Employees

The NSBA does not include a provision enabling an LSB to hire employees, nor does it state that the LSB cannot hire employees.

The NSBA allows the board to exercise its powers and to do all things and make all arrangements necessary to provide, maintain and improve services in the board area. Therefore, the board would only be able to hire employees so long as such hiring is consistent with the exercise of the board’s powers (NSBA, subsection 7(1)).

For both liability and financial reasons, LSBs are encouraged to avoid hiring employees and instead contract for the services they provide consistent with their powers so that the LSB is able to avoid incurring employment related costs including without limitation the following:

Agreements between LSB and OFM

LSB owned or operated

Where a LSB delivers fire protection services directly by setting up its own volunteer fire department, then the LSB would enter into an agreement with the Ontario Fire Marshal’s office (the OFM) under section 3 of the Fire Protection and Prevention Act, 1997, S.O. 1997, c. 4 (the FPPA).

A LSB is not permitted to provide fire protection services beyond the LSBs defined geographic boundary.

The LSB should contact the Fire Marshall’s office to discuss the details of the fire protection services.

Contracted fire services

Where the LSB makes the decision to contract with an independent fire department for fire protection services, then the LSB would not enter into or sign an agreement with the OFM; rather that agreement would be between the OFM and the independent fire department. The LSB would, however, enter into an agreement with the independent fire department for fire protection services, ensuring that the agreement coincides with the LSB fiscal year and does not go beyond the 1-year term.

Automatic and mutual aid agreements

LSBs are not authorized under the NSBA to enter into mutual aid agreements that would require the LSB to provide services beyond its boundaries.

LSBs are not legally authorized to enter into automatic aid agreements, as these are limited to municipalities pursuant to the FPPA and, in any event, would not be authorized under the NSBA to the extent that they would require providing services outside of the LSB boundaries.

First response teams

First response services are provided by volunteer first response teams, which were originally established under the Ministry of Health and Long-Term Care to provide first aid to persons in remote areas pending the arrival of an ambulance service.

The NSBA does not permit the LSB itself, to provide first response itself or to contract for these services. The NSBA only allows for the delivery of fire suppression and fire protection activities and does not provide the LSB with the legal authority for medical or ambulance related services.

Garbage collection

LSBs are permitted to pass a by-law to do the following in respect of garbage collection.

  • Establish and maintain its own system for only the collection and removal of garbage.
    • LSBs are able to operate a transfer station (garbage bin) as long as they are only collecting and not disposing at a landfill site. LSBs cannot themselves own or manage a landfill site or hold a certificate of approval for a landfill site.
  • Contract for the collection, removal, and disposal of garbage.
    • LSBs may enter into contracts with third parties who own or operate landfill sites for the collection, removal, and disposal of waste.
    • Under the NSBA, LSBs do not have the legislative authority to enter into maintenance agreements for waste disposal sites.

Operation of a dock

Operating a dock would be considered to be within the boundaries of the power of recreation.

The LSB must ensure that they have adequate operational funding planned for in their estimates (budget) and also that insurance coverage is adequate to cover the additional risk involved with owning and operating the dock.

Operation of a marina

Under the schedule to the NSBA at paragraph 6, a board with the power of recreation may by by-law do the following:

  • contract for the use of recreation facilities or participation in programs of recreation
  • provide for the carrying out of programs of recreation
  • acquire, establish, construct, operate and maintain recreation facilities

The operation of a marina would fall within the meaning of a recreational facility. In addition to the fees or levies, the LSB could explore fundraising and donation mechanisms for the maintenance.

Zoning by-laws

LSBs do not have the authority under the NSBA to create or to enforce zoning by-laws.

Cemetery

LSBs are not authorized to provide cemetery services or to purchase or manage a cemetery.

For inquiries on cemeteries in the unincorporated areas of Ontario, individuals should contact the Ministry of Heritage, Sport, Tourism and Culture Industries.

Emergency measures (disaster relief program)

LSBs are not able to apply for emergency funding under the Municipal Disaster Recovery Assistance Program. Further, there is no general power to do what is necessary in the event of an emergency.

Ontario may activate a program which would allow individual property owners to access the Disaster Recovery Assistance Program if there’s a sudden, unexpected natural event, such as a flood or tornado that causes costly and widespread damage in the area.

LSBs do not have the authority to declare a state of emergency.

Emergency Management Ontario works to coordinate with other organizations to prepare for emergencies and respond when they occur.

Websites

LSBs are able to develop their own websites if they wish to do so. There is nothing in the NSBA restricting this however, requirements stated in the NSBA still have to be met. Website content should be directly related to the LSBs approved powers and only these costs would be considered eligible under the LSB administration. Visit the Business Development Bank of Canada’s website creation page for many tools available that are free or very low cost.

Contact list of LSBs in Northern Ontario

The ministry can provide a list of LSBs and contact information upon request. The ministry maintains a list of contacts for each LSBs secretary and chair and is shared upon request.

LSBs are encouraged to have contact information easily available on their website or other social media platforms