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CONSOLIDATED NEWFOUNDLAND AND LABRADOR REGULATION 747/96

Local Service District Regulations
under the
Municipalities Act
(O.C. 96-259)

Amended by:

3/97
43/99
62/02
5/04
80/07
86/09
66/11

CONSOLIDATED NEWFOUNDLAND AND LABRADOR REGULATION 747/96

Local Service District Regulations
under the
Municipalities Act
(O.C. 96-259)

Under the authority of section 652 of the Municipalities Act and the Subordinate Legislation Revision and Consolidation Act , the Lieutenant-Governor in Council makes the following regulations.

REGULATIONS

Analysis


       
1.   Short title

       
2.   Definitions

              PART I
ADMINISTRATION

       
3.   Petition to be circulated

       
4.   Signatures

       
5.   Majority required

       
6.   Order by minister

       
7.   Meeting of householders

       
8.   Election of committee

     
8.1   Composition of committee after amalgamation

       
9.   Qualifications of representatives

     
10.   Oath or affirmation of representative

     
11.   Special meeting

     
12.   Vacancy of office

     
13.   Appointment of members

     
14.   Quorum

     
15.   Unsatisfied quorum

     
16.   Appointment of members for quorum

     
17.   Term of office

     
18.   Expiration of term of office

     
19.   Committee a corporation

     
20.   First meeting

     
21.   Meetings required

     
22.   Presiding officer

     
23.   Decision on motions

     
24.   Merging with other committees

     
25.   Fee for cost of services or supply

     
26.   Financial year

     
27.   Budget

     
28.   Bookkeeping

     
29.   Bank account

     
30.   Staff

     
31.   Signature of executive

     
32.   Annual meeting

     
33.   Notice of annual meeting

     
34.   Business at annual meeting

     
35.   Special meeting

     
36.   Notice

     
37.   Quorum

     
38.   Presiding officer

     
39.   Voting

     
40.   Orders re: local service districts

     
41.   Inspection of accounts and records

     
42.   Appointment of auditors

     
43.   Works by committee

              PART II
SERVICES

     
44.   Provision of water supply system

     
45.   Entry permitted

     
46.   Private water supply systems

     
47.   Provision of sewage systems

     
48.   Entry permitted

     
49.   Private sewage systems

     
50.   Provision of fire protection

     
51.   Volunteer fire department

     
52.   Requirements

     
53.   Fire chief

     
54.   Officer in charge

     
55.   Persons considered members

     
56.   Equipment use

     
57.   Housing of equipment

     
58.   Insurance

     
59.   Provision of garbage collection

     
60.   Requirements of garbage removal system

     
61.   System for garbage removal

     
62.   Transportation of garbage

     
63.   Provision of street lighting

     
64.   Regulations for animal control

     
65.   Regulations for licensing of animals

     
66.   Repeal


Schedule - [Rep. by 66/11 s2]


Short title

        1. These regulations may be cited as the Local Service District Regulations .

278/88 s1

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Definitions

        2. In these regulations

             (a)  "Act" means the Municipalities Act ;

             (b)  "area" means any community, other than a municipality, as defined by the Act;

             (c)  "chairperson" means the chairperson of a committee and includes the vice-chairperson;

             (d)  "committee" means a local service district committee elected or appointed in accordance with these regulations;

             (e)  "fire department" means a local service district fire department established under these regulations;

              (f)  "garbage" means discarded material of all kinds including machinery, appliances, vehicles and all other articles which are apparently abandoned or are of unsightly appearance;

             (g)  "householder" means the owner or tenant of a residential property and includes the spouse of that person or the partner in a common-law relationship or a person having joint ownership or joint tenancy of that property;

          (g.1)  "householder ordinarily resident" includes, with respect to an area in which 75% or more of the residents are seasonal residents, a householder who is a seasonal resident;

             (h)  "local service district" means a local service district established in accordance with the Act and these regulations;

              (i)  "member" means a member of a committee;

              (j)  "minister" means the minister appointed under the Executive Council Act to administer the Act; and

             (k)  "municipality" means a municipality as defined under the Act and includes a city or an area incorporated under a special Act.

