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:

  • Canada Pension Plan (CPP)
  • Employment Insurance (EI)
  • Employer Health Tax

Agreements between LSB and OFM

LSB owned or operated

LSB owned and operated:

  • Where an 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”).
  • It will be important the LSB ensures inhabitants within the LSB are not charged costs for fire protection services that are performed outside of its boundaries.
  • 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 should, however, enter into an agreement with the independent fire department for fire protection services.

Automatic and mutual aid agreements

If the power to provide fire protection services is designated in the order of the minister, an LSB is authorized under the NSBA to provide fire protection services outside the board area.

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.

An LSB is encouraged to seek legal advice to determine whether agreements related to the provision of first response services fall within the definition of “fire protection services” as defined in the NSBA. It is the LSB’s responsibility to ensure that it has proper insurance coverage.

Garbage collection

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

  1. establish and maintain a system for the collection or removal, or any combination of them, of compost, garbage or recycling, or any combination of them.

    • 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.

    OR,

  2. contract for the collection, removal, or disposal or any combination of them, of compost, garbage or recycling, or any combination of them.
    • 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 agreements for operating 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; or

acquire, establish, construct, operate and maintain recreation facilities, and may charge fees in respect of the programs of recreation or the 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, LSBs should contact the Bereavement Authority of Ontario for any matters that are operational in nature such as licensing, care and maintenance, etc. Matters relating to closures should contact the Ministry of Public and Business Service Delivery and Procurement - Burials Unit. Refer to the Ontario government website for contact information.

Emergency measures (disaster relief program)

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

Emergency Management Ontario (EMO) works to coordinate with various organizations to prepare for emergencies and respond when they occur. LSBs can play an important role in the education of services and can contact EMO directly.

Websites

LSBs are able to develop their own websites if they wish to do so and if doing so would be in compliance with the NSBA. Website content should be directly related to the LSBs’ approved powers and only these costs would be considered eligible under the LSB administration.

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 LSB’s 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.