Bill 3 - An Act Respecting the Regional Service Delivery Act

BILL 3

An Act Respecting the Regional Service Delivery Act

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

Clean Environment Act

1(1) Section 1 of the Clean Environment Act, chapter C-6 of the Revised Statues, 1973, is amended by repealing the definition “regional solid waste commission”.

1(2) Section 15.1 of the Act is amended

(a) in paragraph (1)(a)

(i) in clause (i)(B) by striking out “,and” at the end of the clause and substituting a semicolon;

(ii) by repealing subparagraph (ii);

(b) by repealing paragraph (2)(b).

1(3) Section 15.3 of the Act is repealed.

1(4) Section 15.4 of the Act is repealed.

1(5) Section 15.5 of the Act is repealed.

1(6) Section 15.6 of the Act is repealed.

1(7) Section 15.7 of the Act is repealed.

1(8) Section 15.8 of the Act is repealed.

1(9) Section 15.9 of the Act is repealed.

1(10) Section 15.91 of the Act is repealed.

1(11) Section 15.92 of the Act is repealed.

1(12) Section 15.93 of the Act is repealed.

1(13) Section 15.94 of the Act is repealed.

1(14) Section 15.95 of the Act is repealed.

1(15) Section 32 of the Act is amended

(a) by repealing paragraph (f.1);

(b) by repealing paragraph (f.11);

(d) by repealing paragraph (f.13);

(e) by repealing paragraph (f.2);

(f) by repealing paragraph (f.3);

(g) by repealing paragraph (f.4);

(h) by repealing paragraph (f.5);

(i) by repealing paragraph (f.6);

(j) by repealing paragraph (f.7);

(k) by repealing paragraph (f.8);

(l) by repealing paragraph (f.9);

(m) by repealing paragraph (f.91).

Repeal of regulation under the Clean Environment Act

2 New Brunswick Regulation 96-11 under the Clean Environment Act is repealed.

Regulation under the Clean Water Act

3(1) Subsection 3(2) of New Brunswick Regulation 93-201 under the Clean Water Act is amended by striking out “a regional solid waste commission” and substituting “a regional service commission”.

3(2) Subsection 5(3) of the Regulation is amended by striking out “a regional solid waste commission” and substituting “a regional service commission”.

Community Planning Act

4(1) Section 1 of the Community Planning Act, chapter C-12 of the Revised Statutes, 1973, is amended

(a) by repealing the definition “building inspector” and substituting the following:

“building inspector” means (inspecteur des constructions)

(a) a person who has the primary responsibility to a regional service commission for the enforcement of municipal by-laws or other provincial laws with respect to building and construction within the region, and

(b) a person appointed under subsection 74(3) or 190.077(3) of the Municipalities Act;

(b) by repealing the definition “commission”;

“development officer” means (agent d’aménagement)

(a) with respect to a municipality that is providing its own land use planning service,

(i) the municipal planning director or municipal planning officer, where one has been appointed under subsection 16(1), or

(ii) the Director, where there are regional developments or, in the case of a village, where he or she is appointed as the development officer under paragraph 16(3)(a) or where paragraph 16(3)(b) applies,

(b) with respect to a rural community that is providing its own land use planning service,

(i) the rural community planning director or rural community planning officer, where one has been appointed under subsection 16(1.1), or

(ii) the Director, where there are regional developments, and

(c) with respect to a municipality, a rural community or an unincorporated area that is not providing its own land use planning service, the planning director as defined in the Regional Service Delivery Act;

(d) by repealing the definition “district director”;

(e) by repealing the definition “district officer”;

(f) in the definition “planner” by striking out “Institute of Planners” and substituting “Institute of Planners or a planner as defined in the Regional Service Delivery Act”;

(g) by repealing the definition “planning district”;

(h) by repealing the definition “planning region”;

(i) in paragraph (b) of the definition “type 2 subdivision” by striking out “commission” and substituting “regional service commission”;

(j) by adding the following definitions in alphabetical order:

“regional service commission” means a regional service commission established under the Regional Service Delivery Act; (commission de services régionaux)

“region” means a region as defined in the Regional Service Delivery Act; (région)

4(2) Section 2 of the Act is amended

(a) in paragraph (a) by striking out “the division of the Province into seven planning regions for the purposes of this Act, and”;

(b) by repealing paragraph (b) and substituting the following:

(b) the coordination of community planning within the context of a regional plan, if any;

(d) by repealing paragraph (g);

(e) in paragraph (i) by striking out “commissions” and substituting “regional service commissions”.

4(3) Section 3 of the Act is amended by striking out “5,”.

