Administrative Order 48 — Respecting Community Councils
Halifax, Nova Scotia
· adopted 2012-12-03
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HALIFAX REGIONAL MUNICIPALITY
ADMINISTRATIVE ORDER NUMBER 48
RESPECTING THE CREATION OF COMMUNITY COUNCILS
BE IT RESOLVED AS AN ADMINISTRATIVE ORDER of the Council of the Halifax
Regional Municipality as follows:
Short Title
1.
This Administrative Order may be cited as Administrative Order Number 48,
the Community Council Administrative Order.
Interpretation
1A.
In this Administrative Order,
(a)
"Charter" means Halifax Regional Municipality Charter, 2008, SNS, c. 39, as amended.
Community Councils
2.
There is hereby established the following Community Councils:
(a)
the North West Community Council for the area of the Halifax Regional
Municipality that on the 5th day of November 2024 is included in:
i)
polling district 1, Waverley - Fall River - Musquodoboit Valley;
ii)
polling district 13, Prospect Road - St. Margarets - Hubley;
iii)
polling district 14, Hammonds Plains - Upper Hammonds Plains -
Lucasville - Middle & Upper Sackville;
iv)
polling district 15, Lower Sackville - Beaver Bank; and
v)
polling district 16, Bedford - Wentworth;
(b)
the Harbour East-Marine Drive Community Council for the area of the
Halifax Regional Municipality that on the 5th day of November 2024 is included in:
i)
polling district 2, Lawrencetown - The Lakes -Chezzetcook -
Eastern Shore;
ii)
polling district 3, Dartmouth South - Woodside - Eastern Passage;
iii)
polling district 4, Cole Harbour - Preston - Lake Loon - Waverly -
Cherry Brook;
iv)
polling district 5, Dartmouth Centre; and
v)
polling district 6, Dartmouth East - Burnside;
(c)
the Halifax and West Community Council for the area of the Halifax
Regional Municipality that on the 5th day of November 2024 is included in:
i)
polling district 7, Halifax South Downtown;
ii)
polling district 8, Halifax Peninsula North;
iii)
polling district 9, Halifax West Armdale;
iv)
polling district 10, Halifax - Bedford Basin West;
v)
polling district 11, Spryfield - Sambro Loop; and
vi)
polling district 12, Timberlea - Beechville - Clayton Park - Wedgewood
with the exception of the Downtown Halifax area of the Halifax Regional Municipality as shown on
Schedule A1; and
(d)
the Regional Centre Community Council for the area of the Halifax Regional
Municipality that on the 5th day of November 2024 is included in:
ia)
polling district 3, Dartmouth South - Woodside - Eastern Passage, for those
shaded areas of the district shown as the Regional Centre Community Council Area on
Schedule 4A;
i)
polling district 5, Dartmouth Centre, for those shaded areas of the district
shown as the Regional Centre Community Council Area on Schedule 4A;
ii)
polling district 6, Dartmouth East - Burnside, for those shaded areas of the
district shown as the Regional Centre Community Council Area on Schedule 4A;
iii)
polling district 7, Halifax South Downtown, for those shaded areas of the
district shown as the Regional Centre Community Council Area on Schedule 4A;
iv)
polling district 8, Halifax Peninsula North, for those shaded areas of the
district shown as the Regional Centre Community Council Area on Schedule 4A; and
v)
polling district 9, Halifax West Armdale, for those shaded areas of the district
shown as the Regional Centre Community Council Area on Schedule 4A.
Powers
3.
(1)
Repealed.
(1A)
Repealed.
(1B)
Repealed.
(1C)
Repealed.
(1D)
Repealed.
(1E)
Repealed.
(1F)
Repealed.
(1G)
Repealed.
(2)
Repealed.
(3)
A Community Council shall create no more than two planning advisory committees.
(4)
If a Community Council creates a planning advisory committee, the terms of reference
for the planning advisory committee be shall be as set out in Schedule 3 of this Administrative Order.
(5)
Nothing in this section prevents a Community Council from:
(a)
limiting or adding to the duties of a planning advisory committee from those
duties prescribed by section 4 of Schedule 3 of this Administrative Order; or
(b)
specifying the number of community citizens that must be appointed to a
planning advisory committee from a specified District or portion of a District.
