PART I LOCAL SERVICES BOARDS
In this Part,
“Board” means a Local Services Board established under this Part; (“régie”)
“Board area” means the geographical area within which the Board may exercise its jurisdiction; (“territoire de la régie”)
“Minister” means the Minister of Northern Development or such other member of the Executive Council to whom responsibility for the administration of this Act may be assigned or transferred under the Executive Council Act; (“ministre”)
“owner” means a person entitled to convey land and whose interest in the land is defined and whose name is specified in an instrument registered in the proper land registry office. (“propriétaire”) ; ; ; ; ;
This Part applies only in territory without municipal organization.
(1) In this section and in section 31,
“inhabitant” means a permanent resident of a proposed Board area or an owner of property situate in a proposed Board area, who is a Canadian citizen and who has attained the full age of eighteen years.
Any ten inhabitants desiring the establishment of a Local Services Board may in writing authorize and name one of their number to call a meeting of the inhabitants to consider the desirability of establishing a Local Services Board.
Where the person named does not call a meeting within ten days after being authorized to do so, any person who signed the authorization may call a meeting.
A person calling a meeting under this section shall prepare a notice of the meeting in English and in French setting out,
the purpose of the meeting and a description or drawing of the proposed Board area;
the place, date and time of the meeting;
the proposed name for the proposed Board;
a statement that a vote will be held at the meeting; and
the date of the notice and the signature of the person calling the meeting.
The person calling the meeting shall,
post the notice of the meeting in at least one location visible to the public in the proposed Board area;
send the notice to the Minister; and
if available, publish the notice in a local publication available in physical form and having general circulation in the proposed Board area or by electronic means or in an electronic format.
The date of the meeting set out in the notice of the meeting shall be at least 14 days from the date of the last posting or sending of the notice, whichever occurs later. ;
The meeting shall take place at the time and place set forth in the notice, and the person named to call the meeting shall preside at the meeting as chair, but, if the person is absent or declines to act, the inhabitants who are present at the meeting shall elect one of their number to act as chair.
The chair shall appoint from among the inhabitants present a recording secretary who shall,
record the proceedings of the meeting;
post copies of the record of the proceedings in at least one location visible to the public in the proposed Board area;
if available, publish the record of the proceedings in a local publication available in physical form and having general circulation in the proposed Board area or by electronic means or in an electronic format;
send a copy of the record of the proceedings signed by the recording secretary, including the recommendations agreed upon by the meeting under subsection (8), to the Minister.
Any recommendation or other matter to be determined at the meeting shall be determined by a vote of the majority of the inhabitants present and voting, and the chair shall decide how the voting shall be conducted.
The inhabitants shall make recommendations to the Minister in respect of,
the desirability of establishing a Local Services Board;
the boundaries of the Board area;
the name of the Board;
whether the number of Board members should be three or five;
the powers, chosen from those set out in the Schedule hereto, which the Board should have; and
such other matters as the inhabitants consider appropriate.
The recommended boundaries of the proposed Board area shall not include a greater area than the area described in the notice calling the meeting.
(1) Where the Minister receives the recommendations made under section 3, the Minister may by order,
establish a Local Services Board under the name of “The Local Services Board of ...........”, under the name of “Régie locale des services publics de ...........” or under both;
establish the boundaries of the Board area;
establish the number of Board members;
establish the term of office of the first Board;
designate the powers from those listed in the Schedule hereto that the Board may exercise;
provide for all matters necessary to conduct the election for the first Board members; and
provide for such other matters as the Minister considers appropriate.
[Repealed]
Except as may be provided for by order of the Minister made under section 4, the term of office of a Board member shall be for three years from the 1st day of October in any year to the 30th day of September three years later. ;
(1) A Board is a corporation, but the Not-for-Profit Corporations Act, 2010 does not apply to Boards, except as is prescribed by regulation.
A Board is not a municipality or a local board for the purposes of any Act.
(1) A Board may exercise the powers designated in the order of the Minister and in the exercise of those powers may do all things and make all arrangements necessary to provide, maintain and improve services in the Board area.