4(4) Section 4 of the Act is amended

(a) in subsection (2) in the portion preceding paragraph (a) by striking out “not in a planning district” and substituting “that are providing their own land use planning service”;

(b) in subsection (2.1) in the portion preceding paragraph (a) by striking out “not in a planning district” and substituting “that are providing their own land use planning service”;

4(5) The heading “PLANNING REGIONS AND PLANNING DISTRICTS” preceding section 5 of the Act is repealed.

4(6) Section 5 of the Act is repealed.

4(7) The heading “DISTRICT COMMISSIONS” preceding section 6 of the Act is repealed.

4(8) Section 6 of the Act is repealed.

4(9) Section 7 of the Act is repealed.

4(10) Section 8 of the Act is repealed.

4(11) Section 9 of the Act is repealed.

4(12) Section 10 of the Act is repealed.

4(13) Section 11 of the Act is repealed.

4(14) Section 11.1 of the Act is repealed.

4(15) Subsection 12(1) of the Act is amended in the portion preceding paragraph (a) by striking out “not in a planning district” and substituting “that is providing its own land use planning service”.

4(16) Paragraph 13(a) of the Act is repealed and the following is substituted:

(a) those accruing under the provisions mentioned in paragraph 24(1)(a) of the Regional Service Delivery Act, other than the provisions of section 77 mentioned therein;

4(17) Section 16 of the Act is amended

(a) in subsection (1) in the portion preceding paragraph (a) by striking out “not in a planning district” and substituting “that is providing its own land use planning service”;

(b) in subsection (1.1) in the portion preceding paragraph (a) by striking out “not in a planning district” and substituting “that is providing its own land use planning service”.

4(18) Section 17 of the Act is amended

(a) by repealing subsection (1) and substituting the following:

17(1) Subject to this section, a regional service commission shall prepare a regional development plan for its region.

(b) by repealing subsection (2) and substituting the following:

17(2) Prior to and during the preparation of a regional plan, a regional service commission shall consult with the municipalities and the rural communities in its region and with the Minister with respect to the contents of the plan.

(d) in paragraph (4)(f) by striking out “, in the opinion of the Minister,”;

(e) in subsection (5) by striking out “planning region” and substituting “region”;

(f) in subsection (6) by striking out “planning”;

4(19) Section 18 of the Act is amended

(a) by repealing subsection (1) and substituting the following:

18(1) With respect to a region for which a regional plan has been prepared, the regional service commission shall

(a) publish a notice in a newspaper circulated within the region at least ten, and no more than fourteen, days prior to the day mentioned in subparagraph (ii), stating

(i) the intention of the regional service commission to recommend adoption of the plan,

(ii) the day and place for a public presentation by the regional service commission of the proposed plan,

(iii) that objections to the proposed plan may be made to the regional service commission within sixty days of such notice; and

(b) give to each municipality, rural community and unincorporated area within the region

(i) a copy of the proposed plan, and

(ii) the particulars of the notice mentioned in paragraph (a).

(b) in subsection (2) by striking out “Director” and substituting “regional service commission”;

18(3) When the time for submission of objections to a proposed regional plan has expired, the regional service commission

(a) shall consider any objections it received, and

(b) subject to subsection (4), may recommend the adoption of the plan.

(d) in subsection (4) by striking out “Minister” and substituting “regional service commission”;

(e) by repealing subsection (5);

(f) by repealing subsection (6) and substituting the following:

18(6) The regional service commission shall file a copy of the regional plan in the registry office and forward a copy to each municipality, rural community and unincorporated area in the region.

(g) in subsection (8) by striking out “On the recommendation of the Minister, the Lieutenant-Governor in Council” and substituting “A regional service commission”.

4(20) Subsection 19(2) of the Act is repealed and the following is substituted:

19(2) An approval under subsection (1) may be given

(a) by the planning director as defined in the Regional Service Delivery Act, in the case of a regional development on land in a region,

(b) by the municipal planning director or municipal planning officer, where one has been appointed, in the case of a regional development on land in a municipality that is providing its own land use planning service,

(c) by the rural community planning director or rural community planning officer, if one has been appointed, in the case of a regional development on land in a rural community that is providing its own land use planning service, or

(d) by the Director, where paragraphs (a), (b) and (c) do not apply.

4(21) Section 20 of the Act is amended in the portion preceding paragraph (a) by striking out “the district director or district officer” and substituting “the planning director as defined in the Regional Service Delivery Act”.

