1(1)The following definitions apply in this Act.

1(2)In this Act, a reference to a local government is a reference to the body corporate or to the area inside the territorial limits of the local government, as the context requires.

2(1)If a provision of this Act or a regulation made under this Act conflicts with or is inconsistent with a provision in a municipal charter or a private or special Act, this Act or the regulation made under this Act, as the case may be, prevails; but the Lieutenant-Governor in Council may by regulation extend the powers of a local government to include a power set out in its municipal charter or in a private or special Act respecting that local government.

2(2) If there is an inconsistency between a by-law of a local government and this Act or a regulation under this Act or any other Act or regulation, the by-law is of no effect to the extent of the inconsistency.

4(1)The residents of a local government created under this Act are incorporated as a body corporate under the name prescribed for the local government under this Act.

4(2)A local government shall have a corporate seal that its council may alter or change.

4(3)Except as provided by regulation, no agreement, contract, instrument or other document to which a local government is a party has any force or effect unless it is

4(4)The Corporations Act does not apply to a local government.

6(1)Subject to this Act or any other Act, a local government has the capacity, rights, powers and privileges of a natural person.

6(2)A local government only has the capacity, rights, powers and privileges of a natural person in respect of municipal purposes.

6(3)The powers of a local government are vested in and shall be exercised by its council.

6(4)Anything begun by one council may be continued or completed by a succeeding council.

6(5)A local government may enter into an agreement to provide services, utilities and facilities to persons outside the territorial limits of the local government.

6(6)A local government may participate in an airport commission and may enter into an agreement for that purpose.

8(1)Subject to subsection (2), a local government may, for a municipal purpose, establish a corporation or acquire or hold securities of a corporation for any one or more of the following purposes:

8(2)A local government shall not establish a corporation that operates for the purpose of making a profit or acquire or hold securities of a corporation that operates for that purpose.

9(1)A council may, by by-law, delegate any of its powers, duties or functions under this Act, any other Act or a by-law to a committee of the council, an officer of the local government or a corporation referred to in subsection 8(1) unless this Act or any other Act or by-law provides otherwise.

9(2)In a delegation under subsection (1), the council may impose on the delegate the terms and conditions it considers appropriate.

9(3)A council shall not delegate

9(4)In a delegation under subsection (1), the council may authorize the delegate to subdelegate the powers, duties or functions and to impose on the subdelegate the terms and conditions that the delegate considers appropriate.

10(1)Subject to this Act, without limiting the generality of section 6, a local government may make by-laws for municipal purposes respecting

10(2)A local government shall make by-laws

10(3)A municipality shall make by-laws respecting the provision of the service of police protection.

10(4)A rural community or a regional municipality may make by-laws respecting the provision of the service of police protection.

10(5)If a matter prescribed by regulation for the purposes of paragraph (2)(a) conflicts with a provision of a municipal charter or a private or special Act, a local government may make a by-law under paragraph (2)(a) that does not include that prescribed matter.

10(6)Without limiting the generality of subsections (1) to (4), a by-law made under those subsections respecting a matter may

14(1)A by-law of a local government applies only inside the territorial limits of the local government unless a provision of this or another Act provides otherwise.

14(2)For greater certainty, a by-law of a local government made under section 10 does not apply in relation to

15(1)To be effective a by-law shall

15(2)Subject to subsections (3), (4) and (5), to be effective, a by-law shall be read

15(3)Instead of being read in its entirety, a summary of a by-law may be read if

15(4)Instead of being read in its entirety, a summary of a by-law that amends a by-law may be read if

15(5)A by-law that repeals a by-law in one official language and substitutes it with the same by-law in both official languages, or a by-law in one official language that is amended by adopting a version of the by-law in the other official language, shall be deemed to be an amendment to a by-law and a summary of the by-law may be read in accordance with subsection (4).

15(6)Unless all the members present declare by resolution that an emergency exists, not more than two of the three readings by title may take place at one meeting of council.

15(7)A proposed by-law may be amended at any time before third reading by title.

15(8)If a provision of this Act imposes a requirement that two-thirds of the members or all the members of a council vote in favour of a by-law in order to make the by-law, it shall be sufficient compliance with the provision if two-thirds of the members or all the members of a council, as the case may be, vote in favour of the by-law on third reading by title.

21(1)Before making a recommendation under subsection (2), the Minister shall conduct a feasibility study to determine whether to recommend

21(2)The Minister may make a recommendation to the Lieutenant-Governor in Council relating to any of the actions referred to in paragraphs (1)(a) to (f).

22(1)If the Minister has made a recommendation under subsection 21(2) and the requirements of this Act and the regulations have been met, the Lieutenant-Governor in Council may, by regulation, incorporate the residents of an area as a local government.

22(2)The residents of an area with a population of at least 10,000 may be incorporated as a city.

22(3)The residents of an area with a population of at least 1,500 may be incorporated as a town.

22(4)The residents of an area with a population of at least 15,000 and that contains at least one municipality may be incorporated as a regional municipality.

24(1)If the Minister has made a recommendation under subsection 21(2) and the requirements of this Act and the regulations have been met, the Lieutenant-Governor in Council may, by regulation, amalgamate two or more local governments.

