Acts and Regulations

M-22 - Municipalities Act

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Document at 10 January 2013
CHAPTER M-22
Municipalities Act
Definitions
1In this Act
“clerk” means a municipal clerk appointed under section 74;(secrétaire)
“committee of council” means a committee provided for or created by a municipality under the authority of subsection 4(3) or under the authority of a municipal charter or a private or special Act;(comité du conseil)
“council” means the mayor and councillors of a municipality;(conseil)
“councillor” means a member of a council other than a mayor;(conseiller)
“credit union” means a credit union as defined in the Credit Unions Act;(caisse populaire)
“local service district tax base” means the amount computed on or before October 15 or as soon thereafter as is practicable of the year previous to the year in respect of which the community funding and equalization grant under the Community Funding Act is determined as(assiette fiscal de district de services locaux)
(a) the total assessed value of all real property liable to taxation under the Assessment Act in a local service district, excluding real property referred to in paragraph (b.1) of the definition “real property” under the Assessment Act;
(b) the assessed value of all real property in a local service district owned by the Crown in right of New Brunswick;
(c) the assessed value of real property in a local service district owned by the Crown in right of Canada; and
(d) one-half of the assessed value of any real property in a local service district referred to in paragraphs (a), (b) and (c) that is “non-residential property” as defined under section 1 of the Assessment Act;
“member of a council” means any person elected to a council;(membre d’un conseil)
“member of a rural community council” means any person elected to a rural community council;(membre d’un conseil d’une communauté rurale)
“Minister” means the Minister of Environment and Local Government and includes anyone designated by the Minister to act on the Minister’s behalf;(Ministre)
“municipality” means a city, town or village;(municipalité)
“municipal tax base” means the amount computed on or before October 15 or as soon thereafter as is practicable of the year previous to the year in respect of which the community funding and equalization grant under the Community Funding Act is determined as(assiette fiscale municipale)
(a) the total assessed value of all real property liable to taxation under the Assessment Act in a municipality, excluding
(i) real property owned by the municipality,
(ii) real property of utility commissions owned by the municipality, and
(iii) real property referred to in paragraph (b.1) of the definition “real property” under the Assessment Act;
(b) the assessed value of all real property in a municipality owned by the Crown in right of New Brunswick;
(c) the assessed value of real property in a municipality owned by the Crown in right of Canada;
(c.1) the assessed value of real property in a municipality that is exempt from taxation under paragraph 4(1)(l) of the Assessment Act; and
(d) one-half of the assessed value of any real property in a municipality referred to in paragraphs (a), (b) and (c) that is “non-residential property” as defined under section 1 of the Assessment Act;
“personal information” means information about an individual who can be identified by the contents of information because the information(renseignements personnels)
(a) includes the individual’s name,
(b) makes the individual’s identity obvious, or
(c) is likely in the circumstances to be combined with other information that includes the individual’s name or makes the individual’s identity obvious;
“quorum” means a majority of the full number of members of a council, that number being determined in accordance with section 28 or 29;(quorum)
“retail business” means a retail business as defined in the Days of Rest Act;(commerce au détail)
“rural community” means an area incorporated as a rural community under section 190.072;(communauté rurale)
“rural community clerk” means a rural community clerk appointed under subsection 190.077(2);(greffier de la communauté rurale)
“rural community committee” Repealed: 2005, c.7, s.49
“rural community council” means the rural community mayor and rural community councillors of a rural community;(conseil d’une communauté rurale)
“rural community councillor” means a member of a rural community council other than the rural community mayor;(conseiller d’une communauté rurale)
“rural community tax base” means the amount computed on or before October 15 or as soon thereafter as is practicable of the year previous to the year in respect of which the community funding and equalization grant under the Community Funding Act is determined as(assiette fiscale de la communauté rurale)
(a) the total assessed value of all real property liable to taxation under the Assessment Act in a rural community, excluding
(i) real property owned by the rural community,
(ii) real property of utility commissions owned by the rural community, and
(iii) real property referred to in paragraph (b.1) of the definition “real property” under the Assessment Act;
(b) the assessed value of all real property in a rural community owned by the Crown in right of New Brunswick;
(c) the assessed value of real property in a rural community owned by the Crown in right of Canada;
(d) the assessed value of real property in a rural community that is exempt from taxation under paragraph 4(1)(l) of the Assessment Act; and
(e) one-half of the assessed value of any real property in a rural community referred to in paragraphs (a), (b) and (c) that is “non-residential property” as defined under section 1 of the Assessment Act;
“ward” includes district;(quartier)
“weekly day of rest” means the weekly day of rest as defined in the Days of Rest Act.(jour de repos hebdomadaire)
1966, c.20, s.1; 1967, c.56, s.1; 1971, c.50, s.1; 1972, c.49, s.1; 1983, c.56, s.1; 1986, c.8, s.83; 1987, c.39, s.5; 1989, c.55, s.39; 1992, c.2, s.40; 1994, c.93, s.1; 1995, c.49, s.1; 1996, c.83, s.16; 1998, c.41, s.78; 2000, c.26, s.206; 2003, c.27, s.1; 2003, c.32, s.3; 2004, c.24, s.3; 2005, c.7, s.49; 2006, c.16, s.119; 2012, c.39, s.94; 2012, c.56, s.31
Administration
2The Minister shall administer this Act and may designate persons to act on his behalf.
1966, c.20, s.2
Continuation of cities and towns
3(1)The inhabitants of the cities and towns in existence on January 1, 1967 continue to be bodies corporate.
Continuation of limits of cities and towns
3(2)The territorial limits of the cities and towns in existence on January 1, 1967, until altered in accordance with this Act or any other Act, are the same as existed immediately prior to that date.
Municipality to be a body corporate
3(3)The inhabitants of a municipality created under this Act are a body corporate under the name prescribed for it under this Act.
Wharves, piers, contiguous structures
3(4)Notwithstanding the description of the territorial limits of any municipality, all wharves, piers, docks, bridges, causeways, breakwaters and other similar structures contiguous to a boundary of a municipality are included within the municipality.
1966, c.20, s.3; 1981, c.52, s.1; 1998, c.E-1.111, s.47
Perpetual succession
4(1)A municipality has perpetual succession.
Powers of municipality generally
4(2)A municipality may, in its corporate name,
(a) sue and be sued,
(b) become a party to any contract or agreement within its powers,
(b.1) subject to the regulations, charge interest, at the rate determined by resolution of the council, on any debt owing to it,
(c) receive by donation and otherwise acquire, hold, dispose of and convey any property, real or personal, for any purpose within its powers, and
(d) take security in any form for a debt owing to it.
Powers of municipality generally
4(3)A municipality may provide for, create, alter and abolish committees, departments, bureaus, divisions, boards, commissions, officials and agencies of the municipality and delegate administrative powers and duties to them.
Power of municipality to bring action
4(4)When a person defaults in doing any thing he has been lawfully ordered or directed by the council to do, the council may cause such thing to be done and recover the expense thereof, with costs, together with any damages arising from the default, in an action against such person.
1966, c.20, s.4; 1984, c.9, s.1
Corporate seal
5(1)A municipality shall have a corporate seal that the council may alter or change at pleasure.
Signing and sealing of documents
5(2)Except as provided by regulation, no agreement, contract, deed or other document made or issued after January 1, 1967 to which a municipality is a party has any force or effect unless it is
(a) sealed with the corporate seal of the municipality, and
(b) signed by the mayor and the clerk.
1966, c.20, s.5
Application of the Corporations Act
6The Corporations Act does not apply to a municipality or a rural community.
1966, c.20, s.6; 1999, c.28, s.17; 2005, c.7, s.49
Immunity from liability in nuisance
6.1(1)A municipality shall not be liable in an action in nuisance, where the damage is the result of
(a) water overflowing from a sewer, drain, ditch or watercourse due to excessive snow, ice, mud or rain, or
(b) the construction, operation or maintenance of a system or facility for the collection, conveyance, treatment or disposal of wastewater, storm water or both.
6.1(2)Subsection (1) does not apply to a cause of action that arose before the coming into force of this section.
2003, c.27, s.2; 2005, c.7, s.49
Provision of services by municipality
7(1)A municipality may provide any of the services contained in the First Schedule.
7(2)Subject to the Police Act, a municipality shall provide the service of police protection.
7(3)Where a municipality carries out any of the powers or provides any of the services under this Act it
(a) shall administer,
(b) shall pay the costs of, and
(c) subject to the Motor Vehicle Act may make by-laws with respect to,
such powers and services.
7(4)Without restricting the generality of any powers given under this Act, a municipality in providing any service may
(a) acquire land or an interest in land that is adjacent to the municipality and use the land to provide the service;
(b) enter into an agreement with one or more municipalities or rural communities or with any person, including the Crown, whereby the cost and use of the service may be shared by the parties to the agreement;
(c) enter into an agreement with one or more municipalities or rural communities or with any person, including the Crown, to provide for the joint acquisition, ownership, development, extension, management or operation of services that may be provided by municipalities under this Act; and
(d) enter into an agreement with one or more municipalities or rural communities or with the owner of a sewerage or water works providing
(i) for the disposal or treatment of sewage, and
(ii) for payment of compensation for use of the sewerage or water works.
7(5)Subject to any other law regulating the distribution of natural gas in the Province, a municipality may enter into an agreement with a distributor of natural gas respecting the use of the property of the municipality and any other matter associated with the construction or operation of a natural gas distribution system.
7(6)A municipality may participate in an airport commission and may enter into an agreement for that purpose.
1966, c.20, s.7; 1972, c.49, s.2; 1973, c.60, s.1; 1978, c.41, s.1; 1982, c.43, s.1; 1997, c.60, s.18; 2005, c.7, s.49
Provision of garbage services by municipality or rural community
7.1(1)Without restricting the generality of paragraph 7(3)(c), a municipality may in a by-law respecting garbage and refuse collection and disposal
(a) prescribe garbage and refuse that will be collected and that will not be collected,
(b) prohibit the disposal of certain garbage and refuse,
(c) prescribe sorting and packaging requirements,
(d) prescribe the terms and conditions of collection and any restrictions on collection, and
(e) restrict garbage and refuse collection and disposal to certain classes of real property.
7.1(2)Notwithstanding paragraph 7(3)(b), where a municipality regulates garbage and refuse collection and disposal pursuant to a by-law and the by-law incorporates the elements set out in paragraphs(1)(a) to (d), the municipality may recover the cost of the service, or any portion thereof, on a user-charge basis under this section, which may be established on an amortized or any other basis as the municipality shall seem fit.
7.1(3)Money recovered under subsection (2) shall be used only for the purpose of providing a garbage and refuse collection and disposal service, and any surplus or deficit realized in any year from the imposition of user-charges for the service shall be carried forward and credited to or debited from the current fund for that service for the second next ensuing year.
7.1(4)Where used in this section, “user-charge” includes
(a) a rate or charge calculated by measuring the units of garbage and refuse being disposed of by a user of the service,
(b) a flat rate or charge imposed on one or more different classes of users of the service, provided that the flat rate or charge is uniform within each class, or
(c) any combination of the rates or charges described in paragraphs (a) and (b),
but does not include
(d) a rate or charge calculated by reference to the value of the real property in respect of which the service is being supplied.
7.1(5)A council may by by-law prescribe the terms and conditions for payment of user-charges established under this section in respect to
(a) collection and recovery,
(b) discounts,
(c) prepayment and instalment payment,
(d) imposition of penalties for non-payment, and
(e) proceedings to be taken in default of payment.
7.1(6)Where a municipality provides a garbage and refuse collection and disposal service for which user-charges are imposed, the municipality may by by-law
(a) compel the owner of a building, the owner of a mobile home used as a temporary or permanent residence or the owner of a trailer used as a temporary or permanent residence to use the service, or
(b) make a charge to the owner of the land on which a building, mobile home or trailer referred to in paragraph (a) is located, if the service is not used.
7.1(7)In determining the charge to be made in subsection (6), the municipality shall make its assessment as near as possible to what the user-charge would be if the owner used the service.
7.1(8)A user-charge and any penalty levied under this section is a debt to the municipality and may be recovered by the municipality in a court of competent jurisdiction.
7.1(9)A municipality that makes a by-law respecting garbage and refuse collection and disposal may, by by-law and for such purposes, define any word or expression used in this Act but not defined in this Act.
7.1(10)This section applies with the necessary modifications to a rural community that has enacted a by-law under subsection 190.079(1) with respect to the service of garbage and refuse collection and disposal.
2002, c.6, s.1; 2003, c.27, s.3; 2005, c.7, s.49
Power of expropriation of municipality
8(1)Subject to subsection (2), for the purpose of carrying out any of its powers or providing any of its services, a municipality may expropriate within the meaning of and in accordance with the Expropriation Act, whether the subject matter of the expropriation is within or without the boundaries of the municipality.
8(2)A municipality shall not expropriate where the subject matter of the expropriation is within the boundaries of another municipality or a rural community, and any such purported expropriation is invalid.
1966, c.20, s.8; 1973, c.6, s.60; 2005, c.7, s.49
Municipal council
9(1)The powers of a municipality are vested in and shall be exercised by its council.
9(2)A council is continuing and a new council may take up and complete proceedings commenced by a previous council.
1966, c.20, s.9
Meetings of council
10(1)The clerk may fix a date for the first meeting of a council which date
(a) shall not be earlier than the expiration of the ten day period referred to in subsection 42(1) of the Municipal Elections Act following the council’s election, and
(b) shall not be later than the fifteenth day of June following the council’s election.
10(1.1)If the clerk does not fix a date for the first meeting of a council under subsection (1), the first meeting of council shall be held on the fourth Monday of May following its election.
10(2)A council shall hold at least four regular meetings in each year.
1966, c.20, s.10; 1967, c.56, s.2; 1976, c.40, s.1; 2003, c.27, s.4
Open voting
10.1(1)Unless disqualified to vote by reason of interest or otherwise upon a by-law, resolution, motion or for any other purpose, each member present, including the mayor, 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 so taken is of no effect.
10.1(2)Notwithstanding subsection (1), a municipality may, in a procedural by-law enacted pursuant to section 10.3 or in a municipal charter or private or special Act of the municipality, provide that the mayor shall not vote except to have a casting vote in the event of a tie.
1975, c.40, s.1; 2003, c.27, s.5
Meetings, decisions of council
10.2(1)Subject to subsection (4), all regular and special meetings of a council shall be open to the public.
10.2(2)All decisions of a council shall be
(a) made in a regular or special meeting of the council, and
(b) adopted by a by-law or resolution of the council.
10.2(2.1)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.
10.2(3)Subject to subsection (4), all meetings of a committee of council shall be open to the public.
10.2(4)If it is necessary at a meeting of a council or a committee of council to discuss any of the following matters, the public may be excluded from the meeting for the duration of the discussion:
(a) information the confidentiality of which is protected by law;
(b) personal information;
(c) information that could cause financial loss or gain to a person or the municipality or could jeopardize negotiations leading to an agreement or contract;
(d) the proposed or pending acquisition or disposition of land for a municipal purpose;
(e) information that could violate the confidentiality of information obtained from the Government of Canada or from the Province;
(f) information concerning legal opinions or advice provided to the municipality by a municipal solicitor, or privileged communications as between solicitor and client in a matter of municipal business;
(g) litigation or potential litigation affecting the municipality or any of its agencies, boards or commissions, including a matter before an administrative tribunal;
(h) the access to or security of particular buildings, other structures or systems, including computer or communication systems, or the access to or security of methods employed to protect such buildings, other structures or systems;
(i) information gathered by police, including the Royal Canadian Mounted Police, in the course of investigating any illegal activity or suspected illegal activity, or the source of such information; or
(j) labour and employment matters, including the negotiation of collective agreements.
10.2(5)If a meeting of a committee of council is closed to the public pursuant to subsection (4), no decisions shall be made at the meeting except for decisions related to
(a) procedural matters,
(b) directions to an officer of the municipality, or
(c) directions to a solicitor for the municipality.
10.2(6)If a meeting is closed to the public pursuant to subsection (4), a record shall be made containing only the following:
(a) the type of matter under subsection (4) that was discussed during the meeting; and
(b) the date of the meeting.
10.2(7)The record made under subsection (6) shall be available for examination by the public in the office of the clerk during regular office hours.
1981, c.52, s.1.1; 1982, c.43, s.2; 2003, c.27, s.6
Procedural by-law
10.3(1)Subject to subsection (2), a municipality shall enact a by-law to regulate the procedures of its council meetings and such a by-law shall include those matters prescribed by regulation.
10.3(2)If a matter prescribed for the purposes of subsection (1) conflicts with a provision of a municipal charter or a private or special Act, a municipality may enact a by-law pursuant to subsection (1) that does not include that prescribed matter.
2003, c.27, s.7
By-laws of municipality
11(1)In addition to any other powers given by this Act, a municipality may make by-laws for the following purposes:
(a) Repealed: 2003, c.27, s.8
(b) Repealed: 2003, c.27, s.8
(c) Repealed: 2003, c.27, s.8
(d) Repealed: 2003, c.27, s.8
(d.1) notwithstanding paragraph 7(3)(b), prescribing fees to be charged for the use of recreational or sports facilities provided by the municipality;
(d.2) notwithstanding paragraph 7(3)(b), prescribing fees to be charged for the participation in recreational or sports programs provided by the municipality;
(e) regulating and licensing the owners and operators of taxi cabs within the municipality, fixing a schedule of minimum fees, maximum fees or minimum and maximum fees to be charged by them and prescribing a schedule of licence fees to be paid by them;
(e.1) permitting or prohibiting the operation of retail businesses on the weekly day of rest, provided that the weekly day of rest is not also a prescribed day of rest under the Days of Rest Act, and establishing hours during which retail businesses may operate on the weekly day of rest;
(f) regulating and licensing transient traders;
(g) prohibiting or regulating the sale by retail and the possession and discharge within the municipality of spring guns, air pistols and air rifles; defining the meaning of the words “spring guns”, “air pistols” and “air rifles” as used in the by-law; licensing persons to sell the same at retail to any person upon such terms and conditions as such by-law may prescribe; requiring every person owning or possessing spring guns, air rifles or air pistols to register the same and to obtain a permit therefor; authorizing the seizure and disposal of spring guns, air rifles and air pistols had or kept in contravention of such by-law;
(h) regulating and licensing exhibitions of natural or artificial curiosity, circuses, outdoor musical concerts and other shows or exhibitions for hire or profit, and for granting or refusing to issue any such licence or to issue any such licence on any condition as in the discretion of the council may be necessary;
(i) regulating and licensing billiard rooms and pool rooms, bowling alleys, dance halls, and other places of amusement;
(j) regulating and licensing the erection and use of bill boards or advertising boards and for fixing the fees to be paid in relation thereto;
(j.1) prohibiting the use of overhanging signs and prescribing the time within which an overhanging sign is to be removed;
(k) regulating and licensing automatic vending machines, problem punch boards or other automatic machines, instruments, contrivances, devices or games;
(l) regulating or prohibiting within the municipality or any defined area thereof the making of noise likely to cause a public nuisance or otherwise disturb inhabitants;
(l.01) Repealed: 2004, c.S-9.5, s.16
(l.1) subject to the Real Property Tax Act, providing for the collection of the tax imposed by the municipality under paragraph 5(2)(a) of the Real Property Tax Act and the penalties with respect to such tax, where the municipality has notified the Minister of Finance under subsection 6(2) of the Real Property Tax Act.
(m) Repealed: 1985, c.A-7.11, s.41
Special meeting of council
11(2)Except by unanimous consent of all the members present, a council shall not at a special meeting consider any business except that specified in the notice of the meeting.
1966, c.20, s.12; 1968, c.41, s.2; 1972, c.49, s.3; 1976, c.40, s.2; 1981, c.52, s.1.2; 1985, c.A-7.11, s.41; 1989, c.27, s.1; 1996, c.46, s.25; 1997, c.38, s.1; 2003, c.27, s.8; 2004, c.S-9.5, s.16; 2004, c.24, s.3
Alternative forms of notice
11.1(1)Subject to subsection (2), where this Act requires or authorizes a municipality to give notice of a matter by way of publishing the notice in a newspaper published or having general circulation in the municipality, the notice may be given by
(a) broadcasting, on a radio or television station that broadcasts in the municipality, the notice at least once a day for the period of time that the notice is required to be published, or
(b) posting the notice on an Internet site maintained by the municipality for the period of time that the notice is required to be published.
11.1(2)Notice provided in a manner authorized by subsection (1) shall only be sufficient notice 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.
2003, c.27, s.9
Passage of by-laws
12(1)Subject to subsections (1.1), (1.2) and (1.3), no by-law under this Act is valid until it is
(a) read three times by title;
(b) read in its entirety in a regular or special meeting of council at least once prior to third reading by title; but where there has been published twice a week for two weeks in a newspaper having general circulation within the municipality a notice
(i) describing the proposed by-law by title and generally by subject matter, and
(ii) stating that the proposed by-law may be examined in the office of the clerk during regularoffice hours,
and if at least fourteen days have elapsed between the day on which the notice was first published and the day on which the by-law is read for the third time by title, it may be read by section numbers only, if no member of council objects;
(c) sealed with the corporate seal of the municipality;
(d) signed by the clerk and the mayor or in his absence the presiding officer of the council who presided at the meeting at which it was enacted; and
(e) stated thereon that it is enacted by the council of the municipality.
12(1.1)Where any by-law is a revision of a by-law resulting from the conversion of the expression of measurement contained in that by-law from the Canadian system of units to that of the International System of Units, that by-law is valid if it is
(a) read three times by title;
(b) presented in printed form in its entirety in council or in committee of the whole council and filed with the clerk for a period of not less than thirty days subsequent to second reading by title;
(c) sealed with the corporate seal of the municipality;
(d) signed by the clerk and the mayor or, in his absence, the presiding officer of the council who presided at the meeting at which it was enacted;
(e) stated thereon that it is enacted by the council of the municipality; and
(f) approved by the Minister as conforming with the requirements of this subsection.
12(1.2)Notwithstanding any Act or a regulation under it, a by-law which only 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 which is amended only by adopting a version of the by-law in the other official language is valid if it is
(a) read three times by title,
(b) distributed in printed form in its entirety to council and to members of the public present at its first reading by title,
(c) filed with the clerk for a period of not less than fourteen days subsequent to its first reading by title,
(d) sealed with the corporate seal of the municipality,
(e) signed by the clerk and the mayor or, in the mayor’s absence, the presiding officer of the council who presided at the meeting at which it was enacted, and
(f) stated thereon that it was enacted by the council of the municipality.
12(1.3)A by-law referred to in subsection (1.2) may be amended at any time prior to third reading by title without having to further file the by-law pursuant to paragraph (1.2)(c).
12(2)Unless all the members present declare by resolution that an emergency exists, not more than two of the three readings by title shall take place at one meeting of the council.
12(3)A proposed by-law may be amended at any time prior to third reading by title.
12(4)Where this Act provides that to enact a by-law two-thirds of the whole council or the whole council must vote in favour thereof, it shall be sufficient compliance with such provision if two-thirds of the whole council or the whole council, respectively, vote in favour of the by-law on third reading by title.
12(4.1)Notwithstanding the definition of “council” in section 1, where this Act makes provision for the making of a by-law and makes reference to the whole council, “whole council” means those members of council, including the mayor, who are not disqualified from voting on the by-law.
12(5)Nothing in this section invalidates a by-law made before the coming into force of this section.
1966, c.20, s.13; 1972, c.49, s.4; 1977, c.M-11.1, s.19; 1981, c.52, s.2; 1982, c.43, s.3; 1987, c.6, s.68; 2002, c.43, s.1; 2003, c.27, s.10
Conflict of municipal charter or private or special Act with Act
13Where a provision of this Act or a regulation or an Order in Council 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 or the Order in Council made under this Act, as the case may be, prevails; but the Lieutenant-Governor in Council may by regulation extend the powers of a municipality to include a power set out in its municipal charter or in a private or special Act respecting that municipality.
1966, c.20, s.14; 1972, c.49, s.5; 1997, c.65, s.1
Incorporation or change in structure of municipality by Cabinet
14(1)On the recommendation of the Minister and after the study of a feasibility report, the Lieutenant-Governor in Council
(a) may incorporate the inhabitants of an area as a municipality;
(b) may amalgamate two or more municipalities;
(c) may annex to a municipality a contiguous area;
(d) may amalgamate two or more municipalities and annex contiguous areas thereto;
(e) may decrease the territorial limits of a municipality;
(f) may incorporate a rural community as a municipality; or
(g) may amalgamate one or more rural communities with one or more municipalities and, if necessary, annex contiguous areas to the new municipality.
14(1.1)Notwithstanding subsection (1), after January 2, 1998, the amalgamation of two or more municipalities shall be effected by an Act of the Legislature unless the councils of the municipalities that would be affected adopt a resolution in favour of the amalgamation.
14(1.2)Notwithstanding subsection (1), the amalgamation of one or more rural communities with one or more municipalities shall be effected by an Act of the Legislature unless the rural community council of each rural community and the council of each municipality that would be affected adopts a resolution in favour of the amalgamation.
14(1.3)Notwithstanding paragraphs (1)(c), (d), (g), (2)(b), (7)(c), (d) and (h) and subsection 19.2(1), if more than one area is to be annexed to a municipality and those areas constitute a group, the Minister may annex the group to the municipality if
(a) the areas considered as a group are contiguous to each other, and
(b) at least one area of the group is contiguous to the municipality.
14(1.4)For the purpose of this Act and the regulations, an area referred to in subsection (1.3) shall be deemed a contiguous area.
14(2)The Minister may institute or a council or rural community council may petition the Minister to institute
(a) amalgamation proceedings with respect to the amalgamation of two or more municipalities,
(b) annexation proceedings with respect to the annexation to the municipality of an area contiguous thereto,
(b.1) amalgamation proceedings with respect to the amalgamation of one or more rural communities with one or more municipalities,
(c) both amalgamation and annexation proceedings, or
(d) decrement proceedings.
14(2.1)The Minister may institute or a rural community council may petition the Minister to institute proceedings to incorporate a rural community as a municipality.
14(2.2)If a rural community is incorporated as a municipality, the rural community mayor and rural community councillors in office at the time of the incorporation are the mayor and councillors of the new municipality until a new council is elected and takes office.
14(3)Twenty-five or more persons qualified to vote under the Elections Act, and resident in an area contiguous to, but not within, a municipality may petition the Minister for the institution of annexation proceedings for that area.
14(4)The Minister may, and if petitioned by the council of a municipality shall, carry out a study to determine the feasibility of dissolving a municipality.
14(4.1)A municipality shall not be dissolved except by special Act of the Legislature.
14(4.2)Subsection (4.1) does not apply to amalgamation, annexation or decrement proceedings under this Act or any other Act.
14(5)Subject to subsection (1.1), where a municipality created by an amalgamation or an annexation has the required population, the Lieutenant-Governor in Council may incorporate the municipality as a town or city.
14(5.1)Subject to subsection (1.2), if one or more rural communities is amalgamated with one or more municipalities under this section, the Lieutenant-Governor in Council shall incorporate the area as a municipality.
14(6)The date for determining whether the elector qualifications under the Elections Act are met shall be the date of the making of the petition.
14(7)In addition to any conditions, procedures or criteria set out in this section, on the recommendation of the Minister, the Lieutenant-Governor in Council may make regulations respecting conditions and procedures that shall be complied with and criteria that shall be considered before
(a) a municipality may be incorporated,
(b) two or more municipalities may be amalgamated,
(c) a contiguous area may be annexed to a municipality,
(d) two or more municipalities may be amalgamated and contiguous areas annexed to the new municipality,
(e) the territorial limits of a municipality may be decreased,
(f) a municipality may be dissolved,
(g) a rural community may be incorporated as a municipality, or
(h) one or more rural communities may be amalgamated with one or more municipalities and contiguous areas annexed to the new municipality.
1966, c.20, s.15; 1967, c.56, s.3; 1969, c.58, s.1, 2; 1973, c.60, s.3; 1997, c.47, s.1; 1997, c.65, s.2; 1998, c.E-1.111, s.47; 2005, c.7, s.49; 2012, c.44, s.11
Repealed
14.1Repealed: 2012, c.44, s.11
1995, c.46, s.1; 1997, c.65, s.3; 2005, c.7, s.49; 2012, c.44, s.11
Incorporation of town
15On the recommendation of the Minister, the Lieutenant-Governor in Council may incorporate a village as a town where it
(a) has a population of fifteen hundred or more, and
(b) provides a level of services that the Minister considers adequate.
1966, c.20, s.16; 1979, c.47, s.1
Dissolution of a town or village
15.1(1)In this section, “ratepayer” means the person in whose name real property is assessed under the Assessment Act.
15.1(2)Despite subsection 14(4.1), if a feasibility report under subsection 14(1) or a study under subsection 14(4) recommends that a town or village becomes a rural community or part of a rural community, the Lieutenant-Governor in Council may, on the recommendation of the Minister and in accordance with this section, dissolve the town or village by regulation.
15.1(3)If a feasibility report under subsection 14(1) or a study under subsection 14(4) recommends that a town or village becomes a rural community or part of a rural community, the Lieutenant-Governor in Council may appoint a person or persons to carry out any of the actions necessary and incidental to the dissolution of the town or village specified in subsection (5).
15.1(4)The person or persons appointed by the Lieutenant-Governor in Council under subsection (3) may be the person or persons appointed as supervisor for the town or village under the Control of Municipalities Act.
15.1(5)The Lieutenant-Governor in Council, when dissolving a town or village by regulation on the recommendation of the Minister, may
(a) declare that the town or village dissolved become a rural community or part of a rural community in accordance with section 190.072,
(b) provide for such disposition and adjustment of the assets and liabilities and such discharge of the obligations of the town or village dissolved as the Lieutenant-Governor in Council deems equitable,
(c) provide for such adjustment of the rights, claims, liabilities and obligations of the ratepayers of the town or village dissolved as the Lieutenant-Governor in Council deems equitable,
(d) provide for the extent to and the manner in which the liabilities of the town or village dissolved shall be discharged by the imposition of rates of tax upon the real property in the town or village dissolved and impose rates of tax for the discharge of such liabilities of the town or village dissolved,
(e) provide for the continuance or discontinuance of the by-laws of the town or village dissolved,
(f) provide for the continuance or discontinuance of services,
(g) provide for any claims or actions by or against the town or village dissolved,
(h) provide for the vesting in the Crown in right of the Province of property of the town or village dissolved,
(i) provide for the giving of notice and the registration of any documents necessary or incidental to any of the matters referred to in this section,
(j) provide for the doing or causing to be done of all such other matters, acts, deeds and things as may be deemed necessary or incidental by the Lieutenant-Governor in Council to the carrying out of the dissolution of the town or village.
15.1(6)In addition to any conditions, procedures or criteria set out in this section, on the recommendation of the Minister, the Lieutenant-Governor in Council may make regulations respecting conditions and procedures that shall be complied with and criteria that shall be considered before a town or village may become a rural community or part of a rural community.
2012, c.44, s.11
Incorporation of city
16The Lieutenant-Governor in Council may incorporate a town having a population of ten thousand or more as a city.
1966, c.20, s.17
Office of mayor and council on incorporation
17Where a village is incorporated as a town or a town is incorporated as a city, the mayor and the council in office at the time of the incorporation are the mayor and the council of the new municipality until a new council has been elected and has taken office.
1966, c.20, s.18
Order in Council is conclusive evidence
18An Order in Council effecting an incorporation, amalgamation, annexation, or decrement is conclusive evidence that all conditions precedent for the making of the order have been complied with and that the municipality or rural community thereby created and enlarged or decreased is duly incorporated.
1966, c.20, s.19; 1967, c.56, s.4; 1969, c.58, s.3; 2005, c.7, s.49
19(0.1)In this section
“affected municipality” means an existing municipality or rural community whose boundaries are affected by an Order in Council made under this section;
“council of an affected municipality” includes the rural community council of an existing rural community whose boundaries are affected by an Order in Council made under this section;
“new municipality” means the municipality that will be created by an Order in Council made under this section as of the effective date of the incorporation, amalgamation, annexation or decrement.
Order in Council respecting structural change of municipality
19(1)The Lieutenant-Governor in Council in every Order in Council under section 14 effecting an incorporation, amalgamation, annexation or decrement may
(a) prescribe the name and boundaries of the municipality and the effective date of the incorporation, amalgamation, annexation, or decrement,
(a.1) divide the municipality into wards;
(a.2) designate any rural plan under subsection 77(2.1) or 77.2(1) of the Community Planning Act or any portion of a rural plan or any other regulation under the Community Planning Act as the basic planning statement, municipal plan, rural plan, zoning by-law or other by-law, as the case may be, of a municipality, portion of a municipality or annexed area for the purposes of sections 19.1 and 19.2,
(b) make such adjustments of assets and liabilities between affected municipalities as they agree upon or, in default of agreement, as the Lieutenant-Governor in Council deems equitable,
(b.1) make adjustments in respect of the provision of services for any local service district or rural community affected by the incorporation, annexation or decrement;
(c) create, amalgamate or dissolve such local commissions and make such adjustments of assets and liabilities of local commissions as they agree upon, or, in default of agreement, as the Lieutenant-Governor in Council deems equitable,
(d) appoint one or more persons who have all the powers of a commissioner appointed under the Inquiries Act, to inquire into and report to the Lieutenant-Governor in Council upon the adjustments of assets and liabilities referred to in paragraphs (b) and (c),
(e) for the purpose of the first elections, provide for
(i) the composition of the first council and local commissions,
(ii) the holding of elections, either before or subsequent to the effective date of the incorporation, amalgamation, annexation, or decrement,
(ii.1) the polling divisions,
(iii) the fixing of days for nominations, either before or subsequent to the effective date of the incorporation, amalgamation, annexation or decrement,
(iii.1) the fixing of the day for the holding of the first election;
(iv) the qualifications of candidates and voters,
(v) the preparation of voters lists,
(v.1) the fixing of the day for the taking of the oath of office,
(vi) the fixing of days for first meetings of councils and local commissions, and
(vii) such other matters as the Lieutenant-Governor in Council deems necessary to provide for the effective administration of the new municipality or any local commission thereof,
(e.1) where a first election is held under paragraph (e) to elect a first council prior to the effective date of the incorporation, amalgamation, annexation or decrement, fix the remuneration of the members of the first council for the period falling between the taking of the oath of office and the effective date of the incorporation, amalgamation, annexation or decrement, and
(f) provide for all matters necessary or incidental to the incorporation, amalgamation, annexation, or decrement.
First elections and first councils
19(2)Notwithstanding any provision of this Act or any other Act, where a first election is held under paragraph (1)(e) to elect a first council prior to the effective date of the incorporation, amalgamation, annexation or decrement
(a) a member of a council of an affected municipality shall not hold office until the fourth Monday in May following the date of the next quadrennial election but shall hold office until the effective date of the incorporation, amalgamation, annexation or decrement, and
(b) no by-election shall be held to fill a vacancy on the council of the affected municipality occurring after the date of the making of the Order in Council under subsection (1) but before the effective date of the incorporation, amalgamation, annexation or decrement.
