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Establishment of an LSB

Prior to moving forward with the process of forming an LSB, inhabitants are encouraged to contact the ministry staff for guidance on steps to take.

Steps to establish an LSB

1. Although not a requirement of the NSBA, it is recommended that prior to calling a meeting to vote on the establishment of a LSB, sufficient information meetings be held to allow proposed inhabitants within the proposed area, to review the proposal to form the LSB including:

the proposed boundaries
the suggested power(s)
the financial and other implications
the LSB establishment process

Information meetings will enable proposed inhabitants to make informed decisions when the time comes to vote on establishing a local service board.

Ministry staff are able to assist in this process, including providing contacts to other government ministries responsible for regulating elements of the establishing a LSB and associated power(s).

2. Any 10 proposed inhabitants desiring the establishment of a LSB (the establishment committee) may in writing authorize and name 1 of participating inhabitants to call a meeting with the of proposed inhabitants of a specific geographic area to consider the desirability of establishing a LSB (the establishment meeting) (NSBA, subsection 3(2)).

The establishment committee will be required to provide documented proof that the 10 proposed inhabitants meet the definition of inhabitants as per the NSBA, subsection 3(1), being either a permanent resident of or a property owner in a proposed board area, who is a Canadian citizen and who has attained the full age of 18 years.

Such documented proof will consist of a listing of the 10 proposed inhabitants; an attestation by each of their eligibility as proposed inhabitants under the NSBA; and such other documented proof as may be required by the ministry.

3. The person named to call the establishment meeting must do so within 10 days of being authorized; otherwise, any person who signed the authorization may call a meeting (NSBA, subsection 3(3)).

4. The notice of the establishment meeting must be posted at least 14 days before the date of the establishment meeting, should be dated and signed by the person calling the meeting, and must:

include a description or drawing of the proposed boundary of the LSB
include the date, time, place, and purpose of the establishment meeting (including that a vote will be held)
should include a listing of what will be required to prove eligibility to vote, such as proof of residency or property ownership, age, and Canadian citizenship
be posted in at least one location visible to the public in the proposed board area
if available, publish the notice in a local publication available in the physical form and having general circulation in the proposed board area or by electronic means or in an electronic format
be forwarded to the minister with a copy sent to the ministry staff (NSBA, subsection 3(4)(a)-(d))

Items to consider when setting the date and location for a meeting.

If there are cottagers in the area, is the meeting date at a time when it would be convenient for them to attend?
Are there possible conflicts or overlaps in jurisdiction with other organizations (such as municipalities or other statutory boards)? If any such organizations have any concerns with the establishment of an LSB in the proposed board area, suggest providing such information to the ministry.
If any opposition to the establishment of an LSB is vocalized, this opposition should be disclosed to the ministry.
If the area is remote or large, consider posting the meeting notices in more locations than the required location to ensure every effort is made to advise proposed inhabitants within the proposed area.
Is the chosen location large enough to handle the anticipated number of proposed inhabitants that would attend?
Where the LSB will cover a significant geographic area that would require travel time by proposed inhabitants to attend the establishment meeting, it is recommended that the establishment committee consider more than 1 location for the meeting and voting as well as allowing sufficient time for inhabitants to attend and to cast a ballot.
Is there sufficient parking for inhabitants driving to the establishment meeting location(s)?
Has there been information sessions held prior to the vote to provide information relating to proposed area, powers being sought, and estimated costs?

5. The person named to call the establishment meeting presides as chair of the meeting unless that person declines or is absent, then the proposed inhabitants from the proposed area present at the meeting will elect 1 of their number to act as chair (NSBA, subsection 3(5)).

6. The chair of the establishment meeting appoints a recording secretary from among the inhabitants present at the meeting. The recording secretary records the proceedings of the meeting (NSBA, subsection 3(6)).

7. Any recommendation or matters determined at the meeting are arrived at by a vote of the majority of the inhabitants present and voting at the meeting. Proxy voting is not permitted. The chair of the establishment meeting decides how the voting will be conducted (NSBA, subsection 3(7)).

Items to consider when determining the method of voting.

