Acts and Regulations

2012, c.37 - Regional Service Delivery Act

Full text
Current to 13 December 2023
CHAPTER 2012, c.37
Regional Service Delivery Act
Assented to June 13, 2012
Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:
1
DEFINITIONS AND INTERPRETATION
2021, c.44, s.6; 2022, c.56, s.1
Definitions
1The following definitions apply in this Act.
“Board” means the board of directors of a regional service commission.(conseil)
“chartered professional accountant” means a member in good standing of the Chartered Professional Accountants of New Brunswick.(comptable professionnel agréé)
“Chief Executive Officer” means a person appointed as a Chief Executive Officer under section 13.(premier dirigeant)
“Commission” means a regional service commission established by this Act for a region.(commission)
“common services” means the services referred to in subsection 4(2).(services communs)
“distribution electric utility” means a distribution electric utility as defined in the Electricity Act.(entreprise de distribution d’électricité)
“distribution system” means a distribution system as defined in the Electricity Act.(réseau de distribution)
“Executive Director” Repealed: 2021, c.44, s.6
“generation facility” means a generation facility as defined in the Electricity Act.(installation de production)
“local government” means a local government as defined in subsection 1(1) of the Local Governance Act.(gouvernement local)
“member” , with respect to a Commission, means(membre)
(a) a local government prescribed for the region, and
(b) the rural district prescribed for the region.
“Minister” means the Minister of Local Government and includes any person designated by the Minister to act on the Minister’s behalf. (ministre)
“municipality” means a city, town or village.(municipalité)
“municipal plan” means a municipal plan adopted under section 21 of the Community Planning Act.(plan municipal)
“planner” means a member in good standing with the New Brunswick Association of Planners who is authorised to use the designation “Registered Professional Planner” or “RPP”.(urbaniste)
“planning director” means a person appointed as a planning director under subsection 24(2).(directeur de la planification)
“region” , with respect to a regional service commission, means the portion of the Province described and identified by regulation.(région)
“regional land use plan” means a regional land use plan under section 18 of the Community Planning Act.(plan régional en matière d’utlisation des terres)
“regional plan” Repealed: 2021, c.44, s.6
“rural district” means a rural district as defined in subsection 1(1) of the Local Governance Act. (district rural)
“rural plan” means a rural plan under section 33, 44 or 51 of the Community Planning Act, as the case may be.(plan rural)
“solid waste” means waste with insufficient liquid content to be free-flowing.(matières usées solides)
“waste” includes rubbish, slimes, tailings, effluent, wastewater, fumes, smoke, other waste products of any kind and any other matter that is prescribed by regulation to be waste.(matières usées)
2013, c.7, s.166; 2017, c.20, s.161; 2020, c.25, s.99; 2021, c.44, s.6; 2022, c.31, s.1; 2022, c.56, s.1; 2023, c.40, s.29
Determination of population
2021, c.44, s.6; 2022, c.56, s.1
1.1For the purposes of this Act, the Minister shall determine the population of a local government or a rural district based on the most recent official population estimate by Statistics Canada.
2021, c.44, s.6; 2022, c.56, s.1
2
REGIONAL SERVICE COMMISSIONS
Establishment of regions
2(1)The regions described and identified by regulation are established for the purposes of this Act.
2(2)A regulation under subsection (1), shall describe and identify each region by prescribing
(a) local governments, and
(b) one rural district.
2(3)Each region is comprised of the area inside the territorial limits of the local governments prescribed for that region and of the rural district prescribed for that region.
2(4)On the recommendation of the Minister, the Lieutenant-Governor in Council may, in accordance with the regulations, amend the description of a region.
2021, c.44, s.6
Establishment of regional service commissions
3(1)A regional service commission described and identified in regulation is established for each region.
3(2)A regional service commission is a body corporate.
Mandate
2021, c.44, s.6
3.1(1)The mandate of a Commission is
(a) to provide or facilitate the provision of common services to its members,
(b) to develop and implement a regional strategy,
(c) to undertake activities related to regional economic development, regional community development and regional tourism promotion,
(d) to identify sport, recreational and cultural infrastructure in the region, to apportion the costs attributable to that infrastructure among its members and to ensure the management of any resulting agreements or contracts,
(e) to establish a public safety committee to exchange information and discuss resource sharing and joint planning by its members in relation to policing services, fire protection services and emergency measures planning services, and
(f) to work with its members to facilitate administrative, financial and other service arrangements.
3.1(2)In addition to the mandate in subsection (1), any Commission prescribed by regulation is mandated to develop a plan for integrating and coordinating services to address homelessness, poverty and mental health and may enter into agreements with the Crown in right of the Province for that purpose.
2021, c.44, s.6; 2022, c.56, s.1
Regional strategy
2021, c.44, s.6
3.2(1)A Commission shall develop and implement a regional strategy in accordance with the regulations, which shall establish priority services and actions with respect to
(a) regional economic development,
(b) regional community development,
(c) regional tourism promotion,
(d) regional transportation,
(e) regional infrastructure, and
(f) any other matter prescribed by regulation.
