Acts and Regulations

97-145 - Reserve Fund

Full text
Current to 1 January 2024
NEW BRUNSWICK
REGULATION 97-145
under the
Municipalities Act
(O.C. 97-1036)
Filed December 19, 1997
Under section 192 of the Municipalities Act, the Lieutenant-Governor in Council makes the following Regulation:
Citation
1This Regulation may be cited as the Reserve Fund Regulation - Municipalities Act.
Definitions
2In this Regulation
“Act” means the Municipalities Act;(Loi)
“capital expense” means an expenditure for a tangible asset that confers a benefit on a municipality for a period exceeding one year;(dépense d’immobilisation)
“operating expense” means any expense incurred by a municipality other than a capital expense.(dépense de fonctionnement)
Application to rural community
2005-44
2.1This Regulation applies with the necessary modifications to a rural community.
2005-44
General operating reserve fund
3(1)A municipality may, by resolution, establish, manage and contribute to a general operating reserve fund for the payment of operating expenses.
3(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 municipality for the previous fiscal year.
3(3)Money held in a general operating reserve fund shall be used for no purpose other than the payment of operating expenses.
3(4)Every resolution respecting a contribution made to or a withdrawal from 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.
2013-22
General capital reserve fund
4(1)A municipality may, by resolution, establish, manage and contribute to a general capital reserve fund for the payment of capital expenses.
4(2)Money held in a general capital reserve fund shall be used for no purpose other than the payment of capital expenses.
4(3)Every resolution respecting a contribution made to or a withdrawal from 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.
2013-22
Service or utility operating reserve fund
5(1)A municipality that provides a service or a utility or a commission established under section 189 of the Act may, by resolution, establish, manage and contribute to a service or utility operating reserve fund for the payment of expenses incurred in the provision of the service or utility.
5(2)A resolution of a commission under subsection (1) is not effective until approved by council.
5(3)The amount held in service or utility operating reserve fund established under subsection (1) shall not exceed five per cent of the total expenditure that was budgeted for the service or utility for the previous fiscal year.
5(4)Money held in a service or utility operating reserve fund established under subsection (1) shall be used for no purpose other than the payment of operating expenses.
5(5)Every resolution respecting a contribution made to or a withdrawal from a service or utility operating reserve fund established under subsection (1) 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 service or utility operating reserve fund.
2010-3; 2013-22
Service or utility capital reserve fund
6(1)A municipality that provides a service or a utility or a commission established under section 189 of the Act may, by resolution, establish, manage and contribute to a service or utility capital reserve fund for the payment of expenses incurred in the provision of the service or utility.
6(2)A resolution of a commission under subsection (1) is not effective until approved by council.
6(3)Money held in a service or utility capital reserve fund shall be used for no purpose other than the payment of capital expenses.
6(4)Every resolution respecting a contribution made to or a withdrawal from a service or utility 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 service or utility capital reserve fund.
2010-3; 2013-22
Generation facility operating reserve fund
2010-3
6.1(1)A municipality 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 expenses incurred in the ownership or operation of the generation facility.
6.1(2)The amount held in a generation facility operating reserve fund shall not exceed 5% of the total expenditure that was budgeted for the ownership or operation of the generation facility for the previous fiscal year.
6.1(3)Money held in a generation facility 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 or a withdrawal from 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.
2010-3; 2013-22
Generation facility capital reserve fund
2010-3
6.2(1)A municipality that owns or operates a generation facility may, by resolution, establish, manage and contribute to a generation facility capital reserve fund for the payment of expenses incurred in the ownership or operation of the generation facility.
6.2(2)Money held in a generation facility 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 or a withdrawal from 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.
2010-3; 2013-22
Definitions
6.3The following definitions apply in sections 7 to 9.
“capital reserve fund” means a general capital reserve fund, a service or utility capital reserve fund or a generation facility capital reserve fund.(fonds de réserve d’immobilisation)
“operating reserve fund” means a general operating reserve fund, a service or utility operating reserve fund or a generation facility operating reserve fund.(fonds de réserve de fonctionnement)
2010-3
Transfer from fund
7(1)No transfer of money from an operating reserve fund or a capital reserve fund shall be made except
(a) by resolution of council or the commission, as the case may be, and
(b) within the fiscal year to which the expenditure relates.
7(2)A resolution of a commission under subsection (1) is not effective until approved by council.
2010-3
Investment
8Any money, including interest, within an operating reserve fund or a capital reserve fund shall be invested or reinvested in accordance with the Trustees Act.
2010-3
Audited financial statement
9The auditor of a municipality shall include in the annual audited financial statement of the municipality the following information with respect to an operating reserve fund or a capital reserve fund:
(a) a certified copy of each resolution respecting a contribution to or transfer from the fund;
(b) a statement of the revenue and expenditure relating to the fund 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 fund, including the name of the investments and the respective principal amounts, interest rates and dates of maturity of the investments.
2010-3
Cessation of services
10(1)When a municipality ceases to provide a service or a utility or a commission ceases to provide a service, any balance in a service or utility operating reserve fund after the discharge of all debts shall be used by the municipality or the commission for the payment of operating expenses relating to other services which the municipality or the commission is authorized to provide.
10(2)When a municipality ceases to provide a service or a utility or a commission ceases to provide a service, any balance in a service or utility capital reserve fund after the discharge of all debts shall be used by the municipality or the commission for the payment of capital expenses relating to other services which the municipality or the commission is authorized to provide.
Cessation of electricity generation
2010-3
10.1(1)When a municipality ceases to own or operate a generation facility, any balance in a generation facility operating reserve fund after the discharge of all debts shall be used by the municipality for the payment of operating expenses relating to services which the municipality is authorized to provide.
10.1(2)When a municipality ceases to own or operate a generation facility, any balance in a generation facility capital reserve fund after the discharge of all debts shall be used by the municipality for the payment of capital expenses relating to services which the municipality is authorized to provide.
2010-3
Repeal provisions
11New Brunswick Regulation 81-193 under the Municipalities Act is repealed.
Repeal provisions
12New Brunswick Regulation 81-194 under the Municipalities Act is repealed.
Commencement
13This Regulation comes into force on January 1, 1998.
N.B. This Regulation is consolidated to March 20, 2013.