What supporting documentation will be required to prove eligibility to vote?
- Examples include but are not limited to: proof of residency within the proposed area, proof of property ownership within the proposed board area, proof of age and Canadian citizenship.
How will voters be registered? (an example may be a sign in sheet). Read the section on Voting for details.
How will voting be conducted? (examples include without limitation: show of hands or secret ballot)
Is the question being asked worded in a fashion that is clear and understandable? (an example of a clearly worded question: “Are you in favour of the establishment of a local services board to be known as XXXXX and to consist of XX number of board members in the following geographic area XXXXX which will have the powers of XX and XX? Yes or No”)
Voting is by secret ballot: are voting stations set up so as to ensure privacy? Who will count the votes and who will observe the vote counters?
Establish a procedure to destroy the ballots after the vote (such as motion made by chair at end of announcement of vote results).

Eligibility to vote

In order to vote, an individual must be able to prove they qualify as a proposed inhabitant.

Where a proposed inhabitant’s eligibility to vote is challenged by any other individual, it is the responsibility of the establishment committee to determine the eligibility of the proposed inhabitant to vote.

Where eligibility is challenged, the chair of the establishment committee must require the individual being challenged to make a declaration, in English or French that they are an inhabitant as defined in the NSBA to the chair. Once the declaration has been made the individual is able to vote. (NSBA, section 20).

8. Once the voting has been completed, where the vote results are in favour of the proposal to establish an LSB, a recommendation is made by the establishment committee to the minister and copies the local ministry staff. The recommendation to the minister must include the following:

the desirability of establishing an LSB
the boundaries of the board area
the name of the board
whether the number of board members should be 3 or 5
the powers chosen
any other matters as the proposed inhabitants consider appropriate (NSBA, subsection 3(8)) (together, the Recommendation)

The boundaries of the proposed LSB included in the recommendation cannot include an area greater than the area that was described in the notice calling the establishment meeting (NSBA, subsection 3(9)).

9. The recording secretary is responsible for posting the record of the meeting in at least one location visible to the public in the proposed board area; and if available, publish the record of proceedings in a local publication available in physical form and having a general circulation in the proposed board area or by electronic means or in an electronic format; and sending a copy of the record of proceedings, including the recommendation to the minister (NSBA, subsection 3(6)). A copy will also be sent to the local ministry staff with the ministry.

10. Prior to the minister making a decision respecting the establishment of a local services board, the ministry will undertake a due diligence process that may include without limitation the following:

Consultation with other ministries on the establishment of the LSB including the proposed powers and boundaries, will take place to determine:
- if there would be any opposition to the establishment of the LSB
- what statutes or regulations or pieces of legislation would impact the proposed LSB (any information obtained in this regard that would be of benefit to the proposed LSB would then be conveyed to the establishment committee)
A request by the ministry to the Office of the Surveyor General of Ontario to provide a legal description of the proposed boundaries and a final map.
A review of the process undertaken by the proposed inhabitants to ensure transparency and compliance with the requirements of the NSBA. Elements reviewed include without limitation the information provided to proposed inhabitants, posting of notices and process to conduct meetings.

11. Once the due diligence process is complete, a recommendation is made to the minister who will then make a final decision on the establishment of the LSB. Should the minister choose to proceed with the establishment of an LSB, the minister will make an order:

establishing an LSB by order under the name of the local services board of XXXX
establishing the boundaries of the board area
establishing the number of board members
establishing the term of office of the first board
designating the powers of the board from those listed in the schedule of the NSBA
providing for all matters necessary to conduct the election of the first board members including where the minister deems appropriate, the method and timing of the first election of a board
providing for any other matters the minister considers appropriate (NSBA, subsection 4(1))

Dissolution of a LSB

A board may be dissolved in 1 of 3 ways:

At the request of the board, which request must be put to a vote of the inhabitants in accordance with the NSBA (NSBA, subsection 32(1)).
At the request of 10 inhabitants, which request must be put to a vote of the inhabitants in accordance with the NSBA (NSBA, subsection 32(1)).
By order of the minister (NSBA, section 30).

Note: prior to moving forward with the process to dissolve the LSB, the board or inhabitants (dependant on who is making the request) are required to contact the local ministry staff with the ministry for guidance on steps to take.

