Rural Affairs Act (SS 1979-80, c. R-23.02)

1 c. R-23.02RURAL AFFAIRS The Rural Affairs Act being Chapter R-23.02 (effective July 4, 1980) as amended by the Statutes of Saskatchewan, 1983, c.9; 1983-84, c.6; 1996, c.28; 2001, c.38; 2005, M-36.1; 2013, c.27; and 2014, c.E-13.1. Formerly Chapter D-22.2 of the Statutes of Saskatchewan, 1979-80. 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. *NOTE: The chapter number and Title of this Act were changed by S.S. 2014, c.E-13.1. http://www.qp.gov.sk.ca/documents/english/Chapters/1996/28 96.pdf http://www.qp.gov.sk.ca/documents/english/chapters/2001/chap-38.pdf http://www.qp.gov.sk.ca/documents/english/Chapters/2005/M36-1.pdf http://www.qp.gov.sk.ca/documents/english/Chapters/2013/Chap-27.pdf http://www.qp.gov.sk.ca/documents/english/Chapters/2014/E13-1.pdf 2 c. R-23.02 RURAL AFFAIRS Table of Contents SHORT TITLE 1 Short title INTERPRETATION 2 Interpretation 3 Repealed 4 Repealed 5 Repealed 6 Scope of administration 7 Duties of department 8 Powers of department 9 Powers of minister 10 Repealed 11 Repealed 12 Repealed 13 Repealed 14 Regulations 15 Municipal administration advisors 16 Powers of investigation 17 Banks, credit unions to furnish statements 18 Report 19 Action to protect municipality 20 Controller 21 Regulations 22 Repealed 23 Repealed 24 Repealed 3 c. R-23.02RURAL AFFAIRS CHAPTER R-23.02 An Act respecting Rural Affairs SHORT TITLE Short title 1 This Act may be cited as The Rural Affairs Act. 1979-80, c.D-22.2, s.1; 1983, c.9, s.4; 2014, c.E-13.1, s.42. INTERPRETATION Interpretation 2 In this Act: (a) “council” means: (i) the council of a municipality; (ii) the area authority for a conservation and development area established pursuant to The Conservation and Development Act; (iii) the board of directors of a watershed association established pursuant to The Watershed Associations Act; and (iv) the veterinary service board for a veterinary service district established pursuant to The Veterinary Services Act; (v) Repealed. 2005, c.M-36.1, s.423. (b) Repealed. 2014, c.E-13.1, s.42. (c) Repealed. 2014, c.E-13.1, s.42. (d) “investigation” means an investigation pursuant to section 15 and includes a special investigation; (e) “minister” means the member of the Executive Council to whom for the time being the administration of this Act is assigned; (e.1) “ministry” means the ministry over which the minister presides; (f) “municipality” or “rural municipality” means a rural municipality as defined in The Municipalities Act ; (g) “rural municipal institution” means: (i) a rural municipality; (ii) a conservation and development area established pursuant to The Conservation and Development Act; 4 c. R-23.02 RURAL AFFAIRS (iii) a watershed association established pursuant to The Watershed Associations Act; and (iv) a veterinary service district established pursuant to The Veterinary Services Act; (v) Repealed. 2005, c.M-36.1, s.423. 1979-80, c.D-22.2, s.2; 1983, c.9, s.5; 2005, c.M-36.1, s.423; 2014, c.E-13.1, s.42. 3 Repealed. 2014, c.E-13.1, s.42. 4 Repealed. 2014, c.E-13.1, s.42. 5 Repealed. 2014, c.E-13.1, s.42. Scope of administration 6 The minister shall control and manage all that part of the administration of the Government of Saskatchewan that relates to rural municipalities and that is not assigned by law to any other ministry or agency of the Government of Saskatchewan. 1979-80, c.D-22.2, s.6, 2014, c.E-13.1, s.42. Duties of department 7 The minister is responsible for all matters that relate to development in and of municipalities and, without limiting the generality of the foregoing, the minister is responsible for the research and development of programs respecting: (a) community planning in, and development in and of, municipalities; (b) roads and transportation in or affecting municipalities; (c) the taxation of properties, businesses and special franchises in municipalities; (d) the provision of financial, administrative, technical and other support services to municipalities; and (e) the co-ordination and carrying out of joint ventures relating to municipalities with any ministry, department or agency of the Government of Canada, Saskatchewan or any other province or with a council; (f) Repealed. 2014, c.E-13.1, s.42. 1979-80, c.D-22.2, s.7; 2014, c.E-13.1, s.42. Powers of department 8 The minister may: (a) provide for financial, management, administrative and other support services to rural municipal institutions other than municipalities; (b) construct, reconstruct and maintain bridges and roads on an Indian Reserve with the consent of the Minister of Indian Affairs and Northern Development and the council of the band on the reserve; 5 c. R-23.02RURAL AFFAIRS (c) formulate and administer a program of assistance and make grants to the councils of Indian bands for the construction, reconstruction and maintenance of bridges and roads on reserves; (d) subject to The Highways and Transportation Act, establish, operate, control and maintain ferry services and ferry approaches, and fix and collect tolls for the use of any ferry service; (e) purchase or otherwise acquire land, buildings or materials for any purpose related to the exercise of any power conferred by this subsection. 