The following definitions apply in this Act. 2013, c.7, s.166; 2017, c.20, s.161; 2020, c.25, s.99; 2021, c.44, s.6; 2022, c.31, s.1; 2022, c.56, s.1; 2023, c.40, s.29
“Board” means the board of directors of a regional service commission.(conseil)
“chartered professional accountant” means a member in good standing of the Chartered Professional Accountants of New Brunswick.(comptable professionnel agréé)
“Chief Executive Officer” means a person appointed as a Chief Executive Officer under section 13.(premier dirigeant)
“Commission” means a regional service commission established by this Act for a region.(commission)
“common services” means the services referred to in subsection 4(2).(services communs)
“distribution electric utility” means a distribution electric utility as defined in the Electricity Act.(entreprise de distribution d’électricité)
“distribution system” means a distribution system as defined in the Electricity Act.(réseau de distribution)
“Executive Director” Repealed: 2021, c.44, s.6
“generation facility” means a generation facility as defined in the Electricity Act.(installation de production)
“local government” means a local government as defined in subsection 1(1) of the Local Governance Act.(gouvernement local)
“member” , with respect to a Commission, means(membre)
(a) a local government prescribed for the region, and
(b) the rural district prescribed for the region.
“Minister” means the Minister of Local Government and includes any person designated by the Minister to act on the Minister’s behalf. (ministre)
“municipality” means a city, town or village.(municipalité)
“municipal plan” means a municipal plan adopted under section 21 of the Community Planning Act.(plan municipal)
“planner” means a member in good standing with the New Brunswick Association of Planners who is authorised to use the designation “Registered Professional Planner” or “RPP”.(urbaniste)
“planning director” means a person appointed as a planning director under subsection 24(2).(directeur de la planification)
“region” , with respect to a regional service commission, means the portion of the Province described and identified by regulation.(région)
“regional land use plan” means a regional land use plan under section 18 of the Community Planning Act.(plan régional en matière d’utlisation des terres)
“regional plan” Repealed: 2021, c.44, s.6
“rural district” means a rural district as defined in subsection 1(1) of the Local Governance Act. (district rural)
“rural plan” means a rural plan under section 33, 44 or 51 of the Community Planning Act, as the case may be.(plan rural)
“solid waste” means waste with insufficient liquid content to be free-flowing.(matières usées solides)
“waste” includes rubbish, slimes, tailings, effluent, wastewater, fumes, smoke, other waste products of any kind and any other matter that is prescribed by regulation to be waste.(matières usées)
2021, c.44, s.6; 2022, c.56, s.1For the purposes of this Act, the Minister shall determine the population of a local government or a rural district based on the most recent official population estimate by Statistics Canada. 2021, c.44, s.6; 2022, c.56, s.1
2021, c.44, s.6
The regions described and identified by regulation are established for the purposes of this Act.
A regulation under subsection (1), shall describe and identify each region by prescribing
(a) local governments, and
(b) one rural district.
Each region is comprised of the area inside the territorial limits of the local governments prescribed for that region and of the rural district prescribed for that region.
On the recommendation of the Minister, the Lieutenant-Governor in Council may, in accordance with the regulations, amend the description of a region.
A regional service commission described and identified in regulation is established for each region.
A regional service commission is a body corporate.
2021, c.44, s.62021, c.44, s.6; 2022, c.56, s.1
The mandate of a Commission is
(a) to provide or facilitate the provision of common services to its members,
(b) to develop and implement a regional strategy,
(c) to undertake activities related to regional economic development, regional community development and regional tourism promotion,
(d) to identify sport, recreational and cultural infrastructure in the region, to apportion the costs attributable to that infrastructure among its members and to ensure the management of any resulting agreements or contracts,
(e) to establish a public safety committee to exchange information and discuss resource sharing and joint planning by its members in relation to policing services, fire protection services and emergency measures planning services, and
(f) to work with its members to facilitate administrative, financial and other service arrangements.
In addition to the mandate in subsection (1), any Commission prescribed by regulation is mandated to develop a plan for integrating and coordinating services to address homelessness, poverty and mental health and may enter into agreements with the Crown in right of the Province for that purpose.
2021, c.44, s.62021, c.44, s.6; 2022, c.56, s.1
A Commission shall develop and implement a regional strategy in accordance with the regulations, which shall establish priority services and actions with respect to
(a) regional economic development,
(b) regional community development,
(c) regional tourism promotion,
(d) regional transportation,
(e) regional infrastructure, and
(f) any other matter prescribed by regulation.
The form and content of a regional strategy shall be established in accordance with the regulations and shall include any other information required by the Minister.
