Charter Communities Act
Consolidated act- Citation
- S.N.W.T. 2003, c.22
- Source
- Unofficial consolidation PDF (justice.gov.nt.ca)
This is an unofficial reading copy parsed from the Department of Justice consolidation PDF above — itself an office consolidation, not an official statement of the law. The authoritative text is in the Revised Statutes of the Northwest Territories, 1988 and the annual Statutes volumes.
- s.1 amended by Tlicho Community Government Act
- s.1 amended by Miscellaneous Statutes Amendment Act, 2007
- s.1 amended by An Act to Repeal the Settlements Act
- s.32 amended by Emergency Management Act
- s.40 amended by Municipal Statutes Amendment Act
- s.47 amended by Miscellaneous Statute Law Amendment Act, 2023
- s.57 amended by Community Planning and Development Act
- s.68 amended by An Act to Repeal the Settlements Act
- s.74 amended by Community Planning and Development Act
- s.79 amended by Municipal Statutes Amendment Act
- s.82 amended by Miscellaneous Statutes Amendment Act, 2004
- s.85 amended by Miscellaneous Statutes Amendment Act, 2004
- s.85 amended by Municipal Statutes Amendment Act
- s.86 amended by Municipal Statutes Amendment Act
- s.87 amended by Miscellaneous Statutes Amendment Act, 2004
- s.97 amended by Municipal Statutes Amendment Act
- s.107 amended by Chartered Professional Accountants Act
- s.108 amended by Chartered Professional Accountants Act
- s.111 amended by An Act to Amend the Northwest Territories Housing Corporation Act
- s.115 amended by Municipal Statutes Amendment Act
- s.116 amended by Municipal Statutes Amendment Act
- s.117 amended by Municipal Statutes Amendment Act
- s.127 amended by Municipal Statutes Amendment Act
- s.128 amended by An Act to Repeal the Settlements Act
- s.133 amended by Community Planning and Development Act
- s.139 amended by Municipal Statutes Amendment Act
- s.141 amended by An Act to Amend the Dog Act
- s.153 amended by Miscellaneous Statutes Amendment Act, 2004
- s.153 amended by Municipal Statutes Amendment Act
- s.1 Cities, Towns and Villages Act
- s.1 Commissioner’s Land Act
- s.1 Local Authorities Elections Act
- s.1 Motor Vehicles Act
- s.1 Tłı̨chǫ Community Government Act
- s.1 Hamlets Act
- s.1 Cities, Towns and Villages Act
- s.1 Property Assessment and Taxation Act
- s.1 Property Assessment and Taxation Act
- s.1 Cities, Towns and Villages Act
- s.1 Cities, Towns and Villages Act
- s.6 Local Authorities Elections Act
- s.8 Local Authorities Elections Act
- s.8 Local Authorities Elections Act
- s.9 Local Authorities Elections Act
- s.14 Local Authorities Elections Act
- s.15 Local Authorities Elections Act
- s.27 Property Assessment and Taxation Act
- s.32 Emergency Management Act
- s.57 Community Planning and Development Act
- s.62 Public Utilities Act
- s.82 Local Authorities Elections Act
- s.85 Local Authorities Elections Act
- s.90 Public Highways Act
- s.95 Arbitration Act
- s.99 Property Assessment and Taxation Act
- s.108 Chartered Professional Accountants Act
- s.111 Housing Northwest Territories Act
- s.127 Senior Citizens and Disabled Persons Property Tax Relief Act
- s.133 Community Planning and Development Act
- s.133 Community Planning and Development Act
- s.134 Conflict of Interest Act
- s.134 Conflict of Interest Act
- s.141 Motor Vehicles Act
- s.141 Dog Act
- s.141 All-terrain Vehicles Act
- s.153 Property Assessment and Taxation Act
- s.153 Property Assessment and Taxation Act
- s.154 Summary Conviction Procedures Act
- s.163 Property Assessment and Taxation Act
- Acts
- Access to Information and Protection of Privacy Act, s.2
- Chartered Professional Accountants Act, s.91
- Child and Family Services Act, s.57
- Cities, Towns and Villages Act, s.1
- Cities, Towns and Villages Act, s.1
- Cities, Towns and Villages Act, s.9
- Community Planning and Development Act, s.1
- Community Planning and Development Act, s.82
- Conflict of Interest Act, s.1
- Dog Act, s.2
- Elections and Plebiscites Act, s.264.1
- Emergency Management Act, s.21
- Emergency Management Act, s.29 → s.32(4)
- Gas Protection Act, s.2
- Hamlets Act, s.1
- Hamlets Act, s.1
- Hamlets Act, s.9
- Housing Northwest Territories Act, s.34
- Housing Northwest Territories Act, s.42
- Interpretation Act, s.14
- Interpretation Act, Schedule 1
- Motor Vehicles Act, s.348
- Property Assessment and Taxation Act, s.4
- Property Assessment and Taxation Act, s.81
- Property Assessment and Taxation Act, s.94 → s.153(1)
- Property Assessment and Taxation Act, s.97.6
- Property Assessment and Taxation Act, s.97.81
- Public Highways, s.3
- Public Utilities Act, s.77
- Tlicho Community Government Act, s.1
- Tlicho Community Government Act, s.1
- Regulations
- Charter Communities Forms Regulations, s.1 (under the Charter Communities Act) → s.133(8)
- Charter Communities Forms Regulations, Schedule 1 (under the Charter Communities Act) → s.133
- Charter Community Debt Regulations, s.1 (under the Charter Communities Act) → s.71
- Charter Community Debt Regulations, s.5 (under the Charter Communities Act) → s.112(1)
- Charter Community Debt Regulations, s.8 (under the Charter Communities Act) → s.116(2)(a)
- Charter Community Investment Regulations, s.2 (under the Charter Communities Act) → s.130(1)(a)
- Charter Community Investment Regulations, s.2 (under the Charter Communities Act) → s.130(1)(b)
- Charter Community Investment Regulations, s.4 (under the Charter Communities Act) → s.130(1)(a)
- Charter Community Investment Regulations, s.4 (under the Charter Communities Act) → s.130(1)(g)
- Community Planning and Development Regulations, s.1 (under the Community Planning and Development Act)
- Order Establishing the Charter Community of K'asho Got'ine, Schedule B (under the Charter Communities Act) → Part III
The Commissioner of the Northwest Territories, by and with the advice and consent of the Legislative Assembly, enacts as follows:
Definitions
1.In this Act,
"acquire" includes to buy, lease and expropriate; (acquérir)
"budget" means the budget of a charter community adopted by council under section 99; (budget)
"bylaw" means a bylaw made by a council under this or any other Act; (règlement municipal)
"bylaw officer" means a person appointed under section 141; (agent chargé de l'application des règlements municipaux)
"charter community" means a municipal corporation with the status of a charter community established or continued under this Act; (collectivité à charte)
"city" means a city as defined in the Cities, Towns and Villages Act; (cité)
"Commissioner’s land" means lands to which the Commissioner’s Land Act applies; (terres domaniales)
"council" means the council of a charter community; (conseil)
"council member" means the mayor or a councillor; (membre du conseil)
"councillor" means a member of the council of a charter community, other than the mayor; (conseiller)
"debt management plan" means a plan, adopted under section 120, to manage a charter community’s debt; (plan de gestion de la dette)
"dispose" includes to sell and lease; (aliéner)
"election" means an election of a council member conducted in accordance with the Local Authorities Elections Act; (élection)
"election day" means the day fixed for an election; (jour de scrutin) "employee" means an employee of a charter community, including an officer; (employé)
"general election" means an election held to replace council members whose terms of office expire in that year; (élections générales)
"granular and other materials" means carving stone, clay, construction stone, diatomaceous earth, earth, flint, gravel, gypsum, limestone, marble, marl, ochre, peat, sand, shale, slate, sodium chloride, soil and volcanic ash; (matières granuleuses et autres)
"hamlet" means a municipal corporation with the status of a hamlet established or continued under this Act; (hameau)
"highway" means a highway as defined in the Motor Vehicles Act; (route)
"investment plan" means a plan, adopted under section 132, to manage a charter community’s investments; (plan d'investissement)
"land administration bylaw" means a bylaw that provides for procedures and terms and conditions for making acquisitions, dispositions or other activities in relation to real property owned by the charter community; (règlement sur l'administration de biens- fonds)
"local improvement" means a work that will have a benefit to the real property in a particular geographic area within the municipality; (aménagement local)
"local improvement bylaw" means a bylaw made under section 121 that authorizes a local improvement; (règlement d'aménagement local)
"long-term" means a period exceeding one year; (long terme)
"long-term debt" means any debt owed by the charter community with a repayment term of more than one year; (dette à long terme)
"mayor" means the mayor of a charter community; (maire)
"municipal administrator" means a municipal administrator appointed under subsection 161(2); (administrateur municipal) "municipal corporation" means a charter community, city, town, village, hamlet or a Tłı̨chǫ community government established by the Tłı̨chǫ Community Government Act; (municipalité)
"municipal inspector" means a municipal inspector appointed under section 157 or under the Hamlets Act or the Cities, Towns and Villages Act; (inspecteur municipal)
"municipal supervisor" means a municipal supervisor appointed under section 160; (superviseur municipal)
"municipal taxing authority" means a municipal corporation with authority to levy property taxes under the Property Assessment and Taxation Act; (administrateur fiscale municipale)
"municipality" means the area within the boundaries of a charter community, as described in the order establishing or continuing the charter community; (territoire d’une municipalité)
"officer" means the senior administrative officer or a person appointed as an officer under section 46; (agent)
"personal property" includes an interest in personal property; (bien personnel)
"property tax" means tax on real property levied under the Property Assessment and Taxation Act; (impôt foncier)
"public notice" means the giving of a notice to the general public in accordance with section 169; (avis public)
"public utility" means a system or work that provides, for public consumption, benefit, convenience or use, any of the following:
(a) water or steam,
(b) sewage disposal,
(c) drainage,
(d) public transportation,
(e) fuel,
(f) electric power,
(g) heat,
(h) waste management; (service public)
"quarry" means any work or undertaking in which granular and other materials are removed from the ground or the land by any method, and includes all ways, works, machinery, plant, buildings and premises belonging to or used in connection with the quarry; (carrière)
"real property" includes an interest in real property; (bien réel)
"resolution" means a resolution of council; (résolution)
"securities" includes bonds, debentures, treasury bills, trust certificates, guaranteed investment certificates or receipts, certificates of deposit, deposit receipts, bills, notes and mortgages of real property and rights or interests in respect of a security; (titres)
"senior administrative officer" means the senior administrative officer of a charter community appointed under subsection 45(1); (directeur général)
"short-term" means a period of one year or less; (court terme)
"town" means a town as defined in the Cities, Towns and Villages Act; (ville)
"village" means a village as defined in the Cities, Towns and Villages Act; (village)
"voter" means a person who is eligible to vote at an election. (électeur) SNWT 2004,c.7,Sch.B,s.1; SNWT 2007,c.16,s.2; SNWT 2011,c.8,s.3(2).
Long-term financial commitment
2.(1) For the purposes of this Act, "long-term financial commitment" means
(a) a lease of real property or personal property with a fixed term of more than five years or a fixed term of five years or less but with a right of renewal that would, if exercised, extend the original term to more than five years; or
(b) an agreement to purchase real property or personal property if payment of the purchase price under the agreement is to be made over a period exceeding 10 years.
(2) A lease or an agreement to purchase is not to be considered to be a long-term financial commitment under subsection (1) if the payments made under the lease or agreement are nominal or are not made from the general revenues of the charter community.
Purposes of charter community
3.Charter communities are established for the following purposes:
(a) to provide good government to the residents of the municipality;
(b) to develop and maintain a safe municipality;
(c) to provide the services, products and facilities required or allowed by this or any other enactment or considered by council to be necessary or desirable for all or part of the municipality.
General bylaw powers
4.(1) The general legislative powers of a charter community to make bylaws are to be interpreted as giving broad authority to council to govern the municipality in whatever way council considers appropriate, within the jurisdiction given to a charter community under this or any other enactment, and to address issues not contemplated at the time this Act is enacted.
(2) The power to make a specific bylaw under any other enactment is to be interpreted as giving supplementary authority to council to govern in accordance with the general legislative powers of a charter community under this Act.
Aboriginal and treaty rights
5.For greater certainty, nothing in this Act shall be construed so as to abrogate or derogate from any existing aboriginal or treaty rights of the aboriginal peoples of Canada under section 35 of the Constitution
Act,
1982.PART 1
INCORPORATION
Public notice of establishment of charter community
6.(1) The Minister may, on his or her own initiative or at the request of at least 25 residents who, on the date of the request, would otherwise be eligible under section 17 of the Local Authorities Elections Act, to vote in an election, cause public notice to be given in the area of the proposed municipality that the Minister intends to establish a charter community in that place.
