Bill 56 - An Act to Amend the Clean Environment Act

BILL 56

An Act to Amend the Clean Environment Act

Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:

1 Section 15.2 of the Clean Environment Act, chapter C-6 of the Revised Statutes, 1973, is repealed and the following is substituted:

Water or wastewater commissions

15.2(1) The Lieutenant-Governor in Council may

(a) establish a water or wastewater commission for one or more areas of the Province,

(b) determine its name,

(d) prescribe the original terms of office of its members,

(e) prescribe its duties and powers, and

(f) exempt it, in whole or in part, from the provisions of Part 3 of the Energy and Utilities Board Act.

15.2(2) The Regulations Act does not apply to an order made under subsection (1).

15.2(3) A water or wastewater commission is a body corporate.

15.2(4) A water or wastewater commission may

(a) construct, acquire, establish, enlarge, control, manage, maintain and operate waterworks or wastewater works,

(b) provide and supply water to a person,

(d) make arrangements and enter into agreements with a person with respect to the operation of waterworks, wastewater works, supply of water or the reception, treatment and disposal of wastewater,

(e) acquire, hold and dispose of real or personal property,

(f) engage and pay personnel,

(g) finance any of its undertakings,

(h) assess, charge and collect fees for services from a person,

(i) operate a waterworks or wastewater works on behalf of a government or a person, and

(j) generally, perform any function or duty prescribed by the Lieutenant-Governor in Council.

15.2(5) The membership of a water or wastewater commission shall be as follows:

(a) for each participating municipality, two members appointed by the council of the municipality that the member represents;

(b) for each participating rural community, two members appointed by the rural community council that the member represents;

(d) despite paragraphs (a) to (c), if a water or wastewater commission is established for an area containing only one municipality or one rural community and no unincorporated areas, not more than five members representing the participating municipality or the participating rural community, appointed by the council of the municipality or the rural community council that the member represents.

15.2(6) The term of office of a member of a water or wastewater commission is four years and the member may be reappointed, but no member shall serve more than three consecutive terms.

15.2(7) A participating municipality may at any time remove from office a member of a water or wastewater commission who was appointed by the municipality, and may appoint a member to complete the term of office of the member who was removed.

15.2(8) A participating rural community may at any time remove from office a member of a water or wastewater commission who was appointed by the rural community, and may appoint a member to complete the term of office of the member who was removed.

15.2(9) The Minister may at any time remove from office a member of a water or wastewater commission who was appointed by the Minister, and may appoint a member to complete the term of office of the member who was removed.

15.2(10) When a member of a water or wastewater commission is not reappointed or replaced on the expiry of his or her term, the member’s subsequent reappointment or the appointment of a replacement shall be deemed to have taken place immediately after the expiration of the member’s term.

15.2(11) If a member of a water or wastewater commission for any reason does not complete the member’s term of office, the municipality, the rural community or the Minister, as the case may be, may appoint a member for the remainder of the term and the term of the member appointed is deemed to be the term referred to in subsection (6).

15.2(12) The members of a water or wastewater commission may make, amend and repeal by-laws for the control and management of the business and affairs of the water or wastewater commission.

15.2(13) The members of a water or wastewater commission shall elect from among the membership the executive officers of the water or wastewater commission.

15.2(14) Each water or wastewater commission shall establish, in its by-laws, a quorum for its meetings, and a quorum shall comprise at least one-half of the number of members who, at the time when the meeting in issue is held, hold an appointment to the commission.

15.2(15) Every vote on a motion made at a meeting of a water or wastewater commission shall be taken when a quorum is present.

15.2(16) A motion made at a meeting of a water or wastewater commission to approve an annual budget for the commission or to approve the borrowing of money shall not pass unless at least two-thirds of the members of the commission present, who represent at least two-thirds of the total population represented by all the members present, vote in favour.

15.2(17) In a vote on a motion made at a meeting of a water or wastewater commission to approve an annual budget for the commission or to approve the borrowing of money

(a) all members of the commission who are present, including the chair, shall cast their vote openly and individually, and not by ballot or other secret means, and

(b) a member who is present and who does not vote, for any reason, shall be deemed to have voted in favour of the motion.

15.2(18) A motion made at a meeting of a water or wastewater commission other than a motion to approve an annual budget for the commission or to approve the borrowing of money shall not pass unless 50% plus one of the members of the commission present, or a higher percentage as set by the commission by by-law, vote in favour.

15.2(19) The members of a water or wastewater commission shall not vote on a budget for the commission or to borrow money unless the commission has given written notice of the vote and a copy of the proposed budget or borrowing to each participating municipality, to each participating rural community and, if a participating unincorporated area is served by the commission, to the Minister at least 45 days before the vote.

15.2(20) Each water or wastewater commission shall adopt an operating budget for the forthcoming fiscal year of the commission and submit the adopted budget to each participating municipality, to each participating rural community and to the Minister no later than November 30 of each year.

15.2(21) Within three months after the end of the fiscal year of a water or wastewater commission, the commission shall ensure that annual audited financial statements are prepared in conformity with subsection (22) and shall transmit copies of the audited financial statements to each participating municipality, to each participating rural community and to the Minister.

15.2(22) The annual audited financial statements required under subsection (21) shall be conducted by a chartered accountant or a certified general accountant, in accordance with the systems of estimates, bookkeeping, accounting and auditing and all other guidelines prescribed under section 8 of the Control of Municipalities Act.

15.2(23) Within three months after the end of its fiscal year, a water or wastewater commission shall prepare and submit to each participating municipality, to each participating rural community and to the Minister an annual report in which is set out a description of its activities during the previous fiscal year.

15.2(24) A water or wastewater commission shall hold an annual general meeting open to the public.

