RSNL1990 CHAPTER C-17 - CITY OF ST. JOHN'S ACT

RSNL1990 CHAPTER C-17 CITY OF ST. JOHN 'S ACT Amended: 1991 c35 s5; 1992 c48 s6; 1993 c34; 1995 c4 s1; 1995 cL-16.1 s30(3); 1995 cP-31.1 s53; 1996 cR-10.1 s11; 1996 c18; 1996 c32; 1997 c4; 1997 c13 s6; 1999 c38; 2000 c6; 2001 cM-20.2; 2001 c42 s8; 2001 cN-3.1 s2; 2002 cW-4.01 s98; 2002 c8; 2003 c5 s3; 2004 c36 s4; 2004 c47 s9; 2005 c26 s3; 2005 c53; 2006 c7 s3; 2006 cC-17.1 s48; 2008 c10 s2; 2008 cF-11.01 s38; 2009 c12; 2009 c39 s3; 2009 c40 ss3&4; 2012 c10 s5; 2012 c26 ss1 to 13; 2013 c16 s25; 2014 c5 ss5&6; 2016 c49 s44; 2016 c52 s1; 2021 cM-20.01 s25; 2023 c24 CHAPTER C-17 AN ACT RELATING TO THE MUNICIPAL AFFAIRS OF THE CITY OF ST. JOHN 'S Analysis 1. Short title 2. Definitions 3. City boundary 4. Corporation 5. Council 5.01 Youth representative 5.1 Wards 6. Remuneration 7. Rep. by 2001 cM-20.2 s103 7.1 No nomination for mayor or deputy mayor 8. Rep. by 2001 cM-20.2 s103 9. Eligibility re council membership 10. Conflict of interests 11. Election void 12. Seat to be vacated 13. Mayor's duties 14. Mayor's status 15. Deputy mayor 15.1 Vacancy re: mayor 15.2 Vacancy re: deputy mayor 15.3 Requirement to resign seat 16. Absence of mayor 17. Presiding officer 18. Points of order 19. Equality of votes 20. Contracts 21. Leave of absence 22. Internal affairs 23. Coat of Arms 24. Use of Coat of Arms 25. Offence 26. Seal 27. Seal required 28. Flag 29. Power to make by-laws 30. Notice required 31. Publication 32. Record of by-laws 33. Breach of by-laws 34. Declaration of state of emergency 35. Procedure for offences 36. Limitation of action 37. Application of fines 38. Public meetings 39. Weekly meetings 40. Special meetings 41. Minutes to be public 42. Notice of meetings 43. Minutes recorded 44. Rep by 2021 cM-20.01 s25 45. Right of entry 46. Obstructing employees 47. Posting notice on land 48. Interference or destruction 49. Conduct of employees 50. Bonding of employees 51. City property defined 52. Streets vested 53. Quidi Vidi Lake 54. Bannerman Park 55. Council controls park 56. Swimming pool 57. Rent to Lieutenant-Governor 58. Victoria Park 59. Quidi Vidi Park 60. Parks and Recreation Commission 61. Acquisition of park land 62. Sporting events 63. Council regulates parks 64. Maintenance 65. Bowring Park 66. Water Store 67. Accounts of property 68. Respecting insurance 69. Crown land 70. Old Railway Track 71. Title to Crown land 72. Plan of Crown lands 73. City plan 74. Search of city property 75. New streets 76. Planned development 77. Development proposals 78. Improvement cost assessed 79. Appeal from assessment 80. Water and sewage pipes 81. Street alteration 82. Street lighting 83. Expropriation 84. Street lines 85. Payment of assessments 85.1 Interest on arrears 86. Power to borrow 87. Water and sewer extensions 88. Rep. by 1993 c34 s1 89. New streets recorded 90. Powers of council 91. Further powers 92. Council as owner 93. Disposition of city land 94. Rep. by 1993 c34 s2 95. Planning by-law 96. Purchase of land for stated purposes 97. Traffic commission 98. Development areas 99. Business improvement areas 99.1 Economic development 100. Unhealthy areas 101. Expropriation 102. Water supply 103. Fluoridation of water supply 104. Control of water bodies 105. Expropriation against pollution 105.1 Water resources 106. Prohibition in supply area 107. Application of regulations 108. Exemption of regulation 109. Power to excavate 110. Power to tunnel 111. Repairing pipes 112. Water receptacle 113. Offence to use water 114. Misuse of water 114.1 Regulations 115. Placing of pipes 116. Service pipes 117. Extra pipes 118. Laying pipes 119. Water hydrants 120. Inspection of pipes 121. Detection of waste 122. Water meters 123. Non-working meter 124. Water rates 125. Recovery of rates 126. Used hydrants 127. Action where arrears 128. Street plan 129. Marking of streets 130. Removal of landmarks 131. South side street 132. Promenade 133. New streets 134. Digging up streets 135. Duty of person digging 136. Lighting 137. Approval of poles, sewers, etc. 138. Penalty 139. Permits re cables, pipes 140. Street names and numbering 141. Sidewalk width 142. Sidewalk construction 143. Power re streets 144. Pedestrians 145. Pavement, curbs, gutters 146. Rep. by 2016 c49 s44 147. Street encumbrances 148. Restriction re fuel pumps 149. Penalty for obstruction 150. Building permits 151. Obstructing coves 152. Water drainage 153. Snow removal 154. Water 155. Care of public trees 156. Planting of public trees 157. Trimming trees 158. Overhanging trees 159. Fence vacant lots 160. Drinking fountains 161. Prohibition re crossing 162. Regulations 163. Sidewalk traffic 164. Vehicle identification 165. Rules of the road 166. Removal of vehicles 167. Vehicles for hire 168. Scales of fares 169. Control of bicycles 170. Rules and regulations 171. Board etc. appointed 172. Sewage control 173. Installation of sewer 174. Sewage tax 175. Exemption 176. Private drains 177. Offence 178. Penalty 179. Liability liable for 179.1 Nuisance 180. Public water 181. Private sewage house 182. Penalty 183. Insurance 184. Payment 185. Cost assessed 186. Recovery of assessment 187. Ground landlord liable 188. Improvements affect rent 189. Sanitation for employees 190. Catch-basins required 191. Sanitation regulations 192. Septic tanks 193. Dumping into harbour 194. Stagnant water 195. Prohibited refuse 196. Municipal dump 197. Slaughterhouse 198. Abattoirs & markets 199. Public health 200. Mains outside city 201. Agreement 202. Assessments for mains 203. Assessments outside city 204. Services outside city 205. Lien 206. Street care 207. Connecting with city sewer 208. Light and power 209. Public library 210. Stadium 211. Parking lots 212. Public utilities 213. Bus service 214. Shop closing 215. Pornographic materials 216. Public buildings safety 217. Dogs registration 218. Dog tags 219. Dogs not to be at large 220. Penalty 221. Horses registration 222. Horses drawn vehicle 223. Penalty 224. Financial year 225. Power to tax 226. Rep. by 2012 c26 s4 227. Rep. by 2012 c26 s4 228. Appraisement basis 229. Rep. by 2012 c26 s5 230. Annual value rental 231. Appraising rental value 232. Notification of sale 233. Rep. by 2012 c26 s6 234. Rep. by 2012 c26 s6 235. Ground landlords' tax 236. Rep. by 2012 c26 s7 237. Rep. by 2012 c26 s7 238. Rep. by 2012 c26 s7 239. Sale of vacant land 240. Rep. by 2012 c26 s8 241. Water tax 242. Public Utilities Act 243. Mortgaged property 244. Mortgagee liability 245. Appraisement 246. Extension areas 247. Court of revision 248. Term of office and sessions 249. Appeal 250. Special appraisement 251. Production of documents 252. Retrospective tax 253. Effect of error 254. Non service 255. Right to collect 256. Assessment enforced 257. Tax exemptions 258. Further exemptions 259. Estimated revenue 260. Rep. by 2012 c26 s11 261. Payment of taxes 262. Reduction of tax 263. Taxes deferred 264. Powers 265. Apportionment 266. Annulment 267. Balance after sale 268. Offences 269. Fuel oil tax 270. Entertainment tax 271. Waiver of tax 272. Admission 273. Business licence 274. Other licences 275. Building contractors 276. Liability for licence 277. Licence 278. Penalty 279. Circus 280. Poll Tax 281. Lien for taxes 282. Water rates 283. Waterside mains 284. Rep. by 1996 c18 s4 285. Set-off 286. Money expenditure 287. Estimates 288. Audited statement 289. Publish statement 290. Expenditure over estimates 291. Diversion of appropriations 292. Deficiency 293. Balance 294. Special loans 295. Prohibition re diversion 296. Voting for expenditure 297. Requisition for purchase 298. Bills and accounts 299. Statistics 300. Weekly statistics 301. Borrowing money 302. Councillors liable 303. Limitation of liability 304. Petition for investigation 305. Commission of investigation 306. Report of commission 307. Powers of commission 308. Referendum 309. Borrowing money 310. Borrowing for interim financing 311. Recovery of taxes 312. Procedure 313. Proceedings in city name 314. Rep. by 1995 cL-16.1 s30( 3) 315. Rep. by 1995 cL-16.1 s30( 3) 316. Public nuisances 317. Substituting officials 318. Power to appoint employees 319. Transfer after annexation 320. Appointments exclusive 321. Conflict of interest 322. Duties of officials 323. Non-liability of employees 324. Board appointments 325. City clerk 326. Powers of clerk 327. Duties of clerk 328. City manager 329. Removal etc. of officials 330. Preservation of documents 331. City comptroller 332. City planning officer 333. City engineer 334. Auditor general 335. Report of auditor general 336. Remuneration of auditor general 337. City solicitor 338. Duties of solicitor 339. Duties of medical officer 340. Refusal to comply 340.1 St. John's Regional Fire Department 340.2 Fire department 340.3 Staff 340.4 Regulations re: management of fire department 340.5 Regulations re members 340.6 Fire code 340.7 Agreements 340.8 Fire alarms, etc. 340.9 Pulling down buildings 340.10 Right re traffic 340.11 Power to enter building 340.12 Other fire department 340.13 Offences 340.14 Association of firefighters 340.15 Existing collective agreements 340.16 No strike 340.17 Collective bargaining 340.18 Duration of agreement 340.19 Board of arbitrators 340.20 Remuneration of board members 340.21 Time limits for proceedings 340.22 Duration of decision or award 340.23 Duration of agreements 340.24 Legislative implementation 341. Sanitary supervisor 342. Impounder 343. Pension schemes 344. Insurance plans 345. Pensionable service 346. Dwellings 347. Alteration of dwellings 348. Use of buildings 349. Zoning by-laws 350. Light and ventilation 351. Authority of limit 352. Traffic causes prohibition 353. Exemption re industrial enterprise 354. Prevention of inferior building 355. Heritage preservation 356. Unhealthy buildings 357. Plans approved 358. Submission of plans 359. Permit 360. Change in plans 361. Liability 362. Plumbing inspected 363. Condition of occupation 364. Exception 365. Building nuisance 366. Building location 367. Distance from street 368. Plumbing system 369. Good repair required 370. Cleanliness required 371. Prohibit animals 372. Dangerous materials 373. Commercial motor vehicles 374. Car park 375. Order re nuisances 376. Unfit dwellings 377. Power of medical officer and council 378. Fire prevention 379. Building height 380. Ladders 381. Habitability of houses 382. Weatherproof 383. Inspection of houses 384. Regulations of buildings 385. Condemnation 386. Report of engineer 387. Party walls 388. Adjacent lights 389. Building regulations 390. Development control 391. Trailers 392. Residential property 393. Appeal 394. Appeal to Trial Division 395. Search 396. Procedure 397. Commercial property 398. Appeal 399. Appeal to Trial Division 400. Search 401. Procedure 402. Planning fee 402.1 Regional services 402.2 Public Utilities Board 402.3 Regional fire service 403. General penalty 403.1 Violation notice 403.2 Issuance of summons 403.3 Regulations 403.4 Employee designation 404. Orders for possession 405. Additional penalty 406. Conditional permission 407. Previous enactments 408. Acts Schedule A Schedule B Schedule C Schedule D Schedule E Schedule F Short title 1. This Act may be cited as the City of St. John's Act. RSN1970 c40 s1 Back to Top Definitions 2. In this Act, (a) " area " means the area within the boundaries of the City of St. John's ; (b) " building " includes every structure, erection, excavation, alteration, or improvement in or upon lands comprised in the area; (c) " building inspector" means a building inspector appointed under this Act; (d) " building site" means lands upon which a building has been located, or upon which it is possible to locate a building; (e) " city " means the City of St. John's as incorporated by this Act, and reference to the city includes reference to the "Town of St. John's " and where the context so admits, shall include the council; (f) " council " means the St. John's Municipal Council referred to in section 5, and, where the context so admits, shall include the city; (g) " development of land" or "subdivision of land" or "development or subdivision of land" includes (i) a division of land into 2 or more lots or parts, (ii) work on land with a view to its division into 2 or more lots or parts, (iii) the combining of 2 or more lots or parts of land into 1, (iv) an alteration to a subdivision, and (v) an application relating to land capable of being developed with more than 1 building or dwelling or having built on it more than 1 building or dwelling, and "develop" or "subdivide" has a corresponding meaning in relation to land; " (h) "drain" means a drain used for the drainage of 1 building or premises only for the purpose of communicating from it with a sewer, septic-tank, cesspool or other similar receptacle, into which the drainage of 2 or more houses or premises occupied by different persons is conveyed; (i) "dwelling" is a house or building, or portion of a house or building, which is occupied in whole or in part, as the home, residence, or sleeping place of 1 or more persons; (i.1) "election" means a general election, by-election or special election held under the Municipal Elections Act; (j) " ground landlord" means the owner of the freehold of land, whether built upon or not, or who receives rent for land exclusive of the buildings which may be erected upon it; (j.1) "fire department" means the St. John's Regional Fire Department referred to in section 353.1; (k) " house " includes schools, factories, and other buildings in which more than 1 person is employed at a time; (l) " lands and premises" includes messuages , buildings, lands and easements of any tenure; (m) " local improvements" means an expenditure of public funds upon a street or locality by which that street or locality is benefitted; (n) " nuisances " includes (i) a premises in a state that is injurious to health; (ii) a pool, ditch, gutter, watercourse, privy, urinal, cesspool, drain or ashpit so foul or in such a state as to be injurious to health; (iii) an accumulation or deposit which is injurious to health; (iv) an animal so kept as to be injurious to health or a source of annoyance to neighbours; (v) a house or part of a house so overcrowded as to be dangerous or injurious to the health of the residents; (vi) a factory, workshop, or work-place, not kept in a clean state or not ventilated in such a manner as to make harmless where practicable gases, vapours, dust, or other impurities generated in the course of the work carried on in the factory, workshop or work place, that are injurious to health, or so overcrowded while work is carried on as to be injurious or dangerous to the health of those employed in the factory, workshop or work place; (vii) a chimney sending out smoke or vapours in a quantity as to be objectionable to neighbours; (viii) buildings in a dangerous condition; (o) "occupier" or "occupant" includes a person in actual occupation of land or premises without regard to the title under which he or she is in occupation and in the case of premises subdivided and let to lodgers or various tenants the persons receiving the rent payable by the lodgers or tenants whether on his or her own account or on behalf of others; (p) " owner " where used in relation to property within the city (i) includes an agent receiving or entitled to receive the rentals of or having the care or management of the property belonging to an owner absent from the province but, that agent shall not incur personal liability for a breach by his or her principal of this Act in relation to the property unless after being required by the council in writing to make good a breach the agent parts with money of his or her principal without retaining an amount sufficient to enable him or her to make good the breach, including penalties for the breach; (ii) means, in the case of property held under a building lease, the lessee or his or her assignee, including in the term "assignee" a sub-tenant for the whole or substantially the whole term of the lease, not being a mortgagee, (iii) does not include a mortgagee merely because his or her mortgage vests the legal estate in him or her, but does include a mortgagee in possession; (q) "rack-rent" means rent which is not less than 2/3 of the full annual net value of the property out of which the rent arises and the full net annual value shall be taken to be the rent at which the property might reasonably be expected to be let from year to year; (r) " sewer " includes sewers and drains except those that come within the definition of the word "drain" in paragraph (i); (s) " street " means a highway, bridge, road, lane, footway, square, court, alley or passage, cove or firebreak, whether used as a thoroughfare or not. RSN1970 c40 s2; 1974 No14 s2; 1975 No66 s2; 1977 c94 s21; 1991 c35 s5 ; 2001 cM-20.2 s103 Back to Top City boundary 3. (1) For the purpose of this Act the City of St. John's shall be bounded in the manner set out in Schedule A. (2) The Lieutenant-Governor in Council may by order enlarge or decrease the area of the city and the new boundaries of the city shall be delimited in the order. (3) An order made under subsection (2) may be made with retroactive effect. (4) Upon publication of the order, the city, with effect from the date upon which the order has effect and for all the purposes of this Act and a law, rule, regulation or by-law applicable to the city, shall comprise the area within the boundaries delimited in the order, and the order shall have the effect of repealing a prior order made under subsection (2). (5) An order made under subsection (2) may provide that for the purposes of an election of the council, the order may have effect on a different date than for other purposes. RSN1970 c40 s6; 1981 c50 s1 Back to Top Corporation 4. The residents of the City of St. John's are continued as a corporation by the name of the City of St. John's . RSN1970 c40 s7 Back to Top Council 5. (1) The control and management of the affairs of the city shall be vested in a board to be known as "The St. John's Municipal Council". (2) The council shall consist of a mayor, deputy mayor and 9 councillors but the council may, subject to the approval of the Lieutenant-Governor in Council, by by-law carried by a 2/3 vote of the council, decrease the number of councillors to 7. 1981 c50 s2; 1997 c4 s1 Back to Top Youth representative 5.01 (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 s5 Back to Top Wards 5.1 (1) The council may, by by-law carried by a 2/3 majority vote of the council, divide the city into 2 or more wards, define the boundaries of those wards and fix the number of councillors to be elected for each ward. (2) Subject to section 5, 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. 2004 c47 s9 Back to Top Remuneration 6. The mayor, deputy mayor and councillors may be paid the annual remuneration that the council may determine by resolution. 1975-76 No9 s2; 1997 c4 s2 Back to Top Rep. by 2001 cM-20.2 s103 7. [Rep. by 2001 cM-20.2 s103] 2001 cM-20.2 s103 Back to Top No nomination for mayor or deputy mayor 7.1 (1) Where no person is nominated for the office of mayor, the deputy mayor and councillors may, at the first meeting of the council after an election, elect either the deputy mayor or a councillor to be mayor. (2) Where no person is nominated for the office of deputy mayor, the mayor and councillors may, at the first meeting of the council after an election, elect one councillor to be deputy mayor. (3) Where no persons are nominated for the offices of mayor and deputy mayor, the councillors may, at the first meeting of the council after an election, elect one councillor to be mayor and one councillor to be deputy mayor. 1997 c4 s4 Back to Top Rep. by 2001 cM-20.2 s103 8. [Rep. by 2001 cM-20.2 s103] 2001 cM-20.2 s103 Back to Top Eligibility re council membership 9. (1) A member of the council who during the term of office ( a ) is absent from the province for a period of 12 consecutive months; or (b) is convicted for an indictable offence. (c) [Rep. by 1996 c18 s1] shall stop being a member of the council. (2) [Rep. by 1996 c18 s1] 1985 c11 s3; 1996 c18 s1 Back to Top Conflict of interests 10. (1) A member of the council shall not hold an office or place or employment from, under, or in connection with the council, or in a department of, in, or upon a work, service or business under the control, management, or direction of the council, directly or indirectly or undertake, execute, or enjoy a contract or agreement with the council; (2) Notwithstanding subsection (1), a member of the council shall not be disqualified by reason only of being a member of a corporation which has entered into contracts with or done work for the city, but that member of the council shall not vote in respect of the contract or work, and where he or she does so vote that vote shall not be counted. RSN1970 c40 s26 Back to Top Election void 11. Where a person who is not qualified for election is elected and returned as a member of the council, that election is void, and the person is not eligible for election for a term of 2 years. (2) Where a person referred to in subsection (1) sits or votes as a member of the council, that person shall forfeit the sum of $200, for each time he or she sits or votes to be recovered by a person who may sue for the sum in the Trial Division. RSN1970 c40 s28; 1986 c43 Sch A Back to Top Seat to be vacated 12. A member of the council who acts in contravention or violation of section 11, shall stop being a member of the council, and his or her seat shall become vacant; and afterward for each time he or she sits or votes, that person shall forfeit the sum of $200, to be recovered by a person who may sue for the sum in the Trial Division. RSN1970 c40 s27; 1986 c42 Sch A item 14 Back to Top Mayor's duties 13. The duties of the mayor are (a) to execute and put in force the laws for the government of the city, and all by-laws and ordinances relating to the laws; (b) to prosecute and punish all negligence, carelessness and positive violation of duty; (c) to inspect the conduct of officers in the government of the city; (d) to communicate information to the council, and recommend to the council the measures within the power of the council, that may improve the finances, health, security, comfort, sanitary condition and appearance of the city; (e) to preside at all meetings of the council; and (f) to exercise the powers and perform the duties that may be imposed upon him or her by this Act or by the ordinances of the city. RSN1970 c40 s29 Back to Top Mayor's status 14. The mayor shall be recognized as the official head of the city for all ceremonial purposes, and by the courts for the purpose of serving civil process, and shall be by virtue of the office, a justice of the peace within the limits of the city. RSN1970 c40 s30 Back to Top Deputy mayor 15. (1) [Rep. by 1997 c4 s5] (2) In the absence of the mayor, the powers and duties of the mayor are to be exercised by the deputy mayor. 1978 c45 s1; 1997 c4 s5 Back to Top Vacancy re: mayor 15.1 Where a vacancy occurs in the office of the mayor more than 12 months before the expiration of the term of office of the council, a by-election shall be held to fill that position but if a vacancy occurs in the office of mayor fewer than 12 months before the expiration of the term of office of the council, the deputy mayor shall assume the office of mayor for the remaining term of office of the mayor and has the powers and shall exercise the duties of the mayor. 2001 cM-20.2 s103 Back to Top Vacancy re: deputy mayor 15.2 Where a vacancy occurs in the office of deputy mayor more than 12 months before the expiration of the term of office of the council, a by-election shall be held to fill that position but if a vacancy occurs in the office of deputy mayor fewer than 12 months before the expiration of the term of office of the council a deputy mayor shall be elected by the mayor and councillors at the first meeting of the council after the vacancy occurs. 2001 cM-20.2 s103 Back to Top Requirement to resign seat 15.3 (1) Where a vacancy occurs in the office of the mayor, the deputy mayor or a councillor who wishes to run for election as mayor in a by-election shall first resign as the deputy mayor or a councillor. (2) Where a vacancy occurs in the office of the deputy mayor, a councillor who wishes to run for election as the deputy mayor in a by-election shall first resign as a councillor. (3) A resignation referred to in subsection (1) or (2) shall be filed with the city clerk before the beginning of the notice period set out in subsection 14(5) of the Municipal Elections Act . 2005 c53 s1 Back to Top Absence of mayor 16. (1) In the absence of the mayor and deputy mayor the council shall elect a councillor to act as mayor. (2) The councillor elected under subsection (1) is to exercise the powers and duties of the mayor. 1978 c45 s1 Back to Top Presiding officer 17. The mayor, or in the mayor's absence, the deputy mayor, or in the absence of the mayor and deputy mayor, the councillor elected under section 16 shall preside at all meetings of the council. 1978 c45 s1 Back to Top Points of order 18. (1) The decision of the presiding officer on all points of order is final, subject to an appeal by a councillor. (2) An appeal may be made on a ruling on a point of order decided by the presiding officer, by a councillor stating that he or she appeals the decision, without the councillor making the appeal being recognized by the presiding officer. (3) The presiding officer may explain the reason for his or her decision on the point of order and following that explanation shall immediately put the question that the presiding officer's decision be upheld. (4) There is to be no debate on an appeal made under this section. 1978 c45 s1 Back to Top Equality of votes 19. Where there is an equality of votes on a motion or resolution that motion or resolution shall be considered to be defeated. 2002 c8 s1 Back to Top Contracts 20. A contract or agreement shall not be binding upon the council unless authorized by the council, made in the name of the city, and signed by the mayor or, in his or her absence, by a member of the council authorized to sign by the council. RSN1970 c40 s33 Back to Top Leave of absence 21. The council shall have power to make rules, regulations, or by-laws relating to and governing vacations, sick leave, and leave of absence from duty of employees of the council. RSN1970 c40 s34 Back to Top Internal affairs 22. (1) The council shall have power to make rules and by-laws for the regulation and conduct of its own affairs, provided the rules and by-laws are consistent with this Act. (2) A majority of the members of the council constitutes a quorum for the purpose of a meeting of the council. RSN1970 c40 s35; 2000 c6 s1 Back to Top Coat of Arms 23. (1) The Coat of Arms of the city is that Coat of Arms described as follows: "Gules a Paschal Lamb proper between in chief two Escallops Argent a Chief of the last charged with an ancient Ship sail set pennon and flag flying upon Water Barry wavy proper And for the Crest Issuant from a Mural Crown Or a Rocky Mount Sable thereon a Lion passant Or between two Roses Gules each charged with another Argent barbed seeded slipped and leaved proper, Mantled Gules, doubled Argent. On either side a male figure the dexter habited as a Mariner of the Fifteenth Century holding an Escroll Argent inscribed thereon the numerals 1497 Sable and the sinister habited as a Mariner of the late Sixteenth Century holding a like Escroll inscribed 1583". (2) The Coat of Arms referred to in subsection (1) may for all purposes be called the Coat of Arms of the City of St. John's . (3) A pictorial representation of the Coat of Arms of the City of St. John's , printed in black and white, is as follows: RSN1970 c40 s36 Back to Top Use of Coat of Arms 24. Except with express permission granted by resolution of the council, another person, other than the city, shall not assume or use the Coat of Arms of the City of St. John's or a design in imitation of it or calculated to deceive by its resemblance to it or a paper or other material upon which the Coat of Arms of the City of St. John's or a design in imitation of it or calculated to deceive by its resemblance to it is stamped, engraved, printed or otherwise marked. RSN1970 c40 s37 Back to Top Offence 25. (1) A person who contravenes or fails to comply with section 24 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 period not exceeding 3 months or to both a fine and imprisonment. (2) A conviction in accordance with subsection (1) does not operate as a bar to further prosecution for the continued contravention or failure to comply in accordance with subsection (1), and, where there is a continuing contravention or failure to comply, each day's continuance constitutes a separate offence. RSN1970 c40 s39 Back to Top Seal 26. The city shall have a corporate seal which shall consist of the Coat of Arms of the City of St. John's, circumscribed by the Latin words "SIGILLUM-MUNICIPALIS-SANCTIONIS TERRAE-NOVAE". RSN1970 c40 s40 Back to Top Seal required 27. (1) The corporate seal of the city is to be affixed to every agreement, contract, deed or document to which the city is 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 person referred to in section 20; and (b) the city manager, or in the city manager's absence, the city clerk or the person designated under section 317 to act for the city manager. 1978 c45 s2 Back to Top Flag 28. (1) The city shall have an official flag consisting of a reproduction of the Coat of Arms of the City of St. John's emblazoned in colours on a white background, the proportions of the flag and the position of the Coat of Arms of the City of St. John's on it being those approved by the council. (2) The official flag of the city referred to in subsection (1) may be flown at all official places and on all official occasions of the city. RSN1970 c40 s42 Back to Top Power to make by-laws 29. The council shall have power to make rules, regulations, and by-laws for the purpose of putting into effect the powers and performing the functions and duties vested or imposed by this Act in or on the mayor and council or an official of the city, provided always that those rules, regulations, and by-laws shall not be contrary to the laws of the province. RSN1970 c40 s43 Back to Top Notice required 30. A rule, regulation, or by-law, and an amendment or repeal of a rule, regulation or by-law, shall not be considered by the council without 1 week's notice in writing having been given at a previous meeting. RSN1970 c40 s44 Back to Top Publication 31. (1) A by-law, regulation or rule passed by the council under this Act shall be promulgated by the publication once in (a) the Gazette ; and (b) a newspaper published within the limits of the city or, where there is no newspaper published there, a newspaper selected by the council of a notice setting out concisely the object and the date of passing of the by-law, regulation or rule and containing the following statement: Take notice that a person who wishes to view the by-law, regulation or rule may view it at the office of the city clerk of The St. John's Municipal Council at City Hall and that a person who wishes to obtain a copy of it may obtain it at the office upon the payment of a reasonable charge, as established by The St. John's Municipal Council, for the copy. (2) Upon publication of the notice of a by-law, regulation or rule referred to in subsection (1) in the Gazette , the by-law, regulation or rule shall come into force and have the effect law as if specifically incorporated in this Act. RSN1970 c40 s45 Back to Top Record of by-laws 32. (1) A rule, regulation or by-law, and a repeal, alteration, or amendment of a rule, regulation or by-law, when passed and approved by the council, shall be entered in a book to be kept by the city clerk for that purpose. (2) The council shall print and publish the by-laws of the city in pamphlet form, and shall revise the pamphlet at least every 2 years. RSN1970 c40 s46 Back to Top Breach of by-laws 33. The council shall have power to prescribe fines for the breach of non-observance of rules, regulations or by-laws passed by the council under the authority of this Act. RSN1970 c40 s47 Back to Top Declaration of state of emergency 34. (1) Where in the opinion of the council or the mayor it appears desirable in the public interest to do so because of the city's being affected in whole or in part by (a) earthquake , conflagration, explosion or disaster; (b) riot , civil commotion or epidemic; (c) snowstorm or flood; or (d) a drought or shortage of water, the council or mayor may declare a state of emergency in the city or a specified part of the city. (2) Where a state of emergency is declared under subsection (1) the order declaring the emergency may order the following: (a) the closing of businesses, shops or places of entertainment; (b) the suspension of shop closing regulations; (c) the restriction or prohibition of the use of streets by vehicles; (d) a curfew for citizens; and (e) the restriction or prohibition of the use of water in the city. (3) Where an order made under subsection (1) is signed by the mayor and is promulgated by means of radio or television or in another manner that seems advisable in the circumstances of the emergency, the order becomes effective from the time stated in the order. (4) An order under this section may be limited as to time or as to a part of the city specified in the order and may be amended by the council or the mayor. 1971 No14 s2; 1971 No70 s2; 1977 c57 s1 Back to Top Procedure for offences 35. (1) Except where otherwise provided offences against this or another Act relating to the municipal affairs of the city or against rules, regulations or by-laws made by the council under this or another Act shall be triable summarily before a Provincial Court judge on the complaint of the city or of a peace officer. (2) A person may appeal a conviction under this section to the Trial Division upon (a) giving notice to the convicting Provincial Court judge within 2 days of his or her intention to appeal; and (b) entering within 4 days into securities to the satisfaction of the Provincial Court judge to prosecute the appeal without delay and to abide by the result of the appeal. RSN1970 c40 s48; 1986 c42 Sch A Back to Top Limitation of action 36. A prosecution for the recovery of penalties shall not be started after the expiration of 6 months from the date when they were incurred. RSN1970 c40 s49 Back to Top Application of fines 37. (1) Fines recovered under this Act or the by-laws made by the council, under this Act shall, unless by this Act otherwise specifically appropriated, be paid over to the city clerk for the purpose of defraying the general expenses of the city. (2) Where a fine imposed, for a violation of this Act or a by-law made under it, is for a ticketable offence the city clerk shall pay to the province an amount that the Minister of Justice may establish, for every ticket processed by the province. RSN1970 c40 s50; 1995 cP-31.1 s53 ; 2012 c10 s5 Back to Top Public meetings 38. Meetings of the council shall be held in public unless a meeting is called as a special or privileged meeting or declared by a vote of the council at a meeting to be a special or privileged meeting, in which case all members of the public present shall leave. RSN1970 c40 s51 Back to Top Weekly meetings 39. (1) There is to be a meeting of the council for the consideration of the general business of the city at least once a week, except during the months of July and August. (2) Notwithstanding subsection (1), the council may hold additional meetings for the consideration of the general business of the city. (3) 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. (4) A councillor participating in a meeting by electronic means is considered to be in attendance at the meeting. (5) Subsections (3) and (4) also apply to meetings held under section 38. 1978 c45 s3; 2014 c5 s6 Back to Top Special meetings 40. Special or privileged meetings of the council may be called at the times that the mayor may consider necessary, or on the written request of 3 members of the council. RSN1970 c40 s53 Back to Top Minutes to be public 41. (1) Ratepayers may obtain a copy of minutes of the council other than minutes of a special or privileged meeting on written application. (2) Council may, subject to a condition it may impose, grant permission to a person to view for historic or academic reasons minutes of a special or privileged meeting of council held before 1925. (3) The council or a member of council or its agents, officials or employees shall not be liable, directly or indirectly, for actions, suits, losses or damages that may result from the view referred to in subsection (1) or (2). 1975-76 No72 s1 Back to Top Notice of meetings 42. A notice of 24 hours shall be given for every regular and special meeting. RSN1970 c40 s55 Back to Top Minutes recorded 43. Minutes of the proceedings of meetings of the council shall be drawn up and entered by the secretary-treasurer in a book for that purpose and the book shall be properly indexed. RSN1970 c40 s56 Back to Top Rep by 2021 cM-20.01 s25 44. [Rep by 2021 cM-20.01 s25] 2021 cM-20.01 s25 Back to Top Right of entry 45. (1) The council shall have power to enter upon lands and into buildings for the purpose of carrying out of this Act or the by-laws of the council in relation to this Act. (2) The power to enter a private residence shall be limited to the hours between 10 a.m. and 4 p.m. RSN1970 c40 s58 Back to Top Obstructing employees 46. A person refusing admittance to land or into a building, or obstructing an employee of the council in the discharge of his or her duty, shall be liable for each offence to a fine not exceeding $20 or in default of payment to imprisonment not exceeding 1 month. RSN1970 c40 s59 Back to Top Posting notice on land 47. Where the owner of land or a building or his or her agent cannot be found in the city or where the ownership of land or a building cannot be determined after reasonable inquiry on behalf of the council, a notice required to be served on or given to the owner or his or her agent under this Act shall be considered to have been properly served or given where posted upon the land or building to which the notice relates. RSN1970 c40 s60 Back to Top Interference or destruction 48. (1) Where a person wilfully or maliciously hinders or interrupts the contractors, employees or agents of the council in the exercise of the powers and authorities under this Act or where a person wilfully or maliciously puts out of order, injures or destroys a pipe, work or material of the council, the offender on conviction in a summary manner before a provincial court judge shall forfeit a sum not exceeding $20, with costs of suit and shall pay, upon the order of the judge, all damage so occasioned by him or her and in default of payment is liable to imprisonment for a period not exceeding 3 months. (2) A person who witnesses the commission of an offence referred to in subsection (1) may apprehend without warrant the offender and to convey him or her before a provincial court judge, to be dealt with in the manner provided in subsection (1). 2004 c36 s4 Back to Top Conduct of employees 49. (1) The mayor may suspend until the next meeting of the council and without pay, an employee of the city for neglect of duty, idleness, drunkenness or insubordination but otherwise neither the mayor nor a council or committee of the council shall (a) directly or indirectly interfere in the employment or discharge of employees; (b) intervene to postpone or prevent the collection of a tax, rate, assessment, rent, licence fee or other amount due to the city; or (c) condone a breach of this Act or of by-laws, rules or regulations made under this Act, and a person contravening this subsection shall for each offence be subject to a fine of not less than $25 nor more than $100, to be recovered in a summary manner before a Provincial Court judge. (2) An employee or other person in charge of or performing work for the council shall not in the performance of his or her duties obey instructions from anyone except his or her own supervisor or given to him or her in writing by the council through the head of the department for which that employee is working or through the city clerk. RSN1970 c40 s62 Back to Top Bonding of employees 50. (1) The council may require an employee to be bonded, including an employee whose duties include the collecting, receiving or depositing of money belonging to the city, or to which the city is entitled. (2) The council shall specify what employees are to be bonded, the amounts for which they are to be bonded and the terms and conditions and sureties applicable, and different amounts, terms, conditions and sureties may be specified in regard to different employees. RSN1970 c40 s63 Back to Top City property defined 51. The lands and all buildings on the lands, the lakes and water supply of the city, the water mains, service pipe, hydrants and all other property connected with the water supply of the city, the sewers and sewer pipes, the soil and freehold of every street now open, whether acquired by original grant, or by the user, purchase, gift or bequest, or which afterward may be acquired, are vested in the City of St. John's and shall be held and occupied by the city for the public and common benefit and use of the city, according to the intent of the original grant, purchase, gift, bequest or acquisition. RSN1970 c40 s64 Back to Top Streets vested 52. Notwithstanding another Act or law, all streets and roads within the boundaries of the city as fixed and delimited by order of the Lieutenant-Governor in Council dated December 10, 1963, or that may be fixed and delimited by Order of the Lieutenant-Governor in Council are vested in the city. RSN1970 c40 s65 Back to Top Quidi Vidi Lake 53. The waters of Quidi Vidi Lake and the land covered by the waters of the lake are vested absolutely in the city of St. John's , and the St. John's Municipal council shall have power to control, regulate, restrict, or prohibit the use of the waters of the lake. RSN1970 c40 s66 Back to Top Bannerman Park 54. All that parcel of land, containing about 12 acres, shown and described in a plan deposited in the office of the Department of Environment and Lands and situated in the City of St. John's, bounded south by Military Road, 361 feet more or less and by the grounds of the Colonial Building, 190 feet more or less; east by grounds of the Colonial Building, 307 feet more or less and by Bannerman Road, 713 feet, more or less, north by Circular Road 458 feet more or less and west by the property of Calver and others, 1302 feet more or less and all the adjoining lands that may be obtained by the government or the council for that purpose, shall be vested in the Crown, and set apart, dedicated and appropriated for the sole use and purpose of a public park for the use and accommodation of the residents of St. John's, and all others resorting to the city. RSN1970 c40 s67 Back to Top Council controls park 55. The park shall be known as Bannerman Park , and shall be under the control and supervision of the council, in whose possession the park is held to be. RSN1970 c40 s68 Back to Top Swimming pool 56. The council is empowered to lease to the St. John's Lions Club the portion of Bannerman Park that is necessary for the purpose of a swimming pool and dressing rooms for use in connection with the pool, and the lease (a) shall be for a term not exceeding 25 years; (b) shall provide that all buildings and erections on the leased land shall become the absolute property of the city on the expiration of the term of the lease; (c) shall prohibit the lessee from charging a fee for admission to or the use of the swimming pool except in accordance with the rates or charges approved by the council; and (d) may contain other terms or conditions that the council considers appropriate. RSN1970 c40 s69 Back to Top Rent to Lieutenant-Governor 57. In consideration of that lot of land, the private property of the Lieutenant-Governor in Council, situated on the south side of Circular Road, and containing about 10 acres, having been added to the park lands, there shall continue to be paid to the Lieutenant-Governor in Council, on January 1 in each year, the sum of $80, as the estimated value of the land and the annual payment is a charge on the rents of the Crown lands vested in the council. RSN1970 c40 s70; 2004 c47 s9 Back to Top Victoria Park 58. That parcel of land situated in the west end of the town, upon which stood the building of the old hospital, which land was held under a grant from the Crown dated December 31, 1831, issued under the authority of the Act 6th Wm. IV., Cap. 5, to certain trustees, for the purpose of a hospital and grounds, shall continue to be applied for the purpose of a park for the public, to be called "Victoria Park", and shall be held by the council for that purpose. RSN1970 c40 s71 Back to Top Quidi Vidi Park 59. (1) All those lands situated on the north side of Quidi Vidi Lake between the Lake and the road on the north side of the lake now vested in the city and all other lands bordering Quidi Vidi Lake owned by or under the control of the council and including the lands situated on the north side of the river flowing into Quidi Vidi Lake and lying between King's Bridge Road and the waters of Quidi Vidi Lake known as Quidi Vidi Park shall be held by the city in trust for the public for the purpose of a public park. (2) The council shall have power to lay out and beautify and adorn the lands referred to in subsection (1), and, in order to raise funds, to charge admission fees, and to rent and let out portions of the lands for temporary purpose consistent with the purpose for which the lands are vested in the city under this section. (3) The council is empowered to lease to the Newfoundland Amateur Athletic Association a portion of the eastern section of the lands referred to in subsection (1) on the north side of Quidi Vidi Lake for the purpose of an athletic playing field for the period and on the terms and conditions that the council considers appropriate. (4) The council shall have power to appoint a committee to be known as the Quidi Vidi Park Committee composed of the mayor as chairperson, the city clerk, the financial supervisor and 6 other members of whom 3 shall be elected annually by the council from its own membership and 3 shall be appointed annually by the council, 1 being a nominee of the St. John's Regatta Committee. (5) The committee shall have the management and control on behalf of the city of Quidi Vidi Park in trust for the public for the purpose of a public park.

