ITS YOUR FAULT!

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NOW, DO YOU FEEL BETTER?

Who cares whose fault it is.... IMHO ....  it is now time for us to turn the page, resolve not to make the same mistakes and find solutions that will work for us and our kids and grandkids....

"DISSIPATED: GOTTEN RID OF; WASTED, DISPERSED"

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SWSDA WORKING ON MORTGAGES ?

In November 2007 ... SWSDA's CEO submitted a sworn Affidavit to the Supreme Court of Nova Scotia. In the Affidavit he claimed that SWSDA had, between July and November 2007, "dissipated" more than a quarter of a million dollars that was left in the Maintenance Fund after the Boys School was sold in June as well as the $550,000 received from the sale.

As a result of this declaration by SWSDA .... the parties to the Fraudulent Conveyance case agreed that SWSDA was to replace the Boys School's "dissipated funds" (the unspent portion of the $625,000 Maintenance Fund + $550,000 + interest going back a number of years) by using the proceeds from the sale of the Former Naval Base when it was sold and the Court so ordered SWSDA to set aside these funds.

Fast forward  more than a year later to March 2008 when the Base was sold....

It would appear... that SWSDA received less than a million in cash from the sale of the Base and $716,000 of that was set aside to satisfy the court order. In addition, SWSDA quickly moved $150,000 to pay off a loan held by the Yarmouth Area Industrial Commission. The RDA now holds a mortgage on the Base of $1.75 million which it has been trying to sell off at a discount to others including the Provincial Government so that it can get its hands on a more liquid form of asset.... cash! (Now Mr. Anderson's briefing of the SWSDA Board at their May meeting about SEACOAST and their prospects makes sense!!!)

Now we hear on the grapevine ... that even the disappearing government of Rodney MacDonald wouldn't bite that poison fruit in its final six months in power... but ever peristent Mr. Anderson .... we understand is pitching municipal members of his Board of Directors and the new provincial government to reconsider and take the mortgage off his hands and give him cash.

I guess holding a mortgage for $1.75 million whose terms provide for delayed payment is like having a gold credit card where you've exceeded both the total and daily credit limit.....is it burning a hole in Mr. Anderson's pocket? Seems that way!

Additions To Blog

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You may have noticed some additions to this blog today. On the left hand side of the blog there is now a clickable link to two other blogs (one is a new blog called Shelburne Development that I am launching today ) and Timothy Gillespie's ever- popular and recently resuscitated Shelburne County Today. Adding this makes it easier for readers to move from one to the other.

I have also added a survey question tool that you can monitor as folks vote.... should be interesting.

Hope you enjoy it.

Who's Counting!?!

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FYI......... As of midnight last night this blog, started in mid-May has logged 59,896 page views
and 10,551 visits.

I invite you to add your thoughts to mine and those of other readers by providing your comments or thoughts. This blog is about the issues surrounding RDA Accountability in the past and in the future. Our ability to be informed about the past and present is essential for us to prepare and enhance our ability to manage the future.

Please take a moment and share your thoughts with our readers.

Proposed RDA Workshop Discussion

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Dear Reader.... Please go to http://www.shelburnecitizendrivendevelopment.blogspot.com/ for this discussion....

ACCOUNTABILITY ... IN CAPITAL LETTERS!

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THREE MONTHS LATER

In the Minutes of the May 27 meeting ow SWSDA a number of questions were asked.... some reportedly answered and/or discussed by the Board with others to be answered later. Below is a list of those reportedly clarified, answered and/or discussed with Board members.

1. "Status of operating funds from ACOA and Economic Development Requirement to register under the RDA act to receive operational funding (in progress) "

Question: Can any of those in attendance tell the great unwashed public what they were told and what discussion if any ensued respecting operational funding and the requirement for SWSDA to register under the RDA Act?

2. "... status provided for several projects ..."

Question: Can any of those in attendance tell the public what they were told and what discussion if any ensued respecting the status of any and all projects currently being managed by SWSDA and in particular what was the Status of Shelburne County projects?

3. "... $716,858 invested from the sale of the Shelburne Youth Centre ..."

Question: Can any of those in attendance tell the us what they were told and what discussion if any ensued respecting the status of the funds invested from the sale of the Shelburne Youth Centre and in particular where has the money been invested, what interest rates are being paid and what interest has accrued to the investment since it was made, when was it made, and how was the amount to be invested determined?

