BILL NO. 22
(as introduced)
3rd Session, 62nd General Assembly
Nova Scotia
65 Elizabeth II, 2016
Halifax Regional Water Commission Act
(amended)
The Honourable Zach Churchill
Minister of Municipal Affairs
First Reading: October 18, 2016
Second Reading: October 20, 2016
Third Reading: November 8, 2016 (LINK TO BILL AS PASSED)
Explanatory Notes
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.
(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.
An Act to Amend Chapter 55
of the Acts of 2007,
the Halifax Regional Water Commission Act
Be it enacted by the Governor and Assembly as follows:
1 Subsection 2(1) of Chapter 55 of the Acts of 2007, the Halifax Regional Water Commission Act, as amended by Chapter 60 of the Acts of 2012, is further amended by adding immediately after clause (g) the following clauses:
(gb) "municipal planning strategy" means a municipal planning strategy as defined in Section 209 of the Charter;
2 Section 3 of Chapter 55 is amended by
(a) adding "(1)" immediately after the Section number; and
(b) adding the following subsection:
3 Chapter 55 is further amended by adding immediately after Section 3 the following Section:
(2) For the purpose of the Companies Winding Up Act, anything that is to be done by resolution, extraordinary resolution or special resolution of the Commission may be done by resolution of the Council.
4 (1) Clauses 4(1)(a) to (c) of Chapter 55 are repealed and the following clause substituted:
(2) Subsections 4(3) and (4) of Chapter 55 are repealed and the following subsections substituted:
(4) Each Commissioner appointed pursuant to clause (1)(a) holds office for a term of two or three years at the discretion of the Council, but ceases to hold office
(a) upon ceasing to be a member of the Council, if the Commissioner was appointed while a Council member;
(b) upon ceasing to be a resident of the Regional Municipality; or
(c) if the Commissioner, without leave of the Commission Board, is absent from three consecutive meetings of the Commission Board.
(3) Subsection 4(7) of Chapter 55 is repealed and the following subsection substituted:
5 Chapter 55 is further amended by adding immediately after Section 4C the following Section:
(2) The Commissioners appointed pursuant to clause 4(1)(a) who are members of the Council and the Commissioner appointed pursuant to clause 4(1)(d) shall share information with the Council in accordance with policy.
6 Section 6 of Chapter 55 is amended by striking out "purposes of" in the second line and substituting "all purposes, including".
7 Section 7 of Chapter 55 is repealed and the following Sections substituted:
(b) subject to the approval and direction of the Council, acquire, own or operate
(c) subject to the approval and direction of the Council, engage in business activities incidental to any of the operations of the Commission referred to in clause (a) or (b), including the generation of heat or electricity in whole or in part from by-products of any of those operations;
(d) subject to any applicable municipal by-law, lease land owned by the Commission for the erection, maintenance and operation of wind turbines;
(e) exercise all necessary powers in relation to the activities, operations and purposes of the Commission as set out in this Act or any other Act, including the power to
(ii) buy, sell or lease interests in real or personal property,
(iii) borrow and invest money,
(iv) receive and issue negotiable instruments, and
(v) hire employees and participate in pension plans or provide pension benefits.
(3) The Commission may only carry out an activity authorized under clause (1)(b) or (c) if the activity is carried out without subsidy from any of the operations of the Commission referred to in clause (1)(a).
(4) The Commission may not enter into a contract with a person other than a municipality, a municipal body as defined in Section 461 of the Municipal Government Act, a municipal water utility, the Government of the Province or of Canada or a band council pursuant to the Indian Act (Canada) for the purpose of providing water, wastewater or stormwater services.
(5) The entering into of a contract with a municipality, a municipal body as defined in Section 461 of the Municipal Government Act, a municipal water utility, the Government of the Province or of Canada or a band council pursuant to the Indian Act (Canada) for the purpose of providing water, wastewater or stormwater services to the municipality, municipal body, municipal water utility, Government or band is subject to the approval and direction of the Council.
7A No action lies against Her Majesty in right of the Province as a direct or indirect result of any of the Commission's activities undertaken pursuant to Section 7.
7B No action lies against the Municipality or against any agent, servant or employee of the Municipality for anything done by the Commission pursuant to Section 7.
8 Chapter 55 is further amended by adding immediately after Section 20 the following Section:
(2) The Commission shall prepare and submit to the Council for the Council's approval, at such times as directed by Council by resolution,
(a) a long-term strategic plan that addresses how the Commission will ensure alignment with the municipal planning strategies of the Regional Municipality; and
(b) an annual business plan that addresses how the Commission will ensure alignment with the annual priorities of the Regional Municipality.
(3) The Commission shall prepare and submit to the Council for the Council's approval the Commission's debt policies and financial instruments at such times and subject to such terms and conditions as directed by the Council by resolution and whenever the Commission is creating or amending a debt policy or financial instrument.
(4) The Commission shall provide such other information as requested by the Council at such times as directed by the Council by resolution.
(5) For greater certainty, the Council's approval of a debt policy or financial instrument is required in addition to any other approval that may be required by the Board.
9 Notwithstanding subsection 4(1) of the Halifax Regional Water Commission Act, the persons referred to in clauses 4(1)(a) and (b) of that Act as it read immediately before the coming into force of this Act continue to serve on the Board of the Halifax Regional Water Commission until their successors are appointed pursuant to clause 4(1)(a) of that Act as amended by this Act.
10 This Act has effect on and after April 1, 2017.
This page and its contents published by the Office of the Legislative Counsel, Nova Scotia House of Assembly, and © 2016 Crown in right of Nova Scotia. Created November 10, 2016. Send comments to legc.office@novascotia.ca.
