I have introduced a Private Members Bill (PMB) called “An Act to Amend The Municipal Government Act”. The purpose is to change the act to ensure that Islanders living in unincorporated areas are consulted and have a legislated voice when it comes to proposals and recommendations to annex them. The main changes are:
- When preparing a proposal to establish or restructure a municipality it will be necessary to get agreement from at least 30% of the people in areas to be annexed via signatures on a petition. Right now proposals to annex unincorporated areas can be put forward by the Minister or councils of existing municipalities with no legislated requirement to consult with the people impacted.
- If an objection to a proposal for a new or restructured municipality is made, then a Public Hearing is mandatory. Previously it was optional.
- If there is significant public interest, the Minister must hold a plebiscite of impacted people when a new or restructured municipality is proposed.
- The Island Regulatory and Appeals Commission (IRAC) must take into consideration the plebiscite result in their recommendations regarding a proposal.
- The recommendation from IRAC regarding a proposal must be brought to the floor by the Minister as a motion for debate and vote.
- The Minister’s recommendation for action on a proposal must be in line with the outcome of the vote of the legislative assembly.
Please leave your comments on this post or contact me directly with feedback.
When reading a bill it is often hard to understand amendments without seeing the original legislation that is being amended. This document attempts to provide context, and display the text before amendments to facilitate feedback.
Here is a link to a full copy of the existing legislation – Municipal Government Act:
Here is a link to the Private Members Bill online as tabled in the Legislative Assembly:
http://www.assembly.pe.ca/bills/pdf_first/65/3/bill-111.pdf
SECTION 1 – GIVING GREATER VOICE TO UNINCORPORATED AREAS
SECTION 1 amends section 15 of the Municipal Government Act R.S.P.E.I. 1988, Cap. M-12.1, by adding a new subsection (2.1) that requires that where a proposal to establish a new or restructured municipality under subsections 15(1) or (2) includes an unincorporated area, the proposal must be supported by a petition that has been properly signed by at least 30 per cent of the residents of that unincorporated area. The section also amends subsections 15(1) and (2) to add references to the new subsection (2.1).
Section 15 – Amendments in bold italics
Amendment 1(1)
Proposal to establish municipality
(1) A proposal to establish a new municipality may be initiated by
(a) subject to subsection (2.1), the Minister;
(b) subject to subsection (2.1), the council of a municipality; or
(c) a group of at least 30 per cent of the persons who meet the requirements of
subsection (6) and whose names appear on an accompanying petition.
Amendment 1(2)
Proposal to dissolve or restructure municipality
(2) A proposal to dissolve a municipality or, subject to subsection (3), to restructure an existing municipality may be initiated by
(a) subject to subsection (2.1), the Minister; or
(b) subject to subsection (2.1), the council of the municipality.
Amendment 1(3)
Petition required
(2.1) Where the new or restructured municipality proposed by the council of a municipality under subsection (1) or (2) respectively includes an unincorporated area, the proposal shall have the support of at least 30 percent of the persons who reside in the unincorporated area and would be electors of the new or restructured municipality, whose names appear on an accompanying petition that contains the information required in clauses (6)(a) to (d).
SECTION 2 – PUBLIC HEARING AND PLEBISCITE
SECTION 2 repeals section 17(4) of the Act substitutes a new subsection (4) that clarifies that the Commission shall hold both a public hearing and a plebiscite when the conditions in clauses (4)(a) and (b) have been met. The section also amends subsection 17(5) to add a reference there to a plebiscite, and subsection 17(13) to clarify that a person whose name appears on a petition submitted under subsection 15(2.1) or 15(6) may appear and be heard at a public hearing on a proposal.
Section 17
Amendment 2(1)
ORIGINAL
Public hearing
(4) The Commission, in respect of a proposal,
(a) may hold a public hearing, where an objection is filed pursuant to subsection (1); and
(b) shall hold a public hearing, in accordance with an order of the Minister, where the Minister has determined there is significant public interest in the matter.
AMENDED
Public hearing and plebiscite
(4) The Commission, in respect of a proposal, shall both
(a) hold a public hearing, where an objection is filed pursuant to subsection (1); and
(b) hold a plebiscite among the persons who are or would be electors of the municipality proposed to be established, in accordance with an order of the Minister, where the Minister has determined there is significant public interest in the matter.
Amendment 2(2) – Amendments in bold italics
Costs of hearing
(5) The costs incurred by the Commission to hold a public hearing and a plebiscite are the
responsibility of the person or persons who initiated the proposal under subsection 15(1)
or (2), as the case may be.