278/88 s2; 175/92 s1; 80/07 s1

PART I
ADMINISTRATION

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Petition to be circulated

        3. (1) A householder ordinarily resident in an area may circulate a petition among the householders ordinarily resident in the area to determine if it is desirable to establish a local service district.

             (2)  Notwithstanding subsection (1), where the proposed local service district will include more than one area a separate petition shall be circulated in each area.

278/88 s3

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Signatures

        4. (1) The name of every householder signing the petition referred to in section 3 shall be written in the hand of that householder.

             (2)  If the householder is unable to sign the petition by writing his or her name, he or she may do so by making his or her mark.

             (3)  Where the householder signs the petition by making his or her mark under subsection (2), it shall be certified by the householder who circulates the petition.

278/88 s4

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Majority required

        5. An area shall not be established as a local service district or included as part of a local service district unless the petition referred to in section 3 is signed by a majority of the householders ordinarily resident of the area.

278/88 s5

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Order by minister

        6. Upon receipt of the petition referred to in section 3, the minister may issue an order

             (a)  to establish the area named in the petition as a local service district by the name of the "Local Service District of ";

             (b)  to describe the boundaries of the local service district by the use of the name by which the area is generally and commonly known, or otherwise; and

             (c)  to provide for the election of a committee.

278/88 s6

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Meeting of householders

        7. (1) Within 60 days of the issuance of an order under section 6, the householders who circulated the petition shall call a meeting comprising at least 25% of the householders ordinarily resident in each area included in the local service district for the purpose of electing a committee.

             (2)  The meeting referred to in subsection (1) shall be called by posting a notice in at least 2 public places in each area included in the local service district at least 7 days before the date of the meeting.

278/88 s7

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Election of committee

        8. (1) A committee being elected under these regulations shall comprise either 5 or 7 members as may be determined by the meeting at which the election is being held.

             (2)  Notwithstanding subsection (1), where a local service district includes more than one area, the householders ordinarily resident in each area who attend the meeting referred to in section 7 shall elect from among their number

             (a)  one member to represent their area; and

             (b)  additional members as may be required to bring the number of members up to that which is determined by the meeting held under subsection (1).

             (3)  Notwithstanding subsection (1), where a local service district includes more than 7 areas, the number of members elected to the committee shall be sufficient to comply with paragraph (2)(a).

             (4)  Fifty percent plus one of the members of a committee elected by householders ordinarily resident within the meaning of paragraph 2(g.1) shall be householders who are not seasonal residents.

278/88 s8; 80/07 s2

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Composition of committee after amalgamation

      8.1 (1) Within 60 days of an order under paragraph 387(b), (d) or (e) of the Act

             (a)  altering the boundaries of a local service district;

             (b)  amalgamating 2 or more local service districts; or

             (c)  including one or more unincorporated areas in an amalgamation under paragraph (d),

the householders in

             (d)  a local service district whose boundaries have been altered;

             (e)  an area in a local service district that has been amalgamated; or

              (f)  an unicorporated area being included in a local service district under paragraph (d),

shall meet to elect a member to represent them on the committee of the local service district to which the change relates.

             (2)  The meeting referred to in subsection (1) shall be called by posting a notice in at least 2 public places in each area to which the change relates at least 7 days before the date of the meeting.

             (3)  A quorum for a meeting held under subsection (1) is 10% of the householders in the area.

             (4)  Where the householders in an area fail to elect a member as required by subsection (1), the minister shall appoint a member to represent the householders on the committee.

             (5)  A member of a committee elected under subsection (1) or appointed under subsection (4) holds office until the expiration of the term of office of the members who held office at the time of his or her election or appointment.

             (6)  Subsection 8(4) applies to persons appointed by the minister under subsection (4).

             (7)  Subsections (1) and (4) apply with respect to the members elected or appointed under them, notwithstanding subsection 8(1).

86/09 s1

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Qualifications of representatives

        9. Every person is qualified to be elected as a member to represent an area included in the local service district who

             (a)  is a householder ordinarily resident in that area;

             (b)  is not in arrears of fees imposed by the committee for a prior financial year;

             (c)  is not in arrears of fees imposed by a waste material disposal committee established under the Waste Material Disposal Act or a water supply and sewage disposal committee established under the Municipal Affairs Act and assumed by the committee; and

             (d)  does not hold an office to which a salary or remuneration payable out of the funds of the local service district is attached.

