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Consolidated Newfoundland Regulation 1996


CONSOLIDATED NEWFOUNDLAND REGULATION 747/96

CONSOLIDATED NEWFOUNDLAND REGULATION 747/96

Local Service District Regulations
under the
Municipalities Act
(O.C. 96‑259)

Under the authority of section 652 of the Municipalities Act and the Subordinate Legislation Revision and Consolidation Act, the Lieutenant‑Governor in Council makes the following regulations.

REGULATIONS

Analysis


        1.   Short title

        2.   Definitions

              PART I
ADMINISTRATION

        3.   Petition to be circulated

        4.   Signatures

        5.   Majority required

        6.   Order by minister

        7.   Meeting of householders

        8.   Election of committee

        9.   Qualifications of representatives

      10.   Oath or affirmation of representative

      11.   Special meeting

      12.   Vacancy of office

      13.   Appointment of members

      14.   Quorum

      15.   Unsatisfied quorum

      16.   Appointment of members for quorum

      17.   Term of office

      18.   Expiration of term of office

      19.   Committee a corporation

      20.   First meeting

      21.   Meetings required

      22.   Presiding officer

      23.   Decision on motions

      24.   Merging with other committees

      25.   Fee for cost of services or supply

      26.   Financial year

      27.   Budget

      28.   Bookkeeping

      29.   Bank account

      30.   Staff

      31.   Signature of executive

      32.   Annual meeting

      33.   Notice of annual meeting

      34.   Business at annual meeting

      35.   Special meeting

      36.   Notice

      37.   Quorum

      38.   Presiding officer

      39.   Voting

      40.   Orders re: local service districts

      41.   Inspection of accounts and records

      42.   Appointment of auditors

      43.   Works by committee

              PART II
SERVICES

      44.   Provision of water supply system

      45.   Entry permitted

      46.   Private water supply systems

      47.   Provision of sewage systems

      48.   Entry permitted

      49.   Private sewage systems

      50.   Provision of fire protection

      51.   Volunteer fire department

      52.   Requirements

      53.   Fire chief

      54.   Officer in charge

      55.   Persons considered members

      56.   Equipment use

      57.   Housing of equipment

      58.   Insurance

      59.   Provision of garbage collection

      60.   Requirements of garbage removal system

      61.   System for garbage removal

      62.   Transportation of garbage

      63.   Provision of street lighting

      64.   Regulations for animal control

      65.   Regulations for licensing of animals

      66.   Repeal

Schedule


Short title

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

278/88 s1

Definitions

        2. In these regulations

             (a)  "Act" means the Municipalities Act;

             (b)  "area" means any community, other than a municipality, as defined by the Act;

             (c)  "chairperson" means the chairperson of a committee and includes the vice‑chairperson;

             (d)  "committee" means a local service district committee elected or appointed in accordance with these regulations;

             (e)  "fire department" means a local service district fire department established under these regulations;

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

             (g)  "householder" means the owner or tenant of a residential property and includes the spouse of that person or the partner in a common‑law relationship or a person having joint ownership or joint tenancy of that property;

             (h)  "local service district" means a local service district established in accordance with the Act and these regulations;

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

              (j)  "minister" means the minister appointed under the Executive Council Act to administer the Act; and

             (k)  "municipality" means a municipality as defined under the Act and includes a city or an area incorporated under a special Act.

278/88 s2; 175/92 s1

PART I
ADMINISTRATION

Petition to be circulated

        3. (1) A householder ordinarily resident in an area may circulate a petition among the householders ordinarily resident in the area to determine if it is desirable to establish a local service district.

             (2)  Notwithstanding subsection (1), where the proposed local service district will include more than one area a separate petition shall be circulated in each area.

278/88 s3

Signatures

        4. (1) The name of every householder signing the petition referred to in section 3 shall be written in the hand of that householder.

             (2)  If the householder is unable to sign the petition by writing his or her name, he or she may do so by making his or her mark.

             (3)  Where the householder signs the petition by making his or her mark under subsection (2), it shall be certified by the householder who circulates the petition.

278/88 s4

Majority required

        5. An area shall not be established as a local service district or included as part of a local service district unless the petition referred to in section 3 is signed by a majority of the householders ordinarily resident of the area.