4(22) Section 23 of the Act is amended

(a) by repealing subparagraph (2)(a)(iii) and substituting the following:

(iii) in the case of a municipality not providing its own land use planning service,

(A) a planning consultant engaged by and responsible to the council, or

(B) the planning director, where the regional service commission prepares the plan;

(b) by repealing paragraph (4)(b) and substituting the following:

(b) if he or she is engaged by a municipality that is not providing its own land use planning service, seek the advice and assistance of the regional service commission; and

4(23) Section 34 of the Act is amended

(a) in subsection (3)

(i) in paragraph (g) by striking out “commission” and substituting “regional service commission”;

(ii) in paragraph (h)

(A) in the portion preceding subparagraph (i) by striking out “commission” and substituting “regional service commission”;

(B) in clause (i.1)(C) by striking out “commission” and substituting “regional service commission”;

(iii) in paragraph (h.1) in the portion preceding subparagraph (i) by striking out “commission” and substituting “regional service commission”;

(b) in paragraph (4)(c)

(i) in subparagraph (i) by striking out “commission” and substituting “regional service commission”;

(ii) in subparagraph (ii) by striking out “commission” and substituting “regional service commission”;

(c) in subsection (5) in the portion preceding paragraph (a) by striking out “commission” and substituting “regional service commission”.

4(24) Section 35 of the Act in amended

(a) in subsection (1) in the portion preceding paragraph (a) by striking out “commission” and substituting “regional service commission”;

(b) in subsection (3) by striking out “commission” and substituting “regional service commission”;

4(25) Section 36 of the Act is amended

(a) in the portion preceding paragraph (a) by striking out “commission” and substituting “regional service commission”;

(b) in paragraph (c) by striking out “commission” and substituting “regional service commission”.

4(26) Section 40 of the Act is amended

(a) in subsection (2)

(i) in paragraph (a) by striking out “commission” and substituting “regional service commission”;

(ii) in paragraph (b) by striking out “commission” wherever it appears and substituting “regional service commission”;

(b) in subsection (3) by striking out “commission” and substituting “regional service commission”;

4(27) Subsection 42(3) of the Act is amended

(a) in subparagraph (c)(ii) by striking out “commission” and substituting “regional service commission”;

(b) in paragraph (k) in the portion preceding subparagraph (i) by striking out “commission” and substituting “regional service commission”;

4(28) Section 43 of the Act is amended

(a) in paragraph (1)(a) by striking out “commission” and substituting “regional service commission”;

(b) in paragraph (3)(a) by striking out “commission” and substituting “regional service commission”.

4(29) Section 44 of the Act is amended

(a) in subsection (1)

(i) in paragraph (g) by striking out “commission” and substituting “regional service commission”;

(ii) in paragraph (i) by striking out “commission” and substituting “regional service commission”;

(iii) in subparagraph (k)(ii) by striking out “commission” and substituting “regional service commission”;

(iv) by repealing paragraph (m) and substituting the following:

(m) may, with respect to powers vested in him or her by this Act pertaining to the administration of a subdivision bylaw,

(i) if he or she is a planning director as defined in the Regional Service Delivery Act, a rural community planning director or a municipal planning director, delegate such powers, or

(ii) if he or she is a rural community planning officer or a municipal planning officer, delegate such powers when authorized in writing by the Minister.

(b) in paragraph (2)(b) by striking out “commission” and substituting “regional service commission”;

(c) in subsection (7) by striking out “not within a planning district” and substituting “that is providing its own land use planning service”.

4(30) Section 46 of the Act is amended

(a) in subsection (1) in the portion preceding paragraph (a) by striking out “commission” and substituting “regional service commission”;

(b) in subsection (2)

(i) in the portion preceding paragraph (a) by striking out “commission” and substituting “regional service commission”;

(ii) in paragraph (c) by striking out “commission” and substituting “regional service commission”;

(d) in subsection (4) by striking out “commission” and substituting “regional service commission”.

4(31) Subsection 48(3) of the Act is amended in the portion preceding paragraph (a) by striking out “commission” and substituting “regional service commission”.

4(32) Subsection 52(7) of the Act is amended by striking out “commission” and substituting “regional service commission”.

4(33) Subsection 54(5) of the Act is amended by striking out “commission” and substituting “regional service commission”.

4(34) Paragraph 55(2)(a) of the Act is amended by striking out “commission” and substituting “regional service commission”.

4(35) Section 56 of the Act is amended

(a) in paragraph (2)(a) by striking out “commission” and substituting “regional service commission”;

(b) in subsection (4.1) in the portion preceding paragraph (a) by striking out “commission” and substituting “regional service commission”.

4(36) Section 64 of the Act is amended

(a) in subparagraph (1)(b)(ii) by striking out “commission” and substituting “regional service commission”;

(b) in subsection (2)

(i) in paragraph (a) by striking out “commission” and substituting “regional service commission”;

(ii) in paragraph (b) by striking out “commission” and substituting “regional service commission”.

4(37) Section 64.1 of the Act is amended

(a) in subsection (1) in the portion preceding paragraph (a) by striking out “commission” and substituting “regional service commission”;

(b) by repealing subsection (2) and substituting the following:

64.1(2) If a fee is prescribed under subsection (1) and collected by a regional service commission, the fee shall be paid to the municipality or rural community in the region.