278/88 s9

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Oath or affirmation of representative

      10. (1) Each member shall swear or affirm his or her oath of office before entering on the duties of that office.

             (2)  A member choosing to swear an oath shall take and sign the following oath of office before a justice of the peace or a commissioner for oaths:

"I, A.B. make oath and say that I am fully qualified, as required by section 9 of the Local Service District Regulations , to be a member of the committee for a local service district and that I will, to the best of my ability, faithfully perform the duties of member while I hold office.".

             (3)  When a member takes the oath of office, an entry shall be made in the minute book of the committee that the oath has been taken by that member.

278/88 s10

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Special meeting

      11. (1) Where a vacancy occurs on the committee, the committee shall call a special meeting in accordance with section 35 within 3 months of the vacancy for the purpose of electing a member to fill the vacancy for the unexpired term of the committee.

             (2)  Where no member is elected in accordance with subsection (1) and the minister does not appoint a member in accordance with section 13, the committee shall call another special meeting to fill the vacancy within 3 months of the meeting referred to in subsection (1).

             (3)  The committee may, with the approval of the minister, defer or dispense with a by-election under this section.

278/88 s11

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Vacancy of office

      12. (1) The office of a member becomes vacant

             (a)  where he or she resigns in writing to the committee, from the date specified on the resignation or if no date is specified from the date he or she files the resignation with the committee; or

             (b)  where the committee declares the office vacant in accordance with subsection (2), from the time of declaration.

             (2)  The committee shall, by resolution, declare vacant the office of a member who

             (a)  ceases to be a householder ordinarily resident in the area which he or she represents on the committee;

             (b)  has been absent from the local service district for more than one year;

             (c)  becomes indebted to the committee for arrears of fees imposed or assumed by the committee in accordance with these regulations for a prior financial year;

             (d)  without the leave of the committee

                      (i)  neglects to be sworn into office within 2 months after his or her election, or

                     (ii)  does not attend 2 successive meetings of the committee; or

             (e)  accepts, without the prior approval of the minister, an office or employment under the committee to which a salary or remuneration is payable out of the funds of the local service district.

278/88 s12

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Appointment of members

      13. (1) Where in an election or by-election held in accordance with these regulations

             (a)  no candidate is nominated;

             (b)  fewer candidates are nominated than there are members to be elected; or

             (c)  for another reason, the number of members elected is less than that provided for in the election or by-election

the minister may appoint as many members as may be necessary to bring the committee up to the number fixed for the committee under section 8.

             (2)  A member appointed under subsection (1) holds office for the same term as he or she would have served had he or she been elected as a member by the election or by-election.

             (3)  Subsection 8(4) applies to persons appointed by the minister under subsection (1).

278/88 s13; 80/07 s3

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Quorum

      14. A majority of the number of members that may be elected or appointed to the committee constitutes a quorum for the purposes of a meeting of the committee.

278/88 s14

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Unsatisfied quorum

      15. Where the number of members holding office is less than a quorum, the members remaining in office shall notify the minister within 24 hours and the minister may authorize those members to perform all of those functions of the committee as he or she may prescribe.

278/88 s15

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Appointment of members for quorum

      16. (1) Where the number of members holding office is less than a quorum, the minister may appoint a sufficient number of members to make a quorum.

             (2)  A member appointed under subsection (1) holds office until the expiration of the term of office of the members who held office at the time of his or her appointment.

             (3)  Subsection 8(4) applies to persons appointed by the minister under subsection (1).

278/88 s16; 80/07 s4

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Term of office

      17. A committee elected or appointed in accordance with these regulations shall remain in office until the second annual meeting of the householders held following its election or appointment.

278/88 s17

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Expiration of term of office

      18. Notwithstanding section 17, the term of office of all members whether elected or appointed before or after the coming into effect of these regulations expires when the number of newly elected or appointed members sufficient to constitute a quorum are sworn into office under section 10.

