Acts and Regulations

2023-35 - Regional Services Support Fund

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Current to 1 January 2024
NEW BRUNSWICK
REGULATION 2023-35
under the
Community Funding Act
(O.C. 2023-152)
Regional Service Delivery Act
(O.C. 2023-152)
Filed June 29, 2023
Under section 25 of the Community Funding Act and section 37 of the Regional Service Delivery Act, the Lieutenant-Governor in Council makes the following Regulation:
Citation
1This Regulation may be cited as the Regional Services Support Fund Regulation – Community Funding Act.
Definitions
2The following definitions apply in this Regulation.
“Commission” means a Commission as defined in the Regional Service Delivery Act. (commission)
“Fund” means Fund as defined in the Community Funding Act. (Fonds)
“region” means a region as defined in the Regional Service Delivery Act. (région)
Eligibility of activities
3(1)For the purposes of clause 25(a)(i)(A) of the Community Funding Act, when the Minister selects activities that are eligible for a grant, the Minister shall be satisfied that each activity supports the implementation of the priority services and actions established in the regional strategy of the Commission under section 3.2 of the Regional Service Delivery Act.
3(2)For greater certainty, an activity that is receiving funding under another program of the Government of New Brunswick, the Government of Canada or from the private or not-for-profit sector is also eligible for a grant under the Community Funding Act to the extent that it meets the condition set out in subsection (1).
3(3)When the Minister determines whether a proposed activity meets the condition set out in subsection (1), the Minister shall consider, in particular,
(a) the components of the regional strategy of the Commission referred to in paragraphs 18.6(f), (g) and (h) of the General Regulation – Regional Service Delivery Act, and
(b) the implementation plan for the regional strategy of the Commission referred to in section 18.7 of that regulation.
Maintaining eligibility
4(1)For the purposes of subparagraph 25(a)(iii) of the Community Funding Act, to maintain eligibility for payment of a grant referred to in section 3 for an activity, the Commission shall meet the following conditions:
(a) the Commission shall demonstrate to the satisfaction of the Minister that the funds received have been expended in accordance with the purposes for which they were granted;
(b) the Commission shall include the following components in its annual report referred to in section 33 of the Regional Service Delivery Act:  
(i) a description of the activity undertaken with the support of the grant;
(ii) the impact of the activity on the region;
(iii) the expenses incurred; and
(iv) an assessment of the performance of the activity in relation to performance indicators; and
(c) the Commission shall provide a copy of its audited financial statements to the Minister as required under subsection 29(1) of the Regional Service Delivery Act.
4(2)Until the Commission meets the conditions under subsection (1), the Minister may refuse
(a) to pay any portion of an approved grant for the activity, or
(b) to approve any new application for a grant or to make any payment in respect of the application.
Funding formula
5(1)Each year, a Commission is entitled, for all of the activities approved in the region under section 3, to the regional allocation established in accordance with the following formula:
A × B
where
A is the adjusted per capita regional allocation; and
B is the total population of the region.
5(2)For the purposes of subsection (1), the value of variable “A” shall be established in accordance with the following formula:
C × D
where
C is the average per capita provincial allocation; and
D is the regional fiscal capacity index.
5(3)For the purposes of subsection (2)
(a) the value of variable “C” shall be established in accordance with the following formula:
E / F
where
E is the amount of the sum paid to the Fund in the current year; and
F is the total population of the Province; and
(b) the value of variable “D” shall be established in accordance with the following formula:
1 + (1 – G)
where
G is the fiscal capacity of the region.
5(4)For the purposes of paragraph (3)(b), the value of variable “G” shall be established in accordance with the following formula:
H / I
where
H is the per capita regional tax base; and
I is the per capita provincial tax base.
5(5)For the purposes of subsection (4),
(a) the per capita regional tax base shall be calculated by dividing the regional tax base by the total population of the region,
(b) the per capita provincial tax base shall be calculated by dividing the provincial tax base by the total population of the province,
(c) the regional tax base is equal to the sum of the tax bases of all municipalities, rural communities and rural districts in a region, calculated in accordance with sections 2 to 5 of the Community Funding Act, and
(d) the provincial tax base is equal to the sum of all regional tax bases.
Credited amount
6When the total value of applications for grants submitted in a year by a Commission under subsection 16(2) of the Community Funding Act for activities considered eligible under section 3 does not equal the amount to which the Commission is entitled for that year under section 5, the difference shall be credited to the Commission for not more than three years and added to any other amount to which the Commission is entitled.
Periodic payments
7The sum to be paid to a Commission in a year for all activities considered eligible under section 3 and for which grant applications were made shall be divided into four equal payments to be made on the first business day of each quarter.
N.B. This Regulation is consolidated to June 29, 2023.