Each Commission shall prepare a first regional strategy by July 1, 2023.
Each Commission shall update its regional strategy in accordance with the schedule prescribed by regulation.
2021, c.44, s.6A Commission may promote regional economic development in the manner it considers appropriate but it shall not, for that purpose, 2021, c.44, s.6
(a) acquire or hold securities,
(b) provide loans or guarantees,
(c) borrow money, or
(d) undertake any other activity prescribed by regulation.
2021, c.44, s.62021, c.44, s.6; 2022, c.56, s.1; 2023, c.18, s.98
A Commission shall identify, in accordance with the regulations, the sport, recreational and cultural infrastructure in the region and the sport, recreational and cultural infrastructure that will be required in the region in the future.
The Commission shall conduct an assessment in accordance with the regulations to determine, by resolution, whether any or all of its members shall contribute to the costs attributable to any of the infrastructure that was identified in accordance with subsection (1).
When a decision under subsection (2) is made that any or all its members shall not contribute to the costs attributable to any of the infrastructure that was identified in accordance with subsection (1), a Commission shall prepare a report for the Local Governance Commission established under the Local Governance Commission Act, which shall include
(a) a statement containing, with respect to the decision,
(i) a description of the consultation conducted on the matter,
(ii) the views of each of its members with respect to the matter,
(iii) the data on which a decision was based, and
(iv) a detailed explanation of any other factors that led to the decision,
(b) the report provided by the standing committee on sport, recreational and cultural infrastructure to the Commission respecting the infrastructure referred to in subsection (1), and
(c) any other information prescribed by regulation.
Repealed: 2023, c.18, s.98
Within 60 days of receiving the recommendations referred to in subsection 48(3) of the Local Governance Commission Act respecting a decision in an assessment conducted under subsection (1), the Minister shall
(a) order that any or all members are required to contribute to the costs attributable to any infrastructure referred to in subsection (1), or
(b) notify the regional service commission that the Minister will not issue the order referred to in paragraph (a).
An order made by the Minister under paragraph (5)(b) is deemed to be a determination made by the Commission under subsection (2).
In no case shall the Minister make an order under paragraph (5)(b) unless the infrastructure has been excluded from the list referred to in paragraph (3)(b) by a determination made under subsection (2) in the year for which the report is made.
2021, c.44, s.6
Unless otherwise provided in this Act, all common services shall only be provided to members of a Commission by or through that Commission.
In accordance with this Act and the regulations, a Commission shall provide or facilitate the provision of the following common services:
(a) a solid waste disposal service;
(b) a regional transportation service;
(c) a land use planning service
(i) to its members that are local governments that are not providing their own land use planning service, and
(ii) to its rural district member.
Repealed: 2021, c.44, s.6 2021, c.44, s.6; 2022, c.56, s.1Repealed: 2021, c.44, s.6 2021, c.44, s.6
2021, c.44, s.6; 2022, c.31, s.1
Subject to the provisions of this Act, a Commission may provide by agreement
(a) to one or more of its members, any service, other than a common service, and
(b) to any other person, other than an individual, any service, including a common service.
A Commission may, with respect to a service,
(a) provide it directly,
(b) enter into an agreement to have a third party provide it on behalf of the Commission, or
An agreement between a Commission and a third party for the funding of a service shall include the following:
(a) a requirement for performance indicators;
(b) a requirement to provide audited financial statements to the Commission;
(c) a requirement to present quarterly reports to the Board; and
(d) terms and conditions providing for the close collaboration of third parties with the Chief Executive Officer and the director of finance of the Commission, including regular meetings.
Subject to the provisions of this Act and regulations, a Commission may enter into agreements for the purposes of this Act and the regulations.
A Commission may
(a) acquire by purchase, lease, gift, donation, bequest or otherwise any real or personal property, and own, hold, sell, manage or deal with the property as the Commission may determine,
(b) manage and control its bank accounts and other necessary banking operations,
(c) engage and pay personnel,
(d) become a party to any contract or agreement within its powers,
(e) purchase or dispose of capital assets,
(f) sue and be sued,
(g) subject to this Act, the regulations or any other Act or regulation, finance any of its undertakings,
(h) assess, charge and collect fees for services from its members and other persons provided a service, and
(i) perform any function or duty fixed by or in accordance with the regulations.
2017, c.20, s.161; 2021, c.44, s.6; 2022, c.31, s.1; 2022, c.56, s.1; 2023, c.18, s.98
The business and affairs of each Commission shall be directed and controlled by a board of directors in accordance with this Act.