(6) The committee shall have power to make rules for the conduct of its internal affairs and shall have powers in relation to the park similar to those given to the council under section 63. (7) The council may set apart annually out of the revenues of the city a sum sufficient to cover the expenses of the reasonable and appropriate maintenance and operation of the Park and may pay the sum to the committee in the instalments and at the times that the council considers appropriate. RSN1970 c40 s72 Back to Top Parks and Recreation Commission 60. The council shall have power by by-law (a) to establish a parks and recreation commission to be known as the St. John's Parks and Recreation Commission comprised of not more than 12 members; and (b) to regulate the manner in which the St. John's Parks and Recreation Commission shall function, and to define its powers and duties. 1975-76 No9 s3; 1977 c57 s2 Back to Top Acquisition of park land 61. The council shall have power to acquire lands within or outside the city limits by gift, purchase or expropriation and to establish on the lands public parks, gardens, open spaces, playgrounds, swimming pools and recreation grounds and to equip and operate them. RSN1970 c40 s73 Back to Top Sporting events 62. (1) The council may hold, sponsor, encourage or support those local or national games, sporting events, exhibitions, fairs and recreational and artistic activities that it considers to be in the interests of the residents of the city and other persons resorting to the city, and may spend out of the general revenue of the city the money that it considers appropriate for those purposes. (2) The council may enter into agreements with (a) the Government of Canada or a province of Canada ; (b) a council of a town, community or region constituted or continued under the Municipalities Act; or (c) a person, firm or corporation governing the matters referred to in subsection (1), including, providing for financial and other assistance by or to the council for those matters. (3) The power conferred by subsection (2) on the council to enter the agreements shall be considered to include a power on the government of the province and on the municipalities referred to in subparagraph (2)(b) to enter those agreements. 1974 No14 s3; 1979 c33 Sch C Back to Top Council regulates parks 63. (1) For the purpose of this section and section 64, "parks" includes gardens, playgrounds, recreation grounds, green belts and open areas for play, recreation and enjoyment and include buildings in or upon a park and fences or approaches in relation to a park. (2) The council may make by-laws, rules and regulations with respect to the control, maintenance, preservation, management and use of parks referred to in this Act or other parks owned, leased or controlled by the council. (3) A person who violates a by-law, rule or regulation made under subsection (2) (a) may be expelled from the park by the council, by a person acting on its authority or by a member of the Royal Newfoundland Constabulary; and (b) is guilty of an offence and liable to a fine not exceeding $300 or to imprisonment for a term not exceeding 60 days or to both a fine and imprisonment; and (c) in addition to a fine or imprisonment set out in paragraph (b), is liable to pay the compensation that a Provincial Court judge may order for damage caused by that person in violating the by-law, rule or regulation. 1980 c28 s1 Back to Top Maintenance 64. It shall be lawful for the council to spend out of the city revenue the sums that may be required for the maintenance and operations of the parks. RSN1970 c40 s75 Back to Top Bowring Park 65. (1) The council shall continue to hold for the use of the residents of the city and all others living in the neighbourhood of or resorting to the city all that land situated at Waterford Bridge, formerly known as Rae Island, presented to the city by Bowring Brothers Limited, together with all additions to it. (2) The land referred to in subsection (1) shall be set apart and dedicated for the purpose of a public park, and shall be known as Bowring Park and referred to in this section as the park. (3) The council is empowered to acquire additional lands and properties and include the lands and properties as part of the park and place them under the management of the Bowring Park Committee. (4) The park shall be managed for and on behalf of the city by a committee known as the Bowring Park Committee, in this section referred to as the committee, and composed of the mayor, as chairperson, and 9 members: (a) 4 members shall be elected by the council, 1 of whom shall be a member of council; (b) 2 members, 1 of whom shall be a member or representative of Bowring Brothers Limited, and shall be nominated by the Newfoundland Board of Trade; and (c) the remaining 3 members shall be the city clerk, the city engineer and the city comptroller. (5) All the members of the committee except the city clerk, city engineer and city comptroller shall hold office for a 4 year term. (6) Where the office of a member appointed by the council becomes vacant the council shall appoint another of its members to serve for the remainder of the term of the member being replaced. (7) Where the office of a member appointed by the Board of Trade becomes vacant the board shall appoint another person to serve for the remainder of the term of the member being replaced. (8) The management and control of the park shall be vested in the committee, who shall have control over the expenditure of all money and grants paid, given or made in respect of the park, and shall have authority to engage and dismiss all members of the park staff and all employees, and to determine the remuneration to be paid to and the terms of employment of the members and employees. (9) The committee shall have power to make rules for the governance of its internal affairs, and shall have similar powers in relation to the park to those in relation to other parks given to the council by section 63. (10) Proceedings for penalties or the recovery of compensation for damage to the park may be taken by the committee in its own name. (11) It shall be the duty of the council to set apart annually out of the city revenue a sum sufficient to cover the expenses of the reasonable and proper maintenance and operation of the park in consonance with the manner in which it has been maintained and operated, and to pay the sum to the committee in the instalments and at the times that may be agreed upon between the committee and the council. (12) It shall be lawful for the committee to accept gifts from the public for the further improvement of the park and for its maintenance and operation in addition to the sum annually provided by the council. (13) The accounts of the committee shall be audited and laid before the council annually, and the committee shall provide the council with all details and explanations requested in respect of the audit. RSN1970 c40 s76; 1975 No66 s3 Back to Top Water Store 66. The building known as the Water Store, situated on King's Road, is vested in the Crown and shall be set apart, dedicated and appropriated for the use of the City, and shall be occupied under the control of the council, in whose possession it shall be held to be. RSN1970 c40 s77 Back to Top Accounts of property 67. It shall be the duty of the council to keep accurate accounts of the first cost of all city property, including buildings, lands, parks, water extensions, sewer extensions, bridges, and all other property of permanent description. RSN1970 c40 s78 Back to Top Respecting insurance 68. It shall be the duty of the council to secure adequate insurance against loss by fire or other causes on all city property, and against liability for injuries to persons, including liability under a law for workers' compensation applicable to the city, and all sums paid for premiums, damages or compensation shall be charged to the annual expense of the various city departments concerned. RSN1970 c40 s79 Back to Top Crown land 69. (1) The management and control of all land, situated within the city limits and belonging to the Crown, whether in possession, reversion or remainder, shall devolve upon and become vested in the council, who shall have power to collect rent due by tenants of Crown property by an action in the name of the city, and may grant leases of Crown property or renew existing leases of Crown property, (2) Subsection (1) shall not apply to property in the use and occupancy of the government. (3) Subsection (1) shall not apply to the property known as Fort William and contained within the area bounded on the north by Forest Road , on the east by Empire Avenue, on the south by Plymouth Road and on the west by King's Bridge Road or an area included within the city limits after June 1, 1981 . RSN1970 c40 s80; 1981 c50 s3 Back to Top Old Railway Track 70. All rights of the Crown or the Lieutenant-Governor in Council in connection with the Old Railway Track Right of Way extending from the junction of Quidi Vidi Road and Plymouth Road to the western limits of the city as now existing or afterward are vested in the council for the benefit and use of the city of St. John's . RSN1970 c40 s81 Back to Top Title to Crown land 71. (1) Titles to Crown lands within the limits of the city shall be inspected and a record made. (2) The council shall require a person claiming to hold Crown lands within the city by a Crown lease or other title not registered in the Registry of Deeds or having Crown land in possession without documents of title, to produce the documents of title or to account for them if lost or destroyed or to account for possession. (3) The person shall answer questions put to him or her and shall prove upon statutory declaration the facts required to prove the claim. (4) The city solicitor may register in the Registry of Deeds, free of charge, all documents of title, memoranda or statutory declarations that he or she considers appropriate for the purpose of proving the existence and the terms of the tenancy. (5) Where it appears to the city solicitor that a person ought to be examined as a witness in relation to the title to the Crown lands, the city solicitor may in writing summon him or her to appear at the time and place that may be appointed and to answer questions and to make a statutory declaration, (6) Where a person fails to appear and answer and make statutory declaration upon being summoned to do so, the city solicitor may apply to a judge of the Supreme Court in chambers for an order that the person appear and answer and make a statutory declaration and where the person does not obey that order he or she may be dealt with as for contempt of court. (7) A person who neglects or fails to comply with this section shall forfeit all right or title to any Crown land claimed to be held by that person under a lease or other title or by possession unless he or she, within 1 calendar month after the service of notice of forfeiture, complies with this section. (8) Service of this notice may in case of vacant possession, where it cannot otherwise be effected, be made by posting a copy of the notice upon the door of the building or other conspicuous part of the property. RSN1970 c40 s82 Back to Top Plan of Crown lands 72. The city engineer shall prepare plans on a scale of 13.33 m to 2.5 cm showing the location, boundaries and extent of all Crown lands within the city limits, together with all buildings and erections on the lands. RSN1970 c40 s83; 1973 No16 s2 Back to Top City plan 73. (1) The council shall prepare the following plans (a) a general plan of the city on a scale of 66.66 m to 2.5 cm, showing the lines of all streets which have been authorized, and all buildings within the city limits. and a copy of this plan shall be kept in the vault of the Registry of Deeds and shall be brought up to date at intervals of 6 months; (b) a general plan of the city on a scale of 66.66 m to 2.5 cm, showing the water mains, sluices, hydrants and fire alarm boxes; (c) a general plan of the city on a scale of 66.66 m to 2.5 cm, showing the sewers, manholes, catch-basins and septic tanks; (d) sectional plans of the city on a scale of 13.33 m to 2.5 cm, showing the buildings, position and depth of all water pipes, sewers and private drains, manholes, gullies, gas mains, electric light and telegraph conduits and all other underground works; (e) sectional plans of the city on a scale of 13.33 m to 2.5 cm, showing all surface drains, gullies, electric and gas lights, fire hydrants, manholes, street car lines and all other public utilities on the surface; (2) The engineer shall establish and keep a complete system of levels and permanent bench marks in and for the city, with a view to a general plan of sewage and the establishment of the levels of all streets and drains. (3) The bench marks of a permanent nature shall be placed in the position that the engineer considers most convenient. (4) The engineer shall keep a plan book, which shall contain an index of all plans, profiles and drawings in the department, and originals plan shall not be allowed out of the office. RSN1970 c40 s84; 1973 No16 s3 Back to Top Search of city property 74. A person requiring information in relation to land within the limits of the city, and contained in records in the possession of the council, shall be entitled upon application to the city clerk to have a search made for and to be provided with a copy, upon payment of the reasonable fees that may be charged by the council for copying. RSN1970 c40 s85 Back to Top New streets 75. A new street upon which houses shall be proposed to be erected, shall not be opened or made by private parties through their own ground, within the limits of the city, without the consent of the council. RSN1970 c40 s86 Back to Top Planned development 76. The council shall have power to control the development of land within the city limits, by the opening of new streets, by the widening, diverting, closing or improving of existing streets and lanes, by the laying out of building lots, and by the provision of fire breaks, parks and recreation grounds, so that the city shall be well ordered, and arrangements made to meet the future needs of the locality where they can be reasonably anticipated. RSN1970 c40 s87 Back to Top Development proposals 77. (1) Where the council has decided whether upon its own initiative or upon application from owners of 1/2 or more of the lands in question, to open up a locality and to lay out land for building purposes, notice of that decision shall be given to the owners, lessees and occupiers of the lands, and plans shall be submitted which shall show (a) the existing main roads and proposed alterations of the roads; (b) new roads which it is proposed to open; (c) the boundaries of all lands which it is proposed to deal with and the owners of the lands; (d) land to be acquired for the city; (e) the proposed division of the land into building sites; and (f) proposals as to lines of sewers and pipes, mains or conduits, for the supply of water, gas and electricity. (2) The council shall carefully consider objections or representations made to them by interested parties, provided that the objections are made in writing within 1 month of the time of serving notice of the council's intention to deal with the lands. (3) Where the objections and representations referred to in subsection (2) have been considered, and the plans have been decided upon by the council, notice of the decision shall be published in the Gazette and 2 daily newspapers published in the city. (4) One month after the publications referred to in subsection (3), the council shall have power to proceed to the carrying out of the plans, and may open the new streets, widen, improve, divert or close, existing streets, grade and make the streets and sidewalks, including curbs and gutters, side-drains, catch-pits, and storm sewers, and may lay mains and sanitary sewers. (5) This section shall not apply to land owned or occupied by orphanages, schools, hospitals or other similar institutions but where the owners of those lands apply to have the land or a portion of the land laid out for building purposes, then this section shall apply. RSN1970 c40 s88 Back to Top Improvement cost assessed 78. The cost of the improvement shall be assessed upon the lands directly benefited by the improvement, according to the frontage on the streets so opened or improved or adjoining. RSN1970 c40 s89 Back to Top Appeal from assessment 79. Where a person objects to an assessment, that person shall have the same right of appeal to the court of revision and to the Trial Division as in the case of the general appraisement for city taxes. RSN1970 c40 s90; 1986 c42 Sch A Back to Top Water and sewage pipes 80. (1) The council shall have power to lay water mains and sewage pipes through existing streets of the city, and shall assess against all building sites on the streets or adjacent to the streets, which may be benefited, the proportion of the cost of the water and sewage installations as the frontage of the building sites bear to the total length of the frontages on the streets. (2) Where the council considers it necessary or desirable to lay water or sewer mains through private lands instead of in a street, the council shall have power to enter on private lands and lay and construct water and sewer mains, and to assess against the owner of each building site, to which the water or sewer mains are available for servicing by pipe connections a building site, the proportion of the total cost of the laying and construction of the mains, including costs and expenses in connection with the acquisition of necessary easements that the street frontage of the building site bears to the total length of street frontages of all building sites to which the mains are available. RSN1970 c40 s91 Back to Top Street alteration 81. The council shall have power to alter, widen, or improve an existing street in the city, and shall assess against a building site on the street 1/2 the proportion of the cost of the alteration that the frontage of the building site bears to the length of the street frontage so altered, widened or improved. RSN1970 c40 s92 Back to Top Street lighting 82. (1) The council is empowered to provide, place or install in an area or on a street of the city special or ornamental or otherwise superior lighting fixtures and standards. (2) The council may assess and impose the excess cost of the lighting fixtures and standards, or the part of the excess cost that the council may decide, upon the properties situated in the area or upon the street and the owners, in proportion to the annual rental values of the properties as assessed for taxation purposes, and may collect it in the same manner as other taxation. (3) Excess cost for the purpose of this section means the cost of the special fixtures and standards and their installation in excess of the average cost at the time of installation of fixtures and standards of the class and kind then in general use in the city and their installation. RSN1970 c40 s93 Back to Top Expropriation 83. (1) Where it is necessary for the purpose of the alteration, to expropriate the adjoining land, the value of that land shall be arrived at by arbitration in the manner provided by this Act, and shall be included in the cost of the alteration assessed against the building sites on the street. (2) Where buildings are expropriated for the purpose of removal, the cost of the removal shall be borne by the city, unless it can be clearly demonstrated that the removal was essential for the improvement of the street. RSN1970 c40 s94 Back to Top Street lines 84. The council shall have power to control the laying out of building lots on a street so that they conform to the street line, and, where necessary, to adjust the boundaries of the lots between the respective owners. RSN1970 c40 s95 Back to Top Payment of assessments 85. (1) The sums assessed under sections 78, 80, 81, 142, 145 and 174, and sums similarly assessed against the owners of properties abutting on or adjacent to a street in respect of the cost of improvements effected in, on or about that street under the authority of the council, shall be due to the city at the time of assessment but the council, upon the written request of the owner, may permit payment by instalments and over a period that the council may determine. (2) Where the actual cost of the improvements because of difficult or extraordinary conditions attaching to the work is in excess of the usual cost of improvements, the council may prescribe and make charges or assessments based on average cost rates, per running foot or per square foot, for different classes or types of works or improvements and the city engineer shall certify that in his or her opinion the rates so fixed do not exceed the actual cost rates of the works. RSN1970 c40 s96 Back to Top Interest on arrears 85.1 The council may charge simple or compound interest on assessments imposed under this Act 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 s33 ; 2009 c40 s3 Back to Top Power to borrow 86. The money necessary to defray the cost of improvements may be borrowed by the council from a bank or by the issue of notes or debentures and shall not be considered as part of the funded debt of the city. RSN1970 c40 s97 Back to Top Water and sewer extensions 87. Where it is necessary to extend water mains and sewers and to improve streets in a section which has been added to the city by this Act or a succeeding Act, the cost of the water mains, sewers and street improvements shall be borne by the new section. RSN1970 c40 s98 Back to Top Rep. by 1993 c34 s1 88. [Rep. by 1993 c34 s1] 1993 c34 s1 Back to Top New streets recorded 89. New streets authorized and opened shall be recorded upon the official plan of the city. RSN1970 c40 s100 Back to Top Powers of council 90. (1) The council shall have power to acquire lands by purchase or gift, and to hold the lands for the uses of the city, to make, provide and lay out on the lands, streets, sidewalks, firebreaks, parks and playgrounds, to lay water and sewage pipes through the lands, and to sell, lease or build upon the lands. (2) The council shall have power (a) to apply to the building of houses of moderate size and suitable for dwellings for the working classes the proportion of the general funds of the city that may be considered expedient; (b) to borrow money for the purpose of that building, to the amount that the Minister of Municipal and Provincial Affairs may authorize; (c) to let or sell the houses so built; (d) in the manner provided in Schedule B, to lend money to or guarantee the securities of building societies established to provide additional housing accommodation of the class contemplated by this section, and to reduce the rate of taxation upon houses built by and while the houses remain the property of the building societies; and (e) to make rules, regulations and by-laws providing for the granting to the owner or builder of a dwelling house erected afterward within the city limits not exceeding $1,500 in value of a bonus not exceeding 10% of the cost of the house, the total of those bonuses shall not exceed the sum of $5,000 in any 1 year, nor the sum of $25,000 in all. RSN1970 c40 s101; 2002 c8 s2 Back to Top Further powers 91. The council is empowered, (a) at the cost and expense of the city, to acquire land within or outside the city limits and to assign, convey, or lease the land at a nominal consideration or rent or upon the terms that the council may consider appropriate, to the Government of Canada or the government of the province or a federal or provincial housing corporation or organization for the purpose of a housing project for war veterans or for a housing project which the council considers desirable; (b) as principal or, where so authorized, as agent of the province, to enter into an agreement with the Government of Canada, the government of the province and a federal or provincial housing corporation or organization, relating to a land assembly or housing project for the provision of dwelling houses within or outside the limits of the city which the council considers desirable and whether carried on under the National Housing Act (Canada) or the Housing Act or otherwise and to provide all or part of the money required to finance the land assembly or housing project and for that purpose to raise or borrow money in the manner that the council may consider appropriate, and for the purpose of the agreement or land assembly or land development or housing project to acquire lands or properties within or outside the city by purchase or expropriation and to convey, assign, transfer or lease all or a part of the lands or properties for the purpose of the land assembly or land development or housing project, (c) at the cost of the city and upon the terms and to the extent that the council considers appropriate, to perform work in connection with the preparation of the land for the housing project and to provide water and sewer mains and services for the housing project, and to construct streets, sidewalks, curbs and gutters fronting the land; (d) to waive, remit or reduce taxes or assessments on the lands or the lots into which they are divided or the dwellings erected on the land or the tenants of the land or to set a fixed annual payment of, instead of taxes and assessments in the amount and for the period that the council may in its discretion determine and to provide on any basis to the dwellings and to the tenants of the facilities, privileges and services of the city that are now or shall be provided afterward or made available by the city to other properties or property owners in the city; and (e) to issue without charge building, plumbing or electrical permits required to be obtained from the city council or a department of the city council in respect of the erection of dwellings on lands and to waive in respect of the construction of the houses a part of the building regulations of the city to the extent and for the period that the council may consider appropriate. RSN1970 c40 s102 Back to Top Council as owner 92. The council is empowered to sell, exchange, lease or rent upon the terms that it may decide any land owned or acquired by the city, or an interest in that land, which in the opinion of the council is not required for public work or service of the city. RSN1970 c40 s103 Back to Top Disposition of city land 93. The council may, by resolution, grant, sell, exchange, rent, assign or lease any lands and buildings owned by the city and acquired by it by gift, expropriation or otherwise, upon the terms and for the consideration that it may decide. 1978 c45 s4 Back to Top Rep. by 1993 c34 s2 94. [Rep. by 1993 c34 s2] 1993 c34 s2 Back to Top Planning by-law 95. The council shall have power (a) to make rules and regulations prescribing the class of building which may be erected upon a street within the limits of the city; (b) to make rules and regulations limiting the number of houses which may be built per acre in a portion of the city; (c) to prescribe the distance from the curb line at which buildings shall be erected, provided that a building shall not be erected at a lesser distance than 7.6 metres from the centre of a street; (d) to regulate and adjust the levels of all streets of the city and the width and levels of all sidewalks; (e) to make rules and regulations to direct and control the opening of streets and erection of buildings within 1.6 kilometres of the city limits and to prohibit the opening or erection when made in contravention of the rules or regulations; (f) to make special rules, regulations and by-laws governing the erection of buildings on the Southside between Job’s Bridge and Fort Amherst, in that district lying between Temperance Street and Chain Rock, and in other districts to which the general building and sanitary regulations are especially difficult of application, or to which the water and sewage systems have not been extended; and (g) to enter into an agreement with the government of the province for (i) the assumption by the council of the control of that portion of the Crown lands at the eastern end of the Harbour, between Temperance Street and the Battery , and (ii) the use as a street of the Old Railway Track. RSN1970 c40 s106; 2012 c26 s1 Back to Top Purchase of land for stated purposes 96. (1) Where the council determines by resolution that land, either with or without buildings on it, or an interest in lands, situated in or near the city, is, or may be required by the city for a public work or service of the city or for the purpose of a land assembly, land development, housing or building project or a parking area or lot approved by the council or for the purpose of the erection by the council, or by the government or another public body or corporation under arrangement with the council, of dwelling houses under a housing scheme which the council considers necessary or desirable, the council may contract for the purchase of the land or interest in the land with the owner. (2) Where a contract referred to in subsection (1) cannot be made, or where it is advisable to do so, the council may by resolution determine to expropriate the land or interest in the land, and the value of the land or interest shall be determined by arbitration as provided in this Act. (3) The council or a corporation or person authorized by it shall have power to enter upon Crown lands, except Crown lands in the use and occupancy of the government, or the lands of private persons in or near the city for the purpose of laying water or sewer pipes or of necessary rights of way across, over or under the lands, or of constructing, altering, repairing, maintaining or inspecting waterworks, sewage systems, streets, buildings or works that have been or are or may be undertaken by the council or that are or may become the property of the city or subject to the control of the council. (4) All natural streams and watercourses flowing through the city within the city limits shall be under the control and at the disposal of the council in the manner and for the purpose that the council may determine. (5) The council shall have the power to alter or divert a natural watercourse within the limits of the city after having given 3 months' written notice to the owners, lessees, or occupiers of land bordering on the watercourse, of their intention of making the alteration for the improvement of the watercourse, or of the sewage of the town, and may remove impure or offensive soil, lay pipes, construct drains, grade surrounding land, change the direction of, or fill up the watercourse, as may be considered by the council necessary or expedient. (6) The council shall have power to enter upon the lands, and to dig and excavate upon the lands, and to go under all buildings that may be erected on the lands and may require the owner or occupier of all buildings and erections upon the lands to make alterations in the walls, cellars, and other portions of the buildings and erections, that may be necessary for the purpose of this Act. (7) Subsections (4) to (6) shall not be held to take away or to authorize the interference with private rights to or in respect of a stream or watercourse. (8) Where the council has determined to expropriate land, or for the purpose of ascertaining the damage that has been or may be occasioned to a person whose interest may be affected by the taking of lands or tenements, or of a watercourse or by the diversion of a watercourse, or by the removal or alteration of houses, or by the taking of a right-of-way over, under or through land, or by digging or excavating upon land, or damage that may be occasioned to a person because of this Act, for which the city shall be liable, the claim arising shall be submitted to arbitration. (9) In estimating the damage to property by the altering or widening of a street the arbitrators shall take into account an additional value or advantage which may accrue to the several proprietors and occupants from the convenience and security given by the widening or altering of the street, and where the arbitrators are of opinion that any proprietors of land so required for the streets may be indemnified at less expense by having an equal portion assigned to them from adjoining land, the arbitrators shall mark off and in similar manner appraise so much of the adjoining land that they may think sufficient to replace the land required for the street, and the land so marked off shall belong to the first-mentioned proprietor and be instead of all indemnity, and the appraised value of the land shall be paid, and shall be in satisfaction of the indemnity, and of all right and title to the land. (10) Where the land to be so given is not considered an equivalent for the land appropriated to the street, the proprietor shall be paid the sum that may, with the land, be an equivalent for the land appropriated. (11) Where, by the making, altering, or widening of a street, a portion of the street has been or may be exchanged for other land, the council may grant the portion of the street to the party to whom the land has been, or may be assigned, at a valuation to be ascertained by arbitration. (12) Where, by the alteration of a street, under a law, a portion of land, not embraced within the new line of the street, is adjoining to, or extending along the frontage of another proprietor that portion of land shall be set off to, and shall be taken by the adjoining proprietor to the extent of his or her frontage, at a valuation to be ascertained by the arbitration. (13) Where, by the alteration of a street, building sites have been eliminated or have been reduced in depth or in width, so that the value is depreciated, the council may expropriate any lands adjoining where they are available, and may award them to the owners of the building sites, and the value of the land so expropriated shall be ascertained by arbitration. RSN1970 c40 s107 Back to Top Traffic commission 97. The council is empowered to appoint annually a commission to be known as the St. John's Traffic Commission consisting of 7 persons and to delegate to that commission the powers delegated to the council by the Minister of Works, Services and Transportation under section 189 of the Highway Traffic Act. RSN1970 c40 s109 Back to Top Development areas 98. (1) The council is empowered to declare and designate, as an urban development, redevelopment or renewal area, in this section called a "development area", an area in the city which in the opinion of the council requires planning, designing, development, redevelopment, building, rebuilding or renewal in this section called "development" in the interests of the city or a part of the city. (2) In respect of an area designated by the council as a development area, the council shall have and may exercise the following powers: (a) to acquire ownership of lands with or without buildings, in the area by purchase or by expropriation that the council may decide; (b) to remove or demolish buildings or structures in the area that the council may consider necessary; (c) to close to public or private use streets, lanes or public places in the area; (d) to enter into agreement with a corporation, group or person and upon the terms and conditions that the council may consider appropriate for the development of the area or a part of the area for industrial, commercial, office, hotel, apartment or housing purposes or for the provision of public or private parking lots or for any use or purpose which the council considers desirable and to lease to a corporation, group or person all or a part of the area for the period of years and at the rental and upon the terms and conditions that the council may determine; (e) to incorporate in a lease or agreement covenants by the lessee for the planning and designing and lay out of the area or part of the area covered by the lease in the manner that shall be approved by the council and for the provision and construction and surfacing by the lessee of all streets considered necessary by the council and the transfer of title to the streets to the city upon completion; (f) to sell or lease all or a part of an area to a corporation, group or person for the development of the area or a part of the area for a purpose which the council considers desirable and upon the terms that the council considers appropriate; (g) to undertake as a project of the council the development of the area or a part of the area for a purpose which the council considers desirable; (h) to exempt a development undertaken under this section or any lands or buildings comprised in a development area or a part of the area or a corporation, group or person undertaking a development under this section from the application of all or any of the laws, by-laws, rules or regulations applicable to developments or subdivisions or buildings under this Act or enacted by the council under this Act; and (i) to borrow money on the credit of the city in a manner considered desirable by the council for the purpose of carrying into effect all or any of the powers vested in the council under this section, provided that the total indebtedness of the council on account of borrowings under this section shall not exceed $2,000,000 at a time. (3) Where so provided in a lease of a development area or part of a development area granted by the council under this section, the lease shall not be or be considered to be a building lease under this Act, and upon the termination of the lease, all buildings and erections on the leased land shall vest in the city free from claims by the lessee and from a right to renewal or to acquire the freehold of the land or for compensation for improvements. (4) The lessee under a lease of a development area or part of a development area or the assignee of the lessee shall, for the purpose of liability for a tax imposed on land or building or upon the owner in respect of land or buildings under this Act, be considered to be the owner of the land leased and all buildings on the land. (5) The council may borrow by way of loan by the issue and sale of bonds of the city a sum not exceeding $2,000,000 at the interest rate and upon the terms and conditions that the council may consider appropriate. (6) The bonds shall be repayable within 40 years from the date of issue referred to in subsection (5) and shall rank as obligations of the city, equally, without preference, with all existing bonds or debentures of the city, and the bonds may be issued and sold in the numbers and amounts and at the times that the council may decide. (7) The bonds shall be signed by the mayor and the city manager on behalf of the city and the signature of the mayor on the bonds may be lithographed or otherwise mechanically reproduced and the interest coupons attached to the bonds shall be signed by the city manager whose signature may be lithographed or otherwise mechanically reproduced. (8) The council shall have and may exercise all the powers that shall be necessary or proper for conducting business connected with (a) the raising of the loan; (b) the issue of securities for the loan; (c) the management of the securities and the payment of interest on them; and (d) the making of appropriate provision for the repayment of the loan. RSN1970 c40 s110; 1978 c45 s5; 2012 c26 s2 Back to Top Business improvement areas 99. (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 that under this section; and (c) "by-laws" means by-laws made by the council under this section. (2) The council may, by by-law, declare and designate business improvement areas within the city. (3) The council shall, before designating a business improvement area, give notice of the intended by-laws to all persons, groups, businesses, organizations and companies carrying on a business, trade or profession within the proposed business improvement area. (4) The council shall not designate a business improvement area where, within 30 days of giving notice, 1/3 of those entitled to notice under subsection (3) give written notice to the city clerk of the 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) assist in carrying out the improvement, enhancement, beautification and maintenance of municipal or public lands in the 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 at all times all books, documents, transactions, minutes and accounts of the board; and (e) do all 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 a business improvement area levy in accordance with sections 4.1 and 4.2 of the City of St. John's Municipal Taxation Act ; (b) [Rep. by 2016 c52 s1] (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 city comptroller on requisition by a board for its annual operating budget, and (v) be spent only for the purpose 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 levy imposed and collected under subsection (9) is subject to the City of St. John's Municipal Taxation Act . (12) The council may make by-laws (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 imposition of an annual levy; (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 in this section shall preclude the city from the 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 by-law 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 more than 1 year. 1988 c47 s2; 2006 cC-17.1 s48 ; 2012 c26 s3 ; 2016 c52 s1 Back to Top Economic development 99.1 (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 s34 Back to Top Unhealthy areas 100. (1) Where it appears to the council that within a certain area (a) houses , courts or alleys are unfit for human habitation; or (b) the narrowness, closeness, and bad arrangement, or bad condition of the streets and houses or groups of houses, or the lack of light, air, ventilation or proper conveniences, or other sanitary defects, are dangerous or injurious to the health of the inhabitants either of the buildings in the area, or of the neighbouring buildings; the council may upon, the passing of a resolution to the effect that the area is an unhealthy area, expropriate the lands and buildings comprised in the area and prepare a scheme for the improvement of the area. (2) After 1 month's notice to the owners of the lands and buildings in the unhealthy area, the value of the lands and buildings shall be ascertained by arbitration, as provided in section 96. (3) Where the compensation in respect of lands or interest in lands has to be assessed, the estimate of the value of the lands or interests shall be based upon the fair market value, an estimate at the time of the valuation being made of the lands, and of the interests in the lands, regard being had to the nature and the condition of the property and the probable duration of the buildings in their existing state, and to the state of the repair of the buildings, without an additional allowance in respect of the compulsory purchase of the area. (4) Where the compensation payable in respect of a house or premises has to be assessed and (a) the house or premises are in a condition that is a nuisance, within the meaning of this Act, or are in a state of defective sanitation, or are not in reasonably good repair;

