An Act Relating to the City of Dartmouth, Dartmouth City Charter, 1978 c43A

Section:

1: Interpretation
2: Alteration Of Boundaries
3: Municipal Government — Elections, Advance Poll
4: Powers And Duties of the Council — Community Planning, Building Regulation, Administration, Administration General Power to Engage Officers and Employees (City Clerk, City Treasurer, City Solicitor, Auditor), Classification, Promotion Procedure and Pay Plan, Appointments, Chief Administrative Officer (Establishment of Position, Appointment and Dismissal, Powers and Duties)
5: Taxation and Finance Taxation — Local Improvements, Financial Administration, Licensing
6: Boards and Commissions School Boards
7: Liens and Tax Collection
8: City Court
9: Legal Proceedings — Actions Against the City, Quashing By-Laws and Resolutions, Miscellaneous Matters
10: Miscellaneous Provisions And Repeal Of Acts — Oaths, Subject to Approval of Minister, Acts and Sections Repealed

(Assented to the 6th day of July, A.D. 1978)

Be it enacted by the Governor and Assembly as follows:

1 This Act may be cited as the “Dartmouth City Charter”.

PART I

INTERPRETATION

2 In this Act

  • (a) “building” includes a structure of any kind and anything affixed to or integrated in a building that would, without special mention, be transferred by a conveyance of the land on which such building is located;
  • (b) “business” includes business, trade, profession, occupation or calling;
  • (c) “City” means City of Dartmouth;
  • (d) ‘‘construction”’ includes erection, repair, maintenance, alteration, enlargement, addition, demolition, removal and excavation;
  • (e) “Council” means the Mayor and aldermen;
  • (f) “development” means a change in the use of land, building or structure and includes the carrying out of a building, engineering, construction or other operation in, over or under land and the construction or alteration of any building or structure or part thereof, except
    • (i) the carrying out of works for the maintenance or alteration of any building, not being a structural alteration, and
    • (ii) the carrying out of works for the purpose of inspecting, repairing or renewing sewers, water mains, pipes, cables or other apparatus, including the breaking open of a street or other land for such purpose;
  • (g) “elector” means a person qualified to vote for a Mayor and alderman pursuant to the provisions of Section 18;
  • (h) “Engineer” or “City Engineer” means the Director of Engineering and Public Works for the City;
  • (i) “improvement” means
    • (i) a building or structure erected or placed upon or in, over or under land, whether or not it is so affixed as to become transferred without special mention by a conveyance of the land, and
    • (ii) anything affixed to or integrated in a building or structure affixed to land that would, without special mention, be transferred by a conveyance of the land, but not machinery permanently affixed to buildings or embedded in foundations or such foundations;
  • (j) “judge” means, unless the context otherwise requires, a judge of the Supreme-Court, or a judge of the County Court of District Number One;
  • (k) “land” includes lands, tenements and hereditaments and any estate or interest therein and any right or easement affecting land;
  • (l) “local improvement tax” includes betterment charges and all taxes and charges imposed, defraying any part of the cost of any of the works, improvements or services which may be undertaken as a local improvement project;
  • (m) “Minister” means the Minister of Municipal Affairs;
  • (n) “mobile home” means any trailer that is
    • (i) designed for or intended to be equipped with wheels, whether or not it is so equipped, and
    • (ii) constructed or manufactured to provide a residence for one or more persons, but does not include a trailer otherwise designed;
  • (o) “non-conforming use” means use of land or buildings in a manner or for a purpose lawful at the time it was first commenced, but not in conformity with the provisions of any by-law or regulation subsequently adopted;
  • (p) “occupant” includes the resident occupier of land, or if there is no resident occupier, the person entitled to the possession thereof, a leaseholder and a person having or enjoying in any way for any purpose, the use of land otherwise than as owner;
  • (q) “owner” means
    • (i) in the case of land, any person who is entitled to possession as tenant in fee simple, for life or for a term of not less than thirty years and includes a mortgagee in possession and where the mortgagee of land is not in possession, means the person entitled to the equity of redemption;
    • (ii) in the case of motor vehicles, the person who is the owner as defined by the Motor Vehicle Act;
    • (iii) in the case of other property, any person who is in legal possession thereof;
    • (iv) for the purposes of Sections 317 to 324, inclusive, mortgagee, lessee, tenant, occupant, person entitled to a limited estate or interest, and a guardian, executor, administrator or trustee in whom land or any interest therein is vested;
  • (r) “parcel” means
    • (i) any unsubdivided block or any lot, or any part of such block or lot in any area of land, a plan of subdivision of which is filed in the office of the registrar of deeds,
    • (ii) in any case where a building has been erected on two or more lots or parts thereof, all such lots;
  • (s) “person” means any person, male or female, and any body corporate and includes a partnership;
  • (t) “premises” includes land and any store, office, warehouse, factory, building, enclosure, yard or other place occupied, or capable of being occupied, by any person;
  • (u) “purchaser” means, in the case of land, any person who has purchased or otherwise acquired land under a document in writing recorded in the office of the Registrar of Deeds and who has not become the owner of such land;
  • (v) “real property” means as the context requires, either the whole of a parcel of land and the buildings upon the same, or the separate rooms or other portions of a building;
  • (w) “Registrar of Deeds” means registrar of deeds for the registration district of the County of Halifax;
  • (x) “resident” means a person whose dwelling place, when free of exigencies of employment, is within the City;
  • (y) “resubdivision” means the division of a parcel of land involving the modification of a boundary of a lot established by prior subdivision;
  • (z) “service station” includes premises used or intended to be used for the retail sale of gasoline;
  • (aa) “street” means highway, road, lane, footway, public alley, boulevard, park, court, square, bridge, public place, public drive and any part of any of them open to public use;
  • (bb) “structural alteration” includes any construction which involves any change, modification, replacement or repair of any supporting member of a building, including the bearing walls, columns, beams or girders;
  • (cc) “subdivision” means the division of a parcel of land by description, plan, conveyance or otherwise into two or more lots without the modification of any boundary of a lot established by prior subdivision;
  • (dd) “tax” includes license fee;
  • (ee) “trailer” means mobile home.

3 The City of Dartmouth shall continue, subject to change in accordance with the provisions hereof,

  • (a) to be a body corporate;
  • (b) to retain its existing by-laws, resolutions and ordinances legally passed under its charter or act of incorporation, which continue good and valid until they are repealed or altered, or others are made in their stead by the Council, pursuant to the provisions hereof, but the mere amendment of existing by-laws does not invalidate them;
  • (c) to be governed by its existing Mayor and aldermen until others are elected in their stead, pursuant to the provisions hereof;
  • (d) to have the same executive and administrative officials, who shall continue to exercise the same powers and duties in the same manner and to the same extent as heretofore;
  • (e) to be bound by all valid existing contracts, obligations and agreements; and
  • (f) to retain its existing pension or superannuation plans or benefit plans and group insurance plans.

4 (1) The City may

  • (a) receive by way of donation and otherwise, acquire, hold, dispose of and convey any property, real or personal, for any purpose within its corporate powers, and
  • (b) become a party to any contract or agreement within the powers of the City.

(2) The City acts through the Council and the Council shall exercise all powers vested in the City by this Act or otherwise.

PART II

ALTERATION OF BOUNDARIES

5 The boundaries of the City are as they existed immediately before the coming into force of this Act.

6 The City is divided into wards, the boundaries of which are as they existed immediately before the coming into force of this Act.

7 The boundaries of any ward may be altered pursuant to the Municipal Boundaries and Representation Act.

PART III

MUNICIPAL GOVERNMENT

8 The Council consists of the Mayor, who is head thereof, and of six or such other even number of aldermen not less than six or more than twenty, elected for such terms not exceeding three years, as may be determined by the Council by by-law.

9 (1) The Council may, by by-law, provide that the City shall be divided into several delineated wards and that of the aldermen to be elected a number not exceeding four shall be elected from each ward.

(2) The Council, if the ward system has been adopted, may, by by-law, provide for the abolition of the ward system and / for the reversion to the system of electing aldermen by a general ; vote of the electors but such by-law must be read three times and thirty days must elapse between the first and second readings.

(3) A by-law may provide for the term or terms of aldermen, not to exceed three years, and for the retirement of one or more of the aldermen at the expiration of one year and the remainder at the expiration of two years or three years, or for the retirement of all, either at the expiration of one year, two years or three years.

(4) The Council may, by by-law, divide the City or any ward thereof into polling subdivisions with the defined limits and may alter the boundaries of existing subdivisions as occasion may require.

(5) Any alteration of polling subdivisions or creation of new subdivisions shall be made before the publication of the lists of electors for the year, or if not so made, shall not take effect until the next lists of electors are being prepared.

(6) Every by-law passed under this Section takes effect so as to be applicable to the next ensuing election for aldermen, and may provide that the aldermen then in office shall hold office only until the new Council meets, notwithstanding that the term of office for which they were elected has not expired.

10 The Mayor shall be elected by a general vote of the electors in the manner hereinafter provided and shall hold office for such term not exceeding three years, as is provided by by-law.

11 (1) No person shall be eligible for election or shall be entitled to sit as Mayor or alderman unless

  • (a) he is a Canadian citizen;
  • (b) he is of the full age of nineteen years at the date of nomination;
  • (c) he is not disqualified under this Act;
  • (d) he has continuously resided in the City for a period of three years immediately preceding the date of election.

(2) No person shall be eligible for election as Mayor or alderman who

  • (a) directly or indirectly, alone or with any other person, by himself or by the intervention of a trustee or third person, holds, enjoys, undertakes or executes any contract, express or implied, or any service or work with or for the City, or with or for any of the boards, committees or officials of the City, provided for by this Act, and in respect of which payment is to be made out of the funds or revenue of the City, directly or indirectly, or is concerned or interested in any such contract, service or work;
  • (b) has, directly or indirectly, alone or with any other person, by himself or by the intervention of a i trustee or third person a contract for the supply of goods, wares, merchandise or materials, or the rendering of services to a contractor, for work for which the City pays or is liable, directly or indirectly, to pay, or which is subject to the control or supervision of the Council or of an official of the City;
  • (c) has an unsatisfied claim for goods, wares, merchandise, materials, or services against the City, or such board, committee or official of the City, in respect of which payment is to be made out of the funds or revenue of the City, or is directly or indirectly interested in any such claim as a subcontractor, employee or otherwise;
  • (d) is a surety for a contractor with the City or with any such board, committee or official of the City;
  • (e) is the president, director or manager of a / company which holds, enjoys, undertakes or executes | any contract, expressed or implied, or any service or work with or for the City in respect of which payment is to be made out of the funds or revenue of the City, directly or indirectly, or is concerned or interested in any such contract, service or work;
  • (f) has been convicted of an offence punishable with imprisonment for five years or over, for a period of five years after he has completed his sentence.

(3) The Mayor or any alderman shall thereby vacate his office and render his election null and void who, while in office

  • (a) knowingly sells or furnishes, or permits any company of which he is the manager or director to sell or furnish, whether the transaction is single or continuous, any goods, wares, merchandise or materials to, or performs any service for, the City, or to or for any of the boards, committees, or officials of the City, for which payment is to be made out of the funds or revenue of the City, directly or indirectly; or
  • (b) being a professional man, receives, takes or enjoys any retaining fee, emolument or reward for any professional or other services rendered to the City or such board, committee or official, or for which payment is to be made out of the funds of the City directly or indirectly, or is engaged in any such service for reward; or
  • (c) becomes bankrupt or insolvent, or who compromises with or makes an assignment for the benefit of his creditors.

(4) A certificate of the City Treasurer purporting to be signed by him to the effect that the person named herein is indebted to the City in the amount mentioned therein or that such person is not indebted to the City, shall be received in any court as prima facie evidence of such indebtedness or non-indebtedness for the purposes of this Section.

(5) Any person who accepts or holds office, commission, or employment, permanent or temporarily, in the service of the City, to which any salary, fee, wages, allowance, emolument, or profit of any kind is attached, shall be eligible for election as Mayor or alderman, provided, however, that such commission or employment with the City of any such person who | ‘is elected to the office of Mayor or alderman shall immediately terminate upon his being elected.

(6) Notwithstanding any provision to the contrary which may be contained in this Act, any person who is employed by the Board of School Commissioners for the City as a teacher shall be eligible for election as Mayor or alderman and such person may continue in the employ of the Board if elected.

12 The Mayor or any alderman may resign his seat in the Council by written notice to the City Clerk, who shall place the same before the Council at its next meeting, and the resignation takes effect and the seat becomes vacant upon receipt of the notice by the Clerk, unless the notice specifies a future date at which it is to take effect, in which case it shall take effect upon that date.

13 (1) If, after the election of a person as a member of the, Council,

  • (a) he is convicted of an offence punishable by death or by imprisonment for more than five years;
  • (b) he makes an assignment in bankruptcy for the } general benefit of his creditors or is adjudged a bankrupt;
  • (c) he absents himself from the meetings of the Council for three consecutive months without being authorized by a resolution of the Council so to do;
  • (d) he ceases to be a resident of the City;
  • (e) he becomes disqualified from sitting or voting in the Council by reason of Section 11;
  • (f) he ceases to be a Canadian citizen,

the Council by resolution shall declare his seat to be vacated and thereupon his seat in the Council is forthwith vacated.

(2) If any elector files an affidavit showing that a member of the Council,

  • (a) has forfeited his seat on the Council or his right thereto;
  • (b) never was qualified as a member of the Council;
  • (c) has become disqualified as a member of the Council; or
  • (d) has otherwise vacated his seat,

and pays into court the sum of one hundred dollars as security for costs to abide the event of the application, the judge may, on ex parte application, direct that notice may be served upon such member of an application ousting him from office, and if, upon the hearing of the application, the judge, upon affidavit or oral evidence, is satisfied that the member of the Council has forfeited his seat or is disqualified or that his seat is vacated, the judge may declare the seat vacated, or the judge may refuse the application, | and in either case with or without costs.

14 (1) The Mayor shall be paid such remuneration as the Council from time to time by resolution determines.

(2) The aldermen shall be paid such remuneration as the Council from time to time by resolution determines.

(3) The Council may elect as Deputy Mayor, one of their number and the alderman acting as Deputy Mayor may be paid such remuneration as the Council from time to time by resolution determines.

(4) One third of the sums paid in each year to the Mayor, Deputy Mayor and aldermen, respectively, shall be paid as an allowance to defray the expenses incurred in discharging the duties of their respective offices and the remainder shall be paid as an indemnity or compensation for services.

(5) The remuneration paid to the Mayor, Deputy Mayor and aldermen shall be the full amount paid to them as members of the Council for services in the Council and on any board, commission, committee or other body for which the City provides funds, including the Board of School Commissioners for the City save that any member of the Council appointed by the Council to any board, who is elected chairman of such board, may receive any remuneration paid to the chairman by such board.

(6) The Mayor and each alderman shall, while in office, be a justice of the peace for the City but shall not have power to try any action unless he holds a commission as a justice of the peace.

15 (1) The first meeting of the Council shall be held within thirty days after any Civic Election at a time and place set by the Mayor or any three members of the Council, after which the Council shall meet regularly at such time as may be prescribed by its rules, but not less frequently than once each month.

(2) There shall be no meeting of the old Council after the Election.

16 (1) The Council may by resolution adopt rules and regulations fixing its own quorum, establishing its order of business and rules of procedure and generally for the transaction of its business.

(2) The Council shall hold its meetings openly and no person shall be excluded, except for improper conduct.

(3) The person presiding at any meeting may cause to be expelled and excluded any person who has been guilty of improper conduct at the meeting.

17 (1) The Mayor is the chief officer of the City and shall preside at all meetings of the Council, whenever he is present.

(2) Unless otherwise provided by by-law, the Mayor or other officer presiding at any meeting of the Council shall have no vote except where there is an equality of votes, in which event he shall have a casting vote.

ELECTIONS

18 (1) Except as hereinafter provided, the persons qualified to vote for a Mayor and aldermen at any election are all persons of the full age of eighteen years,

  • (a) whose names appear upon the last revised list of electors;
  • (b) whose names do not appear upon the last revised list of electors but who are Canadian citizens or British subjects and who have continuously resided in the City or in an area annexed to the City since the first day of May immediately preceding the date of election and who continue to reside therein on the date of election and who take the oath or affirmation in Form 14 in the Schedule.

(2) A person who is assessed in respect of real property within any polling district to the value of three hundred dollars over and above any amount which is exempt from taxation and who is not a resident of the City shall be registered upon the list of voters for that polling district and his name, address and occupation shall be entered in a section of the list under the heading “non-residents”.

(3) In this Section the word “person” means any person, male or female, and does not include a body corporate or partnership.

19 The Council shall by by-law divide the City into polling divisions, and may from time to time, by by-law, alter the boundaries of any or all polling divisions.

20 (1) The City Clerk, or such other person as the Council may appoint, shall in each year prepare a list of electors.

(2) Reference in this Part to the duties of the City Clerk with respect to any election shall include such other person as may be appointed by the Council.

(3) In any year in which there are no elections for Mayor or aldermen except by-elections, the Council may by resolution direct that no new list of electors be prepared and revised and that the existing list of electors be used for any by- election in that year.

21 (1) The list of electors shall be prepared prior to the fifteenth day of August.

(2) Every person who is of the full age of eighteen years, is a Canadian citizen or British subject and has continuously resided in the City or in any area annexed to the City since the first day of May, may, prior to the first day of August, register with the City Clerk by completing a statement in Form | in the Schedule.

(3) The head of a family may register the members of his or her family.

(4) The Council may, by by-law, provide that the City Clerk shall, within the first ten days of May in each year, cause two copies of Form | in the Schedule, together with a return envelope, to be delivered to each householder in the City and thereupon each person or head of a family may register in accordance with the provisions of this Section, by mailing one copy of the form, completed by him, to the City Clerk.

(5) The Council may, by by-law, passed before the first day of May in any year, provide for a system of enumeration of the names of persons entitled to vote at any election and may prescribe regulations and forms governing the enumeration of electors and the appointment of enumerators and, unless otherwise provided in the said by-law, the enumeration shall be conducted as follows:

  • (a) the City Clerk shall appoint a sufficient number of enumerators to complete an enumeration of electors residing in each polling division;
  • (b) on or before the last day of June, each enumerator shall visit each place of habitation in the area assigned to him and, in Form 2 in the Schedule, shall record the name and address of each person residing therein who is, or will on the date of election be, of the full age of eighteen years, is a Canadian citizen or a British subject and has continuously resided in the City, or in an area annexed to the City, since the first day of May in that year and has continued to reside therein;
  • (c) each enumerator shall complete the enumeration form in duplicate in respect of each person entitled to vote at a municipal election in the current year and shall leave a copy at the residence of the person described;
  • (d) each enumerator shall, upon completion of his duties, transmit to the City Clerk the original of all enumerator’s forms completed by him;
  • (e) each enumerator appointed pursuant to this Section, before acting as such, shall take the oath of office in Form 3 in the Schedule.

22 (1) From the completed electors’ registration forms or the completed enumerators’ forms, as the case may be, and the last revised list of electors, the City Clerk shall, on or before the fifteenth day of August, prepare a list of electors arranged according to polling divisions fixed by the Council, as provided in Section 19, placing the names for each polling division in alphabetical order of surnames or in such other order as the Council determines.

(2) The City Clerk may, in the preparation of the list of electors as provided in subsection (1), use a list of electors prepared for use in an election under the Elections Act in the City and a list of electors prepared for use in an election under the Canada Elections Act, provided, in each case, such list of electors has been used in an election in the current calendar year.

(3) Where there has been no enumeration in the current year, the City Clerk shall add to the list of electors the names, in alphabetical order or in such other order as the Council determines, of all persons whose names do not already appear on the list, but who are believed by him to be Canadian citizens or British subjects and to have continuously resided in the City, or in an area annexed to the City, since the first day of May in that year and to be the full age of eighteen years of age on the date of the election.

23 (1) The City Clerk shall, not later than the fifteenth day of August, post up one copy of the list in his office and one copy in each of two other conspicuous places in the City.

(2) The Clerk shall also post up in a conspicuous place in each polling division, a copy of that part of the list that contains the names of those entitled to vote in the polling division.

(3) The Clerk shall also publish, once a week for two consecutive weeks, in a newspaper or newspapers published or circulating in the City, a notice stating that the lists have been prepared and posted for inspection, stating the places where they are posted and the time within which application for amendments may be received by him.

24 (1) A person unlawfully taking down, covering up, mutilating, defacing or altering a list of electors is guilty of an offence and liable, on summary conviction, to a fine not exceeding one hundred dollars and in default of payment to imprisonment for a term not exceeding six months.

(2) A copy of subsection (1) shall be reproduced upon the face of every list of electors.

25 (1) Any person who is otherwise qualified to vote but whose name does not appear on the list referred to in Section 23 may, at any time during office hours of any business day, from the sixteenth day of August to the sixth day of September, make application to the City Clerk to have his name added to the list.

(2) The application shall be made personally and shall be in the form of a declaration, setting forth the qualifications of the individual applying.

(3) Any person making a false statement in any such declaration is liable, on summary conviction, to fine of not more than one hundred dollars.

(4) The City Clerk shall receive all applications properly made under the provisions of this Section, and in order to verify the qualifications of any applicant, may require him to furnish satisfactory proof thereof and may take the affidavit or statutory declaration of the applicant, or of such other person as he deems proper.

(5) If the City Clerk is satisfied that the applicant is qualified to have his name added to the list of electors, he shall add the name to the list in the proper polling division and shall notify the applicant of the addition.

(6) If the City Clerk is not satisfied that the applicant is qualified to have his name added to the list of electors, he shall reject the application and shall notify the applicant of the rejection and the reason therefor.

(7) The Clerk shall include in the notice of rejection, a statement advising the applicant that he may make a further application to the Court of Revision.

26 Any person who is, or claims to be, an elector, may apply to the Court of Revision to have the name of any person struck off the list of electors on the ground that such person is not qualified as an elector and to have the name of the proper person, if any, substituted therefor.

27 (1) Any person who challenges or takes objection to the name of any other person on the list, upon the ground that such other person is not duly qualified to be an elector, may give written notice, not later than the tenth day of September, to the City Clerk, stating the ground of his challenge or objection and the reason therefor.

(2) Notice of the challenge or objection shall be sent forthwith by the City Clerk, by prepaid post, to the person challenged or objected to, if living.

(3) If the person whose name is challenged or objected to is alleged to be dead, the City Clerk shall make due enquiry and report the result thereof to the Court of Revision.

28 The City Clerk may, not later than the tenth day of September, give written notice, by prepaid post, to any person whose name appears on the list of electors that the name of such person is liable to be struck off the list of electors, on the ground that such person is not qualified as an elector.

29 (1) Notwithstanding the provisions of Section 22, whenever a special election is held under the provisions of Section 118, the City Clerk shall use in the preparation of the list of electors, the list of electors prepared for use in the last election in an election year.

(2) The procedure as set out in Sections 25, 26, 27 and 28 shall apply to special elections.

30 Any person who claims to be duly qualified as an elector, but whose name does not appear on the list, may appear personally before the Court of Revision and apply to have his name added to the list.

31 (1) The Council shall, by resolution, prior to the first day of September in each year, appoint as a Revising Officer, any duly qualified barrister who is practising in the Province and who is a resident of the City and shall fix the fees to be paid to the Revising Officer, at such amount as the Council deems reasonable.

(2) If the Revising Officer is unavailable to perform his duties, the Clerk may appoint a substitute Revising Officer, who shall be qualified as aforesaid and paid the amount provided by the Council when they appointed the Revising Officer.

32 The City Clerk shall be the Clerk of the Court of Revision.

33 On or before the first day of September in each year, the Council shall, by resolution, set the time or times and the place when and where the Court of Revision is to be held.

34 The City Clerk shall cause to be published forthwith, in two or more issues of a newspaper published or circulating in the City, a notice stating the time and place fixed for the hearing by the Court of Revision of applications for amendments to the list of electors.

35 (1) On or before the twentieth day of September in each year, the Court of Revision shall hear and finally determine all applications for amendments to the list of electors and the City Clerk shall amend the list in the manner so determined.

(2) No name shall be deleted from the list unless the person concerned, if living, has been given an opportunity to be heard, or if dead, proof of death satisfactory to the Court of Revision has been produced.

36 (1) Any City Clerk who knowingly enters in a list of electors the name of any person who has no right to be included therein, pursuant to the provisions of this Act, or who refuses or wilfully neglects or omits,

  • (a) to prepare a list of electors as required by this Act;
  • (b) to enter upon a list of electors the name of any person which appears upon an enumerator’s form;
  • (c) to enter upon a list of electors any other particular required by this Act; or
  • (d) to revise a list of electors in accordance with any of the requirements of this Act,

is, in respect of each such entry, refusal, neglect or omission, guilty of an offence and liable, on summary conviction, to a fine of not more than fifty dollars.

(2) For the purposes of this Section, the expression “list of electors” includes any copy thereof that the City Clerk is required to prepare by this Act.

37 The list, as revised by the Court of Revision shall be the list of electors of the City for the ensuing year, or until a new list has been prepared and finally revised.

38 (1) The Revising Officer, when sitting as a Court of Revision upon the list of electors, has the power to issue subpoenas for the attendance of witnesses before the Court and such subpoenas shall be in the form prescribed by the Court, or to the like effect, and signed by the Revising Officer.

(2) The Revising Officer, when sitting as a Court of Revision upon the list of electors, has the power to examine witnesses on oath or affirmation, to be administered by the Revising Officer.

(3) Any person served with a subpoena who, having been paid or tendered his fees at the rate for witnesses in the County Court fails to attend at the time and place mentioned, or having attended or being present in court refuses to be sworn if required to give evidence, is guilty of an offence and liable, on summary conviction, to a fine of not less than ten dollars or more than fifty dollars and, in default of payment, to imprisonment for a term not exceeding fifteen days.

39 (1) The City Clerk shall, unless the Council otherwise specially provides, be, by virtue of his office, the Returning Officer for all elections required to be held under the provisions of this Act and for the taking of votes on any question under the provisions of this Act.

(2) The Council may, by resolution passed not less than thirty days prior to the date fixed for any election required to be held under the provision of this Act, or for the taking of votes on any question, appoint a Returning Officer other than the City Clerk for such election or taking of votes.

(3) The Returning Officer shall appoint such deputy returning officers, poll clerks, constables and other officials as may be necessary and fix such polling places as may be required for the wards or polling divisions as the case may require, and do all such acts as may be required for holding the election or taking such votes as the case may be, in conformity with the provisions of this Act.

(4) If a deputy returning officer dies or is unable to act, the Returning Officer shall have power to appoint a substitute.

(5) If a Returning Officer dies, or is unable to act from any cause, the Chief Administrative Officer, if any, and, in other cases, the Mayor, may, in writing, appoint a person to act in place of the Returning Officer for the purpose of any election or vote on a question then pending or to be held or taken within thirty days after such appointment and the person so appointed shall have and be subject to the same powers, authorities, duties and liabilities as a Returning Officer.