(2) The public notice must state the proposed
(a) name and status of the charter community;
(b) boundaries of the municipality; and
(c) date of incorporation.
(3) The public notice must be given at least 90 days before the date of incorporation.
Objection to incorporation
7.(1) Any resident of the proposed municipality may, by writing to the Minister, object to the establishment of the proposed charter community.
(2) In order to be considered, an objection referred to in subsection (1) must be received by the Minister within 90 days after the giving of public notice of the intention to establish a charter community.
Community consultation and approval
8.(1) No charter community shall be established unless
(a) the Minister consults with the persons and groups, including any band council or other local aboriginal organization, in the proposed municipality that the Minister considers necessary; and
(b) the proposed community charter is approved by 60% of the voters in the proposed municipality who vote.
(2) The approval of a community charter by the voters must be obtained in accordance with this section.
(3) Before the vote, the Minister shall cause public notice of the content of the proposed community charter to be given.
(4) The Minister shall, as soon as is practicable, obtain the approval of the voters in accordance with section 7 of the Local Authorities Elections Act.
(5) The Minister may exercise the powers and shall perform the duties of a council under the Local Authorities Elections Act for the purposes of the vote.
Establishment of charter community
9.(1) After considering any objection made under section 7 and obtaining the approval of voters under section 8, the Minister may, by order, establish a charter community.
(2) The order establishing a charter community must
(a) fix the name and status of the charter community;
(b) determine the boundaries of the municipality;
(c) include the community charter; and
(d) provide for the first election of the council members in accordance with the Local Authorities Elections Act.
Request to change name
10.(1) Council may request the Minister to change the name of the charter community.
(2) The Minister, on the recommendation of the Executive Council, may, by order, change the name of a charter community and provide for any transitional matters that may be necessary.
(3) The change of name of a charter community does not affect any of its employees, bylaws, resolutions, assets, liabilities, rights, duties, obligations or functions.
Change in status to charter
11.(1) The Minister may, on his or her own initiative or at the request of council, by order,
(a) change the status of a hamlet, village, town or city to a charter community; and
(b) provide for any transitional matters that may be necessary.
(2) At least 180 days before making an order under subsection (1), the Minister shall cause public notice to be given of the intention of the Minister to change the status of the hamlet, village, town or city to a charter community.
(3) Sections 8 and 9 apply to an order made under subsection (1).
(4) If the status of a city, town or village is being changed,
(a) the order takes effect on the second Monday in December following the date the order is made; and
(b) the term of office for council members ends at 12 noon on the first Monday in January following the date the order is made.
(5) The change in status of a hamlet, village, town or city does not affect any of its employees, bylaws, resolutions, assets, liabilities, rights, duties, obligations or functions.
(6) When a hamlet, village, town or city changes its status to a charter community, the mayor and councillors continue in office until their successors take office.
Request to vary boundaries
12.(1) Council may request the Minister to vary the boundaries of the municipality.
(2) The Minister, on the recommendation of the Executive Council, may, by order, vary the boundaries of a municipality and provide for any transitional matters that may be necessary.
(3) If the boundaries of a municipality are varied, all bylaws apply to the municipality as varied from the date the order made under subsection (2) takes effect.
Community Charter
Content of community
13.A community charter must
(a) describe the composition of council;
(b) fix the day for elections;
(c) specify the names by which council, the mayor and councillors are to be known;
(d) specify the length of the term of office for a council member;
(e) specify whether the terms of office for council members are staggered;
(f) specify how terms of office are to be allocated among council members if the terms of office are staggered;
(g) specify the dates when the terms of office for council members begin and end;
(h) specify the manner in which council members are to be appointed or elected; and
(i) specify which powers to pass bylaws under Part 4 are to apply to the charter community.
Powers of charter community
14.A community charter may, in respect of the charter community,
(a) vary any provision of the Local Authorities Elections Act, except
(i) sections 9 to 13,
(ii) sections 17 and 18, other than to increase the period of residency in paragraphs 17(c) and 18(1)(c),
(iii) sections 20 and 27 to 34,
(iv) subsection 49(3),
(vi) Parts III to VI;
(b) provide that all or certain specified bylaws are not effective until approved by the Minister or some other authority;
(c) establish a procedure for removing a council member before the expiration of his or her term of office ; and
(d) define the relationship between the council and any band council or other local aboriginal organization in or near the municipality.
Procedure to amend community
15.(1) The Minister may amend a community charter where
(a) the council causes public notice of the content of the proposed amendment to be given at least 60 days before the vote conducted under paragraph (b);
(b) the proposed amendment is voted upon in accordance with section 7 of the Local Authorities Elections Act; and
(c) the proposed amendment is approved by at least 60% of the voters in the municipality who vote.
(2) Any resident of the municipality may, by writing to the charter community and the Minister, object to the proposed amendment.
(3) In order to be considered, an objection referred to in subsection (2) must be received by the charter community and the Minister within 45 days after the giving of the public notice of the content of the proposed amendment.
(4) The charter community shall provide the Minister with a copy of any objection it receives in respect of the proposed amendment of the community charter.
(5) The Minister may, after considering any objection made under subsection (2) and after the proposed amendment is approved by the voters in accordance with paragraph (1)(c), by order, amend the community charter.
(6) An order repealing a community charter is subject to the same conditions as an order establishing a charter community.
PART 2
ADMINISTRATION
Councils
Role of council
16.(1) The powers and duties of a charter community shall be exercised and performed by council, unless otherwise provided in this Act.
(2) Council is responsible for
(a) developing and evaluating the plans, policies and programs of the charter community;
(b) making the bylaws and resolutions of the charter community; and
(c) ensuring that the powers, duties and functions of the charter community are appropriately carried out.
Performance of functions
17.(1) Council may perform its functions by either resolution or bylaw, unless required by this or any other enactment to act by bylaw.
(2) Subject to this Act, council may, by bylaw, delegate any of its powers, duties or functions under this or any other enactment to
(a) a committee of council;
(b) a board or commission established by the charter community; or
(c) the senior administrative officer.
(3) Council may not delegate
(a) the power or duty to make bylaws or resolutions;
(b) a function that may only be performed by bylaw;
(c) a power, duty or function that may not be delegated by an enactment; and
(d) the power to appoint the deputy or acting mayor, a youth member, the auditor, the senior administrative officer, officers or bylaw officers, or to suspend or revoke those appointments.
Composition of council
18.The composition of the council and the terms of office for council members are as set out in the community charter.
Change in titles
19.Council, in accordance with the community charter, may call the mayor, deputy mayor and councillors by other names, for the purposes of the charter community.
Variation to number of council members
20.Any variation to the number of council members made by an order, made under section 15, amending a community charter
(a) shall not affect the term of office of any council member in office at the time the order is made;
(b) shall apply to the next general election in respect of elected council members; and
(c) may apply before the next general election in respect of non-elected council members.
Youth members
21.(1) Council may appoint a person with the title "youth member" to sit with council and to participate in its deliberations, for a term and on conditions that council may decide.
(2) A youth member must be less than 18 years of age.
(3) A youth member is not a council member and may not be counted for the purpose of determining a quorum or deciding a vote of council.
Term for municipal taxing authority
22.If a charter community is declared to be a municipal taxing authority, the term of office for council members shall end at 12 noon on the first Monday in November in the year before the year in which the term would otherwise end.
Oath of office
23.Each council member shall, before taking office, take an oath or affirmation of office in the following words or in such other words as council may require by bylaw: I, .............., do solemnly and sincerely promise and (swear or affirm) that I will duly, faithfully and to the best of my skill and knowledge, execute the powers and perform the duties entrusted in me as a (name of office).
Ineligibility
24.(1) A council member who, after taking office, ceases to be eligible to be a candidate for his or her office shall vacate that office and cease to be a council member.
(2) If a council member referred to in subsection (1) does not vacate his or her office immediately, council shall, by resolution, declare that office vacant.
(3) Any person may, within five days after the making of a resolution under subsection (2), apply, by originating notice, to the Supreme Court for judicial review of the declaration.
Council Meetings
Place of business
25.Council may only hold its meetings and transact its business within the municipality, unless council decides otherwise.
Quorum
26.(1) A quorum for council is a majority of the council members then holding office.
(2) A by-election must be held as soon as is practicable to fill the vacancies on council if the number of council members holding office is less than or equal to a bare majority of the number of council members who comprise council.
(3) A by-election shall be held at the call of the mayor, or the senior administrative officer if there is no mayor.
Public meetings
27.(1) Subject to this section, all meetings of council and its committees shall be held in public.
(2) A member of the public may only be excluded from a meeting of council or one of its committees of council for improper conduct.
(3) Council or a committee of council may, by resolution approved by at least 2/3 of the council members present, authorize its meeting to be closed to the public if it decides to discuss any of the following:
(a) commercial information that, if disclosed, would likely be prejudicial to the charter community or the persons involved;
(b) information received in confidence that, if disclosed, would be prejudicial to the charter community or the persons involved;
(c) personal information, including personal information about employees;
(d) the salary, benefits or performance record of an employee;
(e) a matter still under consideration and on which council has not yet publicly announced a decision, if discussion in public would likely prejudice the charter community’s ability to carry out its activities or negotiations;
(f) the acquisition or disposition of property by or on behalf of the charter community;
(g) the setting of minimum tax sale prices under the Property Assessment and Taxation Act;
(h) the conduct of existing or anticipated legal proceedings;
(i) the conduct of an investigation under, or enforcement of, an enactment or bylaw;
(j) information, the disclosure of which could prejudice public security or the maintenance of law and order;
(k) the security of documents or premises.
(4) Council has no power to make a bylaw or a resolution at a meeting that is closed to the public, other than a resolution to
(a) give instructions to the charter community’s lawyers or to any person negotiating a contract on behalf of the charter community;
(b) give directions to staff on confidential personnel issues; or
(c) adjourn the closed meeting or to revert to a public meeting.
(5) Council shall make a public record of any meeting that is closed to the public, specifying at a minimum
(a) that council met in private;
(b) the date of the meeting; and
(c) the general nature of the issues discussed.
Meeting by electronic means
28.(1) Council may conduct a meeting using an electronic means of communication if it enables the council members to hear and speak to each other, and allows the public to hear the members.
(2) Council members participating in a meeting in the manner referred to in subsection (1) are deemed to be present at the meeting.
(3) Only council members who, at the time of the meeting, are outside the municipality or are physically unable to attend the meeting, may participate in the manner described in subsection (1).
First meeting of council
29.(1) The first meeting of council following a general election must be held not later than 45 days after the election day at the time and place that the mayor designates.
(2) Council shall hold at least one regular meeting each month at the time and place that council fixes by resolution.
Public notice
30.(1) Council shall ensure that public notice of the time and place of each regular council meeting is given at least three days in advance.
(2) Council may meet the requirement in subsection (1) by giving public notice of a schedule of regular meetings at least once each year.
(3) An agenda for each regular council meeting shall be made available to the public at least three days in advance of the meeting.
Special meetings
31.(1) The senior administrative officer shall call a special council meeting if requested to do so in writing by the mayor or by two councillors.
(2) The senior administrative officer shall, at least 48 hours in advance, give each council member notice of the time and place of the special meeting and the nature of the business to be transacted, and shall at the same time give public notice of that information.
(3) Council may not transact any business at a special meeting other than that specified in the notice of the special meeting, unless all council members are present and they all agree.
Emergency meeting
32.(1) Any council member may call an emergency council meeting if he or she considers that an emergency exists or may soon exist in the municipality.
(2) The council member calling the meeting or the senior administrative officer shall
(a) notify as many council members as is possible in the circumstances of the time and place of the emergency meeting and the nature of the business to be transacted; and
(b) give as much public notice of the meeting as is possible in the circumstances.
(3) Those council members attending an emergency council meeting constitute a quorum.
(4) Council may, at an emergency meeting, make a declaration of a state of local emergency relating to all or any part of the municipality in accordance with the Emergency Management Act, and may only transact business relating to the emergency. SNWT 2018,c.17,s.29.
Rules of procedure for
33.Council shall, by bylaw, make rules respecting
(a) the calling of meetings of council and its committees;
(b) the procedure of council;
(c) the attendance of council members at meetings of council and its committees;
(d) the conduct of meetings by electronic means;
(e) the procedures for voting at meetings of council and its committees;
(f) the behaviour of council members and other persons present at meetings of council and its committees;
(g) the establishment, appointment and duties of committees of council; and
(h) the general transaction of its business.
Rules for public
34.Council may, by bylaw, make rules respecting
(a) the calling of public meetings by the
(b) the procedure at the public meetings; and
(c) the behaviour of persons at the public meetings.
Validity of resolutions and bylaws
35.(1) Subject to this Act, a resolution or bylaw is not valid unless a majority of the council members present and voting at a duly constituted meeting of council vote in favour of it.
