All meetings

The NSBA, subsection 10(3) states “subject to subsections (4) and (5), all meetings of the board shall be open to the public. This means that, subject to subsections 10(4) and (5), the board cannot hold meetings to conduct board business where the public is not allowed access to the meeting. The board is obliged to close part of a meeting to the public in the circumstances described under subsection 10(4), and the board has the discretion to close part of a meeting to the public in the circumstances described under subsection 10(5). See “Closed Meetings” section.

Subject to Part I of the NSBA, the board may establish its own rules and procedures for transacting the business of the board (NSBA, Section 11). As a best practice, the LSB should consider by-laws establishing operational policies such as conflict of interest, election procedures, etc.

The Chair presides at all meetings of the board. If the office of the chair is vacant, or in their absence or if the chair refuses to act, the board may appoint from among its members an acting Chair who, during such absence, vacancy, or refusal to act, shall act in the place of the chair and preside at the meetings of the board (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:

  • o 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, and
    • a discussion of the review engagement of financial statements (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); and
    • 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:

  • 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?

Additional Resources:

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 detailed in the NSBA. Such notices must be posted at least 1 week in advance of the public meeting (NSBA, Section 17), and must include:

  • place of the meeting,
  • date of the meeting,
  • time of the meeting,
  • purpose of the meeting, and
  • the signature of the Secretary or the person or persons calling the meeting.

For additional requirements specific to the public meeting being called, refer to the relevant sections of the NSBA. Notices must be posted in at least 1 location visible to the public in the board area and, if available, published by electronic means or in an electronic format (NSBA, Section 17).

For information on notices of Establishment Meetings, please refer to the Appendix. For information on notices of Election Meetings, please see the section below entitled ‘Election Meeting’.

Quorum for all meetings

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

Regulation 737 describes the 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.

Meetings Closed to the Public

The NSBA provides in section 10(3) that subject to subsections (4) and (5), all board meetings are open to the public.

A part of a board meeting shall be closed to the public if the subject matter being considered during that part of the meeting is:

  1. a request made under the Municipal Freedom of Information and Protection of Privacy Act, if the board is the head of an institution for the purposes of that Act, or
  2. an ongoing investigation respecting the board by the Ombudsman appointed under the Ombudsman Act.

A part of a board meeting may be closed to the public if the subject matter being considered at that part of the meeting involves:

  • personal matters about an identifiable individual.
  • litigation or potential litigation affecting the LSB.
  • advice that is subject to solicitor-client privilege, including communications necessary for that purpose.
  • information explicitly supplied in confidence to the LSB by the Government of Canada, a province or territory or a Crown agency.
  • a position, plan, procedure, criteria or instruction to be applied to any negotiations carried on or to be carried on by or on behalf of the board.

Before holding a part of a meeting that is to be closed to the public, it is important that the LSB understands its responsibilities when holding closed meetings including notice, minutes of the closed portion, and how to re-open the public meeting following the closed meeting portion.

The Ombudsman of Ontario has resources that can assist LSBs with holding ‘closed meetings’ and can be found at Local Services Boards – Open meetings | Ombudsman Ontario

By-laws

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

The board shall by by-law authorize the secretary and 1 or more members of the board to be signing officers. (NSBA section 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 should 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.

According to NSBA Section 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.

  • 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. 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 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.

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 seek election as a board member (NSBA, subsection 19(6)).

Where an inhabitant’s eligibility to vote or to seek office is challenged at an election meeting, the Chair of the Meeting must require the individual being challenged to make a declaration in english or french that he or she is an inhabitant as defined in section 1 of the NSBA. This declaration must be made before a commissioner for taking affidavits, a notary public or the secretary and, for the purpose of the election meeting, the secretary is empowered to take such declarations. 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.

As a best practice, a board is encouraged to develop its 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 its 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, etc.

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)).

Except for any portion of the minutes that pertain to a part of a meeting that is closed to the public, minutes are required to be posted in at least 1 location visible to the public in the board area and, if available, by electronic means or in an electronic format.

As a best practice, it is recommended that any minutes that pertain to a part of a meeting that is closed to the public in accordance with subsection 10(4) or (5) of the NSBA be kept separate from the public meeting minutes.

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.

LSBs should be aware that a person may request that an investigation of whether a board has complied with subsections 10(4) to (8) of the NSBA in respect of a meeting or part of a meeting that was closed to the public be undertaken by the Ombudsman appointed under the Ombudsman Act (NSBA, subsection 10.1(1)).

File retention

It is recommended that the LSB board establish a file retention policy. See retention section.

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. (ex. 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 their 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 that he or she is an inhabitant as defined in section 1 of the NSBA. A declaration under subsection 20(1) shall be made before a commissioner for taking affidavits a notary public or the secretary and, for the purpose of the election meeting, the secretary is empowered to take such declarations. An inhabitant who makes a declaration under subsection 20(1) is eligible to vote or seek office.

Voting rights of property owners who do not reside in the LSB 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.

