HomeMy WebLinkAboutTown of New Waterford Bylaws Pre Amalgamation 1995 Town of New Waterford
Pre — Amalgamation (1995)
Bylaws
Town of New Waterford Bylaws
Bylaw Page #
Animal Control (Dogs) 3
Anti Whistle 11
Bicycle Licenses 13
Building 15
Establish the Board of Police Commissioners 23
Burning of Garbage & Refuse 27
Connors Street Closing 28
Council Procedure 31
Emergency Measures 33
Firemen's Bylaw 40
Garbage & Refuse Bylaw 54
Installing Billing Bylaw 64
Interpretation 66
Maintenance & Care of Streets 68
Minimum Standards for Existing Buildings 76
Municipal Land Transfer Tax Bylaw 90
Officers Generally Bylaw 94
Parks & Recreation Committee Bylaw 96
Plebiscite Bylaw 100
Public Property Bylaw 102
Recreation Committee Bylaw 104
Town Boundaries 108
Ross Avenue (Close Portion) 119
Rules of Order 121
Street Closing 131
Irish Brook Road (Close Portion) 132
Tax Exemption for Property & Charitable Purposes 134
Taxi 136
Town Clerk& Treasurer 145
Town Council 148
Town Meetings 154
Town Seal 157
Town Solicitor 159
Unnecessary Noise Bylaw 161
Unsightly Premises 163
Ward Boundaries Bylaw 166
Town of New Waterford
BY-LAW #25 APPROVAL
_4IMAL CONTROL (DOGS) Council (0 87
i
Minister ( .f
1. In this by-law,
(a) "Clerk" means Town Clerk of the Town;
(b). (dog) means any dog, male or female;
(c) "Dog Control Officer"• means a town police
officer. or by-law enforcement officer
appointed under the Police Act to enforce
this by-law;
(d) "town" means the Town of New Waterford;
(e) "owner" of a dog includes any person who
possesses or harbours a dog;
(f) "Poundkeeper" means a person or persons
appointed by the Town by resolution of
Town Council.
2. (a) on or before the first of April in each year
the owner of any dog shall register such dog with the clerk or
his appointee, shall pay the tax provided thereof by this by-
law, and shall obtain from the clerk or his appointee, a tag
for such dog.
3. (a) The owner of a dog who has become owner
thereof after the first day of April and which dog is not
registered in his name with the clerk or his appointee, shall
within 3 days after he has become owner, register the dog
and pay the tax.
(b) The owner of a dog who has become the owner
thereof and which dog is not registered in his name with the
clerk or his appointee, shall within three (3) days after he
has become owner, register the dog and pay the tax, obtain a
tag and attach it to the collar of the dog.
- 2 -
(c) A tax paid at any time after the first day
of April shall.be the same amount as the tax required to be paid
on or before the first day of April notwithstanding that it is
for only part of a year.
(d) Registration made and tax paid after the first
day of April shall be effective until the last day of March next
following the making and payment thereof.
4. The tax shall be annually as follows:
One neutered male or spayed dog.. .. . .$5.00
Each additional neutered male or spayed dog,where
more than one such dog is owned by any one
person or -household. . . . . . . . . . . . . . . . .$5.00
One female dog, not spayed or one male dog
not neutered. . . . . .. . . . . .$20.00
Each additionalfemaledog, not spayed or
male dog not. neutered, where more -than one
such.;dog.is.owned_by'any.one.person.or household..$20.00
5. The owner of a kennel or pure-bred dogs which are
registered in the Canada Kennel Register may, in any year, pay
to the treasurer of the Town, or his appointee; ten (.$10)
dollars as a tax upon the kennel for that year, and upon the
production•of the. treasurer's certificate of payment, the owner
of such-kennel shall be,exempt Irom any further tax in .respect
of such dogs for that year.
6. The Clerk=or his appointee, shall keep a record of
every dog registered, showing the date and number of registration
and the name and description of :the dog with the name and address
of the owner. . The, owner shall furnish this information to the
Clerk .or his,appointe.e, at or before the time of registration.
7. The Clerk shall supply the owner with. a tag for
each dog registered, with the number and year of the registration
stamped thereon, and the owner of everyregistered dog shall keep
on such dog a collar with the tag attached threreto.
3 -
8 . ,If an owner files with the Clerk a statutory
declaration that a. tag has been lost, the Clerk may replace the
tag that has been lost upon payment by the owner of the sum of
one ($1..00) .dollar.
9. Any owner within the Town. who sells or transfers
any dog shall .report- to the Clerk the sale or transfer, the name
and address of the person to whom. it was-sold or transferred, a
description of the dog and the number of the registration as
shown on the tag issued by the Clerk.
10. The Clerk or his appointee, shall transfer the
registration of such dog to the new owner thereof .' on payment of
the amount by which the tax on the dog to the new owner would
exceed any tax paid on .the dog that year by-the previous owner,
or in .any other case,. without charge.
11. No dog shall be permitted to leave the premises of
the owner unless the said dog is under the effective restraint
or control of some person in charge .thereof, •and the fact that
any dog. is running at large shall be an offence against this
by-law.
12. The .owner of a dog;
(a) which runs at large contrary to this
by-law; or
(b) in respect of which the tax imposed by
this by-law is not paid;. or
(c) which is fierce or dangerous;. or
(d) which, without provocation, has
attacked or injured any person
or property
is guilty of an offence. against this by-law .and -is =
subject on .uonviction�.to.._.the.:pmalty prescribed.by...Section 16.
• I
4 -
13. Any constable, or peace officer, without notice
to or .complaint against the owner of any such dog, may impound
and kill or may kill on sight without impounding, any dog:
(a) found running at large contrary to this
by-law; or
(b) in respect of which the tax imposed by
this by-law has not been paid; .or
(c) which is .fierce or dangerous.
14. The owner of any dog shall be required by the
Clerk or his appointee, to deliver to him, in writing, a state-
ment.of the number of dogs owned or harboured by him, or which
are habitually kept upon the premises for which he is assessed
by whomsoever owned, and for neglect or refusal to do so, and
for every false statement made in respect thereto, he shall be
liable upon conviction to a penalty of twenty ($20.00) , or in
default of payment to imprisonment not exceeding 10 days.
15. Every owner who neglects to obtain a tag for such
dog owned by him and to keep it securely fixed on his dog ex-
cepting while the dog is being lawfully used for hunting purposes,
or who uses a tag upon a dog other than that for which it was
issued, shall be liable upon conviction to a penalty not to
exceed twenty ($20.00) dollars, or in default of payment to
imprisonment not exceeding 10 days.
16. Any person who violates any provision of this
by-law except as set out in Sections14 and 15 hereof shall be
liable on conviction. to. a penalty not.exceeding one hundred
($100.00) dollars, and in default. of payment to imprisonment
for a period not. exceeding 10 days.
5 -
17. (a) The Council may appoint a poundkeeper who
shall keep all, dogs delivered to him, and furnish them with food
and water for a minimun period of forty-eight (48) hours.
(b) The Poundkeeper shall keep a record of all
dogs impounded and of the time and manner of their disposal. The
record book shall be open for inspection at any time that the
Poundkeeper is in attendance at the .Pound.
18. (a) ;` :If, at the expiration of forty-eight (48)
hours following the..impounding of any dog, no claim of ownership
for such dog is made, it shall be the duty of the poundkeeper
to make all reasonalbe efforts to notify the owner of such dog an
if unable to notify the owner, the poundkeeper_ shall dispose of
the dog, either by. selling it for the best price obtainable or if
the dog cannot be sold by. destroying it in a .humane .manner.
(b) A person resident•within 'the Town purchasing
an unregistered dog from a.poundkeeper shall register the dog
before taking him from the pound.
19.. :If the owner appears and .claims his dog before the
time fixed by the poundkeeper, the dog shall be delivered to him
on payment of any tax required by this by-law and payment of the
fees set .out in this by-law.
20.-. (a) . .The,poundkeeper shall be entitled to receive
a fee, or fees as determined by contract with the Town.
(.b) -' A person-or owner claiming an impounded dog `
shall be liable to pay the following:
(1) For impounding a dog the sum of fifteen
($15.00) dollars;
(2) For room and board, ten ($10.00) dollars
per day or any part of a day but a person
purchasing an unclaimed dog shall not be
required to pay these fees.
. . ./6
6 _
21. The .Clerk and/or Dog Control Officer shall
immediately notify every person reported to him as the owner of
an unregistered dog in the Town by letter, by ordinary mail,
postage paid and addressed .to the owners address, requesting such
owner forthwith to register the dog, and to comply with this
by-law.
22. The Clerk and/or Dog Control Officer shall keep a
record of every dog and its owner so reported to him together
with a description of ,the dog, if available, •and the name of the
reporting person.
23. (a) The Clerk or any person nominated by him may
require the owner of a dog to deliver to him in writing a state-
ment of the number of dogs owned or harboured by him, or which are
habitually .kept upon the premises occupied by him by whomsoever
owned.
.(b) Any ,person who neglects or refuses to provide
a statement within ten days after having received notice requir-
ing him to provide it is upon .convi:ction guilty of an offence and
shall be liable on summary conviction to a penalty not exceeding
twenty ($20.00) dollars and in default of payment to imprisonment
not exceeding ten (10) days.
24. Every owner of a dog is- to pay to the poundkeeper
a fee of five ($5.00) dollars for each dog .destroyed by the
poundkeeper; for the removal of each dead dog, a fee of five
($5.00) dollars when the owner requests the services of the
dog catcher.
j
i
25.. All by-laws of the Town heretofore enacted
relating .to .dogs are hereby repealed.
I, Jerry Ryan, Clerk of the Town of New Waterford,
do hereby certify that the foregoing is a true
copy of a By-law duly passed at a duly called
meeting of the Town Council of the Town of
New Waterford duly convened and held on the fo
day of XlI_� A.D. , 19,0
DATED at New Waterford, Nova Scotia this /5
day of A.D. , 19P,_
J RRY AN - TOWN CLERK
Recommended for approval with an amendment.
F. Robertson
Approved pursuant to Section 24 of the Municipal Affairs
Act with the following amendment.
Section 20(b) (2) is amended in line one by deleting
the following "ten ($10.00)" and substituting
therefore the following "'five ($5.00)".
Dated at Halifax this da ��.�� 1985.
. McIn
Minister ni ipal Affairs
BY-LAW
TOWN OF NEW WATERFORD
RESOLVED by the Town Council of the Town of New
Waterford, THAT the following By-Law be, and the same is
hereby, enacted and ordained; and THAT the Town Clerk be, and
he is hereby, instructed to forward same to the Minister of
Municipal Affairs for his approval.
By-Law amending the Town of New Waterford Dog
By-Law ordinarilly passed and adopted by the Town Council on
the 9th day of May 1967, and being By-Law Number 25.
1. Section 4 - of the said By-Law as passed by the Town
Council on the 9th day of May 1967 is hereby
repealed and the following applies:
one male or spayed dog. . . . . . $5.00
Each additional male or spayed dog
where more than one such dog is
owned by any one person or house-
hold. . . . . . . . . . .. . _ . . $3.00
One female dog, not spayed. .$20.00
Each additional female dog, not
spayed, where more than one such
dog is owned by any one person
or household. . . . . . . . . $5.00
2. Section 5 - of the said By-Law as passed by the Town
Council on the 9th day of May 1967 is hereby
repealed and the following applies:
The owner of a kennel of pure-bred dogs
which are registered in the Canada Kennel
Register may, in any year, pay to the
treasurer of the Town twenty five ($25.00)
dollars as a tax upon the kennel for that
year, and upon the productionof the treasurer's
certificate of payment, the owner of such
kennel shall be exempt from any further tax
in respect of such dogs for that year.
I, Francis MacKinnon, Clerk
of the Town of New Waterford,
do hereby certify that the
foregoing is a.true copy of a
By-Law.duly passed at a duly.
called meeting of the Town
Council of the Town of New
Waterford duly convened and
held on the day of
A.D. 19
DATED at New Waterford, Nova
Scotia this day. of
A..D. , 19
FRANCIS MACKINNON - TOWN CLERK i
ii
TOWN OF NEW WATERFORD
APPROVAL:
BY-LAW NO. 42 Council Aug. 8/85
ANTI WHISTLE BY-LAW Sept. 24/85
BE IT RESOLVED by the Town Council of New Waterford, N.S. ,
that the following By-Law be and the same is hereby enacted and
that the Clerk be and is hereby instructed to forward two copies
of same to the Minister of Municipal Affairs for his Approval:
1. The sounding of any engine whistle in accordance with the
provisions of Section 248 (2) of the Railway Act in respect of
the following Street Crossings within the limits of the Town of
New Waterford, is hereby prohibited:
MILE: 7.1 (11.4 km)
SUBDIVISION: New Waterford, N.S.
STREET NAME: Heelan Street
MILE: 7.2 (11.6 km)
SUBDIVISION: New Waterford, N.S.
STREET NAME: Mahon Street
MILE: 7.3 (11.8 km)
SUBDIVISION: New Waterford, N.S.
STREET .NAME: Gibbon Street
MILE: 7.5 (12.1 km)
SUBDIVISION: New Waterford, N.S.
STREET: Eighth Street
MILE: 7.6 12.2 km)
SUBDIVISION: New Waterford, N.S.
MILE: Warren Avenue
MILE: 7.7 (12.4 km)
SUBDIVISION: New Waterford_ , N.S.
STREET: King Street
MILE: 7.8 (12.5 km)
SUBDIVISION: New Waterford, N.S.
MILE: Wilson Avenue
-2-
MILE: 8.0 (12.9 km)
SUBDIVISION: New Waterford, N.S.
STREET NAME: St. Joseph Street
2. This By-Law shall come into force if and when approved
by an Order of the Railway Transport Committee of the
Canadian Transport Commission.
DATED at New Waterford, Nova Scotia, this /C day of f 1985.
THIS IS TO CERTIFY that the foregoing is a true copy of/a bylaw
duly passed at a duly called meeting of the Council of the Town
of New Waterford, duly held on the /G' day of -Ov;--c_
A.D. , 1985.
GIVEN under the hand of the Clerk d under the Seal of the Town
of New Waterford. the Fes- day of A.D. , 1985.
WN - JJ� RY RYAN
FP=,F<T�r1E dT OF MUNICIPAL AFFAIRS
Recorn:nended for
aprr3,jal of tha Mj!jister
APPROVED this.... .....4- ...........day
rte. f .... . .......1 S
�- ••\' nlst., o hlu nlci0 tl Alln lr5
TOWN OF NEW WATERFORD
-BY-LAW "NO. 22 APPROVAL
RESPECTING BICYCLE LICENSES Council , Z
Minister6 8,s'_
BE IT ENACTED AND ORDAINED by the Town Council of the Town
of New Waterford as follows:
1. No bicycle owned by a resident of the Town of New
Waterford shall be operated on any street in said Town unless a
license permit and number plate has been granted for the operation
of such bicycle as provided by this By-Law.
2. (a) Bicycle permits under this By-Law shall be granted
by :the Chief of Police of the Town of New Waterford, and shall permit
the;operation of the bicycle described therein until the 30th day
of April next ensuing.
(b) Every such permit shall be numbered, and shall
specify the owner of the bicycle and the size, make, and serial
number of the bicycle for which the permit has been granted.
(c) A fee of One dollar ($1.00) for every such permit
shall be paid to the Chief of Police for the use and .benefit of the
Town of New Waterford.
3. A number plate, with a number thereon corresponding
to the number on such permit, and such number plate shall be kept
displayed in a conspicuous place on the rear frame of the bicycle
for which such permit has been granted.
4. If a bicycle in respect of which a permit and number
plate has been granted is sold or exchanged during the continuance
of such permit, it shall not be necessary to obtain a fresh permit j
and number plate for such bicycle before the 30th day of April
next ensuing, but the name of the new owner of the bicycle may be
substituted in the permit for the name of the original owner by
the Chief of Police without cost.
5. Every person who operates on any street in the Town
of New Waterford,
(a) A bicycle in respect of which a license permit
as required by this By-Law has not been granted, or
(b) A bicycle to which is not attached a number
plate as required by this By-Law, shall be guilty
of an offence against this By-Law and liable to
a penalty as set out in Section 266 of the Motor �.
Vehicle Act.
I, Jerry Ryan, Clerk of .the Town of New Waterford,
do hereby certify that the foregoing is a true
copy of a By-law duly passed at a duly called
meeting of the Town Council of the Town of
New Waterford duly convened and held on the�o-270-
day of le)-� A.D. , 19
DATED at New Waterford, Nova Scotia this �S
day of ynle_�, A.D. , lq_v�
:��RRYJKAN - TOWN CLERK
DF?TMEN~~ _0�
OF P4U,'VICIPAL A-F�yMFF
a pecorpmended ~-
AAroval of the 0' ,;zr, ter
..0
APpF?OV
h f this.....6 ... ...d
ay _
Town of New Waterford
BY-LAW #34 APPROVAL ''//
BUILDING BY-LAW Council w r-,l
Minister �S
1. (1) The (Town, Municipality) of New Waterford hereby
adopts the National Building Code of Canada 1980, as
published by the Associate Committee on the National
Building Code, National Research Council of Canada,
including the Eratta Sheet dated May, 1980.
(2) The Council also hereby adopts the Administrative
Requirements for use with the National Building Code
1980, issued by the Associate Committee on the
National Building Code, with the following amendments:
(a) In subsection 7.13 of Section 7 the
words "and may recover such expense
in like manner as municipal taxes"
in lines 2 and 3 of clause (a) are
deleted;
(b) Subsection 12.1 of Section 12 is
deleted;
(c) In subsection 4.1 of Section 4 and in
subsection 7.1 of Section 7, the words
"and any other employees of the
(municipality, town) who administer or
enforce the building regulations.under
the direction of the building inspector"
are added immediately after the words
"authority having jurisdiction";
(d) Section 11 is deleted.
2. (1) The council also hereby adopts the Canadian Plumbing
Code, 1980.
(2) The council also hereby adopts the Building Standards
for the Handicapped, 1980 to be enforced in accordance
with the Building Access Act, Chapter 7 of the Acts of
1976 and as amended by Chapter 69 of the Acts of 1980.
3. 'The appropriate values for Table 1 of the Administrative
Requirements for the Town of New Waterford are as follows:
Table 1
Forming Part of Subsection 10.1
CL`iMATIC DATA FOR THE
NATIONAL BUILDING CODE OF CANADA 1980
1. January 21 per cent Design Temperature.. . . . . . . -16°C
2 -
2. January 1 per cent Design Temperature. .. .. .. .. .. -18°C
3. July 21 per cent Design Dr bulb Tem °
g Y p. . . .. . . . . +27 C
4. July 21 per cent Design Wetbulb Temp. . . .. . .. . . . . +21°C
5. Annual Total Degree-days. . . .. . . . . . . . . . . . . . . . . . . 4459
6. Maximum 1 day Rainfall. . . .. . . . . . . . . . . . . . . .. .. . . 97mm
7. Annual Total Precipitation. . .. . . . . . . . . . . . . . . . . . 1341mm
8. Maximum Snow Load on the Ground. . . .. . . . . . .. . . . . 2.8KN/m2
9. Wind Effects: Probability 1/10. . . . .. . . . . . ... . . .0.47KN/m2
Probability 1/30. . . . . . .. . .... . . . . .0.55KN m2
Probability 1/100. . .. .. . . . .. .. . . . .0.65KN m2
10. Seismic Zone. . . .. . . . . . . . . . . . . . . . . . . . . .. . . . . . . . 2
11. Acceleration ratio 'Al . . . . . . . . . 0.04.A
Canadian plumbingCode�1980
12. Maximum 15 min. Rainfall.. 13mm
4. The council shall appoint a building inspector who shall be
responsible for the administration and enforcement of this
by-law and any other duties delegated to him by the council
excepting the authority to take action in a court of law for
a .violation of this by-law.
5. (1) A person who violates. a provision of this by-law or a
provision of any code adopted in this by-law is guilty of
an offence and for each such offence is liable to a penalty
of not less than one hundred dollars nor more than one
thousand dollars and in default of payment to imprisonment
for a period of not less than fifteen days nor more than
three months.
(2) .Every day during which any such contravention or failure
to comply continues shall be deemed a fresh offence.
6. All other building by-laws heretofore passed by the Town
are hereby repealed on the effective date of this by-law.
7. This by-law shall come into effect on
or on the date approved by the Minister of Municipal
Affairs whichever is the later date.
SCHEDULE "A"
BUILDING PERMIT FEE SCHEDULE
BASED ON FLOOR AREA
Residential (new or additions) - $5.00 Plus .05t per sq. ft.
Community Centres and Churches $5.00 Plus .05� per sq. ft.
Non-residential -. $5.00 Plus . lot per sq. ft.
Repairs 'and alterations
(no increase in size) - -$5.00 Plus $1 .00 per $1 .000 of
Estimated value ..
Far,, Building and Garages - $5.00 Plus .02t per sq. ft.
De,rolition Permi�t' - $10.00 - Flat Rate
3.:cupan-Y Permit and Wiring Permit $10.0o - Flat Rate
i . All fees are rounded to the -nearest dollar.
2. Permit fee must be paid at time of application.
s. $5.00 of each building permi-c Tee paid is nun-reTunuobie
if cancelled (to cover -processing costs) . This portion
will be retained by the Commission but the remaining
fee will be remitted to the individual municipality on
a quarterly basis or paid directly at the town office.
4. Floor area means the area of a building based on the
exterior dimensions plus the total area of each floor
in excess of three floors, whether above or below grade.
5. All revenue from permit fees will either be paid
directly at the municipal office or paid at the
Commission's office. and rebated to the municipal unit
on a quarterly basis, except for the following which
will be paid to the Commission or rebated to the Commission:
a). Demolition permit fees - $10.00
b) Occupancy permit fees - $10.00
c) $5.00 non-refundable portion of the
Building permit fees.
I,.: Jerry .Ryan, Clerk of ,the Town of New Waterford,
do hereby certify that the foregoing is a true
copy of a Byrlaw duly passed at a duly called
meeting of the Town Council of the Tbwn of
New Waterford duly convened and held on the lv
day.of A.D. , 19�j�.
DATED at New Waterford, Nova Scotia this /s
day .of //�� , A.D. , 19�
RY - TOWN CLERK
Recommend for approval with amendments.
F. Robertson
Approved pursuant to Section 24 of the Municipal Affairs Act
with the following amendments:
1. The following section is inserted immediately
following Section 4.
114:.(a) The fee for a building permit required under
this by-law shall be in accordance with Schedule "A"
attached."
2. This by-law is further amended by attaching Schedule
"A"'respecting permit fees to the end thereto.
Dated. at. 1 f. x 6 day of 1985.
Thomas c..nnis•
s of iinic .pal'Affairs
BUILDING BY-LAW 1978
TOWN OF NEW WATERFORD
BY-LAW NUMBER: 1978-2
BE IT ENACTED AND ORDAINED by the Town Council of the Town of New Waterford
that the following By-Law be enacted and that the Clerk forward three copies
of it, duly certified and sealed, to the Minister of Municipal Affairs with
a request for his approval thereof.
BUILDING BY-LAW
1. The Town of New Waterford hereby adopts the National Building Code of
Canada, 1977, as published by the Associate Committee on the National
Building Code of the National Research Council of Canada, excepting:
(a) In subsection 1.3.2 of Section 1.3 of Part 1 in the definition
.of "authority having jurisdiction" the words "and any person
authorized by him to administer this By-Law";
(b) Subsection 2.4.17 of Section 2.4 of Part 2;
(c) In subsection 2.7.13 of Section 2.7 of Part 2 the words "and may
recover such expense in like manner as municipal taxes" in lines
2 and 3 of Clause (a);
(d) Subsection 2.12.1 of Section 2.12 of Part 2;
and including the Errata Sheet dated July, 1977 amending Table 9.23,
10A on .page 294.
2. (1) The Council also hereby adopts the Canadian Heating, Ventilating
and Air Conditioning Code, 1977; Canadian Plumbing Code, 1977;
Canadian Construction Safety Code, 1977; Span Tables for Wood Joists,
Rafters, Trusses and Beams, 1977.
(2) The Council also hereby adopts the Building Standards for the
Handicapped, 1977 to be enforced in accordance with the Building
Access Act, Chapter 7 of the Acts of 1976.
(3) The Council also hereby adopts the Metric values for use with the
National Building Code of Canada, 1977 and the publications
referred to in subsections (1) and (2). Such tables shall be used
with the appropriate document beginning on January 1978 or such later
date when construction materials are generally available in metric
measures in the Municipality.
2
- 2 -
3. Subsection 2.4.1. of Section 2.4. and subsection 2.7.1. of Section 2.7.
of Part 2 of the Building Code are amended by inserting immediately
after the words "authority having jurisdiction" in lines one thereof
the following words "and any other employees of the Municipality (Town).
who administer or enforce the building regulations under the direction
of the building inspector."
