liable under subsection (1). 1988 c35 s150 Back to Top Exemption from poll tax 151. (1) A person employed in the city who (a) is liable to pay a real property tax in the city equal to or in excess of the poll tax in the same financial year; or (b) is liable to pay a poll tax or real property tax in the municipality where he or she ordinarily lives is exempt from the poll tax imposed by the city. (2) Where a person who has a spouse pays real property tax both the person and his or her spouse are exempt from the poll tax imposed by the city. (3) A person whose income from all sources is less than the basic personal exemption provided for under the Income Tax Act (Canada) is exempt from the poll tax, upon application to the council. (4) For the purposes of subsection (3), income in the form of a pension under the Old Age Security Act ( Canada ) and those pensions and allowances that may be prescribed by the Lieutenant-Governor in Council shall not be considered to be income. 1988 c35 s151; 2009 c31 s4 Back to Top Employer's duty 152. (1) An employer in the city shall, on demand of the council, deliver to the council within 2 weeks of the demand the names of its employees and the dates on which their employment began. (2) Where a person resident in the city is asked by the council the name of his or her employer, that person shall immediately give the information to the council. (3) An employer not referred to in subsection (1) shall, on demand of the council in relation to an individual the council shall name, deliver to the council within 2 weeks of the demand, the fact of whether or not the individual is employed by the employer, and if so, the dates on which the employment began. (4) Where a person has been employed in the city for not less than 3 months in a financial year of the council, or where a person is ordinarily resident in the city and the council so demands, his or her employer, whether in or outside the city, shall deduct the poll tax for the current year from that person's wages and shall forward the tax collected immediately to the council, unless the employee who is exempt from payment of the poll tax obtains a certificate from the clerk to that effect. (5) The Crown or an agency of the Crown that employs a person subject to the payment of a poll tax shall deduct the poll tax for the current year from that person's wages and shall forward the tax collected to the council within the time limit specified by the council, unless the employee who is exempt from payment of the poll tax obtains a certificate from the city clerk to that effect. 1988 c35 s152 Back to Top Water and sewage tax 153. (1) The council shall impose a tax to be known as "the water and sewage tax" upon the owner of real property located inside or outside the city connected to the water system, sewage system or water and sewage system of the city. (2) Where real property that is capable of being serviced by a water system, sewage system, or water and sewage system is not serviced, the owner of the property, (a) in the case where there is a building on the property that is occupied and, by virtue of the use to which the building is put, would ordinarily be provided with water and sewage services, shall pay the water and sewage tax; and (b) in the case where there is no building on the property shall, on the request of the council pay the water and sewage tax. 1988 c35 s153 Back to Top Method of taxation 154. (1) Where the real property tax is imposed in the city, the water and sewage tax shall be set (a) in the case of private buildings or property on which there is no building, (i) at a flat rate in addition to the mill rate that may be determined by council, or (ii) at a mill rate that may be determined by council, or (iii) at a flat rate or metered rate, and the type of rate may differ in respect of different classes of private buildings in the town; (b) in the case of public buildings normally in full-time use that have an assessed value equal to or greater than $1,000,000, at the prescribed rate that the council may approve; (c) in the case of public buildings normally in full-time use that have an assessed value of less than $1,000,000, at the prescribed rate related to the occupancy of the building and the type of public building that the council may approve; and (d) in the case of public buildings that are not normally used full time, at the prescribed rates related to the occupancy of the building and the type of public building that the council may approve. (2) Where the water and sewage tax is set at a metered rate and there is no meter installed or working in relation to a building to which a metered rate applies, the council may for the purpose of imposing the tax estimate the quantity of water used in that building until a meter is installed and working. (3) Where the council estimates the quantity of water used in a building under subsection (2) and the person who is liable for the water and sewage tax calculated on that estimate feels the estimate is incorrect, that person may appeal to the council for an adjustment in the estimate. (4) Notwithstanding that a person appeals an estimate under subsection (3), that person shall pay the water and sewage tax as calculated on the estimate of the quantity of water used and an adjustment, on the payment of tax, shall be made in accordance with the appeal decision. 1988 c35 s154 Back to Top Regulation re: water and sewer tax 154.1 Notwithstanding sections 153 and 154, the minister may make regulations to establish a water and sewage tax rate applicable to and a maximum allowable amount of water and sewage tax payable by the owner of real property located inside or outside the city that is connected to the water system or sewage system of the city or to both where that real property is the location of a (a) school operated under the Schools Act, 1997; (b) scheduled hospital as defined in the Hospitals Act; and (c) building owned by the Crown, and a tax rate imposed in accordance with this section shall be considered to have been imposed, with the necessary changes, under sections 153 and 154. 2005 c9 s2 Back to Top Special users 155. In addition to the tax paid under section 153, the council may impose an additional rate of tax on users, other than residential users of a water system, sewage system or a water and sewage system, based on the quantity and quality of water used and effluent discharged. 1988 c35 s155 Back to Top Disconnection of service 156. (1) Where a tax, fee, levy, assessment, fine or other charge imposed by the council is in arrears, in addition to other remedies that the council has to enforce payment, the council may disconnect the service of a water system, sewage system or water and sewage system provided to the person who owes the tax, fee, levy, assessment, fine or charge to the council. (2) Where it is necessary for the purposes of subsection (1), the employees or agents of the council may enter upon real property, whether publicly or privately owned, and at reasonable times enter into the buildings or structures on the real property. 1988 c35 s156; 2006 c7 s2 Back to Top Exemption and remission 157. (1) A person may apply to the council for, and the council may, by a vote of 2/3 of the councillors in office, grant an exemption, remission or deferment of taxes and interest on the taxes, either in whole or in part, for those periods of time that the council decides and the council may determine the evidence which it shall require to warrant that exemption, remission or deferment. (2) The council may, by a vote of 2/3 of the councillors in office, enter into tax agreements and offer tax incentives which vary existing rates of tax. 1999 c38 s28 Back to Top Collection as civil debt 158. (1) All taxes imposed under this Part may, in addition to all other methods of collection provided in this Part, be sued for and collected by action in the name of the council as a civil debt due to the council. (2) Payment of interest charged by council under this Part may be collected in the manner provided by subsection (1). 1988 c35 s158 Back to Top Lien 159. (1) Taxes fixed, established and imposed in respect of real property, including the real property tax, business tax, where the owner of the business is also the owner of the real property occupied by that business, and water and sewage tax, where the water and sewage system services the real property owned by the person who is taxed for that service, together with interest owing on those taxes, constitute a lien upon that real property except where the real property is sold for tax arrears by the council. (2) A lien under subsection (1) attaches on the date on which the relevant tax was due to the council and continues for a period of 6 years after that attachment or 6 years after the last payment on account of the tax or acknowledgement of the tax has been made or given to the council, whichever is later. (3) A lien under this section ranks in priority over a grant, deed, lease or other conveyance and over a judgment, mortgage or other lien or encumbrance affecting the real property or the title to the real property to which the lien applies. (4) Where proceedings are taken to enforce a lien imposed under this section, the lien shall continue in force until the completion of the proceedings, or for 10 years, whichever is sooner. (5) The registration of a grant, deed, lease or other conveyance or of a judgment, mortgage or other lien or encumbrance, whether it was before or after the time the lien attached, does not affect the priority of the lien. (6) It shall not be necessary to register a lien imposed under this section in the Registry of Deeds established under the Registration of Deeds Act. 1999 c38 s29 ; 2016 c49 s37 Back to Top Occupied residential property 160. Notwithstanding section 159, real property that is occupied for full time residential purposes by the owner shall not be sold for tax arrears by the council while it is occupied in that manner. 1999 c38 s29 Back to Top Tax certificate 161. The city clerk shall, on payment of a fee set by the council, give a tax certificate to the owner or mortgagee of real property or his or her solicitor certifying the tax position of the property and other charges imposed by the council on the real property and that tax certificate is binding upon the council as to all taxes and other charges then imposed with respect to the real property. 1999 c38 s29 Back to Top Notice of arrears 161.1 (1) Where taxes on real property owed under this Part are in arrears, the city clerk shall serve upon the owner, mortgagee, judgment creditor, lienholder or other person having a charge or encumbrance upon or against the real property to which the taxes apply a notice signed by the city clerk which shall contain (a) a general description of the real property affected; (b) the amount of arrears of taxes owing in respect of the real property, the year in which the arrears of taxes were imposed and the person in whose name the real property was then assessed; and (c) a statement that the real property is liable to be sold under this Act for the arrears, with interest and the expenses of and incidental to the arrears unless they are paid within 60 days from the date of the notice. (2) Service of the notice upon a person under subsection (1) is sufficient where it is sent by registered mail to the last known address of the person, or, where the address of the person is not known, by leaving the notice with the tenant or occupant of the real property affected or by posting a copy of the notice in a conspicuous place on the property. (3) Where the owner of the real property taxed under this Part is unknown or the city clerk has not been able to obtain information respecting ownership or encumbrances, the notice shall be posted in a conspicuous place on the real property affected. 1999 c38 s29 ; 2016 c49 s38 Back to Top Right of mortgagee 161.2 (1) A mortgagee, judgment creditor or other person having a lien, charge or encumbrance upon or against real property liable to be sold for taxes, or in respect of which taxes are due, may, after the lien for taxes has attached and before sale, pay to the city clerk the amount of the taxes, together with all interest and expenses incurred in respect of the real property affected. (2) Where a person pays taxes under subsection (1), the person may add the amount paid to his or her mortgage, judgment or other security, notwithstanding a clause or condition to the contrary contained in the security and shall have the same rights, remedies and privileges against the real property that he or she has under the security held by him or her and may sue for and recover in an action for debt the amount paid, together with interest, against the person liable under this Part to pay that amount. (3) Notwithstanding subsections (1) and (2), it shall be considered to be a condition of all mortgages of real property within the city that the mortgagee may pay money owing to the council and unpaid in respect of the mortgaged property and add the money to the mortgagee's security, notwithstanding a clause or condition to the contrary contained in the mortgage. 1999 c38 s29 Back to Top Direction to sell 161.3 After the time limit indicated in the notice required to be given under section 161.1, the council on the application of the city clerk shall, by resolution, direct that the real property be sold. 1999 c38 s29 Back to Top Advertisement and notice 161.4 (1) The city clerk shall immediately upon receipt of a copy of the resolution referred to in section 161.3 (a) advertise the real property referred to in the resolution for sale by public auction at a time and place that shall be stated in the advertisement; and (b) provide written notice of the sale of that property to a mortgagee, judgment creditor, lienholder or other person having a charge or encumbrance upon or against the real property.