278/88 s18

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Committee a corporation

      19. A committee elected or appointed in accordance with these regulations is a corporation.

278/88 s19

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First meeting

      20. (1) Except as may otherwise be approved by the minister, the committee shall hold its first meeting within 60 days of its election or appointment in accordance with these regulations and at that meeting shall elect a member to be the chairperson and another to be the vice-chairperson.

             (2)  Where the office of chairperson becomes vacant, the vice-chairperson shall become the chairperson and the committee shall immediately elect a member to be vice-chairperson.

278/88 s20

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Meetings required

      21. (1) The committee shall meet at least once every 3 months to transact any business that is considered necessary.

             (2)  Every meeting held under subsection (1) shall be open to the public unless it is held as a privileged meeting or declared by majority vote of the members present at the meeting to be a privileged meeting.

             (3)  Where a meeting is held as a privileged meeting or declared to be a privileged meeting, all members of the public present shall leave the meeting.

             (4)  Where a decision is made by the committee at a privileged meeting, the decision, in order to be valid, shall be ratified at a public meeting.

278/88 s21

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Presiding officer

      22. The presiding officer at all committee meetings shall be the chairperson or, in the absence of the chairperson, the vice-chairperson or, in the absence of both of them, a member designated by the committee for that purpose.

278/88 s22

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Decision on motions

      23. Every motion before the committee shall be decided by a majority of the members present at the meeting who vote in favour of the motion.

278/88 s23

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Merging with other committees

      24. Where an order is issued in accordance with section 6, property, rights, assets, liabilities and obligations of a waste material disposal committee established under the Waste Material Disposal Act or a water supply and sewage disposal committee established under the Municipal Affairs Act , or both committees as may be appropriated to the area established as the local service district, shall be vested in, assumed by and imposed upon the committee elected or appointed in accordance with these regulations.

278/88 s24

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Fee for cost of services or supply

      25. (1) The committee may, under section 649 of the Act, charge a fee for the cost of services or supply provided in the local service district.

             (2)  Where a fee referred to in subsection (1) is charged, the committee may determine the residents or users of the services or supply who shall be responsible for the payment of the fee and may vary the fee between those residents or users.

             (3)  The committee may fix the date in each year when the fee referred to in subsection (1) shall be due and payable.

             (4)  The committee shall post notices in at least 2 public places in each area included in the local service district with respect to anything done under subsections (1) and (2).

             (5)  The committee may grant to a householder an exemption, remission or deferment of fees, either in whole or in part, for a period of time as the committee decides, upon receipt of a written request or exemption, remission or deferment which establishes evidence of need satisfactory to the committee.

             (6)  The fee referred to in subsection (1) may be sued for and collected by action in the name of the committee as a civil debt due to the committee.

278/88 s25

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Financial year

      26. (1) The financial year of a committee shall be from January 1 to December 31 next following.

             (2)  For the first year of a committee, the financial year shall be from the date the committee takes office until December 31 next following.

278/88 s26

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Budget

      27. (1) The committee shall, not later than 90 days after the day on which the committee takes office in the first financial year and not later than March 31 in each succeeding year, prepare and adopt a budget containing the estimates of the revenue and expenditure of the committee for the current financial year.

             (2)  The budget referred to in subsection (1) shall be in the form that the minister may prescribe and a signed copy shall be sent to the minister within 30 days of its adoption.

278/88 s27

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Bookkeeping

      28. The committee shall ensure that full and complete books of account are kept of the financial dealings of the committee.

278/88 s28

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Bank account

      29. (1) The committee shall open a bank account in a bank approved by the committee and shall deposit to its credit all money received by it.

             (2)  All cheques or orders withdrawing money from the bank account of the committee shall be signed by the chairperson or vice-chairperson or, in the absence or incapacity of both of them, by a member designated for that purpose by the committee and shall be countersigned by one other member designated by the committee for that purpose.

278/88 s29

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Staff

      30. (1) The committee may employ staff as may be necessary to perform the duties specified by the committee and may remunerate those persons out of the funds of the local service district.

             (2)  Notwithstanding subsection (1), a member shall not accept an office or employment under the committee to which a salary or remuneration is payable out of the funds of the local service district without the prior approval of the minister.