40 The Council shall, by by-law, fix a day to be known as “Nomination Day” and a day to be known as “Election Day”.

41 (1) The Returning Officer shall, at least six days prior to Nomination Day, post in ten conspicuous places in the City and shall advertise in one or more newpapers circulating in the City a notice in Form 4 in the Schedule.

(2) If the ward system is in force, the notice shall state the number of aldermen to be elected for each ward and shall be posted in two conspicuous places in each ward.

42 (1) At the time and place named in the notice, the Returning Officer shall declare the meeting opened for the purpose of receiving nominations.

(2) No person shall be nominated for more than one municipal office.

(3) No member of the Council shall be eligible for nomination or election as Mayor, except in the case of an annual election, held in the last year of his term of office, unless he has, before ten o’clock in the morning ten days before Nomination Day, filed his resignation with the City Clerk, which resignation shall take effect at midnight on the day preceding Election Day, or on any earlier date specified in the resignation.

(4) If the number of persons nominated does not exceed the requisite number, the Returning Officer shall declare the person so nominated duly elected.

43 (1) Every nomination for Mayor or aldermen shall be in writing, signed by two electors, and shall be accompanied by a written statement from the person named in the nomination that he is eligible to be elected for such office, and that he will accept the office, if elected.

(2) If the ward system has been adopted, every nomination for alderman shall be signed by at least two electors whose names appear on the last revised list of electors for the ward named in the nomination.

(3) The nomination and statement may be in Form 5in the Schedule.

(4) No nomination shall be valid or accepted by the Returning Officer unless the nomination paper is duly completed and signed, and is accompanied by the candidate’s acceptance, duly completed and signed and a sum of one hundred dollars is deposited by the Candidate with the Returning Officer.

(5) The sum so deposited by any candidate shall be returned to him by the Returning Officer if the candidate is elected or if he obtains a number of votes equal to at least one-half of the number of votes polled by the winning candidate elected to the vacancy in respect of which such unsuccessful candidate offered.

44 (1) If more than the required number of persons are nominated, the Returning Officer shall declare that a poll will be held and shall name the Election Day fixed by by-law as aforesaid, the place or places where the votes are to be polled and the deputy returning officers appointed to receive the same and also the time and place at which the result of the polling will be declared.

(2) When a poll has to be taken, the Returning Officer shall, without any unreasonable delay after the nominations, cause to be posted in the City Hall, and shall advertise in one or more newspapers circulating in the City, a notice in the Form 6 in the Schedule.

45 Any candidate may withdraw within twenty- -four hours after the close of the nomination meeting by filing with the Returning Officer a declaration in writing to that effect, signed by himself in the presence of the Returning Officer, a commissioner to administer oaths or a notary public, and any votes cast for a candidate who is thus withdrawn shall be null and void.

46 If, by reason of a withdrawal or withdrawals, the number of candidates remaining in nomination for an office does not exceed the number required by this Act to be elected for such office, the Returning Officer shall return, as duly elected, the candidate or candidates so remaining in nomination, without waiting for the Election Day and the polling for such office shall not take place.

47 In such cases, the Returning Officer shall forthwith cause to be posted in the City Hall and shall advertise at least once in a newspaper circulating in the City, a notice in Form 7 in the Schedule.

48 In the case of a poll at a municipal election, the vote shall be given by ballot.

49 Where a poll is required, the Returning Officer shall provide as many ballot boxes as there are polling divisions.

50 The ballot boxes shall be made of durable material, shall be provided with a lock and key and shall be so constructed that the ballot papers can be deposited therein and cannot be withdrawn therefrom unless the boxes are unlocked.

51 The Returning Officer shall deliver one ballot box to every deputy returning officer appointed for the purpose of the election not later than fifteen minutes before the opening of the poll.

52 Where a poll is required, the Returning Officer shall forthwith cause to be printed at the expense of the City, a number of ballot papers sufficient for the purposes of the election.

53 Every ballot paper in an aldermanic election shall contain a brief, explanatory note stating the number of candidates required to be elected and shall contain the name of the duly nominated candidates, arranged alphabetically in the order of their surnames, and if there are two or more candidates with the same surname, in the order of their given names.

54 (1) The names of the candidates for Mayor shall not be included in the same ballot with the names of the candidates for aldermen.

(2) Where the ward system is established, one kind or set of ballot paper shall be prepared for each ward containing the names of candidates for aldermen in the ward.

55 The ballot papers shall in Forms 8 and 9 in the Schedule.

56 Before the opening of the poll, the Returning Officer shall deliver or cause to be delivered to every deputy returning officer the ballot papers which have been prepared for use in the ward or polling division for which such deputy returning officer has been appointed to act and such other materials as are necessary in order enable the electors to mark their ballot papers.

57 (1) The Returning Officer shall, before the opening of the poll, deliver or cause to be delivered to every deputy returning officer, such number of printed directions for the guidance of electors as he may deem sufficient.

(2) Such directions shall be printed in conspicuous characters and may be according to Form 10 in the Schedule.

58 Every Returning Officer, deputy returning officer, poll clerk, constable or other officer appointed to act at an election shall, before entering upon the duties of his office, make and subscribe a solemn declaration in Form 11 in the Schedule.

59 When any oath, affirmation or declaration is required to be taken or made by a Returning Officer or deputy returning officer, and no special provision is herein made therefor, the same may be made and subscribed before the City Clerk, the poll clerk or a commissioner for administering oaths or, in the case of a deputy returning officer, before the Returning Officer, as well as before any person authorized to administer an oath, and the Returning Officer, deputy returning officer or any such person may administer any oath, affirmation or declaration required to be made by a poll clerk, constable or other officer under the provisions of this Act.

60 Every deputy returning officer shall, before the opening of the poll, or immediately after he has received the printed directions from the Returning Officer, if he did not receive the same before the opening of the poll, cause the said printed directions to be placarded outside the polling place for which he is so appointed to act, and also in every voting compartment of the polling place, and shall see that they remain so placarded until the close of the poll.

61 Every polling place shall be furnished with one or more compartments in which the electors can mark their ballots, screened from observation, and it shall be the duty of the Returning Officer to see that such accommodation is provided at each polling place.

62 The Returning Officer shall, before the poll is opened, deliver to every deputy returning officer a copy, certified by the Clerk to be a correct copy, of the list of electors for the ward or polling division for which such deputy returning officer is to act, and a blank poll book in which to record the names and qualifications of the electors who vote.

63 The poll book shall be in Form 12 in the Schedule.

64 The Returning Officer, on the request of any elector who has been appointed deputy returning officer or poll clerk or constable or agent of a candidate to attend at any polling place other than the one where he is entitled to vote, shall give to such elector a certificate that he is entitled to vote at the polling place where he is to be stationed during the polling day.

65 On the production of the certificate, the deputy returning officer, poll clerk, constable or agent shall have the right to vote at the polling place where he is stationed during the polling day, instead of the place where he would otherwise have been entitled to vote, and the deputy returning officer shall attach the certificate to the lists of electors, but no certificate shall entitle the elector to vote at such polling place unless he has been actually engaged as such deputy returning officer, poll clerk, constable or agent, during the whole of the day of polling, or to vote for aldermen except in the ward where he would otherwise be entitled to vote.

66 If a deputy returning officer votes at the polling place to which he has been appointed as such, the poll clerk appointed to act at the polling place or, in the absence of the poll clerk, any elector authorized to be present, may administer to the deputy returning officer any of the oaths required by law to be taken by voters.

67 (1) The deputy returning officer may, by writing under his hand, appoint a poll clerk who in the absence of the deputy returning officer, or, in the case of his illness or inability to fulfil duties required of him by this Act, shall have the powers of the officer by whom he was appointed.

(2) The deputy returning officer may also appoint a constable to maintain order at the polling place, or he may summon to his assistance in the polling place, any police constable or police officer for the purpose of maintaining order, preserving the public peace or preventing any breach thereof, or of preventing any person who, in the opinion of the officer presiding at the poll, is obstructing the polling or wilfully violating the provisions of this Act.

68 Every Returning Officer, deputy returning officer, poll clerk, constable, candidate or agent authorized to be present at any polling place before exercising at any polling place any of the rights or functions of the office for which he has been so appointed, shall take and subscribe before the City Clerk, a commissioner for oaths or, in the case of a poll clerk, constable or agent, before the deputy returning officer at whose polling place he is appointed to act, an oath in Form 1! in the Schedule.

69 The polls shall be kept open on Election Day, during such hours as are prescribed by by-law.

70 Any person producing to the deputy returning officer a written authority to represent a candidate as his agent at a polling place, shall be recognized as such by the said officer, provided that not more than two agents representing the same candidate shall be present at the same time in a room in which voting is taking place.

71 Any elector may vote once only for Mayor and once only for alderman and in case his name, or a name intended for his, appears in the list of electors for more than one ward, if the elections are to be from wards, he shall cast his votes for Mayor, alderman and any question referred to the electors, in the same ward.

(2) If the City or any ward is divided into polling divisions all such votes shall be cast in the same division.

(3) An elector may vote in any ward or polling division in which his name appears on the list of voters, or in which he resides, or in the case of a non-resident as defined in subsection (2) of Section 18, in the ward or polling district within which he is assessed for real property, but no person shall vote in more than one ward or polling division on the same day.

(4) The receipt by an elector of a ballot within the polling booth shall be prima facie evidence that he has, there and then, voted.

72 (1) The deputy returning officer shall, immediately after the opening of the poll, show the ballot box to such persons as are present in the polling place, so that they may see that it is empty.

(2) He shall then lock the box and place his seal upon it in such manner as to prevent its being opened without breaking the seal and shall thereupon place it in his view for the receipt of ballot papers, and shall keep it so in full view of all present and locked and sealed during the hours of polling.

73 (1) When a person whose name is on the list of electors presents himself for the purpose of voting, the deputy returning officer shall proceed as follows:

  • (a) he shall ascertain that the name of such person, or the name apparently intended therefor, is entered upon the list of electors for the polling division for which the said officer is appointed to act;
  • (b) he shall record, or cause to be recorded by the poll clerk, in the proper columns of the poll book, the name, residence and occupation of such person;
  • (c) when the vote is objected to by any candidate or his agent, the deputy returning officer shall enter the objection in the poll book by writing his initials opposite the name of such person in the column headed “objected to”; noting at the same time by which candidate or on behalf of which candidate the objection has been made, by adding after his initials the name or initials of such candidate;
  • (d) If a candidate or his agent demands that a voter be sworn, the deputy returning officer shall administer to him the oath, in Form 13 in the Schedule.

(2) If a person whose name is not on the list of electors at the polling division in which he resides, or who is a non-resident as described in subsection (2) of Section 18, presents himself for the purpose of voting, and claims he is entitled to vote, the deputy returning officer shall, upon administering to him the oath in Form 14 in the Schedule, place his name on the list of electors and shall permit him to vote.

(3) If, in the case of a person mentioned in subsection (2), a candidate or his agent demands that the elector be sworn, the deputy returning officer shall, before permitting him to vote, administer to him the oath in Form 13 in the Schedule.

(4) If the elector takes such of the oaths as may be required, the deputy returning officer shall receive the vote and shall enter, or cause to be entered, opposite such person’s name, in the proper column of the poll book, the word “sworn” or “affirmed” according to the facts.

(5) Where the elector refuses to take the required oath or affirmation, the deputy returning officer shall enter, or cause to be entered, opposite the name of such voter in the proper column of the poll book, the words “refused to swear” or “refused to affirm,” according to the facts, and the vote of such person shall not be taken or received, and if the deputy returning officer takes or receives such vote, or causes the same to be taken or received, he is guilty of an offence and liable, on summary conviction, to a fine of one hundred dollars.

(6) When the proper entries respecting the persons so claiming to vote have been made in the poll book in the manner prescribed, the deputy returning officer shall place, or cause to be placed a check or mark opposite the name of the voter in the list of electors, to indicate that the name of such person has been entered in the poll book, and that the person has been allowed to vote, and shall then sign his initials on the back of the ballot paper.

(7) Except in the case mentioned in subsection (5), the ballot paper shall then be initialled by the deputy returning officer and delivered to the elector.

74 The deputy returning officer may, and upon request shall, either personally or through his poll clerk, explain to the elector as concisely as possible the proper method of voting.

75 The deputy returning officer shall place, or cause to be placed, in the columns of the poll book headed “Mayor” and “Aldermen”, a check mark opposite the name of every elector receiving the ballot paper at the time he receives the same, to denote that the elector has received a ballot paper for Mayor or alderman, as the case may be.

76 (1) On receiving from the deputy returning officer the ballot paper prepared as aforesaid, the elector shall forthwith

  • (a) proceed into a voting compartment and there mark his ballot paper by making a cross with a black lead pencil within the space containing the name of the candidate for whom he intends to vote at the right of that name or at any other place within that space;
  • (b) fold the ballot paper so as to conceal the names of the candidates and all marks upon that face of the paper and so that the initials on the back of it can be seen without unfolding it; and
  • (c) hand the ballot paper to the deputy returning officer.

(2) Except as provided in Section 80, an elector shall not show the front of his ballot paper to anyone or display it so as to make known to any person the name of any candidate for whom he has or has not marked it.

(3) On receiving a ballot paper handed to him pursuant to subsection (1), the deputy returning officer shall forthwith, without unfolding it or disclosing the name of any candidate or any mark by the elector,

  • (a) verify that it is the same ballot paper as was delivered to the elector, by examining his initials on the back; and
  • (b) if it is the same ballot paper, deposit it at once in the ballot box in the full view of the elector and of all others present.

(4) The elector, unless entitled to remain, shall then leave the voting place forthwith.

77 While an elector is in a voting compartment for the purpose of marking his ballot paper, no person shall be allowed to enter the compartment or to be in any position from which he can observe the mode in which the elector marks his ballot paper.

78 No person who has received a ballot paper from the deputy returning officer shall take the same out of the voting place.

79 (1) Any person who, having received a ballot paper from the deputy returning officer, leaves the polling place without first delivering the same to the said officer, in the manner prescribed, shall thereby forfeit his right to vote and the officer shall make an entry in the poll book in the column for “Remarks”, to the effect that such person received a ballot paper but took the same out of the polling place, or returning the same declining to vote, as the case may be.

(2) In the latter case, the officer shall immediately write the word “declined” upon such ballot paper and shall preserve the same.

80 (1) In the case of an application by a person claiming to be entitled to vote, who is incapacitated by blindness, or other physical cause, from marking his ballot paper, or in the case of a person claiming to be entitled to vote who makes a declaration that he is unable to read, the proceedings shall be as follows:

  • (a) the deputy returning officer shall, in the presence of the agents of the candidates, cause the vote of such person to be marked on the ballot paper in the manner directed by such person, and shall immediately place the ballot in the ballot box;
  • (b) the deputy returning officer shall state, or cause to be stated in the poll book, by an entry opposite the name of such person in the proper column of the poll book that the vote of such person is marked in pursuance of this Section, and the reason why it is so marked;
  • (c) the said declaration may be in Form 15 in the Schedule.

(2) If an elector, who is incapacitated by blindness, requests that the person who is acting as his escort shall mark his ballot paper on his behalf, that person may do so and, in such case, the foregoing provisions do not apply.

81 (1) A person claiming to be entitled to vote, who has inadvertently dealt with his ballot paper in such manner that it cannot be conveniently used as a ballot paper, may, on delivering to the deputy returning officer the ballot paper so inadvertently dealt with, and proving the fact of the inadvertence to the satisfaction of the said officer, receive another ballot paper in the place of the ballot paper so delivered.

(2) The said officer shall immediately write the word “cancelled” upon the ballot paper so delivered to him, and he shall preserve the same until he makes his return under Section 94.

82 During the time appointed for polling, no person shall be entitled or permitted to be present in the polling place, other than the officers, candidates, poll clerks, constables or agents authorized to attend at the polling place, and the elector who is, for the time being, actually engaged in voting.

ADVANCE POLL

83 (1) This Section applies to any person who is a qualified elector and who is

  • (a) an invalid sixty-five years of age or over on Election Day or on the day appointed for voting on any other questions under this Act;
  • (b) physically disabled on the date of the advance poll and expects to be physically disabled on Election Day or on the day appointed for voting on any other questions under this Act;
  • (c) required to work at his employment, excluding lunch hour and coffee break periods, during the whole of the time fixed for polling on Election Day or on the day appointed for voting on any other questions under this Act; or
  • (d) of the reasonable belief that he will be absent from his place of residence during the whole of the time fixed for polling on Election Day or for voting on any other questions under this Act.

(2) An employee who is a qualified elector and who is required to work at his employment, excluding lunch hour and coffee break periods, during the whole of the time fixed for polling on Election Day and on the date fixed for the advance poll is entitled to have sufficient time off work on one or the other of the aforementioned days without loss of wages to cast his or her vote.

(3) For the purpose of enabling a person to whom this Section applies to vote, the Returning Officer shall establish an advance polling booth, which shall be centrally located so as to suit the convenience of the electors.

(4) Except as herein provided, the poll so held at every such polling booth shall be conducted in the same manner as provided for the conduct of other polls in an election.

(5) The poll at each polling booth so established shall be open during such hours and on such days as may be fixed by by law, by the Council.

(6) No advance poll shall be held within twenty-four hours of the time fixed for the opening of the regular polls.

(7) Notice of the time and place fixed for an advance poll shall be published at least twice preceding the date of the advance poll, in a newspaper circulating in the City.

(8) Every person applying to vote at any such polling booth, before being permitted to do so shall be required by the deputy returning officer in charge of the poll to make and sign an affidavit or affirmation in Form 16, 17 or 18 in the Schedule, as the circumstances require, which shall be kept by the deputy returning officer with the other records of the poll.

(9) The Returning Officer or deputy returning officer may take such affidavit or affirmation and any person who signs the same, knowing that any statements therein are false, is guilty of an offence and liable, on summary conviction, to a fine of not less than twenty-five dollars and not more than one hundred dollars.

(10) The Returning Officer shall, as early as reasonably possible, and prior to the opening of the poll, cause to be delivered to the deputy returning officer or other officer at each poll, either

  • (a) a corrected list of electors on which the names of all electors who are entitled to vote in his polling division and who have voted at the advance poll, have been struck out; or
  • (b) a list of all electors who are entitled to vote in his division and who have voted at the advance poll, and, in the latter case, the deputy returning officer or other presiding officer, shall strike off his list the names of the persons having so voted.

(11) All proceedings that, in the opinion of the Council, are necessary or expedient to give full effect to this Section, shall be deemed to be authorized, notwithstanding any inconsistencies that may arise between this section and any other portion of this Act.

84 (1) The Council may, by by-law, provide for the holding of a hospital poll for the purpose of taking the votes of any electors who, on the day fixed for the holding of any civic election, may be confined to any hospital in the City, or in any hospital in any city, town or municipality forming part of the County of Halifax, and who are, in consequence, unable to go to the polling places at which they are qualified to cast their votes, and, while such by-law is in force the Returning Officer shall appoint such sufficient number of deputy returning officers and polling clerks as he deems necessary to take the votes of such patients, but of no other persons whatsoever.

(2) When a hospital poll is provided for, the Returning Officer shall appoint the times on Election Day at which the votes in the said hospital shall be taken, and the deputy returning officers and polling clerks so appointed, accompanied by an officer of the hospital, shall attend with a ballot box upon such patients as the superintendent or other person having charge of the hospital certifies to the deputy returning officer to be bona fide patients in the hospital and to be well enough to vote, and take the votes of any such patients who wish to vote.

(3) Every hospital at which a poll is taken, pursuant to the provisions of this Section, is a polling place and all the provisions of this Act apply, so far as the same are applicable to the holding of a poll under this Section, and to all proceedings in connection therewith or incidental thereto.

(4) All proceedings that, in the opinion of the Returning Officer, may be deemed necessary or expedient to give full effect to the provisions of this Section, shall be deemed to be authorized notwithstanding any inconsistencies that may arise between this Section and any other portion of this Act.

85 (1) In every polling place the deputy returning officer shall, immediately after the close of the poll, in the presence and full view of the poll clerk, if any, and of such candidates or their agents as are present,

  • (a) count the number of electors whose names appear in the poll book as having voted and enter that number on the line immediately below the name of the elector who voted last, thus: “The number of electors who voted at this election at this polling place is (stating the number)”, and sign his name thereto;
  • (b) count the cancelled ballot papers, if any, place them in the envelope supplied for that purpose, indicate thereon the number of cancelled ballot papers and seal it;
  • (c) count the ballot papers returned to him by electors who declined to vote, if any, place them in the envelope supplied for that purpose, indicate thereon the number of ballot papers marked “declined”, seal the envelope and mark thereon the number of electors, if any, who removed ballot papers from the polling place and did not return them;
  • (d) check whether the number of electors who have voted, the number of cancelled ballot papers (if any) and the number of unused ballot papers correspond in total to the number of ballot papers supplied by the Returning Officer in order to ascertain that all ballot papers are accounted for;
  • (e) open the ballot box and count the votes, giving full opportunity to those present to examine each ballot paper.

(2) In counting the votes, the deputy returning officer shall reject every ballot paper

  • (a) that has not been supplied by him;
  • (b) that has not been marked for any candidates within the space containing the name of the candidate;
  • (c) on which more votes are marked than the elector is entitled to mark;
  • (d) on which there is any writing or mark by which the elector could be identified; or
  • (e) that the elector has torn, defaced or otherwise dealt with so that he could thereby be identified.

(3) No ballot paper shall be rejected pursuant to subsection (2) by reason only that it has on it any writing, number or mark placed thereon by a deputy Returning Officer.

(4) No ballot paper shall be rejected pursuant to subsection (2) by reason only that it has been marked

  • (a) with a writing instrument other than a black lead pencil;
  • (b) with a mark other than a cross;
  • (c) with more than one mark in the space containing the name of the candidate for whom the voter has marked his ballot paper; or
  • (d) in the space containing the name of a candidate but not at the right of that name;

if the mark or manner of marking does not constitute identification of the elector.

86 The deputy returning officer shall not permit more than one agent of any candidate to be present at the same time in any polling place during the counting of the votes.

87 (1) The deputy returning officer shall take a note of any objection made by a candidate or his agent to any ballot paper found in the ballot box and shall decide any question arising out of the objection.

(2) Every objection shall be numbered and a corresponding number shall be placed on the back of the ballot paper and initialled by the deputy returning officer.

88 On the back of a ballot paper the deputy returning officer shall

  • (a) endorse “rejected” if he rejects it as invalid:
  • (b) endorse “rejection objected to” if any objection is made to his decision; and
  • (c) initial each endorsement.

89 (1) The deputy returning officer shall then count the votes given for each candidate upon the ballot papers not rejected, and shall prepare a written statement in words as well as in figures of the number of votes given for each candidate and of the total number of ballot papers rejected and not counted.

(2) The written statement shall be made under the following heads:

  • (a) name or number of polling division and date of election;
  • (b) number of votes for each candidate;
  • (c) number of rejected ballot papers.

90 The written statement shall be signed by the deputy returning officer, the poll clerk, if any, and such of the candidates or their agents as are present and desire to sign it.

91 Every deputy returning officer upon being requested to do so shall deliver to each of the persons authorized to attend at the polling place a certificate of the number of votes given at that polling place for each candidate and of the number of rejected ballot papers.

92 (1) At the completion of the counting of votes and in the presence of the candidates or agents of the candidates, the deputy returning officer shall make up into separate packets

  • (a) the used ballot papers that have not been objected to and that have been counted;
  • (b) the ballot papers that have been objected to, but that have been counted;
  • (c) the rejected ballot papers; (d) the unused ballot papers;
  • (e) the notes taken of objections made to ballot papers found in the ballot box; and
  • (f) the list of electors and poll book together with oath in Form 19 in the Schedule.

(2) Each packet shall be sealed with the deputy returning officer’s own seal and with the seals of such candidates or agents of candidates as desire to affix their seals and each packet shall be marked upon the outside with

  • (a) a short statement of the contents of the packet;
  • (b) the date of the election;
  • (c) the name of the deputy returning officer; and (d) the polling division name or number.

(3) After making up the packets and in the presence of such candidates or their agents as are present, the deputy returning officer shall prepare a ballot paper account

  • (a) indicating the date of the election, the name of the deputy returning officer, the polling division name or number; and
  • (b) accounting for the ballot papers received by him by showing
    • (i) the total number of ballot papers received by him,
    • (ii) the number of counted ballot papers, (iii) the number of rejected ballot papers, (iv) the number of cancelled ballot papers,
    • (v) the number of ballot papers given to voters who afterwards returned the same, declining to vote,
    • (vi) the ballot papers taken from the polling place, and
    • (vii) the unused ballot papers.

93 (1) Before making up the packet containing the list of electors and poll book, the deputy returning officer shall make and subscribe before the Returning Officer, a justice of the peace, a person authorized to administer oaths, or before the poll clerk, his declaration under oath that the list and poll book were used in the manner prescribed by law and that the entries required by law to be made therein were correctly made.

(2) The declaration shall be made in Form 19 in the Schedule.

(3) The declaration shall thereafter be attached to the list of electors.

94 (1) The deputy returning officer personally shall forthwith deliver to the Returning Officer (a) the ballot box; (b) the packets; (c) the ballot paper account; and

(d) the statement of votes given for each candidate and of the rejected ballot papers prepared pursuant to Section 89. 1

(2) If, owing to illness or other cause, the deputy returning officer is unable to deliver the items referred to in subsection (1) personally to the Returning Officer he shall deliver them to a person chosen by him for the purpose and shall write on the outside of each of the said items the name of the person to whom the same has been so delivered and shall take a proper receipt therefor.

95 (1) After he has received the items referred to in Section 94 and without opening any of the sealed packets of ballot papers, the Returning Officer shall calculate the total number of votes per candidate from the statements of votes given that have been prepared pursuant to Section 89.

(2) At the City Hall or at some other public place at noon on the second day after Election Day the Returning Officer shall publicly declare to be elected the candidate or candidates having the highest number of votes for each office to be filled by the election.

(3) The Returning Officer shall also post up in some conspicuous place in the City Hall a statement under his hand, showing the number of votes polled for each candidate.

96 If it appears upon the calculating of the votes that two or more candidates for any office have an equal number of votes, the Returning Officer shall write the names of such candidates separately on blank sheets of paper of equal size and of the same colour and texture, and, after folding the same in a uniform manner and so that the names are concealed, deposit them in a receptacle and direct some person to withdraw one of the sheets, and the Returning Officer shall declare to be elected the candidate whose name appears on the sheet thus withdrawn.

97 (1) The Mayor and aldermen shall, before entering upon the duties of their offices respectively, be sworn by taking and subscribing the Oath of Allegiance and also the Oath of Office as in Form 20 in the Schedule.

(2) The Oaths shall be administered to the Mayor elect by the Lieutenant Governor or, in his absence or inability to act, by the Chief Justice or by one of the judges of the Supreme Court.

(3) The Oaths shall be administered to the aldermen by the Mayor or by one of the persons empowered to administer the oath to the Mayor.

(4) A certificate of such oaths having been taken shall be entered by the City Clerk in the minutes.

98 (1) Forthwith after the election, the Returning Officer shall deliver to the City Clerk the ballot boxes, packets and returns aforesaid, and the City Clerk is thereafter responsible for their safekeeping and for their delivery when required.

