The Nova Scotia Legislature

The House resumed on:
September 21, 2017.

Bill No. 22

Halifax Regional Water Commission Act (amended)

An Act to Amend Chapter 55 of the Acts of 2007, the Halifax Regional Water Commission Act

Introduced by:
Honourable Zach Churchill
Minister of Municipal Affairs

First Reading
Second Reading Debates
Second Reading Passed
Law Amendments Committee
    Meeting Date(s) October 31, 2016; November 3, 2016
    Reported to the House
Committee of the Whole House
Third Reading Debates
Third Reading
Royal Assent
Commencement April 1, 2017
2016 Statutes, Chapter 23

Explanatory Note

Clause 1 adds definitions of “Minister” and “municipal planning strategy”.
Clause 2 clarifies the status of the Halifax Regional Water Commission.
Clause 3 allows the Halifax Regional Municipality (HRM) Council to approve the wind-up or dissolution of the Commission, subject to the approval of the Governor in Council.
Clause 4
(a) alters the composition of the Commission Board so that the voting Commissioners comprise seven residents of HRM appointed by HRM Council, up to four of whom may be Council members;
(b) requires the HRM Council to take into consideration expertise, competency and any factors set out in HRM policy when making appointments to the Commission Board; and
(c) prescribes terms and limits on terms of office for Commissioners.
Clause 5
(a) requires the HRM Council to establish policy regarding the roles and responsibilities of the HRM staff member and Council members who are appointed as Commissioners; and
(b) requires those Commissioners to share information with the Council in accordance with that policy.
Clause 6 confirms the status of HRM as the owner of the business of the Commission for all purposes.
Clause 7
(a) clarifies the existing powers of the Commission;
(b) makes the exercise of certain powers of the Commission subject to the approval and direction of the HRM Council;
(c) prohibits the Commission from entering into contracts with water utilities other than a municipality, a municipal body as defined in Section 461 of the Municipal Government Act, a municipal water utility, the Provincial or Federal Government or a band council under the Indian Act (Canada) for the purpose of providing water, wastewater or stormwater services;
(d) requires the approval and direction of the Council before entering into a contract with a municipality, a municipal body, municipal water utility, the Provincial or Federal Government or a band council; and
(e) provides that neither the Crown nor the Municipality is liable for the activities of the Commission.
Clause 8 requires the Commission to prepare and submit long-term strategic plans, business plans and debt policies and guarantees for HRM Council’s approval.
Clause 9 authorizes the Mayor and councillors of HRM who currently serve on the Commission Board to continue serving pending the appointment of their successors to the Commission Board as required by amendments made by this Bill.
Clause 10 sets of the effective date for this Act.