4(38) Section 66 of the Act is amended

(a) in subsection (1)

(i) in the portion preceding paragraph (a) by striking out “commission” and substituting “regional service commission”;

(ii) in paragraph (b) by striking out “commission” and substituting “regional service commission”;

(b) in subsection (2)(b) by striking out “commission” and substituting “regional service commission”;

4(39) Section 76.1 of the Act is amended

(a) in paragraph (1)(a) by striking out “commission” and substituting “regional service commission”;

(b) in subsection (2) by striking out “commission” and substituting “regional service commission”.

4(40) Section 77 of the Act is amended

(a) in subsection (0.1) by striking out “commission” and substituting “regional service commission”;

(b) in subsection (2.92) by striking out “commission” and substituting “regional service commission”;

77(5) Where a regulation under this section is in effect, the planning director as defined in the Regional Services Delivery Act is the development officer and the powers vested in a regional service commission under paragraph (6)(a) or (c), (7)(b) or (8)(b) shall be deemed to be vested in the regional service commission.

(d) in subsection (6)

(i) in paragraph (a) by striking out “commission” and substituting “regional service commission”;

(ii) in paragraph (a.2) by striking out “commission” and substituting “regional service commission”;

(iii) in paragraph (c) by striking out “commission” and substituting “regional service commission”;

(e) in subsection (7)

(i) in subparagraph (a)(i) by striking out “commission” and substituting “regional service commission”;

(ii) in paragraph (a.1) by striking out “commission” and substituting “regional service commission”;

(iii) in paragraph (b) by striking out “commission” and substituting “regional service commission”;

(iv) in paragraph (c) by striking out “commission” and substituting “regional service commission”;

(f) in subsection (8)

(i) in clause (a)(ii)(A) by striking out “commission” and substituting “regional service commission”;

(ii) in paragraph (b) by striking out “commission” and substituting “regional service commission”;

(g) by striking out paragraph (11)(a) and substituting the following:

(a) if the regulation would have effect in a region, request the regional service commission to give its views on the regulation,

4(41) Subsection 77.2(5) of the Act is amended

(a) in paragraph (a) by striking out “commission” and substituting “regional service commission”;

(b) in paragraph (b) by striking out “commission” wherever it appears and substituting “regional service commission”;

(d) in paragraph (d) by striking out “commission” and substituting “regional service commission”.

4(42) Subsection 81(6) of the Act is repealed and the following is substituted:

81(6) With respect to powers vested in him or her by this section, a development officer may

(a) if he or she is a planning director as defined in the Regional Service Delivery Act, a municipal planning director or a rural community planning director, delegate such powers, or

(b) if he or she is a municipal planning officer or a rural community planning officer, delegate such powers when authorized in writing by the Minister.

4(43) Section 87 of the Act is amended

(a) in subsection (4.1) by striking out “commission” and substituting “regional service commission”;

(b) in subsection (6.1) by striking out “commission” and substituting “regional service commission”.

4(44) Section 91 of the Act is amended

(a) in subsection (5)

(i) by repealing paragraph (a);

(ii) in paragraph (b) by striking out “is not in a planning district” and substituting “is providing its own land use planning service”;

(b) in subsection (5.1)

(i) by repealing paragraph (a);

(ii) in paragraph (b) by striking out “is not in a planning district” and substituting “is providing its own land use planning service”;

4(45) Section 100 of the Act is amended

(a) by repealing paragraph (1)(b);

(b) in subsection (2) by striking out “not in a planning district” and substituting “providing its own land use planning service”;

Regulations under the Community Planning Act

5(1) New Brunswick Regulation 78-16 under the Community Planning Act is repealed.

5(2) New Brunswick Regulation 80-159 under the Community Planning Act is amended

(a) in subsection 5(4) in the portion preceding paragraph (a) by striking out “commission” and substituting “regional service commission”;

(b) in section 6

(i) in paragraph (1)(b) by striking out “commission” and substituting “regional service commission”;

(ii) in subsection (6) by striking out “commission” and substituting “regional service commission”;

(c) in subsection 7(2) in the portion preceding paragraph (a) by striking out “commission” and substituting “regional service commission”;

(d) in subsection 7.1(2) by striking out “commission” and substituting “regional service commission”.