(2) The list of electors, poll book and attached declaration may be inspected at any time in the presence of the City Clerk by an elector.

99 (1) The City Clerk shall for six weeks retain all ballot papers, books, forms and other documents received by him, and shall then, unless otherwise ordered by a judge, cause them to be destroyed in the presence of two witnesses, each of whom shall take an affidavit that he has witnessed the destruction of the said ballot papers, books, forms and other documents.

(2) The affidavits may be taken before the Mayor, a justice of the peace or a commissioner for oaths and shall be filed by the City Clerk among the records of the City.

100 A candidate may himself undertake the duties that any agent of his might have undertaken, or he may assist his agent in the performance of such duties and may be present at any place at which his agent is by this Act authorized to attend.

101 When, in the Sections of this Act relating to elections of Mayor or aldermen, expressions are used requiring or authorizing any act or thing to be done, or implying that any act or thing is to be done, in the presence of the agents of a candidate or candidates, such expressions shall be deemed to refer to the presence of such agents as are authorized to attend and as have, in fact, attended at the time and place at which such act or thing is being done, and if the act or thing is otherwise duly done, the non-attendance of any agent at such time and place does not invalidate it.

102 (1) The provisions of the Municipal and Town Controverted Elections Act shall apply to the City and to the election of Mayor or aldermen, subject as follows:

  • (a) the expression “town” includes the City;
  • (b) the expression “election” includes an election to the office of Mayor or alderman for the City;
  • (c) the expressions “town council”, “council of the town” and “council” includes the City;
  • (d) the expression “court” means the County Court of District Number One, and the expression “judge” means the judge of that Court;
  • (e) the expressions “mayor of an incorporated town” or “mayor” include the Mayor of the City and “town councillor” or “councillor” includes an alderman of the City;
  • (f) the expressions “clerk of the municipality or of the town” or “clerk” include the City Clerk;
  • (g) the expression “presiding officer” means a deputy returning officer or other officer presiding at a polling place for the election of Mayor or alderman of the City.

(2) If an election is set aside or the seat declared vacant by the judge or court of appeal, upon the receipt of the certificate and report to that effect, proceedings shall be taken under this Act for a new election to fill the vacancy, as if the seat were vacant.

(3) Any candidate elected at an election for Mayor or alderman who is found by the judge to have committed any corrupt practice, either personally or by an agent, with or without his authority, knowledge or sanction, shall forfeit his seat.

(4) No election shall be declared invalid by reason of the non-compliance with the provisions of this Part as to the taking of the poll or the counting of the votes, or by reason of any want of qualification of the person signing a nomination paper under the provisions of this Part, or of any mistake in the use of the forms prescribed, or by reason of any irregularity, if it appears to the tribunal having cognizance of the question that the election was conducted in accordance with the principles laid down in this Part and that such non-compliance, mistake or irregularity did not affect the result of the election.

(5) In case of corrupt practices having been committed by agents, if the candidate proves to the judge

  • (a) that no corrupt practice was committed at such election by the candidate or with his knowledge or consent and that such corrupt practices committed by such agents were committed without the sanction or connivance of such candidate; and
  • (b) that all reasonable means for preventing the commission of corrupt practices at such election were taken by the candidate; and
  • (c) that such corrupt practices committed by such agents were of a trivial, unimportant and limited character, then the candidate shall not, by reason of such corrupt practices of agents, forfeit his seat.

(6) The seat of the Mayor or an alderman may be declared vacant upon petition under the said Act for disqualification or loss of qualification subsequent to his admission to office, to be presented within three months after the same is known.

(7) The Mayor or any alderman shall forfeit his office six months after becoming elected a member of the House of Assembly of Nova Scotia or the House of Commons of Canada, or being appointed to the Senate of Canada.

(8) If the Mayor or an alderman was a member of the House of Assembly of Nova Scotia, the House of Commons of Canada or the Senate of Canada at the time of his election as Mayor or alderman, he shall forfeit his office as Mayor or alderman unless prior to being sworn into office he resigns as a member of the House of Assembly of Nova Scotia, the House of Commons of Canada or the Senate of Canada.

103 All reasonable expenses incurred at any election under this Act shall be paid by the treasurer out of the funds of the City upon the production to him of proper accounts verified in such manner as the Council may direct.

104 (1) No person shall be allowed to inspect any ballot papers in the custody of the City Clerk except under order of a judge, which may be granted upon satisfactory evidence on oath that the inspection or production of the ballot paper is required for the purpose of maintaining a prosecution for an offence in relation thereto, or for the purpose of taking proceedings under the Municipal and Town Controverted Elections Act to contest an election or return.

(2) The order shall state the time and place for inspection of such papers and shall name the persons to be present at such inspection, and shall be made subject to such conditions as the judge thinks expedient.

105 (1) Every printed or other advertisement, except an advertisement published in a newspaper, every handbill, placard, poster, dodger, circular or circular letter having reference to an election or vote upon a question shall bear the name and address of its printer or of its printer and publisher.

(2) Any person printing, publishing, distributing or posting up, or causing to be printed, published, distributed or posted up, any such document, unless it bears such name and address, is guilty of an offence and liable, on summary conviction, to a fine of not less than twenty-five dollars nor more than two hundred dollars.

106 (1) At any time within fifteen days from the time of the declaration of the result of the election by the Returning Officer under subsection (2) of Section 95, an elector may apply to a judge by notice of motion for a recount, after such elector has

  • (a) filed an affidavit with the Clerk of the court that the Returning Officer or any deputy returning officer or other officer in counting the votes given at the election has improperly counted or rejected any ballot papers and that his action has materially affected the result of the election; and
  • (b) deposited with the clerk of the court the sum of one hundred dollars as security for the payment of cost and expenses.

(2) At least three days prior to the application a copy of the notice of motion and the affidavit filed shall be served by the elector on the City Clerk, the Returning Officer and the candidate or candidates who may be affected thereby.

(3) Upon the hearing of the application the judge shall appoint a time and place to recount the votes and cause notice in writing to be given to the City Clerk, the candidate or candidates who may be affected thereby and to such other person as the judge may direct of the time and place at which he will proceed to recount the same.

(4) The City Clerk shall be present at the recount with the sealed packets of ballot papers and duplicate statements used at the election.

(5) The deposit of one hundred dollars shall not be paid out by the clerk without the order of the judge.

107 The judge, the clerk or deputy clerk of the court, the City Clerk with the ballot papers and each candidate notified to attend the recount and his agent or solicitor and representatives of the press, and no other persons, except with the sanction of the judge, are entitled to be present at the recount.

108 (1) At the time and place appointed the judge shall proceed to recount, or cause to be recounted, all the ballot papers received by the City Clerk from the Returning Officer as having been cast in the election complained of, and he shall, in the presence of such of the parties aforesaid as attend, open all the sealed packets referred to in Section 94.

(2) In recounting the votes care shall be taken that the mode in which any particular voter has voted shall not be disclosed.

109 (1) The judge shall, as far as practicable, proceed continuously with the recount except during such hours as may be excluded by the judge.

(2) During the excluded time the judge shall place the ballot papers, and other documents relating to the election, under his own seal and the seals of such others of the parties as desire to affix their seals, and shall otherwise take precautions for the security of the papers and documents.

110 (1) The judge shall proceed to examine the ballot papers and recount the votes.

(2) In recounting the votes, the judge shall reject every ballot paper that ought to have been rejected by the deputy returning officer in applying the provisions of subsections (2) and (3) of Section 85.

(3) No word or mark written or made, or omitted to be written or made, by the deputy returning officer on a ballot paper affects the vote.

(4) The judge shall take a note of any objection made by a candidate or by his agent to a ballot paper, and shall decide any question arising out of the objection, and the decision of the judge thereon is final.

(5) The judge shall then count the votes given for each candidate upon the ballot papers not rejected, and shall make up a written statement, in words as well as in figures, of the number of votes given for each candidate, and of the number of ballot papers rejected and not counted by him, and the statement shall be made under the several heads following:

  • (a) the names of candidates;
  • (b) number of votes for each candidate;
  • (c) ballot papers lacking initials of deputy returning officer;
  • (d) ballot papers rejected as marked for more candidates than were to be elected;
  • (e) ballot papers rejected as having upon them a writing or mark by which the elector can be identified or as torn, defaced or otherwise dealt with by the elector so that he can thereby be identified; and
  • (f) ballot papers rejected as unmarked or void for uncertainty.

(6) Upon the completion of the recount, or as soon as he has ascertained the result of the voting, the judge shall seal up all the ballot papers in separate packets and shall forthwith certify the result to the City Clerk, who shall thereupon, by notice to be posted in his office, declare elected the candidate having the highest number of votes.

(7) If two or more candidates for the same office have been allowed by the judge the same number of votes, he shall write the names of such candidates separately on blank sheets of paper of equal size and of the same colour and texture, and after folding the same in a uniform manner and so that the names are concealed, deposit them in a receptacle and direct the clerk of the court or some other person to withdraw one of the sheets, and the judge shall declare to be elected the candidate whose name appears on the sheet thus withdrawn.

(8) Subsection (7) does not apply where the candidates having an equal number of votes also had an equal number of votes at the time of the casting up of the votes by the Returning Officer and where one of such candidates has been declared elected under Section 96, but in such case the judge shall declare to be elected the candidate who previously has been declared elected under the provisions of Section 96.

(9) Nothing in this Section prevents or affects any remedy that any person may have had under the Municipal and Town Controverted Elections Act, or by proceedings in the nature of quo warranto or otherwise.

111 (1) All costs, charges and expenses of and incidental to an application for a recount, and to the proceedings consequent thereon, shall be defrayed by the parties to the application in such manner and in such proportion as the judge may determine, regard being had to any costs, charges or expenses that, in the opinion of the judge, have been caused by vexatious conduct, unfounded allegations or unfounded objections on the part either of the applicant or the respondent.

(2) The costs may, if the judge so orders, be taxed in the same manner and according to the same principles as costs are taxed between solicitor and client.

(3) The payment of any costs ordered by the judge to be paid may be enforced by execution, to be issued upon filing the order of the judge and a certificate showing the amount at which the costs were taxed and an affidavit of the non-payment thereof.

(4) If the applicant for a recount is a defeated candidate or his agent, and if as a result of the recount the applicant is declared elected, the judge may order the City to defray all or any part of the cost of the recount.

112 (1) No person shall

  • (a) without due authority supply a ballot paper to any person;
  • (b) fraudulently put into a ballot box any paper other than the ballot paper that he is authorized by law to put in;
  • (c) fraudulently take a ballot paper out of the polling place;
  • (d) without due authority, destroy, take, open or otherwise interfere with any ballot box or packet of ballot papers then in use for the purpose of an election;
  • (e) apply for a ballot paper in the name of some other person, whether such name is that of a person living or dead, or of a fictitious person, or advise or abet, counsel or procure any other person to do so, but this prohibition shall not be construed as including a person who applies for a ballot paper believing that he is the person intended by the name entered on the list of electors in respect of which he so applies; or
  • (f) having voted once and not being entitled to vote again at an election, apply at the same election for a ballot paper in his own name, or vote again or advise or abet, counsel or procure any other person to do so.

(2) No person shall (a) vote, knowing that he has no right to do so; (b) take a false oath; or (c) induce or procure or aid or abet any person to vote or attempt to vote knowing that such person has no right to vote.

(3) No person shall attempt to commit any offence specified in this Section.

(4) A person who contravenes any provision of this Section is guilty of an offence and liable, on summary conviction, if he is the Returning Officer, to imprisonment for a term not exceeding a term of two years, or if he is any other person, to imprisonment for a term not exceeding six months or to a fine of not less than fifty dollars nor more than five hundred dollars or to both fine and imprisonment.

113 If a deputy returning officer

  • (a) takes or receives a vote or causes it to be taken or received contrary to the provisions of subsection (1) of Section 73 or subsection (2) of Section 73;
  • (b) refuses or wilfully omits to sign his initials upon the back of any ballot paper,

he is guilty of an offence and liable, on summary conviction, to a fine not exceeding one hundred dollars.

114 Every Returning Officer, deputy returning officer, or poll clerk who is guilty of any wilful misfeasance or any wilful act or omission in contravention of Sections 68 to 115, inclusive, is guilty of an offence and liable, on summary conviction, in addition to any other penalty to which he may be subject, to a fine not exceeding two hundred dollars.

115 (1) Every officer, clerk and agent in attendance at a polling place shall maintain and aid in maintaining the secrecy of the voting at the polling place.

(2) No officer, clerk, agent or other person shall interfere with, or attempt to interfere with, an elector when the elector is marking his ballot paper, or shall otherwise attempt to obtain at the polling place information as to the candidate or candidates for whom any elector at such polling place is about to vote or has voted.

(3) No candidate, agent or other person shall, in the polling place, canvas or solicit votes or make any communication to an elector otherwise than through the deputy returning officer.

(4) No person shall display in the polling place or distribute or post therein, a specimen ballot paper marked for a candidate or any other material purporting to explain to the electors how to vote, or leave or post the same in the voting compartment other than the material that is required to be posted in accordance with the provisions of this Act.

(5) No officer, clerk, agent or other person shall communicate at any time to any person any information obtained at a polling place as to the candidate or candidates for whom any elector at such polling place is about to vote or has voted.

(6) Every officer, clerk and agent in attendance at the counting of the votes shall maintain and aid in maintaining the secrecy of the voting and shall not communicate or attempt to communicate any information obtained at such counting as to the candidate or candidates for whom any vote is given.

(7) No person shall directly or indirectly induce an elector to display his ballot paper after he has marked the same, so as to make known to any person the name of any candidate or candidates for whom he has or has not marked his ballot paper.

(8) Every person who acts in contravention of this Section is guilty of an offence and liable, on summary conviction, to imprisonment for a term not exceeding six months, or to a fine of not less than fifty dollars nor more than five hundred dollars or to both fine and imprisonment.

116 No person who has voted at an election shall, in any legal proceedings to question the election or returns or otherwise relating thereto, be required to state for whom he has voted.

117 (1) This Section shall apply in the City so long as a by- law establishing the ward system is in force.

(2) Aldermen shall be elected in each ward and shall hold office for such term not exceeding three years, commencing with the date of the first meeting of the Council following the election as the Council may by by-law determine.

(3) Only an elector who is a resident of a ward for which a candidate for alderman is being nominated may sign the nomination of the candidate.

(4) Only a resident of the City may be appointed a deputy returning officer, poll clerk or election official for the City.

(5) The list of electors shall be arranged according to wards, and the name of an elector shall be entered on the list of electors for the ward in which he is resident.

(6) An advance poll for all wards shall be held at one centrally located place, in accordance with Section 83, except that the deputy returning officer in charge of the poll shall maintain separate ballot boxes for each ward of the City, and hospital polls shall be held if authorized in accordance with Section 84.

(7) Except in the case of the advance poll or a hospital poll, every polling place for a ward shall be situated within the boundaries of the ward.

118 (1) When the offices of Mayor or alderman become vacant by death, resignation or for any other reason other than the expiration of term of office, the Council shall forthwith fix a nomination day and the Returning Officer shall hold a special election to fill the vacancies for the unexpired terms thereof, and the special elections shall be held as nearly as possible in the manner provided in this Act for general elections.

(2) Where the offices of all aldermen representing a ward are to be filled at a special or general election the aldermanic candidate in such ward receiving the highest number of votes shall fill the office having the full or longest term open for election and the candidate receiving the second highest number of votes shall fill the other aldermanic office in the ward open for election.

(3) A special election need not take place if the office has become vacant within the six months preceding a general election.

119 The Council, by by-law, in this Section called the “procedure by-law”, shall determine the procedure for taking the votes of the electors on any question to be submitted to electors under the provisions of this Act and save as otherwise provided in the procedure by-law, the procedure and forms applicable to the election of Mayor and aldermen shall mutatis mutandis apply to taking of a vote of electors on any such question.

PART IV

POWERS AND DUTIES OF THE COUNCIL

120 (1) The Council shall act in the exercise of its powers and duties by resolution or by by-law.

(2) The Council may exercise any of its powers and duties by resolution, except where a by-law is required by the provisions of this Act.

(3) The Council may exercise by by-law any of its duties and powers which this Act permits it to exercise by resolution.

(4) Except as otherwise provided in this Act, every resolution or by-law shall be passed by a majority vote of the aldermen present at any duly constituted meeting of the Council.

(5) No by-law shall be subject to amendment by resolution and, where the Council, in exercise of a power, directs that a thing should or should not be done and a fine or penalty is imposed for failure to comply, the power shall be exercised by by- law.

121 (1) The Council may, by by-law, determine the procedure to be followed and the notice to be given with respect to the introduction and passing of by-laws.

(2) Every by-law shall have three distinct and separate readings before it is finally passed and not more than two readings shall be had at one meeting of the Council, unless the members present unanimously agree to give the by-law third reading.

122 (1) Every by-law passed by the Council shall be registered in a special book or register and each by-law, when passed by the Council, shall be signed by the Mayor or person presiding at the meeting at which the by-law is finally passed and by the City Clerk or by the person acting as City Clerk at the meeting.

(2) In the event of the inability, neglect or failure of one or both of the parties mentioned in subsection (1) to sign, the Council, by resolution, in any particular case may authorize such person or persons as it may designate in the resolution to sign the by-law.

(3) The City Clerk shall file at the end of every by-law entered in the by-law book or register, a certified copy of the notice of publication of such by-law.

(4) The by-law book or register shall be maintained by the City Clerk.

(5) The City Clerk shall provide a copy of any by-law amended to date to any person requesting the same, at a reasonable price having regard to the cost of printing.

123 (1) A by-law shall be deemed to have been published when,

  • (a) it has been passed by the Council in the manner provided in this Act;
  • (b) it has been approved by the Minister, when such approval is required; and
  • (c) a notice has been published in a newspaper circulating in the City, stating the object of the by-law, the date of its final passage, the place where it may be read or a copy obtained and, where necessary, that it has received the approval of the Minister.

(2) Except where otherwise provided by law, every by- law of the Council shall come into effect and have the same force of law, if not otherwise provided for herein, at the expiration of fifteen days after the publication thereof.

(3) Every by-law which, by virtue of its own provisions or those of this Act, does not come into force until a subsequent date, shall be published at least fifteen days before such date.

(4) When any by-law, which has been duly passed and sent to the Minister for approval, is returned with any suggested amendments, the Council may by resolution adopt such amendments, and such by-law shall then without further resolution be in force and effect and a copy of the resolution shall be forwarded to the Minister.

124 Every by-law shall be executory and remain in force until amended, repealed, disallowed or annulled by competent authority or until the expiration of the period for which it has been made.

125 (1) A copy of any by-law or section of a by-law or of a resolution of Council written or printed, without erasure or interlineation and under the seal of the City, certified to be a true copy by the City Clerk, shall be taken to be authentic and shall be received in evidence as prima facie proof of its passing, of its having received all necessary approvals, of its being in force, and of the contents thereof without any further proof in any court, unless it is specially pleaded or alleged that the seal or signature of the City Clerk has been forged.

(2) The City Clerk shall deliver the copy so certified, upon payment of such reasonable fee, not exceeding twenty-five cents for every hundred words, as may be fixed by the Council but in no case exceeding ten dollars for any by-law including amendments.

(3) When a copy of a by-law or Section of a by-law or of a resolution of Council so certified has been filed with a magistrate, it shall, for the purposes of all prosecutions before him for violation thereof, be deemed to be a public record and may be used and acted upon in the same manner as an Act of the Legislature.

126 Printed documents certified by the City Clerk purporting to be printed copies of any or all by-laws passed by the Council and purporting to be printed by the authority thereof, shall be admitted in evidence in all courts in the Province as prima facie proof of such by-laws and of the due passing thereof.

127 (1) Where by this or any other Act the approval of any member of the Executive Council is required to a by-law and the Act does not otherwise provide, a certificate by the City Clerk, under his hand and the seal of the City, specifying the by-law and stating by his name of office the minister by whom it has been approved and the date of such approval, shall be prima facie evidence that the by-law has been so approved.

(2) Where such approval is given by a deputy minister, the certificate shall state that fact and shall be prima facie evidence thereof.

128 When the Council has authority to direct by by-law that any matter or thing be done by any person, the Council may also, by the same or another by-law, direct that in default of its being done by the person the matter or thing shall be done at the expense of the person in default, and the City may recover the expenses thereof with costs by action in any court of competent jurisdiction.

129 (1) The Council may repeal or amend any by-law, but where the by-law has received the assent of the electors the repeal or amendment shall be similarly assented to.

(2) Notwithstanding subsection (1), a by-law that has received the assent of the electors may be amended without reference to the electors if the amendment does not materially affect the by-law in principle or in substance.

(3) No by-law relating to the procedure of the Council when in session shall be repealed, amended or suspended, except so far as the terms themselves permit, unless it is repealed, amended or suspended

  • (a) by by-law unanimously passed at a regular or special meeting of the Council at which all the members thereof are present; or
  • (b) by by-law passed at a regular meeting of the Council in pursuance of a notice in writing given and openly announced at the next preceding regular meeting of the Council and setting forth the terms or substantial effect of the proposed by-law.

130 (1) The Council may by any by-law

  • (a) impose a minimum penalty not exceeding fifty dollars and a maximum penalty not exceeding five hundred dollars, exclusive of costs for breach of any provision of any by-law and provide for reasonable punishment by imprisonment in the nearest common gaol, for any period not exceeding sixty days, in case of non-payment of the fine and costs imposed for any such breach and unless the fine and costs, including the costs of committal, are sooner paid;
  • (b) provide that where the conviction is for the non- payment of any licence fee payable to the City under the provisions of any by-law the magistrate or judge may adjudge payment thereof in addition to the penalty;
  • (c) enact that, where any person is convicted of an offence relating to any provision of any by-law of the City with respect to the use of a bicycle within the City, the magistrate or justice, in addition to any penalty imposed in respect of any such offence, order and direct the impounding by the police of the bicycle concerned in the commission of the offence for a period of time not exceeding sixty days;
  • (d) enact that if, by reason of the breach or non- observance by any person of any provision of any law or by-law relating to traffic, any expense has been incurred by the City for or in connection with the moving or storage of a vehicle or obstruction moved from a highway, public place, civic or private parking lot or private property, the amount of the expense so incurred shall be added to the amount of any fine or penalty imposed in respect of such breach or non-observance or added to the amount fixed in lieu of prosecution pursuant to the provisions of clause (e), and that the person concerned shall be required to pay the amount of such expense in addition to the fine, penalty or amount so fixed as aforesaid, as the case may be; and
  • (e) enact the procedure for the payment to the City Treasurer or other person designated by the Council of an amount fixed by by-law, being an amount which may be accepted by the City in lieu of proceeding by way of prosecution for breach of any provision or provisions of any by-law of the City designated by the Council.

(2) The Council may enact a general penalty by-law for a breach of a provision of any by-law or of any number of specified by-laws, and may impose a fine and costs and imprisonment in the case of non-payment of the fine and costs as set out in clause (a) of subsection (1) and of the payment in addition to the penalty as set out in clause (b) of subsection (1).

(3) Every by-law enacted by the Council under the provisions of this Act may define the terms used in such by-law.

131 The acts done by a quorum of the Council or other administrative body under the jurisdiction of the Council shall not be held to be invalid by reason of the fact that the Council or such administrative body is not, at the time, composed of the required number of members.

132 The Council may pass such by-laws as may be deemed expedient and are not contrary to this Act, or to any other law,

  • (a) for the peace, order and good government of the City; and
  • (b) for promoting the health, safety, morality and welfare of the inhabitants thereof; and
  • (c) for governing the proceedings of the Council, the conduct of its members and the calling of meetings; and
  • (d) for the establishment of boards, commissions, administrative departments and agencies for the carrying out of its powers and duties; and
  • (e) for the assignment of administrative responsibilities to the officers and employees of the City.

133 The Council, in addition to the powers specifically allotted to it, has the power to do all such things as are incidental or conducive to the exercise of the allotted powers.

134 The Council may, by by-law or resolution, authorize and provide for

  • (a) establishing, laying out, opening, maintaining and improving streets, and for determining the widths and boundaries of streets;
  • (b) closing to public use any street or part thereof, and for disposing of any street or part thereof, so closed;
  • (c) widening, altering or diverting a street or part thereof;
  • (d) prohibition and removal of any unauthorized encroachment or obstruction under, upon or over a street, or any part thereof;
  • (e) establishing a grade or level for any street or any part thereof;
  • (f) establishing and maintaining survey monuments and bench marks;
  • (g) regulating the means of access to and from the street of any parcel abutting thereon, and providing for the use of so much of the street as may be designated for the purpose of such access;
  • (h) regulating encroachments for a stipulated length of time upon, under or over a street;
  • (i) requiring the owner and occupier of any real property to remove snow and ice from the roof or other part of any structure thereon;
  • (j) requiring the owner and occupier of any real property in such areas as may be designated to remove the snow and ice from so much of any sidewalk as such real property abuts upon, or is opposite to, on the same side of the street;
  • (k) prohibiting persons from depositing upon a street any rubbish, sweepings, paper, handbills, refuse, or other discarded materials or things;
  • (1) regulating the planting and care of shade or ornamental trees upon a street and prohibiting the injury or destruction of such trees;
  • (m) causing any tree upon a street to be trimmed or removed when deemed necessary in the public interest;
  • (n) prohibiting any person from obstructing or impeding the flow of any stream, creek, water course, drain or sewer;
  • (0) the use of maps of real property, approved by a registered professional engineer engaged by the City, in a by- law in place of, or in addition to, a detailed description of such property;
  • (p) regulating and controlling the cutting down of trees, movement of topsoil, movement of gravel, movement of earth, alteration of grade of land and blasting of rock;
  • (q) protecting lakes and lakeshores from pollution, and any by-law made with respect to the same shall apply to Her Majesty the Queen in the right of the Province if it has been approved by the Minister after consultation with the Minister of Highways;
  • (r) regulating and controlling the construction, erection, fencing, repair or demolition of private swimming pools within the City and prescribing, regulating and enforcing the use of safety measures in connection with such pools;
  • (s) regulating, controlling and prohibiting the dumping upon or filling in by any means or with any substance whatever of land covered by water as a result of damming or natural causes and providing for the granting of permits in addition to any permit or approval required under the Water Act for such dumping or filling upon such terms and conditions and for such fees as may be prescribed in the by-law and requiring the filing with the City of such information and particulars relating to the method and materials to be used in the dumping or filling operation and the purpose of the dumping or filling as may be prescribed and providing for the removal of the substance dumped or used as fill in contravention of any by-law made hereunder at the expense of the person authorizing the same to be done;
  • (t) regulating, controlling and prohibiting development of any kind whatever in or upon swampland, marshland or bogland as defined and specified in the by-law to be vital to the maintenance of high water quality of lakes within the City so long as no development shall be approved that contravenes any of the provisions of the Environmental Protection Act or the Water Act.

135 The Council may by by-law or resolution authorize and provide for

  • (a) the construction and maintenance of lanes, bridges, sidewalks, culverts, squares or other public places;
  • (b) the purchasing, housing, and maintaining of all such machinery and equipment as may be determined necessary for the construction and maintenance of public works undertaken by the City.