24(2)If the Minister has made a recommendation under subsection 21(2) and the requirements of this Act and the regulations have been met, the Lieutenant-Governor in Council may, by regulation, amalgamate two or more local governments and may annex contiguous areas to the resulting amalgamated local government.

24(3)Despite subsection (2), if more than one area is to be annexed to a local government, and those areas constitute a group, the Lieutenant-Governor in Council may, by regulation, annex the group to the local government if

24(4)An area referred to in subsection (3) shall be deemed to be a contiguous area.

24(5)Subject to subsection (6), an amalgamation may be effected under this section if the council for each local government that would be affected by the amalgamation passes a resolution in favour of the amalgamation.

24(6)If the resolutions referred to in subsection (5) have not been passed by the local governments affected by an amalgamation, an Act of the Legislature is required to effect the amalgamation.

25(1)If the Minister has made a recommendation under subsection 21(2) and the requirements of this Act and the regulations have been met, the Lieutenant-Governor in Council may, by regulation, annex a contiguous area to a local government.

25(2)Despite subsection (1), if more than one area is to be annexed to a local government, and those areas constitute a group, the Lieutenant-Governor in Council may, by regulation, annex the group to the local government if

25(3)An area referred to in subsection (2) shall be deemed to be a contiguous area.

28(1)Subject to section 21, the Minister may conduct a feasibility study to determine whether to recommend an amalgamation, an annexation, both an amalgamation and an annexation or a decrease in territorial limits

28(2)Twenty-five or more persons qualified to vote under the Elections Act, and resident in a local service district contiguous to a local government may petition the Minister to institute annexation proceedings for that area.

28(3)The date for determining whether the elector qualifications under the Elections Act are met is the date of the making of the petition.

29(1)Subject to section 21, the Minister shall conduct a feasibility study to determine whether to recommend the dissolution of a local government after being petitioned by the council of the local government or the Minister may, on his or her own initiative, conduct a feasibility study to determine whether to recommend the dissolution of a local government.

29(2)If the Minister has made a recommendation under subsection 21(2) and the requirements of this Act and the regulations have been met, the Lieutenant-Governor in Council may dissolve the local government by regulation and establish a local service district.

29(3)The Minister may appoint a person to carry out any of the actions necessary and incidental to the dissolution.

29(4)A person appointed under subsection (3) may be the same person appointed as supervisor under the Control of Municipalities Act.

29(5)If a local service district is established under subsection (2), the Lieutenant-Governor in Council may make a regulation defining its territorial limits.

29(6)In a regulation dissolving a local government, the Lieutenant-Governor in Council may

29(7)The Minister may, by order, prescribe that a service be provided for a local service district established under subsection (2) or for an area within that local service district or prescribe that a service be discontinued for the local service district or for an area within the local service district.

29(8)The Regulations Act does not apply to an order made under subsection (7).

29(9)Within one and one-half years after the effective date of a dissolution, the Minister shall review the rural plan of the local service district and, if the Minister considers it to be advisable, amend it.

32(1)The Lieutenant-Governor in Council may, in a regulation effecting an incorporation, amalgamation, annexation or a decrease in territorial limits of a rural community or a regional municipality,

32(2)If a rural community or a regional municipality makes a by-law under section 10 that prescribes that a service be provided by the rural community or regional municipality that had previously been prescribed as being provided by the Minister in a regulation under paragraph (1)(a), the service provided by the Minister shall be discontinued without requiring an amendment to the regulation.

32(3)If a rural community or a regional municipality makes a by-law under section 10 that discontinues a service that had previously been prescribed as being provided by the rural community or regional municipality under paragraph (1)(c), the service shall be discontinued without requiring an amendment to the regulation.

35(1)In this section, “effective date of the restructuring” means the effective date of the incorporation, amalgamation, annexation or decrease in territorial limits of a local government in a regulation made under subsection 22(1), 24(1) or (2) or 25(1) or section 26.

35(2)Despite any provision of this Act or any other Act, if a first election for a council is held before the effective date of the restructuring

35(3)Despite any provision of this Act or any other Act, if a first election for a council is held before the effective date of the restructuring, a member of council of an affected local government

35(4)Despite any provision of this Act or any other Act, if a first election for a council is held before the effective date of the restructuring, the council of an affected local government shall continue to exercise its powers in relation to the day-to-day activities of the local government but on and after the day set for the election of the first council of the new local government, the council of the affected local government shall not, unless expressly authorized by the Lieutenant-Governor in Council,

35(5)If a council acts in contravention of subsection (4), that action is void and has no effect.

35(6)Despite any provision of this Act or any other Act, if a first election for a council is held before the effective date of the restructuring, the first council of the new local government, on taking the oath of office or making the affirmation of office and before the effective date of the restructuring

35(7)If a transitional budget is submitted under paragraph (6)(b), the expenses incurred by the first council under this section shall be deemed to be an expense of the new local government and shall be included in the estimate of the money required for the operation of the new local government adopted under paragraph 99(2)(a) for the first fiscal year.

