Transcription of The Municipalities Act
1 1 c MUNICIPALITIESThe Municipalities ActbeingChapter * of The Statutes of Saskatchewan, 2005 (effective January 1, 2006, except which comes into force on proclamation of of ) amended by the Statutes of Saskatchewan, 2005, ; 2006, and 18; 2007, , 17, 30 and 32; 2009, ; 2010, , and 24; 2011, ; 2012, ; 2013, , and ; 2014, and ; 2015, , , , and ; 2017, ; 2018, , , , and ; and 2020, *NOTE: Pursuant to subsection 33(1) of The Interpretation Act, 1995, the Consequential Amendment sections, schedules and/or tables within this Act have been removed. Upon coming into force, the consequential amendments contained in those sections became part of the enactment(s) that they amend, and have thereby been incorporated into the corresponding Acts. Please refer to the Separate Chapter to obtain consequential amendment details and :This consolidation is not official and is subject to House amendments and Law Clerk and Parliamentary Counsel changes to Separate Chapters that may be incorporated up until the publication of the annual bound volume.
2 Amendments have been incorporated for convenience of reference and the official Statutes and Regulations should be consulted for all purposes of interpretation and application of the law. In order to preserve the integrity of the official Statutes and Regulations, errors that may have appeared are reproduced in this MUNICIPALITIEST able of ContentsPART IShort Title, Interpretation and Purposes 1 short title 2 Interpretation 3 Principles and purposes of ActPART IICapacity and General Provisions respecting Powers 4 Legal status and capacity 5 Municipality to act through council 6 guide to interpreting power to pass bylaws 7 Fettering of legislative discretion prohibited 8 Jurisdiction to pass bylaws 9 Special business licences 10 Territorial jurisdiction of council 11 Relationship between bylaws, resolutions and provincial lawsPART IIIS pecial PowersDIVISION 1 Streets and Roads 12 Control 13 Permanent closure 14 Temporary closure 15 Marking closed street or road 16 Opening street or road 17 Naming street or roadDIVISION 2 Vehicle Management 18 Harmonized system required 19 Dispute resolution re harmonization 20 Regulations 21 Permits for overweight vehicles 22 Agreements for road maintenance Reciprocal agreements Road maintenance determination of issuesDIVISION 3 Public Utilities 23 Method of providing a public utility service 24 Agreements with other Municipalities 25 Land adjacent to streets, roads and easements 26 Right of entry 27 Right of entry re reading meters 28 Service connections 29 Discontinuance of public utility 30 Liability for damage to public utility service 31 Liens re public utility services 32 Plumbing fixtures.
3 InstallationDIVISION 4 Public Utility Boards 33 Establishment 34 Borrowing 35 Excess revenues 36 Investments 37 DissolutionDIVISION 5 Business Improvement Districts 38 Establishment 39 RequisitionDIVISION 6 Consolidation and Revision of Bylaws 40 Consolidation 41 RevisionDIVISION 7 Miscellaneous Powers 42 Providing services outside municipality 43 Intermunicipal sharing of taxes and grants 44 Civic holidays 45 Census 46 Water bodies 47 Granting rights over municipal land, buildings or structures 48 Disposition of municipal lands or buildingsDIVISION 8 Additional Service Establishment of additional service Alterations to additional service Dissolution of additional service areaPART IVCreation and Alteration or Restructuring of MunicipalitiesDIVISION 1 Preliminary Matters 49 Rural Municipalities Reviews of division boundaries 50 Organized hamlets 51 Resort villages and villages Municipal districts 52 Request to change status Initiating restructuring or change in status if municipality is not in compliance 53 Restructured Municipalities 54 Petition for restructuring3 c MUNICIPALITIESDIVISION 2 Procedures for Establishing, Incorporating, Altering or Restructuring 55 Petition for organized hamlet, resort village or village 56 Notice to the public 57 Public meeting 58 Vote 59 Application to minister 60 Referral or application to Saskatchewan Municipal BoardDIVISION 3 Orders Incorporating, Altering.