(2) Advertisement under paragraph (1)(a) shall be effected by posting the advertisement in not fewer than 2 conspicuous places in the city and publishing in a daily or weekly newspaper in circulation in the city by one insertion each week, where there is such a newspaper, at least 30 days immediately before the sale. (3) Notice under paragraph (1)(b) shall be provided through personal service or by mailing a copy of the notice to the last known address of the person and obtaining a signed document acknowledging receipt at least 30 days immediately before the sale. (4) It is sufficient in the notice and the advertisement to put the street and number of the real property, or to put another short reference by which the real property may be identified, together with a statement that a full description may be seen at the office of the city clerk. 2016 c49 s39 Back to Top Sale by auction 161.5 (1) At the time and place mentioned in the notice of sale the city clerk shall, unless the arrears of taxes and interest and the expenses incidental to those proceedings and sale are then, or have been previously, paid to him or her, proceed to sell at public auction the real property or portions of the real property that in his or her judgment are sufficient to pay those taxes, interest and expenses. (2) Where the real property described or referred to in the notice of sale is only a portion of real property for which a tax is owed and the portion does not sell for a sufficient sum to satisfy the taxes, interest and expenses due with respect to the real property of which it forms a part, the city clerk may immediately, and without further notice, sell the whole or a portion of the remainder of the real property to satisfy the taxes, interest and expenses. (3) The city, by an official or agent, may bid for and purchase real property being sold to satisfy taxes, interest and other expenses due. 1999 c38 s29 Back to Top Further notice of sale 161.6 (1) Where at the time appointed for the sale of real property no bidder appears, or where the city clerk fails at the sale to sell that real property for the full amount of the arrears of taxes, interest and expenses due, he or she shall adjourn the sale until a day to be publicly named by him or her, not earlier than one week and not later than 2 weeks after the time originally appointed for the sale. (2) The city clerk shall give notice to a person entitled to notice under paragraph 161.4(1)(b) through personal service or by mailing a copy of the notice to the last known address of the person and obtaining a signed document acknowledging receipt and shall advertise in the paper in which the sale was originally advertised, or where not then in circulation, in another newspaper circulating in the city, if there is one, of the time and place to which the sale is adjourned and he or she shall again put up the real property at public auction and may sell the real property for a sum that can be realized. 1999 c38 s29 ; 2016 c49 s40 Back to Top Sale set aside 161.7 Where real property is sold for taxes and the sale is set aside for an error, irregularity or other cause, the lien on the real property shall not as a result be discharged but shall continue for the same time as if the date of the setting aside were the date on which the sale took place and the property may again be sold unless the taxes, interest and expenses against it are paid. 1999 c38 s29 Back to Top Tax payment from proceeds 161.8 (1) The city clerk shall, out of the money received on the sale of real property, deduct the amount of taxes, interest and expenses owing to the city, at the time of the sale. (2) Where there is a balance remaining after making the deductions under subsection (1), the city shall (a) where the balance is less than $200, pay the balance to the former property owner; or (b) where the balance is $200 or more, pay the balance to the former property owner unless an application is made to the Trial Division within 90 days of the auction by a person claiming entitlement to the balance and if an application is made, pay the balance into the Trial Division. (3) Where paragraph (2)(b) applies, the city shall immediately provide written notice to a person entitled to notice under paragraph 161.4(1)(b), in the manner set out in subsection 161.4(3), of the amount of the balance and the requirement to apply to the Trial Division within 90 days of the auction to claim entitlement to the balance or a portion of the balance. (4) Where the former owner of the real property is unknown or cannot be located and there is a balance remaining after making the deductions under subsection (1), the city shall pay the balance into the Trial Division. (5) Payment of the balance into the Trial Division under subsection (2) or (4) shall have the same effect as payment to the owner, and a judge of the Trial Division, on the application of an interested person, may order the payment out of court of the balance or a portion of the balance to the person entitled to it. 1999 c38 s29 ; 2016 c49 s41 Back to Top Failure to pay 161.9 Where the purchaser of real property at a sale under this Act fails to immediately, after the sale being knocked down to him or her, (a) pay the city clerk or his or her agent the amount of the purchase money; or (b) deposit with the city clerk an amount equal to the amount of the taxes, interest and expenses of sale for which the real property has been sold, the city clerk shall immediately put up the real property for sale again. 1999 c38 s29 Back to Top Future assessments 161.10 (1) Where real property has been sold under this Act for arrears of taxes, it shall be assessed to the purchaser, his or her executors, administrators or assigns. (2) Where the city is the purchaser, the real property shall be assessed to the city. (3) Where real property has been sold under this Act for arrears of taxes, the council shall give to the purchaser a valid conveyance in the name of the city signed by the mayor and the city clerk or the person appointed by council and sealed by the city. 1999 c38 s29 Back to Top Vesting of property 161.11 The conveyance referred to in section 161.10 shall be conclusive evidence that the provisions of this Act with reference to the sale of the real property described in that conveyance have been fully complied with, and everything necessary for the legal perfection of that sale has been performed, and shall have the effect of vesting the real property in the purchaser, his or her executors, administrators or assigns absolutely free from encumbrances except a claim of the Crown and an easement. 2016 c49 s42 Back to Top Seizure of rentals 162. In addition to all other powers of enforcing payment of taxes that the council possesses, it may seize so much of the rentals payable by tenants of real property that is subject to the real property tax, business tax or water and sewage tax as may be needed to discharge the liability of the owners of that real property for the tax due by the owners to the council whether or not the taxes are in respect of the real property occupied by the tenants. 1988 c35 s162 Back to Top Service of notice 163. (1) The city clerk shall serve on a tenant referred to in section 162, a written notice signed by him or her requiring the tenant to pay rent to the council instead of to the tenant's landlord. (2) The city clerk shall deliver or mail to the landlord a duplicate copy of the notice served under subsection (1), on or before the date of service of the notice on the tenant. 1988 c35 s163 Back to Top Payment of rent 164. (1) The tenant shall, from the date on which he or she receives the notice under section 163, until the city clerk cancels the written notice, pay his or her rent to the council, or so much of it as the clerk specifies in the notice, and a receipt signed by the city clerk is to the extent of the payment a good discharge to the tenant as against a claim by his or her landlord for rent. (2) The city clerk shall deliver or mail to the landlord a duplicate copy of a receipt given to a tenant under subsection (1). (3) The city clerk shall credit, against the indebtedness of the landlord to the council, payments made by tenants under subsection (1), and the council is not obliged to release the tenant from liability to continue making payments to the council under that subsection until the landlord's liability has been completely discharged. 1988 c35 s164 Back to Top Right to distrain 165. The council may, but is not obliged to, distrain on a tenant's chattels for rent in arrears, and where the council refuses to distrain the landlord may do so, upon giving security to the satisfaction of the council for payment to it of the proceeds of the distress or so much of it as is required to discharge the liability of the landlord to the council for the taxes referred to in section 162. 1988 c35 s165 Back to Top Penalty 166. (1) A person who fails (a) to pay a tax that he or she is liable to pay in accordance with this Part; or (b) to collect and pay to the council a tax that he or she is directed to collect and pay over by this Part is guilty of an offence and liable on summary conviction to a fine of not less than $25 and each day's continuance of the failure constitutes a separate offence. (2) Sections 736 and 737 of the Criminal Code shall not be applied in disposing of a prosecution for an offence under this section or imposing punishment for the offence. (3) Where a person has been convicted under paragraph (1)(a) for failing to pay a tax, the court shall, when imposing sentence, also order that person to pay the amount of the tax. 1988 c35 s166 Back to Top Assessments 167. Where real property is directly benefited by a public work of the council, including, (a) the construction of water and sewer lines, or either of them, or storm systems and the service connections; or (b) the construction of curbs, gutters, sidewalks, or streets or the upgrading or paving of streets the council may assess the cost, or a portion of the cost, together with financing charges, to be known as "the local improvement assessment", upon that real property. 1988 c35 s167 Back to Top Method 168. (1) Local improvement assessments made under section 167 shall be assessed according to the frontage of the real property abutting the streets directly benefited by the public work. (2) The amount of the local improvement assessment against each portion of real property shall bear the same ratio to the total cost of the public work, together with financing charges, as the frontage of that portion bears to the aggregate of the frontages to be assessed. (3) Where the portion of real property to be assessed is a corner lot or an irregularly shaped lot, the council may consider the length of frontage for local improvement assessment purposes to be more or less than the actual frontage directly benefited by the public work. 1988 c35 s168 Back to Top Agricultural land 169. The council may defer the payment of all or a portion of a local improvement assessment on productive agricultural land while that land continues to be used for these purposes. 1988 c35 s169 Back to Top Non- discriminatory 170. Where the council decides to impose a local improvement assessment under section 167, it shall impose an assessment on other portions of real property similarly benefited by a public work of the council. 1988 c35 s170 Back to Top Payment 171. A local improvement assessment imposed under section 167 and a service levy imposed under section 173 shall be paid by the owner of real property at the time and in the manner which the council may determine. 1999 c38 s30 Back to Top Lien 172. (1) Arrears in instalments of a local improvement assessment attach to the real property assessed for a period not exceeding 6 years from the date they become or are considered to be in arrears, except where the real property is sold for taxes or arrears in an assessment or service levy. (2) The lien described in subsection (1) is considered to be a 1st mortgage on the real property ranking in priority to all other encumbrances on the real property and the council may proceed to discharge the lien by foreclosure or by sale under the Conveyancing Act. 1988 c35 s172 Back to Top Service levy 173. Where real property is made capable of being developed, or the density of the potential development is increased, by a public work, on or off the real property, of the council designed to develop municipal services or expand the capacity of municipal services, or where the value of real property is enhanced by an action of the council, the council may impose a charge to be known as "the service levy" on that real property. 1988 c35 s173 Back to Top Restriction on levy 174. A service levy shall not exceed the cost, or estimated cost, including finance charges to the city of constructing or improving the public work referred to in section 173 that are necessary for the real property to be developed in accordance with the standards required by the council and are permitted on that real property. 1988 c35 s174 Back to Top Method 175. A service levy shall be assessed on the real property based on (a) the amount of real property benefited by the public work related to all the real property so benefited; and (b) the density of development made capable or increased by the public work. 1988 c35 s175 Back to Top Rep. by 1999 c38 s31 176. [Rep. by 1999 c38 s31] 1999 c38 s31] Back to Top Lien 177. (1) A service levy attaches to the real property in respect of which it has been made for a period not exceeding 6 years from the date when it was due except where the real property is sold for taxes, arrears in an assessment, or arrears of a service levy. (2) The lien described in subsection (1) is considered to be a 1st mortgage on the real property ranking in priority to all other encumbrances on the real property and the council may proceed to discharge the lien by foreclosure or by sale under the Conveyancing Act. 1988 c35 s177 Back to Top Collection as civil debt 178. Arrears of instalments of a local improvement assessment, or arrears in a service levy may be collected in addition to the other methods of collection provided for in this Act by action in the name of the council as a civil debt due to the council. 1988 c35 s178 PART VI SERVICES Back to Top Water and sewage systems 179. (1) The council may, subject to the Water Resources Act and regulations made under that Act, construct, acquire, establish, own and operate (a) a public water supply system for the distribution of water within or, with the approval of the minister, outside of the city; (b) a public sewage system, either independently of or in conjunction with a public water supply system, for the collection and disposal of sewage within or, with the approval of the minister, outside of the city; and (c) a storm drainage system within or, with the approval of the minister, outside of the city. (2) For the purposes of subsection (1) the council may (a) acquire waters required for the purpose of providing a sufficient supply of water for the city; and (b) acquire by purchase or expropriation lands adjacent to the waters to prevent pollution of those waters. (3) For the purpose of exercising its powers under subsection (1) the council may lay out, excavate, dig, make, build, maintain, repair and improve all the drains, sewers, and water supply pipes that the Council considers necessary. 1988 c35 s179; 2002 cW-4.01 s97 Back to Top Nuisance 179.1 The city and the council are not liable for a nuisance. 1996 c21 s2 Back to Top Acquisition of private system 180. (1) The council may acquire and take possession of a drain, sewer, or water supply pipes, machinery and plant constructed by a person, upon the terms as to compensation to a person having an interest or right as owner or otherwise in the drain, sewer, or water supply pipes, machinery or plant that may be agreed between the council and that person. (2) Where an agreement cannot be made under subsection (1), the compensation shall be determined and paid in accordance with the expropriation provisions of this Act. 1988 c35 s180 Back to Top Right of entry to survey 181. The employees or agents of the council authorized by the council may enter upon real property and at reasonable times into the buildings and structures on the property, whether publicly or privately owned, to do all things necessary for the purpose of making surveys or examinations or obtaining information relative to the construction, alteration, repair, maintenance or inspection of a water supply system, sewage system, storm drainage system or other works that the council is empowered to undertake or to control in the city. 1988 c35 s181 Back to Top Right of entry to construct 182. The employees or agents of the council may enter upon all real property, whether publicly or privately owned, and at reasonable times enter into the buildings or structures on the property for the purpose of carrying into effect the work and system of water supply, sewage and storm drainage or other works that the council is empowered to undertake or control in the city. 1988 c35 s182 Back to Top Right to construct 183. (1) The council may (a) break up, dig, excavate and open up roads, or real property, whether publicly or privately owned that may be necessary to operate, construct, maintain, repair or improve a system described in section 179; (b) pass and repass and carry material over the roads or real property described in paragraph (a); and (c) lay down pipes, drains and other components of systems described in section 179 upon or in the lands described in paragraph (a). (2) Notwithstanding subsection (1), the council shall not enter upon, break up or otherwise interfere with a main or secondary highway without the written consent of the Minister of Works, Services and Transportation. 