136 The head of the works department shall be a person eligible to be a member of the Association of Professional Engineers of Nova Scotia.

137 (1) Every street in the City shall be under the direction, management and control of the Council for the public use of the City.

(2) The title to every street which is vested in the City at the time when this Act comes into force, shall continue to be vested in the City.

(3) The Council may accept a street not less than fifty feet wide subject to compliance with such other conditions as to width, grade, construction and other matters as the Council may, from time to time determine by by-law and upon such acceptance the title to such street shall vest in the City.

(4) The Council may accept a street less than fifty feet wide and without compliance with conditions as to work, grade and construction as the Council may from time to time have determined by by-law where the Council is satisfied that the street has been used as a public right-of-way for motor vehicles for a period of more than ten years and upon such acceptance the title to such street shall vest in the City.

(5) The Council may authorize and provide for joining with the Province or with the Government of Canada, or with another municipality in the construction and maintenance of streets and other public works which are located on lands vested in the Crown or on lands which are in the City or in another municipality or partly in the City and partly in another municipality.

138 (1) A grant or conveyance hereafter made to the City purporting to give to the City the right to use land for specific purposes is deemed to convey an interest in land to the City for the purposes stated in the instrument, and the right to use the land in accordance with the terms of the grant or conveyance and all the conditions and covenants expressed therein are binding upon and ensure to the benefit of the City, its successors and assigns and the grantor, his heirs, successors and assigns.

(2) All grants or conveyances heretofore made to the Town of Dartmouth or to the City purporting to give to the Town or to the City the right to use land for specific purpose are deemed to have conveyed to the Town or to the City an interest in land for the purposes stated in the instrument, and the right to use the land in accordance with the terms of the grant or conveyance and all the conditions and covenant expressed therein are binding upon and ensure to the benefit of the City, its successors and assigns and the grantor, his heirs, successors and assigns.

139 (1) The Council may hold, convey, lease, exchange or otherwise dispose of land acquired by the City or any estate or interest in such land in any manner that the Council deems advisable or expedient.

(2) The Council has no power

  • (a) to dispose of land acquired or used for a public park, public recreation grounds, playground, school site or exhibition grounds;
  • (b) to sell to any person lands at any price less than the fair actual value thereof at the time of sale or to exchange City owned lands for other lands of less fair actual value;
  • (c) to rent or lease to any person land or buildings or any portion thereof at a rent less than the fair rental value thereof, except where the leasing is to a school, welfare organization, community service club or other organization and, in the opinion of the Council, the school, welfare organization, service club or organization is carrying on activities beneficial to the City; or
  • (d) to dispose of or to devote to any other purpose lands that have been dedicated to the City by gift for a specific purpose when such lands have been accepted by the City for that specific purpose,
  • (e) publication once a week for two successive weeks in a newspaper circulating in the City of a notice of intention to take such action and of the date of public hearing by the Council at which the proposed action may be debated; and
  • (f) if a petition for a vote on the proposed action signed by two per cent or five hundred, whichever is the lesser, of the electors whose names appear on the last revised list of electors of the City is filed with the City Clerk before the expiration of ten days after the date of the public hearing, the submission of the proposed action to a vote of the electors and the assent of a majority of the electors voting thereon.

(3) The Council may delegate the power to sell and convey land at the Dartmouth Industrial Park at a price per square foot set by the Council.

140 (1) The Council may

  • (a) authorize the erection of municipal buildings, convention and memorial hall, weight houses, markets, and all such other buildings as may be required by the City for any purpose within its powers and the expropriation of lands therefor;
  • (b) authorize the acquisition or erection of buildings either separately or in conjunction with other structures, which may be required or erected for the purpose of conducting any business which the City is authorized to provide, or for any other purpose within the powers of the City for which the buildings may be required, and the acquisition of a site for such buildings or any of them;
  • (c) authorize the purchasing or leasing and working of any quarry, gravel or sandpit wherever situated, for the purpose of the City;
  • (d) acquire such lands either within or outside the City as the Council deems expedient;
  • (e) authorize the purchasing, maintaining and controlling of cemeteries and crematoria within or outside the City and preventing or regulating the burial and cremation of the dead within the City;
  • (f) lease, purchase or otherwise acquire any building or land which it decides to use in any way for the purpose of providing public rest and reading rooms or other public accommodation;
  • (g) provide for the establishment of public rest and reading rooms or other public accommodation and make rules and regulations for the conduct and maintenance of same;
  • (h) authorize the construction of any school within the City as the Council deems expedient.

(2) Upon acquiring property for the purpose of providing public accommodation, the Council may furnish the premises so acquired, provide for the management of the premises, and do all other acts and things deemed necessary or advisable to have the premises conducted and managed successfully and economically as a place of public accommodation.

141 The Council may acquire real property for the purpose of providing sites for commercial, industrial or institutional development and for that purpose may

  • (a) demolish any building situate thereon; (b) subdivide or resubdivide the said property;
  • (c) provide such services, including roads, water and sewers as may be deemed necessary and beneficial;
  • (d) construct such buildings or other improvements on the said property as in the opinion of the Council may be deemed advantageous;
  • (e) hold, lease, sell or otherwise dispose of such property.

142 The Council may acquire real property and, by removing or remodelling the buildings thereon, or by constructing dwellings thereon, develop such real property for the purpose of providing housing accommodation for such persons and on such terms as the Council may deem fit, and may maintain, improve, manage and operate such ‘housing accommodation, and may assign to a board or commission or an officer appointed by the Council all or any of the powers of the Council under this Section.

143 The Council may, by by-law

  • (a) undertake, carry to completion, maintain and operate housing schemes, land assembly schemes, redevelopment schemes, housing redevelopment schemes and Federal-Provincial projects or projects of either or both according to any method or plan approved or authorized under the terms of the National Housing Act (Canada), and act as a lending institution as defined in the said Act with all the powers, rights and duties ‘and remedies necessary or incidental thereto;
  • (b) undertake, carry to completion, maintain and operate low-rental housing projects according to any method or plan approved or authorized under the terms of the National Housing Act (Canada), and provide for the incorporation of limited-dividend housing companies for any such purpose;
  • (c) undertake, carry to completion, maintain and operate housing schemes and redevelopment schemes in any case where by any Act of the Parliament of Canada or any statute of the Province provision is made for assistance to municipalities in the undertaking of such schemes and enter into such agreements with the Government of Canada, Central Housing and Mortgage Corporation or the Province or with any other agency as may be required by the terms of any such Act or statute in relation to any such scheme;
  • (d) do any act or thing that may be required to be done in order to obtain for the City any benefits or advantages that by the terms of any Act of the Parliament of Canada or any statute of the Province are rendered available to municipalities as a means of assistance in formulating, completing and operating housing schemes, redevelopment schemes and similar projects; and
  • (e) undertake, maintain and operate municipal housing schemes upon such terms, conditions, rules and regulations as the Council may by by-law determine.

144 The Council, by by-law, may name or number streets and change the names and numbers of any of the streets now existing or hereafter laid out within the City.

145 The Council may make by-laws to

  • (a) prohibit the posting or exhibition of placards, playbills, posters, writing or pictures or the writing of words, or the making of pictures or drawings which are indecent or may tend to corrupt or demoralize, on any wall or fence or elsewhere on or adjacent to a highway or public place;
  • (b) prohibit and regulate throughout the City or in any specified part thereof, the erection, appearance, location, dimensions and use of billboards, signboards, neon and illuminated signs, or other advertising devices of any kind, whether the notices be printed or otherwise displayed, and
    • (i) require a permit from the Council or a City official designated for that purpose as a condition of erecting any billboard, signboard, sign, or other advertising device,
    • (ii) impose an annual license fee in respect of each billboard, signboard, sign, or other advertising device,
    • (iii) authorize the removal and destruction of billboards, signboards, signs or other advertising devices erected or maintained without such permit or license,
    • (iv) require the licensee to pay all or part of the cost of a bond of indemnity indemnifying the City and all concerned against claims, demands, actions, proceedings and costs for loss, damage or injury to persons or property arising by reason of the erection, maintenance, use or existence of any such billboard, signboard, sign or other advertising device;
  • (c) regulate and license billposters and prevent the pulling down and defacing of billboards and signboards and printed or other notices lawfully affixed thereto and preventing the defacing of private or other property by printed or other notices;
  • (d) prohibit or control and regulate the use of loudspeakers or other devices for the amplification of sound in any street or other public place in or in any buildings or premises.

146 The Council may, by by-law, require approval from the Council as a condition for erecting, constructing or operating a service station and such by-law may prescribe the procedure for application for such approval.

147 The Council may make by-laws to

  • (a) prescribe the requirements to which every building, whether now existing or hereafter constructed, altered or repaired, shall conform and may therein prescribe various standards for various types of buildings and for various locations thereof;
  • (b) regulate housing accommodation in and the use of any building now or hereafter erected in the City for human habitation, and
    • (i) make variations respecting different classes of buildings as defined therein,
    • (ii) prescribe standards of sanitation in such buildings,
    • (iii) require permits to be obtained from such board, person or source as may be defined therein, permitting the use of any building for human habitation, and provide for the cancellation of such permits for such cause as may be set out in such by-law,
    • (iv) provide standards regulating the density of population in any dwelling,
    • (v) prescribe methods of enforcing compliance with the provisions of such by-law,
    • (vi) provide for the cancellation and abatement of rent for property in regard to which a conviction has been entered for breach of the provisions of such by-law, the cancellation and abatement to be for the period following the conviction during which the defect giving rise to the conviction has not been remedied.

148 The Council may, by by-law, make regulations for the discipline, control, efficiency and government of the members of the police force and other persons under their jurisdiction, and each member of the police force, and all such other persons, shall obey the lawful directions and be subject to the control, discipline and government of the designated head of the police force.

149 (1) Every policeman shall be charged with the special duties of preserving the peace, preventing crime, apprehending offenders and enforcing the by-laws of the City and shall have all the powers and privileges and be liable for all the duties and responsibilities which belong by law to police constables.

(2) All members of the police force shall be provincial constables and shall have powers and privileges of a constable throughout the Province.

150 (1) The Council or such person as may be designated by it shall from time to time appoint special constables to assist the police force upon such terms and for such periods not exceeding twelve months as the Council may provide.

(2) The Chief Administrative Officer may terminate the appointment of any special constable at any time.

151 The Council may make by-laws for

  • (a) prohibiting or regulating the sale by retail and the possession or use of airrifles, fireballs, squibs, sparklers, crackers or fireworks;
  • (b) regulating or prohibiting the firing of guns or other firearms;
  • (c) regulating or prohibiting walking or being in or upon the public streets, parks, playgrounds or docks or other public grounds, public places and public buildings, places of amusement and entertainment, vacant lots or other unsupervised places in the City after such hour as is prescribed in the by-law of persons under the age of sixteen years and prescribing conditions under which any such persons may be in or upon such places after the prescribed hour, and such by- law may impose upon the father, mother, guardian or guardians or the person having the custody or control of such person, the obligation and duty of preventing such person from walking or being in or upon such place in contravention of such by-law, and such by-law may prescribe the penalties to be imposed upon such person or upon the father, mother, guardian or guardians and person or persons having the custody or control of such person for breach of such by-law;
  • (d) prohibiting or controlling the driving of machines and motor vehicles on ice on lakes;
  • (e) regulating, controlling or prohibiting the use of lakes by swimmers, canoeists, power boat operators and all persons on or in the lakes;
  • (f) regulating the use of shores of the lakes by swimmers, canoeists, power boat operators and all persons on or in the lakes;
  • (g) regulating, controlling and prohibiting the use and operation of snowmobiles in the City.

152 The Council may make by-laws

  • (a) prohibiting and compelling the abatement of nuisances generally and regulating and prohibiting untidy and unsightly premises;
  • (b) defining what constitutes a nuisance and providing for abatement of the same, and imposing fines upon persons who may create, continue or suffer nuisances to exist;
  • (c) providing for a procedure whereby a complaint of a nuisance may be received by the Council and a notice of hearing given to the assessed owner or tenant or occupant of the real property from which the nuisance complained of is said to emanate and after a hearing and a determination by the Council that there is a nuisance provide for an order to be issued to the person upon whom the notice was served ordering that the nuisance be abated and making it an offence to fail to comply with the order, and an order shall not be made by the Council against the assessed owner or tenant or occupant of real property unless the abatement of the nuisance can be carried out by that person within their legal authority;
  • (d) providing that where any building, structure, or erection of any kind whatsoever, or any excavation, depression, drain, ditch, watercourse, pond, surface water, refuse, or other matter or thing in or upon any private lands, street or road, or in or about any building or structure has been reported by a City inspector as being a nuisance and dangerous to the public safety and health, the Council, at its discretion may declare by resolution that the same is a nuisance and direct that it be removed, pulled down, filled up, abated or otherwise dealt with by the owner, agent, lessee or occupier;
  • (e) providing for the eradication of dandelions and noxious weeds or plants and the cutting of grass on public or private property;
  • (f) providing for the removal of any tree, whether on private or public property or otherwise, the roots of which interfere with any sewer or other public facility;
  • (g) providing for the protection of all elm trees situate anywhere within the City, and the by-law may provide that the City may enter upon any lands within the City to examine any elm tree and if it appears that such tree is infected with Dutch Elm Disease, the City, its agents or servants, may treat, prune or remove such tree and may charge all or part of the costs to the assessed owner of the lands on which such tree or trees is situate;
  • (h) regulating and controlling the emission and discharge of smoke and dust, the constituent parts thereof and the pollution of air therefrom within the City and providing standards governing such emission and discharge, and prohibiting the emission or discharge of smoke and dust and their constituent parts when the same is in excess of such standards or when the same constitutes a nuisance and requiring the installation of dust-separating equipment, smoke indicators and smoke recorders, as defined in such by- law and regulating and controlling the installation of equipment, which may emit or discharge smoke or dust as defined in such by-law, and providing for the granting of permits for such installations, upon such terms and conditions and for such fees as may be prescribed in the by-law and providing for the filing with the City of such information and particulars relating to such equipment as may be prescribed;
  • (i) regulating and controlling nuisances resulting from the emission and discharge of smoke and dust, providing that owners, occupants, managers and persons in possession of property be required to permit the making of tests for the purpose of reducing the emission and discharge of smoke and dust from equipment on such property and requiring persons selling equipment which may emit or discharge smoke or dust to submit to officials designated in such by-law, reports, specifications and other information respecting such equipment and granting to such designated officials the right to enter any premises in the proper exercises of their duties;
  • (j) requiring every owner of property fronting on any street in which there is a public sewer to construct a sewer from the buildings on the property to the public sewer in such manner as is laid down by the by-laws and regulations of the City, except when the Council is satisfied that existing provisions for drainage are adequate;
  • (k) providing that where the Council has directed the owner of property to construct a sewer from the buildings on the property to a public sewer, the Council may also direct that, in default of such construction being done by that owner, such construction shall be done at the expense of the person in default, and the City may recover the expense thereof as certified by the City Engineer, with interest which shall not exceed fifteen per centum per annum, in like manner as municipal taxes;
  • (l) providing that if any person violates the provisions of any by-law made by authority of this Section, the Council may by resolution order that the Chief Administrative Officer shall have the work done and the cost of the work as certified by the Chief Administrative Officer shall be a debt owing to the City;
  • (m) regulating the use of and establishing standards for the installation, operation and maintenance of incinerators in buildings and requiring that a license therefor be obtained from the City and authorizing the Fire Chief to enter on lands or into buildings for the purpose of rendering inoperable unlicensed incinerators;
  • (n) providing that the Building Inspector may, at any reasonable time, enter any lands, buildings or premises to inspect for conditions that may constitute a nuisance or contravene or fail to comply with any by-law passed under this Act;
  • (o) regulating or prohibiting noise or disturbance caused by means of the operation of a motor vehicle not on a public highway;
  • (p) providing for the removal and disposal of any motor vehicle body by or on behalf of the owner of land on which the motor vehicle body has been left, abandoned, discarded or otherwise disposed of without the consent of the owner of the land for longer than twenty-four hours, at the expense of the last registered owner of the motor vehicle as disclosed on the records of the Registry of Motor Vehicles;
  • (q) regulating and controlling the use by any person of City owned land, other than public rights of way, and prohibiting any person from trespassing upon City owned land, other than public rights of way, specified in the by-law.

153 The Council may make by-laws providing for

  • (a) the seizure, impounding and detention of unlicensed dogs, and of dogs, horses, cattle and other animals unlawfully permitted to be upon a street or at large;
  • (b) reasonable charges to be imposed by the City for their seizure, impounding and detention, and their maintenance while impounded;
  • (c) their sale and destruction in cases where such charges are not paid or where, under the terms of the by-law, such sale or destruction is prescribed;
  • (d) establishing and maintaining such buildings, yards, enclosures and other facilities for the keeping and disposition of impounded animals as may be necessary;
  • (e) the appointment of a pound keeper and any necessary assistants;
  • (f) requiring that owners, possessors, harbourers of dogs, or any class of dogs, shall keep them effectively muzzled while they are at large on upon a street, or shall keep them on leash, or under the control of a competent person while upon a street, as the by-law may direct;
  • (g) regulating the keeping of horses, dogs, cows, goats, swine, rabbits and other animals and for defining areas within which such animals may be kept or within which the keeping of them is prohibited;
  • (h) regulating kennels or other places for the care, breeding, hospitalization or boarding of cats, dogs or other animals, including mink, foxes and other undomesticated animals, and for defining areas within which such kennels or places shall be permitted or within which they are prohibited;
  • (i) regulating the keeping of domestic poultry, pigeons and other birds and defining the areas in which such birds may be kept or within which the keeping of them is prohibited;
  • (j) regulating or prohibiting any person from owning, possessing or harbouring any dog which is fierce or dangerous, or which has at any time, without provocation, attacked or injured any person or property or which persistently disturbs the quiet of any neighborhood in the City by barking, howling, or by any other means;
  • (k) regulating and controlling dogs and cats in all respects not herein specifically mentioned and providing for the imposition of a fine or imprisonment on the person who owns, possesses or harbours a dog or cat and the impounding, destruction or removal from the City of any dog or cat.

154 The Council may appoint an officer who shall have power to cause all necessary inspections to be made in order to ascertain whether the provisions of any statute, regulation or by- law with respect to public health or sanitation are being carried out in the City.

155 It shall be the duty of the owner and occupier of any real property in the City to give to an officer appointed under Section 154 and to any member of the staff, authorized by him for that purpose, such access at any reasonable time to such real property and every part thereof, and such information with respect thereto as may reasonably be required to enable any necessary inspection to be made.

156 The Council may make by-laws

  • (a) establishing and maintaining, either within or without the City, hospitals and nursing homes;
  • (b) establishing and maintaining, either within or without the City, homes for aged, infirm or disabled persons;
  • (c) establishing and operating an ambulance service.

157 The Council may make by-laws

  • (a) authorizing the establishing, purchasing or otherwise obtaining, controlling, improving, maintaining or extending parks, athletic or exhibition grounds or buildings or other properties for the use of the City, either within or without the limits of the City;
  • (b) governing the leasing of the land dedicated for public parks or for athletic or exhibition grounds or buildings, to any association organized for the purpose of fostering an interest in athletics or exhibitions;
  • (c) providing for a charge for admission to public parks, athletic or exhibition grounds or buildings, whether or not so leased.

158 The Council may make by-laws providing for programs of recreation in all its forms, for the benefit of the residents of the City.

159 Without restricting the generality of Section 157 the Council may also make by-laws

  • (a) accepting and taking charge of landed property within or outside the City dedicated for public park, garden or walk for the use of the residents of the City;
  • (b) establishing and maintaining swimming pools or granting aid towards the establishment and maintenance of swimming pools;
  • (c) establishing and maintaining or granting money to aid in the construction of public bathing houses;
  • (d) acquiring or erecting and operating municipal skating rinks or making grants in aid of the erection or of the maintenance of operation of skating rinks or both;
  • (e) acquiring, maintaining and operating municipal golf courses;
  • (f) making grants in aid of playground associations.

160 (1) The Council may make a by-law creating a Commission to regulate and control boxing and wrestling in the City.

(2) The by-law shall establish the composition of the Commission, the tenure of office of members, the rules and procedures to be followed by the Commission and may authorize the employment of staff by the Commission.

(3) The by-law may delegate to the Commission power to make regulations concerning the conducting of any boxing or wrestling contest or exhibition held in the City, the duties of the officers and employees of the Commission and any matter conducive to the fair and efficient operation of the Commission or the fulfilment of its objective.

(4) The by-law may delegate to the Commission power to charge fees to any person, club, corporation or association conducting or holding a boxing or wrestling contest or exhibition in the City and may authorize the Commission to license promoters or wrestling in the City.

(5) The budget of the Commission shall be subject to the approval of the Council and may provide that any surplus funds held by the Commission shall be turned over to the City.

(6) The by-law may delegate to the Commission power to set conditions for licensing of boxing or wrestling and the promoters thereof.

(7) The by-law may provide that anyone who does not comply with or who violates the regulations of the Commission shall be guilty of an offence.

(8) The by-law may provide for the auditing of the accounts of the Commission and may require the Commission to report to the Council from time to time and to provide any information requested by the Council in regard to the operation of the Commission.

(9) Where there is a conflict between the provisions of the by-law or regulations made thereunder and the provisions of the Boxing Authority Act or regulations made thereunder the provisions of the Boxing Authority Act and regulations made thereunder shall prevail.

161 The Council may make by-laws

  • (a) to aid the establishment or maintenance of bands of music;
  • (b) to make grants in aid of the erection, preservation, enlargement, improvement or maintenance of libraries, art galeries or art schools and for the purchase therefor of books and objects of art or historical value;
  • (c) to establish and maintain public museums and zoos.

162 (1) The Council may, by by-law, adopt an armorial achievement of such design as it may determine and regulate and control the use of all or any part thereof.

(2) The Council may, by by-law, adopt a flag of such design as it may determine and regulate and control the use of such flag.

163 Subject to the provisions of the Public Utilities Act, the City may undertake to provide within and outside the City, transportation, light, power, natural and artificial gas and water and may

  • (a) construct, build, purchase, lease, improve, extend, hold, maintain, control, operate and conduct any public utilities and all buildings, materials, machinery, plant, equipment and appurtenances necessary in connection therewith;
  • (b) enter into contracts with any person or corporation undertaking to provide any services;
  • (c) purchase or lease any works constructed for the supply of any services within or in the neighbourhood of the City and being the property of any person or corporation, and under the provisions of this Act may improve or extend such works as a public utility;
  • (d) provide for the general management and conduct of any public utility constructed or maintained and of the officers and employees thereof.

164 Subject to the provisions of any laws and of regulations of the Government of Canada and the Province, the City may by itself or in co-operation with others undertake to provide, maintain and operate or assist in providing, maintaining and operating an airport within or outside the City.

165 The Council may make by-laws for all or any of the following purposes:

  • (a) preventing interference with the efforts of persons engaged in the extinguishing of fires or preventing the spreading of fire, by regulating the conduct of the public at or in the vicinity of any fire;
  • (b) regulating the storage, transportation and use of inflammable liquids, explosives or other highly inflammable, dangerous or hazardous materials and prohibiting the storage, transportation or use thereof, except by permit authorized by resolution of the Council, and subject to such conditions as are prescribed by by-law;
  • (c) providing that any member of the fire department authorized by the head of the department may, at any reasonable time, enter any building or premises, public or private, for the purpose of inspecting the same;
  • (d) adopting and constituting as regulations, in whole or in part, with or without amendment or modification, either in place of or in addition to any regulation made under this or any other Section,
    • (i) the Municipal Fire Department Code, (ii) the Municipal Fire Code,
    • (iii) the National Fire Code of Canada issued by the Associate Committee on National Fire Codes, National Research Council,
    • (iv) the National Fire Codes, published by the National Fire Protection Association,
    • (v) the Canadian Electrical Code;
  • (e) providing for access to fire fighting facilities, equipment and hydrants on private property by authorized personnel of the City;
  • (f) regulating, controlling and prohibiting unauthorized use of or interference with privately or publicly owned fire fighting facilities, equipment and fire hydrants.

166 The Council may make by-laws providing pensions for one or more officers or employees or any class thereof or one or more former employees of the Town of Dartmouth, the City or the Dartmouth Ferry Commission, in such manner as the Council may determine whether by payments from the current revenues of the City or by arrangement with Her Majesty pursuant to the Government Annuities Act (Canada) or by contract with an insurer authorized to do business in the Province or by contract or arrangement with the Province or otherwise, and in any such by- law the Council shall have power to

  • (a) define who shall be an employee within the meaning of the by-law, provided that “employee” shall not include school teacher;
  • (b) provide that the by-law may include any or all employees of the Board of School Commissioners for the City or any other Board, commission, committee, body or local authority established or exercising any power or authority under any general or special Act with respect to any of the affairs or purposes of the City;
  • (c) deduct or provide for the deduction by instalments from the salary, wages or other remuneration of every employee to whom the by-law was applicable the amount which the employee is by the by-law required to contribute;
  • (d) provide for payments or contributions to be made by the City, board, commission, body or local authority, as the case may be, and payments or contributions made by the City pursuant to a by-law made under this Section shall be deemed to be amounts required for the ordinary lawful purposes of the City, board, commission, body or local authority, as the case may be.

167 (1) The Council may authorize and provide for the expenditure of money for

  • (a) the reception, entertainment or other suitable recognition of guests, persons or groups or associations of importance whom the Council deems worthy thereof:
  • (b) the celebration of any anniversary or patriotic event deemed by the Council to be desirable;
  • (c) the payment of members of the Council, officers and employees of the City in connection with expenses incurred by them in attending, upon instructions of the Council, any convention or meeting, wherever held, or attending at any place outside the City, upon the business of the City;
  • (d) the payment of rewards offered by the Council to any person who furnishes information resulting in the conviction of any person guilty of an offence against any statute of Canada or the Province or any by-law of the City;
  • (e) the aiding in the training and equipment of persons organized to deal with extraordinary emergencies arising out of actual or threatened war, civil disturbance, pestilence, general conflagration, earthquake or other major disaster;
  • (f) the training or education of officers or employees of the City through courses of instruction given by the City or any institution of learning, for the purpose of improving the knowledge and technical or administrative skill of the officers or employees of the City;
  • (g) the production of a periodical or other publication containing such information as shall be deemed by the Council to be of advantage to the City.

(2) The Council may annually, by resolution, authorize and provide for the expenditure of money, not to exceed one-tenth of one per centum of the current total assessed value of all taxable real property in the City for

  • (a) the payment of grants to any charitable, nursing, medical, athletic, educational, cultural or social organization within the Province;
  • (b) the payment of fees or grants to any association of municipalities;
  • (c) the granting of aid to sufferers from fire, tempest or other calamity in any locality in Canada.

168 The Council may undertake the promotion of development of the City and may establish an administrative department or agency and appoint an officer head of such department or agency to

  • (a) assemble and make available statistics and information relative to industrial and tourist promotion;
  • (b) bring the advantages of the City as a location for industry to the notice of manufacturers and others;
  • (c) publicize the facilities and amenities of the City as a place of residence or a place to visit;
  • (d) undertake such other related activities as the Council may deem advisable.