4. The appropriate values for Table 2.2.4.A. of the Building Code for the
Town of New Waterford, Nova Scotia are as follows:
CANADIAN HEATING, VENTILATING AND
AIR CONDITIONING CODE 1977
1. January 22 percent Design Temperature (OF) 5 2.3.2.
2. January 1 percent Design Temperature (OF) ..... 0 .2.3.2.
3. July 22 percent Design Drybulb Temp. (0F) ..... 82 2.3.2.
4. July 22 percent Design Wetbulb Temp. (OF) ..... 70 2.3.2.
5. Annual Total Degree-days below 650 F ... ....... 8049
CANADIAN PLUMBING CODE 1977
6. Maximum Fifteen-minute Rainfall (inches) ... ... 0.5 4.10.4.
NATIONAL BUILDING CODE OF CANADA 1977
7. Maximum One-day Rainfall (inches) . ............ 3.5 4.1.7.5. (1)
8. Annual Total Precipitation (inches) 51.0
9. Maximum Snow Loan on the Ground (P.S.F.) ...... 49 4.1.7.1.
10. Wind Effects: Probability 1/10 ............... 9.7 4.1.8.1. (3)
Probability 1/30 .......... ..... 11.5 4.1.8.1. (3)
Probability 1/100 .... .. ... ... .. 13.6 4.1.8.1. (3)
11. Seismic Zone ............. .. ...... .... .... ..... 2 4.1.9.1. (4)
12. Acceleration- Ratio (A) ........ .. .. ........ .... 0.04 4.1.9.1. (4)
5. The Council delegates the responsibilities for the enforcement of this By-
Law to the building inspector of the Cape Breton Metro Planning Commission
in accordance with an agreement dated the 5 a day of 19
which delegates to the Commission such responsibilities.
6. (1) A person who violates a provision of this By-Law or a provision of
any code adopted in this By-Law is guilty of an offence and for each
such offence is liable to a penalty of not less than one hundred dollars
nor more than one thousand dollars and in default of payment to
imprisonment-for a period of not less than fifteen days nor more than
three months.
. 3
- 3 -
(2) Every day during which any such contravention or failure to comply
continues shall be deemed a fresh offence.
7. The fee for a building permit required under this By-Law shall be in
accordance with the following section:
ESTIMATED COST OF CONSTRUCTION PERMIT FEE
Under $300 and no structural construction
or alterations .... ...... .. ...... ........ ... NIL
All other construction .... .. .... ........... $2.00 plus $1.00 per
Thousand Dollars of
estimated construction.
8. All other building By-Laws heretofore passed by the Town of New Waterford
are hereby repealed. ,,��
9. This By-Law shall come into effect on the d g1Lday of �� '
A.D. 1978, or on the .date approved by the Minister of Municipal A . airs,
whichever is the later date.
0
PARTMENT OF MUNICi AL AFFAI"11
TOWN CLER
X_..
men-`ed for
yof the ...:,i rAs ........ .............dayof ............--... ..19......
.......................... ....
N.inisty o! M.:uadpal Atfai
* o
� y
m
�t
* w C) w
* c z
* w3 m w
m :E::
m
�F
14 T -+
�F 00, o to
�(
NCD 00
7F
�F
�F
�F
X-
�F
I
i
RESOLVED by the Town Council of the Town of
New Waterford that the following By-Law be, and
the same is hereby enacted, and the Town Clerk is
hereby instructed to forward same to the Minister
of Municipal Affairs with a request for approval
thereof:
BY-LAW TO ESTABLISH THE BOARD OF
POLICE COMMISSIONERS OF THE TOWN OF NEW WATERFORD
1. (a) The Town Council shall at its first
regular meeting in the year 1977 following approval
of this by-law, and at its first regular meeting
in each year following, appoint five of its
members, one of whom shall be the Mavor, and one
for each.of the.four•wzards. .in.the_ Town: who
together with a person to be appointed by the
Attorney General of Nova Scotia, shall be and form
the Board of Police Commissioners of the Town of
New Waterford (hereinafter called "The Board")
having all of the powers and duties of such a
Board established pursuant to the provisions of
Chapter 9, Nova Scotia Statutes of 1974, The Police
Act and the Regulations made under the Police` ct,
as amended, and as set forth thereunder.
(b) Where a vacancy occurs on the Board by
reasons of the death of a member appointed by the
Council, or where such a member is unable to carry
on his duties as a member of the Board by reason..
of illness or absence, the Council shall at its
first regular meeting following such event appoint
.another of its members to be a member of the Board.
.in place or stead of the deceased, ill or absent
member.
2,'; .: The-Town Council may be resolution provide for
the payment of a reasonable remuneration to members
of the Board whether or.hot appointed by Council.
BY-LAW No. 1978-3
TOWN OF NEW WATERFORD
AMENDING
BY-LAW TO ESTABLISH THE BOARD OF POLICE COMMISSIONERS
OF
THE TOWN OF NEW WATERFORD
BE IT ENACTED AND ORDAINED by the Town Council of the Town of
New Waterford as follows:
1. Section 4 (a) of the By-Law to Establish the Board of Police
Commissioners of the Town of New Waterford passed and
adopted by the Town Council of the Town of New Waterford
on the 4th day of April, A.D. 1977 is hereby repealed and
the following substituted therefore:
4 (a) Regular public meetings of the Board shall be
held at the Council Chambers on the last Monday
of each of the months of January, April, June and
November of each year, commencing at 7:00 o'clock in
the afternoon, or at such other time or place as
the Board shall determine, provided that there shall
be at least one such public meeting every three months
and the date, time and place of the public meetings
shall be advertised.
PASSED AND ADOPTED by the Town Council of the Town of New Waterford
as a Town By-Law this -Vsx day of_--4-_un--"1%-, A.D. 1973
Approved by:
Harry A. Porter, ChairmanMA�— —
Nova Scotia Police Commission
DEPARTMENT& MOMbIPAL AFFAIRS
Recommended for TQ WN CLERK
approval of the .t.1nis,er
APPr't0Va / �; / 1.'V'
i s .1:: C
of.................
.......................... ..?'
.........
PROVINCE OF NOVA SCOTIA
COUNTY OF CAPE BRETON
OFFICE OF THE TOWN CLERK
CERTIFICATE
I, the undersigned Town Clerk, hereby certify
that the foregoing and attached By-Law Ameding By-Law to Establish
the Board of Police Commissioners of The Town of New Waterford was
duly and regularly passed and adopted by and received the affirmative
vote of a majority of the whole of the Town Council of the Town of
New Waterford at a meeting hereof held on the 91-1day of— —6e,
A.D., 1977
DATED at New Waterford, Nova Scotia., this.9.?-4day
ofA.D. , 197$" .
c
FRANC -Mac KIN ON
Town Clerk
rn
� r m
� a
* m o 0
x � m
�
C:)A z
x� z CD
3 ca
cn .r-� 3 z -
z C x z
x m o 0
E rn -i E
m x z a
x (n m c) m
* -ai v' W
% O p O
O 0 Cl
K ;a
O O
�F -n
�F C
* r
� m
Town of New Waterford
BY-LAW re BURNING OF GARBAGE & REFUSE
On .Merch 31, 1976, an Amendment to the "Garbage & Refuse
By-Law" of the Town of New Waterford was approved by the
Minister of Municipal Affairs,---thus making it'_ law. for the
citizens -of New Waterford.'
In summary the By-Law states:
No person shall, inside or outside any building within
the Town, burn or attempt to burn either excretion of'. humans
or animals or any item partly composed thereof.
No person shall burn or attempt to burn within a
building within the Town, any item of garbage in such manner
as to constitute a nuisance to any neighboring or near-neighbor-
ing premises.
No person shall burn, or attempt to burn outside a
building within the Town, any garbage without first both,
(1) obtaining a permit from the Fire Chief of the Town
(2.) ensuring that such burning will not result in a
nuisance to any neighboring or near-neighboring:.premises.. . .
"Garbage° is defined as any burnable, or mostly burnable
item or matter, whether .animal, vegetable or mineral. or of
mixed composition, that has been rejected, thrown out, discarded
or abandoned by, from or on any premises, and without .restrict-
ing the generality of the word, shall include rejected, thrown
out, discarded or abandoned furniture or furnishings, beds.,
mattresses end bedding, wearing apparel, floor sweepings, papers,
paper cartons, paper. or cardboard boxes, barrels and boxes,
garden waste, dead branches, leaves, bushes, weeds, ;plants, cut
grass, and Christmas trees.
Every person who contravenes or fails to, comply with
any of the provisions of the By-Law shall upon conviction be
liable to 'a penalty not exceeding $50.00 or imprisonment: for
thirty (30) days.
A full copy of the By-Law and its Amendment may be
inspected at the Town Clerk's Office during regular working
hours.
BY-LAW TO CLOSE A PORTION OF A
RESERVED STREET KNOWN AS CONNORS STREET
RESOLVED by the Town Council of the Town of New
Waterford, pursuant to Section 169, of Chapter 309, of the revised
Statutes of Nova Scotia, 1967, the Towns Act, that the following
by-law be and the same is hereby enacted and that the Clerk be and
is hereby instructed to forward same to the Minister of Municipal
Affairs and the Minister of Highways with a request for their
approval hereof.
1. That Council do close to public use: that portion of
a reserved street known as Connors Street, running
from the north east side of Connors Avenue to the
prolongation of the north eastern boundary of lands
at one time owned by Paul Holdenick (see 476/125) .
2. That the portion thereof hereby closed to public use
pursuant to .Section 1 of this by-law is more
particularly described in the Schedule "A" hereto
attached.
3. That the street as described in Schedule "A" of the
by-law be closed and that all right of public use
heretofore as a street in the lands in Schedule "A"
more particularly described are forever extinguished
and the said Town may sell and convey the Street or
any portion thereof.
DATED at New Waterford, Nova Scotia, this 17th day of February.,
A.D. , 1987.
. . ./2
- 2 -
THIS IS To CERTIFY that the foregoing is a true copy
of a by-law duly passed at a duly called meeting of the Council of
the Town of New Waterford duly held on the 17th day of February
A.D. , 1987.
GIVEN under the hand of the Clerk and under the Seal
of the Town of New Waterford, the 18th day of February, A.D. , 1987.
OF MUNICIPAL AFFAIRS TOWN` •r LER J Y RYAN
.:r, ommended for
i.-. a o er
i
.....Lc.a..r..r�........... ..... Approved this
r .............day of......
i�?N 'OVED this............. ..... .c'ay
�, R1\ 19.... 7...........
of..........!�:�s—i..................... .....
mmisrer of MwaGoe nnxi!s. jnj Transportation
II
SCHEDULE "A"
ALL that certain lot, piece or parcel of land,
situate, lying and being at New Waterford, in the County of Cape
Breton, Province of Nova Scotia, more particularly bounded and
described as follows:
BEGINNING: at the point of intersection formed by the north-
eastern side of Connors Avenue with the south-
eastern side of a street reserve, 60 feet wide,
known as Connors Street which runs northeasterly
from Connors Avenue to Morrison Street;
THENCE: in a northeasterly direction, a distance of 90 feet
more or less, to the northern most corner of lands
conveyed to Paul Holdenick by the Dominion Coal
Company (see- Book 476, at page 125, Registry of
Deeds, Sydney, N.S. ) ;
THENCE: in a northwesterly direction, a distance of 60 feet
to lands conveyed by the Dominion Coal Company to
Antonio Mancini (see Book 495, at page 8, Registry
of Deeds, Sydney, N.S. ) ;
THENCE: in a southwesterly direction, 90 feet more or less,
to the northwest side of Connors Avenue;
THENCE: southeasterly, along Connors Avenue, a distance
of 60 feet more or less to the PLACE OF BEGINNING.
BEING: and intending to be a portion of a street reserve
known as Connors Street.
TOWN OF NEW .WATERFORD
BY-LAW NO. 4 APPROVAL
COUNCIL PROCEDURE Council
Minister
1. Read or Reading - as the these terms apply to this
by-law shall mean that only the title of the by-law shall be
read so long as notice is given to council in accordance with
Section 232 of the Towns Act.
2. No by-law, unless reported up from a committee,
shall be submitted to the Council without notice having been
first given at a previous meeting of the Council, by the
member intending to submit the same.
3. Every by-law repeal, alteration or amendment
thereof shall be read three times in Council before it is
referred to the Minister of Municipal Affairs for approval.
4. If the Council so desires, a by-law or any repeal,
alteration or amendment thereof, may receive its first two
readings on the same day, but the third reading shall take
place on some day subsequent to that on which it receives its
second reading.
5. The Clerk shall keep a book in which shall be
entered a true copy of every by-law, repeal, alteration and
amendment with the dates at which the same were respectively
passed by the Council and approved by the Minister of
Municipal Affairs.
6. This procedure shall also apply to the passing of
new by-laws.
I, Jerry .Ryan, Clerk of _the Town of New Waterford,
do hereby certify that the foregoing is a true
copy of a .By-law duly passed at a duly called
meeting of the Town Council of the Town of
New Waterford duly convened and
held on the to
day of :� �/ A.D. , 19
DATED at New Waterford, Nova Scotia this /S_
day of lyal-•I, A.D. , 19
R Y AN - TOWN CLERK
Recommen ed for a roval with amendments.
F. Robertson
Approved pursuant to Section .24 of the Municipal Affairs
Act with the following amendments:
1. Section 5 is not approved.
2. Section 6 is amended by inserting at the beginning
thereof the following words "in addition to any
requirements under the Towns Act".
Dated at H lifax this 6fk of ��`5ti 1985.
oma s" J.
Mi Mun cipal ffairs
TOWN OF NEW WATERFORD
A BY-LAW TO PROVIDE FOR A PROMPT
AND COORDINATED RESPONSE
TO A STATE OF LOCAL EMERGENCY
A MUNICIPAL EMERGENCY MEASURES BY-LAW
The Council of the Town of New Waterford, under the authority
vested in it by the Towns Act, R.S.N.S. 1989, c.472 and the
Emergency Measures Act, S.N.S. 1990, c.8, s.10, enacts as follows:
SHORT TITLE
1 This by-law may be cited as the "Emergency Measures By-
Law".
INTERPRETATION
2 In this by-law,
(a) "Act" means the Emergency Measures Act, R.S.N.S.
1990, c.8;
(b) "Council" means the Council of the Town of New
Waterford;
(c) "councillor" means a member of the Council;
(d) "Director" means the Director of the Emergency
Measures Organization;
(e) "emergency" means a present or imminent event-.,in
respect of which the municipality believes prompt` co-
ordination of action or regulation of persons or property must
be undertaken to protect property or the health, safety or
welfare of people. in Nova Scotia;
(f) "mayor" means the mayor of the town of New Waterford
or councillor acting in the stead of the mayor;
-2-
(g) "Minister" means the member of the Executive Council
to whom is assigned the administration of the Act and
regulations;
(h) "Municipal Emergency Measures Plans" means plans,
programs or procedures prepared by the municipality that are
intended to mitigate the effects of an emergency or disaster
and to provide for the safety, health or welfare of the civil
population and the protection of property in the event of such
and occurrence;
(i) "Municipal Emergency Measures Advisory Committee"
means the advisory committee established pursuant to this by-
law;
(j) "Municipal Emergency Measures Co-ordinator" means
the person appointed by Council pursuant to this by-law;
(k) "Municipal Emergency Measures Organization" means
the organization established pursuant to this by-law;
(1) "Municipal Emergency Measures Planning Committee"
means the committee established pursuant to this by-law;
(m) "municipality" or "municipal" in this by-law
specifically means the Town of New Waterford;
(n) "State of Emergency Regulations" means regulations
approved by the Governor in Council by Order in Council 92-61,
Regulation 17/92, as amended from time to time;
(o) "state of local emergency" means a state of local
emergency declared by a municipality of a county or district
pursuant to the Act or renewed by the municipality pursuant to
the Act and regulations made pursuant thereto and this by-law;
MUNICIPAL EMERGENCY MEASURES ORGANIZATION
3 (1) The Council hereby establishes a Municipal Emergency
Measures Organization.
-3-
(2) The Municipal Emergency Measures Organization shall
consist of the following persons and committees:
(a) a Municipal Emergency Measures Advisory
Committee;
(b) a Municipal Emergency Measures Co-ordinator;
and
(c) a Municipal Emergency Measures Planning
Committee.
MUNICIPAL EMERGENCY MEASURES ADVISORY COMMITTEE
4 (1) The Municipal Emergency Measures Advisory Committee
shall be appointed by Council from its members for such term as the
Council deems necessary.
(2) The Municipal Emergency Measures Advisory Committee
shall at all times consist of no fewer than two councillors.
(3) The Municipal Emergency Measures Advisory Committee
shall
(a) advise Council on the development of municipal
emergency measures plans;
(b) present municipal emergency measures plans to
Council;
(c) brief Council on developments during a local
state of emergency; and
(d) perform such other duties as may be required by.
the Council.
MUNICIPAL EMERGENCY MEASURES CO-ORDINATOR
5 (1) The Municipal Emergency Measures Co-ordinator shall
be appointed for such. term as the Council deems necessary.
(2) The Municipal Emergency Measures Co-ordinator may be
paid reasonable expenses for work incurred under this by-law.
l�1
-4-
(3) The Municipal Emergency Measures Co-ordinator shall
(a) chair the Municipal Emergency Measures Planning
Committee;
(b) co-ordinate and prepare municipal emergency
measures plans;
(c) following a declaration of state of local
emergency, prescribe, as necessary, duties to be
fulfilled by employees, servants and agents of the
municipality; and
(d) perform such other duties as may be required by
the Council.
MUNICIPAL EMERGENCY MEASURES PLANNING COMMITTEE
6 (1) The Municipal Emergency Measures Planning Committee
shall be appointed by Council for such term as the Council may
prescribe.
(2) The Municipal Emergency Measures Planning Committee
shall consist of the chief or head of every municipal department or
agency which is assigned emergency related functions under
municipal emergency measures plans and, vyhere no department or
agency exists, a qualified person to represent that group.
(3) The Municipal Emergency Measures Planning Committee
shall include, but not be limited to, persons responsible during an
emergency to provide
(a) income assistance;
(b) law enforcement;
(c) fire-control services;
(d) engineering services;
(e) health services;
(f) community services;
(g) transportation;
l�C 1
-5-
(h) communications;
(i) public information;
(j) utilities;
(k) financial services; and
(1) legal services.
shall (4) The Municipal Emergency Measures Planning Committee
(a) assist the Municipal Emergency Measures Co-
ordinator in the preparation and co-ordination of
municipal emergency measures plans;
(b) advise the Municipal Emergency Measures
Advisory Committee on the development of municipal
-
emergency measures plans;
(c) upon request, assist the Municipal Emergency
Measures Advisory Committee in the presentation of
municipal emergency measures plans to Council; and
(d) perform such other duties as may be required by
the Municipal Emergency Measures Advisory Committee or
the Council.
AGREEMENTS
7 (1) Subject to preliminary approval of Council, the
Municipal Emergency Measures Planning Committee may, as part of
municipal emergency measures plans, negotiate an agreement to be
approved by the Council or person designated by the Council with
the Government of Canada, the Province of Nova Scotia, a '
municipality, city or town, or any other agency or any person.
(2) Any agreement negotiated under subsection (1) is not
binding until it is approved by Council.
-6-
DUTY OF COUNCIL
8 (1) The Council shall review and evaluate municipal
emergency plans presented to it by the Municipal Emergency Measures
Advisory. Committee.
(2) The Council may specify additional duties to be
fulfilled by the Municipal Emergency Measures Advisory Committee,
the Municipal Emergency Measures Co-ordinator and the Municipal
Emergency Measures Planning Committee.
(3) The Council may appropriate and expend monies
(a) • to pay reasonable expenses of members of the
Municipal Emergency Measures Advisory Committee, the
Municipal Emergency Measures Co-ordinator and the
Municipal Emergency Measures Planning Committee; and
(b) to fulfil the terms and conditions of an
agreement approved by the Council pursuant to Section 7.
DECLARATION OF STATE OF LOCAL EMERGENCY
9 (1) The Council shall declare a state of local emergency
by completing Form 4 attached to the State of Emergency
Regulations.
(2) The mayor or warden, as the case may be, acting
under Section 12(3) of the Act shall complete Form 5 attached to
the State of Emergency Regulations.
(3) With the approval of the Minister, the Council may
renew a state of local emergency by completing Form 6 attached to
the State of Emergency Regulations.
(4) The Council may terminate a state of local emergency
by completing Form 7 attached to the State of Emergency
Regulations.
(5) A copy of a declaration signed under this Section
shall immediately be delivered or faxed to the Minister and the
Director.
-7-
NOTICE PROVISION
10 Following the signature of declaration under Section 9,
the Council shall immediately cause the details of the declaration
or termination to be communicated or published by such means as the
Council considers the most likely to make the contents of the
declaration or termination known to the people of the area
affected.
DUTIES DURING A STATE OF LOCAL EMERGENCY
11 Following the issuance of a declaration under Section 9
and for the duration of the state of local emergency
(a_) every councillor shall keep the Council posted
respecting their whereabouts; and
(b) every employee, servant and agent of the
municipality who has a key role to play in such emergencies as
identified in the municipal emergency measures plans shall
(i) advise the Municipal Emergency Measures Co-
ordinator of their whereabouts; and
(ii) fulfil such duties as may be prescribed by the
Municipal Emergency Measures Co-ordinator.
Passed and adopted by Town Council of the Town of New Waterford on
the �•✓ day ofA.D. , 1993.
a
Mayo
ly
o Clerk
e o
FIREMEN'S BY-LAWS
TOWN OF NEW WATERFORD
WHEREAS at a regular meeting of the Council of the
Town of New Waterford held on the 18th day of April, A.D. , 1916,
the said Town Council did by resolution organize and establish
a fire fighting corps in said Town, to be known as the "New
Waterford Volunteer Fire Department", for the purpose of
extinguishing fires and preserving and protecting property
thereat.
AND WHEREAS the Town's Act, R.S.N.S. , 1989, C.
authorizes fire departments already established to elect their
own officers and members and to make rules, regulations and
bylaws for the management of such departments,
BE IT THEREFORE enacted by the New Waterford Volunteer
Fire Department that the following shall be the bylaws, rules
and regulations for the management of the said fire department
and for the election of members and officers.
RULE I DEPARTMENT
The said Volunteer Fire Department shall consist of
a Chief, Deputy Chief, Assistant Deputy Chief, Fire-Driver
Caretakers, Hydrant attendant, Station Attendant, one Hose company
consisting of one Captain, one Lieutenant; also one ladder
company consisting of one Captain, one Lieutenant, all of whom
including officers and members shall be appointed and elected
in the manner hereinafter provided.
2 -
RULE II OFFICERS
The officers of the Department shall rank in the
following order:
Chief of• the Department
Deputy Chief
Assistant Deputy Chief
Captains
Lieutenants
This shall constitute the executive of the Fire
Department.
RULE III APPOINTMENTS OF OFFICERS
Section 1
The Chief & Deputy Chief shall be elected by the members
of the New Waterford Volunteer Fire Department and recommended
to the Mayor and Town Council for approval and may be dismissed
at any time, during their term of office, by resolution of the
Council for just cause. The Fire Driver Caretakers shall be
appointed by the Council of the Town of New Waterford. All
other officers of the Department shall be elected by the members
of the Department at the regular annual meeting in December,
or so soon thereafter as practical; their term of office shall
begin on the evening of their election.
Section 2
The election of officers shall be by ballot when two
or more are nominated for the same office. The Chairman shall
appoint tellers to record the count, when the result shall be
made known to the members present at such meeting.
- 3 -
RULE IV POWERS AND DUTIES OF CHIEF
Section 1
The chief shall have power to suspend or dismiss any
officer or member of the Department for any of the following
offenses:
Intoxication, neglect of duty, insubordination, absence
from fire, drill, or meetings, destroying uniform, clothing,
or other department equipment or for any conduct calculated
to impair the efficiency of the Department or any conduct likely
to bring discredit upon the reputation of the fire department.
Section 2
Every officer or member of the Department suspended
or dismissed by the Chief shall be forthwith reported to the
Executive Committee together with the cause of his suspension
or dismissal and said Committee may in its discretion apply
to the Town Council to have such officer or member reinstated;
and the Council may in its discretion and on the application
of said Committee reinstate any such officer or member.
Any member so dismissed may appeal his dismissal to
the Executive Committee and if the Executive Committee does
not re-instate the member the member may alone or with
representation appeal his dismissal to the New Waterford Town
Council.
Section 3
The Chief, and in his absence the Deputy Chief, and
in his absence, the Assistant Deputy Chief, shall have entire
command over the fire equipment and appurtenances at all alarms
and fires and at all drills and demonstrations and shall see
that every officer and member under him does his duty and that
the apparatus are placed in proper positions as quickly as
possible.
4 -
He shall see that the hose and ladders are properly
manned and direct all operations at fires. He shall see that
the companies are kept in good practice and that the hoses and
all apparatus are kept in good condition and order.
He shall preside at all meetings of the Department
and see that decorum and discipline is maintained and harmony
preserved among the members. He shall report any deficiency
in the fire apparatus or appointments to the Council and shall
keep or cause to be kept a record of all fires and alarms of
fires .and refer to the same in his annual report to the Town
Council. He shall examine all accounts against the Fire
Department certifying their correctness previous to payment.
RULE V DEPUTY CHIEF
The Deputy Chief shall assist the Chief in the discharge
of his duties and in his absence or at the request of the Chief
shall have all the powers and discharge all the duties
appertaining to the office of Chief of the Fire Department.
ASSISTANT DEPUTY CHIEF
The Assistant Deputy Chief shall assist the Chief
and Deputy Chief in the discharge of their duties and in their
absence or at the request of the Chief or Deputy Chief shall
have all the powers and discharge all the duties appertaining
to the office of Chief or Deputy Chief of the fire Department
and he shall be responsible for training and fire prevention.
RULE VI DUTIES OF CAPTAINS
The Captain of each Company shall have immediate command
and be directly responsible for its discipline and condition;
see that all have proper equipment and report to the Chief every
5 -
case of misconduct, insubordination, neglect or unfitness for
duty. He shall see that each member has a copy of the bylaws
and duly observes the rules and regulations contained therein.
He shall report to the Chief or Deputy Chief or Assistant Deputy
Chief any member who violates the rules and regulations of the
Department and his failure to do so will be considered a breach
of orders.
