The Municipal Unit and Country Act

Transcription

1 The Municipal Unit and Country Act UNEDITED being Chapter 160 of The Revised Statutes of Saskatchewan, 1965 (effective February 7, 1966). NOTE: This consolidation is not official. Amendments have been incorporated for convenience of reference and the original statutes and regulations should be consulted for all purposes of interpretation and application of the law. In order to preserve the integrity of the original statutes and regulations, errors that may have appeared are reproduced in this consolidation.

2 Table of Contents 1 Short title SHORT TITLE INTERPRETATION 2 Interpretation PART I Establishment of Common Boundaries 3 Procedure PART II Municipal Units ORGANIZATION 4 Petition for establishment of municipal unit and submission to vote 5 Constitution of municipal unit 6 Effect of constitution of municipal unit 7 Municipal unit a body corporate COUNCIL 8 Exercise of powers of unit by council 9 Constitution of council 10 Preparation for first election 11 Certain matters respecting nominations, elections, etc., governed by Rural Municipality Act 12 Separate ballots for reeve and councillors 13 Election before completion of first voters list 14 Persons qualified to vote at elections after completion of first voters list 15 Where voters entitled to vote 16 Returning officer at first election to act as secretary 17 Payment of expenses of plebiscite, first election, etc. 18 Commencement of term of office of first councillors 19 Deputy reeve 20 Powers and duties of reeve 21 Remuneration of members of council and of committees OFFICERS AND COMMITTEES 22 Officers 23 Committees 24 Annual estimates 25 Levy of taxes TAXATION AGREEMENTS RESPECTING JOINT OPERATIONS 26 Agreements with other municipal units or with cities, towns, villages or rural municipalities MISCELLANEOUS 27 Inclusion of municipal units in references in other Acts 28 Bylaws of municipality merged in municipal unit remain in force until repealed or replaced 29 Debenture bylaws not to be repealed or altered 30 Powers and restrictions respecting certain liabilities PART III Counties ORGANIZATION 31 Petition for establishment of county and submission to vote 32 Constitution of county 33 Effect of constitution of county 34 County a body corporate COUNCIL 35 Exercise of powers of county of council 36 Constitution of council 37 Preparation for first election 38 Certain matters respecting nominations, elections, etc., governed by Rural Municipality Act 39 Separate ballots for reeve and councillors 40 Election before completion on first voters list 41 Persons qualified to vote at elections after completion of first voters list 42 Where voters entitled to vote 43 Registration of voters 44 Returning officer at first election to act as secretary 45 Payment of expenses of plebiscite, first election, etc. 46 Commencement of term of office of first councillors 47 Deputy reeve 48 Powers and duties of reeve 49 Remuneration of members of council and committees OFFICERS AND COMMITTEES 50 Officers 51 Committees TAXATION 52 Annual estimates and levy of taxes AGREEMENTS RESPECTING JOINT OPERATIONS 53 Agreements with other counties or with cities, towns or villages MISCELLANEOUS 54 Inclusion of counties in references in other Acts 55 Bylaws of municipality or municipal unit merged in county remain in force until repealed or replaced 56 Debenture bylaws not to be repealed or altered

3 57 Status of school districts not affected by merger in county 58 Inclusion of separate school district in county by agreement 59 Restriction on incurring of liabilities 60 Limitation on debenture debt 61 Regulations PART IV General

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5 CHAPTER 160 An Act to provide for the Establishment of Local Government Units to be known as Municipal Units or Counties SHORT TITLE Short title 1 This Act may be cited as The Municipal Unit and County Act. R.S.S. 1965, c.160, s.1. Interpretation 2 In this Act: INTERPRETATION city elector (a) city means a city heretofore or hereafter created or established in Saskatchewan; (b) elector means a person entitled to vote at municipal unit or county elections; health district (c) health district means a health district as defined by The Health Services Act; health region (d) health region means a health region as defined by The Health Services Act; local authority (e) local authority means any public organization created by an Act of the Legislature and exercising jurisdiction or powers of a local nature, not elsewhere in this section defined or referred to, that is declared by an order of the Lieutenant Governor in Council to be a local authority for the purposes of this Act; local improvement district (f) local improvement district means a local improvement district constituted under The Local Improvement Districts Act or any former Local Improvement Districts Act; minister (g) minister means the Minister of Municipal Affairs; municipality (h) municipality means a rural municipality constituted under The Rural Municipality Act or any former Rural Municipality Act; school district (i) school district means a district within the meaning of The School Act or The Secondary Education Act and includes a consolidated district but does not include a separate school district; school unit (j) school unit means a unit as defined by The Larger School Units Act;

