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The Local Government Districts Act
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This version is current as of August 30, 2016.
It has been in effect since June 14, 2012.

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C.C.S.M. c. L190

The Local Government Districts Act

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

Definitions

1           In this Act,

"award" includes an order, decision, settlement or appointment; (« décision »)

"district" means a local government district incorporated under this Act; (« district »)

"minister" means the member of the Executive Council charged by the Lieutenant Governor in Council with the administration of this Act. (« ministre »)

"rateable property" means real or personal property that is assessable property, as defined in The Municipal Assessment Act, and that,

(a) under The Municipal Assessment Act, is subject to taxation, or

(b) is not subject to taxation and for which a grant is made in the place of taxes. (« biens taxables »)

S.M. 1989-90, c. 24, s. 87.

Indian Reserves excluded

1.1         Despite any Act of the Legislature,

(a) land within an Indian Reserve is not part of the area of any local government district;

(b) persons residing within an Indian Reserve are not residents of any local government district; and

(c) any description of the boundaries of a local government district or the area within a local government district is deemed to provide that land within an Indian Reserve is excluded from the local government district.

S.M. 1996, c. 58, s. 459.

PART I

LOCAL GOVERNMENT DISTRICTS

Incorporation by regulation

2(1)        The Lieutenant Governor in Council may by regulation

(a) incorporate or continue as a local government district the inhabitants of an area or areas that is or are wholly or partly in unorganized territory or in a disorganized municipality; and

(b) establish or confirm the area or areas or boundaries of the local government district.

Name of district

2(2)        A district shall be named as follows:  "The Local Government District of                    ."  (inserting where indicated the particular name of the district).

Validation

2(3)        The regulation entitled "Local Government Districts Incorporation and Boundaries Regulation" made by the Lieutenant Governor in Council on December 14, 1988 is validated and deemed to have been lawfully made.

S.M. 1988-89, c. 15, s. 28.

3 and 4     Repealed.

S.M. 1988-89, c. 15, s. 29.

Powers and duties of district

5(1)        A local government district has the rights, powers, duties, and liabilities of

(a) a district under this or any other Act of the Legislature; and

(b) subject to subsections (2) and (2.1), a municipality or municipal corporation under The Municipal Act or any other Act of the Legislature.

Restriction on powers and duties

5(2)        A right, power or duty of a district

(a) to appoint, revoke or suspend the appointment of a chief administrative officer under Part 4 of The Municipal Act; and

(b) to pass by-laws or expend funds under The Municipal Act or any other Act of the Legislature;

is subject to the approval of the minister.

Resident administrator

5(2.1)      Subject to any limitation set out in an agreement authorized under this Act, the resident administrator may carry out the powers and duties under subsection (1), but before doing so shall consult with any local committee appointed under clause 9(1)(b).

Interpretation

5(3)        Where there is a conflict between this Act and The Municipal Act or any other Act of the Legislature referred to in subsection (1), the provisions of this Act prevail.

S.M. 1988-89, c. 15, s. 30; S.M. 1996, c. 58, s. 459; S.M. 2012, c. 40, s. 30.

6           Repealed.

S.M. 1988-89, c. 15, s. 31.

7(1)        Repealed, S.M. 1988-89, c. 15, s. 32.

Amendment of or substitution for provisions made applicable

7(2)        Where any Act or any provision thereof is, or has been, made applicable as provided herein,

(a) it shall be conclusively deemed to be, and to have been, made applicable as amended from time to time after or before the coming into force of this subsection; and

(b) if, after or before the coming into force of this subsection, any such Act or provision is, or has been, repealed and another Act or provision is, or has been, substituted therefor, the Act or provision so substituted shall be conclusively deemed to be, or to have been, made applicable as aforesaid.

S.M. 1988-89, c. 15, s. 32.

Alteration of boundaries

8           The Lieutenant Governor in Council may by regulation alter the area or areas or boundaries of a district.

S.M. 1988-89, c. 15, s. 33.

