Introduction

The Northern Services Boards Act (NSBA) and Regulation 737 govern the establishment of local services boards (LSBs). LSBs provide basic services called powers, in Northern Ontario unincorporated areas without municipal organization.

The purpose of this guide (the guide) is to assist inhabitants (as defined in section 1 of the NSBA) and elected members of the board (board members) by providing them with information on the operation of an LSB.

The NSBA is the governing legislation that establishes LSBs. The guide contains information on ministry policy as well as suggestions to LSBs on operational processes.

This guide is a summary of key sections of the NSBA.

It is for your information and assistance only. It is not a legal document. If there is any discrepancy between this guide and the Act or regulation, the provisions of the Act and regulation prevail.

Description

A LSB is an entity established under the NSBA that has the authority under the NSBA to deliver any combination of 9 approved powers (the powers) within a specific geographic area (the board area). LSBs are established in Northern Ontario unincorporated areas without municipal organization.

Except as is prescribed by regulation, the Not-for-Profit Corporations Act, 2010 does not apply to LSBs (NSBA, subsection 6(1)).

A LSB is not a municipality or a local board for the purposes of any Act (NSBA, subsection 6(2)). Therefore, unless LSBs are specifically named in an Act (other than the NSBA) that applies to local boards or municipalities (such as certain sections of the Municipal Act, 2001, S.O. 2001, c.25 or the Emergency Management and Civil Protection Act, R.S.O. 1990, c.E.9), then such other Act does not apply to LSBs.

A LSB has either 3 or 5 board members (NSBA, subsection 3(8)). The term of office of a board member is 1 year beginning October 1 and ending on September 30, unless the minister orders otherwise (NSBA, section 5). This term of office coincides with the fiscal year of the board. Where a full board is not elected at the election meeting, a board election should be called as soon as possible to fill the position.

Board members are elected annually between August 1 and September 30 each year (NSBA, section 19).

Each board elects 1 of its elected board members as the chairperson on the first meeting following the election meeting, and no later than October 10 (NSBA, section 21). Section 14 of the NSBA also permits the board to appoint a secretary who serves at the pleasure of the board.