35(8)If no transitional budget is submitted under paragraph (6)(b), the remuneration, expenses and salaries referred to in subparagraphs (6)(b)(i) to (iii) shall be deemed to be an expense of any former local government or former local service district affected and shall be included in their financial results.

35(9)The Minister of Finance and Treasury Board may advance to the first council an amount determined under paragraph (6)(b) and that amount may be recovered by the Minister of Finance and Treasury Board from any amount to be paid to the new local government under the Community Funding Act following the effective date of the restructuring.

35(10)Despite any provision of this Act or any other Act, if a first election for a council is held before the effective date of the restructuring, the first council of the new local government, on taking the oath of office or making the affirmation of office,

35(11)The first council may, by resolution during the period between the taking of the oath of office or the making of the affirmation of office and six months after the effective date of the restructuring, revoke the appointment of an officer appointed by an affected local government and

35(12)A resolution under subparagraph (11)(b)(i), (ii) or (iii) passed before the effective date of the restructuring shall not be effective until the effective date of the restructuring.

35(13)A resolution under subparagraph (11)(b)(iii) requires two-thirds of the members of council to vote in favour of its passing.

35(14)The clerk of the new local government shall cause a certified copy of the resolution under subsection (11) to be served on the officer of the affected local government within seven days after the passing of the resolution.

35(15)The council of an affected local government shall provide to the first council of the new local government all information requested by the first council of the new local government.

35(16)The Minister may

35(17)A member elected to a first council of a new local government before the effective date of the restructuring does not have a conflict of interest in relation to a matter before that first council for consideration by reason only that the member is also a member of the council of an affected local government.

35(18)A member of council of an affected local government does not have a conflict of interest in relation to a matter before the council of the affected local government for consideration by reason only that the member is also a member elected to a first council of a new local government before the effective date of the restructuring.

36(1)In this section, “resident” means resident within the meaning of section 14 of the Municipal Elections Act.

36(2)Except as provided under this section or in a regulation under subsection 22(1), 24(1) or (2) or 25(1) or section 26, the Municipal Elections Act applies to a first election for council and the first election shall be held in accordance with the Municipal Elections Act.

36(3)A first election shall not be held in the six-month period after a general election is held.

36(4)If a first election is held at the same time as a general election, the Municipal Electoral Officer may, on or after January 1 in the year in which the election is to be held, change the polling divisions determined under subsection 10(1) of the Municipal Elections Act and revise the list of polling divisions prepared under subsection 10(2) of the Municipal Elections Act to provide for any revised polling divisions that are necessary for the conduct of the first election.

36(5)A person is not qualified to be a candidate for the office of mayor or councillor of a local government in a first election unless the person has been resident within the territorial limits of the local government, as the territorial limits of the local government are described under the regulation effecting the incorporation, amalgamation, amalgamation and annexation, annexation or decrease in territorial limits of the local government, for at least six months immediately before the election.

36(6)If a first election is held in a local government that is divided into wards, a person is not entitled to be a candidate for the office of councillor for a ward unless the person is resident in the ward, as that ward is described under the regulation effecting the incorporation, amalgamation, amalgamation and annexation, annexation or decrease in territorial limits of the local government, at the time of the person’s nomination.

36(7)If a first election is held in a local government that is divided into wards, the voters resident in a ward shall vote only for the candidates nominated for that ward unless provided otherwise in the regulation effecting the incorporation, amalgamation, amalgamation and annexation, annexation or decrease in territorial limits of the local government.

36(8)Subsection (7) does not apply to candidates for the office of mayor or councillor at large.

36(9)If a first election is held at the same time as a general election, the Municipal Electoral Officer shall give a notice of election in relation to the local government as described under the regulation effecting the incorporation, amalgamation, amalgamation and annexation, annexation or decrease in territorial limits but shall not give a notice of election in relation to the local government that exists before the effective date of the incorporation, amalgamation, amalgamation and annexation, annexation or decrease in territorial limits of that local government.

36(10)Except if a first election is held at the same time as a general election and subject to subsection (11), the preliminary voters list for a first election shall be the most recent voters list prepared for the previous election.

36(11)The Municipal Electoral Officer may, if the Municipal Electoral Officer considers it advisable, prepare a new voters list for the first election in accordance with the Municipal Elections Act.

36(12)If there is a conflict between a provision in a regulation made under subsection 22(1), 24(1) or (2) or 25(1) or section 26 and a provision of this section, the provision in the regulation prevails.

38(1)Despite any other provision of this Act or the Community Planning Act, when the residents of a local service district are incorporated as a new local government, any rural plan or any portion of a rural plan or any other regulation under the Community Planning Act that is designated in the regulation effecting the incorporation shall be deemed to be the municipal plan, rural plan, zoning by-law or other by-law, as designated in the regulation, of the local government as of the effective date of the incorporation and shall be deemed to be validly made in accordance with this Act and with the Community Planning Act.

38(2)If the residents of two or more local service districts are incorporated as a new local government, subsection (1) applies with the necessary modifications to any regulation under the Community Planning Act that is designated in the regulation made effecting the incorporation as a municipal plan, rural plan, zoning by-law or other by-law, as the case may be, of the portion of the new local government designated in the regulation effecting the incorporation.