3.2(2)The form and content of a regional strategy shall be established in accordance with the regulations and shall include any other information required by the Minister.
3.2(3)Each Commission shall prepare a first regional strategy by July 1, 2023.
3.2(4)Each Commission shall update its regional strategy in accordance with the schedule prescribed by regulation.
2021, c.44, s.6; 2022, c.56, s.1
Powers respecting regional economic development
2021, c.44, s.6
3.3A Commission may promote regional economic development in the manner it considers appropriate but it shall not, for that purpose,
(a) acquire or hold securities,
(b) provide loans or guarantees,
(c) borrow money, or
(d) undertake any other activity prescribed by regulation.
2021, c.44, s.6
Sport, recreational and cultural infrastructure
2021, c.44, s.6
3.4(1)A Commission shall identify, in accordance with the regulations, the sport, recreational and cultural infrastructure in the region and the sport, recreational and cultural infrastructure that will be required in the region in the future.
3.4(2)The Commission shall conduct an assessment in accordance with the regulations to determine, by resolution, whether any or all of its members shall contribute to the costs attributable to any of the infrastructure that was identified in accordance with subsection (1).
3.4(3)A Commission shall prepare a report for the Minister on or before June 30 of each year, which shall include
(a) a list of all infrastructure that has been identified in accordance with subsection (1),
(b) a list of any infrastructure to which any or all of its members shall contribute under subsection (2),
(c) the proposed budget for the following year with respect to the apportionment of costs attributable to the infrastructure referred to in paragraph (b), and
(d) a statement of all determinations made under subsection (2) containing, for any infrastructure excluded from the list referred to in paragraph (b),
(i) a description of the consultation conducted on the matter,
(ii) the views of each of its members with respect to the matter,
(iii) the data on which the decision to exclude the infrastructure was based, and
(iv) a detailed explanation of any other factors that led to the decision to exclude the infrastructure.
3.4(4)On receipt of the report, the Minister shall review the report to determine whether any of the infrastructure set out in the list referred to in paragraph (3)(a) but excluded from the list referred to in paragraph (3)(b) should be subject to an apportionment of costs under subsection (2).
3.4(5)Subject to subsection (7), within 60 days of receiving the report, the Minister may
(a) approve the list referred to in paragraph (3)(b), or
(b) order the Commission to add to the list referred to in paragraph (3)(b) any of the infrastructure set out in the list referred to in paragraph (3)(a).
3.4(6)An order made by the Minister under paragraph (5)(b) is deemed to be a determination made by the Commission under subsection (2).
3.4(7)In no case shall the Minister make an order under paragraph (5)(b) unless the infrastructure has been excluded from the list referred to in paragraph (3)(b) by a determination made under subsection (2) in the year for which the report is made.
2021, c.44, s.6; 2022, c.56, s.1
Common services
4(1)Unless otherwise provided in this Act, all common services shall only be provided to members of a Commission by or through that Commission.
4(2)In accordance with this Act and the regulations, a Commission shall provide or facilitate the provision of the following common services:
(a) a solid waste disposal service;
(b) a regional transportation service;
(c) a land use planning service
(i) to its members that are local governments that are not providing their own land use planning service, and
(ii) to its rural district member.
2021, c.44, s.6
Encourage and facilitate initiatives
Repealed: 2021, c.44, s.6
2021, c.44, s.6; 2022, c.56, s.1
5Repealed: 2021, c.44, s.6
2021, c.44, s.6
Agreements for the provision of a service
6(1)Subject to the provisions of this Act, a Commission may provide by agreement
(a) to one or more of its members, any service, other than a common service, and
(b) to any other person, other than an individual, any service, including a common service.
6(2)A Commission may, with respect to a service,
(a) provide it directly,
(b) enter into an agreement to have a third party provide it on behalf of the Commission, or
(c) provide it partly in accordance with paragraph (a) and partly in accordance with paragraph (b).
6(3)An agreement between a Commission and a third party for the funding of a service shall include the following:
(a) a requirement for performance indicators;
(b) a requirement to provide audited financial statements to the Commission;
(c) a requirement to present quarterly reports to the Board; and
(d) terms and conditions providing for the close collaboration of third parties with the Chief Executive Officer and the director of finance of the Commission, including regular meetings.
2021, c.44, s.6; 2022, c.31, s.1
Agreements
7Subject to the provisions of this Act and regulations, a Commission may enter into agreements for the purposes of this Act and the regulations.
Powers
8A Commission may
(a) acquire by purchase, lease, gift, donation, bequest or otherwise any real or personal property, and own, hold, sell, manage or deal with the property as the Commission may determine,
(b) manage and control its bank accounts and other necessary banking operations,
(c) engage and pay personnel,
(d) become a party to any contract or agreement within its powers,
(e) purchase or dispose of capital assets,
(f) sue and be sued,
(g) subject to this Act, the regulations or any other Act or regulation, finance any of its undertakings,
(h) assess, charge and collect fees for services from its members and other persons provided a service, and
(i) perform any function or duty fixed by or in accordance with the regulations.
