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2022-84
- Regional Service Delivery Act
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Enabling Act
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NEW BRUNSWICK
REGULATION 2022-84
under the
Regional Service Delivery Act
(O.C. 2022-317)
Filed December 16, 2022
1
Subsection 12(3) of New Brunswick Regulation 2012-109 under the Regional Service Delivery Act is repealed and the following is substituted:
12
(3)
Only a member of the rural district advisory committee may be designated as an alternate member of the Board for that rural district.
2
The Regulation is amended by adding after section 13 the following:
Motions decided by weighted voting
13.1
(1)
For the purposes of subsection 9.2(5) of the Act, the method of calculating the number of weighted votes that are assigned to a voting member of the Board for a motion referred to in subsection 9.2(2), (3) or (4) of the Act is established in this section.
13.1
(2)
Each member of the Board voting on a motion referred to in subsection (1) shall receive one vote and the following additional votes:
(
a
)
in the case of a Commission for a region where the population is more than 100,000 residents, one additional vote for every 10,000 residents of the local government or rural district; and
(
b
)
in the case of a Commission for a region where the population is 100,000 residents or fewer, one additional vote for every 5,000 residents of the local government or rural district.
3
The heading “Apportionment of costs” preceding section 16 of the Regulation is repealed and the following is substituted:
Apportionment of costs for services
4
Section 16 of the Regulation is repealed and the following is substituted:
16
(1)
For the purposes of subsection 19(1) of the Act, the costs attributable to services provided to a local government or a rural district by or through a Commission, including common services, shall be apportioned as follows:
(
a
)
with respect to solid waste disposal services, on the basis of the tonnage of solid waste collected in the local government or rural district;
(
b
)
with respect to a land use planning service, on the basis of the tax base of the local government or rural district for the previous year;
(
c
)
with respect to regional economic development and regional tourism promotion, on the basis of the tax base of the local government or rural district for the previous year;
(
d
)
with respect to regional community development, regional transportation and the mandate set out in section 16.1,
(i
)
50% of the costs based on the tax base of the local government or rural district for the previous year, and
(ii
)
50% of the costs based on the population of the local government or rural district; and
(
e
)
any other service provided by or through the Commission,
(i
)
50% of the costs based on the tax base of the local government or rural district for the previous year, and
(ii
)
50% of the costs based on the population of the local government or rural district.
16
(2)
Despite paragraph (1)(c), any contract or agreement on the apportionment of costs attributable to regional economic development or regional tourism promotion that was in effect immediately before the coming into force of this subsection shall be adopted for the purposes of subsection 19(1) of the Act for a period of three years after this subsection comes into force.
5
The Regulation is amended by adding after section 16 the following:
Expanded social mandate
16.1
For the purposes of subsection 3.1(2) of the Act, on and after January 1, 2024, the following Commissions are prescribed as having a mandate to develop a plan for the integration and coordination of services to address homelessness, poverty and mental health:
(
a
)
Southeast Regional Service Commission;
(
b
)
Fundy Regional Service Commission; and
(
c
)
Capital Region Service Commission.
Prohibited activities
16.2
For the purposes of paragraph 3.3(d) of the Act, no Commission shall undertake an activity that duplicates an activity undertaken by the Province in any of the following matters:
(
a
)
attraction of investment;
(
b
)
workforce development;
(
c
)
export development; and
(
d
)
provision of services for business support or human resource management.
6
The Regulation is amended by adding after section 18 the following:
Regional infrastructure – interpretation
18.1
For the purposes of sections 18.2 to 18.5
(
a
)
“committee” means a standing committee on sport, recreational and cultural infrastructure, and
(
b
)
regional infrastructure is infrastructure the cost of which any or all of the members of the Commission shall contribute under subsection 3.4(2) of the Act.
Regional infrastructure – establishment of a standing committee on sport, recreational and cultural infrastructure
18.2
(1)
Each Commission shall establish, by by-law, a standing committee on sport, recreational and cultural infrastructure.
18.2
(2)
The committee shall consist of the persons determined by the Commission, but at a minimum shall include
(
a
)
a representative of the Board,
(
b
)
a representative of a local government,
(
c
)
a representative of the rural district, and
(
d
)
an expert advisor on sport, culture and recreation.
18.2
(3)
The committee shall have a mandate
(
a
)
to review planning documents for the region,
(
b
)
to prepare lists of infrastructure for the attention of the Board in accordance with section 18.3,
(
c
)
to determine the area served by the infrastructure in the region,
(
d
)
to ensure the management of cost apportionment agreements for regional infrastructure,
(
e
)
to review at least once every five years any cost apportionment agreement for regional infrastructure, taking into account any proposals for the expansion or renovation of the infrastructure, and to make recommendations to the Board with respect to the amendment or renewal of the agreements, and
(
f
)
to perform any other functions assigned to it by the Commission under paragraph 12(1)(b) of the Act.
18.2
(4)
In carrying out its mandate, the committee
(
a
)
shall consult with employees of the Commission and the Department of Local Government and Local Governance Reform, and
(
b
)
may consult with any other expert advisor.
Regional infrastructure – report of committee
18.3
(1)
The committee shall be responsible for preparing the list of all sport, recreational and cultural infrastructure in the region that the committee considers to be subject to subsection 3.4(1) of the Act.
