Fourth

Session, 47th General Assembly

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

S.2 Amdt.

Definitions

Ss.5, 6, 7 & 8 R&S

5. Chairperson and

vice-chairperson

6. Board membership

7. Wards

8. Term

S.9 Amdt.

Board vacancies

S.13 Amdt.

Quorum

S.33.1 Added

Annual report

S.47 Amdt.

Regulations

Transitional

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) 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e) of the Regional Service Boards Act, 2012 is repealed and the following substituted: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

(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

(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

(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

(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 boards 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.

Queen's Printer