6 6 c. 160 MUNICIPAL UNITS AND COUNTIES secretary (k) secretary means the secretary or the secretary treasurer of a municipal unit or the secretary or the secretary treasurer of a county, as the case may require; town (l) town means a town heretofore or hereafter created or established in Saskatchewan; town school district (m) town school district means a town district as defined by The School Act; union hospital district (n) union hospital district means a union hospital district established under The Union Hospital Act; village (o) village means a village erected under The Village Act or any former Village Act. 1962, c.56, s.2; R.S.S. 1965, c.160, s.2. PART I Establishment of Common Boundaries Procedure 3(1) For the purpose of establishing common outer boundaries of one or more municipalities, local improvement districts, school units, school districts, union hospital districts, health regions, health districts and local authorities, or any of them, the Lieutenant Governor in Council may by order cause to be prepared a map of Saskatchewan, or any part thereof, on which shall be shown from time to time boundaries which shall be the boundaries of municipal units to be established under Part II or of counties to be established under Part III and of local improvement districts, school units, school districts, union hospital districts, health regions, health districts and other local authorities to be hereafter established or to which existing local improvement districts, school units, school districts, union hospital districts, health regions, health districts or local authorities may hereafter be adjusted. (2) Every such order shall be published in The Saskatchewan Gazette. (3) Upon the publication of such an order the Minister of Education may proceed to adjust the boundaries of school districts and school units to boundaries referred to in the order in accordance with The School Act or The Larger School Units Act. (4) Upon the constitution of a municipal unit under Part II or of a county under Part III the minister may by order: (a) alter the area of and establish new boundaries for any organization mentioned in subsection (1); (b) transfer to another organization of like nature or, in the case of a local improvement district, either to another local improvement district or to a municipality, any part of any area severed from its existing organization by an order made under clause (a).

7 MUNICIPAL UNITS AND COUNTIES c (5) Every such order shall be published in the Gazette and shall take effect on the first day of January of the year next following the date of publication. (6) Notwithstanding anything in any other Act, upon the alteration of the boundaries of any organization mentioned in subsection (1) provision shall be made for the settlement and adjustment of the assets and liabilities of the organization between the organizations into which it has been divided, or between the organization and the organizations to which any parts of it have been added or from which any parts have been taken, in accordance with an agreement between the elected councils or boards of the organizations concerned or, in the case of local improvement districts, between the elected councils or boards of the organizations concerned and the Minister of Municipal Affairs. (7) If the governing bodies cannot agree upon the terms of the apportionment and adjustment of their respective assets and liabilities The Local Government Board shall, by order, apportion and adjust those assets and liabilities as it deems expedient. (8) No agreement under subsection (6) shall be effective until confirmed by an order of The Local Government Board. (9) Every agreement under subsection (6) and every order of The Local Government Board under subsection (7) or (8) shall make provision for the rights and security of the holders of any outstanding debentures affected thereby and for the rights and securities of other creditors. PART II Municipal Units ORGANIZATION 1962, c.56, s.3; R.S.S. 1965, c.160, s.3. Petition for establishment of municipal unit and submission to vote 4(1) In this section elector means a person who possesses the qualifications of an elector under The Rural Municipality Act in respect of the area of the proposed municipal unit. (2) Upon receipt by the minister of a petition in the form prescribed by him and signed by at least such number of electors as the minister may specify, being not less than two hundred nor more than five hundred, requesting the establishment of a municipal unit, he may, if he considers it expedient to do so, direct that a plebiscite be held for the purpose of determining whether a majority of the persons voting at the plebiscite favour or oppose the establishment of the proposed municipal unit. (3) Where a plebiscite is, under subsection (1), directed to be held the minister may appoint such officers as he deems necessary for the taking of the vote and may make regulations governing all proceedings in connection with the taking of the vote and preliminary and subsequent thereto. (4) No person other than an elector shall be entitled to vote at a plebiscite. 1962, c.56, s.4; R.S.S. 1965, c.160, s.4.

8 8 c. 160 MUNICIPAL UNITS AND COUNTIES Constitution of municipal unit 5(1) If a majority of the persons voting at a plebiscite held under section 4 vote in favour of the establishment of the area in respect of which the plebiscite is held as a municipal unit, the minister may, at any time within two years after the plebiscite was held, by order constitute that area as a municipal unit, assign thereto a name and number, divide the unit into not less than six electoral divisions, number the divisions and fix their respective boundaries. (2) In selecting a name for the municipal unit the minister shall consult the councils of the existing municipalities to be incorporated therein, and in dividing the municipal unit into electoral divisions, he shall have regard, as far as conveniently possible, to both population and area. (3) The order shall be published in the Gazette and, subject to subsection (6), shall take effect on the first day of January of the year next following the date of publication. (4) The publication of the order shall be conclusive evidence of the constitution of the municipal unit and that all the necessary formalities have been complied with. (5) Nothing in subsection (1) shall be deemed to authorize the inclusion within the boundaries of the municipal unit of: (a) any regional park or part of a regional park established under The Regional Parks Act or The Regional Parks Act, 1960; (b) any provincial park or part of a provincial park created under The Provincial Parks, Protected Areas, Recreation Sites and Antiquities Act, or any former Act respecting provincial parks and protected areas; (c) any area included in a city, town or village. (6) The minister may, by the order made under subsection (1), declare that the order shall take effect on a date earlier than the date prescribed by subsection (3), for the purpose of nominating candidates for election as members of the first council of the municipal unit, and for the purpose of electing members of the first council of the municipal unit, and for the purpose of doing anything incidental to such nomination or election, but no person elected as councillor shall take office before the date prescribed by subsection (3). 1962, c.56, s.5; R.S.S. 1965, c.160, s.5. Effect of constitution of municipal unit 6(1) Upon the effective date of an order constituting a municipal unit: (a) every municipality and local improvement district, or part thereof, that lies wholly within the boundaries of the municipal unit shall be merged and incorporated in the municipal unit; (b) every such local improvement district shall cease to exist and the minister shall cease to exercise any jurisdiction, power, duty or function in relation thereto, except such jurisdiction as may be vested in him in relation to the district as an integral part of the municipal unit; (c) every municipality merged and incorporated in the municipal unit under clause (a) shall cease to exist and the council thereof shall cease to exercise any jurisdiction or power, or perform any duty or function, in relation thereto;

