Acts and Regulations

2017, c.18 - Local Governance Act

Section 162
Disposition versions

Full text
Prescribing services or discontinuing services
Repealed: 2021, c.44, s.4
2021, c.44, s.4
162Repealed: 2021, c.44, s.4
2021, c.44, s.4
Prescribing services or discontinuing services
162(1)In this section, “service” includes a facility used as a recreational facility or a community services facility, whether the facility is located within a local service district or not, and does not include a service set out in paragraphs 161(1)(a) to (h).
162(2)Twenty-five or more residents of a local service district who are qualified to vote under the Elections Act may petition the Minister for the provision of a service or for the discontinuance of a service in that local service district.
162(3)A local service district advisory committee elected under section 169 may make a recommendation to the Minister that he or she provide a service or discontinue a service in that local service district.
162(4)If the Minister receives a petition under subsection (2) relating to a local service district that does not have an advisory committee, the Minister shall, in accordance with the regulations, call a meeting as soon as the circumstances permit after receiving the petition, of all the residents in the local service district who are most affected by the proposal and who are qualified to vote under the Elections Act and hold a vote on the proposed service change.
162(5)After being petitioned under subsection (2) or after receiving a recommendation under subsection (3) the Minister may, by order, prescribe that a service be provided in a local service district or in any area within a local service district or that a service be discontinued in a local service district or in any area within a local service district and, in determining whether to make the order, the Minister shall consider
(a) whether the service contributes to the peace, order and good government of the local service district and promotes the health, safety and welfare of its residents,
(b) if the local service district has an advisory committee, the committee’s recommendation about prescribing or discontinuing the service, as the case may be, and
(c) if the local service district does not have an advisory committee, the results of the vote held at a meeting called under subsection (4).
162(6)The Minister shall raise the money required for the provision of a service under this section in accordance with section 172.
162(7)If the Minister discontinues a service in an order made under subsection (5), all liabilities associated with the establishment of that service continue until discharged.
162(8)Despite subsections (4) and (5), the Minister may, without making an order, provide a service in a local service district or in any area within a local service district if that service is being provided by or through a regional service commission established under the Regional Service Delivery Act.
162(9)The Regulations Act does not apply to an order made under subsection (5).
162(10)The date for determining whether the elector qualifications under the Elections Act are met shall be the date of the making of the petition or the calling of the meeting, as the case may be.
Prescribing services or discontinuing services
162(1)In this section, “service” includes a facility used as a recreational facility or a community services facility, whether the facility is located within a local service district or not, and does not include a service set out in paragraphs 161(1)(a) to (h).
162(2)Twenty-five or more residents of a local service district who are qualified to vote under the Elections Act may petition the Minister for the provision of a service or for the discontinuance of a service in that local service district.
162(3)A local service district advisory committee elected under section 169 may make a recommendation to the Minister that he or she provide a service or discontinue a service in that local service district.
162(4)If the Minister receives a petition under subsection (2) relating to a local service district that does not have an advisory committee, the Minister shall, in accordance with the regulations, call a meeting as soon as the circumstances permit after receiving the petition, of all the residents in the local service district who are most affected by the proposal and who are qualified to vote under the Elections Act and hold a vote on the proposed service change.
162(5)After being petitioned under subsection (2) or after receiving a recommendation under subsection (3) the Minister may, by order, prescribe that a service be provided in a local service district or in any area within a local service district or that a service be discontinued in a local service district or in any area within a local service district and, in determining whether to make the order, the Minister shall consider
(a) whether the service contributes to the peace, order and good government of the local service district and promotes the health, safety and welfare of its residents,
(b) if the local service district has an advisory committee, the committee’s recommendation about prescribing or discontinuing the service, as the case may be, and
(c) if the local service district does not have an advisory committee, the results of the vote held at a meeting called under subsection (4).
162(6)The Minister shall raise the money required for the provision of a service under this section in accordance with section 172.
162(7)If the Minister discontinues a service in an order made under subsection (5), all liabilities associated with the establishment of that service continue until discharged.
162(8)Despite subsections (4) and (5), the Minister may, without making an order, provide a service in a local service district or in any area within a local service district if that service is being provided by or through a regional service commission established under the Regional Service Delivery Act.
162(9)The Regulations Act does not apply to an order made under subsection (5).
162(10)The date for determining whether the elector qualifications under the Elections Act are met shall be the date of the making of the petition or the calling of the meeting, as the case may be.