169 The Council may, by by-law, authorize and provide for the taking of an annual census of the City.

170 The Council may, by by-law, establish any board, commission, association or other administrative body deemed desirable for the purpose of managing and operating or advising in the management and operation of any service work, or facility, industrial park, industrial development, industrial promotion, tourist promotion, and any function which the City is authorized to undertake, or for the administration and enforcement of the regulations contained in any by-law which the City is empowered to adopt, subject to the following provisions:

  • (a) that there shall not be delegated to any such board, commission, association or other administrative body so established the right to appropriate or expend any public moneys other than such moneys as are duly voted by the Council;
  • (b) that the constitution, duties and functions, the number of members thereof and their term of office and remuneration, if any, of members of any board, commission, association or other administrative body, and all necessary provisions with respect to administration shall be prescribed in the by-law or by-laws establishing it.

171 Any member appointed by the Council to any board or commission constituted hereunder or by special Act, who has failed to attend three consecutive meetings of such board or commission, of which notice has been given to him without having been excused from attending such meetings by a resolution of such board or commission entered in its minutes prior to the close of the third of such meetings shall thereby forthwith vacate his seat as a member of such board or commission and shall be deemed to have resigned therefrom and the remaining members of such board or commission shall, at the next meeting thereof, declare the seat of such person to be vacated and the secretary thereof shall forthwith notify the Council in writing and the Council shall fill the vacancy so created.

COMMUNITY PLANNING

172 (1) The Council may make by-laws

  • (a) providing for the approval by the Council of development schemes which conform to the Official Plan of the City and which cover an area owned by the applicant of not less than ten acres;
  • (b) providing for the approval by the Council of development schemes which cover not less than ten acres for the purpose of making such schemes a part of the Official Plan of the City;
  • (c) providing for the planning control of areas where development schemes have been approved by regulating or prohibiting the change of use of land in these areas.

(2) There shall be an appeal to the Provincial Planning Appeal Board by any interested party from any decision of the Council under a by-law pursuant to this Section.

(3) Where there is any conflict between a by-law under this Section and the Planning Act or zoning by-laws, the by-law under this Section shall prevail except in regard to provisions relating to non-conforming use.

(4) Before the Council approves a development scheme under a by-law made under this Section, notice shall be given of a public hearing for the meeting at which the Council is to consider approving the development scheme.

(5) The notice shall be given by not less than two insertions at least six days apart in a newspaper circulating in the area and the first insertion shall be published at least three weeks before the meeting of the Council.

(6) The Council may, by by-law, require a subdivider to reserve and deed to the City for park, playground and public purposes, other than streets or easements, where two family dwellings are permitted 7% of the area subdivided, where dwellings with more than two family units are permitted 10% of the area subdivided and in all other cases 5% of the area being subdivided.

(7) Land required to be deeded to the City under this Section shall be in lieu of any land required to be conveyed for the same purposes under the Planning Act or regulations made thereunder.

(8) Before approving a development scheme under clause (a) of subseciton (1), the applicant for approval of the scheme shall deed to the City for park, playground and public purposes, other than streets or easements, 10% of the land area covered by the development scheme.

(9) Subsections (6), (7), (8) and (9) apply to all sub- divisions and are a condition of final approval even if tentative approval has been given to the sub-division.

(10) The Council may at its discretion accept money in lieu of land reserved for park, playground and public purposes under this Section.

(11) Any such money paid to the City shall be held in a separate account and shall be used for the purpose of acquiring and developing public parks and playgrounds within the City and for no other purpose.

(12) Approval of a development scheme by the Council may be granted on condition that the registered owner of the land upon which the development is to occur shall enter into an agreement with the City containing such terms and conditions as the Council may direct, and the agreement shall be supported by a bond or other satisfactory security sufficient in amount to ensure the performance of the agreement by the owner of the land.

(13) The agreement may define the uses permitted in the development area.

173 (1) In this Section,

  • (a) “Development Officer” means an officer of the City designated by the Council to perform the duties of the Development Officer under this Section or, if a zoning by-law is passed under the Planning Act, the person appointed the Development Officer pursuant to the by-law;
  • (b) “zone” means a zone or use zone established by or described in a zoning by-law;
  • (c) “zoning by-law” means the zoning by-law of the City and amendments thereto and includes any zoning by-law hereafter made and any amendments thereto.

(2) Notwithstanding Section 33 or any other provision of the Planning Act or any other enactment or law, to assist in the Administration of the zoning by-law, the Development Officer may prepare a zoning plan showing the whole area of the City.

(3) As part of the zoning plan prepared pursuant to subsection (2), the Development Officer shall endorse on the zoning plan by appropriate marks, designations or colours each area of the City that has been designated or declared to be a particular zone in or by virtue of the zoning by-law and any area of the City that has not been zoned.

(4) When the zoning plan prepared pursuant to subsection (2) and in accordance with subsection (3) is approved by the Council,

  • (a) the zoning plan shall determine conclusively for the purpose of the zoning by-law the particular zone that is applicable to an area of the City; and
  • (b) any provision in the zoning by-law by which an area of the City is designated or declared to be a particular zone shall be deemed to be repealed.

(5) A zoning plan prepared in accordance with subsection (2) may be a single plan, a single plan supplemented by detailed plans where necessary or a series of plans properly cross-referenced or any combination thereof.

(6) Any change in the zone that is applicable to an area of City or the designation of an area of the City that is not zoned as being a particular zone or zones shall be deemed to be a rezoning and shall be carried out by way of a change in the zoning plan in accordance with subsection (7).

(7) The provisions of any enactment, regulation or by- law applicable to the amendment of the zoning by-law shall apply mutatis mutandis to a rezoning and the change in the zoning plan consequent upon the rezoning shall be made by the Development Officer when the rezoning is final under the applicable enactment, regulation or by-law.

(8) The Development Officer shall be the custodian of the zoning plan and shall make all the changes in the zoning plan consequent upon any rezoning.

(9) The Development Officer, by certificate in writing under his hand, may certify

  • (a) that a copy of the zoning plan or any part of the zoning plan is a true copy thereof;
  • (b) that a particular zone is applicable to an area of land within the City described in the certificate.

(10) In any prosecution or proceeding relating to or involving the zoning by-law, a certificate issued under subsection (9) and purporting to be signed by the Development Officer shall be received in evidence without proof of the signature or of the official character of the person who appears to have signed and, unless the contrary is shown, shall be proof

  • (a) that the copy of the zoning plan or part of the zoning plan to which the certificate relates is the zoning plan or part of the zoning plan prepared under and in accordance with this Section;
  • (b) that a particular zone is applicable to the area of land described in the certificate;
  • (c) any other matter stated in the certificate that relates to the zoning plan.

(11) The Council may, by resolution, appoint a Deputy Development Officer who shall! have all the powers of the Development Officer appointed pursuant to the Planning Act, to approve plans of subdivision.

174 (1) Notwithstanding the provisions of any other Act, the Council may, subject to subsection (2), pass by-laws for establishing all or any part of any highway in the City solely or principally as a pedestrian promenade and for prohibiting the use thereof by vehicles or any class thereof except to such extent or for such period or periods of every day or of any day or days of the week as may be specified in the by-law, and for permitting the obstruction of the promenade in such manner and to such extent as the Council may deem desirable.

(2) No by-law passed under subsection (1) and no by- law that amends or repeals any such by-law shall come into force without the approval of the Minister of Highways.

175 (1) Council may, by by-law, prohibit the granting of building permits and prohibit the subdivision of land on public highways, streets or public rights-of-way which do not fulfill the requirements and standards set by the regulations of the Minister under the Planning Act and the subdivision by-laws of the City.

(2) The Council may, by by-law, provide that such permits may be granted or subdivisions approved upon the applicant entering into an agreement with the City supported by a bond or other security satisfactory to the City to do the work and provide the services and utilities sufficient to meet the requirements for streets under the subdivision regulations of the Minister and of the City.

176 (1) Where any permit or approval is given pursuant to any by-law or regulations of the City, and the owner or applicant has indicated that certain works will be carried out, the City may enter into an agreement with the owner or applicant, which agreement may

  • (a) set out the works to be done by the owner or applicant; and
  • (b) provide for security to be held by the City to ensure that such works are carried out; and
  • (c) provide that on failure of the owner or applicant to carry out the works as set out in the agreement, the City may either retain the security as liquidated damages or carry out the work and use this security to defray the costs thereof.

(2) Any agreement made pursuant to this Section shall be enforceable even though the work to be done pursuant to such agreement may not be required by statute or by-law or regulations.

177 (1) The Council may make by-laws providing for the establishment of neighbourhood planning districts and providing for

  • (a) the levying of area rates on real property in such neighbourhoods;
  • (b) the authorization for the expenditure of money from area rates for any neighbourhood ratepayers.

(2) All rates and expenditures under this Section shall be subject to the approval of the Council.

(3) The Council shall not approve expenditures under this Section without considering whether or not they should properly be paid for out of the general funds of the City.

BUILDING REGULATION

178 (1) The Council may make by-laws regulating the erection, classification, use, occupancy, alteration, repair, demolition, or removal of buildings within the City or any part thereof where

  • (a) the safety of persons or property is concerned;
  • (b) the health of occupants is concerned;
  • (c) the protection of persons or property against fire is concerned; and

(2) Without restricting the generality of subsection (1), the Council may pass by-laws, in particular, for

  • (a) regulating the quality and strength of building materials and the size and strength of columns, piers, studding, beams, joists, girders, floors, rafters, roofs, and their supports in all buildings;
  • (b) regulating the size and construction of chimneys and flues, the construction of hearths and fireplaces, the installation of building services of all kinds, heating equipment and fuel-burning equipment, ventilating and air-conditioning equipment, electrical equipment, elevators, escalators and fire-fighting equipment and providing for removing, at the expense of the owner, any hazards constructed or installed in contravention of the by-law;
  • (c) regulating, subject to any provincial rules or regulations, the size, structure, number and position of doors in churches, threatres and halls or other places of public meeting or places of amusement and the street gates leading thereto, the size and structure of stairs and stair railings in such buildings, the strength of beams and joists and other supports used in their construction, and the method of lighting and the provision of stand pipes and other fire appliances in connection therewith;
  • (d) compelling, subject to the provisions of the Industrial Safety Act and of the Fire Prevention Act, the owners and occupants of buildings more than two storeys in height, except private dwellings, to provide proper fire escapes therefrom in such places and of such pattern and mode of construction as may be deemed proper, and prohibiting the occupation of any such building unless such fire escapes are provided;
  • (e) prescribing safety measures to be taken during construction of building;
  • (f) establishing fire limits and preventing the erection of wooden buildings or additions thereto and wooden fences in specified parts of the City and prohibiting the erection or placing of buildings, other than with main walls of brick, iron, concrete, stone or other incombustible material and roof of incombustible or slowburning material within defined areas of the City;
  • (g) providing for the inspection and supervision of electric wiring, to ensure that the wiring complies with the minimum standards prescribed in the by-law, and fixing the fees to be charged for such inspections;
  • (h) regulating the method of lighting, subject to the minimum standards prescribed by the by-law, the construction of doors, the width of aisles, the provision of fire escapes, in or leading to places of public accommodation or assembly and generally all matters relating to the construction, maintenance or conduct of such places, as, in the safety of the public, may be deemed convenient;
  • (i) prohibiting the use of a building as a public garage or machine shop, unless it is provided with a floor constructed of materials prescribed in the by-law, and the prohibiting of the use of any building for such purpose, unless it be separated from other buildings by a fire wall or by a clear space of a minimum distance to be specified in the by-law; 1978
  • (j) regulating the storage, use and disposal of hazardous materials of all kinds and prohibiting the placing, retention or use of any such materials in or on property, whether public or private, except subject to such conditions as may be specified in the by-law;
  • (k) adopting and constituting as regulations
    • (i) the regulations known as the National Building Code of Canada, with the exception of any specified provisions thereof, or any specified provisions of the National Building Code of Canada, and
    • (ii) any amendments to the National Building Code of Canada with or without modification, either in place of or in addition to any regulations made under this or any other Section of this Act;
  • (l) regulating the construction and use of scaffolding, elevators and hoists in connection with any building;
  • (m) regulating the temporary use or occupancy of any portion of a street for the more convenient construction of a building, upon such terms as to rental, length of use or occupancy, or otherwise as may be prescribed, and for the temporary closing of such portion of a street so used or occupied;
  • (n) classifying buildings and parts thereof, and differentiating between classes as to the regulations applicable to the respective classes;
  • (0) providing for the inspection of all buildings during the course of construction and thereafter as occasion may require and for empowering the Building Inspector, and anyone authorized by him, to enter any premises at any reasonable time for the purpose of such Inspection;
  • (p) fixing standards of fitness for human habitation to which all dwellings, whether single or multiple, shall conform, and for requiring the owners of dwellings to make the same conform to any of such standards, and for prohibiting the use or occupancy of dwellings which do not conform with any standard so fixed;
  • (q) regulating the installation of plumbing and heating facilities in and about buildings and premises, including the materials to be used and the drains, pipes, and all means of connection with sewers, water mains, and chimneys, and the fixtures and apparatus in connection therewith, and requiring that a permit shall be obtained from the inspector appointed by the Council in respect of such installations before proceeding therewith;
  • (r) providing for the demolition or removal, in whole or in part, or the alteration at the expense of the owner thereof, of any building certified by the Building Inspector to be a fire hazard, structurally unsafe, or a menace to health, and for that purpose to authorize any workmen or others to enter upon the premises and carry out such demolition, removal or alteration;
  • (s) requiring that in the construction of any church, public building, multiple dwelling, office building, shopping centre, retail store or other building, the plan of which is designed to accommodate the assembling of numerous persons on the premises, suitable provisions shall be made off the street to accommodate such number of motor vehicles as the Council may by by-law prescribe; and for classifying churches, public buildings, multiple dwellings, office buildings, shopping centres, retail stores, and other buildings within the meaning of this clause, and for differentiating according to such classification in respect of the accommodation to be provided as aforesaid;
  • (t) requiring that in the construction of any building used for commercial or industrial purposes or where by the nature of its proposed use quantities of articles, materials, or merchandise will be delivered to or taken from such building, provision shall be made off the street for accommodating such number of vehicles as the Council may prescribe and for off-street loading and unloading of articles, materials, or merchandise delivered to or taken from such building, and for defining and classifying such buildings, and for differentiating according to such classification in respect of such provision, and, in the discretion of the Council, for designating the areas where such provision shall be required, as aforesaid;
  • (u) compelling owners of, or building contractors in respect of, any real property on which there is any excavation likely to be dangerous to children or others to keep the same effectively fenced or enclosed or under the care of a watchman;
  • (v) prohibiting the construction of any building for residential, commercial, or industrial purposes on land where by reason of its low-lying, marshy, or unstable character the cost of installing water, sewage or drainage facilities is in the opinion of the Council unduly great;
  • (w) for acquiring any real property being used fora purpose, or upon which is erected a structure, which does not conform with the provisions of any by-law relating thereto, and for disposing of the same upon such terms as may be just.

179 The Council may pass by-laws

  • (a) providing for the issue of building permits for all or any part of a building or structure to be erected, altered, used, occupied, or repaired, and fixing the terms and conditions upon which such permits may be issued including the fees to be charged therefor and the plans and particulars to be submitted with applications for building permits;
  • (b) prohibiting the commencement of the erection, alteration, repair, demolition or removal of any building except in conformity with the regulations pertaining thereto and unless authorized by permit;
  • (c) providing that the granting of a building permit shall not entitle the grantee, his successors or assigns or anyone in his or their behalf, to erect any building that fails to comply with the requirements of any building restriction agreement affecting the site described in such permit;
  • (d) providing for the issue of occupancy permits for all or any part of a building and prescribing the conditions on which such permits may be issued or withheld and prohibiting the occupancy of any building except in conformity with the regulations pertaining thereto and unless authorized by permit;
  • (e) providing for security to be given to the City and to be forfeited if the terms and conditions upon which any permit under this Section is issued are not carried out, and upon breach of the terms and conditions upon which the permits are issued the amount of the security shall be deemed to be the liquidated damages suffered by the City.

180 Neither the City nor any of its officials shall be held liable for damages or otherwise by reason of the fact that a building, the erection or occupancy of which has been authorized by permit, does not comply with the requirements of any such building restriction agreement.

181 (1) The Council may pass by-laws

  • (a) authorizing the pulling down or removal at the expense of the owner thereof of any building or erection constructed, altered, repaired or placed in contravention of any by-law and the levying and collecting of the expense from the owner;
  • (b) prohibiting or regulating and controlling the use of barbed wire and electrified fences within the City or any part thereof;
  • (c) directing the removal of doorsteps, porches, railings or other erections or obstructions projecting into or over any sidewalk, street or other public place, at the expense of the owner of the property with which such projections are connected;
  • (d) providing for the summary removal of any pole or wire or other obstruction from the street;
  • (e) directing that any building or other erection within the City, which the Council by resolution declares to be dangerous to the public safety or health, be repaired, pulled down, removed, closed to the public or otherwise dealt with by the owner, agent, lessee, occupier or other person designated in the resolution;
  • (f) numbering the houses or buildings in the City and renumbering them from time to time as the Council may deem expedient;
  • (g) providing for regulations governing the moving of buildings along or across any highway or any public place and requiring a permit for such operation.

(2) To effect the pulling down, removal or closing to the public of any building referred to in clause (a) or clause (c) of subsection (1) or in clause (r) of Section 178, the Council may cause the occupants of the building to be removed therefrom by force.

(3) The cost and expenses incurred by the City of any pulling down or removal of any building or erection under this Section or any by-law of the City shall form and be a lien and charge on the land from which same is removed.

182 (1) The Council may make by-laws

  • (a) authorizing the repair at the expense of the assessed owner of any building which in the opinion of the Council is in violation of any by-law of the City relating to the care and maintenance of lands and buildings;
  • (b) authorizing the removal from land at the expense of the assessed owner thereof of any garbage, parts and bodies of automobiles and waste material of any kind which, in the opinion of the Council, is in violation of any by-law of the City relating to the care and maintenance of lands and buildings;
  • (c) directing that the costs and expenses incurred by the City in the repair of any building or the removal of any garbage, parts and bodies of automobiles and waste material of any kind under any by-law made pursuant to this Section shall form a lien against the land and buildings on or to which the work of repair or removal is carried out.

(2) Before the Council authorizes the repair of any building or the removal from land of any waste material of any kind under any by-law made pursuant to this Section, notice shall be given of a public hearing for the meeting at which the Council is to consider a report of the Building Inspector regarding the matter.

(3) There shall be a right of appeal to the County Court by any interested party within ten days from any decision of the Council under a by-law pursuant to this Section and the County Court may vary, rescind or confirm the decision of the Council as it deems just.

(4) By-laws under this Section shall only apply in cases where the owner has failed to comply with the order of the Building Inspector made under the authority of a by-law of the City.

183 (1) If, in the opinion of the Council, a building, structure or erection, by reason of its ruinous or dilapidated condition,

  • (a) is seriously detrimental to the amenities of the neighbourhood; or
  • (b) seriously depreciates the value of land or buildings in the vicinity; or
  • (c) is in such a state of non-repair as to be no longer suitable for human habitation or business purposes, the Council may make an order respecting such building, structure or erection.

(2) Any such order may require the owner, within a period of time which shall not be less than three months from the date of the making of the order,

  • (a) to remedy the condition in the manner and to the extent directed in the order; or
  • (b) to demolish and remove the building, structure or erection and clear the site thereof.

(3) Upon the service of an order upon the owner to demolish or remove the building, structure or erection no rent shall thereafter become or be payable by any occupants thereof, and the owner shall not permit any person, apart from the occupant or occupants at the time of the said order, to occupy the said building, structure or erection, or any part thereof.

(4) Upon the Council making any such order to demolish and remove the building, structure or erection, a notice shall be placed on such building, structure or erection stating that it has been ordered demolished and removed.

(5) If the owner does not remedy the condition within the period specified in the order and the building, structure or erection has not been demolished and removed at the expiration of the period specified in the order, the Building Inspector shall cause the building, structure or erection to be demolished or removed and the site thereof cleared.

(6) The removal may be done by way of selling the building, structure or erection, in which case the net proceeds realized by the Building Inspector from such sale shall be paid to the owner, mortgagee or other person thereto entitled, unless there are any taxes owing in respect of the building structure or erection or the land on which the same is situate, in which case the amount of such taxes shall be set off against the net proceeds of the sale of the building, structure or erection and any amount in excess thereof shall be paid to the owner, mortgagee or other person thereto entitled.

(7) The Council shall cause not less than one month’s notice to be sent by registered mail to the assessed owner of the land upon which the ruinous or dilapidated building stands, specifying the date, time and place at which the making of such an order will be considered and that such owner will be given an opportunity of appearing and of being heard by the Council at such meeting before the making of the order.

(8) The Council shall cause the notice to be posted in a conspicous place on the building not less than one month before the date of the hearing.

(9) Any person who thinks himself aggrieved by an order of the Council made hereunder may apply by notice of motion to a judge in chambers within thirty days from the date of the making of the order, and the judge, if satisfied

  • (a) that the proper procedure set forth in this Section has not been followed; or
  • (b) that the Council has acted in a manner contrary to the intent and meaning of this Section, may set aside, vary or modify the order of the Council as he deems just.

(10) In order to effect the demolition or removal of a building pursuant to this Section, the Council may cause the occupants of the building to be removed therefrom by force.

(11) The Council may, in any year where a building has been demolished or removed pursuant to clause (r) of Section 178 or clause (a) or clause (e) of Section 181, remit so much as it sees fit of the taxes to be levied in that year in respect of such building.

184 In any by-law relating to the development, zoning, construction, erection, sanitation or use or occupancy of land or buildings, and in any other similar by-law, the Council may

  • (a) provide for the creation of an appeal board comprised of persons other than members of Council or City employees to deal with and adjudicate upon any question that may arise under the provisions of the by-law;
  • (b) prescribe the duties and powers of the board; and
  • (c) fix their remuneration and tenure of office.

ADMINISTRATION

185 The Council may provide for the appointment of such engineers, architects, consultants or other officers as may be necessary for the exercise of any of the powers vested in the Council.

186 The Council may, by by-law, establish a Technical Planning Board the members of which shall include such officers and consultants of the City as may be deemed necessary and appropriate and may empower such a Board to

  • (a) prepare a development plan;
  • (b) prepare a zoning by-law;
  • (c) consider and report to the Council on all matters related to the development of the City as outlined in this Part.

187 Where a Technical Planning Board has been established under Section 186, the Council shall not adopt, amend, or repeal any development plan, zoning by-law, subdivision control by-law, or building by-law, or initiate any development project until a report has been received from the Technical Planning Board.

188 The Council may appoint and charge an officer or officers of the City with the responsibility of administering any by- laws relative to development, zoning, subdivision control, building construction and occupancy adopted under this Act.

ADMINISTRATION GENERAL POWER TO ENGAGE OFFICERS AND EMPLOYEES

189 The Council shall have the power to engage, employ and pay such officers and employees as it may deem necessary and, except as hereinafter provided, all officers and employees of the City shall hold their offices at the pleasure of the Council or as shall be determined by by-law.

City Clerk

190 The Council shall appoint a City Clerk who shall carry out the following duties:

  • (a) attend all meetings of the Council and take and transcribe the minutes thereof;
  • (b) act as keeper of all records, documents and papers acted upon by the Council;
  • (c) maintain an official register of certified copies of all by-laws enacted by the Council and of all minutes of the proceedings of the Council;
  • (d) perform such other duties as may be specifically assigned by the Council.

City Treasurer

191 (1) The Council shall appoint a Treasurer who shall be responsible for the collection, receipt and safe custody of all moneys belonging to or accruing to the City from whatever source, and shall also be responsible for paying out the same only to such persons and corporations and in such manner as directed by law or by the by-laws or resolutions of the Council.

(2) The Treasurer shall deposit or cause to be deposited in the name of the City, in a chartered bank designated by resolution of the Council, all moneys received by him.

(3) The Treasurer, with the approval of the Council, may authorize any department to deposit directly the moneys received by it.

(4) Deposits shall be made daily or as often as the Council may direct.

(5) Subject to Section 192, the Treasurer shall jointly with the Mayor, or such officer as the Council may from time to time appoint, sign all necessary cheques issued by the City.

(6) The Treasurer shall also be the director of the department of finance.

192 (1) Unless otherwise provided by resolution of the Council, the Mayor or such other persons as the Council may from time to time appoint for the purpose, shall sign jointly with the Treasurer all cheques issued by the City.

(2) The Council, by resolution, may authorize the Mayor or other signing officer and the Treasurer to issue for each pay period a single cheque covering the total amount of the payroll, and the cheque shall be deposited in the bank in a wages account and be paid out upon cheques signed by the Treasurer alone.

(3) The Council may, by resolution, authorize the treasurer alone to sign and issue cheques for such purposes and amounts as may be specified in the resolution.

(4) Any signature required by this Section may be printed, lithographed or otherwise mechanically reproduced if authorized by resolution of the Council.

(5) The authority given by a resolution under subsections (2), (3) or (4) shall be considered a continuing authority until the resolution is rescinded.

City Solicitor

193 (1) The Council shall appoint a member of the Nova Scotia Barristers’ Society as the City Solicitor and may determine his duties.

(2) Notwithstanding that the remuneration of the City Solicitor is paid wholly or partly by salary, the City is entitled to tax and collect lawful costs in all actions and proceedings to which the City is a party.

Auditor

194 The Council shall, from time to time and as often as the office is vacant, appoint one or more auditors but no one who, at the time of appointment or during the preceding year, is or was a member of the Council, or is or was an officer of the City, or has or had directly or indirectly, alone or with any other person, a share or interest in any contract or employment with or on behalf of the City, except as auditor, shall be so appointed.

195 (1) A person may be appointed to more than one office, but a person appointed as auditor shall not hold any other office.

(2) A partnership may be appointed solicitor or auditor.

(3) The Council may designate a person as the assistant to any officer appointed by the Council and the assistant has

  • (a) all such powers and duties as may be delegated to him by that officer; and
  • (b) all the powers of the officer during his absence or inability to act.

(4) The Council may appoint some person to act in place of any officer who is absent or incapable of performing his duties, or during a vacancy in the office, and the Chief Administrative Officer, if any, may appoint such a person to act in the place of such officer until the next meeting of the Council and during the period of the absence, incapacity or vacancy, a person so appointed has all the powers of such officer.

(5) A City officer shall, in addition to the duties assigned to him by this Act, perform such other duties as may by required of him by by-law or resolution of the Council.

196 (1) The Council shall, by by-law, establish such departments as may be required, and each department shall be headed by a director who shall be an officer of the City.

(2) The work of each department may be distributed among such divisions thereof as may be established by by-law and two or more departments may be headed by the same individual and the director of a department may also serve as the chief of a division.

197 (1) The civil service of the City shall be divided into the classified and unclassified service.