9 MUNICIPAL UNITS AND COUNTIES c (d) subject to the approval of the minister, the council of a municipal unit may enter into an agreement with the council of a city, town or village for the inclusion of the city, town or village in the municipal unit upon such terms and conditions as may be agreed upon, including provision for representation on the council of the municipal unit; (e) all the rights, powers, privileges, duties and functions that under any Act or law, except for such merger, would have applied to or would have been exercisable by any such organization, or by the council thereof, shall be vested in or conferred or imposed upon the municipal unit or the council thereof, as the case may be; (f) subject to clause (d), all the assets of any such organization remaining after the apportionment under subsections (6) and (7) of section 3 shall be vested in the municipal unit, and all the liabilities of any such organization remaining after the apportionment shall be assumed by the municipal unit; provided that, subject to subsection (2), where a surplus is recorded by any organization being merged in the municipal unit the surplus shall be allotted to and expended for the benefit of the area where the surplus is recorded, when funds are available; (g) all remedies that are available under any Act or law for the collection of any taxes or other debts due or accruing to any such organization shall be available to and may be exercised by and in the name of the municipal unit, and any proceedings pending in respect thereof may be continued in the name of the municipal unit. (2) The proviso to clause (f) of subsection (1) shall cease to apply after five years from the effective date of the order constituting the municipal unit or after such further period as the council of the municipal unit may determine. 1962, c.56, s.6; R.S.S. 1965, c.160, s.6. Municipal unit a body corporate 7 The inhabitants of every municipal under this Act shall be a body corporate of The Municipal Unit of No , c.56, s.7; R.S.S. 1965, c.160, s.7. COUNCIL Exercise of powers of unit by council 8 The powers of a municipal unit shall be exercisable by the council thereof. 1962, c.56, s.8; R.S.S. 1965, c.160, s.8. Constitution of council 9(1) The council of a municipal unit shall consist of: (a) a reeve who shall be an elector of the municipal unit in respect of which he is nominated and who shall be elected by the vote of the electors of that unit, and who shall hold office for three years; and (b) one councillor from each electoral division who shall be an elector of the division in respect of which he is nominated and who shall be elected by the vote of the electors of that division.

10 10 c. 160 MUNICIPAL UNITS AND COUNTIES (2) Subject to subsection (3), each councillor shall hold office for three years, except where he is elected to fill a vacancy in which case he shall hold off ice for the remainder of the term of office of the councillor being replaced. (3) The councillors elected at the first election held in a municipal unit shall hold office as follows (a) those elected for the divisions numbered 1 and 4 and, if the unit is divided into seven or more divisions, the councillor elected for the division numbered 7 shall hold office for three years; (b) those elected for the divisions numbered 2 and 5 and, if the unit is divided into eight or more divisions, the councillor elected for the division numbered 8 shall hold office for two years; (c) those elected for the divisions numbered 3 and 6 and, if the unit is divided into nine or more divisions, those elected for the division numbered 9 and the remaining divisions, if any, shall hold office for one year: Provided that the minister may by order alter any or all of those terms of office. 1962, c.56, s.9; R.S.S. 1965, c.160, s.9. Preparation for first election 10(1) Upon the publication of the order constituting a municipal unit the minister shall by order: (a) appoint a returning officer for the first election in the municipal unit; (b) make all necessary arrangements and give all necessary directions for the conduct of the election. (2) The returning officer so appointed shall at least three weeks before the fourth Monday in October in the year in which the order is made: (a) fix a place for the nomination meeting; (b) fix one or more polling places for each division, which may but need not be in any urban centre within or adjoining the division; (c) appoint the necessary election officers for each polling place. 1962, c.56, s.10; R.S.S. 1965, c.160, s.10. Certain matters respecting nominations, elections, etc., governed by Rural Municipality Act 11 At the first and every subsequent election of the council of the municipal unit the dates for nomination and elections, preparation of the voters lists the qualifications, nomination and election of members, and all matters and things in connection therewith, shall be governed by The Rural Municipality Act in so far as it is applicable and not inconsistent with this Act. 1962, c.56, s.11; R.S.S. 1965, c.160, s.11. Separate ballots for reeve and councillors 12 Separate ballot papers shall be provided for the election of reeve and councillors. 1962, c.56, s.12; R.S.S. 1965, c.160, s.12.

