O. Reg. 331/99: SUPPORT FOR A PROPOSAL TO ESTABLISH AN AREA SERVICES BOARD

Northern Services Boards Act
Loi sur les régies des services publics du Nord

ONTARIO REGULATION 331/99

SUPPORT FOR A PROPOSAL TO ESTABLISH AN AREA SERVICES BOARD

Historical version for the period May 10, 1999 to April 26, 2000.

No amendments.

This is the English version of a bilingual regulation.

1. (1) This section applies with respect to all municipalities, including the area municipalities of The Regional Municipality of Sudbury, but, subject to subsections (7) and (8), not with respect to The Regional Municipality of Sudbury. O. Reg. 331/99, s. 1 (1).

(2) A proposal to establish an area services board must have,

(a) the support of the majority of the municipalities in the proposed Board area; and

(b) the support of the majority of all of the electors, as defined in the Municipal Act, in the municipalities in the proposed Board area together with the residents of the unorganized territory in the proposed Board area. O. Reg. 331/99, s. 1 (2).

(3) For the purpose of clause (2) (a), the residents of the unorganized territory in the proposed Board area shall be deemed to count as one municipality. O. Reg. 331/99, s. 1 (3).

(4) If a municipality supports a proposal, it shall indicate its support by resolution. O. Reg. 331/99, s. 1 (4).

(5) A municipality shall state in the resolution the number of electors that it represents for the purpose of determining the support for a proposal. O. Reg. 331/99, s. 1 (5).

(6) For the purposes of clause (2) (b),

(a) if a municipality supports a proposal, all of the electors in the municipality shall be deemed to support it; and

(b) if the residents of the unorganized territory support a proposal, all of the residents shall be deemed to support it. O. Reg. 331/99, s. 1 (6).

(7) If any part of the territory of The Regional Municipality of Sudbury is in a proposed Board area, the proposal must have the support of the Regional Municipality. O. Reg. 331/99, s. 1 (7).

(8) If The Regional Municipality of Sudbury supports a proposal, it shall indicate its support by resolution. O. Reg. 331/99, s. 1 (8).

2. (1) The procedures to be used to determine whether the residents of the unorganized territory in a proposed Board area support a proposal to establish an area services board are set out in this section and in section 3. O. Reg. 331/99, s. 2 (1).

(2) Support for a proposal shall be determined by a majority vote of the residents of the unorganized territory present at a meeting held for the purpose. O. Reg. 331/99, s. 2 (2).

(3) Each resident of the unorganized territory is eligible to vote at the meeting. O. Reg. 331/99, s. 2 (3).

(4) A resident may call a meeting if the resident has been designated to do so by at least nine other residents. O. Reg. 331/99, s. 2 (4).

(5) A resident designated under subsection (4) shall give at least 14 days notice of the meeting,

(a) by publishing notice of it in a newspaper that is of general circulation throughout the unorganized territory; or

(b) by any other means that will provide residents with adequate notice of the meeting. O. Reg. 331/99, s. 2 (5).

(6) The notice must state the meeting’s purpose, the time and place at which it will be held, who is eligible to vote at it and the times and places at which a copy of the proposal may be inspected. O. Reg. 331/99, s. 2 (6).

(7) The resident calling the meeting shall ensure that a copy of the proposal is available for inspection within the unorganized territory or in an adjacent municipality at times and at places that provide a reasonable opportunity to residents to inspect it. O. Reg. 331/99, s. 2 (7).

(8) The meeting shall be held in the unorganized territory or in an adjacent municipality. O. Reg. 331/99, s. 2 (8).

3. (1) A chair shall be elected for the purposes of the meeting by the residents who are present. O. Reg. 331/99, s. 3 (1).

(2) The chair shall conduct a vote among the residents who are present to determine whether or not there is majority support for the proposal to establish an area services board. O. Reg. 331/99, s. 3 (2).

(3) The chair may make rules with respect to the manner in which the vote is to be conducted, except that voting shall be by secret ballot. O. Reg. 331/99, s. 3 (3).

(4) The chair shall record the results of the vote, including the number of votes cast in support of the proposal and the number cast against it. O. Reg. 331/99, s. 3 (4).

(5) If more than one meeting is held before a proposal is submitted to the Minister and the results conflict, the decision made at the meeting at which the most votes were cast governs. O. Reg. 331/99, s. 3 (5).

(6) Spoiled ballots do not count for the purpose of determining the number of votes cast. O. Reg. 331/99, s. 3 (6).