Power of Lieutenant Governor in Council

9(1)        The Lieutenant Governor in Council may

(a) repealed, S.M. 1988-89, c. 15, s. 34;

(b) appoint a local committee of not less than three or more than seven voters of a local government district with whom the resident administrator may consult with reference to the affairs of the district;

(c) in lieu of appointing a local committee under clause (b),

(i) provide for the election by the voters of the district of a local committee to the members of which sections 90 (eligibility for nomination and election) and 91 (persons who are disqualified) of The Municipal Act applies with such modifications as the circumstances require; and

(ii) in the order making that provision, set forth the manner in which the election shall be held and all necessary particulars and details with respect to the conduct of the election;

(d) transfer to the local committee of a local government district any power, duty or function of the resident administrator that may be specified by the Lieutenant Governor in Council;

(e) appoint the resident administrator of a district as official trustee for any or all school districts wholly or partly situated within the local government district;

(f) empower the resident administrator to act within a local government district or districts for or on behalf of any department of the government or for any board or commission established by the government;

(g) consolidate or merge any or all school districts partly or wholly situated within a local government district irrespective of their classification under The Public Schools Act, and establish them under this Act into one or more school districts, and designate its or their classification as school districts for the purposes of The Public Schools Act;

(h) alter the boundaries of any school district, and include in a school district lands situated in another school district or in unorganized territory, or detach lands from a school district and include them in another school district or in unorganized territory, upon such terms and conditions as the order in council provides, or if the order in council so provides, as may be determined by an award made by the minister;

(i) authorize, empower, and direct, the resident administrator of a local government district to exercise any or all the powers, and be subject to any or all the liabilities, of a board of trustees or of an official trustee under The Public Schools Act of any or all school districts wholly or partly situated within a local government district;

(j) authorize, empower, and direct,

(i) the receiver of a disorganized municipality; or

(ii) the board of trustees of a school district wholly or partly in unorganized territory or in a disorganized municipality; or

(iii) the official trustee of a school district wholly or partly in unorganized territory or in a disorganized municipality; or

(iv) the trustee for school districts in a disorganized municipality;

to assign, transfer, and set over, any or all assets of the disorganized municipality or school district and, without in any way restricting the generality of the foregoing, any land or any interest therein, any taxes, arrears of taxes, tax sale certificates, tax sale applications, agreements for sale, options, or mortgages, unto

(v) any school district wholly or partly in unorganized territory or a disorganized municipality; or

(vi) any local government district;

and authorize, empower, and direct, the local government district, under and subject to The Public Schools Act or the school district, to administer the assets that have been assigned, transferred, and set over, to it upon such terms and conditions as the order in council provides, or if the order in council so provides, as may be determined by an award made by the minister;

(k) authorize, empower, and direct,

(i) the receiver of a disorganized municipality; or

(ii) the board of trustees of a school district wholly or partly in unorganized territory or in a disorganized municipality; or

(iii) the official trustee of a school district wholly or partly in unorganized territory or in a disorganized municipality; or

(iv) the trustee for school districts in a disorganized municipality; or

(v) the resident administrator of a local government district;

to assign, transfer, and set over, to Her Majesty in right of the province or the minister any or all lands or any interest therein, or any agreements for sale, options, or mortgages, of the disorganized municipality, the school district, or the local government district, upon such terms and conditions as the order in council provides, or, if the order in council so provides, as may be determined by an award made by the minister;

(l) authorize a local government district

(i) to acquire, accept or receive assets specified by the Lieutenant Governor in Council and, for the purpose of paying for the assets or as consideration therefor, to borrow money on the credit of the local government district or to assume the debt of another, as debt of the local government district that is not repayable during the fiscal year of the local government in which the money is borrowed or the debt assumed and to issue debentures as security for the debt; or

(ii) to accept, receive or take an assignment of a contract specified by the Lieutenant Governor in Council, and to accept the benefits and obligations under the contract, including obligations of a continuing nature that may be required to be met beyond the fiscal year in which the contract is assigned;

(m) for the purpose of allowing a local government district to meet its operating expenses incurred during the five years immediately after it was incorporated, authorize the local government district to borrow money on the credit of the local government district as debt that is not repayable during the fiscal year of the local government district in which the money is borrowed;

(n) vest any or all assets and, without in any way restricting the generality of the foregoing, any land or any interest therein, any taxes, arrears of taxes, tax sale certificates, tax sale applications, agreements for sale, options or mortgages in the name of, or belonging to,

(i) a disorganized municipality; or

(ii) a school district wholly or partly in unorganized territory or in a disorganized municipality; or