38(3)The council of a newly incorporated local government shall conduct a review of any municipal plan, rural plan, zoning by-law or other by-law deemed to be such under subsection (1) or (2) within five years after the effective date of the incorporation and shall report the results of the review to the Minister in writing.

38(4)A municipal plan, rural plan, zoning by-law or other by-law deemed to be such under subsection (1) or (2) shall remain in force in the new local government until repealed by the council.

39(1)Despite any other provision of this Act or the Community Planning Act, when a contiguous local service district is annexed to a local government, any rural plan or any portion of a rural plan or any other regulation under the Community Planning Act that is designated in the regulation effecting the annexation shall be deemed to be the municipal plan, rural plan, zoning by-law or other by-law, as designated in the regulation, of the annexed area as of the effective date of the annexation and shall be deemed to be validly made in accordance with this Act and with the Community Planning Act.

39(2)Despite any other provision of this Act or the Community Planning Act, when an area that is part of one local government is annexed to another local government, the zoning by-law or the zoning provisions in the rural plan of the local government from which the area is annexed shall be deemed to be the zoning by-law or the zoning provisions of the annexed area as of the effective date of the annexation and shall be deemed to be validly made in accordance with this Act and the Community Planning Act.

39(3)Despite section 31 of the Community Planning Act, if there is a conflict between the municipal plan of an annexing local government and a zoning by-law deemed to be such under subsection (1) or (2), the zoning by-law prevails.

39(4)If subsection (1) or (2) applies to an annexation, the council of the annexing local government shall within one and one-half years after the effective date of the annexation review and amend the municipal plan and zoning by-law or rural plan of the local government so that the municipal plan and zoning by-law or rural plan incorporates the provisions of the municipal plan, rural plan, zoning by-law or other by-law deemed to be such under subsection (1) or (2).

39(5)A municipal plan, rural plan, zoning by-law or other by-law deemed to be such under subsection (1) or (2) shall remain in force in the annexed area until repealed by the council.

40(1)The incorporation of local government as a different category of local government does not affect the by-laws then in force in the local government and they remain in force until repealed by the council.

40(2)The amalgamation of two or more local governments does not affect the by-laws then in force in each of the former local governments and they remain in force in each former local government until repealed by the council of the new local government.

40(3)Subject to sections 39 and 107, when an area is annexed to a local government, the by-laws of the local government extend to the annexed area.

40(4)When the territorial limits of a local government are decreased, the by-laws of the local government continue to apply in its reduced territorial limits.

41(1)If two local governments are amalgamated or if a local government is incorporated as a different category of local government, all the assets and liabilities of the former local government or local governments and its or their local commissions are assets and liabilities of the new local government and the new local government for all purposes stands in the place and stead of the former local government or former local governments.

41(2)When the territorial limits of a local government are decreased, its assets and liabilities and those of its local commissions shall be adjusted in accordance with an agreement between the local government and any other local government that is affected.

43(1)Subject to subsection (2), the council of a local government that is not divided into wards for election purposes shall consist of

43(2)A local government may change the composition of its council by making a by-law that increases the number of councillors for the purposes of paragraph (1)(b).

44(1)Subject to subsection (2), the council of a local government divided into wards for election purposes consists of

44(2)A local government may change the composition of its council by making a by-law that

44(3)Only the voters residing in a ward shall vote for the candidates nominated for that ward.

45(1)A notice of intention to make a by-law under section 42, subsection 43(2) or 44(2), describing the proposed by-law by title and generally by subject matter, and specifying the date and location of the meeting at which the by-law will be considered shall be given in the following manner in order for the by-law to be effective:

45(2)A by-law referred to in subsection (1) requires a majority of the council to vote in favour of making the by-law.

45(3)No by-law referred to in subsection (1) comes into force until it has been filed by the council with the Municipal Electoral Officer.

45(4)Despite subsection (3), in order for a by-law referred to in subsection (1) to apply to a general election it must be filed with the Municipal Electoral Officer more than six months before the election.

45(5)Subject to subsections (4) and (10), no changes to the wards of a local government or to the composition of its council in a by-law referred to in subsection (1) shall be effective until the general election that follows the making of the by-law.

45(6)A by-law made under subsection 43(2) or 44(2) shall not be amended or repealed within four years after the commencement of the by-law or its most recent amendment.

45(7)Subsection (6) does not apply to a by-law made under subsection 43(2) or 44(2) as the consequence of an amalgamation or annexation.

45(8)A by-law made under section 42 shall not be amended or repealed to alter the limits of a ward of the local government within four years after the commencement of the by-law or its most recent amendment.

45(9)Despite subsection (8), a by-law made under section 42 may be amended or repealed to alter the limits of a ward of the local government if the territorial limits of the local government are altered.

45(10)No by-law respecting the division of a local government into wards shall be made, amended or repealed during the period of six months preceding the date fixed for the general election.

45(11)Subsection (10) does not apply during the six months preceding the date of a first election under this Act.