Steps to dissolve an LSB where the request is from the board

1. The notice of the dissolution meeting must be posted at least 1 week before the date of the dissolution meeting, and must:

include the date, time, place, and purpose of the dissolution meeting (including that a vote will be held)
include what will be required to prove eligibility to vote under the Act, proof of permanent residency or property ownership, age, and Canadian citizenship
contain the signature of the secretary or the chair or member of the board
be posted in at least 1 location visible to the public in the board area and, if available, published by electronic means or in an electronic format
outline the dissolution proposal (NSBA, sections 17 and 32)

The notice must be forwarded to the minister. A copy is to be send to the local ministry staff with the ministry.

Items to consider when setting the date and location for a meeting.

If there are cottagers in the area, is the meeting date at a time when it would be convenient for them to attend?
If any opposition to the dissolution of an LSB is vocalized, this opposition should be disclosed to the ministry.
If the area is remote or large, consider posting the meeting notices in more locations to ensure every effort is made to advise inhabitants.
Is the chosen location large enough to handle the anticipated number of inhabitants that would attend?
Where the LSB covers a significant geographic area that would require travel time by inhabitants to attend the dissolution meeting, it is recommended that the board or dissolution committee consider more than 1 location for the meeting and voting as well as allowing sufficient time for inhabitants to attend and to cast a ballot.
Is there sufficient parking for inhabitants driving to the meeting location?

2. The chair of the board will be the chair of the dissolution meeting (NSBA, section 9). If the chair is absent, then another board member will appoint a chair. The LSB secretary will act as secretary at the dissolution meeting.

3. A dissolution proposal must be approved by a vote of the majority of the inhabitants present and voting at the dissolution meeting. Proxy voting is not permitted (NSBA, subsection 32(2)).

The chair of the dissolution meeting decides how the voting will be conducted.

Items to consider when determining the method of voting.

What supporting documentation will be required to prove eligibility to vote? (such as proof of residency within the proposed area, proof of property ownership within the proposed board area, proof of age and Canadian citizenship)
How will voters be registered (an example may be a sign-in sheet)
How will voting be conducted? (examples include without limitation; show of hands or secret ballot)
Is the question being asked worded in a fashion that is clear and understandable? (an example of a clearly worded question is “Are you in favour of the dissolution of Local services board XXXXX? Yes or No”)
If voting is by secret ballot are voting stations set up so as to ensure privacy?
Who will count the votes and who will observe the vote counters?
Where the geographic size of the LSB is large, consideration should be given to holding vote meetings in more than 1 location in order to facilitate inhabitants being able to attend and also enough time allotted for the voting process.

Eligibility to vote

In order to vote, an individual must be able to prove they qualify as an inhabitant.
Where an inhabitant’s eligibility to vote is challenged by any other individual, it is the responsibility of the board chair or chair of the dissolution committee, to determine the eligibility of the inhabitant to vote or be elected as a member of the board.
Where that eligibility is challenged, the chair of the meeting must require the individual being challenged to make a declaration in English or French before the chair. Once the declaration has been made then the individual is able to vote. (NSBA, section 20).

If the majority of inhabitants present at the dissolution meeting approve a dissolution proposal, the secretary or recording secretary must send to the minister a copy of the dissolution proposal together with a statement of the vote for and against the dissolution proposal (NSBA, subsection 32(2)).

4. The secretary is responsible for posting the record of the meeting in at least one location visible to the public in the board area and, if available, by electronic means or in an electronic format (NSBA, subsection 14(4)(c)).

5. Prior to the minister making a decision respecting the dissolution of a local services board, the ministry will undertake a due diligence process that may include without limitation the following:

Consultation with other ministries on the dissolution of the LSB including any impacts that may exist as the result of loss of services to the board area.
A review of a complete list of assets and potential liabilities of the board that may exist at the time of dissolution.
A review of the process undertaken by the inhabitants to ensure transparency and compliance with the requirements of the NSBA. Elements reviewed include without limitation the information provided to affected inhabitants, posting of notices and process to conduct meetings.