(2) The unclassified service shall include the following offices and positions:

  • (a) the Chief Administrative Officer, if any;
  • (b) the City Clerk, City Treasurer and City Solicitor;
  • (c) the directors of departments;
  • (d) one assistant or deputy to the Chief Administrative Officer, if any;
  • (e) one principal assistant or deputy to each of the officers and directors of departments;
  • (f) positions held by persons employed to make or conduct a special enquiry, investigation, examination, or installation if the Council certified that such employment is temporary, and that the work should not be performed by employees in the classified service;
  • (g) such other positions as the Council may designate, on the recommendation of the Chief Administrative Officer, if any.

(3) Only members of the unclassified service shall be officers of the City.

(4) The classified service shall include all positions not specifically included by this Section in the unclassified service.

CLASSIFICATION

198 The Council shall cause to be prepared and maintained an up-to-date record of the authority, duties and responsibilities of each position in the classified service, and for this purpose the Council may appoint a director of personnel or designate an officer of the City who shall, in addition to his other responsibilities, carry out the duties of a director of personnel.

199 It shall be the duty of the director of personnel or other designated officer to prepare, for the approval of council, a plan of classification of all positions in the classified service according to similarity of authority, duties and responsibilities.

200 The Council shall, by by-law, determine the procedure to be followed with respect to the amendment of the plan of classification, the establishment of new classes, and the altering or abolition of classes and may provide a grievance procedure to be followed by employees who may be affected by subsequent changes in the classification plan and may also determine the procedure to be followed with regard to appointment, promotion and dismissal of employees in the classified service.

PROMOTION PROCEDURE AND PAY PLAN

201 The Council may, by by-law,

  • (a) provide for the general procedure to be followed with respect to promotions in the classified service, the filling of vacancies by competitive examination, and the advertising of vacancies outside the City service;
  • (b) provide for the establishment of a pay plan.

APPOINTMENTS

202 (1) The Council shall appoint, by resolution, fit and proper persons to any or all positions in the unclassified service of the City and such persons shall serve at the pleasure of the Council, or according to the terms of the by-law or resolution by which they are appointed.

(2) Any resolution appointing an individual to a position in the unclassified service of the City must have the affirmative majority vote of the aldermen present at a meeting.

(3) Any resolution terminating the service of an individual occupying a position in the unclassified service of the City must have the affirmative majority vote of the aldermen present at a meeting.

(4) No resolution proposed under subsection (3) shall be voted upon by the Council unless it has first been reduced to writing, signed by the members of the Council who propose to move and second the same and deposited in the office of the City Clerk, and a certified copy thereof served at least seven days prior to the date of the meeting of the Council at which the same is to be considered, upon the officer concerned, either by personal service or by leaving the same at his last known place of abode.

(5) Persons appointed to positions in the unclassified service of the City shall be paid such annual salary as the Council from time to time determines.

203 The appointment of persons to the classified service of the City shall be in accordance with the procedure established in a by-law adopted by the Council under Section 200.

204 No member of the Council shall be eligible for appointment to any office in the unclassified service of the City during the term for which he has been elected.

205 Every person appointed to a position in the unclassified service of the City shall, before entering upon the duties of his office, make and subscribe the official oath in the form prescribed by the Council.

CHIEF ADMINISTRATIVE OFFICER ESTABLISHMENT OF POSITION

206 The Council may, by by-law, passed by the affirmative vote of three-fourths of all its members, establish the position of Chief Administrative Officer and the person appointed to occupy such a post, once established, may be known by the title “City Manager”, “City Administrator”, “Chief Administrative Officer” or any other similar title as may be designated in the by-law.

207 (1) No by-law providing for the establishment of the position of Chief Administrative Officer shall come into force before a period of thirty days has elapsed from the time of its adoption by the Council and if, during this period, a petition signed by one hundred electors is filed with the City Clerk, it shall be the duty of the Council to submit such by-law to the electors.

(2) If such by-law is approved by a majority of the electors voting thereon, it shall immediately come into force.

(3) If such by-law is not approved by a majority of the electors voting thereon, it shall lapse.

208 If the City establishes the position of Chief Administrative Officer by a by-law passed under Section 207 it shall continue to have a Chief Administrative Officer until otherwise provided by a by-law which shall be submitted to the electors for the assent of a majority of the electors voting thereon, if one hundred electors so request by petition in writing, filed with the City Clerk within thirty days after the adoption of such by-law by the Council.

209 (1) Public notice of the adoption of a by-law under Section 207 or 208 shall be given by means of an advertisement inserted by the City Clerk in a newspaper circulating in the City.

(2) Such notice shall be inserted within seven days after the adoption of the by-law by the Council and if, within the thirty days following the adoption of the by-law by the Council, no petition is filed under the provisions of Section 207 or 208 the by- law shall accordingly come into force.

CHIEF ADMINISTRATIVE OFFICER APPOINTMENT AND DISMISSAL

210 (1) The Chief Administrative Officer shall be chosen by the Council on the basis of his executive and administrative qualifications with special reference to his experience in, or his knowledge of, accepted practice with respect to the duties of his office as hereinafter set forth.

(2) At the time of the appointment of the Chief Administrative Officer, he need not be a resident of the City or Province.

(3) No member of the Council shall be eligible to receive such appointment during the term for which he has been elected.

211 (1) Any person appointed to the post of Chief Administrative Officer shall be appointed by resolution of the Council and shall hold office at pleasure of the Council.

(2) The Chief Administrative Officer may be dismissed by resolution of the Council.

(3) No resolution dismissing a Chief Administrative Officer shall be voted upon by the Council unless

  • (a) the resolution is reduced to writing and signed by the members of the Council who propose to vote and second the same;
  • (b) the resolution states the reason or reasons for dismissing the Chief Administrative Officer;
  • (c) the resolution has been duly deposited in the office of the City Clerk and a certified copy has been served on the Chief Administrative Officer, either by personal service or by leaving the same at his last place of abode, at least one week prior to the date of the meeting of the Council, at which the same is to be considered.

212 A resolution of the Council providing for the dismissal of the Chief Administrative Officer shall have no effect unless it receives the affirmative majority vote of two-thirds of the aldermen present at the meeting.

CHIEF ADMINISTRATIVE OFFICER POWERS AND DUTIES

213 (1) The Chief Administrative Officer shall be the head of the administrative branch of the City government.

(2) He shall be responsible to the Council for the proper administration of all the affairs of the City in accordance with the policies and plans approved and established by the Council and to that end, subject to the provisions of this Part, he shall have the power to

  • (a) administer the day-to-day business affairs of all the departments of the City in accordance with the policies and plans approved by the Council;
  • (b) co-ordinate and direct the preparation of plans and programs to be submitted to the Council for the construction, rehabilitation and maintenance of all City property and facilities;
  • (c) prepare the annual budget and submit it to the Council and be responsible for its administration after adoption; 1978
  • (d) review the drafts of all by-laws, including loan by-laws, and to submit to the Council his recommendations on such draft by-laws and to advise the Council on the steps he believes should be taken in order to carry out the by-laws and enforce their observance;
  • (e) attend all meetings of the Council and any committee that it may establish and make such observations and suggestions he may deem expedient on the subjects under discussion;
  • (f) require, if he deems it necessary, that his recommendations or suggestions submitted in writing with respect to any matter be recorded as part of the written proceedings of the Council;
  • (g) appoint and remove, subject only to the procedures set out in a by-law adopted by virtue of Section 200, all employees in the classified service of the City;
  • (h) recommend to the Council the appointment of directors of departments and other officers in the unclassified service of the City;
  • (i) suspend any officer of the City provided that a written report outlining the reason for such suspension is filed immediately with the City Clerk, who shall place such report on the agenda of the next scheduled meeting of the Council;
  • (j) carry out such additional duties and exercise such additional responsibilities as the Council may assign to him;
  • (k) authorize, in the name of the City, the commencement of or, the defence of, any legal action or proceedings before any court, board or tribunal, provided however that he shall report the commencement of such legal action, proceedings or defence to the Council within one month of the commencement thereof.

214 To perform his duties during his temporary absence or disability, the Chief Administrative Officer may designate by letter, filed with the City Clerk, a qualified officer of the City, and in the event of failure by the Chief Administrative Officer to make such designation, the Council may by resolution appoint an officer of the City to perform his duties until he shall return or his disability shall cease.

215 When a by-law is enacted, establishing the position of a Chief Administrative Officer under the provisions of this Part,

  • (a) the Council shall not appoint any person, except the Chief Administrative Officer, to the unclassified service of the City except on the recommendation of the Chief Administrative Officer;
  • (b) the Council shall not dismiss any person, except the Chief Administrative Officer, holding a position in the unclassified service, except on the recommendation of the Chief Administrative Officer;
  • (c) the Council shall not adopt any by-law defining the duties of any person in the unclassified service of the City or establishing a department or agency of the City, except on the recommendation of the Chief Administrative Officer:
  • (d) the Council shall, except for the purpose of enquiry, deal with the administrative service of the City solely through the Chief Administrative Officer and neither the Council nor any member thereof, nor any committee established by the Council shall give orders to any subordinates of the Chief Administrative Officer, either publicly or privately;
  • (e) the Chief Administrative Officer shall act as bargaining agent of the City in the negotiation of contracts between the City and trade unions and employee associations, concerning wages, salaries and working conditions and shall recommend to the Council agreements with respect to such matters.

216 All officers of the City and directors of City departments shall be directly responsible and accountable to the Chief Administrative Officer for the performance of their duties and shall submit reports and recommendations required of them to and through the Chief Administrative Officer.

217 The Council shall, before considering the enactment of any by-law pursuant to Sections 196, 198, 199, 200 and 201, require the submission of a recommendation in writing from the Chief Administrative Officer.

218 All powers granted to the City by virtue of this or any other Act and the determination of all matters of policy shall be vested in the Council, and no official appointed pursuant to this Part shall have the power to pass by-laws or resolutions mentioned in any Act applying to the City, and the assignment of duties and responsibilities to the Chief Administrative Officer in any by-law enacted under the provisions of this Part shall not be deemed to empower the Chief Administrative Officer to perform, do, or direct any act or matter that would, to any extent whatsoever, encroach upon the legislative power of the Council.

PART V

TAXATION AND FINANCE TAXATION

219 The Council, by by-law, shall levy a tax on all property within the City that is taxable by the City according to the terms of the Assessment Act.

220 The Council may, by by-law, exempt active and honorary members of the Volunteer Section of the Dartmouth Fire Department and active and honorary members of the Union Protection Company from part of the amount for which they are rated for real or personal property taxes provided that such deductions shall not apply to taxation for local improvements or betterment charges or deed transfer tax, and may authorize a grant to those members who do not own real estate.

221 (1) The Council may, by by-law, grant an exemption from taxation in the City upon the property owned by a person

  • (a) who is a widow or widower; or
  • (b) who is sixty-five years or age or over; or
  • (c) who is the head of a single parent family supporting a dependant within the meaning of the Income Tax Act (Canada), where that person’s total income from all sources for the year preceding the year for which the exemption is sought is below such amount as is determined by the City by by-law to the extent set out in the by-law.

(2) The City Clerk may require a person applying for an exemption to make an affidavit regarding his income in the year preceding the year for which the exemption is sought.

222 (1) Notwithstanding the provisions of the Bonus Act, the Council may by resolution fix the tax rate to be applied to any new industry locating in the City at any figure that will provide an annual tax of more than 1% of the actual cost of the real property and this fixed tax rate shall not extend for a term in excess of 10 years.

(2) The special tax rate shall not be applied to an industry where there is a similar industry already existing in the City and such industry does not have a special tax rate or assessment.

223 Notwithstanding the provisions of the Bonus Act, the Council may by resolution fix the assessment of the personal property of any new industry locating in the City at a percentage of the assessment on real property in the City used and useful in the industry and this fixed assessment shall be for a period not exceeding 10 years which industry does not have a special tax rate or assessment.

224 No further fixed tax rates or fixed assessments shall be granted by the Council under the provisions of Sections 222 and 223 or under the provisions of any other Act.

225 (1) Notwithstanding the Assessment Act, where a person’s income is below a minimum amount set by by-law and that person is sixty-five years of age or over, the Council may by by-law grant a deferral in the payment of taxes and liens upon real property owned by such persons until such contingency as is specified in the by-law.

(2) The lien provided in the Assessment Act shall be extended for a time equal to the time of the deferral.

226 Real property exempt from taxation under Section 3 of the Assessment Act shall nevertheless be liable to taxation for local improvements.

227 The Council may, by by-law, levy a deed transfer tax in respect of transfers of real property within the City or partly within the City and in such case in respect of such portion as is within the City and may

  • (a) define the terms “deed”, “grantee”, “grantor”, “sale price”, “transfer” and “value”;
  • (b) impose a tax on every deed, agreement of sale, or lease or assignment of lease for a term in excess of twenty-one years, payable by the grantee, provided that such tax shall not exceed two per centum of the sale price or the value as defined in such by-law;
  • (c) exempt certain grantees from the tax on such terms and conditions as are specified in the by-law;
  • (d) provide for the collection of the tax including the filing of affidavits in prescribed form, the payment of the tax to the City with interest with respect to taxes at such rate as is specified in the by-law, not exceeding one half of one per centum per month, beginning ten days after the date of transfer and a penalty of ten per centum on any portion of tax remaining unpaid after twenty days from the date of transfer,
  • (e) provide that the tax with interest and penalties constitutes a lien upon the portion of the real property within the City and is to be added to the next yearly taxes thereon and may be collected therewith and with the same rights and remedies;
  • (f) provide that the registrar of deeds shall not record any deed transferring an interest in land within the City unless it bears a certificate of the City stating that such tax has been paid or that no tax is payable.

228 The Council may, by resolution, authorize a designated officer of the City to borrow from time to time on behalf of the City, by way of promissory note or overdraft, such sum as the Council may deem necessary pending the issue of debentures, provided that the total of amounts borrowed pursuant to this Section in any period of two consecutive calendar days does not exceed eighty per centum of the total of amounts authorized to be borrowed by by-laws which have been approved during such period.

229 The Council may issue debentues within the existing temporary borrowing authority as authorized by the Minister at interest rates and terms approved from time to time by the Council.

LOCAL IMPROVEMENTS

230 When, in the exercise of any of its powers to carry out any works, improvements, or services, the Council deems that any such works, improvements, or services will specifically benefit real property in a limited and determinable area, the Council may, subject to the provisions of this Part, undertake and carry out such works, improvements, or services, called local improvements projects, and enact by-laws, called local improvement by-laws, for borrowing on the general credit of the City such sums as may be necessary to defray the cost of any such local improvement project and for levying and collecting taxes based on special assessments imposed upon the real property that is deemed to be specially benefitted, for the payment of all or any part of such cost.

231 A local improvement project undertaken by virtue of Section 230 shall not extend or apply to any works, improvements, or services constituting ordinary repair or maintenance, but after the redemption of the debentures for a project, such works, improvements, or services, or any part of them, may be reconstructed or renewed under the provisions of this Part.

232 Any of the types of works, improvement, or services listed hereunder may be undertaken as a local improvement project

  • (a) the opening, widening, straightening, extending, grading, diverting, or improving of any street;
  • (b) the construction of any bridge, culvert, or embankment forming part of a highway;
  • (c) the sodding, boulevarding, or planting of any street;
  • (d) the construction, deepening, enlarging or prolonging of any sanitary sewer or water main and making sewer or water service connections;
  • (e) the construction, deepening, enlarging or prolonging of any storm sewer or drainage ditch;
  • (f) the construction of any conduit for wires or pipes along a street;
  • (g) the surfacing or resurfacing of any pavement or sidewalk already constructed;
  • (h) the construction and erection of any poles, standards, wires, or pipes and all other necessary work for the lighting of any street;
  • (i) the installation of high pressure water mains especially constructed for the purposes of fire protection;
  • (j) the purchase or lease of land and the construction of facilities for the purpose of providing and maintaining off- street parking for vehicles;
  • (k) such other works, improvements, or services as may be approved by the Minister as proper to be undertaken as a local improvement project.

233 The cost of a local improvement project shall include not only the cost of the actual work involved but also any expenses of engineering, surveying, advertising, issuing debentures and other expenses incidental to the entering on, carrying out and completing the work and raising the money to pay the cost thereof including discount and interest.

234 The Council may, instead of enacting a separate by-law for each local improvement project, enact one by-law in respect of several local improvement projects.

235 In any local improvement by-law enacted under Section 230, the Council may determine that the entire cost of a local improvement project shall be borne by the benefitting assessed property owners or proportionately between the benefitting assessed property owners and the City as a whole in such proportions as the Council may decide.

236 (1) The Council shall, in enacting a local improvement by-law under Section 230, impose a local improvement tax on the several properties abutting on the portion of the street or place wherein or whereon the local improvement project is to be undertaken and including all such properties as are deemed to benefit from such improvement according to the number of lineal feet thereof of the said several properties measured along the abutting or fronting portion at a uniform and equal rate per foot computed by dividing the total sum to be raised, being the total cost of the local improvement project or that portion of the total cost that it has been determined shall be borne by the properties benefitting from the project, by special assessment on the properties by the total number of lineal feet of the abutting or fronting properties, and every local improvement by-law imposing such a local improvement tax shall have a schedule appended setting out the annual payment apportioned as aforesaid with respect to each property.

(2) In the case of corner lots and triangular or irregularly shaped lots situate at the junction or intersection of streets, a reduction may be made in the special assessment which otherwise would be chargeable thereon sufficient, having regard to the situation, value and superficial area of such lots as compared with the other lots affected to adjust the assessment on a fair and equitable basis.

(3) Where a lot is for any reason wholly or in part unfit for building purposes a reduction may also be made in the local improvement tax which otherwise would be chargeable thereon, sufficient to adjust its assessment as compared with that of lots fit for building purposes on a fair and equitable basis.

237 Any part of the cost of a local improvement project which is to be borne by the City at large shall be paid by the City, and the Council in enacting a local improvement by-law shall provide for such payment out of the general revenue of the City, or out of capital funds raised by the issue of debentures upon the general credit of the City.

238 Every parcel of real property which is exempt from real property taxation under this Act or the Assessment Act shall be liable for any local improvement tax levied under this Part.

239 Instead of basing the local improvement tax on the actual cost of a local improvement project in the manner set out in Section 236, the Council, by by-law, may fix a uniform rate based on estimated average costs throughout the City for any type of work, improvement, or service undertaken as a local improvement project.

240 In any local improvement by-law enacted under Section 230 the Council may set the amount of lien for sewer to be charged against every lot of land having a perimeter of less than nine hundred feet but the calculation of the amount of lien per frontage foot where applicable shall be made as if all sewer liens were being calculated in the manner set out in Section 236 or 239.

241 In any local improvement by-law enacted under Section 230, the Council may increase the amount of sewer lien on every lot by the sum of one hundred and fifteen dollars for every residential unit and apartment in excess of one built or to be built on each lot.

242 In any local improvement by-law enacted under Section 230, the Council may, by by-law, provide that where a lot which has been made subject to a sewer lien under Section 240 herein has been subdivided the new lots resulting from the subdivision shall be charged with a sewer lien in amounts equal to that which would have been charged if the lots had been in existence at the time the sewer lines were charged under the local improvement by-law and the amounts already paid for a sewer lien in respect to the lot before subdivision shall be credited to the sewer lien on the new lots prorated according to the frontage of the new lots derived from the subdivided lot.

243 Where the local improvement tax is based on a uniform unit rate for one type of local improvement project as provided in Section 239, notwithstanding Section 244, there shall be

  • (a) no refund to the property owners in any case where the annual local improvement tax based on a uniform unit rate is in excess of the actual cost of construction;
  • (b) no additional local improvement tax shall be levied on the properties where the yield of such tax based on a unit rate is below the actual cost of the local improvement project.

244 In any case where the first levy of a local improvement tax proves insufficient the levy may be raised in subsequent years until sufficient funds have been realized to pay for the cost of the local improvement project that is to be borne by the benefitting properties, and if too large a sum has at any time been raised the excess may be refunded rateably to those by whom it is paid.

245 Before a local improvement tax is imposed upon any real property by the adoption of a local improvement by-law, the Council shall

  • (a) cause a local improvement tax roll to be prepared in which shall be entered:
    • (i) a short description of the local improvement project,
    • (ii) every property, identified by a short description, upon which a local improvement tax is to be levied, the name of the owner thereof its length of frontage in feet,
    • (iii) the estimated rate per foot,
    • (iv) the total amount levied against each property,
    • (v) the number of annual instalments by which the taxes to be levied and collected are to be payable,
    • (vi) every exempt property, the name of the owner thereof, and its length of frontage in feet;
  • (b) cause a notice to be mailed to the owner of each property upon which a local improvement tax is imposed, setting out with respect to the local improvement project
    • (i) a short description of the project,
    • (ii) the designated area,
    • (iii) the estimated cost of the project,
    • (iv) the estimated cost of the City’s share if any,
    • (v) the number of annual payments to be required,
    • (vi) the estimated annual rate per foot of frontage,
    • (vii) the total amount levied against the owner’s property.

246 The owner of any property so assessed may at any time commute the amount or balance remaining unpaid in respect thereof by paying the amount of the original assessment charged against the property together with interest, at such rate not exceeding fifteen per centum as may be fixed by the Council, chargeable in respect thereof less any amounts previously paid on account thereof.

247 Local improvement projects to be paid in whole or in part by the imposition of a local improvement tax may be undertaken pursuant to petition on notice as hereinafter provided:

  • (a) upon receipt of a petition requesting the Council to undertake a local improvement project signed by at least two thirds in number of the persons assessed as owners of land abutting or fronting on that part of the street or place whereon or wherein the improvement is to be made or of the lands to be benefitted by the local improvement project, as the case may be, and representing at least one-half in value of the properties, excluding improvements thereon, as the same are valued on the last assessment roll, the Council may take all proper and necessary proceedings for undertaking and completing the local improvement project and recovering the cost through the levying of a local improvement tax;
  • (b) after the Council has approved the undertaking of a local improvement project no name may be removed from the petition;
  • (c) the Council, on its own initiative, may-cause a notice of its intention to undertake a local improvement project to be inserted once in each week for two consecutive weeks in at least one newspaper circulating in the City;
  • (d) a notice under clause (c) shall describe the nature and location of the proposed improvement and the estimated cost;
  • (e) unless the majority of the owners of the properties that may be taxed therefor, representing at least one half of the value of the said properties as the same were valued on the last assessment roll of the City, petition the Council against it within two weeks after the last publication of the notice, the local improvement project may be undertaken and the cost thereof recovered by the levying of a local improvement tax.

248 Notwithstanding anything to the contrary in this or any other Act or any by-law of the City where the Council, by by-law or resolution passed at any general or special meeting by a vote of two thirds of the aldermen present, declares that it is desirable and in the public interest that a particular work, improvement, or service be undertaken as a local improvement project, the Council, with the consent of the Minister, may undertake the work without petition, and the owners of the benefiting properties shall not have the right of petition.

249 Where the Council, upon the recommendation of the Minister of Public Health, by a by-law adopted at a regular or special meeting of the Council by a two-thirds vote of the aldermen present, declares that the construction, enlargement, or extension of a sewer as a local improvement project is necessary and in the public interest on sanitary grounds, the Council may undertake the work without petition, and the owners of the benefitting properties shall not have the right of petition.

250 The Council may adopt by-laws for borrowing by the issue of debentures upon the credit of the City at large the money required to meet the whole or any part of the costs or estimated costs of a local improvement project undertaken in accordance with the provisions of this Part provided

  • (a) that such debentures shall mature within the probable lifetime of the local improvement; and
  • (b) that it shall not be necessary to obtain the assent of the electors to the adoption of such a by-law.

251 (1) Upon the presentation to the Council of a petition signed by the assessed owners of not less than two thirds of the frontage of the real property fronting on any street, or part of a street, praying that such street or any part may be paved, the Council shall direct the City Engineer to report thereon.

(2) The City Engineer shall report to the Council

  • (a) the total length of street proposed to be paved;
  • (b) the nature of the material most suitable in his judgement to be used for the paving;
  • (c) the probable cost; and
  • (d) whether in his opinion it is desirable to pave such street or portion, and any such other information or remarks as he deems proper.

(3) The Council shall consider such report and take such steps as it deems fit.

(4) The Council on consideration of such report shall decide whether to pave such street or portion of a street or not, and the material to be used, and if it orders the same to be done, the work shall be preformed under the direction of the City Engineer.

(5) The assessed owners of properties fronting on a street or portion of a street so paved shall, in proportion to the respective frontages of such properties pay to the City such portion of the cost of such paving as may be from time to time determined by the Council.

(6) The remainder of such cost shall be paid by the City. 252 The Council may direct that any street or any portion of any street, may be paved, under the provisions of this Act, notwithstanding that no petition has been presented by the assessed owners of properties fronting on such street or portion of a street, praying that such street or portion of a street be paved, and all the other provisions of this Act shall apply to any paving so done.

253 (1) Upon the completion of the work of paving, the City Engineer shall make a plan of the street, or portion of a street, so paved, showing the frontage thereon of each property, and the name of the assessed owner of each property.

(2) He shall also make a list of the assessed owners of such properties with the frontages of each property and the amount due in respect to each property, and shall file such plan and list in his office.

(3) Upon such plan and list being completed and filed, the same shail in any action or proceeding be prima facie evidence of the liability of every person named therein, in respect of each property of which he is stated to be the assessed owner, for the amount stated in respect to each such property.

(4) Any such plan or list may be amended from time to time by the City Engineer, and any such amendment shall in like manner be prima facie evidence of the facts stated therein.

(5) The City Engineer shall furnish the City Clerk and the assessors with copies of every such list or amendment thereof, with the date of the filing in the office of the City Engineer endorsed thereon.

(6) The amount specified in any such list as payable in respect to any property shall, from the date of the filing of the plan and list as aforesaid, constitute and be a lien on such property.

254 (1) When any street is hereafter paved the total amount for which any person is liable in respect to any property shall be divided into ten equal instalments, the first of which shall be due and payable on the filing of the plan and list by the City Engineer, and one on each succeeding thirty-first day of May after the first so succeeding until the whole is paid.

(2) To the first of such instalments shall be added interest at the rate of not more than fifteen per centum per annum on the amount due in respect to the property from the date of the filing of the City Engineer’s plan and list to the date of payment and to each succeeding instalment shall be added interest at the rate of not more than fifteen per centum per annum on the amount of principal then remaining unpaid.

(3) The amount of such instalments and interest shall be included in the notice of rates and taxes for the year, given to the assessed owner of the property and may be collected in the same manner and with the same remedies as real property taxes in the City.

255 The City Clerk shall keep a separate account of all money due for the laying of pavement, and shall annually report to the Council

  • (a) the assessed owners of properties liable therefor and the streets in respect to which the liabilities arose;
  • (b) the amount due in respect to each property; and
  • (c) the amount paid in respect to each property.

256 Upon the presentation to the Council of a petition signed by the assessed owners of not less than one-half of the frontage of the real property fronting on any street or part of a street, requesting the Council to lay down a permanent sidewalk, curb and gutter thereon, the Council is hereby empowered to cause the sidewalk, curb and gutter to be laid down.