4. "Process for hiring consultants explained... "

Question: Can any of those in attendance tell us what they were told and what discussion if any ensued respecting the process for hiring consultants and where a written copy of that process can be found?

5. "Clarification provided on mortgage outstanding for sale of Shelburne Park and repayment terms ..."

Question: Can any of those in attendance tell us what they were told and what discussion if any ensued respecting the mortgage outstanding for the sale of Shelburne Park and repayment terms?

6. " Discussion of travel expense process... "

Question: Can any of those in attendance tell us what they were told and what discussion if any ensued respecting SWSDA's travel expense process and where a written copy describing this process can be found, as well as a description of the process for attribution of travel expenses to various core and project budgets?

BTW: At the May meeting it was reported that the "Request for financial info on Shelburne Park will require clearance from solicitors as a court case is pending."

If that information has been provided to Board members would one of those in attendance please provide a copy. On the other hand, if it has not been provided, Board members should insist on this information before they accept the new financial statements at the September meeting of the Board and the AGM.

** (In attendance at the meeting were the following people....
Voting... Rod Rose, Phil LeBlanc, Phil Mooney, Heather MacDonald (alternate for Municipality of Yarmouth) Rachel Pictou (representing the Acadia First Nation), Sherman Embree, Elizabeth Acker, Cecil Brannon, Alonzo Townsend (alternate for Town of Lockeport), Louise Halliday
Non-voting... Doris Swaine (alternate for Municipality of Shelburne), Elizabeth Rhuland (alternate for Town of Shelburne), Donna LeBlanc-Messenger (alternate for Municipality of Barrington), Robert Maillet, Calvin Butler, Bryan Smith ( special assistant to Richard Hurlburt), Stéphane Cyr, Pat Melanson, Clyde DeViller, Michelle Blinn, Frank Anderson and David Warner.)

Great Meeting Bodes Well for Future

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SHELBURNE MEETING WITH MINISTERS

PERCY PARIS & STERLING BELLIVEAU

For those of you who couldn't attend, this morning's meeting between the two ministers and municipal officials was well attended and observed by some 25 citizens. CBC television and a reporter from the local Coast Guard newspaper also were present.

Municipal officials each had an opportunity to identify priorities in each of their communities and Minister Paris provided those assembled with assurances that the new government placed a high priority on face to face communications and focused efforts to help rural communities with their development efforts.

All in all..... I think it was a good first meeting and gave local officials, as well as residents, an opportunity to take the measure of our new government and for these two ministers to conclude that they and their colleagues should come to Shelburne County more often.......

Gawd..... Does it Ever End?!?

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Here's a decision everyone should read..... http://townofyarmouth.ca/agenda/files2/00200/217/request_for_decision_prepayment_to_yaic.pdf


Read this carefully dear reader..... and ask yourself why the three CAO's joining the Audit Committee and chairing the audit committee is an integral part of this decision....... YAIC is broke.... the same organization run by Mr. Anderson and his supportive Board of Directors... in fact in some instances the same characters running SWSDA..

Read Shelburne County Today for details and the search by Yarmouth County municipalities for transparency or go to the URL above to read the background document......and pass it on to those who still believe that Mr. Anderson and SWSDA should manage anything in Shelburne County.

Oh...... Did I mention?

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Spoke to Service Nova Scotia representative today and was told that to his knowledge the former Minister Jamie Muir did not write a separate letter to SWSDA about the UNSM's resolution on the provision of municipal guarantee's for RDA's.... SURPRISE!

Rather.... I am told that the Department wrote to the Union of Nova Scotia Municipalities (UNSM), providing a response to all of the resolutions passed by the UNSM.. You can find this resolution and the purported response at http://www.unsm.ca/index.php?option=com_docman&task=cat_view&gid=157&Itemid=102


Let's read this "response" from the Minister and see if we should be reading between the lines..... Here's what his "response" says.......

1. "There are a number of issues that have to be taken under consideration..." Where I come from this means.... Whoa... not so fast..... this is more complicated than you suggest....

2. "...for this request to move away from the long established policy that limits guarantees..." I believe in government-speak this means.... We've had this policy for a long time and it is well established.... we really would need incredibly good reasons and justification for changing the way we've done it .

3. "My Department will discuss this matter with the Department of Economic Development..." This means.... it will get complicated and they may not be willing to support this suggestions so we make no promises.