6. Once the due diligence process is complete, a recommendation is made by the ministry to the minister who will then make a final decision on the dissolution of the LSB and the board area. Should the minister choose to proceed with the dissolution of an LSB, the minister makes an order:

dissolving the board and the board area (NSBA, subsection 32(2))
making such provisions with respect to the transfer of liabilities and assets of the board as the minister considers appropriate (NSBA, subsection 32(3))

Steps to dissolve an LSB where the request is from 10 inhabitants

1. The 10 inhabitants will form a dissolution committee. The dissolution committee is to follow a process similar to that of establishing an LSB. The dissolution committee may in writing authorize and name 1 of their number to call a meeting of inhabitants to consider the desirability of dissolving the local services board (the Dissolution meeting)

Where the dissolution is led by a dissolution committee, the person named to call the dissolution meeting presides as chair unless that person declines or is absent, then the inhabitants present at the meeting will elect 1 of their number to act as chair. The chair of the dissolution meeting may appoint the existing LSB secretary or a recording secretary from among the inhabitants present at the meeting. The recording secretary records the proceedings of the meeting.

The dissolution committee will be required to provide documented proof that the 10 inhabitants meet the definition of inhabitants as per the NSBA, section 1, being either permanent resident of or an owner of property in the board area, who is a Canadian citizen and who has attained the full age of 18 years.

Such documented proof will consist of a listing of the 10 inhabitants; an attestation by each of their eligibility as inhabitants under the NSBA; and such other documented proof as may be required by the ministry.

2. The person named to call the dissolution meeting must do so within 10 days of being authorized; otherwise, any person who signed the authorization may call a meeting.

3. Refer to the process set out above under the heading Steps to dissolve an LSB where the request is from the board step 4-6.

Dissolution by the minister

Before any recommendation is made to the minister to dissolve a board, ministry staff will work with the existing board to gather all the relevant facts and information relating to the proposed dissolution. This may include requesting that the board hold public meetings to discuss the proposed dissolution with the inhabitants.

If the minister determines that a board is:

mis-using its funds
is not administering its affairs in a proper and straightforward manner
cannot or is unlikely to be able to meet its obligations as they fall due

then the minister may by order:

dissolve the board and call a new election
dissolve the board and assume the powers of the board
dissolve the board and the board area (NSBA, section 30)

If the minister chooses to dissolve the board and the board area, then NSBA, subsection 32(3) will apply to that order.

Altering LSB boundaries

1. Prior to moving forward with the process of changing the boundaries of a LSB, the board is encouraged to contact ministry staff for guidance on steps to take.

2. Although not a requirement of the NSBA, it is recommended that prior to calling a meeting to vote to alter the boundaries of an LSB, sufficient information meetings be held to allow inhabitants in both the existing board area and, where the board area is proposed to be enlarged, the proposed board area (the Proposed board area) to review the proposal to alter the boundaries of the LSB, the existing boundaries, the powers and the financial implications. Information meetings will enable inhabitants and proposed inhabitants to make informed decisions when the time comes to vote on the issue.

The person named to call the meeting to consider the desirability of altering the boundaries of a LSB, must do so within 10 days of being authorized, otherwise any person who signed the authorization may call a meeting.

3. Where the board considers it desirable that the boundaries of the board area be altered, the board must put a proposal to alter the boundaries of the board area (the Boundary proposal) to a vote of the inhabitants of the board area as well as the proposed inhabitants of the proposed Board area (NSBA, section 31).

4. The notice of the meeting must be posted at least 1 week before the date of the meeting, and must:

include the date, time, place, and purpose of the meeting (including that a vote will be held, and a description of the boundary proposal, which description shall include a description or drawing of the proposed board area) (NSBA, sections 17 and 31)
contain the signature of the secretary (NSBA, section 17)
be posted in at least one location visible to the public in the board area and, if available, by electronic means or in an electronic format (NSBA, section 17)
where the board area is proposed to be enlarged, be posted within the proposed board area (NSBA, section 31)
be posted in both French and English (as the board deems necessary)
be forwarded to the minister

A separate vote must be held for inhabitants of the proposed expansion area (NSBA, section 31(2).

Items to consider when setting the date and location for a meeting.