278/88 s5

Order by minister

        6. Upon receipt of the petition referred to in section 3, the minister may issue an order

             (a)  to establish the area named in the petition as a local service district by the name of the "Local Service District of ";

             (b)  to describe the boundaries of the local service district by the use of the name by which the area is generally and commonly known, or otherwise; and

             (c)  to provide for the election of a committee.

278/88 s6

Meeting of householders

        7. (1) Within 60 days of the issuance of an order under section 6, the householders who circulated the petition shall call a meeting comprising at least 25% of the householders ordinarily resident in each area included in the local service district for the purpose of electing a committee.

             (2)  The meeting referred to in subsection (1) shall be called by posting a notice in at least 2 public places in each area included in the local service district at least 7 days before the date of the meeting.

278/88 s7

Election of committee

        8. (1) A committee being elected under these regulations shall be comprised of at least 5 members but not more than 7 members as may be determined by the meeting at which the election is being held.

             (2)  Notwithstanding subsection (1), where a local service district includes more than one area, the householders ordinarily resident in each area who attend the meeting referred to in section 7 shall elect from among their number

             (a)  one member to represent their area; and

             (b)  additional members as may be required to bring the number of members up to that which is determined by the meeting held under subsection (1).

             (3)  Notwithstanding subsection (1), where a local service district includes more than 7 areas, the number of members elected to the committee shall be sufficient to comply with paragraph (2)(a).

278/88 s8

Qualifications of representatives

        9. Every person is qualified to be elected as a member to represent an area included in the local service district who

             (a)  is a householder ordinarily resident in that area;

             (b)  is not in arrears of fees imposed by the committee for a prior financial year;

             (c)  is not in arrears of fees imposed by a waste material disposal committee established under the Waste Material Disposal Act or a water supply and sewage disposal committee established under the Municipal Affairs Act and assumed by the committee; and

             (d)  does not hold an office to which a salary or remuneration payable out of the funds of the local service district is attached.

278/88 s9

Oath or affirmation of representative

     10. (1) Each member shall swear or affirm his or her oath of office before entering on the duties of that office.

             (2)  A member choosing to swear an oath shall take and sign the following oath of office before a justice of the peace or a commissioner for oaths:

"I, A.B. make oath and say that I am fully qualified, as required by section 9 of the Local Service District Regulations, 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."

             (3)  When a member takes the oath of office, an entry shall be made in the minute book of the committee that the oath has been taken by that member.

278/88 s10

Special meeting

     11. (1) Where a vacancy occurs on the committee, the committee shall call a special meeting in accordance with section 35 within 3 months of the vacancy for the purpose of electing a member to fill the vacancy for the unexpired term of the committee.

             (2)  Where no member is elected in accordance with subsection (1) and the minister does not appoint a member in accordance with section 13, the committee shall call another special meeting to fill the vacancy within 3 months of the meeting referred to in subsection (1).

             (3)  The committee may, with the approval of the minister, defer or dispense with a by‑election under this section.

278/88 s11

Vacancy of office

     12. (1) The office of a member becomes vacant

             (a)  where he or she resigns in writing to the committee, from the date specified on the resignation or if no date is specified from the date he or she files the resignation with the committee; or

             (b)  where the committee declares the office vacant in accordance with subsection (2), from the time of declaration.

             (2)  The committee shall, by resolution, declare vacant the office of a member who

             (a)  ceases to be a householder ordinarily resident in the area which he or she represents on the committee;

             (b)  has been absent from the local service district for more than one year;

             (c)  becomes indebted to the committee for arrears of fees imposed or assumed by the committee in accordance with these regulations for a prior financial year;

             (d)  without the leave of the committee

                      (i)  neglects to be sworn into office within 2 months after his or her election, or

                     (ii)  does not attend 2 successive meetings of the committee; or

             (e)  accepts, without the prior approval of the minister, an office or employment under the committee to which a salary or remuneration is payable out of the funds of the local service district.

278/88 s12

Appointment of members

     13. (1) Where in an election or by‑election held in accordance with these regulations

             (a)  no candidate is nominated;

             (b)  fewer candidates are nominated than there are members to be elected; or

             (c)  for another reason, the number of members elected is less than that provided for in the election or by‑election

the minister may appoint as many members as may be necessary to bring the committee up to the number fixed for the committee under section 8.