Board of directors
9(1)The business and affairs of each Commission shall be directed and controlled by a board of directors in accordance with this Act.
9(2)Subject to subsection (2.2), each Board shall consist of
(a) the mayors of each local government in a region,
(b) if the rural district in a region has a rural district advisory committee, the chair of the advisory committee, and
(c) the Chief Executive Officer of the Commission, who shall be a non-voting member.
9(2.1)If the operation of paragraphs (2)(a) and (b) results in a Board with fewer than six voting members, the council of each local government in the region shall designate one councillor to hold office as a member, and the rural district advisory committee shall designate another member of that committee to hold office as a member.
9(2.2)If subsection (2.1) applies, a Board shall consist of the members referred to in subsection (2) and the members designated under subsection (2.1).
9(3)Repealed: 2021, c.44, s.6
9(4)If a member of the Board is absent or otherwise unable to act, an alternate member referred to in the regulations may act on behalf of that member of the Board.
9(5)Each Board shall elect a chair and vice-chair from among the members of the Board.
9(6)The vice-chair shall act when the chair is unable or unwilling to act for any reason.
9(7)Unless otherwise provided in this Act or the regulations, a quorum for the conduct of business is a majority of the members of the Board holding office.
9(8)A decision of the quorum shall be a decision of the Board.
9(9)A vacancy on a Board does not impair the capacity of the Board to act.
2017, c.20, s.161; 2021, c.44, s.6; 2022, c.31, s.1; 2022, c.56, s.1
Motions decided by one vote per member
2021, c.44, s.6; 2022, c.56, s.1
9.1(1)Each voting member of a Board is eligible to cast one vote on a motion dealing with any of the following matters: 
(a) the making of by-laws under section 12;
(b) the conduct of Board business;
(c) the establishment of a new service;
(d) the setting of fees or borrowing of money with respect to matters other than services; and
(e) the approval of a budget referred to in subsection 27(1).
9.1(2)A motion referred to in paragraph (1)(a), (b) or (c) shall not pass unless 50% plus one vote of the votes cast by the members of the Board present are in favour.
9.1(3)A motion referred to in paragraph (1)(d) shall not pass unless two-thirds of the votes cast by the members of the Board present are in favour.
9.1(4)Subsection 27(2) applies to a motion referred to in paragraph (1)(e).
2021, c.44, s.6
Motions decided by weighted voting
2021, c.44, s.6; 2022, c.56, s.1
9.2(1)The eligibility of members of a Board to vote on a motion dealing with any of the following matters shall be determined in accordance with this section:
(a) the identification of sport, recreational and cultural infrastructure under subsection 3.4(1);
(b) the determination made under subsection 3.4(2) that any or all of the members shall contribute to the costs attributable to the infrastructure identified under subsection 3.4(1);
(c) the apportionment of costs attributable to infrastructure referred to in subsection 19(2);
(d) the operation or administration of a service;
(e) the setting of fees for a service; and
(f) the borrowing of money for a service.
9.2(2)Each voting member of the Board is entitled to vote on a motion dealing with a matter under paragraph (1)(a) or (b).
9.2(3)In the case of a motion dealing with a matter under paragraph (1)(c), a voting member of the Board is entitled to vote only if the motion deals with the costs attributable to infrastructure that would require a contribution from the member that is a local government or a rural district, as the case may be, that the member of the Board represents.
9.2(4)In the case of a motion dealing with a matter under paragraph (1)(d), (e) or (f), a voting member of the Board is entitled to vote only if the motion deals with a service that is provided by or through the Commission to the member that is a local government or a rural district, as the case may be, that the member of the Board represents.
9.2(5)The method of calculating the number of weighted votes assigned to a voting member of the Board referred to in subsection (2), (3) or (4) shall be determined in accordance with the regulations.
9.2(6)As soon as possible after each general election held under the Municipal Elections Act, the Minister shall make the calculation referred to in subsection (5) and shall inform the Commission of the number of votes to be assigned to each voting member.
9.2(7)If a member of the Commission is represented by two members of the Board under subsection 9(2.1), the number of votes assigned to that member of the Commission in accordance with the regulations shall be divided equally between the members of the Board that represent the member of the Commission.
9.2(8)A motion dealing with a matter referred to in paragraph (1)(a), (b), (c) or (d) shall not pass unless 50% plus one vote of the votes cast by the voting members of the Board present are in favour.
9.2(9)A motion dealing with a matter referred to in paragraph (1)(e) or (f) shall not pass unless two-thirds of the votes cast by the voting members of the Board present are in favour.