Subject to subsection (2.2), each Board shall consist of
(a) the mayors of each local government in a region,
(b) if the rural district in a region has a rural district advisory committee, the chair of the advisory committee, and
(c) the Chief Executive Officer of the Commission, who shall be a non-voting member.
If the operation of paragraphs (2)(a) and (b) results in a Board with fewer than six voting members, the council of each local government in the region shall designate one councillor to hold office as a member, and the rural district advisory committee shall designate another member of that committee to hold office as a member.
Despite paragraph (2)(a) and subsection (2.1), when a supervisor has been appointed for a local government under the Local Governance Commission Act, the supervisor shall act as the member of the Board for that local government for the duration of the supervision and, if subsection (2.1) applies, the supervisor shall designate a person to hold office as a member.
Repealed: 2021, c.44, s.6
If a member of the Board is absent or otherwise unable to act, an alternate member referred to in the regulations may act on behalf of that member of the Board.
Each Board shall elect a chair and vice-chair from among the members of the Board.
The vice-chair shall act when the chair is unable or unwilling to act for any reason.
Unless otherwise provided in this Act or the regulations, a quorum for the conduct of business is a majority of the members of the Board holding office.
A decision of the quorum shall be a decision of the Board.
A vacancy on a Board does not impair the capacity of the Board to act.
2021, c.44, s.6; 2022, c.56, s.12021, c.44, s.6
Each voting member of a Board is eligible to cast one vote on a motion dealing with any of the following matters:
(a) the making of by-laws under section 12;
(b) the conduct of Board business;
(c) the establishment of a new service;
(d) the setting of fees or borrowing of money with respect to matters other than services; and
(e) the approval of a budget referred to in subsection 27(1).
A motion referred to in paragraph (1)(a), (b) or (c) shall not pass unless 50% plus one vote of the votes cast by the members of the Board present are in favour.
A motion referred to in paragraph (1)(d) shall not pass unless two-thirds of the votes cast by the members of the Board present are in favour.
Subsection 27(2) applies to a motion referred to in paragraph (1)(e).
2021, c.44, s.6; 2022, c.56, s.12021, c.44, s.6; 2022, c.56, s.1
The eligibility of members of a Board to vote on a motion dealing with any of the following matters shall be determined in accordance with this section:
(a) the identification of sport, recreational and cultural infrastructure under subsection 3.4(1);
(c) the apportionment of costs attributable to infrastructure referred to in subsection 19(2);
(d) the operation or administration of a service;
(e) the setting of fees for a service; and
(f) the borrowing of money for a service.
Each voting member of the Board is entitled to vote on a motion dealing with a matter under paragraph (1)(a) or (b).
In the case of a motion dealing with a matter under paragraph (1)(c), a voting member of the Board is entitled to vote only if the motion deals with the costs attributable to infrastructure that would require a contribution from the member that is a local government or a rural district, as the case may be, that the member of the Board represents.
In the case of a motion dealing with a matter under paragraph (1)(d), (e) or (f), a voting member of the Board is entitled to vote only if the motion deals with a service that is provided by or through the Commission to the member that is a local government or a rural district, as the case may be, that the member of the Board represents.
As soon as possible after each general election held under the Municipal Elections Act, the Minister shall make the calculation referred to in subsection (5) and shall inform the Commission of the number of votes to be assigned to each voting member.
If a member of the Commission is represented by two members of the Board under subsection 9(2.1), the number of votes assigned to that member of the Commission in accordance with the regulations shall be divided equally between the members of the Board that represent the member of the Commission.
A motion dealing with a matter referred to in paragraph (1)(a), (b), (c) or (d) shall not pass unless 50% plus one vote of the votes cast by the voting members of the Board present are in favour.
A motion dealing with a matter referred to in paragraph (1)(e) or (f) shall not pass unless two-thirds of the votes cast by the voting members of the Board present are in favour.
Repealed: 2021, c.44, s.6 2021, c.44, s.6Repealed: 2021, c.44, s.6 2017, c.20, s.161; 2021, c.44, s.6
Repealed: 2021, c.44, s.6 2021, c.44, s.6Repealed: 2021, c.44, s.6 2021, c.44, s.6
2023, c.18, s.98
A Board may make by-laws not inconsistent with this Act or the regulations
(a) regarding its internal organization,
(b) governing the establishment, operation or dissolution of committees of the Commission,
(c) establishing a code of conduct in accordance with the regulations, and
(d) for the general conduct and management of the affairs of the Commission.
The Regulations Act does not apply to by-laws made under subsection (1).
2021, c.44, s.62021, c.44, s.6
A Board shall appoint a Chief Executive Officer of the Commission and establish the terms and conditions of the Chief Executive Officer’s appointment.