1988 c35 s183 Back to Top Reasonable notice to owner 184. Before engaging in an activity authorized by section 182 or 183 on private property, the council shall give the owner of the property reasonable notice that it intends to engage in that activity. 1988 c35 s184 Back to Top Diversion of watercourses 185. (1) Subject to the Water Resources Act and regulations made under that Act, the council may alter or divert a watercourse, whether publicly or privately owned, within the city for the purpose of improvement of a watercourse or of the water supply or of the removal of the sewage of the city or for storm drainage purposes, or for the purpose of carrying out a development, and may remove impure or offensive soil, lay pipes, construct drains, grade surrounding land, change the directions of or fill up the watercourse, as the council considers necessary. (2) The council may for the purposes of subsection (1) enter upon all lands within the city and dig and excavate upon the lands and go under all buildings and structures that may be erected on the lands, and may require the owner or occupier of all buildings and structures upon the lands to make alterations in the walls, cellars and other portions of the buildings and structures that may be necessary for those purposes. 1988 c35 s185; 2002 cW-4.01 s97 Back to Top Compensation for injurious affection 186. The council shall compensate a person injuriously affected by anything done under sections 182 to 185 in the sum that may be agreed, and where an agreement cannot be made, the compensation shall be determined and paid in accordance with the expropriation provisions of this Act as if the injurious affection had been caused by expropriation. 1988 c35 s186 Back to Top Regulations 187. (1) The council may make regulations respecting the control and management of the water and sewage systems, or either of them, and storm drainage systems and the water catchment area, and may also make regulations (a) in accordance with the Water Resources Act and regulations made under that Act to prevent the pollution of waters, within or outside the city, used by or in the possession of the council for the provision of the city water supply or necessary for the future use of the city, and may make regulations prohibiting, restricting or making subject to the approval of the council (i) the cutting of timber, or (ii) the erection or establishment of a building, structure or work on, in, over or under a land or water within the water catchment area providing the city water supply, whether the watershed is wholly or partially within or outside the boundaries of the city; (b) prescribing the specifications and quality of materials to be used to connect drains, sewers and water supply pipes to a building; (c) for the protection of drains, sewers, and water supply pipes and for keeping them free from obstruction; (d) requiring the owner or occupier, or both, of a building or part of a building that is within the boundaries of the city and within 60 metres, or a greater distance that may be prescribed in the regulations, of a public water supply system or a public sewage system to connect the building or other premises or part of them to the system; (e) providing that the connection of a building or part of it to a public water supply system, a public sewage system or a storm drainage system in accordance with regulations made under paragraph (d) shall be done wholly or partly at the expense of the council or the owner or occupier of the building or part of the building or partly at the expense of both; (f) prohibiting the connecting of sewers, drains and water supply pipes to a building by a person other than an employee of or other person engaged by the council for the purpose; (g) prescribing the conditions under which the council will permit a person other than an employee of or other person engaged by the council to connect drains, sewers and water supply pipes to a building; (h) respecting the fixing, collecting, holding and repayment, with or without interest, by the council of deposits to be paid, in an amount in the discretion of the council, by the owner or occupier of a building to which water supply pipes, drainage pipes or sewage pipes are connected; (i) fixing the charges that the council may make for services it provides or performs for the purpose of connecting sewers, drains or water supply pipes to a building and fixing different charges in respect of different buildings or classes of buildings or in respect of different parts or the same part of an area serviced by the sewers, drains and water supply pipes; (j) restricting or prohibiting the use of water in the city for conservation purposes; and (k) for the control and management , at source, of the discharge of prohibited materials into the sanitary sewer and storm water sewer systems including regulations (i) protecting the integrity of the sewage collection system, pumping stations and the treatment facility, (ii) ensuring municipal wastewater meets provincial effluent criteria, (iii) providing for the sampling, inspection and monitoring of the discharge of materials to the sanitary sewer and storm water sewer systems, and (iv) establishing Codes of Practice for designated sector operations. (1.1) Regulations made under paragraph (k) shall provide that the more stringent requirements of the regulations made under that paragraph and the Environmental Control Water and Sewage Regulations, 2003, made under the Water Resources Act, shall apply. (2) Regulations made under paragraph (1)(a) do not apply outside the city unless they are approved by the minister. 1988 c35 s187; 2002 cW-4.01 s97 ; 2005 c26 s2 ; 2008 c10 s1 Back to Top Ownership of roads 188. The ownership, management and control of all public roads, sidewalks and bridges in the city, except highways classified and designated by the Department of Works, Services and Transportation, and their bridges are vested in the council. 1988 c35 s188 Back to Top Private roads 189. A privately constructed road constructed with the approval of the council that is to be used by the public shall be taken over by the council as a public road, without compensation, upon the council being satisfied that the road has been brought up to a standard satisfactory to the council and may reasonably be regarded as necessary for public use. 1988 c35 s189 Back to Top Construction 190. The council may construct public roads, sidewalks and bridges and improve, realign, alter the level of, and repair existing public roads, sidewalks and bridges. 1988 c35 s190 Back to Top Closing 191. The council may order the closing of a public road, sidewalk or bridge either temporarily or permanently in order to make repairs or to prevent damage or for other reasons. 1988 c35 s191 Back to Top Private construction 192. A person shall not open or make a new road designed for public use through privately owned land in the city except with the prior written approval of the council and in accordance with conditions and specifications imposed by the council in its approval. 1988 c35 s192 Back to Top Construction on roads 193. A person shall not break up the surface of a public road, sidewalk or bridge or erect or place a structure or erection in, on or under either of them without the prior written approval of the council and in accordance with the conditions imposed by the council in its approval. 1988 c35 s193 Back to Top Street reservations 194. The council may, by resolution, establish street reservations, road improvement lines, road lines and building lines to existing and proposed roads and sidewalks. 1988 c35 s194 Back to Top Expropriation 195. The council may acquire, by agreement or expropriation, real property contained within street reservations, road improvement lines and road lines. 1988 c35 s195 Back to Top Removal of projections 196. (1) The council may order the removal of a fence, building, steps, erections or other object that projects into or over land reserved for a public road or sidewalk. (2) The owner of a projection set out in subsection (1) that has been placed into or over a reservation after it has been so designated by the council, without the written approval of the council, shall pay the cost of the removal. (3) Where the projection has been placed into or over a reservation before it has been so designated or with the approval of the council, the council shall pay the cost of removal and shall compensate the owner in an amount to be agreed for the loss of his or her property, or where an agreement cannot be reached, in an amount determined as if it were an expropriation under this Act. 1988 c35 s196 Back to Top Parking lots 197. The council may acquire, by agreement or expropriation, real property necessary for parking lots, and may establish and construct parking lots and regulate the parking lots and charge for their use in the amount that the council decides. 1988 c35 s197 Back to Top Street lighting 198. The council may provide street and area lighting within the city and may enter into agreements with a person to provide the lighting. 1988 c35 s198 Back to Top Street and road names and numbering 199. (1) The council may name and mark all streets and roads within the boundaries of the city. (2) The council may require the owners of all houses and buildings within the boundaries of the city to attach, in a visible place, the numbers assigned by the council to those houses and buildings. (3) The council may by regulation establish an appropriate form and size for that numbering. (4) The council may make regulations respecting the requirements set out in subsection (2). 2009 c39 s2 Back to Top Removal of vehicles 200. (1) Where a vehicle (a) is standing upon a public road, sidewalk or bridge in a position that it may (i) interfere with pedestrian or vehicular traffic, (ii) constitute a hinderance to their maintenance, repair or improvement, (iii) hinder or impede the ploughing of or removal of snow or ice, or (iv) hinder or impede the carrying out of an undertaking of the council; or (b) has been apparently abandoned upon a public road, sidewalk or bridge for longer than 24 hours, a person authorized for the purpose by the council may remove the vehicle to a place selected by the person so authorized. (2) Before the return of the vehicle to its owner, the owner shall pay the costs of its removal and storage as determined by the council and where the costs are not paid by the owner, the council may sell the vehicle on public auction to satisfy the costs upon notice to the owner. (3) A sale under subsection (2) vests clear title in the purchaser free from all encumbrances and residual amounts received over and above the costs of its removal, storage and sale shall be paid over to the owner or to a person who satisfies the council that he or she has a prior encumbrance. 1988 c35 s200 Back to Top Regulation of vehicles 201. (1) A structure, object or vehicle, other than a vehicle licensed under the Highway Traffic Act, shall not move over a public road or bridge without the written consent of the council. (2) Notwithstanding subsection (1), a vehicle that is propelled over tracks or other device, other than tires, shall not move over a public road or bridge without the written consent of the council. (3) The council may set out conditions with respect to permits issued under this section and may establish a scale of fees for the permits. 1988 c35 s201 Back to Top Regulations 202. The council may make regulations (a) prescribing the height and construction of fences and requiring the owner or occupier of a lot abutting on a public road within the town to fence the lot and to keep and maintain the fence in repair to the satisfaction of the council; (b) prohibiting or controlling, subject to rights existing at the coming into force of the regulations, the erection, maintenance and use upon or near public roads, sidewalks and bridges of telephone and electricity poles, signs and other objects and requiring their removal from one place to another; the removal to be at the expense of the owner unless the location in that one place had been approved by council; (c) prohibiting or controlling (i) coasting, skating or sliding on snow or ice on the public roads, bridges or sidewalks, (ii) the riding of bicycles on sidewalks, (iii) the riding or driving of children's wagons, push carts, skateboards, tricycles and other similar objects on public roads or sidewalks, and (iv) the operation of recreational and other vehicles not licensed under the Highway Traffic Act on public roads, bridges or sidewalks; (d) prohibiting or controlling vehicular or pedestrian access onto or over a public road or bridge; (e) protecting and preventing injury to public roads, bridges and sidewalks, and trees, plants and structures contained within the road reservation, and providing for the cleaning and removal of foreign matter from these public roads, bridges and sidewalks; and (f) in respect to winter maintenance of roads and snow clearing, including regulations which (i) prohibit or control parking during winter months, (ii) prohibit or control the erection of structures which impede or hinder winter maintenance of roads and snow clearing, and (iii) prohibit or control the deposits of snow on sidewalks and public roads. 1988 c35 s202; 1996 c21 s3 Back to Top Other regulations 203. The council may make regulations in accordance with sections 188 and 189 of the Highway Traffic Act and may delegate all or any of its powers in relation to the making of the regulations to the Mount Pearl Transportation Commission. 1988 c35 s203 Back to Top Recreational facilities 204. The council may acquire or establish parks, stadiums and other recreational facilities within the city, and, subject to the approval of the minister, outside the city. 1988 c35 s204 Back to Top Regulations 205. The council may make regulations for the use, protection and operation of recreational facilities acquired or established under section 204 and the fixing of charges for admission to and the use of these facilities. 1988 c35 s205 Back to Top Grants and loans 206. The council may make grants-in-aid or loans to a corporation or commission created for the purpose of providing parks, stadiums or other recreational facilities of benefit to the city, subject to the conditions that the council may prescribe. 1988 c35 s206 Back to Top Collection, etc. of waste 207. The council shall provide for the collection of solid waste within the city and for its disposal in a manner and in a place, either inside or outside the boundaries of the city, in accordance with the Waste Material Disposal Act and regulations made under that Act. 1988 c35 s207 Back to Top Charges 208. (1) The council may charge a fee to a person who occupies real property, either as owner or tenant of the property, for the collection and disposal of solid waste and may vary these charges by class of premises or by volume of solid waste removed. (2) For the purposes of subsection (1) a tenant does not include a lodger or a boarder. (3) The council may exempt from payment of the fee imposed under subsection (1) persons who are subject to the real property tax imposed with respect to the real property from which solid waste is removed. 