Bylaw by tyndale

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									BYLAW MAKING PROCEDURES
                                                                                                                                                                  Section No.
      Section Title                                                         Section                                                              Charter        Cities,     Hamlets          Tåîchô
                                                                                                                                               Communities   Towns and        Act          Community
                                                                                                                                                  Act        Villages Act                  Government
                                                                                                                                                                                               Act
Bylaw Procedures      (1) Council may, by bylaw, amend or repeal a bylaw.                                                                          77            73             75             69
                      (2) The power of council to amend or repeal a bylaw is subject to the same conditions as the power to make the
                          bylaw.
                      (1) A bylaw must have three distinct and separate readings to be effective.                                                  78            74             76             70
                      (2) A bylaw may not receive more than two readings at any one meeting of council, unless all council members
                          are present and agree to give the bylaw third reading at the meeting. [Tåîchô Community Government Act
                          has the following added requirement “public notice of the intention to seek third reading of the bylaw at the
                          meeting is given at least three days in advance”]
                      (3) A bylaw must be in writing before it may receive first reading.
                      (1) To be effective, a bylaw must be                                                                                         79            75             77             71
                               (a) in writing;
                               (b) under the corporate seal of the [community government];
                               (c) signed by the mayor or other presiding council member; and
                               (d) bear a certification by the senior administrative officer that the bylaw has been made in accordance
                                   with the requirements of this Act and the bylaws of the [community government].
                      (2) Subject to this Act, a bylaw takes effect on the date it meets the requirements of subsection (1) or at such later
                          date as may be specified in the bylaw.
                      (3) A copy of a bylaw under the corporate seal of the [community government] and certified by the senior
                          administrative officer to be a true copy is admissible in evidence without further proof of validity.
                      (1) The senior administrative officer shall ensure that a copy of every bylaw is available to the public as soon as          80            76             78             72
                          possible after it receives first and third reading.
                      (2) The senior administrative officer shall forward a copy of every bylaw to the Minister not later than 10 days after
                          it receives third reading.
Approval of Bylaws    (1) If, under this or any other enactment, a bylaw requires the approval of the voters, the Minister or some other           81            77             79             73
                          authority, that approval must be obtained after the bylaw receives first reading, and the bylaw may not receive
                          third reading or have any effect until that approval is obtained.
                      (2) Evidence that a bylaw has been approved by the voters, the Minister or some other authority must
                          be shown by
                               (a) the person who approved it signing the bylaw; or
                               (b) if a signature is not practicable, the senior administrative officer certifying on the bylaw that the
                                   approval was obtained.




December 3, 2007                                                                                                                                                             Page 1 of 2
BYLAW MAKING PROCEDURES
                                                                                                                                                                     Section No.
       Section Title                                                             Section                                                            Charter        Cities,     Hamlets          Tåîchô
                                                                                                                                                  Communities   Towns and        Act          Community
                                                                                                                                                     Act        Villages Act                  Government
                                                                                                                                                                                                  Act
Approval of Bylaws (con’t)    (1) Approval of the voters under this Act for a bylaw must be obtained in accordance with section 7 of the Local        82            78             80             74
                                   Authorities Elections Act respecting the submission of questions to the voters.
                              (2) After the proposed bylaw receives first reading, council shall seek approval of the voters for the bylaw by
                                   holding a vote on it at the next general election or at an earlier date fixed by council.
                              (3) At least two weeks before the date of the vote, the [community government] must give public notice stating
                                   that council is seeking the approval of the voters for the proposed bylaw and describing the purpose of the
                                   bylaw.
                             If a bylaw requiring approval of the voters is not approved, the [community government] may not submit another           83            79             81             75
                             bylaw having the same purpose to the voters within six months after the vote, unless the Minister allows an
                             exception.
                             For greater certainty, a [community government] may submit any bylaw to the voters for approval, including a bylaw       84            80             82             76
                             that was the subject of an insufficient petition.




December 3, 2007                                                                                                                                                                Page 2 of 2

								
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