46(1)If a local government is divided into wards in a regulation effecting an incorporation, amalgamation, annexation or a decrease in territorial limits of the local government,

46(2)If a council does not make a by-law under section 42 to take effect after the expiration of the four-year period referred to in subsection (1), the division of the local government into wards in the regulation shall be deemed to be the division of the local government into wards by by-law of the council until the local government makes a by-law under the authority of section 42 dividing the local government into wards.

46(3)Despite subsection (1), after being petitioned by a council, the Minister may, within the four-year period referred to in that subsection, approve a by-law made by the council in which a local government is divided into wards that differ from the wards under the regulation referred to in that subsection.

47(1)If the composition of a council is determined in a regulation effecting an incorporation, amalgamation, annexation or a decrease in territorial limits of the local government,

47(2)If a council does not make a by-law under the authority of subsection 43(2) or 44(2), as the case may be, to take effect after the expiration of the four-year period referred to in subsection (1), the composition of the council determined in the regulation shall be deemed to be the composition of the council determined by by-law of the council until the local government makes a by-law under the authority of subsection 43(2) or 44(2), as the case may be, determining the composition of the council.

47(3)Despite subsection (1), after being petitioned by a council, the Minister may, within the four-year period referred to in that subsection, approve a by-law made by the council in which the composition of the council differs from the composition of the council determined under the regulation referred to in that subsection.

48(1)The mayor of a local government shall

48(2)Despite subsection (1), the mayor of a local government is subject to the direction and control of council and shall abide by the decisions of council.

48(3)The council of a local government shall elect a deputy mayor in accordance with a procedural by-law made under paragraph 10(2)(a).

48(4)In the absence of the mayor or the inability of the mayor to act, or if the office of mayor is vacant, the deputy mayor shall act in the place of the mayor, and while so acting, the deputy mayor possesses the powers and shall perform the duties of the mayor.

48(5)In the absence of the deputy mayor or the inability of the deputy mayor to act under subsection (4), council shall appoint a councillor to act in the place of the mayor, and while so acting, the councillor appointed possesses the powers and shall perform the duties of the mayor.

48(6)A councillor of a local government shall

49(1)If a local government makes any payments to its mayor and councillors, it shall make a by-law that specifies

49(2)A by-law made under subsection (1) requires a majority of the members of council who are voting to vote in favour of making the by-law.

50(1)A vacancy results in a council when

50(2)A vacancy does not result when the number of members of a council is increased in a by-law made under subsection 43(2) or 44(2).

51(1)Subject to subsections (3) and (4), the council shall by resolution within two months after the date that a vacancy arises, declare any vacancy resulting under paragraphs 50(1)(b) to (h) and any resignation provided for in subsection 55(3) and, within ten days after the declaration, the clerk shall forward a certified copy of the resolution to the Municipal Electoral Officer, who shall hold a by-election to fill the vacancy.

51(2)If by reason of any vacancy resulting under paragraphs 50(1)(b) to (h) a quorum can no longer be constituted, the Minister shall declare the vacancy and, within ten days after the declaration, the clerk shall forward a certified copy to the Municipal Electoral Officer, who shall hold a by-election to fill the vacancy.

51(3)The Municipal Electoral Officer shall declare any vacancy resulting under paragraph 50(1)(a) and shall hold a by-election to fill it.

51(4)A by-election shall not be held during the 12 months immediately preceding the date of a general election, provided that this does not prevent a by-election from being held during the 12 months immediately preceding the date of the first general election referred to in subsection 54(2) to fill a vacancy in a council to which subsection 54(2) applies.

52(1)If, as a result of a vacancy in council resulting under paragraph 50(1)(a), a quorum cannot be constituted, the Minister may reduce a council’s quorum requirements until the vacancy is filled by a by-election under subsection 51(3).

52(2)If, after the Municipal Electoral Officer has given two Notices of Election for a by-election, there are still insufficient members for a quorum to be constituted, the reduction in quorum requirements under subsection (1) shall remain in place until the next general election.

53(1)If by reason of paragraph 50(1)(a) a vacancy in a council exists and the vacancy remains after the Municipal Electoral Officer has given two Notices of Election for a by-election, the Minister may reduce the composition of the council by the number of vacancies on council.

53(2)The Minister shall file a reduction in council composition under subsection (1) with the Municipal Electoral Officer and the reduction shall remain in place until the composition of council is changed by a by-law under subsection 43(2) or 44(2), as the case may be.

54(1)General elections shall be held on the second Monday in May for the year 2020 and every fourth year after that date.

54(2)If a first election is held for a local government in accordance with a regulation effecting an incorporation, amalgamation, annexation or a decrease in territorial limits of the local government within one year before the date set for a general election, the second election held for that local government shall be the second general election that is held after the date of the first election.

55(1)A member of council is elected to hold office until the first meeting of an incoming council following a general election.

55(2)Subject to subsection (3), a member who resigns is not qualified to be a candidate at a by-election held to fill the vacancy created by his or her resignation.

55(3)Before a member of council may file nomination papers for any other office of council in a by-election, the member shall resign his or her office as a member not less than 21 days before the day set for the close of nominations and shall without delay send notice of the resignation to the Municipal Electoral Officer.

