Changes to Section 10 of The Local Improvement Act

Year: 2011


Therefore be it resolved that the SUMA urge the Ministry of Municipal Affairs to amend Section 10 of The Local Improvements Act such that in instances where one-half or more of the owners of the lands subject to a local improvement charge are non-resident owners, then a petition against a local improvement initiated under Section 5(1)(b) would require a sixty-five percent majority of the owners representing sixty-five percent of the assessed value of the affected lands.

Provincial Response

Response: Municipal Affairs is prepared to consider changes related to this issue the next time the Act is opened for amendments. Legislative proposals are considered for each session in the context of government’s overall priorities. The Ministry advises the Act presently provides an option for a council to take action in the situation where off-site landlords may petition against a local improvement. Clause 5(1)(c) of The Local Improvement Act allows council to undertake a local improvement where owners do not have the right to petition against it. In this circumstance, a hearing must be held by the Saskatchewan Municipal Board on the matter and its decision is binding on the council. The board may overrule council’s decision or approve it with any conditions the board considers appropriate.

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