4. "...as well as the Municipal Finance Corporation, the entity responsible for issuing borrowing debentures on behalf of municipal government." As I read it this means.... and if the Department of Economic Development has no objections.... my fallback position will be to refer this to the guys who really decide the borrowing and lending powers of municipalities.... Hey ... pay attention... we're talking BORROWING DEBENTURES HERE! Not just loan guarantees..... this is complicated stuff....


RESPONSE:
There are a number of issues that have to be taken under consideration for this request
to move away from the long established policy that limits borrowing guarantees to
municipal corporations that have established under the Municipal Government Act. My
Department will discuss this matter with the Department of Economic Development,
who is responsible for the Regional Community Development Act, as well as the
Municipal Finance Corporation, the entity responsible for issuing borrowing debentures
on behalf of municipal government.
The Honourable Jamie Muir

NOPE..... THIS IS THE KIND OF RESPONSE GOVERNMENT WRITES WHEN THE ANSWER IS NO.... I WOULDN'T TAKE MUCH COMFORT FROM IT IF I WERE MR. ANDERSON....

Indeed... it looks like Mr. Anderson is trying to make something out of thin air.... sorry... doubt it'll work this time......

What do you think?

So ......Ask Frank!

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And that is just what they did......

Three ladies from Shelburne were in Yarmouth today and were talking about my earlier question about SWSDA's Annual General Meeting (AGM) and SWSDA's Audited Financial Statements to the end of March 2009.

Sooo.... being the concerned citizens that they are...... they stopped in at SWSDA and asked Mr. Anderson himself!!!!

And, now we have it directly from the horse's mouth.... AGM and financial statements are scheduled for mid- September.... sometime.......!!!


Thanks ladies... couldn't have done it without you!

If you have unanswered questions or if you would like documents from SWSDA .... call or write Frank and ask him......I hear he is obliging (;-).....

Here's his contact information:

P.O. Box 131, 233 Water Street, Yarmouth NS B5A 1M1 Tel: 902-742-3210 Fax: 902-742-3107 Email: yarmouthinfo@swsda.com or frank@swsda.com

Let us know if you get a response........

Ed

Lessons in Public Service...

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When I heard it.... it bothered me......!!

Monday evening at the ..... the Municipality of Barrington Council Meeting I watched with interest as private citizens who had been kept in the dark about a mink ranch development initiative, questioned the Warden and Council members and sought to stop the project.

Then I heard Councillor El-Jakl and Warden Halliday .... each state that they personally had done the best they could for the municipality, ensuring that everything that was done, " ...was done legally...". Something about those statements bothered me and over the last few days the thought has been buzzing around in my head .... what's wrong with doing things legally?

Of course.... that's not the problem.... the problem is that elected officials and public servants aren't just called upon to do things legally..... they are required by the positions they have been entrusted with to... "...do the right thing...".

That dear reader is more.... indeed much more... than doing things legally.

Rather, my fellow citizens .... in addition to meeting legal requirements, we expect elected officials and hired staff in our governments to use common sense, their training, skills, connections and experience to guide their interventions on behalf of the public.... and we expect them to seek expert advice and public input without hesitation when appropriate if the public's interests might be at risk or if the public has private and/or collective interests that might be impacted by decisions made by government.

On the other hand.... it is hard to see how the public can be expected to participate and provide meaningful, constructive input into government deliberations if those charged with the responsibility of providing government services, insist on keeping public information and deliberations secreted to the back-rooms by using trumped-up pretexts to justify in camera sessions and confidentiality.

Oh... and to make sure I am not misunderstood.... my view is that this tendency to secrecy is not a new phenomenon and did not start with the present pool of elected officials and civil servants... the problem has existed for some time and unfortunately it is now being visited on people who have simply continued to do things they way they were always done.

Solution.....!! Stop doing things the way they were always done .... and devise ways to conduct public affairs in a manner that ensures that the public is informed and engaged so that they can contribute to the healthy conduct of public affairs.

My two cents!

Ed

No Better Way to Celebrate Democracy 250!!

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Well dear reader.... it appears we are beginning a new political era.... with the opening to the public of Friday's meeting between municipal officials in Shelburne County and new Provincial Ministers who are responsible for six portfolios. Providing the public with the opportunity to hear the questions asked and the answers given is what democracy is all about......

As you can tell from the comments of your fellow readers ..... hopes and expectations are high (for the most part).... even though some comments remain cynical and critical. More importantly folks appear ready to demand more openness from our politicians and public servants in the conduct of public affairs....