He shall see that no town property in his charge is
loaned to any person without an order from the Chairman of the
Fire Wards Committee.
At fires he shall take his place with the other members
and lead and direct their actions.
Is first officer. to take command of fire until replaced
. by senior officer and he shall use the assistance of his
lieutenant when necessary.
RULE VII DUTIES OF LIEUTENANTS
It shall be the duty of the Lieutenant of each company
to strictly conform to the following rules: In the absence
of the Captain to assume all his functions and responsibilities.
RULE VIII FIRE DRIVER CARETAKER
The duties of the Fire Driver Caretaker shall be as
follows:
He shall have the care and management of each machine
and everything connected therewith and shall see that it is
always in good condition and ready to respond immediately to
all alarms in the Town. He shall always have his machine fully
equipped and shall be held responsible for the condition of
same both in the house and at fires. He shall see that it is
washed down when necessary and that all parts are polished and
kept free from dust or other foreign matter and shall promptly
6 -
report to the Chief any repairs or anything required for the
maintenance and proper condition of the machine and all apparatus
connected therewith.
In responding to alarms of fire he shall not run his
machine faster than is consistent with the safety of the public
and at no time shall he exceed posted speed limits. He shall
be held responsible for reporting any damage caused by him in
conveying his machine and apparatus to or from a fire. On
arriving at the scene of a fire, and in the absence of a superior
officer, he shall, if necessary, connect to the most convenient
hydrant, well or reservoir and shall do his best to extinguish
the fire until relieved by regular firefighters. At fires,
drills and demonstrations he shall take his orders from the
Chief, Deputy Chief or other officer in command of the Fire
Department, but in operating his machine and conveying it and
the apparatus to or from a fire he shall have full control,
and shall see that none but members of the Department ride on
the machine. He shall not allow any person unless authorized
by the Chief to run or operate his machine either at fires or
on the street. He must not engage in unnecessary conversation
while his engine is working. He shall keep a record of all
fires to which he may respond giving time and date, the number
of miles travelled and the amount of oil and gasoline used.
He shall assist in the laying of lines and hose and in
extinguishing fires to the best of his ability and in drying,
working and placing hose on apparatus when necessary.
When a Fire Driver Caretaker is off duty, they shall
conform to all rules and regulations of the New Waterford
Volunteer Fire Department, if so a member.
RULE IX MEMBERSHIP
All applicants for membership in the New Waterford
Volunteer Fire Department must be residents of the Town and
be 19 years of age or over. All applicants must be physically
7 -
and mentally fit to perform the duties of firefighters, and
be able to speak, read and write the English language. All
applicants shall provide proof of age and a certificate of health
from a medical doctor certifying that the applicant is physically
and mentally fit to perform the duties of a member of the New
Waterford Volunteer Fire Department.
Upon request by the Town Council or by the Executive
Committee, a member shall supply to the Town Council or the
Executive Committee, as the case may be, a medical certificate
from a medical doctor, certifying that the member is physically
and mentally fit to perform the duties of a member of the New
Waterford Volunteer Fire Department.
In the event of any vacancy being declared by the
Chief, applications may be received and referred to the
investigating committee who may report for or against the
applicant at the meeting or at any regular meeting or at a special
meeting called for the purpose.
All candidates for membership in the Department shall
be voted by secret ballot.
The names shall appear posted 24 hours previous to
regular meeting to allow absent members to vote. Ballots shall
be placed in a locked ballot box until the night of the meeting at
which time other ballots will be inserted into the box. Box will
be opened and total vote counted. In the event of a tie vote with
more than two applicants, another vote will be held with 'the
parties that are tied. When all avenues are exhausted to break
the tie, the names will be placed in a hat or container and
one picked. All applications for membership in the Department
must be made in the handwriting of the applicant, addressed
to the Chief and rendered and signed by at least two members
in good standing.
8 -
The Department may elect honorary members who shall
have room privileges only, and shall have no voice in any of
the meetings held .by the Department unless requested by the
Chairman.
Any member of the Department who attains the age of
65 years shall immediately cease to be a regular member of the
Department and shall retire from the Department on his 65th
birthday and may become an honorary member, if duly elected.
Also, a member of the Department may be elected an honorary
member if he becomes disabled through sickness, or injury and
is unable to perform his duties satisfactorily as a member of
the New Waterford Volunteer Fire Department. Honorary members
shall conform to all rules and regulations of the New Waterford
Volunteer Fired Department, unless otherwise stated.
RULE X DUTIES OF MEMBERS
Every member of the Department before entering upon
his duties shall sign an agreement to abide by and conform to
all rules and regulations established or which hereafter may
be established for the governing of the fire Department for
a period of six months. During this six month period only the
essential fire fighting equipment shall be supplied.
Whenever a member of the Department desires to resign
his position he shall forward a written communication to that
effect to the Chief, giving him five days notice. Provided
always that if any member be a non-resident of the Town - for
a longer period than three months he shall cease to be a volunteer
member of the Department.
Violation of any of the rules or regulations of the
Fire Department or any general or special rules passed by the
Town Council may be punished by reprimand and suspension or
9 -
dismissal, and it is the duty of all officers and members of
the Department to take notice of any violation and to prefer
charges against any member violating the rules and regulations
and forward them to the Chief who shall at once report to the
Chairman of the Firewards or in his discretion suspend or dismiss
any such officer or member.
Any member of the Department may be suspended or
dismissed for either of the following offenses: intoxication,
neglect of duty, disrespect towards a commanding or superior
officer; absence from fire drill, or meetings, or Fire Department .
Activities, for destroying any property belonging to the
Department, or for any conduct likely to bring disrespect upon
the reputation of the Fire Department.
Any member so dismissed may appeal his dismissal to
the Executive Committee and if the Executive Committee does
not re-instate the member the member may alone or with
representation appeal his dismissal to the New Waterford Town
Council.
No intoxicating liquor of any kind shall be allowed
in the apparatus rooms and any members guilty of bringing
intoxicating liquor to this area or of drinking in this area
or of coming to this area under the influence of liquor may
be forthwith ejected by any officer present and shall be
disciplined for this action.
Every member shall be under obligation to attend all
drills and practices of the Department and seek to make himself
proficient in the duties of a firefighter.
It shall be the duty of every member of the Department
at an alarm of fire to report immediately to the Fire Station;
to assist in getting the hose and other apparatus to the scene
of the fire and to obey implicitly all orders and directions
of the commanding officer and captains of the different companies;
to assist in returning the apparatus to the Fire Station and
to remain on duty until the role has been called. Every member
10 -
is directly responsible to the officer in charge of his company
and may always justify his actions by pleading and providing
the command or orders of a superior officer. Every member who
reports at the station on an alarm and finds the Department
and apparatus gone to the scene of the fire shall at once report
to the fire, report to his officer and perform all duties assigned
to him.
No person not a member of the Department shall be
allowed to visit the recreation area unless accompanies by a
member and any officer present in or about the station shall
have the right and be under duty to question the presence of
any intruder and order him out of the rooms. Provided always
that the Mayor and any Councillor shall at all times have access
to the fire station and firefighters rooms.
RULE XI COMMITTEE
There shall be an investigating committee consisting
of three members, plus alternate, of the Department who shall
hold office until the annual meeting next succeeding their
appointment, and whose duty it shall be to examine into the
character and fitness of all candidates proposed for membership
in the Department and report to Chief in time for posting.
An auditing committee of two shall be elected at the
annual meeting in December, whose duty it shall be to examine
the books of the Treasurer and report thereon.
There shall be a room committee of four members, -who
shall have care of the firemen's rooms and the furniture and
fixtures, thereto belonging and who shall see that the same
are kept clean and tidy and in good repair and condition.
All other Committee work not herein specifically
provided for shall be performed by the executive committee
provided that special committees may be appointed at any time
for any particular purpose.
RULE XII MEETINGS
The officers and members shall meet for business in
the firemen's rooms at the fire station on the first Thursday
of each and every month at 7:30 o'clock in the evening except
the period of time in the summer months agreed on by the
membership.
ORDER OF BUSINESS
Roll Call
Reading of Minutes
Treasurers Report
Report of Investigating Committee
Reports from Committees
Deferred Business
New Business
Statement of Receipts During Meeting
Adjournment
The Chief shall preside at all meetings of the
Department and be its Chief Executive Officer and shall regularly
enforce order and decorum, judge impartially of every transaction
coming before him as senior officer and give the casting vote
only.
He shall order all business to be considered and
disposed of; and report to the meeting any motion that is
presented and seconded for the meeting's consideration, 'and
nay such may then and not otherwise, become a subject for
discussion and majority shall decide it.
He shall decide all questions of order but in case
of appeal from his decision the meeting shall decide without
debate.
12 -
Should he wish to take part in any debate he shall
appoint a chairman and leave the Chair. In the absence of the
Chief or Deputy Chief the members present at any regular or
special meeting may appoint any officer, and if there is no
officer present, any member may be appointed Chairman, and he
shall preside during the meeting or until the arrival of the
Chief or Deputy Chief.
The Chief and officers of the Department shall
constitute an executive and may at any time call a special
meeting. Special meetings may also be called at any time by
seven members of the department by serving notice in writing
on the executive at any time previous to such meetings.
Ten members shall constitute a quorum and the order
of business at all meetings shall be in accordance with
parliamentary procedure.
The annual meeting of the Department shall be held
on the first-Thursday of December in each year.
RULE XIII SECRETARY
The officers and members of the Department shall at
the annual meeting elect from among their number a secretary
who shall keep a correct record of the proceedings at each meeting
in a book provided by the Department for this purpose; call
the roll, read the minutes of the preceding meeting and all
papers ordered to be read and report all communications received.
He shall at the expiration of his term of office deliver over
to his successor, or such person or persons appointed to receive
the same all books, papers and other property then in his
possession belonging to the Department.
TREASURER
The officers and members of the Department at the
annual meeting shall elect from their number a treasurer. He
shall take charge of all moneys of the Department and have the
13 -
disbursement of the same, he shall report monthly the total
amount in the treasury and expenditures for the period item
by item.
He shall in a book provided for that purpose, keep
a correct account of all moneys by him received or disbursed
and file the vouchers for the same, and at the expiration of
his term of office or when requested. to do so by the Department
shall deliver all moneys, books, vouchers and other property
in his possession to his successor or such vouchers and other
property in his possession to his successor or such person or
persons as shall be appointed to receive the same.
All accounts must have the signature of the Chairman
and the Treasurer of the meeting at which the bills are passed
before being paid.
He shall deposit all moneys of the Department in a
chartered bank, trust company or credit union in the Town of
New Waterford and shall pay all authorized bills by cheque,
all cheques must be countersigned by the Chief.
RULE XIV GENERAL
In these bylaws, where the context or circumstances
require, words in the singular include the plural and vice versa,
and words importing the masculine gender include the feminine
gender.
No repeal, alteration or amendment of these bylaws
shall be made unless approved in writing by the Town Council
of the Town of New Waterford.
No member shall contract any bills in the name of
the Department unless by a written order of the Chief or Deputy
Chief. Any member using profane or obscene language in the
rooms or on duty may be suspended by the Chief and dismissed
from the Department by the Town Council. If any time or from
any cause the number of firefighters in the Department falls
14 -
below the number required to carry out efficiently the objects
for which the Department was organized, and the remaining members
fails for an unreasonable time to make appointments the Town
Council may appoint a sufficient number of fit and proper persons
to bring the Department up to its normal standard, what is an
unreasonable time shall be a question of fact for the Council.
TOWN OF NEW WATEFFORD
BY-LAW No.30 APPROVAL
GARBAGE AND, REFUSE BY-LAW Council
1. INTERPRETATION- Minister
1) This By-Law shall be known as the Garbage and Refuse By-Law
for the Town of New Waterford, N.S.
2) The provisions of this By-Law shall apply to the storage.,
removal and disposal of garbage and refuse within the Town of
New Waterford.
2. DEFINITIONS- '
1) Collector, means a person authorized by the Town for the
purpose of removing and disposing of garbage and refuse.
2). Council, means the Town Council of the Town of New Waterford.
3) Garbage, means any combustible or mostly combustible item
or matter whether of animal, vegetable, mineral or mixed composition
that has been rejected, discarded, or abandoned from or on any
premises and shall include rejected, discarded, or abandoned
furniture, furnishings, beds, bedding, mattresses, wearing apparel,
floor sweepings, papers, paper boxes, containers, garden wastes,
grass cuttings, tree branches, leaves, weeds, bushes, plants and
Christmas trees, but does not include human or animal excrement
or matter of a fluid consistency.
4) Inspector, means a person appointed by the Town to administer
this By-Law.
5) Occupant, means any person, firm or corporation occupying or
controlling the property under consideration and shall include the
owner, the agent of the owner, tenant, lessee , householder, or
proprietor, as the case may be.
6) Premises, .means any building, dwelling, trailer, room or
rooms, hotel, motel, restaurant,• tavern, shop, store, office, yard,
Parking lot, land, institution and place of service to the public
within the Town.
7) Refuse, means any non-combustible or mostly non-combustible
material of whatever composition, that has been rejected, discarded
r ..
. . . 2
-2-
or abandoned -from or on any premises and shall..include ashes,
glass, tin cans, metals, metal objects, tools, utensils and hot
water boilers, but does not include human or animal excrement
or matter of fluid consistency.
8) Town,. means the Town of New Waterford.
3. ADMINISTRATION-
1) The Council may appoint a chief inspector and assistants
to administer this. By-Law.
4. GENERAL-
1) The occupant of every premises in the Town shall provide
sufficient and adequate receptacles or containers in which to
place garbage and refuse which may accumulate from time to time
at such premises.
2) a) The receptacles and containers provided for garbage
and refuse storage may made of metal or plastic
y
or some other substantial material of sufficient
strength to contain the contents and be of such
construction that they will not weaken when exposed
to rain or .other moisture and will prevent the
contents from leaking or spilling to the ground.
b) Receptacles and containers of solid construction
such as garbage pails or buckets shall be fitted
with proper covers which shall fit tightly over
such receptacles and.containers.
c) Plastic garbage bags will be considered proper
receptacles provided that .they are constructed with
sufficient tensile strength to contain their load
and further provided that they are securely tied
at the mouth of the bag to prevent spilling of the
contents.
d) Paper, paper bags, cardboard cartons or boxes shall
not under any circumstances be. considered to be
adequate receptacles, or containers for the storage
of garbage or refuse.
. ../3
-3-
3) Reusable receptacles or containers used for the storage
of garbage and refuse shall at all times be maintained in good
and sanitary condition by the owners thereof.
4) No occupant of any premises shall permit or allow any
garbage or refuse. to accumulate on such premises longer than
twenty-four hours before placing same for storage in a container
or receptacle which conforms to the requirements of Clause 4
(2) of this By-law.
rmit receptacles or containers in
5) No occupant shall pe
which garbage or refuse has been placed to remain on the premises
for a period longer than seven days without placing same for
collection by the collectors.
bish, left by any builder, contractor,
6) Waste material or rub
or owner or occupant of any premises within the Town following the
4i
construction, alteration, or repairing of any building shall be .
removed from the premises by such person at his or her expense
as promptly as possible and in any event, no later than ten days
following. the deposit of such material on the premises.
7) Except as provided in Clause 4 (6) of this By-Law, the
occupant of every p?e 'ses shall remove or cause to be removed,
all garbage and refuse stored on those premises within seven days
of the time said garbage and refuse was placed for storage.
a 8) a) Every occupant shall provide adequate space on
his premises in which to store garbage and refuse
while awaiting collection.
5 . b) Except for the day and the hours designated by the
Council for collection in a collection district, no
garbage or refuse may be stored in a street.
5. COLLECTION-
1) For the purposes of collecting garbage and refuse within
the Town, Council
collection districts and
a) shall divide the Town into
-4-
shall designate the day and hours during which
collection shall take place in each district.
b) may from time to time amend the boundaries of any
district and the day and hoursof collection, .but
shall first give such public notice of any such
amendment.
c) may from time totime set out the hours during which
garbage and refuse may be placed in the street for
collection in any district.
2) Garbage and refuse shall be placed on the street for
collection only on the day and hours established by Council for
the collection district in which a premises is located.
3) Except as provided in Clause 5 (5) , garbage and refuse
set out in the street for collection shall be placed .in recept-
acles and containers meeting the specifications contained in
Clause 4 (2) of this By-Law.
4) Where articles of garbage or refuse are of such bulk,
construction or size, that it is not practical to place in
receptacles and the placing of such articles for collection can
be done without presenting a. health or safety hazard to the
public, the requirements of Clause 5(4) can be waived provided:
1) Wood products, tree and shrub branches and. parts
thereof, paper and cardboard products, mattresses
and other such items shall be tied to make a
secure package and to provide ease of handling.
11) Cardboard boxes and containers, pieces of furniture,
etc., shall be thoroughly flattened before being
tied in packages.
5) No individual receptacle or container of garbage or
refuse or individual parcel of garbage or refuse being set out
for collection shall exceed seventy-five (75) pounds in weight
nor measure more than four (4) feet in any one dimension.
. . ./5
-5-
6) All wet garbage intended for collection shall be
thoroughly strained and shall be securely wrapped and tied
before being placed in the receptacle or container for collect-
ion.
7) If the contents of any receptacle or container are
'found to be of a fluid consistency, the same shall not be
removed by the collectors, but will be required to be removed
at the. occiipant's expense. '
8) Ashes, soot and other fine material which would have
a tendency to be dispersed when exposed to wind currents shall
be placed in securely closed, disposable containers when placed
for collection.
9) Receptacles, containers and all pieces or parcels of
garbage or refuse shall be placed in the street fronting on the
premises for collection at a distance of not more than ten (10)
feet from the edge of the street driving surface provided that
such garbage and refuse shall not be placed on the driving
surface of the street, nor shall be permitted to obstruct any
sidewalk.
10) Except as authorized by Council, no person shall pick
over, remove, disturb or otherwise interfere with any garbage
or refuse placed for collection.
11) Reusable receptacles or containers emptied by collectors
shall be removed promptly by the occupant, but in any event, no
later than twenty-four (24) hours after being emptied.
6. DISPOSAL-
1) Council shall designate a site or sites where garbage
and refuse may be placed for disposal and may from time to time
designate days and hours during which items may be placed on
the site for disposal.
2) No person shall place or dump or cause to be placed or
dumped any item of garbage or refuse in any place nor on any day,
or time other than that designated for such purposes under
Clause 6 (1) of this By-Law.
. . ./6
-6-
3) Except as authorized by Council, no person shall at any
time trespass upon, pick over or remove any materials from a
designated disposal site.
7. BURNING-
1) No person shall burn or attempt to burn, outside a
building, within the Town, any item of garbage or refuse.
2) No person shall, inside or outside any building, within
the Town, shall burn or attempt to burn. either• human or animal
excreta or any item partly composed thereof.
8. PENALTY
Every person who contravenes or fails to comply with any
of the foregoing by-law provisions shall be liable to a penalty
of not. less than one hundred dollars and nor more than one
thousand dollars, and in default of payment' to imprisonment for
a period of not less than fifteen days nor more than three months.
i
I, Jerry .Ryan, Clerk of the Town of New Waterford,
do hereby certify that the foregoing is a true
copy of a By-law duly passed at a duly called
meeting of the Town Council of the Town of
New Waterford duly convened and held on the
day of 4e'� -�/ A.D. 19�
DATED at 1jew Waterford, Nova Scotia this 4
day of A.D.
Y — TOWN CLERK
DEPi:RTMENT OF M. _
UNICIPAL AFFAIRS
Recommended for
aPProval of the Minister
.........
- - - Departmental Sol:Utor •
APPROVED this....�� ~-
of..f}4��s� ...............day
�S
............
_ 1
.. - _ Mrnluh of Munk:,or...••••
aRy
ti
RESOLVED by the Town Council of the Town of
New Waterford that the following By-law be, and the same
is hereby, enacted, and the Town Clerk is hereby instructed
to forward same to the Minister of Municipal Affairs with
a request for approval thereof:
BY-LAW TO AMEND THE
"GARBAGE AND REFUSE BY-LAW"
A. The original "GARBAGE AND REFUSE BY-LAW", en-
acted by the Town Council of the Town of New Waterford
and dated 16 May, 1967, and. approved by the Minister of
Municipal Affairs is hereby amended by adding thereto
the following section:
XXV.
(a) no person shall, inside or outside any
building within the town, burn or attempt to
burn either excretion of humans or animals or
any item partly composed thereof.
(b) subject to sub-section (a) , above, of
this section XXV no person shall burn or
attempt to burn, within. a building within
the town, any item. of garbage set out in
paragraphs 1 and 2 of sub-section (b) "garbage
of section 1., the definition section of the
original "garbage and refuse by-law", in such
a manner as to constitute a nuisance to any
neighboring or near-neighboring premises.
(c) no person .shall.burn, .or attempt to burn,
outside a building, within the town, any item
of garbage as set out in sub-section (b) above
of this section XXV, without first both
(i) obtaining a permit from the Fire
Chief of the Town, and
(ii) ensuring that such burning will
not result in a nuisance to any neigh-
boring or near-neighboring premises.
. ./2
2 -
B. The said original "GARBAGE AND REFUSE BY-LAW"
is hereby further amended by deleting the word "Reguse"
from the heading of sub-section (c) of section 1. , the
definition section of said original by-law and substi-
tuting for said deleted word "re use" the word "refuse".
�E
t�
TO: THE HONORABLE THE
MINISTER OF MUNICIPAL
AFFAIRS,
PROVINCE OF NOVA SCOTIA
I, the undersigned, Clerk of the Town of New .Waterford,
do hereby certify that the within by-law was duly passed
by the Town Council of the Town .of New Waterford .on the
day of A.D. , 1976.
FRANCIS MACKINNON,
TOWN CLERK
APPROVED this
day of , A.D., 1976.
MINISTER OF MUNICIPAL AFFAIRS,
PROVINCE OF NOVA SCOTIA
Town of Now Waterford
Res. R'kA. Vii LAW
Residents aero asked to nota that .under the recent
-Amendment to the 1iar.ba�ge By Law burning ref refuse, boards,
furniture, or any mat#r191 of any kind caonsat take place with-
out a permit baying isswed by the Fire Chief.
S940 paveona, unable to obtain a bureicig permit, are
placing furniture, branches of travel old boards, and loose
refuse of all kinds out for Garbage Collection..
Thsaae matorisls V111 aq_tbe collected by too Town
Sani.tatiun Ilepartaaent. Private'truc.kors are in busInees aryl
can protide this aspvibe. Persons leaving materials out by the
road in the hope the UnI tation. Department will remove them are
werned_�thdy faun pr4so tjo .
RQ410mbVr tixe Sonitation Department will only remove
GARBAGE wsl.gha ng lose than 75 lbs, properly packaged in garbage
bags, or flattened and tied, or in proper recvapticlaa.. The
aerVictO provided at. Cleanl-up Time are not available throughout
the year.
Francis MacKinnon
TOWN CLCRK
CA. past
Set. June 26
2 gaol. x 4"
TOWN OF NEW WATERFORD
Sy-Law No. 14 APPROVAL
THE INSTALLMENT BILLING BY-LAW Council D�/•�o �y
MininGter(�?G�
BE IT ENACTED AND ORDAINED by the Town Council of
the Town of New Waterford as follows:
1. In each year, an amount of one half of the
rates and taxes levied against a .property in the previous
year shall be payable to the treasurer on a'date to be
determined by Council by resolution.
2. The rates and taxes levied against the property
for the burrent year, less the payment made under Section 1
of this By-Law, shall be payable on a date to be determined
by Council by resolution.
I,. Jerry Ryan, Clerk of the Town of New Waterford,
do hereby certify that the foregoing is a true
copy of a By-law duly passed at a duly called
meeting of the Town Council of the Town of
New Waterford duly convened and held on the(�
day of 9� A.D. , 19�f.
DATED at New Waterford, Nova Scotia this /5-ce-
day of//��, A.D. , 19?X
RY RYAN - TOWN CLERK
Recommended for approval with an amendment.
�iZ�Ctif
F. Robertson
Approved pursuant to Section 24 of the Municipal Affairs
Act with the following amendment.
Section l in line th'ree. and'four is amended by
deleting the following words "a date to be determined
by Council by resolution" and substituting therefore
the words "March 1 of each year".
Dated at Halifax th' `dayjday o, 1985.
\j -
oma
Minis unicipal Affairs
TOWN OF NEW WATERFORD
By-Law No. 1 APPROVAL
INTERPRETATION Council 941.6 Zf
Minister
1. In these By-Laws, unless the -context otherwis
required,, the following expressions shall be construed in the
manner in this section mentioned:-
"Chair" used in respect to Town Council, means the Mayor or Deputy
. Mayor of the Town of New Waterford.
"Company" includes Corporation.
"Council" means the Council of the Town of New Waterford, '
composed of the Mayor and the Councillors of the Town of
New Waterford.
"Councillor" or "Member", means a member of the Town Council of
the Town of New Waterford.
"Mayor", means the Mayor. of the Town of New Waterford.
"Owner" when used in relation to any property within the Town
of New Waterford includes an Agent having the care or control of
any such property of an absent owner.
"Police Court" means the Court of the Provincial Magistrate, for
the Town of New Waterford.
"Stipendiary Magistrate", means the Stipendiary Magistrate of
the Town of New Waterford and includes the Deputy Stipendiary
Magistrate of the Town of New Waterford.
"Street", .includes every street, highway, road, lane, footway
thoroughfare, alley, by-way, passage, court, square, sidewalk,
or .bridge and every part thereof, owned by the Town and lawfully
used by the public, in the Town of New Waterford.
