Regional Parks Regulations, 2015, R-9.11 Reg 1

1 REGIONAL PARKS, 2015 R-9.11 REG 1 The Regional Parks Regulations, 2015 being Chapter R-9.11 Reg 1 (effective April 6, 2015). NOTE: This consolidation is not official. Amendments have been incorporated for convenience of reference and the original statutes and regulations should be consulted for all purposes of interpretation and application of the law. In order to preserve the integrity of the original statutes and regulations, errors that may have appeared are reproduced in this consolidation. 2 R-9.11 REG 1 REGIONAL PARKS, 2015 Table of Contents 1 Title 9 Regional park development and management 2 Interpretation 10 Regional park land acquisition or divestiture 3 Regional parks administration agreement 11 Audit or review 4 Termination of regional park administration 12 Eligibility for membership in regional park authority agreement 13 Sask. Reg. 320/79 repealed 5 Regional park authority – general administration 14 Transitional 6 Financial responsibilities of regional park authority 15 Coming into force 7 Annual meetings 8 Bylaws 3 REGIONAL PARKS, 2015 R-9.11 REG 1 CHAPTER R-9.11 REG 1 The Regional Parks Act, 2013 Title 1 These regulations may be cited as The Regional Parks Regulations, 2015. Interpretation 2 In these regulations: (a) “Act” means The Regional Parks Act, 2013; (b) “administrator” means the person with whom the minister has entered into a regional parks administration agreement pursuant to section 5 of the Act; (c) “business day” means a day other than a Saturday, Sunday or holiday; (d) “fiscal year” means the period commencing on January 1 and ending on December 31 of the same year; (e) “participant” means a municipality or an organization that is represented on a regional park authority. 10 Apr 2015 cR-9.11 Reg 1 s2. Regional parks administration agreement 3 A regional parks administration agreement made pursuant to section 5 of the Act must include all of the following provisions: (a) provisions respecting the payments by the minister to the administrator related to: (i) the carrying out of the administrator’s duties and responsibilities pursuant to the regional parks administration agreement; and (ii) the general administration of the regional parks administration agreement by the administrator; (b) provisions requiring that the administrator be incorporated in Saskatchewan. 10 Apr 2015 cR-9.11 Reg 1 s3. Termination of regional park administration agreement 4(1) The minister may terminate a regional parks administration agreement if: (a) the administrator becomes bankrupt, insolvent or becomes subject to any order or appointment of a receiver for the administrator’s property; (b) the administrator is dissolved or its name is struck off the register of corporations maintained as a public registry in accordance with an Act; 4 R-9.11 REG 1 REGIONAL PARKS, 2015 (c) the administrator fails, or in the opinion of the minister is likely to fail, to carry out its duties and responsibilities pursuant to the agreement; or (d) in the opinion of the minister, it is in the public interest to terminate the agreement. (2) Subject to subsection (3), before terminating a regional parks administration agreement pursuant to subsection (1), the minister shall: (a) serve written notice on the administrator of the proposed termination and the reasons for it; and (b) give the administrator an opportunity to make written representations within 30 business days after receiving the written notice mentioned in clause (a). (3) After considering any written representations made pursuant to clause (2)(b) or if no written representations are received within the 30 business days mentioned in clause (2)(b), the minister shall issue a written decision and serve the decision on the administrator. (4) The administrator may give notice of at least 180 days of an intention to terminate the agreement and, at the expiration date mentioned in the notice, the agreement is terminated. (5) If the minister considers it necessary and in the public interest to do so, the minister may immediately terminate the regional parks administration agreement, but, if the minister does so, the minister shall: (a) serve on the former administrator written notice of the termination and the reasons for it; and (b) give the former administrator an opportunity to make written representations within 30 business days after receiving the written notice mentioned in clause (a). (6) After considering any written representations made pursuant to clause (5)(b) or if no written representations are received within the 30 business days mentioned in clause (5)(b), the minister: (a) may confirm, vary or rescind the decision to terminate the agreement; and (b) shall issue a written decision and serve the decision on the former administrator. (7) Before the expiration or termination of the regional parks administration agreement or, if the regional parks administration agreement is terminated pursuant to subsection (5), immediately after the termination: (a) the administrator shall: (i) provide any information to the minister respecting the administrator’s financial status, exercise of powers, fulfilment of duties and administration of the agreement that the minister may specify; and (ii) return to the minister in the manner and within the period directed by the minister any moneys that the minister may have paid to the administrator in accordance with clause 3(a) and that have not been expended by the administrator for the purposes set out in that clause; and 5 REGIONAL PARKS, 2015 R-9.11 REG 1 (b) the minister may: (i) retain any experts or advisors to provide assessments or assist with the termination of the agreement, with the related costs to be shared equally by the minister and the administrator; and (ii) do any other thing that, in the opinion of the minister, is necessary to facilitate the termination of the agreement. 