If there are cottagers in the area, is the meeting date at a time when it would be convenient for them to attend?
If the area is remote or large, would it be a good idea to post the meeting notices in more locations to ensure every effort is made to advise inhabitants?
Is the chosen location large enough to handle the anticipated number of inhabitants that would attend?
Is there sufficient parking for inhabitants driving to the meeting location?
Has the LSB conducted information sessions, or disseminated information out to inhabitants prior to the vote?

5. Where an area is proposed to be added to the board area, the secretary will record separately the vote of the proposed inhabitants within the proposed board area that is proposed to be added (NSBA, subsection 31(3)).

Where an area is proposed to be removed from the board area, the secretary will record separately the vote of the inhabitants within the board area that is proposed to be removed (NSBA, subsection 31(3)).

6. Any recommendation or matters determined at the meeting are arrived at by a vote of the majority of the inhabitants present and voting at the meeting. Proxy voting is not permitted (NSBA, subsection 31(4)). The chair decides on how the voting will be conducted.

Items that can be considered when determining the method of voting.

What supporting documentation will be required to prove eligibility to vote? (such as proof of residency within the proposed area, proof of property ownership within the proposed area, proof of age and Canadian citizenship)?
How will voters be registered (for example: sign in sheet)?
How will voting be conducted? (show of hands, secret ballot)
Is the question being asked worded in a fashion that is clear and understandable? (for example: are you in favour of altering the boundaries of the local services board of XXXXX to consist of the following geographic area XXXXX which has the powers of XX, XX. Yes or No)
If voting is by secret ballot are voting stations set up so as to ensure privacy?
Who will count the votes and who will observe the vote counters?
Where the geographic size of the LSB is large, consideration should be given to holding vote meetings in more than 1 location in order to facilitate inhabitants being able to attend and also enough time allotted for the voting process.

Eligibility to vote:

In order to vote, an individual must be able to prove they qualify as an inhabitant.
Where an inhabitant’s eligibility to vote is challenged by any other individual, it is the responsibility of the board to determine the eligibility of the inhabitant to vote.
Where that eligibility is challenged, the chair of the meeting must require the individual being challenged to make a declaration in English or French before the chair. Once the declaration is made, the individual is able to vote. (NSBA, section 20).

7. The secretary is responsible for posting the record of the meeting in at least one location visible to the public in the board area and, if available, by electronic means or in an electronic format (NSBA, subsection 14(4) (c)).

8. Recommendations

Where the vote results are in favour of the proposal to alter the boundaries of the LSB then the secretary must forward to the minister the following:

A copy of the proposal as approved at the meeting including:
- the desirability of altering the boundaries of the local services board
- the boundaries of the board area
A statement of the results of the vote showing the vote of the inhabitants for and against the proposal.
A statement of the vote of the inhabitants of the area that is proposed to be added or removed from the board area.

9. Prior to the minister making a final decision on altering the boundaries of a local services board, the ministry will undertake a due diligence process that may include without limitation the following:

Consultation with other ministries on the implications of the LSB altering their boundaries to determine if there would be any opposition or concerns as well as, what regulations or pieces of legislation would impact the LSB.
A request by the ministry to the Office of the Surveyor General of Ontario to provide a legal description of the proposed boundaries and a final map.
A review of the process undertaken by the inhabitants to ensure transparency and compliance with the requirements of the NSBA. Elements reviewed include without limitation the information provided to affected inhabitants, posting of notices and process to conduct meetings.

10. Once the due diligence process is complete, a recommendation is made by the ministry to the minister who will then make a final decision on the proposal to alter the boundaries of the LSB. Should the minister choose to proceed with altering the boundaries of an LSB, the minister may make such order as the minister considers appropriate (NSBA, subsection 31(4)).

Request to vary powers

Steps you need to follow

1. Prior to moving forward with the process requesting to vary powers for a LSB, the board is encouraged to contact ministry staff for guidance on steps to take. Local ministry staff can be located by referring to the ministry website or on the provincial InfoGo website.

2. Although not a requirement of the NSBA it is recommended that prior to calling a meeting to vote to vary the powers of an LSB, sufficient information meetings be held to allow inhabitants to review the proposal to vary the powers of the LSB, the implications of the loss or addition of powers and the financial implications. Information meetings will enable inhabitants to make an informed decision when the time comes to vote on the issue.