Where, in the exercise of its powers, a Board provides a service, the Board may,
provide the service to the whole of the Board area or to one or more parts of the Board area designated by the Board; or
provide a different level of the service to different designated parts of the Board area,
provided that no fee shall be charged and no levy shall be imposed in respect of a service or a level of service in any part of the Board area in which the service or the level of service is not provided.
Despite subsections (1) and (2), if the power to provide fire protection services is designated in the order of the Minister, a Board may provide fire protection services outside the Board area.
A Board may at any time apply to the Minister for a review of the powers being exercised by the Board.
A Board may appoint such committees to advise it in the conduct of its affairs as the Board considers appropriate.
A Board shall by by-law contract for insurance against risks that may involve pecuniary loss or liability on the part of the Board and provide for the payment of premiums therefor.
No action shall be brought against a Board or any member of a Board for damage caused by any failure by the Board to exercise any of its powers or to provide any service.
A Board may, by by-law, accept the assignment of any contract or agreement entered into by a corporation incorporated under the Not-for-Profit Corporations Act, 2010, or a predecessor of that Act, where the subject matter of the contract or agreement is consistent with the powers of the Board.
In subsection (2.1),
“fire protection services” has the same meaning as in the Fire Protection and Prevention Act, 1997.
In the exercise of its powers, a Board may acquire land by purchase or lease for its purposes and, when the land is no longer required for the purposes of the Board, dispose of it.
(1) The chair is the head of the Board and shall preside at all meetings of the Board.
In the absence of the chair, or if the office of the chair is vacant, or if the chair refuses to act, the Board may, from among its members, appoint an acting chair who, during such absence, vacancy or refusal to act, shall act in the place of the chair and preside at the meetings of the Board.
If a member of the Board ceases to be an inhabitant, fails to attend any three consecutive meetings of the Board, refuses to act or dies, the remaining Board members may by by-law call a public meeting to elect an inhabitant of the Board area to serve for the remainder of the term of such member and the provisions of subsections 19 (2), (3), (6) and (7) apply.
(1) A majority of members of the Board constitutes a quorum.
The concurrent vote of the majority of the whole number of Board members is necessary to pass any by-law or approve any measure.
A part of a meeting of the Board shall be closed to the public if the subject matter being considered during that part of the meeting is,
a request made under the Municipal Freedom of Information and Protection of Privacy Act, if the Board is the head of an institution for the purposes of that Act; or
an ongoing investigation respecting the Board by the Ombudsman appointed under the Ombudsman Act.
A part of a meeting of the Board may be closed to the public if the subject matter being considered at that part of the meeting involves,
personal matters about an identifiable individual;
litigation or potential litigation affecting the Board;
advice that is subject to solicitor-client privilege, including communications necessary for that purpose;
information explicitly supplied in confidence to the Board by the Government of Canada, a province or territory or a Crown agency of any of them; or
a position, plan, procedure, criteria or instruction to be applied to any negotiations carried on or to be carried on by or on behalf of the Board.
Before holding a part of a meeting that is to be closed to the public, a Board shall state, by resolution, the fact that part of the meeting will be closed to the public and the general nature of the matter to be considered at that part of the meeting.
Subject to subsection (8), a meeting shall not be closed to the public during the taking of a vote.
A meeting may be closed to the public during a vote if,
the vote is for a procedural matter or for giving directions or instructions to officers or agents of the Board or persons retained by or under a contract with the Board.
(1) A person may request that an investigation of whether a Board has complied with subsections 10 (4) to (8) in respect of a meeting or part of a meeting that was closed to the public be undertaken by the Ombudsman appointed under the Ombudsman Act.
If a Board receives a report from the Ombudsman reporting the Ombudsman’s opinion, and the reasons for it, that a meeting or part of a meeting that was the subject matter of an investigation appears to have been closed to the public contrary to subsections 10 (4) to (8), the Board shall pass a resolution stating how it intends to address the report.
Subject to this Part, the Board may establish its own rules and procedures for transacting the business of the Board.
(1) All by-laws of the Board shall be under seal.
The Board shall by by-law authorize the secretary and one or more members of the Board to be signing officers on behalf of the Board.
A Board member shall not be paid any remuneration for the performance of the duties of a Board member.