(2) A resolution or bylaw validly made by a duly constituted council is not invalid by reason only that
(a) the election of a council member is invalid; or
(b) a council member is disqualified from serving on council.
Records
Keeping of minutes
36.(1) The senior administrative officer shall make a written record of the minutes of the proceedings of all meetings of council and its committees and shall certify them as correct.
(2) The senior administrative officer shall record in the minutes the name of each council member and how that council member voted if
(a) a recorded vote is requested by any council member; or
(b) the vote requires more than a majority.
(3) Council shall, after correcting any errors, adopt the certified record of its minutes, after which the mayor or other presiding council member shall sign them.
Public inspection of records
37.(1) The bylaws and the minutes of all meetings of council and its committees must be open for public inspection once the bylaws are made or the minutes are adopted by council.
(2) Any person may receive copies of all or any part of the bylaws or the minutes of a meeting of council on payment of a fee determined by bylaw.
Council Members
Duties of council
38.The duties of each council member are
(a) to consider the welfare and interests of the residents of the municipality as a whole and to bring to council’s attention anything that would promote the welfare or interests of the residents;
(b) to participate generally in developing and evaluating the policies, plans and programs of the charter community;
(c) to participate in meetings of council and in meetings of council committees or other bodies to which the member is appointed by council;
(d) to ensure that he or she is kept informed about the operation and administration of the charter community;
(e) to keep in confidence matters discussed in private at a meeting of council or one of its committees, until these matters are discussed at a meeting held in public; and
(f) to perform any other duty or function imposed on council members by this or any other enactment or by council.
Code of ethics
39.(1) Council may adopt a code of ethics for council members.
(2) A code of ethics may provide that council, by a 2/3 majority, may publicly censure or remove from a meeting any council member who it determines has breached the code of ethics.
Entitlement to vote
40.(1) A councillor has one vote at a meeting of council or a committee of council.
(2) Council shall, in the bylaw referred to in section 33, specify whether the mayor or other presiding council member has
(a) the right to vote only in order to break a tie vote among the councillors; or
(b) the same right to vote as a councillor, either generally or only in specific circumstances.
(2.1) Where the mayor or other presiding council member has the same right to vote as a councillor, either generally or only in specific circumstances as referred to in paragraph (2)(b), a vote that results in a tie is defeated.
(3) Unless otherwise specified in the bylaw referred to in section 33, an abstention by a council member does not count as a vote. SNWT 2011,c.7,Sch.A, s.1.
Deemed resignation for non-attendance
41.Council may, by bylaw, provide that a council member who is absent from regular meetings of council, without the consent of council, more than a certain number of times specified in the bylaw, is deemed to have resigned.
Mayor
Duties of mayor
42.(1) The mayor shall, in addition to his or her general duties as a council member,
(a) preside at all meetings of council, other than where prohibited by a bylaw or enactment for reasons of conflict of interest or other disability;
(b) provide leadership and direction to council;
(c) maintain order and decorum at all meetings of council; and
(d) perform any other duty imposed on the mayor by a bylaw or this or any other enactment.
(2) The mayor is, by virtue of that office, a member of all committees of council, and possesses all the rights, privileges, powers and duties of that membership.
Deputy mayor
43.(1) Council, on the recommendation of the mayor, may appoint a councillor to be the deputy mayor.
(2) The deputy mayor
(a) shall perform the duties and may exercise the powers of the mayor when the mayor is absent or unable to act; and
(b) shall perform other duties and may exercise other powers determined by council on the recommendation of the mayor.
Acting mayor
44.(1) When both the mayor and the deputy mayor are absent or unable to act, council may appoint a councillor to be the acting mayor.
(2) The acting mayor has the same powers and duties as the deputy mayor.
Officers
Senior administrative officer
45.(1) Council shall, by bylaw, appoint a senior administrative officer.
(2) The senior administrative officer is an employee of the charter community.
(3) Council may give the senior administrative officer another title for the purposes of the charter community.
Other officers
46.(1) Council may, by bylaw, appoint officers in addition to the senior administrative officer, and may authorize them to perform
(a) any duty or power assigned to the senior administrative officer by this Act, other than those referred to in subsection 49(1); or
(b) any other duties council considers necessary or advisable
(2) Council may appoint employees to act on behalf of any officer who is absent or unable to act.
Prohibited officers
47.(1) Council may not appoint as an officer any person who has a direct or indirect interest in a contract with the charter community.
(2) No officer shall have any direct or indirect interest in a contract with the charter community.
(3) An officer who acquires an interest in a contract with the charter community may be dismissed without notice and without compensation.
(4) This section does not apply to
(a) contracts for the acquisition of a residence or land on which to build a residence to be occupied by the officer or the officer’s dependants;
(b) contracts for the supply of a service, public utility or facility at rates generally available to members of the public;
(c) contracts of employment or for benefits related to employment;
(d) an interest that benefits the officer in the same way as any resident of the municipality; or
(e) an interest that is so remote or insignificant in its nature that it cannot reasonably be regarded as likely to influence the officer in the performance of his or her functions.
Bonding
48.(1) The following persons must be bonded in the amount, for the risks and with the surety that council directs:
(a) the senior administrative officer;
(b) an employee performing duties related to those referred to in paragraphs 49(2)(f) to (l);
(c) such other officers or employees as council may require.
(2) The charter community shall pay the costs of the bonding required by subsection (1).
Primary duties of senior administrative
49.(1) Subject to the direction of council, the senior administrative officer shall
(a) supervise and direct the affairs of the charter community and its employees;
(b) implement the policies of council;
(c) provide advice to council;
(d) inspect and report on all municipal works as required by council;
(e) ensure that the budget is prepared in accordance with this Act;
(f) ensure that all contracts of the charter community are prepared and executed as required by council; and
(g) perform such other duties that council may delegate or require.
(2) The senior administrative officer is responsible for
(a) maintaining custody of the corporate seal of the charter community and causing it to be affixed to documents where required;
(b) attending meetings of council and its committees and accurately recording the resolutions, decisions and proceedings;
(c) preparing and maintaining custody of the minutes and other records of council and its committees;
(d) maintaining custody of the original of each bylaw;
(e) providing copies of bylaws, minutes and other public documents of the charter community in accordance with this Act;
(f) ensuring the safekeeping of all funds, securities and assets of the charter community;
(g) collecting and receiving all money owned by or owing to the charter community;
(h) ensuring that all disbursements of the funds of the charter community comply with this Act and any applicable bylaw;
(i) ensuring that complete and accurate accounts are kept of all money received and disbursed on behalf of the charter community;
(j) ensuring that complete and accurate accounts are kept of all assets and liabilities of the charter community and all transactions affecting the financial position of the charter community;
(k) ensuring that the financial statements of the charter community are prepared annually in accordance with this Act and at further times that council may direct; and
(l) providing the financial information respecting the charter community that the Minister may require.
(3) The senior administrative officer may
(a) inspect any financial record of the charter community; and
(b) give directions to any employee in order to perform the duties referred to in paragraphs 2(f) to (l).
Employees
Employees
50.(1) A charter community may employ the persons it considers necessary to carry out its business and affairs.
(2) Council may, by bylaw, allow one person to hold two or more offices or positions.
Prohibited appointments
51.A council member may not be appointed to a salaried office or employment in the charter community.
Terms of employment
52.(1) Council may, by bylaw,
(a) establish the remuneration and benefits of employees;
(b) establish hours of work and terms of employment;
(c) provide for the manner of appointment, promotion, discipline and dismissal of employees;
(d) provide retirement, death or disability benefits to employees; and
(e) on behalf of the charter community, enter into collective or other agreements with employees.
(2) Council may, by bylaw,
(a) provide for the indemnification of employees who are sued in connection with the performance of their duties or the conduct of the business or affairs of the charter community;
(b) establish the terms and conditions of the indemnity; and
(c) establish the risks and positions that will be covered.
Prohibition on paying fine of employee
53.No charter community may pay a fine imposed on an employee found guilty of an offence under an enactment of the Northwest Territories or Canada.
PART 3
GENERAL POWERS
Corporate Status
Municipal corporation
54.(1) A charter community is a municipal corporation.
(2) A charter community has the capacity to exercise its rights and powers in accordance with this Act.
Corporate seal
55.Council shall, by bylaw, adopt a corporate seal for the charter community.
Contracts
Power to contract
56.(1) A charter community has the power to contract for a municipal purpose.
(2) The procedure for the making of contracts for and on behalf of the charter community must be set out in a bylaw.
Real Property
Acquisition and use of real property
57.(1) A charter community may, for a municipal purpose,
(a) acquire real property;
(b) use, hold or develop real property owned by the charter community; and
(c) subdivide, in accordance with the Community Planning and Development Act, real property owned by the charter community.
(2) A charter community may, for a municipal purpose, acquire, construct, operate, repair, improve and maintain public works and improvements.
(3) A charter community may not acquire real property unless
(a) council has made a land administration bylaw and the acquisition is made in accordance with that bylaw; and
(b) the acquisition is specifically authorized or approved by a bylaw.
(4) For greater certainty, a charter community may acquire the fee simple interest in any part of a parcel that is adjacent to or under a body of water within the municipality.
(5) For greater certainty, a charter community may restore, establish and operate a quarry on
(a) Commissioner’s land in the municipality, if authorized to do so under a lease or a delegation agreement; and
(b) land owned by the charter community.
(6) For greater certainty, a charter community may not acquire the fee simple interest in any mines or minerals, other than granular and other materials. SNWT 2011,c.22,s.82(2).
Prohibition on disposition
58.(1) No person shall dispose of any real property owned by the charter community other than in accordance with this Act and the bylaws of the charter community.
(2) A charter community may only dispose of its real property if
(a) council has made a land administration bylaw and the disposition is made in accordance with the land administration bylaw; or
(b) the disposition is specifically authorized or approved by a bylaw.
(3) The Minister may, at the request of council, by order, exempt a charter community from compliance with paragraph (2)(a) for such period of time and subject to such conditions as the Minister considers appropriate.
Land administration bylaw
59.(1) A land administration bylaw must provide for the procedures and terms and conditions for making any acquisition, disposition or other activity referred to in subsections 57(1) and 58(1).
(2) Before giving third reading to a land administration bylaw, council shall
(a) give at least two weeks public notice of the proposed land administration bylaw; and
(b) hear any person claiming to be affected by the bylaw who wishes to be heard.
Personal Property
Personal property
60.A charter community may, for a municipal purpose,
(a) acquire personal property; or
(b) hold or use personal property owned by the charter community.
Prohibition
61.(1) No person shall dispose of any personal property owned by the charter community other than in accordance with this Act and the bylaws of the charter community.
(2) A charter community may not dispose of its personal property unless
(a) the personal property is not required for a municipal purpose; or
(b) the disposition of the personal property is necessary for or promotes a municipal purpose.
(3) Council may, by bylaw, provide procedures for the
(a) acquisition of personal property;
(b) use or holding of personal property owned by the charter community; and
(c) disposition of personal property owned by the charter community.
Services, Public Utilities and Facilities
Services, public utilities and facilities
62.(1) A charter community may, for a municipal purpose, establish, deliver and operate services, public utilities and facilities.
(2) Subject to the Public Utilities Act, council shall, when exercising the powers referred to in subsection (1), by bylaw,
(a) set the terms and conditions applicable to users;
(b) set reasonable rates or amounts of deposits, fees and other charges;
(c) provide for charging and collecting these deposits, fees and other charges;
(d) provide criteria for when service will be discontinued, disconnected or refused; and
(e) provide for a right of entry onto private property to determine compliance with terms and conditions of use, to determine the amount of deposits, fees or other charges, or to disconnect a service.
(3) A charter community may enter into a municipal services agreement to provide services, public utilities and facilities to persons outside the municipality.
Delivery options
63.A charter community that wishes to deliver or operate a service, public utility or facility may do so in one of the following ways:
(a) deliver or operate it directly through its employees;
(b) establish a board or commission to deliver or operate it as an agent of the charter community under section 64;
(c) enter into an agreement with another person to deliver or operate it as an agent of the charter community under section 65;
(d) delegate the power to deliver or operate it to a body, office, government or entity under section 66;
(e) grant a franchise under section 95.
Boards and Commissions
Establishment of boards and commissions
64.(1) Council may, by bylaw, establish a board or commission to administer or provide a service, public utility or facility as an agent of the charter community.
(2) The bylaw referred to in subsection (1) may provide for
(a) the powers and duties of the board or commission;
(b) the reporting requirements of the board or commission;
(c) the procedures of the board or commission;
(d) the payment of a reasonable allowance for expenses necessarily incurred in the performance of the duties of a member of a board or commission;
(e) the payment of an honorarium to board or commission members for attending meetings of the board or commission or for performing any other duties;
(f) the appointment of members to the board or commission, including persons who are members by virtue of their office and persons other than the mayor or councillors;
(g) the board or commission being a corporate entity; and
(h) such other matters as council considers advisable, including any matter referred to in subsection 65(2).
