Acts and Regulations

2012, c.37 - Regional Service Delivery Act

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Document at 2 December 2016
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
Definitions
1The following definitions apply in this Act.
“Board” means the board of directors of a regional service commission.(conseil)
“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” means a person appointed as an Executive Director under section 13.(directeur général)
“generation facility” means a generation facility as defined in the Electricity Act.(installation de production)
“member” , with respect to a regional service commission, means a municipality, a rural community or a local service district within the region for which the commission is established.(membre)
“Minister” means the Minister of Environment and 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 development plan adopted under section 24 of the Community Planning Act.(plan municipal)
“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 plan” means a regional development plan under section 18 of the Community Planning Act.(plan régional)
“rural plan” means a rural plan under subsection 27.2(1), 77(2.1) or 77.2(1) 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
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)On the recommendation of the Minister and in accordance with the regulations, the Lieutenant-Governor in Council may
(a) amend the boundaries of a region,
(b) amalgamate two or more regions,
(c) dissolve one or more regions, or
(d) establish, describe and identify other regions.
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.
Common services
4(1)Unless otherwise provided in this Act, on and after the coming into force of this section, 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) to all its members,
(i) a regional planning service, and
(ii) a solid waste disposal service, and
(b) to all its members that are local service districts, a land use planning service.
Encourage and facilitate initiatives
5A Commission shall provide its members with a forum in order to initiate cooperative action among its members, which shall include discussions with respect to the following:
(a) the effectiveness and efficiency of policing services;
(b) the coordination and pooling of resources in planning for emergency situations, including cooperative action with respect to the development of mutual assistance agreements;
(c) the development, planning and financing of regional initiatives, including common or regional sport, recreational and cultural facilities; and
(d) the facilitation of administrative, financial and other service arrangements.
Agreements for the provision of a service
6Subject 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.
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)Each Board shall consist of
(a) the mayors of each municipality or rural community within a region, and
(b) where a member of a Commission is a local service district, at large representatives chosen by and in accordance with the regulations.
9(3)A member of the Board referred to in paragraph (2)(b) shall hold office for a term prescribed by regulation and the term may be renewed.
9(4)If a member of the Board referred to in subsection (2) 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.
Interim boards
10(1)Despite subsection 9, an interim board of directors is established for each Commission and shall consist of the following persons appointed by the Minister:
(a) the mayors of each municipality or rural community within a region; and
(b) where a member of a Commission is a local service district, at large representatives chosen in accordance with the regulations.
10(2)An interim board shall
(a) elect a chair from among the persons appointed under subsection (1),
(b) make and approve a procedural by-law, and
(c) approve the first budget for the Commission before November 15, 2012.
10(3)An interim board may
(a) appoint an Executive Director and any appointment when made shall not be effective before January 1, 2013,
(b) make and approve by-laws with respect to the establishment and operation of committees of the Board and to determine their mandate,
(c) manage and control the bank accounts and other necessary banking operations of the Commission, and
(d) incur expenses or undertake an obligation that are necessary and incidental to the affairs of the Commission.
10(4)The by-laws made and approved by the interim board of a Commission shall
(a) be the by-laws of the Commission until they are repealed or amended, and
(b) not be effective before January 1, 2013.
10(5)A motion made at a meeting of an interim board, other than a motion to approve a first budget for the Commission, shall not pass unless a majority of the members of the interim board present vote in favour.
10(6)The terms of office of the members of an interim board continue until their successors referred to in subsection 9(2) take office.
First budget
11(1)The Minister, in consultation with the respective regional solid waste commission, district planning commission and interim board, shall prepare the budget for the first fiscal year of each Commission.
11(2)The Minister shall provide a copy of the first budget to the respective interim board of a Commission for its approval.
11(3)A motion made at a meeting of an interim board to approve the first budget of a Commission shall not pass unless at least two-thirds of the members of the interim board present, who represent at least two-thirds of the total population represented by all the members of the interim board present, vote in favour.