or (b) the house or premises are unfit, and not reasonably capable of being made fit for human habitation, then the compensation to be paid shall be, in the case referred to in paragraph (a), the amount estimated to be the value of the house or premises as if the nuisance had been abated, or as if they had been put into a sanitary condition or into reasonably good repair, after deducting the estimated expenses of abating the nuisance or putting them into the condition or repair, and shall, in the case referred to in paragraph (b) be the value of the land and of the materials of the buildings on the land, less the cost of the demolition and removal of the buildings. RSN1970 c40 s111 Back to Top Expropriation 101. Where under this Act or another Act the council is empowered to expropriate land with or without buildings or an interest, right, or easement in or over land or buildings, sections 6 to 53 inclusive of the Expropriation Act, shall apply to the expropriation by the council and the compensation payable in respect of the expropriation, the word "council" being substituted for the word "minister" where the latter word appears in the Expropriation Act and all other necessary changes in wording being made that are necessary to adapt the sections to the purpose of this section. RSN1970 c40 s112 Back to Top Water supply 102. It shall be the duty of the council to convey a sufficient supply of wholesome water to the city from Windsor Lake and other lakes that may be necessary, and to distribute the water through the streets of the city and to erect in places that the council may determine fountains for the supply of water, and to establish hydrants throughout the city that the council thinks necessary. RSN1970 c40 s116 Back to Top Fluoridation of water supply 103. (1) The council may fluoridate the water to be supplied to the city. (2) Before the council may fluoridate the water supply of the city under subsection (1) it shall hold a plebiscite in the city for the purpose of determining the views of the persons entitled to vote under section 14 of the St. John's Municipal Elections Act on whether the water supply should be fluoridated or not and shall set the date for the holding of the plebiscite. (3) Where the result of a plebiscite is against the fluoridation of the water supply of the city, the city shall not fluoridate the water supply unless a later plebiscite is in favour of fluoridation, but a plebiscite shall not be held within 3 years of a previous plebiscite. (4) Where the result of a plebiscite is in favour of the fluoridation of the water supply of the city, the council is not bound to fluoridate the water supply. (5) A plebiscite held under this section shall be conducted as nearly as possible as is an election of the mayor and councillors of the city under this Act. (6) In a plebiscite held under this section only those persons may vote who would be qualified to vote in an election of the mayor and councillors of the city under the provisions of section 13 of the St. John's Municipal Elections Act. RSN1970 c40 s117; 1979 c51 s8 Back to Top Control of water bodies 104. (1) The council shall have possession and control of Windsor Lake, Round Pond, Newfound Pond, George's Pond, Petty Harbour Long Pond, Handy Pond and all lakes and ponds within the catchment area of the Broad Cove River above an elevation of 91.44 metres over mean sea level at the Harbour of St. John's and of the Crown lands within the watershed of those lakes and ponds. (2) The council is empowered to construct a dam on the Broad Cove River and to impound and store the waters of that river and of the lakes and ponds within the catchment area of that river for the purpose of supplying water to the city or to an area outside the city. (3) Notwithstanding subsection (1), this section shall not apply to Crown lands within the watershed of George's Pond other than the Crown lands with buildings on the land used by the council in connection with the supply of water to the city from George's Pond and any rights of way to those lands and buildings. (4) A person shall not erect a building on land within the catchment area of the Broad Cove River above an elevation of 131.92 metres above mean sea level at the Harbour of St. John's but the council may permit the erection on the land of (a) a building which is an accessory building to an existing private family dwelling, and for the purpose of this paragraph "accessory building" means a detached building appurtenant to that dwelling and located on the same lot and providing better and more convenient enjoyment of that dwelling; (b) an extension to an existing private family dwelling where an extension is necessary to provide adequate living quarters for members of the household living in the dwelling, provided that the extensions shall not exceed in cubic content 1/2 the cubic content of the existing private family dwelling; (c) a building to replace an existing building destroyed by fire or an existing building dilapidated 50% or more; and (d) a building, or extension to an existing building, subject to the written recommendation of the city manager that a permit be issued for the building or extension. RSN1970 c40 s118; 1975 No66 s5; 1978 c45 s6 Back to Top Expropriation against pollution 105. The council shall have power, where necessary, for preventing the pollution of the waters of the lakes and ponds, to expropriate private property to the extent from the margin of the lakes and ponds that may be considered necessary; the compensation to be paid to the proprietors of the land shall be determined by arbitration. RSN1970 c40 s119 Back to Top Water resources 105.1 Where the council is empowered to make rules, regulations or by-laws respecting watershed protection and water management under this Act, the minimum levels or standards set out in the Water Resources Act and the regulations made under that Act shall apply. 2002 cW-4.01 s98 Back to Top Prohibition in supply area 106. (1) A person shall not (a) place or permit to escape upon land forming part of the watershed of Windsor Lake, Round Pond, Newfound Pond, George's Pond, or another lake or pond from which the water supply of the city is derived, or in or into any of those lakes or ponds, a matter or thing of an offensive or deleterious nature, or calculated to impair the quality of the water for use for domestic purposes; (b) drive or permit to wander a horse or cattle across the ice on lakes or ponds, and a person except an authorized officer of the council shall not row or sail a boat upon the waters of those lakes or ponds; or (c) cut or remove trees, or shrubs, or other wood upon or from the lands of the council bordering those lakes or ponds, unless that person is an authorized officer of the council or the holder of a written permit from the council for the cutting or removal and a holder of the permit shall not do so otherwise than in accordance with the directions of an officer of the council named in the permit. (2) A person shall not erect a building on land within the watershed of the following lakes or ponds from which the water supply of the city is obtained, Windsor Lake , Round Pond, Newfound Pond or George's Pond but the council may permit the erection on that land of (a) a building which is an accessory building to an existing private family dwelling and for the purpose of this paragraph "accessary building" means a detached building appurtenant to a dwelling and located on the same lot and providing better and more convenient enjoyment of the dwellings; (b) an extension to an existing private family dwelling where an extension is necessary to provide adequate living quarters for members of the household living in that dwelling but the extension or the total of all extensions shall not exceed in cubic content 1/2 the cubic content of the existing private family dwelling and the sanitary facilities for use in connection with the extension shall be approved by the city engineer; (c) a building to replace an existing building destroyed by fire or an existing building dilapidated 50% or more; and (d) a building, or extension to an existing building, subject to the written recommendation of the city manager that a permit be issued for that building or extension. (3) A person who contravenes this section shall for the 1st offence be subject to a fine of not less than $25 and not more than $200, and, in default of payment, to imprisonment for a period of not less than 30 days nor more than 6 months, and for a 2nd or subsequent offence to imprisonment for a period of not less than 30 days nor more than 6 months. RSN1970 c40 s120; 1975 No66 s6; 1978 c45 s7 Back to Top Application of regulations 107. All building, electrical and plumbing regulations of the city shall apply to extensions and accessory buildings that may be permitted by the council under section 104 or 106. 1973 No16 s4 Back to Top Exemption of regulation 108. Subsection 104(4), subsection 106(2) and section 107 shall not apply to buildings or mains or utility plant erected or constructed by the council. 1973 No16 s4 Back to Top Power to excavate 109. (1) For the purpose of laying pipes and mains through the streets, or a branch or service pipes, or a future extension of the water supply, or for the purpose of effecting an examination, alteration, repair, or otherwise carrying out or maintaining the water supply and works, the council may dig, break and trench the streets and squares, public places and lands, in and near the city that may be necessary, observing all proper precautions for the safety and convenience of the public. (2) The council may enter upon, excavate, trench, possess and hold as the property of the council, the lands of private parties in or near the city after 3 days' notice in writing to the owner signed by the mayor or city clerk of the council. RSN1970 c40 s121 Back to Top Power to tunnel 110. (1) The council or the Newfoundland and Labrador Housing Corporation with the assent of the council shall have power to construct, repair and maintain a tunnel under, across or through the lands extending from Temperance Street to Quidi Vidi Lake in the city, not necessarily following a straight line but following the direction that may be considered expedient, and may lay, repair and maintain water and sewer pipes and mains, and for that purpose shall have power to enter upon, dig, break, excavate and trench the lands and shall upon entry acquire an easement for the tunnels, water and sewer pipes and mains under, across or through the lands. (2) Where the tunnel, water and sewer pipes and mains can be constructed and laid without entering upon the surface of lands, it shall not be necessary for the council or the corporation to give a notice of its intention to enter upon the lands and compensation shall not be payable to the owners except for the actual damage caused to the surface of the land or to buildings on the land. RSN1970 c40 s122 Back to Top Repairing pipes 111. It shall be lawful for the council, at its cost, with or without the consent of the owner or occupier of a building to introduce branch or service pipes into a building, and also without consent to effect repairs or renewals of existing branch or service pipes, and to collect from the owner the cost of the repairs or renewals. RSN1970 c40 s123 Back to Top Water receptacle 112. Every cistern or other receptacle of water, and every closet, soil-pan, and bath, which is supplied with water by the council, shall be constructed and used so as effectually to prevent the waste, misuse, or undue consumption of water, and the flow or return of foul air, or other noisome or impure matter, into the mains or pipes of the council, or into any pipes connected or communicating with them, and the council shall not be bound to supply water into a cistern, or other receptacle for water, closet, soil-pan, or bath which is not so constructed. RSN1970 c40 s124 Back to Top Offence to use water 113. A person who obtains or uses the water of the council without consent of its proper officers, or wrongfully wastes water is liable upon summary conviction to a sum not exceeding $20. RSN1970 c40 s125 Back to Top Misuse of water 114. Where a person, supplied with water by the council, wrongfully does, or permits to be done, anything in contravention of this Act or the regulations, or fails to do anything which under this Act or the regulations ought to be done for the prevention of waste, undue consumption, or contamination of the water, the council may, without prejudice to another remedy against that person, cut off any of the pipes through which water is supplied to him or her or for his or her use, and may stop supplying that person with water so long as the cause of injury remains or is not remedied. RSN1970 c40 s126 Back to Top Regulations 114.1 The council may make regulations restricting or prohibiting the use of water in the city for conservation purposes. 2005 c26 s3 Back to Top Placing of pipes 115. New water pipes or fixtures, and extensions, alterations or additions to old pipes or fixtures, shall be placed and kept as far as possible from external walls, and so placed as not to be exposed to or liable to be affected by the action of frost, or other injury, and so placed that waste of water is not liable to occur without being detected. RSN1970 c40 s127 Back to Top Service pipes 116. (1) The owner of a building situated on a portion of the street through which a main water pipe is laid shall be entitled to a supply of water for domestic purposes, and no more, and, on application to the city engineer, to have a service pipe 1.905 centimetres in diameter connecting the building to the water main, the cost of the pipe shall be at the expense of the owner and the owner shall pay for the pipe and installation and all connections and the costs that the council may determine. (2) Subsection (1) applies where the building is connected with a sewer and has a proper and sufficient water-closet. (3) The cost of repairs to or renewal of the service pipe shall be borne by the owner of the building. 1975 No66 s7 Back to Top Extra pipes 117. The owner of a building referred to in section 116 may obtain more than 1 service pipe or a service pipe more than 1.905 centimetres in diameter, for an extra supply of water for domestic purposes, upon payment of the cost of installation, and at an annual rental to be determined by the council. RSN1970 c40 s129; 1973 No16 s6 Back to Top Laying pipes 118. The city shall not be required to lay a service at a season of the year which in the opinion of the city engineer is not suitable for the performance of the work. RSN1970 c40 s130 Back to Top Water hydrants 119. (1) The council shall have power to extend the water main to and to erect hydrants on a waterside premises where it is considered necessary for fire protection. (2) The cost of the water main and hydrants beyond the street line shall be borne by the owner of the premises. RSN1970 c40 s131 Back to Top Inspection of pipes 120. It shall be the duty of the city engineer, between the months of May and October of each year, for the detection and prevention of waste to examine all water mains and service pipes of the city during the hours from 12:00 a.m. to 5:00 a.m. , (a) by isolating districts of the distribution system and measuring the flow into the isolated districts; (b) by inspecting each service cock and testing each one for waste by sound, or by turning the water off and on by the service cock; and (c) by other methods that the council considers advisable. RSN1970 c40 s132 Back to Top Detection of waste 121. It shall be the duty of the city engineer to inspect the plumbing fixtures of houses where waste of water was detected during the examination referred to in section 120, and to order the repair of service pipes, or the plumbing fixtures where they are found to be faulty. RSN1970 c40 s133 Back to Top Water meters 122. (1) The council shall have power to supply 1 or more water meters, at a monthly rental to be fixed and imposed by the council, and to attach the meters to a main or service pipe through which water is supplied to any premises or part of premises where a business is conducted and to make against the owner or occupier of the premises or part of premises a specific monthly charge, in accordance with a scale of charges fixed and imposed by the council and based on quantities of water used, for all water used in the premises or part of the premises as measured by the meters. (2) The water tax imposed under section 241 shall not apply to the owner or occupier of any premises or part of premises who is charged under this section for water used in the premises or part the premises. RSN1970 c40 s134 Back to Top Non-working meter 123. (1) Where a meter, in the opinion of the city engineer is out of order or where it is temporarily removed for repair or on account of frost or for other similar cause, the council shall determine the probable amount of water consumed and fix an adequate charge for it. (2) Where a person interferes with a meter or uses a means or device to prevent proper registration by a meter that person shall be liable upon summary conviction to a fine not exceeding $50 or to imprisonment not exceeding 2 months. RSN1970 c40 s135 Back to Top Water rates 124. Water rates in respect of water supplied through a meter shall be payable monthly and accounts shall be rendered accordingly. RSN1970 c40 s136 Back to Top Recovery of rates 125. After the expiration of 1 month, where the rates remain unpaid, the city manager shall turn off the supply of water from the premises in respect to which the water rates are payable until the rates are paid, and the council shall have the same remedies for recovering the rates as are provided for recovering the general city taxes. RSN1970 c40 s137; 1978 c45 s8 Back to Top Used hydrants 126. A person who, unless that person is authorized to do so by the council, draws water from, opens, closes, breaks, or interferes with a fire hydrant, water main or water pipe or meter shall be liable to a fine not exceeding $100 or to imprisonment not exceeding 30 days. RSN1970 c40 s138 Back to Top Action where arrears 127. (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. 2006 c7 s3 Back to Top Street plan 128. The plan to the Act 56 Vic., (Special Session) Cap. 1, as amended by the Act 56 Vic., (Session 2) Cap. 14, and the Act 1 Ed. VII , Cap. 17, shall be preserved as a record of the lines and boundaries, the streets, firebreaks, coves and roads, and shall on all questions concerning the lines and boundaries, be conclusive evidence of the lines and boundaries, and form part of this Act as if incorporated here. RSN1970 c40 s140 Back to Top Marking of streets 129. For the purpose of marking out and making plainly known the boundary lines of the streets, firebreaks, cross-streets, coves and roads, the council shall put down marks of stone or iron in the places that it considers necessary and the lines of the streets, cross-streets, firebreaks, coves and roads so marked and described shall be the lines and boundaries of them. RSN1970 c40 s141 Back to Top Removal of landmarks 130. A person shall not remove landmarks referred to in section 129 without written authority for doing so being obtained from the council; and a person who unlawfully removes, displaces, alters, breaks, defaces or damages, any of the landmarks, shall be liable to a fine not exceeding $25 and costs, and in default of payment to imprisonment for a period not exceeding 30 days. RSN1970 c40 s142 Back to Top South side street 131. (1) The council shall prescribe and lay out a line of street on the south side of the harbour of St. John's to a point that may be determined, and shall define the extent, width and boundaries of the line, and shall make a correct plan of the line of street, which plan shall be deposited and preserved in the council's office, and shall, concerning all questions of the extent, width and boundaries of the street, be conclusive evidence of the boundaries. (2) On the south side of the street referred to in subsection (1), to be called Harvey Street , Southside, there shall be not less than 5 firebreaks of at least 15.24 metres in width respectively. RSN1970 c40 s143 Back to Top Promenade 132. The property known as "The Promenade" situated on the south side of and adjoining Water Street West in the city and lying between the property of the Canadian National Railway Company and Water Street West and extending from the roadway across the Long Bridge to the westerly limits of the property formerly owned by the St. John's Gas Light company is declared to be vested in the council with power by resolution (a) to dedicate a part of the lands as a public street or place; and (b) to sell, lease, use or deal with the land or a part of the land as it considers appropriate. RSN1970 c40 s144 Back to Top New streets 133. When the council has decided to open a new street and has published in the Gazette and 2 city daily newspapers a proclamation to that effect the street shall then vest in the city in perpetuity. RSN1970 c40 s145 Back to Top Digging up streets 134. A person shall not dig or tear up a pavement, or dig a hole, ditch, drain or sewer in a street, without having obtained a permit from the city engineer. RSN1970 c40 s146 Back to Top Duty of person digging 135. It shall be the duty of a person digging or tearing up a pavement or digging a hole, ditch, drain or sewer in a street as speedily as possible to repair and put the pavement or street in as good order as before, and the person shall keep the surface of the street where the work is done in good condition to the satisfaction of the city engineer for the period that the council may require but the period shall be at least 12 months from the date of the issue of a permit under section 134. RSN1970 c40 s147; 1980 c28 s3 Back to Top Lighting 136. A person obtaining a permit to make an examination or opening in or near a street, shall at night sufficiently and continuously light the excavation or opening and shall in addition at all times enclose or secure the excavation or opening by a fence or barrier. RSN1970 c40 s148 Back to Top Approval of poles, sewers, etc. 137. A person or company shall not erect, keep, or repair a telegraph, telephone, or electrical light or power pole, or shall not lay, keep, or repair a sewer or gas pipe, on or in the streets of the city, unless the location, material, dimensions and form of the telegraph, telephone, electrical light, power pole, sewer or gas pipe, and the mode of conducting the repair of the telegraph, telephone, electrical light, power pole, sewer or gas pipe, is approved by the city engineer. 1970 c40 s149 Back to Top Penalty 138. A person who contravenes or fails to comply with sections 134 to 137 shall be liable to a fine of not less than $10 for every day during which the contravention or failure to comply continues. RSN1970 c40 s150 Back to Top Permits re cables, pipes 139. (1) The council may where it considers it desirable and appropriate, grant a permit to a person or company to lay cables and conduit pipes underground through the streets within the city limits, and for that purpose to dig up streets and erect telegraph and telephone poles and wires along and on the streets, and shall have power to impose those conditions and restrictions upon the laying, digging and erecting that may be necessary. (2) The council may impose, fix, raise and collect from persons to whom a permit referred to in subsection (1) is granted, an annual or special charge or tax for the permit and the charge or tax shall be imposed, fixed, raised and collected in the same manner as other special and annual taxes or charges under this Act. RSN1970 c40 s151 Back to Top Street names and numbering 140. (1) It shall be the duty of council to name new streets and to change the name of streets where the change is considered advisable. (1.1) The council may require the owners of all houses and buildings within the limits of the city to attach, in a visible place, the numbers assigned by the council to those houses and buildings. (1.2) The council may by regulation establish an appropriate form and size for that numbering. (2) The council shall affix upon the building or erection at each end of every street a plate containing the name of the street. (3) A person convicted of altering or defacing a number or plate shall be subject to a fine not exceeding $5, or to imprisonment for a term not exceeding 1 week. (4) It is unlawful for an owner or occupier or a person to place or keep on a building or structure appurtenant to a building a plate, placard, sign or mark indicating a number for that building unless the plate, placard, sign or mark and the placing of it and the number indicated on it has been approved by the council. (5) An employee of the council or a person authorized by the city engineer is entitled to enter on land for the purpose of placing on a building or structure on the land a plate, placard, sign or mark indicating a number for the building or for the purpose of removing or replacing a plate, placard, sign or mark or removing a plate, placard, sign or mark unlawfully placed by a person. RSN1970 c40 s152; 2009 c39 s3 Back to Top Sidewalk width 141. (1) Sidewalks, for the use of pedestrians, shall be not less than 3.048 metres wide on streets of 18.288 metres wide or upwards. (2) On streets of lesser width than 18.288 metres, the council shall determine the width of the sidewalks. RSN1970 c40 s153 Back to Top Sidewalk construction 142. (1) The council shall have power to determine the material with which the sidewalks of a new or existing street or portion of the city shall be covered, and shall, where it seems desirable, cover the sidewalk with brick, concrete, wood or asphalt, or other permanent material, and shall keep the sidewalk in good repair. (2) One-half of the cost of the construction and repair, including the cost of the curb and gutter, shall be borne by the city, and the other half of the cost shall be paid by the owners of the properties abutting on the sidewalk so covered, according to the respective areas of the sidewalk abutting on each property. (3) The cost of covering the part of a sidewalk situated at the intersection of 2 streets, and common to both, shall be borne wholly by the city. (4) The owners of premises on Water Street along the front of which sidewalks of concrete or other similar material have been laid shall keep the sidewalks in front of their premises in good repair, and where an owner fails to do so within 1 month after notice given by the city engineer, the council shall have power to effect the repair, and to recover the cost of the repair from the owners in an action for work and material supplied. RSN1970 c40 s154 Back to Top Power re streets 143. The council shall have power (a) to widen, straighten, extend or otherwise alter an existing street and for that purpose to remove a building, wall or fence and to expropriate land required for that purpose; (b) to regulate and adjust the levels of all streets and sidewalks; (c) to close a street temporarily for the purpose of repairs or removal of snow, ice or obstructions for a reason considered necessary by the council, and to prescribe the class of traffic which may use the street, and to prohibit the use of the streets or a specified street in the city by a vehicle which is not equipped with snow tires or tire chains on the rear wheels of the vehicle; and to close a street either temporarily or permanently where the council considers it necessary to do so in the public interest; and (d) to sell, lease, or dispose of the land forming a street which has been closed permanently by the council under paragraph (c). RSN1970 c40 s155 Back to Top Pedestrians 144. (1) Subject to the Highway Traffic Act and regulations made under that Act, the council may establish all or a part of a street in the city solely or principally as a pedestrian promenade, prohibit the use of the street by vehicles or a specified class of vehicles, except to the extent or for the period that may be specified, and permit obstruction of the promenade in the manner, at the times and to the extent that the council may consider desirable. (2) Subject to the Highway Traffic Act and regulations made under that Act, the promenade shall be under the management and control of the council or the authority referred to in subsection (4). (3) The council may assess and impose annually the cost of establishing, operating and maintaining a pedestrian promenade in the city upon every person occupying, in whole or in part, a building or building site or land for a commercial purpose or other uses abutting on a pedestrian promenade in proportion to the annual rental value of the building or portion of the building or building site so occupied. (4) The council may establish an authority to be known as "The Pedestrian Promenade Authority of the City of St. John's", in this section called the "authority", and may, subject to the Highway Traffic Act and regulations made under that Act, entrust to the authority the construction, maintenance, control, operation and management of pedestrian promenades within the limits of the city. (5) The authority shall consist of 5 members, each of whom shall be a person qualified to be elected a member of the council and to be appointed by the council on the affirmative vote of at least 4 members of the council present and voting, and the members of the authority so appointed shall hold office for 3 years. (6) Where a vacancy in the authority occurs, the council shall appoint immediately a person qualified as set out in this section to be a member of the authority, who shall hold office for the remainder of the term for which his or her predecessor was appointed. (7) A member of the authority is eligible for reappointment on the expiration of his or her term of office. (8) Upon the passing of the by-law establishing the authority, all the powers, rights, duties, obligations, authorities and privileges conferred on and duties imposed on the council by this section with respect to the construction, maintenance, operation and management of pedestrian promenades shall be exercised by the authority, but subject to the Highway Traffic Act and regulations made under that Act and to limitations that the by-law may provide. (9) Notwithstanding a by-law enacted by the council under this section and notwithstanding the powers of an authority appointed by the council by by-law under this section, a pedestrian promenade may be immediately disestablished upon a resolution of the council to that effect, and at that time the area established as a pedestrian promenade shall no longer continue as a pedestrian promenade and this section or a by-law enacted under this section shall not apply to the area. (10) Except as provided by this section, nothing in this section shall take away, restrict or transfer, or be considered to take away, restrict or transfer, any rights of the council, statutory or otherwise. RSN1970 c40 s156 Back to Top Pavement, curbs, gutters 145. (1) The council has power (a) to pave an unpaved existing street or a new street within the city limits with stone, brick, concrete, tar, macadam, wood blocks, asphalt or other similar material of a more or less permanent character; and (b) to lay curbs and gutters of concrete, brick, stone or other material of a more or less permanent character. (2) The cost of paving a new street or the laying of curbs and gutters, which forms part of or is made in connection with a subdivision of land, shall be paid for in the manner provided in section 390. (3) The cost of paving a street under subsection (1) shall be assessed by the council against and paid by the owners of the land fronting on the street so paved in the proportions that the frontage of the land of an owner bears to the total length of the land fronting on both sides of the street, or where part only of a street is paved, the total length of the land fronting on both sides of the part so paved. (4) One-half the cost of laying curbs and gutters under subsection (1) shall be paid by the city, and the other half by the owners of the land fronting on the curb and gutter in the proportions that the frontage of the land bears to the total length of the curb or gutter so laid, but the city shall pay the entire cost of laying curbs and gutters at the portions of the sidewalks that are wholly chargeable to the city under section 142. (5) Where land is situated at the junction of and abuts on 2 streets both of which are paved by the council or along both of which curbs and gutters are laid, the owner of the land shall be exempt from liability for the cost of paving or the laying of curbs and gutters along 1 of the streets to the extent of 24.384 metres. (6) Without limiting other rights vested in the council by law, section 281 applies to the costs due to the council under this section. 1975-76 No9 s4 Back to Top Rep. by 2016 c49 s44 146. [Rep. by 2016 c49 s44] 2016 c49 s44 Back to Top Street encumbrances 147. The council shall have power to remove encumbrances from the streets, and to prevent an obstruction or encroachment. RSN1970 c40 s159 Back to Top Restriction re fuel pumps 148. A gasoline or fuel oil pump for providing or servicing motor vehicles with gasoline or fuel oil shall not be erected or placed in or on a street or sidewalk in the city or in or on a street or sidewalk within 1.6 kilometres of the limits of the city. RSN1970 c40 s160 Back to Top Penalty for obstruction 149. (1) A person shall not, within the city limits place or deposit on a street or sidewalk, except in transit, boxes, barrels, packages, or other matter or thing, so as to obstruct free passage on the street or sidewalk. (2) A person who contravenes subsection (1) is guilty of an offence and liable to a fine not exceeding $25, or imprisonment for a period not exceeding 30 days. RSN1970 c40 s161 Back to Top Building permits 150. (1) A person shall not within the city limits place or leave mortar, lime, sand, bricks, timber or other material for building or sift and screen lime, in a street, without a permit from the city engineer, who may grant the permit on the conditions that he or she thinks appropriate for securing the safety and convenience of the public. (2) A person who contravenes subsection (1) shall be subject to a penalty not exceeding $25, or imprisonment for a period not exceeding 30 days. RSN1970 c40 s162 Back to Top Obstructing coves 151. (1) A person who encumbers, makes erections across, or obstructs a public cove, or the waters of a cove, shall be liable to a penalty not exceeding $10, or to imprisonment for a period not exceeding 10 days. (2) Subsection (1) shall not be held to affect the right of parties to have vessels or boats at wharves adjoining the public coves for the purpose of loading or discharging cargoes. RSN1970 c40 s163 Back to Top Water drainage 152. An owner of a building or premises shall not permit water or other fluid matter to be discharged or to escape from the building or premises, through or upon a street but an owner is required to provide a properly constructed underground drain for conveyance of that water into a public sewer. RSN1970 c40 s164 Back to Top Snow removal 153. (1) The occupant of a building or land situated on Water Street, Duckworth Street, New Gower Street or Job Street, shall remove all snow and ice from the roof of the building and from the sidewalk and surface drain in front of the building or land within 12 hours after the snow or ice has fallen or formed on the roof and shall deposit the snow within that time in the waters of the harbour of St. John's or other place named by the council for that purpose. (2) Where a building or land is unoccupied, the owner shall be considered to be the occupant for the purpose of this section. (3) A person who contravenes this section is liable to a penalty not exceeding $20 or, in default of payment, to imprisonment for a period not exceeding 30 days. RSN1970 c40 s165 Back to Top Water 154. The council shall have power to make rules and regulations to compel the owner of a building abutting on a sidewalk to (a) connect a spout or rain conductor, discharging upon the sidewalk with a drain or sewer leading from the building to which the spout or conductor is attached; and (b) provide those hatch-coverings, coal chutes, or cellar openings that may be required, and shall keep them level with a sidewalk, and in good repair. RSN1970 c40 s166 Back to Top Care of public trees 155. The council shall have charge and care of trees in the streets, and the planting of new trees shall be subject to its control and supervision. RSN1970 c40 s167 Back to Top Planting of public trees 156. The council may authorize a person to plant trees on a street, subject to the directions of the city engineer. RSN1970 c40 s168 Back to Top Trimming trees 157. (1) A person, other than the council or its employees, shall not cut down, trim, or remove trees on a street. (2) A person who injures or destroys a tree shall be subject to a fine of not less than $5 or more than $50, for every offence. RSN1970 c40 s169 Back to Top Overhanging trees 158. Where a part of a tree standing on private property interferes with the public use of a street, the council may trim the tree to the vertical line of the street. RSN1970 c40 s170 Back to Top Fence vacant lots 159. (1) The owner or occupier of a vacant lot abutting on a street shall fence the lot within 14 days after receiving notice to do so from the council, and shall maintain the fence in good repair. (2) The council shall have power to prescribe the height and description of a fence to be erected. (3) A person who contravenes or fails to comply with this section, shall be subject to a penalty not exceeding $5 for every day during which the contravention or failure to comply continues, or the fence may be erected by the council and its cost recovered from the owner. RSN1970 c40 s171 Back to Top Drinking fountains 160. (1) The council may erect, or may grant permission to a person or society to erect drinking fountains in a street or public space in the city. (2) The location, the design and the supply of water shall be under the direction of the council. RSN1970 c40 s172 Back to Top Prohibition re crossing 161. A car or vehicle shall not remain stationary on the crossing of a street. RSN1970 c40 s174 Back to Top Regulations 162. The council may (a) regulate or prohibit the unnecessary ringing of bells, the blowing of whistles by locomotives, factories and steamboats, the use of noisy vehicles in the streets, or the making of unnecessary noises in the city; (b) prohibit or regulate and license the sale of articles in the streets and public places; (c) regulate and prescribe the width of tires on the wheels of vehicles used in the city, and the maximum weight of a load to be drawn over streets, and to direct upon what streets laden vehicles may be drawn and from what streets the vehicles shall be excluded; (d) license and regulate or prohibit the posting of bills or placards and the erection or display of advertisements; (e) make regulations for the placing of awnings, signs and showboards ; and to abate as nuisances awnings, signs, or showboards placed so as to contravene the regulations; (f) regulate or to prohibit the carrying on within the city or within 1.6 kilometres of the city of trades or businesses which in the opinion of the council do or may create a nuisance either to persons in their neighbourhood or to the general public; (g) make rules, regulations and by-laws relating to the licensing of plumbers, the plumbing of buildings and the inspection of the plumbing and to apply the rules, regulations or by-laws within 1.6 kilometres outside the limits of the city as well as within the limits of the city and existing rules or regulations of the council so applied shall be considered to have been validly made and applied; (h) establish pounds for the impounding of horses, horned cattle, sheep and swine or other domestic animals which may be found straying, or at large, in the streets or parks of the city, including Bowring Park, or in an open field or common from which free access can be had and to fix a tariff of fines and rates to be paid at the pounds, and to authorize the impounding of animals straying or being at large, and the sale of the animals for the penalties and expenses of impoundings and for compensation for damage done by the animals to property of the city; (i) prohibit or regulate or prevent the ringing of bells and chimes, blowing of horns, beating of drums and other noises calculated to disturb or be an annoyance to persons; (j) prohibit or regulate or prevent the firing of guns or other firearms and the firing off of fireballs, squibs, crackers or fireworks and for preventing charivaries and other similar disturbances of the peace; (k) prohibit or regulate or prevent the use of catapults, slings, bows and arrows and other weapons; and (l) prohibit or regulate or prevent the blasting, use and storage of dynamite and other explosives. RSN1970 c40 s177; 1975 No66 s8 Back to Top Sidewalk traffic 163. A person shall not within the city limits draw, drive, or carry a truck, sleigh, wheelbarrow, bicycle or other vehicle in or upon a sidewalk, except directly across the sidewalk on necessary occasions, or lead, ride, or drive on a sidewalk a horse or other beast, except directly across the sidewalk and on necessary occasions, or tie or fasten a horse, or other beast, or allow the horse to stand, on or across the sidewalk, under a penalty not exceeding $25, or imprisonment for a period not exceeding 30 days. RSN1970 c40 s178 Back to Top Vehicle identification 164. (1) All vehicles used on the streets of the city for commercial purposes, shall have the owner's name printed in full on some conspicuous part, in letters of not less than 5.08 centimetres, and painted in white on a black ground or in black on a white ground, under a penalty not exceeding $10. (2) A cartage contractor and a trucker who uses more than 1 vehicle shall mark and keep marked on each vehicle, in addition to the name of the owner of the vehicle, an identifying number which shall distinguish each vehicle from all other vehicles in the use of the contractor or trucker. RSN1970 c40 s179 Back to Top Rules of the road 165. (1) All carriages, motor cars, carts, wagons, sleighs and other vehicles shall, by the person in charge of them, on meeting another carriage, motor, car, cart, wagon, sleigh or other vehicle, be conducted and kept on the right side of the street, as far as the state of the street will permit, and each person conducting a vehicle shall give 1/2 of the street to the other, under a penalty not exceeding $10. (2) A carriage which is driven or is on a street within the city limits during the period between 1 hour after sunset and 1 hour before sunrise shall be provided with lamps which shall be so constructed as to exhibit a light in the direction in which the carriage proceeds, and so lighted and kept lighted as to afford adequate means of signalling the approach or position of the carriage. (3) The owner of a carriage who allows a carriage to be driven or to be on a street without lamps, in accordance with subsection (2), shall be liable to a penalty not exceeding $10 for every offence. (4) The driver or other person in charge of a carriage provided with lamps, in accordance with subsection (2), who drives the carriage, or allows the carriage to be driven or to be upon a street, shall, where the lamps are not placed, lighted and kept lighted in the manner and during the period prescribed by this section, be liable to a penalty not exceeding $10 for every offence. (5) For the purpose of this section the term "carriage" shall include a wagon, van, carriage, motor car, chaise, buggy, dogcart, cab, omnibus, char a banc, wagonette, brake, stagecoach, tramcar, or other similar conveyance, and a bicycle, tricycle, velocipede, or other similar machine, but not common carts or drays, or sleighs, however nothing in this section shall be held to alter, vary or affect an existing law relating to motor vehicles. RSN1970 c40 s180 Back to Top Removal of vehicles 166. (1) Where a vehicle is (a) standing upon a street in a position that it may ( i ) cause serious interference with traffic, (ii) constitute a hindrance to the maintenance, repair or improvement of the street, (iii) hinder or impede the ploughing of or removal of snow or ice from the street, or (iv) hinder or impede the carrying out of an undertaking of the council; or (b) apparently abandoned upon a street for longer than 24 hours, the vehicle may be removed from the street at the direction of an official or supervisor of the city and detained in the council yard or in another place that may be designated by the council until payment by the owner to the city of the costs, charges and expenses provided by subsection (2) of this section. (2) The owner of a vehicle removed by the city under subsection (1) shall pay to the city all costs and expenses incurred by the city in connection with the removal and in addition a charge fixed by the council not exceeding $3 a day for each day or part of a day during which the vehicle remains in the possession of the city. (3) Where a vehicle belonging to or in use by the city is employed in effecting removal of the vehicle under subsection (1), the costs and expenses of removal payable by the owner shall be equivalent to the ordinary reasonable charge which would be made by a garage operator if the removal were effected by a truck of a garage operator engaged by the council for the purpose of removal. (4) Where the owner does not pay to the city all costs, charges and expenses as provided by subsection (2) within 30 days from the date of removal from the street of the vehicle, the city may sell the vehicle by public auction of which not less than 7 days' notice has been advertised in a daily newspaper in the city, and shall pay to the owner the proceeds of the sale after deducting the costs of sale and advertising and all costs, charges and expenses payable by the owner to the city under subsection (2). (5) Where a sale of the vehicle is not effected at the auction referred to in subsection (4), a 2nd auction shall be held of which not less than 7 days' notice shall be given as in subsection and where a sale is not effected at the 2nd auction, the vehicle shall become the absolute property of the city and may be dispensed of in a way the council considers appropriate. (6) An action or other legal proceeding in respect of anything done under this section does not lie against the council or an official or employee of the council, where the action or other proceeding is not based on malfeasance or misfeasance. RSN1970 c40 s181 Back to Top Vehicles for hire 167.