11 MUNICIPAL UNITS AND COUNTIES c Election before completion of first voters list 13(1) In the case of an election held before the completion of the first municipal unit voters list every person who presents himself for the purpose of voting shall be required, before he is handed a ballot paper, to sign a declaration in the following form, and the deputy returning officer shall permit every person who signs the declaration to vote and shall record in the poll book the name of each person who so signs: DECLARATION OF ELECTORS Taken this day of, 19. The undersigned severally declare each for himself (or herself): 1 That he (she) is of the full age of eighteen years; 2 That he (she) is the assessed owner of land in the municipal unit and a resident of Saskatchewan; or 3 That he (she) has been for a period of thirty days immediately before the first day of July: (a) a tenant of land of at least eighty acres, and a resident of the municipal unit; or (b) an occupant of premises in the municipal unit as a tenant at a rental that would amount to $60 annually; or 4 That he (she) resides in the municipal unit and is a shareholder in a duly incorporated co-operative association that is engaged in farming and is assessed in the municipal unit; or 5 That he (she) is the registered owner of taxable land in the municipal unit or the owner under an agreement for sale of taxable land in the municipal unit; or 6 That he (she) is the husband (wife) of a person qualified under paragraph 2, 3, 4 or 5 and resides with his wife (her husband). Name Applicable paragraphs of above declaration (2) Every person who signs the declaration shall be entitled to vote once only for reeve and once only for councillor, and he shall vote in the division in which he resides, unless: (a) he resides outside the municipal unit, in which case he shall vote in the division in which the land in respect of which he is assessed is situated; or (b) he is assessed in respect of land situated in two or more divisions and resides outside the municipal unit, in which case he may vote in either, or in any one, of the divisions in which any of the lands in respect of which he is assessed are situated. 1962, c.56, s.13; R.S.S. 1965, c.160, s.13. Persons qualified to vote at elections after completion of first voters list 14 In the case of an election held after the completion of the first voters list the persons qualified to vote shall be persons who are qualified to vote at elections under The Rural Municipality Act. 1962, c.56, s.14; R.S.S. 1965, c.160, s.14.

12 12 c. 160 MUNICIPAL UNITS AND COUNTIES Where voters entitled to vote 15 Every person qualified to vote at an election to which section 14 applies shall be entitled to vote once only for reeve and once only for councillor, and he shall vote in the division in which he resides, unless: (a) he resides outside the municipal unit, in which case he shall vote in the division in which the land in respect of which he is assessed is situated; or (b) he is assessed in respect of land situated in two or more divisions and resides outside the municipal unit, in which case he shall vote at the polling place for the division in which his total assessment is higher than in any other division and in case of equality of assessment he shall vote at the polling place for the division that bears the lower or lowest number, as the case may be. 1962, c.56, s.15; R.S.S. 1965, c.160, s.15. Returning officer at first election to act as secretary 16 Until a secretary of the municipal unit is appointed the returning officer at the first election shall have and exercise the powers and perform the duties of a secretary appointed pursuant to The Rural Municipality Act. 1962, c.56, s.16; R.S.S. 1965, c.160, s.16. Payment of expenses of plebiscite, first election, etc. 17 The minister may authorize payment of the expenses incurred in connection with the conduct of a plebiscite and the first election, and of expenses incidental to the constitution of a municipal unit, and may also authorize the payment to each member of the council, for not more than four council meetings held after they have been elected and before they take office, of such sums as he considers reasonable. 1962, c.56, s.17; R.S.S. 1965, c.160, s.17. Commencement of term of office of first councillors 18 The councillors elected at the first election shall take office on the first day of January next following their election 1962, c.56, s.18. Deputy reeve 19(1) At its first meeting in each year the council shall elect one of its members as deputy reeve for that year. (2) Where a vacancy occurs during any year in the office of deputy reeve the council shall as soon as possible thereafter elect one of its members to fill the vacancy for the remainder of the year c.56, s.19; R.S.S. 1965, c.160, s.19. Powers and duties of reeve 20 The reeve shall be the chief executive officer of the municipal unit and shall have and exercise all the rights, privileges and powers and perform all the duties of: (a) a reeve under The Rural Municipality Act; (b) an overseer under The Village Act, where a village has been included in the municipal unit by agreement; (c) a mayor under The Town Act, where a town has been included in the municipal unit by agreement. 1962, c.56, s.20; R.S.S. 1965, c.160, s.20.

