MUNICIPAL LEGISLATION
Section No.
Section
Charter
Communities
Act
Cities,
Towns and
Villages Act
Hamlets
Act
Staggered Terms of Office
(1) Council may stagger the terms of office of councillors by providing, by bylaw, that the councillors elected at the
next general election hold office as follows:
(a) half of the successful candidates who receive the highest number of votes hold office for the full term of
office;
(b) the balance of the successful candidates hold office for a term of one year less than the full term of
office.
(2) For the purposes of paragraph (1)(a), if half of the successful candidates who receive the highest number of
votes is a fraction, the number shall be rounded up to the nearest whole number.
(3) A bylaw made under this section applies to any general election in which the election day is more than 180
days after the day the bylaw is made.
(4) A bylaw made under this section may not be repealed until at least two general elections have been held since
the bylaw was made, unless the Minister approves an earlier repeal. (Emphasis added)
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18
19
Tåîchô
Community
Government
Act
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Delivery by Agents
(1) A [community government] may, if authorized by bylaw, enter into an agreement to allow another person to
provide a service, public utility or facility as an agent of the [community government].
(2) For greater certainty and subject to this Act, a [community government] may, in the agreement referred to in
subsection (1),
(a) grant a person the right to provide, operate, manage, upgrade and expand a service, public utility or
facility in existence at the time of the agreement;
(b) grant a person the right to finance, construct, provide, operate, manage, upgrade and expand a
service, public utility or facility not in existence at the time of the agreement;
(c) dispose of any property owned by the [community government] that is required for the purposes of
providing the service, public utility or facility;
(d) transfer any rights or liabilities of the [community government] with respect to the service, public utility
or facility; and
(e) provide financial or other assistance to the person who is to provide the service, public utility or facility.
(3) An agreement containing any of the provisions referred to in paragraphs (2)(d) and (e) must be approved by
the Minister or must be authorized by the [community government’s] investment plan. (Emphasis added)
65
61
63
60
71
67
69
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Section Title
Corporations
December 3, 2007
Council may, with the approval of the Minister or if authorized by the [community government’s] investment plan,
establish a corporation or acquire or hold shares in a corporation for a municipal purpose. (Emphasis added)
Page 1 of 4
MUNICIPAL LEGISLATION
Section No.
Section Title
Section
Geographic Limitation
(General Powers)
(1) Subject to subsection (2), a bylaw applies only inside the boundaries of the municipality.
(2) If approved by the Executive Council on the recommendation of the Minister, a bylaw that serves the
residents of the municipality may apply outside the boundaries of a municipality, but within the Northwest
Territories, in respect of
(a) a public utility;
(b) an airport, aerodrome or facilities for them;
(c) fire protection services;
(d) ambulance services;
(e) recreation programs, services orfacilities;
(f) a quarry;
(g) a service or program delegated to the charter community under a delegation agreement; or
(h) operation and internal management of the charter community and the conduct of its affairs and
activities. (Emphasis added)
Tåîchô Community
Government Legislative
Powers
(1) Subject to subsection (2), a bylaw applies only inside the boundaries of the community.
(2) A bylaw that serves residents of the community may apply outside its boundaries, but within the Northwest
Territories, in respect of
(a) a public utility;
(b) an airport, aerodrome or facilities for them;
(c) fire protection services;
(d) ambulance services;
(e) recreation programs, services or facilities;
(f) a quarry, with proper authorization from the owner of the granular and other materials;
(g) a service or program delegated to the community government under a delegation agreement; or
(h) operation and internal management of the community government and the conduct of its affairs and
activities.
(3) A bylaw referred to in subsection (2) must be approved by the Executive Council on the recommendation
of the Minister if it is to apply on lands that are not Tåîchô lands. (Emphasis added)
(4) For greater certainty, a community government has no power to expropriate land outside the boundaries of the
community.
Limit on Resubmission for
Approval
December 3, 2007
If a bylaw requiring approval of the voters is not approved, the [community government] may not submit another
bylaw having the same purpose to the voters within six months after the vote, unless the Minister allows an
exception. (Emphasis added)
Charter
Communities
Act
Cities,
Towns and
Villages Act
Hamlets
Act
75
71
73
Tåîchô
Community
Government
Act
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-
-
-
67
83
79
81
75
Page 2 of 4
MUNICIPAL LEGISLATION
Section No.