(1) The Board shall appoint a secretary,
who may be a member of the Board other than the chair; and
who shall hold office at the pleasure of the Board.
The secretary before entering on the duties of office shall give security in a form and on such terms as the Minister may approve for the faithful performance of such duties and for duly accounting for and paying over all money that comes into the secretary’s hands.
The premiums in respect of the security shall be paid by the Board.
In addition to the other duties prescribed by this Part, the secretary shall,
attend all meetings of the Board;
keep minutes of such meetings, including any part of a meeting that is closed to the public in accordance with subsection 10 (4) or (5);
except for any portion of the minutes that pertain to a part of a meeting that is closed to the public in accordance with subsection 10 (4) or (5), ensure that copies of the minutes of meetings are posted in at least one location visible to the public in the Board area and, if available, by electronic means or in an electronic format;
post notices of meetings called by the Board in at least one location visible to the public in the Board area and, if available, publish them by electronic means or in an electronic format;
carry on correspondence as directed by the Board;
receive and safely keep all money paid to the Board;
maintain books of account and other records as may be required by the Board or by the Minister; and
perform such other duties as the Board may assign. ; ; ;
The Board may pay to the secretary such honorarium as the Board by by-law determines.
A Board shall conduct sufficient public meetings so that the inhabitants may,
participate in a discussion of the current and proposed programs of the Board;
participate in the preparation of the annual estimates of the Board; and
participate in a discussion of the review engagement of financial statements. ;
A notice of a public meeting other than a meeting called under section 3 or 19 shall contain the place, date, time and purpose of the meeting, the signature of the secretary or the person or persons calling the meeting, and copies of the notice shall be posted in at least one location visible to the public in the Board area and, if available, published by electronic means or in an electronic format at least one week in advance of the meeting. ;
The chair may expel or exclude from any meeting any person including a Board member for improper conduct at the meeting.
(1) In each election year, the Board shall call an election meeting of the inhabitants to be held in the Board area after the 1st day of August and before the 30th day of September for the purpose of electing a new Board. ;
At least two weeks before the election meeting, the secretary shall,
post a notice of the place, date and time of the election meeting in at least one location visible to the public in the Board area;
if available, publish the notice by electronic means or in an electronic format; and
send a copy of the notice to the Minister.
The chair of the Board shall act as chair of the election meeting.
If in an election year the Board fails to call an election meeting before the 10th day of September, the secretary shall immediately call such a meeting by giving notice as provided in subsection (2) and shall act as the chair of the meeting notwithstanding that the chair of the Board attends the meeting. ;
If in an election year both the Board and the secretary fail to call an election meeting before the 15th day of September, any ten inhabitants may call a meeting and may appoint one of their number to act as chair of the meeting and such inhabitant shall act as chair although the chair of the Board attends the meeting. ;
Any inhabitant is eligible to be elected as a member of the Board.
For all elections after the first election, the Board shall, subject to subsection (8), determine all matters relating to the conduct of elections.
Voting for the election of members of the Board shall be by way of secret ballot.
(1) If the eligibility to vote or to seek office of any inhabitant is challenged at an election meeting, the chair shall require the inhabitant to make a declaration, in English or in French, that he or she is an inhabitant as defined in section 1.
A declaration under subsection (1) shall be made before a commissioner for taking affidavits, a notary public or the secretary and, for the purpose of the election meeting, the secretary is empowered to take such declarations.
An inhabitant who makes a declaration under subsection (1) is eligible to vote or to seek office.
The Board shall hold its first meeting in each fiscal year not later than the 10th day of October, and at such meeting shall elect one of its members as chair for that fiscal year. ;
[Repealed]
(1) Every year, on or before October 15, the Municipal Property Assessment Corporation shall send to the secretary of each Board a copy of the portion of the interim assessment roll for the lands in the Board area that are liable to assessment and taxation under the Assessment Act and liable to taxation under the Provincial Land Tax Act, 2006 showing the amount of the interim assessment of those lands for the following year.
The Municipal Property Assessment Corporation shall send the information required by subsection (1) showing the amount of the interim assessment for 2009 to the secretary no later than January 1, 2009.