11(4)If a first budget is not approved by the interim board of a Commission by the date referred to in paragraph 10(2)(c), the Minister shall approve the first budget on behalf of the interim board.
11(5)The decision of the Minister to approve the interim budget under subsection (4) is final and not subject to review.
11(6)The proportional share of the estimates required for the operation of a Commission, as referred to in the interim budget, shall be included in the budgets of each member of the Commission for the 2013 fiscal year.
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).
Executive Director
13(1)A Board shall appoint an Executive Director of the Commission and establish the terms and conditions of the Executive Director’s appointment.
13(2)The Executive Director shall perform the duties and may exercise the powers imposed on the Executive Director by this Act and the regulations, or the Board.
Employees
14The Executive Director may, on behalf of a Commission, employ such persons as the Executive Director considers necessary, including a planning director, to ensure the provision of services or the carrying out of the powers or duties of the Commission.
Contracts
15(1)On the terms approved by the Board, the Executive Director may, on behalf of the Commission, contract with any person that the Executive Director considers necessary to ensure the provision of services under this Act.
15(2)Any person contracted with under subsection (1) is not an employee of the Commission.
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 Executive Director, 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 Executive Director, authorize the Executive Director 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 Executive Director 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,
(e) to establish committees of the Board,
(f) to appoint individuals to committees of the Board, and
(g) to appoint or suspend the Executive Director or to terminate the employment of the Executive Director.
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 Executive Director.
16(6)A Commission may revoke, in whole or in part, a written delegation made under subsection (1).
16(7)If the Executive Director subdelegates a power or duty as authorized in a written delegation made under subsection (1), he or she may revoke, in whole or in part, the subdelegation.
Performance of duties
17Subject to any provision in this Act, the Executive Director may direct all employees of a Commission concerning the performance of their duties.
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
19The costs of each service, including a common service, provided by or through a Commission shall be apportioned among its members or other person receiving the service in a manner and in accordance with the regulations or, if no regulation has been made, by resolution of the Board.
Payment for services
20(1)Subject to any agreement, any amount that a council of a municipality, a rural community council or local service district in a region or other person is required to pay with respect to the provision of a service, including a common service, by or through a Commission shall be paid to the Commission at the time and in the manner approved by the Commission.
20(2)If a municipality or a rural community is in arrears for a period in excess of 90 days with respect to any payment due under subsection (1), the Minister may make the payment to the Commission and deduct a similar amount from any money owed by the Province to the municipality or the rural community, as the case may be.
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 plan
23(1)A Commission shall prepare a regional plan for its region in accordance with sections 17 to 22 of the Community Planning Act.
23(2)A regional plan shall be adopted by a Commission within the time prescribed by regulation.
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 34(3)(g) or (h) or paragraph 34(4)(c) of the Community Planning Act with respect to particular uses of land, and any similar provision in
(A) a rural plan under subsection 27.2(1), or 77.2(5) of the Community Planning Act, or
(B) a rural plan or zoning regulation under paragraph 77(6)(a) of the Community Planning Act;
(ii) sections 35, 36 and 46, paragraph 77(6)(c), and paragraph 77(8)(b) of the Community Planning Act, with respect to certain proposed uses and to variance,
(iii) subsections 40(2) and (4) of the Community Planning Act, with respect to non-conforming uses,
(iv) any subdivision by-law provision pursuant to paragraph 42(3)(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 pursuant to paragraph 42(3)(k) of the Community Planning Act and any similar subdivision regulation provision under paragraph 77(7)(b) of the Community Planning Act, with respect to approval of a subdivision plan, and
(v) subsection 56(2) 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 municipality or a rural community, to prepare
(i) a municipal plan, basic planning statement, development scheme or urban renewal scheme for a municipality in the district or a rural plan under subsection 27.2(1) of the Community Planning Act for a village in the district, or
(ii) a rural plan under subsection 77(2.1) or 77.2(1) of the Community Planning Act;
(c) to advise members that are municipalities and rural communities 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 municipality or rural community, to give its views to the council of a municipality or rural community council 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 66 or subsection 77(11) 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 municipality or rural community council of a member.