             (2)  A member appointed under subsection (1) holds office for the same term as he or she would have served had he or she been elected as a member by the election or by‑election.

278/88 s13

Quorum

     14. A majority of the number of members that may be elected or appointed to the committee constitutes a quorum for the purposes of a meeting of the committee.

278/88 s14

Unsatisfied quorum

     15. Where the number of members holding office is less than a quorum, the members remaining in office shall notify the minister within 24 hours and the minister may authorize those members to perform all of those functions of the committee as he or she may prescribe.

278/88 s15

Appointment of members for quorum

     16. (1) Where the number of members holding office is less than a quorum, the minister may appoint a sufficient number of members to make a quorum.

             (2)  A member appointed under subsection (1) holds office until the expiration of the term of office of the members who held office at the time of his or her appointment.

278/88 s16

Term of office

     17. A committee elected or appointed in accordance with these regulations shall remain in office until the second annual meeting of the householders held following its election or appointment.

278/88 s17

Expiration of term of office

     18. Notwithstanding section 17, the term of office of all members whether elected or appointed before or after the coming into effect of these regulations expires when the number of newly elected or appointed members sufficient to constitute a quorum are sworn into office under section 10.

278/88 s18

Committee a corporation

     19. A committee elected or appointed in accordance with these regulations is a corporation.

278/88 s19

First meeting

     20. (1) Except as may otherwise be approved by the minister, the committee shall hold its first meeting within 60 days of its election or appointment in accordance with these regulations and at that meeting shall elect a member to be the chairperson and another to be the vice‑chairperson.

             (2)  Where the office of chairperson becomes vacant, the vice‑chairperson shall become the chairperson and the committee shall immediately elect a member to be vice‑chairperson.

278/88 s20

Meetings required

     21. (1) The committee shall meet at least once every 3 months to transact any business that is considered necessary.

             (2)  Every meeting held under subsection (1) shall be open to the public unless it is held as a privileged meeting or declared by majority vote of the members present at the meeting to be a privileged meeting.

             (3)  Where a meeting is held as a privileged meeting or declared to be a privileged meeting, all members of the public present shall leave the meeting.

             (4)  Where a decision is made by the committee at a privileged meeting, the decision, in order to be valid, shall be ratified at a public meeting.

278/88 s21

Presiding officer

     22. The presiding officer at all committee meetings shall be the chairperson or, in the absence of the chairperson, the vice‑chairperson or, in the absence of both of them, a member designated by the committee for that purpose.

278/88 s22

Decision on motions

     23. Every motion before the committee shall be decided by a majority of the members present at the meeting who vote in favour of the motion.

278/88 s23

Merging with other committees

     24. Where an order is issued in accordance with section 6, property, rights, assets, liabilities and obligations of a waste material disposal committee established under the Waste Material Disposal Act or a water supply and sewage disposal committee established under the Municipal Affairs Act, or both committees as may be appropriated to the area established as the local service district, shall be vested in, assumed by and imposed upon the committee elected or appointed in accordance with these regulations.

278/88 s24

Fee for cost of services or supply

     25. (1) The committee may, under section 649 of the Act, charge a fee for the cost of services or supply provided in the local service district.

             (2)  Where a fee referred to in subsection (1) is charged, the committee may determine the residents or users of the services or supply who shall be responsible for the payment of the fee and may vary the fee between those residents or users.

             (3)  The 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 post notices in at least 2 public places in each area included in the local service district with respect to anything done under subsections (1) and (2).

             (5)  The committee may grant to a householder 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 or exemption, remission or deferment which establishes evidence of need satisfactory to the committee.

             (6)  The fee referred to in subsection (1) may be sued for and collected by action in the name of the committee as a civil debt due to the committee.

278/88 s25

Financial year

     26. (1) The financial year of a committee shall be from January 1 to December 31 next following.

             (2)  For the first year of a committee, the financial year shall be from the date the committee takes office until December 31 next following.

278/88 s26

Budget

     27. (1) The committee shall, not later than 90 days after the day on which the committee takes office in the first financial year and not later than March 31 in each succeeding year, prepare and adopt a budget containing the estimates of the revenue and expenditure of the committee for the current financial year.

             (2)  The budget referred to in subsection (1) shall be in the form that the minister may prescribe and a signed copy shall be sent to the minister within 30 days of its adoption.