1988 c35 s208 Back to Top Removal of waste 209. The council may order the removal from real property by the owner or occupier of solid waste, noxious substances and anything that poses a hazard to public health and safety or adversely affects the amenities of the surrounding property, or may remove the waste or substance and charge the owner or occupier of the real property for the costs of its collection and disposal. 1988 c35 s209 Back to Top Regulations 210. The council may make regulations providing for (a) the storage of solid waste, and the collection of it; (b) the prevention of littering; and (c) the operation of a disposal site, subject to the Waste Material Disposal Act and regulations made under that Act. 1988 c35 s210 Back to Top Municipal enforcement officers 211. The council may appoint 1 or more municipal enforcement officers to hold office during the pleasure of the council. 1988 c35 s211 Back to Top Powers 212. A municipal enforcement officer has the powers of a member of the Royal Newfoundland Constabulary with respect to the enforcement of this Act and regulations made under this Act with respect to the city. 1988 c35 s212 Back to Top Agreements re policing 213. (1) The council may enter into agreements (a) with the government of the province for the use of members of the Royal Newfoundland Constabulary; or (b) subject to the approval of the Lieutenant-Governor in Council, with the Government of Canada for the use of members of the Royal Canadian Mounted Police to perform the duties of a municipal enforcement officer. (2) A member of a police force set out in subsection (1) has the powers and may exercise the duties of a municipal enforcement officer, where an agreement has been entered into under that subsection. 1988 c35 s213 Back to Top Agreement re jails 214. The council may enter into an agreement with the government of the province for providing and maintaining a jail in the city and for maintaining and caring for prisoners. 1988 c35 s214 Back to Top Rep. by 1991 c35 s4 215. [Rep. by 1991 c35 s4] 1991 c35 s4 Back to Top Rep. by 1991 c35 s4 216. [Rep. by 1991 c35 s4] 1991 c35 s4 Back to Top Rep. by 1991 c35 s4 217. [Rep. by 1991 c35 s4] 1991 c35 s4 Back to Top Agreements 218. The council may enter into agreements with other municipalities, local service districts, or persons, for joint fire fighting. 1988 c35 s218 Back to Top Power of fire department 219. The fire department may cause to be attached and fixed to a private or public building or structure, in a manner satisfactory to the fire department, fire alarms, wires and any fastenings that it considers necessary for carrying on the work of the department or staying the progress of or preventing fire. 1988 c35 s219; 1991 c35 s4 Back to Top Pulling down buildings 220. The person in charge of the fire department at a fire may, if he or she considers it necessary in order to extinguish or stay the progress of a fire, cause a private or public building or structure, or part of a private or public building or structure, to be pulled down or removed. 1988 c35 s220; 1991 c35 s4 Back to Top Right re traffic 221. (1) The officers and members of the fire department, together with their fire engines, apparatus and appliances have the right-of-way over all traffic while proceeding to answer an alarm of fire. (2) The person in charge of the fire department at a fire or other emergency may close all roads including highways, bridges and access to private property in the vicinity of the fire or other emergency. 1988 c35 s221; 1991 c35 s4 Back to Top Power to enter building 222. (1) Members of the fire department may enter and convey hose and other fire fighting appliances and apparatus through a public or private building or structure or over real property for the efficient fighting of a fire. (2) No action lies against an officer or member of the fire department, or the council, with respect to damage necessarily occasioned to the buildings or structure as a result of an action under subsection (1). 1988 c35 s222; 1991 c35 s4 Back to Top Rep. by 1991 c35 s4 223. [Rep. by 1991 c35 s4] 1991 c35 s4 Back to Top Offences 224. (1) A person who obstructs an officer or member of the fire department in the discharge of his or her duties or wilfully retards the passage of an engine, apparatus or appliance used by an officer or member is guilty of an offence. (2) A person who wilfully gives a false alarm of fire to the fire department or to another person by ringing an alarm signal or operating a siren or other device used to signal the existence of a fire or by telephone or by other means is guilty of an offence. 1988 c35 s224; 1991 c35 s4 Back to Top Public transportation system 225. The council may establish and operate a public transportation system either on its own or through a commission established for that purpose, and may establish and charge fares for the use of the system. 1988 c35 s225 Back to Top Transportation Commission 226. The council may appoint a commission to be known as the Mount Pearl Transportation Commission consisting of 7 persons. 1988 c35 s226 Back to Top Franchise 227. The council may enter into an agreement with a person, for a period not exceeding 10 years, granting to that person an exclusive right to establish and operate a public transportation system within the city, subject to those rates for fares and other conditions that may be set out in the agreement. 1988 c35 s227 Back to Top Waiting areas 228. The council may erect public waiting areas for public transportation and may regulate the maintenance of them. 1988 c35 s228 Back to Top Taxis 229. (1) The council may make regulations regulating taxis within the city, and may also make regulations (a) fixing the number of taxis in the city; (b) requiring that the operators of taxis have a licence to operate in the city and fixing a fee to be paid for the licences; (c) fixing fares to be paid by users of taxis; (d) prescribing the inspection of taxis on an annual or other basis that the council may set out in the regulations; (e) setting out standards for taxis; and (f) authorizing and assigning stands for taxis, and the erection and maintenance of them. (2) For the purpose of subsection (1), the word "taxis" includes other vehicles carrying passengers for fare but does not include vehicles used for a ride-sharing service. (3) For the purposes of this section, "ride-sharing service" means "ride-sharing service" as defined in the Highway Traffic Act. 1988 c35 s229; 2023 c24 s11 Back to Top Public libraries 230. The council may contribute towards the establishment, conduct and maintenance of a public library in the city, and may provide accommodation and other services to the library. 1988 c35 s230 Back to Top Cemeteries 231. The council may acquire, establish, own and operate a cemetery or crematorium and may, for that purpose, acquire land within or outside the boundaries of the city. 1988 c35 s231 Back to Top Sale or lease 232. The council may sell or lease the whole or part of a property acquired under section 231 for the purpose of establishing a cemetery or crematorium, or for burial plots, under the terms that the council may set out in the sale or lease. 1988 c35 s232 Back to Top Consent required 233. A cemetery or crematorium may not be established in the city except with the consent of the council. 1988 c35 s233 Back to Top Regulations 234. The council may, subject to the Department of Health Act and regulations made under that Act, make regulations controlling the location, development and maintenance of cemeteries and crematoriums. 1988 c35 s234 PART VII CONTROLS Back to Top Building 235. (1) A person shall not within the city (a) erect or start to erect a building; (b) extend, repair, relocate or demolish an existing building; (c) change the use for which an existing building is or was last held or occupied; or (d) occupy a building that has been vacant for a period of 6 months or more or a newly constructed building, except under and in accordance with a written permit from the council. (2) The council may require in all applications for permits under this Part, and it shall be prerequisite for an applicant to provide before a permit may be granted, a statement signed by the applicant stating (a) that he or she is the owner of the land or building affected; or (b) that he or she has received the approval of the owner to submit the application, and stating the name and address of the legal owner. 1988 c35 s235 Back to Top Building regulations 236. (1) The council shall make regulations controlling the design, construction, alteration, reconstruction, occupancy, demolition, removal, relocation and maintenance of buildings and a class of buildings and shall send a copy of the regulations to the minister. (2) Regulations made under subsection (1) shall include the National Building Code of Canada and other codes, supplements, and amendments the minister may direct to be included. (3) The National Building Code of Canada and other codes, supplements and amendments in force, shall be kept at the office of the council and shall be available for inspection by members of the public. 1988 c35 s236 Back to Top Building Code 237. (1) A copy and supplements and amendments of the National Building Code of Canada or other code signed by the minister, shall be kept on record in the Department of Municipal and Provincial Affairs. (2) The copy of the National Building Code of Canada or other code referred to in subsection (1) as signed by the minister is the code adopted or varied by the council under section 236, notwithstanding that a revised code has been made. (3) An alleged infringement of the regulations is to be governed by the copy of the National Building Code of Canada or other code signed under subsection (1). (4) A certificate of the minister that a document is a copy, a supplement, an amendment or an extract of the National Building Code of Canada or other code is, in the absence of evidence to the contrary, proof of the contents of the code. 1988 c35 s237 Back to Top Removal of building 238. (1) Where (a) a building has been erected, or started to be erected; (b) an existing building is repaired or an extension added to it; or (c) the use of an existing building is changed other than under and in accordance with the terms of a permit issued by the council and the building regulations adopted by council, the council may order the owner or builder to stop construction, pull down, remove, fill in or otherwise destroy the building and restore the site to its original state, or make the disposition or alteration of the building that the order directs, within the time specified in the order. (2) Where a building is in a dilapidated state, or is, in the opinion of the council, unfit for human habitation, or the other use for which it is then being used, or is a public nuisance, the council may order the owner or occupier to pull down, remove, fill in or otherwise destroy the building and return the site to its original state, or make the disposition or alteration of the building that the order directs, within the time specified in the order. (3) An order made under this section shall be signed by the city clerk and shall be served upon the owner or builder of the building either personally or by registered mail, or by posting the notice on the building, where the owner or builder is not known. 1988 c35 s238 Back to Top Order not obeyed 239. (1) Where an order made under section 238 is not complied with within the time set out in the order, and a period of 14 days has passed from the time of service or posting of the notice, and an appeal has not been started, heard or otherwise disposed of under section 240, the council may itself carry out the order through its employees or agents and may recover the cost of carrying out the order as a civil debt from the person on whom the order was served. (2) A person on whom an order made under section 238 has been served who refuses or fails to comply with the order is guilty of an offence and liable on summary conviction to a fine of not less than $25 for every day of refusal or failure to comply, and in default of payment to a period of imprisonment not exceeding 3 weeks. (3) The council or its employees or agents may take an action by way of prosecution or other legal proceeding including but not limited to an application for an injunction or declaratory relief which the council or its employees or agents consider necessary to enforce section 238 or an order made under that section. 1988 c35 s239; 1991 c27 s2 Back to Top Appeal 240. (1) A person who feels aggrieved by an order made under section 238 may, within 14 days of the service or posting of the order, appeal to an adjudicator appointed under the Urban and Rural Planning Act, 2000 and the adjudicator may make the order with respect to the matter that appears just. (2) Where an appeal has been started under subsection (1), the council shall not begin to carry out its order under section 238 until the appeal has been heard or otherwise disposed of. (3) Notwithstanding subsection (2), a stop construction order remains in full effect and is subject to a penalty for a contravention under subsection 239(2). (4) Notwithstanding subsection (2), where a building poses an immediate threat to public health and safety the council may take those steps that it considers necessary to eliminate that threat and may collect the costs of eliminating the threat from the owner. 1988 c35 s240; 2022 c14 s37 Back to Top Water and sewage 241. (1) A person shall not, within the city, (a) construct a privy or sewer system, septic tank, or sewer; or (b) make or use a new water supply or system except under and in accordance with a written permit from the council. (2) The council shall not approve a permit under subsection (1) without the approval of an officer of government designated by government for that purpose. 1988 c35 s241 Back to Top Regulations 242. The council shall make regulations (a) controlling the construction, location, use and maintenance of privies, sewer systems, septic tanks, and sewers; (b) governing the digging, drilling, use and construction of wells and water supply systems; and (c) prohibiting and controlling the use of a source of water that council considers dangerous to public health, and shall send a copy of the regulations to the minister. 1988 c35 s242 Back to Top Removal 243. Where (a) a privy, septic tank, sewer, sewer system, well or water system has been constructed without a permit under section 241 or not in accordance with the terms of the permit or the regulations;

