BILL 2
An Act to Amend the Greater Saint John Regional Facilities Commission Act
Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:
1 Section 1 of the Greater Saint John Regional Facilities Commission Act, chapter 101 of the Revised Statutes, 2016, is amended
aby repealing the following definitions:
“municipal tax base”;
“participating municipality”;
“total municipal contribution”.
bby repealing the definition “net operating costs” and substituting the following:
“net operating costs” means operating expenses, excluding depreciation, minus operating revenues and includes debt principle, interest charges and amounts approved by the Commission as capital expenditures. (coûts nets d’exploitation)
cby repealing paragraph (c) of the definition “regional facility” and substituting the following:
cthe facility under the control and management of the Harbour Station Commission called the TD Station, formerly known as the Harbour Station,
dby repealing the definition “total tax base” and substituting the following:
“total tax base” means the amount that represents the combined tax base of all participating local governments and all participating local service districts. (assiette fiscale totale)
eby adding the following definitions in alphabetical order:
“capital expenditures” means capital expenditures with respect to a regional facility, except the regional facility called the Imperial Theatre, that meet the generally accepted accounting principles (GAAP) in Canada for capital expenditures. (dépenses en capital)
“local government” means a local government as defined in the Local Governance Act. (gouvernement local)
“local government tax base” means the local government tax base as defined in the Local Governance Act. (assiette fiscale du gouvernement local)
“local service district” means a local service district as defined in the Local Governance Act. (district de services locaux)
“local service district tax base” means the local service district tax base as defined in the Local Governance Act. (assiette fiscale du district de services locaux)
“participating local government” means Grand Bay-Westfield, Hampton, Quispamsis, Rothesay, The City of Saint John and the Village of St. Martins. (gouvernement local participant)
“participating local service district” means the local service district of Fairfield, the local service district of the parish of Greenwich, the local service district of the parish of Kingston, the local service district of the parish of Musquash, the local service district of the parish of Rothesay, the local service district of the parish of Simonds, the local service district of the parish of Westfield, the local service district of the parish of Saint Martins, the local service district of the parish of Petersville and the local service district of the parish of Hampton. (district de services locaux participant)
“total local government contribution” means the amount determined under paragraph 10(1)(b). (contribution totale des gouvernements locaux)
“total local service district contribution” means the amount determined under paragraph 10(1)(b). (contribution totale des districts de services locaux)
2 Section 2 of the Act is repealed and the following is substituted:
2 There shall be a Greater Saint John Regional Facilities Commission consisting of persons appointed by the councils of participating local governments and a person appointed by the Minister, in accordance with this Act.
3 Section 3 of the Act is repealed and the following is substituted:
3 The purpose of the Commission is to determine
athe annual amount of the total local government contribution and the total local service district contribution to be made towards the operation of regional facilities in accordance with section 10, and
bthe contribution of each participating local government and each participating local service district in accordance with section 11.
4 Section 4 of the Act is repealed and the following is substituted:
4( 1) The council of The City of Saint John shall appoint two members to the Commission, and the councils of Grand Bay‑Westfield, Hampton, Quispamsis, Rothesay and the Village of St. Martins shall each appoint one member to the Commission.
4( 2) The council of each participating local government shall appoint an alternate member to the Commission.
4( 3) No person is eligible to be appointed a member of the Commission under subsection (1) or (2) unless the person is a member of council of the participating local government that appoints that person.
4( 4) The Minister shall appoint one member to the Commission and one alternate member to the Commission to represent all the participating local service districts.
4( 5) No person is eligible to be appointed a member of the Commission referred to in subsection (4) unless the person is a resident of a participating local service district.
4( 6) If for any reason a member of the Commission appointed by a council or the Minister cannot act as a member, the alternate member appointed by the same council or the Minister, as the case may be, shall act in the place of that member.
5 Section 5 of the Act is amended
aby repealing subsection (2) and substituting the following:
5( 2) A member of the Commission shall hold office at the pleasure of the council or the Minister who appointed the member, as the case may be.
bby repealing subsection (3) and substituting the following:
5( 3) When a person ceases to be a member of a council of a participating local government or a resident of a participating local service district, the appointment of that person to the Commission is revoked.
cby repealing subsection (4) and substituting the following:
5( 4) When a member of the Commission dies, resigns, vacates office or is removed from office, the council or the Minister that appointed the member, as the case may be, shall appoint another person to replace that member, and that person shall hold office at pleasure for the remainder of the term of the member replaced.