The Chief Executive Officer shall perform the duties and may exercise the powers conferred on the Chief Executive Officer by this Act and the regulations, or the Board.
2021, c.44, s.6; 2022, c.31, s.1
The Chief Executive Officer may, on behalf of a Commission, employ the persons that the Chief Executive Officer considers necessary, including a planning director and a director of finance, to ensure the provision of services under this Act or otherwise fulfil the mandate of the Commission.
A director of finance is required to be a chartered professional accountant.
2021, c.44, s.6
On the terms approved by the Board, the Chief Executive Officer may, on behalf of the Commission, contract with any person that the Chief Executive Officer considers necessary to ensure the provision of services under this Act or to otherwise fulfil the mandate of the Commission.
Any person contracted with under subsection (1) is not an employee of the Commission.
2021, c.44, s.6; 2022, c.56, s.1
Subject to subsection (3), a Commission may in writing delegate its powers or duties under this Act or the regulations to the chair or another member of the Board, to the Chief Executive Officer, to the planning director, to a committee of the Commission or to any employee of the Commission.
In a written delegation under subsection (1), the Commission may
(a) impose on the delegate terms and conditions that it considers appropriate, and
(b) in the case of a delegation of powers or duties to the Chief Executive Officer, authorize the Chief Executive Officer to subdelegate in writing the powers or duties to an employee of the Commission and to impose on the subdelegate any terms and conditions that the Chief Executive Officer considers appropriate, in addition to those imposed in the Commission’s written delegation.
A Commission shall not delegate the power or duty
(a) to enact, amend or repeal by-laws,
(b) to authorize borrowing,
(c) to adopt budgets,
(d) to set fees,
(d.1) to make a request for payment under subsection 20(3),
(e) to establish committees of the Board,
(f) to appoint individuals to committees of the Board, and
(g) to appoint or suspend the Chief Executive Officer or to terminate the employment of the Chief Executive Officer.
A delegate or subdelegate to whom this section applies shall comply with any terms and conditions imposed in the Commission’s written delegation.
A subdelegate to whom this section applies shall comply with any terms and conditions imposed on the subdelegate by the Chief Executive Officer.
A Commission may revoke, in whole or in part, a written delegation made under subsection (1).
If the Chief Executive Officer subdelegates a power or duty as authorized in a written delegation made under subsection (1), the Chief Executive Officer may revoke, in whole or in part, the subdelegation.
Subject to any provision in this Act, the Chief Executive Officer may direct all employees of a Commission concerning the performance of their duties. 2021, c.44, s.6
All costs incurred by a Commission in relation to a service provided by or through the Commission to a member or other person receiving the service, including the costs of administration attributable to the service, are part of the costs of that service.
A member or other person receiving a service provided by or through the Commission shall contribute to the cost of the service.
2021, c.44, s.6; 2022, c.56, s.1
The costs attributable to each service, including a common service, provided by or through a Commission shall be apportioned among its members or other persons receiving the service in accordance with the regulations or, if no regulation has been made, by resolution of the Board.
If a Commission determines under subsection 3.4(2) that any or all of its members shall contribute to the costs attributable to any sport, recreational or cultural infrastructure, the costs related to that infrastructure shall be apportioned among any or all of the members by resolution of the Board or, if no resolution has been made, in accordance with the regulations.
2021, c.44, s.6; 2022, c.56, s.12021, c.44, s.6; 2022, c.56, s.1
Subject to any agreement to that end, a member or other person receiving a service referred to in subsection 19(1) that is provided by or through a Commission shall make payment for the service to the Commission at the time and in the manner approved by the Commission.
Subject to any agreement to that end, a member who is charged with a portion of the cost of infrastructure referred to in subsection 19(2) shall make payment to the Commission at the time and in the manner approved by the Commission.
If a member that is a local government is in arrears for a period in excess of 90 days with respect to any payment due under subsection (1) or (2), the Commission may request that the Minister make the payment to the Commission and deduct that amount from any money owed by the Province to the local government.
2021, c.44, s.6For the purposes of sections 18, 19 and 20, the costs incurred by a Commission in relation to fulfilling its mandate shall be considered to be costs incurred by the Commission in relation to a service provided by or through the Commission, and sections 18, 19 and 20 apply with the necessary modifications to those costs. 2021, c.44, s.6
2024, c.22, s.3
With respect to the provision of a solid waste disposal service and, if applicable, a solid waste collection service, a Commission may
(a) construct, acquire, establish, enlarge, control, manage, maintain and operate solid waste collection and disposal facilities,
(b) provide a solid waste management service, including the collection and disposal of solid waste, to a person, and
(c) operate solid waste collection and disposal facilities on behalf of a person.