3. Where the board considers it desirable that the powers of the board be varied, the board must put a proposal to vary the powers of the board (the Proposal to vary powers) to a vote of the inhabitants of the board area (NSBA, section 31).

4. The notice of the meeting must be posted at least 1 week before the date of the meeting, and must:

include the date, time, place, and purpose of the meeting (including that a vote will be held), and a description of the Proposal to vary powers, which description shall include a description of the requested powers to be either added or deleted (NSBA, section 17)
contain the signature of the secretary (NSBA, section 17)
be posted in at least one location visible to the public in the board area and, if available, published by electronic means or in an electronic format (NSBA, section 17)
Where required or necessary be posted in both English and French (as the board deems necessary)
be forwarded to the minister, and a copy to the local ministry staff

Items to consider when setting the date and location for a meeting.

If there are cottagers in the area, is the meeting date at a time when it would be convenient for them to attend?
If the area is remote or large, would it be a good idea to post the meeting notices in more locations than the required and to use additional means such as radio, newspapers, email lists, to ensure every effort is made to advise inhabitants.
Is the chosen location large enough to handle the anticipated number of inhabitants that would attend?
Is there sufficient parking for inhabitants driving to the meeting location?
The chair would preside at the meeting unless that person declines or is absent then the inhabitants present at the meeting will elect 1 of their number to act as chair.
The secretary records the proceedings of the meeting and is responsible for posting the minutes of the meeting in the board area as well as sending by a copy of the minutes and the recommendations agreed upon, at the meeting to the minister of the ministry. (NSBA, section 3(6) (a-c)).

5. Any recommendation or matters determined at the meeting are arrived at by a vote of the majority of the inhabitants present and voting at the meeting. Proxy voting is not permitted (NSBA, subsection 31(4)).

Items that can be considered when determining the method of voting.

What supporting documentation will be required to prove eligibility to vote? (such as proof of residency within the proposed area, proof of property ownership within the proposed area, proof of age and Canadian citizenship)
How will voters be registered? (for example: sign in sheet)
How will voting be conducted? (show of hands, secret ballot)
Is the question being asked worded in a fashion that is clear and understandable? (such as Are you in favour of varying the powers of the local services board of XXXXX to add or delete the following powers XX, XX resulting in the board having the powers of XX, XX. Yes or No)
If voting is by secret ballot are voting stations set up so as to ensure privacy.
Who will count the votes and who will observe the vote counters?
Where the geographic size of the LSB is large, consideration should be given to holding vote meetings in more than one location in order to facilitate inhabitants being able to attend and also enough time allotted for the voting process.

Eligibility to vote

In order to vote, an individual must be able to prove they qualify as an inhabitant.
Where an inhabitant’s eligibility to vote is challenged by any other individual, it is the responsibility of the board to determine the eligibility of the inhabitant to vote.
Where that eligibility is challenged, the chair of the meeting must require the individual being challenged to make a declaration in English or French before the chair. Once the declaration is made the individual is able to vote. (NSBA, section 20).

7. Recommendations

Where the vote results are in favour of the proposal to vary powers then the secretary must forward to the minister a copy of the proposal as approved at the meeting including:

the desirability of varying the powers of the local services board
a description of the Proposal to vary powers, which description shall include a description of the requested powers to be either added or deleted
a statement of the results of the vote showing the vote of the inhabitants for and against the proposal

8. The secretary is responsible for posting the record of the meeting in at least one location visible to the public in the board area and, if available, published by electronic means or in an electronic format (NSBA, subsection 14(4)(c)).

Consultation with other ministries on the implications of the LSB varying its powers to determine if there would be any opposition or concerns as well as information regarding any applicable legislation.

A review of the process undertaken by the inhabitants to ensure transparency and compliance with the requirements of the NSBA. Elements reviewed include without limitation the information provided to inhabitants, posting of notices and process to conduct meetings.

10. Once the due diligence process is complete, a recommendation is made by the ministry to the minister who will then make a final decision on the Proposal to vary powers. Should the minister choose to proceed with varying the powers of an LSB, the minister may make such order as the minister considers appropriate (NSBA, subsection 31(4)).

Resources

Notice of meeting – example

Declaration of eligibility to vote - example

Updated: April 21, 2023

Published: December 12, 2022