278/88 s30

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Signature of executive

      31. All deeds and documents to which the committee is a party shall be signed by the chairperson or vice-chairperson or, in the absence or incapacity of both of them, by a member designated for that purpose by the committee and shall be countersigned by one other member designated by the committee for that purpose.

278/88 s31

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Annual meeting

      32. (1) The committee shall hold an annual meeting of the householders ordinarily resident in the local service district at a time during the year that the committee may decide.

             (2)  There shall be no annual meeting in the year in which the local service district is established.

278/88 s32

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Notice of annual meeting

      33. The committee shall post notice of the annual meeting in at least 2 public places in each area included in the local service district at least 7 days before the date of the meeting and shall state in the notice the time, place and purpose of the meeting.

278/88 s33

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Business at annual meeting

      34. The committee shall, at the annual meeting

             (a)  present to the householders in attendance a report respecting the financial and other operations of the local service district for the prior financial year; and

             (b)  where required under section 17, provide for the election of a new committee.

278/88 s34

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Special meeting

      35. (1) The committee may call a special meeting of the householders ordinarily resident of the local service district.

             (2)  The committee shall call a special meeting of the householders ordinarily resident in the local service district

             (a)  where required under section 11; or

             (b)  where requested to do so by 10% of the householders ordinarily resident in the local service district or at the request of the minister.

278/88 s35

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Notice

      36. The committee shall post notice of a special meeting in the same manner as prescribed under section 33.

278/88 s36

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Quorum

      37. Ten percent of the householders ordinarily resident in each area included in the local service district constitutes a quorum at an annual or a special meeting and if that quorum is not present, the meeting shall be adjourned to a later time.

278/88 s37

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Presiding officer

      38. (1) The presiding officer at an annual or a special meeting shall be the chairperson or in his or her absence the vice-chairperson or, in the absence of both of them, a member designated by the committee for that purpose.

             (2)  Where the presiding officer is a candidate for election, where an election is required to be held, the householders at the meeting shall appoint a person who is not a candidate for election to be the presiding officer for the election.

278/88 s38

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Voting

      39. Every householder ordinarily resident in the local service district may attend an annual or a special meeting and may vote once on every motion before the meeting except that in the case of an election the presiding officer shall not vote unless there is a tie.

278/88 s39

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Orders re: local service districts

      40. The minister may by order

             (a)  establish a local service district and appoint a committee for its control and management;

             (b)  extend or reduce the area of a local service district;

             (c)  subject to section 8, increase or decrease the number of members in conjunction with the extension or reduction of the area of a local service district under paragraph (b);

             (d)  convene a meeting of the householders of a local service district to elect a committee or a member; and

             (e)  appoint a person to conduct the meeting referred to in paragraph (d).

278/88 ss40, 41 & 42

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Inspection of accounts and records

      41. The minister may appoint a person who shall be authorized to inspect the books of account and other records of a local service district.

278/88 s43

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Appointment of auditors

      42. The minister may appoint auditors to examine and report on the books of account and other financial records of a local service district.

278/88 s44

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Works by committee

      43. The minister may disallow works proposed by a committee or may order the discontinuance of works already commenced.

278/88 s45

PART II
SERVICES

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Provision of water supply system

      44. Under section 640 of the Act, the committee may, subject to the provisions of the Environment Act and regulations made under the Act, contract for or construct, acquire, establish, own and operate a public water supply system.

278/88 s46

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Entry permitted

      45. (1) A committee or its authorized representative may, upon giving reasonable notice and at a reasonable time, enter upon all property within the local service district and into buildings and structures on that property, whether publicly or privately owned, to do all things necessary relative to the construction, attention, repair, maintenance or inspection of a public water supply system that the committee is empowered to undertake or control.

             (2)  Notwithstanding subsection (1), a committee or its authorized representative may enter upon property without notice where an emergency exists relevant to the operation of the water supply system but in so doing it shall make every reasonable effort to address the emergency without inconvenience to the owner or occupier of that property.