(iii) a trustee for school districts in a disorganized municipality;

in the name of

(iv) a school district; or

(v) a local government district;

and authorize, empower, and direct, the local government district, under and subject to The Public Schools Act or the school district, to administer the assets so vested in it upon such terms and conditions as the order in council provides, or, if the order in council so provides, as may be determined by an award made by the minister;

(o) vest any or all lands or any interest therein or any agreements for sale, options, or mortgages, in the name of, or belonging to,

(i) a disorganized municipality; or

(ii) a school district wholly or partly in unorganized territory or in a disorganized municipality; or

(iii) a trustee for school districts in disorganized municipalities; or

(iv) a local government district,

in the name of Her Majesty in right of the province or the minister upon such terms and conditions as the order in council provides, or, if the order in council so provides, as may be determined by an award made by the minister;

(p) authorize, empower, and direct, any local government district, disorganized municipality, or school district, or any school trustees, or any trustee for school districts in disorganized municipalities, and any officer, official, or employee, of any local government district, school district, disorganized municipality, or any branch, department, board, or commission, of the government, to carry out and implement any order in council passed under this Act or any award made by the minister;

(q) by regulation abolish any disorganized municipality, cancel and annul its incorporation, and provide that the area within its boundaries shall be deemed for all purposes to be unorganized territory, and make provision for the conveyance to, or vesting of, any or all of the assets of the disorganized municipality in any local government district, school district, Her Majesty in right of the province, or the minister, or in any one or more of them, upon such terms and conditions as are set out in the order in council or, if the order in council so provides, in an award made by the minister;

(r) abolish any school district in unorganized or disorganized territory, cancel and annul its incorporation and provide for the conveyance or vesting of any or all of its assets to or in any school district, local government district, Her Majesty in the right of the province, or the minister, or in any one or more of them, upon such terms and conditions as are set out in the order in council, or, if the order in council so provides, in an award made by the minister;

(s) re-establish the boundaries of any or all school districts in unorganized or disorganized territory;

(t) require a soil or utilization survey to be made of any lands or other natural resources in unorganized or disorganized territory, with a view to determining the best methods of economically developing any part of the territory and the best utilization of lands or other natural resources of the territory; and, for the purpose of obtaining information as to the soil or utilization of any such territory, authorize any person to enter upon any lands within the territory and make an examination thereof;

(u) prohibit settlement on lands unsuitable for settlement in unorganized territory, disorganized municipalities, or local government districts or in school districts in unorganized territory, disorganized municipalities, or local government districts, and prescribe terms and conditions upon which settlement will be permitted;

(v) prescribe the uses to be made of lands and other natural resources of the territory, and set aside lands for the purpose of reforestation, recreation, or agriculture, or for the development of any of the natural resources of the territory, and prescribe the terms and conditions upon compliance with which such lands or natural resources may respectively be used;

(w) exercise with respect to lands in unorganized territory, disorganized municipalities, or local government districts, or in school districts in unorganized territory, disorganized municipalities, or local government districts, any or all of the powers given to a municipality, or to the Lieutenant Governor in Council, under The Land Rehabilitation Act;

(x) annually limit the amount of taxes to be levied for any or all purposes on land or personal property or for business tax in unorganized territory, disorganized municipalities, or local government districts, or in school districts in unorganized territory, disorganized municipalities, or local government districts.

Disposition of revenues from certain Crown lands

9(2)        Any revenue derived from any land assigned, transferred, and set over to Her Majesty in right of the province under authority granted under clause (1)(k) shall be dealt with and disposed of according to the terms and conditions set out in the order in council authorizing the assignment, transfer, and setting over.

No requirement of Mun. Board authorization

9(3)        Where a local government district, for the purpose of borrowing money or assuming debt under authority granted under clause (1)(l) or (m) is required to obtain the authorization or approval of the Municipal Board, the Lieutenant Governor in Council may exempt the local government district from the requirement of obtaining that authorization or approval, and where that exemption is granted, any by-law passed by the local government district in exercising the authority granted under clause (1)(l) or (m) is not invalid by reason of the lack of the authorization or approval of The Municipal Board.