13 MUNICIPAL UNITS AND COUNTIES c Remuneration of members of council and of committees 21(1) The council may pass a resolution providing for payment to the reeve and each other member of the council of a sum not exceeding: (a) $15 per diem for each regular or special meeting of the council attended by him; (b) $15 per diem for each meeting of a committee attended by him on a day other than one on which a regular or special meeting of the council is held; (c) $15 per diem for each day otherwise necessarily occupied by him in attending to the conduct of the business of the municipal unit, other than attending municipal conventions; but the maximum annual remuneration of any member under clauses (a), (b) and (c), other than the reeve and the deputy reeve, shall not exceed $750. (2) The maximum annual remuneration of the reeve shall not exceed $1,500 and of the deputy reeve $1,000. (3) In addition to the remuneration provided for by subsections (1) and (2), the council may pass a resolution providing for payment to the reeve and each other member of the council of an allowance not exceeding eleven cents per mile for every mile necessarily travelled by him within the municipal unit for the purpose of attending any regular or special meeting of the council or a meeting of a committee or conducting other business of the municipal unit, but a mileage allowance shall be payable only where a per diem allowance is payable and no claim for a mileage allowance shall be paid until the member claiming payment has filed with the secretary an itemized account showing the mileage travelled and the work done or the services performed and a resolution has been passed by the council authorizing payment. (4) A person appointed under subsection (3) of section 23 as a member of a committee shall be paid the same per diem allowance as is fixed for councillors, for each meeting of the committee attended by him and for each day necessarily occupied by him in the conduct of the business of the committee, but the maximum annual remuneration of such a person shall not exceed $375. Every such person shall also be paid a mileage allowance on the same basis as mileage allowances provided for in the case of councillors. (5) In addition to the remuneration provided for by subsections (1) and (4) the council may pass a resolution providing for payment to the reeve and each other member of the council and to each person appointed under subsection (3) of section 23 as member of a committee of a sum sufficient to cover his actual expenses while necessarily absent from the municipal unit upon any business of the council entrusted or delegated to him by resolution of the council or in attending a convention for the purpose of which he has been appointed by the council as a delegate. (6) No member of the council shall receive remuneration for his services except as provided in this or any other Act. 1962, c.56, s.21; R.S.S. 1965, c.160, s.21.

14 14 c. 160 MUNICIPAL UNITS AND COUNTIES OFFICERS AND COMMITTEES Officers 22(1) The council shall at its first meeting after the constitution of the municipal unit, or as soon thereafter as practicable, and from time to time thereafter as vacancies occur, appoint the following officers: (a) a secretary and a treasurer, or a secretary treasurer, qualified under regulations issued by the minister; (b) an assessor, who may be the secretary, the treasurer or the secretary treasurer; (c) an auditor who possesses the qualifications for that office as required by The Rural Municipality Act; (d) such other officers or employees as may be required or the efficient conduct of the business of the municipal unit. (2) A secretary treasurer appointed pursuant to subsection (1) shall have and exercise all the rights, privileges and powers and perform all the duties of: (a) a secretary treasurer appointed pursuant to The Rural Municipality Act; (b) a secretary treasurer appointed pursuant to The Village Act, where a village has been included in the municipal unit by agreement; (c) a clerk appointed pursuant to The Town Act, where a town has been included in the municipal unit by agreement. (3) If the council appoints a secretary and a treasurer each shall have and exercise such of the rights, privileges and powers and perform such of the duties mentioned in subsection (2) as the council may by bylaw determine. 1962, c.56, s.22; R.S.S. 1965, c.160, s.22. Committees 23(1) At its first meeting in each year the council shall appoint the following standing committees, each of which shall consist of not less than three of the members of the council, and shall designate one of the members of each committee as chairman thereof: (a) an agricultural committee; (b) a finance committee; (c) a health and welfare committee; (d) a public works committee. (2) The council may appoint such other committees as it deems advisable, each consisting of such number of members of the council as the council may determine. (3) Subject to subsection (4), the council may appoint to any committee electors of the municipal unit who are not members of the council, and a person so appointed shall have the same rights with respect to any matter dealt with by the committee as the members thereof who are members of the council.

15 MUNICIPAL UNITS AND COUNTIES c (4) The majority of the members of every committee appointed under subsection (1) shall be members of the council. (5) Every committee shall act in the capacity of adviser of the council, and shall study and inquire into, and submit recommendations to the council with respect to, all matters coming within the scope of its duties and purposes as described by resolution or bylaw of the council. 1962, c.56, s.23; R.S.S. 1965, c.160, s.23. TAXATION Annual estimates 24(1) Every committee appointed by the council, other than the finance committee, shall, as soon as practicable in each year, prepare and submit to the finance committee its estimates of the proposed or probable expenditures for the year together with such supporting particulars as may be required by the council. (2) The finance committee shall consolidate the estimates submitted to it by the other committees and submit the consolidated estimates to the council. (3) The council shall consider and review the estimates, and may increase or reduce them or return them to the committees in which they originated, respectively, for revision. (4) After such review, and such revision, if any, the council shall prepare, in such form as the minister may prescribe, estimates of the proposed or probable expenditures of the municipal unit for the year, and shall, not later than the first day of May, cause a synopsis thereof to be published in at least one issue of a daily or weekly newspaper circulating in the municipal unit or a copy of the estimates to be mailed to each person whose name appears on the last revised assessment roll. 1962, c.56, s.24; R.S.S. 1965, c.160, s.34. Levy of taxes 25 Upon the approval of the estimates by the council, the secretary shall present to the council the total taxable assessment for the year, and, subject to any agreement entered into under clause (d) of subsection (1) of section 6, the council shall by resolution authorize the treasurer or the secretary treasurer of the municipal unit to levy on all taxable assessments entered in the assessment roll such taxes at a uniform rate on the dollar as are deemed sufficient to meet the estimates/ 1962, c.56, s.25; R.S.S. 1965, c.160, s.25. AGREEMENTS RESPECTING JOINT OPERATIONS Agreements with other municipal units or with cities, towns, villages or rural municipalities 26(1) Subject to the approval of the minister, the council of a municipal unit may enter into an agreement or agreements with the council or councils of one or more other municipal units, or with the council of a city, town, village or municipality, providing for the carrying out jointly of any work, service or purpose: (a) in which the contracting parties have a common interest; and

