Sections of the Local Governance Act: 161-176
Description:
Part 15 sets out the provisions respecting services provided in all local service districts (LSDs). In addition to some modernization of the legislation, this part includes new provisions.
The areas covered in Part 15 include:
- Services to be provided in all LSDs
- Prescribing services or discontinuing services
- Agreements with respect to the provision of services
- Operation of water or wastewater systems
- User charge calculated by frontage assessment
- Definition of “cost of work”
- Annexation or amalgamation of contiguous local service districts
- Changing the name of a local service district
- Elections of local service district advisory committees
- Term of office and election schedule for advisory committees
- Filling vacancies on a local service district advisory committee
- Financing of services in a local service district
- Estimate of money required for provision of services and tax rate
- Authorization for operating a retail business on the weekly day of rest
- Means of giving notice
- Court orders
New Provisions and Intent:
In addition to the services that must be provided in all local service districts (animal control, fire protection, land use planning, police protection, solid waste collection and disposal) there are three new services that will be delivered in the LSDs:
- Rescue services: This replaces the voluntary non-fire related rescue service which had been added to several LSDs already.
- Emergency measures services: This does not replace the co-ordination efforts from the Department of Justice and Public Safety, but will allow a LSD to set up a warming centre, buy a generator for emergency purposes, or share the service delivery with neighbouring communities.
- Dangerous or unsightly premises enforcement services: This is delivered by the Department of Environment and Local Government’s regional environment offices. The Act also allows the involvement of the Regional Service Commission (RSCs) (if an RSC wishes to be involved in the delivery of this service in their region).
The new Act also allows for optional services to be provided to LSDs by Ministerial Order, as opposed to the approach under the former Municipalities Act of these services being specified in regulation.
For the service of solid waste collection and disposal, the sorting and packaging requirements will be prescribed by Ministerial Order as opposed to being specified in Regulation.
Prescribing services or discontinuing services
The process for adding or discontinuing voluntary services has been modified. The LSD advisory committees may now make recommendations to the Minister which must be considered in the Minister’s decision to add or discontinue a service. If there is no LSD advisory committee, a vote is to be called in the LSD, and the Minister must consider the results of the vote in his or her decision on the service, and the services will be added or discontinued by Ministerial Order.
Agreements with respect to the provision of services
Subject to the Regional Service Delivery Act, the Minister may enter into agreements with any person with respect to the provision of a service.
Changing the name of a local service district
A process has been established for changing the name of an LSD.
Term of office and election schedule for advisory committees
The timelines for elections of new advisory committees have been modified to align them with a general municipal election.
Filling vacancies on a local service district advisory committee
A procedure to follow is specified in the event that a vacancy is created on an advisory committee that brings the committee to less than three members. It also includes a stipulation that a person who resigns from an advisory committee is not eligible to be elected to the advisory committee in the next election.
Means of giving notice
The ways in which people are notified in LSDs have been modernized.