257 (1) One-half of the cost of executing any work pursuant to Section 256 shall be paid by the City.

(2) The other half of the cost shall be assessed to the assessed owners of the properties abutting on the sidewalk, curb or gutter so laid, according to the respective areas of the sidewalks abutting on each property and shall be divided into five equal instalments, the first of which shall be due and payable on the filing of the plan and list by the City Engineer, and one on each succeeding first day of March after the first so succeeding until the whole is paid. ,

(3) To the first of such instalments shall be added interest at the rate of not more than fifteen per centum per annum on the amount due in respect to the property from the date of the filing of the City Engineer’s plan and list to the date of payment and to each succeeding instalment shall be added interest at the rate of not more than fifteen per centum per annum on the amount of principal then remaining unpaid. .

(4) The amount of such instalments and interest shall be included in the notice of rates and taxes for the year, given to the assessed owner of the property and may be collected in the same manner and with the same remedies as real property taxes in the City.

(5) The cost of covering the part of any sidewalk situated at the intersection of two streets, and common to the sidewalks of both shall be borne wholly by the City.

258 (1) Upon the completion of the work the City Engineer shall make a plan of the sidewalk covered, showing the frontage thereon of each property.

(2) He shall also make a list of the assessed owners of such properties with the frontage of each property, and the amount due in respect of each property, and shall file such plan and list in his office.

(3) Upon such plan and list being completed and filed the same shall in any action or proceeding be prima facie evidence of the liabilities of every person named therein, in respect to each property of which he is stated to be the assessed owner, for the amount stated in respect to each such property.

(4) Any such plan or list may be amended from time to time by the City Engineer, and any such amendment shall in like manner be prima facie evidence of the facts stated therein.

(5) The City Engineer shall furnish the City Clerk and the assessors with copies of every such list or amendment thereof, with the date of the filing in the office of the City Engineer endorsed thereon.

(6) The amount specified in any such list as payable in respect to any property shall from the date of the filing of such plan and list constitute and be a lien upon such property.

259 (1) The Council may direct a curb and gutter to be laid along any sidewalk which has been previously covered and that the cost thereof shall be defrayed by the City.

(2) One-half of the cost of any curb and gutter laid along any sidewalk on which no covering is placed shall be borne by the assessed owners of the properties abutting on such sidewalk, in proportion to their frontages, and shall be a lien on such properties and be collected in the same manner and with the same remedies as real property taxes in the City.

260 Every owner of real property shall keep in good repair and level with the sidewalk any hatch, hatch coaming, cellar door, or other covering of any aperture in the sidewalk in front of his property and if he fails so to do, the Council may, at its option, repair such covering or may remove the same, and fill up such aperture, and the cost of any such repair or removal may be collected, together with the rates and taxes on the property or by action in the name of the City.

261 If the owner of any property abutting on any sidewalk fails, on the request of the City Engineer, to connect any 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, or to provide a suitable drain for any water discharged from any premises so abutting, the City Engineer may make such connection or drain, and may, for such purpose, enter such building or premises, and the land on which any such building stands, and do therein any work requiring to be done, and the cost of any work so done by the City Engineer shall be paid by the owner and may be recovered from him by action in the name of the City, or if such work is done as part of, or in connection with the covering of such sidewalk, such cost may be added to and form part of and be collected along with the proportion of the cost of covering such sidewalk payable by the owner of the property as hereinbefore provided.

262 The Council may direct that any sidewalk, curb and gutter or any portion thereof, may be paved, covered, laid or constructed, notwithstanding that no petition has been presented to the Council praying that such may be done, and the cost of any work carried out under this Section shall be borne, assessed and constituted a lien in the same manner as though such work had been carried out pursuant to petition.

263 The provisions of Sections 251 to 262, inclusive, apply only to the original paving of a street, or laying of a permanent sidewalk, curb and gutter.

264 Sections 251 to 263, inclusive, shall have effect as if the same had been enacted on the first day of September, 1962.

FINANCIAL ADMINISTRATION

265 (1) The Council may, by resolution, authorize the City Treasurer to borrow from time to time such sums as may be required by the City for current expenditures and obligations of the City, provided that the amount so borrowed shall not at any time exceed fifty per cent of the taxes levied the previous year.

(2) When the amount authorized by this Section is borrowed the power to borrow shall cease until the loans have been reduced when the power may again be exercised to the limit stated.

266 The Council, in each year prior to the first day of March or such other date not later than the first day of April as the Council may determine, shall cause to be prepared and shall approve a detailed estimate of the probable expenditure of the City for the year, and such estimate shall include

  • (a) the sum or sums necessary to meet debenture instalments and interest falling due during the year;
  • (b) such sums as may be required to meet the requirements of the Board of School Commissioners for the City;
  • (c) such sums as may be required to meet the expenditures for ordinary municipal purposes authorized by this Act as may be established by the Council:
  • (d) such sums as may be required to meet any deficit of the preceding year;
  • (e) such sums as the City may become liable to pay by virtue of any other Act.

267 (1) The Council shall cause to be prepared an estimate of the probable revenues of the City for the year to be derived from all sources other than taxes on property.

(2) The Council shall authorize the levying and collecting of a property tax on the assessed owners of all property in the City that is taxable by the City under the terms of the Assessment Act, at a rate on

  • (a) the full assessed value of taxable commercial property and business occupancy assessment; and
  • (b) such percentage of the assessed value of taxable residential property and resource property not exceeding one hundred per cent as the Council may determine.

(3) The rate shall be that which the Council deems sufficient to raise the amount estimated to be required by the City in accordance with Section 266 after crediting the probable revenues other than taxes on property.

(4) In this Section, the expressions “business occupancy assessment”, “commercial property”, “residential property” and “resource property” have the same meaning as in the Assessment Act and Section 1A of the said Assessment Act is incorporated herein as if set out a seriatim.

268 (1) The Council may, by by-law, provide that when a residential unit or apartment is connected to an existing sewer a sewer lien of one hundred and fifteen dollars shall be charged to the lot for each residence and apartment on the lot so connected to the sewer in excess of one.

(2) Funds derived therefrom shall be deposited in a special fund for sewer replacement or sewage treatment facilities.

269 The Council may authorize the expenditure for any lawful purpose of any balance carried forward from a previous year.

270 In any case in which the City requires money for any purpose for which the City may lawfully expend money, but for which no appropriation has been made or for which the appropriation provided is insufficient, the City may expend such money for such purpose and shall show the same as an expenditure made by the City in the civic year in which the same is expended and if such expenditure causes an operating deficit in such civic year, such deficit shall be included in the estimates for the next ensuing civic year.

LICENSING

271 (1) The power to license includes the power to regulate.

(2) The power to regulate includes the power to license.

(3) The power to regulate includes the power to prohibit.

(4) The Council, in making by-laws regulating any matter and in fixing license fees, may discriminate between residents and non-residents of the City and between persons having a place of business in the City subject to assessment, and persons not having such a place of business.

272 The Council may make by-laws providing for

  • (a) the licensing of any person carrying on any business within the City of the same class as is authorized to be licensed by a town council under the Towns Act;
  • (b) the fixing of an annual fee for the granting of a license, such fee to be varied with the type or class of business;
  • (c) the enforcing of payment of any license fee, and prohibiting any person from carrying on business without first being licensed thereof.

273 The Council may make by-laws providing for

  • (a) the regulation of persons or firms selling or delivering fuel or offering the same for delivery, the regulation of the dimensions and capacity of the boxes or containers in or on vehicles in or from which fuel is delivered, the requirement that the capacity of each such box or container shall be plainly marked thereon, and the requirement that such persons or firms shall furnish a statement with each delivery of fuel showing its price and description and such other information as the by-law may direct, and provision for the seizure and forfeiture of fuel offered or intended for sale which does not comply with any provision of the by-law, and the regulation of the delivery of fuel during certain hours and in certain areas as designated in the by-law, and for the establishment and maintenance of public weigh-scales and the fixing of fees for their use;
  • (b) the licensing of every person or firm using, upon any street, any vehicle for the purpose of his business and the classifying of such vehicles and the giving effect to such classification in fixing the license fees;
  • (c) the licensing of dogs and the imposing of a license fee payable by every person who owns, possesses or harbours any dog;
  • (d) the regulation of the transfer of a license from the person holding it to some other person, and where permission is given, for prescribing the terms thereof:
  • (e) the revocation or suspension of any license;
  • (f) the establishment: of the times for the payment of license fees, the amount of any license fee imposed under this Section and the imposition of a penalty upon persons required to be licensed who fail to pay the license fee by the times so established;
  • (g) the licensing of persons who make available for the operation by other persons any lawful automatic or slot machine, including machines used, or intended to be used, for the purpose of vending mechandise or services, and the persons so licensed may be the owners of such machines or may be the occupiers of premises where they are operated;
  • (h) the licensing of persons operating trailer parks and mobile home parks and the fixing of fees on a daily, weekly, monthly or other periodic basis based on the number of trailers or mobile homes using such parks during such period in lieu of, or in addition to, levying personal property taxes in respect of such trailers and mobile homes;
  • (i) the licensing, regulation and definition of clubs which are not subject to being licensed under this Part as carrying on a business, and for requiring such clubs at all times to have a manager and for licensing such manager;
  • (j) the licensing and regulation of any person or firm engaged in the construction, repair or demolition of buildings, walls and water and sewer lines;
  • (k) the licensing of persons who solicit or collect gifts or alms, or the promise thereof, whether in the form of merchandise or otherwise, and for preventing such soliciting or collecting on any street without a permit issued under the provisions of the by-law;
  • (l) the licensing of persons who conduct or manage bazaars, shows, exhibitions and entertainment for, or represented to be for, charity or any humanitarian, philanthropic or patriotic object;
  • (m) the licensing of persons who operate taverns or beverage rooms or lounges or night clubs;
  • (n) the requiring that a licensee under this Part shall not refuse to sell any goods or furnish any service to a person by reason only of such person’s race, creed or colour.

274 A license shall terminate on the thirty-first day of December of the year in which it is granted and, save that the license fee may, if the Council so provides, be reduced by one-half in respect of a person or firm who becomes liable to be licensed only after the thirty-first day of July in any year, or such other date as may be determined by the Council, there shall be no reduction in the amount of the fee by reason of the shortness of the license period, provided, however, that where a business is normally carried on in the City for a shorter period than a year the license may be granted for such shorter period and for such reduced fee as the Council decides.

275 License fees imposed under this Part shall be payable in advance.

276 The granting or refusing of a license to an applicant therefor, and the revocation or suspension of a license which has been granted, shall be deemed to be in the discretion of the Council and the Council may grant, refuse, revoke or suspend a license but, except in the case of a licensee who by reasonable efforts cannot be found, the Council shall not revoke a license without giving the holder thereof an opportunity to be heard.

277 A person who maintains more than one place at which he carries on a business shall be deemed to be carrying on his business at each of such places and to be subject to being licensed with respect to each place.

278 The Council may, by by-law, designate an officer of the City to administer any or all of the by-laws enacted under this Part and may further provide that such officer so designated shall exercise any or all of the following powers:

  • (a) grant a license in cases where he is satisfied the applicant has complied with the requirements of all relevant by-laws;
  • (b) suspend summarily for such period as he may determine any license if the holder of the license
    • (i) is convicted of any related offence under any Statute of Canada or any Act of the Legislature,
    • (ii) is convicted of any related offence under any by- law of the City with respect to the business for which he is licensed or with respect to the relevant premises,
    • (iii) has, in the opinion of such designated officer, been guilty of such gross misconduct in or with respect to the licensed premises as to warrant the suspension of his license;
  • (c) recommend to the Council in writing the suspension or revocation of any license, setting out the reasons for such recommendation.

279 Any person whose license has been suspended under Section 278 may appeal to the Council in accordance with a procedure prescribed for the purpose by by-law, and upon such appeal the Council may confirm or may set aside or vary such suspension on such terms as it may think fit.

PART VI

BOARDS AND COMMISSIONS SCHOOL BOARDS

280 The City shall be one school section and the control and management of the public schools of the City shall be vested in a Board of School Commissioners for the City which shall be a body corporate and which shall, subject to this Act, have the powers and perform the duties conferred and imposed upon school trustees, municipal school boards and boards of school commissioners by the Education Act.

281 The commissioners may be paid by the Board such remuneration as the Board, by resolution, determines and the chairman of the Board may be paid by the Board such additional remuneration as the Board, by resolution, determines.

282 Any commissioner who becomes disqualified under any of the provisions of the School Boards Membership Act shall vacate his seat and the Board shall, by resolution, declare such seat to be vacant.

283 The Board of School Commissioners shall, subject to the Education act, have the exclusive control and management of the public schools of the City and shall have the management and control of the school buildings, including the maintenance and repair thereof, and shall plan school buildings and additions thereto and supervise the construction of school buildings and shall recommend to the Council the appointment of architects and consultants for the construction of schools, or additions thereto, and the Board may appoint and dismiss teachers and employees for such schools and may make all necessary regulations with respect to

  • (a) the conduct of business at meetings of the Board and at any meeting thereof and the rules of order and proceedings at such meetings;
  • (b) the duties of the employees of the Board;
  • (c) the maintenance of order and discipline in schools, the general welfare of the pupils, the proper care and supervision of school property and the carrying out of the duties imposed upon the Board by the Education Act;
  • (d) the designation of areas within the City with respect to each school or department within which the pupils attending such school or department must reside;
  • (e) the conduct and duties of pupils and other persons using the property and equipment under the control and management of the Board, the care and protection of such property and equipment and the hours during which the schools may be open;
  • (f) the preservation, destruction or other disposal of records of the Board, except the following records:
    • (i) records affecting the title to real property or liens thereon,
    • (ii) plans and surveying records,
    • (iii) records required to be retained by any statute,
    • (iv) the minutes, by-laws, regulations and resolutions of the Board and of any committee of the Board,
    • (v) books of account and records of receipts and expenditures,
    • (vi) requests and authorizations relating to the destruction, preservation or other disposal of records.

284 (1) The Council may make by-laws authorizing the principal of a school or an agent acting on his behalf to serve a written notice on anyone found in a school building or upon grounds used in connection with a school and who is not enrolled as a pupil at that school requiring him to vacate the school buildings and grounds immediately and not to enter therein again except with the written consent of the school principal.

(2) A by-law made under this Section may provide that any person who enters in or upon a school building or grounds in violation of such notice is guilty of an offence.

(3) Any person found in a school building or upon grounds used in connection with a school in violation of a notice prohibiting such entry is liable to be arrested by a police officer, removed from the property and charged with an offence under a by-law made pursuant to this Section.

285 At the first meeting of the Board in January in each year, the Board shall elect a chairman and a vice chairman, who shall, if they continue members of the Board, remain in office until their successors are elected.

286 The Board may appoint a secretary and such other officers and employees as it determines and fix the salaries of such officers and employees.

287 (1) The Board shall yearly, not later than the fifteenth day of February, submit to the Council an estimate of the amount required for purposes of the Board for the current year, including any deficit in the preceding year, and the Council shall provide for the amount so estimated in preparing its estimates and making its annual rate under Sections 266 and 267 of this Act.

(2) Such estimate shall not include any proposed expenditure for repairs or improvements of an unusual or extraordinary nature of for the construction of a new building or for the purchase of any land.

288 (1) The Council before the first day of March

  • (a) shall approve and include in its estimates for the current year the sums of the estimate submitted by the Board for its business administration costs and the difference between the shareable costs approved by the Minister of Education under the Education Assistance Act and the provincial grants in respect of these costs;
  • (b) may approve, reduce, alter or delete the sums of the estimate submitted by the Board not coming under clause (a) and shall provide and include in its estimates for the current year, the sums so approved.

(2) If the Council shall reduce the amount of such estimate, the City Clerk shall, in writing, on or before the first day of April, so advise the Board, specifying the particulars of such reduction, and the Board may, within fourteen days after receipt of such advice, appeal from the action of the Council to the Governor in Council, who shall hear such appeal and if the same is allowed, shall order the Council to provide an additional sum to the Board not exceeding the amount of such reduction for the support and maintenance of the schools under the charge of the Board;

(3) The Governor in Council shall give notice to the City Clerk of the time and place of the hearing of any such appeal and the Council may attend and be heard and be represented on such hearing;

(4) An appeal under this Section shall be determined by the Governor in Council within fourteen days from the date of the hearing and such determination shall be communicated to the City Clerk and to the Board.

(5) If the decision of the Governor in Council is that the Council shall provide for the Board all or any portion of the amount by which the estimate of the Board was reduced, the City shall provide the amount so ordered and may borrow the same from any bank or person who will advance the same, and include the same, with the interest thereon, in the general estimates of the City for the next ensuing civic year and repay such borrowing therefrom.

289 The Council shall, from time to time, on the requisition of the Board, pay over to the Board the amount of the estimate of the Board approved by the Council, pursuant to subsection (1) of Section 288, together with such additional amount as shall be determined by the Governor in Council, pursuant to subsection (5) of Section 288.

290 (1) The Board shall deposit in the name of the Board in a chartered bank all monies received by it.

(2) Unless otherwise provided by resolution of the Board, the chairman or such other persons as the Board may, from time to time, appoint for the purpose, shall sign jointly with the secretary or treasurer of the Board, all cheques issued by the Board.

(3) The Board, by resolution, may authorize the signing officers of the Board to issue for each pay period a single cheque covering the total amount of the payroll and the cheque shall be deposited in a bank in a salary account, and be paid out upon cheques signed by the secretary or treasurer alone as may be provided in the resolution.

(4) The Board may, by resolution, authorize the secretary or treasurer alone to sign and issue cheques for such purposes and amounts as may be specified in the resolution.

(5) Any signature required by this Section may be printed, lithographed or otherwise mechanically reproduced, if authorized by resolution of the Board.

(6) The authority given by a resolution under this Section shall be considered a continuing authority until the resolution is rescinded.

291 If the Council refuses or neglects to make provision for or pay over the sums mentioned in Section 289 or if the Board requires any portion of such sums before the same is realized from the annual rates, the Board may borrow such sum, or so much thereof as is required, from any bank or person who will advance the same and the amount so advanced may be recovered by the lender in an action against the City for money paid and all sums required to repay such amount so borrowed, and interest thereon shall be included in the estimate of sums required for school purposes, furnished by the Board under this Act.

292 In any case in which the amount set out in the estimate approved or determined, as hereinbefore provided in respect of any service of the Board, is not required in any year for that service, or if the total amount so provided for such service is in excess of the amount required for such service, the Board may apply such amount or such excess amount to any other service of the Board, if the Council, by resolution, approves.

293 The Board shall not, without the approval of the Council, expend in any year a greater amount than the amount estimated and approved or determined by agreement or on appeal, as hereinbefore provided, and any monies received by the Board in excess of such amount and all monies not expended by the Board at the end of the calendar year shall be deemed unexpended balances and shall be paid to the City Treasurer, to form part of the current surplus of the City.

PART VII

LIENS AND TAX COLLECTION

294 (1) The City Treasurer, if requested, shall make a search in the assessment or tax roll in respect of any assessable parcel of land or other property and if required shall issue a certificate containing

  • (a) amounts of current taxes and arrears and interest payable with respect to the said parcel or other property, and whether or not all taxes in respect of the parcel or other property have been paid;
  • (b) a brief description of any local improvement works and the location thereof in progress at the date of the certificate in respect of which a local improvement tax will subsequently be assessed against such parcel or other property;
  • (c) a brief description of any local improvement works and the location thereof which have been completed at the date of the certificate and for which no assessment for a local improvement tax has been made, but for which such an assessment will subsequently be made.

(2) The City Treasurer shall not issue any certificate until the fee therefor has been paid.

(3) The Council, by by-law, may fix the fees not to exceed five dollars to be paid for searches and certificates.

(4) The Treasurer shall not include in any one certificate more than one parcel or property, as assessed by the Director of Assessment for the Province or a person designated by him, and the Director or such person shall, upon the request of the Treasurer, inform the Treasurer as to the property included by him in any assessment.

(5) Any certificate issued by the City Treasurer under the authority of this Section shall be binding upon the City according to its terms, in favour of the person to whom the same was issued and his heirs, executors and administrators and his or their successors in title to the property in respect of which the certificate was issued.

(6) The vendor or mortgagor of any real property in the City shall, at the request of the purchaser or mortgagee, and prior to the delivery of a deed or conveyance of or execution of the mortgage upon such real property, obtain from the Treasurer a certificate respecting such real property issued as herein provided, – and shall deliver the same to the purchaser or mortgagee.

PART VIII

CITY COURT

295 There shall be in the City, a court of law and of record, to be called the Dartmouth City Court.

296 (1) The City Court shall be presided over by

  • (a) the Stipendiary Magistrate for the City; or
  • (b) a deputy stipendiary magistrate for the City when the Stipendiary Magistrate for the City so requests or whenever the said Stipendiary Magistrate is for any reason incapacitated or disqualified or is absent from the City, or whenever the office of Stipendiary Magistrate for the City is vacant, or
  • (c) any provincial magistrate or deputy provincial magistrate.

(2) In this Part, with the exception of subsection (1), “magistrate” means the person from time to time presiding in the Court.

297 (1) The Governor in Council may, from time to time, appoint a barrister of the Supreme Court of at least five years standing, to be Stipendiary Magistrate for the City and may, from time to time, appoint one or more barristers of the Supreme Court to be deputy stipendiary magistrates for the City.

(2) Every magistrate shall hold office during good behaviour.

298 (1) The Chief Administrative Officer, if any, or the Council shall appoint a Clerk of the City Court to perform the duties from time to time prescribed by the Chief Administrative Officer or by the Council, or as may be provided by the rules of the Court.

(2) The Clerk of the City Court shall hold office during pleasure of the Chief Administrative Officer, if any, or of the Council.

(3) The Chief Administrative Officer, if any, or the Council may appoint one or more deputy clerks and a deputy clerk may perform the duties of the Clerk of the City Court.

299 The Council may approve of a form of seal, to be the seal of the Court and any such seal shall be kept by the Clerk of the Court and shall be affixed to all process of the Court.

300 Every matter and proceeding in the City Court and all business arising out of the same, whether civil or criminal, shall be heard, determined and disposed of before a single magistrate and, in all such cases, any magistrate sitting in Court shall be deemed to constitute a Court.

301 (1) The City Court shall have jurisdiction to try and determine in a summary way, without a jury, the following actions where the defendant resides or the cause of action arose in the County of Halifax:

  • (a) any action of debt or in contract, where the amount claimed does not exceed five hundred dollars, whether such amount consists of
    • (i) an entire transaction of account, or
    • (ii) a balance upon an account stated and settled before action, or
    • (iii) a balance, the original amount due having been reduced by payments of cash or admitted credits; and
  • (b) any action of tort in which the title or right to possession of real property is not in dispute and the amount claimed by way of damages does not exceed five hundred dollars.

(2) Where the defendant claims and proves a set-off or counter-claim of greater amount than the plaintiff has proved, the Court may give a judgment for the balance, notwithstanding such balance exceeds five hundred dollars.

(3) Where the defendant resides outside the County of Halifax, the Clerk of the Court, on application being made to him to issue a writ of summons, shall refer the application to the magistrate who shall, having regard to the respective places of residence of the parties and the convenience of the parties and of witnesses and any saving of costs, decide whether the writ may be issued or not, and the Clerk shall not issue any such writ unless the magistrate decides that such writ may be issued out of the Court.

302 The magistrate may, subject to approval by the Attorney General, make rules governing the practice and procedure in the City Court and, without derogating from the generality of the foregoing and by way of example only, may make rules concerning

  • (a) the form and content of writs, pleadings and other process and documents to be used in the Court;
  • (b) actions by and against representative persons;
  • (c) the times limited for filing a defence and for judgment by default and for reopening default judgments;
  • (d) service of documents and substituted service; (e) security for costs;
  • (f) tender and payment into Court;
  • (g) sittings of the Courts and the conduct of trials; (h) execution;
  • (i) the times during which the office of the Clerk of the Court shall be open for the issue of process; and
  • (j) the costs and fees to be taken by the clerk, bailiffs, constables, solicitors and witnesses in the Court.

303 The Clerk of the Court shall provide a copy of the rules made under Section 302, amended to date, to any person requesting the same, at a reasonable price having regard to the cost of printing.

304 Non-compliance with any rule of the Court or with any statutory provision with respect to practice therein for the time being in force shall not render any proceedings void, unless the Court so orders, and such proceedings may, with leave of the Court, be amended as in like cases in the Supreme Court.

305 (1) The City Court is constituted a court of record for the trial of offences against the laws of Canada and the Province and all by-laws of the Council and the magistrate, when sitting as a Court for the trial of such offences, or when conducting a preliminary inquiry may exercise his powers and jurisdiction as a magistrate.

(2) The Court so constituted shall have and exercise the powers and duties conferred on magistrates by the Criminal Code, so far as the legislature of the Province can confer or require the same.

(3) The Governor in Council may specially authorize any magistrate, by the terms of his appointment, to exercise the jurisdiction conferred on a magistrate by Part XVI of the Criminal Code.

(4) The terms of the appointment of every magistrate shall be judicially noticed.

306 (1) Except where otherwise expressly provided, the City Court shall have jurisdiction to try and determine any offence against the laws of the Province or against this Act or against any other enactment relating to the City, or against any by-law of the City.

(2) Except where otherwise expressly provided, the Summary Proceedings Act shall apply to every matter and proceeding in a City Court, which is not within the civil jurisdiction of the Court and is not subject to the provisions of the Criminal Code or other laws of Canada.

307 Any process issued out of the City Court may be directed, if it is to be served or executed in the City, to any of the police constables of the City or to the bailiff or bailiffs of the City Court and if it is to be served or executed elsewhere in the Province to any constable or police constable of the place in which it is to be served or executed.

308 Any process issued out of a City Court may run into and be served or executed in any part of the Province by any constable, police constable or police officer within the place for which he is appointed or acts as such, and whether directed to him or not.

309 (1) When a defendant does not reside within the City, a plaintiff shall, before the issue of a writ of summons, deposit with the Clerk of the Court a sum equal to ten cents per mile of the distance between the residence of such defendant and the City.

(2) Such deposit shall not be returned until after the expiration of the time limited for appealing from any judgment in the action and in the event of an appeal, such deposit shall not be returned but shall be sent to the Clerk of the County Court with the papers in the cause.

(3) Such deposit shall be paid, in the case of appeal by the Clerk of the County Court, and in the case of no appeal by the Clerk of the City Court

  • (a) to the plaintiff, if final judgment is given in favour of the plaintiff; or
  • (b) to the defendant for his personal expenses in attending upon the trial if the plaintiff discontinues, or if judgment is for any cause given in favour of the defendant.

(4) This Section shall not apply in the case of a defendant residing out of the Province.

310 (1) The Court shall have the same power and jurisdiction to issue subpoenas for the attendance of witnesses to give evidence on the trial of causes and for the production of anything as is possessed or exercised by the Supreme Court in actions in such Court.