2021, c.44, s.6; 2022, c.56, s.1
Interim boards
Repealed: 2021, c.44, s.6
2021, c.44, s.6
10Repealed: 2021, c.44, s.6
2017, c.20, s.161; 2021, c.44, s.6
First budget
Repealed: 2021, c.44, s.6
2021, c.44, s.6
11Repealed: 2021, c.44, s.6
2021, c.44, s.6
By-laws
12(1)A Board may make by-laws not inconsistent with this Act or the regulations
(a) regarding its internal organization,
(b) governing the establishment, operation or dissolution of committees of the Commission, and
(c) for the general conduct and management of the affairs of the Commission.
12(2)The Regulations Act does not apply to by-laws made under subsection (1).
Chief Executive Officer
2021, c.44, s.6
13(1)A Board shall appoint a Chief Executive Officer of the Commission and establish the terms and conditions of the Chief Executive Officer’s appointment.
13(2)The Chief Executive Officer shall perform the duties and may exercise the powers conferred on the Chief Executive Officer by this Act and the regulations, or the Board.
2021, c.44, s.6
Employees
14(1)The Chief Executive Officer may, on behalf of a Commission, employ the persons that the Chief Executive Officer considers necessary, including a planning director and a director of finance, to ensure the provision of services under this Act or otherwise fulfil the mandate of the Commission.
14(2)A director of finance is required to be a chartered professional accountant.
2021, c.44, s.6; 2022, c.31, s.1
Contracts
15(1)On the terms approved by the Board, the Chief Executive Officer may, on behalf of the Commission, contract with any person that the Chief Executive Officer considers necessary to ensure the provision of services under this Act or to otherwise fulfil the mandate of the Commission.
15(2)Any person contracted with under subsection (1) is not an employee of the Commission.
2021, c.44, s.6
Delegation
16(1)Subject to subsection (3), a Commission may in writing delegate its powers or duties under this Act or the regulations to the chair or another member of the Board, to the Chief Executive Officer, to the planning director, to a committee of the Commission or to any employee of the Commission.
16(2)In a written delegation under subsection (1), the Commission may
(a) impose on the delegate terms and conditions that it considers appropriate, and
(b) in the case of a delegation of powers or duties to the Chief Executive Officer, authorize the Chief Executive Officer to subdelegate in writing the powers or duties to an employee of the Commission and to impose on the subdelegate any terms and conditions that the Chief Executive Officer considers appropriate, in addition to those imposed in the Commission’s written delegation.
16(3)A Commission shall not delegate the power or duty
(a) to enact, amend or repeal by-laws,
(b) to authorize borrowing,
(c) to adopt budgets,
(d) to set fees,
(d.1) to make a request for payment under subsection 20(3),
(e) to establish committees of the Board,
(f) to appoint individuals to committees of the Board, and
(g) to appoint or suspend the Chief Executive Officer or to terminate the employment of the Chief Executive Officer.
16(4)A delegate or subdelegate to whom this section applies shall comply with any terms and conditions imposed in the Commission’s written delegation.
16(5)A subdelegate to whom this section applies shall comply with any terms and conditions imposed on the subdelegate by the Chief Executive Officer.
16(6)A Commission may revoke, in whole or in part, a written delegation made under subsection (1).
16(7)If the Chief Executive Officer subdelegates a power or duty as authorized in a written delegation made under subsection (1), the Chief Executive Officer may revoke, in whole or in part, the subdelegation.
2021, c.44, s.6; 2022, c.56, s.1
Performance of duties
17Subject to any provision in this Act, the Chief Executive Officer may direct all employees of a Commission concerning the performance of their duties.
2021, c.44, s.6
3
SERVICES
Cost of services
18(1)All costs incurred by a Commission in relation to a service provided by or through the Commission to a member or other person receiving the service, including the costs of administration attributable to the service, are part of the costs of that service.
18(2)A member or other person receiving a service provided by or through the Commission shall contribute to the cost of the service.
Apportionment of costs
19(1)The costs attributable to each service, including a common service, provided by or through a Commission shall be apportioned among its members or other persons receiving the service in accordance with the regulations or, if no regulation has been made, by resolution of the Board.
19(2)If a Commission determines under subsection 3.4(2) that any or all of its members shall contribute to the costs attributable to any sport, recreational or cultural infrastructure, the costs related to that infrastructure shall be apportioned among any or all of the members by resolution of the Board or, if no resolution has been made, in accordance with the regulations.
19(3)Despite subsection (2), if the Minister orders the Commission under paragraph 3.4(5)(b) to require any or all of its members to contribute to the cost attributable to infrastructure among any or all of its members, those costs shall be apportioned in accordance with the regulations.
2021, c.44, s.6; 2022, c.56, s.1
Payment of costs
2021, c.44, s.6; 2022, c.56, s.1
20(1)Subject to any agreement to that end, a member or other person receiving a service referred to in subsection 19(1) that is provided by or through a Commission shall make payment for the service to the Commission at the time and in the manner approved by the Commission.
20(2)Subject to any agreement to that end, a member who is charged with a portion of the cost of infrastructure referred to in subsection 19(2) shall make payment to the Commission at the time and in the manner approved by the Commission.