Witness the recent public outcries and demands for answers ..... in Barrington, Tusket, the Municipality of Yarmouth ..... and even the Town of Yarmouth.... a call to stop public bodies from conducting public business behind closed doors with little recorded evidence of what transpired has gone out from the public and smart politicians will heed the call.... now!

This fledgling movement .... for access to information and transparency must be at the heart of informed dialogue between government and the governed respecting public issues .... and that is terrific!

Friday's opportunity for the public to listen in on a conversation between two levels of government ......is an important first step on the path to better governance and bodes well for the future..... I'm certainly looking forward to it and I hope you are too.

By the way...... If you get a chance to attend you might consider bringing along your older children and explaining to them the importance of informed public participation in a democracy..... they'll thank you in the years to come.

PUBLIC INVITED TO OBSERVE!

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THE GOOD NEWS IS......

YOUR ARE INVITED TO OBSERVE
THE MEETING OF MINISTERS PARIS AND BELLIVEAU
WITH SHELBURNE COUNTY
MUNICIPAL POLITICIANS & OFFICIALS

AUGUST 28, 10:30 A.M.
KING STREET COMMUNITY CENTRE
(FIRE HALL)

CONCERNED CITIZENS MEETING WITH MINISTER!

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Dear Reader,

It appears I have made a mistake and my mother used to say if you do..... the best thing is to apologize quickly.

I made a mistake and want to apologize to Sterling Belliveau and Percy Paris for any inconvenience caused by my premature announcement of a public meeting with the Minister this coming Friday. This confusion is my fault and I am sorry.

Unfortunately, I was in error announcing a public meeting at this time....for that, I also want to apologize to my readers.

Sincerely,

Ed Cayer

Accountability - Residents of Municipality of Barrington

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Concerned Citizens in Barrington

This Week's Coast Guard reports about.... local concern in Barrington about a land deal involving SWSDA, the Yarmouth Industrial Commission, transfers of money from Barrington to SWSDA and commitments to provide more land..... with lots of unanswered questions....

Check out Shelburne County Today for details in the coming days. In the meantime, readers who have a bit of a command over our two official languages might be interested in reading or listening to today's report broadcast on Radio Canada from Clare reporter Danielle Marchand should go to the url below.

http://www.radio-canada.ca/regions/atlantique/2009/08/19/002-NE-enquete-agence.shtml

Qeustions, Questions.... What's your Answer?

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Aug 18, 1:54 PM Anon. Asked my motive......for asking all this questiosn a few posts ago.....

Simple...... those are the questions that need to be answered by the community if you are setting up a new RDA.... or they will be decided by the folks in Halifax.

Soo... let's start the survey.

Question # 1 ... Would you like your new RDA to serve Clare, the present municipalities in Yarmouth County as well as the five in Shelburne?

Question # 2 ... Would you prefer your new RDA to serve only Shelburne County?

Question # 3 ... Would you prefer your new RDA to serve only Eastern or Western Shelburne County?

In addition to your vote, your views on which would be most beneficial to your community would be interesting.

Send them in today along with your vote and get others to express their views.....

Psst... Want to know a Secret?

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SECRET MEETING ARRANGED & CANCELLED

Just got a copy ..... and wanted to share......

----- Original Message -----

From: Frank Anderson Cc: Frank Anderson ; Dave Warner

Sent : Thursday, June 25, 2009 3:38 PM
Subject: Invitation Please advise your alternate of this meeting.

To all board members: We have been able to organize a meeting with senior representatives of the Department of Economic and Rural Development (Neal Conrad) and the Atlantic Canada Opportunities Agency (Mel Coombs) for Thursday, August 13 at 2:00pm. They will be able to provide some knowledge of the important role that municipalities play in the regional development authority process and how the authority will operate under the Regional Community Development Act of 1996. When the South West Shore Development Authority was established in 1995 as a not-for-profit society, it determined its structure, its operational plan, its priorities and its marketing strategy. Over the years, the authority has continued to provide support for all municipal units and many community groups and carried out their mandate to develop a strategic plan and implement the plan to create economic stability in the region. In preparation for this meeting, they have asked that we put together a list of questions so that they can be prepared with some answers. The session will be held in the boardroom of the South West Authority in Yarmouth. If there is sufficient interest expressed by municipal councils to have other councillors to attend, we will identify a more appropriate location for the meeting. Please mark this in your calendar and provide some of your questions that will help you to understand the process and the Regional Community Development Act.

