All meetings

The NSBA, subsection 10(3) states “All meetings of the board shall be open to the public.” This means that the board cannot hold meetings to conduct board business where the public is not allowed access to the meeting.

Subject to the board complying with the NSBA, the board may establish its own rules and procedures for transacting the business of the board (NSBA, section 11).

The chair presides at all meetings of the board. If there is no chair, or in his or her absence or refusal to act, the board may appoint from its board members an acting chair (NSBA, subsections 9(1) and (2)).

Although there is no provision for the number of meetings a board is required to hold, the board must hold at least the following public meetings:

  • sufficient public meetings to allow for the inhabitants to participate in:
    • a discussion of the current and proposed programs of the board
    • the preparation of the annual estimates of the board
    • a discussion of the annual audit report (NSBA, section 16)
  • meeting to establish an LSB (NSBA, subsection 3(2))
  • election meetings (NSBA, section 19)
  • meetings to vary the powers of the board (NSBA, section 31)
  • meetings to alter the boundaries of the board area (NSBA, section 31)
  • meetings to dissolve the LSB, where a group of 10 inhabitants or the board of the LSB proposes to dissolve the board (NSBA, subsection 32(1))

LSBs are encouraged to develop policies around virtual meetings if there are circumstances that would prevent in-person meetings. Considerations may include the following:

  • Is voting required? If so, how will it be conducted?
  • Nomination process to occur prior to the virtual meeting.
  • Open to all inhabitants and properly notified with sign-in details.
  • How meeting minutes will be shared.

Notice of public meetings other than election meetings and establishment meetings

Specific requirements for notices of public meetings other than election meetings and establishment meetings are set out elsewhere in the NSBA. Please refer to the relevant sections of the NSBA for additional requirements specific to the public meeting that is being called.

General requirements that must be included in all Meeting notices:

  • 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)
  • posted at least 1 week in advance of a public meeting (NSBA, section 17)
  • include:
    • location of the meeting
    • date of the meeting
    • time of the meeting
    • purpose of the meeting
    • the signature of the secretary or the person or persons calling the meeting (NSBA, section 17)

For information on notices of establishment meetings, please refer to the Appendix. For information on notices of election meetings, please read the section on Election meeting for details.

Quorum for all meetings

Quorum is defined as a majority of the board members (NSBA, subsection 10(1)).

Regulation 737 defines board composition for each of the LSBs. For instance, if a board is composed of 5 members, 3 members are considered quorum and if a board is composed of 3 members, 2 board members would be quorum.

In camera (private) meetings

The NSBA provides in section 10(3) that all board meetings are open to the public. However, there is a difference between a meeting open to the public and a public meeting. The public meetings in section 16 are intended to permit the inhabitants to participate in the meeting and in the decisions made as a result.

The board can hold meetings other than the public meetings contemplated in section 16 and these meetings would not require notices as set out in section 17. These meetings must, however, be open to the public. Being open to the public simply means that the meeting cannot be held in camera (private), so persons in the community may attend but the NSBA does not provide the right for these persons to participate in the meeting.

Members of the board can meet to discuss board matters and planning so long as there are no decisions made during these meetings and quorum is not present. As these don’t constitute board meetings, the notice provisions under the NSBA do not apply.

For example: if Bell Canada would like to get feedback on a new contract prior to board execution, it could meet with 2 members (of a 5-member board) to discuss. Those 2 member would report back to the entire board, who would then have a board meeting to make a decision.

By-laws

Unless a vote of inhabitants is conducted, all decisions by the board are done under by-law.

All by-laws should be signed either by the secretary and 1 board member or 2 board members with signing authority (NSBA, subsection 12(2)).

All by-laws of the board shall be under seal (NSBA, subsection 12(1)).

All by-laws passed or repealed by the board shall be referenced in the minutes of the board meeting at which the by-law was approved by the board.

By-laws should be listed 1 to a page, numbered and filed in order, kept separately from any other records.

Where a by-law is changed or repealed, then a notation to that effect should be recorded and a by-law would need to be passed that amends or repeals the original by-law.

It is further defined in NSBA, subsection 10(2) “The concurrent vote of the majority of the whole number of board members is necessary to pass any by-law or approve any measure.” What this means is for any by-law or measure to carry, a majority of all board members must approve it.

For example: where a board has 5 board members, then for a by-law or measure to pass, regardless of the number of board members voting, a minimum of 3 board members must vote in favour of the by-law or measure. If at least 3 board members do not vote in favour, the by-law or measure is defeated. If only 4 of the 5 board members vote on a by-law or measure, then 3 must be in favour; if only 3 of the 5 board members vote, then all 3 must be in favour.

