14

 

 

Fourth Session, 47th General Assembly

64 Elizabeth II, 2015

BILL 14

AN ACT TO AMEND THE REGIONAL SERVICE BOARDS ACT, 2012

Received and Read the First Time......................................................................... June 11, 2015

Second Reading....................................................................................................... June 16, 2015

Committee........................................................................................ Amendment    June 18, 2015

Third Reading..........................................................................................................  June 18, 2015

Royal Assent...........................................................................................................  June 23, 2015

HONOURABLE KEITH HUTCHINGS

Minister of Municipal and Intergovernmental Affairs

Ordered to be printed by the Honourable House of Assembly

 

 

EXPLANATORY NOTES

This Bill would amend the Regional Service Boards Act, 2012 to

·         remove the requirement that the minister appoint members to a regional service board and allow members of a regional service board to be elected or appointed by the municipal authorities in each ward;

·         remove the requirement that a chairperson of a regional service board be appointed by the Lieutenant-Governor in Council and allow the members of a regional service board to elect a chairperson from among the members of the board or from outside the board;

·         allow members from a band council constituted under the Indian Act (Canada) to be members of a regional service board; and

·         require a regional service board to prepare and publish an annual report.

A BILL

AN ACT TO AMEND THE REGIONAL SERVICE BOARDS ACT, 2012

Analysis


        1.   S.2 Amdt.
Definitions

        2.   Ss.5, 6, 7 & 8 R&S
5.     Chairperson and
        vice-chairperson
6.     Board membership
7.     Wards
8.     Term

        3.   S.9 Amdt.
Board vacancies

        4.   S.13 Amdt.
Quorum

        5.   S.33.1 Added
Annual report

        6.   S.47 Amdt.
Regulations

        7.   Transitional

        8.   Commencement


Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:

SNL2012 cR-8.1
as amended

        1. (1) Paragraph 2(e) of the Regional Service Boards Act, 2012  is repealed and the following substituted:

             (e)  "member" means, except in section 6, subsections 8(2) and 8(3), paragraphs 9(1)(b) and (c) and subsection 34(2),

                      (i)  a chairperson elected to a board under section 5, and

                     (ii)  a person appointed or elected to a board under section 6;

             (2)  Paragraph 2(h) of the Act is repealed and the following substituted:

             (h)  "municipal authority" means

                      (i)  the City of Corner Brook,

                     (ii)  the City of Mount Pearl,

                    (iii)  the City of St. John's,

                    (iv)  a local service district committee or a council constituted or continued under the Municipalities Act, 1999, and

                     (v)  a reserve as defined in the Indian Act (Canada);

 

        2. Sections 5, 6, 7 and 8 of the Act are repealed and the following substituted:

Chairperson and vice-chairperson

        5. (1) The members of a board shall, by resolution, elect a chairperson from among the members of the board or from outside the board.

             (2)  The members of a board shall, by resolution, elect a vice-chairperson from among the members of the board.

             (3)  In the absence or incapacity of the chairperson, or where the office of the chairperson is vacant, the vice-chairperson has the powers and shall exercise the duties of the chairperson.

Board membership

        6. (1) Board members shall be appointed or elected as follows:

             (a)  where the number of municipal authorities in a ward is equal to the number of board members determined for that ward under section 7, each municipal authority shall appoint a person to the board; and

             (b)  where the number of municipal authorities in a ward is greater than the number of board members determined for that ward under section 7, each municipal authority may nominate a person to be a candidate in an election to be conducted in accordance with the regulations and those persons elected shall become members of the board.

             (2)  Notwithstanding subsection (1), where the number of persons appointed or elected to a board is less than the number of board members determined for that ward under section 7, the minister may select a person from among those persons who reside within the boundaries of that ward to be a board member.

             (3)  For the purposes of subsections (1) and (2), only the following persons from the region may be appointed or elected to the board:

             (a)  a councillor;

             (b)  a person serving on a local service district committee; and

             (c)  a member of a band council constituted under the Indian Act (Canada).

             (4)  In this section, "member" means a person appointed or elected to a board under this section but does not include a chairperson elected to a board under section 5.

Wards

        7. The minister may, by regulation, divide a region into wards, establish and change the number and boundaries of those wards, and determine the number of members to be appointed or elected for each ward.

Term

        8. (1) Where a councillor is appointed or elected to a board, the councillor shall remain in office on the board until the date of the next general election of councils under the Municipal Elections Act.

             (2)  Where a person who serves on a local service district committee is appointed or elected to a board, the person shall remain in office on the board until the earlier of

             (a)  the expiration of his or her term of office as member of the local service district committee; or

             (b)  the date of the next general election of councils under the Municipal Elections Act.

             (3)  Where a member of a band council is appointed or elected to a board, the person shall remain in office on the board until the earlier of

             (a)  the expiration of his or her term of office as member of the band council; or

             (b)  4 years after his or her appointment to the board.

             (4)  Where a chairperson is elected from outside the board, the chairperson shall remain in office on the board until the date of the next general election of councils under the Municipal Elections Act.

             (5)  Notwithstanding subsections (1) to (4), a member shall continue to be a member until he or she is reappointed, re-elected or replaced.

 

        3. Paragraph 9(1)(b) of the Act is repealed and the following substituted:

             (b)  he or she ceases to be a member of a municipal authority before the end of his or her term under subsection 8(1), 8(2) or 8(3);

 

        4. Subsection 13(1) of the Act is repealed and the following substituted:

Quorum

      13. (1) A majority of the number of members that may be appointed or elected to a board constitutes a quorum for the purpose of a meeting of the board.

 

        5. The Act is amended by adding immediately after section 33 the following:

Annual report

   33.1 (1) The board shall prepare and submit to the minister before June 30 each year

             (a)  a report on the activities of the board in the previous year; and

             (b)  the board’s audited financial statements for the previous year.

             (2)  The board shall publish the annual report and its audited financial statements in a manner that they may be accessed by a member of the public.

 

        6. Subsection 47(1) of the Act is amended by deleting the word "and" at the end of paragraph (a) and adding immediately after that paragraph the following:

         (a.1)  establishing the process for elections under paragraph 6(1)(b); and

Transitional

        7. The members of a board on the day before this Act comes into force shall continue to be members until they resign or until the date of the next general election of councils under the Municipal Elections Act, whichever is earlier.

Commencement

        8. Sections 1 to 4 and sections 6 and 7 come into force on August 1, 2015.