First elections and first councils
19(3)Notwithstanding any provision of this Act or any other Act, where a first election is held under paragraph (1)(e) to elect a first council prior to the effective date of the incorporation, amalgamation, annexation or decrement, a member of a council of an affected municipality
(a) may be a candidate for the office of mayor or councillor on the first council of the new municipality without resigning his or her office on the council of the affected municipality, and
(b) if elected,
(i) is entitled
(A) to hold office on the first council of the new municipality, and
(B) to continue in office on the council of the affected municipality until the effective date of the incorporation, amalgamation, annexation or decrement, and
(ii) shall not be required to resign from office on the council of the affected municipality by reason only that the member is also a member elected to a first council of a new municipality under paragraph (1)(e) prior to the effective date of the incorporation, amalgamation, annexation or decrement.
First elections and first councils
19(4)Notwithstanding the effective date of the incorporation, amalgamation, annexation or decrement or any provision of this Act or any other Act, where a first election is held under paragraph (1)(e) to elect a first council prior to the effective date of the incorporation, amalgamation, annexation or decrement, the council of an affected municipality shall continue to exercise its powers in relation to the day-to-day activities of the municipality but onward from the day fixed for the election of the first council of the new municipality the council of the affected municipality shall not, unless expressly authorized by the Lieutenant-Governor in Council,
(a) enact, amend or repeal a by-law under the authority of this or any other Act,
(b) become a party to any agreement, contract, deed or any other document other than those provided for in the estimates adopted under paragraph 87(2)(a) or 190.081(2)(a), by function, for the current year,
(c) borrow or make payments of funds other than those provided for in the estimates adopted under paragraph 87(2)(a) or 190.081(2)(a), by function, for the current year,
(d) purchase or dispose of capital assets,
(e) appoint or dismiss officers or employees, or
(f) undertake any course of action that would
(i) affect the future administration of the new municipality, or
(ii) bind the new municipality to a particular course of action.
First elections and first councils
19(5)Where a council acts in contravention of subsection (4), that action is void and has no force or effect.
First elections and first councils
19(6)Notwithstanding the effective date of the incorporation, amalgamation, annexation or decrement or any provision of this Act or any other Act, where a first election is held under paragraph (1)(e) to elect a first council prior to the effective date of the incorporation, amalgamation, annexation or decrement, the first council of the new municipality, upon taking the oath of office and prior to the effective date of the incorporation, amalgamation, annexation or decrement
(a) may appoint such officers as are necessary to allow the first council to carry out its responsibilities under subsection (9) in relation to the new municipality and such appointments when made shall be immediately effective,
(b) shall prepare a transitional budget for submission to the Minister that sets out
(i) the remuneration of the members of the first council as fixed in the Order in Council under paragraph (1)(e.1),
(ii) the expenses of the first council for the period prior to the effective date of the incorporation, amalgamation, annexation or decrement, and
(iii) the salaries of the officers of the new municipality appointed under paragraph (a), and
(c) may, in accordance with section 12, make by-laws regulating its procedure, prescribing the time and place of its regular meetings and providing for the calling of special meetings.
First elections and first councils
19(7)The transitional budget referred to in paragraph (6)(b) and any additional expenses incurred by the first council under this section shall be deemed to be an expense of the new municipality and shall be included in the estimate of the money required for the operation of the new municipality under paragraph 87(2)(a) for the first fiscal year.
First elections and first councils
19(8)The Minister of Finance may advance to the first council the amount determined under paragraph (6)(b) and that amount may be recovered by the Minister of Finance from any amount to be paid to the new municipality under the Community Funding Act following the effective date of the incorporation, amalgamation, annexation or decrement.
First elections and first councils
19(9)Notwithstanding the effective date of the incorporation, amalgamation, annexation or decrement or any provision of this Act or any other Act, where a first election is held under paragraph (1)(e) to elect a first council prior to the effective date of the incorporation, amalgamation, annexation or decrement, the first council of the new municipality, upon taking the oath of office
(a) may conduct a review of all by-laws of the affected municipalities whether enacted under this Act or any other Act,
(b) may enact or amend by-laws of the new municipality except that such by-laws shall have no effect until the effective date of the incorporation, amalgamation, annexation or decrement as set out in the Order in Council under paragraph (1)(a) and shall be deemed to have come into force on the effective date of the incorporation, amalgamation, annexation or decrement as set out in the Order in Council under paragraph (1)(a),
(c) shall determine for the purposes of subsection 87(2)
(i) an estimate of the money required for the operation of the new municipality,
(ii) the amount of that estimate to be raised on the municipal tax base, and
(iii) subject to subsection (9.01), the rate at which the amount referred to in subparagraph (ii) is to be raised,
(d) may act under subsection 87(5) in respect of the new municipality,
(e) may undertake the negotiation of collective agreements,
(f) may make arrangements for the appointment of officers of the new municipality, including acting under subsection (9.1), and
(g) may make arrangements for a pension or superannuation plan for the permanent employees of the new municipality.
19(9.01)For the year 2010, the rate to be used in subparagraph (9)(c)(iii) shall be the rate determined under subsection 5.01(2) of the Real Property Tax Act or adopted under paragraph 5.01(3)(b) of that Act, as the case may be.
First elections and first councils
19(9.1)The first council may, by resolution during the period falling between the taking of the oath of office and six months after the effective date of the amalgamation, revoke the appointment of an officer appointed by an affected municipality and
(a) appoint that person as an officer of the new municipality for the purposes of paragraph (6)(a) and section 74, or
(b) subject to any applicable collective agreement,
(i) reassign that person to a new position,
(ii) make arrangements for the retirement of that person, or
(iii) terminate the employment of that person, on reasonable notice or payment in lieu of such notice.
First elections and first councils
19(9.2)A resolution under subparagraph (9.1)(b)(i), (ii) or (iii) made before the effective date of the amalgamation shall not be effective until the effective date of the amalgamation.
First elections and first councils
19(9.3)A resolution under subparagraph (9.1)(b)(iii) shall be made only on the affirmative vote of at least two-thirds of the whole council.
First elections and first councils
19(9.4)The clerk of the new municipality shall cause a certified copy of the resolution made under subsection (9.1) to be served on the officer of the affected municipality within seven days after the making of the resolution.
First elections and first councils
19(10)The council of an affected municipality shall provide to the first council of the new municipality all information requested by the first council of the new municipality.
First elections and first councils
19(11)The Minister may
(a) abridge or extend any time limit under section 87, and
(b) make such other adjustments as are necessary to affect an orderly transition.
First elections and first councils
19(12)A member elected to a first council of a new municipality under paragraph (1)(e) prior to the effective date of the incorporation, amalgamation, annexation or decrement 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 municipality.
First elections and first councils
19(13)A member of council of an affected municipality does not have a conflict of interest in relation to a matter before the council of the affected municipality for consideration by reason only that the member is also a member elected to a first council of a new municipality under paragraph (1)(e) prior to the effective date of the incorporation, amalgamation, annexation or decrement.
First elections and first councils
19(14)The Lieutenant-Governor in Council, on the recommendation of the Minister, may make an Order in Council effecting an annexation or decrement without providing for a first election under paragraph (1)(e).
Adjustments respecting affected areas
19(15)Where an Order in Council is made under subsection (1), the Lieutenant-Governor in Council may
(a) amend or repeal a rural plan or any other regulation made under the Community Planning Act to make adjustments respecting areas affected by the incorporation, annexation or decrement, and
(b) amend or repeal a regulation made under section 23.1 or 190.072 to make adjustments in respect of the boundaries of any local service district or rural community affected by the incorporation, annexation or decrement.
Non-application of sections 24 and 25
19(16)Sections 24 and 25 do not apply to subsection (15).
Non-application of subsection 77(11) of Community Planning Act
19(17)Subsection 77(11) of the Community Planning Act does not apply to paragraph (15)(a).
Application of section to rural community
19(18)Subsections (2) to (14) apply with the necessary modifications to a first election under paragraph 190.073(1)(d).
1966, c.20, s.20; 1967, c.56, s.5; 1969, c.58, s.4; 1974, c.33(Supp.), s.1; 1991, c.51, s.1; 1994, c.95, s.50; 1995, c.7, s.1; 1995, c.46, s.2; 1997, c.38, s.2; 1997, c.65, s.4; 1999, c.28, s.17; 2000, c.26, s.206; 2001, c.15, s.7; 2003, c.27, s.11; 2004, c.2, s.1; 2005, c.7, s.49; 2009, c.15, s.7; 2010, c.35, s.6; 2012, c.56, s.31
Procedure and rules for first elections
19.01(1)Except as provided under this section or an Order in Council made under paragraph 19(1)(e), the Municipal Elections Act applies to first elections under paragraph 19(1)(e) and first elections under paragraph 19(1)(e) shall be conducted under the Municipal Elections Act.
19.01(2)Where a first election under paragraph 19(1)(e) is held at the same time as a quadrennial election, the Municipal Electoral Officer may, after the thirty-first day of December in the year before 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 so as to provide for such revised polling divisions as are necessary for the conduct of the first election under paragraph 19(1)(e).
19.01(3)Where a first election is held under section 19, a person is not qualified to be a candidate for the office of mayor or councillor of a municipality unless the person has been resident within the boundaries of the municipality, as the boundaries of the municipality are described under the Order in Council made under section 19 effecting the incorporation, amalgamation, amalgamation and annexation, annexation or decrement of the municipality, for at least six months immediately before the election.
19.01(4)Repealed: 1997, c.54, s.16
19.01(4.01)Where a first election is held under paragraph 19(1)(e) in a municipality divided into wards under paragraph 19(1)(a.1), 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 Order in Council made under paragraph 19(1)(a.1), at the time of the person’s nomination.
19.01(4.1)Where a first election is held under paragraph 19(1)(e) in a municipality divided into wards under paragraph 19(1)(a.1),
(a) the voters resident in a ward shall vote only for the candidates nominated for that ward unless provided otherwise in the Order in Council made under section 19, and
(b) a separate ballot paper shall be prepared under the Municipal Elections Act for each ward and shall contain the names of the candidates seeking election
(i) as mayor,
(ii) as a councillor for the ward, and
(iii) as a councillor at large.
19.01(4.2)Paragraph (4.1)(a) does not apply to candidates for the office of mayor or councillor at large.
19.01(5)Where a first election is conducted at the same time as a quadrennial election, the Municipal Electoral Officer shall give Notice of Election in relation to the municipality as described under the Order in Council effecting the incorporation, amalgamation, amalgamation and annexation, annexation or decrement but shall not give a Notice of Election in relation to the municipality that exists prior to the effective date of the incorporation, amalgamation, amalgamation and annexation, annexation or decrement of that municipality.
19.01(6)Except where a first election is conducted at the same time as a quadrennial election and subject to subsection (7), the preliminary voters list for a first election shall be the most recent voters list prepared for the previous election.
19.01(7)The Municipal Electoral Officer may, where the Municipal Electoral Officer considers it advisable, prepare in accordance with the Municipal Elections Act a new voters list for the first election.
19.01(8)Where there is a conflict between a provision in an Order in Council made under paragraph 19(1)(e) and a provision of this section, the provision in the Order in Council made under paragraph 19(1)(e) prevails.
1995, c.7, s.2; 1997, c.38, s.3; 1997, c.54, s.16; 2004, c.2, s.2
Continuance of borrowing authority in an amalgamation proceeding
19.02Notwithstanding any other provision of this Act or the Municipal Capital Borrowing Act, where an Order in Council is made under section 19 effecting an amalgamation, any outstanding authority of a former municipality to borrow money granted and approved under the Municipal Capital Borrowing Act may, with the written authorization of the Minister, continue in the name of the new municipality.
1995, c.46, s.3
Basic planning statement, municipal plan, rural plan, zoning by-law or other by-law of new municipality
19.1(1)Notwithstanding any other provision of this Act or the Community Planning Act, when the inhabitants of an unincorporated area are incorporated as a new municipality, any rural plan under subsection 77(2.1) or 77.2(1) of the Community Planning Act or any portion of a rural plan or any other regulation under the Community Planning Act that is designated in the Order in Council effecting the incorporation shall be deemed to be the basic planning statement, municipal plan, rural plan, zoning by-law or other by-law, as designated in the Order in Council, of the municipality as of the effective date of the incorporation and shall be deemed to be validly enacted as such in accordance with this Act and with the Community Planning Act.
19.1(2)If the inhabitants of two or more unincorporated areas are incorporated as a new municipality, subsection (1) applies with the necessary modifications to any regulation designated in the Order in Council effecting the incorporation as a basic planning statement, municipal plan, rural plan, zoning by-law or other by-law, as the case may be, of the portion of the new municipality designated in the Order in Council.
19.1(3)The council of a newly incorporated municipality shall conduct a review of any basic planning statement, 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.
19.1(4)A basic planning statement, 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 municipality until repealed by the council of the municipality.
1991, c.51, s.2; 1994, c.95, s.50; 1996, c.45, s.1
Basic planning statement, municipal plan, rural plan, zoning by-law or other by-law of new municipality
19.2(1)Notwithstanding any other provision of this Act or the Community Planning Act, when an unincorporated contiguous area is annexed to a municipality, any rural plan under subsection 77(2.1) or 77.2(1) of the Community Planning Act or any portion of a rural plan or any other regulation under the Community Planning Act that is designated in the Order in Council effecting the annexation shall be deemed to be the basic planning statement, municipal plan, rural plan, zoning by-law or other by-law, as designated in the Order in Council, of the annexed area as of the effective date of the annexation and shall be deemed to be validly enacted as such in accordance with this Act and with the Community Planning Act.
19.2(2)Notwithstanding any other provision of this Act or the Community Planning Act, when an area that is part of one municipality is annexed to another municipality, the zoning by-law or the zoning provisions in the rural plan of the municipality 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 enacted as such in accordance with this Act and the Community Planning Act.
19.2(3)Notwithstanding section 27.1 of the Community Planning Act, where there is a conflict between the municipal plan of an annexing municipality and a zoning by-law deemed to be such under subsection (1) or (2), the zoning by-law prevails.
19.2(4)Where subsection (1) or (2) applies to an annexation, the council of the annexing municipality 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 municipality so that the municipal plan and zoning by-law or rural plan incorporates the provisions of the basic planning statement, municipal plan, rural plan, zoning by-law or other by-law deemed to be such under subsection (1) or (2).
19.2(5)A basic planning statement, 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 of the municipality.
1991, c.51, s.2; 1994, c.93, s.2; 1994, c.95, s.50; 2003, c.27, s.12
Application of sections 19.1 and 19.2 to rural community
19.3Sections 19.1 and 19.2 apply with the necessary modifications to a rural community.
2005, c.7, s.49
By-laws of former municipalities
20(1)The incorporation of a village as a town or a town as a city does not affect the by-laws then in force in the municipality and they remain in force until repealed by the council.
20(2)The amalgamation of two or more municipalities does not affect the by-laws then in force in each of the former municipalities and they remain in force in each former municipality until repealed by the council of the new municipality.
20(3)Subject to section 19.2, when an area is annexed to a municipality, the by-laws of the municipality extend to the annexed area.
20(4)When the territorial limits of a municipality are decreased, the by-laws of the former municipality apply to the new municipality.
1966, c.20, s.21; 1967, c.56, s.6; 1969, c.58, s.5; 1991, c.51, s.3
Assets and liabilities of former municipalities
(a) the inhabitants of an area that includes two or more municipalities are incorporated or amalgamated under section 14,
(b) a village is incorporated as a town, or
(c) a town is incorporated as a city,
all the assets and liabilities of the former municipality or municipalities and its or their local commissions are assets and liabilities of the new municipality and the new municipality for all purposes stands in the place and stead of the former municipality or municipalities.
21(2)When the territorial limits of a municipality are decreased, the assets and liabilities of the former municipality and its local commissions shall be adjusted in accordance with an agreement between the municipality and the Minister.
1966, c.20, s.22; 1967, c.56, s.7; 1969, c.58, s.6
Rescission of incorporation of local improvement districts
22(1)The incorporation of every
(a) local improvement district, and
(b) local administrative commission listed in column 1 of the Second Schedule,
is rescinded.
Port Elgin: McAdam
22(2)The incorporations of the Village of Port Elgin and the Township of McAdam are rescinded.
Port Elgin: McAdam
22(3)The Village of Port Elgin, the Township of McAdam, the local improvement districts and the local administrative commissions listed in column 1 of the Second Schedule are deemed to be villages having the respective names set opposite each in column 2 of the Second Schedule.
Continuance of deemed villages
22(3.1)The villages created under subsection (3) having the respective names set opposite each in column 2 of the Second Schedule continue until changed in accordance with the provisions of this Act or any other Act.
Local improvement commission and district
22(4)Where immediately before November 9, 1966 a village, local improvement district or local administrative commission, including the Township of McAdam, was located within the area comprising the territorial limits of a village created under subsection (3)
(a) the village created under subsection (3) may carry out any of the powers under this Act and provide any of the services contained in the First Schedule that the former village, local improvement district or local administrative commission, including the Township of McAdam, could lawfully carry out or provide before November 9, 1966, and
(b) all the assets and liabilities of the former village, local improvement district or local administrative commission, including the Township of McAdam, are assets and liabilities of the village created under subsection (3).
1966, c.20, s.23; 1967, c.56, s.8; 1968, c.41, s.3; 1997, c.65, s.5; 1998, c.E-1.111, s.47
Establishment of local service district
23Where on November 9, 1966 any service contained in the First Schedule is provided in any area outside the territorial limits of a municipality the Lieutenant-Governor in Council may establish the area as a local service district for the provision of that service.
1966, c.20, s.24; 1987, c.6, s.68
Definition of service for purposes of sections 23.1 to 27.01
23.01In sections 23.1 to 27.01,
“service” means a service contained in the First Schedule and includes a facility used as a recreational facility or a community services facility, whether the facility used as a recreational facility or a community services facility is located within a local service district or not but does not include the sale of gas and provision of customer services as defined in the Gas Distribution Act, 1999.
1996, c.77, s.1; 1999, c.G-2.11, s.103; 2005, c.7, s.49
Establishment of local service district
23.1(1)The Lieutenant-Governor in Council, on the recommendation of the Minister, may make regulations defining the boundaries of a local service district established under this Act or any area within a local service district and prescribing services to be provided under this Act for a local service district or for any area within a local service district.
23.1(2)The service of garbage and refuse collection and disposal, where prescribed under subsection (1), shall be provided in accordance with the regulations made under section 191 in respect of that service, whether the regulations are enacted before or after the service is prescribed.
1978, c.41, s.2; 1981, c.52, s.3; 1989, c.27, s.2; 1996, c.77, s.2; 2002, c.6, s.2
Establishment of local service district
(a) twenty-five or more residents of an area outside the territorial limits of a municipality or a rural community who are qualified to vote under the Elections Act petition the Minister seeking the establishment of that area as a local service district for the provision of a service, or
(b) the Minister considers that the feasibility of establishing an area outside the territorial limits of a municipality or a rural community as a local service district for the provision of a service ought to be explored,
the Minister shall within thirty days define the boundaries of the proposed local service district and call a meeting, as prescribed by regulation, of all those residents of the area who are qualified to vote under the Elections Act.
24(2)Where at the meeting held under subsection (1)
(a) at least
(i) fifty people, or
(ii) thirty per cent ofthe people,
who are eligible under subsection (1) to attend the meeting, whichever is the lesser, are in attendance, and
(b) a majority of those in attendance decides in favour of the establishment of a local service district for the provision of a service,
the Lieutenant-Governor in Council, on the recommendation of the Minister, may establish the area as a local service district for the provision of that service.
24(3)Where a meeting is held under subsection (1), no person shall petition the Minister for the establishment of a local service district that relates to the area within the boundaries defined by the Minister under subsection (1) for a period of one year after the date of the petition mentioned in subsection (1).
24(4)Where the conditions set out in paragraphs (2)(a) and (b) are not met, the Minister may adjourn the meeting to a fixed date.
(a) twenty-five or more residents of an area contiguous to a local service district who are qualified to vote under the Elections Act petition the Minister for the addition of the area to the district;
(b) twenty-five or more residents of a local service district who are qualified to vote under the Elections Act petition the Minister
(i) for the annexation to the district of an area contiguous to the district,
(ii) for the amalgamation of two or more local service districts, or
(iii) for a change in the boundaries of the district; or
(c) the Minister is of the opinion that a meeting of the residents of a local service district or area contiguous thereto who are qualified to vote under the Elections Act ought to be called to decide any of the matters mentioned in paragraph (a) or (b);
the Minister shall call a meeting as prescribed by regulation of those residents who, in the opinion of the Minister, are most affected by the proposal and who are qualified to vote under the Elections Act.
24(6)Subsections (2), (3) and (4) apply mutatis mutandis to meetings held under subsection (5).
24(6.1)Notwithstanding paragraph (5)(a), subparagraph (b)(i) or paragraph (c), if more than one area is to be annexed to a local service district and those areas constitute a group, the Minister may annex the group to the local service district if
(a) the areas considered as a group are contiguous to each other, and
(b) at least one area of the group is contiguous to the local service district.
24(6.2)For the purpose of this Act and the regulations, an area referred to in subsection (6.1) shall be deemed an area contiguous to a local service district.
24(7)Where a change is made in the boundaries of a local service district under this section, a service that is provided at the time the boundary change is made shall continue to be provided unless the service is discontinued pursuant to section 25.
24(8)The date for determining whether the elector qualifications under the Elections Act are met shall be the date of the making of the petition or the calling of the meeting, as the case may be.
1966, c.20, s.25; 1968, c.41, s.4; 1973, c.60, s.4, 8; 1983, c.56, s.2; 1989, c.27, s.3; 1996, c.77, s.3; 1997, c.47, s.2; 2005, c.7, s.49; 2012, c.44, s.11
Provision of services to local service district
(a) twenty-five or more residents of a local service district, or any area within a local service district, who are qualified to vote under the Elections Act petition the Minister to provide additional services or to discontinue a service; or
(b) the Minister is of the opinion that the voters of a local service district, or any area within a local service district, ought to consider the addition of services or the discontinuance of services,
the Minister shall within thirty days call a meeting as prescribed by regulation of those residents who, in the opinion of the Minister, are most affected by the proposal and who are qualified to vote under the Elections Act.
Provision of services to local service district
25(2)Where at the meeting held under subsection (1)
(a) at least
(i) fifty people, or
(ii) thirty per cent of the people,
who are eligible under subsection (1) to attend the meeting, whichever is the lesser, are in attendance, and
(b) a majority of those in attendance decides in favour of providing the additional service or services or of discontinuing a service, as the case may be,
the service or services may, on the recommendation of the Minister, be provided or discontinued as the case may be.
Provision of services to local service district
25(2.1)Where a service is discontinued under subsection (2), all liabilities associated with the establishment of that service continue until discharged.
Advisory committee of local service district
(a) twenty-five or more residents of a local service district who are qualified to vote under the Elections Act petition the Minister to call a meeting for the election of an advisory committee for that local service district; or
(b) the Minister is of the opinion that a meeting for the election of an advisory committee for a local service district ought to be called,
the Minister shall call a meeting as prescribed by regulation of all the residents of the local service district who are qualified to vote under the Elections Act.
Advisory committee of local service district
25(4)Where at the meeting held under subsection (3), a majority of those in attendance decides in favour of the election of an advisory committee, an election of an advisory committee of not less than three or more than five members shall be held at that meeting in the manner prescribed by regulation.
Advisory committee of local service district
25(5)Upon election under subsection (4), the advisory committee
(a) shall be called the Advisory Committee of the Local Service District of . . . . .,
(b) shall remain in office for four years from the date of its election, and
(c) shall advise and assist the Minister in the administration of the district.
Advisory committee of local service district
25(6)Within thirty days prior to the end of the term of office of an advisory committee, the Minister shall call a meeting to elect a new advisory committee in accordance with the procedure provided under subsection (3).
Advisory committee of local service district
25(7)A meeting pursuant to subsection (3) may be combined with a meeting called pursuant to subsection 24(1).
Elector qualification
25(8)The date for determining whether the elector qualifications under the Elections Act are met shall be the date of the making of the petition or the calling of the meeting, as the case may be.
1966, c.20, s.26; 1967, c.56, s.9; 1968, c.41, s.5; 1969, c.58, s.7; 1973, c.60, s.5, 6, 7; 1981, c.52, s.4; 1983, c.56, s.3; 1989, c.27, s.4; 1996, c.77, s.4; 1997, c.47, s.3; 2012, c.44, s.11
Repealed
26Repealed: 1989, c.27, s.5
1966, c.20, s.27; 1989, c.27, s.5
Financing of local service district
27(1)The Minister shall raise the money required for the provision of services, including the costs of administration attributable to those services, for a local service district by taxation within the local service district in accordance with the Real Property Tax Act.
27(2)Where services provided in different areas of a local service district, including the costs of administration attributable to those services, vary to a degree that, in the opinion of the Minister, warrants an adjustment of the rates fixed under paragraph 27.01(1)(c), the Minister may fix different rates for different areas, or portions thereof, accordingly.
27(3)Notwithstanding subsection (1), the Minister may, with respect to the service of garbage and refuse collection and disposal, raise money for the provision of the service, including the costs of administration attributable to the service, in whole or in part, on a user-charge basis in accordance with section 193.2.
27(4)Where the cost of providing the service, including the costs of administration attributable to the service, in different areas of a local service district vary to a degree that, in the opinion of the Minister, warrants an adjustment of the user-charges fixed under section 193.2, the Minister may fix different rates for users of the service in different areas or portions thereof, accordingly.
1966, c.20, s.28; 1979, c.47, s.2; 1987, c.39, s.5; 1994, c.84, s.1; 1996, c.77, s.5; 2002, c.6, s.3; 2003, c.27, s.13; 2011, c.46, s.1
Estimate of money required for provision of services and tax rate
27.01(1)Each year the Minister shall
(a) prepare an estimate of the money required for the provision of services, including the costs of administration attributable to those services, for a local service district,
(b) determine the amount of that estimate to be raised on the local service district tax base,
(b.1) determine the amount of that estimate to be raised on a user-charge basis, if any, and
(c) subject to subsection (3), fix the rate at which the amount referred to in paragraph (b) is to be raised.
27.01(2)When preparing an estimate under paragraph (1)(a), the Minister shall include the amount charged to the Province on behalf of the local service district under section 15.1 of the Service New Brunswick Act for the year for which the estimate is prepared.
27.01(3)For the year 2010, the rate to be used in paragraph (1)(c) shall be the rate determined under subsection 5.01(2) of the Real Property Tax Act or fixed under paragraph 5.01(3)(e) of that Act, as the case may be.
1987, c.39, s.5; 1994, c.84, s.2; 1996, c.77, s.6; 1998, c.12, s.14; 2002, c.6, s.4; 2009, c.15, s.7; 2010, c.35, s.6; 2011, c.46, s.2
Indemnification against liability
27.02(1)This section applies to the following:
(a) a fire department, brigade or association that provides fire protection services or non-fire related rescue services within a local service district;
(b) a member or former member of a fire department, brigade or association referred to in paragraph (a);
(c) the legal representatives or heirs of a person referred to in paragraph (b).
27.02(2)The Minister may indemnify a body or person referred to in subsection (1) against all costs, charges and expenses, including any amount paid to settle an action or satisfy a judgment, reasonably incurred by them in relation to any civil, criminal or administrative action or proceeding to which they are made a party by reason of the actions of a member or former member as a member of the fire department, brigade or association or by reason of being or having been a member of the fire department, brigade or association, as the case may be, if the member or former member
(a) acted honestly and in good faith, and
(b) in the case of a criminal or administrative action or proceeding that is enforced by a monetary penalty, had reasonable grounds for believing the conduct was lawful.
27.02(3)A body or person referred to in subsection (2) is entitled to indemnity from the Minister in relation to all costs, charges and expenses reasonably incurred in connection with the defence of any civil, criminal or administrative action or proceeding referred to in subsection (2) to which that body or person is made a party if
(a) the body or person seeking indemnity was substantially successful on the merits in defence of the action or proceeding, and
(b) the member or former member in respect of whose actions the action or proceeding was brought fulfills the conditions set out in paragraphs (2)(a) and (b).
2008, c.15, s.1; 2011, c.21, s.1
Garbage and refuse collection
27.1(1)Notwithstanding that a local service district or any area within a local service district has not been established in accordance with this Act for the provision of a garbage and refuse collection and disposal service, the Minister may, in accordance with regulations made under section 191 and without following the procedure set out in section 25, provide that service in a local service district or in any area within a local service district, if the local service district or area is within the territory serviced by a regional service commission established under the Regional Service Delivery Act.
27.1(2)Where the Minister provides a garbage and refuse collection and disposal service under subsection (1), he may do so by entering into an agreement with the regional service commission established under the Regional Service Delivery Act and he shall raise the money required for provision of the service in accordance with section 27.
1985, c.17, s.1; 1994, c.91, s.8; 2002, c.6, s.5; 2012, c.44, s.11
Land use planning
27.2(1)Notwithstanding that a local service district or any area within a local service district has not been established in accordance with this Act for the provision of a land use planning service, the Minister may, without following the procedure set out in section 25, provide that service in the local service district or the area.
27.2(2)The Minister shall raise the money required for the provision of a land use planning service in accordance with section 27.
27.2(3)For the purposes of subsections (1) and (2), the provision of a land use planning service includes the enforcement of basic planning statement regulations, zoning regulations, rural plan regulations and rural plan by-laws made or adopted under the Community Planning Act.
1994, c.49, s.1; 1999, c.28, s.17; 2012, c.44, s.11
Services provided by or through a regional service commission
27.201(1)Without limiting sections 27.1 and 27.2, and notwithstanding that a local service district or any area within a local service district has not been established in accordance with this Act for the provision of a particular service, the Minister may, without following the procedure set out in section 25, provide that service in the local service district or the area if the local service district or the area is being provided that service by or through a regional service commission established under the Regional Service Delivery Act.
27.201(2)The Minister shall raise the money required for the provision of a service by or through a regional service commission established under the Regional Service Delivery Act in a local service district in accordance with section 27.
2012, c.44, s.11
Dog control
27.21(1)Notwithstanding that a local service district or any area within a local service district has not been established in accordance with this Act for the provision of a dog control service, the Minister may, in accordance with regulations made under section 191 and without following the procedure set out in section 25, provide that service in the local service district or the area.
27.21(2)The Minister shall raise the money required for the provision of a dog control service in accordance with section 27.
2009, c.19, s.1
Police protection
27.22(1)Notwithstanding that a local service district or any area within a local service district has not been established in accordance with this Act for the provision of a police protection service, the Minister may, without following the procedure set out in section 25, provide that service in the local service district or the area.
27.22(2)Subject to subsection (3), the Minister shall raise the money required for the provision of a police protection service in accordance with section 27.
27.22(3)The Minister may raise the following percentage of the money required for the provision of a police protection service:
(a) 25% for the year 2013;
(b) 50% for the year 2014;
(c) 75% for the year 2015; and
(d) 100% for the year 2016 and any succeeding year.
2012, c.43, s.2
Repealed
27.3Repealed: 2005, c.7, s.49
1994, c.93, s.3; 2005, c.7, s.49
Repealed
27.4Repealed: 2005, c.7, s.49
1994, c.93, s.3; 1995, c.7, s.3; 1997, c.54, s.16; 1999, c.28, s.17; 2004, c.2, s.3; 2005, c.7, art.49
Repealed
27.41Repealed: 2005, c.7, s.49
1999, c.28, s.17; 2005, c.7, s.49
Repealed
27.5Repealed: 2005, c.7, s.49
1994, c.93, s.3; 1995, c.49, s.2; 1999, c.28, s.17; 2005, c.7, s.49
Repealed
27.6Repealed: 2005, c.7, s.49
1994, c.93, s.3; 2005, c.7, s.49
Authorization of Sunday shopping in local service districts
(a) twenty-five or more residents of a local service district who are qualified to vote under the Elections Act petition the Minister to authorize the operation of retail businesses on the weekly day of rest in the area, or
(b) the Minister is of the opinion that the residents of a local service district ought to consider the authorization of the operation of retail businesses on the weekly day of rest in the area,
the Minister shall within thirty days call a meeting as prescribed by regulation of the residents of the area who are qualified to vote under the Elections Act.
27.7(2)The Minister may issue a permit authorizing the operation of retail businesses on the weekly day of rest in a local service district if, at the meeting held under subsection (1),
(a) at least
(i) fifty people, or
(ii) thirty per cent ofthe people,
who are eligible under subsection (1) to attend the meeting, whichever is lesser, are in attendance, and
(b) a majority of those in attendance decides in favour of authorizing the operation of retail businesses on the weekly day of rest in the area.
27.7(3)The Minister may issue a permit under subsection (2) subject to such conditions as the Minister considers appropriate, if the conditions were considered at the meeting held under subsection (1).
27.7(4)The Minister may only amend, suspend or revoke a permit issued under subsection (2) if petitioned to do so in accordance with subsection (1), and subsections (1) to (3) apply with the necessary modifications to such a petition.
27.7(5)If a meeting has been held under subsection (1), the Minister may not be petitioned with respect to a permit under this section in relation to the same area for one year after the meeting.
27.7(6)A person who violates or fails to comply with a condition imposed under subsection (3) commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category C offence.
2004, c.24, s.3; 2005, c.7, s.92
Composition of city and town council
28(1)The council of a municipality that is not divided into wards for election purposes shall consist of
(a) a mayor, and
(b) three councillors or such greater number as may be determined by by-law of the council.
28(1.1)A by-law under this section, or the amendment or repeal of such a by-law, may only be made on the affirmative vote of a majority of the whole council.
28(1.2)Before making a by-law under this section, or amending or repealing such a by-law, the council shall
(a) at least once within ten days prior to the meeting at which the by-law will be given first reading, publish notice of its intention to consider the passing of the by-law in a newspaper having general circulation in the municipality, which notice shall
(i) describe the proposed by-law by title and generally by subject matter, and
(ii) specify the date and location of the meeting at which the by-law will be considered, and
(b) for at least ten days prior to the meeting at which the by-law will be given first reading, post the notice referred to in paragraph (a) in the office of the clerk.
28(1.3)No by-law under this section, nor the amendment or repeal of such a by-law, comes into force until it has been filed by the council with the Municipal Electoral Officer.
28(1.4)Notwithstanding subsection (1.3), in order for a by-law under this section to apply to a quadrennial election it must be filed with the Municipal Electoral Officer more than six months before the election.
28(2)A by-law made under the authority of this section shall not be amended or repealed within four years after the commencement of the by-law or the most recent amendment of it.
1966, c.20, s.29; 1983, c.56, s.4; 2003, c.27, s.14; 2004, c.2, s.4
Composition of city and town council
29(1)The council of a municipality divided into wards for election purposes consists of
(a) a mayor,
(b) one or more councillors as determined by by-law for each ward, and
(c) where the by-law so provides, one or more councillors at large.
29(1.1)A by-law under this section, or the amendment or repeal of such a by-law, may only be made on the affirmative vote of a majority of the whole council.
29(1.2)Before making a by-law under this section, or amending or repealing such a by-law, the council shall
(a) at least once within ten days prior to the meeting at which the by-law will be given first reading, publish notice of its intention to consider the passing of the by-law in a newspaper having general circulation in the municipality, which notice shall
(i) describe the proposed by-law by title and generally by subject matter, and
(ii) specify the date and location of the meeting at which the by-law will be considered, and
(b) for at least ten days prior to the meeting at which the by-law will be given first reading, post the notice referred to in paragraph (a) in the office of the clerk.
29(1.3)No by-law under this section, nor the amendment or repeal of such a by-law, comes into force until it has been filed by the council with the Municipal Electoral Officer.
29(1.4)Notwithstanding subsection (1.3), in order for a by-law under this section to apply to a quadrennial election it must be filed with the Municipal Electoral Officer more than six months before the election.
29(2)A by-law made under the authority of this section shall be not amended or repealed within four years after the commencement of the by-law or the most recent amendment of it.
29(3)Subsection (2) does not apply to a by-law made or amended as the consequence of an amalgamation or annexation under section 14.
29(4)Notwithstanding subsections (1), (2), and (3), where after the commencement of this subsection, the composition of a council is determined by an Order in Council made under section 19
(a) the composition of the council as determined in that Order in Council shall be deemed to be the composition of the council determined by by-law of the council made under the authority of this section and the composition of the council as determined by the Order in Council shall remain in effect until four years have elapsed from the making of that Order in Council, and
(b) no by-law made under this section respecting the composition of the council shall have any effect until four years have elapsed from the making of that Order in Council.
29(5)If, after the commencement of subsection (4), a council of a municipality does not make a by-law under the authority of this section to take effect after the expiration of the four year period referred to in subsection (4) whereby the composition of the council is determined, the composition of the council as determined in the Order in Council made under section 19 shall be deemed to be the composition of the council determined by by-law of the council made under the authority of this section until such time as the municipality makes a by-law under the authority of this section determining the composition of the council.
29(6)Notwithstanding subsection (4), the Lieutenant-Governor in Council may, within the four year period referred to in subsection (4), approve a by-law whereby the composition of the council is not identical to the composition of the council determined under the Order in Council made under section 19.
1966, c.20, s.30; 1967, c.56, s.10; 1968, c.41, s.6; 1981, c.52, s.5; 1983, c.56, s.5; 1995, c.46, s.4; 2003, c.27, s.15; 2004, c.2, s.5
Election of deputy mayor
30The council of a municipality shall elect a deputy mayor.
1966, c.20, s.31; 1978, c.41, s.3
Wards
31(1)Where a city or town is divided into wards immediately before January 1, 1967, such division continues in effect until altered by by-law.
31(2)The council of a municipality may, by by-law passed on the affirmative vote of a majority of the whole council, divide the municipality into wards.
31(2.1)Before making a by-law under subsection (2), or amending or repealing such a by-law, the council shall
(a) at least once within ten days prior to the meeting at which the by-law will be given first reading, publish notice of its intention to consider the passing of the by-law in a newspaper having general circulation in the municipality, which notice shall
(i) describe the proposed by-law by title and generally by subject matter, and
(ii) specify the date and location of the meeting at which the by-law will be considered, and
(b) for at least ten days prior to the meeting at which the by-law will be given first reading, post the notice referred to in paragraph (a) in the office of the clerk.
31(2.2)No by-law under this section, nor the amendment or repeal of such a by-law, comes into force until it has been filed by the council with the Municipal Electoral Officer.
31(2.3)Notwithstanding subsection (2.2), in order for a by-law under this section to apply to a quadrennial election it must be filed with the Municipal Electoral Officer more than six months before the election.
31(3)Except where the territorial limits of a municipality are enlarged or altered, a by-law made under authority of this section shall not be repealed or amended so as to alter the limits of a ward until four years have elapsed from the making of the by-law or the last previous amendment thereof.
31(4)Subject to subsection (5) no by-law respecting the division of a municipality into wards shall be made, amended or repealed during the period of six months preceding the date fixed for the election of a council.
31(5)Subsection (4) does not apply during the six months preceding the date of the first elections under this Act.
31(6)Notwithstanding subsections (2), (3), (4) and (5), where after the commencement of this subsection, a municipality is divided into wards by an Order in Council made under section 19
(a) the division of the municipality into wards set out in that Order in Council shall be deemed to be the division of the municipality into wards by by-law of the council made under the authority of this section and the division of the municipality into wards as set out in that Order in Council shall remain in effect until four years have elapsed from the making of that Order in Council, and
(b) no by-law made under this section respecting the division of a municipality into wards shall have any effect until four years have elapsed from the making of that Order in Council.
31(7)If, after the commencement of subsection (6), a council of a municipality does not make a by-law under the authority of this section to take effect after the expiration of the four year period referred to in subsection (6) whereby the municipality is divided into wards, the division of the municipality into wards as set out in the Order in Council made under section 19 shall be deemed to be the division of the municipality into wards by by-law of the council made under the authority of this section until such time as the municipality makes a by-law under the authority of this section dividing the municipality into wards.
31(8)Notwithstanding subsection (6), the Lieutenant-Governor in Council may, within the four year period referred to in subsection (6), approve a by-law whereby the municipality is divided into wards not identical to the division of the municipality into wards under the Order in Council made under section 19.
31(9)If a municipality is divided into wards under subsection (2), only the voters resident in a ward shall vote for the candidates nominated for that ward.
1966, c.20, s.32; 1981, c.52, s.6; 1995, c.46, s.5; 2003, c.27, s.16; 2004, c.2, s.6
Repealed
32(1)Repealed: 1983, c.56, s.6
Repealed
32(2)Repealed: 1978, c.41, s.4
Repealed
32(3)Repealed: 2003, c.27, s.17
1966, c.20, s.33; 1967, c.56, s.11; 1968, c.41, s.7; 1969, c.58, s.8; 1978, c.41, s.4; 1979, c.47, s.3; 1981, c.52, s.7; 1983, c.56, s.6; 2003, c.27, s.17
Acceptance of office by councillor
33(1)A person elected to an office on a municipal council in a quadrennial election shall accept office by taking and subscribing to the oath of office in the form prescribed by the Minister on or before the first meeting of council.
Acceptance of office by councillor
33(2)A person elected to an office on a municipal council in a by-election shall accept office by taking and subscribing to the oath of office in the form prescribed by the Minister
(a) forthwith, if the person’s election was by acclamation, or
(b) within six days after the expiration of the ten day period referred to in subsection 41.1(1) or 42(1) of the Municipal Elections Act following the person’s election.
Acceptance of office by councillor
33(2.01)A person elected to an office on a municipal council in a first election under section 19 shall accept office by taking and subscribing to the oath of office in the form prescribed by the Minister on the day fixed for the taking of the oath of office under the Order in Council made under section 19 in respect of that first election.
Acceptance of office by councillor
33(2.1)Notwithstanding subsection (1), (2) and (2.01), a person elected to office on a municipal council in a quadrennial election, a by-election or a first election under section 19 may accept office by taking and subscribing to the oath of office in the form prescribed by the Minister at any time following the person’s election where, for reasons of illness or unavoidable absence from the municipality, the person is unable to take and subscribe to the oath of office at or within the time prescribed under subsection (1), (2) or (2.01).
Acceptance of office by councillor
33(2.2)Notwithstanding subsections (1), (2), (2.01) and (2.1), where 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 municipal council in a quadrennial election, a by-election or a first election under section 19, a person elected to such office shall not accept office by taking and subscribing to the oath of office until the person has been declared elected by the municipal returning officer or the judge conducting the recount.
Acceptance of office by councillor
33(2.3)Notwithstanding subsections (1), (2.01) and (2.1), unless a person’s election was by acclamation, a person elected to office on a municipal council in a quadrennial election, a by-election or a first election under section 19 shall not accept office by taking and subscribing to the oath of office before the expiration of the ten day period referred to in subsection 41.1(1) or 42(1) of the Municipal Elections Act following the person’s election.
Acceptance of office by councillor
33(3)No person shall take his seat on a council before he has accepted office as provided in this section.
Acceptance of office by councillor
33(4)The following may administer the oath:
(a) the clerk;
(b) a notary public or a commissioner of oaths; or
(c) a judge of the Provincial Court, The Court of Queen’s Bench of New Brunswick or The Court of Appeal of New Brunswick.
Acceptance of office by councillor
33(5)Once administered, an oath shall be filed with the clerk and the clerk shall record in the minutes of council the taking of every oath under this section.
Offences and penalty respecting failure to take oath of office
33(6)Except when excused by council, a person who fails to comply with this section commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category B offence.
Resignation by councillor
33(7)A member of a council may resign his office by filing with the clerk his resignation in writing.
1966, c.20, s.34; 1968, c.41, s.8; 1969, c.58, s.9; 1976, c.40, s.3; 1978, c.41, s.5; 1981, c.52, s.8; 1990, c.61, s.89; 1995, c.46, s.6; 2003, c.27, s.18; 2004, c.2, s.7; 2007, c.79, s.66
Repealed
33.1Repealed: 2003, c.27, s.19
1979, c.47, s.4; 2003, c.27, s.19
Vacancy on council
34(1)A vacancy results in the council when
(a) fewer candidates than are required for office are nominated,
(b) a member resigns from office,
(c) a member dies while in office,
(d) a member is convicted of
(i) an offence punishable by imprisonment for five or more years, or
(ii) an offence under section 122, 123, 124 or 125 of the Criminal Code (Canada),
(e) a member fails to comply with subsection 33(1), (2) or (2.01),
(f) a member ceases to be a resident of the municipality,
(g) except in the case of illness or by leave of the council, a member is
(i) absent from the municipality for more than two months at one time, or
(ii) absent from four or more consecutive regular meetings of the council, or
(g.1) a member has been disqualified or declared incapable of holding office under this or any other Act.
(h) Repealed: 1979, c.47, s.5
34(2)A vacancy does not result where the number of members of a council of a municipality is increased under section 28 or 29.
1966, c.20, s.35; 1968, c.41, s.8; 1972, c.49, s.6; 1979, c.47, s.5; 1995, c.46, s.7; 2003, c.27, s.20
By-election
35(1)Subject to subsections (2) and (3), the council shall by resolution within two months from the date that the vacancy arises, declare each vacancy resulting under subsection 34(1) excepting paragraph (a) thereof and resignations provided for in subsection 39(2), and within ten days of such 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.
35(1.1)Where by reason of a vacancy in a council resulting under paragraphs 34(1)(b), (c), (d), (e), (f), (g) or (g.1) a quorum can no longer be constituted, the Minister shall declare the vacancy resulting therefrom and within ten days of such declaration the clerk shall forward a certified copy to the Municipal Electoral Officer who shall hold a by-election to fill the vacancy.
35(2)The Municipal Electoral Officer shall declare each vacancy resulting under paragraph 34(1)(a) and shall hold a by-election to fill it.
35(3)A by-election shall not be held during the twelve months immediately preceding the date of a quadrennial election provided that nothing herein shall prevent a by-election from being held during the twelve months immediately preceding the date of the first quadrennial election referred to in subsection 38(2) to fill a vacancy in a council to which subsection 38(2) applies.
35(4)Repealed: 1979, c.M-21.01, s.58
35(5)Repealed: 1979, c.M-21.01, s.58
1966, c.20, s.36; 1968, c.41, s.9; 1971, c.50, s.2, 3; 1973, c.62, s.1; 1979, c.M-21.01, s.58; 1979, c.47, s.6; 1997, c.54, s.16; 2004, c.2, s.8
Reduction of quorum by Minister
35.1(1)If, as a result of a vacancy in council resulting under paragraph 34(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 35(2).
35.1(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 quadrennial election.
2003, c.27, s.21; 2004, c.2, s.9
Reduction of council composition by Minister
35.2(1)If by reason of paragraph 34(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.
35.2(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 section 28 or 29, as the case may be.
2003, c.27, s.21
Duties of mayor
36(1)The mayor of a municipality shall
(a) preside at all meetings of council, except as provided for otherwise in a procedural by-law enacted pursuant to section 10.3 or in a municipal charter or a private or special Act,
(b) provide leadership to council,
(c) communicate information and recommend actions to council for the improvement of the municipality’s finances, administration and government,
(d) speak on issues of concern to the municipality on behalf of council, and
(e) perform any other duties conferred upon him or her by this or any other Act or by council.
Duties of mayor
36(1.1)Notwithstanding subsection (1), the mayor of a municipality is subject to the direction and control of council and shall abide by the decisions of council.
Replacement of mayor by deputy mayor
36(2)In the absence or inability of the mayor to act, of if the office of mayor is vacant, the deputy mayor shall act in the place of the mayor, and while so acting, he possesses the powers and shall perform the duties of the mayor.
Duties of councillor
36(2.1)A councillor of a municipality shall
(a) consider the welfare and interests of the entire municipality when making decisions,
(b) bring to the attention of council matters that may promote the welfare or interests of the municipality,
(c) participate in developing and evaluating the policies and programs of the municipality,
(d) participate in meetings of council, council committees and any other body to which he or she is appointed by council, and
(e) perform any other duties conferred upon him or her by this or any other Act or by council.
Remuneration of mayor and councillor
36(3)The council of a municipality, by by-law approved by a majority of those voting, may provide for the payment to the mayor and councillors of
(a) annual salaries in amounts specified in the by-law, and
(b) additional amounts specified in the by-law as allowances for expenses incident to the discharge of duties as mayor and councillors.
1966, c.20, s.37; 1971, c.50, s.4; 2003, c.27, s.22
Repealed
37Repealed: 1979, c.M-21.01, s.58
1966, c.20, s.38; 1968, c.41, s.10; 1971, c.50, s.5; 1979, c.M-21.01, s.58
Election
38(1)Quadrennial elections shall be held on the second Monday in May for the year 2004 and every fourth year thereafter.
Election
38(2)Where a first election is held for a municipality in accordance with paragraph 19(1)(e) within one year prior to a date fixed for a quadrennial election, the second election for that municipality shall be held at the second subsequent quadrennial election thereafter.
Repealed
38(3)Repealed: 1979, c.47, s.7
Repealed
38(4)Repealed: 1979, c.47, s.7; 1979, c.M-21.01, s.58
Repealed
38(5)Repealed: 1979, c.47, s.7; 1979, c.M-21.01, s.58
1966, c.20, s.39; 1967, c.56, s.12; 1968, c.41, s.11; 1971, c.50, s.6; 1976, c.40, s.4; 1979, c.M-21.01, s.58; 1979, c.47, s.7; 2003, c.27, s.23; 2004, c.2, s.10
Tenure of councillor
39(1)A member of council is elected to hold office until the first meeting of an incoming council following a quadrennial election.
Repealed
39(1.1)Repealed: 2004, c.2, s.11
Barrier to being a candidate
39(1.2)Subject to subsection (2), a member who resigns is not qualified to be a candidate at a by-election held to fill the vacancy created by his resignation.
Duty of councillor when seeking other council seat in by-election
39(2)Before a member of a council may file nomination papers for any other office of council in a by-election, he shall resign his office as a member not less than twenty-one days before the day fixed for the close of nominations and shall forthwith send notice of such resignation to the Municipal Electoral Officer.
Duty of councillor when seeking other council seat in by-election
39(3)The Municipal Electoral Officer shall, upon receipt of the resignation notice referred to in subsection (2), forthwith 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 (2).
1966, c.20, s.40; 1967, c.56, s.13; 1968, c.41, s.12; 1969, c.58, s.10, 11; 1971, c.50, s.7; 1976, c.40, s.5; 1979, c.47, s.8; 2003, c.27, s.24; 2004, c.2, s.11
Restriction on activities of outgoing council or rural community council
39.1(1)During the period commencing on the day of a quadrennial election and ending on the day of the first meeting of an incoming council, the council of a municipality shall continue to exercise its powers in relation to the day-to-day activities of the municipality but shall not
(a) enact, amend or repeal a by-law under the authority of this or any other Act,
(b) become a party to any agreement, contract, deed or any other document other than those provided for in the estimates adopted under paragraph 87(2)(a), by function, for the current year,
(c) borrow or make payments of funds other than those provided for in the estimates adopted under paragraph 87(2)(a), by function, for the current year,
(d) purchase or dispose of capital assets, or
(e) appoint or dismiss officers or employees.
39.1(2)If a council acts in contravention of subsection (1), that action is void and has no force or effect.
39.1(3)Notwithstanding subsections (1) and (2), a council may do those things referred to in subsection (1) if
(a) it is in the public interest and is urgently required, or
(b) it is authorized by a by-law made before the day of the quadrennial election.
39.1(4)This section applies with the necessary modifications to a rural community council.
2003, c.27, s.25; 2004, c.2, s.12; 2005, c.7, s.49
Repealed
40Repealed: 1979, c.M-21.01, s.58
1966, c.20, s.41; 1979, c.M-21.01, s.58
Repealed
41Repealed: 1979, c.M-21.01, s.58
1966, c.20, s.42; 1968, c.41, s.13; 1969, c.58, s.12; 1973, c.62, s.2; 1979, c.M-21.01, s.58
Repealed
42Repealed: 1979, c.M-21.01, s.58
1966, c.20, s.43; 1967, c.56, s.14; 1968, c.41, s.14; 1979, c.M-21.01, s.58
Repealed
43Repealed: 1979, c.M-21.01, s.58
1966, c.20, s.44; 1979, c.M-21.01, s.58
Repealed
44Repealed: 1979, c.M-21.01, s.58
1966, c.20, s.45; 1968, c.41, s.15; 1969, c.58, s.13; 1970, c.37, s.1; 1971, c.50, s.8; 1973, c.62, s.3; 1979, c.M-21.01, s.58
Repealed
45Repealed: 1979, c.M-21.01, s.58
1966, c.20, s.46; 1968, c.41, s.16; 1969, c.58, s.14; 1977, c.35, s.1; 1979, c.M-21.01, s.58
Repealed
46Repealed: 1979, c.M-21.01, s.58
1966, c.20, s.47; 1979, c.M-21.01, s.58
Repealed
47Repealed: 1979, c.M-21.01, s.58
1966, c.20, s.48; 1973, c.62, s.4; 1979, c.M-21.01, s.58
Repealed
48Repealed: 1979, c.M-21.01, s.58
1966, c.20, s.49; 1968, c.41, s.17; 1979, c.M-21.01, s.58
Repealed
49Repealed: 1979, c.M-21.01, s.58
1966, c.20, s.50; 1967, c.56, s.15, 16; 1968, c.41, s.18, 19; 1979, c.M-21.01, s.58
Repealed
50Repealed: 1979, c.M-21.01, s.58
1966, c.20, s.51; 1979, c.M-21.01, s.58
Repealed
51Repealed: 1979, c.M-21.01, s.58
1966, c.20, s.52; 1973, c.62, s.5; 1979, c.M-21.01, s.58
Repealed
52Repealed: 1979, c.M-21.01, s.58
1966, c.20, s.53; 1979, c.M-21.01, s.58
Repealed
53Repealed: 1979, c.M-21.01, s.58
1966, c.20, s.54; 1969, c.56, s.17; 1979, c.M-21.01, s.58
Repealed
54Repealed: 1979, c.M-21.01, s.58
1966, c.20, s.55; 1968, c.41, s.20; 1979, c.M-21.01, s.58
Repealed
55Repealed: 1979, c.M-21.01, s.58
1966, c.20, s.56; 1968, c.41, s.21, 22, 23; 1979, c.M-21.01, s.58
Repealed
56Repealed: 1979, c.M-21.01, s.58
1966, c.20, s.57; 1979, c.M-21.01, s.58
Repealed
57Repealed: 1979, c.M-21.01, s.58
1966, c.20, s.58; 1968, c.41, s.24; 1979, c.M-21.01, s.58
Repealed
58Repealed: 1979, c.M-21.01, s.58
1966, c.20, s.59; 1967, c.56, s.18; 1968, c.41, s.25, 26, 27; 1973, c.62, s.6; 1979, c.M-21.01, s.58
Repealed
59Repealed: 1979, c.M-21.01, s.58
1966, c.20, s.60; 1968, c.41, s.28; 1971, c.50, s.9; 1979, c.M-21.01, s.58
Repealed
60Repealed: 1979, c.M-21.01, s.58
1966, c.20, s.61; 1979, c.M-21.01, s.58
Repealed
61Repealed: 1979, c.M-21.01, s.58
1966, c.20, s.62; 1979, c.M-21.01, s.58
Repealed
62Repealed: 1979, c.M-21.01, s.58
1966, c.20, s.63; 1968, c.41, s.29; 1979, c.M-21.01, s.58
Repealed
63Repealed: 1979, c.M-21.01, s.58
1966, c.20, s.64; 1968, c.41, s.30; 1969, c.58, s.15; 1979, c.M-21.01, s.58
Repealed
64Repealed: 1979, c.M-21.01, s.58
1966, c.20, s.65; 1979, c.M-21.01, s.58
Repealed
65Repealed: 1979, c.M-21.01, s.58
1966, c.20, s.66; 1971, c.50, s.9A; 1973, c.62, s.7; 1979, c.M-21.01, s.58
Repealed
66Repealed: 1979, c.M-21.01, s.58
1966, c.20, s.67; 1979, c.M-21.01, s.58; 1979, c.41, s.88; 1980, c.32, s.28; 1981, c.52, s.9
Repealed
67Repealed: 1979, c.M-21.01, s.58
1966, c.20, s.68; 1968, c.41, s.31; 1970, c.37, s.2; 1973, c.62, s.8; 1979, c.M-21.01, s.58; 1979, c.41, s.88; 1980, c.32, s.28; 1981, c.52, s.10
Plebiscite
68(1)The council of a municipality may order a plebiscite on any matter within its powers.
68(2)A plebiscite in any municipality may be held
(a) on the same day as a quadrennial election, or
(b) on any day within the period beginning six months after any quadrennial election and ending six months prior to the next following quadrennial election.
68(3)Repealed: 1979, c.M-21.01, s.58
68(4)Repealed: 1979, c.M-21.01, s.58
68(5)When sixty per cent of those who vote in a plebiscite under this section do so in the affirmative, the council shall forthwith implement the proposal.
68(6)Subject to subsection (7), subsections (1) to (5) apply with the necessary modifications to a rural community.
68(7)A rural community may not order a plebiscite with respect to the provision or discontinuance of a service by the rural community.
1966, c.20, s.69; 1967, c.56, s.19, 20; 1968, c.41, s.32; 1971, c.50, s.10, 11; 1973, c.62, s.9; 1979, c.M-21.01, s.58; 1979, c.47, s.9; 1985, c.4, s.46; 2004, c.2, s.13; 2005, c.7, s.49
Plebiscite for proposed name change
68.1(1)A council of a municipality may order a plebiscite on the matter of a proposed change of name of the municipality.
68.1(2)A plebiscite referred to in subsection (1) shall be held in accordance with subsection 68(2).
68.1(3)When sixty per cent of those who vote in a plebiscite under this section do so in the affirmative, the council shall forthwith recommend to the Minister that the name of the municipality be changed by the Lieutenant-Governor in Council.
68.1(4)Notwithstanding any other Act, upon the recommendation of the Minister, the Lieutenant-Governor in Council may by order change the name of the municipality making the recommendation.
1983, c.56, s.7
Waiver of plebiscite by Minister
68.11(1)Notwithstanding section 68.1, a council of a municipality may
(a) request that the Minister waive the requirement under section 68.1 that a plebiscite be held, and the request shall include the proposed name of the municipality, and
(b) recommend to the Minister that the name of the municipality be changed by the Lieutenant-Governor in Council as set out in the request under paragraph (a).
68.11(2)The Minister shall, in writing, either grant or deny a request made under paragraph (1)(a).
68.11(3)Notwithstanding any other Act, if the Minister grants a request under subsection (2), upon the recommendation of the Minister, the Lieutenant-Governor in Council may by order change the name of the municipality making the recommendation.
2003, c.27, s.26
Application of sections 68.1 and 68.11 to rural community
68.12Sections 68.1 and 68.11 apply with the necessary modifications to a rural community.
2005, c.7, s.49
Recommendation for proposed name change
68.2(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 where the change in the name of the municipality relates to the word “city”, “town” or “village” in either or both official languages.
68.2(2)Notwithstanding any other Act, upon the recommendation of the Minister, the Lieutenant-Governor in Council may by order change the name of a municipality where the change relates to the word “city”, “town” or “village” in either or both official languages.
1997, c.38, s.4
Repealed
69Repealed: 1979, c.M-21.01, s.58
1966, c.20, s.70; 1967, c.56, s.21; 1971, c.50, s.12; 1979, c.M-21.01, s.58
Repealed
70Repealed: 1979, c.M-21.01, s.58
1966, c.20, s.71; 1968, c.41, s.33; 1979, c.M-21.01, s.58
Repealed
71Repealed: 1979, c.M-21.01, s.58
1966, c.20, s.72; 1979, c.M-21.01, s.58
Repealed
72Repealed: 1979, c.M-21.01, s.58
1966, c.20, s.73; 1968, c.41, s.34; 1979, c.M-21.01, s.58; 1979, c.41, s.88
Effect of election of ineligible person
73(1)If a person disqualified or declared incapable of holding office under this or any other Act is nevertheless elected and returned as a member of a council, his election and return is void.
73(2)Every person who is disqualified or declared incapable of holding office and who nevertheless sits or votes, or continues to sit or vote, in a council commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category E offence.
1966, c.20, s.74; 1990, c.61, s.89
Appointment of chief administrative officer
74(1)The council of a municipality may appoint a chief administrative officer for the municipality.
Appointment of clerk, treasurer and auditor
74(2)The council of every municipality shall appoint a clerk, a treasurer and an auditor.
Appointment of municipal officers
74(3)The council of a municipality may appoint an assistant clerk, an assistant treasurer, an engineer, a building inspector, a solicitor and such other officers as are necessary for the administration of the municipality.
Appointment of clerk, treasurer and auditor
74(4)A person may be appointed to more than one office.
Tenure of municipal officers
74(5)With the exception of auditors, all officers employed solely by the municipality on a full time basis and appointed under this section, are entitled, subject to section 85 and subsection (6), to hold office until retirement, death, resignation, or dismissal for cause by the affirmative vote of at least two thirds of the whole council.
Tenure of municipal officers
74(6)Subsection (5) does not apply to a person in respect of whom a resolution has been made under subparagraph 19(9.1)(b)(i), (ii) or (iii).
1966, c.20, s.75; 1975, c.40, s.2; 1982, c.43, s.4; 1997, c.65, s.6; 2003, c.27, s.27
Duties of chief administrative officer
75The chief administrative officer of a city or town has such duties and powers as the council prescribes by by-law or resolution.
1966, c.20, s.76; 2003, c.27, s.28
Duties of clerk
76(1)The clerk of a municipality is the clerk of the council and shall
(a) attend all meetings of council and record in a book
(i) the names of the members of council present at the meeting, and
(ii) all resolutions, decisions and proceedings of the council, without note or comment,
(b) if required by any member of the council present, record the name and vote of every member voting on a question,
(c) keep the books, documents and records of the council and the originals of all by-laws and resolutions,
(c.1) maintain an indexed register of certified copies of all by-laws of the municipality that shall be available for public inspection during regular office hours,
(d) be the custodian of the corporate seal of the municipality,
(d.1) if the mayor and deputy mayor are absent or the office of mayor is vacant, call a meeting of council to select a councillor to act as presiding officer of the council,
(d.2) sign, as required under paragraph 5(2)(b), all agreements, contracts, deeds and other documents to which the municipality is a party,
(e) notify all members of the council of all meetings of the council, and
(f) perform such other duties as the council assigns to him or her.
Assistant clerk
76(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.
1966, c.20, s.77; 2003, c.27, s.29
Powers and duties of treasurer
77(1)The treasurer is the chief financial and accounting officer of the municipality and shall
(a) collect and receive all money of the municipality,
(b) open one or more accounts in the name of the municipality in a chartered bank, credit union or other similar place of deposit approved by the council, and deposit in the accounts all money received by him or her on account of the municipality,
(c) keep such books of record and account as the regulations or the council require,
(d) be the custodian of all books kept as required by paragraph (c) and all financial documents of the municipality,
(e) as soon as practicable after the end of each fiscal year prepare a detailed statement of the finances of the municipality and submit the same, when audited, to the council,
(f) prepare and submit periodic statements to the council as the council requires,
(g) ensure that the municipality is protected by insurance against risks that may involve pecuniary loss or liability on the part of the municipality,
(h) advise the council and its committees on all matters relating to finance or accounting, and
(i) perform such other duties as the council assigns to him or her.
Powers and duties of assistant treasurer
77(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.
1966, c.20, s.78; 2003, c.27, s.30
Cheques
78(1)The mayor or such other person as the council appoints, shall sign jointly with the treasurer all cheques issued by the municipality.
78(2)The council may provide by resolution that any signature required by this section be reproduced.
1966, c.20, s.79
Liability of treasurer
79The treasurer is not liable for any money paid by him in accordance with a by-law or resolution of the council unless another disposition of it is expressly provided for by statute.
1966, c.20, s.80
Qualifications of solicitor
80(1)No person who is not a member of the Law Society of New Brunswick shall be appointed or hold the office of solicitor of a municipality.
Power of municipality to tax and collect costs in action
80(2)Notwithstanding that the remuneration of a solicitor of or counsel to a municipality is paid wholly or partly by salary, the municipality is entitled to tax and collect lawful costs in all actions and proceedings to which it is a party.
1966, c.20, s.81; 1987, c.6, s.68
Qualifications of engineer
81No person shall be appointed or hold the office of engineer of a municipality unless he is a registered professional engineer.
1966, c.20, s.82
Auditor
82(1)A council shall not appoint as an auditor of the municipality a person who is not a chartered accountant or a certified general accountant.
82(2)The auditor shall perform such duties as prescribed by the regulations or the council.
82(3)The auditor shall complete the annual audit by the first day of March.
82(4)Within ten days after completing the annual audit of the municipality the auditor shall transmit to the Minister a certified copy of the financial statements of the municipality together with a copy of his report thereon.
82(5)The Minister
(a) shall cancel the appointment of an auditor who is not qualified under this section to be appointed, and
(b) may cancel the appointment of an auditor who is incapable of making a satisfactory audit.
82(6)When a council fails to appoint an auditor or the appointment of an auditor is cancelled by the Minister, the Minister may appoint an auditor for the municipality and the council shall pay the fees and expenses of the auditor so appointed.
1966, c.20, s.83; 1969, c.58, s.15A; 1975, c.40, s.3; 2000, c.26, s.206; 2001, c.15, s.7
Appointment of acting officer
83If a council is authorized to appoint any officer it may appoint an acting officer if the officer is absent due to illness or any other reason or the office is vacant.
1966, c.20, s.84; 2003, c.27, s.31
Bonding of employees and officers
84(1)Each municipality by by-law shall provide for the annual bonding of the officers and employees listed in the by-law.
84(2)Repealed: 2008, c.44, s.2
84(3)The municipality shall pay the premiums in respect of bonds given under this section.
84(4)The council shall
(a) at a meeting held not later than the fifteenth day of February in each year with respect to officers who continue in office from year to year, and
(b) at the first meeting after his appointment with respect to a newly appointed officer,
require the production before it of every bond required under this section.
84(5)The municipality shall provide for the safe keeping of bonds in a place where they are available for inspection by the auditor.
84(6)The auditor in his annual report shall include such information respecting bonds as is prescribed by regulation.
1966, c.20, s.85; 2008, c.44, s.2
Councillor not eligible to be officer
85(1)No person who has been elected to a council is eligible for appointment as an officer of or employment by the municipality during the term of office referred to in subsection 39(1), unless the person
(a) resigns his or her position on council before applying for the appointment or employment, and
(b) was not involved in any discussions or decisions of council relating to the creation of, qualifications for or remuneration related to the appointment or employment.
85(2)Subsection (1) does not apply when the employment is rendered voluntarily.
1966, c.20, s.86; 1968, c.41, s.35; 1969, c.58, s.16; 2003, c.27, s.32
Indemnification against liability
85.1(1)Except in relation to an action by or on behalf of the municipality, in which case the approval of The Court of Queen’s Bench of New Brunswick must first be obtained, a municipality may indemnify a member or former member of council, an officer or former officer of the municipality, an employee or former employee of the municipality 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 civil, criminal or administrative action or proceeding to which he or she is made a party by reason of being or having been a member of council, an officer or employee of the municipality or a member of a committee, board, commission or agency established by council, if he or she
(a) acted honestly and in good faith with a view to the best interests of the municipality, and
(b) in the case of a criminal or administrative action or proceeding that is enforced by a monetary penalty, had reasonable grounds for believing the conduct was lawful.
85.1(2)Notwithstanding anything in this section, a person referred to in subsection (1) is entitled to indemnity from the municipality 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 municipality or a member of a committee, board, commission or agency established by council if the person seeking indemnity
(a) was substantially successful on the merits in defence of the action or proceeding, and
(b) fulfills the conditions set out in paragraphs (1)(a) and (b).
85.1(3)A municipality may purchase and maintain insurance for the benefit of any person referred to in subsection (1) against any liability incurred by that person
(a) as a member of council, an officer or employee of the municipality or a member of a committee, board, commission or agency established by council, except where 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 municipality, and
(b) as a member of council, an officer or employee of the municipality or a member of a committee, board, commission or agency established by council where he or she acts or acted in that capacity at the municipality’s request except where the liability relates to the failure to act honestly and in good faith with a view to the best interests of the municipality.
85.1(4)A municipality 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 thinks fit.
85.1(5)On an application under subsection (4), 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.
85.1(6)For the purposes of this section, an employee includes a person who provides volunteer services at the request of and on behalf of a municipality.
2003, c.27, s.33
Repealed
86Repealed: 1989, c.27, s.6
1966, c.20, s.87; 1989, c.27, s.6
Fiscal year of municipality
87(1)The fiscal year of every municipality is the calendar year.
Resolution on annual estimate of municipality and imposition of municipal tax
87(2)Each year on or before a date to be fixed by regulation, every municipality shall adopt by resolution and submit to the Minister for approval in the prescribed form
(a) an estimate of the money required for the operation of the municipality,
(b) the amount of that estimate to be raised on the municipal tax base,
(c) subject to subsection (2.001), the rate at which the amount referred to in paragraph (b) is to be raised, and
(d) the imposition of the tax under paragraph 5(2)(a) of the Real Property Tax Act.
87(2.001)For the year 2010, the rate to be used in paragraph (2)(c) shall be the rate determined under subsection 5.01(2) of the Real Property Tax Act or adopted under paragraph 5.01(3)(b) of that Act, as the case may be.
87(2.01)A municipality shall provide, in the prescribed form referred to in subsection (2), the sources and the estimates from those sources by which the difference in amount between the estimate under paragraph (2)(a) and the estimate under paragraph (2)(b) is to be raised.
87(2.1)When computing the municipal tax base for the purposes of paragraph (2)(b), the assessed value of real property in a municipality owned by the Crown in right of Canada shall be the amount determined by the Minister in accordance with subsection (2.2).
87(2.2)The assessed value of real property in a municipality owned by the Crown in right of Canada shall be determined by the Minister by making
(a) adjustments to the assessed value of the real property to reflect the previous year’s property value determined under the Payments in Lieu of Taxes Act (Canada), and
(b) such other adjustments as may be required be made in respect of real property reclassifications and alterations and other modifications to real property so as to reflect the anticipated property value determined under the Payments in Lieu of Taxes Act (Canada).
Assessment rate of municipality
87(3)If the estimate under paragraph (2)(a) is not approved by the Minister, the municipality shall adopt by resolution
(a) a revision of the estimate under paragraph (2)(a),
(b) a revision of the amount under paragraph (2)(b), and
(c) a revision of the rate under paragraph (2)(c)
and shall submit the revisions to the Minister for approval.
Assessment rate of municipality
87(3.1)Upon the approval of the Minister, the rate adopted under this section is the rate fixed for the purposes of the Real Property Tax Act.
Assessment rate of municipality
87(3.2)Failure to pass a resolution under this section does not invalidate the rate fixed under subsection (3.1).
Assessment rate of municipality
87(4)Where the municipal services vary in different areas of the municipality to a degree that, in the opinion of the Council, warrants an adjustment of the rate fixed in paragraph (2)(c), the municipality may fix different rates for different areas, or portions thereof, accordingly.
Assessment rate of municipality
87(5)Where an unincorporated area is annexed to a municipality, the municipality, with the approval of the Lieutenant-Governor in Council and subject to the terms and conditions set by the Lieutenant-Governor in Council, may for a period not exceeding ten years fix a rate that is different than the rate fixed in paragraph (2)(c) or subsection (4) for real property that
(a) was located in the unincorporated area immediately before the annexation, and
(b) is not subject to a credit under section 2 or 2.1 of the Residential Property Tax Relief Act.
Assessment rate of municipality
87(6)Where a municipality fixes a rate under subsection (4) or (5), the municipality shall adjust the rate fixed in paragraph (2)(c) so that the amount of the estimate under paragraph (2)(b) remains the same.
1966, c.20, s.88; 1967, c.56, s.22; 1968, c.41, s.36; 1973, c.60, s.9; 1975, c.40, s.4; 1977, c.34, s.9; 1979, c.47, s.10; 1982, c.44, s.1; 1987, c.39, s.5; 1993, c.57, s.6; 1995, c.46, s.8; 1996, c.46, s.25; 1999, c.23, s.1; 2000, c.26, s.206; 2001, c.15, s.7; 2002, c.6, s.6; 2005, c.7, s.49; 2008, c.31, s.13; 2009, c.15, s.7; 2010, c.35, s.6; 2012, c.44, s.11
Adjustments for payments made under Payments in Lieu of Taxes Act (Canada)
87.1(1)Where an amount paid by the Province to a municipality in respect of a grant under the Payments in Lieu of Taxes Act (Canada) for a fiscal year is less than the amount actually received by the Province,
(a) the council of the municipality shall, on notice by the Minister, cause the difference to be credited to the current fund for the second next ensuing year, and
(b) the Minister shall for the second next ensuing year include the amount that represents such difference in the payment made under section 8 of the Community Funding Act.
87.1(2)Where a payment made by the Province to a municipality in respect of a grant under the Payments in Lieu of Taxes Act (Canada) for a fiscal year exceeds the amount actually received by the Province,
(a) the council of the municipality shall, on notice by the Minister, cause the difference to be debited against the current fund for the second next ensuing year, and
(b) the Minister shall for the second next ensuing year deduct the amount that represents such difference from the payment made under section 8 of the Community Funding Act.
1999, c.23, s.2; 2000, c.26, s.206; 2001, c.15, s.7; 2005, c.7, s.49; 2006, c.16, s.119; 2012, c.56, s.31
Municipal documents open to public
88(1)The following shall be available for inspection or examination by members of the public in the office of the clerk during regular office hours:
(a) the adopted minutes of council meetings;
(b) the audited financial statements of a municipality;
(c) the estimates adopted by a municipality under paragraph 87(2)(a); and
(d) any other financial record or document prescribed by the Lieutenant-Governor in Council.
88(2)Notwithstanding 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 pursuant to subsection 10.2(4), shall not be open for inspection or examination by members of the public.
1966, c.20, s.89; 1968, c.41, s.37; 2003, c.27, s.34
Borrowing powers of municipality
89(1)Subject to this section and the Municipal Capital Borrowing Act, a municipality may borrow money for municipal purposes.
89(2)A municipality shall not, in any one year, borrow for its current operations any money in excess of the sum represented by four per cent of the budget of that municipality for that year or five thousand dollars, whichever is the greater.
89(3)Subject to subsection (4), a municipality shall not, in any one year, borrow for capital expenditures any money in excess of the sum represented by two per cent of the assessed value of real property in that municipality.
89(4)Subject to subsection (5), where sixty per cent of those voting at a plebiscite held for authority to borrow in excess of the sum mentioned in subsection (3) vote in the affirmative a municipality may borrow the sum authorized by the plebiscite.
89(5)Subject to subsection (6), no municipality may borrow any money for capital expenditures
(a) where the amount to be borrowed would exceed six per cent of the assessed value of real property in the municipality, or
(b) subject to the terms and conditions prescribed by regulation, where the annual charges to repay the total amount of money borrowed would exceed the percentage prescribed by regulation of the budget of the municipality.
89(6)The money borrowed under subsections (3) and (5) is deemed to be the net amount of money borrowed.
89(7)For the purposes of this section any money borrowed by a municipality under section 111 or for the construction or renovation of an electric power, water or sanitary sewerage system is not considered as money borrowed.
89(8)The council of a municipality having an audited general fund surplus at the end of a fiscal year shall cause such surplus to be credited to the current fund for the second next ensuing year.
89(9)The council of a municipality having an audited general fund deficit at the end of a fiscal year shall cause such deficit to be debited against the current fund for the second next ensuing year.
1966, c.20, s.90; 1967, c.56, s.23; 1968, c.41, s.38, 39; 1969, c.58, s.17, 18, 19; 1978, c.41, s.6; 1979, c.47, s.11; 1981, c.52, s.11; 1982, c.44, s.1
Capital and operating reserve funds
90A municipality may, in accordance with the regulations, establish, manage and contribute to
(a) an operating reserve fund, and
(b) a capital reserve fund.
1966, c.20, s.91; 1967, c.56, s.24; 1974, c.33 (Supp.), s.2; 1979, c.47, s.12; 1996, c.45, s.2
GRANTS
2003, c.27, s.35
Grants
90.01(1)Subject to subsection (4), a municipality may, by resolution of council, make grants to the following upon such terms and conditions as determined by council:
(a) a charitable or non-profit organization or corporation;
(b) an athletic, cultural, environmental, social or educational organization; and
(c) any other organization or corporation if, in the opinion of council, the grant will assist in the development of the municipality.
90.01(2)A municipality may make a grant under this section where the grant may only benefit a portion of the municipality or some of its residents.
90.01(3)A municipality may make a grant under this section to a recipient who is, or whose facilities, programs or activities are, primarily or wholly located or carried on outside of the municipality if council is of the opinion that some or all of the residents of the municipality may benefit from the grant.
90.01(4)A municipality shall not make a grant under this section that either directly or indirectly reduces or reimburses the taxes or utility charges paid or payable to the municipality by the recipient of the grant.
90.01(5)When making or refusing to make a grant under this section, a municipality may differentiate between potential recipients as to the making of the grant, the amount of the grant or any terms and conditions imposed on the grant.
90.01(6)This section applies with the necessary modifications to a rural community.
2003, c.27, s.35; 2005, c.7, s.49
CONFLICT OF INTEREST
1981, c.52, s.12
Definitions
90.1In sections 90.1 to 90.91
“charitable organization” means a registered Canadian charitable organization under the Income Tax Act (Canada);(œuvre de bienfaisance)
“clerk” includes, in the case of a local board, the secretary of the local board;(secrétaire)
“controlling interest” means beneficial ownership of, or direct or indirect control or direction over, voting shares of a public company carrying more than ten per cent of the voting rights attached to all voting shares of the company for the time being issued;(intérêt majoritaire)
“employ” means an employment relationship characterized by the payment of wages, salary or other regular remuneration and does not include a relationship compensated on a fee for services basis;(emploi)
“family associate” means a spouse, parent, child, brother or sister;(proche famille)
“local board” means(commission locale)
(a) a body whose entire membership is appointed under the authority of a council but does not include an industrial commission or its board of directors,
(b) a water or wastewater commission constituted under section 15.2 of the Clean Environment Act, and
(c) Repealed: 2012, c.44, s.11
(d) Repealed: 2012, c.44, s.11
(e) any body prescribed by regulation;
“member” means a member of a municipal council or a local board;(membre)
“private company” means a company whose securities are not offered to the public;(compagnie privée)
“public company” means a company whose securities are offered to the public;(compagnie publique)
“senior appointed officer” means a person employed or appointed by a municipality or a local board who fulfills the responsibilities of any of the following:(fonctionnaire supérieure nommé)
(a) a chief administrative officer, or the person who has the primary responsibility to council for administration of the affairs of the municipality;
(b) a treasurer, or the person who has the primary responsibility to council for the financial affairs of the municipality;
(c) a clerk;
(d) a municipal solicitor, or the person who has the primary responsibility to advise council on legal matters;
(e) a municipal engineer, or the person who has the primary responsibility to council for the construction and maintenance of public works in a municipality;
(f) a municipal planner, or the person who has the primary responsibility to council or a local board for zoning and other community planning matters;
(g) a building inspector, or the person who has the primary responsibility to council for the enforcement of by-laws or other laws with respect to building and construction within the municipality;
(h) a fire chief;
(i) a chief of police;
(j) a purchasing agent;
“senior officer” means the chairman or any vice chairman of the board of directors of a company, the president, any vice president, the secretary, the treasurer or the general manager of a company, or any person who performs functions for a company similar to those normally performed by a person occupying any such office;(dirigeant supérieur)
“service club” means a non-profit organization one of the primary objectives of which is to provide community services on a voluntary basis.(club philanthropique)
1981, c.52, s.12; 1982, c.43, s.5; 2003, c.27, s.36; 2012, c.32, s.9; 2012, c.44, s.11
Member or senior appointed officer
90.2(1)Subject to subsection (1.1) and section 90.3, for the purposes of this Act a member or a senior appointed officer has a conflict of interest if
(a) he or a family associate
(i) has or proposes to have any interest in any contract in which the council or local board of which he is a member or by whom he is employed or was appointed has an interest; or
(ii) has an interest in any other matter in which such council or local board is concerned that would be of financial benefit to him or the family associate;
(b) he, his nominee or a family associate is a shareholder in, or is a director or a senior officer of, a private company that
(i) has or proposes to have an interest in any contract with such council or local board; or
(ii) has an interest in any other matter in which such council or local board is concerned that would be of financial benefit to the company;
(c) he, his nominee or a family associate has a controlling interest in or is a director or a senior officer of a public company that
(i) has or proposes to have an interest in any contract with such council or local board; or
(ii) has an interest in any other matter in which such council or local board is concerned that would be of financial benefit to the company; or
(d) he or a family associate would otherwise benefit financially by a decision of such council or local board in any contract, proposed contract or other matter in which the council or local board is concerned.
Member or senior appointed officer
90.2(1.1)A member or a senior appointed 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 appointed officer knew or ought reasonably to have known of the family associate’s interest.
Member or employee of union
90.2(2)A member who belongs to or is employed by a trade union that has or is seeking to enter into a collective agreement with the municipality or any local board appointed by it on behalf of employees of the municipality or local board has a conflict of interest with respect to any matter relating to the administration or negotiation of the collective agreement.
1981, c.52, s.12; 2003, c.27, s.37
Exception to 90.2
90.3A member or a senior appointed officer does not have a conflict of interest and does not violate section 90.8 by reason only that he or a family associate is, as the case may be,
(a) a qualified voter, an owner-occupier of residential property, or a user of any public utility service supplied to him by the municipality or local board in like manner and subject to like conditions as are applicable in the case of persons who are not members;
(b) entitled to receive on terms common to other persons any service or commodity or any subsidy, loan or other such benefit offered by the municipality or local board;
(c) a purchaser or owner of a debenture of the municipality or local board;
(d) a person who has made a deposit with a municipality or local board, the whole or part of which is or may be returnable to him in like manner as such a deposit is or may be returnable to other qualified voters;
(e) eligible for election or appointment to fill a vacancy, office or position in the council or local board when the council or local board is empowered or required by any general or special Act to fill such vacancy, office or position;
(f) a person having an interest in land valued in use as farm land or farm woodlot under the Assessment Act or being registered under the Farm Land Identification Program under the Real Property Tax Act;
(g) a director or senior officer of a company incorporated for the purpose of carrying on business for and on behalf of a municipality or local board, or being a member of a board, commission, or other body as an appointee of the council or local board of which he is a member;
(h) in receipt of an allowance for attendance at meetings, or any other allowance, honorarium, remuneration, salary or benefit to which he may be entitled by reason of being a member of the council or local board, or as a member of a volunteer fire brigade;
(i) an honorary member of a trade union;
(j) a person having any interest which is an interest in common with voters generally;
(k) a person having an interest which is so remote or insignificant in its nature that it cannot reasonably be regarded as likely to influence the member; or
(l) a member or officer of a service club or charitable organization that is in receipt of a benefit from the municipality or local board.
1981, c.52, s.12; 2003, c.27, s.38
Obligation of member to disclose
90.4(1)Upon the coming into force of this section, and thereafter upon assuming office, each member shall file with the clerk in the form prescribed by regulation a statement disclosing any conflict of interest of which he has knowledge or should reasonably have knowledge; but a member need not disclose particulars of his financial interest or the extent of any interest in any matter giving rise to a conflict of interest.
Obligation of member to disclose
90.4(2)A disclosure similar to that described in subsection (1) shall forthwith be made by each member where a conflict of interest arises while he is in office.
Obligation of member to disclose
90.4(3)Where a member has a conflict of interest with respect to any matter in which the council or local board is concerned and he is present at a meeting of council or the local board, a meeting of a committee of council or the local board, or any other meeting at which business of council or the local board is conducted, at which the matter is a subject of consideration he shall,
(a) as soon as the matter is introduced, disclose that he has a conflict of interest in the matter; and
(b) forthwith withdraw from the meeting room while the matter is under consideration or vote.
Repealed
90.4(4)Repealed: 2003, c.27, s.39
Repealed
90.4(5)Repealed: 2003, c.27, s.39
1981, c.52, s.12; 2003, c.27, s.39
Obligation of senior appointed officer to disclose
90.5(1)Upon the coming into force of this section, and thereafter upon assuming office, a senior appointed officer shall file with the clerk in the form prescribed by regulation a statement disclosing any conflict of interest of which he has knowledge or should reasonably have knowledge; but a senior appointed officer need not disclose particulars of his financial interest or the extent of any interest in any matter giving rise to a conflict of interest.
90.5(2)A disclosure similar to that described in subsection (1) shall forthwith be made by each senior appointed officer where a conflict of interest arises while he is in office.
1981, c.52, s.12
Recording and filing of declaration of conflict of interest
90.6(1)Every disclosure of interest filed under subsection 90.4(1) or (2) or under section 90.5 shall be recorded and kept in a file by the clerk, and that file shall be open during regular office hours for inspection or examination by any person qualified to vote under the Municipal Elections Act or resident in the area for which the local board was established and qualified to vote under the Elections Act.
90.6(2)Every verbal declaration made under subsection 90.4(3) shall be recorded in the minutes of the meeting by the person responsible therefor.
90.6(3)The date for determining whether the elector qualifications under the Elections Act or Municipal Elections Act are met shall be the date of the making of the examination or inspection, as the case may be.
1981, c.52, s.12; 1997, c.47, s.4
Deemed quorum
90.7(1)Where the number of members who, by reason of the provisions of this Act, are required to withdraw from a meeting is such that at that meeting the remaining members are not of sufficient number to constitute a quorum, notwithstanding any other general or special Act the remaining members shall be deemed to constitute a quorum if there are not fewer than three.
Quorum not attained
90.7(2)Where there are insufficient remaining members to constitute what is deemed to be a quorum pursuant to subsection (1), the council or local board may apply to the Minister for an order authorizing it to consider, to discuss and to vote on the matter with respect to which the conflict of interest has arisen.
Quorum not attained
90.7(3)The Minister may, on application brought under subsection (2), by order declare that, notwithstanding this Act, the council or local board or certain members thereof may consider, discuss and vote on the matter raised in the application as if a conflict of interest did not exist, subject only to such conditions and directions as the Minister may consider appropriate and so order.
1981, c.52, s.12
Exception
90.8(1.1)Subsection (1) does not apply to a senior appointed officer who, within the scope of his employment, provides to a council or a local board, or to a committee of a council or a local board, advice on a matter with respect to which he has a conflict of interest, at the request of the council, local board or committee made with knowledge of the conflict.
Prohibited conduct
90.8(2)A member or senior appointed officer shall not
(a) accept any fees, gifts, gratuities or other benefit that could reasonably be seen to influence any decision made by him in the carriage of his functions as a member or senior appointed officer, or
(b) for his personal gain or for the personal gain of a family associate make use in any way of his position or of any privileged information to which he may have access or to which he is privy because of his position.
1981, c.52, s.12; 1982, c.43, s.6
Offences and penalties
90.9(1)Subject to subsection (2),
(a) a person who fails to comply with section 90.4 or 90.5 commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category F offence, and
(b) a person who fails to comply with section 90.8 commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category H offence, and
in addition to or in lieu of any sentence which may be imposed in accordance with the Provincial Offences Procedure Act, the Court may make one or more of the following orders, namely
(c) order the person to resign his office or position on such terms and conditions as the Court prescribes,
(d) prohibit the person from holding that office or position or any other specified office or position during such period of time as the Court prescribes,
(e) where the contravention has resulted in financial gain to the person or a family associate, to return any gain realized thereby in accordance with terms and conditions imposed by the Court, or
(f) make any other order that the Court considers appropriate in the circumstances,
and a failure to comply with any such order shall be deemed to be a contempt in the face of the Court and is punishable as such.
Absolute discharge
90.9(2)Notwithstanding that an offence has been committed under subsection (1), the Court may give an absolute discharge to any person where
(a) the violation has not resulted in any personal gain to the person accused, and
(b) the violation was, in the opinion of the Court, one of mere inadvertence.
Limitation period
90.9(3)A prosecution may be instituted with respect to an offence under subsection (1) at any time within three years after the offence was committed.
1981, c.52, s.12; 1982, c.43, s.7; 1983, c.56, s.8; 1990, c.61, s.89
Presumption
90.91The provisions of this Act with respect to conflicts of interest in municipal governments shall be deemed to supersede all other provisions that may exist in any other Act, public or private, any regulation thereunder, any municipal by-law or any municipal charter with respect to such matters, notwithstanding that no conflict may exist between the provisions of this Act and such other provisions.
1981, c.52, s.12
AMUSEMENT DEVICE
Amusement device
91(1)In this section “amusement device” means a machine, contrivance or device that,
(a) upon insertion therein of any money or other article
(i) provides or may provide to the operator thereof any amusement or recreation, or
(ii) may be used by the operator for the purpose of playing a game of skill, and
(b) is not a slot machine under the Criminal Code (Canada).
91(2)A council by by-law may provide for the licensing of amusement devices.
91(3)Without restricting the generality of subsection (2) the council by such by-law
(a) may provide for the payment of a licence fee with respect to amusement devices by any person who has in his possession or on any premises occupied by him any amusement device,
(b) may impose a licence fee of an amount not exceeding forty dollars for each amusement device,
(c) may provide, in addition to any other penalty for the confiscation to the municipality of an amusement device for which the licence fee has not been paid, and
(d) may regulate the location, use and operation of amusement devices.
1966, c.20, s.92; 1977, c.35, s.2; 2003, c.27, s.40
LOITERING AND BEGGING
1977, c.35, s.3
Prohibition against loitering and begging
91.1(1)No person shall loiter unless such person, when required to do so, justifies his reason for doing so.
91.1(2)No person shall beg or solicit from door to door or in a public place except as may be authorized by the municipality.
91.1(3)A person who violates this section commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category B offence.
1977, c.35, s.3; 1990, c.61, s.89
Application of section 91.1
91.2Section 91.1 shall be in force in every municipality that by by-law adopts that section as being in force in that municipality and every municipality has the authority to make such by-law.
1977, c.35, s.3
BOOK AGENTS’ EXEMPTION
Book agents’ exemption
92(1)No person requires, in a municipality or a rural community, a licence to sell or to solicit orders for any book approved by the Lieutenant-Governor in Council under the provisions of this section unless the council of the municipality or the rural community council, as the case may be, enacts a by-law specifically requiring the person to obtain a licence and to pay a licence fee not exceeding twenty dollars.
92(2)The Lieutenant-Governor in Council may, by order in council, approve a book for the purposes of this section.
92(3)A person who, in the course of selling or soliciting orders for any book, indicates in any way that the book has been approved by the Lieutenant-Governor in Council commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category E offence.
1966, c.20, s.93; 1977, c.35, s.4; 1983, c.8, s.24; 1990, c.61, s.89; 2005, c.7, s.49
CODES
Codes
93The Lieutenant-Governor in Council may by regulation approve codes that may be adopted by a municipality respecting
(a) standards for maintenance and occupancy of buildings and premises,
(a.1) blasting operations including, without limiting the generality of the foregoing, the conducting of pre-blast surveys of properties that may be affected by blasting operations, the maintenance and inspection of blasting records, the establishment of hours of operation and the establishment of the maximum permissible levels of sound, dust and vibration that may be created by blasting operations, and
(b) Repealed: 2003, c.27, s.41
(c) Repealed: 2003, c.27, s.41
(d) any other municipal matters.
1966, c.20, s.94; 1972, c.49, s.7; 1973, c.62, s.10; 1985, c.61, s.1; 2003, c.27, s.41
Codes
94(1)A council may by by-law adopt a code approved under section 93 or a portion of such a code, with or without setting forth its provisions.
94(2)Where a council adopts a code under subsection (1) without setting forth its provisions, any penalty clauses contained in the code shall be deemed not to have been adopted.
94(3)Where a council makes a by-law respecting standards for maintenance and occupancy of buildings and premises, any provision of the by-law that conflicts with a provision of the code approved by the Lieutenant-Governor in Council under paragraph 93(a) or that is not contained in the code has no affect unless approved by the Minister.
94(4)Before making a by-law under subsection (1) or (3) the council shall
(a) publish a notice of its intention to consider the passing of the by-law in a newspaper having general circulation in the municipality, which notice shall specify the code or portion thereof that it proposes to adopt, and
(b) make a copy of the by-law and the code available for inspection at the office of the clerk for not less than fifteen days before the by-law is passed.
94(5)Where a by-law made pursuant to subsection (1) or (3) is in force in a municipality, the clerk shall keep available in his office for public examination a copy of the code or portion thereof adopted.
1966, c.20, s.95; 1970, c.37, s.3; 1972, c.49, s.8; 1973, c.62, s.11; 1994, c.16, s.1; 2003, c.27, s.42
Codes
94.1If a council makes a by-law under subsection 94(1) or (3), subsections 190.001(1) and 190.01(3) and sections 190.02 to 190.07 shall be incorporated into the by-law with the necessary modifications.
2003, c.27, s.43; 2006, c.4, s.1
RESIDENTIAL MAINTENANCE AND OCCUPANCY STANDARDS
2006, c.4, s.2
Leasing of dwelling or dwelling unit
94.2(1)In this section
“dwelling” means a building any part of which is used or is intended to be used for the purposes of human habitation, whether or not the building is in such state of disrepair so as to be unfit for such purpose;(habitation)
“dwelling unit” means one or more rooms located within a dwelling and used or intended to be used for human habitation by one or more persons.(logement)
94.2(2)A person who is leasing a dwelling or dwelling unit to another person shall ensure that the dwelling or dwelling unit complies at all times with the standards provided for pursuant to a by-law under subsection 94(1) or (3).
94.2(3)A person who violates or fails to comply with subsection (2) commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category F offence.
94.2(4)Notwithstanding subsection 56(6) of the Provincial Offences Procedure Act, the minimum fine that may be imposed by a judge under that Act in respect of an offence under subsection (3) shall be one thousand dollars.
94.2(5)Where an offence under subsection (3) continues for more than one day,
(a) the minimum fine that may be imposed is the sum of
(i) one thousand dollars, and
(ii) the minimum fine set by the Provincial Offences Procedure Act for a category F offence multiplied by the number of days during which the offence continues after the first day, and
(b) the maximum fine that may be imposed is the maximum fine set by the Provincial Offences Procedure Act for a category F offence multiplied by the number of days during which the offence continues.
2006, c.4, s.2
CURFEW
Curfew
95(1)A council may make by-laws regulating the time after which children of defined ages are not to be in a public place at night without proper supervision.
95(2)A child below the defined age or apparently so found in a public place after the time appointed may be ordered to his home by any peace officer, and in case of refusal he may be dealt with as a child whose security or development may be in danger under the Family Services Act.
95(3)A parent who permits his child to violate a by-law made under this section commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category B offence.
1966, c.20, s.96; 1977, c.35, s.5; 1982, c.3, s.50; 1985, c.4, s.46; 1987, c.6, s.68; 1990, c.61, s.89; 2003, c.27, s.44
PET ESTABLISHMENT
STANDARDS
Repealed: 1997, c.27, s.6
1975, c.40, s.5; 1997, c.27, s.6
95.1Repealed: 1997, c.27, s.6
1975, c.40, s.5; 1990, c.61, s.89; 1994, c.16, s.2; 1997, c.27, s.6; 2003, c.27, s.45
ANIMALS IN MUNICIPALITIES
1994, c.80, s.1
By-laws respecting animals
96(0.1)For the purposes of this section, an animal that is defined by partial breed is defined by reference to the breed of either its dam or sire.
By-laws respecting animals
96(1)Subject to subsection (2), the council of a municipality may make by-laws
(a) respecting animal control;
(b) respecting the keeping of animals;
(c) respecting disturbances by animals;
(d) respecting the protection of persons and property from animals;
(e) respecting the seizure of animals on private or public property;
(f) respecting the licensing of animals;
(g) defining fierce or dangerous animals, including defining them by breed, cross-breed or partial breed;
(h) prohibiting or regulating the keeping of fierce or dangerous animals;
(i) providing that a judge of the Provincial Court to whom a complaint has been made, alleging that a animal has bitten or attempted to bite a person, may summon the owner of the animal to appear and to show cause why the animal should not be destroyed and may, if from the evidence produced it appears that the animal has bitten or has attempted to bite a person, make an order directing
(i) that the animal be destroyed, or
(ii) that the owner or keeper of the animal keep the animal under control; and
(j) respecting any other matter or thing in relation to animals within the municipality.
Regulations
96(2)The Lieutenant-Governor in Council may make regulations respecting exceptions to any of the powers to make by-laws given to the council of a municipality under subsection (1).
Construction of by-laws
96(3)Subject to subsection (4), notwithstanding that specific powers are given in paragraphs (1)(a) to (i) to the council of a municipality to make by-laws in relation to animals, no person, court, tribunal or other body shall construe the giving of those specific powers so as to limit the general powers given in paragraph (1)(j) and paragraph (1)(j) shall be construed so as to give the council the broadest possible powers to make by-laws that the council considers advisable and necessary respecting animals within the municipality, subject to any exceptions that the Lieutenant-Governor in Council may establish under subsection (2).
Conflict
96(4)If a conflict exists between any by-law made under subsection (1) and the provisions of this Act, any other Act of the Legislature or any Act of the Parliament of Canada or any regulation or statutory instrument made under any of those Acts, the provisions of those Acts or of the regulation or statutory instrument, as the case may be, shall prevail.
Offence and penalty
96(5)A person who fails to comply with the provisions of an order made under the provisions of a by-law under paragraph (1)(b) commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category B offence.
1966, c.20, s.97; 1968, c.41, s.40; 1970, c.37, s.4, 5; 1971, c.50, s.13; 1977, c.35, s.6; 1981, c.52, s.13; 1983, c.56, s.10; 1989, c.27, s.7; 1990, c.61, s.89; 1994, c.80, s.2; 1997, c.27, s.6; 2003, c.27, s.46
EARLY CLOSING
Early closing
97(1)In this section, “closed” means not open for the service of a customer.
97(2)A council may make by-laws requiring retail businesses to be closed and remain closed during the whole or any part of any day as the by-law specifies.
97(3)Without restricting the generality of subsection (2) the council may by such by-laws
(a) classify retail businesses according to the class of goods, wares or merchandise sold, offered for sale or displayed there or according to the trade conducted or service provided there,
(b) provide that the by-law or any part thereof applies to one or more of such classes, and
(c) provide different regulations for different classes.
97(4)A by-law requiring a class of retail businesses to close and remain closed during any period of time may provide that during the period one or more of such retail businesses, as designated in writing by an official named by the council, may remain open on the days and between the hours specified in the written designation.
(a) more than one class of goods, wares or merchandise is sold, offered or displayed for sale in a retail business, or
(b) more than one trade is carried on or service provided in a retail business, and
(c) a by-law does not apply to one or more of such classes of goods, wares or merchandise or to one or more of such trades or services,
such retail business may on such terms and conditions as specified in the by-law, be kept open during the closed hours for the sale of such goods, wares or merchandise or for the purposes of such trades or services only.
97(6)A by-law does not prohibit the continuance in a retail business after the hour specified for the closing thereof of any customers in the establishment immediately before that hour or the serving of such customers during their continuance therein.
97(7)A by-law made under this section does not apply to
(a) a retail business that is engaged in an activity referred to in subsection 4(3) or (4) of the Days of Rest Act, or
(b) an activity or the operation of a business or industry that is referred to in subsection 3(1) of New Brunswick Regulation 85-149 under the Days of Rest Act.
1966, c.20, s.98; 2004, c.24, s.3
ENEMY ACTION
Enemy action
98(1)A council may make by-laws
(a) requiring residents to provide themselves with, and to maintain and keep upon any premises owned or occupied by them the equipment specified in the by-law for the prevention of damage due to acts of the Queen’s enemies, and
(b) requiring persons who own or occupy buildings or portions thereof to perform the acts specified in the by-law.
98(2)A by-law made under this section may be limited in its operation to particular areas specified in the by-law.
98(3)A person who fails to comply with the provisions of any by-law made under this section commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category B offence.
1966, c.20, s.99; 1990, c.61, s.89
GRAVEL PITS
Gravel pits
99(1)Notwithstanding the Mining Act and section 100, a council may make a by-law respecting the safe operation and maintenance of gravel pits being operated within the municipality and gravel pits no longer in operation within the municipality, and may in the by-law prescribe fines for violations of the provisions thereof to a maximum of five hundred dollars for a single violation and one hundred dollars a day for each day that the violation continues.
99(2)Where a council has made a by-law under subsection (1), the council may order any work that it deems necessary for the safety of persons to be done in or around a gravel pit and the expense of the work is a debt owed by the owner of the gravel pit to the municipality.
1972, c.49, s.9
ENFORCEMENT OF BY-LAWS
Enforcement of by-laws
100(1)Subject to this Act, a council may by by-law
(a) provide that a person who violates any provision of a by-law commits an offence and is liable on conviction to a fine;
(b) impose minimum fines for violation of a provision of a by-law;
(c) impose fines for a violation of a provision of a by-law not to exceed the maximum fine that may be imposed for commission of an offence punishable under Part II of the Provincial Offences Procedure Act as a category D offence;
(d) provide that when a person is convicted of doing any thing without a licence for or in respect of which a licence is required by a by-law the judge of the Provincial Court may, unless such person has paid the fee for such licence, order payment thereof in addition to the fine;
(e) provide that when a person is convicted of a violation of a by-law relating to the licensing, operation or parking of bicycles the judge of the Provincial Court may, in addition to or in lieu of imposing a fine, order that the bicycle in respect of which the offence was committed be impounded for not more than thirty days; and
(f) provide that when a person is convicted of a violation of a by-law relating to animals, other than a by-law enacted under section 96, the judge of the Provincial Court may, in addition to or in lieu of imposing a fine, order that the animal in respect of which the offence was committed be disposed of or destroyed.
100(2)Where the judge of the Provincial Court orders payment of a licence fee in addition to the fine under paragraph (1)(d), the licence fee shall be deemed to form part of the fine.
100(3)Where a by-law imposes a fine for violation of a provision of a by-law, the council may by by-law provide that such fine be paid as prescribed by by-law and upon such payment the person committing the violation is not liable to be prosecuted therefor.
1966, c.20, s.100; 1990, c.22, s.35; 1994, c.81, s.1; 2003, c.27, s.47; 2008, c.11, s.21
Enforcement of by-laws
100.1A council may by by-law provide that a person who commits an offence under subsection 94.2(3) or 102.1(1.2) or in respect of a by-law under subsection 94(1) or (3) or section 190 may pay an amount fixed by by-law that is less than the minimum fine that may upon conviction be imposed for the offence and that, upon such payment, the person is not liable to be prosecuted for the offence.
2006, c.4, s.3
Enforcement of by-laws
100.2For the purposes of the Provincial Offences Procedure Act,
(a) offences under subsection 94.2(3) or 102.1(1.2) or offences in respect of a by-law under subsection 94(1) or (3) or section 190 are prescribed offences for the purposes of section 9 of that Act, and
(b) a by-law enforcement officer appointed under section 14 of the Police Act and designated by resolution of the council of a municipality is an authorized person who may serve tickets in respect of the offences referred to in paragraph (a).
2006, c.4, s.3
Enforcement of by-laws
101Proceedings for breach of a by-law shall be commenced in the name of the clerk of the municipality or such other person as is designated for that purpose by the council.
1966, c.20, s.101; 1971, c.50, s.14; 1990, c.22, s.35
Enforcement of by-laws
102Conviction of a person for violation of a by-law does not relieve him from compliance with the by-law and a judge of the Provincial Court may, in addition to the fine imposed, order him to do within a specified time any act or thing necessary for the proper observance of the by-law or to remedy the violation thereof and a person who, after the expiry of such specified time, fails to comply with the order of the judge of the Provincial Court commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category F offence.
1966, c.20, s.102; 1977, c.35, s.7; 1990, c.61, s.89
Enforcement of by-laws
102.1(0.1)In this section
“dwelling” means a building any part of which is used or is intended to be used for the purposes of human habitation, whether or not the building is in such state of disrepair so as to be unfit for such purpose;(habitation)
“dwelling unit” means one or more rooms located within a dwelling and used or intended to be used for human habitation by one or more persons.(logement)
102.1(1)Subject to any restrictions set out in the officer’s appointment, an officer appointed by a municipality to administer the municipality’s by-laws may enter, at all reasonable times, upon any property within the municipality for the purpose of making any inspection that is necessary for the administration or enforcement of a by-law.
102.1(1.1)Where an entry warrant has been obtained under the Entry Warrants Act, a person who is leasing a dwelling or dwelling unit to another person shall not refuse entry to or obstruct or interfere with an officer referred to in subsection (1) who under the authority of that subsection is entering or attempting to enter the dwelling or dwelling unit to ensure compliance with a by-law under subsection 94(1) or (3) or section 190.
102.1(1.2)A person who violates or fails to comply with subsection (1.1) commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category F offence.
102.1(1.3)Notwithstanding subsection 56(6) of the Provincial Offences Procedure Act, the minimum fine that may be imposed by a judge under that Act in respect of an offence under subsection (1.2) shall be one thousand dollars.
102.1(1.4)Where an offence under subsection (1.2) continues for more than one day,
(a) the minimum fine that may be imposed is the sum of
(i) one thousand dollars, and
(ii) the minimum fine set by the Provincial Offences Procedure Act for a category F offence multiplied by the number of days during which the offence continues after the first day, and
(b) the maximum fine that may be imposed is the maximum fine set by the Provincial Offences Procedure Act for a category F offence multiplied by the number of days during which the offence continues.
102.1(2)If an officer referred to in subsection (1) is refused admission to any property within the municipality, the officer may serve or cause to be served, on the person having control of the property, a demand that the officer named in the demand be permitted to enter upon the property in accordance with subsection (1).
102.1(3)Service may be effected under subsection (2) by personal delivery to the person having control of the property or by depositing the demand in the mail in a prepaid registered envelope addressed to the person at his or her last known address.
102.1(4)The service of a demand by mail as provided for in subsection (3) is deemed to be complete upon the expiration of six days after the demand has been deposited in the mail.
102.1(5)Proof of the service of a demand in either manner provided for in subsection (3) may be given by a certificate purporting to be signed by the officer, naming the person on whom the demand was made and specifying the time, place and manner of service of the demand.
102.1(6)A document purporting to be a certificate of the officer made pursuant to subsection (5) shall
(a) be admissible in evidence without proof of the signature, and
(b) be conclusive proof that the demand was served on the person named in the certificate.
102.1(7)When entering upon any property under the authority of this section, an officer referred to in subsection (1) may be accompanied by a person who has special or expert knowledge in relation to the subject matter of the inspection.
102.1(8)Before or after attempting to effect entry under this section, an officer referred to in subsection (1) may apply for an entry warrant in accordance with the Entry Warrants Act.
2003, c.27, s.48; 2006, c.4, s.4
Enforcement of by-laws
103Proof that a person is the registered owner of a motor vehicle that has been operated or parked in violation of a by-law is evidence that such person operated or parked such vehicle at the time of the violation unless the contrary is proved.
1966, c.20, s.103
Enforcement of by-laws
104Section 361 of the Motor Vehicle Act applies mutatis mutandis in respect of a motor vehicle operated or parked or alleged to have been operated or parked in violation of a by-law.
1966, c.20, s.104
Enforcement of by-laws
105(1)In a prosecution for a violation of a licensing by-law, a certificate purporting to be signed by the clerk stating that a person was not on a specified day the holder of a licence under the by-law is without proof of the official character or handwriting of the clerk sufficient evidence of the facts so stated, unless the contrary is proved.
105(2)Where in a certificate used for the purposes of subsection (1) reference is made to a person by name and in the prosecution reference is made to the accused by the same name, the references in the certificate and the prosecution are references to the same person, unless the contrary is proved.
1966, c.20, s.105
Enforcement of by-laws
106Where in a prosecution under a by-law providing for the licensing of persons carrying on or engaged in any business, it is alleged that the person proceeded against carried on or engaged in such business without first having obtained a licence to do so, proof of one transaction in such business is sufficient to establish that the person proceeded against carried on or engaged in such business.
1966, c.20, s.106
Enforcement of by-laws
106.1(1)Where a person
(a) contravenes or fails to comply with
(i) any provision of this Act or a by-law or regulation hereunder, or
(ii) any terms or conditions to which a licence or permit issued in accordance with this Act or a by-law or regulation hereunder is subject; or
(b) obstructs any person in the performance of his duties under this Act,
the municipality or the Minister may make an application to The Court of Queen’s Bench of New Brunswick or a judge thereof for any of the orders described in subsection (2) whether or not a penalty has been provided under this Act or imposed by any Court under this Act for such contravention, failure or obstruction.
106.1(2)In a proceeding under this section, the judge may make
(a) an order restraining the continuance or repetition of the contravention, failure or obstruction, or
(b) such other order as is required to enforce a provision in respect of which the action was instituted and as to costs and the recovery of any expense incurred as the judge sees fit.
1983, c.56, s.11
EVIDENCE
Evidence
107(1)A copy of a resolution of a council or of a by-law certified by the clerk to have been compared by him with the original and to be a true copy thereof is, without proof of the official character or handwriting of the clerk, evidence in all courts of the passage and existence of such resolution or by-law.
107(2)When a certified copy of a resolution or by-law states the date on which the resolution was adopted or the by-law passed as shown by the original record thereof, it is evidence of the fact so stated.
107(3)Where a copy of a by-law certified in the manner prescribed by this section is filed with a judge of the Provincial Court it is for the purpose of all prosecutions before such judge or any deputy judge a public record of which judicial notice is to be taken.
107(4)When a judge of the Provincial Court takes judicial notice of a by-law pursuant to subsection (3) and the proceedings in which such notice is taken are the subject of an appeal or review of any kind, the judge shall include a copy of the by-law in any record transmitted by him to the court or judge before whom the appeal or review is pending.
1966, c.20, s.107; 2003, c.27, s.49
Evidence
108A copy of any minute, record, map, plan, document or writing or of any part thereof filed or deposited in the office of a clerk, duly certified by such clerk as the person having charge of the original thereof, to have been compared by him with the original and to be a true copy thereof is, without proof of the official character or handwriting of the clerk, evidence in all courts of such minute, record, map, plan, document or writing.
1966, c.20, s.108
Evidence
108.1Sections 107 and 108 apply with the necessary modifications to a rural community.
2005, c.7, s.49
FIRE PROTECTION AND NON-FIRE RELATED RESCUE
2011, c.21, s.2
Fire protection and non-fire related rescue
109(1)A council may make by-laws for the purposes of preventing and extinguishing fires and protecting property from fire and, without restricting the generality of the foregoing,
(a) establishing a fire department, appointing the officers and members thereof, regulating their remuneration and prescribing their duties;
(b) providing for the purchase of vehicles and equipment;
(c) providing for the appointment of fire prevention officers and prescribing their duties;
(d) providing for compensation, by insurance or otherwise, to fire prevention officers and officers and members of the fire department for injuries received by them while performing their duties;
(e) defining and establishing fire zones, regulating the construction and repair of buildings and the occupancy of buildings and premises within such zones;
(f) regulating the storage, handling, transportation and disposal of flammable liquids, solids and gases;
(g) prohibiting or regulating the storage of combustible, explosive or dangerous materials;
(h) regulating the installation of equipment for burning fuel;
(i) regulating the cleaning of chimneys, flues, stove and furnace pipes;
(j) requiring buildings and yards to be kept in a safe condition to guard against fire or other danger;
(k) regulating the removal and safe keeping of ashes;
(l) prohibiting or regulating the lighting of outside fires;
(l.1) prescribing the location and construction of public and private incinerators;
(m) providing that a fire prevention officer, the chief of the fire department or any person authorized in writing by either of them may enter any building at reasonable times to inspect for fire prevention or to investigate the cause or origin of a fire;
(n) regulating the conduct and requiring the assistance of persons present at fires;
(o) authorizing the pulling down or demolition of buildings or other erections to prevent the spread of a fire;
(p) authorizing fire prevention officers to enforce the Fire Prevention Act and the regulations made thereunder;
(q) conferring upon fire prevention officers the same powers under the same conditions as are conferred upon the fire marshal by sections 11, 12, 16 and 21 of the Fire Prevention Act.
(r) Repealed: 1982, c.43, s.8
109(1.1)A council may make by-laws for the purposes of non-fire related rescue and, without limiting the generality of the foregoing,
(a) prescribe the duties of officers and members of a fire department in relation to non-fire related rescue;
(b) provide for the purchase of non-fire related rescue vehicles and equipment;
(c) provide for compensation, by insurance or otherwise, to officers and members of the fire department for injuries received by them while performing their non-fire related rescue duties;
(d) regulate the conduct and requiring the assistance of persons present at a non-fire related rescue.
109(2)Where an order is made by a fire prevention officer by authority of a by-law made under paragraph (1)(q)
(a) the order shall be reduced to writing and served by delivering a copy to the person to whom it is addressed or, if such person cannot be found, by posting it in a conspicuous place on the building or premises affected by such order, and
(b) all the provisions of the Fire Prevention Act with respect to an order made by the fire marshal under sections 12, 16 or 21 of that Act apply thereto mutatis mutandis.
109(2.1)A person who breaches a by-law made under authority of this section, or who fails to comply with an order of a fire prevention officer authorized by a by-law made under this section, commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category E offence.
109(2.2)Where a person is convicted of an offence under subsection (2.1), the court, in addition to any penalty imposed under subsection (2.1), may order that person to comply with the order.
109(2.3)A person who fails to comply with an order of the court under subsection (2.2) commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category F offence.
109(3)Repealed: 1996, c.44, s.1
109(4)Where a building or other erection is pulled down or demolished under a by-law made under paragraph (1)(o) the municipality is liable to compensate any person having an interest in the building or other erection pulled down or demolished for any damage suffered by that person as a result of such pulling down or demolition.
1966, c.20, s.109; 1982, c.43, s.8; 1990, c.61, s.89; 1994, c.16, s.3; 1996, c.44, s.1; 2003, c.27, s.50; 2011, c.21, s.3
HOUSING COMMISSIONS
Housing Commissions
110The council of a city or town may establish a housing commission.
1966, c.20, s.110; 1994, c.16, s.4
JOINT PROJECT HOUSING
Joint project housing
111(1)A municipality may enter into an agreement with the Province respecting joint projects for the acquisition and development of land for housing purposes and for the construction of houses for sale or rent.
111(2)A municipality may enter into an agreement with Canada for the clearance, replanning, rehabilitation and modernization of blighted or substandard areas as provided for under the National Housing Act (Canada).
111(3)The Lieutenant-Governor in Council may authorize a municipality that has entered into an agreement under subsection (1) or (2) to do all things to effect the agreement, and without restricting the generality of the foregoing, may authorize the municipality
(a) to borrow upon its credit any money required to effect the agreement,
(b) to obtain capital funds under the Municipal Capital Borrowing Act, and
(c) to furnish any municipal services necessary for the project.
111(4)This section applies with the necessary modifications to a rural community.
1966, c.20, s.111; 2003, c.27, s.51; 2005, c.7, s.49
GENERATION OF ELECTRICITY
2008, c.28, s.1
Definitions
111.1The following definitions apply in sections 111.2 to 111.6.
“distribution electric utility” has the same meaning as in the Electricity Act.(entreprise de distribution d’électricité)
“generation facility” has the same meaning as in the Electricity Act.(installation de production)
“municipal distribution utility” has the same meaning as in the Electricity Act.(entreprise de distribution d’électricité municipale)
2008, c.28, s.1
Generation of electricity
111.2(1)A municipality may construct, own and operate a generation facility and may use the electricity for its own purposes or sell it to a distribution electric utility or another person, but shall not distribute it or provide it as a service to its residents.
111.2(2)Subsection (1) does not apply to a municipal distribution utility with respect to the distribution or provision of electricity as a service to its residents within the territorial limits provided for in section 69 of the Electricity Act.
111.2(3)A municipality may, for the purposes of subsection (1),
(a) acquire land or an interest in land that is adjacent to the municipality and use the land for the purposes stated,
(b) enter into an agreement with one or more municipalities or rural communities or with any person, including the Crown, where the costs of construction and operation of a generation facility may be shared by the parties to the agreement, and
(c) enter into an agreement with one or more municipalities or rural communities or with any person, including the Crown, to provide for the joint acquisition, ownership, development, extension, management or operation of a generation facility.
2008, c.28, s.1
Generation facility fund
111.3A municipality that constructs, owns or operates a generation facility shall establish a generation facility fund.
2008, c.28, s.1
Budget for generation facility
111.4(1)A municipality that operates a generation facility shall annually, on or before the date fixed pursuant to subsection 87(2), submit to the Minister the budget with respect to its operation of the facility for that year.
111.4(2)When operating a generation facility, a municipality shall produce, with respect to such operation,
(a) an annually balanced budget, or
(b) a quadrennially balanced budget.
111.4(3)If the proceeds from the operation are insufficient to produce a balanced budget as provided for under subsection (2), the municipality may make a charge against other operating funds of the municipality at the discretion of the council.
111.4(4)When in the operation of a generation facility a municipality has a deficit at the end of the fiscal year,
(a) it shall cause such deficit to be debited against the budget for that activity for the second next ensuing year, or
(b) it shall spread the deficit over a four year period commencing with the second next ensuing year.
111.4(5)When in the operation of a generation facility the municipality has a surplus at the end of the fiscal year,
(a) it shall cause such surplus to be credited to the budget for that activity for the second next ensuing year, or
(b) it shall spread the surplus over a four year period commencing with the second next ensuing year.
111.4(6)A municipality may transfer some or all of any audited surplus of the generation facility fund to other operating funds of the municipality at the discretion of the council, commencing with the second next ensuing year.
2008, c.28, s.1
Reserve funds
111.5A municipality may, in accordance with the regulations, with respect to its ownership or operation of a generation facility
(a) establish, manage and contribute to an operating reserve fund, and
(b) establish, manage and contribute to a capital reserve fund.
2008, c.28, s.1
Borrowing
111.6(1)A municipality may borrow temporarily in each year for current expenditures in respect of the operation of a generation facility a sum or sums of money not exceeding 50% of the budgeted revenue for that year.
111.6(2)For the purposes of section 89, any money borrowed by a municipality for the construction or renovation of a generation facility is not considered as money borrowed.
2008, c.28, s.1
Application to rural communities
111.7Sections 111.1 to 111.6 apply with the necessary modifications to a rural community.
2008, c.28, s.1
LICENCES
Licences
112Where a municipality is authorized to make a by-law providing for licensing, it may
(a) prohibit the doing without a licence of anything for which a licence is required;
(b) prescribe licence fees not exceeding the maximum fee established in this Act or prescribed by regulation for the licence;
(c) prescribe the terms and conditions on which licences are issued;
(d) limit the time during which a licence remains in force;
(e) provide for the renewal, suspension or revocation of licences;
(f) delegate to any officer of the municipality the authority to issue, renew, suspend or revoke licences; and
(g) require applicants for and holders of licences to furnish to such officers of the municipality such information as the council deems necessary.
1966, c.20, s.112; 1968, c.41, s.41; 1977, c.35, s.8; 1994, c.80, s.3; 1994, c.81, s.2; 2003, c.27, s.52
Licences
113A by-law for the licensing of persons carrying on or engaged in a business applies to a person whether or not
(a) he carries on or engages in such business partly within and partly outside the municipality, or
(b) he occupies or uses a place of business in connection with such business.
1966, c.20, s.113
Licences
114Where a by-law requires a person to be licensed in respect of a trade, a person who holds
(a) a certificate of apprenticeship issued under the Apprenticeship and Occupational Certification Act in respect of that trade, or
(b) a similar certificate issued by another province and bearing the Interprovincial Standards Seal,
is entitled, upon payment of the prescribed fee, to be issued a licence without examination.
1966, c.20, s.114; 1987, c.27, s.23
Licences
115Every holder of a licence issued under a by-law who
(a) fails without reasonable excuse to produce his licence when required to do so by a peace officer or a judge of the Provincial Court before whom he is charged with an offence against such by-law, or
(b) breaks any condition of his licence by an act which is not itself punishable;
commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category B offence.
1966, c.20, s.115; 1990, c.61, s.89
Licences
116(1)No municipality or officer of a municipality shall issue a licence to a person who is required by law to obtain a provincial licence for the same purpose until the applicant has first produced the proper provincial licence and no municipal licence issued without such production is valid.
116(2)A municipal licence issued in such case shall state the fact that the licensee has produced his provincial licence.
1966, c.20, s.116
Licences
116.1Sections 112 to 116 apply with the necessary modifications to a rural community.
2005, c.7, s.49
LOCAL IMPROVEMENTS
Power of municipality respecting local improvements
117Where a municipality is authorized to provide any of the following services:
(a) sewerage;
(b) sidewalks;
(c) roads and streets; or
(d) water;
it may undertake the provision of such service as a local improvement under this part.
1966, c.20, s.117
Definitions
118In this part
“abutting parcel” means a lot or parcel of land abutting on that portion of the street wherein or whereon a work is or is to be made;(parcelle attenante)
“curbing” includes a curbing of any material in or along a street, whether constructed in connection with or apart from the laying down of a pavement or sidewalk, or with or without a projection for the purpose of a gutter;(bordure)
“domestic sewer” means a sewer which is intended to carry domestic, commercial or industrial sewage;(égout domestique)
“foot frontage” Repealed: 1977, c.M-11.1, s.19
“frontage” means the side or limit of a lot that abuts on a work;(façade)
“metre frontage” means the lineal measurement in metres of a frontage;(mètre de façade)
“municipality’s portion of the cost” means that part or proportion of the cost of a work which is not to be specially assessed;(participation de la municipalité)
“owner” means the person in whose name an abutting parcel is assessed under the Assessment Act;(propriétaire)
“owners’ portion of the cost” means that part or proportion of the cost of a work that is to be specially assessed upon abutting parcels;(participation du propriétaire)
“sewerage works” means all facilities for collecting, pumping, treating and disposing of sewage;(réseau d’égouts)
“street” includes a public highway, street, lane, alley and square and the bridges thereon;(rue)
“surface sewer” means a sewer that is intended to carry storm and surface water and drainage and includes a surface drain;(égout pluvial)
“value” means the real and true value of the land exclusive of buildings and improvements;(valeur)
“water system” means all facilities for storing, pumping, treating and distributing water for domestic, commercial, industrial and fire protective purposes;(réseau de distribution d’eau)
“work” means a work that may be undertaken as a local improvement.(travail)
1966, c.20, s.118; 1977, c.M-11.1, s.19
Power of council to authorize work
119(1)The council may, subject to this part, authorize any work of the following classes to be undertaken as a local improvement:
(a) opening, constructing, widening, straightening, extending, grading, gravelling, levelling, diverting, surfacing or paving a street;
(b) constructing a sidewalk;
(c) curbing, sodding or planting a street;
(d) constructing, deepening, enlarging, extending or making connections with a surface sewer, domestic sewer, sewerage works, water main, or water system.
119(2)Work of two or more of the classes mentioned in subsection (1) may be undertaken as one work.
1966, c.20, s.119
Local improvements before paving of street
120(1)The council, before proceeding with any work involving the paving of a street, may by resolution direct that, leading from the street line of the abutting parcels on either or both sides of the street
(a) drain connections be made with a domestic sewer or storm sewer,
(b) water service pipes be laid and stop-cocks installed therein, and
(c) all necessary alterations in or renewals of water service pipes and stop-cocks be made.
Construction of domestic sewers
120(2)The council, where the work involves construction of a domestic sewer, may by resolution direct that private drain connections be made therewith.
Power of council respecting construction of water main
120(3)The council, where the work involves the construction of a water main, may by resolution direct that water service pipes be laid and stop-cocks installed therein.
Certificate respecting cost of local improvement
120(4)The municipal engineer or person designated by the council, upon the completion of the work, shall determine the cost of the drain connections made, water service pipes laid and stop-cocks installed under the preceding subsections, and shall file with the clerk a certificate showing
(a) the date of completion of the work, and
(b) the cost of the drain connections made, water service pipes laid and stop-cocks installed to each abutting parcel in accordance with subsection (8).
Evidence
120(5)The certificate referred to in subsection (4) is conclusive evidence of such cost and of the amount payable by the owner.
Liability of owner for installation
120(6)The cost of such drain connections, water service pipes and stop-cocks, as certified under subsection (4) shall on the filing of such certificate become payable by the owner of the parcel for or to which it was made, laid or installed, and shall constitute a lien upon such parcel.
Liability of owner for installation
120(7)Such cost may be recovered by the municipality by suit in any court of competent jurisdiction from the owner, together with interest at the rate of six per cent per annum from the expiration of ninety days after the completion of the work as evidenced by the certificate under subsection (4).
Certificate respecting cost of local improvement
120(8)The cost as shown by the certificate under subsection (4) shall be the actual or estimated cost of making drain connections or laying water service pipes from the centre of the street to the street line whether or not the sewer or water main is laid in the centre of the street.
1966, c.20, s.120
What cost deemed to include respecting work
121The cost of a work is deemed to include:
(a) the actual cost of construction;
(b) the cost of engineering and surveying;
(c) the compensation for lands taken for the purpose of the work or injuriously affected by it and the expenses incurred by the municipality in connection with determining such compensation;
(d) the estimated cost of the issue and sale of debentures and any discount allowed the purchasers of them; and
(e) the interest on all borrowings in connection with such work and any expenses incidental to the entering on, carrying out and completing the work and raising the money to pay the cost thereof.
1966, c.20, s.121
Special frontage assessment
122(1)A work payable in whole or in part by special frontage assessment may be undertaken pursuant to petition or notice as hereinafter provided.
122(2)Upon presentation of a petition to the council praying that a work be undertaken, signed by at least two-thirds in number of the owners of the abutting parcels proposed to be specially assessed, and having a value of at least one-half of all such abutting parcels, the council may take all necessary steps to undertake such work and by by-law passed on the affirmative vote of not less than two-thirds of the whole council
(a) authorize and direct the undertaking of such work, and
(b) order that the cost thereof or such portion of the cost as may be fixed by a general by-law shall be raised by special frontage assessment.
122(3)The council may at any time within three years of the presentation of a petition undertake either the whole or part of the work sought.
122(4)The council may not undertake a part only of the work sought unless the petition is sufficient with respect to such part.
1966, c.20, s.122; 1971, c.50, s.15; 2003, c.27, s.53
Special frontage assessment
123(1)The council may, on its own initiative, cause a notice of its intention to undertake a work to be published once a week for two consecutive weeks in at least one newspaper published or having general circulation in the municipality.
123(2)The notice shall be in the form prescribed by by-law.
123(3)Unless a majority of the owners of abutting parcels proposed to be specially assessed, having a value of at least one-half of all the abutting parcels proposed to be specially assessed, petition the council within two weeks of the last publication of the notice against proceeding with the proposed work, the council may by by-law passed by the affirmative vote of not less than two-thirds of the whole council at any time within three years
(a) authorize and direct the undertaking of such work, and
(b) order that the cost thereof or such portion of the cost as may be fixed by a general by-law shall be raised by special frontage assessment.
123(4)Where a sufficient petition is presented against a proposed work, except as provided in section 124, the council shall not within one year from the filing of such petition give a second notice of intention with respect to the same proposed work.
1966, c.20, s.123; 1971, c.50, s.16
Special frontage assessment
124Notwithstanding that a sufficient petition is presented against a proposed work, the council may by by-law passed by unanimous vote of the whole council
(a) declare a work to be necessary or requisite in the general interest of the locality in which it is to be made,
(b) authorize and direct the undertaking of such work, and
(c) order that the cost thereof or such portion of the cost as may be fixed by a general by-law shall be raised by special frontage assessment.
1966, c.20, s.124; 1971, c.50, s.17
Order respecting water or sewerage work
125(1)Where the Minister of Health under authority of the Health Act orders changes or additions to be made to an existing system of water works, sewers or sewage disposal by the municipality the council may on its own initiative cause a notice of its intention to undertake any work ordered by the Minister of Health and specified in paragraph 119(1)(d) to be published once a week for two consecutive weeks in at least one newspaper published or having general circulation in the municipality.
125(2)The notice shall be in the form prescribed by by-law and shall further state that the work is to be undertaken pursuant to an order made under the Health Act.
125(3)Notwithstanding that a petition is presented against undertaking the work, the council may by by-law passed by the affirmative vote of a majority of the council present at any regular meeting or at any special meeting called for the purpose
(a) declare the work to be necessary or requisite in the general interest of the locality in which it is to be made,
(b) authorize and direct the undertaking of such work, and
(c) order that the cost thereof or such portion of the cost as may be fixed by a general by-law shall be raised by a special frontage assessment.
1966, c.20, s.125; 1986, c.8, s.83; 2000, c.26, s.206; 2006, c.16, s.119
Petition respecting support for or opposition to work
126(1)A petition for or against a work shall be filed with the clerk and shall be deemed to be presented to the council when it is so filed.
126(2)The clerk shall determine the sufficiency of a petition for or against a work and his determination is conclusive.
126(3)Where two or more persons are the owners of an abutting parcel
(a) they shall not be entitled to petition under this part unless the majority in interest of them concur; and
(b) they shall be regarded as one owner.
126(4)No person has the right to withdraw his name from a petition after the clerk has determined it to be sufficient.
1966, c.20, s.126
Assessment of work
127(1)Except as otherwise provided in this part or in any general by-law, the entire cost of a work undertaken as a local improvement shall be specially assessed upon the abutting parcels according to the extent of their respective metre frontages, by an equal special rate per metre frontage sufficient to defray such cost.
127(2)The council may by a general by-law prescribe the owners’ portion of the cost of a class of work.
127(3)If, for the purpose of affording an outlet for a domestic sewer, a sewer main is constructed along a street or through land in which it would not in the opinion of the council have been constructed except as a means of affording an outlet as aforesaid, the lots or parcels of land abutting on such street and such land may be exempted from the payment of any special frontage assessment in respect of the domestic sewer system and sewer main either for the whole or a part of the term of the special frontage assessment imposed in respect of the said domestic sewer system served by the outlet, or from the payment of the whole or a part of the proportionate cost thereof as appears to the council to be just under the circumstances.
127(4)If any lot or parcel of land that has not been assessed by way of special frontage assessment for any part of the cost of a domestic sewer system or sewer main is connected therewith, the council may by resolution order that such lot or parcel of land shall be assessed by a special frontage assessment at the same rate per metre frontage as was assessed against the lands actually abutting on the street or place on which a domestic sewer system was constructed and the clerk shall add to the local improvement assessment roll for the work, the name of the owner of each parcel of land when connected with the sewer main and the provisions of section 135 apply mutatis mutandis.
127(5)All sums collected under an assessment made under authority of subsection (4) shall be placed to the credit of the account relating to sewers.
127(6)If, for the purpose of affording a water supply to lands or parcels of land a water main is constructed along a street or through land in which it would not in the opinion of the council have been constructed except as a means of affording a water supply to such other lands or parcels of land, the parcels of land abutting on such street and such land may be exempted from the payment of any special frontage assessment imposed in respect of such work either from the whole or a part of the term of the special frontage assessment imposed in respect of the work, or from the payment of the whole or a part of the proportionate cost thereof, as appears to the council to be just under the circumstances.
127(7)If a lot or parcel of land that has not been assessed by way of special frontage assessment for any part of the cost of a water main is connected therewith the council may by resolution order that such land or parcel of land shall be assessed by a special frontage assessment at the same rate per metre frontage as was assessed against other lands actually abutting on the street or place on which the water main was constructed, and the clerk shall add to the local improvement assessment roll for the work, the name of the owner of each parcel of land when connected with the water main and the provisions of section 135 apply mutatis mutandis.
127(8)All sums collected under an assessment made under authority of subsection (7) shall be placed to the credit of the account relating to water supply.
1966, c.20, s.127; 1977, c.M-11.1, s.19
Assessment respecting sidewalk or curbing
128Where the work undertaken is a sidewalk or curbing, only the abutting parcels on that side of the street upon which the work is constructed shall be specially assessed, but where a petition to the council praying that a sidewalk be constructed on one side of a street only, is made by the owners of abutting parcels on both sides of the street or the portion thereof on which the sidewalk is proposed to be constructed, the council may order that the cost of the work shall be borne by the owners of abutting parcels on both sides of the street.
1966, c.20, s.128
Estimate respecting special frontage assessment
129(1)Where a special frontage assessment is to be levied the council shall estimate the cost of the work and by by-law shall fix the number of annual instalments in which such assessment shall be paid.
129(2)Except as hereinafter provided the owners’ portion of the cost of the work shall be paid by equal annual instalments over the term fixed for payment.
1966, c.20, s.129
Assessment of lots or parcels
130(1)Except as herein otherwise provided, every abutting parcel shall be assessed according to its actual metre frontage.
130(2)In the case of corner lots and triangular or irregularly shaped lots situate at the junction or intersection of streets, a reduction shall be made in the special frontage assessment that otherwise would be chargeable thereon sufficient, having regard to the situation, value and superficial area of such lots as compared with the other lots, to adjust the assessment on a fair and equitable basis.
130(3)Where a lot is for any reason wholly or in part unfit for building purposes a reduction shall be made in the special frontage assessment which would otherwise be chargeable thereon, sufficient to adjust its assessment as compared with the lots fit for building purposes on a fair and equitable basis.
130(4)Where a lot, other than a corner lot, has two limits that abut on works and the size or nature of the lot is such that any or all the works are not required, a reduction in respect of the works that are not required, so long as they are not required, shall also be made in the special assessment that would otherwise be chargeable thereon, sufficient to adjust its assessment on a fair and equitable basis.
130(5)The reduction shall be made by deducting from the total frontage of the lot liable to special frontage assessment so much thereof as is sufficient to make the proper reduction, but the whole of the lot shall be charged with the special frontage assessment as so reduced.
130(6)The amount of any reduction made in the assessment of any lot under the provisions of this section shall not be chargeable upon the lots liable to special frontage assessment but shall be paid by the municipality and shall be entered on the local improvement assessment roll as if the municipality were the owner of the frontage so deducted.
130(7)A reduction under the provisions of this section shall be made by the clerk.
1966, c.20, s.130; 1977, c.M-11.1, s.19; 1987, c.6, s.68
Calculation of total metre frontage
131The total metre frontage of the abutting parcels to be assessed shall be determined by adding the reduced metre frontage of abutting parcels as determined pursuant to section 130, to the actual metre frontage of every other abutting parcel.
1966, c.20, s.131; 1977, c.M-11.1, s.19
Calculation of special frontage assessment
132The rate of a special frontage assessment shall be determined by dividing the owners’ portion of the cost of the work, expressed in dollars, by the total metre frontage of the abutting parcels to be assessed, as determined by section 131.
1966, c.20, s.132; 1977, c.M-11.1, s.19
Liability of abutting parcel for special frontage assessment
133(1)Every abutting parcel other than an abutting parcel belonging to Canada or to the Province shall be liable to special frontage assessment.
133(2)Where an abutting parcel is exempt from special frontage assessment it shall nevertheless for all purposes except petitioning for or against a work, be subject to the provisions of this part and shall be entered on the local improvement assessment roll as if the municipality were the owner thereof, and the assessment levied with respect thereto shall be paid by the municipality.
1966, c.20, s.133
Local improvement assessment roll
134Where a special frontage assessment is to be made the clerk shall cause to be prepared a special assessment roll to be known as the local improvement assessment roll for the work.
1966, c.20, s.134
Notice respecting special frontage assessment
135(1)When a special frontage assessment is to be made the clerk shall within ninety days after the passing of the by-law directing the undertaking of a work as a local improvement deliver to the owner of each abutting parcel a notice in the form prescribed by by-law that shall contain the following information:
(a) a description in general terms of the work;
(b) the estimated cost of the work;
(c) the owners’ portion of the cost expressed in dollars or as a percentage of total cost or the uniform unit rate per metre frontage, to be specially assessed;
(d) the number of annual instalments in which the assessment is payable;
(e) the total metre frontages of the abutting parcels to be assessed;
(f) the net metre frontage of each abutting parcel to be assessed against such owner.
135(2)The notice referred to in subsection (1) may be delivered by leaving the same at the residence or place of business of the owner or by mailing the same to the owner, addressed to him at his latest known residence or place of business.
1966, c.20, s.135; 1977, c.M-11.1, s.19
Petition for revision of local improvement assessment roll
136(1)Any person to whom a notice of a special frontage assessment has been delivered may within twenty days after delivery thereof apply by petition to the clerk for the revision of the local improvement assessment roll in the following matters:
(a) the names of the owners of abutting parcels;
(b) the total metre frontage of abutting parcels; and
(c) the metre frontage of any abutting parcel.
136(2)The clerk shall consider such petition and if he finds any error in respect of the matters referred to in subsection (1) or that a reduction in metre frontage should be made under section 130 he shall cause to be made such alterations or amendments in the roll as shall appear proper but the net metre frontage of any abutting parcel shall not be altered on the roll until notice of such intended alteration is first given to the owner of such abutting parcel.
136(3)The clerk shall deliver notice of his decision to the applicant and to the owner of any abutting parcel whose metre frontage is affected by an alteration or amendment.
136(4)The notice referred to in subsection (3) may be delivered in the manner prescribed by subsection 135(2).
1966, c.20, s.136; 1977, c.M-11.1, s.19
Appeal of revision decision
137(1)Any person who has applied to the clerk for revision and every owner of an abutting parcel, the metre frontage of which has been altered or amended by the clerk may, within fourteen days after delivery of the decision of the clerk, appeal that decision to The Court of Queen’s Bench of New Brunswick.
137(2)The Rules of The Court of Queen’s Bench of New Brunswick respecting appeals apply mutatis mutandis to such appeal.
1966, c.20, s.137; 1977, c.M-11.1, s.19; 1979, c.41, s.88; 1980, c.32, s.28
Warrant of assessment
138(1)Each year on a date to be fixed by by-law the council shall by resolution determine the owners’ portion of the cost of each work completed within the preceding twelve months and shall direct the clerk by warrant of assessment in the form prescribed by by-law to assess and levy such cost in accordance with this part.
138(2)The warrant of assessment shall be executed by the mayor and clerk under the corporate seal of the municipality.
1966, c.20, s.138
Local improvement assessment roll
139(1)A local improvement assessment roll when completed shall, with reference to each abutting parcel to be assessed, contain in separate columns the following particulars:
Column 1 - Assessment account number;
Column 2 - The name and address of the owner and the identity of the abutting parcel to be assessed;
Column 3 - The actual metre frontage;
Column 4 - The metre frontage reduced or exempted;
Column 5 - The net metre frontage;
Column 6 - The rate per metre frontage;
Column 7 - The total assessment;
Column 8 - The amount of each annual instalment.
Local improvement assessment roll
139(2)When the clerk receives a warrant of assessment he shall determine the rate per metre frontage and compute the total assessment to be levied on each abutting parcel and the amount of each annual instalment and enter such particulars in the local improvement assessment roll in the appropriate columns.
Local improvement assessment roll
139(3)The form may be varied to facilitate the use of mechanical methods of preparing a local improvement assessment roll.
Local improvement assessment roll
139(4)The warrant of assessment shall be attached to the local improvement assessment roll.
Local improvement assessment roll
139(5)The clerk after having completed the local improvement assessment roll and made such alterations and amendments therein as are necessary to give effect to decisions on any appeals to The Court of Queen’s Bench of New Brunswick shall certify the roll to be correct and thereupon the roll and the special frontage assessment shall be valid and binding upon all persons concerned, and upon the abutting parcels specially assessed; and the work in respect of which the local improvement assessment roll has been made and certified shall be conclusively deemed to have been lawfully undertaken and proceeded with pursuant to and in accordance with this Act.
Delivery of assessment roll to treasurer
139(6)The clerk shall on or before the first day of June in each year in which an instalment is payable, deliver to the treasurer an assessment roll containing the names of the owners of each abutting parcel that has been assessed, identifying it, and the addresses of such owners together with the amount of the instalment payable in such year.
1966, c.20, s.139; 1977, c.M-11.1, s.19; 1979, c.41, s.88; 1980, c.32, s.28
Endorsement of precept on assessment roll
140The clerk shall endorse on such assessment roll a precept in the form prescribed by by-law.
1966, c.20, s.140
Lien respecting special frontage assessment
141Every special frontage assessment shall be deemed an assessment on land and each instalment payable thereon, from the date it becomes due and payable, shall be a lien on the abutting parcel with respect to which it has been assessed.
1966, c.20, s.141
By-law respecting recovery of assessment
142The council may by a general by-law or by a by-law applicable to a particular work prescribe the terms and conditions for
(a) collection and recovery of assessments,
(b) discounts,
(c) imposition of penalties for non-payment,
(d) proceedings to be taken in default of payment, and
(e) commutations for payments in cash.
1966, c.20, s.142
Special frontage assessment as encumbrance on land
143A special frontage assessment, except so much as is in arrears and unpaid, shall not as between a vendor and a purchaser or in respect of a covenant against encumbrances or for the right to convey, or for quiet possession, free from encumbrances, be deemed to be an encumbrance upon the lands upon which the special frontage assessment is made.
1966, c.20, s.143
Uniform unit rate
144Instead of basing the special frontage assessment on the cost of the work, the council may by by-law fix a uniform unit rate for a class of work that may be undertaken as a local improvement.
1966, c.20, s.144
Failure to deliver notice of special frontage assessment
145The omission to deliver any notice in no way affects the liability of any person to pay any special frontage assessment or the validity of any proceeding taken hereunder to enforce payment of any assessment imposed under this part.
1966, c.20, s.145
Subdivision of abutting parcel
146When an abutting parcel against which a special frontage assessment is in effect, is divided, the clerk with the written consent of the owners of each parcel, may apportion the balance of the special frontage assessment between such owners according to the metre frontage of the parcels of each respective owner, and thereafter the lien for the balance of the special frontage assessment payable by each owner shall extend only to the parcel of such owner.
1966, c.20, s.146; 1977, c.M-11.1, s.19
Agreement with owner to undertake work
147The municipality may enter into an agreement with the owner of any land within the municipality to provide, at the expense in whole or in part of the owner of such land, any work that may be undertaken as a local improvement.
1966, c.20, s.147
By-laws approving subdivision and building permits
148Notwithstanding anything contained in the Community Planning Act or this Act the council may make by-laws for any of the following purposes:
(a) to impose as a condition to the approval of a subdivision of land within the municipality that the owner undertakes by agreement with the municipality to provide such land with any work that may be undertaken as a local improvement at the expense of the owner or at such proportion of the expense as the by-law may prescribe; and
(b) to impose as a condition to the issue of a building permit for the erection of any building or structure in the municipality that the owner of the land on which such building or structure is to be erected undertakes by agreement with the municipality to provide such land with any work that may be undertaken as a local improvement at the expense of such owner or at such proportion of the expense as the by-law may prescribe.
1966, c.20, s.148
Application of sections 117 to 148 to rural community
148.1Sections 117 to 148 apply with the necessary modifications to a rural community.
2005, c.7, s.49
LOCAL IMPROVEMENT ASSOCIATIONS
Association defined
149In this part, “association” means a corporation incorporated under this part.
1966, c.20, s.149
Issuance of letters patent to association
150(1)The Director under the Companies Act may issue letters patent of incorporation to any five persons in a municipality who, with the approval of the council of the municipality, apply therefor, constituting such persons and others who become members thereof, a body corporate for the purpose of
(a) encouraging horticulture,
(b) improving and ornamenting streets, parks, commons, cemeteries or other open public places in the municipality, and
(c) caring for, restoring, preserving and protecting any public buildings, statues, monuments, or landmarks.
Application of Companies Act
150(2)The Companies Act applies to an association except where it is inconsistent herewith.
1966, c.20, s.150; 1978, c.D-11.2, s.29; 2002, c.29, s.10
Name of association
151An association shall be named the Local Improvement Association of the municipality for which it is incorporated.
1966, c.20, s.151
Cost of incorporation of association
152No fee is payable on the incorporation of an association and it is not necessary to advertise the incorporation.
1966, c.20, s.152
Issuance of share certificates or payment of dividends
153An association shall not issue share certificates or pay dividends.
1966, c.20, s.153
Power of association to hold property
154An association may hold real and personal property not exceeding in value an amount to be fixed by the letters patent.
1966, c.20, s.154; 1978, c.D-11.2, s.29; 2002, c.29, s.10
Power of association to accept gifts
155Subject to section 154, an association may receive, hold and use gifts, donations, bequests or devises, subject nevertheless to the fulfilling and carrying out of any trust or condition accompanying any such gift, donation, bequest or devise.
1966, c.20, s.155
Powers given to association by municipality
156A municipality
(a) may give to an association the care and improvement of any of its streets, parks, commons, cemeteries, open public places, public buildings, statues, monuments or landmarks, and
(b) may pay or deliver to the association any funds, investments or other assets held by the municipality, subject to the carrying out of the purpose for which the same were held by the municipality, for the care, improvement, preservation, decoration or ornamentation of any streets, parks, commons, cemeteries, open public places, public buildings, statues, monuments or landmarks.
1966, c.20, s.156
Financing of association
157A municipality may appropriate and pay to an association operating within the limits of the municipality a sum of money to assist the association in carrying on its work.
1966, c.20, s.157
Annual statement and other duties of association
158An association
(a) shall carry on its work only within the limits of the municipality for which it is incorporated, and
(b) shall deliver annually to the clerk of the municipality a statement of all its receipts, expenditures and investments.
1966, c.20, s.158
Transfer of gifts to trust company
159(1)An association shall transfer to a trust company authorized to carry on business in the Province all gifts, donations, bequests or devises of which only the annual income is to be used for the purposes of the association or for any trust.
Duty of trust company
159(2)The trust company
(a) shall keep or invest the same or the proceeds thereof,
(b) shall pay over the annual income to the association, and
(c) shall not be bound to see that such annual income is expended according to the terms of any trust.
Duty of trust company
159(3)The payment of such annual income to the association entitled to receive it is a sufficient discharge to the trust company.
1966, c.20, s.159
Power of council to take over association
160If an association
(a) becomes inactive,
(b) refuses or neglects to carry out any of the trusts,
(c) refuses or neglects to carry on its work to the satisfaction of the council of the municipality, or
(d) neglects or refuses to account to the municipality as required by this Act,
the council of the municipality may take over all the property, investments and assets of the association, subject to the trusts and conditions under which any of such property, investments or assets are held by the association.
1966, c.20, s.160
Application of sections 149 to 160 to rural community
160.1Sections 149 to 160 apply with the necessary modifications to a rural community.
2005, c.7, s.49
Association under Local Improvement Associations Act
161Every association incorporated under the Local Improvement Associations Act, chapter 135 of the Revised Statutes, 1952, and in existence immediately before January 1, 1967 continue to be associations as though incorporated under this part.
1966, c.20, s.161
MUNICIPAL EMPLOYEES PENSIONS
By-law respecting pensions
162(1)Subject to subsection 163(2) a municipality by by-law may
(a) adopt a pension or superannuation plan for the permanent employees of the municipality,
(b) define the words “permanent employee” for the purposes of the by-law and plan,
(c) contract with an insurer, licensed to transact insurance in the Province, for the payment by the insurer of the pensions or superannuation allowances provided for in the plan and for the payment by the municipality to the insurer of the premium specified in the contract,
(d) provide for the establishment of a superannuation fund to be administered by the municipality and for the payment out of such fund of the pensions or superannuation allowances provided for in the plan,
(e) provide for contributions by the permanent employees to the superannuation fund or toward payment of the premium and the method of collecting the contributions, and
(f) provide for payment of the annual contribution of the municipality toward the payment of pensions or superannuation allowances and the expenses of administering the plan.
Repealed
162(2)Repealed: 2003, c.27, s.54
Repealed
162(3)Repealed: 2003, c.27, s.54
Duty of municipality respecting pension payments
162(4)From the date on which the plan comes into operation, the municipality
(a) may deduct from the salary or other emolument of each permanent employee of the municipality an amount equal to the amount of the contribution of the permanent employee to the superannuation fund or toward payment of the premium,
(b) shall pay into the superannuation fund established under the plan an amount to be contributed by the municipality under the plan and the amounts collected from the employees, and
(c) shall pay to former permanent employees of the municipality the amount of the pension or superannuation allowances to which they are entitled under the plan.
1966, c.20, s.162; 2003, c.27, s.54
Regulations respecting uniform contributory pension plan
163(1)The Lieutenant-Governor in Council may make regulations
(a) respecting the establishment of a pension board which shall be responsible for administering and revising a uniform contributory pension plan for the permanent employees of municipalities and rural communities;
(b) respecting the creation or continuation of the uniform contributory pension plan;
(c) respecting the purpose of the uniform contributory pension plan;
(d) respecting the pension fund of the uniform contributory pension plan;
(e) respecting participation in the uniform contributory pension plan;
(f) respecting termination of the uniform contributory pension plan;
(g) respecting the duties, powers and responsibilities of the pension board;
(h) respecting membership on the pension board;
(i) respecting the administration of the pension board; and
(j) respecting the guidelines for the operation and revision of the uniform contributory pension plan by the pension board.
Effect of uniform contributory pension plan
163(2)Neither a council nor a rural community council shall, after the effective date of a uniform contributory pension plan created under subsection (1), adopt a pension or superannuation plan under section 162.
Exception
163(2.1)Notwithstanding subsection (2), where a pension or superannuation plan referred to in subsection (3) is in force in a municipality immediately before the commencement of this subsection, the council of the municipality may adopt a pension or superannuation plan by by-law under section 162 to replace such plan if the provisions in the new plan comply with the Pension Benefits Act and the benefits under the new plan are the same as or more advantageous than those under the old plan.
Certain by-laws may be retroactive
163(2.2)A by-law referred to in subsection (2.1) may be made retroactive to any date, including a date that is before the commencement of this subsection.
Establishment of pension plan for amalgamated municipalities
163(2.3)Notwithstanding subsection (2), the council of a municipality shall, within six months after the effective date of the amalgamation as set out in the Order in Council made under paragraph 19(1)(a) provide for a pension or superannuation plan for the permanent employees of the municipality in accordance with subsection (2.4).
Establishment of pension plan for amalgamated municipalities
163(2.4)The council of a municipality shall
(a) by by-law under section 162, continue and adopt one of the pension or superannuation plans of any of the former municipalities established by or in a municipality under section 162, under the Municipal Employees Pensions Act, chapter 151 of the Revised Statutes, 1952, or under any other Act as the pension or superannuation plan of the municipality if the provisions of the adopted plan comply with the Pensions Benefits Act and the benefits under the adopted plan are the same as or more advantageous than those under the pension or superannuation plans of any of the former municipalities, or
(b) designate the uniform contributory pension plan as the new pension plan of the municipality.
Establishment of pension plan for amalgamated municipalities
163(2.5)Where in the opinion of the Lieutenant-Governor in Council, a council has not taken appropriate action under subsection (2.4) in relation to a pension or superannuation plan for the permanent employees of the municipality within the six month period prescribed under subsection (2.3), the Lieutenant-Governor in Council may act in place of the council under subsection (2.4) and may do by Order in Council anything that the council is authorized to do by by-law.
Establishment of pension plan for amalgamated municipalities
163(2.6)A by-law referred to in subsection (2.4) or an Order in Council made by the Lieutenant-Governor in Council under subsection (2.5) may be made retroactive to the effective date of the incorporation, amalgamation, annexation or decrement.
Continuation of the Municipal Employees Pension Act
163(3)Nothing in subsections (1) and (2) affects the continued operation of a pension or superannuation plan established by or in a municipality under section 162, under the Municipal Employees Pension Act, chapter 151 of the Revised Statutes, 1952, or under any other Act.
Agreement of Minister respecting transfer of pension plan
163(4)Where a pension or superannuation plan has been established by or in a municipality under section 162, under the Municipal Employees Pension Act, chapter 151 of the Revised Statutes, 1952, or under any other Act, the Lieutenant-Governor in Council may authorize the Minister to enter into an agreement with the municipality and such other persons as the Minister deems to be necessary parties thereto to provide for
(a) the transfer to the uniform contributory pension plan created under subsection (1) of all contributions and other assets of the pension or superannuation plan of the municipality, and
(b) the payment under the uniform contributory pension plan created under subsection (1), to any persons entitled to benefits under the pension or superannuation plan of the municipality, of benefits equal to or greater than the benefits to which such persons would have been entitled under the pension or superannuation plan of the municipality.
Discontinuance of contributions by the Minister
163(5)Where a municipality adopts a pension or superannuation plan under paragraph (2.4)(a) or the Lieutenant-Governor in Council acts under subsection (2.5), the Minister may, if applicable, order the discontinuance of contributions made in respect of any of the former municipalities to the uniform contributory pension plan, and such discontinuance may be made retroactive to the date of the making of the by-law or the Order in Council, as the case may be.
1966, c.20, s.163; 1994, c.82, s.1; 1997, c.38, s.5; 2003, c.27, s.55; 2005, c.7, s.49; 2007, c.64, s.1
PARKING
2003, c.27, s.56
Parking
164(1)In this section and in any by-law made thereunder
“parking” includes permitting a vehicle to occupy a parking space;
“parking meter” means a machine placed or installed at or near a parking space for the purpose of timing, indicating, regulating and controlling the use and occupation by vehicles of such parking space;
“parking space” means a space that under a by-law made under this section is provided for the parking of vehicles
(a) for which a parking meter is installed, or
(b) is located in a parking zone for which a pay and display machine is installed;
“parking zone” means a street, portion of a street, parking lot or parking facility approved by the council for the purpose of parking vehicles and on or in which parking meters or a pay and display machine is installed to collect a fee for the use and occupation of a parking space;
“pay and display machine” means a machine that
(a) is placed or installed at or near a parking zone for the purpose of regulating and controlling the use and occupation by vehicles of parking spaces within the parking zone, and
(b) upon appropriate payment, issues a receipt indicating the amount of time for which the toll that has been paid authorizes a vehicle to use and occupy a parking space and at what time the authorized use and occupation of the space expires;
“street” means a public square, avenue, road, alley, highway, lane, path or other public place located in the municipality designated and intended for or used by the general public for the passage of vehicles;
“vehicle” means a device in, upon or by which any person or property may be transported or drawn upon a highway.
164(2)A council by by-law, may
(a) provide for parking spaces in parking zones,
(b) provide for the installation of parking meters in or near parking spaces,
(b.1) provide for the installation of pay and display machines in or near parking zones,
(c) impose a toll for the parking of a vehicle in a parking space and fix the amount thereof for different periods of time,
(d) provide that the payment of the toll is made by inserting a coin in the receptacle provided or in such other manner as is indicated on the parking meter or the pay and display machine,
(d.1) provide that where a parking space is located in a parking zone for which a pay and display machine is installed, the receipt issued by the machine after payment of the toll shall be displayed in the front window of the vehicle parking in the parking space,
(e) prohibit the parking of a vehicle in a parking space without payment of the toll,
(f) provide that during certain specified periods of time a vehicle may be parked in a parking space without payment of the toll,
(g) provide for the payment of a voluntary penalty of an amount fixed by a Council by any person for a breach of a by-law made under the authority of this section, and
(h) provide that permits be issued for a prescribed fee permitting the holders of such permits to use or occupy a parking space without the payment of the toll.
164(3)In a prosecution for violation of a by-law made under this section, evidence by a police officer or a person authorized by by-law
(a) that he or she found the vehicle in a parking space and that a parking meter was installed for that space,
(b) that the parking meter installed for such parking space did not show or indicate that the toll imposed by the by-law has been paid, or that the parking meter installed for the use of such parking space showed or indicated that the time for which the toll had been paid for the use of the parking space had elapsed,
(c) that, at the time of finding the vehicle in the parking space, he or she found the parking meter to be in good working order after testing it by inserting a coin in the receptacle provided or by carrying out any other testing provided for in the by-law, and
(d) that the word “violation” or “expired”, or the numbers “00:00”, on the indicator indicates that the toll imposed by the by-law for the use of the parking space had not been paid or that the time for which the toll had been paid had elapsed,
is evidence that the vehicle was parked in a parking space without payment of the toll imposed by the by-law or was parked in a parking space for a longer period of time than the toll prescribed by the by-law for the use of such parking space permitted, unless the contrary is proved.
164(4)In a prosecution for violation of a by-law made under this section, evidence by a police officer or a person authorized by by-law
(a) that he or she found the vehicle in a parking space located in a parking zone for which a pay and display machine was installed,
(b) that the receipt displayed in the vehicle indicated that the time for which the toll had been paid for the use of the parking space had elapsed or that there was no receipt displayed in the vehicle, and
(c) that, at the time of finding the vehicle in the parking space, he or she found the pay and display machine to be in good working order after testing it by inserting a coin in the receptacle provided or by carrying out any other testing provided for in the by-law,
is evidence that the vehicle was parked in a parking space in a parking zone without payment of the toll imposed by the by-law or was parked in a parking space in a parking zone for a longer period of time than the toll prescribed by the by-law for the use of a parking space in that parking zone permitted, unless the contrary is proven.
1966, c.20, s.164; 1969, c.58, s.20; 1983, c.56, s.12; 2003, c.27, s.57
PAWNBROKERS
Pawnbrokers
165(1)No person shall exercise the trade of a pawnbroker within a municipality unless he has obtained a licence therefor from the clerk.
165(2)A licence issued to a pawnbroker expires on the thirty-first day of December in the year in which it is issued.
165(3)The clerk shall not issue or renew a pawnbroker’s licence unless authorized by a by-law of the council.
1966, c.20, s.165
Pawnbrokers
166On receiving a licence or a renewal thereof, a pawnbroker shall pay to the municipality an annual licence fee of one hundred dollars.
1966, c.20, s.166; 1977, c.35, s.9
Pawnbrokers
167(1)A person who exercises the trade of a pawnbroker, in a municipality, without a pawnbroker’s licence commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category E offence.
167(2)A council may make by-laws regulating the trade of pawnbrokers.
1966, c.20, s.167; 1970, c.37, s.6; 1977, c.35, s.10; 1990, c.61, s.89
Pawnbrokers
167.1Sections 165 to 167 apply with the necessary modifications to a rural community.
2005, c.7, s.49
PEDLARS
Pedlars
168(1)Subject to section 92, a council by by-law may provide for the licensing of persons who peddle or hawk, or carry from place to place for the purpose of peddling or hawking, goods or merchandise.
168(2)Repealed: 1994, c.81, s.3
168(3)A by-law made under this section does not apply to
(a) a person peddling or hawking fruits, vegetables, meats and other products harvested by him from his farm or garden,
(b) a fisherman peddling or hawking fish, oysters or any product harvested by him from the sea, or
(c) persons employed by any temperance, benevolent or religious society in the Province for the peddling or selling of temperance tracts or other moral or religious publications under the direction of such society, to the exclusion of other goods and merchandise.
1966, c.20, s.168; 1977, c.35, s.11; 1994, c.81, s.3
PLUMBING TRADE AND
MASTER PLUMBERS
Repealed: 1976, c.P-9.1, s.12; 1976, c.40, s.6
Repealed
169Repealed: 1976, c.P-9.1, s.12; 1976, c.40, s.6
1969, c.20, s.169; 1976, c.P-9.1, s.12; 1976, c.40, s.6
Repealed
170Repealed: 1976, c.P-9.1, s.12; 1976, c.40, s.6
1966, c.20, s.170; 1974, c.33(Supp.), s.3; 1976, c.P-9.1, s.12; 1976, c.40, s.6
Repealed
171Repealed: 1976, c.P-9.1, s.12; 1976, c.40, s.6
1966, c.20, s.171; 1969, c.58, s.21; 1974, c.33(Supp.), s.4; 1976, c.P-9.1, s.12; 1976, c.40, s.6
Repealed
172Repealed: 1976, c.P-9.1, s.12; 1976, c.40, s.6
1966, c.20, s.172; 1976, c.P-9.1, s.12; 1976, c.40, s.6
Repealed
173Repealed: 1976, c.P-9.1, s.12; 1976, c.40, s.6
1966, c.20, s.173; 1976, c.P-9.1, s.12; 1976, c.40, s.6
Repealed
174Repealed: 1976, c.P-9.1, s.12; 1976, c.40, s.6
1966, c.20, s.174; 1976, c.P-9.1, s.12; 1976, c.40, s.6
Repealed
175Repealed: 1976, c.P-9.1, s.12; 1976, c.40, s.6
1966, c.20, s.175; 1976, c.P-9.1, s.12; 1976, c.40, s.6
Repealed
176Repealed: 1976, c.P-9.1, s.12; 1976, c.40, s.6
1966, c.20, s.176; 1976, c.P-9.1, s.12; 1976, c.40, s.6
Repealed
177Repealed: 1976, c.P-9.1, s.12; 1976, c.40, s.6
1966, c.20, s.177; 1976, c.P-9.1, s.12; 1976, c.40, s.6
Repealed
178Repealed: 1976, c.P-9.1, s.12; 1976, c.40, s.6
1966, c.20, s.178; 1976, c.P-9.1, s.12; 1976, c.40, s.6
Repealed
179Repealed: 1976, c.P-9.1, s.12; 1976, c.40, s.6
1966, c.20, s.179; 1976, c.P-9.1, s.12; 1976, c.40, s.6
POLICING CONTRACTS
Policing contracts
180(1)A municipality may enter into an agreement with Canada providing for the policing of the Municipality by the Royal Canadian Mounted Police upon such terms as are mutually agreed to by the parties.
180(2)A rural community may enter into an agreement with Canada providing for the policing of the rural community by the Royal Canadian Mounted Police upon such terms as are mutually agreed to by the parties.
1966, c.20, s.180; 1976, c.40, s.7; 2005, c.7, s.49
PUBLIC BEACHES
Public beaches
181In this part
“commission” means a beach commission appointed under this part;
“public beach” means a beach declared by a municipality to be a public beach.
1966, c.20, s.181
Public beaches
182A municipality may declare a beach used by the public within the municipality to be a public beach.
1966, c.20, s.182
Public beaches
183A municipality may make by-laws for the purpose of
(a) regulating the conduct and behaviour of persons at public beaches;
(b) prohibiting persons from attending a public beach during certain hours;
(c) prescribing methods for refuse disposal at public beaches;
(d) prescribing standards of sanitation for bathing houses, restaurants and other public places at public beaches;
(e) prescribing measures to promote the pleasantness of public beaches;
(f) licensing, regulating and governing all persons who engage in any employment, craft, trade or other business at public beaches;
(g) establishing one or more commissions;
(h) prescribing the powers and duties of commissions;
(i) providing for the payment of expenses incurred by a commission or any members thereof in carrying out its or their duties; and
(j) providing for the appointment of persons to enforce by-laws made under this part.
1966, c.20, s.183
Public beaches
184A municipality may enter into agreements with any person to develop a public beach.
1966, c.20, s.184
Public beaches
185A commission shall make investigations of and recommendations concerning matters with respect to which the municipality is authorized to make by-laws under section 183.
1966, c.20, s.185
Public beaches
185.1Sections 181 to 185 apply with the necessary modifications to a rural community.
2005, c.7, s.49
TITLE TO HIGHWAYS
Title to highways
186A road, street or highway vested in a city, town, village or rural community under the provisions of section 32 of the Highway Act
(a) is subject to any rights reserved by the person who dedicated the road, street or highway if a dedication was made; and
(b) is a public thoroughfare for the enjoyment and use of the public.
1966, c.20, s.186; 1970, c.37, s.7; 1973, c.60, s.10; 2005, c.7, s.49
Highway defined
187(1)In this section, “highway” means any public street, road, lane, alley or way.
Closing of highway
187(2)Subject to this section, the council of a municipality may by by-law stop up and close any, or any portion of any, highway within the municipality.
Closing of highway
187(3)The closure under subsection (2) may be permanent or for such period as is specified in the by-law.
Closing of highway
187(4)Where the closure of a highway or any portion of a highway under subsection (2) is permanent, the municipality
(a) may hold, sell, lease or otherwise dispose of any right, title or interest that it has in the soil and freehold thereof, and
(b) is discharged from any obligation to maintain or keep such highway or portion thereof in repair.
Closing of highway
187(5)The council may by by-law close any, or any portion of any, highway to vehicular traffic and not to pedestrian traffic and provide for the erection of barriers to enforce the observance thereof.
Closing of highway
187(6)No by-law shall be passed under this section until the council
(a) has fixed a time and place for the consideration of objections to the by-law,
(b) has published a notice of its intention to consider the passing of such by-law in a newspaper published or having general circulation in the municipality once a week for at least two consecutive weeks preceding the time fixed under paragraph (a), and
(c) has heard and considered any written objections to the proposed by-law and heard any person who wishes to speak for or against the by-law at the time and place fixed under paragraph (a).
Closing of highway
187(7)The notice under subsection (6) shall
(a) define the highway, or portion thereof, to be affected by the by-law,
(b) state the time and place fixed under paragraph (6)(a),
(c) state the place where and the hours during which the proposed by-law may be inspected, and
(d) state the person to whom written objections may be sent.
Closing of highway
187(8)No by-law under this section that affects a provincial highway as defined in the Motor Vehicle Act is valid until approved by the Lieutenant-Governor in Council.
1970, c.37, s.8; 1978, c.41, s.7; 1987, c.6, s.68
TOURIST CAMPS, TRAILER
CAMPS AND MOBILE
HOME PARKS
Definitions
188(1)In this section
“mobile home” means a trailer having a total floor space of not less than forty-five square metres and containing a water closet and a bath or shower;(maison mobile)
“mobile home park” means a parcel of land, not in a provincial park,(parc de maisons mobiles)
(a) intended as the location for residential purposes of two or more mobile homes, or
(b) upon which two or more mobile homes are located for residential purposes;
“mobile home site” means a parcel of land, not in a provincial park or mobile home park,(emplacement de maison mobile)
(a) intended as the location for residential purposes of one mobile home, or
(b) upon which one mobile home is located for residential purposes;
“space” means a plot of land within a tourist camp, trailer camp or mobile home park designated to accommodate, or accommodating, one camping facility, trailer or mobile home, as the case may be;(emplacement)
“tourist camp” includes auto camp and any parcel of land upon which cabins used or maintained for the accommodation of the public are located or that is used as a public camping ground, whether or not a charge is made for the rental or use thereof;(camp de tourisme)
“trailer” means any vehicle used for sleeping or eating accommodation of persons and so constructed as to be suitable for being attached to and drawn by a motor vehicle, notwithstanding that such vehicle is jacked up or its running gear removed;(roulotte)
“trailer camp” means a parcel of land, not in a provincial park or mobile home park,(camp de roulottes)
(a) intended as the location for temporary residential purposes of two or more trailers other than mobile homes, or
(b) upon which two or more trailers other than mobile homes are located for temporary residential purposes.
By-law respecting mobile home site
188(2)Subject to this section, a municipality by by-law may provide for the regulating of mobile home sites and the regulating and licensing of tourist camps, trailer camps and mobile home parks, and by such by-law may
(a) subject to subsection (6), designate areas within the municipality which may or may not be used for tourist camps, trailer camps, mobile home parks or mobile home sites;
(b) provide for the temporary location of a mobile home for a period not exceeding one year, and the removal of such mobile home at the end of the permitted period;
(c) establish minimum lot sizes for mobile home sites or, where a zoning by-law is in effect, require compliance with such by-law;
(d) determine the minimum size of a parcel of land which may be used for purposes of a tourist camp, trailer camp or mobile home park, and the minimum number of spaces therein;
(e) delineate size requirements in respect to living and sleeping accommodation in tourist camps;
(f) set out minimum sizes of spaces for, and otherwise regulate the parking of, trailers and mobile homes;
(g) subject to the Health Act, provide minimum requirements in respect to facilities for health, safety and sanitation in tourist camps, trailer camps and mobile home parks;
(h) regulate refuse disposal in tourist camps, trailer camps and mobile home parks; and
(i) subject to subsection (7), fix fees to be paid for licences and permits issued under authority of the by-law.
By-law respecting mobile home site
188(3)Repealed: 2008, c.T-9.5, s.10
By-law respecting mobile home site
188(4)Where a tourist camp or trailer camp, other than a mobile home park, is licensed by a municipality, the licence is valid for twelve months from the first day of May in the year of issue.
By-law respecting mobile home site
188(5)Repealed: 2008, c.T-9.5, s.10
By-law respecting mobile home site
188(6)Where a zoning by-law is in effect, no area may be designated for a mobile home site under paragraph (2)(a) unless such use is expressly permitted by such by-law.
By-law respecting mobile home site
188(7)This Section does not authorize the imposition of a licence or permit fee exceeding the sum of one hundred dollars per year.
1966, c.20, s.187; 1971, c.50, s.18; 1977, c.35, s.12; 1981, c.52, s.14; 1986, c.8, s.83; 1987, c.6, s.68; 1992, c.2, s.40; 1998, c.41, s.78; 2000, c.26, s.206; 2001, c.41, s.12; 2008, c.T-9.5, s.10
UTILITY COMMISSIONS
Utility Commissions
189(1)Where under this Act a municipality provides
(a) water, or
(b) a sanitary sewerage system,
the municipality shall construct, operate and maintain such service or utility on a user-charge basis, which may be established on an amortized or any other basis as to the municipality shall seem fit, and may establish a separate or joint rate therefor.
189(1.1)Notwithstanding sections 127 and 144 and notwithstanding that the provision of a water or sewerage service has been undertaken, has been deemed to have been undertaken or is purported to have been undertaken as a local improvement under this Act, a municipality may recover the cost of the work, or any portion thereof, on a user-charge basis under this section and the user-charge may be established on an amortized or any other basis as to the municipality shall seem fit.
189(1.2)A municipality may establish, with respect to a user-charge under subsection (1.1), one or more classes of users depending on prior payments by the user in relation to the cost of the work and the user-charge may vary within each class.
189(1.3)Where a user-charge under subsection (1.1) is based upon the frontage of the property in respect of which the service is provided, the provisions of section 130, with such changes as the context requires, shall apply to the calculation of the frontage.
189(1.4)For the purposes of this section, “cost of the work” includes the items enumerated in section 121 regardless of whether a municipality has been reimbursed or subsidized in any manner for such items.
189(2)Where before January 1, 1967, a municipality, or a commission established by a municipality, was providing electric power, that municipality or commission
(a) may continue to provide the service, and
(b) if the service is continued, shall provide electric power on a user-charge basis.
189(3)A municipality providing a service or services referred to in subsections (1), (1.1) and (2) may establish a commission to operate a service or services on its behalf.
189(4)When operating a service or utility under this section, a municipality or commission shall make such charges to the user of the service or utility as to produce
(a) an annually balanced budget, or
(b) a quadrennially balanced budget.
189(4.1)A municipality providing a service or a utility under this section shall annually, on or before the date fixed pursuant to subsection 87(2), submit to the Minister the budget with respect to that service or utility for that year.
189(5)When in the operation of a service or utility under this section, a municipality or commission has a deficit at the end of a budget period referred to in subsection (4),
(a) it shall cause such deficit to be debited against the budget for that service or utility for the second next ensuing year, or
(b) it shall spread the deficit over a four year period commencing with the second next ensuing year.
189(6)When in the operation of a service or utility under this section, the municipality or commission has a surplus at the end of its fiscal year,
(a) it shall cause such surplus to be credited to the budget for that service or utility for the second next ensuing year, or
(b) it shall spread the surplus over a four year period commencing with the second next ensuring year.
189(7)A municipality or commission referred to in this section may, in accordance with the regulations, for each service or utility
(a) establish, manage and contribute to an operating reserve fund, and
(b) establish, manage and contribute to a capital reserve fund.
189(8)When used in this section, “user-charge” includes
(a) a rate or charge calculated by measuring the consumption of the service or utility being supplied by means of a meter or other mechanical device,
(b) a flat rate or charge imposed upon one or more different classes of users of the service or utility, provided the flat rate or charge is uniform within each class,
(c) a separate charge for each type of plumbing fixture installed in the premises receiving the service or utility,
(c.1) with respect to a service referred to in subsection (1) or (1.1), a rate or charge based upon the frontage of the property in respect of which the service is provided, that may be imposed upon one or more classes of users of the service and that may vary within each class;
(d) with respect to sanitary sewer service, a rate or charge based upon a percentage of the water service charge, or
(e) any combination of the rates or charges described in paragraphs (a), (b), (c), (c.1) and (d),
but does not include
(f) a rate or charge calculated by reference to the value of the real property in respect of which the service or utility is being supplied.
189(9)A council may by by-law prescribe the terms and conditions for payment of user-charges established under this section in respect to
(a) collection and recovery,
(b) discounts,
(c) prepayment and instalment payment,
(d) imposition of penalties for non-payment, and
(e) proceedings to be taken in default of payment.
189(10)All user-charge rates, fees, rentals and penalties payable for water or sewer service supplied to or with respect to any land within the municipality that is liable to taxation under the Assessment Act and are due and payable for a period of sixty days constitute a special lien and charge on such land in priority to every claim, privilege, lien or encumbrance of any person, except the Crown, whether the right or title of that person has accrued before or accrues after the lien arises, and such lien is not lost or impaired by any neglect or omission of the municipality or of any officer or employee of the municipality or by want of registration, but such special lien and charge shall not apply to land that is subject to valid and subsisting lease in effect prior to April 2, 1968.
189(11)All user-charges, rates, fees, rentals and penalties payable for water or sewer service supplied to or with respect to any land within the municipality that is not liable to taxation under the Assessment Act shall be a debt due to the municipality by the owner or occupier of such land.
189(12)Where the user-charge rates, fees, rentals and penalties mentioned in subsections (10) and (11) are owing to the municipality by a person other than the owner of the land, the municipality shall notify the owner in writing within sixty days after the user-charge rates, fees, rentals and penalties become due and payable.
189(13)A municipality from time to time may borrow temporarily in each year for current expenditures on user-charge utilities a sum or sums of money not exceeding at any time fifty percent of the budgeted revenue for that year.
189(14)Where a municipality or a commission provides a service referred to in subsection (1) or (1.1), such municipality or commission may by by-law
(a) compel the owner of a building standing on land by which the service line runs to connect up with the service, or
(b) make a charge to the owner of such land where the connection is not made with the service.
189(15)In determining the charge to be made in subsection (14), the municipality or commission shall make its assessment as near as possible to what the user-charge would be if the connection had been made.
189(16)A municipality may charge against fire protection service a portion of the water costs as may be determined by regulation.
189(17)“Commission” when used in this section means a commission established by a municipality.
189(18)For the purposes of this section, a water or wastewater commission created or continued under section 15.2 of the Clean Environment Act shall be deemed to be a municipality.
189(19)A municipality that sells gas or provides customer services as defined in the Gas Distribution Act, 1999 is not required to base the price of gas and customer services on cost unless the New Brunswick Energy and Utilities Board requires it to do so on the grounds that market forces do not adequately protect customers.
189(20)This section applies with the necessary modifications to a rural community.
1966, c.20, s.188; 1967, c.56, s.25; 1968, c.41, s.42; 1970, c.37, s.9; 1973, c.60, s.11; 1975, c.40, s.6; 1977, c.35, s.13; 1981, c.52, s.15; 1982, c.3, s.50; 1982, c.43, s.9; 1983, c.56, s.13; 1985, c.61, s.2; 1996, c.45, s.3; 1999, c.G-2.11, s.103; 2000, c.26, s.206; 2001, c.15, s.7; 2003, c.27, s.58; 2004, c.2, s.14; 2005, c.7, s.49; 2006, c.E-9.18, s.100; 2012, c.32, s.9
DANGEROUS OR UNSIGHTLY PREMISES
2003, c.27, s.59
Dangerous or unsightly premises
190A municipality may by by-law provide that sections 190.001 to 190.07 apply to such areas of the municipality as the by-law prescribes.
1968, c.41, s.43; 1975, c.40, s.7; 1979, c.47, s.13; 1981, c.52, s.16; 1987, c.6, s.68; 1990, c.61, s.89; 2003, c.27, s.60; 2006, c.4, s.5
190.001(1)In sections 190.01 to 190.07
“dwelling” means a building any part of which is used or is intended to be used for the purposes of human habitation, whether or not the building is in such state of disrepair so as to be unfit for such purpose;(habitation)
“dwelling unit” means one or more rooms located within a dwelling and used or intended to be used for human habitation by one or more persons.(logement)
190.001(2)In subsection 190.01(3) and sections 190.02, 190.021, 190.04, 190.041 and 190.05
“owner” includes the person for the time being managing or receiving the rent for premises or a building or structure, whether on the person’s own account or as agent or trustee of any other person, or who would receive the rent if the premises, building or structure were let.(propriétaire)
2006, c.4, s.6
Dangerous or unsightly premises
190.01(1)No person shall permit premises owned or occupied by him or her to be unsightly by permitting to remain on any part of such premises
(a) any ashes, junk, rubbish or refuse,
(b) an accumulation of wood shavings, paper, sawdust or other residue of production or construction,
(c) a derelict vehicle, equipment or machinery or the body or any part of a vehicle, equipment or machinery, or
(d) a dilapidated building.
190.01(1.1)No person shall permit a building or structure owned or occupied by him or her to become a hazard to the safety of the public by reason of being vacant or unoccupied.
190.01(2)No person shall permit a building or structure owned or occupied by him or her to become a hazard to the safety of the public by reason of dilapidation or unsoundness of structural strength.
190.01(2.1)A person who violates or fails to comply with subsection (1.1) or (2) commits an offence that is, subject to subsections (2.2) and (2.3), punishable under Part II of the Provincial Offences Procedure Act as a category F offence.
190.01(2.2)Notwithstanding subsection 56(6) of the Provincial Offences Procedure Act, where a person who is leasing a dwelling or dwelling unit to another person commits an offence under subsection (2.1) in relation to the dwelling or dwelling unit, the minimum fine that may be imposed by a judge under that Act in respect of the offence shall be one thousand dollars.
190.01(2.3)Where an offence under subsection (2.1) continues for more than one day,
(a) if the offence was committed in relation to a dwelling or dwelling unit by a person who is leasing the dwelling or dwelling unit to another person,
(i) the minimum fine that may be imposed is the sum of
(A) one thousand dollars, and
(B) the minimum fine set by the Provincial Offences Procedure Act for a category F offence multiplied by the number of days during which the offence continues after the first day, and
(ii) the maximum fine that may be imposed is the maximum fine set by the Provincial Offences Procedure Act for a category F offence multiplied by the number of days during which the offence continues, and
(b) in any other case,
(i) the minimum fine that may be imposed is the minimum fine set by the Provincial Offences Procedure Act for a category F offence multiplied by the number of days during which the offence continues, and
(ii) the maximum fine that may be imposed is the maximum fine set by the Provincial Offences Procedure Act for a category F offence multiplied by the number of days during which the offence continues.
190.01(3)Where a condition mentioned in subsection (1), (1.1) or (2) exists, an officer appointed by council may notify the owner or occupier of the premises, building or structure by notice in the form prescribed by regulation which shall
(a) be in writing,
(b) be signed by the officer,
(c) state that the condition referred to in subsection (1), (1.1) or (2) exists,
(d) state what must be done to correct the condition,
(e) state the date before which the condition must be corrected, and
(e.1) if an appeal may be brought under subsection 190.021(1), state the final date for giving notice of the appeal.
(f) Repealed: 2006, c.4, s.7.
2003, c.27, s.61; 2006, c.4, s.7; 2011, c.30, s.1
190.011A notice referred to in subsection 190.01(3) shall be given
(a) if the person to be notified is an individual, by personal delivery on the individual or by posting the notice in a conspicuous place on the premises, building or structure, or
(b) if the person to be notified is a corporation, by personal delivery on an officer, director or agent of the corporation or on a manager or person who appears to be in control of any office or other place of business where the corporation carries on business in New Brunswick or by posting the notice in a conspicuous place on the premises, building or structure.
2006, c.4, s.8
Dangerous or unsightly premises
190.02(1)Proof of the giving of notice in either manner provided for in section 190.011 may be by a certificate or an affidavit purporting to be signed by the officer referred to in subsection 190.01(3), naming the person to whom notice was given and specifying the time, place and manner in which notice was given.
190.02(2)A document purporting to be a certificate under subsection (1) shall be
(a) admissible in evidence without proof of signature, and
(b) conclusive proof that the person named in the certificate received notice of the matters referred to in the certificate.
190.02(3)In any prosecution for a violation of a by-law under section 190 where proof of the giving of notice is made as prescribed under subsection (1), the burden of proving that one is not the person named in the certificate or affidavit shall be upon the person charged.
190.02(4)A notice given under section 190.011 and purporting to be signed by an officer appointed by council shall be
(a) received in evidence by any court in the Province without proof of the signature,
(b) proof in the absence of evidence to the contrary of the facts stated in the notice, and
(c) in a prosecution for a violation of a by-law under section 190, proof in the absence of evidence to the contrary that the person named in the notice is the owner or occupier of the premises, building or structure in respect of which the notice was given.
2003, c.27, s.61; 2006, c.4, s.9
190.021(1)An owner or occupier of premises or a building or structure who has been given a notice under section 190.011, other than a notice prepared under subsection 190.041(2), and who is not satisfied with the terms or conditions set out in the notice may appeal to the appropriate committee of council by sending a notice of appeal by registered mail to the clerk of the municipality within fourteen days after having been given the notice.
190.021(2)A notice that is not appealed within the time referred to in subsection (1) shall be deemed to be confirmed.
190.021(3)On an appeal, the committee of council shall hold a hearing into the matter at which the owner or occupier bringing the appeal has a right to be heard and may be represented by counsel.
190.021(3.1)On an appeal with respect to a notice under section 190.011 arising out of a condition mentioned in subsection 190.01(1.1), the municipality that gave the notice shall have the burden of proving that the building or structure has become a hazard to the safety of the public by reason of being vacant or unoccupied.
190.021(4)On an appeal, the committee of council may confirm, modify or rescind the notice or extend the time for complying with the notice.
190.021(5)The committee of council shall provide a copy of its decision to the owner or occupier of the premises, building or structure who brought the appeal within fourteen days after making its decision.
190.021(6)The owner or occupier provided with a copy of a decision under subsection (5) may appeal the decision to a judge of The Court of Queen’s Bench of New Brunswick within fourteen days after the copy of the decision was provided to the owner or occupier on the grounds that
(a) the procedure required to be followed by this Act was not followed,
(b) with respect to a condition mentioned in subsection 190.01(1) or (2), the decision is patently unreasonable, or
(c) with respect to a condition mentioned in subsection 190.01(1.1), the decision is unreasonable.
190.021(7)On the appeal, the judge of The Court of Queen’s Bench of New Brunswick may confirm, modify or rescind the whole or any part of the decision of the committee of council, and the decision of the judge under this subsection is not subject to appeal.
190.021(8)A notice that is deemed to be confirmed under subsection (2) or that is confirmed or modified by the committee of council under subsection (4) or a judge of The Court of Queen’s Bench of New Brunswick under subsection (7), as the case may be, shall be final and binding upon the owner or occupier who shall comply within the time and in the manner specified in the notice.
190.021(9)An appeal does not prevent a further notice from being given under section 190.011 or from being prepared and signed under subsection 190.041(2) in relation to a condition referred to in the notice that is the subject of the appeal if there has been a change in the condition.
2006, c.4, s.10; 2011, c.30, s.2
190.022(1)In this section
“land registration office” means the registry office for a county or the land titles office for a land registration district.(bureau d’enregistrement des biens-fonds)
190.022(2)A notice given under section 190.011 may be registered in the appropriate land registration office and, upon such registration, any subsequent owner of the premises, building or structure in respect of which the notice was given shall be deemed, for the purposes of sections 190.04 and 190.041, to have been given the notice on the day on which the notice was given under section 190.011.
190.022(3)For the purposes of registering a notice under subsection (2), section 44 of the Registry Act and section 55 of the Land Titles Act do not apply.
190.022(4)Within thirty days after the terms of the notice have been complied with or a debt due to a municipality under subsection 190.04(1) or 190.041(5) or due to the Minister of Finance under subsection 190.061(3), as the case may be, is discharged, the municipality shall provide a certificate in the form prescribed by regulation to that effect to the person to whom the notice was given under section 190.011 or deemed to have been given under subsection (2), as the case may be, and the certificate shall operate as a discharge of the notice.
190.022(5)A person to whom a certificate is provided under subsection (4) may register the certificate in the appropriate land registration office, and, upon registration of the certificate, the appropriate registrar of the land registration office may cancel registration of the notice in respect of which the certificate was provided.
2006, c.4, s.10
Dangerous or unsightly premises
190.03(1)A person who fails to comply with the terms of a notice given under section 190.011 commits an offence that is, subject to subsections (1.1) and (1.2), punishable under Part II of the Provincial Offences Procedure Act as a category F offence.
190.03(1.1)Notwithstanding subsection 56(6) of the Provincial Offences Procedure Act, where a person who is leasing a dwelling or dwelling unit to another person commits an offence under subsection (1) in relation to a notice given under section 190.011 with respect to the dwelling or dwelling unit, the minimum fine that may be imposed by a judge under that Act in respect of the offence shall be one thousand dollars.
190.03(1.2)Where an offence under subsection (1) continues for more than one day,
(a) if the offence was committed by a person in relation to notice given under section 190.011 with respect to a dwelling or dwelling unit the person is leasing to another person,
(i) the minimum fine that may be imposed is the sum of
(A) one thousand dollars, and
(B) the minimum fine set by the Provincial Offences Procedure Act for a category F offence multiplied by the number of days during which the offence continues after the first day, and
(ii) the maximum fine that may be imposed is the maximum fine set by the Provincial Offences Procedure Act for a category F offence multiplied by the number of days during which the offence continues, and
(b) in any other case,
(i) the minimum fine that may be imposed is the minimum fine set by the Provincial Offences Procedure Act for a category F offence multiplied by the number of days during which the offence continues, and
(ii) the maximum fine that may be imposed is the maximum fine set by the Provincial Offences Procedure Act for a category F offence multiplied by the number of days during which the offence continues.
190.03(2)Repealed: 2006, c.4, s.11.
190.03(3)The conviction of a person under this section does not operate as a bar to further prosecution for the continued neglect or failure on his or her part to comply with the provisions of a by-law under section 190.
2003, c.27, s.61; 2006, c.4, s.11
Dangerous or unsightly premises
190.04(1)If a notice has been given under section 190.011, other than a notice prepared under subsection 190.041(2), and the owner or occupier does not comply with the notice, as deemed confirmed or as confirmed or modified by a committee of council or a judge under section 190.021, within the time set out in the notice, the municipality may, rather than commencing proceedings in respect of the violation or in addition to doing so,
(a) if the notice arises out of a condition existing contrary to subsection 190.01(1), cause the premises of that owner or occupier to be cleaned up or repaired,
(a.1) if the notice arises out of a condition existing contrary to subsection 190.01(1.1), cause the building or structure of that owner or occupier to be repaired or demolished, or
(b) if the notice arises out of a condition existing contrary to subsection 190.01(2), cause the building or structure of that owner or occupier to be demolished,
and the cost of carrying out such work, including any related charge or fee, is chargeable to the owner or occupier and becomes a debt due to the municipality.
190.04(2)For the purpose of subsection (1), the officer who gave the notice in respect of the premises, building or structure and the employees of the municipality or other persons acting on behalf of the municipality may, at all reasonable times, enter upon the premises, building or structure in order to clean up or repair the premises or repair or demolish the building or structure, as the case may be.
190.04(3)A municipality or a person acting on its behalf is not liable to compensate an owner or occupier or any other person by reason of anything done by or on behalf of the municipality in the reasonable exercise of its powers under this section.
2003, c.27, s.61; 2006, c.4, s.12; 2011, c.30, s.3
190.041(1)In this section
“emergency” includes a situation in which there is imminent danger to public safety or of serious harm to premises or to a building or structure.(situation d’urgence)
190.041(2)If upon inspection of a property under section 102.1, an officer referred to in that section is satisfied that there is nonconformity with a by-law under section 190 to such an extent as to pose an emergency, the officer may prepare and sign a notice referred to in subsection 190.01(3) requiring the owner or occupier of the premises, building or structure in respect of which the notice is prepared to immediately carry out work to terminate the danger.
190.041(3)After having prepared and signed a notice referred to in subsection (2), the officer may, either before or after the notice is given under section 190.011, take any measures necessary to terminate the danger giving rise to the emergency, and, for this purpose, the officer who prepared the notice and the employees of the municipality or other persons acting on behalf of the municipality may, at any time, enter upon the premises, building or structure in respect of which the notice was prepared.
190.041(4)A municipality or a person acting on its behalf is not liable to compensate an owner or occupier or any other person by reason of anything done by or on behalf of the municipality in the reasonable exercise of its powers under this section.
190.041(5)The cost of taking measures under subsection (3), including any related charge or fee, is chargeable to the owner or occupier and becomes a debt due to the municipality.
190.041(6)If the notice was not given before measures were taken to terminate the danger, the officer shall give a copy of the notice under section 190.011 as soon as possible after the measures have been taken, and the copy of the notice shall have attached to it a statement by the officer describing the measures taken by the municipality and providing details of the amount expended in taking such measures.
190.041(7)If the notice was given before the measures were taken, the officer shall give a copy of the statement mentioned in subsection (6) in the same manner as a notice is given under section 190.011 as soon as practicable after the measures have been taken.
2006, c.4, s.13
190.042(1)No person shall refuse entry to or obstruct or interfere with an officer referred to in subsection 190.04(2) or 190.041(3) who under the authority of that subsection is entering or attempting to enter premises or a building or structure.
190.042(2)A person who violates or fails to comply with subsection (1) commits an offence that is, subject to subsections (3) and (4), punishable under Part II of the Provincial Offences Procedure Act as a category F offence.
190.042(3)Notwithstanding subsection 56(6) of the Provincial Offences Procedure Act, where a person who is leasing a dwelling or dwelling unit to another person commits an offence under subsection (2) in relation to the dwelling or dwelling unit, the minimum fine that may be imposed by a judge under that Act in respect of the offence shall be one thousand dollars.
190.042(4)Where an offence under subsection (2) continues for more than one day,
(a) if the offence was committed in relation to a dwelling or dwelling unit by a person who is leasing the dwelling or dwelling unit to another person,
(i) the minimum fine that may be imposed is the sum of
(A) one thousand dollars, and
(B) the minimum fine set by the Provincial Offences Procedure Act for a category F offence multiplied by the number of days during which the offence continues after the first day, and
(ii) the maximum fine that may be imposed is the maximum fine set by the Provincial Offences Procedure Act for a category F offence multiplied by the number of days during which the offence continues, and
(b) in any other case,
(i) the minimum fine that may be imposed is the minimum fine set by the Provincial Offences Procedure Act for a category F offence multiplied by the number of days during which the offence continues, and
(ii) the maximum fine that may be imposed is the maximum fine set by the Provincial Offences Procedure Act for a category F offence multiplied by the number of days during which the offence continues.
2006, c.4, s.13
Dangerous or unsightly premises
190.05(1)Where the cost of carrying out work or the cost of taking measures becomes a debt due to a municipality under subsection 190.04(1) or 190.041(5), as the case may be, an officer of the municipality may issue a certificate stating the amount of the debt due and the name of the owner or occupier from whom the debt is due.
190.05(2)A certificate issued under subsection (1) may be filed in The Court of Queen’s Bench of New Brunswick and a certificate so filed shall be entered and recorded in the Court and when so entered and recorded may be enforced as a judgment obtained in the Court by the municipality against the person named in the certificate for a debt of the amount specified in the certificate.
190.05(3)All reasonable costs and charges attendant upon the filing, entering and recording of a certificate under subsection (2) may be recovered as if the amount had been included in the certificate.
2003, c.27, s.61; 2006, c.4, s.14
Dangerous or unsightly premises
190.06(1)The cost of carrying out work under subsection 190.04(1) or of taking measures under subsection 190.041(3), as the case may be, and all reasonable costs and charges attendant upon the filing, entering and recording of a certificate under section 190.05 shall, notwithstanding subsection 72(2) of the Workers’ Compensation Act and until paid, form a lien upon the real property in respect of which the work is carried out or the measures are taken in priority to every claim, privilege, lien or other encumbrance, whenever created, subject only to taxes levied under the Real Property Tax Act and a special lien under subsection 189(10).
190.06(2)The lien in subsection (1)
(a) attaches when the work under subsection 190.04(1) is begun or the measures under subsection 190.041(3) are begun, as the case may be, and does not require registration or filing of any document or the giving of notice to any person to create or preserve it, and
(b) follows the real property to which it attaches into whosever hands the real property comes.
190.06(3)Any mortgagee, judgment creditor or other person having any claim, privilege, lien or other encumbrance upon or against the real property to which is attached a lien under subsection (1)
(a) may pay the amount of the lien,
(b) may add the amount to the person’s mortgage, judgment or other security, and
(c) has the same rights and remedies for the amount as are contained in the person’s security.
2003, c.27, s.61; 2006, c.4, s.15
190.061(1)Where a debt due to a municipality under subsection 190.04(1) or 190.041(5) remains unpaid in whole or in part and the Minister of Finance is of the opinion that the municipality has made reasonable efforts to recover the unpaid amount, the Minister of Finance shall, if the municipality requests him or her to do so before December 31 in any year, pay to the municipality the following amounts at the same time as the first payment is made to the municipality under section 8 of the Community Funding Act in the following year:
(a) the unpaid amount of the debt; and
(b) interest on the unpaid amount of the debt
(i) calculated at the same rate as is applied in determining the amount of a penalty under subsection 10(3) of the Real Property Tax Act, and
(ii) accruing from the day the municipality completes the work or measures in respect of which the debt arose to the day the municipality makes a request under this subsection for payment in respect of the debt.
190.061(2)A municipality shall make a request under subsection (1) by submitting to the Minister of Finance a statement of the expenditures of the municipality that gave rise to the debt.
190.061(3)Subject to subsection (4), where a debt due to a municipality under subsection 190.04(1) or 190.041(5) in relation to work carried out or measures taken with respect to premises or a building or structure remains unpaid, in whole or in part, by the person liable to pay the debt and the Minister of Finance has made a payment under subsection (1) in respect of the debt,
(a) any part of the debt that remains unpaid by the person liable to pay the debt becomes a debt due to the Minister of Finance, and
(b) the Minister of Finance shall collect the following amounts from the owner of the premises, building or structure in the same manner that taxes on real property are collected under the Real Property Tax Act:
(i) any part of the debt under subsection 190.04(1) or 190.041(5) that remains unpaid by the person liable to pay the debt; and
(ii) interest on the unpaid part of the debt
(A) calculated at the same rate as is applied in determining the amount of a penalty under subsection 10(3) of the Real Property Tax Act, and
(B) accruing from the day the municipality completes the work or measures in respect of which the debt arose to the day the municipality makes a request under subsection (1) for payment in respect of the debt.
190.061(4)Subject to subsections (5) and (6), section 7, section 10, except subsection 10(2), and sections 11, 12, 13, 14, 14.1, 15, 16, 19, 20, 24 and 25 of the Real Property Tax Act apply with the necessary modifications for the purposes of subsection (3).
190.061(5)Where the amounts referred to in paragraph (3)(b) remain unpaid, those amounts and any penalty added to them under subsection (4) constitute a lien on the real property in respect of which the work was carried out or the measures were taken, and the lien ranks equally with a lien under subsection 11(1) of the Real Property Tax Act.
190.061(6)Where the real property is sold under any order of foreclosure, order for seizure and sale, execution or other legal process or a power of sale under a debenture or mortgage or under subsection 44(1) of the Property Act, the amount of a lien referred to in subsection (5) constitutes a charge on the proceeds that ranks equally with a charge under subsection 11(1) of the Real Property Tax Act.
2006, c.4, s.16; 2012, c.56, s.31
Dangerous or unsightly premises
190.07A municipality shall not proceed to act under paragraph 190.04(1)(b) unless it has a report from an architect, an engineer, a building inspector or the Fire Marshal that the building or structure is dilapidated or structurally unsound and such report is proof in the absence of evidence to the contrary that the building or structure is dilapidated or structurally unsound.
2003, c.27, s.61; 2006, c.4, s.17
RURAL COMMUNITIES
2005, c.7, s.49
Rural communities
190.0705In sections 190.071 to 190.09,
“service” means, unless the context requires otherwise, a service prescribed by regulation.
2005, c.7, s.49
Rural communities
190.071(1)On the recommendation of the Minister, the Lieutenant-Governor in Council may make regulations respecting conditions and procedures that shall be complied with and criteria that shall be considered before
(a) the inhabitants of an area may be incorporated as a rural community,
(b) two or more rural communities may be amalgamated,
(c) a contiguous area may be annexed to a rural community,
(d) two or more rural communities may be amalgamated and contiguous areas annexed to the new rural community,
(e) one or more rural communities may be amalgamated with one or more towns or villages as a rural community and contiguous areas annexed to the new rural community,
(f) the territorial limits of a rural community may be decreased, or
(g) a rural community may be dissolved.
190.071(2)The Minister may, and if petitioned by the rural community council shall, carry out a study to determine the feasibility of dissolving a rural community.
190.071(3)A rural community shall not be dissolved except by a special Act of the Legislature.
2005, c.7, s.49; 2012, c.44, s.11
Rural communities
190.072(1)If an area complies with the regulations under subsection 190.071(1), on the recommendation of the Minister, the Lieutenant-Governor in Council may by regulation
(a) incorporate the inhabitants of the area as a rural community,
(b) amalgamate two or more rural communities,
(c) annex a contiguous area to a rural community,
(d) amalgamate two or more rural communities and annex contiguous areas to the new rural community,
(e) amalgamate one or more rural communities with one or more towns or villages and annex contiguous areas to the new rural community, or
(f) decrease the territorial limits of a rural community.
190.072(2)Despite paragraphs (1)(c), (d) and (e) and paragraphs 190.071(1)(c), (d) and (e), if more than one area is to be annexed to a rural community and those areas constitute a group, the Minister may annex the group to the rural community if
(a) the areas considered as a group are contiguous to each other, and
(b) at least one area of the group is contiguous to the rural community.
190.072(3)For the purpose of this Act and the regulations, an area referred to in subsection (2) shall be deemed a contiguous area.
2005, c.7, s.49; 2012, c.44, s.11
Rural communities
190.073(1)On the recommendation of the Minister, the Lieutenant-Governor in Council may, in a regulation under section 190.072,
(a) prescribe the effective date of the incorporation, amalgamation, annexation or decrement of the rural community,
(b) prescribe the name of the rural community,
(c) prescribe the boundaries of the rural community,
(d) for the purpose of the first election, provide for
(i) the composition of the first rural community council and local commissions,
(ii) the holding of elections, either before or subsequent to the effective date of the incorporation, amalgamation, annexation or decrement,
(iii) polling divisions,
(iv) the fixing of days for nominations, either before or subsequent to the effective date of the incorporation, amalgamation, annexation or decrement,
(v) the fixing of a day for the holding of the first election,
(vi) the qualifications of candidates and voters,
(vii) the preparation of voters lists,
(viii) the fixing of a day for the taking of the oath of office,
(ix) the fixing of days for first meetings of the rural community council and local commissions, and
(x) such other matters as are deemed necessary to provide for the effective administration of the new rural community or any of its local commissions,
(e) if a first election is held under paragraph (d) to elect a first rural community council prior to the effective date of the incorporation, amalgamation, annexation or decrement, fix the remuneration of the members of the first rural community council for the period falling between the taking of the oath of office and the effective date of the incorporation, amalgamation, annexation or decrement,
(f) prescribe which services listed in the First Schedule are to be provided by the Minister in the rural community or any portion of it,
(g) prescribe land use planning as a service or any other service as a service that shall be provided in the rural community by the rural community,
(h) make adjustments in relation to the provision of services for a local service district or other rural community affected by the incorporation, amalgamation, annexation or decrement,
(i) make adjustments of assets and liabilities between rural communities affected by the regulation under section 190.072 as the rural communities agree upon or, in default of agreement, as the Lieutenant-Governor in Council deems equitable,
(j) create, amalgamate or dissolve local commissions and make adjustments of assets and liabilities of local commissions as they agree upon or, in default of agreement, as the Lieutenant-Governor in Council deems equitable,
(k) appoint one or more persons who have all the powers of a commissioner appointed under the Inquiries Act to inquire into and report to the Lieutenant-Governor in Council upon the adjustments of assets and liabilities referred to in paragraphs (i) and (j),
(l) prescribe the number of members on the rural community council,
(m) provide for the election of rural community councillors at large, by ward, or a combination of the two,
(n) divide the rural community into wards,
(o) designate any rural plan under subsection 77(2.1) of the Community Planning Act, any portion of a rural plan or any other regulation under the Community Planning Act or a rural plan adopted under subsection 77.2(1) of the Community Planning Act as the basic planning statement, rural plan, zoning regulation or other regulation, as the case may be, of the rural community or portion of the rural community,
(p) prescribe transitional provisions in relation to a local service district or municipality that is abolished or altered as a result of the incorporation or change in the boundaries of a rural community, including adjustments of assets and liabilities, and
(q) provide for all matters necessary or incidental to the incorporation, amalgamation, annexation or decrement.
190.073(2)If an area is incorporated as a rural community under section 190.072, any service listed in the First Schedule provided in the area shall, subject to a provision under paragraph (1)(f) or (g), continue to be provided by the Minister in the rural community or that portion of the rural community until the service is discontinued pursuant to a regulation under paragraph 190.09(1)(s) or a by-law is enacted under subsection 190.079(1).
190.073(3)If a service, whether provided by the Minister or the rural community, is discontinued in a rural community or any portion of a rural community, all liabilities associated with the service continue until discharged.
190.073(4)If a rural community has not enacted a by-law under subsection 190.079(1) authorizing it to provide a garbage and refuse collection and disposal service, and notwithstanding that the rural community or any area within the rural community has not been established in accordance with this Act for the provision of a garbage and refuse collection and disposal service by the Minister, the Minister may, in accordance with regulations made under section 191 and without following the procedure set out in a regulation made under paragraph 190.09(1)(s), provide that service in the rural community or in any area within the rural community, if the rural community or area is within the territory serviced by a regional service commission established under the Regional Service Delivery Act.
190.073(5)If the Minister provides a garbage and refuse collection and disposal service under subsection (4), the Minister may do so by entering into an agreement with the regional service commission established under the Regional Service Delivery Act and the Minister shall raise the money required for provision of the service in accordance with section 190.082.
190.073(5.01)Without limiting subsection (4), if a rural community has not enacted a by-law under subsection 190.079(1) authorizing it to provide a particular service, and notwithstanding that the rural community or any area within the rural community has not been established in accordance with this Act for the provision of the service by the Minister, the Minister may, in accordance with regulations made under section 191 and without following the procedure set out in a regulation made under paragraph 190.09(1)(s), provide the service in the rural community or in any area within the rural community if the rural community or the area is being provided that service by or through a regional service commission established under the Regional Service Delivery Act.
190.073(5.02)The Minister shall raise the money required for the provision of a service by or through the regional service commission established under the Regional Service Delivery Act in a rural community in accordance with section 190.082.
190.073(5.1)If a rural community has not enacted a by-law under subsection 96(1) authorizing it to provide a dog control service, and notwithstanding that the rural community or any area within the rural community has not been established in accordance with this Act for the provision of a dog control service by the Minister, the Minister may, in accordance with regulations made under section 191 and without following the procedure set out in a regulation made under paragraph 190.09(1)(s), provide that service in the rural community or in any area within the rural community.
190.073(5.2)The Minister shall raise the money required for provision of a dog control service in accordance with section 190.082.
190.073(5.3)If a rural community has not enacted a by-law under subsection 190.079(1) authorizing it to provide a police protection service, and notwithstanding that the rural community or any area within the rural community has not been established in accordance with this Act for the provision of a police protection service by the Minister, the Minister may, without following the procedure set out in a regulation made under paragraph 190.09(1)(s), provide that service in the rural community or in any area within the rural community.
190.073(5.4)Subject to subsection (5.5), the Minister shall raise the money required for the provision of a police protection service in accordance with section 190.082.
190.073(5.5)The Minister may raise the following percentage of the money required for the provision of a police protection service:
(a) 25% for the year 2013;
(b) 50% for the year 2014;
(c) 75% for the year 2015; and
(d) 100% for the year 2016 and any succeeding year.
190.073(6)If a regulation is made under section 190.072, the Lieutenant-Governor in Council may
(a) amend or repeal a rural plan or any other regulation made under the Community Planning Act to make adjustments respecting areas affected by the incorporation of the rural community, and
(b) amend or repeal a regulation made under section 23.1 or 190.072 to make adjustments in respect of the boundaries of any local service district or rural community affected by the incorporation of the new rural community.
190.073(7)The amalgamation of two or more rural communities does not affect the by-laws then in force in each of the former rural communities, and they remain in force in each former rural community until repealed by the rural community council of the new rural community.
190.073(8)Subject to section 19.2, when an area is annexed to a rural community, the by-laws of the rural community extend to the annexed area.
190.073(9)When the territorial limits of a rural community are decreased, the by-laws of the former rural community apply to the new rural community.
190.073(10)Subsection 77(11) of the Community Planning Act does not apply to paragraph (6)(a).
2005, c.7, s.49; 2009, c.19, s.2; 2012, c.43, s.2; 2012, c.44, s.11
Rural communities
190.074(1)The inhabitants of a rural community created under section 190.072 are a body corporate under the name prescribed for it under section 190.072.
190.074(2)Notwithstanding the description of the territorial limits of a rural community, all wharves, piers, docks, bridges, causeways, breakwaters and other similar structures contiguous to the boundary of a rural community are included within the rural community.
190.074(3)A rural community has perpetual succession.
190.074(4)A rural community may, in its corporate name,
(a) sue and be sued,
(b) become a party to any contract or agreement within its powers,
(c) subject to the regulations, charge interest, at the rate determined by a resolution of the rural community council, on any debt owing to it,
(d) receive by donation and otherwise acquire, hold, dispose of and convey any property, real or personal, for any purpose within its powers, and
(e) take security in any form for a debt owing to it.
190.074(5)A rural community may provide for, create, alter and abolish committees, departments, bureaus, divisions, boards, commissions, officials and agencies of the rural community and delegate administrative powers and duties to them.
190.074(6)If a person defaults in doing any thing he or she has been lawfully ordered or directed by a rural community council to do, the rural community council may cause that thing to be done and recover the expense for doing it, with costs, together with any damages arising from the default, in an action against the person.
2005, c.7, s.49
Rural communities
190.075(1)A rural community shall have a corporate seal that the rural community council may alter or change at pleasure.
190.075(2)No agreement, contract, deed or other document to which a rural community is a party has any force or effect unless it is
(a) sealed with the corporate seal of the rural community, and
(b) signed by the rural community mayor and the rural community clerk.
2005, c.7, s.49
Rural communities
190.076(1)The powers of a rural community are vested in and shall be exercised by its rural community council.
190.076(2)A rural community council shall advise and assist the Minister in providing services listed in the First Schedule to the rural community.
190.076(3)A rural community council is continuing and a new rural community council may take up and complete proceedings commenced by a previous rural community council.
190.076(4)Members of a rural community council shall be elected in accordance with the Municipal Elections Act.
190.076(5)Section 38 applies with the necessary modifications to the election of members of a rural community council.
190.076(6)Sections 90.1 to 90.91 apply with the necessary modifications to a member of a rural community council.
2005, c.7, s.49
Rural communities
190.077(1)A rural community council may appoint a chief administrative officer for the rural community.
190.077(2)A rural community council shall appoint a rural community clerk, a treasurer and an auditor.
190.077(3)A rural community council may appoint an assistant clerk, an assistant treasurer, an engineer, a building inspector, a solicitor and such other officers as are necessary for the administration of the rural community.
190.077(4)A person may be appointed to more than one office.
190.077(5)No person who has been elected to a rural community council is eligible for appointment as an officer of or employment with the rural community during his or her term of office, unless the person
(a) resigns his or her position on the rural community council before applying for the appointment or employment, and
(b) was not involved in any discussions or decisions of the rural community council relating to the creation of, qualifications for or remuneration related to the appointment or employment.
190.077(6)Subsection (5) does not apply when the employment is rendered voluntarily.
190.077(7)With the exception of auditors, all officers employed solely by the rural community on a full time basis and appointed under this section, are entitled, subject to subsections (5) and (8), to hold office until retirement, death, resignation, or dismissal for cause by the affirmative vote of at least two-thirds of the members of the rural community council who are not disqualified from voting on the resolution.
190.077(8)Subsection (7) does not apply to a person in respect of whom a resolution has been made under subparagraph 19(9.1)(b)(i), (ii) or (iii).
190.077(9)If a rural community council is authorized to appoint any officer it may appoint an acting officer if the officer is absent due to illness or any other reason or the office is vacant.