10 Apr 2015 cR-9.11 Reg 1 s4. Regional park authority - general administration 5 Every regional park authority shall: (a) develop a constitution and annually review its constitution; (b) establish signing authority; (c) arrange for banking; (d) appoint or elect from among the members of the regional park authority an executive committee in accordance with the regional park bylaws, consisting of not less than three and not more than seven members of the regional park authority, including the chairperson; (e) appoint or elect a chairperson of the executive committee; and (f) hold regular and special meetings of the members of the regional park authority and the general public. 10 Apr 2015 cR-9.11 Reg 1 s5. Financial responsibilities of regional park authority 6 The regional park authority shall: (a) maintain accounting procedures and financial records in accordance with generally accepted accounting principles, as recommended from time to time by Chartered Professional Accountants of Canada; (b) ensure that the financial records mentioned in clause (a) are open for inspection by the minister on the minister’s request; (c) subject to section 11, on or before April 1 of each year: (i) audit, review or compile the financial records mentioned in clause (a) for the preceding fiscal year; and (ii) prepare an annual report and financial statement and submit the annual report and financial statement to participants; (d) at least 15 business days before the annual meeting, submit to each participant a copy of the annual report and a copy of the financial statement for the preceding fiscal year; (e) retain all records and documents associated with the administration of the regional park authority for the period directed by the minister. 10 Apr 2015 cR-9.11 Reg 1 s6. 6 R-9.11 REG 1 REGIONAL PARKS, 2015 Annual meetings 7(1) The regional park authority shall hold an annual meeting open to the general public: (a) before July 15 of any year; or (b) at any other time during the year if: (i) authorized to do so by the minister in writing; and (ii) written notice is provided by the regional park authority to each participant at least 10 business days before the proposed annual meeting date. (2) At each annual meeting, the regional park authority shall establish or confirm the following: (a) the regional park authority constitution; (b) the regional park bylaws; (c) the signing authority for the regional park authority and the assigned banking facility; (d) the annual report and financial statement for the preceding fiscal year; (e) the budget for the current fiscal year; (f) the development plans and objectives for the regional park; (g) the members of the executive committee; (h) the members-at-large, if any. (3) The regional park authority may conduct any other business at an annual meeting that it considers necessary. 10 Apr 2015 cR-9.11 Reg 1 s7. Bylaws 8(1) The regional park authority shall make and enforce regional park bylaws governing the operation and public use of the regional park, including bylaws respecting: (a) the procedures for considering and passing regional park bylaws; (b) the procedures for appointing or electing an executive committee; (c) the number and terms of the members of the executive committee; (d) the duties of the members of the executive committee; and (e) if there are to be members-at-large: (i) the procedures for appointing or electing the members-at-large; and (ii) the number and terms of the members-at-large. 7 REGIONAL PARKS, 2015 R-9.11 REG 1 (2) The regional park authority shall: (a) make copies of all regional park bylaws available for public inspection at its main office during normal business hours; (b) post copies of all regional park bylaws to its website; and (c) cause all regional park bylaws to be made public by any other means it considers appropriate. 10 Apr 2015 cR-9.11 Reg 1 s8. Regional park development and management 9 A regional park authority: (a) shall prepare and maintain a report containing the legal description of the land lying within the boundaries of the regional park; (b) shall prepare and update as required the following relating to the regional park: (i) a long-term plan; (ii) a plan for park zoning; (iii) a capital development plan; (iv) a plan for park maintenance and infrastructure; (c) shall ensure that all development of regional park land complies with applicable legislation; and (d) may determine if any area of the regional park is to be used for cottage development or permanent residential use or both, if: (i) the regional park authority determines that the cottage development or permanent residential use is in the public interest; (ii) the cottage development or permanent residential use is approved pursuant to The Planning and Development Act, 2007; and (iii) the area intended to be used for the cottage development or permanent residential use is identified for this use in the regional park’s plan for park zoning. 