Acts and Regulations

96-11 - Regional Solid Waste Commissions

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Revoked on 1 January 2013
NEW BRUNSWICK
REGULATION 96-11
under the
Clean Environment Act
(O.C. 96-173)
Filed February 27, 1996
Under section 32 of the Clean Environment Act, the Lieutenant-Governor in Council makes the following Regulation:
Repealed: 2012, c.44, s.2
CITATION
Repealed: 2012, c.44, s.2
2012, c.44, s.2
1This Regulation may be cited as the Regional Solid Waste Commissions Regulation - Clean Environment Act.
DEFINITIONS
Repealed: 2012, c.44, s.2
2012, c.44, s.2
2In this Regulation
“Act” means the Clean Environment Act;
“annual budget” includes an annual operating budget and an annual capital budget;
“capital expense” means an expenditure for a tangible asset that confers a benefit on a regional solid waste commission for a period exceeding one year;
“fiscal year” means, in relation to a regional solid waste commission, the same fiscal year that is established for every municipality under subsection 87(1) of the Municipalities Act;
“operating expense” means any expense, other than a capital expense, that is incurred by a regional solid waste commission;
“post-closure expenses” means expenses incurred by a regional solid waste commission for all activities performed in relation to the monitoring of a sanitary landfill site and the protection of the environment after solid waste is no longer deposited at the site, including the monitoring of ground water and surface water, the monitoring and treatment of leachate, the monitoring and recovery of landfill gas, the construction and ongoing maintenance of control systems, the construction and maintenance of drainage systems, any acquisition of additional land for buffer zones, site security and final coverage.
2000-65
VOTING PROCEDURES
Repealed: 2012, c.44, s.2
2012, c.44, s.2
3(1)Each regional solid waste commission shall establish, in its by-laws, a quorum for its meetings, which quorum shall be one-half of the number of members who, at the time when the meeting in issue is held, hold an appointment to the commission, or such higher proportion of that number as the commission may consider appropriate.
3(2)Every vote on a motion made at a meeting of a regional solid waste commission shall be taken when a quorum is present.
3(3)A motion made at a meeting of a regional solid waste commission to approve an annual budget for the commission, to approve the borrowing of money or to elect an executive officer shall not pass unless at least two-thirds of the members of the commission present, who represent at least two-thirds of the total population represented by all the members present, vote in favour.
3(4)In a vote on a motion made at a meeting of a regional solid waste commission to approve an annual budget for the commission or to approve the borrowing of money
(a) all members of the commission who are present, including the chairperson, shall cast their vote openly and individually, and not by ballot or other secret means, and
(b) a member who is present and who does not vote, for any reason, shall be deemed to have voted in favour of the motion.
3(5)In a vote on a motion made at a meeting of a regional solid waste commission to approve an annual budget for the commission or to approve the borrowing of money, if a person authorized under subsection 15.7(2) of the Act to exercise votes of certain members is present as a representative of the Minister,
(a) any member whose vote may be exercised by the representative shall be deemed to be present,
(b) subsection (4) applies with the necessary modifications to the manner in which the representative exercises the vote of a member, and
(c) for the purposes of determining the number and representation of voting members under subsection (4), any vote of a member exercised by the representative shall be deemed to have been cast by the member.
3(6)An election for any executive officer of a regional solid waste commission shall be administered by the Minister or the delegate of the Minister.
3(7)Subject to subsections (3), (4) and (5), a vote on a motion made at a meeting of a regional solid waste commission shall not pass unless the majority of the members of the commission who are present vote in favour.
3(8)Subject to subsection (4), the chairperson of a regional solid waste commission may vote on a motion at a meeting of the commission in the circumstances provided for in, and shall vote in accordance with, the by-laws of the commission.
1998, c.41, s.22; 2000, c.26, s.42
CONFLICT OF INTEREST
Repealed: 2012, c.44, s.2
2012, c.44, s.2
4(1)No member of a regional solid waste commission shall be employed by, contract with, act as an agent for or otherwise provide goods or services to that regional solid waste commission in exchange for consideration, directly or indirectly,
(a) while holding office as a member of a regional solid waste commission, or
(b) during the period of one year following the expiration of the member’s term of office as such a member, whether the member served the entire term or not.