Appointment of officials and remuneration

9(4)        The Lieutenant Governor in Council may appoint

(a) a resident administrator for any one or more local government districts with such clerks and assistants as may be required to enable the resident administrator to carry out the resident administrator's duties; and

(b) such employees as may be required for all local government districts in the province;

and every person so appointed shall,

(c) as may be prescribed by the Lieutenant Governor in Council, discharge the duties of, and hold, any office authorized by law;

(d) be under the control and direction of the minister; and

(e) be paid a salary or other remuneration as provided by law.

Responsibility for payment of remuneration

9(5)        The Lieutenant Governor in Council may provide for the payment of the remuneration

(a) of a person appointed under clause (4)(a), out of the funds of the district or districts for which he is appointed; and

(b) of a person appointed under clause (4)(b), out of the funds of all the districts.

9(6)        Repealed, S.M. 1988-89, c. 15, s. 34.

Authorization to district registrar

9(7)        An order in council passed under clauses (1)(j), (k), (n) or (o) is sufficient authority for the district registrar of any land titles district in Manitoba, without fee, to issue title in the name of Her Majesty in right of the province, the minister, the school district, or the local government district, as the case may be, for any land or any interest therein, or to give effect to any assignment, transfer, or vesting, of any taxes, arrears of taxes, tax sale certificates, tax sale applications or any agreements for sale, options or mortgages; and the district registrar is not required to ascertain whether or not the terms of any order in council authorizing, empowering, or directing, the assignment, transfer, or vesting of any land or any interest therein or of any taxes, arrears of taxes, tax sale certificates, tax sale applications, agreements for sale, options, or mortgages, in the name of Her Majesty in right of the province, the minister, the school district, or the local government district, as the case may be, or any award of the minister, have been carried out or complied with.

9(8)        Repealed, S.M. 1996, c. 58, s. 459.

Awards

9(9)        Where in this section it is provided that the minister may make an award, he may make such an award which has the same force and effect in the premises as an award made under Subdivision 5 (Regulations) of Division 2 of Part 2 (Formation, Fundamental Changes and Dissolution) of The Municipal Act.

S.M. 1988-89, c. 15, s. 34; S.M. 1989-90, c. 90, s. 24; S.M. 1991-92, c. 41, s. 15; S.M. 1996, c. 58, s. 459; S.M. 2005, c. 27, s. 157.

Appointment of board of revision

10(1)       Notwithstanding The Municipal Assessment Act, the minister may appoint one or more persons to sit as a board of revision in respect of assessments in a local government district; and every person so appointed has all the powers and shall perform all the duties and functions of a board of revision under The Municipal Assessment Act.

Quorum

10(2)       Where more than one person is appointed under subsection (1) to sit as a board of revision, a majority of those persons is a quorum of the board.

Annual meeting of voters

11          At least once in each year the resident administrator of each local government district shall hold a meeting of the voters of the local government district at which the most recent statements showing the revenue and expenditure, the standing of general ledger balances, and the standing of all appropriation accounts of the local government district shall be available for perusal, and the financial affairs of the local government district and other matters of public concern may be discussed.

S.M. 2005, c. 27, s. 157.

Powers of Lieutenant Governor in Council respecting agreements

12(1)       The Lieutenant Governor in Council may authorize, empower, and direct,

(a) the receiver of a disorganized municipality;

(b) the board of trustees of a school district wholly or partly in unorganized territory or a disorganized municipality;

(c) the official trustee of a school district wholly or partly in unorganized territory or in a disorganized municipality;

(d) the trustee for school districts in a disorganized municipality; or

(e) the resident administrator of a local government district;

to enter into an agreement or arrangement with,

(f) the minister of any department of the Government of Canada;

(g) the minister of any department of the Government of Manitoba;

(h) any board or commission established by the Government of Canada or the Government of Manitoba;

(i) any municipality or disorganized municipality;

(j) any school district;

(k) any local government district; or

(l) any person or firm;

for

(m) the development or rehabilitation of any area, or the development of lands or other natural resources of the area;

(n) the exchange of lands with or without consideration;

(o) the removal of settlers from lands not suitable for settlement or required for reforestation, recreation or other development of the natural resources of the area; or

(p) the establishment of communal pastures or hay reserves.

Provide lands for communal pastures

12(2)       Lands required for communal pastures or hay reserves may be set aside by the disorganized municipality, school district, or local government district, or may be acquired by the local government district by purchase, lease, expropriation or otherwise.

