Municipal Legislation Gets Makeover

Local governments in Nova Scotia will have more control over their priorities and therefore an increased ability to respond to the concerns of property taxpayers as a result of legislation introduced today by Housing and Municipal Affairs Minister Wayne Gaudet.

"This bill is the product of extensive consultations with municipal governments across Nova Scotia," said Mr. Gaudet. "The result will be better government for Nova Scotians."

The Municipal Government Act provides authority for most of the activities and operations of municipal governments and villages. The bill consolidates and modernizes a body of law that is currently scattered throughout 20 statutes.

The bill will give municipalities expanded bylaw powers, including authority over rooming-houses and pesticides used on residential and municipal properties.

Municipal governments will also enjoy a more predictable budgetary climate. The bill stipulates that the province must provide municipal governments with 12 months' notice of any initiatives that may affect municipal finances.

The Municipal Government Act clarifies the rules regarding private council meetings and access to municipal information. It stipulates which topics can be discussed and the types of decisions local governments can make in private. It contains freedom of information and protection of privacy rules similar to those that currently apply to the province. In addition, campaign contributions in municipal elections would be subject to public disclosure.

Mayor Ernie Bolivar, president of the Union of Nova Scotia Municipalities, said the Municipal Government Act represents a significant milestone for municipal government.

"I am pleased municipalities had the opportunity to comment on the legislation and that the provincial government has agreed to include the clause guaranteeing 12 months' notice of government action that would have a financial impact on municipalities."

Mr. Gaudet said existing legislation governing municipalities and villages is outdated, scattered throughout many different acts, and often difficult to understand.

"The new act recognizes municipalities as an order of government and gives them the tools they require to meet local responsibilities without constantly having to make reference to the province," said Mr. Gaudet. "This, along with 12 months' notice on financial changes, will give local governments greater autonomy over their affairs, the ability to plan more effectively and set their own priorities."

Where possible in the new act, language has been simplified, processes have been streamlined, and obsolete concepts have been eliminated.

The minister said existing legislation gives municipalities limited ability to address new and emerging issues such as smoking in public places and safety in rooming houses. The proposed legislation would enable municipalities to more effectively address such issues.

Among its highlights, the Municipal Government Act:

• states that the provincial government shall give the Union of Nova Scotia Municipalities one year's notice prior to any legislative or other action that will have the effect of decreasing municipal revenue or increasing expenditures;
• extends the term of office of municipal councils to four years from three;
• gives rural municipalities the option of having heads of council elected at large;
• standardizes council voting procedures;
• enables municipalities to levy different tax rates to recognize varying levels of service in urban, suburban and rural areas;
• gives municipalities the ability to levy area rates on various classes of assessed property as opposed to current laws that require area rates to be levied against all types of assessment;
• modernizes the powers of fire departments and villages;
• eliminates the requirement for municipalities to obtain ministerial approval for local bylaws.

The proposed effective date for this new legislation is April 1, 1999.