or (b) a privy, septic tank, sewer and sewer system or well and water system is so located or constructed that it poses or is actually a danger to public health, the council may order the owner or occupier of the property to stop construction, fill in, remove or alter it within the time specified in the order. 1988 c35 s243 Back to Top Consequential 244. An order made under section 243 shall be served, may be enforced, and is subject to the same penalty for non-compliance, and may be appealed against in the same manner as an order made with respect to a building under section 238. 1988 c35 s244 Back to Top Storm drainage 245. A person shall not, within the city, (a) dig or construct ditches, drains or culverts; or (b) make greater use of existing ditches, drains or culverts; or (c) connect to an existing storm drainage system, whether publicly or privately owned except under and in accordance with a written permit from the council. 1988 c35 s245 Back to Top Regulations 246. The council may make regulations with respect to storm drainage and shall send a copy of the regulations to the minister. 1988 c35 s246 Back to Top Removal 247. The council may order the stopping of construction, filling in or removal of a ditch, drain or culvert, or connection to a storm drainage system constructed or made without a permit or not in accordance with the terms of a permit, or the regulations. 1988 c35 s247 Back to Top Consequential 248. An order made under section 247 shall be served, may be enforced, is subject to the same penalty for non-compliance, and may be appealed against in the same manner as an order made with respect to a building under section 238. 1988 c35 s248 Back to Top Signs 249. A person shall not, within the city, erect a sign except in accordance with the terms of a licence issued by the council. 1988 c35 s249 Back to Top Regulations 250. The council may make regulations with respect to the use, size, illumination, erection and maintenance of signs. 1988 c35 s250 Back to Top Removal 251. The council may order the stopping of construction, removal or repair of a sign erected without a licence, or not in accordance with the terms of a licence, or the regulations. 1988 c35 s251 Back to Top Consequential 252. An order made under section 251 shall be served, may be enforced, is subject to the same penalty for non-compliance, and may be appealed against in the same manner as an order made with respect to a building under section 238. 1988 c35 s252 Back to Top Car parks 253. A person shall not, within the city, operate or construct a car park except under and in accordance with a written permit from the council. 1988 c35 s253 Back to Top Regulations 254. The council may make regulations (a) governing car parks; and (b) controlling or prohibiting the parking of commercial vehicles on land adjacent to a building used for residential purposes. 1988 c35 s254 Back to Top Removal 255. The council may order the owner or occupier of a car park constructed or operated without a permit or not in accordance with the terms of a permit, to stop operations, return the property to its original state or maintain it. 1988 c35 s255 Back to Top Consequential 256. An order made under section 255 shall be served, may be enforced, is subject to the same penalty for non-compliance, and may be appealed against in the same manner as an order made with respect to a building under section 238. 1988 c35 s256 Back to Top Sales from vehicles 257. (1) The council may make regulations controlling or prohibiting the use of a vehicle or stand for the sale of food or goods and may require permits for the sale. (2) Regulations made under subsection (1) apply to a vehicle whether it is self-moving or drawn by another vehicle or person, or is temporarily or permanently stationary. 1988 c35 s257 Back to Top Removal 258. The council may order the removal of a vehicle or stand used or located without a permit under section 257. 1988 c35 s258 Back to Top Consequential 259. An order made under section 258 shall be served, may be enforced, is subject to the same penalty for non-compliance, and may be appealed against in the same manner as an order made with respect to a building under section 238. 1988 c35 s259 Back to Top Shop closing 260. (1) Subject to an exemption order by the Minister of Employment and Labour Relations under the Shops Closing Act, the council may make regulations (a) respecting the closing of shops for the serving of customers on holidays within the meaning of that Act; (b) prescribing the days or hours or both during which shops in the city may be open for the serving of customers or shall be closed; (c) exempting from the regulations the class or kind of shops referred to in the regulations; (d) regulating the delivery of goods from shops after the closing hours of those shops; (e) providing for the opening of shops for the serving of customers under exceptional circumstances; and (f) defining the class or kind of shops to which the regulations apply or that are exempt from the regulations. (2) Different regulations may be made under this section (a) in respect of shops generally; (b) in respect of some or different classes of shops at different times of the year or under different circumstances; or (c) in respect of shops carrying on businesses or trades or classes of business or trades that may be specified in the regulations. (3) In this section the word "shop" means the part of a premises or place in which or from which a wholesale or retail trade or business is carried on. 1988 c35 s260 Back to Top Pornographic materials 261. The council may make regulations respecting (a) the method of the display for sale or rental in shops of pornographic books, pornographic magazines, pornographic films or other pornographic reading or viewing material; (b) the entrance of minors into shops whose primary purpose is the sale or rental of material referred to in paragraph (a); and (c) the definition of terms for the purposes of giving effect to this section. 1988 c35 s261 Back to Top Curfew 262. (1) The council may make regulations prescribing the hours during which children below the age set out in the regulations are permitted on a public road, park or in a place of amusement or public assembly, whether alone or in the company of a parent, guardian or other adult. (2) In making regulations under subsection (1) the council may make different regulations with respect to children of different ages. 1988 c35 s262 Back to Top Animals other than dogs 263. The council may make regulations (a) restricting and controlling the running at large or keeping of animals other than dogs; (b) providing for the seizure and impounding of animals found at large or kept contrary to the regulations; (c) prescribing impounding fees; and (d) providing that an impounded animal may be sold, destroyed or otherwise disposed of if it is not claimed and the impounding fee paid in the time set out in the regulations. 1988 c35 s263 Back to Top Dog control 264. The council may make regulations (a) providing for the licensing and registration of dogs within the city and the renewal of licences and the period of validity of licences; (b) prescribing the form of licences and the kind of licence tags to be issued with the licences; (c) prescribing the fees to be paid for licences and licence tags; (d) providing for the appointment of licensing officers in the city; (e) prescribing the allowance to be paid to licensing officers for licensing dogs and collecting and forwarding the fees to the city and providing for the payment to licensing officers of the cost to them of remitting the fees in addition to an allowance; (f) providing for the impounding of dogs running at large, prescribing impounding fees to be charged for impounding and providing that a dog may be sold, destroyed or otherwise disposed of if it is not claimed within the time fixed in the regulations; (g) prohibiting, restricting or regulating the roaming at large of dogs; (h) providing for the seizure and destruction of diseased dogs found at large; and (i) prescribing fines for the non-compliance or contravention of regulations made under this section. 1988 c35 s264 Back to Top Place of entertainment 265. A person shall not operate within the city a place of entertainment except in accordance with the terms of a licence from the council. 1988 c35 s265 Back to Top Regulations 266. The council may make regulations with respect to the use, operation and location of places of entertainment, subject to regulations made under this Act or the Liquor Control Act. 1988 c35 s266 Back to Top Stop order 267. The council may order that a place of entertainment operating without a licence, or not in accordance with the terms of a licence, or the regulations, comply with the regulations or stop operating. 1988 c35 s267 Back to Top Consequential 268. An order made under section 267 shall be served, may be enforced, is subject to the same penalty for non-compliance, and may be appealed against in the same manner as an order made with respect to a building under section 238. 1988 c35 s268 Back to Top Definition 269. The phrase "place of entertainment" used in sections 265 to 268 includes a theatre, cinema, amusement premises, concert hall, pool hall, circus, race course, baseball park, athletic ground, fair ground, skating rink, dance hall, a place where there are coin operated games or a hotel, restaurant, club or cafe in which facilities are supplied for and used by the public for dancing or other forms of entertainment and other places that the council may declare to be places of entertainment. 1988 c35 s269 Back to Top Bicycles 270. The council may make regulations with respect to the operation of bicycles within the city and may provide that bicycles be licensed. 1988 c35 s270 Back to Top Recreational vehicles 271. The council may make regulations prohibiting or controlling the time of operation and the operation in general of recreational vehicles within the city and may provide that they be licensed. 1988 c35 s271 Back to Top Heritage areas 272. The council may, by regulation, designate real property as heritage buildings, structures or lands. 1988 c35 s272 Back to Top Building control 273. Heritage property buildings, structures or lands shall not be demolished or built upon nor the exterior of a building or structure altered, except under a permit of the council specifically authorizing the alteration and in accordance with the terms and conditions of the permit. 1988 c35 s273 Back to Top Heritage advisory committee 274. The council may establish a heritage advisory committee to advise the council on regulations made under section 272 and the preservation of the real property designated under that section. 1988 c35 s274 Back to Top Removal 275. The council may order the removal of a building or structure built without a permit under section 273 or the restoration of the exterior of a heritage building or structure altered other than in accordance with the terms and conditions of the permit. 1988 c35 s275 Back to Top Consequential 276. An order made under section 275 shall be served, may be enforced, is subject to the same penalty for non-compliance, and may be appealed against in the same manner as an order made with respect to a building under section 238. 1988 c35 s276 Back to Top Business improvement areas 277. (1) In this section (a) "board" means a board of management of a designated business improvement area established by the council under this section; (b) "business improvement area" means a commercial area of the city which, in the opinion of the council and in the interest of the city requires improvement, beautification or maintenance and which has been designated as such under this section; and (c) "regulations" means regulations made by the council under this section. (2) The council may make regulations to declare and designate business improvement areas within the city. (3) The council shall, before designating a business improvement area, give notice of the intended regulations to all persons, groups, businesses, organizations and companies within the proposed business improvement area that have been assessed for business tax in the last revised assessment roll of the city. (4) The council shall not designate a business improvement area if, within 30 days of giving notice, 1/3 of those entitled to notice under subsection (3) and representing 1/3 of the assessed business tax in the proposed business improvement area give written notice to the city clerk of their objections to the designation of a business improvement area. (5) Where the council designates a business improvement area under subsection (2), it shall appoint annually a board of management which shall be responsible for the management of that business improvement area. (6) The objects of a board shall be to (a) promote a business improvement area as a place for retail and commercial activity; (b) help in carrying out the improvement, enhancement, beautification and maintenance of municipal or public lands in a business improvement area; and (c) sponsor or otherwise participate in special projects, activities or events, for the purpose of improving an area. (7) A board shall (a) be responsible to the council in carrying out the powers, functions and duties conferred by this section; (b) report to the council on the activities of the board at those times and in the manner that the council may prescribe; (c) annually, prepare for approval and submission to the council at a time and in a form prescribed by the council a budget indicating its proposed annual expenditures of funds; (d) make available to the council books, documents, transactions, minutes and accounts of the board; and (e) do other things necessary or incidental to the carrying out of the objects of the board. (8) A board may make grants to persons within a business improvement area or to an organization whose sole purpose is promoting that business improvement area as a place for retail or commercial activity for the carrying out of the objects and purposes of this section. (9) The council may (a) in order to provide revenue to a board for annual operating and other expenses, impose an annual surcharge no greater than 10% of the business tax imposed on persons carrying on a business, trade or profession within a business improvement area; (b) impose different rates of surcharge for different business improvement areas; and (c) allot and approve funds collected for a business improvement area but those funds shall (i) consist only of funds raised as provided in paragraph (a) and subsection (10), (ii) remain the property of the city, (iii) form part of the general revenue of the city, (iv) be paid out by the designated department head on requisition by a board for its annual operating budget, and (v) be spent only for the purposes of a business improvement area for which they were collected. (10) Nothing in subsection (9) shall preclude a board from obtaining revenue through fund raising, grants or gifts which funds shall also form part of the general revenue of the city. (11) A surcharge or business tax collected and imposed by subsection (9) shall be subject to the Assessment Act, 2006. (12) The council may make regulations (a) respecting the structure, composition and filling of vacancies of a board; (b) designating the qualifications necessary for appointment to a board or regarding election to a board; (c) regarding the election of officers of a board; (d) respecting voting by members of a board and the casting of tie breaking votes; (e) regarding rules of procedure governing board meetings; (f) respecting the annual and proper expenditure of funds by a board; (g) restricting expenditures of funds by boards to items and activities approved by the council; (h) outlining programs and activities which may be undertaken by boards; (i) regarding the levy of annual surcharges; (j) respecting notices to persons, businesses or other groups or organizations under this section; (k) respecting responses to notice requirements by persons, businesses or other groups or organizations; (l) respecting the increase or decrease in size of an existing business improvement area; and (m) respecting all other matters for the more effective carrying out of this section. (13) Nothing contained in this section shall preclude the city from promotion, improvement, beautification or maintenance activities within a business improvement area that are normally provided to the city at large. (14) The council may by regulation dissolve a business improvement area and a board of a business improvement area (a) upon receipt of a petition by persons qualified to reject the establishment of a business improvement area referred to in subsection (4); and (b) where a board has not functioned for a period of 1 or more years. 