24(2)A Commission shall appoint a planner as planning director and he or she shall also be the development officer throughout the region.
24(3)A Commission may enter into an agreement
(a) where the member is a municipality or a rural community, with the council of the municipality or the rural community council with respect to a plan, statement or scheme prepared under subparagraph (1)(a)(i),
(b) where the member is a municipality or a rural community, with the council of the municipality or the rural community council to supply any portion of a land use planning service in the municipality or the rural community at the expense of the municipality or the rural community, and
(c) with one or more councils referred to in paragraph (b) to supply any portion of a land use planning service in the municipalities, rural communities or both, as the case may be, with the expense to be shared among those members.
Land use planning service in a municipality or rural community
25(1)Subject to this section, a Commission shall provide a land use planning service to its members that are municipalities or rural communities and that are not providing their own land use planning service.
25(2)In accordance with the criteria set out in regulation, a member that is a municipality or a rural community being provided a land use planning service by a Commission may on notice to the Commission, within the time prescribed by regulation, provide its own land use planning service.
25(3)A member that is a municipality or a rural community 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 municipality or a rural community 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.
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)Any 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 members present, who represent at least two-thirds of the total population represented by all the members present, vote in favour.
27(3)A budget shall set out, in the detail and in the form that the Minister requires, the estimated revenue and expenditures for each service provided by a Commission in respect of the financial year for which that budget is prepared.
27(4)A Commission shall make provision for revenues so as to produce an annually balanced budget with respect to each service provided 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 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 for the second next ensuing year.
27(8)If a Commission has a surplus with respect to a service 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 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.
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 municipalities or rural communities and to the Minister at least 45 days before the vote.
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 municipality or a rural community 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
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 he or she 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).
Annual report
33Within three months after the end of its fiscal year, a Commission shall prepare and submit to its members that are municipalities and rural communities 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.
Appointment of a trustee
34(1)The Lieutenant-Governor in Council may appoint a trustee to whom and in whom shall be transferred and vested on the appointment, without further action, all rights, powers, functions, duties and responsibilities of the members of a Board for such period as the Lieutenant-Governor in Council considers fit, 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 Lieutenant-Governor in Council may terminate the appointment of the trustee on the terms and conditions that the Lieutenant-Governor in Council considers advisable and, on the terms considered appropriate by the Minister, reinstate the members of the Board.
Conflict of interest
35A Commission, every member of the Board of a Commission, the Executive Director and every employee of a Commission shall comply with the provisions respecting conflict of interest that are prescribed in the regulations.
Plans and reports to be made public
36(1)A Commission shall make its annual report and its regional plan and the rural plans of its members that are local service districts available to the public.
36(2)A member that is a municipality or a rural community shall make its municipal plan or rural plan available to the public.
Regulations
37The Lieutenant-Governor in Council may make regulations
(a) describing a region and identifying its boundaries;
(b) describing and identifying a Commission;
(c) respecting amendments of the boundaries of a region, amalgamating or dissolving an existing region or establishing a new region;
(d) if the establishment, amalgamation or dissolution of 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 as they agree upon, or, in default of agreement, as the Lieutenant-Governor in Council deems equitable;
(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) respecting how at large representatives referred to in paragraph 9(2)(b) and subsection 10(1) are chosen, including prescribing any formula for the purpose of choosing those members of a Board;
(i) prescribing the terms of office of the at large representatives referred to in paragraph 9(2)(b) and subsection 10(1);
(j) prescribing who may be an alternate for a member 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 an Executive Director;
(o) respecting the manner and procedure for determining the apportionment of costs of a service provided by a Commission among its members or other persons receiving the service;
(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) prescribing the date for which a regional plan must be completed by a Commission and prescribing the period during which a regional plan must be reviewed;
(r) prescribing eligibility criteria for a planner;
(s) respecting the criteria, process and conditions under which a member that is a municipality or a rural community being provided a land use planning service by a Commission may provide its own land use planning service, including prescribing any notice and time requirements;
(t) respecting the conditions under which a member that is a municipality or a rural community not being provided a land use planning service by a Commission may have the service provided by the Commission, including prescribing any notice and time requirements;
(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;
(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.