(3) The mayor is, by virtue of that office, a member of every board and commission established by the charter community.
(4) A board or commission established by a charter community must have at least one councillor as its member.
(5) The requirements with respect to meetings of council committees apply to meetings of boards or commissions established by a charter community, unless otherwise provided for by bylaw.
Agency Agreements
Delivery by agents
65.(1) A charter community may, if authorized by bylaw, enter into an agreement to allow another person to provide a service, public utility or facility as an agent of the charter community.
(2) For greater certainty and subject to this Act, a charter community may, in the agreement referred to in subsection (1),
(a) grant a person the right to provide, operate, manage, upgrade and expand a service, public utility or facility in existence at the time of the agreement;
(b) grant a person the right to finance, construct, provide, operate, manage, upgrade and expand a service, public utility or facility not in existence at the time of the agreement;
(c) dispose of any property owned by the charter community that is required for the purposes of providing the service, public utility or facility;
(d) transfer any rights or liabilities of the charter community with respect to the service, public utility or facility; and
(e) provide financial or other assistance to the person who is to provide the service, public utility or facility.
(3) An agreement containing any of the provisions referred to in paragraphs (2)(d) and (e) must be approved by the Minister or must be authorized by the charter community’s investment plan.
(4) An agreement made under this section must include a provision providing for the termination of the agreement.
Delegation Agreements
Delegation by charter community
66.(1) Council may, by bylaw, authorize the delegation to another government or entity of the authority and responsibility for administering and delivering any service or program on behalf of the charter community.
(2) A charter community may not delegate
(a) the power to make bylaws;
(b) the power of council to appoint the deputy or acting mayor, a youth member, the auditor, the senior administrative officer, officers or bylaw officers, or to suspend or revoke those appointments;
(c) the duty to adopt a budget; or
(d) the duty to hear objections, complaints, reviews or appeals required by this or any other enactment.
(3) A charter community may only delegate to a government or entity such authorities and responsibilities as it is legally capable of receiving.
Delegation to charter community
67.(1) Council may, by bylaw, authorize the charter community to act as the delegate of another government or entity and receive the delegation of
(a) authority and responsibility for administering or delivering a service or program on behalf of the other government or entity; and
(b) the power to enact laws on behalf of the other government or entity.
(2) A charter community may act as a delegate both within and outside the boundaries of the municipality, if authorized by the other government or entity.
(3) A charter community may not act as a delegate in respect of
(a) the power to appoint the deputy or acting mayor, a youth member, the auditor, the senior administrative officer, officers or bylaw officers, or to suspend or revoke those appointments;
(b) the duty to adopt a budget; or
(c) the duty to hear objections, complaints, reviews or appeals required by this or any other enactment.
(4) A charter community may not act as a delegate of a government or entity if the charter community is liable for any of the costs associated with the delegation.
(5) A charter community does not have the authority to subdelegate the power to administer and deliver any service or program delegated to the charter community by the delegation agreement, unless expressly authorized under the delegation agreement.
(6) If expressly authorized in a delegation agreement, council may, by bylaw,
(a) establish a board or commission to administer all or part of a program or service transferred to the charter community under a delegation agreement;
(b) provide for the board or commission to be jointly controlled by two or more parties to the agreement;
(c) define the powers and duties of the board or commission; and
(d) provide for any matters with respect to the board or commission that the parties to the delegation agreement consider advisable.
Authorized delegates
68.The following governments or entities are the only ones to which and from which a delegation may be made under sections 66 and 67:
(a) the Government of the Northwest Territories, including its departments and agencies;
(b) the Government of Canada, including its departments and agencies;
(c) a board or public body, established by an enactment of Canada, that has jurisdiction only within the Northwest Territories;
(d) a government or entity established to represent or act on behalf of an aboriginal people of Canada, including any government or entity established under a final self-government agreement or a comprehensive land claim agreement;
(e) a municipal corporation or a board or public body established by an enactment of the Northwest Territories.
Form of delegation
69.(1) The terms and conditions of the delegation by or to a charter community must be set out in a delegation agreement entered into by the charter community with the other government or entity.
(2) A charter community has, subject to the terms and conditions of a delegation agreement, the power to administer and deliver any service or program delegated to the charter community by that agreement.
(3) A delegation agreement must include provisions
(a) describing a process for the settling of disputes among the parties to the agreement; and
(b) providing for the termination of the agreement.
(4) An agreement similar in nature and purpose to a delegation agreement that was entered into before the coming into force of this section is deemed to be a delegation agreement that complies with this section.
Municipal Businesses and
Economic Development
Commercial services
70.A charter community may provide its services on a commercial basis, including using its equipment, materials and labour to carry out private works on private property.
Corporations
71.(1) Council may, with the approval of the Minister or if authorized by the charter community’s investment plan, establish a corporation or acquire or hold shares in a corporation for a municipal purpose.
(2) The corporation may be established or its shares may be acquired or held
(a) solely by the charter community; or
(b) jointly with one or more parties to an agreement respecting the delivery or operation of a service, public utility or facility under section 65, 66 or 67.
Economic development powers
72.(1) A charter community may encourage economic development for a municipal purpose, including the establishment, expansion or continuation of a business or industry in the municipality, in any manner it considers appropriate.
(2) A charter community shall not purchase shares or provide loans or guarantees to encourage economic development.
(3) For greater certainty, a charter community may provide grants in accordance with section 127 to encourage economic development.
(4) A charter community may enter into an agreement for the purposes of this section with
(a) an individual or corporation;
(b) a government or entity with which it may enter into a delegation agreement; or
(c) a municipal government outside of the Northwest Territories.
Deleted in Standing Committee, October 1,
PART 4
LEGISLATIVE POWERS
General Powers
General legislative powers
74.(1) In addition to any power to make bylaws in any other enactment, council may make bylaws for municipal purposes respecting
(a) the safety, health and welfare of people and the protection of people and property;
(b) people, activities and things in, on or near a public place or a place that is open to the public;
(c) public nuisances, including unsightly property;
(d) transport, motor vehicles, pedestrians and local transportation systems;
(e) the management, use and protection of lands;
(f) businesses, business activities and persons engaged in business;
(g) public utilities;
(h) programs, services, infrastructure and facilities provided or operated by or on behalf of the charter community;
(i) domestic and feral animals and activities in relation to them;
(j) the operation and internal management of the charter community; and
(k) the enforcement of bylaws.
(2) The power of a charter community to make bylaws is subject to all enactments of the Northwest Territories and Canada.
(3) The general powers to make a bylaw under this section are subject to any conditions on a power to make a specific bylaw set out elsewhere in this Act or in any other enactment.
(4) A bylaw that is inconsistent with an enactment of the Northwest Territories or Canada is of no effect to the extent of the inconsistency. SNWT 2011,c.22,s.82(3).
Geographical limitation
75.(1) Subject to subsection (2), a bylaw applies only inside the boundaries of the municipality.
(2) If approved by the Executive Council on the recommendation of the Minister, a bylaw that serves the residents of the municipality may apply outside the boundaries of a municipality, but within the Northwest Territories, in respect of
(a) a public utility;
(b) an airport, aerodrome or facilities for them;
(c) fire protection services;
(d) ambulance services;
(e) recreation programs, services or facilities;
(f) a quarry;
(g) a service or program delegated to the charter community under a delegation agreement; or
(h) operation and internal management of the charter community and the conduct of its affairs and activities.
Exercising bylaw powers
76.For greater certainty, a bylaw may
(a) regulate or prohibit activities;
(b) create offences;
(c) adopt by reference, in whole or in part and with any changes council considers necessary or advisable, a code or standard made or recommended by the Government of the Northwest Territories, the Government of Canada, the government of a province or another territory or a recognized technical or professional organization, and require compliance with the code or standard;
(d) deal with any activity or thing in different ways, divide each of them into classes and deal with each class in different ways;
(e) establish fees or other charges for products, programs, services, public utilities, infrastructure and facilities provided or done by the charter community or for the use of property under the ownership, direction, management or control of the charter community;
(f) provide for a system of licences, permits or approvals, including
(i) establishing fees that may be in the nature of a reasonable tax for the activity authorized or for the purpose of raising revenue,
(ii) establishing higher fees for non- residents,
(iii) prohibiting any activity or thing until a licence, permit or approval has been granted,
(iv) providing that terms and conditions may be imposed on any licence, permit or approval, and specifying the nature of the terms and conditions and who may impose them,
(v) setting out the conditions that must be met before a licence, permit or approval is granted or renewed, the nature of the conditions and who may impose them, and
(vi) providing for the duration of licences, permits and approvals and for their suspension or cancellation for a failure to comply with a term or condition or the bylaw or for any other reason specified in the bylaw;
(g) provide for a right of appeal and specify the body that is to decide the appeal and related matters, unless a right of appeal is already provided in an enactment;
(h) provide for procedures, including inspections, for determining whether bylaws are being complied with; and
(i) provide remedies for contraventions of bylaws.
Bylaw Procedures
Amending or repealing bylaw
77.(1) Council may, by bylaw, amend or repeal a bylaw.
(2) The power of council to amend or repeal a bylaw is subject to the same conditions as the power to make the bylaw.
Readings of bylaws
78.(1) A bylaw must have three distinct and separate readings to be effective.
(2) A bylaw may not receive more than two readings at any one meeting of council, unless all council members are present and agree to give the bylaw third reading at the meeting.
(3) A bylaw must be in writing before it may receive first reading.
Requirements for bylaws
79.(1) To be effective, a bylaw must
(a) be in writing;
(b) be under the corporate seal of the charter community;
(c) be signed by the mayor or other presiding council member; and
(d) bear a certification by the senior administrative officer that the bylaw has been made in accordance with the requirements of this Act and the bylaws of the charter community.
(2) Subject to this Act, a bylaw takes effect on the date it meets the requirements of subsection (1) or at such later date as may be specified in the bylaw.
(3) A copy of a bylaw under the corporate seal of the charter community and certified by the senior administrative officer to be a true copy is admissible in evidence without further proof of validity. SNWT 2011,c.7,Sch.A,s.2.
Availability of copies
80.(1) The senior administrative officer shall ensure that a copy of every bylaw is available to the public as soon as possible after it receives first and third reading.
(2) The senior administrative officer shall forward a copy of every bylaw to the Minister not later than 10 days after it receives third reading.
Approval of Bylaws
Time for obtaining approval
81.(1) If, under this or any other enactment, a bylaw requires the approval of the voters, the Minister or some other authority, that approval must be obtained after the bylaw receives first reading, and the bylaw may not receive third reading or have any effect until that approval is obtained.
(2) Evidence that a bylaw has been approved by the voters, the Minister or some other authority must be shown by
(a) the person who approved it signing the bylaw; or
(b) if a signature is not practicable, the senior administrative officer certifying on the bylaw that the approval was obtained.
Procedure for obtaining voter approval
82.(1) Approval of the voters under this Act for a bylaw must be obtained in accordance with section 7 of the Local Authorities Elections Act respecting the submission of questions to the voters.
(2) After the proposed bylaw receives first reading, council shall seek approval of the voters for the bylaw by holding a vote on it at the next general election or at an earlier date fixed by council.
(3) At least two weeks before the date of the vote, the charter community must give public notice stating that council is seeking the approval of the voters for the proposed bylaw and describing the purpose of the bylaw. SNWT 2004,c.11,s.3(2).
Limit on resubmission for approval
83.If a bylaw requiring approval of the voters is not approved, the charter community may not submit another bylaw having the same purpose to the voters within six months after the vote, unless the Minister allows an exception.
Approval option
84.For greater certainty, a charter community may submit any bylaw to the voters for approval, including a bylaw that was the subject of an insufficient petition.
Voter Petitions
Right to petition
85.(1) The voters in a municipality may, by petition, require council to
(a) make a specific bylaw, if it is approved by the voters; or
(b) not make a bylaw that has already received first reading, unless it is approved by the voters.
(2) A petition must be signed by at least 25% of the voters in the municipality to be effective.
(2.1) For the purposes of subsection (2), the total number of voters of a municipality is the number of voters on the list of voters prepared under the Local Authorities Elections Act for the most recent municipal election.
(3) A petition may only be made in relation to a bylaw on a subject within the legislative powers of the charter community.
(4) Each page of the petition must contain an identical statement of the purpose of the petition.
(5) The petition must include, in respect of each petitioner,
(a) the printed surname and printed given names or initials of the petitioner;
(b) the mailing address or telephone number of the petitioner;
(c) the petitioner’s signature;
(d) a declaration that the petitioner
(i) was, to the best of his or her knowledge, on the list of voters for the most recent municipal election and that he or she continues to be, to the best of his or her knowledge, eligible to vote, or
(ii) was not, to the best of his or her knowledge, on the list of voters for the most recent municipal election and that he or she is, to the best of his or her knowledge, eligible to vote; and
(e) the date on which the petitioner signs the petition.