1988 c35 s277; 2006 cA-18.1 s48 ; 2016 c49 s43 Back to Top Economic development 277.1 (1) The council may encourage economic development as it considers appropriate, and for that purpose may enter into an agreement with another city, municipality, local service district, agency, person or the government of the province. (2) In this section, "economic development" means the continuation, expansion or establishment of a business or industry. 1999 c38 s32 Back to Top Nuisances 278. The council may make regulations with respect to noise or other types of nuisance, including the use of pellet and air guns, that, in the opinion of the council, has an unpleasant effect on the senses. 1988 c35 s278 Back to Top Stop order 279. The council may order that a nuisance that is contrary to the regulations stop. 1988 c35 s279 Back to Top Consequential 280. An order made under section 279 shall be served, may be enforced, is subject to the same penalty for non-compliance, and may be appealed against in the same manner as an order made with respect to a building under section 238. 1988 c35 s280 Back to Top Violation notice 280.1 (1) The council may, where authorized by the minister and by regulation, issue a violation notice to a person who contravenes a regulation made by the minister or the council under this Act. (2) A violation notice issued to a person under this section shall state on that notice (a) the contravention to which the notice applies; (b) the time and date of the contravention; (c) that a voluntary payment out of court of a stated amount may be made to the city within a time stated on the notice and the amount to which it will increase where payment is voluntarily made to the city by a later date stated on the notice; (d) that where payment is voluntarily made to the city for the contravention stated on the notice, no further action will occur with respect to that contravention; and (e) that where payment is not voluntarily made to the city as laid out in the notice, a summons will be issued with respect to the contravention stated on the violation notice. (3) Where a violation notice is issued to a person for a contravention of a regulation to which this section applies, that person may voluntarily pay to the city (a) the amount; and (b) within the time, stated on that notice. (4) The council shall not issue a violation notice except in accordance with this section and regulations made under section 280.3. 2003 c5 s2 Back to Top Issuance of summons 280.2 (1) Where a person who has received a violation notice under section 280.1 does not voluntarily make a payment to the city within the time stated on that notice, the city may charge that person by way of a summons, including a summons that is issued by means of a ticket under the Provincial Offences Act , with an offence in respect of the contravention stated on that notice. (2) Notwithstanding that the city has not issued a violation notice under section 280.1, the city may charge a person by way of a summons, including a summons that is issued by means of a ticket under the Provincial Offences Act, with an offence for a contravention of a regulation for which a violation notice may be issued under that section. (3) Where a person is convicted of an offence for which a summons referred to in subsection (1) or (2) was issued, and as a result of that conviction is liable to pay a fine, the amount of that fine paid into the court shall be paid out of the court to the city. (4) Where a person (a) is convicted of an offence for which a summons referred to in subsection (1) or (2) was issued; and (b) does not pay the fine imposed with respect to that conviction within the required time; and (c) owns the property or business to which the offence relates, that fine shall be collected and recovered from that person in the same manner that taxes and assessments may be collected and recovered under this Act with respect to that property or business. 2003 c5 s2 Back to Top Regulations 280.3 The minister may make regulations (a) to authorize the council to issue violation notices; (b) to establish the regulatory contraventions for which the council may issue violation notices and summonses to which sections 280.1 and 280.2 apply; (c) to establish the times by which a payment is to be made with respect to a violation notice issued under section 280.1; (d) to establish voluntary payment amounts that may be paid with respect to a violation notice issued under section 280.1; and (e) to establish fines with respect to offences for which a summons was issued in accordance with section 280.2. 2003 c5 s2 Back to Top Employee designation 280.4 The council may designate an employee or a class of employees who may issue a (a) violation notice under section 280.1; and (b) summons under section 280.2. 2004 c47 s8 PART VIII EXPROPRIATION Back to Top Expropriation 281. The council may with the approval of the minister expropriate land, or property or an interest in the land or property in accordance with this Act for the use of the council for the purposes of the powers given to it under this Act or incidental to this Act where (a) the party who owns the land or property or an interest in the land or property refuses to accept the sum offered in writing by the council; (b) the party who owns the land or property or an interest in the land or property is incapable of conveying the land or property or his or her interest, or cannot be found in the province or is not known; (c) for other reasons, agreement cannot or may not be reached with the party; or (d) for other reasons the council considers it advisable to do so. 1988 c35 s281 Back to Top Right of entry 282. The council may, by a person authorized for that purpose, ascertain and delimit the land or property or interest in the land or property to be expropriated and for that purpose the authorized person has the right to enter upon the land or property to ascertain, measure and obtain a plan and description of it. 1988 c35 s282 Back to Top Method of expropriation 283. (1) The council shall notify the owner in writing that the land or property, which land or property shall be delimited or described in the notice, is required and is to be expropriated under this Act. (2) Ten days after the service of the notice of expropriation on the owner, or, where the owner is incapable of conveying the land or property or his or her interest, or cannot be found in the province or is not known, or where for another reason personal service cannot be conveniently affected, then 10 days after the posting of notice of expropriation in a conspicuous place upon the land or property, the land or property vests in the council and the council may immediately enter upon the land or property and take possession of it. 1988 c35 s283 Back to Top Compensation 284. (1) The council shall pay compensation to the owner of land or property or an interest in the land or property expropriated under this Act or to the owner of land or property injuriously affected by the expropriation made under this Act. (2) An advantage which the owner of the expropriated land or property may derive or is likely to derive directly or indirectly from the contemplated work and operation for which the expropriation has taken place is to be taken into account in reduction of the compensation paid under subsection (1). 1988 c35 s284 Back to Top Board of assessors 285. (1) The amount of compensation to be paid under section 284 is to be ascertained by a board of assessors consisting of a chairperson and 2 other assessors. (2) The council shall appoint 1 assessor. (3) The council shall by written notice require the owner of land or property or an interest in the land or property that has been expropriated or injuriously affected to appoint an assessor and the owner shall, within 30 clear days after the date of the notice, appoint 1 assessor. (4) Where the owner of the land or property or an interest in the land or property that has been expropriated or injuriously affected cannot be found or the council does not know who the owner is, the council may appoint an assessor in addition to the assessor appointed by it under subsection (2). (5) Where the owner of the land or property or interest in the land or property that has been expropriated or injuriously affected refuses or neglects to appoint an assessor within the time set out in subsection (3), or is incapable of appointing an assessor, the council may apply to a judge of the Trial Division who, after the notice to the owner that appears appropriate, or without notice to the owner where it appears to the judge to be desirable to dispense with the notice, shall appoint the owner's assessor. (6) The assessors appointed under this section shall appoint a 3rd assessor to be chairperson of the board of assessors. (7) Where the 2 assessors fail to appoint the chairperson of the board of assessors after 7 clear days notice in writing from the council or the owner to make the appointment, a judge of the Trial Division shall, on the application either of the council or the owner, appoint the chairperson. 1988 c35 s285 Back to Top More than 1 owner 286. (1) Where the council decides to expropriate more than 1 piece of land or property belonging to different owners in a particular area, and the council and an owner do not agree upon the amount of compensation, the amount to be paid every owner with whom agreement cannot be reached is to be ascertained by a board of assessors to be appointed in accordance with section 285. (2) For the purposes of the application of section 285, "owners" means the majority of owners with whom agreement cannot be reached under subsection (1). 1988 c35 s286 Back to Top Oath or affirmation 287. Each member of a board of assessors shall, before taking up the duties of his or her office, take and sign the following oath or affirmation of office before a person authorized to administer oaths or affirmations: "I, A.B., swear (or affirm) that I will to the best of my ability faithfully perform the duties of a member of a board of assessors appointed under the City of Mount Pearl Act in connection with the expropriation of land or property by the council." (Where an oath is taken, add "So help me God".). 1988 c35 s287 Back to Top Award of board 288. The board of assessors are considered to be assessors and not arbitrators and their finding or the finding of 2 of them is considered to be the award of the board of assessors and is final and binding on the parties. 1988 c35 s288 Back to Top Powers of board 289. The board of assessors (a) may administer oaths to the parties and the witnesses appearing before them and take their affirmations; and (b) may correct in an award a clerical mistake or error arising from an accidental slip or omission. 1988 c35 s289 Back to Top Appeal 290. (1) The council or an owner of land or property that has been expropriated under this Act may, within 30 days after the date of an award of a board of assessors, give to the other party notice of an appeal to the Court of Appeal against the findings of the board of assessors upon a question of law or fact in connection with the expropriation or upon the question of the amount of compensation awarded by the board of assessors. (2) Costs of an appeal under subsection (1) may be awarded by the Court of Appeal for or against the council. 1988 c35 s290 Back to Top Technical objection 291. (1) An award of the board of assessors is not invalid because of a want of form or other technical objection where this Act has been substantially complied with and where the award states clearly the compensation awarded and clearly indicates the lands or property in respect of which the compensation has been awarded. (2) The board of assessors may name in the award the person to whom compensation is to be paid but the lands or property in respect of which the award has been made are to be clearly indicated. 1988 c35 s291 Back to Top Time of award 292. The award of the board of assessors is to be in writing and shall be made within 60 days of the appointment of the board, unless that period is extended by the council, and immediately upon being made, shall be delivered to the council. 1988 c35 s292 Back to Top Compensation 293. (1) The amount of compensation awarded by the board of assessors shall be paid within 6 months of the date of the award. (2) Where the compensation is not paid within 30 days of the date of the award, it bears interest at the rate of 5% annually until the date of payment. 1988 c35 s293 Back to Top Leasehold interest 294. (1) Where land or property expropriated under this Act is subject to a lease or sublease for a term of not less than 1 year, the board of assessors shall apportion the compensation fixed in respect of the land or property between the lessor, lessee and sublessee or the assigns of either of them in the manner that the board of assessors may decide. (2) Where part only of land or property subject to a lease described in subsection (1) is expropriated, the board of assessors shall apportion the rent payable in respect of the land or property between the land or property so expropriated and the residue of the land or property, and after the apportionment, the lessee and sublessee or their assigns are liable, as to all future accruing rent, only for so much of the rent as is so apportioned in respect of the land or property not expropriated. (3) With respect to the land or property not expropriated as set out in subsection (2), the lessor shall have the same rights and remedies against the lessee, sublessee, or their assigns for the recovery of the portion of the rent, as the lessor had previously to the apportionment for the recovery of the whole rent reserved by the lease, and the covenants, conditions and agreements of the lease, except as to the amount of rent to be paid, remain in force with regard to that part of the land or property that is not expropriated in the same manner as they would have done, as if that part of the land or property had been included in the lease or sublease. 