With respect to the provision of a solid waste disposal service and, if applicable, a solid waste collection service, the Lieutenant-Governor in Council may exempt the Commission in whole or in part from the provisions of Part 3 of the Energy and Utilities Board Act.
With respect to the provision of a solid waste disposal service and, if applicable, a solid waste collection service, and subject to the regulations or to any other Act, a Commission may construct, own and operate a generation facility and may use the electricity for its own purposes or sell it to a distribution electric utility or another person, but shall not own or operate a distribution system.
Subject to the regulations, for the purposes of subsection (1), a Commission may enter into an agreement with respect to
(a) the joint acquisition, transfer, ownership, management, establishment, repair, operation, alteration or extension of a generation facility,
(b) the costs of construction and operation of a generation facility that may be shared by the parties to the agreement, and
(c) the use or sale of the electricity generated by a generation facility.
A Commission that constructs, owns or operates a generation facility shall establish a generation facility fund.
2024, c.22, s.32024, c.22, s.3
With respect to the provision of a regional transportation service, a Commission may
(a) acquire, own, operate and maintain motor vehicles,
(b) construct, acquire, establish, enlarge, control, manage, maintain and operate regional transportation facilities,
(c) provide a regional transportation service, including the transportation of persons or property, or
(d) operate a motor vehicle in a region adjacent to the region for which the Commission is established for the purpose of
(i) connecting with any other transportation service, or
(ii) refuelling, charging, inspecting, maintaining or repairing the motor vehicle.
For the purposes of providing a regional transportation service, and subject to the regulations, if any, the Motor Carrier Act does not apply to
(a) a motor vehicle that is used as a public motor bus as defined in that Act, or
(b) any person who owns or operates a motor vehicle referred to in paragraph (a).
2021, c.44, s.6If a Commission prepares a regional land use plan, the regional land use plan shall be prepared in accordance with section 18.1 of the Community Planning Act. 2017, c.20, s.161; 2021, c.44, s.6
2017, c.20, s.161; 2021, c.44, s.6
With respect to the provision of a land use planning service, a Commission shall have the following powers and duties:
(a) those powers and duties accruing under the following provisions:
(i) any zoning by-law provision under paragraph 53(2)(h) or (i) or paragraph 53(3)(c) of the Community Planning Act with respect to particular uses of land, and any similar provision in
(ii) sections 55, 56 and 78, paragraphs 125(10)(e) and 125(11)(b) of the Community Planning Act, with respect to certain proposed uses and to variance,
(iii) subsections 60(2) and (4) of the Community Planning Act, with respect to non-conforming uses,
(iv) any subdivision by-law provision under paragraph 75(1)(c), (f) or (l) of the Community Planning Act, with respect to approval of an access, the location of land for public purposes and street names, respectively, and under paragraph 75(1)(k) of the Community Planning Act and any similar subdivision regulation provision under paragraph 125(10)(c) of the Community Planning Act, with respect to approval of a subdivision plan, and
(v) subsection 89(4) of the Community Planning Act, with respect to the location of streets or land for public purposes;
(b) if a Commission provides a land use planning service to a member that is a local government, to prepare
(i) a municipal plan or development scheme for a municipality in the region or a rural plan under section 33 of the Community Planning Act for a village in the region, or
(ii) a rural plan under section 44 or 51 of the Community Planning Act;
(c) to advise members that are local governments and the Minister
(i) subject to paragraph (b), in the preparation of plans, statements and schemes mentioned therein, and
(ii) in relation to any aspect of community planning within the region;
(d) if a member is a local government, to give its views to the council of a local government in the region that are proposing to enact a by-law on the proposed by-law or to the Minister on a proposed regulation to be effective in the region, whether or not such views have been requested under section 110 or subsection 125(14) of the Community Planning Act,
(e) to exercise the powers and perform the duties provided by this section or that are otherwise given to it by the Community Planning Act or the council of a member that is a local government.
A Commission shall appoint a planner as planning director and they shall also be the development officer throughout the region.
A Commission may enter into an agreement
(a) if the member is a local government, with the council of the local government with respect to a plan, statement or scheme prepared under subparagraph (1)(a)(i),
(b) if the member is a local government, with the council of the local government to supply any portion of a land use planning service in the local government at the expense of the local government, and
(c) with one or more councils referred to in paragraph (b) to supply any portion of a land use planning service in the local governments, with the cost to be apportioned among those members.
2017, c.20, s.1612017, c.20, s.161; 2021, c.44, s.6
Subject to this section, a Commission shall provide a land use planning service to its members that are local governments and that are not providing their own land use planning service.