278/88 s27

Bookkeeping

     28. The committee shall ensure that full and complete books of account are kept of the financial dealings of the committee.

278/88 s28

Bank account

     29. (1) The committee shall open a bank account in a bank approved by the committee and shall deposit to its credit all money received by it.

             (2)  All cheques or orders withdrawing money from the bank account of the committee shall be signed by the chairperson or vice‑chairperson or, in the absence or incapacity of both of them, by a member designated for that purpose by the committee and shall be countersigned by one other member designated by the committee for that purpose.

278/88 s29

Staff

     30. (1) The committee may employ staff as may be necessary to perform the duties specified by the committee and may remunerate those persons out of the funds of the local service district.

             (2)  Notwithstanding subsection (1), a member shall not accept an office or employment under the committee to which a salary or remuneration is payable out of the funds of the local service district without the prior approval of the minister.

278/88 s30

Signature of executive

     31. All deeds and documents to which the committee is a party shall be signed by the chairperson or vice‑chairperson or, in the absence or incapacity of both of them, by a member designated for that purpose by the committee and shall be countersigned by one other member designated by the committee for that purpose.

278/88 s31

Annual meeting

     32. (1) The committee shall hold an annual meeting of the householders ordinarily resident in the local service district at a time during the year that the committee may decide.

             (2)  There shall be no annual meeting in the year in which the local service district is established.

278/88 s32

Notice of annual meeting

     33. The committee shall post notice of the annual meeting in at least 2 public places in each area included in the local service district at least 7 days before the date of the meeting and shall state in the notice the time, place and purpose of the meeting.

278/88 s33

Business at annual meeting

     34. The committee shall, at the annual meeting

             (a)  present to the householders in attendance a report respecting the financial and other operations of the local service district for the prior financial year; and

             (b)  where required under section 17, provide for the election of a new committee.

278/88 s34

Special meeting

     35. (1) The committee may call a special meeting of the householders ordinarily resident of the local service district.

             (2)  The committee shall call a special meeting of the householders ordinarily resident in the local service district

             (a)  where required under section 11; or

             (b)  where requested to do so by 10% of the householders ordinarily resident in the local service district or at the request of the minister.

278/88 s35

Notice

     36. The committee shall post notice of a special meeting in the same manner as prescribed under section 33.

278/88 s36

Quorum

     37. Ten percent of the householders ordinarily resident in each area included in the local service district constitutes a quorum at an annual or a special meeting and if that quorum is not present, the meeting shall be adjourned to a later time.

278/88 s37

Presiding officer

     38. (1) The presiding officer at an annual or a special meeting shall be the chairperson or in his or her absence the vice‑chairperson or, in the absence of both of them, a member designated by the committee for that purpose.

             (2)  Where the presiding officer is a candidate for election, where an election is required to be held, the householders at the meeting shall appoint a person who is not a candidate for election to be the presiding officer for the election.

278/88 s38

Voting

     39. Every householder ordinarily resident in the local service district may attend an annual or a special meeting and may vote once on every motion before the meeting except that in the case of an election the presiding officer shall not vote unless there is a tie.

278/88 s39

Orders re: local service districts

     40. The minister may by order

             (a)  establish a local service district and appoint a committee for its control and management;

             (b)  extend or reduce the area of a local service district;

             (c)  subject to section 8, increase or decrease the number of members in conjunction with the extension or reduction of the area of a local service district under paragraph (b);

             (d)  convene a meeting of the householders of a local service district to elect a committee or a member; and

             (e)  appoint a person to conduct the meeting referred to in paragraph (d).

278/88 ss40, 41 & 42

Inspection of accounts and records

     41. The minister may appoint a person who shall be authorized to inspect the books of account and other records of a local service district.

278/88 s43

Appointment of auditors

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

278/88 s44

Works by committee

     43. The minister may disallow works proposed by a committee or may order the discontinuance of works already commenced.

278/88 s45

PART II
SERVICES

Provision of water supply system

     44. Under section 640 of the Act, the committee may, subject to the provisions of the Environment Act and regulations made under the Act, contract for or construct, acquire, establish, own and operate a public water supply system.

278/88 s46

Entry permitted

     45. (1) The committee or its employee or authorized agent may, after giving reasonable notice, enter upon any land within the local service district at all times and may enter into buildings and structures on the land at all reasonable times to do all things relative to the work referred to in section 46.