(1) Before the 1st day of December in each year, the Board shall prepare and, after public discussion, adopt annual estimates of all amounts required for the purposes of the Board for operating and capital expenditures for the current fiscal year.
In preparing the estimates, the Board shall take into account any surplus from the previous year that will be available in the current year, any operating deficit from the previous year and any debt owing to the Crown payable in the current year.
The estimates shall set out,
the amounts to be raised;
the manner in which the amounts are to be raised; and
the rate or rates, if any, which the Board proposes be added to the provincial land tax in the whole or any part of the Board area.
No rate shall be imposed under the Provincial Land Tax Act, 2006 for the purposes of the Board unless,
the rate, the purpose for which it is to be levied, and the area in which the rate is to be levied, are approved by a majority vote of the inhabitants present and voting at a meeting called for that purpose; and
the rate or rates for a taxation year that are to be imposed for the purposes of the Board satisfy the requirements set out in section 23.1.
Before the 10th day of December in each year, the secretary shall send a copy of the estimates and the by-law adopting the estimates to the Minister. ;
, (7) Repealed:
(1) In this section,
“assessment” means the assessment for real property made under the Assessment Act according to the last returned roll; (“évaluation”)
“property class” means a class of real property prescribed under the Assessment Act; (“catégorie de biens”)
“rate ratio” means a rate ratio described in subsection (7); (“coefficient d’impôt”)
“residential property class” means the residential property class prescribed under the Assessment Act. (“catégorie des biens résidentiels”)
Unless expressly provided otherwise in this Act, the rate or rates to be imposed under the Provincial Land Tax Act, 2006 for the purposes of a Board apply to the assessment in each property class in the Board area.
For the purposes of subsection (2), the assessment in each property class includes any adjustments made under section 32, 33, 34, 39.1 or 40 of the Assessment Act to the assessments on the assessment roll as returned for the taxation year if the adjustments are made on the tax roll before the Minister of Finance levies the rate.
Unless expressly provided otherwise in this Act, the rate or rates apply to the whole of the assessment for real property in the Board area according to the amounts assessed and not upon one or more kinds of property or assessment or in different proportions.
The rates set by a Board shall, unless expressly provided otherwise in this Act, be calculated as percentages of the assessment of real property in each property class.
The rates are subject to the following restrictions:
The rates must be set so that, when they are levied on the applicable assessment, a sum equal to the annual estimates for the year by the Board under section 23 is raised.
The rates on the different property classes must be in the same proportion to each other as the rate ratios for the property classes are to each other.
The rate ratios are the ratios that the rate for each property class must be to the rate for the residential property classes, where the residential property class is one.
The Minister of Finance may make regulations prescribing, for a particular Board, the rate ratios or the method for determining rate ratios.
(1) The Minister shall pay to the Board annually out of money appropriated therefor by the Legislature such amount as the Minister considers appropriate after taking into account the estimates of the Board, the money paid to the Board by the Minister of Finance under section 26, the fees collected by the Board for the supply of services or the use of facilities and such other amounts as by the initiatives of the inhabitants have been raised and granted to the Board. ;
The Minister may pay to the Board annually out of money appropriated therefor by the Legislature an amount equal to twice the amount that the rate or rates levied under section 26 would produce if levied in respect of the improved Crown land within the Board area.
(1) If in any year the inhabitants have approved one or more rates to be levied under the Provincial Land Tax Act, 2006 as provided in section 23, the Board may by by-law passed before December 1 in the year request the Minister of Finance to collect under that Act in the following year the rate or rates in respect of land that is taxable under that Act.
The secretary shall send a copy of the by-law passed under subsection (1) to the Minister of Finance immediately after the passing of the by-law. ; ;
(1) A Board may by by-law passed before December 1 in a year request the Minister of Finance to collect under the Provincial Land Tax Act, 2006 in the following year the fees charged by the Board in respect of a service.
