NEWFOUNDLAND AND LABRADOR REGULATION 91/24

Important Information
(Includes details about the availability of printed and electronic versions of the Statutes.)

Short title

1. These regulations may be cited as the Local Service District Regulations, 2024.

Definitions

2. In these regulations

(a) "Act" means the Towns and Local Service Districts Act;

(b) "assessment" means an assessment referred to in subsection 218(2) of the Act;

(c) "committee" means a local service district committee continued or elected or appointed in accordance with Part XI of the Act;

(d) "fire chief" means an officer in charge of a fire department;

(e) "fire department" means a local service district fire department established or continued under Part XI of the Act;

(f) "garbage" means discarded material of all kinds including solid waste, machinery, appliances, vehicles and all other articles which are apparently abandoned or are of unsightly appearance;

(g) "local roads" means roads and parking lots that are either

(i) under the jurisdiction of, owned by or otherwise vested in a local service district, or

(ii) maintained by a local service district;

(h) "member" means a member of a committee;

(i) "petitioner" means a person who circulates a petition under subsection 3(1);

(j) "resident" means a person who

(i) is 18 years of age or older, and

(ii) lives in the local service district on a full-time basis; and

(k) "unincorporated area resident" means a person who

(i) is 18 years of age or older, and

(ii) lives in the unincorporated area on a full-time basis.

PART I
INCORPORATION AND RESTRUCTURING

Request for incorporation of local service district

3. (1) An unincorporated area resident may circulate a petition to unincorporated area residents to determine if there is interest in incorporating the unincorporated area as a local service district.

(2) Where a proposed local service district includes more than one unincorporated area, a petitioner shall circulate a separate petition to the unincorporated area residents in each unincorporated area.

(3) Where a petitioner determines that there is sufficient interest in incorporating a local service district, the petitioner may seek an order under paragraph 218(1)(a) of the Act by forwarding the petition to the minister requesting the incorporation of a local service district.

(4) A petition shall be in the form set by the minister.

Request for alteration of boundaries, annexation, amalgamation or disestablishment

4. (1) Where a committee is seeking an order under paragraphs 218(1)(b), (c), (d) or (e) of the Act, the committee shall send a written request to the minister requesting the order.

(2) Notwithstanding subsection (1), where an order under paragraph 218(1)(b) of the Act may affect another local service district or a town or a city, the written request referred to in subsection (1) shall be signed by the committees of each local service district affected, the town council of the town affected or the city council of the city affected, as applicable.

(3) Notwithstanding subsection (1), where 2 or more committees are seeking an order under paragraph 218(1)(c), the written request referred to under subsection (1) shall be signed by the committees of all amalgamating local service districts.

(4) Notwithstanding subsection (1), where an order under paragraph 218(1)(d) of the Act may affect one or more unincorporated areas, the written request referred to in subsection (1) shall be accompanied by a signed document that proves sufficient interest of the unincorporated residents to proceed with the annexation of the unincorporated area to the local service district.

Assessment

5. (1) Where the minister requires that an assessment referred to in subsection 218(2) of the Act be completed, the minister shall, before ordering the assessment, publish, in accordance with section 292 of the Act, a notice of the minister's intention to require the assessment.

(2) The minister may appoint at least one person but no more than 3 persons to complete the assessment.

(3) Where the minister appoints more than one person under subsection (1), the minister may, where the minister considers it necessary, appoint a chairperson from among the persons appointed under subsection (1).

(4) The persons appointed under subsection (1) shall prepare an assessment report in accordance with the Feasibility Report and Assessment Report Regulations.

(5) Persons appointed under subsection (1) have the powers of a commissioner under the Public Inquiries Act, 2006.

(6) Before preparing an assessment report under this section, the persons appointed under subsection (1) shall hold a public hearing with respect to subsection (1), and shall, where reasonable, hold the hearing in the area affected by the order.

(7) Notwithstanding subsection (6), where the persons appointed under subsection (1) specify that a written or oral submission is required to be made by a specified date before a public hearing, and where a written or oral submission is not made by that date, the minister may cancel the public hearing and a further public hearing shall not be required.

(8) Unless otherwise ordered by the minister, all costs associated with an assessment report shall be the responsibility of the department.

(9) The minister is not required to follow the recommendations in the assessment report.

Name and boundaries

6. Where the minister issues an order under paragraph 218(1)(a) or (c) of the Act, the minister shall, by order, establish

(a) the name of the local service district; and

(b) the boundaries of the local service district.

Assets and liabilities

7. (1) Where the minister issues an order under paragraph 218(1)(c) of the Act, the property, rights, assets, liabilities and obligations of each amalgamating local service district shall be vested in, assumed by and imposed on the amalgamated local service district.