(6)
Where a planning advisory committee holds a public meeting in accordance with
Schedule 3, staff shall lead the meeting, and where such meeting is held as part of a Public
Participation Program, the required notice for that meeting shall be as set out in the Public Participation
Administrative Order.
North West Community Council
3A.
(1)
The North West Community Council may:
(a)
in accordance with subsection 31(2) of the Charter, approve a development
agreement, or an amendment to a development agreement, applicable to their community ,
except for those shaded areas shown on Schedule 5 as being within the Suburban Housing
Accelerator Planning Area;
(b)
in accordance with subsection 30(3) of the Charter, amend a land use by-law
applicable to their community, except for those shaded areas shown on Schedule 5 as being
within the Suburban Housing Accelerator Planning Area; and
(c)
in accordance with subsection 30(4) of the Charter, hear an appeal from the:
(i)
approval or refusal to approve a site-plan, and
(ii)
the granting or refusal of a variance
applicable to property within their community, except for properties within those
shaded areas shown on Schedule 5 as being within the Suburban Housing Accelerator Planning
Area.
(2)
Section 29 of the Charter respecting area rates applies to the North West Community
Council.
(3)
In accordance with subsection 30(2) of the Charter, the North West Community Council
may appoint no more than two planning advisory committees.
Harbour East-Marine Drive Community Council
3B.
(1)
The Harbour East-Marine Drive Community Council may:
(a)
in accordance with subsections 31(2) of the Charter, approve a development
agreement, or an amendment to a development agreement, applicable to their community,
except for those shaded areas shown on Schedule 6A as being within the Suburban Housing
Accelerator Planning Area; and
(b)
in accordance with subsection 30(3) of the Charter, amend a land use by-law
applicable to their community, except for:
(i)
those shaded areas shown on Schedule 6B as being within the Regional
Centre Community Council Area; and
(ii)
those shaded areas shown on Schedule 6A as being within the
Suburban Housing Accelerator Planning Area.
(1A)
For greater certainty, the Harbour East-Marine Drive Community Council may approve
a development agreement, or an amendment to a development agreement, applicable to their community
for those shaded areas shown on Schedule 6B as being within the Regional Centre Community Council
Area.
(2)
In accordance with subsection 30(4) of the Charter, the Harbour East-Marine Drive
Community Council may hear an appeal from the:
(a)
approval or refusal to approve a site-plan; and
(b)
the granting or refusal of a variance,
applicable to property within their community, except for properties within those shaded
areas shown on Schedule 6B as being within the Regional Centre Community Council Area or shown
on Schedule 6A as being within the Suburban Housing Accelerator Planning Area.
(3)
Section 29 of the Charter respecting area rates applies to the Harbour East-Marine
Drive Community Council.
(4)
In accordance with subsection 30(2) of the Charter, the Harbour East-Marine Drive
Community Council may appoint no more than two planning advisory committees.
Halifax and West Community Council
3C.
(1)
The Halifax and West Community Council may
(a)
in accordance with subsections 31(2) of the Charter, approve a development
agreement, or an amendment to a development agreement, applicable to their community,
except for:
(i)
those shaded shown on Schedule 7B as the Downtown Halifax Planning Area;
and
(ii)
those shaded areas shown on Schedule 7A as being within the Suburban
Housing Accelerator Planning Area.
(b)
In accordance with subsection 30(3) of the Charter, amend a land use by-law
applicable to their community, except for:
(i)
those shaded shown on Schedule 7B as the Downtown Halifax Planning Area;
(ii)
those shaded areas shown on Schedule 7B as being with the Regional
Centre Community Council Area; and
(iii)
those shaded areas shown on Schedule 7A as being within the Suburban
Housing Accelerator Planning Area.
(1A)
For greater certainty, the Halifax and West Community Council may approve a
development agreement, or an amendment to a development agreement, applicable to their
community for those shaded areas shown on Schedule 7B as being within the Regional Centre
Community Council Area.
(2)
In accordance with subsection 30(4) of the Charter, the Halifax and West Community
Council may hear an appeal from the
(a)
approval or refusal to approve a site-plan, and
(b)
the granting or refusal of a variance,
applicable to property within their community, except for properties within those shaded
areas shown on Schedule 6B as being within the Downtown Halifax Planning area, shown on
Schedule 6B as being within the Regional Centre Community Council Area, or shown on Schedule 6A
as being within the Suburban Housing Accelerator Planning Area.
