This consolidation is unofficial and is for reference only.  For the official version of the regulations, consult the original documents on file with the Office of the Registrar of Regulations, or refer to the Royal Gazette Part II.
Regulations are amended frequently.  Please check the list of Regulations by Act to see if there are any recent amendments to these regulations filed with our office that are not yet included in this consolidation.
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Lunenburg County District Planning Commission Order

made under subsection 253(1) of the

Municipal Government Act

R.S.N.S. 1989, c. 346

N.S. Reg. 152/1973 (effective June 13, 1973)

as amended to N.S. Reg. 45/1997 (effective April 16, 1997)


 

1       In this order

 

                  (a)     “Commission” means the Lunenburg County District Planning Commission;

 

                  (b)     “Minister” means the Minister of Municipal Affairs;

 

                  (c)     “Participating Municipality” means the Municipality of the District of Chester, the Town of Lunenburg, or the Town of Mahone Bay;

 

                  (d)     “District” means the geographical area made up of the geographical areas of the participating municipalities.

 

2       The Commission shall be called the “District Planning Commission of Lunenburg County”.

 

3       The area with respect to which the commission shall exercise its powers is the geographical areas of the Municipality of the District of Chester, the Town of Lunenburg and the Town of Mahone Bay.

 

4       The municipality and towns to be represented on the commission are the Municipality of the District of Chester, the Town of Lunenburg and the Town of Mahone Bay.

 

5       The commission shall consist of 9 members as follows:

 

                          three (3) members to be appointed by the Municipality of the District of Chester

 

                          three (3) members to be appointed by the Town of Lunenburg

 

                          three (3) members to be appointed by the Town of Mahone Bay.

 

6       (1)   One member appointed by each participating municipality shall be a member of council and shall be appointed annually at the annual meeting of the participating municipality.

 

         (2)   The other 2 members appointed by each participating municipality shall be resident in the municipality which appointed them and shall hold office for 3 years from the date of their appointment excepting the initial appointments one of which shall be for a 3-year term and the other for a 2-year term.

 

         (3)   Members shall hold office subject to Section 23 of the Planning Act.

 

         (4)   In the event of death or resignation of a member, the Council shall appoint another person to fill the unexpired term.

 

7       Until further Order, the Minister shall not appoint any member or members to the Commission.

 

8       [repealed]

 

9       (1)   The Commission shall elect a Chairman and a Vice-Chairman from among its members and a Secretary-Treasurer, who does not have to be a member of the Commission, and they shall hold office until their successors are elected. The Chairman and Vice-Chairman shall not be appointed of the same municipality.

 

         (2)   There shall be an Executive Committee comprising the Chairman, the Vice Chairman and one other member so that all 3 participating municipalities are represented.

 

         (3)   The Commission shall elect these officers at its 1st meeting after the making of this Order, and, thereafter, shall elect officers at its annual meeting.

 

         (4)   A simple majority shall constitute a quorum.

 

         (5)             (i)     That decisions on all matters other than salary and budget be made by majority vote of all members (individuals) present,

 

                           (ii)    that decisions on all matters of salary and budget be made by a majority vote whereby there must be agreement of the majority of the units that contain greater than 51% of the combined uniform assessment of the participating municipalities, with each unit having 1 vote, and all participating municipal units shall be represented at the meeting. [sic]

 

         (6)   Decisions of the Commission shall be forwarded to the Councils of the participating municipalities, and each Council may require the Commission to reconsider any or all aspects of any policy or decision which is offensive to that Council.

 

10     There shall be quarterly meetings of the Commission in each calendar year and such other meetings as may be called from time to time by the Chairman or by any 2 members of the Commission.

 

10A  (1)   The Commission shall appoint an arbitrator at its annual meeting.

 

         (2)   If the council of any one of the participating municipalities is dissatisfied with the amount of the estimate referred to in subsection 23(1) of the Planning Act, then, within 60 days after the estimate has been delivered to the clerk of the participating municipality, it shall require the arbitrator referred to in subsection (1) to determine and report the amount which the municipality shall provide for the commission and the arbitrator shall make the report within 10 days of receiving the request.

 

11     The Minister reserves the right to make such other Orders as may be required under the authority of the Planning Act.