(6) The petition must have attached to it a signed statement of a person stating that he or she represents the petitioners and will respond to inquiries about the petition from the charter community.
(7) A petition must be filed with the senior administrative officer.
(8) No name may be added to or removed from a petition after it has been filed with the senior administrative officer. SNWT 2004,c.11,s.3(3); SNWT 2011,c.7,Sch.A,s.3.
Determining sufficiency
86.(1) The senior administrative officer is responsible for determining if the petition is sufficient to comply with section 85.
(2) When counting the number of petitioners on a petition, the senior administrative officer shall exclude any person
(a) whose signature appears on a page of the petition that does not have the same purpose statement contained on the other pages of the petition;
(b) whose printed name is not included or is incorrect;
(c) who did not provide a mailing address or phone number;
(d) whose signature is not dated;
(e) whose name does not appear on the list of voters from the last municipal election, unless he or she, at the request of the senior administrative officer, swears a statutory declaration stating that he or she is eligible to vote;
(f) who is not an eligible voter; or
(g) who signed the petition more than 60 days before the date on which the petition was filed with the senior administrative officer.
(2.1) The senior administrative officer shall make reasonable efforts to contact a person referred to in paragraph (2)(e) and provide him or her with the opportunity to swear a statutory declaration stating that he or she is eligible to vote.
(3) Within 30 days after the date on which a petition is filed, the senior administrative officer shall report to council on whether the petition is sufficient.
(4) Council is not required to take any notice of a petition that is not sufficient. SNWT 2011,c.7, Sch.A,s.4.
Petition for making bylaw
87.(1) If council receives a sufficient petition calling for voter approval of a bylaw, it shall
(a) cause a bylaw conforming to the subject matter and intent of the petition to be prepared and read a first time, unless the bylaw has already received first reading;
(b) cause a copy of the bylaw to be forwarded to the Minister; and
(c) submit the bylaw to the voters for approval.
(2) If council receives a sufficient petition respecting a bylaw that has already received first reading, council may not proceed with third reading unless the bylaw is approved by the voters.
(3) Subject to any requirement for Ministerial approval, if a bylaw submitted to the voters as a result of a petition is approved by the voters, the bylaw must be made by council within four weeks after the vote, without any alteration being made in the bylaw affecting its substance.
(4) If a bylaw has been submitted to the voters as a result of a petition, the charter community may refuse to take action on any further petition for the same purpose filed within one year after the date of the vote.
(5) A bylaw approved by the voters as a result of a petition may be amended or repealed only if
(a) the proposed amendment or repeal also is approved by the voters; or
(b) at least three years have passed since the making of the bylaw.
Quashing and Disallowing
Bylaws and Resolutions
Application to quash
88.Any person resident in the municipality or adversely affected by a resolution or bylaw may, by originating notice, apply to the Supreme Court for an order quashing the resolution or bylaw.
Disallowance
89.The Minister, on the recommendation of the Executive Council, may disallow any bylaw for any reason within one year after it receives third reading.
Transportation and Public Places
Authority over highways
90.(1) Subject to subsection (2), a charter community may make bylaws respecting any highway in the municipality.
(2) Bylaws may be made in respect of a primary highway designated under the Public Highways Act only in accordance with an agreement made under section 10 of that Act.
(3) For greater certainty, a bylaw may
(a) adopt as a highway any road on private land dedicated for public use by the owner by instrument in writing;
(b) designate parts of highways as sidewalks, curbs, medians and other component parts;
(c) provide for the naming or numbering of highways and the numbering of buildings;
(d) provide for the construction of highways and works on highways;
(e) provide for the repair of highways and works on highways;
(f) provide for the removal of snow, ice, dirt, garbage or other obstructions from highways by
(i) the charter community,
(ii) the owner or occupier of property adjacent to the highway, or
(iii) any person responsible for depositing it on the highway; and
(g) prohibit and provide for the removal of encroachments, obstructions and nuisances on highways.
Duty to repair highways and public places
91.A charter community shall keep each highway and other public place that is subject to its direction, control and management, including works in, on or above the highway or public place put there by the charter community or by any other person with the permission of the charter community, in a state of reasonable repair, having regard to the character of the highway, place or work and the area of the municipality in which it is located.
Opening and closing highways
92.(1) A bylaw may provide for the opening and closing of highways.
(2) A charter community may, by resolution, temporarily close a highway for a fixed period of time.
(3) The public has a right of access to any highway in the municipality, subject to any restriction or closure provided by bylaw.
(4) A charter community may not close a highway if it prevents a person from entering or leaving his or her real property or residence, unless it provides the person with reasonable compensation or another convenient means of access.
(5) Before giving third reading to a bylaw that will open, establish, close, widen, divert or dispose of a highway, council shall
(a) cause public notice of the proposed bylaw to be given at least two weeks in advance; and
(b) hear any person claiming to be affected by the bylaw who wishes to be heard.
(6) If a charter community closes a highway, it shall give public notice of the closure and cause signs or signal devices to be erected to warn traffic of the closure.
Operation of airports and aerodromes
93.If a charter community is issued a licence in respect of an airport or aerodrome under the Aeronautics Act (Canada) or enters into an agreement with the holder of such a licence, it may make bylaws respecting
(a) the operation of the airport or aerodrome and associated facilities; and
(b) any matter necessary to operate under the licence or to implement the agreement.
Public Utilities
Source of funding
94.(1) A bylaw respecting a public utility must state the sources of funding for all costs that will be incurred by the charter community as a result of the bylaw.
(2) For greater certainty, a bylaw respecting a public utility may
(a) provide for the prohibition or regulation of the discharge of substances and liquids into a water distribution system, a sewage disposal system, a drainage system or a waste management system;
(b) require the owners of real property to connect their buildings and structures to a public utility in the municipality in the manner required by the bylaw; and
(c) impose a charge on the owner of real property for the costs incurred by the charter community in providing a connection between a public utility and the edge of the real property to be served.
Public utility franchises
95.(1) The grant of a public utility franchise by a charter community to any person must be by bylaw approved by the voters.
(2) Notwithstanding subsection (1), the Minister may, by order made at the request of council, exempt the public utility franchise bylaw from the requirement for approval of the voters.
(3) A charter community may not grant a public utility franchise for a term exceeding 20 years.
(4) Council may, from time to time, by bylaw, renew the term of a public utility franchise for further terms not exceeding 10 years each.
(5) If a public utility franchise is not renewed, a charter community may, with the approval of the Minister, purchase any or all of the rights under the franchise and any or all property used in connection with the franchise on terms agreed upon by the parties or, failing agreement, on terms determined by a sole arbitrator under the Arbitration Act.
Limitations on Powers
Prohibition on exemptions
96.Unless specifically authorized by an enactment, no charter community may grant a specific person an exemption from
(a) any tax, rate, rent or other charge payable to the charter community; or
(b) the application of a bylaw.
Limit on powers after election day
97.(1) During the period commencing on election day and ending on the first day the term of new council members can begin, no council or council member may
(a) make a resolution or bylaw that will result, directly or indirectly, in an expenditure not set out in the budget for the current fiscal year;
(b) enter into a contract or obligation on behalf of the charter community; or
(c) appoint or dismiss any officer.
(2) Notwithstanding subsection (1), council and council members may do those things referred to in that subsection if
(a) it is in the public interest and is urgently required; or
(b) it is authorized by a bylaw made before the election day.
PART 5
FINANCIAL AFFAIRS
Budgets
Fiscal year
98.The fiscal year for a charter community is
(a) the period commencing on April 1 and ending on March 31 in the following year; or
(b) the calendar year, if the charter community is a municipal taxing authority.
Adoption of budget
99.(1) Council shall, before each fiscal year, adopt a budget for the fiscal year.
(2) The budget must include estimates of
(a) all expenditures to be incurred by the charter community, including
(i) payments in respect of debts,
(ii) operating expenditures,
(iii) capital expenditures, and
(iv) grants;
(b) all revenues to be received by the charter community, including
(i) fees and charges for services, public utilities and facilities, and
(ii) grants and contributions;
(c) any sum required to meet a deficit incurred by the charter community in the preceding fiscal year; and
(d) any taxes that may be collected by the charter community and forwarded under the Property Assessment and Taxation Act.
(3) A charter community must follow any guidelines issued by the Minister regarding the form and content of budgets.
Public access to budget
100.(1) A charter community shall make a copy of the current budget available to the public.
(2) The senior administrative officer shall forward a copy of the budget to the Minister within 10 days after its adoption.
Surplus
101.(1) A charter community may save any surplus at the end of a fiscal year for use in future fiscal years.
(2) A charter community shall eliminate any deficit at the end of a fiscal year by the end of the next fiscal year, unless the deficit is authorized by its debt management plan.
Expenditures and Disbursements
Expenditure control
102.(1) No person shall, on behalf of the charter community, incur an expenditure that is not included in, or is inconsistent with, the budget for the fiscal year.
(2) A person may incur an expenditure on behalf of the charter community, notwithstanding that council has not yet adopted a budget or that the expenditure is not provided for in, or is inconsistent with, the budget if
(a) the charter community is legally obligated to incur the expenditure; or
(b) council has expressly authorized the expenditure by resolution.
Use of borrowed money
103.No person shall expend any money borrowed or acquired under any long-term debt entered into by a charter community, for a purpose other than those set out in the bylaw authorizing the long-term debt.
Deposit of money
104.(1) The senior administrative officer shall ensure that all money received by or on behalf of the charter community is deposited to the credit of the charter community in accounts in financial institutions designated by council.
(2) A disbursement of the charter community’s money must be made by a cheque or other negotiable instrument that is
(a) drawn on or made from an account referred to in subsection (1);
(b) signed or authorized by the mayor or a councillor designated by council; and
(c) signed or authorized by the senior administrative officer.
(3) The signature of any person referred to in paragraph (2)(b) or (c) may, if authorized by bylaw, be engraved, lithographed, printed or mechanically reproduced for the purpose of issuing cheques.
(4) Notwithstanding subsection (2), a charter community may authorize the establishment and use of petty cash funds and imprest bank accounts.
General municipal fund
105.(1) A charter community must have a general municipal fund to record all transactions and balances related to the general operations of the charter community.
(2) In addition to the general municipal fund, one or more other funds may be established by bylaw for the purpose of carrying on specific activities or achieving specific objectives.
(3) Council shall, by bylaw, in respect of each fund established under subsection (2),
(a) designate the name of the fund;
(b) describe the purpose of the fund;
(c) describe what the fund will be composed of;
(d) describe the specific purposes of any reserves that will be created under the fund; and
(e) make such rules governing the operation of the fund as council considers necessary or advisable.
(4) Council may segregate portions of a fund established under subsection (2) as reserves for specific future purposes.
(5) Council shall, in respect of each reserve created under subsection (4),
(a) designate the name of the reserve;
(b) describe what the reserve will be composed of; and
(c) make such rules governing the operation of the reserve as council considers necessary or advisable.
Indemnities and allowances to council
106.(1) Payments for the following matters may only be made in accordance with a bylaw:
(a) an annual indemnity to the mayor;
(b) an annual indemnity to the councillors;
(c) an honorarium to council members for attending meetings of council or committees of council or for performing any other duties;
(d) a reasonable allowance for expenses necessarily incurred in the performance of a council member’s duties;
(e) a retirement, death or disability benefit to the mayor and councillors.
(2) Before giving third reading to a bylaw under subsection (1), council shall give two weeks public notice of the proposed bylaw.
Financial Statements
Preparation of financial statements
107.(1) The senior administrative officer shall ensure that the financial statements of the charter community are prepared for each fiscal year.
(2) The financial statements must be prepared
(a) in accordance with an appropriate disclosed basis of accounting;
(b) on a basis consistent with that of the preceding fiscal year or on another disclosed basis;
(c) in accordance with the generally accepted accounting principles recommended for municipal governments from time to time by the Chartered Professional Accountants of Canada (CPA Canada); and
(d) in accordance with any supplementary standards or any modifications of the principles referred to in paragraph (c) set out in guidelines issued by the Minister.
(3) The financial statements must include a statement showing the amount of compensation, expenses and any other payment made to each council member, or to each member of a committee of council, in sufficient detail that the type of each payment and the total amount of payments made to or on behalf of each member may be determined.
(4) The financial statements must be submitted to the Minister no later than 120 days after the end of the fiscal year. SNWT 2018,c.13,s.91(2).
Auditor
108.(1) Council shall appoint an auditor for the charter community.
(2) The auditor must be a person entitled to engage in public practice under the Chartered Professional Accountants Act.
(3) No person may be appointed as an auditor if, at the time of appointment or during the current or preceding fiscal year, the person or an employee or partner of the person has been a council member or an officer of the charter community.