".Tax", includes rate, license, fee, or other tax.
"Town", means the Town of New Waterford.
"Town Hall"., means the building in which the Town Clerk of the
Town of New Waterford has his. office, and in which the Town
Council of .the Town of New Waterford meets.
"Town. Solicitor", means the Town Solicitor of the Town .of
New Waterford.
"Town Engineer", means the Director of Development of the
Town of New Waterford.
RESOLVED by the. Town Council of
the Town of.New Waterford that the following
by-law be and the same is hereby enacted and
that .the Clerk or his appointee he and he is
hereby instructed to forward same to the
Minister of Municipal Affairs with respect
for his approval hereof.
TOWN OF NEW WATERFORD
BY-LAW NO. 27 APPROVAL
MAINTENANCE AND CARE OF STREETS Council
Minister �S
1. The provisions of Sections 172,173, and 231 of the Town's
Act will apply to the Maintenance and Care of Town Streets.
2.. Every occupier of any premises shall keep the sidewalk.and
gutter in front of the same free from dirt and nuisance of
every description.
3. No person shall cart or transport in any way, on any street,
any coal, sand, stone, earth, dirt, manure, or rubbish, or
any loose fluid or semi-fluid in such manner that any
portion of the same may be spilled or scattered on the streets.
4. No person shall distribute any hand bills or other papers by
scattering the same on any street.
5. No person shall draw on any street, any timber or other heavy
articles in such a way that the same, or any part thereof,
drags on the street.
6. Every gate opening on any sidewalk or side path shall be so
constructed as not to swing outwards across such sidewalk
or side path.
7. No person shall use any barb wire for a fence along•any street.
8. No owner of any building or premises shall permit water to be
discharged otherwise than by a properly constructed drain or
conduit discharging into a public sewer where available.
9. No person shall slake, riddle, mix with sand, or otherwise
prepare lime on any street, except by permission in writing
from the Director of Development.
10. No person shall on any street, raise or hoist any goods into
.any door or window of any upper storey, or lower, or throw
down any goods from such door or window.
11. No person shall throw any shingles, boards, slates, sand, gravel,
tar, or other material whatsoever from any roof or scaffolding
upon any street but the same shall be lowered in chutes.., or by
tackle, in such manner as not.to affect the safety and conven-
ience of the public.
.:/2
n
2 -
12. No person shall construct across any drain, gutter or water-
course on any street, a bridge of any description without
having first obtained a permit in writing therefor from the
Public Works Committee, specifying the nature of the bridge
and other terms and conditions on which. the same may be.
constructed. A permit to construct any such bridge may be
refused in any case in which a curb or gutter have been
placed in front of the premises intended to be reached by
the bridge, and any bridge at any time constructed, may be
directed by the Director of Development to be removed when
a curb and gutter have been so. placed.
13. Every person who contravenes or fails to comply with any of
the foregoing provisions in respect to the maintenance and
care of streets shall be liable on conviction to a penalty
not exceeding $1,000.00 dollars and in default of payment,
to imprisonment for a period not exceeding ninety days.
14. (1) No person shall:-
(a) Injure or remove any portion of any catchpit, receiving
basin, covering flag, manhole, vent-shaft, grating or any
other part of any sewer or drain or;
(b) obstruct the flow of water in any sewer or drain, or
permit any substance to flow into any sewer or drain, which
forms a deposit therein, or has a tendency to obstruct the
same or discharge any stream into any sewer.
(2) Every person who contravenes or fails to comply
with this section, shall be liable on conviction to a penalty
not exceeding $1,000.00 dollars, and in default of payment,
to imprisonment for a period not exceeding ninety days.
15. 'The Director of Development may issue for a case of emergency,
an emergency permit, which shall permit excavation to be made
on such condition as the Director of Development specified
in the permit.
16. The Public Works Committee may, upon the application of any
person, construct any grating or other aperture, in any.
../3
3 -
sidewalk in such manner and of such material as it deems
suitable and the cost thereof shall be paid by the applicant.
17. No person shall place or maintain a grating in any street
unless the location, plan, and material thereof have been
approved by the Public Works Committee.
18. No person shall maintain any entrance to any property by
steps descending immediately from or near to a street,
unless the same is securely guarded.
19. (1) Every owner or occupier of any building having connected
therewith any aperture in any street, shall keep such aperture
securely covered or guarded in such manner and with such
material as the Director of Development directs, and every
such cover or guard shall be constantly kept on a level with
the sidewalk and in good repair, and every such aperture
when open shall be in charge of some competent person to warn
passers by.
(2) If any such owner or occupier fails to keep-any such
aperture securely guarded and in good repair, and level with
the sidewalk, the Public Works Committee, may at its option,
close the said aperture or may put the same in good condition
and repair, and the cost of so doing may be recovered from him
by the Town by action, and in addition thereto, he shall be
liable on conviction to a penalty as hereinafter provided.
20. Every person who contravenes or fails to comply with any
of the foregoing provisions in respect to openings in streets
shall be liable to a penalty on conviction not exceeding
$1,000.00 dollars, and in default of payment, to imprisonment
for a period not exceeding ninety days.
OBSTRUCTION ON STREETS
21. Except as by the "Towns Act",. or by this By-Law otherwise
provided, no person shall place, or cause to be placed any
encumbrance or obstruction upon any street whereby the public
are prevented from the free and uninterrupted use of the same.
. ./4
4 -
22. The Public Works Committee may temporarily close any street,
or part thereof, while any work is being done thereon, or when
it is advisable for other reasons to close the same, and may,
for that purpose, erect bars or other impediments to traffic.
23. Whenever the Public Works Committee erects any bars or .fence
to close any street for any purpose, no person shall interfere
with the same, travel or attempt to travel, or drive any
vehicle on; persons doing so shall be liable on conviction to
a penalty as hereinafter provided.
24. Except as hereinafter otherwise provided, no person shall
place on any street, any stop, porch, bay window, balcony,
fence, railing, or other structure, which in any way encroach-
es on such street, and any such structure so placed, shall be
removed by the owner of the property to which the same is
attached within ten days, after notice to that effect from the
Director of Development, and on failure to make such removal,
the Director of Development may remove the same, and the cost
of removal may be recovered from such owner by the Town by
action, and in addition, the owner shall be liable to a
penalty as hereinafter provided.
25. No person shall remove, or cause to be removed, any building
upon any street without having first obtained permission in
writing from the Public Works Committee and the Chief of
Police, and such permission shall be upon such terms as the
Committee. and .Police Chief determines.
26. Any person may, by permission of the Public Works Committee
and Police Chief, place on any street materials for buildings,
and erect any enclosure to protect the same, and may continue
such enclosure for such period as the Committee and Police
Chief directs. Every person placing such material, or
erecting such enclosure, without such permission or otherwise
than therein directed, or continuing the same for a longer
period than originally approved by the Committee and Police
. ./5
- 5 -
Chief, or after being directed to remove the same, shall be
liable to a penalty as hereinafter provided.
27. No person may, except with the permission of the Public Works
Committee erect within five feet of the street or sidewalk
a scaffolding for repairing any building or other purpose
connected with any building. Such permission shall be in
writing, and shall specify the terms and conditions on which
such scaffolding may be erected and the period for which it
may. be continued. Every person who erects any scaffolding
without having first obtained such permission or otherwise
than is therein directed, or continues the same for a longer
period that is thereby prescribed, or after being directed
to remove the same, shall be liable to a penalty as herein-
after provided.
28. No person shall place or maintain any signpost, or sign
which extends over any street.
29. No person shall place upon any street for sale or show any
goods, wares or merchandise, or any sign board or advertising
board.
30. No person shall place on any street any article, or permit
thesame to remain therein, so as to obstruct the free passage
of such street for a longer period than is necessary to remove
the same to or from any building or premises fronting on such
street.
31. Every person who contravenes or fails to comply with any of
the foregoing provisions in respect to obstructions on streets
shall be liable on conviction to a penalty not exceeding
$1,000.00 dollars, and in default of payment, to imprisonment
for a period not exceeding ninety days.
32. The application to move a building on a public street shall
be accompanied by a license fee of $25.00 for each of the days
so estimated and by a bond of the applicant with two sureties;
6 -
to the satisfaction of Town Council, on the sum of $5,000.00
dollars conditioned that the applicant will comply with the
requirements and conditions specified in the permit granted
for the removal of such building, and such permit shall state
the number of days during which the same is to be in force.
The applicant shall provide proof of sufficient insurance to
indemnify the-Town against all claims arising out of damage
to private and/or public property arising from the move.
33. Such permit may be extended by .the Committee for a further
period upon application, and an additional $25.00 daily
license fee.
34. If any building, for the removal of which a permit has been
granted, remains upon any street for any day beyond the period
mentioned in the permit, or an extension thereof, the owner
or other person engaged in removing the same shall be guilty
of an offence against this .By-Law.
35. Every. person who contravenes or fails to comply with any of the
foregoing provisions in respect to moving buildings shall be
liable on conviction to a penalty not exceeding $1,000.00
dollars, and in default of payment, to imprisonment for a
period not exceeding ninety days.
36. No person shall remove any snow from yard or other premises and .
deposit the same on any street.
37. No person shall permit icicles to accumulate on the eaves or
i
gutter of any building owned or occupied by him so as to
become dangerous to persons passing on the street.
3.8. Every person who contravenes or fails to comply with any of
the foregoing provisions in respect to removal of snow and ice
shall be liable to a penalty of not less than $100.00 dollars
or more than $1,000.00 dollars, and in default of payment,
to imprisonment for a period not exceeding ninety. days.
39. No person shall drive any vehicle over'or along any sidewalk,
except when crossing the sidewalk to enter any premises.
. ./7
7 -
40. No vehicle shall stop on any street crossing.
41. No vehicle shall be cleaned or washed on any street.
42. No vehicle shall stop in any street directly opposite to or
in front of any building or place. opening on such street in
which persons are about to congregate, or have congregated,
for any purpose of devotion, public or private business,
information, amusement, recreation, or other lawful object.
Every vehicle requiring to stand near such place, on to
approach thereto, shall stand in such place or approach thereto
in such manner as is prescribed by the person, for the time
being, having the control of such building or place, or .by any
police officer on duty there.
43. Any person who. contravenes or fails •to comply with any of the
foregoing provisions in respectto vehicles shall be liable to
a penalty not exceeding $50..00 dollars and in default of pay-
ment, to imprisonment for a period not exceeding twenty (20)
days
I, Jerry Ryan, Clerk of- the Town of New Waterford,
do hereby certify that the foregoing is a true
copy of a By-law duly passed at a duly called
meeting of the Town Council of the Town of
New Waterford duly convened and held on the J
day of �j7�der/ A.D. , 19 S'7
DATED at New Waterford, Nova Scotia this ISr
day of A/_�, A.D. , 19
RY RYAN - TOWN CLERK
DEPARTMENT OF Pv1UN1 AL AFFAIRS
Recommended for
approval of the P✓)ini,ter
APPROVED this....,. f�
of.... f .C+,:,V
*�:;.
n rrwr f qu:.l.in.: ureic.
BY-LAW
Respecting
MINIMUM STANDARDS FOR EXISTING BUILDINGS
HOUSING ACCOMMODATION
TOWN OF NEW WATERFORD
RESOLVED by the Town Council of the Town of New Waterford
that the following by-law be enacted and that the Clerk forward three
copies of it, duly certified and sealed, to the Minister of Municipal
Affairs with a request for his approval thereof.
MINIMUM STANDARDS FOR EXISTING BUILDINGS
HOUSING ACCOMMODATION
Part 1 - Short Title
1. This By-law shall be known and cited as the "Housing and
Building Standards By-law".
Part 2 - Interp-retation
2. (1) The owners of buildings built prior to December 31, 1975
shall maintain those buildings in accordance with the standards as
contained in Part 6 of this By-law.
(2) The occupants of all dwellings in-the Town of'New Waterford.
shall maintain that portion of the dwelling within their exclusive
possession in accordance with the standards contained in Part 7 of
this By-law.
(3) All buildings built subsequent to the coming into force of
this By-law shall be constructed and maintained in compliance with the
requirements of the Building By-law for• New Waterford.
(4) All repairs or alterations made to any building shall be
performed in compliance with the standards as contained in the Building
By-law for New Waterford.
(5) The standards of this By-law are minimum standards and this
By-law shall not be construed so as to lessen the requirements
prescribed for buildings, constructions, repairs and alterations
contained in the Building By-law for New Waterford.
3. In this By-law:
(1) "boarded up building" means a building for which the occupancy
permit.has .been withdrawn by written authorization by the Building
Inspector And which is boarded up so as to restrict entrance in a
manner acceptable to the Building Inspector.
2
r.;:.. includes a structure of any kind and anything
xj "building'
or integrated.in a building that would, without special
^ .mon be transferred by a conveyance of the land on which such
located but does not include a building under construction
din
i
nor a boarded up building.
• " the Town !
(3) "Building Inspector means the person appointed by
Council to be the Inspector of Buildings in the Town of New Waterford.
(4) "building under construction" means a partially completed,
building for which aalid buildis not ng
mitgrais
sdstill in force and for
which an occupancy pe
(5) "Council" means the Town Council for the Town of New Waterford.
(6) "dwelling" includes any building, part of a building, tent,
trailer, or other covering or structure, the whole or any portion of
which haen
for the
, purposessofeused,
humanhascapable being
bitation withtheland andpremisesdappurtenant
thereto.
(7) dwelling unit" means a room or suite of rooms occupied or �
- capable of being occupied as an independent and separate house-keeping
establishment. '
(g) "exclusive possession" means the occupancy of premises
notice
someone other than the owner by notice of a written lease or by •.
of the consent of the owner.
(9) "habitable room means a room designed for or which may be
used for living, sleeping, eating or cooking.
(10) "Inspector" means any person employed by the Cape Breton
Metro Planning Commission, whose duty it is to inspect buildings and
premises.
(11) "non-habitable room" .means an area if a building other than
a habitable room is a dwelling or dwelling unit, and includes the
following:
(a) a bathroom or shower room
(b) a toilet room
(c) a laundry room
(d) a boiler room
(e) a furnace. room
(f) a pantry
(g) a closet
(h) a corridor
(i) a foyer
(j) a stairway
(k) a lobby
(1) a recreation room or
(m) of
thee
dwelling for access or eto and s or maintenance
othr space vertical travel
between stories.
(12) "notice" means a notice of intention to revoke the occupancy
permit for alleged violation of this By-law.
(13) "occupancy permit" is a permit obtained from the office of
the Building Inspector, stating the uses that can be made of
eis
building and may prescribe conditions under which such a permit
issued and held.
I. i
4 -
Part. 4 - Occupancy Permits_
°fly Every dwelling as herein defined which appears on the
sent Roll for the Town of New Waterford for the year 1975 shall
`,-.:.armed to have an occupancy permit in full force and effect as of
e first day of January.
(2.)_ All occupancy permits not obtained according to subsection (1)
a:
the office of the Building Inspector.
shall be obtained by application to
a'
9. (1) The Building Inspector may refuse to issue, or may cancel an
occupancy permit if, in his opinion, the building fails to meet the
requirements of this By-law or any other law or by-law of the Town.
(2) Subject to Section 11(2) , an occupancy permit, once cancelled,
shall not be reinstated by the Building Inspector unless the building
meets all the requirements of this By-law.
10. (1) Unless notice of his intention to do so is given to the owner
at least ten (10) days beforehand, the Building Inspector shall not
cancel an occupancy permit.
(2) The Notice required under subsection (1) shall be deemed to .
have been properly served if sent by .prepaid ordinary mail to the address
of the owner as it appears on the latest Assessment Roll' for the Town.
(3) Unless the contrary is proven, any Notice sent by maii' shall
be deemed to be served on the day the Notice would in the normal course
of post be delivered.
(4) Not less than five (5) days prior to the date of cancellation
of an occupancy permit, the Inspector shall cause to be displayed copies
of the Notice as set out in subsection (1) in conspicuous places
throughout the dwelling.
11. (1) Any person who feels aggrieved by the decision of the
Building Inspector pursuant to Section 9 may appeal that decision to
Council by written notice delivered to the Clerk within fifteen (15)
days of the- date of cancellation of the occupancy permit.
(2) Council,-on appeal, may confirm, rescind or vary the decision
of the Building Inspector. ,
12. (1) The owner of a building, instead of acquiring an occupancy
permit, may obtain a permit to board up the building.
(2) A permit to board up -a building may be granted by the
Building Inspector where the building Is vacant at the time of application.
(3) The permit to board up a building may contain whatever
conditions a Building Inspector deems necessary for safety.
(4) No permit to board up under this Section shall be valid for
more than one (1) year from the date of issue.
(5) Upon the expiration of the one (1) year referred to in the
previous subsection, no permit to board up shall be issued for the same
building without the consent of Council.
- 5 -
part 5 - Ins ections and orders of the Buildin Ins ector
��. If a Building Inspector becomes aware of a suspected violation
-eight (48) hours.
By-law, he shall inspect it within forty
the purposes of this subsection, .forty-eight (48) hours shall be
.,:elusive of Saturdays, Sunday and holidays.
(2) Where a person has notified a Building Inspector =son a copy
f a
violation of this By-law, the Inspector may send to this pe
of the inspection report by ordinary mail.
(3) If a tenant has notified the Building Inspector of a suspected
violation of this By-law, the landlord.shall not harass a tenant.
14.. (1) (a) In addition to any .other remedies contained
in this
By-law, the Building Inspector may order
ner
to do whatever repairs are necessary to bring the
building to. the standards contained in Part 6 of
this By-law.
(b) In addition to any other remedies contained in this
By-law the Building Inspector may order the occupant
to do whatever repairs are necessary to bring the
building up to the standards of Part 7 of this By-
law.
(2) (a) When the Building Inspector makes an order pursuant to
subsection (1) (a) of this Section, the order shall be
in a written form, directed to the owner.
(b) When the Building Inspector makes an order pursuant to
subsection (1) (b) of this Section, the order shall be
in a wri�,ten form, directed to the occupant.
15. The order of the Building Inspector under this Part may be
served in. the same manner as Notices under Section 10.
Part 6 - _owner's Standards
Rubbish:
16. The owner shall keep all parts of the building, except those
within the exclusive possession of an occupant, clean and free from:
(a) rubbish, garbage and other debris;
(b) thaCaconditions,
fireor
holes and excavations
tarehealthaccident hazards.
Garbage Disposal:
17. (1) Every building shall be provided with a garbage enclosure.
(2) The enclosure shall not be locatedin a habitable roof peopel
and
shall be adequate to enclose one week's garbage
occupying the building.
Roofs:
18. (1) The roof shall be kept weathertight and free from leaks.
(b) , making sills, piers, posts or other supports
waterproof, weatherproof and insect proof by
the application of paint or other suitable
materials,
(c) using suitable means to jack up or support the
building where necessary.
Structural Soundness:
21, Every part of a building shall be maintained in a structurally
sound condition and so as to be capable of sustaining safely its own
weight and any load to which it may normally be subjected.
Drainage_:
22, (1) Every basement, cellar, crawl. space and. similar space shall
be adequately ventilated to the outside air and adequately drained.
(2) Every floor, every ceiling, both sides of every interior
wall and the interior side of every exterior wall in a dwelling shall
.be maintained free from dampness.
(3) Subsection (2) does not apply to:
(a) any non-habitable room in a basement or •cellar,
or
(b) a garage.
(4) Every building shall be so constructed and protected as to
prevent the passage of noxious gases from a part of the building that is
not used, designed or intended to be used for human habitation into
other parts of the building intended, used or designed for human
habitation.
Exterior Doors and Windows:
23. (1) All exterior windows, doors and hatchways in a building shall .
be maintained in good repair and weathertight.
(2) Without restricting the generality of Subsection (1) , the ,
maintenance required includes:
(a) repairing or renewing damaged, decaying or rotten:
(i) doors,
(ii) door frames and casings,
(iii) window sashes, .and
(iv) window frames and casings.
(b) refitting doors and windows,
(c) weather stripping, .
(d) repairing or replacing defective .or missing door
hardware .and defective or missing window hardware,
(e) reglazing, and
(f) using other suitable means of weatherproofing.
(3) Every opening in an exterior wall that:
(a) is used or required for ventilation or illumination,
(b) is not protected by a window or door, and
(c) could permit the entry of rodents or vermin,
(b) the tlat root, Lertacc,
or stairwell:
w
10 -
(b) heating equipment, and
(c) every vent pipe, chimney# smoke pipe,
onnected to such equipment
flue or duct c
laced, protected and maintained in good repair
„1 be so constructed, P Brous conditions and the entrance of noxious
snsa
eg pato thent udwelling.fe or dang
shall be effectively
a flue,
(3) Equipment that burns fuel in a building a smoke pipe,
;?"`vented to the outside air by means of a chimney,
'. a vent Pipe or a similar duct. of Subsections (1) and; (2) ,
(4) Without restricting the generality
the maintenance includes: the fireplace
(a) Lining, repairing and relining
with fire-resistant material,
a erialnd placing the
(b) installing, repairing
hearth of the fireplace, flue,
(c) clearing obstructions from the chimney,
smoke pipe or other duct, airing masonry,
(d) sealing open joints and repairing
size for
(e) using piping or ducts of- agvent pipe or
a chimney, flue, smoke pipet
a similar duct.
(5) Subsection (3)
does not apply to a domestic ,appliance used for.
cooking if the appliance is:
(a) so constructed, designed and used as not to
require venting, and
(b) not used or intended to be used for heating
purposes.
xeatina System: system capable
Every dwelling shall be pr with a heaiFahrenheit in
all
29• (1) a room temperature of not less than 70
of maintaining bathrooms and to
rooms in a dwelling
parts of all habitable rooms,
at all times. good repair and
(2) The heating system shall be maitheidwellind in safely•
working condition and capable of heating
(3) Where in a dwelling:
(a) a heating system or part of it, or
(b) an auxiliary heating system or part of it burns
or is designed or intended to bursolid or
n
liquid fuel, provided
storage of such fuel shall erlconstructed.
a
place or receptacle for the oninand prop
and maintained in good condition in the dwelling
so as to be free from fire or accident hazards• accessories and
(4) a liances, equipment, ood and workman-like
All fuel-burning PP order.
installations in a building shall be installed in r g
manner and maintained in good repair and working
occupied dwelling
fuel-burning equipment in any the lease or
(5) Where there is . uiring by an adequate suPP1Y
not occupied by the owner and the owner isrovide fuel, subject to
agreement providing for the occupancy to P ment,
of fuel shall beavailable at all rovided in Section times
for such equip
the exceptions p
y
g i ment Connections:
r !
(1) All connections between
(a) heating equipment or
(b) cooking equipment that burns or designed
or intended to burn liquid or gaseous fuel
in a dwelling,
the source of liquid or gaseous fuel shall be maintained rigid and
in good repair.
(2) Notwithstanding Subsection (1) , an approved flexible connector
may be used to connect a gas stove used only for cooking purposes to its
source of gaseous fuel.
plumbing and Plumbing Fixtures:
. 31: (1) All plumbing in a building or dwelling, including plumbing
fixtures, drains, water pipes, water closets and connecting lines to the
water and sewer systems shall be installed and maintained in good
working order and repair and free from .leaks and other defects.
(2) A water closet or a urinal in a dwelling shall be located only
within a separate bathroom or toilet room.
(3) Subject to Subsection (6) , a wash basin that is in good working
order, served with hot and cold running water and connected to they
drainage system for the dwelling shall be located in every room that
contains a water closet or a urinal.
(4) Notwithstanding Subsection (3') , where a dwelling contains not
more than three (3) dwelling units, the wash basin therein referred may
be located in a room adjoining the room that contains a water closet or
a urinal.
(5) Every bathroom and toilet room in a dwelling shall:
(a) - be located within the main portion of the
building,
(b) have provisions for privacy, and
(c) where the bathroom or toilet room is used or
is intended. to be used by more than one (1)
roomer or boarder or by the occupants of
more than one (1) dwelling unit, have an
entrance from a common passageway, hallway,
corridor or other space used in common by the
occupants of the dwelling.
(6) No person shall store or prepare food in a room that contains
a water closet or a urinal.
(7) An adequate supply of potable water shall be available at all
times to all plumbing fixtures located in a dwelling.
Kitchens:
32. (1) Every room in a dwelling unit in which meals are prepared shall
have a sink that:
(a) , is served with hot and cold running water,
(b) is connected to the sewer system for the
building,
(c) is in good repair and working order.
12 -
(2) Where more than two (2) persons occupy a dwelling unit, no
arson shall store, prepare or cook food in a room in the dwelling unit
used- for sleeping purposes.
ded with a properly installed and
(3) Every kitchen shall be provi
maintained source of electricity.
Electrical System:
33. (1) Every residence shall be connected to an electrical supply
system and shall be wired for electricity.
(2) An adequate supply of electric power shall be available at
all times in all parts of every occupied dwelling subject to the
exceptions provided in Section 36.
(3) The capacity of the connection to the building and the
system of circuits distributing the electrical supply within the building
shall be adequate for the use and intended use in the building.
(4) Subject to Subsection (5) , every.habitable room in a dwelling
.ahall have at least two (2) duplex receptacles.
(5) A kitchen electric utility receptacle shall:
(a) be mounted in a separate outlet box,
(b) be connected to a utility circuit used
exclusively for the utility of Number 12
gauge wire, and shall be protected by no
larger than a 15 ampere fuse or circuit
breaker.
(6) Every laundry area in a dwelling shall have at least one
electrical duplex convenience outlet in good working order.