Regulate pastures

12(3)       A disorganized municipality, school district, or local government district, may make regulations respecting communal pastures or hay reserves and fix and collect fees for pasturing stock thereon and may close road allowances in communal pastures.

12(4)       Repealed, S.M. 1996, c. 58, s. 459.

Transfer taxes on exchanged lands

12(5)       In the case of lands exchanged under clause (1)(n), the disorganized municipality, school district, or local government district, may provide that the taxes or any part thereof due with respect to the parcel of land so acquired by the disorganized municipality, school district, or local government district, shall become taxes upon the land acquired by the person, firm, or corporation, so exchanging parcels with the school district or local government district; and, if so provided, the taxes or part thereof shall become taxes on that parcel, and thereafter all the remedies for the enforcement and collection of taxes are applicable thereto as if the taxes had been originally levied against that parcel, and any pending proceedings may be taken up and continued against that parcel.

Authority for entries in records

12(6)       A disorganized municipality, school district, or local government district by-law is the authority for, and a direction to, any or all officers of the disorganized municipality, school district, or local government district, or any inspector or auditor, to make all necessary entries in the records of the disorganized municipality, school district, or local government district, and to the district registrar of the land titles office of the district in which the lands are situated to do all acts and things necessary to give effect thereto.

S.M. 1989-90, c. 24, s. 87; S.M. 1996, c. 58, s. 459.

Annual estimates

13(1)       Every local government district shall, on or before April 15 in each year, make estimates of

(a) all sums required

(i) for the lawful purposes of the district for the year in which those sums are required to be levied; and

(ii) to pay all its debts falling due within the year;

(b) any sums required to be levied under this Act;

(c) any sums required, under The Public Schools Act, by

(i) school districts, school divisions, or school areas, wholly or partly within the district; or

(ii) The Public Schools Finance Board;

(d) any sums levied against the district or against any school district, school division, or school area, wholly or partly within the district, by the minister;

(e) the amount required

(i) to pay its proportion of the cost of administering this Act; and

(ii) to make up any revenue deficit or any over-expenditure of the estimates made in the last previous year;

making due allowance for

(f) taxes imposed on lands purchased by the district at tax sale and deemed to be uncollectable; and

(g) the cost of collection, and the abatement and losses that may occur in the collection, of taxes whether for district purposes, school purposes, levies by the minister, or other taxes.

Inclusion in estimates of cost of certain works

13(2)       Where the Lieutenant Governor in Council, by order in council, so directs, a local government district shall include in the estimates made pursuant to subsection (1) such amount as is fixed in the order for the purpose of defraying, in whole or in part, the cost of such drainage and highway works as have been constructed or undertaken in the local government district by the government, and as are specified in the order.

Over-expenditures

13(3)       The expenditures of the district for any year shall not exceed the amount provided in the estimates for that year unless the additional expenditure is authorized by the minister; and any such additional expenditure shall be levied for in the next succeeding year.

Payment of proceeds of public works levy

13(4)       The resident administrator shall, in each year, pay to the Minister of Finance the moneys collected under the levy made in respect of the amount included in the estimate under subsection (2).

Rate by-laws

14(1)       Every local government district shall, in each year after the assessment roll comes into force, by one or more by-laws, levy a rate or rates of so much on the dollar upon the assessed value of the property therein as the resident administrator, with the approval of the minister, deems sufficient to raise the sums required in the estimates.

Levy in part of district for certain local improvements

14(2)       Any local government district, on petition of 2/3 of the resident owners of land whose names appear in the latest revised assessment roll for the portion of the local government district to be affected by the rates, may by by-law in any year, levy a special rate, not exceeding 15 mills on the dollar of the taxable property in any part of the local government district, to defray the cost of opening, making, building, widening, altering, and repairing highways, bridges, sidewalks, sewers, and drains, and of providing for street lighting, community buildings and for fire, police, and sanitary, protection of the inhabitants in that part; and the local government district shall expend the money collected in that part of the local government district affected by the rate for the purposes for which it was raised and levied.

Verification of petition

14(3)       The signatures to the petition shall be verified by affidavit or statutory declaration, which shall state that each of the petitioners is a resident owner of land in the portion of the local government district affected by the rate and that his name appears in the latest revised assessment roll for the portion of the local government district to be affected by the rate, and that before he signed the petition it was read over and explained to him.

14(4)       Repealed, S.M. 1996, c. 58, s. 459.