1988 c35 s294 Back to Top Transfer of land 295. (1) Where land or property is expropriated, and the board of assessors are of the opinion that the owner of the land may be properly indemnified by having a portion of land assigned to him or her from land of the council adjoining the land or property expropriated, the board of assessors may, with the consent of the council, mark off as much of the adjoining land of the council that appears sufficient to the board of assessors to replace the land taken by expropriation. (2) The land or property marked off under subsection (1), and consented to by the council, is considered to be an award by the board of assessors, and upon transfer of the land or property by the council to the party whose land has been expropriated, is considered to be full compensation under this Act. 1988 c35 s295 Back to Top Costs 296. (1) The board of assessors may award costs in respect of a hearing before them under this Act, but the costs shall be taxed by a taxing officer of the Supreme Court in accordance with the scale of costs in the Rules of the Supreme Court, 1986. (2) Where (a) the compensation awarded by the board of assessors is greater than the sum that the council offered in writing in respect of the land that was expropriated or injuriously affected, the council shall pay the costs and expenses of the hearing before the board of assessors and the fees of that board provided for in this Act; (b) the compensation awarded by the board of assessors does not exceed the sum so offered, the person who refused the offer shall pay the costs and expenses of the hearing and fees of the board of assessors; and (c) in respect of land expropriated or injuriously affected, no sum was offered before expropriation, the costs and expenses of the hearing and fees of the board of assessors shall be paid by the party designated by the board of assessors. 1988 c35 s296; 1989 c12 s8 Back to Top Fees 297. (1) The council shall fix the fees to be paid to the members of the board of assessors and may enter into an agreement with the members for the payment to them of a fixed amount for their fees. (2) The execution of an agreement under subsection (1) is a full discharge of all claims by the members of the board of assessors for remuneration under this Act. 1988 c35 s297 Back to Top Register 298. A register containing the particulars of all expropriations under this Act and of the notices and awards served, posted or made in connection with the expropriations shall be kept by the council. 1988 c35 s298 Back to Top Notice 299. (1) A notice of expropriation may be given under this Act where an agreement as to the compensation to be paid or given subject to proof of title, has been made between the person who, in the opinion of the council, is the apparent owner of the land and the council. (2) Where a notice of expropriation is given under subsection (1), it shall be posted in a conspicuous place on the land in addition to the notice of expropriation being served on the person who is the apparent owner. (3) Where land is expropriated under subsection (1), no reference shall be made to the board of assessors, where the apparent owner establishes his or her title, and where it is found that the apparent owner is not the true owner, compensation is to be assessed and paid to the true owner in accordance with this Act. 1988 c35 s299 Back to Top Registration of notice 300. (1) A copy of the notice of expropriation upon which is endorsed or to which is attached an affidavit or a certificate of oath or affirmation in proof of service of the notice upon the owner or of the posting of the notice in accordance with this Act, may be registered in accordance with the Registration of Deeds Act without proof for registration and with payment of fees. (2) The provisions of the Registration of Deeds Act relating to proof for registration of an instrument apply to proof of service or of posting up of the notice as if the person serving or posting it were the signing witness to the execution of the instrument. (3) The registration of the copy of the notice with the affidavit or certificate attached has the same effect as the registration of an instrument under the Registration of Deeds Act and, for the purposes of section 10 of that Act, the council is considered to be a purchaser for valuable consideration. (4) Entry by the Registrar of Deeds in the index to the books of the Registry of Deeds of (a) the name of the person upon whom the notice is served or upon whose land or property the notice is posted and of the council as the parties; (b) the place where the land or property to which the notice relates is situated; (c) a description of the document as a notice of expropriation; (d) the date of the service or posting of the notice; and (e) the place of registration constitutes compliance with section 29 of the Registration of Deeds Act. (5) Where the name of the owner of the land is not known an entry to that effect is to be made in the index of the Registry of Deeds. 1988 c35 s300 Back to Top Duty to provide title 301. (1) Nothing contained in this Act requires the council to make compensation or transfer another matter provided by way of compensation under this Act, until the time that the owner has established his or her title to the reasonable satisfaction of the council. (2) Where a notice of expropriation is served under this Act, it is the duty of the person on whom it is served to submit to the council the title deeds and plans of the person's land or property that are available to him or her and to provide the council with information that it may reasonably require in connection with the title to the land or property. (3) Where the owner delays in providing the title deeds or plans or in providing necessary information to the council, the period stated in this Act within which the compensation or matter is required to be paid or transferred or the finding of the board of assessors is otherwise required to be carried out, is considered to be extended by the period of delay caused by the owner. 1988 c35 s301 Back to Top Payment into court 302. (1) Where the owner of land or property expropriated under this Act (a) refuses to accept the compensation awarded in respect of the land or property; (b) neglects or fails to make out a title to the land or property or to the interest claimed by him or her to the satisfaction of the council; (c) refuses to execute a document or receipt of indemnity in respect of the land or property as required by the council; or (d) is absent from the province or cannot after inquiry be found, the council may pay the compensation payable in respect of the land or property or an interest in the land or property into the Trial Division, subject to the control and disposition of that court in accordance with this Act. (2) Where the person to whom compensation is payable under this Act (a) is under a disability; (b) is a partial or qualified owner of the land or property or interest in the land or property expropriated under this Act; or (c) is not entitled to sell or convey it, the compensation payable in respect of the land or property may be paid by the council into the Trial Division under subsection (1). (3) Following payment into court under subsection (1) or (2), (a) the council shall be provided a receipt for the compensation money, which constitutes a full and valid discharge to the council in respect of liability to make further compensation for the land, property or interest in the land or property; and (b) the council does not incur liability to pay interest on the compensation paid into court. 1988 c35 s302; 2013 c16 s25 Back to Top Payment out of court 303. (1) Where there is a claim to compensation or a portion of compensation paid into the court under this Act, a person claiming the compensation may apply to a judge of the Trial Division for an order directing that the compensation or part of it be paid to him or her. (2) The compensation shall be disposed of by the court as directed by the judge. (3) Where a claim to compensation referred to in subsection (1) is not established in accordance with this Act before the expiration of 3 years from the date on which it was paid into court, the court shall, on the expiration of that period, return the amount of the compensation to the council together with all interest accrued. (4) Following the return of the compensation, the claim of every person against the council or a person acting under it in respect of the land or property or interest in it, on account of which the compensation was paid into court, is extinguished. 2013 c16 s25 Back to Top Sale of expropriated land 304. (1) The council may sell or otherwise dispose of land or property acquired by expropriation, agreement or gift on the terms and conditions and for the consideration that it thinks appropriate, where the sale or disposition is for the purpose for which the land or property was acquired. (2) With the approval of the minister, the council may sell or otherwise dispose of land or property acquired by expropriation, agreement or gift on the terms and conditions and for the consideration that it thinks appropriate, notwithstanding that the sale or disposition is for a purpose other than for which the land or property was acquired. 1988 c35 s304 PART IX RECEIVERSHIP Back to Top Receivership 305. Where the Lieutenant-Governor in Council has reason to believe following an audit of the accounts of the council by the auditor general or an auditor appointed by the auditor general, that the city is insolvent or is in imminent danger of insolvency and that it is in the best interests of the city and its creditors that the city be disbanded and its affairs wound up, the Lieutenant-Governor in Council may, by order, disband the city and appoint a receiver. 1988 c35 s305 Back to Top Effect of order 306. Upon the effective date of an order made under section 305, the city is disbanded and the council and all officers of the city are retired from office and are no longer qualified to act for or on behalf of the city or to exercise the functions, powers, and authority vested in the council, and the officers. 1988 c35 s306 Back to Top Ministerial direction 307. The receiver is subject to the direction of the minister in all things concerning the performance of his or her duties. 1988 c35 s307 Back to Top Duty of officers 308. (1) The former officers of the city shall pass over to the receiver at his or her request all money, securities, evidences of title, books, assessment rolls, tax rolls, by-laws, papers and documents, belonging to or relating to the affairs of the city, that they have in their possession or under their control. (2) A person who fails to comply immediately with a request of a receiver under subsection (1) is guilty of an offence and liable on summary conviction to a fine not exceeding $100 and in default of payment to imprisonment for a term not exceeding 3 months. 1988 c35 s308 Back to Top Powers of receiver 309. Upon his or her appointment the receiver (a) shall realize upon all the assets of the city comprising arrears of taxes and other liquid assets; and (b) shall, with the approval of the minister and in the manner prescribed by the minister, sell or otherwise dispose of the property of the city and execute in the name of and on behalf of the city all deeds, conveyances, transfers, assignments, receipts and other documents, and for that purpose use where necessary the seal of the city. 1988 c35 s309 Back to Top Books of account 310. (1) The receiver shall keep proper and correct books of account relating to the affairs of the city, showing the true financial condition of the city. (2) The minister or a person authorized by the minister may examine and inspect the books of account. (3) The books of account shall be audited in the manner prescribed by sections 107 to 115. 1988 c35 s310 Back to Top Receiver's records 311. The receiver shall keep a correct record of all the proceedings taken by him or her relating to the affairs of the city and shall give the minister a full statement upon completion of his or her duties. 1988 c35 s311 Back to Top Application of money 312. (1) All money realized by the receiver shall be applied by him or her in payment of the liabilities of the city where circumstances permit, after paying the costs and expenses incidental to the receivership, including the remuneration of the receiver, in the following order of priority: (a) payment of salaries to officers of the city up to the time of the disbanding of the city; (b) payment of amounts owing to the province by the city; and (c) payment of the other just debts of the city rateably and without preference or priority. (2) A surplus remaining after the payment of the liabilities of the city shall be paid into the Consolidated Revenue Fund by the receiver. 1988 c35 s312 Back to Top Payment of receiver 313. The receiver shall be paid out of the funds of the city the sum for his or her services and travelling and other expenses that the minister may determine. 1988 c35 s313 PART X [Rep. by 2001 cM-20.2 s102] Back to Top Rep. by 2001 cM-20.2 s102 314. [Rep. by 2001 cM-20.2 s102] 2001 cM-20.2 s102 Back to Top Rep. by 2001 cM-20.2 s102 315. [Rep. by 2001 cM-20.2 s102] 2001 cM-20.2 s102 Back to Top Rep. by 2001 cM-20.2 s102 316. [Rep. by 2001 cM-20.2 s102] 2001 cM-20.2 s102 Back to Top Rep. by 2001 cM-20.2 s102 317. [Rep. by 2001 cM-20.2 s102] 2001 cM-20.2 s102 Back to Top Rep. by 2001 cM-20.2 s102 318. [Rep. by 2001 cM-20.2 s102] 2001 cM-20.2 s102 Back to Top Rep. by 2001 cM-20.2 s102 319. [Rep. by 2001 cM-20.2 s102] 2001 cM-20.2 s102 Back to Top Rep. by 2001 cM-20.2 s102 320. [Rep. by 2001 cM-20.2 s102] 2001 cM-20.2 s102 Back to Top Rep. by 2001 cM-20.2 s102 321. [Rep. by 2001 cM-20.2 s102] 2001 cM-20.2 s102 Back to Top Rep. by 2001 cM-20.2 s102 322. [Rep. by 2001 cM-20.2 s102] 2001 cM-20.2 s102 Back to Top Rep. by 2001 cM-20.2 s102 323. [Rep. by 2001 cM-20.2 s102] 2001 cM-20.2 s102 Back to Top Rep. by 2001 cM-20.2 s102 324. [Rep. by 2001 cM-20.2 s102] 2001 cM-20.2 s102 Back to Top Rep. by 2001 cM-20.2 s102 325. [Rep. by 2001 cM-20.2 s102] 2001 cM-20.2 s102 Back to Top Rep. by 2001 cM-20.2 s102 326. [Rep. by 2001 cM-20.2 s102] 2001 cM-20.2 s102 Back to Top Rep. by 2001 cM-20.2 s102 327. [Rep. by 2001 cM-20.2 s102] 2001 cM-20.2 s102 Back to Top Rep. by 2001 cM-20.2 s102 328. [Rep. by 2001 cM-20.2 s102] 2001 cM-20.2 s102 Back to Top Rep. by 2001 cM-20.2 s102 329. [Rep. by 2001 cM-20.2 s102] 2001 cM-20.2 s102 Back to Top Rep. by 2001 cM-20.2 s102 330. [Rep. by 2001 cM-20.2 s102] 2001 cM-20.2 s102 Back to Top Rep. by 2001 cM-20.2 s102 331. [Rep. by 2001 cM-20.2 s102] 2001 cM-20.2 s102 Back to Top Rep. by 2001 cM-20.2 s102 332. [Rep. by 2001 cM-20.2 s102] 2001 cM-20.2 s102 Back to Top Rep. by 2001 cM-20.2 s102 333. [Rep. by 2001 cM-20.2 s102] 2001 cM-20.2 s102 Back to Top Rep. by 2001 cM-20.2 s102 334. [Rep. by 2001 cM-20.2 s102] 2001 cM-20.2 s102 Back to Top Rep. by 2001 cM-20.2 s102 335. [Rep. by 2001 cM-20.2 s102] 2001 cM-20.2 s102 Back to Top Rep. by 2001 cM-20.2 s102 336. [Rep. by 2001 cM-20.2 s102] 2001 cM-20.2 s102 Back to Top Rep. by 2001 cM-20.2 s102 337. [Rep. by 2001 cM-20.2 s102] 2001 cM-20.2 s102 Back to Top Rep. by 2001 cM-20.2 s102 338. [Rep. by 2001 cM-20.2 s102] 2001 cM-20.2 s102 Back to Top Rep. by 2001 cM-20.2 s102 339. [Rep. by 2001 cM-20.2 s102] 2001 cM-20.2 s102 Back to Top Rep. by 2001 cM-20.2 s102 340. [Rep. by 2001 cM-20.2 s102] 2001 cM-20.2 s102 Back to Top Rep. by 2001 cM-20.2 s102 341. [Rep. by 2001 cM-20.2 s102] 2001 cM-20.2 s102 Back to Top Rep. by 2001 cM-20.2 s102 342. [Rep. by 2001 cM-20.2 s102] 2001 cM-20.2 s102 Back to Top Rep. by 2001 cM-20.2 s102 343. [Rep. by 2001 cM-20.2 s102] 2001 cM-20.2 s102 Back to Top Rep. by 2001 cM-20.2 s102 344. [Rep. by 2001 cM-20.2 s102] 2001 cM-20.2 s102 Back to Top Rep. by 2001 cM-20.2 s102 345. [Rep. by 2001 cM-20.2 s102] 2001 cM-20.2 s102 Back to Top Rep. by 2001 cM-20.2 s102 346. [Rep. by 2001 cM-20.2 s102] 2001 cM-20.2 s102 Back to Top Rep. by 2001 cM-20.2 s102 347. [Rep. by 2001 cM-20.2 s102] 2001 cM-20.2 s102 Back to Top Rep. by 2001 cM-20.2 s102 348. [Rep. by 2001 cM-20.2 s102] 2001 cM-20.2 s102 Back to Top Rep. by 2001 cM-20.2 s102 349. [Rep. by 2001 cM-20.2 s102] 2001 cM-20.2 s102 Back to Top Rep. by 2001 cM-20.2 s102 350. [Rep. by 2001 cM-20.2 s102] 2001 cM-20.2 s102 Back to Top Rep. by 2001 cM-20.2 s102 351. [Rep. by 2001 cM-20.2 s102] 2001 cM-20.2 s102 Back to Top Rep. by 2001 cM-20.2 s102 352. [Rep. by 2001 cM-20.2 s102] 2001 cM-20.2 s102 Back to Top Rep. by 2001 cM-20.2 s102 353. [Rep. by 2001 cM-20.2 s102] 2001 cM-20.2 s102 Back to Top Rep. by 2001 cM-20.2 s102 354. [Rep. by 2001 cM-20.2 s102] 2001 cM-20.2 s102 Back to Top Rep. by 2001 cM-20.2 s102 355. [Rep.