55(4)The Municipal Electoral Officer shall, on receipt of a resignation notice referred to in subsection (3), without delay declare a vacancy and call for nominations to fill the vacancy so that the vacancy may be filled at the time of the by-election mentioned in subsection (3).

56(1)During the period commencing on the day of a general election and ending on the day of the first meeting of an incoming council, the outgoing council shall continue to exercise its powers in relation to the day-to-day activities of the local government but shall not

56(2)If an outgoing council acts in contravention of subsection (1), the action is void and has no effect.

56(3)Despite subsections (1) and (2), an outgoing council may do those things referred to in subsection (1) if

57(1)If a person who is disqualified from or declared incapable of holding office under this or any other Act is elected and returned as a member of council, the person’s election and return is void.

57(2)A person who is disqualified from or declared incapable of holding office and who, in spite of that, sits or votes, or continues to sit or vote, in a council commits an offence punishable under Part 2 of the Provincial Offences Procedure Act as a category E offence.

58(1)A person elected to an office on a council shall, in accordance with this section, accept the office by

58(2)A person elected to an office on a council in a general election shall take the oath or make the affirmation under subsection (1) on or before the first meeting of council.

58(3)A person elected to an office on a council by acclamation in a by-election shall take the oath or make the affirmation under subsection (1) without delay.

58(4)A person elected to an office on a council in a by-election shall take the oath or make the affirmation under subsection (1) after the expiration of the period referred to in subsection 41.1(1) of the Municipal Elections Act and, if applicable, the expiration of the period referred to in 42(1) of that Act.

58(5)A person elected to an office on a council in a first election under section 36 shall accept the office by taking the oath of office or making the affirmation of office under subsection (1) on the day set in the regulation made under section 31 in respect of that first election.

58(6)Despite subsections (2), (3), (4) and (5), a person elected to office on a council in a general election, a by-election or a first election may take the oath or make the affirmation under subsection (1) at any time following the person’s election if, for reasons of illness or unavoidable absence from the local government, the person is unable to take the oath or make the affirmation within the time prescribed.

58(7)Despite subsections (2), (3), (4), (5) and (6), if an application has been filed under section 41.1 or 42 of the Municipal Elections Act requesting that a recount of votes be made with respect to an election to office on a council in a general election, a by-election or a first election, a person elected to the office shall not take the oath or make the affirmation under subsection (1) until the person has been declared elected by the municipal returning officer or the judge conducting the recount.

58(8)Despite subsections (2), (5) and (6), unless a person’s election was by acclamation, a person elected to office on a council in a general election, a by-election or a first election shall not take the oath or make the affirmation under subsection (1) before the expiration of the period referred to in subsection 41.1(1) of the Municipal Elections Act and, if applicable, the expiration of the period referred to in 42(1) of that Act.

58(9)No person shall take a seat on a council before he or she has accepted office as provided in this section.

58(10)The following persons may administer an oath of office or an affirmation of office:

58(11)Once administered, an oath or affirmation shall be filed with the clerk and the clerk shall record in the minutes of council the taking of every oath and the making of every affirmation under this section.

58(12)Except when excused by council, a person who fails to comply with this section commits an offence punishable under Part 2 of the Provincial Offences Procedure Act as a category B offence.

58(13)A member of council may resign his or her office by filing with the clerk a resignation in writing.

59(1)A council may order a plebiscite on any matter within its powers.

59(2)A plebiscite may be held

59(3)A proposal that is voted on in a plebiscite shall be worded as a question for which a voter may only express a “yes” or a “no” answer.

59(4)If over 50% of those who vote in a plebiscite vote in favour of a proposal, the council shall implement the proposal without delay.

60(1)If a council proposes to change the name of the local government, it shall order a plebiscite on the matter.

60(2)A plebiscite referred to in subsection (1) shall be held in accordance with subsection 59(2).

60(3)If over 50% of those who vote in a plebiscite referred to in subsection (1) vote in favour of the proposed name change, the council shall, without delay, recommend to the Minister that the name of the local government be changed by the Lieutenant-Governor in Council.

60(4)Despite any other Act, on the recommendation of the Minister, the Lieutenant-Governor in Council may by regulation change the name of the local government.

61(1)Despite section 60, a council may

61(2)The Minister shall, in writing, either grant or deny a request made under paragraph (1)(a).

61(3)Despite any other Act, if the Minister grants a request under subsection (2), on the recommendation of the Minister, the Lieutenant-Governor in Council may by regulation change the name of the local government.

62(1)The council of a municipality may recommend to the Minister that the name of the municipality be changed by the Lieutenant-Governor in Council if the change in the name of the municipality relates to the word “city”, “town” or “village” in either or both official languages.

62(2)Despite any other Act, on the recommendation of the Minister, the Lieutenant-Governor in Council may by regulation change the name of a municipality where the change relates to the word “city”, “town” or “village” in either or both official languages.

63(1)Following a council’s election, the clerk shall set a date for the first meeting of the council which shall not be before the expiration of the period for filing a petition under section 42 of the Municipal Elections Act and, if a petition is filed, before a judge of The Court of Queen’s Bench of New Brunswick declares a candidate elected under that section.