20(3)If a member that is a local government is in arrears for a period in excess of 90 days with respect to any payment due under subsection (1) or (2), the Commission may request that the Minister make the payment to the Commission and deduct that amount from any money owed by the Province to the local government.
2021, c.44, s.6; 2022, c.56, s.1
Application of sections 18, 19 and 20 to costs of fulfilling mandate
2021, c.44, s.6
20.1For the purposes of sections 18, 19 and 20, the costs incurred by a Commission in relation to fulfilling its mandate shall be considered to be costs incurred by the Commission in relation to a service provided by or through the Commission, and sections 18, 19 and 20 apply with the necessary modifications to those costs.
2021, c.44, s.6
Solid waste disposal service
21(1)With respect to the provision of a solid waste disposal service and, if applicable, a solid waste collection service, a Commission may
(a) construct, acquire, establish, enlarge, control, manage, maintain and operate solid waste collection and disposal facilities,
(b) provide a solid waste management service, including the collection and disposal of solid waste, to a person, and
(c) operate solid waste collection and disposal facilities on behalf of a person.
21(2)With respect to the provision of a solid waste disposal service and, if applicable, a solid waste collection service, the Lieutenant-Governor in Council may exempt the Commission in whole or in part from the provisions of Part 3 of the Energy and Utilities Board Act.
Generation facility
22(1)With respect to the provision of a solid waste disposal service and, if applicable, a solid waste collection service, and subject to the regulations or to any other Act, a Commission may construct, own and operate a generation facility and may use the electricity for its own purposes or sell it to a distribution electric utility or another person, but shall not own or operate a distribution system.
22(2)Subject to the regulations, for the purposes of subsection (1), a Commission may enter into an agreement with respect to
(a) the joint acquisition, transfer, ownership, management, establishment, repair, operation, alteration or extension of a generation facility,
(b) the costs of construction and operation of a generation facility that may be shared by the parties to the agreement, and
(c) the use or sale of the electricity generated by a generation facility.
22(3)A Commission that constructs, owns or operates a generation facility shall establish a generation facility fund.
Regional land use plan
2021, c.44, s.6
23If a Commission prepares a regional land use plan, the regional land use plan shall be prepared in accordance with section 18.1 of the Community Planning Act.
2017, c.20, s.161; 2021, c.44, s.6
Power and duties with respect to land use planning
24(1)With respect to the provision of a land use planning service, a Commission shall have the following powers and duties:
(a) those powers and duties accruing under the following provisions:
(i) any zoning by-law provision under paragraph 53(2)(h) or (i) or paragraph 53(3)(c) of the Community Planning Act with respect to particular uses of land, and any similar provision in
(A) a rural plan under subsection 33(1) or 44(6) of the Community Planning Act, or
(B) a rural plan or zoning regulation under paragraph 125(9)(a) of the Community Planning Act;
(ii) sections 55, 56 and 78, paragraphs 125(10)(e) and 125(11)(b) of the Community Planning Act, with respect to certain proposed uses and to variance,
(iii) subsections 60(2) and (4) of the Community Planning Act, with respect to non-conforming uses,
(iv) any subdivision by-law provision under paragraph 75(1)(c), (f) or (l) of the Community Planning Act, with respect to approval of an access, the location of land for public purposes and street names, respectively, and under paragraph 75(1)(k) of the Community Planning Act and any similar subdivision regulation provision under paragraph 125(10)(c) of the Community Planning Act, with respect to approval of a subdivision plan, and
(v) subsection 89(4) of the Community Planning Act, with respect to the location of streets or land for public purposes;
(b) if a Commission provides a land use planning service to a member that is a local government, to prepare
(i) a municipal plan or development scheme for a municipality in the region or a rural plan under section 33 of the Community Planning Act for a village in the region, or
(ii) a rural plan under section 44 or 51 of the Community Planning Act;
(c) to advise members that are local governments and the Minister
(i) subject to paragraph (b), in the preparation of plans, statements and schemes mentioned therein, and
(ii) in relation to any aspect of community planning within the region;
(d) if a member is a local government, to give its views to the council of a local government in the region that are proposing to enact a by-law on the proposed by-law or to the Minister on a proposed regulation to be effective in the region, whether or not such views have been requested under section 110 or subsection 125(14) of the Community Planning Act,
(e) to exercise the powers and perform the duties provided by this section or that are otherwise given to it by the Community Planning Act or the council of a member that is a local government.
24(2)A Commission shall appoint a planner as planning director and they shall also be the development officer throughout the region.
24(3)A Commission may enter into an agreement
(a) if the member is a local government, with the council of the local government with respect to a plan, statement or scheme prepared under subparagraph (1)(a)(i),
(b) if the member is a local government, with the council of the local government to supply any portion of a land use planning service in the local government at the expense of the local government, and
(c) with one or more councils referred to in paragraph (b) to supply any portion of a land use planning service in the local governments, with the cost to be apportioned among those members.
