Summary of Municipal Act Amendments 2015

Summary of Municipal Act Amendments 2015 The following table provides an overview of all amendments to the Municipal Act made during the 2015 update process and passed in December 2015. This listing includes each section of the Act that was amended along with the purpose of the amendment. Please refer to the Act to view specific changes. Contact Municipal Affairs at 667-8334 if you need more information. The following definitions were updated for clarity and coherence: by-election, council, council committee, council meeting, councillor, designated municipal officer, development cost charges elector, mayor, municipal utilities, plebiscite, referendum and taxes. 1 Section 1 about interpretation of the Municipal Act was updated. The following definition was repealed as it is no longer needed: municipal utilities. The following definitions were added for clarity and to support other changes to the Act: benefiting property, Board of Revision, director, disqualification, election, general election, local advisory council, local improvement, local improvement tax, municipal service, municipal service charge, non-utility service, pecuniary interest, petition, presiding officer, quorum, referendum by petition, returning officer, taxable real property and utility service. Subsection 1(2) was added to consolidate interpretive rules previously found in various sections of the Act. Information was supplemented with new rules to support the amendments to the Act. 3 Section 3 about the purposes of local government was 4 Section 4 about the Government of Yukon was 5 Section 5 about consultation with AYC was 6 Section 6 about general requirements for a petition was 7-13 Sections 7 through 13 about general requirements were repealed. For consistency, the term services, facilities, and things was replaced with municipal services. Information from this section was moved to Section 224.01 and replaced with information about the Yukon Government being bound by the provisions of this Act. Section amended and includes information previously found in Section 11. This section was amended to support substantial changes to petition requirements found throughout the Act. Information from these sections is now either not needed or found elsewhere in the new Act. Overview of Changes to the Municipal Act, 2015 1

17 Section 17 about forming, dissolving or altering municipal boundaries was To support changes to petition requirements throughout the Act, the expression a petition was replaced with a petition signed by not less than 30 percent of the persons who are or would be eligible to be electors of the municipality or area proposed to be formed, dissolve or altered. Section 17(5) was repealed as petitions are now addressed in Sections 6 and 17(4). 29 Section 29 about forming a rural government structure was 35.01 Section 35.01 about a request to form a local advisory council was added. 35.02 Section 35.02 about the process for forming a local advisory area was added. 37 Section 37 about the orders to form a local advisory council was 40 Section 40 about the duties of local advisory council was To support changes to petition requirements in the Act, the expression a petition was replaced with a petition signed by not less than 30 percent of the persons who are or would be eligible to be electors of the area proposed to be formed. Section 29(5) was repealed as petitions are addressed in Sections 6 and 29(4). Section was added to provide clarity on how to initiate the process to form a local advisory council. Section was added to provide clarity on the process to form a local advisory council. Subsection 37(1)b was repealed because a local advisory council does not provide works and services. Subsection 40(c) was amended to correct a grammatical error. 42 Section 42 about quorum, voting and pecuniary interest for local advisory councils was replaced. Section was updated to provide consistency between local advisory councils and municipalities about pecuniary interest, voting and quorum. 42.01 Section 42.01 about Local Advisory Council acting by resolution was added. 43 Section 43 about rules for local advisory council meetings was 48 Section 48 about qualifications of electors was 50 Section 50 about eligibility to be nominated as a candidate was replaced. 60 Section 60 about the list of electors was updated. 62 Section 62 about posting the list of electors was repealed. 63 Section 63 about Council s establishment of a Board of Revision was Section was added to clarify that Local Advisory Councils cannot pass bylaws. Replaces information from Section 43(2). Section now specifies how local advisory councils are to make procedural rules regarding their meetings. Section was amended to remove confusion related to the concept of disqualification. Section 48(2) was added to provide clarity on ineligibility to vote after being convicted of offences under subsection 51(7) or section 160 to 163. Section was rewritten to focus on eligibility to be nominated as a candidate, with exceptions clarified. For accuracy the expression council was replaced with town. Section references were also updated. Section 62 was repealed because the requirement to post the list of electors publically was removed from the Act. Section was amended to reflect the definition of the Board of Revision and to provide clarity. Throughout the section, the expression Board is replaced with Board of Revision. Overview of Changes to the Municipal Act, 2015 2