63(2)The first meeting of a council referred in subsection (1) shall be held no later than June 15, unless a candidate has not been declared elected by that date, in which case the first meeting shall be held as soon as the circumstances permit after that declaration.

63(3)A council shall hold at least four regular meetings in each year.

64(1)All decisions of a council shall be

64(2)No act or decision of a council is valid unless it is authorized or adopted by a by-law or resolution at a council meeting.

64(3)A council may not transact any business at a special meeting other than the business specified in the notice of the special meeting, unless all members of the council present at the special meeting agree.

65(1)A majority of the members of council constitutes a quorum.

65(2)The number of members of council is:

65(3)For the purposes of calculating a quorum, the number of members of council under subsection (2) shall be used regardless of whether there are any vacancies on the council.

66(1)Subject to this Act, each member of council present at a meeting shall announce his or her vote openly and individually, and the clerk shall record it, and no vote shall be taken by ballot or by any other method of secret voting, and every vote taken in that manner is of no effect.

66(2)Despite subsection (1), a local government may, in a procedural by-law made under paragraph 10(2)(a) or in a municipal charter or private or special Act of the local government, provide that the mayor shall not vote except to have a casting vote in the event of a tie.

68(1)A council meeting or a committee of council meeting may be closed to the public for the duration of the discussion if it is necessary to discuss

68(2)If a meeting is closed to the public under subsection (1), no decision shall be made at the meeting except for decisions related to the following matters:

68(3)If a meeting is closed to the public under subsection (1), a record shall be made containing only the following information:

69(1)Subject to this section and to a procedural by-law made under paragraph 10(2)(a), it is permitted to use electronic means of communication in a council meeting or a committee of council meeting if it allows members of council to hear and speak to each other and, in the case of a meeting that is open to the public, allows the public to hear the members.

69(2)Only a member of council who, at the time of the meeting, is outside of the local government or is physically unable to attend the meeting may participate in the manner referred to in subsection (1).

69(3)Except for reasons of disability, a member of council shall not participate in the manner referred to in subsection (1) at more than 25% of the regular council meetings held in a one-year period or at more than four special council meetings held in a one-year period.

69(4)A member of council who intends to participate in a meeting in the manner referred to in subsection (1) shall provide sufficient notice to the clerk to ensure that the relevant materials may be sent to the member and to ensure that the appropriate electronic means of communication are available and, if applicable, that the public notice referred to in subsection (7) is given.

69(5)A member of council who participates in a meeting closed to the public under subsection 68(1) in the manner referred to in subsection (1) shall, at the beginning of the meeting, confirm that he or she is alone.

69(6)A member of council who participates in a meeting in the manner referred to in subsection (1) shall be deemed to be present at the meeting.

69(7)If a council meeting or a committee of council meeting is open to the public, use of an electronic means of communication is permitted only if a notice of the meeting is given to the public that includes the following information:

70(1)Any notice given by a local government under this Act or the regulations shall be given by one or more of the following means:

70(2)If a local government has given notice in a manner authorized by subsection (1), it may also post the notice on social media websites.

70(3)A notice given in a manner authorized by subsection (1) shall be sufficient notice only if the notice is also available for examination by the public for the required period of time in the office of the clerk during regular office hours.

71(1)The council of every local government shall appoint a clerk, a treasurer and an auditor.

71(2)A council may appoint the officers that are necessary for the administration of the local government.

71(3)A person may be appointed to more than one office.

71(4)With the exception of auditors, an officer appointed under this section by the local government for employment on a full-time basis is entitled to hold office until retirement, death, resignation, or dismissal for cause after a vote in favour of the dismissal by two-thirds of the members of the council.

71(5)Subsection (4) does not apply to a person in respect of whom a resolution has been passed under subparagraph 35(11)(b)(i), (ii) or (iii).

74(1)The clerk of a local government is the clerk of the council and shall

74(2)The assistant clerk is subject to the directions of the clerk and, in the absence or disability of the clerk or when there is no clerk, has all the powers and duties of the clerk.

75(1)The following shall be available for examination by members of the public in the office of the clerk during normal office hours:

75(2)Despite subsection (1), the minutes of any meeting or portion of a meeting of council or a committee of council that was closed to the public under subsection 68(1) shall not be open for inspection or examination by members of the public.

75(3)If a by-law referred to in section 17 or 18 is in force in a local government, a copy of the code or portion of the code adopted under the by-law shall be available for examination by members of the public in the office of the clerk during normal office hours.

76(1)The treasurer is the chief financial and accounting officer of the local government and shall

76(2)The assistant treasurer is subject to the directions of the treasurer and, in the absence or disability of the treasurer or when there is no treasurer, has all the powers and duties of the treasurer.

77(1)Despite subsection 4(3), the mayor or any other person that the council appoints shall jointly with the treasurer sign all cheques and payment authorizations issued by the local government.

77(2)The council may provide by resolution that any signature required by this section be reproduced.

79(1)A council shall not appoint as an auditor of the local government a person who is not a chartered professional accountant.

79(2)The auditor shall perform any duties that are prescribed by this Act and the regulations under this Act and the Control of Municipalities Act, and that the council prescribes by by-law or resolution.