4 Restructuring or Changing Municipalities 61 Minister s order 62 Contents of orders 63 Consequences of orders 64 Correcting orders 65 Publication of ordersDIVISION 4 Change of Name 66 Change of nameDIVISION 5 General Matters re Boundaries 67 Boundaries of municipalitiesDIVISION 6 Organized Hamlets 68 Hamlet board 69 Hamlet account Hamlet budget and report of activities 70 Hamlet levy 71 Mill rate 72 Expenditures 73 Water or sewer system 74 Provision of services 75 Agreements with SaskPower 76 Lighting and sidewalks 77 Disputes between hamlet board and council 78 RegulationsPART VMunicipal Organization and AdministrationDIVISION 1 Municipal Councils 79 Councils as governing bodies 80 Number of councillors 81 Council committees and bodies Procedures at meetings 82 Remuneration, etc., of members of council Youth memberDIVISION 2 Wards 83 Division into wards 84 Municipal wards commission 85 Establishing wards 86 Review of wards 87 Hearings 88 Disestablishment of wardsDIVISION 3 Elections 89 Election procedures Criminal record checks 90 Filling vacanciesDIVISION 4 Deputy and Acting Mayor or Reeve 91 Deputy and acting mayor or reeveDIVISION 5 Duties and Oath of Office 92 General duties of councillors 93 General duties of mayor or reeve Code of ethics Failure to adopt code of ethics 94 Oath or affirmationDIVISION 6 Term of Office, Vacancies.
5 Quorum and Voting 95 Term of office 96 Resignation 97 Vacancies on councils 98 Quorum 99 Voting100 Majority decision101 Recorded vote102 Tied voteDIVISION 7 Bylaw Procedures103 Readings104 Defeat of proposed bylaw105 Passing of bylaw106 Coming into force of bylaw107 Amendment and repeal108 Evidence of bylaw or resolutionDIVISION 8 Municipal Officials and Employees109 Municipal office110 Appointment of acting administrator111 Duties of administrator4c Employee code of conduct112 Member of council not eligible for certain positions113 Bonding114 Appointment, suspension and Protection from reprisalDIVISION 9 Municipal Documents115 Municipal documents116 Preservation of public documents117 Inspection of municipal documents118 Evidence of documentsPART VIPublic Accountability119 Actions in public120 Meetings to be public, exceptions121 First meeting of council122 Regular meetings123 Special meetings124 Method of giving notice125 Meeting through electronic means126 Delegation of authority127 Matters that must be dealt with by council128 Public notice129 Public meeting130 Plebiscites131 Referendum initiated by council132 Petition for referendum133 Requirements for petition134 Counting petitioners135 Report on sufficiency of petition136 Council s duty on receiving sufficient petition137 Result of referendum138 Application to court139 Application of The Local Government Election Act.
6 2015140 Amendment or repeal of referendum bylaws or Petition for a financial or management auditPART VIIC onflicts of Interest of Members of Council141 Interpretation of Conflict of Interest142 Public disclosure statement143 Financial interest144 Disclosure of conflict of Absence from meeting and ongoing Restrictions on influence and use of office145 Effect of conflict of interest on resolutions or bylaws146 Effect of conflict of interest on quorumPART VIIID isqualification of Members of Council147 Reasons for disqualification148 Enforcement of disqualification149 Inadvertence or honest mistake150 Appeal151 ReimbursementPART IXFinancial AdministrationDIVISION 1 Interpretation of Part152 Interpretation of PartDIVISION 2 General Financial Matters153 Financial Public reporting of theft and fraud154 Municipal Municipality to pay interest on collected amountsDIVISION 3 Budgets155 Adoption of budget156 Contents of budget157 Capital works plans158 Saskatchewan Municipal Board approval159 Expenditure of moneyDIVISION 4 Investments160 Permitted investmentsDIVISION 5 Debt Limits161 Debt limit162 Limitations on borrowings and loan guarantees163 Approval of Saskatchewan Municipal BoardDIVISION 6 Borrowing Generally164 Borrowing bylaw165 Use of borrowed money166 Borrowing for operating expenditures167 Validity of borrowings.