(7) An electrical light fixture shall be permanently installed
and maintained in good working order in every water closet compartment,
toilet room, bathroom, shower room, kitchen, kitchenette cooking space,
laundry room, furnace room, hall and stairway in a dwelling.
(8) No person 'shall place an extension cord directly beneath a
floor covering or through a doorway, transom, wall, ceiling or floor
and no person shall use, cause or permit the use of an extension cord
so placed.
(9) The electrical wiring, circuits, fuses, circuit breakers, and
electrical equipment in a dwelling shall be maintained at all times:
(a) in good repair and working order, and
(b) free from fire and accident hazards.
Lighting and Ventilation:
34. (1) Every habitable room in a dwelling, except the kitchen, shall
contain one or more windows or skylights that:
(a) are at least 50% above the level of the
ground outside the wall in which it is
installed,
(b) open directly to the outside air,
(c) have a total glass area of not less than
10% of the total floor area of the room.
less than 5% of the floor area or the room,
(d) be maintained in good repair,
(e) be easily opened and closed at all times.
Portions of a window .that are in a window well shall not be
.n computing the window area for the purposes of Subsection (l)
►ening area for the purposes of Subsection (2) .
Lighting equipment in good working order shall be provided and
td at all times in eery:
(a) stairway,
(b) hall,
(c) bathroom,
(d) shower room,
(e) toilet room,
(f) basement or cellar,
(g) laundry room,
(h) furnace room,
(i) similar non-habitable work room,
(j) kitchen,
in a dwelling.
Every habitable room, bathroom, shower room, and toilet room
Lling shall be provided with adequate natural or artificial means
Lation.
Where any system of mechanical ventilation is provided in any
3 dwelling, it shall be:
(a) capable of completely changing the air in ,
the room at least once per hour,
(b) maintained in good repair and working order
at all times.
All enclosed spaces within a dwelling shall be adequately
ed and access of sufficient size to permit entryshall be provided
and fitted with a door or panel to enclose the opening.
Occupancy Dwellings:
In this section, "multiple occupancy dwelling" means a dwelling
tains more than three (3) dwelling units or in which lodging is
for more than three (3) roomers or boarders.
The standards provided by this section apply to multiple
y dwellings only.
Nothing in this section shall relieve any owner. of multiple
y dwellings from compliance with all of the other standards of
.t,
Every:
(a) passageway,
(b) hallway,
(c) corridor,
E Non-habitable Rooms:
(1) The owner shall not use or permit the use of a non-habitable
in a building for a habitable room purpose..
(4) For the purposes of this section, a room that is less than
635 feet in height over more than one-half of the floor area shall be
habitable room, an exit, and a
deemed to. be a non-habitable room. A
passage shall have a minimum height of 631 feet. A projection from a
ceiling, including a lighting fixture, shall be a minimum of 6'k feet
from the floor.
Basement Apartments:
38. Where the floor of any portion of a building is below the
finished grade of the property, no person shall use or permit the use
of that space or any part thereof as one or more habitable rooms
except where, in addition to the other standards prescribed in this
by-law, the following requirements are met:
(1) The window area that provides natural light and ventilation
shall be above the level of the surrounding ground;
(2) Ventilation of rooms in such space shall:
(a) be provided:
(i) through doors or windows, or
(ii) by means of a system of mechanical
ventilation, including. an exhaust
fan:
either of which shall:
(b) be sufficient to completely change the air in
such space at least once per hour.
(3) The floors and walls shall be so constructed as to be
impervious to water leakage and shall be treated against dampness by
the provision of an adequate vapour barrier.
(4) The floors shall be damp-proof and shall be covered with a
permanent floor covering material other than paint, that prevents
condensation.
(5) Each habitable room shall be separated from any room containing
heating equipment by a fire-resistant partition containing no openings
other than an opening for a door with a door fitted therein and access
to each habitable room shall not be gained by passage through a furnace
room or a boiler room.
(6) Every furnace room and every boiler room shall be vented to
provide sufficient combustion air for the heating equipment directly
from the outside air.
(7) Where a laundry room that is used by:
(a) the occupants of more than two (2) dwelling
units, or
(b) the members of more than two (2) families
w
Dimension and Utility Standards:
39. (1) A dwelling shall contain at least one toilet and one sink for
each nine (9) persons living in the dwelling.
(2) A dwelling shall contain at least one bath tub or shower for
each nine (9) persons living in the dwelling.
(3). An occupant shall have access to one bath tub or shower.
(4) For the purpose of this Section, a family unit of more than
nine (9) persons shall be deemed to be nine (9) persons.
40. (1) Except for a habitable room no
, part of a dwelling shall be
used for sleeping purposes.
y.
(2) (a) Subject to paragraph (b) , a. habitable room used
for sleeping purposes shall have a floor area of
at least forty (40) square feet for each occupant.
(b) A habitable room used for sleeping purposes shall
have a floor area of at least sixty (60) square i .
feet.
41. (1) A room shall have the following minimum dimensions:
I l
Room Floor Area Minimum Width
Toilet Room (with toilet only) 10 sq. ft.. 3 ft.
Toilet Room (with b4sin) 14 sq. ft. 3 ft.
Toilet Room (with bath and basin
or shower and basin) 28 sq. ft. 4 ft.
` I
A habitable room 60 sq. ft. 7 ft.
(2) The floor space at points where the sloping walls or ceilings
are less than 416" above the floor in•a vertical direction shall not be
included in calculating the floor area of an attic room.
Part 7 - Occupant's Standards
4
42. All parts of a building which are occupied by a person other
than the owner as defined herein and which are in the exclusive !i
possession of the occupant' shall be kept free from: is
;I
(a) rubbish, garbage and other debris,
(b) objects and conditions that are health,
fire or accident hazards.
A
45. Cooking, heating and domestic hot water equipment, owned
and installed by the occupant shall be maintained in good working order
and repair.
46. The occupant of a dwelling unit shall not cause the occupancy
of. the dwelling unit under his care or control to contravene of the
standards in Sections 39 and 40.
47 The occupant of a building shall not prepare food in a room
containing a water closet or urinal.
Part 8 - Enforcement
48. (1) Every person who contravenes or fails to comply with this
By-law shall for each such offence be liable to a penalty not exceeding
five hundred dollars ($500) , and in default of payment to imprisonment
for a period not exceeding three (3) months.
(2) Every day during which any such contravention or failure to
comply continues shall be deemed a fresh offence.
49. (1) In the event of any contravention or failure to comply with
the By-law the Town may in its own name bring an action or other legal
e, which the Supreme Court oinddaa3iti
proceedings in respect of the samon
thereof may hear and determine at any time, and therein may,
to any other remedy or relief:
(a) make and order restraining the continuance
or repetition of any such contravention or
failure; or
(b) make an order directing the removal or destruction
of any building or structure or part thereof, so
contravening or failing to comply, or in respect
of which any such contravention or failure has taken
place, and that upon failure to comply with such
order the Town Council may remove or destroy
or may cause to be removed or destroyed such
building or any part thereof, at the expense of
the owner of the same; or
(c) make such other order as is required to enforce the
by-law, .and as to costs, and as to the recovery of
the expense of any such removal or destruction,
as to the Court or judge seems right.
(2) In the event of any fresh offence by the same person against
the by-law after any such action or other legal proceeding has been
commenced by the Town, it shall not be necessary to bring any other
taken
or may cause to posted, a notice of such contravention �� �a���--•
and of the intention to take proceedings in respect thereof, upon
om
such building or structure
, and at roceedhe inrs in respecf ten �)thereofrmay
the first day of such posting any p g
be had and taken ex parte.
(4) No action shall be maintained against the Town or against
i
any of its officials or agents for anything purporting to be done under
�r in pursuance of this Section or Section 48.
i
f
I
M
THIS IS TO CERTIFY that the By-law of which
the.foregoing is a true copy was duly passed at a duly
called meeting of the Town Council of the Town of New
Waterford, duly held on the 16th day of December ,
A.D. , 19. 75 .
GIVEN under the hand of the Town Clerk and
under the corporate seal of the Town of New Waterford,
this 13th day of January A.D. 19 76 .
., i
Y
TOWN C ERK
0
TOWN OF NEW WATERFORD
RESOLVED by the Town Council of the Town of
New Waterford that the following by-law be and the same
is hereby enacted and that the Clerk be and is hereby
instructed to forward same to the Minister of Municipal
Affairs with a request for his approval hereof.
MUNICIPAL LAND TRANSFER TAX BY-LAW
1, Chapter 10 of the Statutes of Nova Scotia,
1968, An Act- to Authorize a Municipal Land Transfer
Tax shall apply to the Town of New Waterford excepting
only sections�7 and 11 which shall not apply.
2. Section 7 of this By-law shall apply as
though Section 7 of said Act had read as follows:
" (1) Not later than thirty days
after a transfer; and whether or not
a taxis payable thereon, the
grantee shall file with the clerk
an affidavit made by himself or
by someone having a full know-
ledge of the facts, setting out
the names of the parties, the
location of the property, the sale
price of the property with full
details of the consideration including
the amount of any lien or encumbrance
subject to which the transfer was
made; and if the affidavit is not
made by the grantee it shall
state that the person making it has
personal knowledge of the facts
stated in it. The affidavit may
be in the form in Schedule A or
to the like effect.
" (2) Where the affidavit is made
by a person other than the grantee
he is personally liable jointly and
severally with the grantee for
payment of the amount of the tax.
" (3) If the grantee claims exemption
from the tax; the affidavit shall
be filed but shall set out the
facts on which the grantee claims
to be exempt, (,and: i'n the sase
a- cJ- dian
table
p �ani meati nn Shall Cl,i VP the m�mhe�
of-itsE _
Inc�eme '£aye ��.t (ranadal
3, There shall be added to !the sections referred
to in section 1 hereof the following:
1116. The Registrar of Deeds
for the County of Cape Breton or,
his duly appointed Deputy is `hereby
authorized, impowered and instructed
to carry out the duties of the Town
Clerk as in sections 7 through 10
inclusive of said Act:"
. ./2
- a -
4. The said Municipal Land Transfer Tax Act
shall apply to the Town of New Waterford from the 1st
day of April A.D. , 1976, or the date of approval by
the Minister of Municipal Affairs, whichever is later.
I, Francis MacKinnon, Clerk
of the Town of New Waterford
do hereby certify that the
foregoing is a true copy
of a by-law passed by the
Council of the Town of
New Waterford at a meeting
duly heLl� and convened n
the 1ZP2X day of �
A.D. , 1976.
Francis MacKinnon,
Town Clerk
Town of New Waterford
BY-LAW #38 APPROVAL
Council T
MUNICIPAL LAND TRANSFER TAX / p
Minister v D
The provisions of. the Municipal Land Transfer Tax
Act SNS 1968 Chapter 10, shall continue to apply to the
Municipality of the Town of New Waterford.
I, Je.rry .Ryan, Clerk of .the Town of New Waterford,
do hereby certify that the foregoing is a true
copy of a By-law duly passed at a duly called
meeting of the Town Council of the Town of
New Waterford. duly convened and held on the
day of �jr�;� r/ A.D. , 19d7 .
DATED at New Waterford, Nova Scotia this /Sr
day of� ' , A.D. , 191 !
ER RYAN —TOWN CLERK
if bE_PARTMENTOPAL A--. FI�.A R
Recommended for
. aPProval of the Minister
1 „
DePartme..tal...........
i Ap�PROVED thi
..............
Of �`� .��`.. ... day
TOWN OF NEW WATERFORD
By-Law No. 12 APPROVAL
OFFICERS GENERALLY Council
Minister
1. Any person may be appointed to more than one office,
the duties of which are not inconsistent with each other.
2. (1) Every officer of the Town shall, before
entering upon the duties of his office, take and subscribe
the following oath of office:
I, A.B., do swear that I will truly and faithfully
to the best of my knowledge and ability, execute the office
of . . . . . . . . . . . .. . . .. . . . . . . . .. . . . . .. . . . .. . . . . . . . . . . to which
I have been appointed in the Town of . . . . . . . . . . . . . . . . . . . . . . .
so long as I shall hold the said office on re-appointment or
otherwise, so help .me God.
A.B.
(2) Upon re-appointment to any office, such
oath shall not be necessary.
(3) Every such officer shall take and subscribe
such oath within three weeks of his being notified of his
appointment.
(4) Such oath may be administered by the Mayor
or a Provincial Judge.
(5) A Memorandum of the fact of such oath having
been taken shall be made by the Clerk in the book wherein is
recorded such appointment.
3. Every officer appointed by the Council may at any
time, resign his office by giving written notice to the Clerk,
whereupon the office shall be vacant.
I, Jerry .Ryan, Clerk of the Town of New Waterford,
do hereby certify that the foregoing is a true
copy of a By-law duly passed at a duly called
meeting of the Town Council of the Town of
New Waterford duly convened and held on thea
day of A.D. , 19W.
DATED at New Waterford, Nova Scotia this /s-Ile
day of A.D. , 19
RRY RYAN - TOWN CLERK
Recommended for approval withzaij.amendment.
F. Robertson
.Approved pursuant to Section 24 of the Municipal Affairs
Act with the following amendment.
Section (3) of Section 2 is deleted and the following
substituted therefore
11.2(3) Every such officer shall take and
subscribe such oath before assuming the
duties of such office."
Dated at alifax t is � of ' 1985.
nis
of Municipal Affairs
` Town of New Waterford
BY-LAW #39 APPROVAL
PARKS & RECREATION COMMITTEE BY-LAW Council (o P
Minister 6��
BE IT ENACTED AND ORDAINED by the Town Council of the Town of
New Waterford as follows:
1. All previous Recreation Committee By-Laws of the Town of
New Waterford are hereby repealed.
2. In this by-law:
a. "Committee" means the Parks & Recreation Committee
Established under Section 3.
b. "Council" means .the. Council of the Town of New Waterford.
c. "Clerk" means the Clerk of .the Town of New'Waterford. . _
3. There is hereby established a Committee to be known as the
Parks & Recreation Committee which shall advise the Council
on matters of recreation and be responsible for any
recreational program approved by the Council.
4. The Committee shall be composed of nine (9) members,
serving without pay, who shall be appointed by the .Council
as follows:
a. Four Town Councillors (one from each ward) .
b. Four (4) other members who are residents of the Town of
New Waterford.
c. The Mayor shall be a full member of this Committee with
voting privileges.
5. The secretary of the Committee shall be the Recreation
Director, however, the Committee shall have the authority
to appoint a recording-secretary.
6. a. The members who are appointed under Clause (a) of Section 4
shall be annual appointments and shall hold office until
November. lst. each year, or until their successors are appoint-
ed or until they cease to be .a member of Council, whichever
event first occurs.
b. The four members who are appointed under Clause (B) of
Section 4, shall have staggered terms of office of one, two,
three, or four years respectively, retiring on November lst
of each year. Thereafter, appointments shall be for a .four-
year term to expire on November 1st of the respective year
or when their successors are appointed. Appointments will be
done annually on a "Ward" basis.
c. The member appointed under Clause (b) of Section 4, who
ceases to be a resident of the Town shall cease to be a member
of the Committee.
d. The Council shall, within three months of a vacancy on the
Committee, fill such vacancy and the person appointed. shall
serve the remainder of the term of office of the person
he replaced.
e. The Committee shall be responsible to the Council and shall
report to it at its regular meetings through the members of
Council on the Committee.
f. Regular meetings of the Committee shall be held monthly,
the time and place to be determined by it at its first
meeting, but may be changed by the Committee from time to
time as it may deem advisable.
g. A Minute Book shall be kept and minutes of all regular and
special meetings shall be recorded by the Secretary in it..
Copies of all minutes signed by the Chairman or the person
presiding at the meeting shall be filed with the Clerk..
Page 1 of 3
Page 2
h. A majority of the members shall constitute a quorum.
i. The Chairman shall preside at all meetings, but in his
absence, the Vice-Chairman or a member appointed at the
meeting shall preside.
j. .The Chairman shall have a vote on any question and in the
event of a tie, the motion shall be lost.
7. Special meetings may be called on twenty-four hours notice by
the Chairman or by the Secretary at the request of three
members of the Committee.
8. a. The first meeting of the Committee shall take place within
one month of the date of the passing of this By-Law, within
two weeks of the appointment of the first Committee, whichever
event last occurs.
b. The election of. a Chairman and Vice-Chairman shall take
place at the first meeting and thereafter at the first
meeting in November of each year. The Chairman elected must
be one of four appointed Town Councillors.
c. The Committee may appoint sub-committees to deal with any
special matters coming within the powers and jurisdiction of
the Committee.
9. a. Subject to the approval of Council, the Committee may
provide, equip and supervise public playgrounds, athletic
field, recreation centers, and other recreation facilities
and activities on any of the properties owned and controlled
by the Town or other properties with the consent of the
owners and authorities thereof. It shall have the power to
conduct any form of recreation or cultural activity that will
employ the leisure time of the people in a constructive and
healthful manner.
b. The Committee shall have the power to make such rules and
regulations concerning the operation of public recreational
facilities, setting fees to be charged for the use of these
facilities as it may deem necessary from time to time, or
concerning any matters coming within the powers of the
Committee. -These rules and regulations shall be valid when
approved by the Council.
c. The Committee shall be consulted on all matters affecting
the development and maintenance of public recreational
facilities.
d. The Committee shall.be consulted whenever it is prpposed
to acquire, purchase, lease, sell or otherwise dispose of
any Town land that is held for park or other public
recreational purposes.
e. The Committee shall, on the request of the Council make
recommendations concerning the appointment by Council, of a
Director of Recreation and other staff deemed necessary.
f. The Committee may co-operate with and encourage all
organizations, public, private, .civic, social and religious
within the Town, supporting, promoting, or working for any
sport or recreation.
g. The Committee may hear and consider representatives by any
inidvidual, organizations or delegation of citizens with
respect to the recreation and act on any recommendations
-provided the approval of the Council has been obtained.
10. a. Annually, before the 31st day of January, the Committee
shall submit to the Council a written statement showing in
reasonable form and detail, the programs to be conducted
and the expenditures proposed to be made by the Committee
for the year.
Page 2 of 3
Page 3
b. The Committee shall' be restricted in its expenditures
to the amounts and and purposes shown on the statement as
approved by Council, provided that with the approval of
Council, amounts shown on the statement as intended to be
expended for a specific purpose may be used in whole or
in part for some other purpose within the jurisdiction of
the .Committee.
11. The Committee, on behalf of the Town, may receive any gifts
or bequests of money or otherpersonal propery or any
donation to be applied, principal or income, for either
temporary or permanent use for recreational purposes.
Property so received shall be vested in Town in trust.
12. The Committee shall make annual reports to the Council and
other.reports from time to time as requested and in the forms
and manners as Council requests.
13. Neither the Committee or any member thereof shall have
power to pledge the credit of the Town in connection with
any matter whatsoever, nor shall the Committee nor any
member of it have any power to authorize an expenditure to
be charged against the Town.
I, Jerry ,Ryan, Clerk of .the Town of New Waterford,
do hereby certify that the foregoing is a true
copy of a By-.law duly passed .at a duly called
meeting of the Town Council of the Town of
New Waterford duly convened and held on the
day of 141�» A.D. , 19fY.
DATED at New Waterford, Nova �S[cotia this
day of Xd�'t ' A.D. , 19�T.
RRY YAN - TOWN CLERK
DEP .RTMENT OF MUNICIPAL AFFAIRS,
Recommended. for
approval of the Minister
........... !�
Departmental Solicitor
APPROVED_ his:.....Gtr ........day
of. k� :9:
............ ..
nlster of r.Iclpal Affalfs
TOWN OF NEW WATERFORD
By-Law No. 13 APPROVAL
PLEBISCITE BY LAW Council to
Minister 4zf�
1. The approval of the voters of the Town of
New Waterford for any of the purposes mentioned in section 123 of
"The Towns' Act", or for any other purposes required by law,
shall be given by a plebiscite of the voters of the Town held
for that purpose under the provisions of Section 124 of
"The Towns Act".
I, Jerry _Ryan, Clerk of _the Town of New Waterford,
do hereby certify that the foregoing is a true
copy of a By-law duly passed at a duly called
meeting of the Town Council of the Town of
New Waterford duly convened and held on the6
day of �� A.D. , 19�/
DATED at New Waterford, Nova Scotia this /3
day of , A.D. , 197.
RRY RYAN — TOWN CLERK
DEPARR7 EINT OF��Muf jPAL AFFAIRS R
--��
Recommended for
aProval of the Minister
... . �•!
ueaarimeora -tot--
APPRoVED this...,6t l
...
{ •
'star or �onteiom Aft.1,S
TOWN OF NEW WATERFORD
BY-LAW NO. 29 APPROVAL
Council . 6 Zf f
Public Property Minister 0 r
1. Every person who defaces, injures or destroys any
building, bridge, tree, bench or other seat, or other
property, of or under the control of the town, or who digs
up or removes any of the soil or stones on any property of
or under the control of the Town, shall be liable on
conviction to a penalty not exceeding one thousand dollars
($1,000.00) , and in default of payment, to imprisonment
for a period not exceeding 90 days.
I, Jerry _Ryan, Clerk of the Town of New Waterford,
do hereby certify that the foregoing is a true
copy of a By-law duly passed at a duly called
meeting of the Town Council of the Town of
New Waterford duly convened and held on the Zo�
day of
DATED at New Waterford, Nova Scotia this /J-2r
day of '( ""� v , A.D. , 19
Y AN - TOWN CLERK
DEPARTMENT OF MUNICIPAL AFFAIRS
Recommended for
approval of the Mihisler
.............�-C .
_ - Dena rcma:•lal S+I:ri•....
APPROVED this.... +``.....,.,.._.
Of:.. .K.gys c,$.
1
a r nn,romar ura,rs
TOWN OF NEW WATERFORD
RECREATION COMMITTEE BY-LAW
BY-LAW NUMBER: 1978-1
BE IT ENACTED AND ORDAINED by the Town. Council of the Town of New
Waterford as follows:
1. In this by-law:
(a) "Committee" means the Recreation Committee established under
Section 2.
(b) Council means the Council of the Town.of New Waterford.
(c) Clerk means the Clerk of the Town of New Waterford.
2. There is hereby established a Committee to be known as the Recreation
Committee which shall advise the Council on matters of recreation and
be responsible for any recreational program approved by the Council.
3. The Committee shall be composed of nine (9) members, serving without
pay, who shall be appointed by the Council as follows:
(a) Four (4) members of Council
(b) One '(1) member appointed by the School Board of New Waterford,
and who is a resident of the Town of New Waterford.
(c) Four (4) other members who are residents of the Town of New
Waterford.
4. (a) The members who are appointed under Clause (a) of Section 3
shall be annual appointments and shall hold office until November
lst each year, or until their successors are appointed, or until
they cease to be a member of Council , whichever event first occurs.
(b) The member who is appointed under Clause (b) of Section 3 shall
be an annual appointment and shall hold office until November 1st
each year, or until his successor is appointed.
(c) The four members who are appointed under Clause (c) of Section 3
shall have staggered terms of office of one, two, three and four
years respectively., retiring on November 1st. of each year.
Thereafter,.appointments shall be for a four-year term to expire
on November -1st. of the respective year or when their successors
are appointed.
(d) A member appointed under Clauses (b) and (c) of Section 3 who
ceases to be a resident of the Town shall cease to be a member
of the Committee.
(e) A member who misses two successive meetings without adequate cause
shall cease to be a member of the Committee.
(f) The Council shall, within one month of a vacancy. on the. Committee;
fill such vacancy and the person appointed shall serve the remainder
of the term of office of the person he replaced.
(g) The Committee shall be responsible.to the Council and shall report
to it at its regular meetings through the members of Council on the
Committee.
2
- 2 -
(h) (1) Regular meetings of the Committee shall be held monthly,
the time and place to be determined by it at its first
meeting, but may be changed by the Committee from time
.to time as it may deem advisable.
(2) A Minute Book shall be kept and minutes of all regular
and special meetings shall be recorded by the Secretary
in it. Copies of all minutes signed by the Chairman or
the person presiding at the meeting shall be filed with
the Clerk.
(3) A majority of the members shall constitute a quorum.
(4) The Chairman shall preside at all meetings, but in his
absence, the Vice-Chairman or a member appointed at the 1
meeting shall preside.
(5) The Chairman shall have a vote on any question and in
the event of a tie, the motion shall be lost.
9. Special meetings may be called on twenty-four hours' notice by the
Chairman or by the Secretary at the request of three members of the '
Committee.
10. (a) The first meeting of the Committee shall take place within
one month of the date of the passing of this By-Law or within
two weeks of the appointment of the first Committee, whichever
event last occurs.
(b) The election of a Chairman and Vice-Chairman shall take place
at the first meeting and thereafter at the first meeting in
November of each year.
(c) The Secretary of the Committee shall be elected from (b) or
(c) of Section 3.
(d) The Committee may appoint sub-committees to deal with any
special matters coming within the powers and jurisdiction of
the Committee.
11. (a) Subject to the approval of .Council, the Committee may provide,
equip and supervise public playgrounds, athletic fields, ►
recreation centres, and other recreation facilities and activities
on any of the properties owned and controlled by the Town or
other properties with the consent of the owners and authorities
thereof. It shall have the power to conduct any form of-.recreation
or cultural activity that will employ the leisure time o-f the
people in a constructive and healthful manner.
(b) The Committee shall have the power to make such rules and
regulations concerning the operation of public recreational
facilities, setting the fees to be charged for the use of these
facilities as it may deem necessary from time to time, or
concerning any matters coming within the powers of the Committee.
These rules and regulations shall be valid when approved by the
Council.
(c) The Committee shall be consulted on all matters affecting the
development and maintenance of public recreational facilities. .
