Acts and Regulations

2012-109 - General

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NEW BRUNSWICK
REGULATION 2012-109
under the
Regional Service Delivery Act
(O.C. 2012-416)
Filed December 21, 2012
Under section 37 of the Regional Service Delivery Act, the Lieutenant-Governor in Council makes the following Regulation:
Citation
1This Regulation may be cited as the General Regulation - Regional Service Delivery Act.
Definitions for this Regulation
2The following definitions apply in this Regulation.
“Act” means the Regional Service Delivery Act. (Loi)
“approval” means an approval that is to be issued, amended or renewed under the Air Quality Regulation - Clean Air Act or under the Water Quality Regulation - Clean Environment Act.(agrément)
“controlling interest” means beneficial ownership of, or direct or indirect control or direction over, voting shares of a public company carrying more than ten per cent of the voting rights attached to all voting shares of the company for the time being issued.(intérêt majoritaire)
“family associate” means a spouse, parent, child, brother or sister.(proche famille)
“local service district representative” means an at large local service district representative of a Board chosen in accordance with this Regulation.(représentant des districts de services locaux)
“qualified resident” means a resident of a local service district who is qualified to vote under the Elections Act.(résident ayant droit de vote)
Definition for the Act and this Regulation
3In the Act and this Regulation, “planner” means a Registered Professional Planner as defined in the Registered Professional Planners Act.
Amendment of the boundaries of a region
4(1)If an amendment to the boundaries of a region would require a member of a Commission to become a member of another Commission, the Minister, before making his or her recommendation under subsection 2(2) of the Act, shall be satisfied that sufficient local support for the amendment has been demonstrated in accordance with section 5 or 6.
4(2) The proponents for making an amendment referred to in subsection (1) shall prepare an impact study that includes the following:
(a) the rationale for the amendment;
(b) the council resolutions or the results of the vote supporting the amendment;
(c) a resolution of the Board of the Commission that is receiving a new member that the Commission agrees to accept the new member;
(d) whether an agreement between the Commission receiving a new member and the Commission losing a member has been reached with respect to any adjustments of assets and liabilities of the Commissions and, if so, a copy of the agreement; and
(e) any other information that the Minister considers relevant.
4(3)The copy of the impact study referred to in subsection (2) shall be provided to the Minister before the Minister makes his or her recommendation to amend the boundaries of the region.
4(4)The boundaries of a region referred to in subsection (1) may be amended only if
(a) the boundaries of the municipality, rural community or local service district becoming a member of another Commission are contiguous to the boundary of the Commission receiving the member, or
(b) an amendment to the boundaries of a region would result in more than one member becoming a member of another Commission, that the combined boundaries of the group of members that are becoming members of another Commission are contiguous to the boundaries of the Commission receiving the members.
4(5)A municipality, rural community or local service district shall not be divided through an amendment of the boundaries of a region referred to in subsection (1).
Local support in a municipality or rural community
5There is sufficient support for an amendment of the boundaries of a region in a municipality or a rural community if the council of the municipality or the rural community council passes a resolution supporting the amendment.
Local support in a local service district
6(1)There is sufficient support for an amendment of the boundaries of a region in a local service district if
(a) twenty-five or more qualified residents of a local service district petition the Minister in support of the amendment, or
(b) the Minister is of the opinion that the residents of a local service district ought to consider the amendment of the boundaries of a region.
6(2)Within 30 days of receiving the petition or acting on his or her opinion referred to in subsection (1), the Minister may call a meeting of all qualified residents.
6(3)There is sufficient support for the amendment of the boundaries of a region if at the meeting held under subsection (2)
(a) at least 50 people or 30% of the people who are eligible to attend the meeting, whichever is the lesser, are in attendance, and
(b) the majority of those qualified residents in attendance decide in favour of making the amendment to the boundaries of a region.
Determining the number of local service district representatives on Boards
7(1)The number of local service district representatives on a Board shall be determined by the following formula:
(A + B) ÷ 2 = C
where
Ais the total population of the local service districts within a region divided by the average population per mayor in the region;
Bis the total combined tax base of the local service districts within a region divided by the average tax base per mayor in the region; and
Cis the number of local service district representatives on a Board.
7(2)For the purposes of this section,
(a) the average population per mayor shall be determined by dividing the number of people residing in the municipalities and rural communities within a region by the number of mayors in the region, and
(b) the average tax base per mayor shall be determined by dividing the total of the current year tax bases of the municipalities and rural communities in a region by the number of mayors in the region.