5(3) Subsection 3(1) of New Brunswick Regulation 81-126 under the Community Planning Act is amended

(a) in paragraph (a)(i) by striking out “planning district” and substituting “former planning district”;

(b) in paragraph (d)

(i) in subparagraph (i) by striking out “Belledune Planning District” and substituting “former Belledune Planning District”;

(ii) in subparagraph (ii) by striking out “Acadian Peninsula Planning District” and substituting “former Acadian Peninsula Planning District”;

(c) in subparagraph (h)(i) by striking out “Miramichi Planning District” and substituting “former Miramichi Planning District”;

(d) in subparagraph (j)(i) by striking out “Belledune and Restigouche Planning Districts” and substituting “former Belledune and Restigouche Planning Districts”;

(e) in subparagraph (n)(i) by striking out “planning districts” and substituting “former planning districts”;

5(4) Form 2 of New Brunswick Regulation 84-59 under the Community Planning Act is amended

(a) by striking out “Planning Advisory Committee (or District Planning Commission” and substituting “Planning Advisory Committee (or regional service commission”;

(b) by striking out “District Planning Commission” and substituting “regional service commission”.

5(5) New Brunswick Regulation 85-26 under the Community Planning Act is repealed.

5(6) New Brunswick Regulation 85-36 under the Community Planning Act is repealed.

5(7) New Brunswick Regulation 88-3 under the Community Planning Act is repealed.

5(8) New Brunswick Regulation 90-24 under the Community Planning Act is repealed.

5(9) New Brunswick Regulation 93-172 under the Community Planning Act is amended

(a) in section 2

(i) by repealing the definition “Planning Commission”;

(ii) by adding the following definition in alphabetical order:

“regional service commission” means Regional Service Commission 6 established under the Regional Service Delivery Act; (commission de services régionaux)

(b) in paragraph 4(b) in the portion preceding subparagraph (i) by striking out “Planning Commission” and substituting “regional service commission”;

Powers of the Regional Service Commission

(d) in section 5

(i) in subsection (1) by striking out “Planning Commission” and substituting “regional service commission”;

(ii) in subsection (2) in the portion preceding paragraph (a) by striking out “Planning Commission” and substituting “regional service commission”;

(iii) in subsection (3) by striking out “Planning Commission” and substituting “regional service commission”;

(iv) in subsection (4) in the portion preceding paragraph (a) by striking out “Planning Commission” and substituting “regional service commission”

(e) in subsection 10(3) by striking out “Planning Commission” wherever it appears and substituting “regional service commission”;

5(10) New Brunswick Regulation 95-86 under the Community Planning Act is repealed.

5(11) New Brunswick Regulation 97-46 under the Community Planning Act is repealed.

5(12) New Brunswick Regulation 97-122 under the Community Planning Act is repealed.

5(13) New Brunswick Regulation 97-139 under the Community Planning Act is repealed.

5(14) New Brunswick Regulation 97-140 under the Community Planning Act is repealed.

5(15) New Brunswick Regulation 98-34 under the Community Planning Act is repealed.

5(16) New Brunswick Regulation 2002-76 under the Community Planning Act is repealed.

5(17) New Brunswick Regulation 2008-67 under the Community Planning Act is repealed.

5(18) Section 3 of New Brunswick Regulation 2009-31 under the Community Planning Act is amended in the portion preceding paragraph (a) by striking out “commission” and substituting “regional service commission”.

Order under the Community Planning Act

6 The Order Respecting the Acadian Peninsula Planning District, dated April 17, 1979, is repealed.

Regulation under the Condominium Property Act

7 Subsection 4(2) of New Brunswick Regulation 2009-169 under the Condominium Property Act is amended by striking out “district planning commission” and substituting “regional service commission”.

Control of Municipalities Act

8 The Control of Municipalities Act, chapter C-20 of the Revised Statutes, 1973, is amended by repealing section 19.1 and substituting the following:

Deeming provision

19.1 For the purposes of this Part, the following are deemed to be a municipality:

(a) a water or wastewater commission established under section 15.2 of the Clean Environment Act, and

(b) a regional service commission established under the Regional Service Delivery Act.

Heritage Conservation Act

9(1) Subparagraph 32(1)(a)(iv) of the Heritage Conservation Act, chapter H-4.05 of the Acts of New Brunswick, 2010, is amended by striking out “to the district planning commission for the relevant planning district” and substituting “to the regional service commission for the relevant region”.

9(2) Subsection 39(2) of the Act is amended by striking out “to the district planning commission for the relevant planning district” and substituting “to the regional service commission for the relevant region”.

9(3) Subparagraph 45(1)(b)(iv) of the Act is amended by striking out “the district planning commission for the relevant planning district” and substituting “the regional service commission for the relevant region”.

Municipal Capital Borrowing Act

10 Section 14 of the Municipal Capital Borrowing Act, chapter M-20 of the Revised Statutes, 1973, is amended

(a) in subsection (3) by striking out “every regional solid waste commission established under section 15.3 of the Clean Environment Act” and substituting “every regional service commission established under the Regional Service Delivery Act”;

(b) subsection (4) is repealed and the following is substituted:

14(4) For the purpose of subsection (3)

(a) the word “municipality”, when used in sections 1, 4, 5, 6, 10 and 12, and

(b) the word “council” when used in section 8,

shall be read to include a regional service commission referred to in subsection (3) and the word “councillor” when used in subsection 11(1) shall be read to include a member of the Board of a regional service commission referred to in subsection (3).