Eligibility to vote

Inhabitants are eligible to vote at the election meeting, where they would vote on candidates for the board positions. Inhabitants have the ability to vote for up to the number of desired board members established under Regulation 737 and are not required to vote for a full slate of candidates for a ballot to be considered valid.

For example: where a board has 5 members, inhabitants can vote for anywhere from 1 up to 5 candidates.

Inhabitants are also eligible (have a right and obligation) to vote at the estimates (Budget meeting) when the LSB uses the levy method to collect funds for provided services.

When the LSB uses the fee method to collect funds, voting by inhabitants on changes to the fees is not required. Although inhabitant input is considered, the board members are authorized to approve the fees. The board may however choose to provide inhabitants with a vote.

In all other situations, although input is taken into consideration, voting on by-laws is restricted to board members only.

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

Any inhabitant is eligible to vote or seek election as a board member (NSBA, subsection 19(6)).

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 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 the individual is able to vote or seek office (NSBA, section 20).

Conflict of interest

The NSBA does not include provisions on conflict of interest.

Boards are encouraged to develop their own conflict of interest policy or procedures.

It is not the ministry’s role to determine whether a conflict-of-interest situation arises.

Issues the board may want to consider in developing their policy or procedures would include a process to ensure quorum is met if board members declare a conflict, a policy on transactions between related parties.

LSBs are encouraged to seek professional advice if conflicts cannot be resolved at the local level.

Minutes of meetings

The secretary is responsible for the recording of minutes of all meetings other than the establishment meeting where the appointed recording secretary is responsible (NSBA, subsection 14(4)(b)).

Minutes are required to 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.

In order to facilitate reference to actions or decisions taken at meetings, minutes should be filed in systematic order. For ease of access to review or copy minutes, it is suggested that they be filed in an electronic filing system, or alternately a printed copy kept in a file system in date order.

File retention

It is recommended that the LSB board establish a file retention policy. Read the section on retention for details.

Voting

Voting by seasonal residents

An inhabitant is a permanent resident of a board area, or an owner of property situated in a board area, who is a Canadian citizen and who has attained the full age of 18 years (NSBA, section 1).

A tenant who is not a permanent resident but rather only occupies a rented property on a seasonal basis would not be considered an inhabitant and therefore not be eligible to vote.

For example maintains a permanent residence outside the board area, but rents a camp, cottage, trailer lot then these are not considered inhabitants.

Where an individual rents a property in the LSB area that is his or her permanent residence, while also spending part of the year away, then that individual(s) would be considered an inhabitant and thus eligible to vote.

Where that eligibility is challenged, the chair of the election meeting must require the individual being challenged to make a declaration in English or French before the chair.

Voting by corporations

A corporation is a separate entity with a separate legal existence from that of its shareholders or owners. If the corporation is the owner of the land and has registered title in its name, then the individual shareholders or owners cannot meet the definition of an owner set out in section 1 of the Northern Services Board Act (the Act). If the individual is not an owner of land within the proposed LSB area then the individual is not an inhabitant under subsection 3(1) of the Act and is not eligible to vote at a meeting held according to section 3 of the Act to establish a LSB. A corporation is not an inhabitant or proposed inhabitant under the definition of inhabitant in the NSBA.

Voting rights of joint owners

A person is considered an inhabitant if the person owns property in a board area.

Owner means a person who is entitled to convey land, who has a defined interest in the land and whose name is specified in an instrument registered in the proper registry office.

Therefore, if the property in question is located in the board area, and the individuals in question meet the definition of owner, they are inhabitants and are eligible to vote.

Election meeting

The election meeting is for the purpose of electing a board for the upcoming LSB fiscal year.

Timing

The board must call an election meeting each year to take place between August 1 and September 30 (NSBA, subsection 19(1)).

If the board has not called an election meeting before September 10, then the secretary is responsible to call the meeting (NSBA, subsection 19(4)).

If both the board and the secretary fail to call the election meeting by September 15, then any 10 inhabitants may call a meeting (NSBA, subsection 19(5)).

Election notice

The secretary is responsible for posting the notice of the election meeting where the meeting is called by the secretary or by the board (NSBA, subsection 19(2)).

The notice must include the:

  • date of the election meeting
  • location of the election meeting
  • time of the election meeting (NSBA, subsection 19(2))

The notice must 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 at least 2 weeks before the election meeting (NSBA, subsection 19(2)).