             (2)  In carrying out the work referred to in section 46, the committee shall not break up or otherwise interfere with any highway without the written approval of the Minister of Works, Services and Transportation.

278/88 s47

Private water supply systems

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

278/88 s48

Provision of sewage systems

     47. Under section 641 of the Act, the committee may, subject to the provisions of the Environment Act and its regulations

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

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

             (c)  upon those terms and conditions as it feels appropriate and with the approval of the majority of residents of the local service district attending a meeting called for that purpose, financially assist by grant or loan the residents of the local service district as the committee decides with the installation of an individual septic tank system or other systems as approved by the minister for the benefit of a resident in the local service district.

278/88 s49

Entry permitted

     48. (1) The committee or its employee or authorized agent may, after giving reasonable notice, enter upon any land within the local service district at all times and may enter into buildings or structures on that land at all reasonable times to do all things relative to the work referred to in section 49.

             (2)  In carrying out the work referred to in section 49, the committee shall not break up or otherwise interfere with any highway without the written approval of the Minister of Works, Services and Transportation.

278/88 s50

Private sewage systems

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

278/88 s51

Provision of fire protection

     50. Under section 642 of the Act, the committee may

             (a)  contract for fire protection; or

             (b)  construct, acquire, establish, own and operate a fire hall, fire engines and other apparatus that is necessary for firefighting and fire protection.

278/88 s52

Volunteer fire department

     51. The committee may establish, operate and maintain a volunteer fire department or continue an existing volunteer fire department.

278/88 s53

Requirements

     52. (1) Where a fire department is established or continued under section 53, the committee shall ensure that it is operated in accordance with the Local Service District Volunteer Fire Department Regulations as set out in the Schedule.

             (2)  Where a fire department is established or continued under section 53, the committee shall be responsible for the payment of annual dues to Firefighter's Associations and to the National Fire Protection Association.

             (3)  The committee shall appoint a fire chief who shall administer the fire department in accordance with the responsibilities prescribed by section 3 of the Local Service District Volunteer Fire Department Regulations.

278/88 s54

Fire chief

     53. The fire chief appointed under section 54 shall have the authority to

             (a)  cause to be attached to a building or structure within the local service district alarms and other apparatus that is necessary for effective firefighting and fire protection;

             (b)  cause a building or structure or part of it within the local service district to be pulled down or removed as may be necessary to extinguish or stay the progress of fire.

278/88 s55

Officer in charge

     54. (1) 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 until a senior ranking member arrives at the scene.

             (2)  The officer in charge of the fire department at a fire may close any highway in the vicinity of the fire as may be necessary to effectively fight the fire and to ensure public safety.

278/88 s56

Persons considered members

     55. The members of a fire department of another local service district or a municipality or a person that gives aid to the fire department in fighting a fire are considered to be members of the fire department while they are giving that aid.

278/88 s57

Equipment use

     56. (1) Members of the 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)  No action lies against a member of the fire department or the committee with respect to damage necessarily occasioned to a building or structure or land as a result of an action taken under subsection (1).

278/88 s58

Housing of equipment

     57. The committee shall cause all fire equipment to be housed so as to reasonably protect that equipment from the elements and from vandalism.

278/88 s59

Insurance

     58. (1) The committee shall provide to have all fire equipment and related buildings insured for an amount which is not less than the estimated cost of replacement.

             (2)  Notwithstanding subsection (1), the committee shall provide for insurance coverage for fire vehicles which is not less than that prescribed by the Highway Traffic Act and regulations made under the Act and shall further provide for collision and comprehensive insurance coverage.

278/88 s60

Provision of garbage collection

     59. Under section 643 of the Act, the committee may

             (a)  establish and maintain a system for the collection, removal and disposal of garbage, subject to the approval of the Department of Environment and Lands under the Waste Material Disposal Act and regulations made under that Act; or

             (b)  contract for the collection, removal and disposal of garbage.

278/88 s61

Requirements of garbage removal system

     60. (1) Where a system for the collection, removal and disposal of garbage is established, the committee may

             (a)  fix the time of collection, including a time and the manner for the collection of specific kinds of garbage;

             (b)  require the use of containers in which garbage is to be placed for collection, specify the types of containers and designate the location where those containers shall be placed for collection; and

             (c)  determine the recipients of the collection service.