             (3)  Notwithstanding subsections (1) and (2), a committee or its authorized representative shall not enter upon, break up or otherwise interfere with a highway vested in the Crown under section 5 of the Works, Services and Transportation Act without the written consent of the minister responsible for that Act under the Executive Council Act.

62/02 s1; 5/04 s1

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Private water supply systems

      46. The committee may, where it considers necessary to do so, ensure that all matters relating to the construction and use of private water supply systems within the local service district are approved by departments of government as may be designated by government for that purpose.

278/88 s48

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Provision of sewage systems

      47. Under section 641 of the Act, the committee may, subject to the provisions of the Environment Act and its regulations

             (a)  contract for the collection and treatment of sewage;

             (b)  construct, acquire, establish, own and operate a public sewage system; or

             (c)  upon those terms and conditions as it feels appropriate and with the approval of the majority of residents of the local service district attending a meeting called for that purpose, financially assist by grant or loan the residents of the local service district as the committee decides with the installation of an individual septic tank system or other systems as approved by the minister for the benefit of a resident in the local service district.

278/88 s49

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Entry permitted

      48. (1) A committee or its authorized representative may, upon giving reasonable notice and at a reasonable time, enter upon all property within the local service district and into buildings and structures on that property, whether publicly or privately owned, to do all things necessary relative to the construction, attention, repair, maintenance or inspection of a public sewage system that the committee is empowered to undertake or control.

             (2)  Notwithstanding subsection (1), a committee or its authorized representative may enter upon a property without notice where an emergency exists relevant to the operation of the sewage system but in so doing, shall make every reasonable effort to address the emergency without inconvenience to the owner or occupier of the property.

             (3)  Notwithstanding subsections (1) and (2), a committee or its authorized representative shall not enter upon, break up or otherwise interfere with a highway vested in the Crown under section 5 of the Works, Services and Transportation Act without the written consent of the minister responsible for that Act under the Executive Council Act.

62/02 s2; 5/04 s2

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Private sewage systems

      49. The committee may, where it considers necessary to do so, ensure that all matters relating to the construction and use of private sewage systems within the local service district are approved by departments of government as may be designated by government for that purpose.

278/88 s51

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Provision of fire protection

      50. Under section 642 of the Act, the committee may

             (a)  contract for fire protection; or

             (b)  construct, acquire, establish, own and operate a fire hall, fire engines and other apparatus that is necessary for firefighting and fire protection.

278/88 s52

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Volunteer fire department

      51. The committee may establish, operate and maintain a volunteer fire department or continue an existing volunteer fire department.

278/88 s53

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Requirements

      52. (1) Where a fire department is established or continued under section 53, the committee shall ensure that it is operated in accordance with the Fire Chief Regulations .

             (2)  Where a fire department is established or continued under section 53, the committee shall be responsible for the payment of annual dues to Firefighter's Associations and to the National Fire Protection Association.

             (3)  The committee shall appoint a fire chief who shall administer the fire department in accordance with the responsibilities set out in the Fire Chief Regulations .

278/88 s54; 66/11 s1

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Fire chief

      53. The fire chief appointed under section 54 shall have the authority to

             (a)  cause to be attached to a building or structure within the local service district alarms and other apparatus that is necessary for effective firefighting and fire protection;

             (b)  cause a building or structure or part of it within the local service district to be pulled down or removed as may be necessary to extinguish or stay the progress of fire.

278/88 s55

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Officer in charge

      54. (1) In the absence of the fire chief, the first member of the fire department to arrive at the scene of a fire shall be the officer in charge of the fire department at the fire until a senior ranking member arrives at the scene.

             (2)  The officer in charge of the fire department at a fire may close any highway in the vicinity of the fire as may be necessary to effectively fight the fire and to ensure public safety.

278/88 s56

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Persons considered members

      55. The members of a fire department of another local service district or a municipality or a person that gives aid to the fire department in fighting a fire are considered to be members of the fire department while they are giving that aid.

278/88 s57

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Equipment use

      56. (1) Members of the fire department may enter and convey hose and other apparatus as may be necessary for the effective fighting of a fire through any building or structure and over any land within the local service district.

             (2)  No action lies against a member of the fire department or the committee with respect to damage necessarily occasioned to a building or structure or land as a result of an action taken under subsection (1).