7(3)Despite the number of local service district representatives determined under this section, there shall be a minimum of four local service district representatives and a maximum of ten local service district representatives on each Board.
Chairs of local service district advisory committees to choose local service district representatives on Boards
8(1)The chairs of the local service district advisory committees in a region shall choose the local service district representatives on a Board from among themselves at a meeting of the chairs of the advisory committees.
8(2)The Minister shall determine the place, time and day on which the meeting referred to in subsection (1) shall be held.
8(3)At the meeting referred to in subsection (1), the chairs of the advisory committees in the region shall prepare a list of the chairs that are chosen as local service district representatives on the Board and shall submit the list to the Minister as soon as practicable.
8(4)The local service district representatives chosen under this section shall hold office until the earliest of
(a) the day the person is no longer a chair of the local service district advisory committee, or
(b) a meeting referred to in subsection (1) is held and that person is not chosen as a local service district representative.
8(5)A local service district representative chosen under this section shall be a qualified resident of a local service district in the region and remain a qualified resident for the duration of his or her term of office.
8(6)If a local service district representative ceases to be a qualified resident, he or she ceases to be a local service district representative and the chairs of the local service district advisory committees may choose another local service district representative at a meeting referred to in subsection (1) to complete the remainder of the term of office.
8(7)If there is a vacancy of a local service district representative chosen under this section on a Board, other than as a result of a local service district representative ceasing to be a qualified resident, the chairs of the local service district advisory committees may choose another local service district representative at a meeting referred to in subsection (1) to complete the remainder of the term of office.
Choosing remaining representatives
9(1)If the number of chairs of the advisory committees chosen as local service district representatives under section 8 is less than the number of local service district representatives determined under section 7 or is less than the minimum number of local service district representatives referred to in subsection 7(3), the Minister shall choose the remaining local service district representatives on the Board from among qualified residents.
9(2)If there is a vacancy on the Board from among the local service district representatives chosen by the Minister under subsection (1), the Minister may choose another local service district representative on the Board from among qualified residents to complete the remainder of the term of office.
9(3)The members of a Board chosen by the Minister under this section shall hold office for a four-year term and may be renewed no more than two subsequent terms.
Removal from office
10A local service district representative on a Board may be removed from office by the Minister for cause or for any incapacity.
Voting at meetings of Boards by representatives of local service districts
11 For the purposes of subsection 14(5) of this Regulation and subsection 27(2) of the Act, the total population of the local service districts shall be proportionally distributed between the local service district representatives present at the meeting of the Board.
Alternate members of the Board
12The following persons shall be alternate members of the Board for the purposes of subsection 9(4) of the Act:
(a) in the case of a municipality in a region, the deputy mayor for the municipality;
(b) in the case of a rural community in a region, the rural community deputy mayor; and
(c) in the case of local service districts in a region, no more than three alternates shall be chosen by the chairs of the local service district advisory committees in the region
(i) from among themselves at a meeting of the chairs of the advisory committees; or
(ii) if none of the chairs are willing or able to act as an alternate or there is an insufficient number of chairs, from among the members of the local service district advisory committees in the region.
Meetings of the Board
13(1)The Board of each Commission shall meet as required but shall meet at least four times during a fiscal year.
13(2)Subject to subsection (3), all regular meetings and special meetings of a Board shall be open to the public.
13(3)If it is necessary at a meeting of a Board to discuss any of the matters referred to in subsection 10.2(4) of the Municipalities Act, the public may be excluded from the meeting for the duration of the discussion.
13(4)At the request of any member of the Board, a special meeting may be called by the chair of the Board.
13(5)The by-laws of the Commission shall include the notice and other procedures to be followed for special meetings of the Board.
13(6)The minutes of regular meetings and special meetings of a Board shall be made available to the public.
13(7)Within a reasonable period of time following the meeting, a copy of the minutes of each meeting of the Board shall be forwarded, in the manner set out in the by-laws, if any, to the members of the Board.
13(8)If the by-laws provide, a member of a Board may participate in a meeting of the Board by means of telephone or other communication facilities that permit all persons participating in the meeting to hear each other.