A member that is a local government that is being provided a land use planning service by or through a Commission, may provide its own land use planning service if
(a) in the opinion of the Provincial Planning Director appointed under the Community Planning Act, the local government is able to provide a land use planning service in accordance with the requirements of the Community Planning Act and the Building Code Administration Act,
(b) the member pays to the Commission the costs directly associated with its withdrawal from a land use planning service provided by or through the Commission,
(c) in the opinion of the Minister, the member’s withdrawal from a land use planning service provided by or through the Commission will not threaten the financial viability of the land use planning services provided by or through the Commission to the other members of the Commission, and
(d) unless otherwise agreed by the Commission and the local government, the local government has provided no less than two years’ notice of its intention to withdraw from a land use planning service provided by or through the Commission.
A member that is a local government that is providing its own land use planning service may enter into an agreement with the Commission to provide to the Commission any portion of a land use planning service.
Subject to the regulations, a member that is a local government providing its own land use planning service may by agreement with the Commission request that the Commission provide the service on its behalf.
A Commission shall provide to the Minister, in the manner and form determined by the Minister, the names of its members or other persons for whom the Commission provides a land use planning service.
The fiscal year of a Commission is the calendar year.
2021, c.44, s.6
In accordance with the regulations, a Board shall prepare and adopt for each fiscal year
(a) an operating budget, and
(b) a capital budget.
A motion made at a meeting of a Board to approve a budget referred to in subsection (1) shall not pass unless at least two-thirds of the voting members present, who represent at least 51% of the total population represented by all the voting members present, vote in favour.
In respect of the fiscal year for which it is prepared, a budget shall set out the estimated revenue and expenditures for each service provided by a Commission and for any other activity carried out by a Commission for the purpose of fulfilling its mandate, in the detail and in the form that the Minister requires.
A Commission shall make provision for revenues so as to produce an annually balanced budget with respect to each service provided and activity carried out by the Commission.
If the proceeds from the operation of generation facilities operated by a Commission are insufficient to produce a balanced budget as provided for under subsection (4), the Commission may make, by resolution of the Commission, a charge against the operating fund of the solid waste disposal service and, if applicable, a solid waste collection service provided by the Commission.
If a Commission operates a generation facility, the Commission may transfer some or all of any audited surplus of the generation facility fund to the operating fund of the solid waste disposal service and, if applicable, a solid waste collection service provided by the Commission, by resolution of the Commission, commencing with the second next ensuing year.
If a Commission has a deficit with respect to a service or activity at the end of its fiscal year, the Commission shall cause the deficit to be debited against the Commission’s budget with respect to that service or activity for the second next ensuing year.
If a Commission has a surplus with respect to a service or activity at the end of its fiscal year, the Commission shall cause the surplus to be credited to the Commission’s budget with respect to that service or activity for the second next ensuing year.
A Commission may establish and manage, in accordance with the regulations, reserve funds in relation to a service it provides or in relation to an activity it carries out.
2017, c.20, s.161; 2024, c.22, s.3
A Board shall not vote on a budget for the Commission, borrow money or set fees for services unless the Commission has given written notice of the vote and a copy of the proposed budget, borrowing or fees to its members that are local governments and to the Minister at least 45 days before the vote.
If a motion under subsection (1) does not pass, the Commission shall provide to members that are local governments and to the Minister, in the time and manner prescribed by regulation,
(a) written notice of any subsequent vote on the matter, and
(b) a copy of any revised proposed budget, borrowing or fees.
2014, c.28, s.80; 2017, c.20, s.161; 2023, c.18, s.98
Within three months after the end of its fiscal year, a Commission shall ensure that annual audited financial statements are prepared in conformity with subsection (2) and shall provide copies of the audited financial statements to each member that is a local government and to the Minister.
The annual audited financial statements required under subsection (1) shall be conducted by a chartered professional accountant, in accordance with the systems of estimates, bookkeeping, accounting and auditing, and all other guidelines or standards and requirements established in respect of them, under section 99.1 of the Local Governance Act.
If a Commission defaults in any payment required to be made by the Commission, its members are liable for their proportional share of the payment.
The Minister is responsible for the administration of this Act and may designate one or more persons to act on the Minister’s behalf.
Within three months after the end of its fiscal year, a Commission shall prepare and submit to its members that are local governments and to the Minister an annual report in which is set out a description of its activities during the previous fiscal year and shall include any information prescribed by regulation. 2017, c.20, s.161
2021, c.44, s.6
The Minister may, by order, appoint a trustee to act in place of the voting members of a Board if, in the opinion of the Minister,
(a) the Board is not functioning effectively,
(b) the Board fails to fulfil its responsibilities under this Act and the regulations, or
(c) it is in the public interest.
