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Lunenburg County District Planning Commission Regulations

made under subsection 253(1) of the
Planning Act
R.S.N.S. 1989, c. 346
N.S. Reg. 152/73 (June 13, 1973)
as amended up to and including N.S. Reg. 45/97 (April 16, 1997)

1 In this order

(a) "Commission" means the Lunenburg County District Planning Commission;

(b) "Minister" means the Minister of Municipal Affairs;

(c) "Participating Municipality" means the Municipality of the District of Chester, the Town of Lunenburg, or the Town of Mahone Bay;
Clause 1(c) replaced: N.S. Reg. 49/96.

(d) "District" means the geographical area made up of the geographical areas of the participating municipalities.
Clause 1(d) replaced: N.S. Reg. 49/96.

2 The Commission shall be called the "District Planning Commission of Lunenburg County".

3 The area with respect to which the commission shall exercise its powers is the geographical areas of the Municipality of the District of Chester, the Town of Lunenburg and the Town of Mahone Bay.
Section 3 replaced: N.S. Reg. 49/96.

4 The municipality and towns to be represented on the commission are the Municipality of the District of Chester, the Town of Lunenburg and the Town of Mahone Bay.
Section 4 replaced: N.S. Reg. 49/96.

5 The commission shall consist of 9 members as follows:

three (3) members to be appointed by the Municipality of the District of Chester
three (3) members to be appointed by the Town of Lunenburg
three (3) members to be appointed by the Town of Mahone Bay.
Section 5 replaced: N.S. Reg. 49/96.

6 (1) One member appointed by each participating municipality shall be a member of council and shall be appointed annually at the annual meeting of the participating municipality.

(2) The other two members appointed by each participating municipality shall be resident in the municipality which appointed them and shall hold office for 3 years from the date of their appointment excepting the initial appointments one of which shall be for a 3 year term and the other for a 2 year term.

(3) Members shall hold office subject to Section 23 of the Planning Act [Sections 253 and 254 of the Municipal Government Act].

(4) In the event of death or resignation of a member, the Council shall appoint another person to fill the unexpired term.

7 Until further Order, the Minister shall not appoint any member or members to the Commission.
Section 8 repealed: N.S. Reg. 49/96.

9 (1) The Commission shall elect a Chairman and a Vice-Chairman from among its members and a Secretary-Treasurer, who does not have to be a member of the Commission, and they shall hold office until their successors are elected. The Chairman and Vice-Chairman shall not be appointed of the same municipality.

(2) There shall be an Executive Committee comprising the Chairman, the Vice Chairman and one other member so that all three participating municipalities are represented.
Subsection 9(2) replaced: N.S. Reg. 49/96.

(3) The Commission shall elect these officers at its first meeting after the making of this Order, and, thereafter, shall elect officers at its annual meeting.

(4) A simple majority shall constitute a quorum.

(5) (i) That decisions on all matters other than salary and budget be made by majority vote of all members (individuals) present,

(ii) that decisions on all matters of salary and budget be made by a majority vote whereby there must be agreement of the majority of the units that contain greater than 51% of the combined uniform assessment of the participating municipalities, with each unit having one vote, and all participating municipal units shall be represented at the meeting.
Clause 9(5)(ii) replaced: N.S. Reg. 49/96.
Subsection 9(5) replaced: N.S. Reg. 203/84.

(6) Decisions of the Commission shall be forwarded to the Councils of the participating municipalities, and each Council may require the Commission to reconsider any or all aspects of any policy or decision which is offensive to that Council.

10 There shall be quarterly meetings of the Commission in each calendar year and such other meetings as may be called from time to time by the Chairman or by any two members of the Commission.

10A (1) The Commission shall appoint an arbitrator at its annual meeting.

(2) If the council of any one of the participating municipalities is dissatisfied with the amount of the estimate referred to in subsection 258(1) of the Municipal Government Act, then, within sixty days after the estimate has been delivered to the clerk of the participating municipality, it shall require the arbitrator referred to in subsection (1) to determine and report the amount which the municipality shall provide for the commission and the arbitrator shall make the report within ten days of receiving the request.
Section 10A added: N.S. Reg. 45/97.

11 The Minister reserves the right to make such other Orders as may be required under the authority of the Municipal Government Act.