64 Section 64 about the operations of the Board of Revisions was 65 Section 65 about notice of a Board of Revisions sitting was replaced. Throughout the section, the expression Board was replaced with the expression Board of Revision. Section was replaced because the requirement to publish the list of electors publically was removed from the Act. 67 68 Section 67 about applications to the Board of Revisions for revisions to the list of electors was Section 68 about the procedure for applying for a revision to the list of electors was Throughout the section, the expression Board is replaced with the expression Board of Revision. Throughout the section, the expression Board is replaced with the expression Board of Revision. 69 Section 69 about revision of the list of electors was 71 Section 71 about the delivery of the revised list of electors was 72 Section 72 about access to the list of electors was 73 Section 73 about posting the revised list of electors was repealed. 74 Section 74 about the public notice of the nomination proceedings was replaced. 84 Section 84 about the notice for polls and hours was 127 Section 127 about the breaking of a tie vote was Throughout the section, the expression Board is replaced with the expression Board of Revision. Section was replaced to provide clarity about the process for delivering the revised list of electors to the municipality. Section was amended to remove the requirement to post the list publicly and to clarify how copies of the voters list may be obtained. Section was repealed because the requirement to post the list of electors was removed. Section was rewritten because the requirement to post the list of electors was removed. Section was amended and now refers to Section 74 for instructions on how to post the notice regarding polls. Section was amended to remove the expression drawing of lots and to clarify the process in case of a tie during an election. 135 Section 135 about the procedure for announcing the results of a judicial recount was Section was amended to remove the reference to drawing of lots and support the changes made to Section 127. 146 Section 146 was about when a vacancy arises on council was 146.01 Section 146.01 about an election to fill a council vacancy was added. 147 Section 147 about failure to fill a vacancy on council was 148 Section 148 about the term of office after a vacancy was repealed. Section was amended and terms were updated. Section now includes information previously found in Section 203 and provides clarification about when there is a vacancy on council. Section 146 is now renumbered to 146.01 and terms and references to other sections were updated. In this section, the expression or other municipal election was replaced with by-election. This section was repealed as the topic is now covered in Section 170. Overview of Changes to the Municipal Act, 2015 3

150 Section 150 about plebiscites was 150.01 Section 150.01 about a plebiscite containing only one subject was added. 150.02 Section 150.02 about the posting requirements for a plebiscite was added. 150.03 Section 150.03 about conducting a plebiscite was added. 150.04 Section 150.04 about eligibility to vote in a plebiscite was added. 150.05 Section 150.05 about determining the results of a vote in a plebiscite was added. 150.06 Section 150.06 about the results of a plebiscite not being binding was added. Section replaces the information previously found in Section 150(1) and provides clarity on conducting a plebiscite. Section was added to provide clarity and brings together information previously found in several other sections. Section was added to provide clarity and brings together information previously found in Section 158(2). Section was added and brings together information previously found in Sections 157(1) and 158(1) and clarifies what to include in a plebiscite bylaw. Section was added and brings together information previously found in Section 157(2) and clarifies who is allowed to vote in a plebiscite. Section was added to clarify how votes are counted and brings together information previously found in Section 159. Section was added to provide clarity and replaces the previous Section 150(2). 151 Section 151 about how council may conduct a referendum on a proposed bylaw was Section was amended to clarify rules about referendums. 151.01 Section 151.01 about the applications that apply to referendums was added. 151.02 Section 151.02 about the results of a referendum being binding for council. Section was added to clarify which provisions of the Act apply to referendums. Section was added replaces information previously found in Section 151 about how the results of a referendum are to be used. 152 Section 152 about the request for a referendum by petition of electors was Section was amended to bring together information from other sections. This change clarifies the process and supports the new method for determining the population. 153 Section 153 about the required notice of request for a referendum was 153.01 Section 153.01 about determining if a petition meets requirements was added. 154 Section 154 about the timelines around a signed petition was 155 Section 155 if a signed petition meets requirements was Section was amended to bring together information previously found in other sections and to clarify the process for referendum by petition. Section was added to clarify the process for determining if a petition submitted meets the requirements. Section was Information previously found in Section 153(3) was incorporated and clarity around petition timelines was provided. Section was amended to provide information on timelines and other criteria for determining if a petition meets the requirements. 156 Section 156 about when council is required to conduct a referendum was Section was amended to bring together information previously found in Section 155 and provide clarity on when council is required to conduct a referendum. Overview of Changes to the Municipal Act, 2015 4