The secretary shall send a copy of the by-law passed under subsection (1) to the Minister of Finance immediately after the passing of the by-law. ;
(1) Where the Minister of Finance receives a by-law passed under subsection 25 (1), the Minister shall levy the rate or rates set out in the by-law in respect of the property taxable under the Provincial Land Tax Act, 2006 in the whole or such part of the Board area to which the rate or rates apply, and such rate or rates and the amounts imposed are deemed to be a tax and shall be collected under the Provincial Land Tax Act, 2006 as if they were taxes imposed under that Act. ; ; ; ;
Land belonging to the Board is exempt from taxation under the Provincial Land Tax Act, 2006.
Where the Minister of Finance receives a by-law passed under subsection 25.1 (1), the Minister shall collect the fees set out in the by-law and the fees shall be collected as if the fees were taxes imposed under the Provincial Land Tax Act, 2006. ;
The Minister of Finance shall pay amounts owing to the board within three months after collecting the amounts.
(1) In addition to the amount payable to a Board under subsection 26 (3), the Minister of Finance shall pay to the Board from the Consolidated Revenue Fund an amount equal to the difference, if any, between the rate or rates levied for a taxation year under subsection 26 (1) and the amount collected by the Minister of Finance.
In addition to the amount payable to a Board under subsection 26 (3), the Minister of Finance shall pay to the Board from the Consolidated Revenue Fund an amount equal to the difference, if any, between the amount of fees collectable for a fiscal year by the Minister of Finance and the amount collected.
Any amount paid to a Board under subsection (1) or (2) is deemed to be tax levied by the Crown under section 2 of the Provincial Land Tax Act, 2006.
If the Minister of Finance receives a by-law passed under subsection 25 (1) or 25.1 (1), the Minister of Finance may provide advances to the Board from the Consolidated Revenue Fund in respect of any amount that the Minister of Finance is or may become required to pay under subsection (1) or (2) or under subsection 26 (3).
Advances under subsection (4) do not bear interest, and the Crown may incur a non-cash expense within the meaning of the Financial Administration Act in connection with the advances. ;
The Board may by by-law establish such reserves from its revenues as the Board considers appropriate for expenditure in a subsequent fiscal year or years.
A Board may incur a debt for the purpose of the Board but shall not incur any debt the payment of which is not provided for in the estimates for the current fiscal year of the Board unless,
it is a debt owed to the Crown in right of Ontario; or
the purpose for which the debt is to be incurred and the amount thereof is approved by a majority vote of the inhabitants present and voting at a meeting called for that purpose and the approval of the Minister to the incurring of the debt is obtained.
(1) A Board shall engage a chartered professional accountant who is not a member of the Board to undertake a review engagement of the Board’s financial statements and to make a review engagement report to the Board annually, or more often as the Board requires.
The fiscal year of a Board is the year commencing on the 1st day of October and ending on the following 30th day of September.
The secretary shall send a copy of the reviewed financial statements and the review engagement report to the Minister.
The Minister may at any time cause the accounts and transactions of a Board to be audited by a chartered professional accountant who is not a member of the Board.
A review engagement referred to in subsection (1) or an audit referred to in subsection (4) shall be at the Board’s expense.
The secretary shall permit any inhabitant at any reasonable time to examine and copy,
the reviewed financial statements;
the review engagement report; and
if the Minister causes a Board’s accounts and transactions to be audited in accordance with subsection (4), any audit report.
Where the Minister determines that a Board is misusing its funds or is not administering its affairs in a proper and straightforward manner or cannot or is unlikely to be able to meet its obligations as they fall due, the Minister may by order,
dissolve the Board and call a new election;
dissolve the Board and assume the powers of the Board; or
dissolve the Board and the Board area and subsection 32 (3) applies to the order.
(1) Where a Board considers it desirable that the boundaries of the Board area be altered or the powers of the Board be varied, the Board shall put the proposal to a vote of the inhabitants at a meeting called for that purpose, and the notice of such meeting shall outline the proposal.
Where it is proposed that the Board area be enlarged, the secretary shall post within the area proposed to be added the notice mentioned in subsection (1) and inhabitants in the area proposed to be added may attend the meeting and vote upon the proposal.
Where it is proposed that the boundaries of a Board area be altered, the secretary shall record separately the vote of the inhabitants within the area that it is proposed to be added to, or to be removed from, the Board area.