Amendment 2(3) – Amendments in bold italics
Right to be heard
(13) Any person whose name properly appears on a petition accompanying the proposal in accordance with subsection 15(2.1) or (6) or who is, in the opinion of the Commission, an affected person may appear and be heard at the public hearing.
SECTION 3 – CONSIDERATION OF PLEBISCITE RESULTS
SECTION 3 amends clauses 19(1)(a) and 19(2)(b) of the Act to add references to a plebiscite held by the Commission pursuant to subsection 17(4) of the Act.
Section 19
Amendment 3(1) – Amendments in bold italics
Report of Commission
(1) The Commission shall prepare and provide to the Minister a written report containing its
findings, its recommendations and the reasons for the recommendations,
(a) within 45 days after the date of any public hearing or plebiscite; or
(b) where no public hearing is held, within 45 days from the last date on which an
objection may be filed under subsection 17(1), or the date on which the mediator’s
report is filed under subsection 17(9), whichever is later.
Amendment 3(2) – Amendments in bold italics
Factors to be considered
(2) In deciding what recommendations to make to the Minister respecting a proposal, the
Commission
(a) shall consider the proposal in relation to
(i) this Act and any other applicable enactment,
(ii) the criteria specified in subsection 13(1) and any additional criteria in the
regulations, and
(iii) the report of the mediator filed under subsection 17(9);
(b) shall consider
(i) the evidence and submissions made at any public hearing held by the
Commission or at any time during the 30-day objection period, and;
(ii) the results of any plebiscite held by the Commission
(c) may investigate and analyse the potential effect of the proposal on each adjoining
municipality or nearby First Nation Band; and
(d) may do any other thing that the Commission considers advisable.
SECTION 4 – WILL OF THE LEGISLATIVE ASSEMBLY
SECTION 4 repeals section 20 of the Act and substitutes a new section 20 that requires the Minister to submit the Commission’s report to the Speaker of the Legislative Assembly, with an accompanying motion stating the Minister’s intention to make one of the specified recommendations to the Lieutenant Governor in Council, and, after the debate and vote on the motion, to consider the results and make a recommendation in line with the will of the Legislative Assembly to the Lieutenant Governor in Council.
Section 20
ORIGINAL
Recommendation of the Minister
The Minister, after reviewing the report of the Commission, shall recommend to the
Lieutenant Governor in Council that the Lieutenant Governor in Council
(a) accept the recommendations of the Commission;
(b) accept the recommendations of the Commission with modifications; or
(c) reject the recommendations of the Commission. 2016,c.44,s.20.
AMENDED
Endorsement of the Legislative Assembly
(1) The Minister, after reviewing the report of the Commission, shall submit the report of the Commission to the Speaker of the Legislative Assembly, with an accompanying motion stating the Minister’s intention to recommend to the Lieutenant Governor in Council that the Lieutenant Governor in Council
(a) accept the recommendations of the Commission;
(b) accept the recommendations of the Commission with modifications; or
(c) reject the recommendations of the Commission.
Recommendation
(2) After the debate and vote on the motion have been completed, the Minister shall consider the debate and review the results of the vote, and make a recommendation in line with the will of the Legislative Assembly to the Lieutenant Governor in Council that the Lieutenant Governor in Council
(a) accept the recommendations of the Commission;
(b) accept the recommendations of the Commission with modifications; or
(c) reject the recommendations of the Commission.
SECTION 5 – REGULATIONS FOR PLEBISCITE
SECTION 5 amends subsection 261(1) of the Act to add a new clause (b.1) that authorizes regulations to be made for the conduct of a plebiscite to be held pursuant to subsection 17(4).
Section 261
Amendment 5 – Amendments in bold italics
- Regulations
(1) The Lieutenant Governor in Council may make any regulations considered necessary for
carrying out the purposes and provisions of this Act and, without limiting the generality of
the foregoing, may make regulations
(a) respecting principles, standards and additional criteria to be taken into account in
considering the establishment, restructuring or dissolution of municipalities;
(b) respecting the conduct of elections in municipalities, including, but not limited to, the
required content of a bylaw respecting campaign contributions and disclosure for the
purposes of section 36, the process for establishing a list of electors, the appointment
of election officials, the publication of required notices, providing for a mail-in ballot
or other alternative voting processes, including automated or electronic voting
systems and the procedures to be followed in counting the ballots;
(b.1) respecting the conduct of a plebiscite to be held pursuant to subsection 17(4.1);
[…]
SECTION 6 – COMMENCEMENT OF THE ACT
SECTION 6 provides for the commencement of the Act.
This Act comes into force on a date that may be fixed by the proclamation of the Lieutenant Governor in Council.
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