16 16 c. 160 MUNICIPAL UNITS AND COUNTIES (b) that each could lawfully carry out alone within its own territorial limits. (2) Notwithstanding anything in The City Act, The Town Act or The Village Act, the council of a city, town or village shall be deemed to have the power to enter into and carry out an agreement to which subsection (1) applies. 1962, c.56, s.26; R.S.S. 1965, c.160, s.26. MISCELLANEOUS Inclusion of municipal units in references in other Acts 27 Where in any other Act or in any regulation made thereunder reference is made to: (a) an organization of the same nature as any of the organizations merged and incorporated in a municipal unit under this Act; (b) the council or board of any such organization; or (c) any official, officer or employee of any such organization; the reference shall, in so far as it is not inconsistent with this Act, be deemed to include the municipal unit, or its council, officials, officers or employees, as the case may be. 1962, c.56, s.27; R.S.S. 1965, c.160, s.27. Bylaws of municipality merged in municipal unit remain in force until repealed or replaced 28 A bylaw passed by the council of a municipality, and in force at the time of the merger of the municipality in a municipal unit, shall, in so far as it is not inconsistent with this Act, remain in force until it is repealed or until a new bylaw is substituted therefor by the council of the municipal unit, but nothing in this section shall be deemed to extend the territorial effect of any such bylaw beyond the area with respect to which it applied at the time of the merger. 1962, c.56, s.28; R.S.S. 1965, c.160, s.28. Debenture bylaws not to be repealed or altered 29 Notwithstanding section 28, no bylaw providing for the issue of debentures, passed by the council of a municipality merged in a municipal unit, shall be repealed or altered. 1962, c.56, s.29; R.S.S. 1965, c.160, s.29. Powers and restrictions respecting certain liabilities 30(1) Liabilities payable later than in the current year may be incurred by the council of a municipal unit with the approval of The Local Government Board. (2) No expenditure exceeding the amount realizable from a levy of ten mills on the current assessment shall be made by the council of a municipal unit in any one year for the purpose of acquiring either separately or jointly with another municipal unit a grader, pile driver, stone crusher, roller or other machine or implement for use in the construction, repair or maintenance of any road, bridge or other public work within the municipal unit or municipal units, until a bylaw has been submitted to the vote of the burgesses of the municipal unit and approved by a majority of those voting thereon. 1962, c.56, s.30; R.S.S. 1965, c.160, s.30.

17 MUNICIPAL UNITS AND COUNTIES c PART III Counties ORGANIZATION Petition for establishment of county and submission to vote 31(1) Upon receipt by the minister of a petition in the form prescribed by him and signed by at least such number of electors as the minister may specify, being not less than three hundred nor more than six hundred, requesting the establishment of a county, he may, if he considers it expedient to do so, direct that a plebiscite be held for the purpose of determining whether a majority of the persons voting at the plebiscite favour or oppose the establishment of the proposed county. In this subsection elector means a person who possesses the qualifications to vote at school elections and who has for a period of six months before signing the petition resided in the area of the proposed county or in the area of a town or village school district included in a school unit, or in the area of a town or village separate school district included in a school unit, situated within the outer boundaries of the area of the proposed county; provided that the requirement with respect to residence shall not apply to a person who is a burgess within the meaning of The Town Act, The Village Act or The Rural Municipality Act. (2) Where a plebiscite is, under subsection (1), directed to be held the minister may appoint such officers as he deems necessary for the taking of the vote and may make regulations governing all proceedings in connection with the taking of the vote and preliminary and subsequent thereto. (3) No person other than an elector shall be entitled to vote at a plebiscite. In this subsection elector means a person who possesses the qualifications to vote at school elections and who has for a period of six months before the day on which the plebiscite is held resided in the area of the proposed county or in the area of a town or village school district included in a school unit, or in the area of a town or village separate school district included in a school unit, situated within the outer boundaries of the area of the proposed county; provided that the requirement with respect to residence shall not apply to a person who is a burgess within the meaning of The Town Act, The Village Act or The Rural Municipality Act. 1962, c.56, s.31; R.S.S. 1965, c.160, s.31. Constitution of county 32(1) If: (a) a majority of the persons voting at such a plebiscite who reside in a town or village vote in favour of the establishment of the area in respect of which the plebiscite is held as a county; and (b) a majority of the persons voting at such a plebiscite who do not reside in a town or village vote in favour of the establishment of the area in respect of which the plebiscite is held as a county; the Lieutenant Governor in Council may, at any time within two years after the plebiscite was held, by order constitute that area as a county, assign thereto a name and number, divide the county into not less than six electoral divisions, number the divisions and fix their respective boundaries.