1979-80, c.D-22.2, s.8; 1983-84, c.6, s.2; 2014, c.E-13.1, s.42. Powers of minister 9 The minister may: (a) establish procedures to co-ordinate inter-ministry plans and projects pertaining to rural development; (b) order a special investigation of all books of record and account, bank books, assessment and collection rolls and any other papers and matters in respect of any rural municipal institution 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 rural municipal institution and pay the cost of the audit in the amount that the minister specifies and where the minister so directs; (d) provide for the establishment and supervision of special training courses for personnel engaged in financial planning and general administration in rural municipal institutions; (e) establish and administer programs of community planning and development within municipalities and, without limiting the generality of the foregoing: (i) subject to the approval of the Lieutenant Governor in Council, establish and administer programs of financial and technical assistance to municipalities; (ii) engage consultants or specialists; (iii) co-operate with any ministry, department or agency of the Government of Canada, Saskatchewan or any other province or with any municipality in the furtherance of any program of community development within a municipality; (f) enter into any agreement for the purpose of carrying out anything that is undertaken under the authority of this Act; (g) Repealed. 2014, c.E-13.1, s.42. 1979-80, c.D-22.2, s.9; 2014, c.E-13.1, s.42. 6 c. R-23.02 RURAL AFFAIRS 10 Repealed. 2001, c.38. s.42. 11 Repealed. 2001, c.38. s.42. 12 Repealed. 2014, c.E-13.1, s.42. 13 Repealed. 2014, c.E-13.1, s.42. Regulations 14 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) respecting the procurement and issuance to municipalities of sample sets of books and forms that the minister considers necessary for properly carrying out the regulations; (c) respecting any other matter or thing that, in the minister’s opinion, is conducive to a thorough and systematic conduct of the affairs of municipalities by the treasurers or other officers of the municipalities. 2005, c.M-36.1, s.423. Municipal administration advisors 15(1) The minister may appoint persons to be employed in the ministry as municipal administration advisors to conduct an investigation. (2) A municipal administration advisor has the power to examine and inspect all books of record and account, bank books, assessment and collection rolls and any other papers and matters belonging to any rural municipal institution 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 the affairs of municipalities are carried out by its treasurers or other officers. 1979-80, c.D-22.2, s.15; 2005, c.M-36.1, s.423; 2014, c.E-13.1, s.42. Powers of investigation 16 A municipal administration advisor may require the attendance of any person whose presence he considers necessary during the course of an investigation, and has the powers conferred on a commission by sections 11, 15 and 25 of The Public Inquiries Act, 2013 . 1979-80, c.D-22.2, s.16; 2013, c.27, s.11. Banks, credit unions to furnish statements 17 When required 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 rural municipal institution having an account with the bank or credit union, together with any particulars of the account that he may require. 1979-80, c.D-22.2, s.17. 7 c. R-23.02RURAL AFFAIRS Report 18 Upon completion of an investigation, a municipal administration advisor shall submit to the minister and to the rural municipal institution a report in the form prescribed by the minister. 1979-80, c.D-22.2, s.18. Action to protect municipality 19(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 sub section (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. 1979-80, c.D-22.2, s.19. Controller 20(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 under subsection (1) is to be determined by the minister and is to be paid out of the funds of the municipality. 1979-80, c.D-22.2, s.20. Regulations 21 The Lieutenant Governor in Council may make regulations prescribing the terms and conditions under which the minister may make grants or loans to municipalities and organizations representing rural municipalities in the province. 1979-80, c.D-22.2, s.21. 22 Repealed. 2014, c.E-13.1, s.42. 23 Repealed. 2014, c.E-13.1, s.42. 24 Repealed. 2014, c.E-13.1, s.42. 8 c. R-23.02 RURAL AFFAIRS REGINA, SASKATCHEWAN Printed by the authority of THE QUEEN’S PRINTER Copyright©2014