Acts and Regulations

G-5.1 - Greater Saint John Regional Facilities Commission Act

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Repealed on 9 February 2017
CHAPTER G-5.1
Greater Saint John Regional Facilities
Commission Act
Assented to February 26, 1998
Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:
Repealed: R.S.N.B. 2016, Schedule A
Definitions
1In this Act
“Commission” means the Greater Saint John Regional Facilities Commission;(Commission)
“Minister” means the Minister of Environment and Local Government and includes any person designated by the Minister to act on the Minister’s behalf;(Ministre)
“municipal tax base” means municipal tax base as defined in the Municipalities Act;(assiette fiscale municipale)
“net operating costs” means operating expenses excluding depreciation, debt principal and interest charges minus operating revenues and includes an amount approved by the Commission under section 8;(coûts nets d’exploitation)
“participating municipality” means Grand Bay-Westfield, Quispamsis, Rothesay and The City of Saint John;(municipalité participante)
“regional facility” means(installation régionale)
(a) the facility under the control and management of the Aitken Bicentennial Exhibition Centre, Inc., known as the Aitken Bicentennial Exhibition Centre,
(b) the facility under the control and management of the Saint John Aquatic Centre Commission known as the Canada Games Aquatic Centre,
(c) the facility under the control and management of the Harbour Station Commission known as Harbour Station,
(d) the facility under the control and management of Imperial Theatre Inc., known as the Imperial Theatre, and
(e) the facility under the control of The City of Saint John known as the Saint John Trade and Convention Centre;
“total municipal contribution” means the amount determined under paragraph 10(1)(b);(contribution municipale totale)
“total tax base” means the amount that represents the total of the combined municipal tax base of Grand Bay-Westfield, Quispamsis, Rothesay and The City of Saint John.(assiette fiscale totale)
1998, c.41, s.59; 2000, c.26, s.147; 2006, c.16, s.77; 2012, c.39, s.75
Greater Saint John Regional Facilities Commission
2There shall be a Greater Saint John Regional Facilities Commission consisting of persons appointed by the councils of participating municipalities in accordance with this Act.
Purpose of Commission
3The purpose of the Commission is to determine
(a) the annual amount of the total municipal contribution to be made towards the operation of regional facilities in accordance with section 10, and
(b) the amount of the contribution of each participating municipality in accordance with section 11.
Membership
4(1)A person is not eligible to be a member of the Commission unless the person is a member of council of a participating municipality.
4(2)The council of The City of Saint John shall appoint two members to the Commission and the councils of Grand Bay-Westfield, Quispamsis and Rothesay shall each appoint one member to the Commission.
4(3)The council of each participating municipality shall appoint an alternate member and, if for any reason the appointed member of the Commission cannot act, the alternate member so appointed by the participating municipality shall act in the place of that member.
Term of office
5(1)A member of the Commission shall be appointed for a term not exceeding three years and may be reappointed.
5(2)A member of the Commission shall hold office at the pleasure of the council that appointed the member.
5(3)When a person ceases to be a member of a council of a participating municipality, the appointment of that person to the Commission is revoked.
5(4)When a member of the Commission dies, resigns, vacates or is removed from office, the council that appointed the member shall appoint another person to replace that member, and such person shall hold office at the pleasure of the council that appointed the member for the remainder of the term of the member that is replaced.
Selection of chairperson
6The members shall elect from among themselves a chairperson.
Quorum
7Quorum for a meeting of the members of the Commission shall be all five members of the Commission.
Capital expenditure
8A capital expenditure may be included in the net operating costs of a regional facility on the unanimous vote of the members of the Commission.
Budget of regional facility
9(1)The budget of each regional facility shall be submitted to the Commission on or before August 31 of each year.
9(2)The Commission may request that the budget of a regional facility be revised.
9(3)The Commission shall provide a copy of the budget of each regional facility to the council of each participating municipality on or before September 15 of each year.
Total municipal contribution
10(1)No later than October 15 of each year the Commission shall
(a) determine the amount of the net operating costs or portion of the net operating costs for each regional facility that is to be included in the calculation of the total municipal contribution, and
(b) calculate the total municipal contribution as the sum of the net operating costs determined under paragraph (a) of each regional facility.
10(2)The Commission shall calculate the amount that each participating municipality shall contribute to the total municipal contribution in accordance with section 11.
10(3)No later than October 15 of each year the Commission shall notify the Minister and the council of each participating municipality as to the total municipal contribution and the contribution of each participating municipality.
10(4)Where the Commission is unable to act under subsection (1), the Commission shall notify the Minister by October 15.
10(5)Where the Commission has not acted under subsection (1) or (2) or where the Minister has been notified under subsection (4), the Minister may fix the amounts under sections (1) and (2) and shall notify the Commission and the participating municipalities as to such amounts no later than October 31.
10(6)The determination of the amounts under paragraph (1)(a) shall be by affirmative vote of three members of the Commission, one of whom shall be a member appointed by The City of Saint John.
Contribution by participating municipality
11The Commission shall calculate the contribution to be made by the councils of Grand Bay-Westfield, Quispamsis, Rothesay and The City of Saint John in proportion to the total municipal contribution as follows:
(a) for Grand Bay-Westfield, in proportion to the percentage that the municipal tax base of Grand Bay-Westfield for the previous year bears to the total tax base for the previous year,
(b) for Quispamsis, in proportion to the percentage that the municipal tax base of Quispamsis for the previous year bears to the total tax base for the previous year,
(c) for Rothesay, in proportion to the percentage that the municipal tax base of Rothesay for the previous year bears to the total tax base for the previous year, and
(d) for The City of Saint John, in proportion to the percentage that the municipal tax base of The City of Saint John for the previous year bears to the total tax base for the previous year.
Obligation of participating municipality
12Notwithstanding any provision of any other public or private Act or any municipal charter, the amount of the contribution of each participating municipality calculated by the Commission under section 11 shall
(a) be deemed to be a cost incurred by the participating municipality;
(b) be included by the participating municipality as part of the estimate of the money required for the operation of the participating municipality under paragraph 87(2)(a) of the Municipalities Act; and
(c) be raised by taxation by the participating municipality.
Quarterly payments
13(1)The amount calculated by the Commission under section 11 shall be paid to The City of Saint John in quarterly instalments on the first day of the month of each quarter by Grand Bay-Westfield, Quispamsis and Rothesay.
13(2)Where a participating municipality is in arrears for a period in excess of thirty days with respect to any payment due under subsection (1), the Minister may make such payment to The City of Saint John and deduct a similar amount from any money owing to the participating municipality by the Province.
13(3)The City of Saint John shall forward the quarterly installments to the respective managing bodies of each regional facility.
By-laws
14The Commission may make by-laws not inconsistent with this Act for all or any of the following purposes:
(a) for the administration and management of the Commission;
(b) for the selection of a chairperson of the Commission;
(c) for the procedures for the calling and holding of regular and special meetings of the Commission and generally for the conduct of business of the Commission.
Commencement
15This Act or any provision of it comes into force on a day or days to be fixed by proclamation.
N.B. This Act was proclaimed and came into force April 1, 1998.
N.B. This Act is consolidated to February 9, 2017.