2017, c.20, s.161; 2021, c.44, s.6
Land use planning service in a local government
2017, c.20, s.161
25(1)Subject to this section, a Commission shall provide a land use planning service to its members that are local governments and that are not providing their own land use planning service.
25(2)A member that is a local government that is being provided a land use planning service by or through a Commission, may provide its own land use planning service if
(a) in the opinion of the Provincial Planning Director appointed under the Community Planning Act, the local government is able to provide a land use planning service in accordance with the requirements of the Community Planning Act and the Building Code Administration Act,
(b) the member pays to the Commission the costs directly associated with its withdrawal from a land use planning service provided by or through the Commission,
(c) in the opinion of the Minister, the member’s withdrawal from a land use planning service provided by or through the Commission will not threaten the financial viability of the land use planning services provided by or through the Commission to the other members of the Commission, and
(d) unless otherwise agreed by the Commission and the local government, the local government has provided no less than two years’ notice of its intention to withdraw from a land use planning service provided by or through the Commission.
25(3)A member that is a local government that is providing its own land use planning service may enter into an agreement with the Commission to provide to the Commission any portion of a land use planning service.
25(4)Subject to the regulations, a member that is a local government providing its own land use planning service may by agreement with the Commission request that the Commission provide the service on its behalf.
25(5)A Commission shall provide to the Minister, in the manner and form determined by the Minister, the names of its members or other persons for whom the Commission provides a land use planning service.
2017, c.20, s.161; 2021, c.44, s.6
4
FINANCIAL MATTERS
Fiscal year
26The fiscal year of a Commission is the calendar year.
Annual budget
27(1)In accordance with the regulations, a Board shall prepare and adopt for each fiscal year
(a) an operating budget, and
(b) a capital budget.
27(2)A motion made at a meeting of a Board to approve a budget referred to in subsection (1) shall not pass unless at least two-thirds of the voting members present, who represent at least 51% of the total population represented by all the voting members present, vote in favour.
27(3) In respect of the fiscal year for which it is prepared, a budget shall set out the estimated revenue and expenditures for each service provided by a Commission and for any other activity carried out by a Commission for the purpose of fulfilling its mandate, in the detail and in the form that the Minister requires.
27(4)A Commission shall make provision for revenues so as to produce an annually balanced budget with respect to each service provided and activity carried out by the Commission.
27(5)If the proceeds from the operation of generation facilities operated by a Commission are insufficient to produce a balanced budget as provided for under subsection (4), the Commission may make, by resolution of the Commission, a charge against the operating fund of the solid waste disposal service and, if applicable, a solid waste collection service provided by the Commission.
27(6)If a Commission operates a generation facility, the Commission may transfer some or all of any audited surplus of the generation facility fund to the operating fund of the solid waste disposal service and, if applicable, a solid waste collection service provided by the Commission, by resolution of the Commission, commencing with the second next ensuing year.
27(7)If a Commission has a deficit with respect to a service or activity at the end of its fiscal year, the Commission shall cause the deficit to be debited against the Commission’s budget with respect to that service or activity for the second next ensuing year.
27(8)If a Commission has a surplus with respect to a service or activity at the end of its fiscal year, the Commission shall cause the surplus to be credited to the Commission’s budget with respect to that service or activity for the second next ensuing year.
27(9)A Commission may establish and manage, in accordance with the regulations, reserve funds in relation to a service it provides or in relation to an activity it carries out.
2021, c.44, s.6
Notice to members and Minister
28A Board shall not vote on a budget for the Commission, borrow money or set fees for services unless the Commission has given written notice of the vote and a copy of the proposed budget, borrowing or fees to its members that are local governments and to the Minister at least 45 days before the vote.
2017, c.20, s.161
Financial statements
29(1)Within three months after the end of its fiscal year, a Commission shall ensure that annual audited financial statements are prepared in conformity with subsection (2) and shall provide copies of the audited financial statements to each member that is a local government and to the Minister.
29(2)The annual audited financial statements required under subsection (1) shall be conducted by a chartered professional accountant, in accordance with the systems of estimates, bookkeeping, accounting and auditing and all other guidelines prescribed under section 8 of the Control of Municipalities Act.
2014, c.28, s.80; 2017, c.20, s.161
Liability in case of default
30If a Commission defaults in any payment required to be made by the Commission, its members are liable for their proportional share of the payment.
5
GENERAL PROVISIONS
Administration
31The Minister is responsible for the administration of this Act and may designate one or more persons to act on the Minister’s behalf.
Minister shall notify
32The Minister shall notify the Commissions, in the manner the Minister considers appropriate, before the Commissions become responsible for the provision of a common service, other than the common services referred to in paragraphs 4(2)(a) and (b).
2021, c.44, s.6
Annual report
33Within three months after the end of its fiscal year, a Commission shall prepare and submit to its members that are local governments and to the Minister an annual report in which is set out a description of its activities during the previous fiscal year and shall include any information prescribed by regulation.