(d) The Committee shall be consulted whenever it is proposed to acquire,
purchase, lease, sell or otherwise dispose of any Town land that
is held for park or other public recreational purposes.
3
- 3 -
(e) The Committee shall, on the request of the Council, make
recommendations concerning the appointment by Council of a
Director of Recreation and other staff deemed necessary.
(f) The Committee may co-operate with and encourage all organizations,
public, private, civic, social and religious, within the Town,
supporting, promoting or working for any sport or recreation.
(g) The Committee may hear and consider representations by any
individual, organization or delegation of citizens with
respect_to recreation and act on any recommendations provided
the approval of the Council has been obtained.
12, (a) Annually, before the 31st day of January, the Committee shall
submit to the Council a written statement showing in reasonable
form and detail, the programs to be conducted.and the expenditures
proposed to be made by the Committee for the year.
(b) The Committee shall be restricted in its expenditures to the j
amounts and purposes shown on the statement as approved by I
Council, provided that with the approval of Council , amounts
shown on the statement as intended to be expended for a specific
purpose may be used in whole or in part for some other purpose
within the jurisdiction of the Committee.
13. The Committee, on behalf of the Town, may receive any gifts or bequests
of money or other personal property or any donation to be applied,
principal or income, for either temporary or permanent use .for recreational
purposes. Property so received shall be vested in the Town in trust.
i
i
14. The Committee shall make annual reports to the Council and other reports
from time to time as requested and in the forms and manners .as Council
requests.
15. Neither the Committee or any member thereof shall have power to pledge
the credit of the Town in connection with any matter whatsoever, nor
shall the Committee nor any member of it have any power to authorize
an expenditure to be charged against the Town. ;
I, Francis MacKinnon, Clerk of the Town
of New Waterford, do hereby certify that
the foregoing is a true copy of a By-Law
TR1�IV�9 jvJ4MIC- Ai xtITAfRS�
passed by the Council of the Town of New.
R co en^� #or Waterford at a meeting duly held and
appro`:a� Af t tEf /
convened on the day of //•1 ,
E �;' ; ..... A.D. , 19
- ... y
`V W ✓�` r GIVEN under the hand of the Town Clerk
day
fig c and under the� crporate seal of the said
Town this ay of—�11_1_
�.
,..,,. . A.D. 19�
Mtt1litOf of 1A unlclpal AH alrs
F/RANNCIS Mac KI ON Town Clerk
I
I
I
i
� � y
rr
� m
� n
* m m •--I
x- < m o
x� E O o
E Z Tl
% Z
3 Om
� m 3
_ -•I --I
� m m
X VTI
% Oo Co O
Nom- E
A-
K.
I
O R A-
PROVINCE OF NOVA SCOTIA,
COUNTY OF CAPL Ea-,TON,
TO+NN OF NEW WATERFORD-
BY-L
ATERFORD.BY-LAri RESPI CTIfiG TOWN BOUNDARIES
1 y 3
1•MMy..A,9, in the proclamation incor oratiing d Town wathe rn
of New 1'laterford, the western boundary
Of erroneously described as ti:e nor•tlkwestern boundary of
lands Eranted to Thomas S• BO%n in 1828, instead of the
eastern boundary of a tract or parcel of land ten and one
half chains wide , more or lens , occui:ieo by James ?iacNeil
and his heirs, and
1%11--REAS, the eastern boundary al said lands occupied
1
by James 2iacYeil and his heirs has always been recoOnized
and accepted ry tile Town of D'e l uteri'ora, dna the
lrunicipallty of the County of Came lirt..ton as the western
boundary Of Buid 'lover,, ur• Lice
uictior,tAl(Ar Ovt1,. ttltsuid
exercised any authority or Ju
Mach.eil lands or any part thereof, and
i IF.RE, the boundaries of vuid Tomn at the southeast
corder .RE,AS ry Lf,eTru!', ul, u, ,.l-rilxd it, u id i'rocla:uatlOn,
are faulty, irregular ;.,r.0 diiilculL Lu lacute, and bavu
are f rise to and will cor,tinut to give rise to disputes
a to whether the 1-,r,d6adjacent thereto are ir_
and uncertainty d
the Town of New Waterford or in the 1;unicipality of :the
County of Cape Breton, and
Wf1F:REAS, the TOM harp ceiused a survey to be made of its
ana it is desirous and in the best interests
town boundaries, .
new town b
of all parties concerned that innaccordancelwithed
and permanent monuments placea thereon,
the survey, plan and description recentlyaade and prepared
therefor by D. S. 2nOrrison, F'sq• , C•E• ,
;REAS, the owners or duly stltborized aE,ents of o�inera,
of real pro.ptrty adjacent to said town boundaries, or likely
to be affected by tyle proposed re-locatiot. of same, have
petitioned the town council of the 'i'ov,n of New Waterford
le area of said Town
that theabed$edlminishedboundaries
otherwisettctlan8ed in accordance
be increased,
with the survey , plan anu aeucripti Or, wade anti prel,arLd by
D,
S. morrison, as aforesaid:
BE IT T11ERT:BOR1- ORDA117,.D by the Lown council Of' the
Town of New %laterfor(• , it, 1,ursu.,rtce- of Section 47 of °The _
boundaries aria the
Tov,nt a Incorporation ;,ct", Ltuat the toti,ri
area of the Town of lie+ �V�lt, rlora, 1c uescribea in the
proclamation incorporatink, tsuiu Lor;rl, ut aru the same are
hereby increased, dimir,istled e,rlo oLhcrwise char,Eed to
conform 1:3 th the following ai:scrii,Lion, that is to saY:
„BEGINNING at low water mark on the seashore at the inter-
section there�vi th of the prolongation north-eau twardly
of the division line by incen h1864Biu the landsdu eu by grantedtlby
crown to William Rig y h Connors in 1862, a point
the crown to Uichael and Jper permanently established on the
on which division line is
ground by a section of steel rail ,°t$- saidndivisiont line
distance of one hundred feet along, the said north-
from the said intersection; thtntihE sad division line: and
easterly proloni ation and along,
itis prolongation south forty-four degrees and thirty
tnlnuteu west i. diutance. of uix thousund five hundred and
forty feet more or leeu to itu ILe eruc,]l rear line oflands
prolongation eastwardly of the � of. the Barrasoie
frontirC on the shore in the vicinity
pond, which point of intersection is said eastwa.rcdly
rail set in concrete; thence
aloid ng
rear' line north
prolongation Auld alor� tile
forty-four degrees and ten minutes west a distance of
or
eight thousand one hundred ar�offl�nd J°oocupiedfeetm4yeJames
less to the eastern boundary
McNeil and his heiru, which point is defined on the
round by a section of steel roil uet, in concrete. thence
g
aro n said eastern boundary of lurid:, occupied by James
McNeil and hiv heiru and its prulork.acion north forty-
and fifty minuteu cunt a °iutance of
nd
three degreeu six
threeade sever. hundred and ninety-five feet to the low
ana ary
water mark atithethereofoie ,ti�ttrked on hthea(;roundtern obyd
and prolongpoint on suid boundary
steel rail set in concrete at a i tmark;
distant one hundred feet back from
crirectionufol owin4; by
thence in a general eo.atwardly to the
the windings of the shore at intlov-swlx water mark,
magnetic
place of beginnin{;. All bearir ;
of A.D• 1U3�• "
131c IT FURT11FE 013DA11n.-D by the town council of the
Town of yew ,-Iaterford that, notwi ti.istanding anything in.the
proclamation incorporating,
said Town, or in any by-law or
ordinance heretofore paused by the council of said Town,
the her; in an above described boundaries and the land
area includea within saMe E I,E ll be, an° for all purposeS
/�D shall be deemed to be the boundaries and land
—� area of the Town of New viaterford.
passed acid auopted at a meetitl; of the town council
of the Town of New 1:aterford Held on Ltie / - day of
October, A. D,
I.,k
..�.
1,ay or
A -7 _ ---
X-
... . . . . �� .. .
Town clerk•
aa�''•17P' ni. 'lR�1S.,
TOWN OF N32NV WATFIRFORD,
OFFICCE OF T0::2; CLERK.
I, the undersigned Town Clerk, hereby CERTIFY
that the foret oin& By-law respecting Town Boundaries
was duly passed and approved at a meeting of .the
Town Council of the Town of vew Waterford held on
the /.T day of A D. 1935.
Dated at idew 17aterford. 1:.0- , this �G day
of A. D. 19.35-
Town Clerk,
New Y'aterford, N.S.
-gni �q', , �e.
ins
it
w rrjQ 4 h
2 Obi W ' W i
VJ F 0 ti
=
_ � •• ��•• iii Z o Z
��• tl
103 (^�� 11oo m o
r
t. .
I
Y
q
UL
b
pp N
P 1
Cl
LSD .
�t DD c
ti u
a +
+y'
'� •1'� fYo OL)M
ota
•4
ft
- oR�a�i✓As,
IB Tn., UATTYR of "The Tovms' Incorporation Acto, being
Chapter 84 of the Revised Statutes of Nova ^coria, and
jr, THS:. RAS g of the Accepted Location of the Wcateirn
Boundary of the Town of itew waterrord.
^PETITION TO TOM, COUXCIL
-----------------------------
:O T1IIi HAYOR AM) TO'•'.T COUNCIL OF Mil' TO"'W OF
NEii y.ATL'RL�ORD, IN TFII: COUI;T" OT CAPI. W.TOr.
Cl:t::71•:1u2:N
T1II: P1:TITIO]7 of the unue:rt:i,,ned Owners. or duly
authorized aE;ento of owners of roil. property in the 1'istrict
add oinlnE; tiie recot nizect and accc.pted wcu tern boundary of
the Town of New Waterford, ar,c. cot.:jistiiV; of a tract or
parcel of land ten and one half cuainu wide, mors or less,
occupied by James UacNeil urs hie heirs, and beirk. the
western portion of lands situate at Lir4_an. 13arras.ois,
in the County of Cape Breton. E;ranted by tho Crown to
Thomas samucl Barn in 182.5, anti running alonE; tt►e whole
length of the reco,;nized and accepted western boundary of
the Town of New cgateriord frow the ueaaltore: to the rear
of the front grown !arid grur:to.
5111—ITH
1... That in the proclamation incorporatinE; the Town
of New Waterford. the western boundary of sa.ic: Town vias
erroneously described as the northwestern boundary of lands
granted to Thomas, Bown in 1825, instead of the eastern
bounuary of the ubove mentioned tract or parcel of land.
2. That ever zinc,. the: Town of I;ow ;:'utcrford was
incorporated in tlte: month of ;;e:ptember 191". the: recoE;nized .
nt. accepted western boundary of the 'Coati ttau been the
ti
eastern boundar of the above mentione-d tract or Marcel of
land, and the TOM has never exerciuLc: any authority or
jurisdiction in or over the same or any part thereof.
3. That when the poll of ratepaycrt: on the question
of the incorporation of the Town of New Waterioro wits taken
in 1913, the: names of the ratepayers in ri d(i uistrict were
not included in ttte voters list prepared for that purpose,
end none of the ratepayers or proE,crt;; ov,ntru in said
aistriet voted on the question of the incorporation of
saki T01411.
4. That tht r'unicil:u:ity "� the (;ounty of Cape Breton
ha,c alwsye exerciue u auu.ority t,ric juri-,iLiction is, ana over
the said c:istric::, uta.: the initaU1tantu arc. propirt; owners
jr. e;<:.16 aistrict ►cave: iil-uay: tx L1. L'cccj.Led unc. reco,,nize.d
a. rtuiaerts anu ratcpayerc: of ;'unic:ii,::l ;:istrict 1:0• 20.
ir. the 1:eunicipality of the Cc,ur,z;: c:1` Curt ];scion.
b. That teic inhabitant- :use. 1,ropt r-u„_ owner:: in said
diatrIcz. l►avL never bear, rate,e. 01' a.,sc ut:cL uy ark. have
never paid tars of tiny hircic. ;,o the. ;'oc:r. of 2'cyj '7aterai d,
but they have: ul-.Iays been ratea tins uuseuued in ar,c: paid
taxes to tk,e: 1nunicipality of tete: (,cunt of Cale Breton, ppm
- •'nu�: an•li - r�.:11,?'�� -•-+'wr!+,.� "..y�,r`.+...��'ii��-. -.,.�.'1711�Q�!s..- - --_.�.__''
and have always voted in and exerciaed all other their
rights and franchises in said IpAnicipal District NO. 20.
6. Y01JR In:TITI01&'Wi. 711ERFFORI:. PRAY, that the
boundaries of the Town of 14ew V;ateriord. ae described in
the proclamation incorporating suid Town, be diminished
or otherwise ctaan(;ed su ali to exclude therefrom the district
or tract of land ten and one half chuins nide, more or less,
occupied by James Mar-17eil and his heirs. and being; the
western portion of tlac said lands granted to Thomas Ssmuol
Bown as aforesaid; and that the Town Council of the Town
of now waterford.do forthwith paus a by-lar fixing and _
locating the western boundary of the said Town aloni; the
line hcreLofore ruse, alNaayea aaccuytcd III recok;nixod au the
western boundary of said Tov:n. an(. take all asucia other
steps a1:a ma be seemed prol,er and necessary in the premises.
Dated the ��- cin;, of Aulutat, A. D. 19Zb- and we
have signed:
VAUR ADDRI-SS OCCi,�,iPATION
41�
Azze
Ole f- Alz_/�......
�� a;� '
. .. . . . ... .. . . . . .....
. . . . .- �� . . .. . . . . . . . - ►..... .a�.f. ��.�
. . . . .. -L= . . . ............ ,• ....'..... •..�%/ Lir
. . .............:•. _.... .. .. .�. .
.. . .a: . J ..............-. . . .re . .........^:.....
!� "�'�. . . . . . .... .... .. . . .'... ... ... H . ....
. . . . . ... . . . . `/... ....... J ......,,,...///•
•I ^ / _ Ir/
-C�� 5 . . . . .. . .... ..... . ..:: . . . . . .
. . /.!•'�/.' � ... . . .......... ... . . . . . . . . . .............
Z!ez ...........~ . .. . . . .��. . . . . . . . . . ...
Ar
Air
. . . . . . . .. . . . . .. .. . ... . . . .. . . . . . . . . . .. .. .
�. . . . . .. . . ....�r.......
. ...7V. . . .c�YJ . . .. . . . . . . . . . . '
. . . . . . . . . _ . . �I. . . . . . . .. .. .... ..... .. . . . . . .
.
. . . . .` `•i``— - . . . . - . . . . . . . .��. . . . . . .. . . .. . ......
. . . . . . . . . . . . .. . . . , .. . . . . . . . . .. ... . . .... .. ... ... . ... ..............
.... .. . . ... ..
P.O.
NAME ADDR XiS
.................. .. ............ ...... ........ .................
.................
.............. .... ....... . ...... ... ..... ..... ...
... . ................. ..... . ........ .. . ......... ....
............. .................
. . .. ............. ... ...... ..... ... . . . . ..... . . ...... .................
.. ........... . . . . .... .................
. .. .. . ... ..... .... ...........
.......
.+�.
CANADA.
Province of Nova Scotia.
County of Cape Breton,
Town of New Waterford.
TATUTOIT DECLARATION
-------------------------
I, of liew waterford. in .the
County of Came recon, do solemnly declare
as follows;
1. That I personally circulated the pctition attached hereto
among; the owners of real propert� in the district described in
said Petition as adjoining the acccl:ted western boundary of the
Town of New T;aterford, and that eacli of' the said petitioners
signed the sake in my presence.
2. That the said petition it; ei j ned by two-thirds of the
owners or duly authorized aL.ents of owners of real property in
the district proposed to be taken from the Town of New llaterford.
by rcctifyirC the error in the deucription of the boundaries of
said Town a; set forth in the Proclamation of incorporation.
AND I make ttiiz solemn ueclaration conscientiously believing
it to be true, arc: knowing that it is of thL. same force and
effect as if made under oath and by virtue of the Canada ,
Evidence Act.
. ...�G ..`../ .. `.7 ........
Icclarant.
Signed and declared before me at ;;ev 1^.ateriord, in the
County of Cabe Breton. this 2/ -U day of Aul uct. A.B. 1935.
.L:k,istrate in and for•
]:LV.' c,atcrf,.rd. in the
c;uu r;L,, c f (:r..iA Litton.
yan���. .•.b.�.M N' •�' / r- !;4 ��0t+'.-0'�y-'
d 2 O Q C
tc
W W
41 W w� rw wru r,,
fj
Lj El
WAV
d cti
r
}
0
' +
r
1
,!� � l�rbwrr Nr ,I •.
k:.
IN THE MATTER of "The Towns' Incorporation Act",, being
Chapter 84 or the Revised Statutes of Nova Scotia, and
IN THE MATTER of the Re-location of the boundaries of
the Town of New Waterford, at the southeast corner boundary
thereof.
-----------------------------
PETITION TO TOWN COUNCIL.
------------------------------
TO THE MAYOR AND TOWN COUNCIL OF THE TOWN OF
NLM WATERFORD, IN THE COUNTY OF CAPE BRETON.
GENTLEMEN=
THE PETITION of the undersigned Owners, or duly
authorized agents of Owners of certain lands situate, lying
and being at or near the southeast corner boundary of the
Town of New Waterford, and more particularly shown, marked
and designated by heaG coloured lines on the plan attached
hereto and prepared by D. S. Morrison, C. E.,
SHEWETH:
1. That in the Proclamation incorporating the Town of
New Waterford, the boundaries of said Town at the southeast
corner boundary thereof are faulty, irregular and difficult
to. locate, and it is desirous that new boundaries be located
and permanent monuments placed in accordance with the survey
and plan recently made and prepared by Mr. D. S. Morrison
at the request of the Town.
2. That the area affected by the change in said
boundaries is for the most part wild and uncultivated land,
with no building or .other improvements thereon except a small
cultivated portion consisting of about one-half an acre.
3. That the present faulty and- irregular boundaries have
given rise to and will continue to give ease to disputes and ,
uncertainty as to whether the lands adjacent thereto are in
the Town of New Waterford or the Municipality of the County
of Cape Breton, and it would certainly be in the best interests
of all concerned to have straight and clearly defined boundar-
les as contemplated by said plan and survey.
YOUR PETITIONERS, THEREFORE, PRAY that the boundaries
of the Town of New Waterford at the southeast corner boundary
thereof, as described in the Proclamation incorporating said
Town, be increased, diminished or otherwise changed in
actor dance with the. attached plan and the description prepared
therefor by D. S. Morrison, C. E. , and that the area of said
Town be increased, diminished and otherwise changed by adding
de and taking therefrom
A_te omColouredhe cts of lines onnd.saidoplan. ANDD FURTHER
designated in /uoG
that the Town Council of the Town of New Waterford do forthwith
�: i t's.1.'V�.-�-~ a `b.�It 'f*.f'a4_S .ten#fin,. •.aV+an^.R W<y�•7H�@3.'.x....b*.d�.�^",
�+. { r
pass a by-law fixing and locating the said boundaries in
accordance with said plan and the description prepared
therefor by Mr. Morrison, and take all such other steps
as may be deemed proper and necessary in the premises.
DATED the r day of September, A. D. , 1935, and we
have signed:
NAME P.O. ADDRESS OCCUPATION
• ... ............
..... ... ... .. . . .... ... .. ..... .................
. . . ....................... ... ..............
... ..... .............. .... .................
. . . . ........... .. ... . .... . ...... .... ....... .................
.. ........................ .................
......... ..... ...............�i
. . . . . . ... . . ........ .. . . ... .... . ..................
...
. . . . ...................... .......... ........... ..................
.. .. .. .. ............ .. . ... ..................
.. . .. . . .. .......... .. .... . .... ........ . . ... ... .... ..................
... . . .. ........... ........ ............ ........ . ... ..................
... . .. . . . .... . .... .... . . .. ....... ... .... ... ..... .. ............ .. ....
.. . .. .. ............... .. .. ... . ....... . .. . . .. . ... . . ..................
.. . . . .. .. . .... ........ . . .. ..... . . . ... . . . . . . . . ... . .. ..................
yT':' f.'v'..p JYI,yjfyy, �`w.�y�n•: •gt��1k {r�r� � .. ._;�_... ��'. .'�.:... ..... ...:.!w.. .
.`.�Cpn'^\3Ld' `"'.� h�;i:.-'.... ,7'\�� F•ti __ �; ...L7r_.-v:..+.+>.__.•r'x` M.+m....-..... ^'2�'A.:F �
Town of New Waterford. APPROVAL:
By-Law #43 Council Jul._ 17/85
Miniate.r. Oct.. 2.3. .85
BY-LAW TO CLOSE A PORTION OF ROSS AVENUE
RESOLVED by the Town Council of .the Town. of New
Waterford pursuant to Section 169, of Chapter 309, of the Revise-
(' Statutes of Nova Scotia, 1967, the Towns Act, that the following
by-law be and the same is hereby enacted and that the Clerk be ana
t is hereby instructed to forward same to the Minister of Municipal
!; Affairs and the Minister of Highways with a request for their
ij approval hereof.
1. That Council do close to- public use: .
H .
a. the abandoned portion of the street named Ross
Avenue running from the northwest side of Willow
Street northwesterly and to the southeastern most
boundary of land of the Town of New Waterford being
occupied as Francis McKinnon Memorial Field.
a
±� 2. That the portions thereof hereby closed to public use
j!
jl pursuant to Section 1 of this by-law is more
particularly described in the Schedule "A hereto
attached.
If
3. . That the street as described in Schedule "A" of the
i
�i by-law be closed and that all right of public use
liheretofore as a street in the lands heretofore more
particularly described are forever extinguished and
the. said Town may sell and convey the Street or any
C
ii portion thereof.
i�
jj DATED AT New Waterford, Nova Scotia, this 9th day of July, 1985.
ij THIS IS TO CERTIFY that the foregoing is a true copy of a by-law
duly passed at a duly called meeting of the Council of the Town of
New Waterford duly held on the 9th day-of July, 1985.
�j
GIVEN under the hand of the Clerk and der the Seal of the Town of.
" New Waterford the 17th day of July, 98 .
j
T N C ERRY RYAN
-
j
:i
II
1�
i
SCHEDULE "A" i
j
ALL and singular that certain piece, parcel or tract of land
situate, lying and being on the northwestern side of Willow
Street, formerly Clogham Street, in the Town of New Waterford, I!
County of Cape Breton, Province of Nova Scotia, and being that
portion of the abandoned Ross Avenue that runs in a north-
westerly direction from the northwestern side of Willow Street,
and being more particularly described as follows:
BEGINNING: at the point of intersection formed by the north-
western boundary of Willow Street, formerly known
as Clogham Street with the southwestern boundary
of Ross Avenue as described in a deed from. the
Dominion Coal Company Ltd. to the Town of New
Waterford, which deed is recorded at the Registry
of Deeds in Sydney, Nova Scotia, in Book 494, at
Page 642;
THENCE: in a northwesterly direction along the said boundar
of Ross Avenue a distance of 100' more or less to
a steel fence marking the southeastern line of the j
Francis MacKinnon Memorial Field.
THENCE: in a northeasterly direction along the said last
desdribed lands a distance of 50' , more or less,
to the northeastern most boundary of Ross Avenue as
described in a decd from the Dominion Coal Company
Ltd. to the Town of New Waterford, which is
recorded at the Registry of Deeds, in Sydney, Nova
Scotia, in Book 494, at Page 642;
THENCE: in a southeasterly direction along the said boundary
of Ross Avenue a distance of 100' more or less to
the northwestern boundary of Willow Street;
THENCE: in a southwesterly direction along Willow Street
a distance of 50' to the place of beginning.
Being a portion of the lands described jn the deed from the
I
Dominion Coal Company Ltd. to the Town of New Waterford, which i
deed is recorded in Book 494, at Page 642, at the Registry of II
I Deeds, in Sydney, Nova Scotia. �:
TOWN OF NEW WATERFORD
BY-LATIT-NO:. '10 APPROVAL
RULES OF ORDER Council
Minister .4
1. At the first Council meeting after the municipal
election, the. Council shall be organized by administering the
required oaths, and the further business of the meeting shall
then be proceeded with according to the order of business
provided by this by-law.
2. At every meeting, as soon as there is a quorum, the
Mayor shall take the chair; however, if the Mayor is unavail-
able, or with the consent of Council, the Mayor may allow
the Deputy Mayor to chair the meeting.
3. If neither the Mayor nor the Deputy Mayor is in
attendance, and there is a quorum, the Clerk shall call the
meeting to order and the Councillors present shall appoint one
of the members present, chairman, and he shall preside during
the meeting or until the arrival of the Mayor or Deputy Mayor.
.4. If there is not a quorum within thirty minutes from
the time .appointed for the meeting, the Clerk shall call
the roll and the meeting stands adjourned.
5. Minutes of the proceedings of every meeting .of the
Council shall be drawn up and fairly entered by the Clerk in
a book kept for that purpose by him, and such book shall be
properly indexed.
6. Such minutes shall:-
a) contain all resolutions and motions passed, with
the names of the movers and seconders;
b) contain a summary of the discussions and issues
which take place;
c) mention reports, petitions and other papers
submitted to the Council only by their. respective .titles, or
by a brief description of .their report,. except accepted reports
which shall be entered at length; all written reports sub-
mitted to Council shall be kept on file at Town Hall.
7. Unless objections are taken to the minutes when read.,
they shall be deemed approved and shall be signed by the Mayor
-2- -
or Chairman of the meeting. If any objection is made thereto
the member making it shall state his grounds without comment,
and if the Council acquiesces, the minutes shall be amended
accordingly. If.all the members do not acquiesce in the
proposed amendment, a motion must be made and seconded to
amend the minutes in accordance with the objection, which shall
then be debatable.. All minutes shall be certified by the
recorder or clerk.