278/88 s58

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Housing of equipment

      57. The committee shall cause all fire equipment to be housed so as to reasonably protect that equipment from the elements and from vandalism.

278/88 s59

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Insurance

      58. (1) The committee shall provide to have all fire equipment and related buildings insured for an amount which is not less than the estimated cost of replacement.

             (2)  Notwithstanding subsection (1), the committee shall provide for insurance coverage for fire vehicles which is not less than that prescribed by the Highway Traffic Act and regulations made under the Act and shall further provide for collision and comprehensive insurance coverage.

278/88 s60

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Provision of garbage collection

      59. Under section 643 of the Act, the committee may

             (a)  establish and maintain a system for the collection, removal and disposal of garbage, subject to the approval of the Department of Environment and Lands under the Waste Material Disposal Act and regulations made under that Act; or

             (b)  contract for the collection, removal and disposal of garbage.

278/88 s61

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Requirements of garbage removal system

      60. (1) Where a system for the collection, removal and disposal of garbage is established, the committee may

             (a)  fix the time of collection, including a time and the manner for the collection of specific kinds of garbage;

             (b)  require the use of containers in which garbage is to be placed for collection, specify the types of containers and designate the location where those containers shall be placed for collection; and

             (c)  determine the recipients of the collection service.

             (2)  The committee shall post notices in at least 2 public places in each area included in the local service district with respect to anything done under subsection (1).

278/88 s62

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System for garbage removal

      61. Where a system for the collection, removal and disposal of garbage is established, the committee may

             (a)  provide, operate and maintain a garbage disposal site subject to the approval of the Department of Environment and Lands under the Waste Material Disposal Act and regulations made under the Act; or

             (b)  contract with another local service district committee, the council of a municipality or a person for the joint use, operation and maintenance of garbage disposal site.

278/88 s63

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Transportation of garbage

      62. The committee shall ensure that all garbage collected for removal and disposal is transported in a manner that prevents the loss of garbage during transportation.

278/88 s64

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Provision of street lighting

      63. Under section 644 of the Act, the committee may contract with any person generating, transmitting or distributing power, or proposing to do so

             (a)  for the supply of street or area lighting in the local service district; or

             (b)  for the supply of power and acquire by purchase or lease the equipment, apparatus, appliances, devices and works necessary to provide street or area lighting in the local service district.

278/88 s65

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Regulations for animal control

      64. Under section 645 of the Act, the committee may make regulations

             (a)  restricting and controlling the running at large or keeping of animals other than dogs within the local service district;

             (b)  providing for the seizure and impounding of animals found at large or kept contrary to the regulations made under this section;

             (c)  prescribing impounding fees; and

             (d)  providing that an impounded animal may be sold, destroyed or otherwise disposed of if it is not claimed and the impounding fee paid in the time set out in the regulations made under this section.

278/88 s66

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Regulations for licensing of animals

      65. Under section 646 of the Act, the committee may make regulations

             (a)  providing for the licensing and registration of dogs within the local service district and the renewal of licences and the period of validity of the licences;

             (b)  prescribing the form of licences and the kind of licence tags to be issued with the licences;

             (c)  prescribing the fees to be paid for licences and licence tags;

             (d)  providing for the appointment of licensing officers in the local service district;

             (e)  prescribing the allowance to be paid to licensing officers for licensing dogs and collecting and forwarding the fees to the local service district and providing for the payment to licensing officers of the cost to them of remitting the fees in addition to an allowance;

              (f)  providing for the impounding of dogs running at large, prescribing impounding fees to be charged for impounding and providing that any dog may be sold, destroyed or otherwise disposed of if it is not claimed within the time fixed in the regulations made under this section;

             (g)  prohibiting, restricting or regulating the roaming at large of dogs;

             (h)  providing for the seizure and destruction of diseased dogs found at large; and

              (i)  prescribing fines for the non-compliance or contravention of regulations made under this section.

278/88 s67

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Repeal

      66. The Local Service District Regulations, 1988, Newfoundland Regulation 278/88, are repealed.

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Schedule - [Rep. by 66/11 s2]

66/11 s2