79(3)The auditor shall complete an annual audit by March 1 of each year.

79(4)Within ten days after completing the annual audit of the local government, the auditor shall transmit to the Minister a certified copy of the financial statements of the local government together with a copy of the auditor’s report on the financial statements.

79(5)If a council fails to appoint an auditor, the Minister may appoint an auditor for the local government and the council shall pay the fees and expenses of the appointed auditor.

82(1)A council shall not appoint as a solicitor of a local government a person who is not a member of the Law Society of New Brunswick.

82(2)Even though the remuneration of a solicitor of or counsel to a local government is paid wholly or partly by salary, the local government is entitled to tax and collect costs in any action and proceeding to which it is a party.

84(1)Each local government shall, by by-law, provide for the annual bonding of the officers and employees listed in the by-law.

84(2)A local government shall pay the premiums in respect of bonds given under this section.

84(3)A council shall require the production before it of every bond required under this section

84(4)An annual report of the auditor shall include any information respecting bonds that is prescribed by regulation.

85(1)A member of council is not eligible for appointment as an officer of the local government or for employment with the local government for a period of one year after the date on which he or she ceases to hold office as a member of council.

85(2)Subsection (1) does not apply if the person is appointed or employed for no remuneration.

86(1)Subject to subsection (2), a local government may indemnify a member or former member of council, an officer or former officer of the local government or of a corporation established under subsection 8(1), an employee or former employee of the local government or of a corporation established under subsection 8(1) or a member or former member of a committee, board, commission or agency established by council, and his or her heirs and legal representatives against all costs, charges and expenses, including any amount paid to settle an action or satisfy a judgment, reasonably incurred by him or her in relation to any criminal action or proceeding for a strict or absolute liability offence or any civil or administrative action or proceeding, if he or she

86(2)A local government must first obtain the approval of The Court of Queen’s Bench of New Brunswick if it seeks to indemnify a person under subsection (1) in relation to an action or proceeding brought by or on behalf of the local government.

86(3)Despite anything in this section, a person referred to in subsection (1) is entitled to indemnity from the local government in relation to all costs, charges and expenses reasonably incurred in connection with the defence of any civil, criminal or administrative action or proceeding to which that person is made a party by reason of being or having been a member of council, an officer or employee of the local government or corporation established under subsection 8(1) or a member of a committee, board, commission or agency established by council if the person seeking indemnity

86(4)A local government may purchase and maintain insurance for the benefit of any person referred to in subsection (1) against any liability incurred by that person as a member of council, an officer or employee of the local government or corporation established under subsection 8(1), or as a member of a committee, board, commission or agency established by council, whether or not he or she acts or acted in that capacity at the local government’s request, except if the liability relates to the failure of that person to act honestly and in good faith with a view to the best interests of the local government.

86(5)A local government or a person referred to in subsection (1) may apply to The Court of Queen’s Bench of New Brunswick for an order approving an indemnity under this section and the Court may so order and make any further order it considers appropriate.

86(6)On an application under subsection (5), the Court may order notice to be given to any interested person and that person is entitled to appear or be represented and be heard in person or by counsel.

86(7)For the purposes of this section, an employee includes a person who provides services for no remuneration at the request of and on behalf of a local government.

87(1)The following definitions apply in this Part.

87(2)For greater certainty, in this Part, a person is not employed by a local government, local board or trade union if he or she is compensated on a fee-for-services basis.

89(1)Subject to subsection (2) and section 90, for the purposes of this Act a member or a senior officer has a conflict of interest if

89(2)A member or a senior officer does not have a conflict of interest by reason of a family associate’s interest as described in paragraph (1)(a), (b), (c) or (d) unless the member or senior officer knew or ought reasonably to have known of the family associate’s interest.

89(3)If a trade union has entered into or is seeking to enter into a collective agreement with a local government or a local board, a member who belongs to or is employed by the trade union has a conflict of interest with respect to any matter relating to the administration or negotiation of the collective agreement.

91(1)On assuming office, each member shall file a statement with the clerk disclosing any actual or potential conflict of interest of which he or she has knowledge.

91(2)If a conflict of interest arises while a member is in office, the member shall immediately file a statement disclosing the conflict of interest with the clerk.

91(3)A member is not required, in a statement filed under subsection (1) or (2), to disclose particulars of his or her financial interest or the extent of any interest in the matter giving rise to the conflict.

91(4)A statement disclosing a conflict of interest shall be made in the form prescribed by regulation.

91(5)If a member has a conflict of interest with respect to any matter in which the council, local board or committee is concerned and the member is present at a meeting of council or the local board, a meeting of a committee, or any other meeting at which business of the council, local board or committee is conducted, at which the matter is a subject of consideration the member shall,

92(1)On assuming office, a senior officer shall file a statement with the clerk disclosing any actual or potential conflict of interest of which he or she has knowledge.

92(2)If a conflict of interest arises while a senior officer is in office, the senior officer shall immediately file a written statement disclosing the conflict of interest with the clerk.

92(3)The senior officer is not required, in a statement filed under subsection (1) or (2), to disclose particulars of his or her financial interest or the extent of any interest in the matter giving rise to the conflict.