(1) The council shall have power (a) to control and regulate the use of vehicles plying for hire within the city limits, including power to restrict the classes of persons who shall be permitted to ply for hire with particular kinds of vehicles for the conveyance of passengers and for the transport of goods within the city limits; (b) to fix the number of vehicles permitted to ply for hire within the city limits; (c) to inquire into and decide upon the fitness of individuals belonging to the permitted classes to receive a licence to carry on business and into the fitness of each vehicle used or to be used in the business; (d) to require a person permitted to carry on business, in this section called a licensee, to take out an annual or temporary licence; (e) to fix the fee to be paid for the licence and the terms and conditions upon which the licence shall be held; (f) to set apart in or adjoining the streets of the city stands for the use of licensees and regulate the use of those stands; (g) to prohibit a person other than a licensee from driving a vehicle for hire within the city limits; (h) to fix and establish a scale of fares, rates and charges to be paid to licensees and provide a summary method of recovery of them; (i) to fix and prescribe the duties and regulate the conduct of licensees in relation to the public and the rights and duties of the public in relation to licensees in all matters pertaining to their business; and (j) to fix and impose appropriate fines for the breach or non-observance of rules and regulations made in the exercise of the powers under this section. (2) Subsection (1) does not apply to vehicles used for a ride-sharing service. (3) For the purposes of this section and section 168, "ride-sharing service" means "ride-sharing service" as defined in the Highway Traffic Act . RSN1970 c40 s182; 2023 c24 s12 Back to Top Scales of fares 168. (1) The council may, in by-laws or regulations, fix and prescribe a scale of fares, rates and charges which shall be paid to licensed cab-drivers, driving within a radius of 19.2 kilometres from the city hall in St. John's. (2) A cab-driver shall not charge or be entitled to recover a fare in excess of those in the scale provided. (3) Licensed cab-drivers in this section shall include the drivers of motor vehicles for hire but shall not include drivers of motor vehicles used for a ride-sharing service. RSN1970 c40 s183; 2023 c24 s13 Back to Top Control of bicycles 169. The council shall have power by rules, regulations or by-laws (a) to regulate and control the operation of bicycles in the city; (a.1) to regulate and control the use of skateboards in the city; (b) to require all residents in the city owning and using a wheeled vehicle of any kind or class, other than a motor vehicle and a trailer as defined in the Highway Traffic Act , to obtain a licence before using it in or upon streets of the city; (c) to limit the weight or size of loads that may be carried on the bicycles; and (d) to regulate the issuing of licences and the collecting of fees for the licences, which annual fee shall not exceed $10 for each licence; and (e) to fix different scales of fees for different vehicles. 1975 No66 s9; 1996 cR-10.1 s11 Back to Top Rules and regulations 170. (1) The council shall have power to make rules and regulations (a) to compel and to govern the erection, location, maintenance and removal of wires, pipes, conduits or tubes upon, along, from and under the streets; (b) for the registration and licensing of persons engaged in the business of electric wiring and the manner in which electric wiring shall be done and the character of materials to be employed, and prescribing the fees to be paid for licences; (c) to compel and to govern the removal of snow and ice from sidewalks, gutters, houses, yards and parking lots; and (d) 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. (2) The council shall have power under regulation to fix, prescribe and impose the fees for licences or permits for the performance or installation of the matters referred to in subsection (1) and to prohibit the performance or installation without licences or permits. (3) The council shall have power to apply the rules and regulations within 1.6 kilometres outside the limits of the city as well as within the limits of the city and existing rules or regulations of the council so applied shall be considered to have been validly made and applied. RSN1970 c40 s185; 1971 No14 s2; 1971 No70 s3; 1996 c18 s2 Back to Top Board etc. appointed 171. (1) The council shall have power to appoint boards and officials for the purpose of carrying out the powers vested in the council under this Act and to delegate to that board or officials those powers for the purpose that the council may consider appropriate. (2) A board or official appointed by the council shall have power to prescribe and hold tests and fix qualifying standards for the examination of persons applying for licences and to make recommendations to the council in respect of applications for licences based on the results of the tests and the council shall have power to act on the recommendations and to grant or refuse a licence accordingly. RSN1970 c40 s186 Back to Top Sewage control 172. (1) The council shall have power to direct and control the sewage of the city; to construct and maintain, repair, open, or alter sewers, drains, catch-pits and gullies. (2) The council shall have the power to control and manage, at source, the discharge of prohibited materials into the sanitary sewer and storm water sewer systems including the power to (a) protect the integrity of the sewage collection system, pumping stations and the treatment facility, (b) ensure municipal wastewater meets provincial effluent criteria, (c) provide for the sampling, inspection and monitoring of the discharge of materials to the sanitary sewer and storm water sewer systems, and (d) establish Codes of Practice for designated sector operations. (3) Regulations or by-laws made with respect to the powers set out in subsection (2) shall provide that the more stringent requirements of the by-laws or regulations made with respect to that subsection and the Environmental Control Water and Sewage Regulations, 200 3, made under the Water Resources Act , shall apply. RSN1970 c40 s187; 2008 c10 s2 Back to Top Installation of sewer 173. (1) The council is empowered to install a main sewer pipe line in or in the vicinity of Portugal Cove Road lying outside the boundaries of the city and within 1.6 kilometres of the city and to connect that sewer pipe line with the sewer system of the city. (2) The council may permit an owner or occupier of land or building situated on or in the vicinity of Portugal Cove Road to connect a branch or service sewer pipe to the main sewer pipe line on the terms as to payment and subject to the conditions that the council in its discretion may determine. RSN1970 c40 s188 Back to Top Sewage tax 174. Where a public sewer is built on a street, every owner of vacant land suitable for building purposes on either side of the street shall pay to the city towards the cost of construction of the sewer, the proportion of the cost of the sewer as the frontage of the land bears to the entire frontage of the street on which the sewer is so built. RSN1970 c40 s189 Back to Top Exemption 175. A vacant lot suitable for building purposes situated at the intersection of 2 streets, in each of which a sewer is constructed, shall be considered to front on both streets, but shall be exempt from liability on 1 of the streets to the extent of 24.384 metres. RSN1970 c40 s190 Back to Top Private drains 176. A private drain connecting with a public sewer shall be constructed and maintained at the expense of the owner of the property, but subject to the supervision and control of the city engineer. RSN1970 c40 s191 Back to Top Offence 177. A person shall not (a) injure or, without permission of the council, remove a portion of a catch-pit, receiving basin, covering flag, manhole, vent shaft, grating or another part of a sewer or drain; or (b) obstruct the flow of water in a sewer or drain, or permit a substance to flow into a sewer or drain, which forms a deposit in the sewer or drain, or has a tendency to obstruct the sewer or drain, or discharge a stream into any sewer. RSN1970 c40 s192 Back to Top Penalty 178. A person who contravenes or fails to comply with section 177, shall for each offence, be liable to a fine not exceeding $50, and in default of payment to imprisonment for a period not exceeding 60 days. RSN1970 c40 s193 Back to Top Liability liable for 179. The city shall not be liable for a loss or damage to property resulting from flooding by water occasioned by rainstorms or thaws, or the breaking of a water main or sewer pipe for a cause over which the city has no control. RSN1970 c40 s194 Back to Top Nuisance 179.1 The city is not liable for a nuisance. 1996 c18 s3 Back to Top Public water 180. The council shall build public water closets, baths, catch-basins, and wash-houses in the localities that it may consider advisable. RSN1970 c40 s195 Back to Top Private sewage house 181. Every house within the city situated within 15.24 metres of the public drain or sewer shall be connected with the general water and sewage system, and in or appurtenant to every house there shall be constructed and maintained 1 or more proper and sufficient water closets as shall be determined by the council subject to the approval of the city engineer, who will decide as to the efficiency of them. RSN1970 c40 s196 Back to Top Penalty 182. (1) Where it is brought to the knowledge of the city engineer that a house is not connected with the water and sewage system or is not supplied with a closet as required, the city engineer shall serve upon the owner of the house a written notice requiring the connecting with the water or sewage system and the construction of a sufficient closet within 3 months from the service of the notice, and where at the expiration of that time the connection has not been made and the closet has not been constructed (a) the owner shall be liable to a penalty not exceeding $5 a day for every day during which the default has continued, to be recovered by action before a Provincial Court judge; or (b) where it is proven to the satisfaction of the council that the owner of the house is unable to pay the cost of the sanitary improvements required it shall be lawful for the council to connect the house with the general water and sewage system by constructing, laying and introducing branch pipes with taps and other appliances that may be necessary for introducing the water from the council's water pipes and for carrying off sewage into the council's main drain or sewer; and to construct upon the premises or within the grounds of the premises sufficient water closets, troughs, or sinks in the manner and in the places that to the council seem most desirable, and the cost of the connection shall be repaid to the council in the manner provided in section 184. (2) This section shall not apply to a house which in the opinion of the city engineer, because of insufficiency of structure or decay, is unsuitable for the installation of a water-closet and water and sewage connection. RSN1970 c40 s197 Back to Top Insurance 183. The council shall insure against loss or damage by fire the closets and fittings installed under section 182 to the full value of them until the amount spent has been paid. RSN1970 c40 s198 Back to Top Payment 184. For the purpose of providing for the repayment of amounts that may be spent under section 182 in the making of water and sewage connections and constructing water-closets, troughs and sinks, the council may assess upon the premises in which the works have been performed, and the owner shall pay to the council a sum which, by equal annual instalments that may be determined by the council, will suffice to liquidate within a period not exceeding 20 years, or a lesser period that may be agreed between the council and the owner, the cost of the works, together with the fire insurance premiums of the closets and fittings, and interest at a rate to be fixed by the council. RSN1970 c40 s199 Back to Top Cost assessed 185. The cost of connection and construction for the purpose of section 184 shall be fixed by the council, and shall be final. RSN1970 c40 s200 Back to Top Recovery of assessment 186. The assessment in section 185 shall be imposed, levied, collected and recovered upon and from the owner in the same manner as taxes and assessments are collected under the authority of this Act. RSN1970 c40 s201 Back to Top Ground landlord liable 187. Where in this Act the owner or proprietor of a building held under a lease of the land, is assessed, under an order of the council for (a) the cost of local improvements; or (b) the installation of sanitary improvements, he or she is entitled to recover from the ground landlord, at the termination of his or her lease, the value of the improvements, the amount of which shall be determined by arbitration. RSN1970 c40 s202 Back to Top Improvements affect rent 188. The owner of a house who makes the improvements referred to in section 187 may, immediately upon the completion of the improvements, increase the rent of the house by an amount not greater than 6% of the cost of the improvements, and a lessee or tenant of the house shall be liable for the increased rent from the date of completion. RSN1970 c40 s203 Back to Top Sanitation for employees 189. The owner of a house, factory, office, shop or other building in which a number of operatives are employed, shall furnish the house, factory, office, shop or other building with sufficient lavatory, water-closet or other accommodation for sanitary purposes, and also where persons of both sexes are employed, or intended to be employed, or are in attendance, with proper separate accommodation for persons of each sex. RSN1970 c40 s204 Back to Top Catch-basins required 190. In the case of dwellings where, because of lack of water supply and connections with the sewers, sinks with running water are not provided inside the dwellings, those catch-basins for the disposal of waste water shall be provided as may be considered necessary in the opinion of the council. RSN1970 c40 s205 Back to Top Sanitation regulations 191. The council shall have power (a) to provide for the collection, removal and disposal of obnoxious substances or wastes, namely ashes, garbage, night-soil, insanitary or offensive matter and all kinds of refuse or litter, from premises within the city limits; and to do so either wholly at the expense of the city or of the owner or occupier or partly of the one and partly of the other; (b) to sweep, clean and employ watering, oiling or other dust-laying methods on the streets; and (c) to prohibit and abate public nuisances, including the befouling, littering or obstruction of the streets and public places, or of a watercourse within the city limits with refuse or debris or with insanitary, offensive or injurious substances of any kind, and generally to promote conditions of greater health and cleanliness throughout the city. RSN1970 c40 s206 Back to Top Septic tanks 192. A privy or cesspool shall not be permitted within the city limits except for temporary purposes and by special permission, but the council shall have power to permit the use of septic tanks in localities where sewage connections are impossible, provided they are constructed and used according to the rules and regulations provided. RSN1970 c40 s207 Back to Top Dumping into harbour 193. A person who throws stones or ballast or anything else injurious or hurtful into the harbour of St. John's shall, for every offence, be liable to a fine not exceeding $50, or imprisonment for a period not exceeding 50 days. RSN1970 c40 s208 Back to Top Stagnant water 194. (1) The owner of land within the city limits which has upon it stagnant or filthy water, or water which is injurious to the public health, shall drain off the water or fill up or level off the land to the satisfaction of the city medical officer. (2) Where the owner is unable, for lack of means, to improve the land, the council is empowered to do so, and to recover from the owner the cost of improvements by assessment in a similar manner to that provided in this Act for recovering the cost of sanitary improvements to a building, except that the council shall have power to determine in each case the period within which repayment shall be made. RSN1970 c40 s209 Back to Top Prohibited refuse 195. (1) A person shall not place or keep in or upon a yard, land or premises unsanitary matter or a dilapidated or unsightly machine, vehicle, matter or thing or litter or refuse and a person contravening or violating this subsection shall be liable to all the penalties provided by this Act for a breach of this Act. (2) The city engineer or the sanitary supervisor shall enter upon a yard, land or premises where he or she knows or is informed a matter or thing is placed or kept in violation of this section and to order the removal, disposal or abatement by the owner or occupier of a yard or premises of a dilapidated or unsightly machine, vehicle, matter or thing or litter or refuse within the period that the supervisor may determine, and where the order is not complied with, the person upon whom the order is served shall be liable to all the penalties provided by this Act for that noncompliance, and, in addition, the city engineer of the sanitary supervisor shall remove the unsanitary matter or machine, vehicle, matter or thing or litter or refuse and the cost of removal may be recovered in a court by the city from the owner or occupier of the land or premises. (3) The provisions of this section shall apply within the city limits and within 1.6 kilometres outside the city limits. RSN1970 c40 s210 Back to Top Municipal dump 196. The council shall have power to acquire or set aside land for the purpose of a municipal dump or garbage disposal area and to provide by regulation for the control of municipal dumps or areas and for the prevention of trespass and scavenging on the dumps or areas. RSN1970 c40 s211 Back to Top Slaughterhouse 197. A person shall not within the city limits slaughter cattle the flesh of which is intended to be used for human food otherwise than within a building approved by the council for use as a slaughterhouse or abattoir, under a penalty not exceeding $100 or in default of payment imprisonment for a period not exceeding 90 days. RSN 1970 c40 s212 Back to Top Abattoirs & markets 198. The council may make by-laws (a) for the establishment, regulation and management of abattoirs either within or outside the limits of the city, for the regulation and control of the methods of slaughtering of animals and for the inspection of the flesh of cattle at the time of slaughter; (b) to establish, erect, maintain, enlarge, change or remove public market places; (c) to regulate or prohibit the sale, or exposing for sale in the market places of articles or produce and to prohibit the sale of articles or produce elsewhere in the city than in the public market places; and (d) to impose taxes or licences upon all persons selling in public market places. RSN1970 c40 s213 Back to Top Public health 199. (1) The council may devote that proportion of the general funds of the city that may be necessary to provide or to assist other authorities to provide, for the medical examination of school children, and to take other steps that may be necessary to safeguard the public health. (2) The council may make appropriations and expenditures out of the funds of the city for the measures that it may consider expedient or desirable for the prevention of disease and the improvement of the general standard of health of children and of the public generally within the area. RSN1970 c40 s214 Back to Top Mains outside city 200. The council is empowered, with the approval of the Lieutenant-Governor in Council or in accordance with a St. John's Metropolitan Area Plan under the Urban and Rural Planning Act to lay water and sewer mains and sewer interceptors in an area outside the boundaries of the city and to extend the existing water and sewer mains and sewer interceptors of the city or into any such area. RSN1970 c40 s215 Back to Top Agreement 201. The council is empowered to enter into an agreement with a government, government authority, housing authority, town council or municipal authority or a person for the supply of water from a water mains or the provision of sewage disposal services through sewer mains or interceptors installed by the council outside the boundaries of the city, upon those terms that the council may determine. RSN1970 c40 s216 Back to Top Assessments for mains 202. The owner of land with or without buildings on the land fronting on a street outside the city in which a water main is laid shall be assessed by the council and shall pay to the council upon demand the proportion of the total cost of the installation of the main in the street as the frontage of the land bears to the total of all frontages on the part of the street in which the water main has been laid. RSN1970 c40 s217 Back to Top Assessments outside city 203. The owner of land with or without buildings on the land fronting on a street outside the city in which a sewer main or interceptor is laid shall be assessed by the council and shall pay to the council upon demand the proportion of the total cost of the installation of the main or interceptor in the street as the frontage of the land bears to the total of all frontages on the part of the street in which the sewer main or interceptor has been laid. RSN1970 c40 s218 Back to Top Services outside city 204. (1) The council is empowered to supply water to a building or premises outside the city from a water main and to provide sewage disposal service for a building or premises outside the city through a sewer main or interceptor laid by the council outside the boundaries of the city. (2) The owner of the building or premises shall pay the cost of the branch or service pipes connecting with a water or sewer main or interceptor and of all repairs to or renewal of the pipes and shall be subject to all laws, rules and regulations of the council respecting the water supply or sewage disposal service. (3) The council may fix rates or charges for the water supplies or sewage disposal services and those rates or charges shall be paid to the council by the owner of buildings or premises to which water is supplied or sewage disposal services provided. RSN1970 c40 s219 Back to Top Lien 205. All assessments imposed under sections 202 and 203 and all rates and charges payable under section 204 shall attach to and be a lien upon the land or building in respect of which assessments or rates or charges are imposed or payable and shall be recoverable by the council in the same manner and by the same actions, proceedings and remedies as taxes, rates and assessments upon properties in the city are recoverable by the council. RSN1970 c40 s220 Back to Top Street care 206. The council is not responsible for the maintenance or repair of streets outside of the limits of the city or within the St. John's Metropolitan Area established under the Urban and Rural Planning Act until that street is included within the limits of the city. RSN1970 c40 s221 Back to Top Connecting with city sewer 207. (1) The owner of land with or without buildings situated in an area inside or outside the boundaries of the city who wishes to develop or subdivide the land and provide sewer services to it by connecting directly or indirectly sewer mains laid in the land with a sewer main or interceptor sewer laid by the council shall pay to the council, before making connection or using a sewer main or interceptor sewer of the council for sewage or drainage disposal purposes, the assessment that the council may determine based on the area of the land proposed to be developed or subdivided by the owner and the assessment shall be in addition to the annual rates or charges for sewage disposal services payable to the council by the owner of a building or premises under section 204. (2) A development or subdivision permit shall not be granted by the council until the assessment is paid by the owner to the council. (3) Nothing in this section is to be construed as requiring the council to lay or extend a sewer main or interceptor sewer and the council has a complete discretion as to whether or not a sewer main or interceptor sewer shall be laid or extended to provide sewer services to land. RSN1970 c40 s222 Back to Top Light and power 208. (1) The council shall have power to provide light and power for the city and may contract with a person, firm or company for the provision of the light and power that may be required for the purpose. (2) The waters and lands covered by water within the watershed of Mobile River as described in Schedule F are vested in the council absolutely, and all other Crown lands within that watershed, which may be reasonably necessary for use in connection with the development of waterpower from the waters or the development of the waters as a source of water supply for the city, are reserved from the operation of the Crown Lands Act and upon delivery to the Minister of Environment and Lands by the council or its lessees of plans and specifications showing to his or her satisfaction that any of the lands are reasonably necessary for that use and issue of his or her certificate accordingly, those lands shall vest in the council, and in respect of those waters and lands vested in the council under this subsection, the council shall have the following powers: (a) to devote the portion of its revenue that it may consider necessary for the examination of the water power of Mobile River ; (b) to borrow, subject to the approval of the Lieutenant-Governor in Council, the sums that may be found necessary to develop water powers; to install machinery for the purpose of generating electrical power; and to do other acts and works that may be necessary or incidental to those powers; (c) to divert, store and use all or any of the waters within the watershed of Mobile River, to divert the waters into adjoining drainage basins, to develop water power and flood lands in the Mobile River drainage basin and to raise the level of the waters in a lake, pond or stream within the watershed of Mobile River to any extent that may be required; (d) to acquire a right of way over private or public lands for the construction of transmission lines for the purpose of conveying electrical power to and for the use of the city for light and power purposes; (e) to sell and dispose of surplus electrical power that may remain at the rates that may be considered advisable and the annual profit that accrues from the sale of surplus electrical power shall be devoted to the establishment of a sinking fund for the purpose of liquidating the capital sum invested, and to the general expenses of the city; (f) to enter into a lease upon the terms and conditions that it may consider advisable with a person, firm or company as lessee in respect of waters, lands and rights acquired by the council under this section; and (g) to grant to a lessee as is referred to in paragraph (f) the rights given to the council under this section that the council may determine. (3) The terms and conditions of the lease referred to in paragraph (2)(f) may provide for the termination of the lease upon notice and upon payment to the lessee of the value at the time of termination of all works and erections constructed by the lessee within or outside the watershed of Mobile River subsequent to the date of the lease for the primary purpose of and used for developing the waters of Mobile River and the value shall be determined by appraisal by 3 experienced arbitrators, 1 to be appointed by the council, 1 by the lessee and the 3rd by the 2 arbitrators appointed by the council and the lessee, and in the event of the arbitrators not agreeing upon a 3rd arbitrator, then the 3rd arbitrator shall, upon the application of either party within 1 month after due notice, be appointed by the Trial Division, and the award of 2 arbitrators shall be final and binding between the council and the lessee. (4) Notwithstanding anything in another statute, no royalties shall be payable to the government of the province in respect of the generation of power from the waters vested in the council under this section. (5) The council shall have power to make regulations for the protection as a source of water supply for the city of the waters within the watershed of Mobile River . (6) All minerals as defined in the Mineral Act, coal, natural gas, oil and salt within the watershed of Mobile River are reserved to the Crown. RSN1970 c40 s223 Back to Top Public library 209. The council shall have power to borrow the sum of money that may be authorized by the Lieutenant-Governor in Council for the purpose of building a public library, and to provide for the upkeep and management of the public library out of the public funds of the city, and to receive donations for that purpose. RSN1970 c40 s224 Back to Top Stadium 210. The council is empowered to make available land of the city for the purpose of the erection of stadiums or rink buildings in the city upon the terms that the council may consider appropriate and, with the approval of the Lieutenant-Governor in Council, is empowered (a) to erect, or complete the erection of, or join with or assist a company or association in the erection of a stadium or rink building, and to develop and improve land surrounding the stadium or rink building; (b) to finance or assist a company or association in the financing of the erection of a stadium or rink building; (c) to borrow money by the issue of bonds or through bank or other loans and to apply that money for the purpose of the erection of a stadium or rink building or to advance, loan, or contribute money to a company or association undertaking the erection of a building or to guarantee a bond issue or loan of a company or association, and to make an advance or loan upon the terms as to repayment, interest and security that the council may consider appropriate; (d) to apply, for the period that the council may consider necessary, the full proceeds of all poll taxes imposed under this Act towards the repayment of money borrowed by the council and interest on the money and specifically to charge, for the period that the council may determine, the proceeds of all the poll taxes with repayment of borrowed money and interest or as security for a guarantee by the council of a bond issue or loans of a company or association; and (e) to acquire from a company or association on the terms and conditions that the council may consider appropriate lands, buildings or assets or an interest in lands, buildings or assets for the purposes of a stadium or rink building. RSN1970 c40 s225 Back to Top Parking lots 211. (1) The council is empowered (a) to establish and provide or assist others in the establishment or provision of parking lots, areas or buildings, in this section called "parking lots", in or near the city for the parking or keeping of motor vehicles; (b) to acquire by purchase, lease, exchange, expropriation or gift or otherwise lands with or without buildings in or near the city for the purposes of parking lots; (c) to prepare, construct and equip parking lots; (d) to sell, lease or rent lands for the purpose of the establishment, construction and operation of parking lots; (e) to assist a person or company in establishing or providing a parking lot in or near the city by lending money to that person or company or by guaranteeing the payment of a loan, mortgage, bonds or debentures raised or issued for the purpose of providing a parking lot or by undertaking to purchase from a company or person and on the terms and within the period that the council may determine land owned or acquired by a person or company and used or operated as a parking lot in or near the city; and (f) to regulate and control parking lots in the city established or operated by the council and to regulate the use of parking lots and the parking of motor vehicles and to fix charges by meter or in another manner for the use of the parking lots and to impose restrictions or conditions in respect of use and parking and to fix penalties for violation of rules, regulations or by-laws made by the council under this section. (2) The council may accept money and land and gifts of another kind from a person or firm to assist the council in the provision of services within the power of the council, including parking lots and parking garages. RSN1970 c40 s226; 1975 No66 s10 Back to Top Public utilities 212. (1) Subject to existing rights, the council shall have the exclusive right of granting and extending franchises, with or without exclusive rights or privileges, in respect of transportation, light, heat, power, water, gas, sewage, telephone, telegraph and aeronautical developments and enterprises within the limits of the city and all similar public utilities in the city. (2) Grants and extensions and the terms of the franchises shall be subject to the approval of the Lieutenant-Governor in Council. RSN1970 c40 s227 Back to Top Bus service 213. (1) In this section (a) " bus " means a vehicle adapted to carry more than 6 adult passengers in addition to the driver; and (b) " bus service" means a service for the transportation of passengers by bus for reward between points within the limits of the city. (2) The council is empowered to operate a bus service in the city under the management and control of the council or a commission appointed by the council to operate, manage and control the bus service on behalf of the council and for that purpose the council may (a) provide , purchase, lease or acquire lands, buildings, buses, vehicles, equipment and property or assets considered necessary for the operation of a bus passenger service; (b) borrow money by issue of bonds or through bank or other loans or by mortgage, charge, lien or security on or over lands, buildings, buses, vehicles, equipment, property or assets provided, purchased, leased or acquired for the operation of that bus passenger service; and (c) fix , determine, change or vary, and charge fares or rates for the transportation of passengers by bus or empower the commission to fix, determine or change and to charge fares or rates. (3) The council is also empowered to extend the operations of the bus service to areas and places outside the limits of the city. (4) The Public Utilities Act shall not apply to a bus service operated by or on behalf of the council in the city or within 8.04 kilometres of the limits of the city. (5) Where the council decides by resolution to operate a bus service in the city, the council has the sole and exclusive right by itself or the commission to transport passengers by bus for reward between points within the limits of the city. RSN1970 c40 s228 Back to Top Shop closing 214. (1) The council may make regulations (a) respecting the closing of shops within the meaning of the Shops Closing Act 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 the businesses or trades or classes of businesses or trades that may be specified in the regulations. 1977 c107 s14 Back to Top Pornographic materials 215. The council may make regulations respecting (a) the method of the display for sale or rental in shops of pornographic books, magazines, 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 purpose of giving effect to this section. 1985 c12 s2 Back to Top Public buildings safety 216. (1) The council shall have power by by-laws, rules or regulations to require the owners, lessees or managers of public buildings within the city limits to make the reasonable provision that the council in its discretion shall prescribe, either generally or in the case of a particular building, for the safety and protection from injury by fire, panic or otherwise of persons resorting to those buildings. (2) In this section the words "public buildings" includes hospitals, orphanages, schools, colleges, churches, theatres, cinema theatres, rinks, halls, factories, hotels, boarding-houses and other buildings to which the public resort in numbers. (3) The by-laws, rules or regulations may provide (a) for the inspection of buildings and the ordering of alterations and improvements that the council may consider necessary in the interests of public safety; and (b) where the council is of opinion that serious danger to the public exists or is imminent for compelling, with the assistance of the police where necessary, the closing of a building until the orders have been complied with or sufficiently complied with to render it safe in the opinion of the council to readmit the public while full compliance with the orders is being effected, and for empowering police officers to enter a building when occupied by a public assemblage and enforce compliance with the by-laws, rules, regulations and orders. (4) The council may make regulations (a) prohibiting, regulating, controlling or restricting the sale, offering for sale or display for sale, in a room, lobby, hallway, passageway or other place forming part of or used in connection with or incidental or accessory to a cinema theatre, of food, goods, articles or merchandise of any kind or of a kind specified in the regulations; (b) providing for the licensing of the owner or operator of a cinema theatre with respect to the sale, offering for sale or display for sale of the items referred to in paragraph (a); (c) prescribing the form of licences for the purposes of paragraph (b) and the fees to be paid for those licences and stipulating the conditions and circumstances under which the licences may be issued, suspended or cancelled; or (d) prohibiting the sale, offering for sale or display for sale in respect of which a licence is required under regulations made under paragraph (b) and in respect of which an existing licence has not been issued. RSN1970 c40 s230 Back to Top Dogs registration 217. The owner of a dog within the city limits, which is 6 months old or older shall register the dog at the City Hall on or before January 1 of each year, and shall pay to the city clerk the fees that the council may determine. RSN1970 c40 s231 Back to Top Dog tags 218. The city clerk shall supply registered owners with a metal tag for each dog registered, with the number of registration stamped on the tag, and the owner of every registered dog shall keep on that dog a collar with the tag attached to it. RSN1970 c40 s232 Back to Top Dogs not to be at large 219. It shall be the duty of the owner of every dog to see that the dog is securely housed between the hours of 11 p.m. and 6 a.m. and that at no time shall the dog be on a city street unless the dog is accompanied by some person who has it under effective control by means of a leash or other device approved by the council. RSN1970 c40 s233 Back to Top Penalty 220. The owner of a dog who contravenes or fails to comply with sections 217 to 219 shall for each offence be liable to a fine not exceeding $100. RSN1970 c40 s234; 1977 c57 s3 Back to Top Horses registration 221. (1) The owner of a horse kept within the city limits, or within 1.6 kilometres outside of the city limits in any direction, and used within the city limits for private purposes, but not for hire, and the owner of a horse used within the city limits for hire, shall register the horse at the City Hall before July 2 in each year, and pay to the city clerk at the time of registration a fee to be prescribed by the council in respect of the period of 12 months beginning on July 1. (2) Notwithstanding subsection (1), a person acquiring a horse after July 1 shall register the horse before use. RSN1970 c40 s235 Back to Top Horses drawn vehicle 222. The owner of a carriage, wagon, cab, cart, truck, sleigh, or other horse drawn vehicle, kept and used for private property but not for hire, or used for hire within the respective limits prescribed in section 221, shall register the vehicle at city hall before July 2 in each year, and pay to the city clerk at the time of registration, in respect of the period of 12 months beginning on July 1, the fees that may be prescribed by the council. RSN1970 c40 s236 Back to Top Penalty 223. The owner of a horse or vehicle who fails to comply with sections 221 or 222 shall for each offence be liable to a fine not exceeding $10. RSN1970 c40 s237 Back to Top Financial year 224. The financial year of the city shall begin on January 1 of each year. RSN1970 c40 s238 Back to Top Power to tax 225. For the purpose of providing funds to meet the annual or special expenditure necessary for giving effect to this Act, the council shall have power to raise, collect and receive the rates, assessments, taxes, rents, fees, duties, appropriations and other money provided in this Act. RSN1970 c40 s239 Back to Top Rep. by 2012 c26 s4 226. [Rep. by 2012 c26 s4] 2012 c26 s4 Back to Top Rep. by 2012 c26 s4 227. [Rep. by 2012 c26 s4] 2012 c26 s4 Back to Top Appraisement basis 228. The council may substitute full property value for rental value as a basis of appraisement. RSN1970 c40 s242 Back to Top Rep. by 2012 c26 s5 229. [Rep. by 2012 c26 s5] 2012 c26 s5 Back to Top Annual value rental 230. (1) The rental value upon which taxes are to be paid shall be held to be the annual rent at which the property might reasonably be expected to let from year to year, notwithstanding the existence of a lease or agreement to let the property for a greater or lesser sum, or the actual annual rent at which the property is let based on the yearly, monthly or other rental payable under a lease or tenancy agreement or arrangement relating to the property, whichever rent is the larger, without a deduction from the rent being made or allowed in estimating the rental values other than the expenses of services supplied to the tenant of the property. (2) Notwithstanding subsection (1), where in estimating the annual rental value of a dwelling, the appraiser or assessor, in the exercise of his or her sole discretion, determines that the annual rental value of the dwelling is less than $250 the appraiser or assessor shall make a deduction of 20% from the estimated rental value in determining the rental value upon which taxes are to be paid. RSN1970 c40 s244 Back to Top Appraising rental value 231. In estimating the rental value for houses or buildings, the appraisers shall take into account the situation and other conditions of the houses or buildings, as, for example, the fact of a house or building being waterside or eligible as a place of business or the extent of its frontage on streets containing water and sewage pipes of the city, or the fact of its receiving only a limited advantage from water-supply, sewage, lighting and street expenditure. RSN1970 c40 s245 Back to Top Notification of sale 232. The owner of a freehold or leasehold property situated in the city shall, in the event of a sale of the property, or transfer of ownership other than by way of mortgage, notify the city clerk in writing of the sale or transfer within 1 month after the date of the sale or transfer and set out in the notification particulars showing the location, description, boundaries, and measurements of the property, the name and address of the purchaser and, in the case of a sale, the purchase price paid for the property. RSN1970 c40 s246 Back to Top Rep. by 2012 c26 s6 233. [Rep. by 2012 c26 s6] 2012 c26 s6 Back to Top Rep. by 2012 c26 s6 234. [Rep. by 2012 c26 s6] 2012 c26 s6 Back to Top Ground landlords' tax 235. There shall be paid by every ground landlord an annual tax, to be known as the ground landlords' tax, and to be fixed and imposed by the council, of a percentage on the gross annual ground rent payable to the landlord under a building lease of land within the city limits; and the landlord shall not have recourse against the tenant for the recovery of the tax, notwithstanding a covenant clause or agreement in a lease or agreement for a lease made after May 13, 1887, to the contrary. RSN1970 c40 s249 Back to Top Rep. by 2012 c26 s7 236. [Rep. by 2012 c26 s7] 2012 c26 s7 Back to Top Rep. by 2012 c26 s7 237. [Rep. by 2012 c26 s7] 2012 c26 s7 Back to Top Rep. by 2012 c26 s7 238. [Rep. by 2012 c26 s7] 2012 c26 s7 Back to Top Sale of vacant land 239. Where it is be shown to the satisfaction of the council that the owner or lessee of vacant land along or near to which water or sewage pipes have been laid, has been offered or can obtain fair market value or rental for the land, and refuses to sell or lease or otherwise dispose of the land for building purposes, the council may fix, impose and apply to and upon the land and the interest of the owner and lessee of the land and to collect and recover the rates, taxes and assessments that would be assessed, imposed or paid, or that the owner or lessee would be liable or subject to pay upon or in respect to the lands if the lands were built upon, including in the assessment the rental value of the supposed buildings, at the fair average value of buildings on the same street or adjoining street, or similarly situated. RSN1970 c40 s253 Back to Top Rep. by 2012 c26 s8 240. [Rep. by 2012 c26 s8] 2012 c26 s8 Back to Top Water tax 241. (1) The council shall have power by resolution to fix and impose upon the owner or occupier of a premises or part of a premises within the city limits a special annual tax to be known as the water tax in respect of water supplied to a premises or part of a premises. (2) The council may impose the water tax in any of the following methods or forms and may fix a minimum or maximum amount for the tax and may vary the tax in application to different kinds or classes of premises or parts of premises: (a) the tax may be based upon and form the percentage of the appraised annual rental vale of the premises or part of them as the council may determine; (b) the tax may be determined by the number of demand water taps or outlets located in the premises or part of them and charged at flat rates for specified total numbers of taps or outlets or at a rate per tap or outlet fixed by the council;