157 Section 157 about eligibility to vote in a referendum by petition was 158 Section 158 about the rules for conducting a referendum by petition was 159 Section 159 about the notice of results of a referendum by petition was 159.01 Section 159.01 about the results of a referendum being binding was added. 164 Section 164 about the penalties for election offences was 166 Section 166 about the requirement to have a council was 167 Section 167 about council as a governing body was 170 Section 170 about the commencement of a council s term was 170.01 Section 170.01 about the powers of the outgoing council was added. 171 Section 171 about oaths of office was 173 Section 173 about remuneration for members of council was 177 Section 177 about council s role was 178 Section 178 about the duties of members of council was 179 Section 179 about the delegation of council powers was 180 Section 180 about the roles and duties of the mayor was 187.01 Section 187.01 about the exercise of powers by delegates was added. Section was amended to bring together information previously found in Section 156 and 157 and provide clarity about who is eligible to vote in referendums. Section was amended to include information previously found in Sections 154, 156 and 158 and provide clarity on the rules for conducting a referendum. Section was amended to provide increased clarity around the process for posting referendum results. Section was added to support the rule that states that referendum results are binding. Subsections 164(2), (3), and (4) were repealed as disqualifications are now covered elsewhere in the Act and references were updated. Section was amended to ensure that terms were consistent. Subsection (2) was moved to Section 167. Section was amended to provide clarity around council as a governing body. Section was amended to provide clarity around the start of a council s term and includes information previously found in Section 148. Section was added to provide clarity around filling the legislative void after an election. Section was updated to provide consistency of terms and to clarify on when council may begin to carry out their duties. Section was amended to refer only to members of council. Section 192 now deals with remuneration for members of committees, boards or commissions. In this section term services was replaced with the term municipal services to provide for consistency of language. In this section the term services was replaced with municipal services and the term council member was replaced with members of council for consistency of language. Section was amended to provide clarity on how council can delegate its powers. Section was updated to provide clarity on the role and duties of the mayor. The reference to the mayor as the CEO of the municipality was removed from the Act. Section was added to provide clarity around empowering of delegates and includes information previously found in Section 10. Overview of Changes to the Municipal Act, 2015 5

190 Section 190 about the establishment of council committees was 190.01 Section 190.01 about the function of a council committee was added. 193 Section 193 about definitions was 193.01 Section 193.01 about pecuniary interest was added. 193.02 Section 193.02 about the disclosure of pecuniary interest was added. 193.03 Section 193.03 on the effect of pecuniary interest on agreements was added. 193.04 Section 193.04 on the disqualification of a member of council. 194 Section 194 about being eligible for only one council was repealed. 195 Section 195 about disputed disqualifications was 196 Section 196 about petitions to quash a disqualification was 197 Section 197 about a petition for disqualification was Section was amended to provide clarity on what a council committee is and what it does. Section was added to provide clarity on how a council committee should function. Section was amended to provide definitions for this Division. Section was added to support substantial changes to the Act about pecuniary interest and includes information from Section 193. Section was added to provide clarity on how and when pecuniary interest must be disclosed. Section was added to provide clarity on how agreements between a municipality and a member of council should be handled. Information previously found in Section 193 has been included here. Section was added to provide clarity on all possible means by which disqualification of a member of council can occur. Information previously found in Section 193 has been included here. Section was repealed as this information about being able to hold office for only one council is now covered in Section 50. Section was rewritten to provide clarity on what to do if a member of council disputes another member s disqualification. Section was amended to provide clarity on the process for requesting that a disqualification from council be quashed. Section was amended to provide consistency of terms. Subsection (4) was repealed. 202 Section 202 about the status of a disqualified council member until the court decision was Section was amended to provide clarity regarding the procedure to follow during an appealed disqualification. 203 Section 203 about vacancies on council was 204-211 Sections 204 to 211 about the procedures for council meetings were 213 Section 213 on when council meetings should be public was Section was repealed as council vacancies are now in Section 146. Sections 204 through 211 were rewritten to provide clarity on rules regarding the procedures for council meetings. This includes both new information and information previously found in Sections 204, 205, 206, 207, 208, 209, 210, 214, 216 and 217. Section was amended to provide clarity about which rules apply to council committees. 216-217 Section 216 about the exercise of powers of council and 217 about the council procedures bylaw were repealed. Section 216 was repealed as the information is now covered in Section 204. Section 217 was repealed as the information is now covered in Section 208. Overview of Changes to the Municipal Act, 2015 6