2017, c.20, s.161
Appointment of a trustee
34(1)The Minister may, by order, appoint a trustee to act in place of the voting members of a Board if, in the opinion of the Minister,
(a) the Board is not functioning effectively,
(b) the Board fails to fulfil its responsibilities under this Act and the regulations, or
(c) it is in the public interest.
34(2)On the appointment of a trustee under subsection (1), the members of the Board cease to hold office and shall not perform any duties or exercise any powers assigned to them under this Act or the regulations.
34(3)A trustee appointed under this section
(a) has all the responsibilities, duties and powers of the Board, and
(b) shall be paid, out of the funds of the Commission, the remuneration and expenses determined by the Minister.
34(4)When a trustee is appointed, the former members on the Board shall immediately deliver to the trustee all funds and all books, records and documents respecting the management and activities of the Commission.
34(5)If, in the opinion of the Minister, a trustee is no longer required, the Minister may terminate the appointment of the trustee on the terms and conditions that the Minister considers advisable and reinstate the voting members of the Board.
2021, c.44, s.6
Conflict of interest
35A Commission, every member of the Board of a Commission, the Chief Executive Officer and every employee of a Commission shall comply with the provisions respecting conflict of interest that are prescribed in the regulations.
2021, c.44, s.6
Plans and reports to be made public
36(1)A Commission shall make available to the public its annual report and regional strategy, any regional land use plan and the rural plan of its rural district member.
36(2)A member that is a local government shall make its municipal plan or rural plan available to the public.
2017, c.20, s.161; 2021, c.44, s.6
Review of this Act
2021, c.44, s.6
36.1Within seven years after January 1, 2023, the Minister shall undertake a comprehensive review of the operation of this Act and shall, within one year after the review is undertaken or within such further time as the Legislative Assembly allows, submit a report on the review to the Legislative Assembly.
2021, c.44, s.6
Regulations
37The Lieutenant-Governor in Council may make regulations
(a) describing and identifying a region, including prescribing local governments and a rural district for a region;
(b) describing and identifying a Commission;
(c) Repealed: 2021, c.44, s.6
(d) if a change in a region affects an existing Commission or requires the establishment of another Commission, respecting the amalgamation, dissolution or establishment of a Commission and making any adjustments of assets and liabilities of Commissions that they agree on, or, in default of agreement, that the Lieutenant-Governor in Council deems equitable;
(d.1) prescribing Commissions that are mandated to develop a plan for integrating and coordinating services to address homelessness, poverty and mental health;
(d.11) prescribing any other matter for the purposes of paragraph 3.2(1)(f);
(d.2) respecting a regional strategy of a Commission for the purposes of subsection 3.2(2), including, without limitation,
(i) providing for its form and content,
(ii) providing for an implementation plan,
(iii) providing for performance targets, and
(iv) providing for an accountability framework;
(d.21) respecting the schedule for updating the regional strategy, for the purposes of subsection 3.2(4);
(d.3) prescribing other activities for the purposes of paragraph 3.3(d);
(d.31) respecting the identification of infrastructure for the purposes of subsection 3.4(1), including, without limitation,
(i) providing for its form and content, and
(ii) establishing criteria to be considered;
(d.4) prescribing the terms and conditions of an assessment or a determination made under subsection 3.4(2);
(d.41) governing the management of sport, recreational and cultural infrastructure that is the subject of a determination made under subsection 3.4(2) and the agreements and contracts that result from that determination;
(d.5) respecting, for the purposes of subsection 19(1), the manner and procedure for determining the apportionment of costs of a service provided by or through a Commission among its members or other persons receiving the service, including common services, which may vary according to the category of service;
(d.6) respecting, for the purposes of subsection 19(2), the manner and procedure for determining the apportionment of costs attributable to regional sport, recreational and cultural infrastructure;
(d.7) respecting the manner and procedure for determining the apportionment of costs incurred by a Commission in relation to fulfilling its mandate among the members of a Commission and other persons;
(d.8) prescribing services provided by or through a Commission that are required to meet service delivery standards;
(d.9) establishing service delivery standards for a service referred to in paragraph (d.8);
(e) respecting agreements that a Commission may enter into for the purpose of this Act, including the sharing of the cost and other matters related to the construction, ownership or operation of a generation facility and the use or sale of the electricity generated;
(f) respecting the financing in relation to the undertakings of a Commission;
(g) respecting additional functions and duties for Commissions;
(h) Repealed: 2021, c.44, s.6
(i) Repealed: 2021, c.44, s.6
(j) respecting alternates for members of a Board;
(k) respecting meetings of a Board, including prescribing the quorum for a meeting;
(l) respecting voting procedures and requirements for Boards, including the weighting of votes for proportional representation and the manner in which decisions may be made by Boards;
(m) prescribing the circumstances in which a Commission may perform a function or duty outside its region;
(n) respecting the powers and duties of a Chief Executive Officer;
(o) Repealed: 2021, c.44, s.6
(p) with respect to the common service of solid waste disposal,
(i) limiting the circumstances in which a Commission may accept solid waste from outside the region;
(ii) respecting the types of waste for which Commissions are responsible;
(q) Repealed: 2021, c.44, s.6
(r) Repealed: 2021, c.44, s.6
(s) respecting the contents of an agreement referred to in subsection 25(3) or (4);
(t) Repealed: 2021, c.44, s.6
(u) respecting the financial management of Commissions, including borrowing by a Commission;
(v) respecting the preparation, adoption and submission of operational and capital budgets with respect to each service provided by a Commission;
(w) respecting the establishment and management of reserve funds for a service provided by a Commission, and the purposes and amounts of those funds;
(x) respecting the preparation and submission of annual reports by a Commission;
(x.1) prescribing information required to be included in an annual report of a Commission, including information on any service delivery standards established under paragraph (d.9);
(y) prescribing conflict of interest rules for a Commission;
(z) prescribing, in respect of offences under the regulations, categories of offences for the purposes of Part 2 of the Provincial Offences Procedure Act;
(aa) respecting notice requirements from a Commission to its members;
(bb) defining any word or expression used in but not defined in this Act for the purposes of this Act, the regulations or both;
(cc) prescribing anything required to be prescribed by this Act;
(dd) respecting any other matter that may be necessary for the proper administration of this Act and the management and conduct of the affairs of a Commission.