On the appointment of a trustee under subsection (1), the members of the Board cease to hold office and shall not perform any duties or exercise any powers assigned to them under this Act or the regulations.
A trustee appointed under this section
(a) has all the responsibilities, duties and powers of the Board, and
(b) shall be paid, out of the funds of the Commission, the remuneration and expenses determined by the Minister.
When a trustee is appointed, the former members on the Board shall immediately deliver to the trustee all funds and all books, records and documents respecting the management and activities of the Commission.
If, in the opinion of the Minister, a trustee is no longer required, the Minister may terminate the appointment of the trustee on the terms and conditions that the Minister considers advisable and reinstate the voting members of the Board.
A Commission, every member of the Board of a Commission, the Chief Executive Officer and every employee of a Commission shall comply with the provisions respecting conflict of interest that are prescribed in the regulations. 2021, c.44, s.6
2017, c.20, s.161; 2021, c.44, s.6
A Commission shall make available to the public its annual report and regional strategy, any regional land use plan and the rural plan of its rural district member.
A member that is a local government shall make its municipal plan or rural plan available to the public.
2021, c.44, s.6Within seven years after January 1, 2023, the Minister shall undertake a comprehensive review of the operation of this Act and shall, within one year after the review is undertaken or within such further time as the Legislative Assembly allows, submit a report on the review to the Legislative Assembly. 2021, c.44, s.6
The Lieutenant-Governor in Council may make regulations 2017, c.20, s.161; 2021, c.44, s.6; 2022, c.56, s.1; 2023, c.18, s.98; 2024, c.22, s.3
(a) describing and identifying a region, including prescribing local governments and a rural district for a region;
(b) describing and identifying a Commission;
(c) Repealed: 2021, c.44, s.6
(d) if a change in a region affects an existing Commission or requires the establishment of another Commission, respecting the amalgamation, dissolution or establishment of a Commission and making any adjustments of assets and liabilities of Commissions that they agree on, or, in default of agreement, that the Lieutenant-Governor in Council deems equitable;
(d.1) prescribing Commissions that are mandated to develop a plan for integrating and coordinating services to address homelessness, poverty and mental health;
(d.11) prescribing any other matter for the purposes of paragraph 3.2(1)(f);
(d.2) respecting a regional strategy of a Commission for the purposes of subsection 3.2(2), including, without limitation,
(i) providing for its form and content,
(ii) providing for an implementation plan,
(iii) providing for performance targets, and
(iv) providing for an accountability framework;
(d.21) respecting the schedule for updating the regional strategy, for the purposes of subsection 3.2(4);
(d.3) prescribing other activities for the purposes of paragraph 3.3(d);
(d.31) respecting the identification of infrastructure for the purposes of subsection 3.4(1), including, without limitation,
(i) providing for its form and content, and
(ii) establishing criteria to be considered;
(d.4) prescribing the terms and conditions of an assessment or a determination made under subsection 3.4(2);
(d.41) governing the management of sport, recreational and cultural infrastructure that is the subject of a determination made under subsection 3.4(2) and the agreements and contracts that result from that determination;
(d.42) prescribing information for the purposes of paragraph 3.4(3)(c);
(d.5) respecting, for the purposes of subsection 19(1), the manner and procedure for determining the apportionment of costs of a service provided by or through a Commission among its members or other persons receiving the service, including common services, which may vary according to the category of service;
(d.6) respecting, for the purposes of subsection 19(2), the manner and procedure for determining the apportionment of costs attributable to regional sport, recreational and cultural infrastructure;
(d.7) respecting the manner and procedure for determining the apportionment of costs incurred by a Commission in relation to fulfilling its mandate among the members of a Commission and other persons;
(d.8) prescribing services provided by or through a Commission that are required to meet service delivery standards;
(d.9) establishing service delivery standards for a service referred to in paragraph (d.8);
