20

 


Second Session, 47th General Assembly

62 Elizabeth II, 2013

BILL 20

AN ACT TO AMEND THE CITY OF CORNER BROOK ACT, THE CITY OF MOUNT PEARL ACT, THE CITY OF ST. JOHN'S ACT AND THE MUNICIPALITIES ACT, 1999

Received and Read the First Time...................................................................................................

Second Reading.................................................................................................................................

Committee............................................................................................................................................

Third Reading.....................................................................................................................................

Royal Assent......................................................................................................................................

HONOURABLE STEVE KENT

Minister of Municipal and Intergovernmental Affairs

Ordered to be printed by the Honourable House of Assembly

  

EXPLANATORY NOTES

This Bill would amend the City of Corner Brook Act, the City of Mount Pearl Act, the City of St. John's Act and the Municipalities Act, 1999 to allow a

·         council to appoint a youth representative; and

·         councillor to participate in a meeting by electronic means.

A BILL

AN ACT TO AMEND THE CITY OF CORNER BROOK ACT, THE CITY OF MOUNT PEARL ACT, THE CITY OF ST. JOHN'S ACT AND THE MUNICIPALITIES ACT, 1999

Analysis


              CITY OF CORNER BROOK ACT

        1.   S.13.1 Added
Youth representative

        2.   S.20 Amdt.
Vacancies

        3.   S.31 Amdt.
Frequency of meetings

              CITY OF MOUNT PEARL ACT

        4.   S.13.1 Added
Youth representative

        5.   S.20 Amdt.
Vacancies

        6.   S.31 Amdt.
Frequency of meetings 

 

              CITY OF ST. JOHN'S ACT

        7.   S.5.01 Added
Youth representative

        8.   S.9 R&S
Eligibility re council membership

        9.   S.39 Amdt.
Weekly meetings

              MUNICIPALITIES ACT, 1999

      10.   S.13.1 Added
Youth representative

      11.   S.24 Amdt.
Meetings

      12.   S.51 Amdt.
Frequency of meetings

      13.   S.206 Amdt.
Vacancies


Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:

CITY OF CORNER BROOK ACT

RSNL1990 cC-15
as amended

        1. The City of Corner Brook Act is amended by adding immediately after section 13 the following:

Youth representative

   13.1 (1) The council may appoint a person with the title "youth representative" to sit with the council and participate in its deliberations for a term and on conditions that the council may decide.

             (2)  A person appointed as a youth representative shall be less than 18 years of age at the time of appointment.

             (3)  A person appointed as a youth representative is not a member of council and shall not be counted for the purpose of determining a quorum or deciding a vote of the council.

 

        2. Paragraph 20(2)(c) of the Act is repealed and the following substituted:

             (c)  has been absent from the city for a continuous period of more than 6 months;

 

        3. Section 31 of the Act is amended by adding immediately after subsection (2) the following:

             (3)  The council may allow a councillor to participate in a meeting by electronic means where the electronic means enables the councillor to listen to the proceedings and to be heard.

             (4)  A councillor participating in a meeting by electronic means is considered to be in attendance at the meeting.

             (5)  Subsections (3) and (4) also apply to meetings held under section 41.

CITY OF MOUNT PEARL ACT

RSNL1990 cC-16
as amended

        4. The City of Mount Pearl Act is amended by adding immediately after section 13 the following:

Youth representative

   13.1 (1) The council may appoint a person with the title "youth representative" to sit with the council and participate in its deliberations for a term and on conditions that the council may decide.

             (2)  A person appointed as a youth representative shall be less than 18 years of age at the time of appointment.

             (3)  A person appointed as a youth representative is not a member of council and shall not be counted for the purpose of determining a quorum or deciding a vote of the council.

 

        5. Paragraph 20(2)(c) of the Act is repealed and the following substituted:

             (c)  has been absent from the city for a continuous period of more than 6 months;

 

        6. Section 31 of the Act is amended by adding immediately after subsection (4) the following:

             (5)  The council may allow a councillor to participate in a meeting by electronic means where the electronic means enables the councillor to listen to the proceedings and to be heard.

             (6)  A councillor participating in a meeting by electronic means is considered to be in attendance at the meeting.

             (7)  Subsections (5) and (6) also apply to meetings held under section 41.              

CITY OF ST. JOHN'S ACT

RSNL1990 cC-17
as amended

        7. The City of St. John's Act is is amended by adding immediately after section 5 the following:

Youth representative

   5.01 (1) The council may appoint a person with the title "youth representative" to sit with the council and participate in its deliberations for a term and on conditions that the council may decide.

             (2)  A person appointed as a youth representative shall be less than 18 years of age at the time of appointment.

             (3)  A person appointed as a youth representative is not a member of council and shall not be counted for the purpose of determining a quorum or deciding a vote of the council.

 

        8. Section 9 of the Act is repealed and the following substituted:

Eligibility re council membership

        9. A member of the council who during the term of office

             (a)  is absent from the city for a continuous period of more than 6 months; or

             (b)  is convicted for an indictable offence

shall stop being a member of the council.

 

        9. Section 39 of the Act is amended by adding immediately after subsection (2) the following:

             (3)  The council may allow a councillor to participate in a meeting by electronic means where the electronic means enables the councillor to listen to the proceedings and to be heard.

             (4)  A councillor participating in a meeting by electronic means is considered to be in attendance at the meeting.

             (5)  Subsections (3) and (4) also apply to meetings held under section 38.

MUNICIPALITIES ACT, 1999

SNL1999 cM-24
as amended

      10. The Municipalities Act, 1999 is amended by adding immediately after section 13 the following:

Youth representative

   13.1 (1) A town council may appoint a person with the title "youth representative" to sit with the council and participate in its deliberations for a term and on conditions that the council may decide.

             (2)  A person appointed as a youth representative shall be less than 18 years of age at the time of appointment.

             (3)  A person appointed as a youth representative is not a member of the town council and shall not be counted for the purpose of determining a quorum or deciding a vote of the council.

 

      11. Section 24 of the Act is amended by adding immediately after subsection (2) the following:

          (2.1)  A town council may allow a councillor to participate in a meeting by electronic means where the electronic means enables the councillor to listen to the proceedings and to be heard.

          (2.2)  A councillor participating in a meeting by electronic means is considered to be in attendance at the meeting.

          (2.3)  Subsections (2.1) and (2.2) also apply to meetings held under sections 23 and 213.

 

      12. Section 51 of the Act is amended by adding immediately after subsection (2) the following:

          (2.1)  A regional council may allow a councillor to participate in a meeting by electronic means where the electronic means enables the councillor to listen to the proceedings and to be heard.

          (2.2)  A councillor participating in a meeting by electronic means is considered to be in attendance at the meeting.

 

      13. Paragraph 206(1)(d) of the Act is repealed and the following substituted:

             (d)  he or she has been absent from the municipality for a continuous period of more than 6 months;