Frank Anderson Chief Executive Officer

Then on Wednesday August 12 the following message was sent out......


The meeting in Yarmouth tomorrow with Neal Conrad, Economic Development, and Mel Coombs, ACOA, Re: Reincorporation of S.W.S.D.A., has been cancelled until further notice.

When asked about the cancellation some Board members indicated ..... that Halifax cancelled the meeting because they were still preparing written answers to the questions asked by members and councilors.....

Thought you should know....

ENOUGH!

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BEFORE ..... OUR COLLECTIVE COUNCILS HOLD SECRET MEETINGS!
BEFORE ..... WARDENS AND COUNCILLORS MAKE DECISIONS WITHOUT PUBLIC INPUT!
BEFORE .... ELECTED OFFICIALS MAKE DECISIONS ABOUT THINGS THEY HAVEN'T THOUGHT THROUGH!
BEFORE .... MEMBERS OF SWSDA'S BOARD MAKE DECISIONS THAT WE CITIZENS WILL HAVE TO DEAL WITH!
BEFORE... ECONOMIC DEVELOPMENT, ACOA AND SWSDA ENGAGE IN SECRET NEGOTIATIONS!
BEFORE.... OTHERS WITH VESTED INTERESTS IN OUR SOCIAL AND ECONOMIC DEVELOPMENT ARE DISENFRANCHISED!

INVITE CITIZENS TO PARTICIPATE IN AN INFORMED PUBLIC DIALOGUE ABOUT OUR FUTURE RDA OR RDAs.....!!!!

Join the Concerned Citizens Committee of Shelburne County and demand a meeting with councils and officals from Economic Development. To join just send me an email indicating you want to participate in the dialogue to create a new RDA for Shelburne County. Write to aacayer@gmail.com and I will add you to our mailing list and give you an opportunity to sign petitions to get your council to engage in public dialogue.

RDA TUTORIAL TEST QUESTIONS....

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Questions That Need Answers .... Before applications are made to the Minister for any new RDA, here are questions that citizens might want answered to their satisfaction by elected Municipal officials.

1. What municipal areas are to be covered by the new RDA?
2. What three year strategy will the included municipality or municipalities use as their basis for applying to the Minister for the creation of a new RDA, who will prepare the strategy and who will approve it?
3. What shall the new RDA be called?
4. How many members on the Board of Directors should be appointed by the councils of the participating municipalities and how should they be selected for appointment?
5. How many members on the Board of Directors should be representatives of the economic sectors and other relevant groups within the area, who should they represent and how should they be selected?
6. What should be the term of office of members of the Board of Directors of the new RDA and what should be the conditions under which members of the Board of Directors cease to be members of the Board.
7. What should determine the proportion in which each of the participating municipalities contribute to and provide the funds required to meet the expenses of the new RDA?
8. When should these payments be made to the new RDA?
9. What officers should the new RDA have, how should the new RDA be organized and how, when and where should meetings of the new RDA be held for transaction of the RDA's business?
10. What should be the fiscal year of the new RDA?
11. How should the assets of the new RDA be disposed should it cease to operate?
12. What role should the new RDA play in the following areas:
a) advising municipal councils with respect to matters affecting economic and social development;
b) promoting interest in the activities of the RDA;
c) encouraging and assisting the participation of the public, private and voluntary sectors;
d) preparing, updating and implementing a strategy and action plan for the development of the communities within the RDA;
e) encouraging interested groups and the public in participating in the strategic planning process and setting priorities for development action;
f) acting as financial, industrial, promotional, marketing, training and planning advisers with respect to the development of the communities within the RDA in accordance with the strategic plan;
g) encouraging the formation of partnership groups to evaluate, plan and organize implementation of specific development actions and projects that fall within the framework of the strategy;
h) facilitating contact with those who may be able to to provide technical, professional and policy resources needed to enable project groups to be effective;
i) facilitating access to those who may be able to provide funding to implement projects and business plans in accordance with the strategy;
j) provide managerial technical, or other support services to other business or operations of any community development group, company, syndicate, labour group, non-profit organization, cooperative, partnership, enterprise or undertaking in respect of achieving the purpose of the Act;
k) providing training to those individuals or groups involved in regional community planning to assist in the implementation of the strategy;
l) collecting, analyzing and disseminating information;
m) cooperating with governments and agencies of governments?
13. What provisions should the bylaws of the new RDA include respecting:
a) the conduct and duties of the officers and employees of the new RDA;
b) the method of calling meetings and conducting business at meetings;
the order and proceedings of meetings;
c) public access to information respecting the activities of the new RDA and meetings of the RDA?