by 2001 cM-20.2 s102] 2001 cM-20.2 s102 Back to Top Rep. by 2001 cM-20.2 s102 356. [Rep. by 2001 cM-20.2 s102] 2001 cM-20.2 s102 Back to Top Rep. by 2001 cM-20.2 s102 357. [Rep. by 2001 cM-20.2 s102] 2001 cM-20.2 s102 Back to Top Rep. by 2001 cM-20.2 s102 357.1 [Rep. by 2001 cM-20.2 s102] 2001 cM-20.2 s102 Back to Top Rep. by 2001 cM-20.2 s102 358. [Rep. by 2001 cM-20.2 s102] 2001 cM-20.2 s102 Back to Top Rep. by 2001 cM-20.2 s102 359. [Rep. by 2001 cM-20.2 s102] 2001 cM-20.2 s102 Back to Top Rep. by 2001 cM-20.2 s102 360. [Rep. by 2001 cM-20.2 s102] 2001 cM-20.2 s102 Back to Top Rep. by 2001 cM-20.2 s102 361. [Rep. by 2001 cM-20.2 s102] 2001 cM-20.2 s102 Back to Top Rep. by 2001 cM-20.2 s102 362. [Rep. by 2001 cM-20.2 s102] 2001 cM-20.2 s102 Back to Top Rep. by 2001 cM-20.2 s102 363. [Rep. by 2001 cM-20.2 s102] 2001 cM-20.2 s102 Back to Top Rep. by 2001 cM-20.2 s102 364. [Rep. by 2001 cM-20.2 s102] 2001 cM-20.2 s102 Back to Top Rep. by 2001 cM-20.2 s102 365. [Rep. by 2001 cM-20.2 s102] 2001 cM-20.2 s102 Back to Top Rep. by 2001 cM-20.2 s102 366. [Rep. by 2001 cM-20.2 s102] 2001 cM-20.2 s102 Back to Top Rep. by 2001 cM-20.2 s102 367. [Rep. by 2001 cM-20.2 s102] 2001 cM-20.2 s102 Back to Top Rep. by 2001 cM-20.2 s102 368. [Rep. by 2001 cM-20.2 s102] 2001 cM-20.2 s102 Back to Top Rep. by 2001 cM-20.2 s102 369. [Rep. by 2001 cM-20.2 s102] 2001 cM-20.2 s102 Back to Top Rep. by 2001 cM-20.2 s102 370. [Rep. by 2001 cM-20.2 s102] 2001 cM-20.2 s102 Back to Top Rep. by 2001 cM-20.2 s102 371. [Rep. by 2001 cM-20.2 s102] 2001 cM-20.2 s102 Back to Top Rep. by 2001 cM-20.2 s102 372. [Rep. by 2001 cM-20.2 s102] 2001 cM-20.2 s102 Back to Top Rep. by 2001 cM-20.2 s102 373. [Rep. by 2001 cM-20.2 s102] 2001 cM-20.2 s102 Back to Top Rep. by 2001 cM-20.2 s102 374. [Rep. by 2001 cM-20.2 s102] 2001 cM-20.2 s102 Back to Top Rep. by 2001 cM-20.2 s102 375. [Rep. by 2001 cM-20.2 s102] 2001 cM-20.2 s102 Back to Top Rep. by 2001 cM-20.2 s102 376. 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[Rep. by 2001 cM-20.2 s102] 2001 cM-20.2 s102 Back to Top Rep. by 2001 cM-20.2 s102 387. [Rep. by 2001 cM-20.2 s102] 2001 cM-20.2 s102 Back to Top Rep. by 2001 cM-20.2 s102 388. [Rep. by 2001 cM-20.2 s102] 2001 cM-20.2 s102 Back to Top Rep. by 2001 cM-20.2 s102 389. [Rep. by 2001 cM-20.2 s102] 2001 cM-20.2 s102 Back to Top Rep. by 2001 cM-20.2 s102 390. [Rep. by 2001 cM-20.2 s102] 2001 cM-20.2 s102 Back to Top Rep. by 2001 cM-20.2 s102 391. [Rep. by 2001 cM-20.2 s102] 2001 cM-20.2 s102 Back to Top Rep. by 2001 cM-20.2 s102 392. [Rep. by 2001 cM-20.2 s102] 2001 cM-20.2 s102 Back to Top Rep. by 2001 cM-20.2 s102 393. [Rep. by 2001 cM-20.2 s102] 2001 cM-20.2 s102 Back to Top Rep. by 2001 cM-20.2 s102 394. [Rep. by 2001 cM-20.2 s102] 2001 cM-20.2 s102 Back to Top Rep. by 2001 cM-20.2 s102 395. [Rep. by 2001 cM-20.2 s102] 2001 cM-20.2 s102 Back to Top Rep. by 2001 cM-20.2 s102 396. [Rep. by 2001 cM-20.2 s102] 2001 cM-20.2 s102 Back to Top Rep. by 2001 cM-20.2 s102 397. [Rep. by 2001 cM-20.2 s102] 2001 cM-20.2 s102 Back to Top Rep. by 2001 cM-20.2 s102 398. [Rep. by 2001 cM-20.2 s102] 2001 cM-20.2 s102 Back to Top Rep. by 2001 cM-20.2 s102 399. [Rep. by 2001 cM-20.2 s102] 2001 cM-20.2 s102 Back to Top Rep. by 2001 cM-20.2 s102 400. [Rep. by 2001 cM-20.2 s102] 2001 cM-20.2 s102 Back to Top Rep. by 2001 cM-20.2 s102 401. [Rep. by 2001 cM-20.2 s102] 2001 cM-20.2 s102 Back to Top Rep. by 2001 cM-20.2 s102 402. [Rep. by 2001 cM-20.2 s102] 2001 cM-20.2 s102 Back to Top Rep. by 2001 cM-20.2 s102 403. [Rep. by 2001 cM-20.2 s102] 2001 cM-20.2 s102 Back to Top Rep. by 2001 cM-20.2 s102 404. [Rep. by 2001 cM-20.2 s102] 2001 cM-20.2 s102 Back to Top Rep. by 2001 cM-20.2 s102 405. [Rep. by 2001 cM-20.2 s102] 2001 cM-20.2 s102 Back to Top Rep. by 2001 cM-20.2 s102 406. [Rep. by 2001 cM-20.2 s102] 2001 cM-20.2 s102 Back to Top Rep. by 2001 cM-20.2 s102 407. [Rep. by 2001 cM-20.2 s102] 2001 cM-20.2 s102 Back to Top Rep. by 2001 cM-20.2 s102 408. [Rep. by 2001 cM-20.2 s102] 2001 cM-20.2 s102 Back to Top Rep. by 2001 cM-20.2 s102 409. [Rep. by 2001 cM-20.2 s102] 2001 cM-20.2 s102 Back to Top Rep. by 2001 cM-20.2 s102 410. [Rep. by 2001 cM-20.2 s102] 2001 cM-20.2 s102 Back to Top Rep. by 2001 cM-20.2 s102 411. [Rep. by 2001 cM-20.2 s102] 2001 cM-20.2 s102 Back to Top Rep. by 2001 cM-20.2 s102 412. [Rep. by 2001 cM-20.2 s102] 2001 cM-20.2 s102 Back to Top Rep. by 2001 cM-20.2 s102 413. [Rep. by 2001 cM-20.2 s102] 2001 cM-20.2 s102 Back to Top Rep. by 2001 cM-20.2 s102 414. [Rep. by 2001 cM-20.2 s102] 2001 cM-20.2 s102 Back to Top Rep. by 2001 cM-20.2 s102 415. [Rep. by 2001 cM-20.2 s102] 2001 cM-20.2 s102 Back to Top Rep. by 2001 cM-20.2 s102 416. [Rep. by 2001 cM-20.2 s102] 2001 cM-20.2 s102 Back to Top Rep. by 2001 cM-20.2 s102 417. [Rep. by 2001 cM-20.2 s102] 2001 cM-20.2 s102 Back to Top Rep. by 2001 cM-20.2 s102 418. [Rep. by 2001 cM-20.2 s102] 2001 cM-20.2 s102 Back to Top Rep. by 2001 cM-20.2 s102 419. [Rep. by 2001 cM-20.2 s102] 2001 cM-20.2 s102 Back to Top Rep. by 2001 cM-20.2 s102 420. [Rep. by 2001 cM-20.2 s102] 2001 cM-20.2 s102 Back to Top Rep. by 2001 cM-20.2 s102 421. [Rep. by 2001 cM-20.2 s102] 2001 cM-20.2 s102 Back to Top Rep. by 2001 cM-20.2 s102 422. [Rep. by 2001 cM-20.2 s102] 2001 cM-20.2 s102 Back to Top Rep. by 2001 cM-20.2 s102 423. [Rep. by 2001 cM-20.2 s102] 2001 cM-20.2 s102 Back to Top Rep. by 2001 cM-20.2 s102 424. [Rep. by 2001 cM-20.2 s102] 2001 cM-20.2 s102 Back to Top Rep. by 2001 cM-20.2 s102 425. [Rep. by 2001 cM-20.2 s102] 2001 cM-20.2 s102 Back to Top Rep. by 2001 cM-20.2 s102 426. [Rep. by 2001 cM-20.2 s102] 2001 cM-20.2 s102 Back to Top Rep. by 2001 cM-20.2 s102 427. [Rep. by 2001 cM-20.2 s102] 2001 cM-20.2 s102 Back to Top Rep. by 2001 cM-20.2 s102 428. [Rep. by 2001 cM-20.2 s102] 2001 cM-20.2 s102 Back to Top Rep. by 2001 cM-20.2 s102 429. [Rep. by 2001 cM-20.2 s102] 2001 cM-20.2 s102 Back to Top Rep. by 2001 cM-20.2 s102 430. [Rep. by 2001 cM-20.2 s102] 2001 cM-20.2 s102 Back to Top Rep. by 2001 cM-20.2 s102 431. [Rep. by 2001 cM-20.2 s102] 2001 cM-20.2 s102 Back to Top Rep. by 2001 cM-20.2 s102 432. [Rep. by 2001 cM-20.2 s102] 2001 cM-20.2 s102 Back to Top Rep. by 2001 cM-20.2 s102 433. [Rep. by 2001 cM-20.2 s102] 2001 cM-20.2 s102 Back to Top Rep. by 2001 cM-20.2 s102 434. [Rep. by 2001 cM-20.2 s102] 2001 cM-20.2 s102 Back to Top Rep. by 2001 cM-20.2 s102 435. [Rep. by 2001 cM-20.2 s102] 2001 cM-20.2 s102 Back to Top Rep. by 2001 cM-20.2 s102 436. [Rep. by 2001 cM-20.2 s102] 2001 cM-20.2 s102 Back to Top Rep. by 2001 cM-20.2 s102 437. [Rep. by 2001 cM-20.2 s102] 2001 cM-20.2 s102 PART XI OFFENCES Back to Top General penalty 438. A person who (a) contravenes or fails to comply with this Act or a regulation or order made under this Act; or (b) tears down, removes or damages a regulation, order or notice posted by the council is guilty of an offence and liable on summary conviction, where no penalty is otherwise provided, to a fine not exceeding $1,000 or in default of payment to a period of imprisonment not exceeding 90 days, or to both a fine and imprisonment. 1988 c35 s438 Back to Top Continuing offence 439. The conviction of a person under section 438 does not operate as a bar to further prosecution for the continued failure on the part of that person to comply with this Act, a regulation or an order. 1988 c35 s439 Back to Top Representation 440. In all proceedings in a court of summary jurisdiction to which the council is a party, it may be represented by an employee of the council or by the councillors. 1988 c35 s440 Back to Top Prosecutions 441. (1) Prosecutions for offences under this Act may be carried out by the council or its agents or a constable, notwithstanding section 76 of the Law Society Act, 1999. (2) For the purposes of this section a constable includes a municipal enforcement officer and a regional police officer and a traffic officer under the Highway Traffic Act. 1988 c35 s441; 2006 c40 s5 Back to Top Disposition of fines 442. (1) A fine recovered under this Act shall be forwarded by the court imposing the fine to the council. (2) Where a fine imposed under subsection (1) is for a ticketable offence the council shall pay to the province an amount that the Minister of Justice may establish for every ticket processed by the province. 1988 c35 s442; 1995 cP-31.1 s53 ; 2012 c10 s4 Back to Top Schedule A BEGINNING at a point on the southern side of Canadian National Railway at the western periphery of the proposed east-west arterial road, at coordinates N 5 264 290 m and E 321 762 m; THENCE along the southern sideline of the Canadian National Railway, running southwestward 535 m more or less to a point at coordinates N 5 264 233 m and E 321 231 m; THENCE following a fenceline South 18° 30' West, 18.5 m more or less and South 67° 15' West, 242 m more or less and South 62° 45' West, 126 m more or less and South 60° 15' West 89 m more or less to a point at coordinates N 5 264 020 m and E 320 812 m; THENCE proceeding along a fenceline , South 81° 45' West, 96 m more or less and South 80° West 200 m more or less to a point at coordinates N 5 263 972 m and E 320 520 m; THENCE generally following the boundary of the Agriculture Development Area, described in The Development Area of St. John's Urban Region (Agriculture) Order, 1978, published in Gazette on July 28, 1978, running South 70° 45' West, 870 m more or less to a point at coordinates N 5 263 689 m and E 319 699 m; THENCE following a fenceline to a point at coordinates N 5 263 507 m and E 319 847 m, said point bearing South 39° 07' East, 235 m more or less from the last given point, and South 53° 08' West, 40 m more or less to a point at coordinates N 5 263 483 m and E 319 815 m, and South 40° 35' East, 257 m more or less to a point at coordinates N 5 263 288 m and E 319 982 m, and South 48° 28' West, 47 m more or less to a point at coordinates N 5 263 257 m and E 319 947 m; THENCE running southeastward 684 m more or less along the northeastern side of Commonwealth Avenue to a point at coordinates N 5 262 739 m and E 320 393 m; THENCE running North 53° 53' East, 92 m along the southeastern side of Brookfield Road to a point at coordinates N 5 262 793 m and E 320 467 m; THENCE running south 33° 33' East, 335 m more or less, to a point at coordinates N 5 262 514 m and E 320 652 m; THENCE running South 21° 20' West, 437 m, more or less, along the northwestern side of Heavy Tree Road to a point at coordinates N 5 262 107 m and E 320 493 m; THENCE running southwestward along the northern side of the Harbour Arterial Road 1100 m, more or less, to a point at coordinates N 5 261 809 m and E 319 473 m, said point being situate 440 m, more or less, along the said Arterial from the Ruby Line intersection; THENCE along a bearing of alignment with a point situate 1.1 km more or less, along Ruby Line from the Arterial overpass, running South 00° 11' West, 835 m more or less, to a point, spot elevation 156.5 m, at coordinates N 5 260 974 m and E 319 470 m; THENCE running generally westward along the height of land to geodetic station "South Base (Donovan)", spot elevation 244.5 m; THENCE along a bearing of alignment with a radio beacon, running South 73° West, 64 m more or less, to the eastern fence corner of the V.O.R. Site; THENCE running southwestward along the northern sideline of a private access road, 1.18 km more or less, to the Trans Canada Highway; THENCE running northeastward along the eastern sideline of the Trans Canada Highway, 5.35 km, more or less, to Donovans Overpass at Topsail Road and proceeding approximately 1 km along the Trans Canada Highway to a point at coordinates N 5 266 053.5 m and E 318 149 m; THENCE, following a common boundary with the City of St. John's, proceeding northeastward 1.56 km more or less along the southern sideline of the Trans Canada Highway to a point situate 130 m more or less northeastward along the Trans Canada Highway from the Wyatt Boulevard intersection, said point being at coordinates N 5 266 600 m and E 319 600 m; THENCE running southeastward along a fenceline between land now or formerly owned by G.G.R. Parsons and E.C. Hiscock to a point at coordinates N 5 266 201.5 m and E 319 840 m, said point bearing South 31° East, 466 m more or less, from the last given point; THENCE following the northern sideline of a 30 m wide right of way along the southern line of the said Hiscock property, running North 87° 13' East, 240 m more or less, to a point at coordinates N 5 266 213 m and E 320 079 m; THENCE running Due East, along property now or formerly of the Butler Estate traditionally known as "Rossland", 289 m more or less, to a point, spot elevation 209.8 m, at coordinates N 5 266 213 m and E 320 368.5 m; THENCE Due South, 501.5 m more or less to a point at coordinates N 5 265 711.5 m and E 320 368.5 m; THENCE generally following the Canadian Government Railways Microwave Site, running North 65° East, 573 m more or less to a point, spot elevation 232.2 m, at coordinates N 5 265 952 m and E 320 889 m; THENCE following a survey cut line along the western boundary of all that piece or parcel of land formerly known as V.L.A. Lot #1 of the "Hans Wich Sub-division", running South 35° East, 23 m; AND South 28° 30' East, 380 m, more or less, to a point on a power transmission line, said point having coordinates N 5 265 602 m and E 321 084 m; THENCE running along the powerline South 51° 15' West, 51 m, more or less, to a point at coordinates N 5 265 570 m and E 321 044 m; THENCE running South 25° 13' 42" East, 221 m, more or less to a point on the Southern sideline of Blackmarsh Road, said point having coordinates N 5 265 370 m and E 321 139.5 m; THENCE following the western periphery of the proposed east-west arterial road, via the western sideline of the St. John's Regional Water Supply System Easement, proceeding south 25° 13' 42" East, 66 m, more or less; AND south 10° 50' 22" East, 72 m, more or less to a point on the north side of Topsail Road at coordinates N 5 264 696.4 m and E 321 437.3 m; THENCE running eastward approximately 195 m along the northern sideline of Topsail Road to a point at coordinates N 5264 743 m and E 321 625 m; THENCE crossing Topsail Road to, and running Southward via fenceline along the eastern boundary of the premises of one Kevin Walsh, and the eastern boundary of property of Muir's Marble Works, and the eastern boundary of land now or formerly owned by the Royal Garage Ltd. to a point at coordinates N 5 264 620 m and E 321 670 m, said point bearing South 20° 15' East, 131 m more or less from the last given point; THENCE proceeding along the western periphery of the aforementioned arterial road; South 40° 30' East, 56 m, more or less to a point at coordinates N 5 264 577 m and E 321 706.5 m; AND proceeding approximately 268 m via the arc of a curve of radius 340 m to a point bearing South 14° 20' East 259 m more or less from the last given point; AND continuing along said arterial, South 11° 45' West, 37.5 m more or less to the point of beginning. ALL BEARINGS herein refer to Grid North, Central Meridian 53° West Longitude; and, as with distances and coordinates given, are subject to approximation as delineated on the 1:2500/1:1250 mapping, 1974/75 Editions. 1988 c35 Sch A Back to Top Schedule B [Rep. by 2006 c36 s4] 2006 c36 s4 Back to Top Schedule C [Rep. by 2006 c36 s4] 2006 c36 s4