(c) the tax may be based upon the quantity of water used in the premises or parts of them as measured and determined by water meters, which the council may install in the premises or part of them, and charged at the rate of 4,500 litres or part of a 4,500 litres as the council may determine; and (d) the tax may be based on and determined by reference to a scale specifying separate classifications or categories of appraised annual rental values of premises and assigning to each classification or category a specific amount or charge as the tax payable under this section. (3) The council may enter into a contract with a person, firm or company for the supply or installation of the water meters referred to in paragraph (1 )( c) and to secure the payment of the cost of the meters or the installation of them by a first charge upon all water taxes received in respect of premises in which the meters are installed and to issue debentures of the city securing payment of the cost of the meters. (4) The water tax shall be in respect of the annual period from January 1 to December 31 in each year and shall be payable in accordance with section 261. (5) Where a water tax imposed under this section, or an instalment of a water tax, is unpaid within 30 days from the date on which the tax or instalment is payable, the city manager may discontinue the supply of water to the premises, in respect of which the tax is imposed, by turning off the stop cock or valve on the water connection to the premises. (6) An occupier of a premises, or part of a premises, who is or may be affected by the discontinuance of water under subsection (4) may pay the water tax or instalment of the water tax to the council, and is entitled to recover the amount so paid by him or her from the person liable for the water tax or instalment of the water tax by (a) action in a court, or (b) deduction from a rent or other amount payable by the occupier to the person so liable. (7) A water tax payable under this section by a person who is the owner of or who has an interest in the premises in respect of which the tax is imposed for water supplied to the premises shall attach to and be a charge upon the premises or the interest of the person in the premises in the same manner as other taxes and assessments under this Act, and may be recovered by any of the remedies provided by this Act for the recovery of taxes and assessments. (8) For the purpose of this section "occupier" means the person in actual occupation of the premises or part of the premises of the premises who is listed in the appraisement books of the city as owner, lessee or tenant of the premises and who has, or shares with another occupant, the use or benefit of water supplied to a part of the premises from the water supply of the city. (9) Where a water tax or instalment of water tax, imposed upon and payable by the occupier of the premises, is not paid to the council by the occupier within 1 month after the tax or instalment is payable by the occupier, the tax or instalment shall become payable immediately to the council by the owner of the premises and shall attach to and be a charge upon the premises in the same manner as other taxes and assessments under this Act and may be recovered by the council from the owner by any of the remedies provided by this Act for the recovery of taxes and assessments; and, upon payment of the tax or instalment to the council in accordance with this subsection, the owner shall be entitled to recover from the occupier by action in a court, the amount so paid by the owner. (10) Nothing contained in subsection (9) shall affect or be considered to have affected the liability of the occupier for a water tax imposed on the occupier under this section and the council shall have a right of action against the owner or the occupier or both for the amount of water tax. (11) Where the water tax is imposed on or payable by the owner of property under this section, the owner shall be entitled, a statute or provision of law to the contrary notwithstanding, to add the amount of the water tax to the rental payable to him or her by the tenant or lessee of the premises or part of the premises to which water is supplied and the owner shall have the same rights and remedies for recovery of the water tax from the tenant or lessee as are available to him or her in law with respect to the recovery of the rental. RSN1970 c40 s255; 1975-76 No9 s5; 1975-76 No72 s2; 1978 c45 s9; 2012 c26 s9 Back to Top Public Utilities Act 242. The Public Utilities Act shall not apply or be considered to have applied to the water tax or to any rates or charges levied, imposed or charged under this Act or under the authority of this Act in respect of water supplied by the city. RSN1970 c40 s256 Back to Top Mortgaged property 243. Property under mortgage shall be appraised as if the property were unencumbered, and the assessment on the property shall be paid by the mortgagor. RSN1970 c40 s257 Back to Top Mortgagee liability 244. Where the mortgagee or his or her agent is in possession of the property or the rents and profits of the property, the council shall have the right to sue for and recover the assessment from the mortgagee, who shall have the right to claim over for the amount paid by him or her against the mortgagor, and with the same remedies as provided by the mortgage in respect of interest. RSN1970 c40 s258 Back to Top Appraisement 245. (1) For the purpose of providing a basis and means by which to fix, establish and impose rates the council shall appoint 1 or more assessors or appraisers who shall be sworn or affirmed before a justice of the peace to discharge the duties of their office. (2) In January in every year the assessors and appraisers appointed under subsection (1) shall begin to determine and set and record the annual rental values of all assessable land, dwellings, buildings, wharves and marine works within the limits of the city. (3) The assessments and valuations referred to in subsection (2) shall be recorded in a draft assessment roll or appraisement books together with other relevant information that may be required by this Act and the portions or books of the draft assessment roll as completed shall be deposited with the city clerk or other municipal officer designated to receive them by the council, and the draft assessment roll shall be completed not later than December 1 in each year. (4) Notice shall be given to all persons whose valuations are in excess of the next preceding assessment and to all persons then newly assessed stating the amount of the assessment and a person who objects to an assessment in which they are interested shall have the right to appeal against the assessment to the Court of Revision, and where the council objects to an assessment it shall have the same right of appeal upon giving notice to the person whose assessment is objected to. (5) The assessors shall have power, in their discretion, to call in the assistance of architects, builders, or skilled persons to help them in preparing an appraisement. (6) Upon completion of the draft assessment roll it shall be available in the office of the city clerk for inspection by taxpayers. RSN1970 c40 s259; 1980 c26 s1 Back to Top Extension areas 246. (1) The appraisers shall make a special appraisement of the annual rental value of every property situated in areas of the city lying between the boundaries of the city as they existed and were delimited immediately before May 7, 19 63, and the boundaries of the city as fixed and delimited by the Order of the Lieutenant-Governor in Council dated December 10, 19 63, and the appraisements shall be recorded in a draft assessment roll or appraisement books together with all relevant information that may be required respecting appraisements by this Act and the portions of the draft assessment roll or appraisement books as completed shall be deposited with the city clerk. (2) Subject to the right of appeal to the court of revision the special appraisement of the annual rental value of property shall be the basis upon which all taxes, rates and assessments, fixed, imposed and established under this Act and based on annual rental values, shall be calculated and the special appraisement shall continue to apply to the property until the special appraisement is varied by a new appraisement made under the provisions of this Act. (3) Notice of each special appraisement made under this section and stating the amount of the appraisement shall be given to the owner of every property appraised and to every person affected by the special appraisement and a person who objects to the appraisement shall have the right to appeal to the court of revision at its next sitting and where the council objects to the appraisement it shall have the same right of appeal upon giving notice to the persons affected by the appeal, but pending the appeal a tax payable on or in respect of the property shall be paid and collected on the basis of the special appraisement; subject to adjustment where the court of revision varies the appraisement. (4) The council may direct the court of revision appointed under this Act to hold a special session of the court at the time that the council may direct for the purpose of hearing and determining objections to a special appraisement made under this section and notice of the special session and the purpose of it shall be given twice weekly in 2 newspapers in the city for a period of 2 weeks preceding the special session of the court and the provisions of this Act relating to the court of revision and its powers shall apply to the special session. (5) The word "property" in this section means land, building, dwelling, structure, wharf or marine work. RSN1970 c40 s260 Back to Top Court of revision 247. (1) The Lieutenant-Governor in Council shall appoint 2 or more qualified persons to be a court of revision. (2) The persons appointed under subsection (1) shall upon the expiration of 14 days after the appraisement books or draft assessment roll have been deposited as required by section 245 and for 1 month following, at the hours that they may notify by advertisement in the Gazette and 2 other city newspapers hold a court for the revision of the draft assessment roll, and shall hear and determine all objections. (3) The person appointed under subsection (1) has power to take evidence on oath or affirmation and may increase, reduce or confirm the appraisement. (4) After the expiration of the period fixed for holding the court the draft assessment roll shall be signed by the members of the court, shall be the final assessment roll, and shall be binding upon all persons for the financial year of the city following the making and revision of the roll and the final assessment roll shall be used to calculate the taxes due the city. (5) The members of the court of revision shall be paid the remuneration that the council shall determine. (6) A person who knowingly states anything false in providing information to the court of revision is guilty of an offence under this Act and liable to the penalties provided by this Act. RSN1970 c40 s261; 1981 c50 s4 Back to Top Term of office and sessions 248. (1) The members of the court of revision shall hold office for a period of 1 year from the date of their appointment, and shall, where required, sit as a court to hear and determine objections to assessments made for local improvements under sections 77, 78 and 79. (2) The decision of the court upon the objections under subsection (1), shall, subject to a right of appeal under section 249 be final and binding upon all parties. (3) A vacancy occurring in the membership of the court of revision shall be filled by the Lieutenant-Governor in Council. RSN1970 c40 s262 Back to Top Appeal 249. (1) Notwithstanding subsection 247(4), a party who feels aggrieved by a decision of the court of revision with respect to an appraisement or assessment has, the right to appeal to the Trial Division or a judge of the Trial Division. (2) The party appealing under subsection (1) shall, within 10 days after the date of the decision of the Court of Revision, (a) file with the court a notice of appeal, together with an affidavit setting out the grounds of the appeal; and (b) pay into court the sum that may be sufficient to defray the costs of the appeal or give a bond with respect to the defraying of those costs. 1971 No14 s2; 1971 No70 s4; 1974 No57 Sch C; 1986 c42 Sch A; 2013 c16 s25 Back to Top Special appraisement 250. (1) In the interval between appraisements, it shall be the duty of the appraisers to make special appraisement of the annual value of a house or building newly constructed or extended; or where because of change of rent or for another reason the appraisers in their discretion consider it necessary or desirable or where the council directs, that a special appraisement of land or a building be made, the appraisers shall do so. (2) Where a special appraisement is conducted, written notice of that appraisement shall be given to the owner of the house or building, or, absent from the province, to the owner's agent. (3) The owner, agent, or the council, shall have a right of appeal to the court of revision, by giving the other party notice of appeal in writing within 1 week after the service of the notice of appraisement. (4) The appraisement as revised by the court of revision, or by the Trial Division in case of a further appeal, shall be held to have been the correct appraisement from the date on which the special appraisement was made and fixed by the appraisers, and the difference between the amount of the tax actually collected and that which should have been collected shall be paid by the owner or refunded by the council provided that pending the appeal the tax shall be paid and collected on the basis of the special appraisement. RSN1970 c40 s264; 1986 c42 Sch A Back to Top Production of documents 251. (1) An owner or occupier of property subject to taxation or the agent of the owner or occupier shall produce to the appraisers on demand the conveyances, leases, assignments and other deeds and documents and the books, accounts, vouchers and insurance policies in his or her possession or control that the appraisers may require for the purpose of valuing the property for taxation. (2) A person who contravenes subsection (1) is liable upon summary conviction to a fine not exceeding $5 for every day during which the refusal persists. (3) An owner of a building shall, upon the request of the assessors, make a written statement giving the names of his or her tenants, the space occupied by the tenants and the purpose for which it is used and the weekly, monthly or yearly rentals and the separate cost of services supplied to the tenants. (4) A tenant of a building shall upon the request of the assessors make a written statement giving the name of the owner of the building he or she occupies, the purpose for which he or she occupies, and the weekly, monthly or yearly rentals payable by him or her and shall enumerate all services supplied by the owner as part of the tenancy. RSN1970 c40 s265 Back to Top Retrospective tax 252. (1) Notwithstanding the lapse of time, or the confirmation of the appraisement book by the court of revision, the appraisers may appraise and the council may tax retrospectively property, or other subject of taxation the appraisement or taxing of which has been omitted from the general appraisement by accident or by error, or is invalid because of an error or irregularity, and may impose a tax so omitted or invalid upon an estate or person upon whom it should first have been imposed, and the rates and taxes shall be collected as other rates and taxes. (2) An appraisement under subsection (1) shall be subject to appeal to the court of revision and to the Trial Division. RSN1970 c40 s266; 1986 c42 s153 Sch A Back to Top Effect of error 253. An error, informality or irregularity on the part of the mayor or council, the appraisers, the court of revision, the city clerk, or other officer, shall not affect or prejudice the validity of a general or individual appraisement made, or a tax imposed. RSN1970 c40 s267 Back to Top Non service 254. The non-delivery or failure to serve a notice required for the collection of taxes shall not affect or prejudice the assessment or tax, or collection of the assessment or tax, or lien upon or sale of a property for the payment of rates, or taxes, or a proceeding to enforce payment of rates or taxes, and the appraisement, rate or tax shall be valid notwithstanding the non-delivery or failure, and the rate or tax may be collected and enforced, notwithstanding the city fails to prove the delivery or service of the notices. RSN1970 c40 s268 Back to Top Right to collect 255. Where there is an error in the name of a person assessed, rated, or taxed, the rate or tax assessed to the person may be collected from the person intended to be rated or taxed, where he or she is rateable or taxable. RSN1970 c40 s269 Back to Top Assessment enforced 256. Where the property is assessed to a person who is not liable to be assessed for it, the rate or tax sought to be imposed on him or her may, notwithstanding a lapse of time, be enforced against a person who should have been assessed in respect to the property. RSN1970 c40 s270 Back to Top Tax exemptions 257. (1) The following property shall not be subject to taxation: (a) lands and buildings belonging to the Crown and used for purpose of hospitals, nurses' homes, homes for the mentally disabled, homes for the aged or infirm and all other similar establishments which, if held and occupied by charitable institutions, would be free of taxation under paragraph (2)(c); (b) lands and buildings of the Fire Department of the City of St. John's established under the St. John's Fire Department Act ; and (c) lands and buildings of the Crown other than those referred to in paragraphs (a) and (b), used for government purposes, except that the government buildings shall be subject to a charge for protection and ordinary water service of 5% upon the appraised annual rental value of the buildings and the council shall not make an additional charge, based on meter readings or otherwise, for water consumed in government buildings except for water consumed in excess of a reasonable quantity for the property in question, having regard to the quantities supplied without extra charge to occupiers of similar property in the city. (2) The following property shall be exempt from the payment of taxes, charges or assessments fixed, levied or imposed under this Act (a) buildings held and occupied for public worship; (b) buildings held and occupied as a public college or school or for other educational purposes; and (c) buildings held and occupied by a charitable institution. (3) Subsection (2) shall have effect retrospectively so as to authorize the repayment by the council without interest of all sums paid by the owners of properties exempt under subsection (2) for charges or assessments imposed by the council in respect of civic improvements effected by the council since January 1, 1933 . RSN1970 c40 s271 Back to Top Further exemptions 258. The council may exempt from taxes imposed by this Act, for a period not exceeding 10 years, an existing or projected enterprise which in the opinion of the council will by the provisions of employment directly or indirectly or otherwise be of sufficient benefit to the residents of the city to justify the exemption in the public interest. RSN1970 c40 s272 Back to Top Estimated revenue 259. The council shall, before December 15 in each year, estimate the probable receipts from all sources of revenue other than ground landlord's tax, and after deducting the amount so arrived at from the total estimated expenditure for the next year, shall fix a rate percentage for the ground landlord's tax as will in the total produce the amount required. 2012 c26 s10 Back to Top Rep. by 2012 c26 s11 260. [Rep. by 2012 c26 s11] 2012 c26 s11 Back to Top Payment of taxes 261. (1) In this section (a) " taxpayer " means the person or company liable for payment of taxes; and (b) " taxes " includes all taxes or assessments or portions of either. (2) The ground landlord's tax and water tax shall be payable half-yearly in advance on January 1 and July 1 in each year and may be rendered in one account or otherwise as the council may decide. (3) Taxes that are payable to the city under this Act and unpaid on the last day of the month in which they become due to the city, shall, until paid, bear and are subject to simple or compound interest, 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 the interest shall be applied. (4) [Rep. by 2009 c40 s4] (5) Payment of interest due the city may be enforced in a manner provided by this Act or another Act for the enforcement or collection of a tax or assessment or debt payable to the city. (6) The council may immediately after April 1 and October 1 in each year take proceedings to recover all amounts due for taxes, assessments, rents and licence fees then unpaid, including those due for the current half-year, and shall take proceedings to recover the amounts which have been unpaid for 12 months. (7) Where a date fixed or limited by subsection (2) falls or expires on a holiday, the time for payment shall be extended to and payment may be made on the 1st day following which is not a holiday. (8) Subsections (3) and (5) of this section may be applied by the city to taxes and assessments which became and become due to the city before and after January 1, 1976 . RSN1970 c40 s274; 1975-76 No9 s6; 1975-76 No72 s3; 1977 c57 s5; 2009 c40 s4 ; 2012 c26 s12 Back to Top Reduction of tax 262. (1) The council shall have power to reduce or remit payment of a general tax on account of the poverty of a person liable to the payment of it. (2) An applicant for the reduction or remission referred to in subsection (1) shall submit with his or her application an affidavit in the form that may be approved by the council, sworn or affirmed by himself or herself or by someone on his or her behalf intimately acquainted with the applicant's financial circumstances, setting out in detail the grounds for the application. (3) Where in the opinion of the council the application and affidavit disclose a presumptive case for the reduction or remission, the matter shall be deferred for a period of 30 days to permit investigation by an official of the council, whose duty it shall be to investigate the facts and report his or her recommendations to the council. (4) The council shall not be bound by the recommendations referred to in subsection (3), but shall take them into account in arriving at its decision on the application, from which decision there shall be no appeal. RSN1970 c40 s277 Back to Top Taxes deferred 263. The council may in cases of financial need agree to defer the payment of a person's tax for the period and upon the conditions that it considers just. 1981 c50 s5 Back to Top Powers 264. The council shall have power to compromise or make arrangements for payment of or to reduce or remit arrears of taxes or assessments or debts payable to the city under this Act, but a compromise, arrangement, reduction, or remission shall not be valid unless it is recommended by the city clerk and approved by at least 5 of the 8 councillors. 1970 c40 s278; 1971 No14 s2; 1971 No70 s5 Back to Top Apportionment 265. Where the facts or conditions to which an annual tax applies occurs between the beginning and the end of a year the council shall have power, by resolution, rule or regulation, to apportion the taxes and to fix the amount, or proportion of taxes, which shall be paid in respect of the unexpired portion of the year. RSN1970 c40 s279 Back to Top Annulment 266. Where it is established by evidence to the satisfaction of the council that a property upon which taxes are charged is of insufficient value to pay the costs of an action for the recovery of the taxes, and that the owner of the property has no other assets available for execution, the council may, with the approval of the auditor general, annul the taxes and write them off from its books. RSN1970 c40 s280 Back to Top Balance after sale 267. Where action has been taken for the recovery of taxes due on a property and the property upon execution has not realized the whole of the taxes and the costs of action, and the council is satisfied that the defendant has no other assets available for execution, the council may, with the approval of the auditor general, annul the unpaid balance of the taxes and write it off from its books. RSN1970 c40 s281 Back to Top Offences 268. A person who, without just cause, (a) refuses to permit the appraisers to enter and inspect the premises occupied by him or her for the purpose of assessing the value of the premises, (b) refuses to give the appraisers correct information, (c) knowingly gives the appraisers false information with regard to his or her ownership of a property, or to the rent which he or she derives from or pays for a property, or to the cost of property, or (d) impedes or attempts to impede the appraisers in the discharge of their duties under this Act, is liable upon summary conviction to a fine not exceeding $20 and in default of payment, to imprisonment for a period not exceeding 60 days. RSN1970 c40 s282 Back to Top Fuel oil tax 269. (1) The council may impose upon and levy and collect from every consumer a tax not exceeding $0.02 on 4.5 litres on all fuel oil, except tax-exempt fuel oil, purchased or received by or delivered to consumers in the city. (2) A person who sells or delivers fuel oil to a consumer is considered to be the agent of the council for the purpose of this section and shall levy upon and demand and collect from the consumer at the time of sale the tax imposed and payable under this section on all fuel oil, other than tax-exempt fuel oil, sold or delivered by the person to a consumer and every consumer shall pay the tax to the agent at the time of sale whether or not the tax is levied or demanded by the agent. (3) An agent shall file with the council before the 21st day of each month a statement or return showing the total number of gallons of fuel oil, other than tax-exempt fuel oil, sold or delivered by the agent to consumers during the preceding month, whether or not he or she has received payment for the fuel oil, and the number of gallons used by the agent, and the statement shall be verified by affidavit and shall be in the form that the council prescribes. (4) Before the 21st day of each month every agent shall remit to the council in respect of every gallon of fuel oil other than tax-exempt fuel oil, sold or delivered to consumers during the preceding month an amount equal to the tax imposed by this section. (5) Money collected under this section by an agent shall be the property of the council and shall not be diverted or used for any purpose by the agent and, in addition to a penalty imposed on the agent under this section, the council may proceed against an agent in a court for an accounting and payment of all taxes which the agent has collected or should have collected under this section. (6) An agent who fails to collect the tax imposed under this section and a person who, being required by this section to make a statement or return or to pay the tax or money to the council or to another person, fails to do so by the date required by this section, is guilty of an offence against this Act and liable, on summary conviction, to a fine of not less than $200 and not exceeding $400, and, in default of payment, to imprisonment for a term of not less than 2 months and not exceeding 6 months, or to both a fine and imprisonment. (7) The council may appoint those inspectors, officers and other persons that it considers necessary for the proper carrying out of this section, and a person having fuel oil in his or her possession or keeping fuel oil for sale shall permit an inspector, officer or other person to enter upon his or her premises and shall disclose to, and make available for examination by the inspector, officer or other person, all books, invoices, letters and documents relating to his or her sales or purchases of fuel oil. (8) The council may make those by-laws or regulations that it considers appropriate for the purpose of carrying out the powers granted by this section. (9) For the purpose of this section (a) " consumer " means a person who purchases or receives delivery of fuel oil for his or her own use or for the use of a person at his or her expense; (b) " fuel oil" means and includes furnace oil, stove oil, bunker fuel oil and diesel fuel oil; (c) " person " includes a partnership, association or corporation; (d) " sale " includes barter or exchange and "sold" includes bartered or exchanged; and (e) "tax-exempt fuel oil" means fuel oil purchased or received in the city for use or consumption outside the limits of the city, but shall not include fuel oil delivered to the operators of a ship, other than a ship engaged in the province coastal shipping trade or a fishing vessel, trawler or craft the catch of which is processed in the province. RSN1970 c40 s283 Back to Top Entertainment tax 270. (1) The council may impose a tax to be known as the entertainment tax, upon all theatrical, musical, cinematograph, dancing, pantomime, athletic, circus or other kind of public performances, exhibitions or entertainments, including indoor skating and hockey, conducted within the city limits. (2) The entertainment tax may be imposed either directly upon the person or company responsible for the management of the entertainments or upon the payments made for admission to the entertainments, and may be collected at the times, in the manner and by the methods that the council by regulation prescribes. (3) The council may require that admission to the entertainment be by ticket to be obtained from the council by the person or company responsible for the management of the entertainments. (4) The rate of the entertainment tax may be fixed by the council, and may be varied as between local and foreign performers, exhibitors or entertainers, and as between different kinds of entertainments. RSN1970 c40 s284 Back to Top Waiver of tax 271. (1) Where it is shown to the satisfaction of the council that the profits of entertainment are to be applied to the relief of poverty, the advancement of education, or the promotion of religion, the entertainment tax shall not be levied on the performance. (2) The council may in its discretion waive the tax in the case of athletic games and artistic, scientific or educational exhibitions or entertainments on proof that the profits are to be applied to the promotion of athletics, art, science or education, and not to the private gain of a person or company. RSN1970 c40 s285 Back to Top Admission 272. A person authorized by the council, in writing signed by the city clerk shall on production of his or her authority be admitted free to a place of entertainment while the entertainment is proceeding, and to a place ordinarily used as a place of entertainment at reasonable times, with a view to seeing whether the regulations made with regard to entertainment tax are being complied with; and a person who prevents or obstructs the entry of a person so authorized is guilty of an offence under this Act. RSN1970 c40 s286 Back to Top Business licence 273. (1) An annual licence fee shall be paid by all persons or companies doing business in the city, and the fee shall be paid at the office of the city clerk between January 1 and 10 of each year. (2) Notwithstanding subsection (1), a person or company starting business at another period of the year shall pay the specified licence fee on or before the day of the beginning of business. (3) Notwithstanding subsection (1), where a person or company, not being a commercial traveller, starts business after June 30 in a year he or she or it shall only be liable to pay 1/2 of the licence fees in respect of that year, and the annual licence fee to be paid (a) by a stock broker on margins is $500; (b) by a transient dealer is $250; (c) by an auctioneer is $25; (d) by a junk dealer is $25; and (e) by a commercial traveller representing a person, firm or company not domiciled in the province and having no registered agent in the city is $200. (4) For the purpose of this section, (a) " transient dealer" means a non-resident of the city who occupies premises in the city for temporary periods, and who offers for sale goods or merchandise; and (b) "pedlar and hawker" means person who within the city limits goes from place to place carrying to sell or exposing for sale goods, wares or merchandise or exposing samples or patterns of goods, wares or merchandise to be afterwards delivered, but shall not include a person selling or seeking orders for goods, wares, or merchandise to or from persons who are dealers in them, and who buy to sell again, nor a person selling or exposing for sale goods or merchandise in a public mart, market, or fair legally established. (5) A transient dealer shall not expose or offer for sale goods or merchandise in a hotel or boarding house in the city. (6) A transient dealer shall not expose or offer for sale in a street or public place of the city goods or merchandise. (7) Where a transient dealer exposes or offers for sale goods or merchandise in contravention of subsection (6), the council may immediately cancel the licence issued to him or her and he or she shall be liable also for other penalties provided by this Act. RSN1970 c40 s287; 1975 No66 s13; 1975-76 No72 s4 Back to Top Other licences 274. The following licence fees shall be paid before July 2 of every year by the owner or proprietor of (a) a billiard table, sippio board, bagatelle board, pool table or pin ball machine... $10; (b) a bowling alley, not exceeding 2 beds... $20; (c) a bowling alley, for each additional bed... $10; and (d) an electric coin-operated music box or jute box... $25. RSN1970 c40 s288 Back to Top Building contractors 275. (1) A contractor or builder, not being a resident of the province for 1 year immediately before the acceptance by him or her of a contract for work to be done within the city limits, shall pay to the council a licence fee of .5%, upon the gross amount of the contract and additions to the contract, but not less than $100. (2) The estimated amount of the licence fee shall be paid on the acceptance of the contract, and the balance, shall be paid by or refunded to the contractor or builder on the completion of the contract. (3) Where it is shown to the satisfaction of the council (a) that the nature of the work, for example its novelty, or its being a patented or secret process, necessitates the employment of a non-resident contractor or builder; and (b) that the minimum fee of $100 is unreasonable in the circumstances of the particular case, the council may reduce the amount of the minimum fee. RSN1970 c40 s289 Back to Top Liability for licence 276. The person or company for whom work is performed, or who is responsible for the payments under a contract, is responsible for seeing that the contractor or builder has paid the licence fee, and where the contractor or builder has failed to do so, may deduct from the money payable to him or her under the contract the amount of the licence fee, and pay it to the council. RSN1970 c40 s290 Back to Top Licence 277. The council shall issue to the party paying a licence fee a licence permitting or authorizing the having, keeping, or using the article or property, or carrying on the business or employment in respect of which the fee is payable, and a person or company shall not have, keep, or use an article or property or carry on a business or employment, until the licence has been obtained. RSN1970 c40 s291 Back to Top Penalty 278. A person or company contravening section 277 is liable, in addition to payment of the licence fee, to a fine not exceeding $100. RSN1970 c40 s292 Back to Top Circus 279. (1) A person shall not operate or begin to operate, as owner, manager or agent, a circus in the city or within 1.6 kilometres of the limits of the city until he or she has obtained from the council a licence for the operation of the circus. (2) The council shall have power in its absolute discretion to grant or refuse a licence referred to in subsection (1) or to permit the operation of a circus for the limited period of time and in the location that the council may determine. (3) An owner or lessee or possessor of land or premises in the city or within 1.6 kilometres of the limits of the city shall not permit the land or premises to be used for the purpose of the operation of a circus unless a licence for the operation is granted by the council under this section. (4) The council is empowered to impose upon and levy and collect from a person operating as owner, manager or agent of a circus within the city or within 1.6 kilometres of the limits of the city, a licence fee not exceeding $500 for each day the circus is in operation whether the operation is licensed or unlicensed under this section. (5) The licence fee referred to in subsection (4) shall be paid in advance on the morning of each day of operation or intended operation and it shall be a condition of a licence for the operation of a circus issued to a person under this section that the licence shall be automatically cancelled upon failure of the licensee to make payment in advance on a day of an amount payable under this subsection. (6) The licence fee referred to in subsection (4) shall be recoverable in a court in a suit by the city against the operator and the properties and equipment employed in the operation of a circus shall be liable to attachment and to execution in satisfaction of a judgment in the action whether or not the property or equipment is owned by the operator liable for the licence fees. (7) A person who contravenes this section is liable on summary conviction to a fine of not less than $100 nor more than $250 for each day during which the contravention continues, and in addition, in the case of an operator, is liable for all licence fees payable under subsection (4). (8) The payment by the operator of a circus of all licence fees required to be paid under this section shall exempt the operator from the obligation to collect or pay the entertainment tax under section 270. RSN1970 c40 s293 Back to Top Poll Tax 280. (1) The council is empowered by resolution of the council to levy on every person of the age of 21 years or older who, at a time during the 12 month period preceding December 31 in a year, lives in the city and is gainfully employed, an annual poll tax not exceeding $20 a year. (2) The poll tax shall not be payable by (a) a person who is the owner, lessor, lessee or occupier of property listed in the appraisement books of the city; (b) a member of the Naval, Military or Air Forces on full pay or in actual service; and (c) a class of persons, dependents, pensioners or others who may be granted exemptions under regulations made by the council. (3) An employer in the city or within 1.6 kilometres of the city shall make an annual return to the city clerk before July 1 in each year of all persons employed by that person during the 12 month period ending December 31 together with the addresses of all those employees. (4) An employer referred to in subsection (3) shall pay to the city clerk on demand out of wages due to an employee the amount of a poll tax stated by the city clerk to be payable by the employee to the city, and after receipt of a demand from the city clerk an employer shall not make payment to an employee of salary or wages then due or afterward accruing due to an employee without first making payment of the tax to the city clerk from the wages and the payment shall relieve the employer from liability to the employee for the amount so paid. (5) Where an employer fails to pay to the city clerk from wages of an employee of an amount required to be deducted and paid by the employer to the city clerk under this section, the employer shall be personally liable for the tax in respect of which the payment is required to be made. (6) The appraisers or assessors shall incorporate in the assessment roll of the city or prepare a separate poll tax roll of all persons liable for the poll tax. (7) Where the name of a person is included in error on the roll, it may be removed by the appraiser and it shall be indicated why the removal has been made. (8) Where a person liable to pay poll tax fails to pay, the city clerk may enforce payment by the means provided by this Act for the enforcement or collection of a tax payable to the city. RSN1970 c40 s294; 1988 c39 s29 Back to Top Lien for taxes 281. (1) An action in respect of taxes, rates, assessments, or debts payable to the city or the council shall not be barred in a court except by the lapse of 12 years from the time when the taxes, rates, assessments or debts, or the last instalment of an assessment payable by instalments, become payable to the city or the council or are acknowledged in writing or by payment on account. (2) Taxes, rates and assessments or instalments of assessments imposed upon a person in respect of property within the city shall for a period not exceeding 6 years from the date when due, attach to and upon the property in respect of which they are imposed whether in the hands of the person or in the hands of another person to whom the property may come by conveyance, foreclosure, devolution at law, or otherwise except by sale for taxes at the suit of the city. (3) A person who acquires the property by sale for taxes at the suit of the city shall be liable for the taxes, without prejudice to the liability of the person who owed the taxes at the time of the conveyance, foreclosure or devolution. (4) Nothing in this section shall require the taxes to be paid more than once. (5) The city clerk shall upon demand provide to an actual or proposing purchaser or mortgagee of property, or to a solicitor, a certificate signed by him or her stating the total indebtedness due up to the date of the certificate and then unpaid in respect of the property, which certificate shall as between the city and a purchaser or mortgagee and his or her assigns be conclusive as to the amount of taxes owing to the city at the date of the certificate. (6) All money due the city by a person shall in the insolvency of the person be a preferential claim next after money due the Crown; provided the debit is not contracted longer than 3 years prior to the date of insolvency. (7) Where a debtor to the city for taxes, rates or assessments holds property under a building lease and the property reverts to the ground landlord by a means other than by the expiry of the term of years created by the lease all taxes payable by the tenant unpaid or accrued due to the city shall attach upon the property in the hands of the landlord. (8) It is considered to be a condition of all mortgages of real property within the city that the mortgagee may pay an amount owing to the city and unpaid in respect of the mortgaged property and add the amount to his security, notwithstanding a clause or condition in a mortgage to the contrary. (9) For the purpose of enforcing the lien or charge in favour of the city given by subsections (2) and (7) the city may (a) proceed by foreclosure in the same manner as if the city held a mortgage on the property to which the lien or charge attaches, ranking in priority to all other encumbrances on the property, whether registered or unregistered; or (b) sell the property for taxes. (10) Before proceeding to sell a property for taxes, the council shall advertise once a week for 4 successive weeks in a daily newspaper published in the city, giving the description of the property to be sold, the name of the person appearing in the books of the council as the owner, the amount of the arrears of taxes or assessments due, and the time and place at which the property will be offered for sale by public auction. (11) The upset price at the sale referred to in subsection (10) shall be a sum sufficient to discharge the lien of the city up to the date of the sale and the legitimate costs and expenses of the sale and the conveyance to the purchaser, and where, within 1 hour from the time set by the advertisement for the sale to take place, no bidder appears who is willing to pay as much as the upset price, the council may purchase the property at the upset price on behalf of the city, but otherwise the property shall be knocked down to the highest bidder. (12) Where no bidder appears at the sale, and the council elects not to buy on behalf of the city, the auctioneer may adjourn the sale for a period not exceeding 2 weeks, in which case the adjourned sale shall be advertised again once in the same newspaper as before, and the adjourned sale shall be conducted in the same manner as the original sale, except that no further adjournment shall be permitted. (13) The purchaser at a sale, other than the council, shall upon completion of the purchase be entitled free of charge to a conveyance to him or her from the city, the effect of which shall be to vest the title to the property in the purchaser free of all encumbrances. (14) Where the council becomes the purchaser at a sale the auctioneer shall deliver to the city clerk a written certificate signed by the auctioneer and certifying to the purchase, and the council shall by resolution confirm the purchase and register a copy of the resolution, certified under the seal of the city, in the Registry of Deeds, at which time the title to the property shall vest in the city free of all encumbrances and section 90 shall apply to the property. RSN1970 c40 s295 Back to Top Water rates 282. (1) The council may fix and impose rates or charges for water supplied to steamers, vessels, tugboats, or ships for drinking or boiler or other purposes on the basis of flat rate charges, or at rates per gross registered tonnage or at rates per 4,500 litres of water supplied, and to provide for the measuring of quantities of water so supplied by meter or in another manner determined by the council. (2) The council may collect the rates imposed under subsection (1) from the occupiers of the waterside premises upon which metres or hydrants are installed, or from which water is supplied to the steamers, vessels, tugboats or ships. RSN1970 c40 s296 Back to Top Waterside mains 283. Where, in the opinion of the council, inconvenience or excessive or unnecessary cost of operation results from supplying water to shipping at a waterside premises because of the location of a hydrant used for the purposes of the water supply, the council shall have power at the cost and expense of the owner of the waterside premises to extend water mains or pipes of the city into and upon a waterside premises and to erect on the premises a hydrant for the purpose of supplying water to steamers, tugboats or ships using a wharf at the premises for berthing purposes, and the cost and expense may be recovered by action against the owner at the suit of the city. RSN1970 c40 s297 Back to Top Rep. by 1996 c18 s4 284. [Rep. by 1996 c18 s4] 1996 c18 s4 Back to Top Set-off 285. Where the amounts due by the council to the Minister of Finance have been paid upon the dates specified for the payment of them, the Minister of Finance shall have power to withhold the amounts payable to the council until the liabilities have been discharged. RSN1970 c40 s301 Back to Top Money expenditure 286.