18 18 c. 160 MUNICIPAL UNITS AND COUNTIES (2) In selecting a name for the county the desires of the councils of the existing municipalities, and of the boards of the existing school units, to be incorporated therein shall be considered and in dividing the county into electoral divisions, regard shall be had, as far as conveniently possible, to both population and area. (3) The order shall be published in the Gazette and, subject to subsection (6), shall take effect on the first day of January of the year next following the date of publication. (4) The publication of the order shall be conclusive evidence of the constitution of the county and that all the necessary formalities have been complied with. (5) Nothing in subsection (1) shall be deemed to authorize the inclusion within the boundaries of the county of: (a) any regional park or part of a regional park established under The Regional Parks Act or The Regional Parks Act, 1960; (b) any provincial park or part of a provincial park created under The Provincial Parks, Protected Areas, Recreation Sites and Antiquities Act, or any former Act respecting provincial parks and protected areas; (c) any area included in a city, town or village. (6) The Lieutenant Governor in Council may by the order made under subsection (1), declare that the order shall take effect on a date earlier than the date prescribed by subsection (3), for the purpose of nominating candidates for election as members of the first council of the county, and for the purpose of electing members of the first council of the county, and for the purpose of doing anything incidental to such nomination or election, but no person elected as councillor shall take office before the date prescribed by subsection (3). 1962, c.56, s.32; R.S.S. 1965, c.160, s.32. Effect of constitution of county 33(1) Upon the effective date of an order constituting a county: (a) every municipality, local improvement district, municipal unit, school unit and school district, or part thereof, that lies wholly within the boundaries of the county shall be merged and incorporated in the county; (b) every such local improvement district shall cease to exist and the minister shall cease to exercise any jurisdiction, power, duty or function in relation thereto, except such jurisdiction as may be vested in him in relation to the district as an integral part of the county; (c) every municipality, municipal unit and school unit merged and incorporated in the county under clause (a) shall cease to exist and the council or board thereof shall cease to exercise any jurisdiction or power, or perform any duty or function, in relation thereto; (d) subject to the approval of the minister, the council of the county may enter into an agreement with the council of a city, town or village for the inclusion of the city, town or village in the county upon such terms and conditions as may be agreed upon, including provisions for representation on the council of the county;

19 MUNICIPAL UNITS AND COUNTIES c (e) all the rights, powers, privileges, duties and functions that under any Act or law, except for such merger, would have applied to or would have been exercisable by any such organization, or by the council or board thereof, shall be vested in or conferred or imposed upon the county or the council thereof, as the case may be; (f) subject to clause (d), all the assets of any such organization remaining after the apportionment under subsections (6) and (7) of section 3 shall be vested in the county, and all the liabilities of any such organization remaining after the apportionment shall be assumed by the county; provided that, subject to subsection (2), where a surplus is recorded by any organization being merged in the county the surplus shall be allotted to and expended for the benefit of the area where the surplus is recorded, when funds are available; (g) all remedies that are available under any Act or law for the collection of any taxes or other debts due or accruing to any such organization shall be available to and may be exercised by and in the name of the county, and any proceedings pending in respect thereof may be continued in the name of the county. (2) The proviso to clause (f) of subsection (1) shall cease to apply after five years from the effective date of the order constituting the county or after such further period as the council of the county may determine. 1962, c.56, s.33; R.S.S. 1965, c.160, s.33. County a body corporate 34 The inhabitants of every county constituted under this Act shall be a body corporate under the name of The County of No , c.56, s.34; R.S.S. 1965, c.160, s.34. COUNCIL Exercise of powers of county of council 35 The powers of a county shall be exercised by the council thereof. 1962, c.56, s.35; R.S.S. 1965, c.160, s.35. Constitution of council 36(1) The council of a county shall consist of: (a) a reeve who shall be an elector of the county in respect of which he is nominated and who shall be elected by the vote of the electors of that county, and who shall hold office for a term of three years; and (b) one councillor for each electoral division who shall be an elector of the division in respect of which he is nominated and who shall be elected by the vote of the electors of that division; and