Distribution of taxes

14(5)       In each year, as and when taxes are collected, the resident administrator of each local government district, in a manner approved by the minister, shall apportion the taxes collected between the several purposes or objects for which the taxes were levied and pay those portions to the persons entitled thereto as directed by the minister.

S.M. 1996, c. 58, s. 459.

15(1)       Repealed, S.M. 1996, c. 58, s. 459.

By-laws to defray costs of fire fighting

15(2)       The resident administrator of a local government district may pass by-laws providing for the making of payments to the Minister of Finance, or to other districts, or to municipalities, or to any person, in respect of, or to defray in whole or in part the cost of, controlling and extinguishing fires to which The Wildfires Act applies.

15(3)       Repealed, S.M. 1988-89, c. 15, s. 35.

S.M. 1988-89, c. 15, s. 35; S.M. 1996, c. 58, s. 459; S.M. 1997, c. 36, s. 43.

16          Repealed.

S.M. 1996, c. 58, s. 459.

Transferee of assets

17          Where, under any order in council passed under this Act, any assets of a disorganized municipality, a school district, or a local government district, are conveyed to, or vested in, a school district, a local government district, Her Majesty in right of the province, or the minister, the order in council, or the award made by the minister, may provide that the school district, the local government district, Her Majesty in right of the province, or the minister, may

(a) collect all taxes, rates, and debts, conveyed to or vested in it, him, or her, and exercise all rights, and institute, carry on, and complete, all remedies and proceedings, for the collection of those taxes, rates, and debts;

(b) assign, transfer, or convey, tax sale certificates, tax sale applications, agreements for sale, options, mortgages, lands, or any interest therein; and

(c) file applications for title under tax sale certificates, and exercise all rights, and institute, carry on, and complete, all remedies and proceedings, for the collection of moneys owing under options, mortgages or agreements for sale, or foreclose or cancel any interest in land;

as fully and effectively as the disorganized municipality, the school district, or the local government district, whose assets are being so conveyed or vested.

18          Repealed.

S.M. 1996, c. 58, s. 459.

Transfer of records

19          The member of the Executive Council charged with the administration of public schools within the province, his officers, agents, and servants, shall, at the request of the minister, deliver to the minister any or all documents of title, books of record, reports, correspondence, or records of any kind, in his possession or control or in the possession or control of his officers, servants or agents, having reference to the affairs of any school district in unorganized territory, or a disorganized municipality, administered under this Act, and, at the request of the minister, shall furnish the minister, without cost, with all or any information he may require with reference to school districts in unorganized territories or a disorganized municipality; and the member of the Executive Council charged with the administration of public schools within the province shall, without cost, as required by the minister, properly execute and deliver any or all transfers, assignments, or other conveyances, respecting any assets of any school district in unorganized territory or a disorganized municipality required to be assigned, transferred, or conveyed, by any order in council passed, or by any award made by the minister under this Act.

Delegation of powers

20          The minister may delegate to any person employed in the administration of this Act a duty or power conferred or imposed on the minister under this Act.

S.M. 1996, c. 58, s. 459.

Regulations

21          The Lieutenant Governor in Council may make regulations or orders applicable generally to all or any part of unorganized territory, or to all or any disorganized municipalities, or to all or any local government districts, or to all or any school districts wholly or partly therein, or applicable specially to any part of unorganized territory, or to the whole or any part of a disorganized municipality, or to the whole or any part of one or more local government districts, or to any school district wholly or partly therein,

(a) for obviating any doubt as to matters of procedure arising from the concurrent administration of this Act and any other Act of the Legislature;

(b) for providing for the concurrent administration of this Act and any other Act of the Legislature;

(c) for determining the extent to which land or property within a local government district or school district is subject to taxation under this Act, or any statute imposing taxation or giving power to a municipality or school district to impose taxation;

(d) for providing for cases and circumstances that may arise in local government districts or in unorganized territory or disorganized municipalities or in school districts wholly or partly therein for which no provisions, or no adequate provisions, are made in this Act or any other Act of the Legislature;

(e) respecting the manner of giving notice of annual meetings required to be held under section 11 and respecting the manner of conducting those meetings.

Administrator to make voters list

22(1)       If, for the purpose of implementing any Act of the Legislature, a resident administrator is empowered or directed to hold a vote in the local government district, the resident administrator must prepare a voters list of the district as if it were a local authority to which The Municipal Councils and School Boards Elections Act applies.

