A board may be dissolved in 1 of 3 ways:

  1. 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)).
  2. 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)).
  3. 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 steps 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:

  1. dissolve the board and call a new election
  2. dissolve the board and assume the powers of the board
  3. 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.