             (2)  The committee shall post notices in at least 2 public places in each area included in the local service district with respect to anything done under subsection (1).

278/88 s62

System for garbage removal

     61. Where a system for the collection, removal and disposal of garbage is established, the committee may

             (a)  provide, operate and maintain a garbage disposal site subject to the approval of the Department of Environment and Lands under the Waste Material Disposal Act and regulations made under the Act; or

             (b)  contract with another local service district committee, the council of a municipality or a person for the joint use, operation and maintenance of garbage disposal site.

278/88 s63

Transportation of garbage

     62. The committee shall ensure that all garbage collected for removal and disposal is transported in a manner that prevents the loss of garbage during transportation.

278/88 s64

Provision of street lighting

     63. Under section 644 of the Act, the committee may contract with any person generating, transmitting or distributing power, or proposing to do so

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

             (b)  for the 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.

278/88 s65

Regulations for animal control

     64. Under section 645 of the Act, the committee may make regulations

             (a)  restricting and controlling the running at large or keeping of animals other than dogs within the local service district;

             (b)  providing for the seizure and impounding of animals found at large or kept contrary to the regulations made under this section;

             (c)  prescribing impounding fees; and

             (d)  providing that an impounded animal may be sold, destroyed or otherwise disposed of if it is not claimed and the impounding fee paid in the time set out in the regulations made under this section.

278/88 s66

Regulations for licensing of animals

     65. Under section 646 of the Act, the committee may make regulations

             (a)  providing for the licensing and registration of dogs within the local service district and the renewal of licences and the period of validity of the licences;

             (b)  prescribing the form of licences and the kind of licence tags to be issued with the licences;

             (c)  prescribing the fees to be paid for licences and licence tags;

             (d)  providing for the appointment of licensing officers in the local service district;

             (e)  prescribing the allowance to be paid to licensing officers for licensing dogs and collecting and forwarding the fees to the local service district and providing for the payment to licensing officers of the cost to them of remitting the fees in addition to an allowance;

              (f)  providing for the impounding of dogs running at large, prescribing impounding fees to be charged for impounding and providing that any dog may be sold, destroyed or otherwise disposed of if it is not claimed within the time fixed in the regulations made under this section;

             (g)  prohibiting, restricting or regulating the roaming at large of dogs;

             (h)  providing for the seizure and destruction of diseased dogs found at large; and

              (i)  prescribing fines for the non‑compliance or contravention of regulations made under this section.

278/88 s67

Repeal

      66. The Local Service District Regulations, 1988, Newfoundland Regulation 278/88, are repealed.


Schedule

Local Service District Volunteer Fire Department Regulations

Number of members

        1. A fire department shall consist of a number of members up to a maximum of 20 as may be determined by the committee.

Qualifications of applicants

        2. (1) Every person between the ages of 18 and 45 years who wishes to become a member of the fire department shall complete and submit to the committee a written application in a form prescribed by the committee.

             (2)  Every application under subsection (1) shall include a signed declaration of physical fitness by the applicant.

             (3)  An application under subsection (1) may be submitted and if for any reason it is not considered at the time of submission, it shall be retained by the committee for review for a period not exceeding 6 months from the date of submission after which a new application must be submitted.

Fire chief's responsibilities

        3. The fire chief shall report directly to the committee on all matters relating to fire prevention and fire protection within the local service district and shall be responsible for

             (a)  organizing, training and operating the fire department;

             (b)  preparing financial estimates in relation to the operation of the fire department;

             (c)  preparing reports to the committee with respect to firefighting equipment;

             (d)  formulating fire protection plans for the consideration of the committee and implementation of those plans as may be approved by the committee;

             (e)  deploying fire department personnel for maximum effectiveness;

              (f)  directing firefighting activities within the local service district;

             (g)  maintaining a liaison with other fire departments and fire prevention authorities to ensure continuing awareness by the fire department and by the general public of modern firefighting equipment and fire protection techniques; and

             (h)  carrying out other related duties as may be assigned by the committee.

Deputy fire chief

        4. The fire chief shall appoint a deputy fire chief who shall assume the responsibilities of fire chief as required and may appoint officers as may be necessary to the effective operation of the fire department.