Where a majority of the inhabitants present at the meeting vote in favour of a proposal made under subsection (1), the secretary shall forward to the Minister,
a copy of the proposal as approved at the meeting;
a statement of the results of the vote showing the vote of the inhabitants for and against the proposal; and
where it is proposed that the boundaries of the Board be altered, a statement of the vote of the inhabitants of the area it is proposed be added to or removed from the Board area,
and the Minister may make such order as the Minister considers appropriate.
(1) Where a Board or any ten inhabitants propose that the Board be dissolved, the proposal shall be put to a vote of the inhabitants at a meeting called for that purpose, and the notice of such meeting shall outline the proposal.
Where the majority of inhabitants present at the meeting approve a proposal that the Board be dissolved, the secretary shall send to the Minister a copy of the proposal together with a statement of the vote for and against the proposal, and the Minister, if the Minister considers it appropriate, may by order dissolve the Board and the Board area.
In an order for dissolution, the Minister may make such provisions with respect to the transfer of liabilities and assets of the Board as the Minister considers appropriate.
The Lieutenant Governor in Council may make regulations,
amending the Schedule to this Act;
prescribing provisions of the Not-for-Profit Corporations Act, 2010 that apply to Boards.
PART II (s. 34-61) Repealed:
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-56 Repealed:
[Repealed]
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[Repealed]
, 61 Repealed:
SCHEDULE
The Board may by by-law,
(a) acquire, establish, operate and maintain works for; or
(b) contract for,
a supply of water and for that purpose may regulate the time, manner, extent and nature of such supply and the persons to whom water may be supplied, and may charge a fee for the cost of such supply.
The Board may by by-law,
(a) establish a fire department and for that purpose acquire, operate and maintain a fire-hall, fire engines and apparatus and equipment for use by volunteer firefighters in connection with fire protection services within the meaning of the Fire Protection and Prevention Act, 1997; or
(b) contract for fire protection services within the meaning of the Fire Protection and Prevention Act, 1997,
and may charge a fee for the cost of such service.
The Board may by by-law,
1. WATER SUPPLY
2. FIRE PROTECTION
3. GARBAGE COLLECTION
establish and maintain a system for the collection or removal, or any combination of them, of compost, garbage or recycling, or any combination of them; or
contract for the collection, removal or disposal, or any combination of them, of compost, garbage or recycling, or any combination of them,
and for that purpose may regulate the occasions, manner, extent and nature of such service and the persons to whom such service may be supplied, and may charge a fee for the cost of such service.
The Board may by by-law,
(a) acquire, establish, operate and maintain sewage works, including sewers, pumping plants, treatment works and other like works necessary for a sewage collection and treatment system; or
(b) contract for the collection and treatment of sewage,
and for such purposes may charge a fee for such service or add a surcharge to the fee, if any, for water supply, or,
4. SEWAGE
upon such terms and conditions as the Board considers appropriate and with the approval of a majority of the inhabitants at a meeting called for that purpose, financially assist by grant or loan the installation of private septic tank systems or other systems approved by the Ministry of the Environment for the benefit of any inhabitant or inhabitants.
The Board may by by-law,
(a) contract with any person for the provision of street or area lighting in the Board area; or
(b) contract with any person for the provision of power and acquire by purchase or lease lights, light standards and lighting equipment in order to provide street or area lighting in the Board area,
and may charge a fee for the cost of such service, but no Board shall generate its own power.
The Board may by by-law,
(a) contract for the use of recreation facilities or participation in programs of recreation;
(b) provide for the carrying out of programs of recreation; or
5. STREET OR AREA LIGHTING
6. RECREATION
acquire, establish, construct, operate and maintain recreation facilities,
and may charge fees in respect of the programs of recreation or the recreation facilities.
The Board may by by-law,
(a) contract for the provision of public library service by a public library board, union board or county library board; or
(b) establish and maintain a public library service,
and may, subject to the Public Libraries Act, charge fees in respect of such service.
The Board may, by by-law, contract for the establishment, operation and maintenance of an emergency telecommunications service that communicates with fire, police and ambulance communications services, and may charge a fee for the cost of such service.
FormS 1, 2 REPEALED: