Part 4 — Formation, Fundamental Changes and Dissolution Division 1 General Criteria
89 Contents of order
(a) describe the bound aries of the municipality formed by the
order,
(b) give the municipality the status of municipal district,
village, town, city or specialized municipality, and
(c) give the municipality an official name.
(2) If a municipal district is formed, the order
(a) must state the number of councillors that is to comprise its
council,
(b) must establish wards for it and describe their boundaries,
(c) may specify or describe by reference, the provisions of this
or other enactments that do not apply to the municipal
district, or that apply with or without modification, and
(d) may specify or describe by reference, any provisions that are
to be added to or replace the provisions of this or other
enactments.
RSA 2000
Section 89 MUNICIPAL GOVERNMENT ACT Chapter M-26
78
(3) If a specialized municipality is formed, the order must state the
number of councillors that is to comprise its council and apply
either section 150(1) or (2) to the municipality and may
(a) establish wards for it and describe their boundaries;
(b) specify or describe by reference, the provisions of this or
other enactments that do not apply to the specialized
municipality, or that apply with or without modification;
(c) specify or describe by reference, any provisions that are to
be added to or replace the provisions of this or other
enactments;
(d) prescribe matters or conditions that govern the functions,
powers and duties of the specialized municipality;
(e) if a specialized municipa lity is formed all or partly from an
improvement district, provide that Part 15 continues to
apply to the specialized municipality as if it were an
improvement district.
(4) If the order provides that Part 15 continues to apply to a
specialized municipality under subsection (3)(e), the Minister may
at any time in respect of the specialized municipality
(a) exercise any of the powers that the Minister has in respect of
an improvement district under Part 15 or any other
enactment, including the power to delegate;
(b) limit the power, authority o r jurisdiction of the specialized
municipality;
(c) prescribe how or the conditio ns under which the specialized
municipality may exercise any power or authority;
(d) require the specialized municipality to exercise or perform a
power, right or duty of a municipality;
(e) authorize the council to pas s some or all of the bylaws that
the council of a municipal district may pass, subject to any
conditions the Minister imposes.
(5) If a municipality is formed from an improvement district, the
order may dissolve the improvement district.
1994 cM-26.1 s89;1995 c24 s14
RSA 2000
May, 2026
right to use municipal property,
45(2)
subsidiary of the municipality, 45(5)
utility service as fuel, electric power
or both, 45(4)-(5)
Public Utilities Act
controlled corporations excluded
from Part 2 of Act, 75.4(1)
dispute between municipalities re
service charges, 44(3)
public utility entity
controlled corporation as entity,
44.1(1)(a)
definition
public utility entity, 44.1(1)
regional services commission as
entity, 44.1(1)(b)
regulations, 44.1
transfer from municipal public
utility, 44.1
application of Act, 44.1(3)
transfer of assets, employees and
operation to entity,
44.1(3)(a)
transfer of ownership or control to
entity, 44.1(2)(b), 44.1(3)
public vote bylaws, 234-235
amendment or repeal, 240
definitions, public vote bylaw,
234(1)
petition for amendment or repeal,
234
result of vote on question, 235
public works
liability, 532, 534
publishing of planning and
development policies on
municipal websites, 638.2. See
also advertisements; electronic
communications and records
purposes of municipalities, 1(1)(r), 3,
708.27
purposes of planning and
development, 617
railways
as linear property (See linear
property)
assessed person for railway land
under lease, licence or permit,
304(1)(d)-(d.1), 331
assessment of property
guidelines, 322.1(1)(a)(i)(E)
right of way used for other
purposes, 290(2)
definitions
included in definition of linear
property, 284(1)(k)(v)
transportation service,
602.01(1)(k)
regulations to define, 322(1)(b)
rent collections for tax arrears,
416(2.1)
ranches. See farms and farming
ratio, maximum property tax. See
property tax, maximum tax ratio
readings of bylaws, 187-189
real estate leaseholds and mortgages
defined as securities, 250(1)
securities (See investments and
securities)
recall petitions, 240.1-240.96
advertising, 240.95
by-election to fill vacant office,
240.91(3)-(4)
chief administrative officer
confidentiality, 226.2, 240.93
filing of documents with,
240.1(2), 240.2(1), 240.2(8),
240.7(1)
publications on website, 240.2(8),
240.9-240.91
records retention and disposition,
240.92
commencement by notice of recall
petition, 240.2
confidentiality
petitioners' personal information,
226.2, 240.93
representative recall petitioner's
personal information, 226.2,
240.2(2)-(4), 240.93
councillor named in petition
insufficient recall petition, 240.9
limit of recall petition to specific
time periods, 240.2(6)