(e) respecting agreements that a Commission may enter into for the purpose of this Act, including the sharing of the cost and other matters related to the construction, ownership or operation of a generation facility and the use or sale of the electricity generated;
(f) respecting the financing in relation to the undertakings of a Commission;
(g) respecting additional functions and duties for Commissions;
(h) Repealed: 2021, c.44, s.6
(i) Repealed: 2021, c.44, s.6
(j) respecting alternates for members of a Board;
(k) respecting meetings of a Board, including prescribing the quorum for a meeting;
(l) respecting voting procedures and requirements for Boards, including the weighting of votes for proportional representation and the manner in which decisions may be made by Boards;
(m) prescribing the circumstances in which a Commission may perform a function or duty outside its region;
(n) respecting the powers and duties of a Chief Executive Officer;
(o) Repealed: 2021, c.44, s.6
(p) with respect to the common service of solid waste disposal,
(i) limiting the circumstances in which a Commission may accept solid waste from outside the region;
(ii) respecting the types of waste for which Commissions are responsible;
(p.1) respecting the common service of regional transportation;
(p.2) for the purposes of subsection 22.1(2), providing for the application of any provision of the Motor Carrier Act or the regulations under that Act to a regional transportation service with the necessary modifications;
(q) Repealed: 2021, c.44, s.6
(r) Repealed: 2021, c.44, s.6
(t) Repealed: 2021, c.44, s.6
(u) respecting the financial management of Commissions, including borrowing by a Commission;
(v) respecting the preparation, adoption and submission of operational and capital budgets with respect to each service provided by a Commission;
(w) respecting the establishment and management of reserve funds for a service provided by a Commission, and the purposes and amounts of those funds;
(x) respecting the preparation and submission of annual reports by a Commission;
(x.1) prescribing information required to be included in an annual report of a Commission, including information on any service delivery standards established under paragraph (d.9);
(y) prescribing conflict of interest rules for a Commission;
(y.1) for the purposes of a code of conduct referred to in paragraph 12(1)(c),
(i) respecting processes to be followed in implementing a code of conduct or any of the procedures required to be provided for in a code of conduct, and
(ii) prescribing any matters required to be included in a code of conduct;
(z) prescribing, in respect of offences under the regulations, categories of offences for the purposes of Part 2 of the Provincial Offences Procedure Act;
(aa) respecting notice requirements from a Commission to its members;
(bb) defining any word or expression used in but not defined in this Act for the purposes of this Act, the regulations or both;
(cc) prescribing anything required to be prescribed by this Act;
(dd) respecting any other matter that may be necessary for the proper administration of this Act and the management and conduct of the affairs of a Commission.
Repealed: 2021, c.44, s.6 2021, c.44, s.6Repealed: 2021, c.44, s.6 2021, c.44, s.6
Repealed: 2021, c.44, s.6 2021, c.44, s.6Repealed: 2021, c.44, s.6 2021, c.44, s.6
Repealed: 2021, c.44, s.6 2021, c.44, s.6Repealed: 2021, c.44, s.6 2021, c.44, s.6
Repealed: 2021, c.44, s.6 2021, c.44, s.6Repealed: 2021, c.44, s.6 2021, c.44, s.6
Repealed: 2021, c.44, s.6 2021, c.44, s.6Repealed: 2021, c.44, s.6 2021, c.44, s.6
Repealed: 2021, c.44, s.6 2021, c.44, s.6Repealed: 2021, c.44, s.6 2021, c.44, s.6
Repealed: 2021, c.44, s.6 2021, c.44, s.6Repealed: 2021, c.44, s.6 2021, c.44, s.6
Repealed: 2021, c.44, s.6 2021, c.44, s.6Repealed: 2021, c.44, s.6 2021, c.44, s.6
Repealed: 2021, c.44, s.6 2021, c.44, s.6Repealed: 2021, c.44, s.6 2021, c.44, s.6
Repealed: 2021, c.44, s.6 2021, c.44, s.6Repealed: 2021, c.44, s.6 2021, c.44, s.6
Repealed: 2021, c.44, s.6 2021, c.44, s.6Repealed: 2021, c.44, s.6 2021, c.44, s.6
Repealed: 2021, c.44, s.6 2021, c.44, s.6Repealed: 2021, c.44, s.6 2021, c.44, s.6
Repealed: 2021, c.44, s.6 2021, c.44, s.6Repealed: 2021, c.44, s.6 2021, c.44, s.6
Repealed: 2021, c.44, s.6 2021, c.44, s.6Repealed: 2021, c.44, s.6 2021, c.44, s.6
Repealed: 2021, c.44, s.6 2021, c.44, s.6Repealed: 2021, c.44, s.6 2021, c.44, s.6
Repealed: 2021, c.44, s.6 2021, c.44, s.6Repealed: 2021, c.44, s.6 2021, c.44, s.6
Repealed: 2021, c.44, s.6 2021, c.44, s.6Repealed: 2021, c.44, s.6 2021, c.44, s.6
Repealed: 2021, c.44, s.6 2021, c.44, s.6Repealed: 2021, c.44, s.6 2021, c.44, s.6
Repealed: 2021, c.44, s.6 2021, c.44, s.6Repealed: 2021, c.44, s.6 2021, c.44, s.6