The Department of Urban Affairs Act

Transcription

1 1 DEPARTMENT OF URBAN AFFAIRS c. D-24.1 The Department of Urban Affairs Act being Chapter D-24.1 of the Statutes of Saskatchewan, (effective July 4, 1980) as amended by the Statutes of Saskatchewan, 1983, c.11; , c.49; , c.4; 1996, c.28; 2001, c.46; 2002, c.c-11.1; and 2005, c.m NOTE: This consolidation is not official. Amendments have been incorporated for convenience of reference and the original statutes and regulations should be consulted for all purposes of interpretation and application of the law. In order to preserve the integrity of the original statutes and regulations, errors that may have appeared are reproduced in this consolidation.

2 2 c. D-24.1 DEPARTMENT OF URBAN AFFAIRS Table of Contents 1 Short title SHORT TITLE INTERPRETATION 2 Interpretation ORGANIZATION AND ADMINISTRATION 3 Department established 4 Seal 5 Staff 6 Scope of administration 7 Duties of department POWERS OF MINISTER 8 Powers of minister 9 Repealed 10 Repealed 11 Advisory and consultative bodies 12 Grants 12.1 Financial assistance 13 Regulations INVESTIGATIONS AND REPORTS 14 Municipal administration advisors 15 Powers of investigation 16 Banks, credit unions to furnish statement 17 Report 18 Action to protect municipality 19 Controller GENERAL 20 Regulations 21 Fiscal year 22 Annual report 23 Appropriation

3 3 DEPARTMENT OF URBAN AFFAIRS c. D-24.1 CHAPTER D-24.1 An Act to establish the Department of Urban Affairs SHORT TITLE Short title 1 This Act may be cited as The Department of Urban Affairs Act. Interpretation 2 In this Act: (a) (b) (c) INTERPRETATION council means the council of a municipality; department means the Department of Urban Affairs; deputy minister means the Deputy Minister of Urban Affairs; (d) investigation means an investigation pursuant to section 14 and includes a special investigation; (e) matter of an inter-municipal nature means any activity, policy, program or undertaking that involves the co-operation or joint effort of both rural and urban municipalities; (f) minister means the Minister of Urban Affairs; (g) municipal administration advisor means any person appointed by the minister pursuant to subsection 14(1); (h) municipality or urban municipality means a municipality other than a rural municipality or northern municipality; (i) Repealed. 2005, c.m-36.1, s.424. (j) special investigation means a special investigation pursuant to clause 8(b) , c.d-24.1, s.2; 2002, c.c-11.1, s.379; 2005, c.m-36.1, s.424. ORGANIZATION AND ADMINISTRATION Department established 3(1) There is established a department of the Government of Saskatchewan to be called the Department of Urban Affairs. (2) The minister shall preside over the department , c.d-24.1, s.3.

4 4 c. D-24.1 DEPARTMENT OF URBAN AFFAIRS Seal 4 The Lieutenant Governor in Council may create a seal for the department, to be known as the Seal of the Department of Urban Affairs, and may alter or change the seal , c.d-24.1, s.4. Staff 5(1) The staff of the department consists of a deputy minister, to be called the Deputy Minister of Urban Affairs, and any employees that may be required for the proper conduct of the business of the department. (2) The deputy minister and the employees shall perform any functions and duties relating to the business of the department that the minister may assign to them or that may be prescribed by law , c.d-24.1, s.5. Scope of administration 6 The department shall control and manage any part of the administration of the Government of Saskatchewan that relates to urban municipalities and matters of an inter-municipal nature and that is not assigned by law to any other department or agency of the Government of Saskatchewan , c.d-24.1, s.6. Duties of department 7 The department is responsible for all matters that relate to development in and of municipalities and to matters of an inter-municipal nature and, without limiting the generality of the foregoing, the department is responsible for the research and development of programs respecting: (a) community planning in, and development in and of, municipalities; (b) housing; (c) transportation; (d) the co-ordination and carrying out of joint ventures relating to municipalities with any department or agency of the Government of Canada, Saskatchewan or any other province or with any council; (e) the provision of financial, administrative, technical and other support services to municipalities; (f) the collection and organization of statistics; (g) the taxation of properties, businesses and special franchises in municipalities; and (h) any other matter or thing that the minister may assign , c.d-24.1, s.7.

5 5 DEPARTMENT OF URBAN AFFAIRS c. D-24.1 Powers of minister 8 The minister may: POWERS OF MINISTER (a) establish procedures to co-ordinate inter-departmental plans and projects pertaining to municipalities; (b) order a special investigation of all books of record and account, books, bank books, assessment and collection rolls and any other papers and matters in respect of any municipality where: (i) he considers it advisable; or (ii) the council requests him to make a special investigation and states the reasons for its request; (c) appoint an auditor to audit the records of any municipality and direct the municipality to pay the cost of the audit; (d) provide for the establishment and supervision of special training courses for personnel engaged in financial planning and general administration in urban municipal government; (e) take any measures that he considers necessary to establish and administer integrated community planning and development programs and, without limiting the generality of the foregoing, he may: (i) notwithstanding section 12.1 but subject to the approval of the Lieutenant Governor in Council, establish and administer programs of financial and technical assistance to municipalities or to any board, commission or agency involved in matters of an inter-municipal nature; (ii) engage consultants or specialists; (iii) co-operate with any department or agency of the Government of Canada, Saskatchewan or any other province or with any urban or rural municipality; (iv) subject to the approval of the Lieutenant Governor in Council, establish and administer programs which involve both urban and rural municipalities; (f) enter into any agreement for the purpose of carrying out anything that is undertaken under the authority of this Act; (g) assign any duties to the deputy minister or the employees of the department , c.d-24.1, s.8; , c.4, s.3. 9 Repealed. 2001, c.46, s Repealed. 2001, c.46, s.55.