For the purposes of section 3 and section 31 of the NSBA, in order to be an inhabitant who is eligible to vote, an individual must either be a permanent resident of a proposed board area or an owner of property situated in a proposed board area. Individuals must also be Canadian citizens and have attained the full age of 18 years.

For the purposes of votes other than sections 3 and 31 in the NSBA, in order to be an inhabitant who is eligible to vote, an individual must either be a permanent resident of a board area or an owner of property situated in a board area. Individuals must also be Canadian citizens and have attained the full age of 18 years.

Election meeting

The Election Meeting is for the purpose of electing a board for a 3-year term.

Timing

The board must call an Election Meeting of the Inhabitants every 3 years. An election meeting is to be held in the board area after the 1st day of August and before the 30th day of September (NSBA, subsection 19(1)) in a given election year.

If in an election year, the board fails to call an Election Meeting before the 10th day of September, the Secretary shall immediately call such a meeting in accordance with subsection 19(4) of the NSBA.

If in an election year, both the board and the Secretary fail to call the Election Meeting before the 15th day of September, any 10 inhabitants may call a meeting in accordance with 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,
  • the place of the Election Meeting, and
  • the time of the Election Meeting (NSBA, subsection 19(2)).

The notice must be posted in at least 1 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 Section 19 (2)).

The Secretary must send a copy of the Notice to the minister (NSBA, subsection 19(2)).

Items LSBs may wish to consider when setting the date and location for an election 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, an LSB may wish to consider posting the election meeting notice in multiple locations (see Notice section for more information on Notice requirements).
  • 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

Where the Election Meeting has been called by:

  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)), or
  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 members of the board must be done by way of secret ballot. For all elections after the first election, the board shall, subject to subsection 19(8), determine all matters relating to the conduct of elections. (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.

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 organization and election meeting

What supporting documentation will be required to prove eligibility to vote? (ex: 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? (ex: 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?
  • it is a best practice for ministry staff to be invited as an observer. The LSB should discuss meeting dates with staff ahead of time.
  • at the end of the vote, the results should be announced (best practice to name in alphabetical order) and then as best practice a motion should be 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 or to seek office is challenged at an election meeting, the chair shall require the individual being challenged to make a declaration in english or in french that he or she is an inhabitant as defined in section 1 of the NSBA. A declaration under subsection 20(1) shall be made before a commissioner for taking affidavits, a notary public or the secretary and, for the purpose of the election meeting, the secretary is empowered to take such declarations. An inhabitant who makes a declaration under subsection 20(1) is eligible to vote or to seek office (sample template under Appendices). (NSBA, Section 20).

First meeting of the fiscal year

The board is required to conduct its first meeting in each fiscal year no later than October 10th (the “First Meeting”) (NSBA, Section 21).

The board must elect a Chair for that fiscal year at the First Meeting. The Chair must be a board member (NSBA, Section 21).

The election of the Chair is done by the board and not the public at large (NSBA, Section 21).

The board will also appoint a Secretary in accordance with section 14 of the NSBA.

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.

If a board member ceases to be an inhabitant, fails to attend any 3 consecutive meetings of the board, refuses to act or dies, the remaining board members may by by-law call a public meeting to elect an inhabitant of the board area to serve for the remainder of the term of such member in accordance with subsection 9(3) of the NSBA.

Budget meeting

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

The board must conduct sufficient public meetings so that the inhabitants may participate in the preparation of the annual estimates of the board (NSBA, Section 16).

Notice for budget meeting

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

  • Notices for budget meetings must meet all of the following requirements:
    • must be posted at least 1 week in advance of the meeting (NSBA, Section 17),
    • must be posted in at least 1 location visible to the public in the board area and, if available, published by electronic means or in an electronic format (NSBA, Section 17),
    • must contain:
      • location of the meeting,
      • date of the meeting,
      • time of the meeting,
      • purpose of the meeting, and
      • 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 amounts required for the purposes of the board for operating and capital expenditures for the current fiscal year. (NSBA subsection 23(1)).

When preparing the estimates, the board shall take into account any surplus from the previous year that will be available in the current year, any operating deficit from the previous year and any debt owing to the Crown payable in the current year. (NSBA subsection 23(2)).

The estimates will set out the amounts to be raised, the manner in which the amounts are to be raised, and the rate or rates, if any, which the board proposes be added to the Provincial Land Tax in the whole or any part of the board area. (NSBA Section 23(3)).

The estimates (budget) need to be adopted after public discussion before the 1st day of December in each year. (NSBA, subsection 23(1)).

Refer to the section on ‘budget processes’ and ‘levy and fees’ in this Guide for further details on the Annual Estimates.

Transfer Payment Ontario (TPON)

The ministry administers the LSB funding program via the TPON system. Each year, the LSB Secretary should review the LSB TPON account for any required revisions such as banking information, LSB contacts, etc. 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 applicable process.

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

Get funding from the Ontario government

Users can also call Toll-free 1-855-216-3090 or email TPONCC@ontario.ca.

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.
  • the name of your organization (be sure to provide the legal name of the LSB).