The money to be annually raised by, or paid over to the council shall be applied to the payment of all sums required to be spent in the execution of the powers and trusts vested by law in the city, its council, boards, committees and officers. RSN1970 c40 s302 Back to Top Estimates 287. Before February 1 of each year the council shall revise the estimates prepared in accordance with section 259 and present them to the Lieutenant-Governor in Council, and shall publish them in a daily city newspaper. RSN1970 c40 s303 Back to Top Audited statement 288. The council shall, not later than June 30 in each year, present to the Lieutenant-Governor in Council an audited statement of all money received and spent during the year ending on December 31 then last past, and shall when required provide details of the statement to the Lieutenant-Governor in Council. RSN1970 c40 s304; 1973 No74 s7 Back to Top Publish statement 289. The council shall also publish the statement referred to in section 288 in a daily city newspaper. RSN1970 c40 s305 Back to Top Expenditure over estimates 290. (1) The council shall not have power to incur, enter upon, or contract or become liable for an expenditure or indebtedness beyond, or in excess of, the amount of its estimated receipts or income, without the express sanction or authority of the Lieutenant-Governor in Council. (2) Notwithstanding subsection (1), the council shall have power to order expenditures in addition to the estimates, or for an object not included in the estimates, where (a) the expenditures are within the legal powers of council; and (b) funds in excess of appropriations are available from the revenues of the city. RSN1970 c40 s306 Back to Top Diversion of appropriations 291. (1) The council shall not divert, or apply an amount appropriated in the estimates for a particular purpose, work, or service, to another purpose, work or service. (2) Notwithstanding subsection (1), where a specific work has been completed for a lesser sum than was allocated for it, the council may apply the balance that remains for another work or purpose authorized by this Act. RSN1970 c40 s307 Back to Top Deficiency 292. Where the revenue falls short of the sums required to meet the estimated expenditure, the council may direct that the deficiency may be deducted from the appropriations made. RSN1970 c40 s308 Back to Top Balance 293. Where, at the end of a year (a) the purpose for which an appropriation has been made has been accomplished and an unspent balance remains; (b) the council determines that an unexpended appropriation does not need to be spent; or (c) the revenue of the year is in excess of the estimates and has not been previously appropriated; the balance, appropriation, or excess revenue shall become part of the general funds of the city, and may be appropriated for a purpose within the jurisdiction of the council for the next year. RSN1970 c40 s309 Back to Top Special loans 294. Before February 1 of each year the council shall prepare and provide to the Lieutenant-Governor in Council a statement of all expenditures on account of a special loan or grant during the previous year, and shall provide a detailed account of the loan or grant, where so required. RSN1970 c40 s310 Back to Top Prohibition re diversion 295. The council shall not divert or apply an amount appropriated under a special loan to another purpose except that for which the special loan was originally intended or obtained. RSN1970 c40 s311 Back to Top Voting for expenditure 296. Money shall not be drawn for a purpose until the council has sanctioned the expenditure and ordered the amount to be paid, and money shall not be voted for a purpose otherwise than at the regular weekly meeting of the council except (a) for the purchase of necessary supplies for the carrying out of the ordinary business of the departments, not exceeding $50; (b) for the payment of freights charges, drafts at sight, and other similar charges requiring prompt payment; and (c) for the payment of wages. RSN1970 c40 s312; 1978 c45 s10 Back to Top Requisition for purchase 297. (1) Requisitions for the purchase of materials, or for contracts for work shall be made in writing and shall be signed by the official in charge of the department for which they are required. (2) 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. RSN1970 c40 s313; 1975-76 No. 72 s5; 1978 c45 s11; 1984 c36 s14 Back to Top Bills and accounts 298. All bills of parcels for goods supplied, or accounts for repairs or other work done, or for payments under contacts where they are due, with the order for them, countersigned by the officials to whom the goods were delivered, or for whose department the work was done, shall be presented to the city manager weekly, and where correct, shall be paid immediately, and charged to the appropriate departmental grant or allocation. RSN1970 c40 s314; 1978 c45 s12 Back to Top Statistics 299. The overseer, inspector, or person in charge of labour in each department shall provide daily returns to the city engineer, stating the number of persons at work in his or her department, the nature of their employment, and the number of working hours each day. RSN1970 c40 s315 Back to Top Weekly statistics 300. The city engineer shall consolidate the daily labour sheets of each week and, having certified them to be correct, shall present them to the council for payment. RSN1970 c40 s316 Back to Top Borrowing money 301. Except as provided in section 86 in relation to local improvements, the council may not borrow on the credit of the city unless authorized to do so by the Minister of Municipal and Provincial Affairs. RSN1970 c40 s317; 2002 c8 s3 Back to Top Councillors liable 302. Where a debt is incurred or money is spent by the council or under its authority beyond the amount authorized by the Minister of Municipal and Provincial Affairs, the members of the council voting for it shall be jointly and individually liable to a person who sues for it. RSN1970 c40 s318; 2002 c8 s3 Back to Top Limitation of liability 303. A member of the council shall not be liable under section 302 after 12 months from the date the debt is incurred or of the expenditure is made. RSN1970 c40 s319 Back to Top Petition for investigation 304. Upon petition to the Lieutenant-Governor in Council by the mayor, by the council, or by 10 ratepayers of the city alleging that there is need of an impartial investigation of the finances and administration of the city, the Lieutenant-Governor in Council may appoint a commission of 3 persons to investigate its finances and administration. RSN1970 c40 s320 Back to Top Commission of investigation 305. (1) The commission appointed under section 304 shall hold office for the time that the Lieutenant-Governor in Council may decide, and may receive the compensation, and may spend those sums for offices, clerks, accountants and experts that the Lieutenant-Governor in Council may direct. (2) The expenditures referred to in subsection (1) shall be paid out of the funds of the city. RSN1970 c40 s321 Back to Top Report of commission 306. The commission appointed under section 304 shall investigate the finances and administration of the city, and shall report to the Lieutenant-Governor in Council and the council its findings and conclusions with the recommendations for legislation or otherwise that it considers appropriate. RSN1970 c40 s322 Back to Top Powers of commission 307. The commission appointed under section 304 shall have power to require the attendance and testimony of witnesses, and the production of books, papers, contracts and documents relating to matters within the scope of the investigation. RSN1970 c40 s323 Back to Top Referendum 308. (1) The council may, (a) upon the petition of not less than 10% of those persons registered on the voters' list during the last preceding municipal election who are, at the time of the petition, qualified to vote under the St. John's Municipal Elections Act, or (b) upon a majority resolution of the council, provide for the holding of a referendum on a question of expenditure, work, improvement, town planning, taxation or a matter affecting the improvement or advancement of the city or on which the council considers it desirable to obtain the views of the electors. (2) The St. John's Municipal Elections Act applies to a referendum held under subsection (1), where it is reasonably applicable. (3) Notwithstanding subsection (2), the council may prescribe the number and location of polling places for a referendum. 1978 c45 s13 Back to Top Borrowing money 309. With the authorization of the Minister of Municipal and Provincial Affairs, the council may borrow money for the acquisition of land or buildings for a lawful municipal purpose, for the construction of streets and sidewalks, for the extension and improvement of the water and sewerage systems, for the erection of bridges, and for other purpose authorized by this Act. RSN1970 c40 s326; 2002 c8 s4 Back to Top Borrowing for interim financing 310. Notwithstanding anything to the contrary contained in this Act or another Act, the council may, without the approval of the Minister of Municipal and Provincial Affairs, borrow money from a chartered bank in Canada for the interim financing of the council for a purpose authorized by this Act, but the total borrowing of council under this section shall not exceed $1,500,000. 1975-76 No72 s6; 2002 c8 s5 Back to Top Recovery of taxes 311. All taxes, rates, assessments, dues and licence fees payable under this Act shall be recoverable before a Provincial Court judge or in a court of record by action at the suit of the city. RSN1970 c40 s327 Back to Top Procedure 312. Where the council wishes to recover arrears of taxes or assessments by suit in the Trial Division in respect of property of which there are or may be more than 1 owner, and of the owners the names of some may not appear on the books of appraisement or some or all may be out of the jurisdiction, the council may proceed as follows: (a) it shall be sufficient to name as defendants only those owners whose names appear on the books of appraisement, whether the owners are within or out of the jurisdiction and no objection shall be taken on account of the non-joinder of the others of them; (b) service of the statement of claim need only be effected on the defendants named in the statement of claim and who are within the jurisdiction, but nothing in this section shall operate to prevent defendants being added under the Rules of Court; (c) where none of the named defendants is within the jurisdiction, service of the statement of claim may be effected by serving it on the agent within the jurisdiction entrusted with the collection of the rental of the property; (d) where an agent cannot be found, service may be effected by affixing a copy of the statement of claim to the door or some other conspicuous part of the property and serving the occupier with another copy and by publishing an advertisement in accordance with paragraph (1)(f); (e) where it is uncertain who are the owners of the property it shall be sufficient to name as defendants in the statement of claim "The owner of the dwelling No ................, Blank Street , St. John's ," and service may be effected as provided in paragraph (1)(d); (f) in the cases referred to in paragraphs (1)(d) and (e) the council shall insert an advertisement to be inserted twice in a daily newspaper published in St. John's identifying the property, the nature of the claim and the amount claimed, and setting out that service has been effected in the manner provided in paragraph (1)(d); and (g) a suit so started may be prosecuted to judgment and enforced against all persons who are owners of the property by foreclosure or sale of the property. RSN1970 c40 s328; 1986 c42 Sch A Back to Top Proceedings in city name 313. All actions, arising out of a contract or in tort, by or against the council may be taken in the name of the city. RSN1970 c40 s329 Back to Top Rep. by 1995 cL-16.1 s30( 3) 314. [Rep. by 1995 cL-16.1 s30( 3)] 1995 cL-16.1 s30( 3) Back to Top Rep. by 1995 cL-16.1 s30( 3) 315. [Rep. by 1995 cL-16.1 s30( 3)] 1995 cL-16.1 s30( 3) Back to Top Public nuisances 316. (1) In this section, "public nuisance" includes buildings or erections erected or constructed and excavations made and all matters and things done or created in contravention of this Act, or of an order, rule, regulation or by-law made by the council under this Act. (2) A Provincial Court judge shall, upon complaint of the city or a person, and after hearing the party complained of, or, in default of his or her appearance, upon being satisfied that the party has been summoned for that purpose, or that a summons for that purpose has been left in or upon the house, building, erection, excavation, matter or thing, complained of, make an order for the abatement of the nuisance, and shall provide the assistance of peace officers and others that may be necessary for that purpose. (3) A person who commits or continues a public nuisance is liable upon summary conviction to a fine not exceeding $100 together with a fine of not more than $5 for every day during which the nuisance continues, to be levied with costs and expenses, including those of the removal of the nuisance, by warrant of distress of the Provincial Court judge upon the goods an chattels of the defendant. (4) A building which by this Act or by or under a rule regulation or order made under this Act is ordered to be demolished shall be a public nuisance and may be abated in accordance with subsection (1). RSN1970 c40 s332 Back to Top Substituting officials 317. Where an official under this Act is unable, because of absence, illness or another cause, to exercise or perform his or her duties, the council may appoint a qualified person to exercise the powers or perform the duties of that office for the period that may be necessary. RSN1970 c40 s333 Back to Top Power to appoint employees 318. (1) The council shall have power to employ and appoint and fix the salaries of those officers and employees that may be necessary to carry out this Act. (2) Officers and employees of the council shall hold office during the pleasure of the council or for the time that may be fixed by agreement. RSN1970 c40 s334 Back to Top Transfer after annexation 319. Where the area of the city has been changed the council shall be subject to section 434 of the Municipalities Act . 1981 c50 s6; 1992 c48 s6 Back to Top Appointments exclusive 320. An officer appointed by the council, except the solicitor or medical officer, shall not engage in another business or occupation. RSN1970 c40 s335 Back to Top Conflict of interest 321. An official or employee of the city shall not be a contractor with the city, or shall not be interested in or become surety for the performance of a contract with or work for the city, under penalty of instant dismissal. RSN1970 c40 s336 Back to Top Duties of officials 322. The council may prescribe the duties and functions of a city official, except where those duties and functions have been prescribed by this Act. RSN1970 c40 s337 Back to Top Non-liability of employees 323. An official or employee acting in the discharge of his or her duties under this Act shall not render the city, the council or himself or herself liable for damage that may accrue to persons or property as a result of an act authorized by this Act. RSN1970 c40 s338 Back to Top Board appointments 324. All members of the St. John's Transportation Commission, the St. John's Traffic Commission, the Quidi Vidi Park Commission, the St. John's Playgrounds Committee and the St. John's Zoning Appeal Board, shall be considered to be appointed for a period of 1 year only starting on January 1 in each year and shall retire from office on December 31 in every year and a member may be reappointed. RSN1970 c40 s339 Back to Top City clerk 325. The Lieutenant-Governor in Council may appoint the city clerk to be a justice of the peace within the limits of the city. RSN1970 c40 s340 Back to Top Powers of clerk 326. The city clerk shall have power with the assent of the council to take part in all debates of the council or its subcommittees, but shall not be allowed to vote, or move, or second a resolution. RSN1970 c40 s341 Back to Top Duties of clerk 327. It shall be the duty of the city clerk (a) to attend all meetings of the council and its subcommittees and to keep the minutes of those meetings except where he or she is directed to leave a meeting by the council, in which case the presiding officer at the meeting shall appoint some other person to keep the minutes; (b) in the absence of the city manager, to countersign all cheques and to see that no payments are made except those authorized by the council, or this Act, and certified for payment by the Comptroller or financial supervisor. (c) to have under his or her supervision the officials of the tax, assessment, and collecting departments and the city appraisers or assessors and to see that all orders of the council in regard to the department are carried out, and to report a dereliction of duty on the part of the officials of those departments; (d) to see that all books of accounts directed by the council to be kept by and of the officials of the tax, assessment and collecting departments are correctly kept and submitted for audit upon request and to collect, receive and safely keep all money belonging or accruing due to the city and to pay out the money only to the persons and in the manner that is directed by this Act or by the laws or resolutions of the council; (e) to enforce the collection of the ground landlord's tax, fuel oil tax, and all rates, dues, rents, fees or another amounts payable to the city on the due dates and in the manner provided in this Act or an agreement concerning the collection of taxes and to be the officer whose particular duty it shall be to provide all bills for materials sold by the city or for services provided by the city; (f) to submit to the council at each weekly or monthly meeting a summary of all the amounts received since the last period of accounting, showing the source from which the amounts have been received and a comparison with a similar period in the previous year; (g) to see that all funds received in the course of each day shall be deposited in the name of the city in the bank designated by the council before noon of the next day; (h) to collect a fee of not less that $1 or an amount agreed upon by the council for certificates which may be demanded under subsection 281(5) and to charge, subject to revision by the council, for particulars concerning indebtedness for ground landlord's tax which may be required by mortgagees or their agents or persons other than those designated as owners on the appraisement rolls; (i) to receive all payrolls and after the comptroller or financial supervisor has certified them and reported upon them, where necessary, to present them to the council for approval and to make payments to those entitled to receive payment; (j) to receive from the comptroller or financial supervisor all accounts payable after certification by either of them together with the comments that may be made and submit them to the council and after approval, pay those entitled to receive payment; (k) to submit in conjunction with the comptroller or financial supervisor at intervals as required by the council a summary of all amounts received since the last period of accounting, showing the source from which the amounts have been received and a comparison with a similar period in the previous year; and (l) to perform those other duties that he or she may be called upon to perform by the council. RSN1970 c40 s342; 1978 c45 s14; 2012 c26 s13 Back to Top City manager 328. (1) The council may appoint a city manager who shall perform the duties and have the powers that the council may by resolution, assign to him or her. (2) The city manager holds office during pleasure. (3) The city manager shall be paid the annual salary that the council shall determine. 1977 c57 s6 Back to Top Removal etc. of officials 329. (1) Notwithstanding subsection 328(2), the city manager, the city clerk, the city comptroller, the city planning officer, the city engineer and the city solicitor (a) may be dismissed by the vote of a majority of the total number of members of council; (b) may be retired in accordance with a pension scheme established by council where he or she qualifies under it; or (c) may be suspended by the council where it finds that he or she is guilty of misconduct in the performance of his or her duties or the exercise of his or her powers. (2) An officer of the city referred to in subsection (1) may be suspended by the council from performing his or her duties or powers pending his or her dismissal or for the periods that the council thinks appropriate and the official is not entitled to receive his or her salary during the period of suspension unless on appeal from the decision of the council the officer's suspension was found to be unwarranted. (3) The council shall not vote on the dismissal or suspension of an officer of the city referred to in subsection (1) unless (a) a written notice of motion, signed by the members of council who intend to propose and second it, has been deposited with the city clerk; (b) the notice of motion contains the reasons for suspending or terminating the services of the officer concerned; (c) the notice of motion has been deposited with the city clerk and a copy of it served on the officer concerned at least 7 clear days before the date of the meeting of the council at which the motion is to be considered; (d) the notice of motion has been served on the officer concerned either by personal service or by leaving it at his or her last known address, and an affidavit of that service completed by the server and filed with the city clerk; and (e) the motion is brought forward for consideration at a private meeting of the council unless the officer concerned requests in writing that it be dealt with at a public meeting. (4) An officer referred to in subsection (1) in respect of whom a notice has been given under subsection (3) shall be given ample opportunity to present his or her views on the motion and is entitled to be represented by counsel at the meeting of the council at which the motion is considered and to call witnesses and present the documents that he or she considers appropriate. 1977 c57 s6; 2001 c42 s8 Back to Top Preservation of documents 330. (1) The following provisions shall apply to the preservation of documents and records of the city: (a) the main ledgers and appraisement rolls shall be preserved indefinitely; (b) all documents and records relating to questions of principle or precedent and all documents and records of an archaeological, historical or other interest shall be preserved indefinitely; (c) all account books, registers and final accounts and statements relating to income and expenditure and fund accounts shall be preserved for a period of 21 years and may be destroyed at the expiration of that period; and (d) all documents and records, including vouchers to accounts and paid cheques, shall be preserved for a period of 7 years and may be destroyed at the expiration of that period. (2) For the purpose of subsection (1), preservation of documents and records may be in microfilm form from the original, after which the original may be destroyed, and the microfilm form shall be considered to have the same effect as if it were the original. RSN1970 c40 s343; 1980 c28 s4 Back to Top City comptroller 331. The council may appoint a city comptroller and it shall be the duty of the city comptroller except as otherwise provided (a) to attend meetings of the council when required to do so; (b) to have under his or her supervision the officials of the accounting department and to keep all books and accounts other than those required to be kept by the city clerk, and to see that all orders of the council in regard to the books and accounts are carried out, and to report a dereliction of duty on the part of the officials of the accounting department; (c) to devise the forms that he or she considers necessary for properly identifying and recording all requisitions, purchase orders, materials, stores, payrolls, vouchers, accounts payable, account books, records, documents and the like; and to approve for use by departments of the city all forms and accounting records; (d) to examine all payrolls, accounts payable, contracts and demands for payment, and when satisfied that they are in order and authorized by unexpended appropriations shall certify them, for submission to the council for payment; (e) to advise the council concerning balances of appropriations as provided in section 290, 291 and 292 and when the appropriations are exhausted to withhold certification of all demands for payment until a transfer of available unexhausted balances from other appropriations are made by the council; (f) to submit to the council, in conjunction with the city clerk, a monthly statement of revenues and expenditures and a summary of all amounts spent since the last period of accounting and a comparison with a similar period in the previous year; (g) to obtain from the city clerk, the city engineer and other officers, not later than December 1 in every year, in a form to be prescribed by the city comptroller, a detailed schedule of estimated expenditures for the next year; (h) to obtain from the city clerk and other officers not later than December 1 in every year in a form to be prescribed by the city comptroller, the estimated revenues for the next year together with recommendations for alterations in the taxes, rates, assessments, dues or licence fees that are considered necessary; and (i) to consolidate the estimates of expenditure and revenue required by paragraphs (g) and (h) and submit those estimates to the council not later than December 15 in every year. RSN1970 c40 s344 Back to Top City planning officer 332. The council may appoint a city planning officer, who shall be a person trained in city planning, architecture or engineering, and sociological investigation and it shall be the duty of the city planning officer (a) to advise upon all city planning matters within the municipality; (b) to co-operate with all other officials of the council in the preparation of a general development plan of the city and its environs for the control of present and future development; (c) to advise the council and the town planning commission in connection with all local developments and sub-divisions; (d) to devise schemes and advise upon schemes for the elimination of slums and substandard housing, the rehousing of the population, the design and placing of public buildings, public open spaces, monuments, public utilities and streets; (e) to advise upon control over the use of land; (f) to attend meetings of the council at the request of the council, and to attend meetings of the town planning commission and a committee of citizens appointed to assist the council in planning matters, and to advise those bodies; and (g) to carry out the social and economic investigations that are necessary in connection with improvement schemes. RSN1970 c40 s345 Back to Top City engineer 333. It shall be the duty of the city engineer (a) to attend all regular meetings of the council and other meetings that he or she may be required to attend, with the right to take part with the assent of the council in the debates on matters relating to his or her department, but not to move or to second a resolution or to vote, but the council may where it is considered expedient, direct that the city engineer leave a meeting; (b) to prepare and present to the council weekly, or when required, reports of the waterworks, roads, sewage, sanitary and plumbing departments, as to the work done and the cost of the work, with suggestions and recommendations for future work; (c) to prepare and present to the council, not later than December 15 of each year, an itemized estimate of the financial needs of the departments referred to in paragraphs (a) and (b) for the next year, and of sums which may be required for other public works that he or she considers necessary; (d) to manage and have charge of the construction, improvement, repair and maintenance of streets, sidewalks, bridges, water and sewage systems and all other city works, buildings and properties and of all premises and equipment belonging to or used in connection with the departments under his or her charge; (e) to oversee the carrying out of this Act and of rules, regulations and by-laws made under this Act with reference to matters coming within the scope of the departments under his or her charge and to report to the council breaches of this Act or the rules, regulations and by-laws made under this act that come to his or her knowledge; (f) to make and preserve a complete set of maps and plans of the city showing the location of all buildings and erections, the official street line and grade with reference to a permanent bench mark, the position of all hydrants, fountains, manholes, gutters, etc., and also a contour map drawn to at least 1.66 metres contours together with cross sections of streets showing position and depth of all sewers, conduits, water and gas pipes with scours and valves, and to plot upon plans additions and alterations when made; (g) to engage and discharge all casual labour required in his or her departments and to suspend for cause superintendents, assistant superintendents, supervisors, mechanics, labourers, and clerks under his or her control in the employ of the council, but shall report in writing to the next meeting of the council the reason for the suspension; (h) to keep a book, to be known as the "costs book", recording estimates made by him or her, the allocations of the council to defray the cost of work directed to be performed, and the actual expenditure upon the work and lay the book before the council at each regular weekly meeting; (i) where the council has decided upon the undertaking of work, to prepare plans and estimates of the work, and submit the plans and estimates to the council before proceeding to the execution of the work; (j) to issue permits for all persons or corporations requiring to dig in, or upon, or otherwise obstruct the public streets for a lawful purpose, and to see that the streets are restored to their original condition, in accordance with this Act, or by-laws made under this Act; (k) to inspect a work during its erection, alteration, or repair and where the building has been erected, altered, or repaired in accordance with the plans as approved by the city engineer, and with the requirements of this Act or of a by-law passed under this Act to issue a certificate to that effect but in the case of a newly erected building the certificate shall take the form, as in Schedule D, of a permit to occupy the building; and (l) to perform those other duties that may be prescribed by this Act or ordered by the council. RSN1970 c40 s346; 1975 No66 s14 Back to Top Auditor general 334. The auditor general, upon the order of the Lieutenant-Governor in Council, has power to examine and audit the books of account of the council, and for that purpose the council, their clerks and employees, shall produce before him or her all the books, accounts, vouchers, correspondence and other documents, and provide the information that he or she requires for the purpose of the audit. RSN1970 c40 s347 Back to Top Report of auditor general 335. The auditor general shall make a report upon the accounts up to the close of the next preceding financial year and shall forward a copy of his or her report to the Lieutenant-Governor in Council. RSN1970 c40 s348 Back to Top Remuneration of auditor general 336. The amount of compensation to be paid to the auditor general shall be determined by the Lieutenant-Governor in Council and be paid by the council. RSN1970 c40 s349 Back to Top City solicitor 337. (1) The council shall appoint a solicitor who shall be a member of the law society of at least 5 years' standing to be the solicitor of the city. (2) The solicitor appointed under subsection (1) shall not be precluded from practising his or her profession and from being retained by other clients, subject to the requirements of his or her duties to the city. RSN1970 c40 s350 Back to Top Duties of solicitor 338. It shall be the duty of the solicitor (a) to give legal advice and assistance to the mayor and members of the council and the officials in the performance of the duties of their respective officers; (b) to attend all meetings of the council, when called upon to do so; (c) to prepare all legal documents required by the city; (d) to act as solicitor and counsel for the city in an action at law to which the city is a party, or which is conducted or defended on behalf of the city; and (e) to take charge of and manage all the legal business connected with the affairs of the city. RSN1970 c40 s351 Back to Top Duties of medical officer 339. It shall be the duty of the medical officer (a) to enforce all laws, rules, regulations and by-laws relative to the preservation and promotion of the public health of the city, the prevention and restriction of disease, and the prevention, abatement and suppression of nuisances endangering the public health of the city; (b) to keep a complete and accurate system of health statistics for the city in the manner that may be required; (c) in times of epidemic, or threatened epidemic, to enforce the quarantine and isolation regulations that may be appropriate to the emergency; (d) to report weekly to the council, or more often where necessary, all cases of infectious disease occurring in the city; (e) to inspect all dwelling houses which he or she has reason to believe are in a dilapidated or insanitary condition, and to order that the houses are to be abated as a nuisance or are to be repaired or cleansed; (f) to keep accurate records of the inspection of dwelling houses made by him, setting out (i) the situation of the dwelling house, (ii) the date when the dwelling house was inspected, (iii) the date of previous inspection, (iv) an action taken by the medical officer in respect to the building, (v) the result of an action so taken, and (vi) a further action which requires to be taken, and to submit a copy of the records to the council at the 1st regular meeting of the council in every month; (g) to regulate the location of stables or other buildings the use of which may be considered inimical to the public health, and where in his or her opinion necessary, to order the buildings to be abated as a nuisance; and (h) to visit, when requested by the mayor, an employee of the city absent from duty on the ground or plea of ill health, and to report as to the nature of the illness. RSN1970 c40 s352 Back to Top Refusal to comply 340. Where a person refuses or neglects to comply with the order of the medical health officer for abatement, he or she shall be liable on summary conviction to a fine not exceeding $10 and the Provincial Court judge shall provide the assistance of peace officers that may be required to have the nuisance abated. RSN1970 c40 s353 Back to Top St. John's Regional Fire Department 340.1 The St. John's Fire Department is continued as a firefighting force under the name of the St. John's Regional Fire Department under this Act. 1991 c35 s5 Back to Top Fire department 340.2 The council shall establish, operate and maintain the fire department which shall be composed of paid employees or partly of paid employees and partly of volunteers and acquire or provide fire halls, fire alarm systems, fire engines, hydrants and other apparatus and appliances for the purpose of fire fighting, the prevention of fire and for the carrying out of emergency services. 1991 c35 s5 Back to Top Staff 340.3 (1) The council shall appoint those officers, firefighters and other employees that are necessary for the proper functioning of the fire department. (2) The persons appointed under subsection (1) shall be responsible for the organization, training and operation of the fire department and for inspections and fire prevention, fire protection and emergency services within the city or those areas over which the fire department has jurisdiction. 1991 c35 s5 Back to Top Regulations re: management of fire department 340.4 (1) The council may make regulations with respect to the control and management of the fire department and, subject to the Fire Protection Services Act, for the fighting of fires, the prevention of fire in the city and the inspection of buildings in the city for fire prevention services. (2) In making regulations under subsection (1) the council may adopt the whole or a portion of the National Fire Code of Canada or another code, with or without modification and supplements or amendments to the Code, but where the city has been exempted from the application of section 8 of the Fire Protection Services Act, those codes and standards shall comply with the requirements of section 9 of that Act and shall be equivalent to or of a higher standard than the codes or standards adopted under section 8 of the Fire Protection Services Act . (3) Where the council has adopted the National Fire Code of Canada or another code, the code and supplements and amendments to the Code then in force shall be signed by the mayor and kept at the office of the council and shall be available for inspection by members of the public. 1991 c35 s5 ; 2008 cF-11.01 s38 Back to Top Regulations re members 340.5 (1) The council may make regulations (a) providing for the appointment, governing, regulating, clothing, equipping, lodging and paying of, making of allowances to and providing of medical attention, by the appointment and paying of medical officers or otherwise, for, the members; (b) regulating the residence, classification, rank, service, instruction and distribution of the fire department; (c) providing for the establishment of a trust fund or trust funds into which those (i) fines and forfeitures paid by members under this section or the regulations, (ii) fines, fees, commissions or other sums earned by or awarded or granted to members in connection with the performance of their duties, over and above their regular pay and allowances, and (iii) other sums that the council may specify shall be paid, and prescribing how that fund may be used or spent for the benefit of the members, former members, dependents of members or of former or deceased members; (d) providing for the orderly, disciplined, sober, honest, impartial, loyal, efficient, speedy, conscientious, obedient, secure, courteous and just performance of duties by members; (e) providing that a member who fails to comply with or otherwise contravenes the regulations made under this section is guilty of an offence; (f) prescribing what offences against regulations may be tried under the Provincial Offences Act and what offences may be dealt with under regulations made under paragraph (h); (g) prescribing penalties for failing to comply with or otherwise contravening the regulations made under this section, provided that, for an offence which may be dealt with under regulations made under paragraph (h), the penalty that may be imposed shall not exceed those specified in that paragraph; (h) providing for the summary trial, by a disciplinary tribunal of members charged with offences against the regulations, providing for the compulsory attendance of the accused and of witnesses and for administering oaths or affirmations and, subject to a specific restricted penalty that may be prescribed in regulations made under paragraph (g), providing for the imposition, upon conviction of that member for an offence, of (i) a fine not exceeding $100, (ii) suspension without pay, (iii) reduction in rank, (iv) loss of seniority, (v) reprimand , or (vi) dismissal ; (i) respecting the composition of a disciplinary tribunal referred to in paragraph (h); (j) providing for an appeal from a decision of a disciplinary tribunal constituted under the regulations; (k) providing for the maximum period, and the conditions of leave of absence, including sick leave, which may be allowed to members; and (l) generally , to give effect to the purpose of sections 340.1 to 340.24. (2) A person who is guilty of an offence under the regulations is liable to the penalty prescribed by the regulations. (3) An acquittal or conviction of a member under regulations made under paragraph (1 )( h) shall not be a bar to proceedings in a court in respect of an offence arising out of the same facts. (4) Without limiting the generality of subsection (1), the regulations shall provide that a member shall not (a) disobey or refuse to obey the lawful command of, or strike or threaten to strike, another member who is his or her superior in rank or is in authority over him or her; (b) abuse or maltreat another member who is his or her inferior in rank or over whom he or she is in authority; (c) conduct himself or herself by word or act in a traitorous or disloyal manner; (d) directly or indirectly receive or solicit a gratuity or reward without permission of the officer in charge of the fire department, or a bribe; (e) conduct himself or herself by word or act in a mutinous or insubordinate manner; (f) fail to account for, improperly withhold, misappropriate or misapply public money or property or property not being his or her own and coming into his or her possession in the course of his or her duty or because of his or her being a member; (g) divulge a matter or thing that it is his or her duty to keep secret; (h) make an anonymous complaint to the officer in charge of the fire department, or the mayor or a city councillor or other unauthorized person or group; (i) desert or absent himself or herself from duty without leave; or (j) attempt to commit, or aid, counsel or procure another person to commit an act specified in this subsection, and provision shall be made under paragraph (1)(e) with respect to constituting as an offence a failure to comply with or other contravention of a provision referred to in a paragraph of this subsection, and provision shall be made under paragraph (1)(f) that an offence shall be dealt with under paragraph (1)(h). (5) Without limiting the generality of paragraph (1 )( h), regulations made under that paragraph shall contain provisions for the preparation and service of written charges. (6) In respect of an offence dealt with under paragraph (1 )( h), (a) a written charge may allege more than 1 offence and shall contain (i) a separate statement of each offence of which the accused is charged, (ii) a statement of the particulars of the act, omission, conduct, disorder or neglect constituting each offence, and (iii) a statement of the place of the trial and the date and time of the trial, which shall not be less than 48 hours after service of the charge on the accused; (b) at the time and place appointed in the written charge the accused shall be brought before the disciplinary tribunal that is to try the offence; (c) the accused may plead guilty or not guilty, and where he or she refuses to plead, he or she shall be considered to have pleaded not guilty; (d) an accused may be represented and assisted at his or her trial by legal counsel or another member or other person; (e) an accused is not compelled to testify at his or her trial, but he or she may give evidence under oath or affirmation, and an accused who has not given evidence under oath or affirmation shall, at the conclusion of the case for the prosecution, be given an opportunity of making a statement to the presiding disciplinary tribunal; (f) an accused may call witnesses on his or her own behalf and may cross-examine witnesses called for the prosecution; (g) the rules of evidence shall be the same as those followed in proceedings under the Provincial Offences Act; and (h) the evidence of the witnesses shall be taken down and transcribed and a copy of the transcript shall be provided to the accused, where he or she requests one, within 48 hours after the passing of sentence. (7) A member of a disciplinary tribunal appointed under the regulations has all the powers that are or may be conferred on a commissioner under The Public Enquiries Act and a disciplinary tribunal is considered to be an "investigating body" for the purposes of The Evidence (Public Investigations) Act. (8) A member concerning whom proceedings are taken under regulations made under paragraph (1)(h) may be represented and assisted in those proceedings by legal counsel or another member or other person. (9) In this section "member" includes the firefighters and officers of the fire department. 1991 c35 s5 ; 1995 cP-31.1 s53 ; 1997 c13 s6 Back to Top Fire code 340.6 (1) A copy of the National Fire Code of Canada or other code, and supplements and amendments thereto, signed by the Minister of Municipal and Provincial Affairs shall be kept on record in the Office of the Fire Commissioner. (2) The copy of the National Fire 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 353.3, 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 Fire Code of Canada or other code signed under subsection (1). (4) A certificate of the minister that a document is a copy of the National Fire Code of Canada or other code or a supplement or amendment to the National Fire Code, or any extract of that code, is, in the absence of evidence to the contrary, proof thereof. 1991 c35 s5 ; 1997 c13 s6 Back to Top Agreements 340.7 The council may enter into agreements with other cities, municipalities, local service districts or persons for joint fire fighting and for the sharing of costs in relation to firefighting in the city and those other cities, municipalities or local service districts. 1991 c35 s5 Back to Top Fire alarms, etc. 340.8 The fire department may cause to be attached and fixed to a private or public building or structure, in a manner satisfactory to it, fire alarms, wires and fastenings that it considers necessary for carrying on the work of the department or staying the progress of or preventing fire. 1991 c35 s5 Back to Top Pulling down buildings 340.9 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 thereof, to be pulled down or removed. 1991 c35 s5 Back to Top Right re traffic 340.10 (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 in the city or those areas over which the fire department has jurisdiction. 1991 c35 s5 Back to Top Power to enter building 340.11 (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 any 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). 1991 c35 s5 Back to Top Other fire department 340.12 The officers or members of a fire department of another city, municipality, or person, that gives aid to the fire department in fighting a fire are responsible to the officers and members of the fire department while they are giving that aid. 1991 c35 s5 Back to Top Offences 340.13 (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 any engine, apparatus or appliance used by that 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 another means is guilty of an offence. 1991 c35 s5 Back to Top Association of firefighters 340.14 (1) The association representing the firefighters employed by the St. John's Fire Department before the coming into force of this section, is hereby recognized as the bargaining agent for those firefighters and this section and sections 353.15 to 353.24 apply to collective bargaining between the city and the association. (2) In this section and sections 353.15 to 353.24, "association" means the International Association of Firefighters, Local 1075. 1991 c35 s5 Back to Top Existing collective agreements 340.15 The collective agreement entered into between the government of the province and the association before the commencement of this section continues in full force and effect for the term set out in that agreement. 1991 c35 s5 Back to Top No strike 340.16 (1) A member of the fire department shall not strike. (2) For the purpose of this section "strike" includes a cessation of work or a refusal to work or to continue to work by members in combination or in concert or in accordance with a common understanding, or a slow-down or other concerted activity on the part of members designed to restrict or limit output. 1991 c35 s5 Back to Top Collective bargaining 340.17 (1) In this section and sections 340.19 and 340.20, "city negotiator" means an official of the city authorized by the council to bargain on behalf of the city under this section, and the city negotiator is considered, on behalf of the city, to be a party to the bargaining. (2) Where the council is requested in writing by a majority of the members of the fire department to direct the city negotiator to act under this section, the council shall so direct, and the city negotiator shall, within 60 days after receipt of the request by the council, (a) bargain with a bargaining committee of members of the fire department; and (b) make a reasonable effort to come to an agreement for the purpose of making an agreement in writing defining, determining and providing for (i) remuneration , (ii) grievance procedures, or (iii) working conditions for the members of the fire department, other than the officers. (3) Notwithstanding subsection (2), where 50% or more of the members of the fire department belong to an association, a request made under subsection (2) shall be made by that association, and subsection (2) shall apply to that request. (4) The members of a bargaining committee referred to in subsection (2) shall be members of the fire department, but, where subsection (3) applies, (a) the members of the bargaining committee shall be members of the association referred to in subsection (3); and (b) at meetings held for the purpose of bargaining under this Act, the bargaining committee may be accompanied by 2 members of the association who are members of the fire department and who shall attend in an advisory capacity only. (5) Nothing in this section prevents the bargaining committee of an association from containing a member of the fire department. (6) A bargaining committee under this section may, in addition to a person who may accompany it under subsection (4), be accompanied by a legal counsel and another adviser, and the city negotiator may be accompanied by those officers of the city that he or she considers advisable. 1991 c35 s5 Back to Top Duration of agreement 340.18 An agreement entered into under section 353.17 shall provide for the period for which the agreement is to remain in effect. 1991 c35 s5 Back to Top Board of arbitrators 340.19 (1) Where, after bargaining under section 353.17, the city negotiator or the bargaining committee is satisfied that an agreement cannot be reached, he or she or the committee may by written notice to the other party require all matters in dispute to be referred to a board of arbitrators, and those matters shall be settled by arbitration under this section. (2) A board of arbitrators under this section shall consist of a chairperson and 2 other arbitrators. (3) Where notice is given under subsection (1), the parties concerned shall each appoint an arbitrator. (4) Where either party refuses or neglects to appoint an arbitrator within 30 days after the date of the notice referred to in subsection (1), the council shall, upon the written request of the other party, appoint that arbitrator, and the 2 arbitrators appointed under subsection (3) and this subsection shall agree upon and appoint a 3rd arbitrator who shall be the chairperson of the board of arbitrators. (5) Where the 2 arbitrators referred to in subsection (4) fail to appoint the arbitrator who is to be the chairperson of the board of arbitrators after 7 clear days' notice in writing from either party to do so, the council shall, on the written request of either party, appoint that arbitrator. (6) Where both parties give notice under subsection (1) or (5), the date of the notice for the purpose of subsection (4) or (5), shall be the date of the 1st of those notices. (7) Each arbitrator shall, before entering upon 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 faithfully, truly and impartially, to the best of my knowledge and ability, execute and perform the duties of an arbitrator on the board of arbitrators appointed under section 340.19 The City of St. John's Act to ____________________________________ and will not, except in the discharge of my duties, disclose the evidence or other matter brought before the board." (Where an oath is taken, add "So help me God".). (8) Where an arbitrator, including an arbitrator who is appointed chairperson of a board of arbitrators, refuses to act, dies, resigns, or is unable to carry out his or her duties under this Act, the council may, and shall, upon the written application of either party, by order revoke the appointment of that arbitrator. (9) Where the arbitrator whose appointment is revoked under subsection (8) is not the chairperson, the council shall, by order, direct the party concerned to appoint another arbitrator and that party shall within 30 clear days after the date of the order appoint another arbitrator, but where that party refuses or neglects to appoint an arbitrator within the time limited, subsection (4) shall, with the necessary changes, apply. (10) Where the arbitrator whose appointment is revoked under subsection (8) is the arbitrator who was appointed as chairperson, subsections (4) and (5) respecting the appointment of the arbitrator who is to be chairperson shall, with the necessary changes, apply. (11) The revocation of the appointment of an arbitrator under subsection (8) shall not impair the right of the remaining arbitrators to act in conjunction with the arbitrator appointed to replace the arbitrator whose appointment has been revoked, and, where an arbitrator is appointed under subsection (8), that arbitrator shall proceed as if he or she had been a member of the board of arbitrators originally appointed. (12) The decision of the majority of the members of the board is the decision of the board. (13) Each party shall assume its own costs of the arbitration proceedings and shall share the cost of the 3rd arbitrator equally. (14) The costs payable by the city negotiator under subsection (11) shall be paid by the city. 1991 c35 s5 Back to Top Remuneration of board members 340.20 The council shall fix the remuneration of the members of the board of arbitrators and, where it orders the payment of that remuneration, fix and pay the remuneration of the city negotiator. 