6 6 c. D-24.1 DEPARTMENT OF URBAN AFFAIRS Advisory and consultative bodies 11 The minister may appoint any advisory and consultative bodies that he considers necessary to assist him in the exercise of his powers and the performance of his duties , c.d-24.1, s.11. Grants 12(1) Subject to subsection (2), the minister may, for any purpose relating to any matter under his administration or for which he is responsible, make grants, on any terms or conditions that he may prescribe, to any person, agency, organization, association, institution or other body within or outside Saskatchewan. (2) The minister shall obtain the approval of the Lieutenant Governor in Council before making any grant under subsection (1) that is in excess of $50, , c.4, s.4; 1996, c.28, s.13. Financial assistance 12.1 The minister may, for any purpose relating to any matter under his administration or for which he is responsible, provide financial assistance with respect to any programs, in accordance with any terms or conditions that are prescribed in the regulations, to any person, agency, organization, association, institution or other body within or outside Saskatchewan , c.4, s.4. Regulations 13(1) Subject to any other Act, the minister may make regulations: (a) governing the methods of bookkeeping, accounting, recording and auditing to be used by municipalities; (b) pertaining to matters of an inter-municipal nature; (c) respecting any other matters and things that in his opinion are conducive to a thorough and systematic conduct of the affairs of municipalities by their treasurers and other officers; (d) prescribing the form of reports that a municipal administration advisor must submit when he has completed an investigation. (2) The minister may procure and issue to municipalities sample sets of books and forms that he considers necessary to properly carry out any regulations made under subsection (1) , c.d-24.1, s.13.

7 7 DEPARTMENT OF URBAN AFFAIRS c. D-24.1 INVESTIGATIONS AND REPORTS Municipal administration advisors 14(1) The minister may appoint persons to be municipal administration advisors to conduct investigations. (2) A municipal administration advisor has the power to examine and inspect all books of record and account, all bank books, assessment and collection rolls and any other papers and matters belonging to any municipality when requested to do so by the minister. (3) A municipal administration advisor shall ensure that the regulations made by the minister respecting the methods of bookkeeping, accounting, recording and auditing of municipal affairs are carried out by every municipality , c.d-24.1, s.14. Powers of investigation 15 A municipal administration advisor may require the attendance of any person whose presence he considers necessary during the course of an investigation, and he has the powers of commissioners under The Public Inquiries Act , c.d-24.1, s.15. Banks, credit unions to furnish statement 16 When requested to do so by a municipal administration advisor, a bank or credit union carrying on business in Saskatchewan must furnish the municipal administration advisor with a statement showing the balance or condition of the accounts of any municipality having an account with the bank or credit union, together with any particulars of the account that he may require , c.d-24.1, s.16. Report 17 Upon completion of an investigation, a municipal administration advisor shall submit to the minister and to the mayor of the municipality a report in the form prescribed by the minister , c.d-24.1, s.17. Action to protect municipality 18(1) Where the minister considers that summary action by a council is necessary, on the basis of the report of a municipal administration advisor or the auditor of the municipality, he may direct the council to take any action that he considers necessary to protect and further the interests of the municipality. (2) Where a council does not comply with a directive issued to it under subsection (1) in a manner satisfactory to the minister, he may, after the expiration of 60 days from the day on which he issued the directive, take any action that he considers necessary, including suspending from office the treasurer or any other officer of the municipality. (3) Where an officer is suspended pursuant to subsection (2), the council immediately shall appoint another person to the office of the person suspended , c.d-24.1, s.18.

8 8 c. D-24.1 DEPARTMENT OF URBAN AFFAIRS Controller 19(1) Where the minister considers it necessary, in regard to the financial position or the conduct of the affairs and business of a municipality, he may appoint a person as controller to supervise the management of the affairs and business of the municipality. (2) Upon the appointment of a controller pursuant to subsection (1), no bylaw or resolution whereby any liability is incurred by the municipality or any disposition is made of the money or property of the municipality has any force or effect without his written approval. (3) The remuneration of a controller appointed pursuant to subsection (1) is to be determined by the minister and is to be paid by the municipality , c.d-24.1, s.19. GENERAL Regulations 20 For the purpose of carrying out the provisions of this Act according to their intent, the Lieutenant Governor in Council may make regulations respecting any matter or thing required or authorized by this Act to be prescribed in the regulations , c.4, s.5. Fiscal year 21 The fiscal year of the department is the period commencing on April 1 in one year and ending on March 31 in the next year , c.d-24.1, s.21. Annual report 22 The minister shall, in each fiscal year, in accordance with The Tabling of Documents Act: (a) prepare a report respecting the work of the department giving any details that are necessary to enable the Legislative Assembly to judge the work of the department; and (b) lay before the Legislative Assembly each report prepared pursuant to clause (a) , c.d-24.1, s.22. Appropriation 23 Any sums required for the purposes of this Act are to be paid from moneys appropriated by the Legislature for the purpose , c.d-24.1, s.23. REGINA, SASKATCHEWAN Printed by the authority of THE QUEEN S PRINTER Copyright 2006