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))