What now.... well dear reader.... that' is the burning question?!?

Who will decide the public's wishes respecting these questions?

Were any of the present council members, mayor, or wardens elected on a platform respecting the creation of RDAs under the Act?

Of course not..... so without input from the public.... where do they get the mandate to transform the present RDA into the one that likely will determine our social and economic development progress in the coming decade?

NO DEAR READER.... I BELIEVE THE MUNICIPAL COUNCILS IN OUR AREA OWE A DUTY OF DUE DILIGENCE AND PUBLIC CONSULTATION TO VOTERS BEFORE THEY RATIFY MORE OF THE SAME OR A COMPLETELY NEW STRUCTURE....

What do you think? Your views are important......

RDA -101 Tutorial

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INTRODUCTION

The recent decision by the Department of Economic Development to enforce and apply the Regional Community Development Act's provision for incorporation and management of RDAs bodes well for the future..... IF CITIZENS ENSURE THAT MUNICIPAL GOVERNMENTS CREATE LOCAL ORGANIZATIONS THAT ARE TRULY ACCOUNTABLE TO THE PUBLIC.

This posting provides the text of the Act and our commentary for readers in order to familiarize our readers with issues arising as a result of these coming changes.

The recent letter from the Deputy Minister of Economic Development requires all RDAs to be incorporated under the Regional Community Development Act before the end of March 2010..... or lose funding from the Federal and Provincial Governments. As a result, the Deputy's letter provides new opportunities for citizens to regain organizational control of the development agency services provided to citizens in Shelburne County..... IN THE NEXT SEVEN MONTHS!

So what does that mean? In the next 7 months, municipalities in Shelburne County have the opportunity to do one of the following.

1. Re-establish SWSDA as an RDA with its existing membership of nine municipalities by requesting the Minister to incorporate a new body under the Act. Should the Minister agree he will also have the opportunity to agree to a definition of the structure and mandate of the newly-reconstituted RDA.

2. Establish one or more new RDA's to provide development services to one or more muncipalities in Shelburne County to replace the services presently provided by SWSDA. Should this happen, again a new opportunity will present itself to completely re-shape the local RDA servicing our communities.

Here's the Act and commentary......

>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>
Regional Community Development Act
CHAPTER 29
OF THE
ACTS OF 1996
An Act to Encourage and FacilitateCommunity-based Planning forEconomic, Social and Institutional Change

Short title
1 This Act may be cited as the Regional Community Development Act. 1996, c. 29, s. 1.
Purpose of Act
2 The purpose of this Act is to encourage and facilitate community-based planning for economic, social and institutional change by
(a) enabling, upon the request of a municipality or of participating municipalities, the establishment of regional community development agencies to work with the community to plan and carry out regional development strategies and action plans that will further the development of the community;
(b) facilitating the co-ordination of provincial and municipal public sector development programs affecting the roles of private and voluntary sector groups, labour groups, companies, non-profit organizations, co-operatives, universities and community colleges in the support of community development;
(c) assisting regional communities in developing local planning capability, institutional capability, community entrepreneurship and the essential infrastructure that will promote the creation of business investment, jobs and opportunities for individuals through education, training and participation in locally driven ventures; and
(d) improving the economic and social conditions of rural and urban areas of the Province. 1996, c. 29, s. 2.

Comments - It should be noted that the purpose of RDAs is not to replace local efforts by taking over development but rather to support local development capacitybuilding efforts - note in particular 2(a) and ((c).

Interpretation
3 In this Act,
(a) "agency" means a regional community development organization established pursuant to this Act;
(b) "development" means economic, social and institutional change brought about by a broadly representative community process aimed at improving the community as a better place to live and work;
(c) "Minister" means the Minister responsible for the Nova Scotia Economic Renewal Agency, including Tourism Nova Scotia and the Nova Scotia Marketing Agency;
(d) "municipality" means a regional municipality, town or rural municipality;
(e) "participating municipality" means a municipality that is represented on an agency;
(f) "regional community" means the geographic area of one or more municipalities located within the boundary of an area of locally accepted economic development interest;
(g) "regional development strategy" means a three-year comprehensive multi-sectoral economic and social development program prepared in consultation with community groups and individuals. 1996, c. 29, s. 3.