6
TRANSITIONAL PROVISIONS AND COMMENCEMENT
Regional solid waste commissions
38(1)Regional solid waste commissions established or continued under the Clean Environment Act are dissolved on the commencement of this section.
38(2)The appointments of all persons who hold office as a member of a regional solid waste commission, including the executive officers, immediately before the commencement of this section are revoked.
38(3)All contracts, agreements and orders relating to allowances, fees, salaries, expenses, remuneration and compensation to be paid to the members of a regional solid waste commission are null and void.
38(4)Despite the provisions of any contract, agreement or order, no allowance, fee, salary, expenses, remuneration or compensation shall be paid to any member of a regional solid waste commission.
No action, application or proceeding
39(1)No action, application or other proceeding lies or shall be instituted against the Minister, the Crown in right of the Province, the members of a regional solid waste commission established or continued under the Clean Environment Act, the members of a regional service commission or its board of directors as a result of the dissolution of a regional solid waste commission or the revocation of appointments under subsection 38(2) and the transfer and vesting of rights, powers, authority, jurisdiction, privileges, franchises, entitlements, debts, obligations, liabilities, duties, responsibilities, property or interests in property by this Act.
39(2)Without restricting the generality of subsection (1), no action, application or other proceeding for dismissal, whether express, implied or constructive, lies or shall be instituted against the Minister, the Crown in right of the Province, the members of a regional solid waste commission, the members of a regional service commission or its board of directors in respect of any transfer or vesting of rights, powers, authority, jurisdiction, privileges, franchises, entitlements, debts, obligations, liabilities, duties or responsibilities by this Act.
References to regional solid waste commission
40Where in any Act, other than this Act, or in any rule, order, regulation, by-law, agreement or other instrument or document, reference is made to a regional solid waste commission established or continued under the Clean Environment Act, it shall be read, unless the context otherwise requires, as a reference to a regional service commission directed by the Minister.
Transfer of property and obligations
41All assets, liabilities, rights, obligations, powers and responsibilities of a regional solid waste commission established or continued under the Clean Environment Act are vested in the Minister and, on order in writing, are transferred to and become the assets, liabilities, rights, obligations, powers and responsibilities of the regional service commission directed by the Minister.
Legal proceedings
42Any action, suit or other legal proceeding to which a member of a regional solid waste commission established or continued under the Clean Environment Act is a party pending in any court immediately before the commencement of this section may be continued by or against the regional service commission directed by the Minister by order in writing, in like manner and to the same extent as it could have been continued by or against the regional solid waste commission.
Employees continued
43(1)Every person who was an employee of a regional solid waste commission established or continued under the Clean Environment Act immediately before the commencement of this section shall become an employee of the regional service commission directed by order in writing of the Minister.
43(2)An employee referred to in subsection (1) is not terminated by the transfer and shall be deemed
(a) to have been transferred to the regional service commission without interruption in service, and
(b) not to have been constructively dismissed.
43(3)A collective agreement applicable to an employee referred to in subsection (1) immediately before the commencement of this section shall continue in force and binds the respective regional service commission as employer until a new collective agreement comes into effect.
Budget of regional solid waste commission
44On the coming into force of this section, despite the provisions of the Clean Environment Act and regulations, a regional solid waste commission established or continued under the Clean Environment Act shall not prepare or vote on a budget for the regional solid waste commission for the 2013 fiscal year.
District planning commissions
45(1)District planning commissions established under the Community Planning Act are dissolved on the commencement of this section.
