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Regulation number	Title
2023, c.18	Local Governance Commission Act

Under section 84 of the Local Governance Commission Act, the Lieutenant-Governor in Council makes the following Regulation:

Citation

1 This Regulation may be cited as the General Regulation – Local Governance Commission Act.

Definition of “Act”

2 In this Regulation, “Act” means the Local Governance Commission Act.

Recovery of fees and expenses payable with respect to investigations

3For the purposes of section 21 of the Act, the Commission may send an invoice to a local government, local board or regional service commission that is the subject of an investigation for the amount of the fees and expenses payable with respect to the investigation either during or following the investigation.

Recovery of fees and expenses payable with respect to audits

4 For the purposes of section 25 of the Act, the Commission may send an invoice to a local government, local board or regional service commission that is the subject of an audit for the amount of the fees and expenses payable with respect to the audit following completion of the audit.

Criteria for default

5 For the purposes of paragraph 26(1)(a) of the Act, a council has defaulted in meeting its obligations if

(a) the council has not passed the by-laws or resolutions required for its administration or financial management,

(b) as a result of financial instability, the council has failed to meet and pay any of its debts or liabilities, including debentures and interest, when due,

(c) the council has not developed a reasonable plan for meeting its future financial obligations,

(d) the council has made damaging financial decisions beyond the approved estimates, or

(e) the council has not recruited or retained the officers legally required for the administration of the local government.

Notice of control

6 For the purposes of paragraphs 31(b) and 38(4)(b) of the Act, notice shall be given by at least two of the following means:

(a) publishing the notice in a newspaper published or having general circulation in the local government;

(b) posting the notice on the Commission’s website and the local government’s website or social media page;

(c) sending the notice by ordinary mail or e-mail to all those affected; or

(d) posting the notice in a community centre or any other place accessible to the public.

Recovery of fees and expenses payable with respect to supervisors

7For the purposes of section 39 of the Act, the Commission may send an invoice to a local government or local board that is under supervision for the amount of the fees and expenses payable with respect to the supervisor either during the supervision or following the termination of the appointment of the supervisor.

Review of decision of regional service commission

8(1)For the purposes of subsection 48(2) of the Act, the Commission shall consider the report of the regional service commission referred to in subsection 3.4(3) of the Regional Service Delivery Act and any other information the Commission considers relevant within 45 days after receiving the report.

8(2)The Commission may request additional information from the regional service commission with respect to the decision referred to in section 47 of the Act, and the regional service commission shall provide the information within 15 days after receiving the request.

Report respecting a proposal for restructuring

9For the purposes of subsection 50(1) of the Act, the report prepared for the Commission shall contain the following information:

(a) with respect to the proposed local government:

(i) the name;

(ii) the category of local government;

(iii) the territorial limits of each area affected;

(iv) the composition of council, including

(A) the number of councillors, whether councillors at large, by ward or a combination of the two, and

(B) if it is proposed that the local government be divided into wards, the territorial limits of the wards;

(v) the estimated population;

(vi) the estimated tax base;

(b) the estimated impact of the proposal on the provision of services for any affected local government or rural district;

(c) the estimated impact of the proposal on the delivery of services by a regional service commission;

(d) the estimated impact of the proposal on local commissions and local boards;

(e) a plan listing any proposed tax rate changes for any affected portion of a local government or rural district;

(f) the estimated impact of the proposal on the local government’s obligations under the Official Languages Act;

(g) a summary of the consultation on the proposal, the engagement carried out and the feedback received;

(h) any changes to the proposal as a result of the consultation and engagement; and

(i) a detailed transition plan.

N.B. This Regulation is consolidated to May 15, 2024.

2024-29 - General

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