Municipalities Act

11(1) The Municipalities Act, chapter M-22 of the Revised Statutes, 1973, is amended by adding after subsection 14(1.2) the following:

14(1.3) Notwithstanding paragraphs (1)(c), (d), (g), (2)(b), (7)(c), (d) and (h) and subsection 19.2(1), if more than one area is to be annexed to a municipality and those areas constitute a group, the Minister may annex the group to the municipality if

(a) the areas considered as a group are contiguous to each other, and

(b) at least one area of the group is contiguous to the municipality.

14(1.4) For the purpose of this Act and the regulations, an area referred to in subsection (1.3) shall be deemed a contiguous area.

11(2) Section 14.1 of the Act is repealed.

11(3) The Act is amended by adding after section 15 the following:

Dissolution of a town or village

15.1(1) In this section, “ratepayer” means the person in whose name real property is assessed under the Assessment Act.

15.1(2) Despite subsection 14(4.1), if a feasibility report under subsection 14(1) or a study under subsection 14(4) recommends that a town or village becomes a rural community or part of a rural community, the Lieutenant-Governor in Council may, on the recommendation of the Minister and in accordance with this section, dissolve the town or village by regulation.

15.1(3) If a feasibility report under subsection 14(1) or a study under subsection 14(4) recommends that a town or village becomes a rural community or part of a rural community, the Lieutenant-Governor in Council may appoint a person or persons to carry out any of the actions necessary and incidental to the dissolution of the town or village specified in subsection (5).

15.1(4) The person or persons appointed by the Lieutenant-Governor in Council under subsection (3) may be the person or persons appointed as supervisor for the town or village under the Control of Municipalities Act.

15.1(5) The Lieutenant-Governor in Council, when dissolving a town or village by regulation on the recommendation of the Minister, may

(a) declare that the town or village dissolved become a rural community or part of a rural community in accordance with section 190.072,

(b) provide for such disposition and adjustment of the assets and liabilities and such discharge of the obligations of the town or village dissolved as the Lieutenant-Governor in Council deems equitable,

(c) provide for such adjustment of the rights, claims, liabilities and obligations of the ratepayers of the town or village dissolved as the Lieutenant-Governor in Council deems equitable,

(d) provide for the extent to and the manner in which the liabilities of the town or village dissolved shall be discharged by the imposition of rates of tax upon the real property in the town or village dissolved and impose rates of tax for the discharge of such liabilities of the town or village dissolved,

(e) provide for the continuance or discontinuance of the by-laws of the town or village dissolved,

(f) provide for the continuance or discontinuance of services,

(g) provide for any claims or actions by or against the town or village dissolved,

(h) provide for the vesting in the Crown in right of the Province of property of the town or village dissolved,

(i) provide for the giving of notice and the registration of any documents necessary or incidental to any of the matters referred to in this section,

(j) provide for the doing or causing to be done of all such other matters, acts, deeds and things as may be deemed necessary or incidental by the Lieutenant-Governor in Council to the carrying out of the dissolution of the town or village.

15.1(6) In addition to any conditions, procedures or criteria set out in this section, on the recommendation of the Minister, the Lieutenant-Governor in Council may make regulations respecting conditions and procedures that shall be complied with and criteria that shall be considered before a town or village may become a rural community or part of a rural community.

11(4) Section 24 of the Act is amended by adding after subsection (6) the following:

24(6.1) Notwithstanding paragraph (5)(a), subparagraph (b)(i) or paragraph (c), if more than one area is to be annexed to a local service district and those areas constitute a group, the Minister may annex the group to the local service district if

(a) the areas considered as a group are contiguous to each other, and

(b) at least one area of the group is contiguous to the local service district.

24(6.2) For the purpose of this Act and the regulations, an area referred to in subsection (6.1) shall be deemed an area contiguous to a local service district.

11(5) Paragraph 25(5)(b) of the Act is amended by striking out “two years” and substituting “four years”.

11(6) Section 27.1 of the Act is amended

(a) in subsection (1) by striking out “a regional solid waste commission established under section 15.3 of the Clean Environment Act” and substituting “a regional service commission established under the Regional Service Delivery Act”;

(b) in subsection (2) by striking out “the regional solid waste commission established under section 15.3 of the Clean Environment Act” and substituting “the regional service commission established under the Regional Service Delivery Act”.

11(7) Subsection 27.2(1) of the Act is amended by striking out “if the local service district or the area is in a planning district established under section 5 of the Community Planning Act”.

