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8 [repealed]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:
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|
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:
*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 |
|
|
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
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|
|
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Note that changes to headings are not
included in the above table.
Editorial Notes and Corrections
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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
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.