(4) A charter community shall give written notice to the Minister of the appointment or revocation of an auditor, within 30 days after the appointment or revocation.
(5) The Minister may, by written notice, require council to revoke the appointment of an auditor if the Minister considers that the auditor is unable to or has failed to satisfactorily carry out his or her duties under this Act. SNWT 2018,c.13,s.91(3).
Report of auditor
109.(1) An auditor shall report annually to council on the results of his or her examination of the accounts and financial statements of the charter community and shall
(a) state whether, in his or her opinion,
(i) the financial statements present fairly the financial position as at the end of the fiscal year and the results of financial activities and changes in financial positions for that fiscal year, in accordance with an appropriate disclosed basis of accounting consistently applied,
(ii) proper books of account have been kept and the financial statements are in agreement with the books of account, and
(iii) the transactions that have come under his or her notice were made in accordance with this Act, the regulations and the bylaws of the charter community; and
(b) report on any other matter falling within the scope of his or her examination that, in his or her opinion, should be commented on.
(2) An auditor may require any council member or any employee
(a) to produce all records kept in respect of the administration of the charter community; and
(b) to provide such information and explanations as the auditor considers necessary.
(3) An auditor must conduct the audit in the municipality, unless he or she obtains the permission of council or a judge of the Supreme Court to conduct it elsewhere.
Public access to financial statements
110.A copy of the charter community’s financial statements and the auditor’s reports must be made available to the public.
Borrowing Money
Requirement to comply with Act
111.(1) Notwithstanding any other enactment, a charter community may only borrow money in accordance with this Act.
(2) A charter community may only borrow money for a municipal purpose.
(3) For greater certainty, the borrowing of money by a charter community authorized under another enactment, including the Housing Northwest Territories Act, shall be considered a municipal purpose.
(4) A charter community that borrows money under the authority of another enactment must, in addition to the requirements of that enactment, comply with the provisions governing borrowing of this Act. SNWT 2023,c.8,s.8.
Borrowing limits
112.(1) A charter community may not borrow money that exceeds the limits for short-term or long-term borrowing established by the regulations.
(2) All borrowing of money by a charter community must be authorized by a bylaw that provides for those administrative matters in respect of the borrowing that council considers necessary or advisable.
Short-term borrowing
113.(1) A charter community may borrow money for a short-term period if the amounts are used to meet expenditures that are lawfully authorized to be incurred during the fiscal year but cannot be met from current revenues.
(2) The short-term borrowing of money under subsection (1) may be entered into by way of overdraft, line of credit, temporary loan, unsecured note or other arrangement.
Long-Term Debt
Long-term borrowing
114.(1) A charter community may create a long-term debt, including borrowing money for a long-term period, only for capital purposes.
(2) A charter community may borrow money for a long-term period only from a prescribed lender or a lender who is a member of a prescribed class of lenders.
Bylaw required
115.(1) A charter community may create a long-term debt only if the long-term debt to be created is specifically authorized by a bylaw.
(2) A bylaw authorizing a long-term debt must
(a) set out the principal amount to be borrowed;
(a.1) set out the maximum rate of interest that may be charged;
(b) set out the specific purpose for which the money is being borrowed;
(c) set out the maximum term of any security or debt instrument to be issued or entered into in respect of the proposed long-term debt; and
(d) authorize the creation of the proposed long-term debt and the issue or entering into of securities or debt instruments in amounts not exceeding in total the amount to be borrowed.
(3) A bylaw authorizing a long-term debt may provide for
(a) resetting the payment rate, interest rate or financing costs, from time to time; and
(b) such administrative matters in respect of the proposed long-term debt as council considers necessary or advisable.
(4) Before the charter community enters into any long-term debt, the senior administrative officer shall forward to the Minister
(a) a copy of any proposed security or debt instrument in respect of the long-term debt;
(b) a statement respecting the maximum rate of interest that may be charged; and
(c) a description of the sources of revenue that the charter community proposes to use to make the required payments under the long-term debt.
Approvals
116.(1) Subject to this section, no long-term debt has effect unless the bylaw specifically authorizing it is approved by the voters and the Minister.
(2) A bylaw authorizing a long-term debt does not require the approval of the voters if
(a) the Minister orders that it be exempt from voter approval in accordance with criteria established by the regulations;
(b) the amount of the proposed long-term debt is below the prescribed limit; or
(c) the debt meets the conditions of subsection (4).
(3) A bylaw authorizing a long-term debt does not require the approval of the Minister if
(a) the proposed long-term debt is authorized by the charter community’s debt management plan; or
(b) the debt meets the conditions of subsection (4).
(4) A bylaw authorizing a long-term debt does not require the approval of either the voters or the Minister if
(a) the long-term debt is to be used to refinance an existing long-term debt; and
(b) the principal amount to be borrowed does not exceed the principal amount outstanding under the long-term debt being refinanced.
Securities and debt instruments
117.(1) Any security or debt instrument issued or entered into by a charter community in respect of a long-term debt must be
(a) entered into in accordance with a bylaw;
(b) bear the corporate seal of the charter community;
(c) be signed by the mayor or other presiding council member; and
(d) bear a certification by the senior administrative officer that it was made in accordance with the requirements of this Act and the bylaws of the charter community.
(2) Repealed, SNWT 2011,c.7,Sch.A,s.7.
(3) Repealed, SNWT 2011,c.7,Sch.A,s.7.
Term of long- term debt
118.(1) If a long-term debt is being created by a charter community to acquire or use an asset
(a) the term of the long-term debt must be no greater than the expected life of the asset; and
(b) the entire cost of the asset must be paid out over the term of the long-term debt, unless otherwise authorized by bylaw.
(2) A charter community must repay the unexpended balance of any long-term debt with the Government of the Northwest Territories within 60 days after the purposes for which the money was borrowed have been achieved.
(3) A charter community must repay any money borrowed from the Government of the Northwest Territories for a long-term period in accordance with the repayment terms established by the Government of the Northwest Territories at the time of borrowing.
Long-term financial commitments
119.A charter community may enter into a long-term financial commitment in the same manner and subject to the same conditions as a long-term debt, and the provisions of this Act respecting long-term debt apply to long-term financial commitments with such modifications as the circumstances require.
Debt Management Plans
Debt management plan
120.(1) Council may, by bylaw approved by the Minister, adopt a plan to responsibly manage the charter community’s debt.
(2) A charter community’s debt management plan may not have a term exceeding five years.
(3) A debt management plan must include the prescribed information.
(4) Council shall review the charter community’s debt management plan at least once every five years.
(5) A copy of the charter community’s debt management plan must be made available to the public.
Local Improvements
Undertaking local improvements
121.(1) A charter community may only undertake a local improvement if it is authorized by a bylaw.
(2) A bylaw authorizing a local improvement must set out
(a) the nature of the local improvement;
(b) which parcels of real property council considers will principally benefit from the local improvement;
(c) the total estimated costs of the local improvement and the nature of those costs;
(d) the proportion of the costs that would be financed by
(i) a local improvement charge levied against the real property principally benefiting from the local improvement,
(ii) general revenue of the charter community, and
(iii) any short-term debt and long-term debt;
(e) the total estimated amount of the local improvement charges to be levied;
(f) the period over which the local improvement charges would be payable; and
(g) the conditions on which the local improvement charges, in respect of a parcel of real property, could be paid in a lump sum.
Public hearing and notice
122.(1) Before second reading of a local improvement bylaw, council shall
(a) hold a public hearing on the local improvement bylaw;
(b) give at least 14 days public notice of the purpose, date, time and place of the hearing; and
(c) ensure that notice of intent to make the local improvement bylaw is sent to every person who would be required to pay any local improvement charges.
(2) The notice of intent referred to in paragraph (1)(c) must be in writing and must include
(a) a description of the local improvement;
(b) an estimate of the costs of the local improvements;
(c) an estimate of the local improvement charges; and
(d) a description of the options for payment of the local improvement charges.
Consent of affected persons
123.(1) Before third reading of a local improvement bylaw, a charter community must obtain written consent to the making of the local improvement bylaw from at least 60% of the persons who would be required to pay the local improvement charges.
(2) For the consent to be sufficient, the persons referred to in subsection (1) must represent at least 50% of the assessed value of all real property in respect of which the local improvement charges will be levied.
(3) The senior administrative officer shall certify to council whether the consent required by this section has been obtained.
Exemption from voter approval
124.(1) A long-term debt created for the purpose of financing a local improvement does not require approval of the voters if
(a) the costs of the long-term debt are completely financed by local improvement charges; and
(b) the local improvement bylaw receives the consent of the persons who would be required to pay local improvement charges in accordance with section 123.
(2) For greater certainty, a long-term debt created for the purpose of financing a local improvement requires the approval of the Minister, unless otherwise exempt from that approval under section 116.
Levy of local improvement charges
125.(1) After a local improvement is complete, council may, by bylaw,
(a) establish the method for assessing the amount of the local improvement charges;
(b) establish the amount and manner of payment of the local improvement charges; and
(c) authorize the levy of a local improvement charge against the real property that council considers principally benefits from the local improvement.
(2) A charter community shall use local improvement charges only for the purpose of financing local improvements.
(3) A charter community may finance a portion of the costs of a local improvement from the general revenue of the charter community.
Forgiveness of Debts
Bylaw requirement
126.(1) A charter community may only forgive a debt if the forgiveness is specifically authorized by a bylaw.
(2) A bylaw that forgives a debt owed to the charter community must set out
(a) the name of the debtor;
(b) the date the debt was incurred;
(c) the nature of the debt;
(d) the amount of the debt; and
(e) the reason for the forgiveness.
(3) A charter community may only forgive a debt owed to it, in whole or in part, if
(a) council is satisfied that the debt is not collectable or that there are other reasons justifying the forgiveness of the debt; and
(b) in the case of a debt in respect of property taxes, the bylaw is approved by the Minister and no special lien attaches against land for nonpayment of the property taxes.
(4) Before giving a bylaw that forgives a debt third reading, council shall give at least 30 days public notice of the bylaw.
(5) The obligation to pay a debt owed to the charter community ceases once the debt is forgiven in accordance with this section.
Grants
Definition: "unrestricted revenue"
127.(1) For the purposes of this section, "unrestricted revenue" means revenue that is generated by a charter community, including revenue generated by taxes, fees and charges, and revenue that is received by a charter community through grants and contributions that are not limited by conditions respecting how the grant or contribution is to be spent.
(2) A charter community may make a grant only if specifically authorized by council for a purpose that it considers will benefit residents of the municipality.
(3) Where council authorizes an exemption from tax pursuant to the Senior Citizens and Disabled Persons Property Tax Relief Act, the exemption is not to be considered a grant for the purposes of this section.
(4) The total amount of all grants made by a charter community in a fiscal year may not exceed 2% of the total unrestricted revenue of the charter community for the previous fiscal year.
(5) Before making a grant to any person or group of persons not resident in the municipality, council shall first give at least 30 days public notice of the grant. SNWT 2011,c.7,Sch.A,s.8.
Loans and Guarantees
Loans
128.(1) A charter community may only lend money if the loan is
(a) authorized by a bylaw made with the approval of the Minister; and
(b) made pursuant to an agreement respecting the delivery or operation of a service, public utility or facility under section 65, 66 or 67.
(2) A charter community may only lend money to
(a) a municipal corporation;
(b) a board, commission or corporation jointly controlled by one or more municipal corporations; or
(c) the Government of the Northwest Territories.
(3) A bylaw authorizing a loan must set out
(a) the principal amount of money to be lent;
(b) the purpose for which the money is to be used;
(c) the minimum rate of interest on the loan;
(d) the term of the loan;
(e) the terms of repayment of the loan; and
(f) the source or sources of the money to be lent.
Guarantees
129.(1) A charter community may only guarantee the repayment of a loan if the guarantee is
(a) authorized by a bylaw made with the approval of the Minister; and
(b) made pursuant to an agreement respecting the delivery or operation of a service, public utility or facility under section 65, 66 or 67.
(2) A charter community may only guarantee the repayment of a loan that is made to
(a) a municipal corporation; or
(b) a board, commission or corporation jointly controlled by one or more municipal corporations.
(3) A bylaw authorizing a guarantee shall set out
(a) the amount of money to be borrowed under the loan to be guaranteed;
(b) the purpose for which the money is borrowed;
(c) the rate of interest under the loan or how the rate of interest is calculated;
(d) the term and the terms of repayment of the loan; and
(e) the source of the money that would be used to pay any principal and interest owing under the guarantee.