1991 c35 s5 Back to Top Time limits for proceedings 340.21 The board of arbitrators shall begin arbitration proceedings within 30 days after it is constituted and shall deliver the decision or award within 60 days after the beginning of the arbitration proceedings, but this latter period may be extended by written agreement of the parties concerned, in which event the decision or award shall be delivered within that extended period. 1991 c35 s5 Back to Top Duration of decision or award 340.22 The board of arbitrators shall, in its decision or award, provide for the period for which the decision or award is to remain in effect. 1991 c35 s5 Back to Top Duration of agreements 340.23 (1)An agreement made under section 340.17 shall remain in effect after the period provided for under section 353.18 until replaced by a new agreement, decision or award. (2) A party to bargaining that has resulted in an agreement, decision or award may, at any time after a date not sooner than 3 months before the expiration of the period referred to in section 340.18 or 340.22, proceed under section 340.17 or 340.19 for a new agreement, decision or award, to take effect not sooner than immediately upon the end of the period, but not with retroactive effect. (3) Where both parties to bargaining that has resulted in an agreement, decision or award agree in writing, either party to that bargaining may at any time during the period referred to in section 340.18 or 340.22 proceed under section 340.17 or 340.19 for a new agreement, decision or award, to take effect before the end of that period, but not with retroactive effect. 1991 c35 s5 Back to Top Legislative implementation 340.24 An (a) agreement made under section 340.17; or (b) award or decision of a board of arbitrators under section 340.21 shall not provide, directly or indirectly, for the alteration or elimination of an existing term or condition of employment or the establishment of a new term or condition of employment the alteration or elimination of which or the establishment of which, would require or have the effect of requiring the making or passing of a regulation or by-law, except for the purpose of appropriating money required for its implementation. 1991 c35 s5 Back to Top Sanitary supervisor 341. It shall be the duty of the sanitary supervisor (a) to oversee the carrying out of this Act, and all rules, regulations, and by-laws having reference to the scavenging of the city, or the abatement of nuisance in connection with the scavenging of the city, and to prosecute, subject to the permission of the council, all persons who have committed offences against the city; (b) to employ the required number of persons (i) for the collection of ashes and garbage, and (ii) for the sweeping, cleaning and watering of the streets, gullies and drains; (c) to report to the council at each weekly meeting upon the work of his or her department during the previous week stating the number of persons at work, the number of loads of garbage collected, and the other particulars that may be required of him or her; and (d) to perform other duties that may be assigned to him or her by this Act or by the council. RSN1970 c40 s354 Back to Top Impounder 342. (1) It shall be the duty of the impounder and he or she shall have power (a) to seize and impound dogs or other domestic animals which may be found straying or at large in a street or public place or park of the city, including Bowring Park, or in an open field or common from which free access can be had, and to enter a premises for the purpose of capturing an animal found straying or at large or recapturing an animal which escapes from his or her control; (b) to deal with animals impounded according to the following rules: (i) an animal that has been seized by the impounder may, with the permission of the city clerk, be immediately destroyed, (ii) an animal that has been seized by the impounder and is in his or her opinion so diseased or injured or is in such a physical condition that it ought to be destroyed, or the keeping of which within the city limits is prohibited, shall be immediately destroyed, (iii) when an animal has been impounded, the impounder shall notify the city clerk or the other official of the council that has the care of the matters and the clerk, or other official, shall make a record of the impounding in a book to be kept for that purpose and the council may advertise that the animal has been impounded, (iv) the owner may recover the animal impounded on proof of his or her ownership of the animal that the impounder may require and upon payment of the impounding fees and expenses together with the registration fee for the current year where it is not paid, and (v) the impounder shall keep an unclaimed animal in the pound for the period, not exceeding 1 week, that he or she considers appropriate, and after the expiration of that period, shall either sell the animal by public or private sale, and after deducting the fees and expenses of impounding and sale and compensation for damage done by the animal to property of the city, pay the balance to the city clerk, or shall destroy the animal; (c) to report daily to the city clerk and to be subject to his or her direction; (d) to have and use a tranquillizer gun for the seizure of animals under this section, subject however to the prior written consent of the city clerk or his or her authorized agents in that behalf for each and every use; and (e) to perform the other duties that may be assigned to him or her by the council. (2) The superintendent of Bowring Park shall have all the powers of the impounder relative to the seizure and recapture of animals at large within the boundaries of the park and may detain the animals in the park or elsewhere for the time that may be reasonably necessary to enable him or her to hand them over to the impounder. (3) In the absence of the superintendent the powers described in subsection (3) shall be exercisable by his or her nominee being a Bowring Park employee. RSN1970 c40 s355; 1975 No66 s15 Back to Top Pension schemes 343. (1) The council is empowered to (a) establish a fund for the pensioning of officials and employees of the council and of mayors, deputy mayors or councillors who have served as mayors, deputy mayors or councillors for not less than 2 terms in the aggregate and cease to be mayors, deputy mayors or councillors; and (b) make grants from the general funds of the city for the purpose of paragraph (a). (2) Pension schemes may be brought into operation by by-law and may be either on the contributory or on the non-contributory principle, and the council may enter into the arrangements with insurance companies and other companies in connection with pension schemes that it considers advisable. RSN1970 c40 s356; 2009 c12 s1 Back to Top Insurance plans 344. The council may provide insurance plans of various kinds, including liability, life and health, accident and sickness for members of council and may make the grants from the general funds of the city that may be required for that purpose and the council may enter into arrangements with insurance companies and other companies in connection with insurance plans that it considers advisable and the insurance may be either on the contributory or on the non-contributory principle. 1975-76 No72 s7 Back to Top Pensionable service 345. (1) The years of pensionable service as a civil servant of an official who has entered or enters the employ of the city directly from employment as an established civil servant shall be added to his or her years of service in the employ of the city for the purposes of pension payable by the city. (2) Notwithstanding subsection (1), a person who (a) before becoming an employee of the council was an established civil servant and a contributor to a public service pension plan relating to established civil servants, and (b) would, on becoming an employee of the council after July 2, 1973, be entitled to be credited with the whole or part of his or her years of contributing service under a public service pension plan as an established civil servant, is not entitled to have paid for him or her by the council, nor shall the council pay, into the pension fund of the city or on behalf of that employee a contribution for past contributory service of the employee as an established civil servant. (3) The obligation of the council to make contributions to the pension scheme of the city in respect of employees described in subsection (2) begins with the date the employee becomes an employee of the council and liable to contribute to the pension fund of the city and does not bind before that date or otherwise. RSN1970 c40 s358; 1977 c57 s7 Back to Top Dwellings 346. A building which at the time of the passing of this Act is not a dwelling shall, where later converted or altered to that use, becomes subject to the provisions of this Act relative to dwellings. RSN1970 c40 s359 Back to Top Alteration of dwellings 347. A dwelling shall not be altered so as to be in violation of this Act. RSN1970 c40 s360 Back to Top Use of buildings 348. (1) It shall not be lawful to use a building, in whole or in part, for another purpose than that set out in the application for erection, alteration or repair of the building, or to change the use of a building, unless application is made to, and permit given for that change by the council. (2) An owner of a building who contravenes subsection (1) shall be liable to a fine of not less than $1 nor more than $5 for every day during which the unauthorized change in the use of the building continues. (3) Notwithstanding subsection (2), where the unauthorized change is made by an occupier without the knowledge and consent of the owner the latter shall be entitled to claim over against the occupier for all expenses and penalties incurred by the owner in consequence of the offence. RSN1970 c40 s361 Back to Top Zoning by-laws 349. (1) The council (a) shall have power by by-law to prohibit the use of land or the erection or use of buildings within a defined area or abutting a street or part of a street except for the purposes that may be set out in the by-law; and (b) may define land within an area or abutting on a street or part of a street by the use of maps to be attached to the appropriate by-law, and the information shown on the maps shall form part of the by-law to the same extent as if set out in the text of the by-law. (2) A by-law passed under this section shall not apply to land or a building which on the day the by-law is passed is erected or used for a purpose prohibited by the by-law so long as it continues to be used for that purpose, nor shall it apply to a building the plans for which have been approved by the city engineer before the date of the passing of the by-law, while it is used for the purpose for which it was erected. (3) Subsection (2) or a by-law passed under subsection (1) shall not exempt or be considered to have exempted from the prohibition, operation or application of a by-law land, a building or a use which, on the day the by-law is passed, is or was erected or used or carried on contrary to law for a purpose prohibited by the by-law. (4) A by-law passed under this section shall not come into force or be repealed or amended unless at least 5 of the 8 councillors vote in favour of the resolution. (5) A by-law passed under this section may be framed so as to apply to areas and highways within 1.6 kilometres outside the city limits in a direction as well as to areas and highways within those limits. (6) The council may appoint a board to be known as the Zoning Appeal Board consisting of those members appointed by the council and the board shall hear and determine appeals in respect of the use of land or buildings within the city or within 1.6 kilometres of the limits of the city the use of which is restricted or otherwise controlled by a by-law of the city. (7) The board appointed under subsection (6), after notice and hearing and upon the terms and conditions that it shall fix, may, by order, cancel, or vary in whole or in part, the restriction on land. (8) An order under subsection (7) shall not become effective unless confirmed by a resolution of the council approved by at least 5 councillors. (9) Meetings of the board shall be held at the times that it may determine and the board shall adopt its own rules of procedure and keep a record of its proceedings. RSN1970 c40 s362; 1971 No14 s2; 1971 No70 s6 Back to Top Light and ventilation 350. A building shall have sufficient light and ventilation for the purpose for which it is to be used, and in the determination of the sufficiency of light and ventilation, consideration shall be given to the possible construction on adjacent lots of buildings authorized by the building regulations. RSN1970 c40 s363 Back to Top Authority of limit 351. (1) Notwithstanding another Act, the Newfoundland and Labrador Housing Corporation or a body designated by the Lieutenant-Governor in Council may, with the approval of the Lieutenant-Governor in Council and without the consent of the council, develop, service and lay out as building lots and permit building in an area of land which is outside the city limits but within 4.8 kilometres of those limits and may, with the approval of the Lieutenant-Governor in Council, make regulations providing for (a) the zoning of that land; (b) the division of the area into zones; (c) the type, class and minimum cost of buildings to be erected within those zones; (d) the uses to which buildings in different zones may be put; (e) the position of buildings in relation to street lines and to the front, side and rear lines of lots and to other buildings; (f) the orientation of buildings in relation to light and sunshine; (g) the height of buildings; (h) the size of building lots; (i) the percentage of a building lot which may be covered by buildings; (j) the use to which land in different zones may be put; and (k) the issue of permits to build or to rebuild or repair buildings in the area and prescribing the conditions under which permits may be granted, cancelled or suspended and prescribing different conditions in respect of different buildings or different classes of buildings. (2) The Newfoundland and Labrador Housing Corporation or another body designated under subsection (1) may in addition to or instead of the regulations made under that subsection adopt and constitute as regulations by reference to it the provisions of the National Building Code of Canada with or without modifications and a certificate of the Minister of Municipal and Provincial Affairs that a document is a copy of the National Building Code of Canada or an extract from it is without further proof, presumptive evidence of the context of that Code or extract from it. (3) Regulations made under this section shall not apply to land or a building which at the date of the passing of the regulations is used or erected for a purpose prohibited by the regulations so long as it continues to be used for that purpose. (4) Regulations made under this section may prohibit the reconstruction of an existing building in a more permanent form, and may provide for the extinction of an existing building in case the building should be damaged by fire or other disaster or decayed to a point where repairs or restitution will cost more than 50% of the value of the building at the time with depreciation to that time and for the destruction and removal of the building at the direction of the Newfoundland and Labrador Housing Corporation or other body and may empower the Newfoundland and Labrador Housing Corporation or other body to destroy and remove the building and collect the cost of destruction and removal as a debt due by the owner of the building to the Newfoundland and Labrador Housing Corporation, or other body. (5) Regulations made under this section may provide penalties for a breach of the regulations. (6) For the purpose of more effectually developing an area referred to in subsection (1) the Lieutenant-Governor in Council may vest in the Newfoundland and Labrador Housing Corporation or other body the powers vested in the Newfoundland and Labrador Housing Corporation under the Newfoundland and Labrador Housing Corporation Act. RSN1970 c40 s364 Back to Top Traffic causes prohibition 352. The council shall have power to (a) prohibit the erection, alteration, conversion, or change of use of a building for use for a purpose which, in the opinion of the council may necessitate or bring about resort to the building or the premises on which it is located by persons in motor vehicles in the numbers that traffic congestion may result in the vicinity of the building; or, (b) in the discretion of the council, to require the owner of the building to provide at all times during the use of the building for a purpose contemplated by this section, a private off-street parking area or lot on or attached to or in close proximity to the land on which the building is located for use free of charge by persons resorting to the building for the purpose of the parking of motor cars. RSN1970 c40 s365 Back to Top Exemption re industrial enterprise 353. The provisions of this Act or of a rule, regulation, or by-law made under this Act relating to (a) the granting of a permit for or the regulating, restricting, or prohibiting of the location, construction, erection, repair, equipment, occupancy, change of use, removal, or demolition of buildings; (b) or to the positioning of buildings in relation to streets or proposed streets and existing buildings; (c) the development or subdivision of lands; (d) the opening of streets; or (e) to the defining or creating of fire districts and the application to the fire districts of special regulations, do not apply to a building erected or to be erected within 1.6 kilometres of the limits of the city for the purpose of establishing or developing an industrial enterprise or for a purpose related to an industrial enterprise by the government of the province or by another person where the Lieutenant-Governor in Council by order provides that these provisions do not apply to an industrial enterprise named in the order. RSN1970 c40 s366 Back to Top Prevention of inferior building 354. (1) The council shall have power to prevent the erection on a street of a building inferior in general character to other buildings on the same street. (2) The council may, in its sole discretion, refuse to issue a permit for a building or an extension or an alteration or repair of a building the size, design or appearance of which, or the location of which is, in the opinion of the council, unsuitable for the locality in which it is proposed to be erected or constructed or inferior in general character to other buildings in that locality. (3) For the purpose of this section and a by-law enacted under this section, "design" includes general appearance, size, shape and massing, texture and maintenance qualities of exterior materials, landscaping, relationship of building or structure to its site, and other matters relating to the nature of the exterior design. 1975-76 No72 s8 Back to Top Heritage preservation 355. (1) The council may, by by-law, designate buildings, structures, lands or areas in whole or in part, as heritage buildings, structures, lands or areas for the purpose of preserving evidences of the city's history, culture and heritage for the education and enjoyment of present and future generations. (2) A building, structure, land or area designated by the council shall not be demolished or built upon nor shall the exteriors of the building or structure be altered, except with the approval of the council. (3) In exercising the power under this section, the council shall have regard to the following considerations: (a) the need of preserving heritage buildings, structures, lands or areas that collectively represent a cross-section of all periods and styles in the city's historic and cultural evolution; (b) the costs and benefits of the preservation; and (c) the compatibility of preservation with other lawful uses of the buildings, structures or lands. (4) The council may by by-lay, establish a Heritage Advisory Committee, whose members shall serve without remuneration and who shall advise the council on those matters coming within the scope of this section that may be referred to the committee by the council and, in particular, may make recommendations to council respecting designation of heritage buildings, structures, and lands and the demolition, preservation, alteration or renovation of those buildings, structures and lands. (5) In the by-law establishing the Heritage Advisory Committee there shall be set out: (a) the composition of the committee and the manner in which council shall appoint the members; and (b) the procedures governing the committee. (6) The council shall include in its annual budget the sums that may be necessary to defray the expenses of the Heritage Advisory Committee. (7) The council may withhold a permit respecting the application for demolition of a building for a period not exceeding 90 days pending the enactment of a by-law under this section, and where a by-law is enacted within that period, the application shall stand refused; and compensation shall not be payable with respect to a loss or damage suffered by the refusal. (8) Where a by-law referred to in subsection (7) is not enacted within the period of 90 days, then the permit may be issued subject to compliance with the relevant provisions of this Act and by-laws. (9) Where as a result of the approval of the council given under subsection (2), a person is required to spend more money in relation to a building, structure, land or area than if this section were not in force, the council may pay to that person the money that it considers appropriate to reduce the difference in the amount of the money spent. 1975-76 No72 s9; 1980 c28 s5 Back to Top Unhealthy buildings 356. A person may not erect a dwelling or other building which will be prejudicial to the health of the residents of the city. RSN1970 c40 s368 Back to Top Plans approved 357. (1) A person shall not begin to construct, alter, move or repair a building unless (a) he or she has submitted plans and specifications for the building in duplicate to the building inspector; (b) the plans and specifications have been examined and approved by the city engineer; and (c) a permit has been given by the city engineer to perform the construction, alteration, moving or repair in accordance with the plans and specifications. (2) A building, the construction, alteration, moving or repair of which has been begun without the permit referred to in subsection (1) being given, is a nuisance and may be abated as such. (3) The building inspector may examine and approve the plans and specifications and give the permit referred to in subsection (1) for and on behalf of the city engineer unless the plans and specifications are submitted in connection with an application for a development or subdivision under section 390. (4) The city engineer shall report to the council on all permits issued under this section and matters relating to the permits when requested to do so. 1975 No66 s16 Back to Top Submission of plans 358. (1) A person who wishes to construct, alter, or repair a building shall submit to the building inspector plans and specifications of the building, and shall make an affidavit that the plans and specifications are true and contain a correct description of the proposed construction, alteration or repair. (2) The plans and specifications referred to in subsection (1) shall be in duplicate, and 1 copy shall be filed in the office of the city engineer, shall be considered to be a public record, and shall not be removed from the office. (3) Notwithstanding subsections (1) and (2), in the case of repairs where no structural alteration is contemplated, it shall be sufficient to submit a full description and specification of the repairs without plans. RSN1970 c40 s370; 1975 No66 s17 Back to Top Permit 359. Unless the council otherwise orders, the city engineer or the building inspector shall, upon approval of the plans submitted to him or her, affix to the original plan and sign a permit as follows: "This plan and the attached specifications are approved, and permission is given for construction, alteration or repair of the building provided that nothing shall be done in respect of the building contrary to the laws and regulations of the city." 1975 No66 s18 Back to Top Change in plans 360. Where, during the progress of the work, the owner wishes to make a change in the plans and specifications which have been approved, he or she shall so notify the city engineer or the building inspector, and shall submit further plans and specifications for the approval of the city engineer or the building inspector who shall deal with them in the manner prescribed for the original plans. RSN1970 c40 s372; 1975 No66 s19 Back to Top Liability 361. The granting of a building permit or the approval of plans and specifications or an inspection made by an official or his or her assistants during the erection, alteration, repair, removal, or demolition of a building shall not relieve the owner or his or her agents from responsibility for the carrying out of the work in accordance with this Act and regulations made under this Act, or for the stability of the structure. RSN1970 c40 s373 Back to Top Plumbing inspected 362. It shall be the duty of the plumbing inspector to examine the plans and specifications for the plumbing of a house, and to see that they are in accordance with the plumbing regulations of the city, and he or she shall, on completion of the house, test the plumbing fixtures in the manner prescribed by the regulations, and where they are in all respects satisfactory the plumbing inspector shall give a certificate to that effect to the owner of the house, which certificate shall be in the form in Schedule E. RSN1970 c40 s374 Back to Top Condition of occupation 363. A newly constructed building may not be occupied in whole or in part until the required certificates have been issued by the city engineer and plumbing inspector. RSN1970 c40 s375 Back to Top Exception 364. Notwithstanding section 363, in the case of a building to be used as a dwelling house of a value not exceeding $1,500 the council shall have power to authorize that the house may be inhabited before completion, provided that the owner or builder of the house provides 2 sureties, to the amount of $100 each, that the house shall, within 5 years, be completed in accordance with the plans and specifications submitted to and approved by the city engineer. RSN1970 c40 s376 Back to Top Building nuisance 365. A building which is constructed in contravention of this Act is a nuisance, and may be abated accordingly. RSN1970 c40 s377 Back to Top Building location 366. The council may, by regulation or by-law, regulate or prohibit the location or position of buildings in relation to streets or proposed streets or to existing buildings. 1973 No16 s7 Back to Top Distance from street 367. (1) A person shall not build or erect houses or other buildings on the streets within the limits of the city, nearer to the centre of the street than 8.33 metres. (2) A house or other building which is erected on a street in contravention of subsection (1), is a public nuisance, and the same proceedings shall be had with respect to it that are provided with respect to other public nuisances. (3) Notwithstanding subsection (1) or a rule, regulation or by-law of the council, the council with the approval of the town planning commission may permit a building, replacing on the same site a building damaged or destroyed by fire or being an extension or addition at the rear of an existing building, to be erected nearer than 8.33 metres from the centre of a road or lane in the city where, in the opinion of the council, the road or lane is not adaptable to widening or does not or will not require widening in the public interest, provided that no building shall be permitted to encroach on an existing road or lane. RSN1970 c40 s379 Back to Top Plumbing system 368. A dwelling shall not be erected unless there is a city water supply and a public sewer accessible to it, and a dwelling shall have its plumbing system connected with the city water supply and with a public sewer before the dwelling is occupied, except in the case of suburban districts situated to the north of and below the level of the present northern main sewer, or in other districts for which special building regulations have been made under section 95. RSN1970 c40 s380 Back to Top Good repair required 369. A dwelling shall be kept in good repair, and the roof, outer walls, doors and windows, shall be kept so as not to leak, and all rain water shall be so diverted and conveyed from the dwelling so as not to cause dampness in the walls or ceilings. RSN1970 c40 s381 Back to Top Cleanliness required 370. (1) A dwelling shall be kept clean, and shall be kept free from accumulation of dirt, garbage or other matter. (2) The occupant of a dwelling shall thoroughly cleanse all the rooms, passages, stairs, floors, windows, doors, walls, ceilings, water-closets, cellars and other parts in the dwelling to the satisfaction of the health officer, and shall keep the parts of the dwelling in a cleanly condition at all times. RSN1970 c40 s382 Back to Top Prohibit animals 371. (1) A horse, cow, calf, swine, sheep, goat, fowls, geese or ducks shall not be kept in a dwelling or part of a dwelling. (2) The council shall have power to prohibit or regulate and control the keeping of animals or fowl on land or in a building in the city. RSN1970 c40 s383 Back to Top Dangerous materials 372. A dwelling, or a part of a dwelling, or of the lot upon which it is situated, shall not be used as a place of storage for keeping or handling of an article dangerous or detrimental to life or health, or of a combustible article, except under the conditions that may be prescribed by the Fire Prevention Act. RSN1970 c40 s384 Back to Top Commercial motor vehicles 373. (1) The council is empowered by rules, regulations or by-laws to regulate, control, restrict or prohibit as the council may determine, the partaking, keeping, garaging or storing of commercial motor vehicles in a building used for residential purposes in the city, or on land appurtenant to the building. (2) For the purposes of this section the words "motor vehicles" shall be considered to include trailers and tractors. RSN1970 c40 s385 Back to Top Car park 374. (1) The council is empowered by rules, regulations or by-laws to regulate, control, restrict or prohibit the use of land for the purposes of a car lot or car park. (2) For the purpose of this section a car lot or car park means a lot or area of land used or intended to be used for the placing, storing, keeping, displaying or selling of motor vehicles or machines. RSN1970 c40 s386 Back to Top Order re nuisances 375. (1) An employee of the council may enter upon and inspect a burnt, dilapidated, or dangerous building in the city, and after written notice to the owner of the building or his or her agent, the council may judge the building to be a nuisance and may make a written order prescribing the disposition, alteration, or regulation of the building or the vacation, demolition, and removal of the building that the council considers necessary. (2) Where the order referred to in subsection (1) is not complied with, or is not, in the opinion of the council substantially complied with within 5 days after the service of the order or within the period that the council may designate, the order may be executed by the council through its officers, agents, employees, or contractors who shall be entitled to enter the building, forcibly where necessary, and eject the occupants from the building and the cost of the execution may be recovered from the owner at the suit of the city as a civil debt. (3) A person who refuses or fails to obey an order referred to in subsection (1) shall, on summary conviction, be liable to a fine not exceeding $100 and, in default of payment, to imprisonment for a period not exceeding 90 days. (4) A person who refuses to vacate a building, or who obstructs or interferes with a person in the discharge of his or her duties under this section, is guilty of an offence against this Act and shall, on summary conviction, be liable to a fine not exceeding $100 and, in default of payment, to imprisonment for a period not exceeding 90 days. (5) Where, after reasonable inquiry, neither the owner of a building or his or her agent can be found in the city, the council may demolish the building and remove the debris and the cost of the demolition may be recovered from the owner at the suit of the council as a civil debt. (6) In the case of a building erected upon leasehold land, the lessor and lessee of the land shall be jointly and individually liable to the council for the cost of the destruction and removal by the council and the costs shall be a 1st charge upon the land and the interest of both the lessor and lessee in it and recoverable by the council in the same manner and by the same remedies as taxes and assessments are recoverable under this Act, and the lessor shall be entitled to recover from the lessee the amount of loss which the lessor incurs or a payment which he or she is required to make because of this section. RSN1970 c40 s387 Back to Top Unfit dwellings 376. (1) Where it is certified by an inspector or officer of the health department that a dwelling (a) is infected with contagious disease; ( b ) is unfit for human habitation or dangerous to life or health because of lack of repair, or of defects in the drainage, plumbing, lighting, ventilation, or construction of the drainage, plumbing, lighting, or ventilation; (c) because of the existence on the premises of a nuisance likely to cause sickness among the occupants of dwelling; (d) or for another cause, the city medical officer may issue an order requiring all persons in the house to vacate the house within not less than 24 hours, nor more than 10 days, for the reasons mentioned in the order. (2) Where the order is not complied with within the time specified, the officer may vacate the dwelling. (3) The officer, when he or she is satisfied that the danger from the dwelling has ceased to exist, or that it is fit for human habitation, may revoke the order, or may extend the time within which to comply with the order. (4) The city medical officer, through his or her employees or agents, may vacate the dwelling, and the servants or agents shall be entitled to enter the dwelling forcibly and eject the occupants. (5) A person who refuses to vacate the dwelling or obstructs or interferes with the medical officer, his or her employees or agents in the discharge of his or her or their duties under this section is guilty of an offence against this Act and shall, on summary conviction, be liable to a fine not exceeding $100 and, in default of payment, to imprisonment for a period not exceeding 90 days. RSN1970 c40 s388 Back to Top Power of medical officer and council 377. (1) Where, in the opinion of the city medical officer or the council, a building or a trade or occupation, matter or thing, in or about a building or the lot on which it is situated, or the plumbing, sewage, drainage, light or ventilation of a building is in a condition that is dangerous or detrimental to life or health, he or she or it may declare that the building, to the extent he or she or it may specify, is a public nuisance, and may order the building to be removed, abated, suspended, altered or otherwise improved or purified as the order shall specify. (2) In addition to the powers in subsection (1) the city medical officer or the council may order or purify, cleanse, disinfect, remove, alter, repair or improve a building, sewer, plumbing, pipe, passage, premises, grounds, matter or thing, in or about a building or the lot on which it is situated. (3) Where an order of the chief medical officer or the council issued under this Act is not complied with, or not substantially complied with, within 5 days after the service of the order, or within the shorter time that he or she or it may designate, then the order shall be executed by the city medical officer or council through his or her or its officers, agents, employees or contractors, and the cost shall be paid by the owner of the building, who shall also be liable to a fine of $5 for every day during which he or she has neglected or refused to obey the order. (4) Where the making of an order under this section is consequent upon the act, neglect, default or sufferance of the occupier of the premises the owner shall, in the absence of agreement to the contrary, have the right to claim over against the occupier for all expenses and penalties incurred by him or her by reason of the order. (5) The council may refuse to issue a permit for a building or extension to a building which will, in the opinion of council, be unsafe for the site or locality on which it is proposed to be erected or constructed. RSN1970 c40 s389; 1975 No66 s20 Back to Top Fire prevention 378. The council shall have power to pass rules and regulations, for the better protection of the city from fire and in the parts of the city that they may consider necessary to require that firebreaks shall be left at the intervals that they may consider advisable. RSN1970 c40 s390 Back to Top Building height 379. The council shall have power to regulate and prescribe the height to which buildings may be erected. RSN1970 c40 s391 Back to Top Ladders 380. A substantial ladder shall be fixed to the roof of every dwelling house and kept in good repair by the owner except where a regular access to the roof from the inside is provided. RSN1970 c40 s392 Back to Top Habitability of houses 381. (1) In a contract for renting a house or part of a house for persons to live in within the city limits, there shall be implied a condition that the house or part of the house is reasonably fit for human habitation, and that the house or part of the house shall during the holding, be kept by the owner reasonably fit for human habitation. (2) Where the condition referred to in subsection (1) is not complied with, the council shall require the owner of the house, within 1 month after notice given, to execute the work that may be necessary to make the dwelling reasonably fit for habitation. (3) Where at the expiration of the time mentioned in the notice given under subsection (2) the repairs have not been effected, the owner shall be liable to a fine not exceeding $5 every day during which the order has not been complied with. RSN1970 c40 s393 Back to Top Weatherproof 382. A house that is reasonably fit for habitation shall be weatherproof and shall provide adequate shelter from heat and cold. RSN1970 c40 s394 Back to Top Inspection of houses 383.

(1) The council may direct the medical officer, sanitary supervisor or another official or qualified person on behalf of the council to enter into and inspect every part of a house or building used as a dwelling for the purpose of ascertaining its condition as regards fitness for habitation. (2) Where, as a result of an inspection made under subsection (1), the council is of the opinion that because of weak and insufficient structure, age, decay, damage, lack of repair, insufficient ventilation or light, bad or insufficient drainage, or the existence of insanitary conditions in or in the vicinity of the house or building, or where the council is of the opinion that it is not desirable in the interest of the public health and safety that the house or building should be restored or repaired or continued to be used or occupied as a dwelling house, the council may declare the house or building a nuisance, and to direct that it be destroyed or removed. (3) Where the house or building is not destroyed or removed in obedience to a direction given under subsection (2), the council may destroy and remove the house or building and collect the cost of destruction or removal as a debt due by the owners to the council. (4) In the case of a house or building erected upon leasehold land, the lessor and lessee of the land shall be jointly and individually liable to the council for the cost of the destruction and removal by the council and the costs shall be a first charge upon the land and the interest of both the lessor and the lessee and recoverable by the council in the same manner and by the same remedies as taxes and assessments are recoverable under this Act, and the lessor shall be entitled to recover from the lessee the amount of a loss which the lessor incurs or a payment which he or she is required to make because of the provisions of this section. RSN1970 c40 s395 Back to Top Regulations of buildings 384. The council shall have power by regulation to designate lands or areas in the city and prohibit the erection of buildings on those lands or in the areas either absolutely or for the period or subject to the conditions that the council may determine and the regulations may vary in the application of a condition or restriction to a particular land or area. RSN1970 c40 s397 Back to Top Condemnation 385. Where a building is condemned by the council under this Act but has not been destroyed or removed, repairs or improvements made to that building, whether permitted or not, shall not be used by a person to affect or reverse the condemnation, nor shall repairs or improvements be considered to add value to the building at the time of its ultimate demolition. RSN1970 c40 s398 Back to Top Report of engineer 386. It is the duty of the city engineer to report to the council those houses that are, in his or her estimation, damaged or decayed, and the council may order a valuation to be held to ascertain the extent of the decay or damage. RSN1970 c40 s399 Back to Top Party walls 387. (1) A party wall within the limits prescribed for the erection of buildings of stone, brick, or other uninflammable materials, shall project above the roof at least 33 centimetres, and no wood or inflammable material of any description, except doors, door frames, window-sashes, window-frames, and roof-boarding, shall be placed within 12.38 centimetres of the outside of the building. (2) In case of dispute the council shall, upon the written application of a proprietor or tenant of land within the city, wishing to build a party wall, summon before them the tenants or proprietors of the adjoining land, and, after hearing the parties attend, make an order (a) as to the extent which the party wall between the parties shall occupy on the ground of each respectively; (b) as to the manner in which the wall shall be built; and (c) as to the proportion of the expense to be paid by the parties respectively. (3) A person who neglects or refuses to comply with an order or direction made by the council, shall be subject to a fine not exceeding $25 and the proportion of the cost of the wall to be paid by that person may be recovered in an action for work, labour and materials. (4) Where a party wishes to build on his or her own land, and, for the purpose of the building, uses a wall already built by another party upon the adjoining land, the council shall, upon application of either party, summon the parties and after hearing the parties, direct that the party building shall have the use of the wall to the extent required by him or her upon paying the proportion of the original cost of it that the council considers just; which proportion may be recovered by the party entitled to it in the manner provided in this section. (5) Where the owner or tenant of a building is unable to alter, repair or maintain the building without entering upon adjoining property, he or she may, where unable to agree with the owner or tenant of the adjoining property on terms of permission for entry, apply to the council. (6) The council shall summon the parties to appear, and may, after hearing those that attend, direct that the first-named party shall be at liberty to enter upon the adjoining property to the extent that may be reasonably necessary for the purpose of carrying out the proposed work. (7) Notwithstanding subsection (6) before making the entry he or she shall give security to the satisfaction of the council in the amount that the council considers just for the expense of making good damage which may accrue to the adjoining property in the course of carrying out the proposed work. (8) A person resisting or attempting to resist the carrying out of work under a direction under this section is guilty of an offence under this Act. RSN1970 c40 s400 Back to Top Adjacent lights 388. (1) A person shall not be restricted from erecting a building to a height by rights acquired or claimed by an owner of an adjacent building in respect to a light, window, or opening for air or light in the adjacent building. RSN1970 c40 s401; 1975 No66 s21 Back to Top Building regulations 389. (1) The council shall have power by rules, regulations, or by-laws (a) to appoint a building inspector and define and designate his or her duties and to delegate to him or her discretionary powers; (b) to empower the building inspector to issue permits for the erection, repair, equipment, occupancy, or change of use, removal, or demolition of buildings and to provide for the revocation or cancellation of the permits; (c) to regulate, restrict or prohibit the location, construction, alteration, repair, equipment, occupancy, or change of use, removal, or demolition of a building; (d) to define and create zones or areas to be known as "fire districts" and, for the better protection of the city from fire, to apply in the fire districts special regulations, restrictions, and prohibitions relating to the erection, alteration, repair, equipment, occupancy, or change of use, removal, or demolition of buildings; (e) to adopt by reference and to apply in whole or in part codes or standards adopted by recognized engineering, building, electrical, or trades associations in Great Britain, Canada, or the United States of America, and relating or capable of application to the erection, repair, maintenance, or removal or demolition of a building or equipment or installations in a building; (f) to empower and enable an official, in the event of a person failing to do anything which under the regulations, rules, or by-laws he or she ought to have done, to do the act and to recover the expenses of the act from the person so in default as a civil debt; and (g) to appoint a board to be known as the Building Regulations Board of Appeals consisting of the members that shall be appointed by the council and the board shall have power to hear and determine appeals in respect of building regulations or by-laws of the city, and the board, after notice and hearing and upon the terms and conditions that it shall fix, may, by order, cancel, or vary in whole or in part the restrictions. (2) An order under paragraph (1 )( g) shall not become effective unless confirmed by a resolution of the council approved by at least 5 councillors. (3) Meetings of the board appointed under paragraph (1 )( g) shall be held at the times that it may determine and the board shall adopt its own rules of procedure and keep a record of its proceedings. (4) Rules, regulations or by-laws may be made under subsection (1) adopting by reference and applying in whole or in part the National Building Code of Canada or the shorter form of the National Building Code of Canada. (5) A copy of the code referred to in subsection (4) and of the shorter form of the code, signed and certified by the city clerk shall be kept on record in the city clerk's office, and copies of supplements or amendments may also be signed, certified and kept on record. (6) For the purpose of rules, regulations or by-laws made under this section, the record copies so signed, certified and kept under subsection (5) shall be considered to be the code or shorter form of the code irrespective of a revised code or revised shorter form of the code or supplements or amendments made but not yet signed and certified by the city clerk, and alleged infringement of the rules, regulations or by-laws shall be governed by the code or shorter form of the code, whichever may be applicable, together with supplements and amendments, as certified and on record at the time of the infringement. (7) A copy of the code referred to in subsection (4) or shorter form of the code together with applicable supplements and amendments which are signed, certified and kept under subsection (5) shall be kept at the office of the city clerk and available for perusal by all interested persons. (8) A certificate of the city clerk that a document is a copy of (a) the National Building Code of Canada ; (b) the shorter form of the code; or (c) an extract from, an amendment to or a supplement or part of a supplement to the code or shorter form of the code is without further proof, presumptive evidence of the content of the code, shorter form of code, extract, amendment, supplement or part of a supplement. RSN1970 c40 s402; 1971 No7 s7; 1971 No14 s2; 1973 No16 s8 Back to Top Development control 390. (1) The council has power, with respect to land and buildings within the city or within 1 mile outside the limits of the city, (a) to regulate, control or prohibit all development or subdivision of lands; (b) to regulate or control the positioning of buildings in relation to streets or proposed streets and existing buildings; (c) to prescribe and regulate the procedure to be followed by persons wishing to carry out a development of lands or buildings; and (d) to prescribe methods for the preparation of municipal plans and to make rules and regulations concerning the procedure for putting the plans into effect, and on the consideration of an application or proposal for the development or subdivision of land or the erection of buildings the council may have regard to any consideration, including the amenity of the surroundings, general appearance, and public safety and convenience, which in the opinion of the council affect the application or proposal and may in its discretion grant or refuse the application or proposal accordingly. (2) All streets and other areas for public use comprised in and indicated on a subdivision or development plan approved by the council relating to the subdivision or development of lands within the city or within 1 mile of the limits of the city shall vest in the city upon approval by the council of the subdivision or development plan. (3) The vesting under subsection (2) shall not affect the liability of the owner of the subdivision to carry out all construction work on the streets and public areas and make all the installations that may be required by the terms and conditions of the subdivision approval and the laws, rules and regulations applicable to it. (4) The entire cost of (a) the provision, construction and installation of necessary water mains, hydrants, sanitary sewers, storm sewers and appurtenances; (b) streets , including payment, curbs, gutters, sidewalks and catch basins; (c) parks and open spaces; and (d) other works and utilities considered necessary by the council for the purposes of a development or subdivision of land shall be paid by the owner of the land forming the development or subdivision, and the owner shall deposit with the council, before a permit for the development or subdivision is granted, security to the satisfaction of the city in an amount, to cover engineering fees and charges of the city for designs, plans and specifications, construction layout and engineering supervision of the works and the cost of all curbs, gutters, sidewalks, catch basins and streets, including payment, required to be constructed and installed under the subdivision plans and specification. (5) Nothing in this section shall make the city liable for damages or claims for (a) the death of a person; or (b) injury or damages to a person or property resulting from an act or omission of a developer, subdivider or builder in the construction or development of a subdivision, development or building. (6) Where the lands of a development or subdivision abut an existing street on 1 side only of the street (a) the owner of the lands shall pay to the council before approval of the development or subdivision the entire cost of curbs, gutters, sidewalks and catch basins on that side of the street or portion of the street which abuts the lands and the entire cost of curbs, gutters, sidewalks and catch basins on the other side of the street shall be assessed against the properties on that side of the street, opposite whose frontages the curbs, gutters, sidewalks and catch basins are installed in the proportions which the respective frontages of the properties bear to the total frontages on that side of the street opposite which the curbs, gutters, and catch basins are installed; and (b) the owner of the lands shall pay to the council before approval of the development or subdivision 1/2 of the cost of all water mains, sanitary sewers, storm sewers, land for widening and construction or reconstruction required to be installed or done in or on the street and the other 1/2 of the cost shall be assessed against the properties on the other side of the street, opposite whose frontages the water mains, sewers and other street works are installed or constructed, in the proportions which the respective frontages of the properties bear respectively to the total frontages on that side of the street opposite which the street works are installed or constructed, and the council may carry out all the street works by itself or its contractors or arrange with the owner of the land forming the subdivision for the carrying out of the street works by the owner or his or her contractor under agreement with the council. (7) A person wishing to develop or subdivide land shall, before a construction taking place in or on or in respect of the development or subdivision of the land, grant and convey for a nominal consideration of $1 all easements, licences and rights-of-way over the land that a power, telephone or public utility company may reasonably require for poles, standards, supports, wires, conduits, culverts or lines for the purpose of transmission or distribution of electrical energy or telephone or public utility services to a part of the land, provided that the deed of grant of an easement, licence or right-of-way shall be prepared free of charge by a power, telephone or public utility company and shall be in the form and contain the conditions that are approved by the council. (8) The council may, with respect to the subdivision of land, (a) require that the part of the land forming the subdivision that the council may determine may be set aside by the owner and vested in the city for use as a park or playground; or (b) instead of the reservation and vesting, accept from the owner of the subdivision a sum of money equivalent to the percentage of the value of the land forming the subdivision that the council may decide at the date of approval of the subdivision by the council as determined by the appraisers of the city, and all sums paid to the council under this subsection shall be held by the city in a separate account and shall be used for the purpose of acquiring and developing public parks and playgrounds in the city. (9) The applicant for the development or subdivision of land or the erection of buildings may, at the cost and expense of the applicant, have prepared the design, plans and specifications and construction layout by a registered member licensed to practise engineering of the Association of Professional Engineers of the Province of Newfoundland and Labrador as constituted by the Engineers and Geoscientists Act, and (a) the design, plans and specifications and construction layout shall be subject to the approval of the city engineer of the city, provided that where the applicant has the design, plans and specifications and construction layout so prepared and approved, the cost shall be deducted from that required to be paid for design, plans and specifications and construction layout to the council; and (b) proof of the cost shall be verified by an affidavit of the applicant with copies of supporting voucher forming part of the affidavit, and the affidavit shall be presented to council before a permit for the development or subdivision or buildings is granted. (10) In this Act or rules, regulations or by-laws made under this Act, the words "development or subdivision of land" or the word "subdivide" include a division of land into 2 or more lots or parts or work on land with a view to its division into 2 or more lots or parts. 