The secretary must send a copy of the notice to the minister (NSBA, subsection 19(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 than the one location. Read the section on Notice for details.
  • 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?

Voting process

The election meeting can be called by 1 of the following:

  1. the board, the chair of the board acts as chair of the election meeting (NSBA, subsection 19(3))
  2. the secretary, the secretary will act as chair of the election meeting, even if the chair of the board attends the meeting (NSBA, subsection 19(4))
  3. the inhabitants, the inhabitants may appoint 1 of their number to act as chair of the election meeting who will act as chair even if the chair of the board attends the meeting (NSBA, subsection 19(5))

Voting for the election of board members to the board must be done by secret ballot. The board determines all other matters related to all election meetings other than the first election meeting, procedures for which are set out in the regulation establishing the LSB. (NSBA, subsections 19(7) and (8)).

In instances where there is a tie, the LSB can follow its election procedural by-law or other established voting procedure such as Elections Canada or Elections Ontario.

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? (such as sign in sheet).
  • 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?
  • For the election meeting, it is normal practice for ministry staff to attend (as an observer only), but not a requirement?
  • The secretary should advise their ministry staff with significant notice for availability.
  • At the end of the vote, the results should be announced and then a motion is passed to destroy the ballots.

Eligibility

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

Any inhabitant is eligible to be elected as a board member (NSBA, subsection 19(6)).

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 or be elected as a member of the board.

Where that eligibility is challenged, the chair of the election meeting must require the individual being challenged to make a declaration in English or French before the chair. Once the declaration (sample template under Appendices) is made then the individual is able to vote or seek office. (NSBA, section 20).

First meeting of the newly elected board

The new board is required to conduct its first meeting following the election meeting (the First meeting) no later than October 10 (NSBA, section 21).

The board must elect a chair at the first meeting. The chair must be a board member (NSBA, section 21).

The election of the chair is done by the new board and not the public at large (NSBA, section 21).

The board will also appoint a secretary for the upcoming fiscal year.

Although not a requirement of the Act, for expediency, it has been the practice of some LSBs to hold the first meeting immediately following the election meeting, while all of the newly elected members are present in order to elect their chair. This practice enables the board to begin work as a board on October 1 without any delays. Where the board opts to do this, then notice is required to be posted as outlined in NSBA, section 17.

Board member vacancy

Where there is a vacancy on the LSB board, a board must fill that vacancy as soon as possible because Regulation 737 requires that a certain number of members compose a board. There may be instances where filling a vacancy is impossible or impractical. In such cases the best course of action is to work with the board and consult with the ministry staff to find a solution to fill the vacancy.

Budget meeting

The Act requires that the board prepare annual estimates (NSBA, section 23).

The estimates (budget) need to be presented to the inhabitants for discussion at a meeting called for that purpose. (NSBA, section 16).

Notice for budget meeting

Notices for budget meetings must meet all of the following requirements:

  • posted at least 1 week in advance (NSBA, section 17)
  • posted in at least 1 location visible to the public in the board area
  • if available, published by electronic means or in an electronic format (NSBA, section 17)
  • include:
    • location of the meeting
    • date of the meeting
    • time of the meeting
    • purpose of the meeting
    • the signature of the secretary or the person or persons calling the meeting. (NSBA, section 17)

Process for budget meeting

The estimates should forecast the amount needed in the current fiscal year by the board for the operating and capital expenditures. (NSBA, subsection 23(1))

When calculating estimates, any surplus from the previous year available in the current year or deficit from the previous year and debts owed to the Crown in the current year must be taken into consideration. (NSBA, subsection 23(2))

The estimates will set out the amounts to be raised, the manner in which they are raised and the rate or rates which the board proposes to levy inhabitants or the fee to be charged for services. (NSBA, subsection 23(3))

The estimates (budget) need to be adopted before December 1. (NSBA, subsection 23(1))

Refer to the section on Budget processes and Levy and fees for further details on the annual estimates.

TPON

The ministry transitioned the LSB program to the TPON system in 2021. Each year, the LSB secretary should review the LSB TPON account for any required revisions such as banking information, LSB contacts. LSB agreements and annual allocations are uploaded to TPON for processing of transfer payments. If changes to banking information are needed by the LSB, please contact your local ministry staff for the process on this.

If LSBs need assistance with logging in, navigating or updating the organization information, there are a number of resources available at:

Note that any inquiries with TPON supports will require the following information:

  • name of the program you are interested in (local services board program)
  • your case or file number
  • name of your organization (be sure to provide the legal name of the LSB)