41

 

 

Third Session, 47th General Assembly

63 Elizabeth II, 2014

BILL 41

AN ACT TO AMEND THE MUNICIPALITIES ACT, 1999

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

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

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

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

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

HONOURABLE KEITH HUTCHINGS

Minister of Municipal and Intergovernmental Affairs

Ordered to be printed by the Honourable House of Assembly

 

EXPLANATORY NOTE

This Bill would amend the Municipalities Act, 1999 to provide greater flexibility to municipalities to sell, lease or dispose of real and personal property that has an estimated fair market value of $500 or more.

A BILL

AN ACT TO AMEND THE
MUNICIPALITIES ACT, 1999

Analysis


        1.   S.201.1 R&S
Sale of property valued at less than $500

        2.   S.201.2 Amdt.
Adverse possession abolished

         3.   Ss.201.2 to 201.4 Added
201.2 Sale or lease of
          property valued at
          $500 or more
201.3 Disposition of real
          property
201.4 Other requirements
          not affected


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

SNL1999 cM-24
as amended

        1. Section 201.1 of the Municipalities Act, 1999 is repealed and the following substituted:

Sale of property valued at less than $500

201.1 Where the estimated fair market value of real or personal property is less than $500, a council may by resolution sell the real or personal property by private sale.

 

        2. Section 201.2 of the Act is amended by renumbering it as section 201.5.

 

        3. The Act is amended by adding immediately after section 201.1 the following:

Sale or lease of property valued at $500 or more

201.2 (1) This section only applies to real or personal property with an estimated fair market value of $500 or more.

             (2)  A council may by resolution sell or lease real or personal property.

             (3)  A council shall give public notice of the council's intention to sell or lease real or personal property.

             (4)  Public notice under subsection (3) shall include an advertisement in not fewer than 2 conspicuous places in the municipality and publication in a newspaper having general circulation in the municipality, where there is one.

             (5)  A council shall only accept an offer to sell or lease real or personal property if that offer is the highest offer for the property.

             (6)  Notwithstanding subsection (5), a council shall not accept an offer to sell or lease real or personal property that is less than the estimated fair market value.

             (7)  Notwithstanding subsections (5) and (6), a council may, by resolution of 2/3 vote of the councillors in office and with the prior approval of the minister,                       accept an offer to sell or lease real property at less than the estimated fair market value, or accept an offer to sell or lease real property that is not the highest offer, where the purpose of the sale or lease is social or economic development.

             (8)  Notwithstanding subsection (6), a council may, by resolution of 2/3 vote of the councillors in office and with the prior approval of the minister, accept an offer to sell real property at less than the estimated fair market value where the sale is to the owner of adjacent real property and the real property is of minimal value to another person.

Disposition of real property

201.3 (1) Where the estimated fair market value of real property is $500 or more, a council may, by resolution of 2/3 vote of the councillors in office and with the prior approval of the minister, accept an offer to dispose of the real property at less than the estimated fair market value, or accept an offer to dispose of the real property that is not the highest offer, where the purpose of the disposition is social or economic development.

             (2)  A council shall give public notice of the council's intention to dispose of real property under subsection (1).

             (3)  Public notice under subsection (2) shall include an advertisement in not fewer than 2 conspicuous places in the municipality and publication in a newspaper having general circulation in the municipality, where there is one.

             (4)  In this section, "dispose" does not include sell or lease.

Other requirements not affected

201.4 Nothing in section 201.1, 201.2 or 201.3 relieves the council from complying with section 95 of the Urban and Rural Planning Act, 2000.