(2) If it is made to appear to the magistrate that a witness has been duly served with a subpoena and his fees for travel and attendance paid or tendered to him and that such witness refuses or neglects to attend to give evidence, as required by his subpoena and that his evidence is necessary and material, the magistrate may, in addition to any powers which he possesses for the punishment of such witness, issue a warrant under his hand in the like form as is used in the Supreme Court directed to any police officer, constable or peace officer for the immediate arrest of such witness, to be brought before the Court for the purpose of giving testimony.

311 (1) All judgments in the City Court shall be entered up and signed by the magistrate, or by the Clerk of such Court.

(2) The Clerk of the Court shall furnish a certified copy, if required, of any judgment in the Court and such certificate may be recorded in the office of any registrar of deeds in the Province and shall have the same effect, when recorded, as a record of a judgment in the Supreme Court or a County Court.

(3) The Clerk of the Court shall furnish a certificate of discharge of judgment, if required, upon being satisfied that the amount due upon the said judgment has been paid and such certificate of discharge shall be in such form as may be prescribed by the rules made under this Act.

(4) A judgment of the Court shall bear interest at the rate of five per centum per annum from the date of entry.

312 An officer, to whom an execution issued out of a City Court is delivered to be executed, shall execute the same in the mode sheriffs are required by law to execute writs of execution issued out of the Supreme Court and, for that purpose, such officer is invested with all the power and authority within the city, town or county for which he is appointed or within which he acts, which sheriffs have, possess or exercise within their respective bailiwicks.

313 (1) Any party to an action in the City Court who is dissatisfied with the decision or order in such action and feels aggrieved thereby may appeal therefrom to the County Court for District Number One, upon

  • (a) filing with the Clerk of the City Court not later than ten days after the date of the delivery of such decision, or of the granting of the order thereon, whichever is the later date, an affidavit of himself or of his solicitor, stating that he is dissatisfied with such decision or order and feels aggrieved thereby and that such appeal is not prosecuted solely for the purpose of delay; and
  • (b) filing with such Clerk at the same time, if he has given a bond on arrest or desires a stay of proceedings on any judgment that may be entered, pursuant to such decision or order, a cash bond or a bond executed by one or more sufficient sureties in the penal sum of not less than double the amount allowed by such decision or order, and not in any case less than twenty-five dollars with a condition that the appellant shall prosecute his appeal and abide by and fulfill the decision in judgment of the County Court to be given on such appeal and pay the costs accruing on the appeal or shall at any time before the trial on appeal pay the amount allowed by such decision or order, together with all costs occasioned by the appeal.

(2) Such appeal bond shall be prepared by the appellant.

(3) The names of proposed sureties shall, before the filing of the bond, be submitted in writing to the Clerk of the Court, to enable him to ascertain and determine their sufficiency.

(4) If the sureties are, in the opinion of the Clerk of the Court, sufficient, he shall write upon the appeal bond a certificate of his approval of the said bond and shall sign such certificate.

314 (1) An appeal shall, by leave of the Supreme Court or a judge thereof, lie to the Appeal Division of the Supreme Court from every judgment, order or decision of the City Court.

(2) The Rules of the Supreme Court shall apply to and govern the procedure on such appeals.

315 All fees and all monies for fines and penalties for the violation of any Act of the Legislature, or any by-law of the City received or recovered in the City Court shall, unless otherwise provided, form part of the general revenue of the City and the Clerk of such Court shall receive and make a return and payment of the same to the City Treasurer as required, provided, that if the magistrate is a provincial magistrate, all fees received by such magistrate, except fees in civil matters, shall be paid by the person receiving the same to the Provincial Treasurer.

PART IX

LEGAL PROCEEDINGS

316 (1) In this Part the expression “land” includes

  • (a) any land, whether held in fee simple or for any lesser estate or interest; and
  • (b) any stream, water course or land covered with water, or the right to dam up or stop the flow of water and thereby to overflow any land; and
  • (c) any easement or right in, upon or over any land or any other estate, right or interest therein.

(2) In this Part the expression “owner” includes a trustee, executor, guardian, curator, agent, or other person having the charge or control of any land.

317 (1) The Council may acquire by purchase, or otherwise for and on behalf of the City and for any purpose authorized by this or any other Act such land either within or without the City as the Council deems it expedient to acquire.

(2) If the Council desires to acquire land either within or without the City, the Council may negotiate with the owner or owners of such land or other persons interested therein for the acquisition of the land by agreement and if the Council considers that it cannot acquire clear title to the land at a fair price by agreement the Council may take steps to acquire the same by expropriation proceedings in the name and on behalf of the City.

(3) If the Council considers that it cannot by negotiation with the owners thereof, acquire clear title to land required by the City in connection with any plan of development or slum clearance or development of blighted or substandard areas of the City whether such plan of development or slum clearance or redevelopment of blighted or substandard areas is to be undertaken solely by the City or in conjunction with any other person the Council may take steps to acquire the same by expropriation proceedings in the name and on behalf of the City.

(4) If the owner or owners of land referred to in subsections (1), (2) or (3) or other persons having an interest therein are unknown to the Chief Administrative Officer, the Council, notwithstanding that negotiations have not taken place, may acquire title to such land by expropriation proceedings in the name and on behalf of the City.

318 Notwithstanding the Expropriation Act, 1973 nor any provisions of this Act, the Council may by resolution expropriate land reserved for street use in plans of subdivisions approved under the provisions of the Town Planning Act, and any person with any right, title or interest in such reserved land shall not be entitled to . any compensation therefor.

319 (1) Before any land is acquired by expropriation, the City Clerk shall cause a plan and a description of the land to be prepared and a list of the owners of the land, according to the last revised assessment roll or if the owner or owners are unknown to the Director or Assessment for the Province or a person designated by him, the word “unknown” shall indicate that fact on the list of owners.

(2) For any purposes relating to the proposed expropriation of land, any employee or agent of the city may enter upon the land and survey and examine the same and, if necessary in his judgment, may make borings or other excavations therein, and if the land is not acquired by expropriation, any damage to the land shall be paid by the City.

320 (1) Upon the receipt of the plan, description and list of owners, as provided in Section 319, the Council may resolve that the land shown on the plan so described shall be expropriated and shall determine the compensation to be paid therefor.

(2) A resolution of expropriation shall contain

  • (a) a brief description of the land or lands to be expropriated;
  • (b) the names of the owners thereof, according to the last revised assessment roll and if any such owner or owners are unknown to the Assessor, the word “unknown” shall indicate such fact on the list of owners;
  • (c) a statement of the purpose for which the land is required.

321 The compensation or damages that may be agreed upon or awarded for any land taken or injuriously affected, stands in the stead of the land, and is subject to the limitations and charges if any, to which the land was subject, and any claim to or encumbrance upon the land or to or upon any portion thereof shall, as against the City, be deemed to be converted into a claim to the money so agreed upon or awarded or to a like proportion thereof.

322 If the City requires a certificate of title, in respect to land expropriated, the Registrar of Deeds shall furnish the same for a fee as provided from time to time by the Costs and Fees Act and the same shall be paid by the City.

323 The City may raise or lower the level of any street and no action shall be maintained against the City or against any person performing any work required for the said purpose for any injurious affection suffered by any person.

324 For any purposes relating to cleaning, repairing and reconstructing ditches, brooks, and drains any official or employee of the City may enter upon any land in the City and the City shall pay for any damage to the land caused by any official or employee or in lieu of paying for the damage the City may repair and restore the damaged property and pay for the remaining damage if any.

ACTIONS AGAINST THE CITY

325 (1) Where any by-law or resolution is illegal in whole or in part, or where anything has been done under it that by reason of such illegality gives any person a right of action, no such action shall be brought until thirty days has elapsed after the by-law or resolution has been quashed or repealed nor until thirty days’ notice in writing of the intention to bring the action has been given to the City.

(2) Every such action shall be brought against the City alone, and not against any person acting under the by-law or resolution.

(3) Every such action shall be brought within twelve months of the date of the quashing or repeal of such by-law or resolution, otherwise the right of action is barred and extinguished.

326 (1) Where the City tenders amends to the plaintiff or his solicitor, if such tender is pleaded and, if traversed, is proved and no more than the amount tendered is recovered, the plaintiff shall have no costs but costs shall be taxed to the defendant on such scale as the presiding judge may direct and shall be set off against the amount recovered and the balance due to either party may be recovered as in ordinary cases.

(2) The tender of a cheque of the City payable to the claimant constitutes a legal tender of payment of a claim against the City, other than a claim founded on a cheque or note.

(3) The Council upon any claim being made or action brought for damages for alleged negligence on the part of the City may tender or pay into court, pursuant to the rules of court in that behalf, such amount as it may consider proper compensation for the damages sustained, and in the event of the non-acceptance by the claimant of the tender or of the amount paid into court and on the action being proceeded with, and no greater amount being recovered than the amount so tendered or paid into court, the costs of the suit or the costs of the suit subsequent to the payment into court in case no tender has been made, shall be awarded to the defendants, and set off against any amount recovered against them.

QUASHING BY-LAWS AND RESOLUTIONS

327 (1) Any person may by notice of motion apply to a judge to quash any by-law, order or resolution of the Council, in whole or in part, for illegality.

(2) The judge, upon such motion, may quash the by- law, order or resolution in whole or in part and may, according to the result of the application, award costs for or against the City and may determine the scale of the costs.

(3) The notice of motion shall be served at least seven clear days before the day on which the motion is to be made.

(4) Before any such motion is made the applicant, or where the applicant is a corporation some person on its behalf, shall enter into a recognizance before the prothonotary or clerk of the court himself in the sum of one hundred dollars, with two sureties each in the sum of fifty dollars, of which it shall be a condition that the applicant will prosecute the motion with effect and pay any costs that might be awarded against him.

(5) The prothonotary or clerk of the court may allow the said recognizance upon the sureties entering into proper affidavits of justification and thereupon the same shall be filed in the court with the other papers relating to the motion.

(6) In lieu of the recognizance mentioned in subsections (4) and (5), the applicant may pay into court the sum of one hundred dollars as security for any costs that might be awarded against him, and the certificate of payment into court shall be filed in the court with the other papers relating to the motion.

(7) Upon the determination of the proceedings the judge, in his discretion and having regard to the result of the application, may order the money paid into court to be applied in the payment of costs or to be paid out to the applicant.

(8) All moneys required to be paid into or out of court under this Section shall be paid in and paid out in like manner as moneys are paid into and out of court in actions pending in the court.

(9) No application under this Section to quash a by- law, order or resolution in whole or in part shall be entertained unless the application is made within two months after the adoption of such by-law, order or resolution except where a by-law requires the approval of the Minister and the by-law has not been submitted to or has not received the approval! of the Minister, in which case an application to quash the by-law may be made at any time.

328 Every penalty and license fee imposed under the provisions of this Act may, unless any other provision is specially made in respect thereof, be recovered and enforced with costs on summary conviction before a magistrate.

329 Any penalty or fine under any by-law of the City shall, if no other provision is made respecting it, belong to and form part of the general revenue of the City.

330 Where duties, obligations or liabilities are imposed by law upon any person, or where contracts or agreements are or have heretofore been created, enacted or validated by any statute imposing such duties, obligations or liabilities, the City may by action

  • (a) enforce such duties or obligations and the payment or discharge of such liabilities;
  • (b) obtain as complete and full relief; and
  • (c) enforce the same remedies,

as could have been obtained and enforced therein by the Attorney General, had he been a party to the said action as plaintiff, or as plaintiff upon the relation of any person interested.

331 Where any building is erected or is being erected or is being used, or where any land is being used, in contravention of any by-law of the City, or where the breach of a by-law is anticipated or is of a continuing nature or where any person is carrying on business or is doing any act, matter or thing without having paid any license or permit fee required to be paid in respect thereof, then in addition to any other remedy and to any penalty imposed by the by-law, the City may, in any of said cases, apply to a judge by way of action or originating notice for an injunction or other order, and the judge may grant or refuse the injunction or other order or may make any other order that in his opinion the justice of the case requires, and an appeal to the Supreme Court, Appeal Division lies from any order made by a judge hereunder.

332 (1) Where any conviction founded upon the breach of any by-law of the City is appealed against to the court or tribunal empowered to hear and determine appeals against summary convictions, and any question arises upon the hearing of such appeal in regard to the validity of the by-law or the right of the City or the Council to pass the same, any person aggrieved by the decision of the court or tribunal may require the court or tribunal to state and sign a case, setting forth the facts of the case and the grounds upon which the validity of the by-law or the right of the Council to pass the same is questioned, to the Appeal Division of the Supreme Court.

(2) The Court shall hear and determine the question of the validity of the by-law and the right of the Council to pass the same, and shall thereupon affirm, reserve or modify the decision, order or determination in respect of which the case has been stated, or remit the matters to the court below with the opinion of the court thereon and: may make such other order in relation to the matter and such orders as to costs as to the court seems fit.

(3) All such orders are final and conclusive as against all parties.

333 (1) In the Supreme Court, Trial Division, any person claiming any legal or equitable right in a case where the determination of the question as to whether he is entitled to the right depends upon the construction of this Act or any by-law or regulation of the City may apply by originating summons for the determination of such question of construction and for a declaration of the right as claimed.

(2) The procedure on the application shall be according to the directions of the Court or Judge.

334 (1) Any execution order against the City may be endorsed with a direction to the sheriff of the County of Halifax to levy the amount thereof by rate.

(2) Where the sheriff is directed to levy by rate, he shall deliver a copy of the order and endorsement to the City Clerk with a statement in writing of the amount required to satisfy the execution, including the amount of interest calculated to a date, as near as is convenient to the date of the service, and sheriff’s fees.

(3) If the amount, with interest thereon from the date mentioned in the statement, is not paid to the sheriff within thirty days after service, the sheriff shall examine the assessment roll of the City and shall, in like manner as rates are struck for general City purposes, strike a rate on the dollar sufficient to realize the amount claimed with such addition to the same as the sheriff deems sufficient to cover the interest and his own fees up to the time when the rate will probably be available.

(4) The sheriff shall thereupon issue an order under his hand and seal of office directed to the Treasurer and shall attach thereto a statement of the rate struck by him and shall by the order, after reciting the writ and that the City has neglected to satisfy the same and referring to the rate attached to the order, command the Treasurer to levy the rate at the same time and in the same manner as the general annual rates.

(5) At the time for levying the annual rates next after the receipt of the order, the Treasurer shall add a column to the tax roll headed “Execution rate in A.B. versus the City of Dartmouth”, adding a similar column if there are more executions than one, and shall insert therein the amount that is required to be levied upon each person respectively pursuant to the order and shall levy the amount of the execution rate and shall, within the time that he is required to make the returns of the general annual rate, return to the sheriff the order with the amount levied thereon, deducting his percentage.

(6) The sheriff, after satisfying the execution and all fees thereon, shall return any surplus within ten days after receiving the same to the Treasurer for the general purposes of the City.

(7) The City Clerk, the Treasurer and the Director of Assessment for the Province or a person designated by him shall, for the purpose of carrying into effect or permitting or assisting the sheriff to carry into effect the provisions of this Act with respect to such execution, be deemed to be officers of the court from which the order issued, and as such may be proceeded against by attachment, mandamus or otherwise to compel them to perform the duties hereby imposed on them.

MISCELLANEOUS MATTERS

335 Debts or moneys owing by any person or municipality to the City or to any board or commission whose funds are derived in whole or in part from the City or for the payment of whose deficit, in whole or in part the City is liable, may be set off against any debts or moneys owing to the same person or municipality by the City or such board or organization, as the case may be.

336 (1) All lost or unclaimed property in the possession of the City or any department thereof shall be retained for three months.

(2) If not claimed within three months the City may dispose of the property by public auction, and any property offered for sale by public auction and not sold thereat may be otherwise -disposed of as the Council directs.

(3) The purchaser at such auction or otherwise becomes the owner of the property and any claim of the earlier owner shall be converted into a claim for the proceeds of sale, after the charges have been deducted for hauling, storage and other necessary expenses, including the costs of sale, that have been incurred by the City.

(4) If no claim is made to such proceeds within one year from the date of sale the proceeds form part of the general revenue of the City.

337 Any person who violates any of the provisions of this Act for the violation of which no punishment has been specifically provided is guilty of an offence and liable on summary conviction to punishment by imprisonment for any term of not more than one year, or to be fined not more than five hundred dollars, or to both such fine and imprisonment.

338 Any official of the City

  • (a) who refuses, neglects or fails to discharge the duties of his office;
  • (b) who knowingly signs any statement, report or return that is required by this Act, or any other enactment in force in the Province, and that contains any false statement; or
  • (c) who refuses or neglects to hand over to his successor in office, or to such persons as are designated in writing to him by the Council or by the Minister, all moneys, books, papers and other property of the City in his possession, in addition to any civil liability that he may incur,

is guilty of an offence and liable on summary conviction to a fine of not more than one hundred dollars and in default of payment to imprisonment for a term not exceeding thirty days.

339 (1) If the Council passes a resolution

  • (a) requesting that an inquiry be made into any matter mentioned in the resolution and relating to an alleged malfeasance, breach of trust or other misconduct on the part of a member of the Council, an officer or other official, an employee or agent of the City, or any person having a contract therewith, in relation to the duties or obligations of such person to the City; or
  • (b) requesting that inquiry be made into or concerning any matter connected with the good government of the City or the conduct of any part of the public business thereof, the Attorney General shall appoint a judge or some other suitable person to make the inquiry.

(2) The person so appointed shall, with all convenient promptitude, enter upon the inquiry and upon the conclusion thereof, shall report to the Attorney General and to the Council the result of the inquiry and the evidence taken thereon.

(3) The person appointed has, for the purpose of the inquiry, all the powers of a commissioner under the Public Inquiries Act.

(4) Such person is entitled to receive and shall be paid such fees as may be fixed by the Council.

(5) The Council may engage and pay counsel to represent the City and may pay all proper witness fees to persons summoned to give evidence at the instance of the City.

(6) Any person charged with malfeasance, breach of trust or other misconduct, or whose conduct is called in question, may be represented by counsel.

340 The Mayor or other member presiding at any meeting of the Council or of any committee of the Council may

  • (a) require any person appearing before the Council or committee or making any claim or submission to the Council or committee to do so under oath; and
  • (b) administer the oath or affirmation to any such person.

341 (1) The Council, at any time by resolution, may appoint a committee of its members to investigate and make inquiry into or concerning any matter connected with the good government of the City, or with the administration of any of the public utilities under the control of the City, whether such matter involves any charge against any official or employee of the City or not.

(2) The Council may by the said resolution authorize the committee to engage counsel and such other skilled persons and clerical assistants as the committee may deem necessary to assist them in their investigation.

(3) Where the matter to be investigated or inquired into concerns any charge against any official or employee of the City, or where during the investigation any charge against any such employee arises, the committee so appointed may summon such official or employee before it to answer the charge.

(4) The committee may summon witnesses and take evidence under oath.

(5) The committee may pay all costs, charges and expenses incurred by them in and about such investigation.

(6) The committee shall report the result of the inquiry to the Council.

342 No person shall, by reason of the adverse or unauthorized possession, occupation, enjoyment or use of any land owned by the City or of any street within the City and shown upon any plan of subdivision or dedicated for use as a street, whether adopted by the City as a street or not, obtain any estate or interest therein or in any such land by reason of such adverse possession, occupation, enjoyment or use thereof, and it shall be deemed that no such right has heretofore been so acquired.

343 Where it is satisfied that the interests of the City are concerned in any proceeding, inquiry or hearing by any board or commission appointed under any Act of the Parliament of Canada, or of the Legislative Assembly, the Council may provide for the representation of the City thereat and may defray the expenses incurred in relation thereto.

344 The Council may, as the occasion requires, provide for the revision and consolidation of the charter and by-laws of the City or any of them.

345 The Council shall have power to settle and compromise any claim, action or proceeding made or taken by or against the City.

346 (1) No action shall be brought against the City or against any committee, board or commission of the City or against any person acting on behalf of the City or such committee, board or commission, until thirty days’ notice in writing, specifying the cause of action is given and at the trial the plaintiff shall be confined to the cause of action stated in such notice.

(2) No action shall be brought against the City or any such committee, board or commission or any such person after the expiration of one year after the act or omission for which the action is brought.

(3) No action shall be brought against the City for wages of an employee of the City by the assignee of such wages and the City may satisfy its indebtedness for wages by payment to its employees when the wages have been assigned.

347 No employee, servant or agent of the City shall be held personally liable for any failure to inspect, or for negligence in carrying out such inspection, where any duty to inspect is imposed by this or any other Act or any by-law of the City.

348 Where the City is found liable for damages

  • (a) in consequence of the unsafe condition of any sidewalk or street of the City, or of any nuisance or incumbrance thereon; or
  • (b) in consequence of the breach or neglect of any law or of any by-law of the City, it shall have a remedy over and a right to indemnify itself for all such damages and for costs and expenditures which it has incurred in connection therewith against the person by whose act or omission such sidewalk or street was rendered in an unsafe condition, or such nuisance or encumbrance was caused, or such breach or neglect existed.

349 (1) Where the City is obliged to pay any loss or damage occasioned by the performance of, or omission to perform, any act prohibited or required by the Parliament of Canada, or the Legislature, or by any by-law or resolution of the City, on the part of any person upon whom such Parliament, Legislature or City confers any right, privilege or easement into, under, over or upon any street or sidewalk of the City, the City shall have a remedy over and a right to indemnify itself against the person, whose act or omission occasioned the loss or damage.

(2) The amount of such loss or damage, with all costs and expenses incurred by the City in connection therewith, may be recovered against such person by the City in any court of competent jurisdiction as a debt due to the City.

350 (1) Subject to the provisions of any statute relating thereto, the Council may by resolution determine that certain records of the City may be preserved, destroyed or otherwise disposed of.

(2) The Council may, by resolution, regulate the manner in which the preservation, destruction or other disposal of such records may be effected.

(3) The following records of the City shall not, in any event, be destroyed:

  • (a) records affecting the title to real property or liens thereon;
  • (b) plans and surveying records;
  • (c) records of the City Court and of any police court and City civil court;
  • (d) records required to be kept by the provisions of any statute;
  • (e) the minutes, ordinances, by-laws, regulations and resolutions of the Council or of any committee, board or commission of the City;
  • (f) books of account, records of receipts and expenditures, tax ledgers, assessment rolls and records of sale of land for taxes;
  • (g) requests and authorizations relating to the destruction, preservation or other disposal of records.

(4) No record of the City or of any committee, board or commission of the City shall be destroyed pursuant to any resolution or regulation of the Council, unless and until the City Solicitor or the Chief Administrative Officer, has, in writing, approved of the destruction of the ‘same.

(5) Where any records have been destroyed as hereinbefore provided, entries and memoranda in books of accounts or other records of the City referring or relating to such records so destroyed shall constitute prima facie evidence of the existence and contents of the records so destroyed to the extent to which the same or the contents thereof are contained in such entries or memoranda.

351 (1) The Council may from time to time by resolution appoint such day or days as it may determine to be civic holidays within the meaning of Section 43 of the Bills of Exchange Act.

(2) The natal day of the City may be observed on such day in each year as the Council may, from time to time, by resolution appoint.

352 (1) Division line fences between lots in the City shall be made and maintained by the owners of the lots, each such owner making and maintaining an equal share of the fence.

(2) Unless the owners of adjoining lots otherwise agree, every division fence shall be such as a fence viewer directs.

(3) The Chief Administrative Officer, if any, or the Council may appoint persons to be fence viewers in the City and every person so appointed shall, within the City for which he is appointed, have the powers and perform the duties of fence viewers under the Fences and Impounding of Animals Act.

(4) The Council shall prescribe the fees to be paid fence viewers.

PART X

MISCELLANEOUS PROVISIONS AND REPEAL OF ACTS

353 All lands and other property vested in the Commissioners of Dartmouth Park at the date of coming into force of this Act are vested in the City.

354 (1) Every by-law made by the Council under the authority of this or any other Act shall have the force of law.

(2) Every by-law made by the Council under the authority of any of the Sections set out in Part II of the Schedule and every resolution passed by the Council under the authority of any of the said Sections is subject to the approval of the Minister and no such by-law or resolution shall be effective until so approved.

(3) Notwithstanding the approval of any such by-law as aforesaid, the Minister may subsequently revoke his approval of the same and, after such revocation, the by-law shall cease to have any force or effect.

(4) Two copies of every by-law made by the Council under the authority of this or any other Act shall be certified by the City Clerk to be true copies and shall be transmitted to the Minister.

(5) Two copies of every resolution passed by the Council under the authority of any of the Sections set out in Part II of the Schedule shall be certified by the City Clerk to be true copies and shall be transmitted to the Minister.

355 The Acts and Sections of Acts set out in Part III of the Schedule are repealed.

356 The repeal of the Acts and Sections thereof referred to in Section 355 shall not affect any rights of the City or any liability for taxes, rates and betterment charges and all such taxes, rates and betterment charges may be collected by the City and payment thereof enforced in the same manner and with the same remedies as if the said Acts and Sections thereof were still in full force and effect.

357 Upon application by the Council the Governor in Council may declare a provision contained in any Act relating to the City to be in full force and effect if, in the opinion of the Governor in Council,

  • (a) the subject matter of the provision is not adequately dealt with in this Act;
  • (b) the provision is not contrary to or inconsistent with the provisions of this Act; and
  • (c) the provision is necessary for the proper and efficient administration of the City.

358 If anything to be done within a number of days or at a time fixed by or under this Act cannot be or is not so done, the Minister, by order from time to time, may appoint a further or other time for doing it, whether the time at or within which it ought to have been done has or has not arrived or expired, as the case may be.

359 This Act is declared to be and shall be deemed to be a consolidation of Chapter 89 of the Acts of 1970, the Dartmouth City Charter, and the amendments thereto to and including the Acts of 1977, to the extent to which it is identical in substance to said Chapter 89 as so amended, and this Act shall be so interpreted and construed.

FORM 20 (Section 97)

OATH OF MAYOR AND ALDERMEN

I, A.B., make oath and say that I will duly and faithfully fulfill the duties of Mayor (or Alderman) while I hold such office, according to the best of my judgment and ability.

So help me God. (Schedule Form 20)

SCHEDULE PART II

List of Sections, action under which, whether by by-law or resolution, is subject to approval of the Minister:

8; 9; 10, 69; 119; 130; subclauses (a), (b), (i), (j), and (k) of 134; 139; 143, 151; 152; 153; 156; 157; 159; 161; 165; 166; 170; 177; 178; 179; 182; 186; 227; 230; 239; 248; 249; 250; 272; 273; 278; 279 and 284.

SCHEDULE PART III

Acts and Sections of Acts repealed when this Act comes into force:

Year, Chapter, Extent of Repeal

R.S. 1967, 14, Section 204 as enacted by Chapter 57 of the Acts of 1975

1970, 89, The Whole

1970-71, 76, The Whole

1970-71, 77, The Whole

1972, 70, The Whole

1973, 76, The Whole

1974, 51, The Whole

1975, 67, The Whole

1975, 68, The Whole

1976, 5, Sections 2, 3, 4, and 5

1976, 44, The Whole

1977, 64, Section 1

1977, 79, The Whole

“An Act Relating to the City of Dartmouth, Dartmouth City Charter”, 1978 c43A