Comments - First please note at 3 (a) that RDAs must be established pursuant to THIS Act... not the Societies Act. For the better part of 13 years Economic Development has permitted SWSDA and others to operate under the Societies Act like "rogue" RDAs, unfettered by the rules and regulations that this Act imposes on real RDAs. Second, please note 3 (b)'s focus on development taking place as directed by a broadly-based and representative community process.... not one controlled and dominated by municipal politicians or their appointees as is presently the case!

Supervision and management of Act
4 The Minister has the general supervision and management of this Act. 1996, c. 29, s. 4.

Personnel
5 Such employees as are necessary for the administration of this Act shall be appointed in accordance with the Civil Service Act. 1996, c. 29, s. 5.

Regional community development agencies
6 (1) Where a municipality or municipalities propose to prepare and adopt a regional development strategy for the municipality or municipalities, respectively, the municipality or municipalities, as the case may be, may request that the Minister establish a regional community development agency for the area covered by the regional development strategy.
(2) Upon receiving a request from a municipality or municipalities pursuant to subsection (1), the Minister may, by order, establish a body corporate to be the regional community development agency for the area covered by the regional development strategy.
(3) An order made pursuant to subsection (2) may specify
(a) the name of the agency;
(b) the regional community for which the agency may exercise powers;
(c) the municipalities that are to be represented on the agency;
(d) the number of members on the agencys board of directors to be appointed by the councils of the participating municipalities;
(e) the number of members of the agencys board of directors to be representatives of the regional communitys economic sectors and other relevant groups;
(f) the term of office of members of the board of directors of the agency and the conditions under which members of the board of directors cease to be members of the board;
(g) the proportions in which each of the participating municipalities shall contribute to and provide the funds required to meet the expenses of the agency, subject to the participating municipalities ability to approve its contribution on an annual basis;
(h) the date when the contribution of each participating municipality is to be paid to the agency;
(i) the officers and organization of an agency and how and when meetings of the agency are to be held and the business of the agency transacted;
(j) the fiscal year of the agency;
(k) such other matters as the Minister deems necessary to carry out effectively the intent and purpose of this Act.
(4) A vacancy on the board of directors of an agency does not impair the right of the remaining members to act or the corporate capacity of the agency.
(5) A member of an agencys board of directors or a municipalitys advisory committee is not entitled to remuneration for serving on the board or committee, excluding reimbursement of expenses actually incurred.
(6) An order made pursuant to this Section may be varied or rescinded by the Minister after notice to all participating municipalities.
(7) The Minister may disestablish an agency and determine the manner of disposing of the assets of the agency. 1996, c. 29, s. 6.

Comments - This section of the Act is VERY important because it provides for the definition of the RDA created at the behest of the municipality or municipalities, its structure, representation, replacement of Board members, the fiscal year, the officers and organization of RDAs and the conduct of their meetings, terms of office, ..... and much more. This section should be the subject of public consultation by municipalities before they approach the Minister to either re-constitute SWSDA or create new RDAs.... AND MUST NOT BE ALLOWED TO TAKE PLACE IN SECRET MEETINGS BETWEEN SWSDA, THE PRESENT BOARD AND PROVINCIAL OR FEDERAL BUREAUCRATS! I have personal views on much of this but would prefer to keep them to myself until we have an opportunity to have a public dialogue about these things.

Powers of agency
7 (1) An agency may
(a) advise the council of any participating municipality with respect to matters affecting the economic and social development of the regional community;
(b) promote interest in activities of the agency and encourage and assist the participation of public, private and voluntary sector groups;
(c) prepare, update at regular intervals and implement a strategy and action plan for the development of the regional community;
(d) encourage interested groups in participating in the strategic planning process and set priorities for development action;
(e) act as financial, industrial, promotional, marketing, training or planning advisers with respect to the development of the regional community in accordance with a regional development strategy;
(f) encourage the formation of partnership groups to evaluate, plan and organize implementation of specific development actions and projects that fall within the framework of the regional development strategy;
(g) facilitate contact with those who may be able to provide technical, professional and policy resources needed to enable project groups to be effective;
(h) facilitate access to those who may be able to provide funding to implement projects and business plans in accordance with a regional development strategy;
(i) provide managerial, technical or other support services to other business or operations of any community development group, company, syndicate, labour group, non-profit organization, co-operative, partnership, enterprise or undertaking in respect of achieving the purpose of this Act;
(j) provide training to those individuals or groups involved in regional community planning to assist in the implementation of a regional development strategy;
(k) collect, analyze and disseminate information;
(l) co-operate with governments and agencies of governments;
(m) perform such other functions or duties as are assigned to an agency by the Minister.
(2) An agency may enter into agreements with the Government of Canada respecting the sharing of expenses associated with the encouraging and facilitating of community development. 1996, c. 29, s. 7.