Voters to be included on voters list

22(2)       If the vote under subsection (1) is to be a vote of

(a) the voters in the district, the voters list must include persons who are eligible to vote under sections 21 or 22 of The Municipal Councils and School Boards Elections Act; and

(b) the ratepayers of the district, the voters list must include only ratepayers who are eligible to vote under section 21 of The Municipal Councils and School Boards Elections Act.

S.M. 1996, c. 58, s. 459; S.M. 2005, c. 27, s. 157.

23 and 24   Repealed.

S.M. 1988-89, c. 15, s. 36.

PART II

INDUSTRIAL TOWNSITES

Definition of "industrial townsite"

25          In this Part the expression "industrial townsite" means a district incorporated as provided in section 26 for the purposes stated in this Part.

Incorporation of industrial townsites

26(1)       The Lieutenant Governor in Council may by regulation incorporate, as a local government district under this Act, the inhabitants of a community in unorganized territory adjacent to a place where mining or other industrial operations are being carried on, for the purpose of administering the community as herein provided; and may define the boundaries of the community so incorporated.

Powers, duties, etc., of industrial townsites

26(2)       Subject to this Part,

(a) an industrial townsite has all the powers, rights, privileges, authority, and duties, of a district, and is subject to like conditions and limitations as those to which a district is subject; and

(b) all the provisions of this Act applicable to a district apply, with such modifications as the circumstances require, to an industrial townsite.

S.M. 1988-89, c. 15, s. 37.

Powers that may be conferred on resident administrator of industrial

27(1)       The Lieutenant Governor in Council may authorize and empower the resident administrator of an industrial townsite

(a) to purchase from the government, on behalf of the industrial townsite, subdivided Crown lands in the industrial townsite;

(b) to lease or sell lands belonging to an industrial townsite either privately or by public auction or by tender, and

(i) to expend the proceeds of any such lease or sale for the purposes of the industrial townsite, as may be directed by the minister;

(ii) to require any intending lessee or purchaser to declare the purpose for which he intends to use the land; and

(iii) to provide, as a condition of a lease or sale, that the land may not be used for any purpose other than one declared as aforesaid;

(c) to reject an application to lease or buy land for any purposes other than residential purposes in areas established as residential areas under a zoning by-law;

(d) to enter into an agreement, on behalf of the industrial townsite, with any person or firm, providing that the person or firm, shall

(i) do work, or provide services, for or on behalf of the industrial townsite; or

(ii) make a contribution in cash to the industrial townsite;

or both, either without consideration or in consideration of total or partial relief from taxes and rates imposed by the industrial townsite;

(e) to enter into an agreement, on behalf of the industrial townsite, with any person or firm, providing that the person or firm, shall establish a fund from which loans will be made to employees of that person or firm, who are resident in the industrial townsite, on terms provided in the agreement, for the purpose of assisting the employees to erect dwelling houses in the industrial townsite for themselves and their families; and

(f) to apply under The Planning Act for authority to prepare a development plan under that Act, and if the development plan is approved, to enact a zoning by-law to implement the development plan.

Powers under Planning Act

27(2)       Where a resident administrator is authorized, as provided in clause (1)(f), he is a local authority under The Planning Act; and, if the development plan is approved, he is the responsible authority under that Act in respect of the development plan so approved.

S.M. 1998, c. 39, s. 74.

Levying of taxes

28          In addition to all other powers to levy taxes granted to a district under this Act, an industrial townsite may, for its lawful purposes, including such general municipal purposes as may be authorized in this Act or in any other Act, by one or more by-laws levy a rate or rates of so much on the dollar upon the assessed value of the property therein, as the resident administrator, with the approval of the minister, deems sufficient to raise the sums required in the estimates.

S.M. 1988-89, c. 15, s. 38.

PART III

COUNCIL ADMINISTRATION

Meaning of words

29(1)       In this Part, unless otherwise specifically stated, words and expressions have the meaning given to the same words and expressions in The Municipal Act.

Where Part not applicable

29(2)       This Part does not apply to the local government districts set out in the Schedule or to such other local government districts as the Lieutenant Governor in Council may by order, from time to time, remove from the operation of this Part.