8. The order of business at a regular meeting of the
Council shall be:-
a) Prayer.
b) Delegations.
c) Motions of Reconsiderations.
d) Minutes for approval.
e) Business. arising out of the minutes.
f) Bills for approval.
g) The reading of "memorials, petitions, correspondence,
and other papers and their reference by the chairman to the
appropriate committee without motion.
h) Reading and discussion of reports.
i) Motions by members and notices of motions.
j) New or miscellaneous business.
k) Questions by members.
9. The provisions of Section 10 of this by-law may be
altered if by majority vote the Council so directs.
10. At a special meeting the order of business provided
by these rules shall not apply, but the Council shall proceed at
once to the consideration of the particular business for which
the meeting was called. If there is more than one item of such
business, the chairman shall designate the order in which the
same shall be taken up.
11. Every petition, memorial, or other document submitted
to the Council by -some Councillor shall.be examined by that
Councillor before presenting it, and endorse the same with his
name, and be answerable that it does not contain any impertinent
-3-
and improper matter and that it is respectful and proper in
its language.
12. Every document intended to be submitted to the
Council must be plainly printed or written and signed by at
least one person.
13. It shall not be necessary to read otherwise than
by title any.petition, memorial, or other paper when first
submitted, . or any report or other document of which a copy has
been furnished to the Councillors unless the Chairman. directs,
or not less than three Councillors request, that it shall be
read in full.
14. The Clerk shall prepare a list of -all business
to be dealt with, including, deferred business, any notice of
motion, motions to be reconsidered, or any other motion of which
notice has been given, and a copy of such list shall be furnished
to each Councillor along with his/her notice of the meeting.
The Council. by a majority vote may at any time direct that any
item of deferred business, except an item which has been deferred
to a.specified. time, maybe taken up.
15. No. person not a Councillor, shall be heard without
the permission of the Council.
1.6. Any Councillor when about to speak shall rise .and
address himself to the Chairman. He shall confine himself to
the question under debate, and avoid personalities, and not
refer to any Councillor of the Council except in a respectful
manner.
17. If two. or more Councillors rise at the same time
the Chairman shall decide which shall be heard.
18. No Councillor shall speak longer than ten minutes
at one time, or more than twice on any motion and once on any
amendment thereto. and. any member speaking after an amendment
has been. moved shall be deemed to be speaking to the amendment.
19. No Councillor shall. rise from his seat except for
he chair, or shall interrupt any
the purpose of addressing t
Councillor while .speaking,, except to ask an explanation or ask
-4-
leave to explain'.or to take a point of order.
20. .The Chairman may call any Councillor to order, at
any time and any Councillor may raise a point of order.-
21. If a Councillor when speaking is called to order,
he shall, subject to his right to discuss such point, take
his seat until the point has been determined.
22. Any Councillor may with the permission of the
Chairman, have leave to explain, but any remarks so made shall
be strictly confined to the explanation desired, and shall not
be of a controversial character.
23. The Chairman shall decide all points of order
and may state his reasons for any such decision.
24. If any Councillor uses insulting or improper
language to the Chairman or any Councillor and refuses to
apologize when so directed by the Chairman, or willfully obstructs
the conduct of business and refuses to desist when called upon
to do so by the Chairman, he may be ordered by the Chairman
to retire from the Council for that meeting, then if he refuses
to do so, he may on the order of the Chairman be removed from
the meeting by the police. Any Councillor so removed on making
an apology to the Chairman and to any Councillor insulted by him,
may by a vote of the Council be permitted to resume his place.
25. An appeal shall lie to the Council from any
decision of the Chairman on a point of order, or ordering a
Councillor to retire from the Council or from the meeting when
in progress. Such appeal shall be submitted by the Chair to
the Council by the .question; "Shall the decision of the chair
be sustained"- and - shall be decided without debate. The
Chairman shall be guided on the point by the vote on such
appeal and rule accordingly.
26. Any person interfering with the business of the
Council or acting in a disorderly manner may, upon the order
of the Chairman be removed .from the Council.Room or the
Town Hall by the Police.
-5-
27. Except as to minor observations on any matter
before the Council or when stating his reasons for deciding a
point of order, the Chairman shall not take part in any
discussion without leaving the Chair, in which case he shall
be subject to the regular rules of order. In such case the
chair shall be filled while the Chairman is taking part in
the discussion by the Deputy Mayor, or if the Deputy Mayor
is absent, by a Councillor requested by the Chairman to take
the chair.
28. When a question is regularly under debate, no
other question or motion shall be entertained until it is
decided, except it is:-
a) A motion in amendment of the original motion;
b) a motion to refer the question, including the
motion and amendment, if one is moved, to any standing
committee or a special committee.
c) a motion to defer the consideration of the
question either indefinitely or to some time named;
d) a motion to close the debate at a specific time;
e) a motion that the question be now put; or
f)-a motion to adjourn.
29. When any one of the motions enumerated in the next
preceding section has been made as an amendment to the original
motion, no other motion may be made as amendment either to
the original motion or the amendment except
a) to refer to a board or committee;
b) to defer the consideration thereof;
c) to close the debate at a specific time; or
d) that the question .be now put; or
e) to adjourn;
any one of which may be moved either. to the original motion
or to any amendment thereof.
30. A motion—
a) that the debate .be closed at a specific time; or
b) that the question be now put; .
-6-
shall be put to the question without further amendment or debate,
but a motion that the question be now put shall not be put
until after every member who has not spoken on the question and
claims, a right to speak has been heard.
31. A motion that the question be now put, until it
is decided, shall preclude all amendment of the main question,
andshall be put without debate in the following words: "That
this question be now put". If this motion is 'resolved in the
affirmative, the original question shall be put forthwith,
without any amendment or debate; but if each motion is
received in the negative, the main question may then be
debated and amended.
32. A motion to adjourn shall always be in order,
except when a Councillor is addressing the chair.
33. No Councillor shall leave the Council before the
close of any meeting without permission of the Chairman.
34. No question shall be debated or voted on unless
a resolution in respect thereto has been moved and seconded.
35. The Chairman and/or any Councillor may require
that any motion shall be reduced to writing and signed by the
moven and seconded before being debated.
36. Any Councillor may require the division of any
question when, in the opinion of the Chairman, or on appeal in
that of the Council, the sense will admit of it.
37. No debate shall be allowed on any motion of
adjournment, or upon.a motion that the question be now put, on
a motion to. reconsider, or for leave for any person to address
the Council, or to change the order of business, or to speak
more than the prescribed number of times.
38. Before putting any question to vote, the Chairman
shall state the same clearly and ask the Council if it is
ready for the question provided that in. any matter on which there
has been no discussion, the Chairman may ask if there is any
objection to the resolution, and if none is made, declare the
motion carried.
-7-
39. Every question shall be decided by a vote of
yeas and nays, or by a show of hands, and the Chairman shall
state .whether in his opinion the motion has been carried or
defeated, but any Councillor may call for names on the division,
in which case the vote. of :each Councillor shall betaken and
recorded in the minutes, and the question decided accordingly.
40. If the Chairman is. of the opinion that any motion,
of .the moving of which notice has not been given, is of such
a charactered or importance that discussion should not proceed
without opportunity for further information or consideration
thereof, the Chairman shall direct that the motion be put in
writing, and that the consideration thereof be deferred until
a subsequent meeting, in which case such motion shall operate
as a notice of the motion.
411. Subject to the provisions of the next succeeding
rule, any Councillor may at any time move that the order of
business be suspended to permit him to introduce a motion, and
the Council by a majority vote may grant such permission. .
42. When a motion has been moved and seconded it
cannot be withdrawn except by the leave of the Council.
43. Any Councillor may have the motion under discussion
read at any time during the debate on the same.
44. After the Chairman has asked the Council if it is
ready for the question and has begun to take the vote, no
Councillor shall be permitted to speak. while the vote is being
taken.
45. After any matter has been decided in the affirmative,
any Councillor may at the .meeting at which the same was decided,
give notice of reconsideration thereof. At the next meeting
of the Council (other than a meeting specially called for the
consideration of a particular item of business) immediately
after the calling of the roll, and 'before any other business
is considered, the giver of such notice, or in his absence any
other Councillor on his behalf, may briefly state his reasons
for reconsideration, and if the motion to reconsider is
-8-
seconded, the same shall then be put to vote without further
debate, and if carried, the question so reconsidered shall
then be read and disposed of.
46. If the motion to reconsider is not made at the time
so fixed, or if the Council refuses to reconsider, or if after
reconsideration, the question is again decided in the affirmative,
no other motion to reconsider or rescind, or to. reconsider the
motion, refusing to reconsider or rescind, can be made within one
year except with the unanimous consent of the Councillors of the
Council present.
47. If the next meeting of the Council, after the
meeting at which a notice of reconsideration was given, is one
called for the consideration of a particular item of business,
a motion of reconsideration may, with the consent of two-thirds
of the. Councillors present, be made at such meeting immediately
after the completion of such particular business or may at the
option of 'the giver of the notice, be made at the next meeting
called for the transaction of general business.
48. A notice of motion to consider or rescind shall
not have the effect of delaying or impeding any action necessary
to give effect to any .resolution unless the Council otherwise
orders. A motion to stay proceedings on such resolution
pending the consideration of any such notice, and if seconded
shall be put to vote at once without any debate.
49. No motion to rescind any resolution of the Council
shall be made unless notice of the intention to move the same
ha.s. been given at a meeting of the Council previous to that
at which the same is moved.
50. For the purpose of eliciting information in respect
to any matter.ralating to the business of the Town any Councillor
may, atthe time appointed by the order of business, put any
` question to any official of the Town or Chairman of any
committee or board, but any such question shall be stated simply
and concisely. without any comment, and shall be .reduced to
writing if the Chairman so directs, and no comment or debate
shall be permitted on the answer thereto.
-9-
51. When the consideration of miscellaneous business
is reached, the Chairman shall have precedence in bringing
before the Council such matter as he deems expedient.
52. If any question arises not provided for by the
foregoing rules, the same shall be decided according to
Bourinot's Rules of Order.
53. Any of the foregoing rules may be suspended in its
operations by the unanimous consent of the Councillors present.
I,..Jerry .Ryan, Clerk of..the Town of New Waterford,
do: hereby certify that the foregoing is a true
copy of a By-law duly passed at a duly called
meeting of the Town Council of the Tdwn of
New Waterford duly convened and held on .thawd
day of �!►��^ � A.D. , 19F�l
DATED at New Waterford, Nova Scotia this /S�
day of if A..D. , 19
RY - TOWN CLERK
Recommended .for approval with -an amendment.
F. Robertson
Approved pursuant to Section 24 of .the Municipal Affairs
Act with the `following amendment.
Section 9 :1s amended in line one by deleting
tHe.reference:to "Section 10" and replacing
it 'with a reference to "Section 8"
k.
Dated a Hal fa C ay of A�4S1985.
Th _ cI n s
ter of Mun cipal Affairs
TOWN OF NEW WATERFORD
APPROVAL
BY-LAW '#32 Council 1969
STREET CLOSING
Minister 1969
RESOLVED by the Town .Council of the Town of
New Waterford that the following By-Law.be and the same is
hereby enacted and that the Clerk be and he is hereby instructed
to forward same to the Minister of Municipal Affairs with a
request for his approval hereof.
1. The .following technically dedicated as public streets
of the Town of New. Waterford, but never used as public streets
and not now intended to be used as public streets, are hereby
closed:
"All streets that (a) may have been dedicated
before the coming into effect of this By-Law, and
(b) lie within the area .now bounded by ..the
N/W side of Thompson Street
S/E side of King Street..
W/W side.of Nicholson Strbet, and
N/W side of Beaton Street.
excepting only (1) Acadia Street, As shown on the
plan recorded in the Registry of Deeds, Sydney,
N.S., as "NW35 of Sub-divisions of the lands of
Rev. John Nicholson and L.X. MacDonald, by
Elson Adams, P.L.D. and (2) Acadia Street, as now
('in 1969) used and physically located, and (3)
Monastery Lane as now (in 1969) used and physically
located."
The Ministers of Highway and. of Municipal Affairs
Province of Nova Scotia
BY-LAW TO CLOSE A PORTION. OF IRISH BROOK ROAD
4-9
RESOLVED by the Town Council of the Town of New Waterford,
persuant to Section 169, of Chapter 309, of the Revised Statutes
of Nova Scotia, 1967, the Towns Act, that the following by-law be
and the same is hereby enacted and that the Clerk be and is hereby
instructed to forward same to the Minister of Municipal Affairs
and the Minister of Highways with a request for their approval
hereof.
1. That Council do close to public use:
a) the abandoned portion of the street named Irish Brook
Road running from the northeast side of Ellsworth Avenue
north easterly and south easterly to the existing Irish
Brook Road.
2. That the portions thereof hereby closed to public use
pursuant to Section 1 of this by-law are as follows:
ALL AND SINGULAR THAT CERTAIN PIECE, parcel of tract of land
lying and being situate on the north eastern side of .Ellsworth
Avenue, in the Town of New Waterford, County of Cape Breton,
Province of Nova Scotia, and being that portion of the
abandoned Irish Brook Road, that runs from the north east
side of Ellsworth Avenue north easterly and south easterly
to the existing Irish Brook Road and being more particularly
bounded and described as follows:
BEGINNING: at the point of intersection formed by the northeastern
boundary of Ellsworth Avenue with the north western boundary
of lands conveyed by Frank Kiss to John Horwath by deed
dated July 24, 1935, and recorded in the Registry of Deeds
Office, Sydney, N.S. , in book 344 page 509, said point being
norht westerly when measured along the north eastern boundary
of Ellsworth Avenue, a distance of 63.2 feet from the point
of intersection formed by the north eastern boundary of
Ellsworth Avenue with the north western boundary of Irish
Brook Road;
. ../2
-2-
THENCE: N- 480 1.0' W,. along. the north eastern boundary
of ,Ell.sworth Avenue, a distance of 16.2 feet to the point
of intersection formed by the north eastern boundary of
Ellsworth Aven.ue,. with thesouth eastern boundary of Olive
Street;
THENCE: N: 40 0 3.0' E, along the south eastern boundary
of .Olive Street a distance of 240.0 feet to a point on the
north eastern boundary of the abandoned Irish Brook Road;
THENCE: south easterly, along the north eastern boundary
of the abandoned Irish Brook Road, a distance of 106.5 feet
more or less to a point on the northwestern boundary of the
existing Irish Brook Road;
THENCE: S 470 05' W, along the north western boundary of
the existing Irish Brook Road, a distance 40.0 feet to the
most eastern corner of lands conveyed by Balink Kacsmarik
to Simon LeFort by deed dated September 4, 1946, and
recorded in the Registry of Deeds Office, Sydney, N.S. in
book 438, page 376.
THENCE: N 480 10' W, along the north eastern boundary
of lands conveyed to the aforesaid Simon LeFort and along
the south western boundary of the abandoned Irish Brook Road,
a distance of 70.5 feet to the most northern corner of the
lands conveyed to the aforesaid Simon LeFort;
THENCE: S 45000' W, along the north western boundary of
the lands of .the aforesaid Simon LeForte, and along the north
western boundary of lands of the aforesaid John Horwath, and
the south eastern boundary of .the abandoned Irish Brook Road,
a distance of 200.00 feet to the point of beginning.
ALL bearings are based on Transverse Mercator Grid North 30 Zone.
3. That the street as described in Section 2 (a) of the By-law
be closed and that all right of public use heretofore as a street
in the lands heretofore more particularly described are forever
extinguished and the said Town may sell and convey the Street or
any portion thereof.
DATED at New Waterford, Nova Scotia, this 4th. day of November 1980.
BE IT RESOLVED by the Council of the Town of New
Waterford, that the following by-law is hereby enacted and
that the Town Clerk forward two copies of it to the Minister
of Municipal Affairs for his approval.
BY-LAW RESPECTING TAX EXEMPTION FOR PROPERTY USED FOR CHARITABLE
PURPOSES
1. This by-law shall be known as Tax Exemption for Charitable
Properties By-Law.
2. In this By-Law:
(a) "Charitable Property" means property used directly
and solely for a charitable purpose, of a particular charitable
organization registered as such under the Income Tax Act
(Canada) and regulations made thereunder.
3. Subject to subsection (2) hereof all charitable properties
named in Schedule "A" to this by-law shall be exempt from
taxation to the extent set out in Section 4.
4. No taxes shall be payable on the properties named in the
Schedule "A" to this by-law.
5. If, before December lst in any year any charitable property
named in the Schedule "A" to this By-Law ceases to be occupied
by the owner thereof directly or solely for charitable purposes,
the tax exemption shall cease and the owner of the property
shall immediately be liable for the taxes on such property
for the portion of the year then unexpired.
2 -
THIS IS TO CERTIFY that the
foregoing is a true copy of a
by-law duly passed at a duly
called meeting. of. the.:Cduncil.
of the Town of New Waterford
held on the.�.,.._.,/_ day of Q✓ea.r.�oi.
1986.
GIVEN under the hand of the
Town Clerk and under the seal
of the Town of New Waterf rd
the ,�, day of `
1986.
V
e y R T n Clerk
SCHEDULE "A"
Property Owner Extent of Application Charitable
of Section 4 Number
land and building Maple Hill The Whole 0484873094
Maple Hill Manor Manor
1
BY-LAW
TOWN OF NEW WATERFORD
RESOLVED by the Town Council of the Town of New Waterford
THAT the following By-Law be, and the same is hereby, enacted and
ordained; and THAT the Town Clerk be, and he. is hereby, instructed
to forward same to the Minister of Municipal Affairs for his approval.
BY-LAW AMENDING THE "TOWN OF NEW WATERFORD MOTOR VEHICLE TAXI BY-LAW
originally passed and adopted by the Town Council February 20, A.D. 1951".
and subsequent amendments.
(1) Section 28 of the said By-Law as amended by the Town Council
on the 20th. day of February 1973 is hereby repealed and the following
substituted therefor:
28 (a) If there be no passenger who has an order of groceries
and the taxi makes only one stop at the passenger's request:
TOTAL
2 passengers or less $1.00
3 passengers $1.00 + .25 1.25
4 passengers 1.00 + .50 1.50
(b) If there be no passenger who has an order of groceries,
but the taxi makes 2 stops at the request of passenger or
passengers:
1 passenger, 2 stops 1.00' + 1.00 2.00
2 passengers, 2 stops 1.00 + 1.00 2.00
3 passengers, 2 stops 1.00 + 1.00 2.00
4 passengers, 2 stops 1.00 + 1.00 + .50 2.50
(c) If grocery order or orders are carried:
1 passenger with order 1.50
2 passengers, only 1 with order,..l stop 1.50
2 passengers, only 1 with order, 2 stops 2.50
2 passengers, both with orders, 2 stops 3.00
(d) Luggage of passengers in addition to above fares:
Valises or equivalent,. hand-carried no charge
Trunks, each 1.25
(e) Waiting Time:
$6.00 per hour (in addition to above fares),
2
(2) Section 33 (m) of the aforesaid By-Law is repealed hereby
and the following substituted therefor:
(m) The licenced owner of every taxi vehicle shall have
in force on the vehicle licensed and operated, public
liability, property damage and cargo or passenger hazard
insurance in the following amounts:
(i) At least $50,000 (exclusive of interest and costs)
for loss or damages resulting from bodily injury
to or the death of one or more passengers in any
one accident, and
At least $5,000 (exclusive of interest and costs)
for loss or damage to property or property. carried
in or upon the taxi cab resulting from any one
accident.
I. Francis MacKinnon, Clerk of the
Town of New Waterford, do hereby
-- -- certify that the foregoing is a_ true
DEPARTMENT OF MUNICIPAL AFFAJRS copy of a By-Law duly passed at a
duly called meeting of the Town .
Recomrnended for Council of the Town of New Waterford
approval of the Minister duly convened and held on the 16th day
Of December , A.D. 1975.
DATED at New Waterford, Nova Scotia,
APPRO tPllS - tis 13thday of January, ,A:D. ,1976.
FRANC S Mac . NON
Town e. k
Town of NewWaterford
ornce or
CHICO,of POLICE
i
NEW WATERFORD. N.S.
February 26, 1973
TAXI REGULATIONS
1. All cars will be inspected and must .be in first class
condition - otherwise no license will be issued. All
cars must be kept clean and .if found to be dirty
at any time will result in automatic suspension of license.
2. Drivers are to be clean and presentable at all times.
3. All applications are to be into the Police Department before
the 1s t. of April of each year. Applications will be treated
on a first come first served basis until forty licenses
are issued.
4. Each stand is to take turns remainin; open for 24 hours,
a week at a .time. A list will be supplied by the Police
'. Department designating which stand and dates.
S. Complaints have been received from Pensioners regarding
increased fares. (Would drivers be willin-7 to give
reduced rate to Pensioners with cards).
R. CLQ Oy the Town Council of the TOWn Of ,NOW WAterfard
the following By-Lays bs, aand the :saws 10 hOrOby, sMdtsO Ond
ordained$ And JW.T� the TOM Clerk arm, and he is hwrsby, Instructed
to forword 84MIS to that Knist®r of Municipal Affairs for his cpprovel.
ALW4 ANUDIX91 1K 9E NQ I M101169 ".9128. .901W Aull RX-68W
magag ang A.99912.91. o r 0
l
d t
(i) sowon ra .of thv said 1y-Law, as s + a: d by the Town Council
on the 20th ct y of fvOruwry 1973 is heralpy MAO that following
subatitutOO tKOXV1,001
sns; the toxt k*$ only one Stop at is srd�►r �� �rosux�i 1
28 (s) if Chord app Passenger who hs. an
y s ia�as:��a�g�r�� �rs.d��►oa�t�
U.TA,6
. 7tosa3 3 1.00
',Mh M. Liao ASAI. + .00 1.50
(s) if thsas to tip psssattgs,r who ,hQ* On 0*40-r Of 0r`0:40486,
but t team: 2 a ps at the rsqeas,ot, Or p"04"OOT, or
1.00 + 1.00 2 400 .
2400
1 pwsrqav1utt er 'er 3 «5
2 poosonproa ,only 1 with corder, 1 shop 1•150
2 004400091** Oftly 1 tvitb vrdsr, 2 stops 2.SQ
pass a.p .oa both With ard€ars, 2 stops
(0) 4v99,*94 of pe000ngers in aadditLon to: abate farss.3
VsIiass car €aivelent, hand-carried no ohsrge
Trunks, ssah 1.25
Vis) t�c.iting �i
(Z) Seation (M.) of this aforesaid y-LaW 14 rep mUd hereby
And the fallw n# tau titut-d therefore
W the 11400"0 Awn4s, of every tr .t V014,10 shall have
rt
In fo $ the V46143.8 llaan `id d t d# k
pr ► r yd Amosand Germ r pas'softor hazo d
# a Runt
of tevost stmt c to)
407 th
fdr � at dOM4,,90Cf.4 re'sait-th'O r body injury
r in
one and
tl ) 0 .1004-4 StOOO (axelusive of 4,04rnt and oto)
for UVA at, damage to propw *V pappmlty darr ped
Iy��n,y�,or Ups. t Cab b roan no fr any, one
Francis ftox irla on# Clark of the
Town of NO-w Wat-trflog-#, do twroby
Cart1f; tbw the fargoing to .a true
440,wata
counc4uly 04110.4 000 WA
il of 04 terford
duly oanvs000 anO boX4 an the 16th.. day
VA ME
at Now VOtOrfard, NOVO Scatiur
V
3th day .of 3auary, AD,,, 1976,o
Province of Nova Scotia
Department of Municipal Affairs _
P.O.Box 216, Halifax, Nova Scotia B3J 2M4
ADMINISTRATION DIVISION
June 13, 1979
Mr. Francis MacKinnon,
Town Clerk-Treasurer,
Town of New Waterford,
3371 Plummer Avenue,
New Waterford, Nova Scotia,
BIH 1Y8.
Dear Mr. MacKinnon:
RE: Amendment to Taxi By-law
4
This -amendment to the Taxi By-law was passed at a meeting
of Town Council held on May 23, 19`79. The Minister of Municipal
Affairs has approved this amendment and I return a copy bearing
his approval dated June 13, 1979.
Yours very truly,
F. Robertson (Mrs.)
Departmental Solicitor.
.FR/bma
Encl.
BY-LAW
TOWN OF NEW WATERFORD
RESOLVED by the Town Council of the Town of New
New Waterford, THAT the following By-Law be, and the same .is
hereby, enacted and ordained; and THAT the Town Clerk be, and
he is hereby, instructed to forward same to the Minister of
Municipal Affairs for his approval.
I
i
BY-LAW AMENDING THE "TOWN OF NEW WATERFORD MOTOR VEHICLE TAXI I
BY-LAW - originally passed and adopted by the Town Council
February 20, A.D. , 1951" and subsequent amendments. i
i
(1) Section 28 of the said By-Law as amended by the
Town Council on. the 22nd .day of February 1976, is hereby
repealed and the following substituted therefor:
28 (a) If there be no passenger who has an order of
groceries and the taxi makes only one stop at
the passenger's request: TOTAL
2 passengers or less $1.50
3 passengers $1.50 + .25 1.75
4 passengers 1.50 + .50 ' 2.00
(b) If there be no passenger who has an order of
groceries; but the taxi makes 2 stops at the
request of passenger or passengers:
1 passenger, 2 stops $1.50 + 1.00 2.50
2 passengers, 2 stops 1.50 + 1.00 2.50
3 passengers, 2 stops 1.50 + 1.00 2.50.