4(2)A member of a regional solid waste commission does not violate subsection (1) by reason only that the member is in receipt of an allowance for attendance at meetings of the commission or of the executive of the commission or any other allowance, honorarium, remuneration or reimbursement to which the member may be entitled by reason only of being a member of the commission or of being an executive officer of the commission.
FINANCIAL MANAGEMENT, AUDITING AND FINANCIAL REPORTING
Repealed: 2012, c.44, s.2
2012, c.44, s.2
5(1)Each regional solid waste commission shall prepare an annual operating budget for the forthcoming fiscal year of the commission, approve it and submit it to the municipalities, rural communities and Indian reserves represented on the commission and to the Minister no later than the fifteenth day of November in each year.
5(2)An annual operating budget or a portion of an annual operating budget of a regional solid waste commission shall not be deemed to be invalid by reason only that that budget is not, before the deadline established in subsection (1), approved by the commission or submitted to the municipalities, rural communities or Indian reserves represented on the commission or to the Minister.
1998, c.41, s.22; 2000, c.26, s.42; 2005-33
6In any one fiscal year, a regional solid waste commission shall not borrow, for operating expenses, more than twenty-five per cent of its most recently approved annual operating budget.
6.1(1)A regional solid waste commission may, by resolution, establish, manage and contribute to a general operating reserve fund for the payment of operating expenses.
6.1(2)The amount held in a general operating reserve fund shall not exceed five per cent of the total expenditure that was budgeted for the regional solid waste commission for the previous fiscal year.
6.1(3)Money held in a general operating reserve fund shall be used for no purpose other than the payment of operating expenses.
6.1(4)Every resolution respecting a contribution made to a general operating reserve fund in respect of a calendar year shall be made by December 31 of that calendar year and shall specify the dollar amount contributed to the general operating reserve fund.
2000-65
6.2(1)A regional solid waste commission may, by resolution, establish, manage and contribute to a general capital reserve fund for the payment of capital expenses.
6.2(2)Money held in a general capital reserve fund shall be used for no purpose other than the payment of capital expenses.
6.2(3)Every resolution respecting a contribution made to a general capital reserve fund in respect of a calendar year shall be made by December 31 of that calendar year and shall specify the dollar amount contributed to the general capital reserve fund.
2000-65
6.21(1)A regional solid waste commission that owns or operates a generation facility may, by resolution, establish, manage and contribute to a generation facility operating reserve fund for the payment of operating expenses incurred in the ownership or operation of one or more generation facilities.
6.21(2)The amount held in a generation facility operating reserve fund shall not exceed 5% of the total expenditures that were budgeted for the ownership or operation, for the previous fiscal year, of each of the generation facilities in relation to which the fund is held.
6.21(3)Money held in a generation facility operating reserve fund shall be used for no purpose other than the operating expenses incurred by the regional solid waste commission in the ownership or operation of one or more generation facilities.
6.21(4)Every resolution respecting a contribution made to a generation facility operating reserve fund in respect of a calendar year shall be made by December 31 of that calendar year and shall specify the dollar amount contributed to the generation facility operating reserve fund.
2010-124
6.22(1)A regional solid waste commission may, by resolution, establish, manage and contribute to a generation facility capital reserve fund for the payment of capital expenses incurred in the construction or ownership of one or more generation facilities.
6.22(2)Money held in a generation facility capital reserve fund shall be used for no purpose other than the payment of capital expenses incurred by the regional solid waste commission in the construction or ownership of one or more generation facilities.
6.22(3)Every resolution respecting a contribution made to a generation facility capital reserve fund in respect of a calendar year shall be made by December 31 of that calendar year and shall specify the dollar amount contributed to the generation facility capital reserve fund.
2010-124
6.23The following definitions apply in sections 6.3, 6.4 and 7.
“capital reserve fund” means a general capital reserve fund or a generation facility capital reserve fund. (fonds de réserve de fonctionnement)
“operating reserve fund” means a general operating reserve fund or a generation facility operating reserve fund.(fonds de réserve d’immobilisation)
2010-124
6.3No transfer of money from an operating reserve fund or a capital reserve fund shall be made by a regional solid waste commission except
(a) by resolution of the commission, and
(b) within the fiscal year to which the expenditure relates.
2000-65; 2010-124
6.4Any money, including interest, within an operating reserve fund or a capital reserve fund shall be invested or reinvested in accordance with the Trustees Act.
