Acts and Regulations

2005-98 - Shared Service Agreement

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Revoked on 11 July 2018
NEW BRUNSWICK
REGULATION 2005-98
under the
Municipalities Act
(O.C. 2005-266)
Filed July 15, 2005
Under subsection 192(1) of the Municipalities Act, the Lieutenant-Governor in Council makes the following Regulation:
Repealed: 2018-61
Citation
1This Regulation may be cited as the Shared Service Agreement Regulation - Municipalities Act.
Definitions
2The following definitions apply in this Regulation.
“Act” means the Municipalities Act. (Loi)
“party” means a party to a shared service agreement. (partie)
“service” means a service provided by a municipality or rural community under the authority of the Act. (service)
“shared service agreement” means an agreement entered into under the authority of(convention de mise en commun des services)
(a) in the case of a municipality, subsection 7(4) of the Act, and
(b) in the case of a rural community, subsection 190.08(2) of the Act.
Shared service agreement
3(1)A shared service agreement may be entered into with respect to
(a) a service provided by a municipality or a rural community, and
(b) the provision of a service within or outside the territorial limits of a municipality or a rural community.
3(2)A shared service agreement may delegate to a committee, board or commission the authority to provide a service and may include the terms of reference with regard to the delegation.
3(3)A shared service agreement may include provisions with respect to the following:
(a) a description of the service provided under the agreement;
(b) the area in which the service shall be provided;
(c) how and by whom the service shall be provided;
(d) how and by whom the service shall be administered;
(e) how the capital and current costs of the service shall be paid, including the method of calculating the proportion of the capital and current costs that shall be paid by a party;
(f) the proportion of the capital and current costs that shall be paid by a party for the service;
(g) when a party shall pay its portion of the capital and current costs for the service;
(h) the rate of interest that may be charged on a payment that is in arrears;
(i) whom shall own, during the term of the agreement, capital assets acquired under or in furtherance of the agreement;
(j) the disposition of capital assets during the term of the agreement or upon termination of the agreement;
(k) the sharing of liabilities among the parties during the term of the agreement or upon termination of the agreement;
(l) amending, reviewing or terminating the agreement;
(m) resolving disputes among the parties that arise as a result of the agreement; and
(n) any other matter agreed to by the parties.
Commencement
4This Regulation comes into force on July 15, 2005.
N.B. This Regulation is consolidated to July 11, 2018.