Acts and Regulations

2020-52 - Local Governance Act

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NEW BRUNSWICK
REGULATION 2020-52
under the
Local Governance Act
(O.C. 2020-218)
Filed October 30, 2020
Under subsection 191(1) of the Local Governance Act, the Lieutenant-Governor in Council makes the following Regulation:
Citation
1This Regulation may be cited as the Water Costs for Fire Protection Regulation – Local Governance Act.
Definitions
2The following definitions apply in this Regulation.
“Act” means the Local Governance Act.(Loi)
“subunit” means an area, or portions of an area, of a local government for which the local government fixes a rate under subsection 99(9) or (10) of the Act and for which the population has been determined by reference to the census of population from the latest official census of Statistics Canada. (sous-unité)
“water costs” (frais d’approvisionnement en eau)
(a) means the costs related to the following: 
(i) water purchased;
(ii) source of supply, including the operation and maintenance thereof;
(iii) power and pumping, including the operation and maintenance thereof;
(iv) transmission and distribution, including the operation and maintenance thereof;
(v) property taxes; and
(vi) debt charges attributable to water costs, including interest on long-term debt and principal payments; and
(b) does not include the costs related to the following: 
(i) purification and treatment;
(ii) wastewater or surface water drainage systems;
(iii) billing and collecting;
(iv) depreciation;
(v) allowance for accounts receivable; and
(vi) administration and general costs.
Portion of water costs relating to fire protection services
3(1)For the purposes of subsection 117(14) of the Act, the portion of the water costs relating to fire protection services that a local government may charge against the general operating fund shall be calculated as follows: 
(a) if the population of the local government as reported in the latest official census of Statistics Canada is fewer than 3,000 persons, an amount not exceeding 65% of its water costs;
(b) if the population of the local government as reported in the latest official census of Statistics Canada is between 3,000 persons and 5,999 persons, inclusive, an amount not exceeding 55% of its water costs;
(c) if the population of the local government as reported in the latest official census of Statistics Canada is between 6,000 persons and 15,999 persons, inclusive, an amount not exceeding 50% of its water costs;
(d) if the population of the local government as reported in the latest official census of Statistics Canada is between 16,000 persons and 49,999 persons, inclusive, an amount not exceeding 40% of its water costs; and
(e) if the population of the local government as reported in the latest official census of Statistics Canada is 50,000 persons or more, an amount not exceeding 35% of its water costs.
3(2)If more than one water system is in operation in a local government, the local government may calculate the amount under subsection (1) separately for each system based on the population of the subunit or the group of subunits where the service is provided and the total of those amounts shall represent the portion of the water costs relating to fire protection services that the local government may charge against the general operating fund of the local government.
3(3)A population of a subunit may be excluded from the calculation under subsection (1) or (2) if the population does not receive water services.
Repeal
4New Brunswick Regulation 81-195 under the Municipalities Act is repealed.