Acts and Regulations

2012-90 - Local Service District Representation

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Revoked on 1 January 2013
NEW BRUNSWICK
REGULATION 2012-90
under the
Regional Service Delivery Act
(O.C. 2012-325)
Filed October 18, 2012
Under section 37 of the Regional Service Delivery Act, the Lieutenant-Governor in Council makes the following Regulation:
Repealed: 2012-109
Citation
1This Regulation may be cited as the Local Service District Representation Regulation - Regional Service Delivery Act.
Definitions
2The following definitions apply in this Regulation.
“Act” means the Regional Service Delivery Act. (Loi)
“local service district representative” means an at large local service district representative of a Board or interim board, as the case may be, 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)
Determining the number of local service district representatives on interim boards
3(1)The number of local service district representatives on an interim 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 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 an interim board.
3(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 2012 tax bases of the municipalities and rural communities within the region by the number of mayors in the region.
3(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 the interim board of each Commission.
Chairs of local service district advisory committees to choose local service district representatives on interim boards
4(1)The chairs of the local service district advisory committees in a region shall choose the local service district representatives on an interim board from among themselves at a meeting of the chairs of the advisory committees.
4(2)The Minister shall determine the place, time and day on which the meeting referred to in subsection (1) shall be held.
4(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 and shall submit the list to the Minister as soon as practicable.
4(4)A local service district representative chosen under this section shall be a qualified resident of a local service district in the region.
4(5)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.
Remaining local service district representatives on interim boards chosen by Minister
5If the number of chairs of the advisory committees chosen as local service district representatives under section 4 is less than the number of local service district representatives determined under section 3 or is less than the minimum number of local service district representatives referred to in subsection 3(3), the Minister shall choose the remaining local service district representatives from among qualified residents.
Removal from office
6A local service district representative on an interim board may be removed from office by the Minister for cause or for any incapacity.
Voting at meetings of interim boards by representatives of local service districts
7 For the purposes of subsection 11(3) 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 interim board.
Determining the number of local service district representatives on Boards
8(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.
8(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.
8(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
9(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.
9(2)The Minister shall determine the place, time and day on which the meeting referred to in subsection (1) shall be held.
9(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.
9(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.
9(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.
9(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.
Remaining local service district representatives of Boards chosen by Minister
10(1)If the number of chairs of the advisory committees chosen as local service district representatives under section 9 is less than the number of local service district representatives determined under section 8 or is less than the minimum number of local service district representatives referred to in subsection 8(3), the Minister shall choose the remaining local service district representatives on the Board from among qualified residents.
10(2)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
11A 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
12 For the purposes of 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 Board.
Transitional provisions
13(1)Despite any other provision of this Regulation, on the coming into force of this section,
(a) the local service district representatives on an interim board chosen under this Regulation 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.
13(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.
13(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.
Commencement
14Sections 8, 9, 10, 11, 12 and 13 of this Regulation come into force on January 1, 2013.
N.B. This Regulation is consolidated to January 1, 2013.