20 20 c. 160 MUNICIPAL UNITS AND COUNTIES (c) subject to subsection (2), such additional number of councillors as the case may require, being one for each town school district and each village school district included in the county, who shall be elected by the electors of the respective school districts at elections held at the same time as the county elections, and each of whom shall hold office for three years except in the case of those elected at the first election who shall respectively hold office for such term, being three years, two years or one year, as shall be determined by the minister. (2) Where the number of members to be elected under clause (c) of subsection (1) exceeds three the minister shall make such arrangements as may be necessary to provide for representation of the school districts on the council in such rotation that the number of persons on the council under clause (c) of subsection (1) will not at any one time exceed three. (3) No person shall be eligible for election under clause (c) of subsection (1) as a representative of a town school district or a village school district unless he has such qualifications as are required for membership in the board of trustees of a school district. (4) The councillors elected under clause (c) of subsection (1) shall have the same rights, privileges and powers as the other councillors but shall not have the right to vote at meetings of the council except with respect to matters relating to education, and shall receive the same remuneration and allowances for attendance at meetings of the council and meetings of committees as the other councillors. (5) Subject to subsection (6), each councillor shall hold office for three years, except where he is elected to fill a vacancy in which case he shall hold office for the remainder of the term of office of the councillor being replaced. (6) The councillors elected at the first election held in a county shall hold office as follows: (a) those elected for the divisions numbered 1and 4 and, if the county is divided into seven or more divisions, the councillor elected for the division numbered 7 shall hold office for three years; (b) those elected for the divisions numbered 2 and 5 and, if the county is divided into eight or more divisions, the councillor elected for the division number 8 shall hold office for two years; (c) those elected for the divisions numbered 3 and 6 and, if the county is divided into nine or more divisions, those elected for the division numbered 9 and the remaining divisions, if any, shall hold office for one year: Provided that the minister may by order alter any or all of those terms of office. 1962, c.56, s.36; R.S.S. 1965, c.160, s.36. Preparation for first election 37(1) Upon publication of the order constituting a county the minister shall by order: (a) appoint a returning officer for the first election in the county; (b) make all necessary arrangements and give all necessary directions for the conduct of the election.

21 MUNICIPAL UNITS AND COUNTIES c (2) The returning officer so appointed shall at least three weeks before the fourth Monday in October in the year in which the order is made: (a) fix a place for the nomination meeting; (b) fix one or more polling places for each division, which may but need not be in an urban centre within or adjoining the division; (c) appoint the necessary election officers for each polling place. 1962, c.56, s.37; R.S.S. 1965, c.160, s.37. Certain matters respecting nominations, elections, etc., governed by Rural Municipality Act 38 At the first and every subsequent election of the council of the county the dates for nomination and elections, preparation of voters lists, the qualifications, nomination and election of members, and all other matters and things in connection therewith, shall be governed by the provisions of The Rural Municipality Act, in so far as they are applicable and not inconsistent with this Act. 1962, c.56, s.38; R.S.S. 1965, c.160, s.38. Separate ballots for reeve and councillors 39 Separate ballot papers shall be provided for the election of reeve and councillors. 1962, c.56, s.39; R.S.S. 1965, c.160, s.39. Election before completion on first voters list 40(1) In the case of an election held before the completion of the first county voters list every person who presents himself for the purpose of voting shall be required, before he is handed a ballot paper, to sign a declaration in the following form, and the deputy returning officer shall permit every person who signs the declaration to vote and shall record in the poll book the name of each person who so signs: DECLARATION OF ELECTORS Taken this day of, 19. The undersigned severally declare each for himself (or herself): 1 That he (she) is of the full age of eighteen years; and 2 That he (she) is assessed in the county; or 3 That he (she) has resided in the county continuously since the first day of April and that he (she) now resides in the division specified below. Name Applicable paragraphs of above declaration Division (2) Every person who signs the declaration shall be entitled to vote once only for reeve and once only for councillor, and he shall vote in the division in which he resides, unless:

22 22 c. 160 MUNICIPAL UNITS AND COUNTIES (a) he resides outside the county, in which case he shall vote in the division in which the land in respect of which he is assessed is situated; or (b) he is assessed in respect of lands situated in two or more divisions and resides outside the county, in which case he may vote in either, or in any one, of the divisions in which any of the lands in respect of which he is assessed are situated. 1962, c.56, s.40; R.S.S. 1965, c.160, s.40. Persons qualified to vote at elections after completion of first voters list 41 In case of an election held after the completion of the first voters list the persons qualified to vote shall be persons: (a) who are of the full age of eighteen years; and (b) whose names appear upon the last revised assessment roll of the county; or (c) who have resided in the county continuously since the immediately preceding first day of April. 1962, c.56, s.41; R.S.S. 1965, c.160, s.41. Where voters entitled to vote 42 Every person qualified to vote at an election to which section 41 applies shall be entitled to vote once only for reeve and once only for councillor and he shall vote in the division in which he resides, unless: (a) he resides outside the county, in which case he shall vote in the division in which the land in respect of which he is assessed is situated; or (b) he is assessed in respect of land situated in two or more divisions and resides outside the county, in which case he shall vote at the polling place for the division in which his total assessment is higher than in any other division and in case of equality of assessment he shall vote at the polling place for the division that bears the lower or lowest number, as the case may be. 1962, c.56, s.42; R.S.S. 1965, c.160, s.42. Registration of voters 43 Every person qualified to vote may, before the first day of August in each year, register with the assessor by completing a statement in the following form: VOTERS REGISTRATION FORM County of... No.... Full name... Address... Are you of the full age of eighteen years?... Have you resided in the county continuously since the first day of April? Does your name appear upon the last revised assessment roll of the county?......