11(8) The Act is amended by adding after section 27.2 the following:

Services provided by or through a regional service commission

27.201(1) Without limiting sections 27.1 and 27.2, and notwithstanding that a local service district or any area within a local service district has not been established in accordance with this Act for the provision of a particular service, the Minister may, without following the procedure set out in section 25, provide that service in the local service district or the area if the local service district or the area is being provided that service by or through a regional service commission established under the Regional Service Delivery Act.

27.201(2) The Minister shall raise the money required for the provision of a service by or through a regional service commission established under the Regional Service Delivery Act in a local service district in accordance with section 27.

11(9) Subsection 87(5) of the Act is amended in the portion preceding paragraph (a) by striking out “five” and substituting “ten”.

11(10) Section 90.1 of the Act is amended in the definition “local board”

(a) in paragraph (b) by striking out the comma at the end of the paragraph and adding a comma followed by “and”;

(b) by repealing paragraph (c);

11(11) Paragraph 190.071(1)(e) of the Act is amended by striking out “villages” and substituting “towns or villages”.

11(12) Section 190.072 of the Act is repealed and the following is substituted:

190.072(1) If an area complies with the regulations under subsection 190.071(1), on the recommendation of the Minister, the Lieutenant-Governor in Council may by regulation

(a) incorporate the inhabitants of the area as a rural community,

(b) amalgamate two or more rural communities,

(d) amalgamate two or more rural communities and annex contiguous areas to the new rural community,

(e) amalgamate one or more rural communities with one or more towns or villages and annex contiguous areas to the new rural community, or

(f) decrease the territorial limits of a rural community.

190.072(2) Despite paragraphs (1)(c), (d) and (e) and paragraphs 190.071(1)(c), (d) and (e), if more than one area is to be annexed to a rural community and those areas constitute a group, the Minister may annex the group to the rural community if

(a) the areas considered as a group are contiguous to each other, and

(b) at least one area of the group is contiguous to the rural community.

190.072(3) For the purpose of this Act and the regulations, an area referred to in subsection (2) shall be deemed a contiguous area.

11(13) Section 190.073 of the Act is amended

(a) by repealing subsection (1)(g) and substituting the following:

(g) prescribe land use planning as a service or any other service as a service that shall be provided in the rural community by the rural community,

(b) in subsection (4) by striking out “regional solid waste commission established under section 15.3 of the Clean Environment Act” and substituting “regional service commission established under the Regional Service Delivery Act”;

(c) in subsection (5) by striking out “regional solid waste commission established under section 15.3 of the Clean Environment Act” and substituting “regional service commission established under the Regional Service Delivery Act”.

(d) by adding the following after subsection (5):

190.073(5.01) Without limiting subsection (4), if a rural community has not enacted a by-law under subsection 190.079(1) authorizing it to provide a particular service, and notwithstanding that the rural community or any area within the rural community has not been established in accordance with this Act for the provision of the service by the Minister, the Minister may, in accordance with regulations made under section 191 and without following the procedure set out in a regulation made under paragraph 190.09(1)(s), provide the service in the rural community or in any area within the rural community if the rural community or the area is being provided that service by or through a regional service commission established under the Regional Service Delivery Act.

190.073(5.02) The Minister shall raise the money required for the provision of a service by or through the regional service commission established under the Regional Service Delivery Act in a rural community in accordance with section 190.082.

11(14) Subsection 190.081(10) of the Act is amended in the portion preceding paragraph (a) by striking out “five” and substituting “ten”.

11(15) Subsection 190.086(4) of the Act is amended by striking out “one or more villages” and substituting “one or more towns or villages”.

11(16) The First Schedule of the Act is amended by adding after paragraph (r) the following:

(r.1) any service provided by or through a regional service commission;

Regulations under the Municipalities Act

12(1) Subsection 6(1) of New Brunswick Regulation 2002-59 under the Municipalities Act is amended by striking out “the Westmorland-Albert, Kings, Kent and Fundy Regional Solid Waste Commissions” and substituting “Regional Service Commission 6, Regional Service Commission 7, Regional Service Commission 8 and Regional Service Commission 9”.

12(2) Subsection 7(2) of the Regulation is amended by striking out “the Westmorland-Albert, Kings and Kent Regional Solid Waste Commissions” and substituting “Regional Service Commission 6, Regional Service Commission 7 and Regional Service Commission 8”.

12(3) Subsection 8(1) of the Regulation is amended by striking out “Fundy Regional Solid Waste Commission” and substituting “Regional Service Commission 9”.

12(4) Schedule A of New Brunswick Regulation 2005-97 under the Municipalities Act is amended by adding the following in alphabetical order:

Any service provided by or through a regional service commission

New Brunswick Building Code Act

13 Section 1 of the New Brunswick Building Code Act, chapter N-3.5 of the Acts of New Brunswick, 2009, is amended

(a) by repealing the definition “building inspector” and substituting the following:

“building inspector” means (inspecteur des constructions)

(a) a person who has the primary responsibility to the commission for the enforcement of municipal by-laws or other provincial laws with respect to building and construction within the region, and

(b) a person appointed under subsection 74(3) or 190.077(3) of the Municipalities Act.