(3)
Section 29 of the Charter respecting area rates applies to the Halifax and West
Community Council.
(4)
In accordance with subsection 30(2) of the Charter, the Halifax and West Community
Council may appoint no more than two planning advisory committees.
Regional Centre Community Council
3D.
(1)
The Regional Centre Community Council may
(a)
in accordance with subsection 30(3) of the Charter, amend a land use by-law
applicable to their community; and
(b)
hear an appeal from the:
(i)
approval or refusal to approve a site-plan, and
(ii)
the granting or refusal of a variance
applicable to property within their community.
(2)
For greater certainty. the Regional Centre Community Council may not approve a
development agreement, or an amendment to a development agreement, applicable to their
community.
(3)
In accordance with subsection 30(2) of the Charter, the Regional Centre Community
Council may appoint no more than two planning advisory committees.
Suburban Housing Accelerator Planning Area
3E.
For greater certainty, the Council shall retain the authority to
(a)
approve a development agreement, or an amendment to a development
agreement, applicable to those shaded areas shown as the Suburban Housing Accelerator Planning
Area on Schedules 5, 6A, and 7A;
(b)
amend a land use bylaw applicable to those shaded areas shown as the
Suburban Housing Accelerator Planning Area on Schedules 5, 6A, and 7A.
(c)
hear an appeal from the approval or refusal to approve a site-plan applicable
to property within those shaded areas shown as the Suburban Housing Accelerator Planning Area on
Schedules 5, 6A, and 7A; and
(d)
hear an appeal from the approval or refusal to approve a variance applicable
to property within those shaded areas shown as the Suburban Housing Accelerator Planning Area on
Schedules 5, 6A, and 7A.
Financial Consequences
4.
A Community Council shall not pass any resolution or make any decision which could
potentially result in financial consequences for the Municipality which are contrary to those which would
result from a previous decision of the Regional Council, unless and until the financial consequences
are presented to the Regional Council and approved by it.
Policies and Procedures
5.
Repealed.
Effective Date
6.
This Administrative Order comes into force December 3, 2012.
Done and passed in Council this 27th day of November, A.D. 2012.
MAYOR
MUNICIPAL CLERK
I, Cathy Mellett, Municipal Clerk of Halifax Regional Municipality, hereby certify that the above noted
Administrative Order was passed at a meeting of Halifax Regional Council held on November 27, 2012.
Cathy Mellett, Municipal Clerk
SCHEDULE 1
Repealed.
SCHEDULE A1
SCHEDULE 2
Repealed.
SCHEDULE 3
TERMS OF REFERENCE
PLANNING ADVISORY COMMITTEE
Serving Polling Districts
,
and
(and the portion of Districts
and
(map attached)) incorporated into the
Community Council.
1. Membership
Up to 2 Community Council Members
Up to 8 community citizens
2. Appointment
Term of Appointment
- Councillor:
1 year
- Residents:
2 years
Appointments shall be made by the Community Council.
The Committee shall annually elect from its non-council members a Chair and Vice-Chair.
3. Re-appointment of Members
Citizen members may be appointed for a maximum of two (2) consecutive terms.
Citizen members may be appointed for more than two (2) consecutive terms when there are no
other interested and qualified candidates.
4. Legislated Duties
To advise the Community Council with respect to the preparation or amendment of planning
documents within or affecting (all or portions of) Polling Districts
,
and
incorporated
into the Community Council. The term "planning documents" shall be as defined in clause m of
section 209 of the Halifax Regional Municipality Charter.
To advise the Community Council with respect to planning matters generally within or affecting
(all or portions of) Polling Districts ,
, and
incorporated into the Community
Council. The term "planning matters" means any discretionary decision of Community Council
related to the use and development of land.
Hold public meetings associated with municipal planning strategy amendments as deemed
necessary.
5. Additional Duties
As may be directed by Community Council.
6. Meetings
The Planning Advisory Committee shall meet at least once per month or as required to conduct
business of the Committee. Additional meetings may be scheduled at the discretion of the Chair
in consultation with staff.
