Bylaw Development Using Your Powers Wisely. Presented by: Ministry of Municipal Affairs Advisory Services. www.municipal.gov.sk.ca. Ministry Overview Programs and Services Growth and Development Funding Municipal Administration Health and Safety Legislation.
Ministry of Municipal Affairs
Underthe Canadian Constitution, provinces have the authority to create municipalities and to delegate to them certain law-making powers.
Laws passed by municipalities are called BYLAWS.Canadian Constitution
The power of a municipality to pass a bylaw is to be interpreted broadly for the purpose of:
a) providing a broad authority to its council and respecting council’s right to govern the municipality in whatever manner the council considers appropriate, within the jurisdiction provided to the council by law; and
b) enhancing the council’s ability to respond to present and future issues in the municipality.
B. Bylaw number
C. Bylaw title
D. Enactment clause
E. Citation clause
F. Interpretation clause
G. Operative clause
H. Schedule clause
I. Penalty clause
J. Repeal clause
K. Effective date clause
L. Signing and sealing
M. Dating the bylawContent of a Bylaw
“Village of ____________________.”
“Town of _____________________.”
“City of ______________.”
“Northern Village of_____________.”
The bylaw should include the number of the bylaw and the year it was passed. Bylaws should be numbered consecutively.
“Bylaw No. 4/2008” means the fourth bylaw passed in 2008
States the purpose of the bylaw
This clause states that the council is the body that enacts the bylaw.
“The council of the Town of _______, in the Province of Saskatchewan, enacts as follows: …”.
This bylaw may be cited as “The Nuisance Abatement Bylaw”.
This clause contains a statement of the meaning of a word or a group of words.
The operative clause or clauses state what the bylaw is intending to do and how it is to be done.
Matters that are customarily included in schedules include application forms, fees, and so on.
“Bylaw No.21/1952, passed March 15, 1952, being a bylaw to license dogs, is hereby repealed.”
“This bylaw shall come into force and take effect on September ,.”
“This bylaw shall come into force and take effect when approved by the Minister of (applicable Provincial department).”
“This bylaw shall come into force and take effect when approved by the Saskatchewan Municipal Board.”
The procedure to adopt a bylaw shall involve the
(a) The Administrator prepares the bylaw for council to consider
(b) First reading of the bylaw is moved, discussed and a vote is taken;
(c) Second reading of the bylaw is moved, discussed and again a vote is taken;
(d) Amendments after first/second reading are proposed by resolution which, if carried, becomes part of the proposed bylaw;
(e) If all three readings are to be given at the same meeting, a resolution must be introduced to allow three readings at that meeting. This resolution must be passed unanimously;
(f) Third reading of the bylaw is moved and if the vote is carried the bylaw is considered passed and adopted;
(g) Signing and sealing of the bylaw should take place immediately or very soon after the adoption of the bylaw.
The Amending Bylaw
Bylaw is adopted as a whole.
A voter may apply to the court to quash a bylaw:
An application to quash must be taken within 60 days of the bylaw passing.
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