4 passengers, 2 stops 1.50 + 1.00 + .50 3.00
(c) If grocery order or orders are carried:
1 passenger, with order 2.00
2 passengers, only 1 with 2.00
order, 1 stop
2 passengers, only 1 with 3. 00
order, 2 stops
2 passengers, both with 3.50
orders, 2 stops
i
I
Town of New Waterford
By-Law
Page 2
(2) Section 33 (m) of the aforesaid By-Law is repealed
hereby and the following substituted therefor:
(m) The licenced owner of every taxi vehiQle shall
have in force on the vehicle licensed and operated,
public liability, property damage and cargo
or passenger hazard insurance in the following
amounts:
(1) At least $100,000 (exclusive of interest
and costs) for loss or damages resulting
from bodily injury to or the death of
one or more passengers in any one accident;
and
(2) At least 5,000 (exclusive.of interest and.
costs) for loss or damage to property or
property carried in or upon the taxi cab
resulting from any one accident.
I, Francis MacKinnon, Clerk of the
Town of New Waterford, do hereby
certify that the foregoing is a true
copy of a. By-Law duly passed at a
I-DEPARTMENT OF MUNICIPAL AFFAIRS duly called meeting of the Town
Council -of the Town of New Waterford
duly convened and held on the 23rd day
Recommended for
he Minister of May, A.D., 1979.
approval of t
1,
r............ .�w•.�. :- •soiic:;�r� DATED at New Waterford, Nova Scotia
this 25th day of May, A.D., 1979. .
F.PPROVED t jis, ..... : .....,day
......I9:71 ✓
`i` L �• 'Atiniew�i Mx_�r�+ wt FRANCIS MACK3NNON 1
�� Town Clerk
TOWN OF NEW WATERFORD
By-Law No_ 8 APPROVAL
TOWN CLERK AND TREASURER Council P7
. Minister&G�r�.S'�
1. 1) The Council shall appoint a Clerk, who shall be
called the Town Clerk, and shall hold office during good behaviour.
2). The.Clerk may, with the concurrence of the Council,
appoint a deputy to perform any or all of his duties, and he shall
be responsible for the acts of such deputy.
2. The Clerk, shall, unless otherwise provided by by-law;
a) be, and perform the duties pertaining to the offices -
of: treasurer of the Town;
collector of all taxes;
b) be the custodian of all the public books, accounts,
documents and records, except his own security, and shall at all
times have• the same arranged and filed in a convenient manner for
use and reference.
c) attend all meetings of the Council and be responsible
for the taking of correct minutes of the proceedings thereof;
d) attend the meeting of any committee when required;
e) attend to all correspondence pertaining to his office,
or required by the Council or any Committee;
f) give ell notices on behalf of the Town, or required on
behalf of the Council or any Committee;
g) receive all monies paid to the Town, and give and take
receipts for all monies received and paid by him;
h) each.day., other than' a bank holiday, deposit in such
chartered bank .as the Council determines, to the credit of the
Town, all monies received by him on account of the Town;
i) pay out money as the Council by resolution directs,
by cheque signed by himself or Deputy Clerk and countersigned by
the Mayor. or Deputy Mayor;.
j) keep all accounts of the Town in such books and in such
a way as is directed by the committee on finance and/or as directed
by the Province, and so as to show conveniently, distinctively and
separately, the. income from all sources, and the expenditures for
each service;
k) each year, submit to the auditors all accounts of
the monies received and disbursed by the Town during the previous
year, and,
1) perform all other duties that are prescribed by
".Town's Act", or these by-laws, or that are from time to time
required of him by the Council.
3. He shall .attend at his office .for the transaction of
public business every day, except Sundays, Saturdays and public
holidays, during regular office hours.
I, Jerry ,Ryan, Clerk of .the Town of New Waterford,
do hereby certify that the foregoing is a true
copy of a'By-law duly passed at a duly called
meeting of the. Town Council of the Town of
New Waterford duly convened and held on the
day of "/// 4 A.D. , 19
DATED at New Waterford, Nova Scotia this /^r
day of �,fc, u A.D. , 19 8
RRY AN - TOWN CLERK
Recommended f'or approval with amendments.
F. Robertson
Approved pursuant to. Section 24 of the Municipal Affairs
Act with the .f.ollowing amendments:
1. Section'.2 clause (j) is amended in line two
by deleting the following "and/or" and substitute
the following "and'.'.
Dated at ;alifax t: is �t� da €3 ak�ks� , 1985.
X�
Thom Inni
er of Municipal Affairs
TOWN OF .NEW WATERFORD
BY-LAW NO._5 APPROVAL d
TOWN COUNCIL Council % l �7
Minister
1. A Mayor and Eight Councillors or the number
determined by the Nova Scotia Municipal Board shall constitute
the Council.
2. The Mayor and Councillors shall, before entering
upon the duties of their respective offices, take and subscribe
the oath of allegiance and the oath of; office in form "A"
attached hereto or in accordance with Section 134 of the
Election Act, - Stats. N.S. 1978-79 as .amended.
3. The oaths shall be administered to the Mayor-elect
by a Justice of the Supreme Court or County Court, Provincial
Judge, or Justice of the Peace, or Clerk.
4. Such oaths shall be administered to the Councillors
by the Mayor,. a Justice of the Supreme Court or County Court,
Provincial Judge, Justice of the Peace, or Clerk.
5. A certificate of such oaths having been taken, shall
be entered by the Clerk in the minute. book of proceedings of
the. Council.
6. The Council shall meet:-
a) On the first and third Tuesday of each month at
seven .o'clock in the evening at the Town Hall, unless such a
meeting has been cancelled or suspended by motion of Council, and
b) whenever .properly summoned to attend a special
meeting..
FORM 32
SECTION 134
OATH OF ALLEGIANCE AND OF OFFICE
I, . .. . . . .. . .. .. .do swear
that I will be faithful
and bear true allegiance
to Her Majesty Queen .E,lizabeth the Second,
Her heirs and successors.
according to law,
So help me God.
And that I am duly qualified
as required by law
for the office of .. . . .. . . .. . .. . . . .. . ...
of the Town of New Waterford.
1
And that I will truly,
faithfully, and impartially,
execute the duties.of the office
to which I have been. elected
to the best of my knowledge and.ability.
And that I have not received
a
and will. not receive
any payment or reward or promise thereof
for the exercise.of any partiality
or other undue execution
of the duties of my office.
So help me God.
I., Jerry .Ryan, Clerk of .the Town of .New Waterford,
do hereby. certify that the foregoing is a true
copy of a .By-law duly passed at a duly called
meeting of. the Town Council of the Town of
New Waterford duly convened and held on the
day of A.D. , 197.
DATED at New Waterford, Nova Scotia this
day of � , A.D. , 19
E Y - TOWN CLERK
Recommended for approval with amendments.
F Robertson
Approved pursuant to Section .24 of the Municipal Affairs
Act with the following amendments:
1. Section 2 is amended by deleting the. following
"inform "A" attached hereto or".
2. Form 32 A s. not approved. '
Dated at Hali ax this: 6t� la -ef 1985.
Thomas Ji. Mc
Min Municipal:. Af airs
Nova Scotia
Department of Po Sox 216
Municipal Affairs 83Jf x, ova Scotia
902 424-4141
Fax 424-0531
Our file no: 07-93-0019
April 15, 1993
.Mr. Bernie White
Clerk Treasurer
3371 Plummer Avenue
New Waterford, Nova Scotia
B1H 1Y8
Dear Mr. White:
RE: Town of New Waterford - Bylaw #5, Town Council
The above.bylaw amendment which was adopted at a meeting of Town
Council,.held on March 16, 1993, has been approved by the Minister of Municipal
Affairs. I return to you two copies bearing his approval dated April 15, _ 1993.
Yours truly,
�James G. MacLean .
Counsel
RECEIVED
JGM/lt APR 191993
cc: Mr. Sweeney Hinchey
TOWN OF NEW WATERMIFID
®I&W on paper Net
mnUm req,lW fide
RESOLVED .by the Town Council of the Town
of New Waterford that By-Law Number 5 -
Town Council be amended as follows:
THAT subsection (a) of Section
6 be deleted in its entirety and
be replaced by the following:
"on the first Tuesday of each
month at six o'clock in the evening
at the Town Hall unless such a
meeting has been cancelled or
suspended by motion of council,
and"
i
BE IT FURTHER RESOLVED that the Clerk or
I
i
his appointee be and he is hereby instructed
to forward same to the Minister of Municipal
Affairs for his approval.
I
I
I
i
I
i
I, BERNARD WHITE, Clerk of the Town of New
Waterford, do hereby certify that the
foregoing is a true copy of an amendment
to By-law # 5 - Town Council duly passed
at a duly called meeting of the Town Council
of the Town of New Waterford duly convened
and held on the 16th day of March, A.D. ,
1993.
DATED at New Waterford, Nova Scotia,
this 17/a-day of March, A.D., 1993.
BERNARD WHITE -,TOWN CLERK
DEPAr-f:Mr.d1f MUNICIPAL AFFAIRS
Rcco ndad for
Val of the Mirdd
... ......... .......................,
!
L
APPROVD thi
Eay
of.....................f.::!!......19.9
..... .... . ..
.,.i.•••11wde1�/ARair�
TOWN OF NEW WATERFORD
By-Law No. 6 APPROVAL
TOWN MEETINGS Council .G ell
Minister
1, The Mayor shall preside as Chairman at every meng of
e i
the voters held under the provisions of any statute, and in his
absence, the Deputy Mayor shall so act, and in the absence of
both, the voters present shall appoint one of such voters to be
Chairman.
2, The Clerk shall act as secretary of every such meeting,
and in his absence, the voters present shall appoint a secretary.
3. Anybody not a voter may be excluded from such meeting.
q,. The Chairman at the opening of the meeting shall state the
time at which the vote will be taken.
5, So faras applicable, the rules of order governing meetings .
of the: Council shall apply to every such meeting of the voters,
except that there .shall be. no appeal from any. ruling of the
Chairman.
6. No resolution shall be necessary in'respect to the vote, but
before such vote is taken the secretary shall read the public
notice calling such meeting.
7. The Chairman, if otherwise qualified, shall have 'the right
to vote.
8, The Clerk shall provide an alphabetical list in triplicate
of the voters entitled to vote at such meeting; which list shall
have three columns, .one containing the name of such voter, one
headed "For", and the other headed "Against".
g, Two. tellers. shall be appointed by the Chairman before the
vote is -taken, and. each of such tellers, shall have one.of the said
lists.
10. The vote shall be taken as follows:
a) The Secretary. shall call the names of the voters as
, beginning at the first name, and
they appear,, on the said list
thereafter each following name in succession until the last name
is called; and no vote shall be taken thereafter;
.. ./2
-2-
b) every. voter so called, if present, shall vote by
rising and in answer to his or her name any "for" or "against";
c) each teller shall check on his list every name so
called by the secretary;
d) the secretary and each teller shall record such
voting by writing "F" or "A" as the case may be,• at the time each
vbte is given, under the column "for" or "against" respectively in
his list, and at the close of such voting shall sum up the
result thereof on the said list and forthwith report the same to
the Chairman;
e) the Chairman shall .thereafter forthwith announce the
result of the vote to the meeting.
11. The calling and conducting of all Town meetings of the
voters will be in accordance with Section 124 of the Town's Act.
I, Jerry .Ryan, Clerk of .the Town of New Waterford,
do.hereby certify that the foregoing is a true
copy_.of a. By-law duly passed at a duly called
meeting of the Town Council of the Town of
New Waterford duly convened and held on the low
day of //1��A.D. , 19�1�
DATED at New Waterford, Nova Scotia this./5
day ofA.D. , 19
ERR - TOWN CLERK.
DEPARTMENT OF MUNICIPAL AFFAIRS.
Recommended for.
approval of the Minister
cepa rtmental Solicitor•.
APPROVED this day
`,..,,,.._...day
of .L .�E ... .......
19.x. -
i
................ .
safer•of r cl 1 Alfalr3
TOWN OF NEW WATERFORD
By-Law No. 7 APPROVAL
TOWN SEAL Council f
Minister
1. The Town shall have a common seal made of suitable metal,
which shall have engraved upon it the following device, that is
to say: at the top, the words "The Town of New Waterford", at the
bottom, the words and figures "Incorporated 1913", and in the
centre a facsimile of the figure on the monument erected to the
memory of the men who. lost their lives in the explosion in No. 12
.(twelve) colliery, in July A.D. , 1917.
2. The seal shall be kept by the Clerk.
3. The Town seal shall be used when authorized by any Statute,
or by any by-law of the Town, or by direction or resolution of the
Council.
4. The Town seal shall be affixed to every agreement, contracf,
deed, lease or other document to which the Town is a party, or which
in order to bind the Town, requires to be authenticated by a seal.
5. The Nayor or Clerk shall affix the seal to every such
agreement, contract, deed, lease or other document, which shall
also be signed by the Mayor or Clerk, and without such authenticat-
ion no such document shall have any force or effect.
6. The following form may be used when any document is to be
so authenticated:-
IN WITNESS WHEREOF THE MAYOR and Town Clerk of the Town
of New Waterford have hereunto subscribed their hands and affixed
the seal of the said Town this day of A.D.
I,, Jerry .Ryan, Clerk of _the Town of New Waterford,
do .hereby certify that the foregoing is a true
copy of a By-.law duly passed at a duly called
meeting of the Town Council of the Town of
New Waterford duly convened and held on the'�;
day of �� A.D. 19��
DATED at New Waterford,, Nova Scotia this lf,
day of �r � A.D. , 199///
J RRY R - TOWN CLERK
DEPARTMENT OF MUNICIPAL AFFAIRS
Recommended
approval of. the Minter
.
�PParlMenta!$Of1c110I •
APPROVED
this..............
..-..day
�P I,A;falr!,
TOWN OF NEW WATERFORD
BY-LAW No. 9 APPROVAL
TOWN SOLICITOR Council //�6�10 �w
Minister a-; e
1, (1) The Council may appoint .a Barrister of
the Supreme Court of Nova Scotia of not less than two
years standing to be the Town Solicitor.
(2) He shall bold .office: in accordance with the
terms of his/her employment agreement.
(3) 7 "
The Council may also annually appoint a
barrister to be Deputy Town Solicitor, who shall whenever
thereto requested by the ' Town Solicitor or in case of
the temporary absence of the Town Solicitor from the
Town, or of his incapacity or dis-qualification through
illness, interest or otherwise, perform the duties of
Town Solicitor.
2. The Town Solicitor shall;-
(a) give legal advice and assistance to the
Mayor and Councillors and the Town Officials on the
performance of the duties of their respective offices;
(b) attend all meetings of the Council, and
of any committee when- required to do so;
(c) draft and revise all legal documents
required by the Town;
(d) act as solicitor and counsel for the
Town in all actions in which the Town is a party, or
which is: conducted on behalf of or on the part of the
Town;
(e) take charge and manage all the legal
business connected with the affairs of the Town;
(f) draft all proposed legislation on behalf
of the Town and all necessary documents in connection
therewith; and
(g) attend before any committee of the
Legislature on behalf of the Town when the Council so
directs.
,
I,•Jerry.:Ryan,.•Clerk of ;the •Town of New Waterford,
do hereby certify that the foregoing is a true
copy of.a By-law duly passed at a duly called
meeting of .the Town Council of the Town of
New Waterford duly convened and held on the 0
day of '�/ � A.D. , 19
DATED at New Waterford, Nova .Scotia this /i
day. of � °'�, A.D. , 19s7/.
J R - TOWN CLERK
Recommended for approval with amendments.
F. Robertson
Approved pursuant to Section 24 of. the Municipal Affairs
Act with the following amendments.
1. Se.etion 2, line one is amended by inserting immediately
a€:ter the.word ."Solicitor" the following "subject
to;,his contract of employment or the terms. of
hrs :retai.ner i.
�- • 1985.
Dated a Ha if ` day of . 4S 4 s r ,
J. clIl S
Biter f Muricipal' Affairs
TOWN OF NEW WATERFORD
BY-LAW NO. 18 APPROVAL
UNNECESSARY NOISE BY-LAW Council ygl6
Minister
1. For the purposes of this By-Law:
a) the expression "town" shall mean the Town
of New Waterford;
b) the expression "motorized vehicle" means
motor vehicle as defined by "The Motor Vehicle
Act" R. S. N. S., 1967, C.. 191 and mini-motor-
cycles, and other vehicles which are-not motor
vehicles;
c) the expression "unnecessary noise or
disturbance" means noise which is, not reason-
ably necessary for the normal operation of a
motorized vehicle, given time and place.
2. No person shall make any unnecessary noise or
disturbance by the means of the operation of a motorized
vehicle.
3. Any person who violates the provision of Section (3)
shall be guilty of an offence and shall be liable upon conviction
to a penalty not exceeding $1,000.00 and in default of payment
to imprisonment for a period not exceeding 90 days.
I, Jerry .Ryan, Clerk of .the Town of New Waterford,
do hereby certify that the foregoing is a true
copy of a By-law duly passed at a duly called
meeting of the Town Council of the Town of
New Waterford duly convened and held on the
day of��rf� A.D. , 19�/
DATED at New Waterford, Nova Scotia this
day o£ A.D. , 19j'/.
JE RYAN - TOWN CLERK
Recommended for approval with an amendment.
F. Robertson
Approved pur.suant to Section 24 of the Municipal Affairs
Act with the following amendment.
Section 3 is amended in line one by deleting
the reference. to "Section 3" and replacing it
with a reference to "Section 2".
Dated at Halifax this, day day of �ti54s+ 1985.
Thomas- nis
s of Municipal Affairs
AA
TOWN OF NEW WATERFORD
BY-LAW NO. 28 APPROVAL
UNSIGHTLY PREMISES
Council4/ems
- Minister
The following subsections, (2) , (3) , (4) , and (5) of
Section 222 of the Towns' Act, being Chapter 309 of the
Revised Statutes of Nova Scotia, 1967 and amendments thereto
apply to the Town of New Waterford
19 (2) No person shall
a) permit a building, fence, wharf, wall or other
structure owned or occupied by him and being within an area
mentioned in any such By-Law, to be or to become partly,
demolished, decayed or deteriorated so as to be dangerous,
unsightly, offensive or unhealthful; or
b) permit to remain on any land owned or occupied by him
and being in any such area any ashes, junk, rubbish, refuse,
cleanings of yards, bodies, or parts of automobiles or other
vehicles or machinery, or any other thing, so as to be
.j dangerous, unsightly, unhealthful or offensive.
' (3) Should a condition described in sub-section (2) arise
or exist, whether it arose before or after the passing of
this (Act.or of the) By-Law, the Council may instruct
the Clerk to serve notice on the owner or occupier requiring
i
him to remedy the condition described in the notice; such
1 notice may be served by being posted in a conspicuous place
a. upon the building, fence, wharf, wall, structure or land or
may be personally served upon the person named therein.
,. .
(4) In the event of the failure of the person so served
with notice, to remedy the condition described in the notice
within thirty days after service, any person authorized by
the Council may-enter upon the land upon which the conditions
exist, without writ, warrant or other legal process and remedy
the condition which the Council has required to be remedied;
and the actual cost of so doing. may be recovered as a debt
from the person served, by. action brought by the Clerk in the
/2
2.
name of the Town. in any court of competent jurisdiction within
sixty days after the cost is incurred.
(5) After notice has.been, served under subsection (3) any
person who permits or causes a condition referred to in this
Section or who fails to comply with the terms of said notice,
shall be liable on summary conviction to a penalty of not less
than one hundred dollars and not more than one thousand dollars,
and in default of payment to imprisonment for a period of not
less than fifteen days nor more than three months, and every
day during which such condition. is not remedied is a separate
offence".
I, Jerry .Ryan, Clerk of .the Town of New Waterford,
do hereby certify that. th.e foregoing is a true
copy of .a By-law duly passed at a duly called
meeting of the Town Council of the Town of
New Waterford duly convened and held on the o'.
day of
DATED at New Waterford, Nova Scotia this �S
day of A.D. , 19
17JERY RYAN — TOWN CLERK
DEP.=:RTMENT OF MUNICIPAL AFFAIRS
Recommended .for
appro
val Of the Minister
...:�-t'I tit 4•
onVerime.....Soil......
APPROVED this....6+�.. .....
....
of. .day
gt -
- •• ......... 1
AA
Minister o/Munktprt Att
TOWN OF NEW WATERFORD
WARD BOUNDARIES BY-LAW
RESOLVED .by the Town Council of the Town of
New Waterford that the followiftg By-Law- amendment be approved
and the same is hereby enacted and the Clerk is hereby
instructed to forward the same to the Minister of Municipal
Affairs with a request for his approval hereof.
1.) All previous Ward Boundary By-Laws are hereby
repealed and the following shall be substituted
thereof.
2.) In compliance with the order of the Public
Utilities Board dated November 5, 1981, the
following shall constitute the ward boundaries
for the Municipality of the Town of New Waterford.
A) There shall be four (4) wards in the Town of
New Waterford for the purpose of Municipal elections.
b) Ward one (1) , shall be bounded as follows:
WARD NO. 1 -
Ward No. 1 consists of the lands bounded as follows:
BEGTNNING at a point where the southwestern town
boundary intersects with the southeastern town boundary; ,
THENCE northeasterly along the southwestern town .
boundary to its point of intersection with the centreline of
Hinchey Avenue;
THENCE northwesterly along the centre line of Hinchey
Avenue to a point where it intersects with the centre line of
Currie Lane;
THENCE southwesterly along the centre line of Currie
Lane to a point where it intersects with the centre line of
Miner Avenue;
/2
-2-
THENCE northwesterly along the centre line of Miner
Avenue to a point where its prolongation intersects with the
centre line of King Street;
THENCE southwesterly along the centre line of King -
Street to a point where it intersects with the southwestern
town boundary;
THENCE southeasterly along the southwestern town
boundary to the place of beginning.
c) Ward two (2) shall be bounded as follows:
WARD N0. 2 -
Ward No. 2 consists of the lands bounded as follows:
BEGINNING at the point where the southwestern town
boundary intersects with the centre line of King Street;
THENCE northeasterly along the centre line of King
Street to a point where it intersects with the centre line of
Plummer Avenue;
THENCE northwesterly along the centre line of Plummer
Avenue to a point where it intersects with the centre line of
Mahon Street;
THENCE southwesterly along the centre line of Mahon
Street to a point where it intersects with the centre line of
the Devco Railroad;
THENCE westerly along the centre line of the Devco
Railroad to a point where it intersects with the centre line
of Heelan Street;.
THENCE southwesterly along the centre line of Heelan
Street to a point whereit intersects with the southwestern
- town boundary;
THENCE southeasterly along the southwestern town
boundary to the place of beginning.
. . /3 .
L3-.
c) Ward No. 3 shall be bounded as follows:
WARD NO. 3 -
Ward No.. 3 .consists of the lands bounded as follows:
BEGINNING at a point where the southeastern town boundary
intersects with the centre line of Hinchey Avenue,
THENCE, northwesterly._along the centre line of Hinchey
Avenue to a point. where it intersects with the centre line of
Currie Lane;
THENCE, southwesterly along the centre line of Currie Lane
to a point where it intersects with the centre line of Miner
Avenue;
THENCE, northwesterly along the centre line of Miner
Avenue to a point where it intersects with the centre line of
King Street;
THENCE, southwesterly along the centre line of King Street
to a point where it intersects with the centre line of Plummer
Avenue;
THENCE, northwesterly along the centre line of Plummer
Avenue to a point where it intersects with the centre. line of
Heelan Street;
THENCE, northeasterly along the centre line of Heelan
Street to a point where it intersects with the centre line of
Ellsworth Avenue;
THENCE, northwesterly along the centre line of Ellsworth
Avenue to a point where it intersects with the centre line of
Olive Street;
THENCE, northeasterly along the centre line of Olive
Street to a point where it intersects with the prolongation of
the rear line of the lots fronting on the northeast side of
Bay Avenue;
THENCE, southeasterly along the rear line of the lots:
fronting on the northeast side of Bay Avenue to the point of
intersection with the rear line of the lots fronting on the
northwest side of Mahon Street;
. . ./4
-4-
THENCE, northeasterly along the rear line of the lots
fronting on the northwest side of Mahon Street to its
intersection with the shore line of the Atlantic Ocean;
THENCE, southeasterly along the shore line of the
Atlantic Ocean to a point where it intersects with the
southeastern town boundary;
THENCE, southwesterly along the southeastern town
boundary to the place of beginning.
d) Ward No. 4 shall be bounded as follows:
WARD NO. 4 -
The lands contained in Ward No. 4 are bounded as follows:
BEGINNING at the point where the southwestern town boundary
intersects with the centre line of Heelan Street,
THENCE, northeasterly along the centre line of Heelan
Street to a point where it intersects with the centre line of
the Devco Railroad;
THENCE, easterly along the centre line of the Devco Rail-
road to a point where it intersects with the centre line of
Mahon Street;
THENCE, northeasterly along the centre line of Mahon
Street to a point where it intersects with the centre line of
Plummer Avenue;
THENCE, northwesterly along the centre line of Plummer
Avenue to a point where it intersects with the centre line of
Heelan Street;
THENCE, northeasterly along the centre line of Heelan
Street to a point where it intersects .with the centre line of
Ellsworth Avenue;
THENCE, northwesterly along the centre line of Ellsworth
Avenue to a point where it intersects with the centre line .of
Olive Street;
THENCE, northeasterly along the centre line of Olive. Street
to a point where it intersects with the prolongation of the
rear line of the lots fronting on the northeast. side of Bay
Avenue;
. . /5