The quorum for regular meetings shall be in accordance with Section 74 of Administrative Order
One, the Procedure of Council Administrative Order, Quorum of Committee.
Any member of the Committee who fails to attend three (3) consecutive meetings, without having
been excused by the Committee shall vacate the member`s seat in accordance with subsection 3
of section 68 of Administrative Order One, the Procedure of Council Administrative Order, and
subsection 1 of section 22 of the Halifax Regional Municipality Charter.
All Planning Advisory Committee meetings shall be open to the public, or as allowed under Part
VII Section 218 (1) of the Halifax Regional Municipality Charter.
7. Procedure
Meeting procedures shall be governed by the HRM Administrative Order One, the Procedure of
Council Administrative Order, as it relates to Committee Procedures.
8. Remuneration
Remuneration shall be paid related to travel for attendance at meetings at rates established by
Halifax Regional Municipality.
9. Resignation
A member may resign from the Committee at any time in accordance with Section 68 of
Administrative Order One, the Procedure of Council Administrative Order, Vacating of Position on
Committee.
SCHEDULE 4
Repealed
SCHEDULE 4A
SCHEDULE 5
SCHEDULE 6A
SCHEDULE 6B
SCHEDULE 7A
SCHEDULE 7B
Notice of Motion:
November 13, 2012
Approval:
November 27, 2012
Effective Date:
December 3, 2012
Amendment # 1
Name Change
Notice of Motion:
December 11, 2012
Approval:
January 15, 2013
Amendment # 2
Planning Advisory Committees
Notice of Motion:
February 12, 2013
Approval:
February 19, 2013
Amendment # 3
Name Change for Districts 7, 8 & 9
Notice of Motion:
May 13, 2014
Approval:
May 20, 2014
Amendment # 4
Repeal Schedule 2
Notice of Motion:
June 2, 2015
Approval:
November 10, 2015
Amendment # 5
Renaming District 12
Notice of Motion:
April 26, 2016
Approval:
May 10, 2016
Amendment # 6
Amendments to section 3 to create Regional Centre Community Council
Adding subsections 3(1A), (1B), (1C), (1D), (1E), (1F), (1G)
Notice of Motion:
November 12, 2019
Approval:
December 3, 2019
Amendment #7
Amended clause 2(c), subclauses 2d(i),(ii),(iii),(iv), and (v)
Repealed 3(1), (1A), (1B), (1C), (1D), (1E), (1F), and (1G), Schedules 1, and 4
Added sections 3A, 3B, 3C, 3D, Schedules A1, and 4A
Notice of Motion:
December 14, 2021, March 22, 2022
Approval:
January 11, 2022, April 5, 2022
Amendment # 8
Addition of section 3 (6)
Notice of Motion:
April 4, 2023
Approval:
June 20, 2023
Effective:
October 13, 2023
Amendment # 9
Amended subclauses 2(a)(ii), 2(a)(iii), 2(a)(iv), 2(b)(i), 2(b)(ii), 2(b)(iii), 2(b)(v), 2(c)(v) and 2(d)(ii)
to rename districts.
Notice of Motion:
July 9, 2024
Approval:
August 6, 2024
Effective:
August 6, 2024
Amendment # 10
Amended clauses 2(a), 2(b), 2(c), 2(d), subsections 3A(1)(a), 3A(1)(b), 3B(1)(a), 3B(1)(b), 3B(2),
3C(1)(a), 3C(1)(b), 3C(2), 3D(1), & subclause 3A(1)(c)(ii)
Adding section 3E, subsections 3B(1A), 3C(1A), subclauses 2(d)(ia), 3B(1)(b)(i), 3B(1)(b)(ii),
3C(1)(a)(i), 3C(1)(a)(ii), 3C(1)(b)(i), 3C(1)(b)(ii), 3C(1)(b)(iii), & Schedules 5, 6A, 6B, 7A, and 7B
Replacing Schedule A1 & Schedule 4A
Notice of Motion:
August 6, 2024
Approval:
October 1, 2024
Effective:
November 5, 2024
Amendment # 11
Amended Schedules 5, 6A, 6B, and 7B
Replacing Schedule 7A
Notice of Motion:
January 14, 2025
Approval:
March 18, 2025