(2) Where the minister issues an order under paragraph 218(1)(d) of the Act, the property held by each unincorporated area and the rights, assets, liabilities and obligations of each unincorporated area shall be vested in, assumed by and imposed on the local service district to which the unincorporated area is annexed.

PART II
ADMINISTRATION

Notice of election

8. A committee shall publish a notice of a general election or by-election in accordance with section 292 of the Act at least 7 days before the date of the general election or by-election.

Voting

9. Voting at a general election or by-election in a local service district shall be done by secret ballot.

Results of election

10. A committee shall provide written notice of the results of an election or by-election to the department within 7 days of the election or by-election.

Oath or affirmation

11. (1) Within 60 days of an election or immediately upon being appointed, a member shall, before performing the duties of a member, take and sign, before a person authorized to administer an oath or affirmation, an oath or affirmation in the following form:

"I, A.B. make oath (or affirm) and say that I am fully qualified, as required by section 226 of the Towns and Local Service Districts Act, to be a member of the committee for a local service district and that I will, to the best of my ability, faithfully perform the duties of member while I hold office."

(2) An oath or affirmation of office shall be taken at a committee meeting and recorded in the minutes.

Committee meetings

12. (1) On or before December 31 each year, a committee shall determine

(a) the dates that the committee shall meet in the following year;

(b) the location of the meetings; and

(2) A committee shall publish a notice of a meeting in accordance with section 292 of the Act at least 7 days before the meeting.

(3) Notwithstanding subsection (2), 7 days notice is not required where a meeting is scheduled due to an emergency related to the local service district.

Minutes

13. A committee shall take minutes at all committee meetings.

Appointment of auditors

14. The minister may appoint auditors to examine and report on the books of account and other financial records of a local service district.

PART III
SERVICES

Garbage collection and removal

15. (1) A committee shall ensure that all garbage collected is

(a) disposed of in a manner that does not contravene Part IV of the Environmental Protection Act; and

(b) transported in a manner that prevents the loss of garbage during transportation.

(2) A committee shall publish, in accordance with section 292 of the Act, the time, manner and nature of the collection, removal and disposal of garbage.

Water supply system

16. A local service district may, subject to the Water Resources Act, contract for or construct, acquire, establish, own and operate a public water supply system and may, in relation to the public water supply system, determine the time, manner, extent, nature and recipients of the supply.

Sewage system

17. A local service district may, subject to the Water Resources Act,

(a) contract for the collection and treatment of sewage;

(b) construct, acquire, establish, own and operate a public sewage system; or

(c) upon terms and conditions that it considers appropriate, and with the approval of fifty percent plus one of the residents attending a meeting called for that purpose, financially help, by grant or loan, residents that the committee decides with the installation of an individual septic tank system or other systems approved by the minister for the benefit of a resident.

Entry permitted

18. (1) A committee or its authorized representative may, upon giving reasonable notice and at a reasonable time, enter upon all property within the local service district and into buildings and structures on that property, whether publicly or privately owned, to do all things necessary relative to the construction, attention, repair, maintenance or inspection of a public water supply system or public sewage system that the committee is empowered to undertake or control.

(2) Notwithstanding subsection (1), a committee or its authorized representative may enter upon property without notice where an emergency exists relevant to the operation of the water supply system or sewage system but in so doing it shall make every reasonable effort to address the emergency without inconvenience to the owner or occupier of that property.

(3) Notwithstanding subsections (1) and (2), a committee or its authorized representative shall not enter upon, break up or otherwise interfere with a highway vested in the Crown under section 5 of the Works, Services and Transportation Act without the written consent of the minister responsible for that Act under the Executive Council Act.

Private water supply systems and private sewage systems

19. A committee may, where the committee considers it necessary to do so, ensure that all matters relating to the construction and maintenance and use of private water supply systems and private sewage systems within the local service district are approved by departments of government as may be designated by government for that purpose.

Road maintenance and snow clearing

20. A committee may

(a) provide road maintenance and snow clearing to local roads in the local service district; or

(b) contract with a person providing road maintenance or snow clearing to provide those services to local roads in the local service district.

Street lighting

21. A committee may contract with a person generating, transmitting or distributing power, or proposing to do so for the

(a) supply of street or area lighting in the local service district; or

(b) supply of power and acquire by purchase or lease the equipment, apparatus, appliances, devices and works necessary to provide street or area lighting in the local service district.

Recreational facilities and services

22. A committee may provide recreational facilities and services in the local service district.

Fire department

23. (1) Where a committee does not establish, operate and maintain or continue an existing fire department, the committee may contract for fire protection.

(2) A fire department established or continued by a committee may operate outside the local service district.