13(9)A member of the Board referred to in subsection (8) shall
(a) have his or her name recorded in the minutes of the proceedings as participating in a meeting by telephone or other communication facilities, and
(b) be deemed for the purposes of the Act and regulations to be present at the meeting.
Voting procedures and requirements
14(1)Unless disqualified to vote by interest or otherwise, a member of a Board, including the chair, shall announce his or her vote openly and individually and the vote shall be recorded in the minutes of the meeting, and no vote shall be taken by ballot or by any other method of secret voting, and every vote so taken is of no effect.
14(2)Despite subsection (1), a Board may provide in the by-laws that the chair, the vice-chair or other officer of the Board shall be elected from among the members of the Board by secret ballot.
14(3)A chair shall be a voting member of the Board.
14(4)Every vote on a motion made at a meeting of a Board shall be taken when a quorum is present.
14(5)A motion made at a meeting of a Board to approve the borrowing of money or setting of fees for services shall not pass unless at least two-thirds of the members of the Board present, who represent at least two-thirds of the total population represented by all the members present, vote in favour.
14(6)If there is a tied vote, the chair does not have a second vote and the motion is considered to have been defeated.
Performing a function or duty outside region
15Subject to the approval of the Board, a Commission may perform its functions or duties outside its region in the following circumstances:
(a) in the case of a common service, the Commission that is responsible for the region where the common service is to be provided agrees in writing; and
(b) in the case of any service, other than a common service, if a member that is to receive the service is a municipality or a rural community, the member’s Commission agrees in writing.
Apportionment of costs
16(1)The costs of services provided by or through a Commission shall be apportioned among its members receiving the service
(a) with respect to the costs of a solid waste disposal service, based on the tonnage of solid waste collected in the municipality, rural community or local service district,
(b) with respect to the costs of a land use planning service in a local service district, based on the tax base of the local service district for the previous year,
(c) with respect to the costs of common services, other than those referred to in paragraphs (a) and (b),
(i) 50% based on the tax base of the municipality, rural community or local service district for the previous year, and
(ii) 50% based on the population of the municipality, rural community or local service district, and
(d) with respect to the costs of planning services in a municipality or rural community, other than a land use planning service referred to in paragraph (b), based on the tax base of the municipality or rural community for the previous year.
16(2)For the purpose of this section, the population of the municipality, rural community or local service district shall be the final population figure from the latest official census of Statistics Canada.
Solid waste disposal service
17(1)Each Commission shall accept solid waste
(a) that the Commission is not prohibited from accepting under an approval, and
(b) that originates in the region for which the Commission is established.
17(2)A Commission may accept solid waste originating in a region other than that for which it is established if it is not prohibited from accepting the solid waste under an approval issued to it and if
(a) the Commission established for the region of origin is prohibited from accepting the solid waste under an approval,
(b) the Commission established for the region of origin is not prohibited from accepting the solid waste under an approval if it
(i) provides the solid waste to the other Commission, or
(ii) gives written approval for the acceptance in advance,
(c) in circumstances where the solid waste originates outside New Brunswick, the Minister gives written approval for the acceptance in advance, subject to the terms and conditions the Minister considers appropriate, and the transfer is otherwise in accordance with the requirements of the Environmental Impact Assessment Regulation - Clean Environment Act.
17(3)Subject to subsection (2), a Commission may, in exchange for consideration, directly or indirectly, provide a solid waste service to a person located outside the region for which the Commission is established or provide a solid waste service in a location outside that region only if the Minister gives written approval for the provision of the service in advance, subject to the terms and conditions the Minister considers appropriate.
Land use planning service
18(1) An agreement referred to in subsection 25(3) or (4) of the Act shall include the following:
(a) the land use planning service or portion of land use planning service to be provided;
(b) the term of the agreement; and
(c) subject to subsection (2), notice requirements for the discontinuance of the provision of the land use planning service or portion of land use planning service by the Commission.
18(2)Unless otherwise agreed by the parties, a member that is a municipality or a rural community being provided a land use planning service by a Commission may on no less than two calendar year’s notice to the Commission provide its own land use planning service.
Financial matters
19(1)Each Commission shall prepare the operating and capital budgets referred to in subsection 27(1) of the Act for the forthcoming fiscal year of the Commission, approve it and submit it to the municipalities and rural communities that are members of the Commission and to the Minister no later than November 1 of each year.
19(2)Administrative costs with respect to a Commission shall be apportioned, in a manner determined by the Commission, among the operating funds of each service provided by or through the Commission.