 

 


Legislative History
Reference Tables

Lunenburg District Planning Commission Order

N.S. Reg. 152/1973

Municipal Government Act

Note:  The information in these tables does not form part of the regulations and is compiled by the Office of the Registrar of Regulations for reference only.

Source Law

The current consolidation of the Lunenburg District Planning Commission Order made under the Municipal Government Act includes all of the following regulations:

N.S.
Regulation

In force
date*

How in force

Royal Gazette
Part II Issue

152/1973

Jun 13, 1973

date made

unpublished1

203/1984

Aug 2, 1984

date made

Sep 6, 1984

49/1996

Mar 31, 1996

date specified

Apr 12, 1996

45/1997

Apr 16, 1997

date specified

May 23, 1997

 

 

 

 

The following regulations are not yet in force and are not included in the current consolidation:

N.S.
Regulation

In force
date*

How in force

Royal Gazette
Part II Issue

 

 

 

 

 

 

 

 

 

 

 

 

*See subsection 3(6) of the Regulations Act for rules about in force dates of regulations.

Amendments by Provision

ad. = added
am. = amended

fc. = fee change
ra. = reassigned

rep. = repealed
rs. = repealed and substituted

Provision affected

How affected

1(c) defn. of “participating municipality”........................................................

rs. 49/1996

1(d) defn. of “District”.....................

rs. 49/1996

3........................................................

rs. 49/1996

4........................................................

rs. 49/1996

5........................................................

rs. 49/1996

8........................................................

rep. 49/1996

9(2)...................................................

rs. 49/1996

9(5)...................................................

rs. 203/1984

9(5)(ii)..............................................

rs. 49/1996

10A...................................................

ad. 45/1997

 

 

Note that changes to headings are not included in the above table.

Editorial Notes and Corrections

 

Note

Effective
date

1

Regulations in effect on April 1, 1977, and filed with the Registrar before March 31, 1978, are exempt from publication under subsection 24(2) of the Regulations Act.

 

2

Cross-references to provisions of the Planning Act, S.N.S. 1969, c. 16 and the Planning Act R.S.N.S. 1989, c. 346 have not been updated by the Office of the Registrar of Regulations.

 

3

Structure of s. 9(5) is as added by N.S. Reg 203/1984.

 

4

The reference in s. 1(b) to the Minister of Municipal Affairs should be read as a reference to the Minister of Housing and Municipal Affairs in accordance with amendments to the Public Service Act made by S.N.S. 1996, c. 8.

Apr 1,1996

5

The Planning Act, R.S.N.S. 1989, c. 346 repealed and replaced by the Municipal Government Act, S.N.S. 1998, c. 18.
(regulations continue under new Act)

Apr 1, 1999

6

The reference in s. 1(b) to the Minister of Municipal Affairs should be read as a reference to the Minister of Service Nova Scotia and Municipal Relations in accordance with O.I.C. 2000-485 made under the Public Service Act, R.S.N.S. 1989, c. 376.

Oct 1, 2000

7

The reference in s. 1(b) to the Minister of Municipal Affairs should be read as a reference to the Minister of Municipal Affairs in accordance with O.I.C. 2014-71 made under the Public Service Act, R.S.N.S. 1989, c. 376.

Apr 1, 2014

8

The reference in s. 1(b) to the Minister of Municipal Affairs should be read as a reference to the Minister of Municipal Affairs and Housing in accordance with O.I.C. 2019-150 made under the Public Service Act, R.S.N.S. 1989, c. 376.

Jun 3, 2019

9

The reference in s. 1(b) to the Minister of Municipal Affairs should be read as a reference to the Minister of Municipal Affairs in accordance with O.I.C. 2021-58 made under the Public Service Act, R.S.N.S. 1989, c. 376.

Feb 23, 2021

10

The reference in s. 1(b) to the Minister of Municipal Affairs should be read as a reference to the Minister of Municipal Affairs and Housing in accordance with O.I.C. 2021-209 under the Public Service Act, R.S.N.S. 1989, c. 376.

Aug 31, 2021

Repealed and Superseded

N.S.
Regulation

Title

In force
date

Repealed
date

 

 

 

 

Note:  Only regulations that are specifically repealed and replaced appear in this table.  It may not reflect the entire history of regulations on this subject matter.

 

 

 


Webpage last updated: 24-09-2021