Investments
Investment of surplus
130.(1) A charter community may invest its surplus money in
(a) securities issued or guaranteed by
(i) the Government of Canada or an agency of the Government of Canada, or
(ii) the government of a province or territory or an agency of the government of a province or territory;
(b) securities, the payment of which is a charge on the consolidated revenue fund of the Government of the Northwest Territories, the Government of Canada or the government of a province or another territory;
(c) securities of a municipal government in Canada;
(d) securities of a Canadian municipal participation corporation;
(e) securities issued or guaranteed by a bank, credit union or trust company;
(f) securities that are insured under the Canada Deposit Insurance Corporation Act;
(g) investments authorized by the regulations; and
(h) units in pooled funds of any of the investments described in paragraphs (a) to (g).
(2) A charter community may, if authorized by a delegation agreement, form a pooled investment fund with another municipal corporation or any other prescribed entity.
(3) The money in a pooled investment fund may be used only to make investments authorized under subsection (1).
(4) The senior administrative officer may, if authorized by council, make the investments authorized by this section on behalf of the charter community.
Other investments
131.In addition to an investment authorized under section 130, a charter community may make an investment in any security or project located in any place only if the investment
(a) is not otherwise prohibited under this Act; and
(b) is authorized by the charter community’s investment plan.
Investment plan
132.(1) Council may, by bylaw, adopt a plan to manage the charter community’s investments and to authorize the making of investments.
(2) A bylaw adopting an investment plan is not valid unless it is approved by the Minister.
(3) A charter community’s investment plan may not have a term exceeding five years.
(4) A charter community’s investment plan must include the prescribed information.
(5) A copy of the charter community’s investment plan must be made available to the public.
Public Hearings
Public hearing
133.(1) Council shall hold a public hearing before making
(a) a local improvement bylaw;
(b) a bylaw to adopt an investment plan or a debt management plan;
(c) a zoning bylaw or a bylaw to adopt a community plan or an area development plan under the Community Planning and Development Act; or
(d) any other bylaw requiring a public hearing under another enactment.
(2) After a bylaw that requires a public hearing receives first reading but before it receives second reading, the charter community shall give public notice of
(a) the purpose of the bylaw;
(b) the place or places where a copy of the proposed bylaw and the plan may be inspected by the public;
(c) the time and place at which council will hold a public hearing on the proposed bylaw; and
(d) any procedural requirements for submissions.
(3) A copy of the proposed bylaw, and any plan being adopted by the bylaw, must be made available to the public at the time of public notice.
(4) Before giving public notice under subsection (2), council may establish the procedure to be followed by persons who wish to make submissions to council during the public hearing concerning the bylaw, including
(a) requiring the submission of written submissions to council prior to the public hearing; and
(b) regulating the presentation of oral submissions at the public hearing.
(5) Council shall hold a public hearing at the times and places stated in the public notice, and at the hearing shall hear
(a) any person or group that wishes to make submissions concerning the proposed bylaw;
(b) any designate of the Minister; and
(c) the Director of Planning appointed under the Community Planning and Development Act or his or her designate, if the hearing is being held in respect of a zoning bylaw or a bylaw to adopt a community plan or an area development plan.
(6) Council may hold more than one public hearing or adjourn the hearing, if
(a) public notice is given of the time and place of each public hearing or any recommencement of an adjourned hearing; or
(b) the persons attending the public hearing are given notice of the time and place of the new public hearing or any recommencement of an adjourned hearing.
(7) Subject to the requirement to obtain the approval of the voters or the Minister, council shall consider all oral and written submissions made at the public hearing and may make any amendments to the bylaw council considers necessary or advisable.
(8) Before second reading of the bylaw, the senior administrative officer shall prepare a written certification
(a) confirming that public notice of the public hearing has been properly given;
(b) confirming that a public hearing has been held in accordance with this section; and
(c) identifying the persons who made submissions, the nature of the submissions and the manner in which they were dealt with by council.
PART 6
LIABILITY AND ENFORCEMENT
Limitations on Liability
Protection for council members
134.(1) Subject to the Conflict of Interest Act and excluding anything said or brought with malicious intent, a council member or youth member is not liable to any civil action, prosecution, arrest, imprisonment or damages by reason of
(a) anything he or she says in a meeting of council or one of its committees; or
(b) anything he or she brings before council or one of its committees.
(2) Subject to subsection (3) and the Conflict of Interest Act, the following persons are not personally liable for loss or damage by reason of anything said or done or omitted to be done in the performance or intended performance of his or her functions, duties or powers under this or any other enactment:
(a) a council member;
(b) a member of a committee of council;
(c) a member of a board, commission or other body established by the charter community;
(d) an employee;
(e) a volunteer member of a fire, ambulance or emergency measures organization established by the charter community;
(f) a volunteer delivering a service on behalf of the charter community under the supervision of an employee of the charter community.
(3) Subsection (2) is not a defence if the person is guilty of
(a) defamation or dishonesty;
(b) gross negligence;
(c) wilful misconduct;
(d) wilful neglect or breach of duty;
(e) a breach of council’s code of ethics; or
(f) a contravention of this Act or the regulations.
(4) This section does not affect the legal liability of the charter community.
Liability for acting in accordance with statutory authority
135.(1) Subject to this and any other enactment, a charter community is not liable for loss or damage caused by anything done or not done by the charter community in accordance with the authority granted to it under this or any other enactment, unless the cause of action is negligence or any other tort.
(2) A charter community is not liable in an action based on nuisance, or on any other tort that does not require a finding of intention or negligence, for any loss or damage arising, directly or indirectly, from highways, dikes, ditches or dams or from the operation or non-operation of a public utility.
(3) A charter community with discretion to do something is not liable for exercising, in good faith, its discretion not to do it.
(4) A charter community is not liable for loss or damage caused by
(a) an inspection or maintenance system;
(b) the manner of performing inspections or maintenance; or
(c) the frequency, infrequency or absence of inspections or maintenance.
Remedying contravention of bylaws
136.A charter community is not liable for loss or damage caused by it in remedying or in attempting to remedy a contravention of a bylaw, unless the charter community is grossly negligent.
Snow on highways
137.(1) A charter community is not liable for loss or damage caused by snow, ice or slush on highways in the municipality, unless the charter community is grossly negligent.
(2) A charter community is not liable for loss or damage caused
(a) by the presence, absence or type of any wall, fence, guardrail, railing, curb, pavement markings, traffic control device, illumination device or barrier adjacent to or in, along or on a highway; or
(b) by or on account of any construction, obstruction or erection or any situation, arrangement or disposition of any earth, rock, tree or other material or thing adjacent to or in, along or on a highway that is not on the travelled portion of the highway.
Liability for disrepair
138.(1) A charter community is liable for loss and damage caused by its failure to perform its duty under section 91, if it knew or should have known of the state of disrepair.
(2) This section does not apply to any road made or laid out by a private person or any work made to or done on a road or place by a private person until the road or work is subject to the direction, control and management of the charter community.
(3) A charter community is not liable under this section in respect of acts done or omitted to be done by persons exercising powers or authorities conferred on them by law if the charter community had no control over those persons and is not a party to those acts or omissions.
(4) A charter community is not liable under this section if
(a) the charter community took reasonable steps to prevent the disrepair from arising; or
(b) the claimant did not suffer a particular loss or damage beyond what has been suffered by the claimant in common with all other persons affected by the state of disrepair.
(5) If the loss or damage is caused by the removal, destruction or defacement of a traffic control device by someone other than an employee or agent of the charter community, the charter community is liable under this section only if it
(a) had actual notice of the defacement, removal or destruction; and
(b) failed to restore, repair or replace the traffic control device within a reasonable period of time.
Notice without delay
139.(1) A person who brings an action for loss or damage referred to in sections 137 and 138 must, by written notice provided to the senior administrative officer, notify the charter community of the event that gives rise to the action within 30 days after the occurrence of the event or within such longer period of time as may be allowed by bylaw.
(2) Failure to notify the charter community within the time required by subsection (1) bars the action unless
(a) there is a reasonable excuse for the lack of notice and the charter community is not prejudiced by the lack of notice;
(b) the loss or damage complained of is the death of a person; or
(c) the charter community waives, in writing, the requirement for notice.
Limitation period
140.An action for the loss or damage referred to in sections 137 and 138 may not be commenced more than two years after the loss or damage was sustained.
Enforcement
Bylaw officers
141.(1) Council may appoint bylaw officers to enforce any or all of its bylaws and may establish their specific duties.
(2) A bylaw officer shall enforce those bylaws of the charter community that he or she is appointed to enforce under subsection (1).
(3) A bylaw officer is an officer as defined in the Motor Vehicles Act and the Dog Act and shall enforce those Acts and the All-terrain Vehicles Act. SNWT 2011,c.3,s.8.
Municipal prosecutions
142.A bylaw officer may represent the charter community before a justice of the peace in the prosecution of a person charged with an offence under a bylaw.
Property Entry and Inspections
Notice of certain bylaws
143.Council may not give third reading to a bylaw that authorizes the entry into or use of real property without the consent of its owner or occupier, unless council first gives public notice of the bylaw or, if the real property of a specific person is affected, actual notice to that person.
Inspections and enforcement
144.(1) If any enactment or bylaw authorizes or requires any thing to be inspected, remedied, enforced or done by a charter community, an officer may, after giving reasonable notice to the owner or occupier of the land or structure affected,
(a) enter the land or structure at any reasonable time, and carry out the inspection, remedy, enforcement or action authorized or required by the enactment or bylaw;
(b) require any thing to be produced to assist in the inspection, remedy, enforcement or action; and
(c) make copies of any thing related to the inspection, remedy, enforcement or action.
(2) The officer shall, on request, display or produce identification showing that the person is authorized to make the entry.
(3) The officer authorized to perform a task under subsection (1) need not give reasonable notice and may enter at any hour and perform a task referred to in subsection (1) without the consent of the owner or occupant, if the officer or council is of the opinion that
(a) there is imminent danger to public health and safety; or
(b) the action is warranted by extraordinary circumstances.
Judicial Remedies
Court authorized inspections and
145.(1) A charter community may, by originating notice, apply to the Supreme Court for an order under subsection (2) if a person
(a) refuses to allow or interferes with the entry, inspection, remedy, enforcement or action referred to in section 144; or
(b) refuses to produce any thing to assist in the inspection, remedy, enforcement or action referred to in section 144.
(2) The Supreme Court may issue an order
(a) restraining a person from preventing or interfering with the entry, inspection, remedy, enforcement or action; or
(b) requiring the production of any thing to assist in the inspection, remedy, enforcement or action.
(3) The Supreme Court may hear the application without notice to any person if, in its opinion, there is imminent danger to public health or safety or if it is otherwise warranted by extraordinary circumstances.
Deleted in Standing Committee, October 1,
Injunctions
147.(1) In addition to any other remedy available to it, a charter community may enforce a bylaw by applying, by originating notice, to the Supreme Court for an injunction.
(2) The Supreme Court may grant or refuse the injunction or other order or may make any other order that it considers just.
Remedial Action
Designated employees
148.(1) A charter community may, by resolution, designate one or more employees to issue orders under this section.
(2) If the designated employee finds that a person is contravening a bylaw or an enactment that the charter community is authorized to enforce and is of the opinion that the contravention poses an imminent danger to public health or safety, the designated employee may, by written order, direct the person to take any action or measure necessary to remedy the contravention, including the removal or demolition of a structure that has been erected or placed in contravention of a bylaw or enactment, and to prevent a reoccurrence of the contravention.
(3) If the designated employee finds a structure, excavation or hole that is dangerous to public safety or property, the designated employee may, by written order, require the owner of the structure, excavation or hole to eliminate the danger in the manner specified, to remove or to demolish the structure or to fill in the excavation or hole and level the site.
(4) An order made under this section may
(a) state a time within which the person must comply with the order; and
(b) state that if the person does not comply with the order within the specified time, the charter community will take a specified action or measure at the expense of the person.
(5) The order must be served personally or, if personal service cannot be made because the address of the person is not known, notice of the order may be published twice in a newspaper having general circulation in the municipality or in the Northwest Territories.
Request for hearing by council
149.(1) A person who receives a written order under section 148 may request that council review the order.
(2) The request must be in writing and made within 14 days after the date the order is received, or within such longer period as may be allowed by bylaw.
(3) After reviewing the order, council may confirm, vary, replace or cancel the order.
(4) Council must serve a copy of its decision under subsection (3) on the person requesting the review within 14 days after making the decision.
Appeal to court
150.(1) A person affected by the decision of council under section 149 may appeal to the Supreme Court if
(a) the decision was not made in accordance with this Act; or
(b) the decision is patently unreasonable.
(2) The appeal must be made by originating notice within 30 days after the day the decision is served on the person who had requested the review.
(3) The Supreme Court may
(a) confirm the decision being appealed; or
(b) declare the decision invalid and send the matter back to council with directions.