7 Loans and guarantees168 Application of money borrowedDIVISION 7 Long-term Debt169 Content of bylaw170 Debentures171 Consolidation of long-term debt172 Amendment or repeal of bylaws173 Replacement of debentures5 c MUNICIPALITIES174 Form of securities175 Debentures register176 Exchange of debentures177 Transfer of debentures178 Transmission179 Repurchase of debentures180 TrustsDIVISION 8 Loans and Guarantees181 Limitations182 Loans183 GuaranteesDIVISION 9 Purchasing184 Purchasing policyDIVISION 10 Annual Financial Statements and Auditor s Report185 Annual financial statements186 Reports to minister187 Financial statements for controlled corporations188 Auditor189 Auditor s reports190 Access to information by auditors191 Completion of auditDIVISION 11 Liability192 Civil liability of members of councilPART XProperty AssessmentDIVISION 1 Assessment193 Interpretation of Quality assurance standards reports194 Property Regulated and non-regulated property assessments195 Preparing annual assessments196 Percentage of value197 Taxable assessment198 Fixed assessment agreements199 Assessment rules re resource production equipment200 Repealed201 Provision of information to assessor202 Offence and penalty re failure to provide information203 Fee for access to assessment informationDIVISION 2 Assessment Roll204 Preparation of assessment roll205 Contents of assessment roll206 If two or more owners or occupants207 Recording assessed persons208 Corrections to assessment roll209 Additions to assessment roll210 Designation of education property tax211 Fraudulent assessment212 Severability213 Assessment roll open to publicDIVISION 3 Assessment Notices214 Preparation of assessment notices215 Contents of assessment notice216 Sending assessment notices217 Publication re assessment notices218 Correction of assessment notice DIVISION 4 Supplementary Assessments219 Preparation of supplementary assessmentsDIVISION
8 5 Board of Revision220 Establishment of board of revision221 Secretary of board of Provincial Registrar of boards of revision222 District board of revision223 Simplified appeals224 FeesDIVISION 6 Appeals to Board of Revision225 Appeal procedure226 Filing notice of appeal227 Withdrawal of appeal228 Agreement to adjust assessment229 Notice of hearing230 Disclosure of evidence231 Declaration of confidentiality232 Ruling re confidentiality of information233 Proceedings before board of revision234 Production of assessment roll235 Witnesses236 Parties to tender all their evidence237 Failure to appear238 Recording of hearing or testimony239 Amending notice of appeal240 Decisions of board of revision241 Amendment of assessment roll242 ImmunityDIVISION 7 Appeals to Saskatchewan Municipal Board243 Appeals to consolidate assessment appeals244 Direct appeals245 Procedure before appeal board6c MUNICIPALITIES246 Appeals from decisions of board of revision247 Notice of appeal248 Fees on appeal249 Notification of filing250 Transmittal of board of revision record251 Appeal hearing date252 Appeal determined on record253 New evidence254 Proceedings255 Failure to appear256 Decisions257 Application of decisionsDIVISION 8 Confirmation of Assessment Roll258 Confirmation of assessment roll259 Repealed260 Assessment binding on property261 Proof of assessmentPART XITaxationDIVISION 1 Interpretation of Part262 Interpretation of PartDIVISION 2 Tax Roll263 Tax roll required264 Contents and correction of tax rollDIVISION 3 Imposition of Tax265 Liability for taxation266 Taxes imposed on January 1 DIVISION 4 Tax notices required267 Tax notices required268 Sending tax notices269 Certification of date of sending tax notice270 Deemed receipt of tax notice271 Correction of tax noticeDIVISION 5 Payment of taxes272 Manner of payment273 Application of tax Municipality to pay proportionate amount to other taxing
9 Authorities274 Cancellation, reduction, refund or deferral of taxes275 Tax becomes debt to municipality276 Tax certificates277 Proof of taxes278 Action for refund of taxesDIVISION 6 Penalties for Non-payment279 Penalties current year280 Penalties other years281 Arrears of certain costs and expenses282 Penalties part of taxesDIVISION 7 Imposing and Calculating Tax283 Tax levy284 Classes of property285 Mill rate factors286 Tax rates287 Tax rates for other taxing authorities288 Calculating amount of property tax289 Minimum tax290 Base Mill rate survey Minister s order re non-compliance with tax tool limits291 Tax agreement292 Exemptions from taxation293 Exemptions from taxation in rural municipalities294 Exemptions re grain storage space295 Exemption of specific properties296 Taxation appeal297 Local improvements298 Exempt property and other taxing Exempt property and the Government of Saskatchewan with respect to school taxes299 Service fees300 Changes to taxable status301 Taxation of
10 Certain improvements302 Taxation in regional parks303 Supplementary property tax rollDIVISION 8 Adjustment of Tax Levy304 Proration of tax levy305 Effect on taxes of appeals re assessmentsDIVISION 9 Permit Fees as Alternative to Taxation for Trailers and Mobile Homes306 Trailers and mobile homesDIVISION 10 Apportionment of Taxes and Other Amounts307 Property that becomes exempt308 Apportionment of sums other than taxes309 Apportionment of legal costs310 Special assessments311 Repealed7 c MUNICIPALITIESDIVISION 11 Special Taxes312 Special tax bylaw313 Taxable property314 Contents of special tax bylaw315 Use of Use of revenue additional service areasDIVISION 12 Other Taxes316 Amusement tax317 Collection from oil or gas Establishing tax increment financing Provisions of tax increment financing Provisions for financing environmental improvementsDIVISION 13 Enforcement of Taxes318 Person liable to pay special tax319 Person liable to pay taxes320 Lien for taxes321 Right to collect rent to pay taxes322 Insurance proceeds323 Distress and seizure of goods324 Goods affected by distress warrant325 Date for issuing distress warrant326 Right of entry327 Notice of seizure328 Right to pay taxes329 Right to release goods330 Sale of seized goo