18.3
(2)
The committee shall, from the list referred to in subsection (1), establish the list of infrastructure that it considers to be regional in nature based on the following criteria:
(
a
)
the ease of access to the infrastructure by residents of the region;
(
b
)
the uniqueness of the infrastructure in the region;
(
c
)
the scale and variety of sport, recreational and cultural activities that the infrastructure may accommodate compared to other similar infrastructure in the region;
(
d
)
the number of groups and associations, from within and outside the region, that use the infrastructure on a regular basis; and
(
e
)
the impact of the infrastructure on the region, including whether it benefits its population as a whole.
18.3
(3)
The presence or absence of any of the criteria referred to in subsection (2) alone is not determinative of whether or not the infrastructure is regional in nature.
18.3
(4)
The committee shall present a report to the Commission, which shall include
(
a
)
the list of infrastructure under subsection (1),
(
b
)
the list of the infrastructure prepared in accordance with subsection (2) that the committee considers regional in nature,
(
c
)
a detailed description of the infrastructure set out in the list under subsection (2),
(
d
)
a detailed explanation of the reasons for the committee’s decision to include the infrastructure set out in the list referred to in subsection (2), and
(
e
)
a proposal for the apportionment of costs attributable to infrastructure set out in the list under subsection (2) and an estimate of the financial impact that the proposed apportionment will have on each member of the Commission.
Regional infrastructure – assessment
18.4
(1)
The Board shall consider the report submitted to it by the committee under section 18.3 and shall vote on the matters set out in paragraphs 9.2(1)(a), (b) and (c) of the Act.
18.4
(2)
Despite any resolution of the Board adopted under subsection (1), no costs attributable to infrastructure shall be subject to an apportionment unless
(
a
)
the Commission agrees that the infrastructure is regional infrastructure,
(
b
)
the owner of the infrastructure or a person the owner has designated
(i
)
agrees that the committee shall be responsible for oversight of the infrastructure, and
(ii
)
provides a detailed financial and operational report on the infrastructure, including an assessment of its use.
Regional infrastructure – apportionment of costs
18.5
For the purposes of subsection 19(2) of the Act, in the absence of a resolution of the Board, the costs attributable to regional infrastructure shall be apportioned as follows:
(
a
)
50% of the costs based on the tax base of the local government or rural district for the previous year; and
(
b
)
50% of the costs based on the population of the local government or rural district.
Regional strategy – form and content
18.6
For the purposes of subsection 3.2(2) of the Act, the regional strategy of each Commission shall include
(
a
)
a vision statement,
(
b
)
a statement of the method of development of the strategy,
(
c
)
a statement of the stakeholder engagement that was conducted as part of the development of the strategy,
(
d
)
a statement of the First Nations engagement that was conducted as part of the development of the strategy,
(
e
)
a strategic assessment of each component of the Commission’s mandate referred to in section 3.1 of the Act which
(i
)
considers the current level of service in the region and the level of service expected in the future,
(ii
)
examines the links between that component and other mandatory services, and
(iii
)
takes into account provincial priorities related to that component and how these relate to regional priorities,
(
f
)
a statement of regional goals to be achieved during the period to which the strategy refers, which shall take into account, at a minimum, the components of the Commission’s mandate referred to in section 3.1 of the Act and other collaborative initiatives undertaken by the Commission,
(
g
)
a plan to implement the goals,
(
h
)
performance targets to monitor progress in achieving the goals and their implementation, and
(
i
)
an accountability framework specifying reporting requirements.
Regional strategy – implementation plan
18.7
The implementation plan for the regional strategy of each Commission shall include
(
a
)
each action the Commission shall take to achieve its goals,
(
b
)
performance targets for each action that shall be taken,
(
c
)
the schedule for each action to be taken or major milestones to be achieved,
(
d
)
the division of the Commission responsible for each goal, and
(
e
)
the list of external stakeholders involved in its implementation.
Regional strategy – accountability framework
18.8
(1)
The accountability framework of each Commission shall specify a schedule for review of its regional strategy.
18.8
(2)
The Board shall receive updates on the implementation plan at least twice each year.
18.8
(3)
The Board shall ensure that a comprehensive review of the regional strategy is undertaken at its conclusion.
18.8
(4)
The Chief Executive Officer shall be responsible for carrying out the duties set out in subsections (2) and (3) and shall report the results to the Board in accordance with the schedule established in the accountability framework.
Regional strategy – five-year review
18.9
Each Commission shall undertake a review of its regional strategy at least once every five years.
7
Subsection 19(6) of the Regulation is repealed.
8
Section 20 of the Regulation is amended
(
a
)
by adding after paragraph (1)(e) the following:
(
e.1
)
an update on the implementation of the regional strategy of the Commission;
(
b
)
in subsection (2)
(i
)
in paragraph (b) of the English version by striking out “and”;
(ii
)
by adding after paragraph (b) the following:
(
b.1
)
its regional strategy and all related documents; and
9
Paragraph 21(1)(d) of the Regulation is repealed and the following is substituted:
(
d
)
a director of finance,
10
This Regulation comes into force on January 1, 2023, immediately after the coming into force of sections 6 and 7 of An Act Respecting Local Governance Reform, chapter 44 of the Acts of New Brunswick, 2021.
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