Charter community remedying contraventions
151.(1) A charter community may take any actions or measures necessary to remedy a contravention of a bylaw or an enactment that the charter community is authorized to enforce, or to prevent a reoccurrence of the contravention, if
(a) a designated employee gave a written order under section 148;
(b) the order contained a statement referred to in paragraph 148(4)(b);
(c) the person to whom the order is directed has not complied with the order within the time specified in the order; and
(d) the appeal periods respecting the order have expired or an appeal has been heard and the court has allowed the charter community to take the actions or measures.
(2) If an order made under section 148 directs that premises be put into and maintained in a sanitary condition, the charter community may close the premises.
(3) A bylaw officer or other person authorized by the charter community may use reasonable force to remove occupants from a structure that is being closed, removed or demolished in accordance with this Act.
Danger to Public Health or Safety
Imminent and serious danger
152.(1) If council, or an employee designated by council for this purpose, is of the opinion that there is an imminent and serious danger to public health or safety, the charter community may take any action or measure necessary to eliminate the danger.
(2) This section applies whether or not the danger involves a contravention of a law.
(3) A person may be given a verbal or written order under this section to provide labour, services, equipment or materials, and on receipt the person shall comply with the order.
(4) A person who provides labour, services, equipment or materials under this section is entitled to reasonable compensation from the charter community unless he or she caused the danger to arise.
Administrative Matters
Collection of expenses
153.(1) The expenses and costs of an action or measure taken by a charter community under section 151 are a debt owing to the charter community by the person who contravened the bylaw, enactment or court order, and may be recovered from the person in default by civil action for debt, or by charging it against real property of which the person is the assessed owner in the same manner as arrears of property taxes under the Property Assessment and Taxation Act.
(2) If the charter community sells all or a part of a structure that has been removed under section 151, the proceeds of the sale must be used to pay the expenses and costs of the removal and any excess proceeds must be paid to the person entitled to them.
(3) A charter community that is a municipal taxing authority may recover any charges levied under section 62 for a service that relates to real property, and that have not been paid by the end of the fiscal year, by charging them against the real property in respect of which the charges were levied in the same manner as arrears of property taxes under the Property Assessment and Taxation Act. SNWT 2004, c.11, s.3(5); SNWT 2005,c.15,s.1(4).
Record keeping
154.(1) A senior administrative officer shall ensure that complete and accurate records are kept in respect of
(a) tickets issued under the Summary Conviction Procedures Act for offences under the bylaws;
(b) payments of fines in respect of those tickets; and
(c) the disposition of those tickets.
(2) Council may, by bylaw, provide for the destruction of records kept under subsection (1) when those records are no longer useful and their retention is no longer required by law.
Offence and Punishment
Offence
155.(1) A person who contravenes this Act or the regulations is guilty of an offence.
(2) A person who wilfully obstructs or interferes with a bylaw officer, an officer, a municipal inspector, a municipal supervisor or a municipal administrator in the performance of that person’s duties under this or any other enactment or a bylaw, is guilty of an offence.
Punishment for offences under Act or bylaws
156.(1) A person who is guilty of an offence under this Act or a bylaw for which no specific punishment is provided by this Act or by a bylaw, is liable on summary conviction
(a) in the case of a corporation, to a fine not exceeding $10,000; or
(b) in the case of an individual, to a fine not exceeding $2,000, or to imprisonment for a term of not more than six months in default of payment of the fine.
(2) Council may, by bylaw, provide that a person who is guilty of an offence under a bylaw is liable on summary conviction to a specific fine or imprisonment not exceeding the limits set out in subsection (1).
(3) In addition to any fine that may be levied, a court may order a person convicted of an offence under a bylaw
(a) to pay any fee or charge that may otherwise be payable by the person to the charter community in respect of any licence or permit that should have been obtained by the person;
(b) to pay any costs that the charter community is entitled to in respect of the offence; and
(c) to do or refrain from doing any activity that the court may specify.
(4) Subject to any other enactment, a fine or penalty collected in respect of an offence under a bylaw belongs to the charter community.
Municipal Inspectors
Appointment
157.(1) The Minister may appoint municipal inspectors for the purposes of this Act.
(2) The Minister may, on the Minister’s own initiative or at the request of council, direct a municipal inspector to examine or review
(a) the records, books and accounts of the charter community;
(b) the management and administration of the charter community; and
(c) the operations and financial affairs of the charter community.
(3) A municipal inspector shall prepare a report on his or her examinations and reviews and submit it to the Minister.
(4) The report of a municipal inspector may include
(a) a statement describing any contravention of any enactment or bylaw that the inspector considers has occurred; and
(b) recommendations for action to be taken by the charter community or the Minister.
(5) The inspector shall forward a copy of the report to the mayor, unless the Minister directs otherwise.
Powers of municipal
158.A municipal inspector may
(a) inspect or require the production of any record, book, account or document of the charter community and may make copies of it;
(b) require any council member or employee or any person managing or administering money of the charter community to provide the information and explanations that are necessary;
(c) examine, under oath, any council member or employee or any person managing or administering money of the charter community under oath or require that person to provide a statement under oath;
(d) enter the premises of the charter community at any reasonable time;
(e) obtain from a bank or other financial institution any financial information it may have respecting the charter community; and
(f) exercise the powers of a commissioner for oaths.
Supervision and Administration
Notice of problem
159.(1) The Minister shall notify council if the Minister is of the opinion that
(a) the charter community is incapable of meeting its financial obligations;
(b) the charter community is experiencing operational difficulties;
(c) the charter community has failed to perform a duty required of it by this or any other Act; or
(d) it is in the best interests of the charter community that it be under the control of a municipal supervisor.
(2) The Minister must provide council with the reasons for his or her opinion and consult with it on the best course of action to remedy the problem.
(3) The consultations with council must continue for at least 30 days after the notice is sent, unless the Minister and council agree otherwise.
Decision
160.(1) After providing the required notice and after expiry of the 30-day consultation period, the Minister may, by order, declare the charter community to be subject to supervision if the Minister is of the opinion that supervision is the best course of action to remedy the problem.
(2) An order declaring a charter community to be subject to supervision may
(a) appoint a person as a municipal supervisor to act on behalf of the Minister in supervising the charter community;
(b) empower the municipal supervisor to supervise the affairs of the charter community;
(c) give directions for the deposit and disbursement of money of, or received on account of, the charter community;
(d) give directions regarding the approval and execution of bylaws, securities, debt instruments and other documents;
(e) require that the expenses incurred under the order be paid, in whole or in part, by the charter community and be included in its operating budget; and
(f) impose such other terms and conditions or give such other directions as the Minister considers advisable.
(3) The Minister may direct a charter community under supervision to submit for approval a budget or a recovery plan.
(4) The Minister may impose a budget or a recovery plan on the charter community if it
(a) fails to submit a budget or recovery plan;
(b) fails to obtain the approval of the Minister for the budget or recovery plan; or
(c) fails in whole or in part to conduct its affairs in accordance with the order or the directions of the Minister or the person designated by the Minister.
(5) A budget or recovery plan imposed by the Minister becomes effective and binding upon the charter community, its council, the senior administrative officer, and employees or agents of the charter community, on notice to council.
(6) After consulting with council, the Minister may amend a budget or recovery plan imposed by the Minister.
Administration
161.(1) If the Minister is of the opinion that supervision will not be sufficient to remedy the problem referred to in subsection 159(1), the Minister may declare the charter community to be subject to administration.
(2) An order declaring a charter community to be subject to administration must appoint a municipal administrator for a fixed or indefinite term of office.
(3) When an order declaring a charter community to be subject to administration takes effect, all council members are deemed to have resigned from office and council is to remain vacant until after a new election is held under section 165.
(4) Subject to this Act, a municipal administrator may exercise the powers and shall perform the duties of a council under this Act.
(5) A municipal administrator may not make a bylaw or incur an expenditure or liability on behalf of the charter community without the approval of the Minister.
(6) A municipal administrator may dispose of such personal or real property owned by the charter community as may be necessary to satisfy any of its outstanding debts.
(7) A municipal administrator must be bonded in an amount determined by the Minister.
(8) A municipal administrator shall
(a) ensure that accurate books of account are kept relating to the financial affairs of the charter community;
(b) ensure that the books of account are open to inspection by the Minister or any person designated by the Minister; and
(c) provide to the Minister a report on the financial affairs of the charter community, including
(i) a balance sheet that presents fairly the financial position of the charter
(ii) a statement of income that presents fairly the financial activities of the charter community, and
(iii) such other information as the Minister may require.
(9) The report referred to in paragraph (8)(c) must be submitted at the end of each calendar month or at such other times as the Minister may require.
Urgency
162.(1) Notwithstanding section 159, if the Minister is of the opinion that the problem referred to in subsection 159(1) is urgent and requires immediate action, the Minister may, by order, declare the charter community to be subject to supervision or administration.
(2) The Minister shall, without delay, send a copy of the order under subsection (1) to council together with the reasons for taking immediate action.
(3) An order under subsection (1) expires after 45 days, or at such earlier date as the Minister may specify.
(4) If the Minister believes that the problem referred to in subsection 159(1) will continue after the expiry of the order, the Minister may
(a) proceed to consult with council under section 159; and
(b) with the approval of the Executive Council, renew the order under subsection (1) for one additional period not exceeding 45 days.
Ministerial direction
163.(1) The Minister may, by order or otherwise, direct a municipal supervisor or municipal administrator in the exercise of his or her powers or in the performance of his or her duties.
(2) If the charter community under administration is a municipal taxing authority, the Minister shall establish the rate of tax under the Property Assessment and Taxation Act.
Compliance
164.(1) The charter community and its employees shall comply with the order and any directions of the Minister and the municipal supervisor or municipal administrator, as the case may be.
(2) The books of account of the charter community must be open to inspection by the municipal supervisor or municipal administrator.
(3) The costs of a municipal supervisor and a municipal administrator, including remuneration, reasonable living and traveling expenses and costs of bonding, must be paid out of the funds of the charter community.
Revocation of order
165.(1) The Minister shall revoke an order declaring a charter community to be under supervision or administration if the Minister believes that the problem that triggered the order is remedied or no longer a concern.
(2) If the charter community was under the control of an administrator, the Minister shall in the order provide for the return of council by establishing an election day for the election of new council members and providing for those matters required for the election as if it were the first election of council.
Dissolution
Order to dissolve
166.Subject to section 15, the Minister may, by order, dissolve a charter community if he or she is satisfied that
(a) the charter community is unable to continue in operation for financial or other reasons; and
(b) due provision has been made for winding up the affairs of the charter community, the payment of all its debts and the satisfaction of all its obligations.
Liquidator
167.(1) The Minister may appoint a liquidator to
(a) wind up the affairs of a charter community that is to be dissolved;
(b) pay the charter community’s debts;
(c) satisfy the charter community’s obligations; and
(d) transfer the charter community’s assets.
(2) The assets of a dissolved charter community must be transferred to the Government of the Northwest Territories on the terms and conditions that the Minister may require.
(3) Any revenue of a dissolved charter community not yet received by it before its dissolution belongs to the Government of the Northwest Territories and may be collected accordingly.
PART 7
GENERAL MATTERS
Order varying time
168.The Minister may, by order, vary the time required by this Act for the doing of any thing, whether the time has passed or not, if the thing cannot be done in time or has not been done.
Public notice
169.(1) When public notice is required under this Act, the notice must be given to the general public in one or more of the following ways:
(a) by inserting the notice at least once in a newspaper circulating in the municipality;
(b) by mailing or delivering a copy of the notice to the household of each adult resident in the municipality;
(c) by causing announcements to be made on a radio or television station received in the municipality on at least three separate days;
(d) by posting a notice in at least five widely separated and conspicuous places in the municipality.
(2) When a document is to be made available to the public under this Act, the document must be in a conspicuous place in the offices of the charter community accessible to the public during the normal working hours of the charter community.
Appointment of designates
170.The Minister may appoint one or more designates for the purpose of receiving, on his or her behalf, any documents, notices or other items that are required to be submitted or provided to the Minister under this Act.
Regulations
171.(1) The Commissioner, on the recommendation of the Minister, may make regulations
(a) prescribing the maximum amounts that a charter community may borrow on a short-term or long-term basis;
(b) requiring additional conditions before a long-term debt or long-term financial commitment may be entered into by a charter community;
(c) establishing criteria for exempting a long-term debt or long-term financial commitment from approval of the voters;
(d) prescribing any forms that are necessary or advisable in carrying out the provisions of this Act;
(e) prescribing standards and guidelines for investments made by a charter community;
(f) authorizing securities in which a charter community may invest its surplus;
(g) governing the content, term and approval process for a charter community’s debt management plan and investment plan;
(h) prescribing any matter or thing that by this Act may or is to be prescribed; and
(i) generally, for carrying into effect any of the purposes or provisions of this Act.
(2) A regulation made under subsection (1) may be specific to, or distinguish among, one or more different charter communities.
(3) The Minister may make an order respecting any matter or thing that by this Act is to be determined by an order.