Captain of rescue

        5. Where an officer has been appointed to be captain of rescue, that officer shall be responsible for rescue training for the fire department and shall direct all rescue operations as may be necessary at the scene of a fire.

Equipment officer

        6. Where an officer has been appointed to be equipment officer, that officer shall be responsible for all fire department equipment and shall advise the fire chief on all matters relating to inventory and maintenance of that equipment.

Equipment maintenance

        7. The fire chief shall appoint at least 2 members of the fire department who shall be responsible for the physical maintenance of fire department equipment on a regular basis which duties shall be carried out in conjunction with the responsibilities of the equipment officer where one has been appointed under section 6.

Fire vehicle

        8. (1) Where the fire department equipment includes a fire vehicle, the drivers of that vehicle shall be designated by the fire chief and no other person shall drive the vehicle except as may be authorized by the fire chief, the deputy fire chief or officer in charge in the case of an emergency.

             (2)  The names of drivers designated in accordance with subsection (1) shall be posted in the fire hall.

             (3)  Every member of the fire department who has a valid drivers licence and is capable of operating fire department equipment shall qualify for consideration as a driver of the fire vehicle.

             (4)  When responding to a fire call, the first designated driver to arrive at the fire hall shall drive the vehicle and shall, where possible, have at least 2 other members of the fire department with the vehicle before departure to the scene of the call.

             (5)  The driver of a fire vehicle shall, at all times, drive that vehicle having regard for traffic and highway safety and when responding to an emergency shall ensure that both siren and red flashing lights are operational.

             (6)  The driver of a fire vehicle shall be familiar with routes and water sources in the serviced area and shall, with the approval of the fire chief, carry out familiarization drills with the vehicle.

             (7)  The driver of a fire vehicle, upon returning from a fire call, shall inspect the vehicle for adequacy of oil, gasoline, water, battery condition and tire pressure and all other matters essential to the effective operation of the vehicle and shall immediately take corrective measures as may be required.

             (8)  The driver of a fire vehicle that becomes involved in an accident shall immediately report the accident to the fire chief, the deputy fire chief or officer in charge.

Member's responsibilities

        9. Every member of the fire department shall

             (a)  act with respect and courtesy and address superior officers by the fire department rank;

             (b)  show courtesy and respect at all times in dealing with the general public;

             (c)  take care to avoid unnecessary damage to property at the scene of a fire;

             (d)  secure valuables, money, jewellery, etc., found at the scene of a fire for release to police authorities;

             (e)  remain on duty following a fire call until all equipment is returned to the fire hall unless excused by the officer in charge;

              (f)  report injuries on duty to the officer in charge without delay;

             (g)  provide immediate notice of unavailability for duty for any reason.

Meetings

     10. Regular meetings of the fire department shall be held at least once a month at a time to be determined by the members of the fire department except that there shall be no regular meetings during the period December 15 in each year to January 6 in the succeeding year.

Special meetings

     11. Special meetings or drill exercises may be called by the fire chief.

Quorum

     12. Fifty percent plus one of the members of the fire department shall constitute a quorum for the purpose of conducting a meeting.

Attendance

     13. Every member of the fire department shall attend at least 75% of regular meetings except as may be otherwise approved by the fire chief.

Procedure at meetings

     14. (1) The fire chief shall be the chairperson for all meetings of the fire department and shall conduct meetings in accordance with the order of business prescribed under subsection (2).

             (2)  The order of business for meetings of the fire department shall be

             (a)  roll call;

             (b)  minutes of previous meeting;

             (c)  admission of new members;

             (d)  unfinished business;

             (e)  fire chief report;

              (f)  officer report;

             (g)  financial report;

             (h)  committee reports;

              (i)  membership applications;

              (j)  correspondence and invoices;

             (k)  general business;

              (l)  programming; and

            (m)  adjournment.

Speaking privileges

     15. Every member of the fire department attending a meeting of the fire department shall be permitted to speak on any matter relating to the operation of the fire department provided that all remarks are addressed to the chair.

Proper conduct

     16. Every member of the fire department attending a meeting of the fire department shall exercise proper conduct at all times.

Failure to comply

     17. Every member of the fire department who fails to comply with the provisions of these regulations shall be given a written reprimand by the fire chief and shall be subject to dismissal from the fire department for continued non‑compliance.

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