19(3)In any one fiscal year a Commission shall not borrow for operating expenses more than 5% of the amount budgeted for that service.
19(4)Despite subsection (3), in any one fiscal year a Commission shall not borrow for operating expenses with respect to a solid waste management service more than 25% of the amount budgeted for that service.
19(5)A Commission may, by resolution, establish, manage and contribute to an operating reserve fund with respect to a service provided by or through the Commission for the payment of operating expenses.
19(6)The amount held in an operating reserve fund shall not exceed 5% of the total expenditures that were budgeted for the operation of that service for the previous fiscal year.
19(7)Money held in an operating reserve fund shall be used for no purpose other than the payment of operating expenses.
19(8)Every resolution respecting a contribution to or a withdrawal from an operating reserve fund in respect of a calendar year shall be made by December 31 of that calendar year and shall specify the dollar amount contributed to or withdrawn from the operating reserve fund.
19(9)A Commission may, by resolution, establish, manage and contribute to a capital reserve fund with respect to a service provided by or through the Commission for the payment of capital expenses.
19(10)Money held in a capital reserve fund shall be used for no purpose other than the payment of capital expenses.
19(11)Every resolution respecting a contribution to or withdrawal from a capital reserve fund in respect of a calendar year shall be made by December 31 of that calendar year and shall specify the dollar amount contributed to or withdrawn from the capital reserve fund.
19(12)Each Commission shall establish, manage and annually contribute to a special account that is designated by the Commission for and is used for no purpose other than the payment of closure or postclosure expenses for solid waste landfill sites.
19(13)Except by resolution of the Commission, no transfer of money shall be made by a Commission from a special account.
19(14)The amounts required for the closure or postclosure expenses and for the annual contribution to the special account shall be determined in accordance with the recommendations of the Public Sector Accounting Board respecting “solid waste landfill closure and post-closure liability”, in the CICA public sector accounting handbook published by the Canadian Institute of Chartered Accountants.
19(15)Any money, including interest, within an operating reserve fund, capital reserve fund or special account shall be invested or reinvested in accordance with the Trustees Act.
19(16)The chartered accountant or certified general accountant shall include along with the annual financial statements of the Commission the following information with respect to an operating reserve fund, a capital reserve fund and a special account:
(a) a certified copy of each resolution respecting a contribution to or transfer from the operating reserve fund, capital reserve fund or special account, as the case may be;
(b) a statement of the revenue and expenditure relating to the operating reserve fund, capital reserve fund or special account, as the case may be, for the year of the report or part of that year and, in relation to the expenditure, an analysis according to purpose; and
(c) a statement of investments held in the operating reserve fund, capital reserve fund or special account, as the case may be, including the name of the investments, and the respective principal amounts, interest rates and dates of maturity of the investments.
19(17)The chartered accountant or certified general accountant shall indicate in the annual financial statements of the Commission that the money in a special account referred to in subsection (12), all investments acquired with money originally contributed to that account, and all interest and other income earned on that money or those investments are “restricted cash” and are a non-current asset.
19(18)Beginning in 2015, a Commission shall prepare multiyear budget projections.
Annual report and other information
20(1)The annual report referred to in section 33 of the Act shall include the following:
(a) the annual audited financial statements of the Commission;
(b) information with respect to the provision of services, including common services, provided by or through the Commission, including the services provided by or through the Commission outside its region;
(c) the names of the members of the Commission or other persons for whom the Commission provides a land use planning service;
(d) the number of Board meetings held each year and the attendance at the meetings;
(e) any performance measures established by the Board and the progress made with respect to those measures; and
(f) information with respect to any per diem allowances or other expenses provided to members of the Board.
20(2)A Commission shall make its annual report available to the public by posting it, as well as the following information, on the Commission’s website:
(a) solid waste tipping fees;
(b) names of all members of the Board; and
(c) any other fees assessed, charged and collected for services from its members and other persons provided a service.
Conflict of interest
21(1)For the purposes of this section, with respect to a Commission, “designated employee” means
(a) an Executive Director,
(b) a planning director,
(c) a manager of the solid waste disposal service,
(d) a treasurer or the person who has primary responsibility for the financial affairs of the Commission,
(e) a planner,
(f) a person delegated the duties of a development officer,
(g) a building inspector or the person who has the primary responsibility to the Commission for the enforcement of municipal by-laws or other provincial laws with respect to building and construction within the region,
(h) a person responsible for purchasing on behalf of the Commission, and
(i) any employee of a Commission who is in a senior management position.