15.2(25) The Lieutenant-Governor in Council may appoint a trustee to whom and in whom shall be transferred and vested on the appointment, without further action, all rights, powers, functions, duties and responsibilities of the members of a water or wastewater commission for the period the Lieutenant-Governor in Council considers fit, if, in the opinion of the Minister, the members

(a) are not functioning effectively,

(b) fail to fulfil their responsibilities under this Act and the regulations, or

(c) fail to comply or to ensure that the water or wastewater commission complies with any applicable provision of this Act or the regulations.

15.2(26) If a trustee is appointed under subsection (25), the members of the water or wastewater commission are, without further action, removed from office.

15.2(27) If satisfied that the reason for appointing a trustee under subsection (25) no longer exists, the Lieutenant-Governor in Council may terminate the appointment of the trustee and all rights, powers, functions, duties and responsibilities transferred to and vested in or acquired by the trustee are, on the termination and without further action, transferred to and vested in the members of the water or wastewater commission appointed in accordance with subsection (5).

2 Section 32 of the Act is amended by adding after paragraph (f) the following:

(f.01) respecting additional functions and duties for water or wastewater commissions established under section 15.2;

(f.02) respecting voting procedures and requirements for water or wastewater commissions established under section 15.2, including the weighting of votes for proportional representation;

(f.03) respecting the preparation and submission of annual reports by water or wastewater commissions established under section 15.2;

TRANSITIONAL PROVISIONS

Transitional provisions

3 A commission established under section 15.2 of the Clean Environment Act as that section existed immediately before the commencement of this section continues as a body corporate and shall be deemed to have been established as a water or wastewater commission under section 15.2 of the Clean Environment Act as amended by this amending Act.

4(1) In the case of a commission continued under section 3 of this amending Act where the only participating areas are unincorporated areas,

(a) the terms of office of members of the commission who held office immediately before the commencement of this section continue until,

(i) in the case of a term of office with a term expiry date, the date on which the member’s current term would have expired under section 15.2 of the Clean Environment Act as that section existed immediately before the commencement of this section, and

(ii) in the case of a term of office without a term expiry date, November 1, 2012,

(b) despite paragraph 15.2(1)(d) of the Clean Environment Act, the Minister may appoint the first new members of the commission for four years or less to allow for the staggering of terms,

(c) the commission may have more than five members from the coming into force of this section until October 31, 2012, and

(d) a member referred to in paragraph (a) who is a member of the commission for less than 12 consecutive years may be reappointed by the Minister but his or her term shall expire when the member acts as a member for 12 consecutive years, all consecutive years of service included.

4(2) In the case of a commission continued under section 3 of this amending Act where the only participating areas are municipalities or rural communities,

(a) the terms of office of members of the commission who held office immediately before the commencement of this section continue until September 1, 2012,

(b) despite paragraph 15.2(1)(d) of the Clean Environment Act, the participating municipalities or the participating rural communities may appoint the first new members of the commission for four years or less to allow for the staggering of terms, and

(c) a member referred to in paragraph (a) who is a member of the commission for less than 12 consecutive years may be reappointed by the participating municipalities or the participating rural communities but his or her term shall expire when the member acts as a member for 12 consecutive years, all consecutive years of service included.

4(3) In the case of a commission continued under section 3 of this amending Act where the participating areas are municipalities, rural communities and unincorporated areas,

(a) the terms of office of members of the commission who held office immediately before the commencement of this section continue until September 1, 2012,

(b) despite paragraph 15.2(1)(d) of the Clean Environment Act, the participating municipalities, the participating rural communities or the Minister may appoint the first new members of the commission for four years or less to allow for the staggering of terms, and

(c) a member referred to in paragraph (a) who is a member of the commission for less than 12 consecutive years may be reappointed by the participating municipalities, the participating rural communities or the Minister but his or term shall expire when the member acts as a member for 12 consecutive years, all consecutive years of service included.

CONSEQUENTIAL AMENDMENTS

Regulation under the Clean Water Act

5 Subsection 3(2) of New Brunswick Regulation 93-201 under the Clean Water Act is amended by striking out “corporation” and substituting “water or wastewater commission”.

Control of Municipalities Act

6 The Control of Municipalities Act, chapter C-20 of the Revised Statutes, 1973, is amended by adding after section 19 the following:

19.1 For the purposes of this Part, a water or wastewater commission established under section 15.2 of the Clean Environment Act is deemed to be a municipality.

Municipal Assistance Act

7 Subsection 13(7) of the Municipal Assistance Act, chapter M-19 of the Revised Statutes, 1973, is amended by striking out “corporation” and substituting “water or wastewater commission”

Municipal Capital Borrowing Act

8 Subsection 14(1) of the Municipal Capital Borrowing Act, chapter M-20 of the Revised Statutes, 1973, is amended by striking out “corporation” and substituting “water or wastewater commission”.

Municipalities Act

9(1) Section 90.1 of the Municipalities Act, chapter M-22 of the Revised Statutes, 1973, is amended in paragraph (b) of the definition “local board” by striking out “corporation” and substituting “water or wastewater commission”.

9(2) Subsection 189(18) of the Act is amended by striking out “corporation” and substituting “water or wastewater commission”.

New Brunswick Municipal Finance Corporation Act

10 Section 1 of the New Brunswick Municipal Finance Corporation Act, chapter N-6.2 of the Acts of New Brunswick, 1982, is amended in paragraph (a) of the definition “municipality” by striking out “corporation” and substituting “water or wastewater commission”.

Regulation under the Real Property Transfer Tax Act

11 Paragraph 3(b) of New Brunswick Regulation 83-106 under the Real Property Transfer Tax Act is amended by striking out “commission appointed” and substituting “water or wastewater commission established”.