Order of administration of district by council

30          On petition of not less than half of the voters resident in a local government district, or of his own motion, the Lieutenant Governor in Council, by order in council, may direct that the affairs of the district shall be administered by an elected council as in this Part provided.

S.M. 2005, c. 27, s. 157.

Provisions of order in council

31          An order in council under section 30 shall

(a) divide the district into wards and describe the area and boundaries of each ward;

(b) provide for the constitution of the council, including the number of councillors and the length of their terms of office;

(c) make provision for the holding of the first election of councillors, including

(i) the preparation of a voters list and the appointment of the person who is to prepare it;

(ii) repealed, S.M. 2005, c. 27, s. 157;

(iii) the appointment of a senior election official;

(iv) the nomination of candidates;

(v) the printing of ballots;

(vi) the date of the election;

(vii) the counting of ballots and announcement of the results of the election;

(viii) the procedure generally at the election;

(d) fix the date upon which the establishment of the council shall take effect, and on and after which the first council may sit.

S.M. 2005, c. 27, s. 157.

Alteration of district

32(1)       Where a council for a district is established under section 30, Her Majesty, as provided in section 8 and pursuant to an order of the Lieutenant Governor in Council passed on petition as provided in section 30, or without such petition, may enlarge or reduce the district as provided in section 8.

Provisions required on alteration of district

32(2)       Where a district is enlarged or reduced, the Lieutenant Governor in Council shall, by order in council, make such provisions as may be necessary for altering the wards and changing the membership of the council.

Provisions applicable to districts under council administration

33(1)       Where a council for a district is established under section 30,

(a) subject to clause (a.1), all the provisions of The Municipal Councils and School Boards Elections Act respecting

(i) the qualification of voters,

(ii) the preparation of the voters list, and

(iii) the conduct of, and procedure at, elections of members of a municipal council;

except with respect to the first election of councillors, apply to the district and the election of the members of the council of the district;

(a.1) the provisions of The Municipal Act respecting the qualifications and nomination of candidates apply;

(b) the council has all the powers, rights, duties, and obligations, that under Part I and Part II or under any Act of the Legislature, are granted to, vested in, or charged upon, a resident administrator; and

(c) unless another person is designated for the purpose by order in council, the resident administrator of the district is, and shall be thereafter known and described as, the secretary-treasurer of the district and with respect thereto, has the powers and shall discharge the duties vested in, or charged on, the secretary-treasurer of a municipality under The Municipal Act, in so far as they are applicable and consistent with this Act.

Status of secretary-treasurer

33(2)       The secretary-treasurer of a district shall not be replaced or discharged without the written consent of the minister; and if, at the time he becomes secretary-treasurer by virtue of clause (1)(c), he is a member of the civil service within the meaning of The Civil Service Act and of The Civil Service Superannuation Act, he does not cease to be such solely because he ceases to be resident administrator of the district.

S.M. 1996, c. 58, s. 459; S.M. 2005, c. 27, s. 157.

Procedure where insufficient nominations for council

34          Where, at an election of members of the council of a district, there is no person nominated in one or more of the wards,

(a) if more than half of the members of the council are elected, those members elected may appoint the members to represent the wards for which no one is elected, until the next election; and

(b) if half or less than half of the members of the council are elected, the minister may appoint the members to represent the wards for which no one is elected, until the next election.

Responsibility for costs of administration

35(1)       Notwithstanding any other provision of this Act or any provision of any other Act of the Legislature, and notwithstanding any practice or procedure established or in force before the coming into force of this section, but subject to subsection (2), where a council for a district is established under section 30, the entire cost of the administration of the district shall be charged against, and be borne by, the ratepayers of the district.

Meaning of "entire cost of administration of district"

35(2)       The expression "entire cost of the administration of the district" in subsection (1) refers only to such costs of administration as, under Part I or Part II, are chargeable to, and are borne by, the ratepayers of local government districts, and does not refer to costs in respect of

(a) the construction and maintenance of highways;

(b) the provision of relief for indigents or social services or allowances of any kind; or

(c) the provision of health and hospitalization services;

for, or for the benefit of, unorganized territory and persons residing therein that, under the express provisions of any other Act, are charged against, and paid from, the Consolidated Fund.

SCHEDULE

The Local Government District of Mystery Lake.

S.M. 1996, c. 58, s. 459.