220 Section 220 about the power to amend and repeal bylaws and resolutions was In this section, the expression to pass a bylaw or a resolution was replaced with to adopt a bylaw or pass a resolution for consistency. 221 Section 221 about the writing and signing of bylaws was 223.01 Section 223.01 about the municipality as a corporation was added. 229 Section 229 about the authority to provide municipal services was 230 Section 230 about service agreements with other governments was 231 Section 231 about agreements with other governments were repealed. In this section the expression the person presiding at the meeting was replaced with the presiding officer at the council meeting. Section was added. It includes information previously found in Section 4 and provides clarity on the rights and liabilities of the municipality. Section was amended to include information previously found in Section 248 and provide clarity on the municipality s power to provide services and own public utilities. Section was amended and now contains information previously found in Sections 229 231 and provides clarity about services agreements. Section was repealed as this topic is now dealt with in Section 230. 232 Section 232 about providing services outside municipal boundaries was Section was The expression a system or service was replaced with a municipal service and references were updated. 233 Section 233 about privileges and exemptions was Section 233 was The expression or interest charges was replaced with municipal service charges or interest charges. 234-235 Section 234 about additional powers of council and Section 235 about actions by councils in emergencies were repealed. Information in these sections is now in Sections 265.01 and 265.02. 245 Section 245 about council grants and other assistance was 246 Section 246 about council s power of taxation was 247 Section 247 about tax deferment for seniors was 248 Section 248 about municipal services charges was 252 Section 252 about borrowing powers and obligations was 254 Section 254 about the consequences of illegal expenditures was 263 Section 263 about the power to pass bylaws was In this section, the expression service charges or fees was replaced with municipal service charges. Section was updated and the reference to other enabling Acts and powers of taxation were updated. Section was amended, includes information previously found in Sections 246, and provides clarity on the seniors tax deferment. Section was amended to provide clarity around municipal service charges. Section was amended to provide clarity around municipal borrowing limits and includes information from Section 156. Subsection 254(3) about eligibility and disqualification was repealed as it is now covered in Section 50. In this section, the expression to pass was replaced with to adopt for clarity. Overview of Changes to the Municipal Act, 2015 7

265 Section 265 about the general jurisdiction to pass bylaws was 265.01 Section 265.01 about delegating additional powers on council was added. 265.02 Section 265.02 about emergency powers of council was added. 266 Section 266 about exercising the power to make bylaws was 267 Section 267 about the undertaking of local improvements by council was 268 Section 268 about bylaws for local improvements was repealed. 269 Section 269 about objections to local improvement bylaws was In this section, several terms were updated to provide clarity. Section was added and incorporates the information previously found in Section 234. Section was added and incorporates the information previously found in Section 235. In this section, the expression passed was replaced with adopted for clarity. Subsection c.01 was added to include information from Section 266 and provide clarity around municipal service charges. Section was amended to reflect the new definition of municipal services and provides the information previously found in Section 268. Section was repealed as the information is now included in Section 267. Section was amended to update the references to other sections and to replace terms for clarity. 270.01 Section 270.01 about definitions for the domestic water well program was Section was amended to remove the definition of local improvement. 276 Section 276 about the permanent closing of a municipal highway was 279 Section 279 about the content of an official community plan was 280 Section 280 about the notice for a public hearing was 286 Section 286 about joint development plans was 287 Section 287 about existing zoning regulations was 288 Section 288 about the requirement for a zoning bylaw was 289 Section 289 about the scope of a zoning bylaw was 314 Section 314 about highway access was In this section, the term municipality was replaced with council for clarity. In this section the expression utility and transportation system was replaced with public utility and public transportation systems and the subsection (1)(b) was Section was rewritten to provide clarity around new timelines for posting notices regarding public hearings. In this section, the expression a municipality may, by passing a bylaw was replaced with a council may by adopting a bylaw. Section was amended by replacing the expression own zoning regulations with own zoning bylaw for clarity. Section was amended to require the zoning bylaw to be rewritten as soon as practicable after an OCP change. Information previously found in Section 288 and 289 about consistency between the OCP and zoning was moved to this section. Section title was changed and subsections (2) and (3) were repealed as information is now found in Section 288. T Section was amended by replacing the term utility with utility service. Overview of Changes to the Municipal Act, 2015 8

317 Section 317 about utility subdivisions was Section was amended by replacing the term utility with utility service. 328 Section 328 about the definitions related to the Yukon municipal board was This section has been amended to provide definitions for the terms board and pecuniary interest. 328.01 Section 328.01 about the establishment of the Yukon municipal board was added. Section was added and now includes information previously found in Section 328. 329 Section 329 about the membership and operation of the Yukon municipal board was Section was amended to remove the expression direct or indirect for clarity. 336 Section 336 about municipal trustees was 344 Section 344 about the addition of costs, charges or fines to taxes was 356 Section 356 about nuisance actions was In this section the expression council members of the municipality was replaced with members of council. In this section several terms were updated for clarity. In this section the expression public service or facility was replaced with municipal service. 371 Section 371 about the application by council for extension of time was Section was rewritten to provide information on what happens if council applies to the minister for more time. Information previously found in Section 9 is now included here. 372 Section 372 about the continuation of municipalities was added. 373 Section 373 about the regulations made by the Commissioner was Section was added and information previously found in Section 12 is now incorporated. Section was added. It includes information previously found in Sections 4 and 13. Overview of Changes to the Municipal Act, 2015 9