6 Section 7 of the Act is repealed and the following is substituted:
7 A majority of the members of the Commission, of whom one is a member appointed by the council of The City of Saint John, constitutes a quorum for a meeting of the members of the Commission.
7 The heading “Capital expenditure” preceding section 8 of the Act is repealed.
8 Section 8 of the Act is repealed.
9 Section 9 of the Act is amended
ain subsection (1) of the French version by striking out “doit être” and substituting “est”;
bby repealing subsection (3) and substituting the following:
9( 3) The Commission shall provide a copy of the budget of each regional facility to the council of each participating local government and the Minister on or before September 15 of each year.
10 The heading “Total municipal contribution” preceding section 10 of the Act is repealed and the following is substituted:
Total local government contribution and total local service district contribution
11 Section 10 of the Act is repealed and the following is substituted:
10( 1) No later than October 15 of each year, the Commission shall
adetermine the amount of the net operating costs and capital expenditures or portion of the net operating costs and capital expenditures for each regional facility that is to be included in the calculation of the total local government contribution and the total local service district contribution, and
bdetermine the total local government contribution and the total local service district contribution as the sum of the net operating costs and capital expenditures determined under paragraph (a) of each regional facility.
10( 2) In accordance with section 11, the Commission shall determine the portion of the total local government contribution and the portion of the total local service district contribution that each participating local government and each participating local service district shall pay.
10( 3) No later than October 15 of each year, the Commission shall notify
athe Minister and the council of each participating local government as to the total local government contribution and the contribution of each participating local government, and
bthe Minister as to the total local service district contribution and the contribution of each participating local service district.
10( 4) If the Commission is unable to act under subsection (1), the Commission shall notify the Minister by October 15.
10( 5) If the Commission has not acted under subsection (1) or (2) or if the Minister has been notified under subsection (4), the Minister may fix the amounts under subsections (1) and (2) and, when the Minister fixes the amounts, the Minister shall notify the Commission and the participating local governments as to the amounts no later than October 31.
10( 6) The determination of the amounts under paragraph (1)(a) shall be by affirmative vote of five members of the Commission, one of whom shall be a member appointed by the council of The City of Saint John.
12 The heading “Contribution by participating municipality” preceding section 11 of the Act is repealed and the following is substituted:
Contribution by participating local government and participating local service district
13 Section 11 of the Act is repealed and the following is substituted:
11 The portion of the total local government contribution and the portion of the total local service district contribution determined by the Commission and to be paid by each participating local government and each participating local service district, as the case may be, shall be
afor all participating local governments, in proportion to the percentage that the local government tax base for the previous year bears to the total tax base for the previous year, and
bfor all participating local service districts, in proportion to the percentage that the local service district tax base for the previous year bears to the total tax base for the previous year.
14 The heading “Obligation of participating municipality” preceding section 12 of the Act is repealed and the following is substituted:
Obligation of participating local government and participating local service district
15 Section 12 of the Act is repealed and the following is substituted:
12 Despite any provision of any other public or private Act or any municipal charter, the contribution of each participating local government or participating local service district determined by the Commission under section 11 shall
abe deemed to be a cost incurred by the participating local government or participating local service district,
bbe included by each participating local government as part of the estimate of the money required for the operation of the participating local government under paragraph 99(2)(a) of the Local Governance Act,
cbe included by the Minister as part of the estimate of the money required for the provision of services of the participating local service district under paragraph 173(1)(a) of the Local Governance Act, and
dbe raised by taxation by the participating local government or by the Minister, as the case may be.
16 Section 13 of the Act is amended
aby repealing subsection (1) and substituting the following:
13( 1) The amount determined by the Commission under section 11 shall be paid to The City of Saint John in quarterly instalments on the first day of the first month of each quarter by Grand Bay-Westfield, Hampton, Quispamsis, Rothesay and the Village of St. Martins or, with respect to the participating local service districts, by the Minister.
bby repealing subsection (2) and substituting the following:
13( 2) If a participating local government is in arrears for a period in excess of 30 days with respect to any payment due under subsection (1), the Minister may make the payment to The City of Saint John and deduct the amount of the payment from any money owing to the participating local government by the Province.
cin subsection (3) of the French version by striking out “doit faire” and substituting “fait”.