2000-65; 2010-124
6.5(1)Each regional solid waste commission shall, by resolution, establish, manage and annually contribute to a special account that is designated by the commission for, and is used for no purpose other than, the payment of post-closure expenses.
6.5(2)The amounts required for the post-closure expenses and for the annual contribution to the special account shall be determined in accordance with the recommendations of the Public Sector Accounting Board respecting “solid waste landfill closure and post-closure liability”, in the CICA public sector accounting handbook published by The Canadian Institute of Chartered Accountants.
6.5(3)Every resolution respecting a contribution made to a special account in respect of a calendar year shall be made by December 31 of that calendar year and shall specify the dollar amount contributed to the special account.
2000-65
6.6No transfer of money from a special account shall be made by a regional solid waste commission except
(a) by resolution of the commission, and
(b) within the fiscal year to which the expenditure relates.
2000-65
6.7Any money, including interest, within a special account shall be invested or reinvested in accordance with the Trustees Act.
2000-65
7(1)Within three months after the end of the fiscal year of a regional solid waste commission, the commission shall ensure that an annual audit, financial statements and the related auditor’s report are prepared in conformity with subsection (2) and shall transmit copies of the financial statements and auditor’s report to the municipalities, rural communities and Indian reserves represented on the commission and to the Minister.
7(2)The annual audit, financial statements and auditor’s report required under subsection (1) shall be conducted by a chartered accountant or a certified general accountant, in accordance with the systems of estimates, bookkeeping, accounting and auditing and all other guidelines prescribed under section 8 of the Control of Municipalities Act.
7(3)The chartered accountant or certified general accountant shall include along with the annual financial statements of the commission the following information with respect to an operating reserve fund, a capital reserve fund and a special account:
(a) a certified copy of each resolution respecting a contribution to or transfer from the operating reserve fund, capital reserve fund or special account, as the case may be;
(b) a statement of the revenue and expenditure relating to the operating reserve fund, capital reserve fund or special account, as the case may be, for the year of the report or part of that year and, in relation to the expenditure, an analysis according to purpose; and
(c) a statement of investments held in the operating reserve fund, capital reserve fund or special account, as the case may be, including the name of the investments, and the respective principal amounts, interest rates and dates of maturity of the investments.
7(4)The chartered accountant or certified general accountant shall indicate in the annual financial statements of the commission that the money in a special account referred to in subsection 6.5(1), all investments acquired with money originally contributed to that account, and all interest and other income earned on that money or those investments are “restricted cash” and are a non-current asset.
1998, c.41, s.22; 2000, c.26, s.42; 2000-65; 2005-33; 2010-124
8Within three months after the end of its fiscal year or by such other date as the Minister may direct, each regional solid waste commission shall submit to the Minister an annual report, in which is set out a description of its activities during the previous fiscal year, in the form and to the extent directed by the Minister and otherwise in conformity with the directions of the Minister.
ACCEPTANCE OF WASTE AND
OTHER SERVICES
Repealed: 2012, c.44, s.2
2012, c.44, s.2
9(1)Unless the Minister has given written authority to refuse to do so, each regional solid waste commission shall accept solid waste
(a) that the commission is not prohibited from accepting under the approval issued to it, and
(b) that originates in the region for which the commission is established.
9(2)A regional solid waste commission may accept solid waste originating in a region other than that for which it is established if it is not prohibited from accepting the solid waste under the approval issued to it and if
(a) the regional solid waste commission established for the region of origin is prohibited from accepting the solid waste under the approval issued to it,
(b) the regional solid waste commission established for the region of origin is not prohibited from accepting the solid waste under the approval issued to it and if it
(i) provides the solid waste to the other commission, or
(ii) gives written approval for the acceptance in advance, or
(c) in circumstances where the solid waste originates outside New Brunswick, the Minister gives written approval for the acceptance in advance, subject to the terms and conditions the Minister considers appropriate, and the transfer is otherwise in accordance with the requirements of the Environmental Impact Assessment Regulation - Clean Environment Act.
10Subject to subsection 9(2), a regional solid waste commission may, in exchange for consideration, directly or indirectly, provide a service to a person located outside the region for which the commission is established or provide a service in a location outside that region only if the Minister gives written approval for the provision of the service in advance, subject to the terms and conditions the Minister considers appropriate.
N.B. This Regulation is consolidated to January 1, 2013.