10 Apr 2015 cR-9.11 Reg 1 s9. Regional park land acquisition or divestiture 10(1) For the purposes of section 12 of the Act, before a regional park authority may enter into an agreement to acquire land, the regional park authority shall apply to the minister for the minister’s consent. (2) The application mentioned in subsection (1) must include all of the following: (a) the legal description of the land to be acquired; (b) the rationale for the acquisition of the land; (c) a copy of the resolution of the regional park authority approving the acquisition of the land; (d) written consent of all participants. 8 R-9.11 REG 1 REGIONAL PARKS, 2015 (3) If the minister so requires, the regional park authority shall: (a) hold a public meeting to discuss the acquisition of the land; (b) hold any other public consultation that the minister may direct; and (c) provide a written report to the minister on the outcome of the public meeting mentioned in clause (a) and the public consultation, if any, mentioned in clause (b), containing any details the minister may require. 10 Apr 2015 cR-9.11 Reg 1 s10. Audit or review 11(1) For the purposes of subsection 27(3) of the Act: (a) if the regional park authority’s revenues were greater than $400,000 for the preceding fiscal year, the regional park authority shall appoint an auditor to conduct an audit in accordance with the standards of professional practice published by Chartered Professional Accountants of Canada; (b) if the regional park authority’s revenues were not less than $100,000 but were $400,000 or less for the preceding fiscal year, the regional park authority may pass a resolution to dispense with appointing an auditor but shall appoint a person to conduct a review engagement in accordance with the standards of professional practice published by Chartered Professional Accountants of Canada; (c) if the regional park authority’s revenues were less than $100,000 for the preceding fiscal year, the regional park authority may pass a resolution to dispense with appointing an auditor but shall appoint a person to review the financial statement of the regional park authority for that fiscal year. (2) For the purposes of subsection 27(5) of the Act, all review engagements and reviews of financial statements mentioned in clauses (1)(b) and (c) must be performed by a person who: (a) is independent of the regional park authority, its participants and its members, including members-at-large; and (b) is a member in good standing of a recognized accounting profession that is regulated by an Act. 10 Apr 2015 cR-9.11 Reg 1 s11. Eligibility for membership in regional park authority 12(1) Subject to subsection (2), a person who is employed by a regional park authority or who owns or operates any business, trade or other commercial undertaking within a regional park is not eligible to be appointed as, or to remain, a member of a regional park authority. (2) Subsection (1) does not apply to any person who performs services for or provides goods to a regional park authority pursuant to a contract awarded to the person following a competitive tendering process. 10 Apr 2015 cR-9.11 Reg 1 s12. 9 REGIONAL PARKS, 2015 R-9.11 REG 1 Sask. Reg. 320/79 repealed 13 “The Regional Parks Regulations”, being Saskatchewan Regulations 320/79, are repealed. 10 Apr 2015 cR-9.11 Reg 1 s3. Transitional 14(1) In this section: “new fiscal year” means the period commencing on January 1 and ending on December 31 of the same year; “old fiscal year” means the period commencing on November 1 in one year and ending on October 31 of the following year; “transition period” means the period commencing on the date on which these regulations come into force and ending three years after that date. (2) For the purposes of subsection 20(1) of the Act and notwithstanding any other provision of these regulations, during all or any part of the transition period, a regional park authority may elect to maintain its accounting records and prepare its reports and financial statements on the basis of the old fiscal year. (3) If a regional park authority makes an election pursuant to subsection (2): (a) the regional park authority shall notify the minister in writing of its election; (b) the minister may issue directions respecting: (i) the dates by which the regional park authority shall have an audit, review or compilation of its financial records completed and its financial statement prepared and submitted to its participants; and (ii) the manner in which and the period for which an audit, review or compilation of its financial records must be completed and its financial statement must be prepared for the purposes of moving from the old fiscal year to the new fiscal year; and (c) the minister’s directions pursuant to clause (b) prevail in the case of any conflict between these regulations and the minister’s directions. 10 Apr 2015 cR-9.11 Reg 1 s14. Coming into force 15(1) Subject to subsection (2), these regulations come into force on the day on which section 1 of The Regional Parks Act, 2013 comes into force. (2) If these regulations are filed with the Registrar of Regulations after the day on which section 1 of The Regional Parks Act, 2013 comes into force, these regulations come into force on the day on which they are filed with the Registrar of Regulations. 10 Apr 2015 cR-9.11 Reg 1 s15. 10 R-9.11 REG 1 REGIONAL PARKS, 2015 REGINA, SASKATCHEWAN Printed by the authority of THE QUEEN’S PRINTER Copyright©2015