DECISION
2015 NSUARB 152
M06527
NOVA SCOTIA UTILITY AND REVIEW BOARD
IN THE MATTER OF THE MUNICIPAL GOVERNMENT ACT
-and-
IN THE MATTER OF AN APPLICATION by the TOWN OF STEWIACKE under Section
369 of the Municipal Government Act to confirm the number of councillors
BEFORE:
Wayne D. Cochrane, Q.C., Member
COUNSEL:
TOWN OF STEWIACKE
Sheldon Dorey, GAO
Mayor Wendy Robinson
HEARING DATE:
May 29, 2015
DECISION DATE:
June 8, 2015
DECISION:
Application approved.
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INTRODUCTION
[1 J
The Nova Scotia Utility and Review Board confirms the number of
municipal councillors for the Town of Stewiacke at six.
II
FACTS
[2]
The Municipal Government Act, S.N.S. 1998, c. 18 (the "Acf'), requires
the council of every municipality to conduct a study and make an application to the
Nova Scotia Utility and Review Board (the "Board") to confirm or alter the number of
councillors and the boundaries of the polling districts. Section 369 states:
369 (1) In the year 1999, and in the years 2006 and every eighth year thereafter the
council shall conduct a study of the number and boundaries of polling districts in the
municipality, their fairness and reasonableness and the number of councillors.
(2) After the study is completed, and before the end of the year in which the study was
conducted, the council shall apply to the Board to confirm or to alter the number and
boundaries of polling districts and the number of councillors.
[3}
In June of 2014, the Town commenced a consultation process with the
public with respect to the number of councillors, as well as whether polling districts
should be established. As part of this process, the Town advertised in the Truro Daily
News on June 7, 2014, inviting the public to comment on the number of councillors, and
also on the possibility of establishing polling districts in place of electing the councillors
at large.
[4]
There is no evidence in the information filed by the Town to indicate any
opposition to continuation of the status quo, with respect to both Council's size and
boundaries, and, in October of 2014, Council voted in favour of a motion to this effect.
[pg 8]
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[5]
On November 14, 2014, the Town of Stewiacke (the "Town") applied to the
Board to confirm the number of councillors at the existing number, six, all elected at
large. For the purpose of the Act, the position of mayor is not included in the number of
councillors, and, accordingly, does not fall within the scope of this review conducted by
the Board.
[6]
The Notice of Hearing was advertised in the Truro Daily News on Friday,
May 8, 2015 and Friday, May 15, 2015. The Notice invited members of the public to
advise the Board of their comments in advance of the hearing, by Friday, May 22, 2015.
The Board did not receive any objections or letters of support.
On May 29, 2015, the Board held its hearing into the Town's Application.
[7]
The hearing was conducted by telephone conference.
[8]
Sheldon Dorey, Chief Administrative Officer, presented the application on
behalf of the Town, accompanied by Mayor Wendy Robinson. They advised the Board
that no members of the public were present during the hearing.
[9]
The geographic size of the Town is 17.67 square kilometres. The 2011
Census showed a population of 1,738. The number of electors for the last municipal
election in October 20, 2012 was 943.
[1 0]
Mayor Robinson and Mr. Dorey, in documentation submitted to the Board
in support of the Town's Application, said that the Town's reason for confirming the
existing number of councillors at six is:
The current Council, despite the Town's size, is very busy and reducing the number of
Councillors would increase the work load for the remaining members. As the majority of
individuals that offer their name for Council are also employed full time, reducing the
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number of members and increasing the work load could have a negative impact and
discourage individuals who may be considering running for municipal office.
[11J
The Board received no evidence or submissions opposing the Town's
position.
Ill
FINDINGS AND ORDER
[12]
Section 368(5) of the Act sets out the criteria for the Board to
consider for towns as follows:
368(5) In determining the number of councillors for a town, the Board shall consider the
population and geographic size of the town.
[13]
The Board approves the Town's Application, and confirms the
number of councillors for the Town of Stewiacke at six, to be elected at large.
[14]
An Order will issue accordingly.
Wayne}D. Cochrane
'
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