2005, c.7, s.49
Rural communities
190.078(1)The chief administrative officer of a rural community has the duties and powers that the rural community council prescribes by by-law or resolution.
190.078(2)A rural community clerk, assistant clerk, treasurer, assistant treasurer and auditor shall perform the duties, exercise the powers and meet the qualifications provided for in a regulation under subsection 190.09(1).
190.078(3)The rural community mayor, or such other person as the rural community council appoints, shall sign jointly with the treasurer all cheques issued by the rural community.
190.078(4)The rural community council may provide by resolution that any signature required by subsection (3) be reproduced.
190.078(5)The treasurer of a rural community is not liable for any money paid by him or her in accordance with a by-law or resolution of the rural community council unless another disposition of it is expressly provided for by statute.
190.078(6)No person shall be appointed or hold the office of solicitor of a rural community unless the person is a member of the Law Society of New Brunswick.
190.078(7)Notwithstanding that the remuneration of a solicitor for or counsel to a rural community is paid wholly or partly by salary, the rural community is entitled to tax and collect lawful costs in all actions and proceedings to which it is a party.
190.078(8)No person shall be appointed or hold the office of engineer of a rural community unless the person is a registered professional engineer.
2005, c.7, s.49
Rural communities
190.079(1)A rural community may enact a by-law authorizing it to provide any of the services prescribed by regulation.
190.079(2)A rural community shall enact a by-law to regulate the procedures of meetings of the rural community council, and such a by-law shall include those matters prescribed by regulation.
190.079(3)Subject to subsection (4), except where it would be inconsistent with a provision in sections 190.071 to 190.09 or a provision in a regulation under those sections, a rural community may enact any by-law that a municipality may enact under this Act or a regulation under this Act.
190.079(4)A rural community may enact a by-law under section 28, 29 or 31 that modifies any matter provided for in a regulation pursuant to paragraph 190.073(1)(l), (m) or (n), and those sections apply with the necessary modifications to a rural community.
190.079(5)Subject to subsection (6), any provision in this Act or a regulation under this Act respecting the enactment or enforcement of a by-law, the prosecution or penalty for the contravention of a by-law or any other matter relating to a by-law applies with the necessary modifications to a rural community.
190.079(6)If there is a conflict between a provision referred to in subsection (5) and a provision in sections 190.071 to 190.09 or a regulation under those sections, the provision in sections 190.071 to 190.09 or the regulation under those sections prevails.
2005, c.7, s.49
Rural communities
190.08(1)If a rural community carries out a power under this Act or provides a service, the rural community
(a) shall administer the power or service,
(b) shall pay the costs of the power or service, and
(c) subject to the Motor Vehicle Act, may make by-laws with respect to the power or service.
190.08(2)Without restricting the generality of any powers given under this Act, a rural community in providing a service may
(a) acquire land or an interest in land that is adjacent to the rural community and use the land to provide the service,
(b) enter into an agreement with one or more municipalities, rural communities or with any person, including the Crown, whereby the cost and use of a service may be shared by the parties to the agreement,
(c) enter into an agreement with one or more municipalities, rural communities or with any person, including the Crown, to provide for the joint acquisition, ownership, development, extension, management or operation of services that may be provided by a rural community under this Act, and
(d) enter into an agreement with one or more municipalities, rural communities or with the owner of a sewerage or water works providing
(i) for the disposal or treatment of sewage, and
(ii) for the payment of compensation for the use of the sewerage or water works.
190.08(3)Subject to any other law regulating the distribution of natural gas in the Province, a rural community may enter into an agreement with a distributor of natural gas respecting the use of the property of the rural community and any other matter associated with the construction or operation of a natural gas distribution system.
190.08(4)A rural community may participate in an airport commission and may enter into an agreement for that purpose.
190.08(5)Subject to subsection (6), for the purpose of carrying out any of its powers or providing any of its services, a rural community may expropriate within the meaning of and in accordance with the Expropriation Act, whether the subject matter of the expropriation is within or without the boundaries of the rural community.
190.08(6)A rural community shall not expropriate where the subject matter of the expropriation is within the boundaries of another rural community or a municipality, and any such purported expropriation is invalid.
2005, c.7, s.49
Rural communities
190.081(1)The fiscal year of a rural community is the calendar year.
190.081(2)Each year on or before a date to be fixed by regulation, a rural community shall adopt by resolution and submit to the Minister for approval in the prescribed form
(a) an estimate of the money required for the operation of the rural community,
(b) the amount of that estimate to be raised on the rural community tax base,
(c) subject to subsection (2.1), the rate at which the amount referred to in paragraph (b) is to be raised, and
(d) the imposition of the tax under paragraph 5(2)(a.1) of the Real Property Tax Act.
190.081(2.1)For the year 2010, the rate to be used in paragraph (2)(c) shall be the rate determined under subsection 5.01(2) of the Real Property Tax Act or adopted under paragraph 5.01(3)(d) of that Act, as the case may be.
190.081(3)A rural community shall provide, in the prescribed form referred to in subsection (2), the sources and the estimates from those sources by which the difference in amount between the estimate under paragraph (2)(a) and the estimate under paragraph (2)(b) is to be raised.
190.081(4)When computing the rural community tax base for the purposes of paragraph (2)(b), the assessed value of real property in a rural community owned by the Crown in right of Canada shall be the amount determined by the Minister in accordance with subsection (5).
190.081(5)The assessed value of real property in a rural community owned by the Crown in right of Canada shall be determined by the Minister by making
(a) adjustments to the assessed value of the real property to reflect the previous year’s property value determined under the Payments in Lieu of Taxes Act (Canada), and
(b) such other adjustments as may be required to be made in respect of real property reclassifications and alterations and other modifications to real property so as to reflect the anticipated property value determined under the Payments in Lieu of Taxes Act (Canada).
190.081(6)If the estimate under paragraph (2)(a) is not approved by the Minister, the rural community shall adopt the following revisions by resolution and submit the revisions to the Minister for approval:
(a) a revision of the estimate under paragraph (2)(a);
(b) a revision of the amount under paragraph (2)(b); and
(c) a revision of the rate under paragraph (2)(c).
190.081(7)Upon the approval of the Minister, the rate adopted under this section is the rate fixed for the purposes of the Real Property Tax Act.
190.081(8)Failure to pass a resolution under this section does not invalidate the rate fixed under subsection (7).
190.081(9)If the services provided by a rural community vary in different areas of the rural community to a degree that, in the opinion of the rural community council, warrants an adjustment of the rate fixed in paragraph (2)(c), the rural community may fix different rates for different areas, or portions of an area, accordingly.
190.081(10)If an unincorporated area is annexed to a rural community, the rural community, with the approval of the Lieutenant-Governor in Council and subject to the terms and conditions set by the Lieutenant-Governor in Council, may for a period not exceeding ten years fix a rate that is different than the rate fixed in paragraph (2)(c) or subsection (9) for real property that
(a) was located in the unincorporated area immediately before the annexation, and
(b) is not subject to a credit under section 2 or 2.1 of the Residential Property Tax Relief Act.
190.081(11)If a rural community fixes a rate under subsection (9) or (10), the rural community shall adjust the rate fixed in paragraph (2)(c) so that the amount of the estimate under paragraph (2)(b) remains the same.
2005, c.7, s.49; 2008, c.31, s.13; 2009, c.15, s.7; 2010, c.35, s.6; 2012, c.44, s.11
Rural communities
190.082(1)The Minister shall raise the money required for the Minister to provide services, including the costs of administration attributable to those services, in a rural community by taxation within the rural community in accordance with the Real Property Tax Act.
190.082(2)Where services provided in different areas of a rural community by the Minister, including the costs of administration attributable to those services, vary to a degree that, in the opinion of the Minister, warrants an adjustment of the rates fixed under paragraph 190.082(5)(d), the Minister may fix different rates for different areas, or portions of an area, accordingly.
190.082(3)Notwithstanding subsection (1), the Minister may, with respect to the service of garbage and refuse collection and disposal, raise money for the provision of the service, including the costs of administration attributable to the service, in whole or in part, on a user-charge basis in accordance with section 193.2.
190.082(4)Where the cost of providing the service of garbage and refuse collection and disposal, including the costs of administration attributable to the service, in different areas of a rural community vary to a degree that, in the opinion of the Minister, warrants an adjustment of the user-charges fixed under section 193.2, the Minister may fix different rates for users of the service in different areas or portions of an area, accordingly.
190.082(5)Each year the Minister shall
(a) prepare an estimate of the money required for the Minister to provide services, including the costs of administration attributable to those services, for a rural community,
(b) determine the amount of that estimate to be raised on the rural community tax base,
(c) determine the amount of that estimate to be raised on a user-charge basis, if any, and
(d) subject to subsection (6), fix the rate at which the amount referred to in paragraph (b) is to be raised.
190.082(6)For the year 2010, the rate to be used in paragraph (5)(d) shall be the rate determined under subsection 5.01(2) of the Real Property Tax Act or fixed under paragraph 5.01(3)(e) of that Act, as the case may be.
2005, c.7, s.49; 2010, c.2, s.25; 2010, c.35, s.6; 2011, c.46, s.3
Rural communities
190.083(1)If a payment made by the Province to a rural community in respect of a grant under the Payments in Lieu of Taxes Act (Canada) for a fiscal year is less than the amount actually received by the Province,
(a) the rural community council shall, on notice by the Minister, cause the difference to be credited to the current fund for the second next ensuing year, and
(b) the Minister of Finance shall for the second next ensuing year include the amount that represents such difference in the payment made under subsection 9(1) of the Community Funding Act.
190.083(2)If a payment made by the Province to a rural community in respect of a grant under the Payments in Lieu of Taxes Act (Canada) for a fiscal year exceeds the amount actually received by the Province,
(a) the rural community council shall, on notice by the Minister, cause the difference to be debited against the current fund for the second next ensuing year, and
(b) the Minister of Finance shall for the second next ensuing year deduct the amount that represents such difference from the payment made under subsection 9(1) of the Community Funding Act.
2005, c.7, s.49; 2012, c.56, s.31
Rural communities
190.084(1)Subject to this section and the Municipal Capital Borrowing Act, a rural community may borrow money for rural community purposes.
190.084(2)A rural community shall not, in any one year, borrow for its current operations any money in excess of the sum represented by four per cent of the budget of the rural community for that year or five thousand dollars, whichever is greater.
190.084(3)Subject to subsection (4), a rural community shall not, in any one year, borrow for capital expenditures any money in excess of the sum represented by two per cent of the assessed value of real property in the rural community.
190.084(4)Subject to subsection (5), if sixty per cent of those voting at a plebiscite held for authority to borrow in excess of the sum mentioned in subsection (3) vote in the affirmative, a rural community may borrow the sum authorized by the plebiscite.
190.084(5)Subject to subsection (6), a rural community may not borrow any money for capital expenditures
(a) if the amount to be borrowed would exceed six per cent of the assessed value of real property in the rural community, or
(b) subject to the terms and conditions prescribed by regulation, if the annual charges to repay the total amount of money borrowed would exceed the percentage prescribed by regulation of the budget of the rural community.
190.084(6)The money borrowed under subsections (3) and (5) is deemed to be the net amount of money borrowed.
190.084(7)For the purposes of this section, any money borrowed by a rural community under section 111 or for the construction or renovation of an electric power, water or sanitary sewerage system is not considered as money borrowed.
190.084(8)A rural community council having an audited general fund surplus at the end of a fiscal year shall cause such surplus to be credited to the current fund for the second next ensuing year.
190.084(9)A rural community council having an audited general fund deficit at the end of a fiscal year shall cause such deficit to be debited against the current fund for the second next ensuing year.
2005, c.7, s.49
Rural communities
190.085A rural community may, in accordance with the regulations, establish, manage and contribute to
(a) an operating reserve fund, and
(b) a capital reserve fund.
2005, c.7, s.49
Rural communities
190.086(1)Notwithstanding any other provision of this Act or the Municipal Capital Borrowing Act, when two or more rural communities are amalgamated under section 190.072, any outstanding authority of a former rural community to borrow money, granted and approved under the Municipal Capital Borrowing Act, may, with the written authorization of the Minister, continue in the name of the new rural community.
190.086(2)If the inhabitants of an area that includes two or more rural communities are incorporated or amalgamated under section 190.072 or a rural community is incorporated as a municipality, all the assets and liabilities of the former rural community or rural communities and its or their local commissions are assets and liabilities of the new rural community or municipality, and the new rural community or municipality for all purposes stands in the place and stead of the former rural community or rural communities.
190.086(3)If the territorial limits of a rural community are decreased, the assets and liabilities of the former rural community and its local commissions shall be adjusted in accordance with an agreement between the rural community and the Minister.
190.086(4)Subsections (1) and (2) apply with the necessary modifications to the amalgamation under section 190.072 of one or more rural communities with one or more towns or villages.
2005, c.7, s.49; 2012, c.44, s.11
Rural communities
190.087(1)A rural community shall not be liable in an action in nuisance, where the damage is the result of
(a) water overflowing from a sewer, drain, ditch or watercourse due to excessive snow, ice, mud or rain, or
(b) the construction, operation or maintenance of a system or facility for the collection, conveyance, treatment or disposal of wastewater, storm water or both.
190.087(2)Subsection (1) does not apply to a cause of action that arose before the coming into force of this section.
2005, c.7, s.49
Rural communities
190.088(1)Except as provided under this section or a regulation made under section 190.072, the Municipal Elections Act applies to first elections of rural community councils, and first elections of rural community councils shall be conducted under the Municipal Elections Act.
190.088(2)If a first election under paragraph 190.073(1)(d) is held at the same time as a quadrennial election, the Municipal Electoral Officer may, after December 31 in the year before 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 so as to provide for such revised polling divisions as are necessary for the conduct of the first election under paragraph 190.073(1)(d).
190.088(3)If a first election is held under paragraph 190.073(1)(d), a person is not qualified to be a candidate for the office of rural community mayor or councillor unless the person has been resident within the boundaries of the rural community, as the boundaries of the rural community are described in the regulation under section 190.072, for at least six months immediately before the election.
190.088(4)If a first election is held under paragraph 190.073(1)(d) in a rural community divided into wards, a person is not entitled to be a candidate for the office of rural community councillor for a ward unless the person is resident in the ward, as that ward is described in the regulation under paragraph 190.073(1)(n), at the time of the person’s nomination.
190.088(5)If a first election is held under paragraph 190.073(1)(d) in a rural community divided into wards,
(a) the voters resident in a ward shall vote only for the candidates nominated for that ward unless otherwise provided for in a regulation under section 190.072, and
(b) a separate ballot paper shall be prepared under the Municipal Elections Act for each ward and shall contain the names of the candidates seeking election as
(i) rural community mayor,
(ii) a rural community councillor for the ward, and
(iii) a rural community councillor at large.
190.088(6)Paragraph (5)(a) does not apply to candidates for the office of rural community mayor or rural community councillor at large.
190.088(7)If a first election under paragraph 190.073(1)(d) is conducted at the same time as a quadrennial election, the Municipal Electoral Officer shall give a Notice of Election in relation to the rural community as described under the regulation effecting the incorporation, amalgamation, annexation or decrement but shall not give a Notice of Election in relation to the rural community that exists prior to the effective date of the incorporation, amalgamation, annexation or decrement of that rural community.
190.088(8)Except where a first election is conducted at the same time as a quadrennial election and subject to subsection (9), the preliminary voters list for a first election shall be the most recent voters list prepared for the previous election.
190.088(9)The Municipal Electoral Officer may, if the Municipal Electoral Officer considers it advisable, prepare in accordance with the Municipal Elections Act a new voters list for the first election of members of a rural community council.
190.088(10)If there is a conflict between a provision of a regulation made under paragraph 190.073(1)(d) and a provision of this section, the provision in the regulation prevails.
2005, c.7, s.49
Rural communities
190.089A basic planning statement, rural plan, zoning regulation or other regulation designated under paragraph 190.073(1)(o) shall remain in force in the rural community or portion of the rural community until amended or repealed under the Community Planning Act.
2005, c.7, s.49
Rural communities
190.09(1)On the recommendation of the Minister, the Lieutenant-Governor in Council may make regulations
(a) respecting the composition of a rural community council;
(b) respecting the election of a rural community deputy mayor from among the rural community councillors;
(c) respecting the duties and powers of a rural community mayor, rural community deputy mayor and rural community councillors;
(d) respecting the duties, powers and qualifications of a rural community clerk, assistant clerk, treasurer, assistant treasurer or auditor under this Act or any other Act;
(e) respecting the bonding of officers and employees of a rural community;
(f) respecting the acceptance of office and the taking of and subscribing to an oath of office by a rural community mayor or a rural community councillor;
(g) respecting the circumstances under which a member of a rural community council may be required to prove that he or she is qualified to hold office;
(h) respecting the circumstances under which a member of a rural community council may be declared incapable of holding office;
(i) respecting the disqualification of a member of a rural community council;
(j) respecting the resignation of a member of a rural community council;
(k) respecting vacancies on a rural community council, including the reduction of quorum requirements for or the composition of a rural community council due to vacancies;
(l) respecting the remuneration and payment of expenses of a rural community mayor and rural community councillors;
(m) respecting the procedure for the holding of meetings of a rural community council;
(n) respecting the frequency of meetings of a rural community council;
(o) respecting the quorum for a meeting of a rural community council;
(p) respecting the minutes of meetings and other documents of a rural community council;
(q) respecting by-elections to a rural community council;
(r) prescribing the services that a rural community may provide under the authority of a by-law enacted under subsection 190.079(1);
(s) respecting the procedure for the provision or discontinuance of a service listed in the First Schedule to a rural community where a rural community has not enacted a by-law under subsection 190.079(1) with respect to that service;
(t) respecting the procedure for a rural community council to provide advice to the Minister on the provision or discontinuance of a service listed in the First Schedule to a rural community;
(u) respecting the procedure for a rural community to discontinue providing a service where a by-law under subsection 190.079(1) is or has been in force in the rural community with respect to that service;
(v) respecting conditions that shall be fulfilled before a rural community may discontinue providing a service where a by-law under subsection 190.079(1) is or has been in force in the rural community with respect to that service;
(w) respecting the procedure for advising the Minister of the provision or discontinuance of a service to or by a rural community;
(x) respecting procedures for the conduct of business by a rural community council, including voting procedures and the manner in which decisions may be made by a rural community council;
(y) respecting the indemnification against liability for any costs, charges or expenses incurred in relation to a civil, criminal or administrative action by a member or former member of a rural community council, officer or former officer of a rural community, an employee or former employee of a rural community or a member or former member of a committee, board, commission or agency established by a rural community council as a result of being or having been a member of a rural community council, an officer or employee of a rural community or a member of a committee, board, commission or agency established by a rural community council.
190.09(2)A person who violates or fails to comply with a provision of a regulation under paragraph (1)(f) commits an offence that is punishable under Part II of the Provincial Offences Procedure Act as a category B offence.
2005, c.7, s.49
REMOVAL OF OBSTRUCTIONS
1976, c.40, s.8
Removal of obstructions
190.1(1)In this section “street” includes road, lane or alley or a bridge thereon.
190.1(2)The Minister or persons designated by him, may remove or demolish any building, structure, obstruction or encroachment upon a street, without compensating the owner thereof or of any lands abutting the same.
190.1(3)If any resistance or opposition is made by any person to the removal or demolition authorized under subsection (2), a judge of The Court of Queen’s Bench of New Brunswick, after notice to show cause given in such manner as the judge prescribes, may issue a warrant to the sheriff for the judicial district within which the street is situated, directing the sheriff to put down the resistance or opposition and to put the Minister or the persons designated by the Minister in possession, and the sheriff shall make a return of the warrant and of the manner in which it was executed to the clerk of The Court of Queen’s Bench of New Brunswick for the judicial district.
1976, c.40, s.8; 1979, c.41, s.88; 1980, c.32, s.28; 1988, c.42, s.32
PROVINCIAL POWERS
Provincial powers
191(1)Where a municipality or a rural community is empowered to make by-laws respecting a matter, the Lieutenant-Governor in Council may, upon the recommendation of the Minister, make regulations respecting the matter that are applicable to
(a) the unincorporated areas of the Province, and
(b) rural communities that have not enacted a by-law with respect to the matter.
191(2)Repealed: 1994, c.80, s.4
191(3)Repealed: 1994, c.80, s.4
1966, c.20, s.189; 1968, c.41, s.44; 1981, c.52, s.17; 1983, c.56, s.14; 1994, c.80, s.4; 2005, c.7, s.49
Regulations may be retroactive and vary in areas
191.1Regulations made under section 191, with respect to garbage and refuse collection and disposal, may
(a) be made retroactive to November 9, 1966, or any other later date, and
(b) vary in different areas of the Province.
2002, c.6, s.7
REGULATIONS
Regulations
192(1)The Lieutenant-Governor in Council may make regulations to give effect to this Act and, without restricting the generality of the foregoing, may make regulations
(a) prescribing a scale of maximum fees for licences required by by-laws of municipalities when such maximum fees are not prescribed by this Act;
(a.1) prescribing the maximum rate at which a municipality may charge interest on debts owing to the municipality;
(a.2) prescribing those matters to be included in the procedural by-law of a municipality or rural community;
(a.3) respecting the sharing of services by an agreement under subsection 7(4), including the sharing of the cost and other matters related to the operation of shared services;
(b) prescribing forms necessary for the administration of this Act;
(c) prescribing punishment on conviction for the violation of any regulation including fines not exceeding the maximum fine that may be imposed for commission of an offence punishable under Part II of the Provincial Offences Procedure Act as a category D offence;
(d) prescribing the powers and duties of persons engaged or employed in the administration or enforcement of this Act;
(e) prescribing the forms and procedures for accounting and formulating of financial statements in municipalities and rural communities;
(f) prescribing the day on or before which a municipality or rural community shall prepare and submit an estimate of the money required for the operation of the municipality or rural community;
(g) providing for regular and spot audits of municipal accounts;
(g.1) prescribing financial records or documents of a municipality that shall be open for inspection or examination by members of the public;
(h) providing for the regulating and licensing of operators of theatres as defined by the Theatres, Cinematographs and Amusements Act immediately before the commencement of the Admission and Amusement Tax Act;
(h.1) prescribing bodies for the purposes of the definition “local board” in section 90.1;
(i) respecting the disclosure of interest of a member of a council with any person having dealings with the municipality;
(j) prescribing a scale of fees for presiding officers, poll clerks, constables and other officers necessary for the conduct of an election;
(j.1) prescribing the percentage of the budget of a municipality for the purposes of paragraph 89(5)(b) and prescribing terms and conditions relating thereto;
(j.2) prescribing the percentage of the budget of a rural community for the purposes of paragraph 190.084(5)(b) and prescribing terms and conditions for the purposes of that paragraph;
(k) respecting the establishment and management of and contributions to operating reserve funds and capital reserve funds under section 189 and the purposes and amounts of such funds;
(k.1) respecting the establishment and management of and contributions to operating reserve funds and capital reserve funds under section 90 or 190.085 and the purposes and amounts of such funds;
(k.2) respecting agreements under subsection 111.2(3), including the sharing of the cost and other matters related to the construction, ownership or operation of a generation facility and the use or sale of the electricity generated;
(k.3) respecting the establishment and management of and contributions to an operating reserve fund and a capital reserve fund under section 111.5 and the amounts of each fund;
(l) extending the powers of municipalities incorporated under this Act, by municipal charter or by private or special act;
(m) determining the portion of water costs which may be charged against fire protection service; and
(n) generally for the better administration of the Act.
192(2)Repealed: 1982, c.43, s.10
1966, c.20, s.190; 1968, c.41, s.45; 1973, c.60, s.12; 1978, c.41, s.8; 1979, c.47, s.14; 1982, c.43, s.10; 1984, c.9, s.2; 1987, c.6, s.68; 1988, c.A-2.1, s.17; 1990, c.61, s.89; 1996, c.45, s.4; 2003, c.27, s.62; 2005, c.7, s.49; 2008, c.11, s.21; 2008, c.28, s.2
WATER AND SEWERAGE SYSTEMS
OUTSIDE MUNICIPALITIES
Water and sewerage systems outside municipalities
193(1)Where a water or sanitary sewerage system or both have vested in the Minister under section 55 of the Community Planning Act, the Minister shall operate the system on a user-charge basis and may, where both systems have vested, establish separate or joint rates therefor.
193(2)Subsections (4), (5), (6), (8), (9), (10), (14) and (15) of section 189 apply mutatis mutandis to the operation of a system under this section.
193(2.1)Notwithstanding subsection (2), the owner of land within the subdivision upon which there is no building connected with the system shall pay a charge to be determined by the Minister, such charge to be as near as possible to what the user-charge would be if there was a building on the land connected with the system; and for purposes of this section such charge shall be deemed to be a user-charge.
193(3)A user-charge levied under this section is a debt due the Crown.
193(4)The Minister may
(a) convey a system described in subsection (1) to a municipality, the boundaries of which are extended to include the subdivision; and
(b) otherwise transfer or alienate a system.
1972, c.60, s.13; 1973, c.60, s.13; 1981, c.52, s.18; 1986, c.8, s.83; 1987, c.6, s.68; 1989, c.55, s.39; 1992, c.2, s.40; 1998, c.41, s.78; 2003, c.27, s.63
WATER AND SANITARY
SEWERAGE SYSTEMS
1976, c.40, s.9
Water and sanitary sewerage systems
193.1(1)With the approval of the Lieutenant-Governor in Council, the Minister may enter into an agreement with respect to the acquisition, establishment, operation, alteration, extension or alienation of a water or sanitary sewerage system.
193.1(2)Where a water or sanitary sewerage system has been acquired by the Minister pursuant to subsection (1), the Minister shall operate the system as a user-charge basis and may, where both systems have been acquired, establish separate or joint rates therefor.
193.1(3)Subsections 189(4), (5), (6), (8), (9), (10), (14) and (15) apply mutatis mutandis to the operation of water and sanitary sewerage systems under this section.
193.1(4)A user-charge levied under this section is a debt due the Crown.
1976, c.40, s.9; 1981, c.52, s.19
USER-CHARGES FOR
GARBAGE SERVICES
OUTSIDE MUNICIPALITIES
2002, c.6, s.8
User-charges for garbage services outside municipalities
193.2(1)Where the Minister provides a garbage and refuse collection and disposal service on a user-charge basis to a local service district or a rural community or an area within a local service district or a rural community, subsections 7.1(4), (7) and (9) apply with the necessary modifications to the provision of the service.
193.2(2)The amount to be raised through a user-charge for the service of garbage and refuse collection and disposal in a local service district or a rural community or an area within a local service district or a rural community shall not exceed the cost of providing the service, including the costs of administration attributable to the service.
193.2(3)A user-charge levied under this section is a debt due the Crown.
2002, c.6, s.8; 2005, c.7, s.49; 2011, c.46, s.4
IMMUNITY - FIRE PROTECTION SERVICES AND NON-FIRE RELATED RESCUE SERVICES
2008, c.15, s.2; 2011, c.21, s.4
Immunity - fire protection services and non-fire related rescue services
193.3No action or other proceeding for damages shall be instituted against any of the following bodies or persons for any loss, injury or damage suffered by reason of anything in good faith done or omitted to be done by a member or former member of a fire department, brigade or association that provides fire protection services and non-fire related rescue services within a municipality, rural community or local service district, by reason of the member or former member acting as a member of the fire department, brigade or association:
(a) Her Majesty in right of the Province;
(b) the Minister;
(c) a municipality;
(d) a rural community;
(e) the fire department, brigade or association;
(f) a member or former member of the fire department, brigade or association; or
(g) the legal representatives or heirs of a person referred to in paragraph (f).
2008, c.15, s.2; 2011, c.21, s.5
TRANSITIONAL
Transitional
194All property of whatever kind and wherever situated owned by municipalities under the Counties Act, chapter 44 of the Revised Statutes, 1952, is vested in the Crown in right of the Province represented by the Minister.
1966, c.20, s.192
Transitional
195All debts and liabilities of municipalities under the Counties Act, chapter 44 of the Revised Statutes, 1952, are obligations of the Crown in right of the Province as represented by the Minister.
1966, c.20, s.193
Transitional
196(1)Subject to subsection (2), the by-laws in effect in a municipality on January 1, 1967 remain in effect until repealed by the municipality.
196(2)Where there is a conflict between a by-law and this Act, the latter prevails.
1966, c.20, s.196
Transitional
197Notwithstanding the provisions of any Act, each municipality may collect all taxes and debts owing to it as of the first day of January, 1967, in the same manner as provided when that tax was imposed or that debt arose.
1967, c.56, s.27
ENFORCEMENT
Enforcement
198(1)A person who violates or fails to comply with section 158 commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category B offence.
198(2)A person who violates or fails to comply with section 153 or subsection 162(4), 163(2) or 165(3) commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category E offence.
198(3)A person who violates or fails to comply with subsection 159(1) or 159(2) commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category F offence.
1966, c.20, s.197; 1990, c.61, s.89; 2003, c.27, s.64
Repealed
199Repealed: 1990, c.61, s.89
1966, c.20, s.198; 1990, c.61, s.89
Commencement and repeal
200(1)Sections 186 and 193 and the heading preceding section 193, or any provision thereof, shall come into force on a day to be fixed by proclamation.
200(2)Section 186 and clause (c) of the First Schedule of the Municipalities Act, Chapter 20, 1966 are repealed on a day to be fixed by proclamation and until that day remain in force.
1973, c.60, s.14
FIRST SCHEDULE
SERVICES
Any service deemed by the council to be expedient for the peace, order and good government of the municipality and for promoting the health, safety and welfare of the inhabitants of the municipality including, without restricting the generality of the foregoing, the following:
(a) drainage;
(b) fire protection;
(b.1) non-fire related rescue;
(c) garbage and refuse collection and disposal;
(d) sewerage;
(e) sidewalks;
(f) roads and streets;
(g) regulation of traffic;
(h) street lighting;
(i) water;
(j) parks;
(k) community services;
(l) tourist promotion and development;
(m) industrial development and promotion;
(n) urban redevelopment and urban renewal;
(o) housing;
(p) land assembly;
(q) recreational and sports facilities;
(q.1) recreational and sports programs;
(r) first aid and ambulance services;
(r.1) any service provided by or through a regional service commission;
(s) the sale of gas and provision of customer services as defined in the Gas Distribution Act, 1999.
1966, c.20, Schedule I; 1968, c.41, s.47; 1969, c.58, s.22; 1970, c.37, s.10; 1972, c.49, s.10; 1973, c.60, s.2; 1999, c.G-2.11, s.103; 2003, c.27, s.65; 2011, c.21, s.6; 2012, c.44, s.11
SECOND SCHEDULE
Column I
Column II
Village of Port Elgin
Village of Port Elgin
Township of McAdam
Village of McAdam
Local Administrative Commissions
1. Village of Aroostook Junction for supplying Electric Light, Power and Heat
Village of Aroostook
2. Town of Dorchester to assess for Fire Protection and Street Lighting
Village of Dorchester
3. Repealed: 1974, c.33(Supp.), s.5.
4. Repealed: 1974, c.33(Supp.), s.5.
5. Bath Village for Water and Fire Purposes
Village of Bath
6. Villages of Andover and Perth for supplying Electric Lights, Power and Heat
Village of Perth-Andover
7. Tracy Street Lighting District
Village of Tracy
8. Stanley Hydro Electric District
Village of Stanley
9. Repealed: 1974, c.33(Supp.), s.5.
10. Chipman Hydro Electric District
Village of Chipman
11. Repealed: 1974, c.33(Supp.), s.5.
Local Improvement Districts
Column I
Column II
1. Alma
Village of Alma
2. Atholville
Village of Atholville
3. Repealed: 1974, c.33(Supp.), s.5.
4. Blackville
Village of Blackville
5. Repealed: 1974, c.33(Supp.), s.5.
6. Bristol
Village of Bristol
7. Buctouche
Village of Buctouche
8. Cambridge-Narrows
Village of Cambridge-Narrows
9. Canterbury
Village of Canterbury
10. Centreville
Village of Centreville
11. Repealed: 1974, c.33(Supp.), s.5.
12. Clair
Village of Clair
13. Colborne
Village of Charlo
14. Doaktown
Village of Doaktown
15. Douglastown
Village of Douglastown
16. East Riverside-Kingshurst
Village of East Riverside-Kingshurst
17. Repealed: 1974, c.33(Supp.), s.5.
18. Eel River Crossing
Village of Eel River Crossing
19. Fairvale
Village of Fairvale
20. Florenceville
Village of Florenceville
21. Fredericton Junction
Village of Fredericton Junction
22. Gagetown
Village of Gagetown
23. Gondola Point
Village of Gondola Point
24. Repealed: 1974, c.33(Supp.), s.5.
25. Hampton
Village of Hampton
26. Harvey
Village of Harvey
27. Jacquet River
Village of Jacquet River
28. Kedgwick
Village of Kedgwick
29. Repealed: 1985, c.18, s.1.
30. Repealed: 1974, c.33(Supp.), s.5.
31. Lower Caraquet
Village of Bas-Caraquet
32. Loggieville
Village of Loggieville
33. Meductic
Village of Meductic
34. Millville
Village of Millville
35. Repealed: 1974, c.33(Supp.), s.5.
36. North Head
Village of North Head
37. Norton
Village of Norton
38. Pamdenec
Village of Pamdenec
39. Paquetville
Village of Paquetville
40. Petitcodiac
Village of Petitcodiac
41. Pointe Verte
Village of Pointe-Verte
42. Plaster Rock
Village of Plaster Rock
43. Petit Rocher
Village of Petit-Rocher
44. Repealed: 1985, c.18, s.1.
45. Renforth
Village of Renforth
46. Riverside-Albert
Village of Riverside-Albert
47. Repealed: 1974, c.33(Supp.), s.5.
48. Riviere Verte
Village of Rivière-Verte
49. Rogersville
Village of Rogersville
50. Salisbury
Village of Salisbury
51. Repealed: 1974, c.33(Supp.), s.5.
52. Seal Cove
Village of Seal Cove
53. St. Anthony
Village of Saint-Antoine
54. St. Basile
Village of Saint-Basile
55. St. Francois de Madawaska
Village of Saint-François de Madawaska
56. Ste. Anne de Madawaska
Village of Sainte-Anne de Madawaska
57. St. Jacques
Village of Saint-Jacques
58. St. Joseph
Village of Saint-Joseph
59. St. Louis de Kent
Village of Saint-Louis de Kent
60. St. Quentin
Village of Saint-Quentin
61. Sussex Corner
Village of Sussex Corner
62. Tide Head
Village of Tide Head
63. Westfield
Village of Westfield
1966, c.20, Schedule II; 1967, c.56, s.28; 1969, c.58, s.23; 1971, c.50, s.19; 1974, c.33(Supp.), s.5; 1985, c.18, s.1
N.B. Section 193 of this Act was proclaimed and came into force July 23, 1975.
N.B. Section 186 of this Act was proclaimed and came into force June 1, 2010.
N.B. This Act is consolidated to January 1, 2013.