NEWFOUNDLAND AND LABRADOR
REGULATION 90/24

Feasibility Report and Assessment Report Regulations
under the
Towns and Local Service Districts Act

(Filed December 19, 2024)

Under the authority of section 300 of the Towns and Local Service Districts Act, I make the following regulations.

Dated at St. John’s, December 11, 2024.

Dr. John Haggie
Minister of Municipal and Provincial Affairs

REGULATIONS

Analysis

        1.   Short title

        2.   Definitions

        3.   Contents of report

        4.   Recommendations

        5.   Report and submissions received

        6.   Commencement

Short title

        1. These regulations may be cited as the Feasibility Report and Assessment Report Regulations.

Definitions

        2. In these regulations

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

             (b)  "assessment report" means a report relating to an assessment which may be required by the minister under subsection 218(2) of the Act;               

             (c)  "feasibility report" means a report which may be ordered by the minister under subsection 15(1) of the Act; 

             (d)  "report" means an assessment report or a feasibility report; and

             (e)  "restructuring" means

                      (i)  in relation to a town, the following:

                            (A)  the incorporation of an area in the province as a town,

                            (B)  the amalgamation of 2 or more towns,

                            (C)  the annexation of areas to a town,

                            (D)  the establishment or alteration of boundaries of one or more towns, or

                            (E)  the disincorporation of a town, and

                     (ii)  in relation to a local service district, the following:

                            (A)  the incorporation of an unincorporated area in the province as a local service district,

                            (B)  the establishment and alteration of the boundaries of one or more local service districts,

                            (C)  the amalgamation of 2 or more local service districts,

                            (D)  the annexation of one or more unincorporated areas to a local service district, and

                            (E)  the disestablishment of a local service district.

 

Contents of report

        3. Unless otherwise directed by the minister, a report shall include the following:

             (a)  an executive summary;

             (b)  a clear statement of the purpose, including legislative authority;

             (c)  a detailed methodology for the analysis required under paragraphs (d) and (e);

             (d)  an analysis of the existing town, local service district or unincorporated area, including the following analyses:

                      (i)  service delivery analysis,

                     (ii)  financial analysis,

                    (iii)  governance and administration analysis,

                    (iv)  public infrastructure analysis,

                     (v)  private infrastructure analysis,

                    (vi)  land use analysis,

                   (vii)  demographic analysis, and

                  (viii)  labour market analysis;                    

             (e)  an analysis of the proposed restructuring, including the analyses prescribed in subparagraphs (d)(i) to (viii);

             (f)  an analysis of any other factors that the person preparing the report considers relevant to the proposed restructuring;

             (g)  a detailed synopsis of submissions received;

             (h)  a recommendation that complies with section 4;

              (i)  an annex that contains the following:

                      (i)  a copy of the notice of the public hearing, where there was a public hearing,

                     (ii)  the minister's terms of reference, and

                    (iii)  a reference list of all documents considered in the preparation of the report; and

              (j)  any other information, documentation or analyses the minister determines necessary.

Recommendations

        4. (1) Where a report recommends that the minister proceed with a proposed restructuring in relation to paragraph 14(1)(a), (b) or (c) of the Act, the recommendation in the report shall include

             (a)  a clear statement of the rationale supporting the recommendation;

             (b)  the name of the town;

             (c)  a description and map of the proposed boundary of the town;

             (d)  the composition of the town council;

             (e)  the ward structure, where wards are recommended; and

             (f)  the composition of town staff.

             (2)  Where a report recommends that the minister proceed with a proposed restructuring in relation to paragraph 14(1)(d) of the Act, the recommendation in the report shall include

             (a)  a clear statement of the rationale supporting the recommendation;

             (b)  a description and map of the proposed boundary of the town;

             (c)  changes to ward structure, where changes are necessary, or the ward structure where wards are recommended;

             (d)  the changes to the composition of the town council, where changes are necessary; and

             (e)  the changes to the composition of the town staff, where changes are necessary.

             (3)  Where a report recommends that the minister proceed with a proposed restructuring in relation to paragraph 14(1)(e) of the Act, the recommendation in the report shall include

             (a)  a clear statement of the rationale supporting the recommendation;

             (b)  a detailed plan for the disposition of the assets and liabilities of the town; and

             (c)  the proposed effective date of the disincorporation of the town.

             (4)  Where a report recommends that the minister proceed with a proposed restructuring in relation to paragraph 218(1)(a), (c) or (d) of the Act, the recommendation in the report shall include

             (a)  a clear statement of the rationale supporting the recommendation;

             (b)  the name of the local service district;

             (c)  a description and map of the proposed boundary of the local service district; and

             (d)  the composition of the local service district committee.

             (5)  Where a report recommends that the minister proceed with a proposed restructuring in relation to paragraph 218(1)(b) of the Act, the recommendation in the report shall include

             (a)  a clear statement of the rationale supporting the recommendation;

             (b)  a description and map of the proposed boundary of the local service district; and

             (c)  the changes to the composition of the local service district committee, where changes are necessary.

             (6)  Where a report recommends that the minister proceed with a proposed restructuring in relation to paragraph 218(1)(e) of the Act, the recommendation in the report shall include

             (a)  a clear statement of the rationale supporting the recommendation;

             (b)  a detailed plan for the disposition of the assets and liabilities of the local service district; and

             (c)  the proposed effective date of the disestablishment of the local service district.

Report and submissions received

        5. (1) A report shall be submitted to the minister in the time period set by the minister.

             (2)  The person who prepared the report shall, at the time the report is submitted, provide the minister with copies of all submissions received.

Commencement

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

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