(3) Where a committee establishes or continues a fire department, the committee shall pay the annual membership fees to the applicable firefighter and fire protection associations for the members of the fire department.

Duties of fire chief

24. (1) A fire chief shall

(a) recommend to the committee the most suitable form and method of organization for the fire department and recommend rules and regulations for its control and management;

(b) prepare and submit to the committee itemized estimates of the financial needs of the fire department for supplies, equipment and personnel;

(d) maintain a program of recruitment, selection and promotion of personnel;

(e) supervise the evaluation of personnel and provide a comprehensive training program;

(f) where a fire department is authorized to respond to emergencies other than fires, ensure that department personnel are trained in standard first aid and basic life support, and have completed the minimum standards for a first responder level certificate within 24 months from the authorization;

(g) respond to and take command at fires or other emergencies, and direct firefighting and other emergency activities, either personally or through subordinate officers;

(h) maintain a liaison with provincial firefighting and fire prevention authorities and promote public awareness of fire prevention techniques;

(i) prepare reports on firefighting equipment and apparatus and inspect and prepare fire protection, fire prevention and life safety reports on buildings and areas;

(j) recommend fire protection plans to the committee; and

(k) carry out other fire protection related duties assigned by the committee.

(2) The duties referred to in subsection (1) may, in the absence or inability of the fire chief, be carried out by a person designated by the fire chief or committee.

(3) In the absence of the fire chief, the first member of the fire department to arrive at the scene of a fire shall be the officer in charge of the fire department at the fire.

Right re: traffic

25. (1) A fire chief and other members of a fire department, together with their fire engines, apparatus and appliances have the right of way over all traffic while proceeding to answer an alarm of fire or responding to other emergencies.

(2) A fire chief or the officer in charge at a fire or other emergency may close all highways in the vicinity of a fire or other emergency.

Other fire department

26. A fire chief or other members of a fire department of another local service district, town or city, or a person that gives aid to a fire department in fighting a fire or responding to other emergencies are considered to be members of that fire department while they are giving that aid.

Power to enter building

27. (1) Members of a fire department may enter and convey hose and other apparatus as may be necessary for the effective fighting of a fire through any building or structure and over any land within the local service district.

(2) An action does not lie against a member of a fire department, a committee or a local service district with respect to damage necessarily occasioned to a building or structure or land as a result of an action taken under subsection (1).

Fire spread prevention

28. (1) A fire chief or the officer in charge may attach and fix to a private or public building or structure, in a manner satisfactory to the fire chief or officer in charge, fire alarms, wires and fastenings that the fire chief or officer in charge considers necessary for carrying on the work of the fire department or staying the progress of or preventing a fire.

(2) A fire chief or the officer in charge at a fire may, where the fire chief or officer in charge considers it necessary in order to extinguish or stay the progress of a fire, pull down or remove a private or public building or structure, or part of the building or structure.

Prohibition

29. (1) A person shall not obstruct a fire chief or member of a fire department in the discharge of the fire chief's or member's duties or wilfully delay the passage of an engine, apparatus or appliance used by the fire chief or member.

(2) A person shall not wilfully give a false alarm of fire to a fire department or to another person by ringing an alarm signal or operating a siren or other device used to signal the existence of a fire or by telephone or by other means.

Storage of fire equipment

30. A committee shall ensure that all fire equipment is stored so as to reasonably protect the fire equipment from the elements and from vandalism.

Insurance for fire equipment

31. (1) A committee shall insure all fire equipment and related buildings for an amount that is not less than the estimated cost of replacement.

(2) Notwithstanding subsection (1), the committee shall provide for

(a) insurance coverage for fire vehicles which is not less than that prescribed by the Highway Traffic Act and regulations made under the Act; and

(b) collision and comprehensive insurance coverage.

Fee for costs of service or supply

32. (1) Where a committee charges a fee referred to in subsection 259 of the Act, the committee may determine the residents or non-residents who use the services or supply who shall be responsible for the payment of the fee.

(2) A fee referred to in subsection (1) may vary between residents and non-residents who use the services or supply.

(3) A committee may fix the date in each year when the fee referred to in subsection (1) shall be due and payable.

(4) The committee shall publish notice of the fees referred to in subsection (1) in accordance with section 292 of the Act.

(5) The committee may grant an exemption, remission or deferment of fees, either in whole or in part, for a period of time as the committee decides, upon receipt of a written request for exemption, remission or deferment which establishes evidence of need satisfactory to the committee.

PART IV
REPEAL AND COMMENCEMENT

Repeal

33. The Local Service District Regulations, Consolidated Newfoundland and Labrador Regulation 747/96 are repealed.

Commencement

34. These regulations come into force on January 1, 2025.