21(2)No member of a Board shall be employed by, contract with, act as an agent for or otherwise provide goods or services to the Commission in exchange for consideration, directly or indirectly,
(a) while holding office as a member of the Board, or
(b) during the period of one year following the expiration of the member’s term of office, whether the member served the entire term or not.
21(3)A member of a Board does not violate subsection (1) by reason only that the member is in receipt of an allowance for attendance at meetings of the Board or of the executive of the Commission or any other allowance, honorarium, remuneration or reimbursement to which the member may be entitled by reason only of being a member of the Board or of being an executive officer of the Commission.
21(4) For the purposes of the Act and the regulations, a member of the Board or a designated employee has a conflict of interest if
(a) the person or a family associate
(i) has or proposes to have any interest in any contract in which the Commission of which that person is a member of the Board or by whom that person is employed or was appointed has an interest, or
(ii) has an interest in any other matter in which the Commission is concerned that would be of financial benefit to that person or the family associate,
(b) the person or a family associate is a shareholder in, or is a director or a senior officer of, a private company that
(i) has or proposes to have an interest in any contract with the Commission, or
(ii) has an interest in any other matter in which the Commission is concerned that would be of financial benefit to the company,
(c) the person or a family associate has a controlling interest in or is a director or a senior officer of a public company that
(i) has or proposes to have an interest in any contract with the Commission, or
(ii) has an interest in any other matter in which the Commission is concerned that would be of financial benefit to the company, or
(d) the person or a family associate would otherwise benefit financially by a decision of the Commission in any contract, proposed contract or other matter in which the Commission is concerned.
21(5)Where a member of a Board has a conflict of interest with respect to any matter in which the Commission is concerned and he or she is present at a meeting of the Board, a meeting of a committee of the Board, or any other meeting at which business of the Board is conducted, at which the matter is a subject of consideration he or she shall,
(a) as soon as the matter is introduced, disclose that he or she has a conflict of interest in the matter, and
(b) immediately withdraw from the meeting room while the matter is under consideration or vote.
21(6)A designated employee shall not advise or otherwise assist the Commission in any matter where the designated employee has a conflict of interest, unless requested by the Board to do so following the disclosure of the conflict of interest to the Board.
21(7)A member of a Board or designated employee shall not
(a) accept any fees, gifts, gratuities or other benefit that could reasonably be seen to influence any decision made by him or her in the carrying out of his or her functions as a member of the Board or employee of the Commission, or
(b) for his or her personal gain or for the personal gain of a family associate make use in any way of his or her position or of any privileged information to which he or she may have access or to which he or she is privy because of his or her position.
21(8)A person who fails to comply with subsection (5) commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category F offence.
21(9)A person who fails to comply with subsection (6) commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category F offence.
21(10)A person who fails to comply with subsection (7) commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category H offence.
Repeal
22New Brunswick Regulation 2012-90 under the Regional Service Delivery Act is repealed.
Transitional provisions
23(1)Despite any other provision of this Regulation, on the coming into force of this section,
(a) the local service district representatives holding office as a member of an interim board immediately before the coming into force of this subsection shall be deemed to be chosen as the local service district representatives on the Board under this Regulation for the same region, and
(b) the local service district representatives on the Board referred to in paragraph (a) shall hold office from January 1, 2013, to December 31, 2014, both dates inclusive.
23(2)Despite any other provision of this Regulation, if a local service district representative on the Board referred to in paragraph (1)(a) is chair of a local service district advisory committee, that representative shall remain in office despite the fact that his or her term as chair of the local service district advisory committee has expired.
23(3)Despite any other provision of this Regulation, the local service district representatives chosen under this Regulation to replace those local service district representatives on the Board referred to in paragraph (1)(a) shall hold office from January 1, 2015, to June 30, 2016, both dates inclusive.
23(4)Despite any other provision of this Regulation, persons employed as planners at a District Planning Commission immediately preceding the coming into force of this subsection shall be deemed to be planners for the purposes of the Regional Service Delivery Act and this Regulation for a period of five years following the coming into force of this subsection.
Commencement
24This Regulation comes into force on January 1, 2013.