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1Section 1 of New Brunswick Regulation 2005-96 under the Municipalities Act is amended by striking out “Municipal Restructuring Regulation” and substituting “Municipal Incorporation and Restructuring Regulation”.

2Section 2 of the Regulation is amended in the definition “plebiscite” by striking out “subsection 4(9) or 5(9)” and substituting “subsection 2.6(8), 5(9) or 6(9)”.

3The Regulation is amended by adding after section 2 the following:

Areas affected

2.1For the purposes of this Regulation, with respect to local service districts, an area affected by an incorporation of a municipality, an annexation of a contiguous area to a municipality or decrease in the territorial limits of a municipality may include one of or a combination of the following:

(a) a local service district;

(b) a portion of a local service district; or

(c) a group of local service districts.

Initiating an incorporation

2.2(1)The Minister may carry out a study to determine the feasibility of incorporating an area as a municipality if

(a) twenty-five or more qualified residents from each local service district in the area petition the Minister to carry out a study to determine the feasibility of incorporating the area as a municipality, and

(b) the area includes a rural community and the rural community council petitions the Minister to carry out a study to determine the feasibility of incorporating the rural community as part of the municipality.

2.2(2)The Minister may carry out a study to determine the feasibility of incorporating a rural community as a municipality if the rural community council petitions the Minister to do so.

2.2(3)The Minister may carry out a study to determine the feasibility of incorporating an area, including a rural community, as part of a municipality if the Minister considers that the incorporation ought to be explored.

Incorporating a municipality

2.3(1)After the study of a feasibility report, the Lieutenant-Governor in Council may incorporate a municipality under section 14 of the Act if there is sufficient local support for the incorporation in the areas affected by the incorporation.

2.3(2)The sufficiency of local support shall be determined in accordance with section 2.5 or 2.6.

2.3(3)The Minister shall consider the following before making a recommendation under section 14 of the Act to incorporate a municipality:

(a) the population of the proposed municipality;

(b) the municipal tax base of the proposed municipality;

(c) the number of local service districts and rural communities to be included in the proposed municipality;

(d) the geographic size of the proposed municipality;

(e) the population density of the proposed municipality;

(f) the impact the incorporation will have on the provision of services in the areas affected by the incorporation; and

(g) the level of local support for the incorporation.

Local support for incorporating a municipality

2.4(1)After the Minister has completed a feasibility study under section 2.2, the Minister shall determine if there is sufficient local support for the incorporation in the areas that will be affected by the incorporation.

2.4(2)For the purposes of subsection (1), the Minister shall determine the areas affected by a proposed incorporation.

Local support in a rural community

2.5There is sufficient local support for the incorporation of a municipality in a rural community if the rural community council passes a resolution supporting the incorporation.

Local support in a local service district for an incorporation

2.6(1)If a local service district will be affected by the incorporation of a municipality, the Minister shall notify all qualified residents of the area affected.

2.6(2)The qualified residents of an area affected shall be provided with the notice under subsection (1) by publication in the area, by prominent posting in the area, by mail or by any combination of the three.

2.6(3)If there are fewer than 51 qualified residents in an area affected, the notice under subsection (1) shall require all qualified residents to advise the Minister in writing, within 15 days of receiving the notice, whether they agree or disagree with the proposed incorporation.

2.6(4)If there are fewer than three qualified residents in an area affected, there is sufficient local support in the area for a proposed incorporation if all of the qualified residents agree in writing with the proposal.

2.6(5)If there are fewer than three qualified residents in an area affected, a qualified resident who does not respond in writing as required by a notice under subsection (1) shall be deemed to have agreed with the proposed incorporation.

2.6(6)If there are more than two but fewer than 51 qualified residents in an area affected, there is sufficient local support in the area for a proposed incorporation if a majority of those who respond in writing to the notice under subsection (1) agree with the proposal.

2.6(7)If there are more than two but fewer than 51 qualified residents in an area affected and no qualified residents respond in writing as required by a notice under subsection (1), there shall be deemed to be sufficient local support in the area for the proposed incorporation.

2.6(8)If there are more than 50 qualified residents in an area affected, the Minister shall order that a plebiscite of the qualified residents of the area be held to determine the level of local support in the area for a proposed incorporation.

2.6(9)If there are more than 50 qualified residents in an area affected, there is sufficient local support in the area for a proposed incorporation if a majority of those voting at a plebiscite held under subsection (8) vote in favour of the proposal.

4Section 3 of the Regulation is amended by striking out “area affected” and substituting “areas affected”.

5Section 4 of the Regulation is amended

(a) in subsection (3) by striking out “of the area” and substituting “of the area affected”;

(b) in subsection (4) by striking out “area” and substituting “area affected”;

(c) in subsection (5) by striking out “in an area” and substituting “in an area affected”;

(d) in subsection (6) by striking out “in an area” and substituting “in an area affected”;

(e) in subsection (7) by striking out “in an area” and substituting “in an area affected”;

(f) in subsection (8) by striking out “in an area” and substituting “in an area affected”;

(g) in subsection (9) by striking out “in an area” and substituting “in an area affected”;

(h) in subsection (10) by striking out “in an area” and substituting “in an area affected”.

6Section 5 of the Regulation is amended