General powers of agency
8 (1) An agency may exercise such powers as are necessary or conducive to attaining the objects of the agency and, without restricting the generality of the foregoing, may
(a) acquire by way of grant, gift, devise or otherwise funds to carry out the objects of the agency;
(b) invest any money of the agency not immediately required for the purpose of the agency;
(c) enter into agreements with the participating municipalities, the Province or the Government of Canada with respect to the funding of the agency;
(d) employ such persons as are deemed necessary by the agency to carry out the objects and purpose of the agency and determine the remuneration of such persons;
(e) do such other acts or things as are incidental or conducive to the attainment of the objects and purpose of the agency.
(2) Subject to the approval of the Minister, an agency may make by-laws for the internal management of the agency and, without restricting the generality of the foregoing, may make by-laws
(a) respecting the conduct and duties of the officers and employees of the agency;
(b) respecting the method of calling meetings and the conduct of business at meetings;
(c) respecting the order and proceedings at meetings;
(d) designating a name for the person who presides over meetings. 1996, c. 29, s. 8.

Comments - Again, a very important section of the Act that those creating any new RDA under the Act should discuss with the public to determine the public's wishes respecting the operation of the new RDA.

Records and statements
9 (1) An agency shall keep proper books of account and records, which shall be open to the public for inspection upon request.
(2) An agency shall annually cause the accounts of the agency to be examined and audited by a registered municipal auditor who may be paid such remuneration as the board determines.
(3) An agency shall, not later than June 30th in each year, submit to each of the participating municipalities and the Minister an audited statement for the immediately preceding fiscal year showing
(a) the revenue for the immediately preceding fiscal year;
(b) the expenditures;
(c) a revenue fund balance sheet as of the close of the fiscal year;
(d) changes in the surplus or deficit account during that fiscal year with explanations of such changes;
(e) an auditors certificate; and
(f) such other information and accounts as the participating municipalities or Minister may require. 1996, c. 29, s. 9.

Comments - Section 9 has to do with control, transparency and public access to the new RDA's financial reports and accounts. Again, public input in ensuring this section of the act is adhered to is critical to future avoidance of the financial sham we've been subjected to by SWSDA as a result of their secrecy and failed accountability systems.

10 (1) An agency shall, not later than January 31st in each year, submit to the council of each participating municipality for approval an estimate of the amount required from each of them for the purpose of the agency for that year.
(2) Sums paid pursuant to this Act are held to be sums required for the ordinary lawful purposes of the municipality.
(3) Sums paid by a council prior to the coming into force of this Act to an incorporated body whose objects are similar to those of an agency under this Act are deemed to be sums required for the ordinary lawful purposes of the municipality. 1996, c. 29, s. 10.
Annual progress reports
11 An agency shall annually submit to the council of each participating municipality and the Minister a report detailing the progress made in achieving the objectives of the regional development strategy. 1996, c. 29, s. 11.
Interpretation
12 Nothing in this Act means or shall be construed to mean that
(a) an agency created pursuant to this Act is a Crown corporation or an agency of Her Majesty in right of the Province; or
(b) any property, right, privilege or obligation of any agency is the property, right, privilege or obligation of Her Majesty in right of the Province. 1996, c. 29, s. 12.
Regulations
13 (1) The Governor in Council may make such regulations as the Governor in Council deems necessary to carry out effectively the intent and purpose of this Act.
(2) The exercise by the Governor in Council of the authority contained in subsection (1) is regulations within the meaning of the Regulations Act. 1996, c. 29, s. 13.
Repeal
14 Chapter 116 of the Revised Statutes, 1989, the Cumberland Development Authority Act, is repealed. 1996, c. 29, s. 14.
Proclamation
15 This Act comes into force on such day as the Governor in Council orders and declares by proclamation. 1996, c. 29, s. 15.

Proclaimed - April 22, 1997In force - April 22, 1997