Steps you need to follow

1.    Prior to moving forward with the process requesting to vary powers for a LSB, the board is encouraged to contact ministry staff for guidance on steps to take. Local ministry staff can be located by referring to the ministry website or on the provincial INFO-GO website.

2.    Although not a requirement of the NSBA it is recommended that prior to calling a meeting to vote to vary the powers of an LSB, sufficient information meetings be held to allow inhabitants to review the proposal to vary the powers of the LSB, the implications of the loss or addition of powers and the financial implications. Information meetings will enable inhabitants to make an informed decision when the time comes to vote on the issue.

3.    Where the board considers it desirable that the powers of the board be varied, the board must put a proposal to vary the powers of the board (the Proposal to vary powers) to a vote of the inhabitants of the board area (NSBA, section 31).

4.    The notice of the meeting must be posted at least 1 week before the date of the meeting, and must:

  • include the date, time, place, and purpose of the meeting (including that a vote will be held), and a description of the Proposal to vary powers, which description shall include a description of the requested powers to be either added or deleted (NSBA, section 17)
  • contain the signature of the secretary (NSBA, section 17)
  • 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 (NSBA, section 17)
  • Where required or necessary be posted in both English and French (as the board deems necessary)
  • be forwarded to the minister, and a copy to the local ministry staff

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 required and to use additional means such as radio, newspapers, email lists, 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?
  • Is there sufficient parking for inhabitants driving to the meeting location?
  • The chair would preside at the meeting 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 secretary records the proceedings of the meeting and is responsible for posting the minutes of the meeting in the board area as well as sending by a copy of the minutes and the recommendations agreed upon, at the meeting to the minister of the ministry. (NSBA, section 3(6) (a-c)).

5.    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 (NSBA, subsection 31(4)).

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? (for example: sign in sheet)
  • How will voting be conducted? (show of hands, secret ballot)
  • Is the question being asked worded in a fashion that is clear and understandable? (such as Are you in favour of varying the powers of the local services board of XXXXX to add or delete the following powers XX, XX resulting in the board having the powers of XX, XX. 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 one 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 to determine the eligibility of the inhabitant to vote.
  • 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 is made the individual is able to vote. (NSBA, section 20).

7.    Recommendations

Where the vote results are in favour of the proposal to vary powers then the secretary must forward to the minister a copy of the proposal as approved at the meeting including:

  • the desirability of varying the powers of the local services board
  • a description of the Proposal to vary powers, which description shall include a description of the requested powers to be either added or deleted
  • a statement of the results of the vote showing the vote of the inhabitants for and against the proposal

8.    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, published by electronic means or in an electronic format (NSBA, subsection 14(4)(c)).

9.    Prior to the minister making a final decision on altering the boundaries 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 implications of the LSB varying its powers to determine if there would be any opposition or concerns as well as information regarding any applicable legislation.

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 inhabitants, posting of notices and process to conduct meetings.

10.    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 Proposal to vary powers. Should the minister choose to proceed with varying the powers of an LSB, the minister may make such order as the minister considers appropriate (NSBA, subsection 31(4)).

Resources

Notice of meeting – example
Declaration of eligibility to vote - example