2017, c.20, s.161; 2021, c.44, s.6; 2022, c.56, s.1
6
TRANSITIONAL PROVISIONS AND COMMENCEMENT
Repealed: 2021, c.44, s.6
2021, c.44, s.6
Regional solid waste commissions
Repealed: 2021, c.44, s.6
2021, c.44, s.6
38Repealed: 2021, c.44, s.6
2021, c.44, s.6
No action, application or proceeding
Repealed: 2021, c.44, s.6
2021, c.44, s.6
39Repealed: 2021, c.44, s.6
2021, c.44, s.6
References to regional solid waste commission
Repealed: 2021, c.44, s.6
2021, c.44, s.6
40Repealed: 2021, c.44, s.6
2021, c.44, s.6
Transfer of property and obligations
Repealed: 2021, c.44, s.6
2021, c.44, s.6
41Repealed: 2021, c.44, s.6
2021, c.44, s.6
Legal proceedings
Repealed: 2021, c.44, s.6
2021, c.44, s.6
42Repealed: 2021, c.44, s.6
2021, c.44, s.6
Employees continued
Repealed: 2021, c.44, s.6
2021, c.44, s.6
43Repealed: 2021, c.44, s.6
2021, c.44, s.6
Budget of regional solid waste commission
Repealed: 2021, c.44, s.6
2021, c.44, s.6
44Repealed: 2021, c.44, s.6
2021, c.44, s.6
District planning commissions
Repealed: 2021, c.44, s.6
2021, c.44, s.6
45Repealed: 2021, c.44, s.6
2021, c.44, s.6
No action, application or proceeding
Repealed: 2021, c.44, s.6
2021, c.44, s.6
46Repealed: 2021, c.44, s.6
2021, c.44, s.6
Reference to district planning commission
Repealed: 2021, c.44, s.6
2021, c.44, s.6
47Repealed: 2021, c.44, s.6
2021, c.44, s.6
Transfer of property and obligations
Repealed: 2021, c.44, s.6
2021, c.44, s.6
48Repealed: 2021, c.44, s.6
2021, c.44, s.6
Legal proceedings
Repealed: 2021, c.44, s.6
2021, c.44, s.6
49Repealed: 2021, c.44, s.6
2021, c.44, s.6
Employees continued
Repealed: 2021, c.44, s.6
2021, c.44, s.6
50Repealed: 2021, c.44, s.6
2021, c.44, s.6
Decisions, orders and permits
Repealed: 2021, c.44, s.6
2021, c.44, s.6
51Repealed: 2021, c.44, s.6
2021, c.44, s.6
Budget of district planning commission
Repealed: 2021, c.44, s.6
2021, c.44, s.6
52Repealed: 2021, c.44, s.6
2021, c.44, s.6
Planning districts under the Community Planning Act
Repealed: 2021, c.44, s.6
2021, c.44, s.6
53Repealed: 2021, c.44, s.6
2021, c.44, s.6
Moncton, Dieppe and the Town of Riverview
Repealed: 2021, c.44, s.6
2021, c.44, s.6
54Repealed: 2021, c.44, s.6
2021, c.44, s.6
Village of Doaktown
Repealed: 2021, c.44, s.6
2021, c.44, s.6
55Repealed: 2021, c.44, s.6
2021, c.44, s.6
Commencement
Repealed: 2021, c.44, s.6
2021, c.44, s.6
56Repealed: 2021, c.44, s.6
2021, c.44, s.6
N.B. This Act is consolidated to December 13, 2023.