Section
Charter
Communities
Act
Cities,
Towns and
Villages Act
Hamlets
Act
Public Utility Franchises
(1) The grant of a public utility franchise by a [community government] to any person must be by bylaw approved
by the voters.
(2) Notwithstanding subsection (1), the Minister may, by order made at the request of council, exempt the public
utility franchise bylaw from the requirement for approval of the voters. (Emphasis added)
95
91
93
Tåîchô
Community
Government
Act
87
Approvals (Long-Term Debt)
(1) Subject to this section, no long-term debt has effect unless the bylaw specifically authorizing it is approved by
the voters and the Minister. (Emphasis added)
(2) A bylaw authorizing a long-term debt does not require the approval of the voters if
(a) the Minister orders that it be exempt from voter approval in accordance with criteria established by the
regulations;
(b) the amount of the proposed long-term debt is below the prescribed limit; or
(c) the debt meets the conditions of subsection (4).
(3) A bylaw authorizing a long-term debt does not require the approval of the Minister if
(a) the proposed long-term debt is authorized by the [community government’s] debt management plan;
or
(b) the debt meets the conditions of subsection (4).
(4) A bylaw authorizing a long-term debt does not require the approval of either the voters or the Minister if
(a) the long-term debt is to be used to refinance an existing long-term debt; and
(b) the principal amount to be borrowed does not exceed the principal amount outstanding under the longterm debt being refinanced.
116
112
114
108
Debt Management Plan
(1) Council may, by bylaw approved by the Minister, adopt a plan to responsibly manage the [community
government’s] debt. (Emphasis added)
(2) A [community government’s] debt management plan may not have a term exceeding five years.
(3) A debt management plan must include the prescribed information.
(4) Council shall review the [community government’s] debt management plan at least once every five years.
(5) A copy of the [community government’s] debt management plan must be made available to the public.
120
116
118
112
Exemption from Voter
Approval (Local
Improvements)
(1) A long-term debt created for the purpose of financing a local improvement does not require approval of the
voters if
(a) the costs of the long-term debt are completely financed by local improvement charges; and
(b) the local improvement bylaw receives the consent of the persons who would be required to pay local
improvement charges in accordance with section [(123); (119); (121); (115) respectively].
(2) For greater certainty, a long-term debt created for the purpose of financing a local improvement requires the
approval of the Minister, unless otherwise exempt from that approval under section [(116); (112); (114);
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122
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Section Title
December 3, 2007
Page 3 of 4
MUNICIPAL LEGISLATION
Section No.
Section Title
Section
Charter
Communities
Act
Cities,
Towns and
Villages Act
Hamlets
Act
Tåîchô
Community
Government
Act
(108) respectively]. (Emphasis added)
Bylaw Requirement
(Forgiveness of Debts)
(1) A [community government’s] may only forgive a debt if the forgiveness is specifically authorized by a bylaw.
(2) A bylaw that forgives a debt owed to the [community government’s] must set out
(a) the name of the debtor;
(b) the date the debt was incurred;
(c) the nature of the debt;
(d) the amount of the debt; and
(e) the reason for the forgiveness.
(3) A [community government’s] may only forgive a debt owed to it, in whole or in part, if
(a) council is satisfied that the debt is not collectable or that there are other reasons justifying the
forgiveness of the debt; and
(b) in the case of a debt in respect of property taxes, the bylaw is approved by the Minister and no
special lien attaches against land for nonpayment of the property taxes. (Emphasis added)
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122
124
118
Loans
(1) A [community government’s] may only lend money if the loan is
(a) authorized by a bylaw made with the approval of the Minister; and
(b) made pursuant to an agreement respecting the delivery or operation of a service, public utility or
facility under section [(65, 66 or 67); (61, 62 or 63); (63, 64 or 65); (60 or 61) respectively]. (Emphasis
added)
128
124
126
120
Guarantees
(1) A [community government’s] may only guarantee the repayment of a loan if the guarantee is
(a) authorized by a bylaw made with the approval of the Minister; and
(b) made pursuant to an agreement respecting the delivery or operation of a service, public utility or
facility under section [(65, 66 or 67); (61, 62 or 63); (63, 64 or 65); (60 or 61) respectively]. (Emphasis
added)
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125
127
121
Investment Plan
(1) Council may, by bylaw, adopt a plan to manage the [community government’s] investments and to authorize
the making of investments.
(2) A bylaw adopting an investment plan is not valid unless it is approved by the Minister. (Emphasis added)
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130
124
December 3, 2007
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