45(2)The appointments of all persons who hold office as a member of a district planning commission, including the chairman, immediately before the commencement of this section are revoked.
45(3)All contracts, agreements and orders relating to allowances, fees, salaries, expenses, remuneration and compensation to be paid to the members of a district planning commission are null and void.
45(4)Despite the provisions of any contract, agreement or order, no allowance, fee, salary, expenses, remuneration or compensation shall be paid to any member of a district planning commission.
No action, application or proceeding
46(1)No action, application or other proceeding lies or shall be instituted against the Minister, the Crown in right of the Province, the members of a district planning commission established under the Community Planning Act, the members of a regional service commission or its board of directors as a result of the dissolution of a district planning commission or the revocation of appointments under subsection 45(2) and the transfer and vesting of rights, powers, authority, jurisdiction, privileges, franchises, entitlements, debts, obligations, liabilities, duties, responsibilities, property or interests in property by this Act.
46(2)Without restricting the generality of subsection (1), no action, application or other proceeding for dismissal, whether express, implied or constructive, lies or shall be instituted against the Minister, the Crown in right of the Province, the members of a district planning commission, the members of a regional service commission or its board of directors in respect of any transfer or vesting of rights, powers, authority, jurisdiction, privileges, franchises, entitlements, debts, obligations, liabilities, duties or responsibilities by this Act.
Reference to district planning commission
47Where in any Act, other than this Act, or in any rule, order, regulation, by-law, agreement or other instrument or document, reference is made to a district planning commission established under the Community Planning Act, it shall be read, unless the context otherwise requires, as a reference to a regional service commission directed by the Minister.
Transfer of property and obligations
48All assets, liabilities, rights, obligations, powers and responsibilities of a district planning commission established under the Community Planning Act are vested in the Minister and, on order in writing, are transferred to and become the assets, liabilities, rights, obligations, powers and responsibilities of the regional service commission directed by the Minister.
Legal proceedings
49Any action, suit or other legal proceeding to which a district planning commission established under the Community Planning Act is a party pending in any court immediately before the commencement of this section may be continued by or against the regional service commission directed by order in writing of the Minister in like manner and to the same extent as it could have been continued by or against the district planning commission.
Employees continued
50(1)Every person who was an employee of a district planning commission established under the Community Planning Act immediately before the commencement of this section shall be an employee of the regional service commission directed by order, in writing, of the Minister.
50(2)An employee referred to in subsection (1) is not terminated by the transfer and shall be deemed
(a) to have been transferred to the regional service commission without interruption in service, and
(b) not to have been constructively dismissed.
Decisions, orders and permits
51Every decision, order, permit, rule, regulation and direction made or issued by a district planning commission established under the Community Planning Act that was in force immediately before the commencement of this section continues in force as if it were a decision, order, permit, rule, regulation or direction made or issued by the regional service commission directed by order, in writing, of the Minister.
Budget of district planning commission
52On the coming into force of this section, despite the provisions of the Community Planning Act and regulations, a district planning commission established under the Community Planning Act shall not prepare or vote on a budget for the district planning commission for the 2013 fiscal year.
Planning districts under the Community Planning Act
53Planning districts under the Community Planning Act are dissolved.
Moncton, Dieppe and the Town of Riverview
54For the purposes of this Act, the following municipalities are deemed to have provided their own land use planning service immediately before the commencement of this section:
(a) Moncton;
(b) Dieppe; and
(c) The Town of Riverview.
Village of Doaktown
55For the purposes of this Act, the Village of Doaktown shall be deemed to have received its land use planning service from the Miramichi Planning District Commission immediately before the commencement of this section.
Commencement
56Sections 1, 4 to 9, 12 to 17, 19 to 36, paragraphs 37(c) to (g) and (j) to (dd), sections 38 to 43, 45 to 51 and 53 to 55 come into force on January 1, 2013.
N.B. This Act is consolidated to September 1, 2014.