(b) by repealing the definition “commission” and substituting the following:

“commission ”means a regional service commission established under the Regional Service Delivery Act. (commission)

New Brunswick Municipal Finance Corporation Act

14(1) Section 1 of the New Brunswick Municipal Finance Corporation Act, chapter N-6.2 of the Acts of New Brunswick, 1982, is amended by repealing the definition “municipality” and substituting the following:

“municipality” means a city, town or village and includes (municipalité)

(a) a water or wastewater commission constituted or continued under section 15.2 of the Clean Environment Act,

(b) a regional service commission established under the Regional Service Delivery Act, and

14(2) Subsection 14(3) of the Act is repealed and the following is substituted:

14(3) Where a regional service commission established under the Regional Service Delivery Act defaults in any payment required to be made to the Corporation and the Corporation has requested payment under subsection (2), the Minister of Environment and Local Government shall pay such amounts as are in default and shall, notwithstanding subsection (2),

(a) recover from the participating municipalities the portions of the payment for which the municipalities are responsible in accordance with the Regional Service Delivery Act, and

(b) raise, in accordance with section 27 of the Municipalities Act, the money required for the portions of the payment for which the participating unincorporated areas are responsible in accordance with the Regional Service Delivery Act.

Official Languages Act

15(1) The heading “Planning Commissions and Solid Waste Commissions” preceding section 39 of the Official Languages Act, chapter O-0.5 of the Acts of New Brunswick, 2002, is repealed and the following is substituted:

Regional Service Commissions

15(2) Section 39 of the Act is amended by striking out “A Planning Commission or a Solid Waste Commission” and substituting “A regional service commission”.

15(3) Section 40 of the Act is repealed and the following is substituted:

40 Where the geographical area of a regional service commission includes a municipality or a city to which subsection 35(1) or (2) applies, the regional service commission is subject to the obligations imposed by section 41 irrespective of the percentage required under section 39.

15(4) Section 41 of the Act is repealed and the following is substituted:

41 A regional service commission to which section 39 or 40 apply shall offer the services and communications prescribed by regulation in both official languages.

Regulation under the Official Languages Act

16(1) The heading “Planning Commissions and Solid Waste Commissions” preceding section 4 of New Brunswick Regulation 2002-63 under the Official Languages Act is repealed and the following is substituted:

Regional service commissions

16(2) Subsection 4(2) of the Regulation is amended by striking out “a Planning Commission or Solid Waste Commission” and substituting “a regional service commission”.

16(3) Schedule B of the Regulation is amended

(a) by repealing the heading “PLANNING COMMISSIONS AND SOLID WASTE COMMISSIONS - SERVICES AND COMMUNICATIONS” preceding section 1 and substituting the following:

REGIONAL SERVICE COMMISSIONS - SERVICES AND COMMUNICATIONS

(b) by repealing section 2;

3 Minutes and agenda of regular and special meetings of a regional service commission

January 1, 2013

Regulation under the Public Purchasing Act

17(1) Subsection 8(8) of New Brunswick Regulation 94-157 under the Public Purchasing Act is amended by striking out “regional solid waste commission” and substituting “regional service commission”.

17(2) Subsection 9(5) of the Regulation is amended by striking out “regional solid waste commission” and substituting “regional service commission”.

17(3) Subsection 10(4) of the Regulation is amended by striking out “regional solid waste commission” and substituting “regional service commission”.

17(4) Section 28 of the Regulation is amended by striking out “regional solid waste commissions” and substituting “regional service commissions”.

17(5) Schedule B of the Regulation is amended

(a) by striking out

Regional solid waste commissions established under the Clean Environment Act

(b) by adding the following in alphabetical order:

Regional service commissions established under the Regional Service Delivery Act

Regulation under the Real Property Transfer Tax Act

18 Paragraph 3(b) of New Brunswick Regulation 83-106 under the Real Property Transfer Tax Act is repealed and the following is substituted:

(b) a deed by which real property is transferred to a water or wastewater commission established or continued under section 15.2 of the Clean Environment Act, or a deed by which real property is transferred to a regional service commission established under the Regional Service Delivery Act;

Right to Information and Protection of Privacy Act

19 Section 1 of the Right to Information and Protection of Privacy Act, chapter R-10.6 of the Acts of New Brunswick, 2009, is amended in the definition “local government body” by adding the following after paragraph (c):

(c.1) a regional service commission established under the Regional Service Delivery Act,

Commencement

20(1) Subject to subsection (2), this Act comes into force on January 1, 2013.

20(2) Section 19 of this Act come into force on April 1, 2013.