1973 No 16 s9; 1977 c57 s8; 2001 cN-3.1 s2 Back to Top Trailers 391. (1) The council may by rules, regulations, or by-laws regulate, prohibit and control the construction, alteration, repair, use, operation, location, maintenance, occupancy, change of use, removal or demolition of a trailer. (2) For the purpose of subsection (1), "trailer" includes a vehicle, structure or portable dwelling so constructed that is suitable for being attached to a motor vehicle for the purpose of being drawn or propelled by the motor vehicle and capable of being used for the living, sleeping or eating accommodation of persons, notwithstanding that the vehicle is jacked up or that it has its running gear removed, and shall also include a self-propelled or motorized vehicle which is capable of being used for the living, sleeping or eating accommodation of persons. 1971 No70 s9; 1973 No16 s10; 1988 c54 s7 Back to Top Residential property 392. (1) In this section and in sections 393 and 395 "residential property" means property that is used or designed for use as a domestic establishment in which 1 or more persons usually sleep and prepare and serve meals, and includes land or buildings that are appurtenant to the establishment. (2) The council may make regulations (a) prescribing standards for the maintenance and occupancy of residential property within the city and prohibiting use of the residential property that does not conform to the prescribed standards; (b) requiring residential property below the prescribed standards to be repaired and maintained to comply with the standards or the land to be cleared of all buildings and structures and left in a graded and levelled condition; and (c) establishing a development appeal board, which shall consist of at least 5 persons to be appointed annually by the council, none of whom shall be officials or employees of the city, the majority of whom shall not be members of the council, and may be re-appointed. (3) Each member of a development appeal board shall before entering upon the duties of his or her office take and sign the following oath 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 this development appeal board under and according to section 392 of the City of St. John's Act . (Where an oath is taken, add "So help me God."). (4) A requirement of the council made under paragraph (2 )( b) is not enforceable with respect to a residential property until the council has sent notice, which notice, shall, where mailed, be mailed on the same day as it is dated, by registered mail to or served on the owner and all persons known to the council to have an interest in the residential property and upon the occupant of the property. (5) The notice referred to in subsection (4) shall (a) stating that the residential property does not comply with the standards prescribed by regulations made under this section and that repairs are required to be made to the property; (b) give reasonable particulars of the repairs required to be made or that the land shall be cleared and left in a graded and levelled condition; and (c) state the period of time within which the repairs are to be made or the clearing is to be done, which period of time will be the period of time that the building inspector considers appropriate. (6) Where the repair or clearance required by subsection (5) is not done within the period of time specified, the council may carry out the repair or clearance and the cost of the work done may be levied against the residential property as a debt due to the city or charged against the land concerned as taxes owing in respect of that land and may sue for and recover the cost of the repair or clearance. 1973 No16 s10; 1975-76 No72 s10 Back to Top Appeal 393. (1) A person entitled to notice under subsection 392 may within 10 days of the service on him or her of the notice, or, where the notice is mailed, within 14 days of the date appearing on that notice, appeal (a) to the development appeal board established by the council; or (b) where a development appeal board is not established, to the council. (2) All appeals under this section shall be in writing and shall state the circumstances and grounds of the appeal. (3) Subsections 6(2) to (6) of the Urban and Rural Planning Act shall, with the necessary changes, apply to hearings by the development appeal board or the council under this section. (4) Members of the development appeal board may be paid the remuneration and expenses that the council may by resolution determine. (5) The development appeal board or the council shall hold a hearing of each appeal referred to in subsection (1), and, in determining the appeal, it may, by order, (a) confirm , reverse or vary the terms of a notice referred to in section 392; and (b) grant an extension of not more than 1 year from the end of the period of time specified in the notice given under section 392(5) within which the repairs are to be made or the clearing is to be done, but an extension shall not be granted unless the development appeal board or the council is of the opinion that a refusal of the appeal would result in undue hardship, and not more than 2 extensions may be granted in respect of residential property. 1973 No16 s10; 1975-76 No72 s10 Back to Top Appeal to Trial Division 394. (1) A person dissatisfied with an order of the development appeal board or the council may appeal to a judge of the Trial Division. (2) Where a person proposes to appeal under subsection (1), he or she shall, within 30 days after the notice to him or her of the order from which the person proposes to appeal, serve on the city clerk a written notice of intention to appeal. (3) A notice of appeal served under subsection (2) shall be signed by the appellant or by his or her solicitor or agent, and, in the notice, the grounds of the appeal shall be set out, and the appellant shall file a copy of the notice with the court. (4) The appellant shall, not less than 14 days before the hearing of the appeal, serve upon the city clerk a written notice of the day appointed for the hearing. (5) Service on the city clerk of a notice under this section is considered to be service on the development appeal board or the council. (6) The judge shall hear the appeal and the evidence brought forward before him or her by the appellant and the development appeal board or the council in a summary manner and shall decide the matter of the appeal, and the judge may confirm, vary or set aside the order concerned. (7) The development appeal board or the council shall produce before the judge on the hearing of the appeal all papers and documents in its possession affecting the matter of the appeal. (8) The costs of the appeal are in the discretion of the judge, and he or she may make an order respecting them in favour of or against the city and may fix the amount of the costs. 1973 No16 s10; 1974 No57 Sch C; 1986 c42 Sch A; 2001 cN-3.1 s2 ; 2013 c16 s25 Back to Top Search 395. (1) Where regulations have been made under section 392 and are in effect, an official or employee of the city may, at reasonable times and upon producing proper identification, enter and inspect, either by himself or herself or accompanied by 1 assistant, a residential property to which the regulations apply, and (a) where entrance into or upon a residential property is refused, a Provincial Court judge may, upon application made on behalf of the council, by order require the occupier of the residential property to admit an official or employee of the city, either by himself or herself or accompanied by 1 assistant into or upon the residential property for the purpose of an inspection under this subsection; (b) an application under paragraph (a) shall be supported by an affidavit of an official of the council; (c) written notice of intention to make an application under this subsection shall be given to the occupier of the residential property; and (d) service of the notice may be personal or by registered mail, and (i) where the notice is served personally, there shall be at least 2 clear days between the service of the notice and the day of hearing, or (ii) where the notice is served by registered mail, it is sufficient to mail it addressed to the occupier at his or her last known address by registered mail, and there shall be not less than 7 clear days between the date of mailing and the date of hearing. (2) An order made by a Provincial Court judge under this section continues in force until the purpose for which it was made has been fulfilled. (3) A person who does not comply with an order made under subsection (1) is guilty of an offence and liable on summary conviction to a fine of not more than $100 or to imprisonment for a term not exceeding 30 days or to both a fine and imprisonment. (4) In this section "occupier" means the person in possession of or having control over the property or that part of the property into which or upon which entrance was refused. 1973 No16 s10 Back to Top Procedure 396. (1) At the hearing of an application under section 395, the person appearing on behalf of the council and the occupier referred to in that section may call witnesses and give evidence, as if the proceeding were a civil action triable under the Small Claims Act. (2) The procedure in an application under section 395 respecting the subpoenaing of witnesses and compelling them to attend, the taking of evidence, the hearing of the application and other matters not specifically provided for in this section shall be governed by the Small Claims Act. (3) In an application made under section 395, the council shall be considered to be the plaintiff and the occupier referred to in that section shall be considered to be the defendant. (4) The order of the Provincial Court judge under section 395 shall be considered to be a judgment of the Provincial Court judge, and an appeal lies from it as from a judgment by him or her in a civil action tried under the Small Claims Act. (5) Notwithstanding anything to the contrary contained in the Small Claims Act or other Act or law, a Provincial Court judge to whom an application is made under section 395 shall have jurisdiction to hear the matter and to make the order referred to in that section. 1973 No16 s10; 1979 c34 Sch; 1979 c38 s7 Back to Top Commercial property 397. (1) In this section and in sections 398 and 400 "commercial property" means a property that is used or designed for use for professional, business, commercial, industrial or institutional purposes. (2) The council may make regulations (a) prescribing standards for the maintenance and occupancy of commercial property within the city and prohibiting the use of the commercial property that does not conform to the prescribed standards; (b) requiring commercial property below the prescribed standards to be prepared and maintained to comply with the standards or the land to be cleared of all buildings and structures and left in a graded and levelled condition; and (c) establishing a development appeal board, which shall consist of at least 5 persons to be appointed annually by the council, none of whom shall be officials or employees of the city, the majority of whom shall not be members of the council, and may be re-appointed. (3) A member of a development appeal board shall before entering upon the duties of his or her office take and sign the following oath 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 this development appeal board under and according to section 396 of the City of St. John's Act . (Where an oath is taken, add "So help me God."). (4) A requirement of the council made under paragraph (2 )( b) is not enforceable with respect to a commercial property until the council has sent notice, which notice shall, if mailed, be mailed on the same day as it is dated, by registered mail to or served on the owner of the commercial property and upon the occupant of the property. (5) The notice referred to in subsection (4) shall (a) state that the commercial property does not comply with the standards prescribed by regulations made under this section and that repairs are required to be made to the property; and (b) give reasonable particulars of the repairs required to be made, or that the land shall be cleared and left in a graded and levelled condition, and state the period of time within which the repairs are to be made or the clearing is to be done, which period of time will be the period of time that the building inspector considers appropriate. (6) Where the repair or clearance required by subsection (5) is not done within the period of time specified, the council may carry out the repair or clearance and the cost of the work done may be levied against the commercial property as a debt due to the city or charged against the land concerned as taxes owing in respect of that land and may sue for and recover the cost of the repair or clearance. 1974 No14 s5; 1975 No66 s22; 1975-76 No72 s11 Back to Top Appeal 398. (1) A person entitled to notice under section 397 may within 10 days of the service on him of the notice, or, where the notice is mailed, within 14 days of the date appearing on that notice appeal (a) to the development appeal board established by the council; or (b) where a development appeal board is not established, to the council. (2) All appeals under this section shall be in writing and shall state the circumstances and grounds of the appeal. (3) Subsection 6(2) to (6) of the Urban and Rural Planning Act shall, with the necessary changes, apply to hearings by the development appeal board of the council under this section. (4) Members of the development appeal board may be paid the remuneration and expenses that the council may by resolution determine. (5) The development appeal board or the council shall hold a hearing of each appeal referred to in subsection (1), and, in determining the appeal, it may, by order, (a) confirm , reverse or vary the terms of a notice referred to in section 397; and (b) grant an extension of not more than 1 year from the end of the period of time specified in the notice given under section 397 within which the repairs are to be made or the clearing is to be done, but an extension shall not be granted unless the development appeal board or the council is of the opinion that a refusal of the appeal would result in undue hardship, and not more than 2 extensions may be granted in respect of commercial property. 1974 No14 s5; 1975-76 No72 s11 Back to Top Appeal to Trial Division 399. (1) A person dissatisfied with an order of the development appeal board or the council may appeal to a judge of the Trial Division. (2) Where a person proposes to appeal under subsection (1), he or she shall, within 30 days after the notice to him or her of the order from which the person proposes to appeal, serve on the city clerk a written notice of intention to appeal. (3) A notice of appeal served under subsection (2) shall be signed by the appellant or by the appellant's solicitor or agent, and, in the notice, the grounds of the appeal shall be set out, and the appellant shall file a copy of the notice with the court. (4) The appellant shall, not less than 14 days before the hearing of the appeal, serve upon the city clerk a written notice of the day appointed for the hearing. (5) Service on the city clerk of a notice under this section is considered to be service on the development appeal board or the council. (6) The judge shall hear the appeal and the evidence brought forward before him or her by the appellant and the development appeal board or the council in a summary manner and shall decide the matter of the appeal, and the judge may confirm, vary or set aside the order concerned. (7) The development appeal board or the council shall cause to be produced before the judge on the hearing of the appeal all papers and documents in its possession affecting the matter of the appeal. (8) The costs of the appeal are in the discretion of the judge, and he or she may make an order respecting them in favour of or against the city and may fix the amount of the costs. 1974 No14 s5; 1986 c42 Sch A; 2001 cN-3.1 s2 ; 2013 c16 s25 Back to Top Search 400. (1) Where regulations have been made under section 397 and are in effect, an official or employee of the city may, at reasonable times and upon producing proper identification, enter and inspect commercial property to which the regulations apply, and (a) where entrance into or upon commercial property is refused, a Provincial Court judge may, upon application made on behalf of the council, by order require the occupier of the commercial property to admit an official or employee of the city, either by himself or accompanied by 1 assistant, into or upon the commercial property for the purpose of an inspection under this subsection; (b) an application under paragraph (a) shall be supported by an affidavit of an official of the council; (c) written notice of an intention to make an application under this subsection shall be given to the occupier of the commercial property; and (d) service of the notice may be personal or by registered mail, and (i) where the notice is served personally, there shall be at least 2 clear days between the service of the notice and the day of hearing, or (ii) where the notice is served by registered mail, it is sufficient to mail it addressed to the occupier at his or her last known address by registered mail, and there shall be not less than 7 clear days between the date of mailing and the date of hearing. (2) An order made by a Provincial Court judge under this subsection continues in force until the purpose for which it was made has been fulfilled. (3) A person who does not comply with an order made under section (1) is guilty of an offence and liable on summary conviction to a fine of not more than $100 or to imprisonment for a term not exceeding 30 days or to both a fine and imprisonment. (4) In this section "occupier" means the person in possession of or having control over the property or that part of the property into which or upon which entrance was refused. 1974 No14 s5; 1975 No66 s22 Back to Top Procedure 401. (1) At the hearing of an application under section 400, the person appearing on behalf of the council and the occupier referred to in that subsection may call witnesses and given evidence, as if the proceeding were a civil action triable under the Small Claims Act. (2) The procedure in an application under section 400 respecting the subpoenaing of witnesses and compelling them to attend, the taking of evidence, the hearing of the application and other matters not specifically provided for in this section shall be governed by the provisions of the Small Claims Act relating to civil actions. (3) In an application made under section 400, the council shall be considered to be the plaintiff and the occupier referred to in that section shall be considered to be the defendant. (4) The order of a Provincial Court judge under section 400 shall be considered to be a judgment of the Provincial Court judge, and an appeal lies from it as from a judgment by him or her in a civil action tried under the Small Claims Act. (5) Notwithstanding anything to the contrary contained in the Small Claims Act or another Act or law, a Provincial Court judge to whom an application is made under section 400 shall have jurisdiction to hear the matter and to make the order referred to in that section. 1974 No14 s5; 1979 c38 s7; 1979 c34 Sch Back to Top Planning fee 402. (1) The council may charge a planning fee, in the amount that the council may determine, in respect of each subdivision of land or development of land that may be approved by the council. (2) Before a permit or approval for a subdivision or development of land is granted by the council, the planning fee shall be paid and deposited with the council by the owner of the land forming that subdivision or development. 1977 c57 s9 Back to Top Regional services 402.1 (1) Notwithstanding the Regional Service Boards Act, the council shall own, manage and operate those regional services that are designated by order of the Lieutenant-Governor in Council in those municipal authorities or areas of the Northeast Avalon Region as set out in the order of the Lieutenant-Governor in Council. (2) Where a regional service is designated under subsection (1), the council shall sit as a regional committee for the purpose of making policy directions with respect to that regional service and for the purpose of establishing the rates or user fees to be charged by the council for the regional service in the other municipal authorities served by the regional service. (3) Where the council sits as a regional committee under this section, the mayor of the municipal authority which is served by a regional service as designated under subsection (1), shall sit on that regional committee and take part in its deliberations. (4) Where a mayor referred to in subsection (3) is unable to attend a meeting of the regional committee of the council, another member of the council of the municipal authority as selected by the mayor of that municipal authority shall be eligible to attend the meeting of the regional committee of the council in the mayor's place. (5) Subject to the approval of the Lieutenant-Governor in Council, the regional committee of the council may make by-laws respecting (a) procedure and other matters in respect of meetings of the regional committee of the council; (b) the general policy objectives respecting the provision of regional services in the area served by a regional service; (c) the formula used in setting rates or user fees paid to the council by a municipal authority served by a regional service; and (d) respecting matters necessary or advisable to carry out effectively the intent and purpose of this section. (6) In this section, section 402.2 and 402.3 (a) " municipal authority" means (i) the Mount Pearl City Council, and (ii) a council of a town constituted or continued under the Municipalities Act; (b) "Public Utilities Board" means the Board of Commissioners of Public utilities referred to in The Public Utilities Act, 1989; and (c) " regional service" includes (i) a regional water supply system, (ii) a regional sewage disposal system, (iii) a regional storm drainage system, (iv) a regional solid waste disposal site or facility, (v) a regional public transportation system, (vi) a regional recreational facility, and (vii) [Rep. by 1996 c32 s1] (viii) other facilities or services of a regional nature that are designated by order of the Lieutenant-Governor in Council. 1991 c35 s5 ; 1994 c22 s1 ; 1996 c32 s1 Back to Top Public Utilities Board 402.2 (1) Where a municipal authority that is served by a regional service does not agree with the decision of the regional committee of the council with respect to the rates or user fees charged by the council for the regional service in that municipal authority, the municipal authority may apply to the Public Utilities Board for a review of those rates or user fees. (2) The Public Utilities Board upon hearing an application of a municipal authority under subsection (1) may (a) confirm or vary the decision of the regional committee of the council or a part of the decision; or (b) refer the matter back to the regional committee of the council for further consideration. (3) The Lieutenant-Governor in Council may make regulations (a) governing the procedures with respect to applications to the Public Utilities Board under this section; and (b) respecting matters necessary or advisable to carry out effectively the intent and purpose of this section. 1991 c35 s5 Back to Top Regional fire service 402.3 (1) Notwithstanding the Regional Services Board Act, the council shall own a regional fire service to provide fire protection to the Cities of St. John's and Mount Pearl and that regional fire service shall be operated and managed by the regional fire services committee. (2) The regional fire services committee shall consist of 4 persons, 2 of whom shall be appointed by the city from among members of the council and 2 of whom shall be appointed by the council of the City of Mount Pearl established under the City of Mount Pearl Act . (3) A municipal authority may, following approval by the regional fire services committee, contract with the city for fire protection services. (4) Fees to be charged for fire protection services provided to a municipal authority shall be determined by the regional fire services committee. (5) Fees payable by a municipal authority for fire protection services shall be paid to the city and fees owed and not paid by a municipal authority for fire protection services shall be considered to be a debt owed to the city. (6) A municipal authority may, upon giving to the regional fire services committee the notice required in the contract referred to in subsection (3), notify that committee that it no longer requires fire protection services and at that time no further fees shall be charged to that municipal authority and outstanding fees owed for fire protection services shall be considered to be a debt owed by that municipal authority to the city. (7) The regional fire services committee may withdraw fire protection services from a municipal authority which has not paid the fees owed to the city for those services. (8) An elapsed period of time after which fire services may be withdrawn under subsection (7) shall be stated in a contract which the city may make under subsection (3). (9) In this section "municipal authority" means a council of a town constituted or continued under the Municipalities Act . 1996 c32 s2 Back to Top General penalty 403. (1) A person who contravenes or fails to comply with this Act or a requirement imposed on him or her by virtue of this Act or an order, rule, regulation, or by-law of the council or an official of the city made under this Act or who interferes with a person in the discharge of his duties under this Act or under an order, rule, regulation, or by-law is guilty of an offence and liable on summary conviction, where no penalty is otherwise provided, to a fine not exceeding $5,000 and, in default of payment, to imprisonment for a period not exceeding 90 days and, in addition, the Provincial Court judge may order that the person carry out the requirements imposed on him or her by virtue of this Act or the order, rule, regulation, or by-law, for the contravention of which he or she has been convicted, within a time to be fixed by the order. (2) The conviction of a person for an offence under this Act shall not relieve the person from the duty of carrying out the requirements imposed on him or her by virtue of the provisions of this Act or an order, rule, regulation, or by-law of the council or an official of the city made under this Act, and where the requirements or obligations are not complied with in accordance with an order made under this Act, the council may, where it considers it necessary, authorize an official to enter upon the premises in respect of which a conviction has been made and carry out, at the expense of the convicted person, the requirements referred to in the order. (3) The conviction of a person for contravention of or failure to comply with this Act or with an order, rule, regulation or by-law of the council or an official of the city made under this Act shall not operate as a bar to further prosecution against the person for a continued contravention of or failure to comply with the provision or with the order, rule, regulation or by-law. RSN 1970 c40 s404; 1995 c4 s1 Back to Top Violation notice 403.1 (1) The council may, where authorized by the minister and by regulation, issue a violation notice to a person who contravenes a rule, regulation or by-law made by 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 403.3. 2003 c5 s3 Back to Top Issuance of summons 403.2 (1) Where a person who has received a violation notice under section 403.1 does not voluntarily make a payment to the city within the time frame 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 403.1, 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 the City of St. John’s Municipal Taxation Act with respect to that property or business. 2003 c5 s3 ; 2006 cC-17.1 s48 Back to Top Regulations 403.3 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 403.1 and 403.2 apply; (c) to establish the times by which a payment is to be made with respect to a violation notice issued under section 403.1; (d) to establish voluntary payment amounts that may be paid with respect to a violation notice issued under section 403.1; and (e) to establish fines with respect to offences for which a summons was issued in accordance with section 403.2. 2003 c5 s3 Back to Top Employee designation 403.4 The council may designate an employee or a class of employees who may issue a (a) violation notice under section 403.1; and (b) summons under section 403.2. 2004 c47 s9 Back to Top Orders for possession 404. Where an order for the vacation, removal, or demolition of a building is made under this Act or a regulation or by-law made under this Act, the council or an official of the council, may, in addition to all other remedies, in the name of the city apply to the Trial Division for possession of the building and the Court or a judge of the court may make an order for possession for the purpose of carrying out the provisions of this Act. RSN 1970 c40 s405; 1986 c42 Sch A Back to Top Additional penalty 405. A person who contravenes or fails to comply with a rule, regulation or by-law of the council made under this Act or who fails to comply with an order made by the council or an official of the city under this Act shall, in addition to all other penalties provided by this Act, be liable to a fine of not more than $5 for every day during which the contravention or non-compliance continues, which penalty shall be imposed by a Provincial Court judge upon the complaint of the city. RSN 1970 c40 s406 Back to Top Conditional permission 406. Where a person receiving permission from the city to do something in relation to property, the doing of which requires the permission of the council, is granted permission on the condition that he or she does or omits anything in relation to the property, the condition shall be clearly set out in writing expressing also the time within which the condition is to be complied with; and a copy of the writing shall be given to the recipient of the permission when the permission is given; and he or she shall be required to sign the council's copy; and the council may in its discretion either (a) require a bond from the recipient of the permission at the time when he or she receives the permission in a sum equal to the estimated cost of performance of the condition, conditioned to be forfeited at a fixed time on non-compliance with the condition; or (b) not having required a bond, where the time for the performance of the condition has passed without its being complied with, enter and do what is required to comply with the condition and recover the cost from the recipient of the permission as a civil debt. RSN 1970 c40 s407 Back to Top Previous enactments 407. A provision of an Act relating to the city which by a section of a subsequent Act was repealed but continued in effect as a by-law or regulation made by the council shall continue as the by-law or regulation and may be (a) amended ; (b) revoked ; or (c) revoked and other regulations substituted for it, by the council under the powers vested in it under this Act. RSN 1970 c40 s408 Back to Top Acts 408. The Limitation of Actions Realty Act does not apply to the city in respect of lands or an interest in lands owned or held by it. RSN 1970 c40 s409 Back to Top Schedule A Starting at a point, at the centre of the tower of Fort Amherst lighthouse, then running on a course of north 34°, 32' east, a distance of 405.26 metres to a point in the high water mark of North Head on the north side of the St. John's Narrows; then running in a general northerly direction along the high water mark of the eastern shore of the District of St. John's East and passing thereby, Soldiers Gulch, Cuckolds Cove and Cuckolds Head; then running in a westerly direction along the south shoreline of Quidi Vidi Harbour to the centre line of Quidi Vidi River; then in a northwesterly direction following the meanders of the centre line of Quidi Vidi River to a point being the intersection of the centre line of Quidi Vidi River and the northeast street line of Quidi Vidi Road; then running along the northeast street line of Quidi Vidi Road or the Boulevarde to its intersection with the west street line of White Hills Road; then along the west street line of White Hills Road to the point of intersection of the west street line of White Hills Road, and the east street line of Newfoundland Drive; then running north 66°, 42' 3" west, 1024.71 metres to a point in the centre of a bridge over the Virginia River at its intersection with the Logy Bay Road and then running north 76°, 14' 30" west, 213.85 metres to a point, being on the east boundary of the North East Land Development and then following the boundaries of the North East Land Development north 2°, 23' 57" east, 23.87 metres; north 34° 04' 37" west, 77.50 metres; north 8°, 46' 24" west, and 149.73 metres; north 23°, 49' 49" east, 6.4 metres; south 81°, 58' 7" east, 5.24 metres; north 48°, 48' twenty-three 23" east, 26.72 metres; north 30°, 31' 57" west, 17.68 metres; south 73°, 17' 3" west 30.48 metres; north 29°, 59' 33" west, 78.72 metres; south 60°, 44' 26" west, 124.14 metres north; 31°, 48" west, 95.55 metres to the south boundary of Maunders Lane and then running south 60 °, 7' 56" west, 403.90 metres to the point of intersection of the centre line of Torbay Road and Maunders Lane; and then running south 85°, 46' 39" west, 1,466.23 metres to the point of intersection of the centre line of Portugal Cove Road and Hunt's Lane; and then running south 31° west, 822.96 metres; and then running south 41°, 40' east, 449.37 metres; and then running south 39° 39' 26" west, 1,001.04 metres to a point in the centre of a bridge, the bridge the first bridge on Mount Scio Road west of Nagles Hill Road; and then running south 38°, 31' 36 " west, 2130.55 metres more or less to a point on the southern side of Oxen Pond Road; then following the southern reservation of Oxen Pond Road in a generally westerly direction a distance of 457.2 metres more or less to a point, the point being the most western extremity of a triangle of land jutting into and separating Groves Road from Oxen Pond Road; then south 18°, 30' west, a distance of 220.98 metres more or less to a point on the southern side of Thorburn Road; then in a generally easterly direction along the southern boundary of Thorburn Road, a distance of 456.29 metres to the point of intersection of the line with the northeast boundary corner of land of the St. John's Housing Corporation Industrial Development; and then running south 32°, 45' 32" west, 70.71 metres; and then running south 53°, 52' 23" west, 91.32 metres; and then running north 73°, 14' 57" west, 100.89 metres; and then running south forty-nine 49°, 45' 44" west, 170.69 metres; and then running north 35°, 52' 9" west, 96.37 metres to the point of intersection of the line with the northernmost angle of land of the St. John's Housing Corporation Industrial Development; and then running 49°, 30' 11" west, 551.38 metres along the northwestern boundary of the northwest corner of land of the St. John's Housing Corporation Industrial Development; and then running south 40°, 43' 34" east, along the northwestern boundary of land of the St. John's Housing Corporation Development, 455.36 metres to a point on the Kenmount Road, the point being 467.87 metres west of the intersection of the centre line of Kenmount Road and the centre line of Peet Street; and then running south 29°, 9' 52" east, 1,533.50 metres to the point of intersection of the centre line of Jensens Camp Road and Blackmarsh Road; and then running south 36°, 39' 57" west, 2,868.02 metres to the point of intersection of Topsail Road and Greenwood Avenue; and then running south 64°, 14' 45" west, 58.38 metres to the intersection of the centre line of Greenwood Avenue and the original west street line of Dunns Road; and then running south 36°, 52' 44" east, 220.07 metres more or less to a point, the point being the intersection of the centre line of Dunns Bridge and the southern bank of the Waterford River; then in a generally southerly and southeasterly direction following the southern bank of the Waterford River and the western Bank of an unnamed stream that flows into the Waterford River for a distance of 566.93 metres more or less to a point, the point being the intersection of the west bank of the unnamed stream and the northwest abutment of a bridge that carries the Canadian National Railway line over the stream; then following the centre line of the Canadian National Railway track in a generally easterly direction 213.35 metres more or less to a point, the point being located 563.88 metres more or less in a generally southwesterly direction from the intersection of the centre line of the Canadian National Railway track and the centre line of Old Placentia Road; then running south, 41° east, crossing Old Placentia Road and following the fence line of private lands and the continuation thereof, for a distance of 957.07 metres more or less to a point on the north bank of South Brook, then following the meanders of the north bank of South Brook in a generally northeasterly direction to a point opposite the northernmost corner of land of O'Neils and then running by the land of O'Neil, south 69°, 46' 44" east, 255.27 metres to a point, the point being the northwest limits of the Bay Bulls Road, then running in a northeasterly direction, and following the northwest limits of the Bay Bulls Road, 272.47 metres to a point, the point being the intersection of the northwest limits of the Bay Bulls Road and the southwest corner of private land fronting on the Bay Bulls Road, and then running along the private land north 55°, 12' 52" west, 49.34 metres to a point on the southeast limits of an abandoned railway right of way, and then running along the southeast limits of the railway right of way north 25°, 34' 45" east, 390.24 metres; north 38°, 10' 18" east, 68.16 metres; north 58°, 36' 12" east, 78.73 metres to a point on the southwest property line of one Frank Stanley, and then running along the southwest property line of Frank Stanley, north 28°, 47' 17" west, 56.16 metres; north 34°, 30' 44" east, 2.83 metres to a point on the northwest property of Frank Stanley; and then running along the northwest property of Frank Stanley and Charles Stanley, north 59°, 44' 44" east, 37.03 metres to a point on the southwest boundary line of the Lannon property; and then running along the southwest boundary line of the Lannon property north 31°, 31' 44" west, 14.84 metres; north 13°, 22' 16" west, 3.17 metres; north 19°, 34' 13" west, 9.2 metres to a point on the north boundary line of the Lannon property; and then running along the north boundary line of the Lannon property north 75°, 48' 14" east, 29.36 metres to a point on the northeast boundary line of the Lannon property; and then running along the northeast boundary line of the Lannon property and the prolongation of the line south 33°, 4' 21" east, 78.76 metres to a point on the northwest limits of the Bay Bulls Road; and then running along the northwest limits of the Bay Bulls Road, north 46°, 23' 50" east, 259.32 metres to a point in the west bank of O'Brien's Brook; and then running north 46°, 52' 49" west, 56.69 metres to a point in the south bank of South River; then following the south bank of the South River in a generally northeasterly direction 106.68 metres more or less to the intersection of the south bank of the South River and the centre line of the Canadian National Railway track; then following the railway track in a generally easterly direction for a distance of 341.38 metres more or less to a point, the point being the intersection of the centre line of the railway track and the continuation of the centre line of the road crossing Waterford Bridge; then running south 33°, 50' east, 106.68 metres more or less; and then running north 39°, 26' 49" east, 2,119.61 metres to a point, the point being distant 152.4 metres measured on a course of south 69°, 27' 56" east, from the centre of Symes Bridge; and then running north, 54°, 27' 11" east, 3,871.44 metres, to the point of commencement. All bearings are referred to the True Meridian. Back to Top Schedule B FORM OF GUARANTEE TO BUILDING SOCIETIES. 1. In this Schedule (a) " lands " shall include leaseholds; (b) " securities " shall mean bonds, debentures, debenture stocks or other securities. 2. A company incorporated or continued under the Corporations Act with a share capital, whose main objects of incorporation are the acquisition of lands in or near the city of St. John's, and the building and making on the lands of dwelling houses of moderate size and improvements and conveniences, to be rented at moderate rents, may petition the council to guarantee its securities, to enable or help it to raise money to carry out those main objects. 3. Where the council is satisfied that additional housing accommodation for those living or working in the city is urgently needed, and that the main purpose of the company is to help, in good faith, in supplying the need, and is not to make profits, and that the company, without borrowing the money required, over and above the proceeds of the guaranteed securities, for the housing accommodation in contemplation, will be able to provide the accommodation, the council may pass a by-law authorizing and providing for the giving by the council of the guarantee to the amount and upon the terms and conditions contained in this Schedule. 4. The council shall, before the guarantee is given, approve of the location of the lands selected for the housing accommodation and of the general plans for the houses. 5. The securities to be guaranteed shall be secured by 1 or more deeds of trust by way of 1st mortgage or charge upon the lands that the council may approve of, including the house and improvements built and made or to be built and made on the land. 6. The kind of securities to be guaranteed and the forms and terms of the securities, the forms and terms of the deed or deeds of trust securing them, the trustee, the times and manner of the issue of securities, the disposition of the money to be raised by sale, pledge, or otherwise, pending the expenditure of the money, and the forms and manner of guarantee, shall be the as the council approves; and the terms, provisions and conditions may be included in the deed of trust as the council considers necessary. 7. The guarantee shall be signed by the mayor and city clerk, and upon its being so signed the city shall become liable for the payment of the principal and interest of the securities guaranteed, according to the tenor of the guarantee. 8. Where the city becomes liable to pay guaranteed securities, it may provide for the payment of them out of the general funds of the city or by the issue of debentures payable within a term not exceeding 10 years from the issue of them, and it shall not be necessary to obtain the assent of the Legislature, to a by-law providing for the issue of the debentures. 9. The total amount of securities to be guaranteed shall not in the first instance exceed 75% of an amount to be fixed in the deed of trust as representing the value of the lands and housing accommodation and improvements to be built and made on the lands, and the deed may make provisions for the expenditure of additional money on the lands and housing accommodation and improvements and for the acquisition of additional lands to be made part of the mortgaged premises, and for expenditure on the lands, and for the issue of additional guaranteed securities under the deed, but so that the total amount outstanding shall not exceed 75% of the value of the mortgaged premises to be ascertained and fixed in the manner provided in the deed, and for the issue of the additional securities in advance of expenditure, and for the disposition of the money to be raised by sale, pledge or otherwise, pending the expenditure of it. 10. (1) The council may appoint and remove 1 member of the board of directors of the company, and in case of a vacancy in the membership by removal, death, resignation or otherwise, his or her successor may be appointed by the council. (2) It shall not be necessary for the appointee of the council to hold stock in the capital of the company or to be otherwise qualified as a director. 11. The books of a company whose securities have been guaranteed by the city in this Schedule referred to as the "assisted company", shall at all times be open to inspection by a person named to do that by the council. 12. (1) A dividend upon the capital stock of the assisted company or other distribution of profits among the shareholders shall not be declared or paid exceeding 6% a year. (2) The dividend referred to in subsection (1) may be payable in instalments during the year. (3) Where the sums paid in a year do not amount to 6%, the deficiency, with interest, may be made up in a subsequent year. 13. (1) Net profits received by the assisted company in a year, and not required to pay the 6% or to make up a deficiency or for a reasonable contingent fund, shall be spent by the company in acquiring lands, improving its housing accommodation by way of new buildings, additions, extensions or other improvements, or in redeeming or getting in the capital stock of the company as provided in this Schedule. (2) The Trial Division shall have jurisdiction, upon the application of the council, to enforce the carrying out of this section by the company, its directors and officers. 14. (1) The assisted company may, with the approval of the council, pass a by-law providing for redeeming or getting in, upon the plan and terms and at the times that may be considered best, the whole or part of the outstanding shares in the capital stock of the Company. (2) For the purpose referred to in subsection (1) available money, whether representing capital or otherwise, may be used but a 10% greater premium shall not be paid upon the redemption or getting in of a share. (3) After 5 years from the 1st issue of guaranteed securities the Company, at the request of the council, shall pass the by-law and a difference which may then arise respecting the terms of the by-law shall be settled by the Lieutenant-Governor in Council. 15. A shareholder may give or bequeath to the assisted company or to the board of trustees established under section 16, the whole or a part of his or her shares in the capital stock of the company, and the company may accept and hold the shares until transferred to the board of Trustees. 16. (1) The assisted company may, with the approval of the council, establish a board of Trustees to receive and hold the shares redeemed or got in or given or bequeathed to the company or to the board, upon the trusts and for the purposes and with the powers that may be thought expedient in furtherance of the objects of the company and that may be declared or provided for in the instrument establishing the board. (2) The successors of the trustees shall be appointed in the manner provided for in the instrument. (3) The company with the approval of the council may alter the terms of the instrument and add to or otherwise vary the trusts, purposes and powers mentioned in the instruments. (4) After 5 years from the 1st issue of guaranteed securities the company, at the request of the council, shall establish the board of trustees and a difference which may arise respecting the terms of the instrument establishing the board shall be settled by the Lieutenant-Governor in Council. 17. The shares redeemed or got in or given or bequeathed to the company shall not become extinct, but shall be transferred to and vested in the board of trustees. 18. The council may provide the company with money to be applied in the redemption or getting in of shares under the terms of the by-law referred to in section 14, and the company shall apply the money accordingly. 19. Stock in the capital of the assisted company shall not be sold or disposed of for a consideration other than cash, and money received by the assisted company on account of its capital stock shall not be used for expenditures other than those connected with the carrying out of the objects of the company, the acquisition of lands in or near the city and the building and making on the lands of dwelling houses of moderate size and improvements and conveniences. 20. The assisted company may accept legacies, gifts and devises of property. RSN1970 c40 Sch A; 1986 c12 Sch; 1986 c42 Sch A; 1987 c38 Sch B Back to Top Schedule C City of St. John's : To .............…………....., my bailiff, or another bailiff or collector of rates and taxes of the city of St. John's . The persons named in the attached form are indebted to the city of St. John's in the sums set opposite to their respective names in respect of the taxes, rates, rents, assessments, or licence fees specified in the form you are required to immediately make distress of the goods and chattels of those persons respectively and where within 5 days after the distress, the sums in the form set opposite their respective names, together with the necessary charges of taking and keeping the distress, are not paid by each of them respectively, you shall sell the goods and chattels of those that have defaulted in the payment. Out of the money individually arising from the sales you shall immediately pay over the sums so due by them respectively to me, and give to the respective owners of the goods, upon demand, the surplus remaining from the sale of the goods, the necessary charges of taking, keeping, and selling the distress being first deducted; and where a distress cannot be made, you shall then so certify to me. Signed at St. John's , this day of , 19 . ........……….......... City Clerk. The form referred to in Schedule C: Name of Debtor Description and Residence or place of Business Amount Due City Nature of Debt For What Period Back to Top RSN1970 c40 Sch B Schedule D FORM OF PERMIT TO OCCUPY NEWLY ERECTED BUILDING City of St. John' s , ........………........ 19... The building No ...................... Street, the property of ..............…….... has been examined by me, and I certify that it has been built in accordance with the plans submitted and approved, and conforms in all respects to the building regulations of the city, and I authorize that the building may be occupied, used and inhabited. .........……….......... City Engineer RSN1970 c40 Sch C Back to Top Schedule E No. Plumber's Certificate City Engineer's Office, St. John's Nfld.…. 19... This is to certify that the plumbing in the house of.….…..... No ..... …... Street, owned by......…............. Permit No .. ….... has been executed in accordance with the rules and regulations of the St. John's Municipal council by...........…........ licensed plumber. ..…………................ Plumbing Inspector RSN1970 c40 Sch D Back to Top Schedule F All that area situated and being in the districts of Ferryland and Harbour Main bounded and abutted as follows: By a line starting at the mouth of Mobile River and running in a general northwesterly direction for a distance of 15 miles more or less along the divide between the area drained by Mobile River and the area drained by Witless Bay River and Pierres Brook; then turning and running in a general southwesterly direction for a distance of 13 miles more or less along the divide between the area drained by the Mobile River and the area drained by rivers flowing into Conception Bay and St. Mary's Bay; then turning and running in a general easterly direction along the divide between the area drained by the Mobile River and the area drained by Tors Cove River for a distance of 17 miles more or less to the place of commencement (the area containing 50 square miles more or less). RSN1970 c40 Sch E