Regulations
191(1)The Lieutenant-Governor in Council may make regulations
(a)
prescribing circumstances in which an agreement, contract, instrument or other document to which a local government is a party does not need to satisfy the requirements of subsection 4(3);
(a.1)
extending the powers of a local government for the purposes of subsection 2(1);
(b)
prescribing standards or codes respecting maintenance and occupancy of buildings and premises contained in a by-law made under paragraph 10(1)(
e);
(c)
approving standards or codes respecting maintenance and occupancy of buildings and premises to be adopted or incorporated by reference in a by-law made under paragraph 10(1)(
e);
(d)
prescribing standards or codes respecting blasting operations contained in a by-law made under paragraph 10(1)(
f);
(e)
approving standards or codes respecting blasting operations to be adopted or incorporated by reference in a by-law made under paragraph 10(1)(
f);
(f)
prescribing matters required to be included in a by-law of a local government referred to in paragraph 10(2)(
a);
(g)
prescribing any matters required to be included in a by-law of a local government establishing a code of conduct under paragraph 10(2)(
b);
(h)
governing the incorporation, amalgamation, annexation or decrease in territorial limits of local governments including, without limitation,
(i)
the required conditions and procedures, and
(ii)
the criteria to be considered in a feasibility study;
(h.1)
governing the dissolution of local governments including, without limitation, prescribing factors for the purposes of paragraph 21(1.1)(g);
(i)
Repealed: 2021, c.44, s.4
(j)
amending or repealing a rural plan or any other regulation made under the
Community Planning Act for the purposes of paragraph 34(
a);
(k)
changing the territorial limits of an affected rural district for the purposes of paragraph 34(b);
(l)
prescribing an oath of office for the purposes of paragraph 58(1)(
a);
(m)
prescribing an affirmation of office for the purposes of paragraph 58(1)(
b);
(n)
changing the name of a local government under subsection 60(4), 61(3) or 62(2);
(o)
prescribing documents for the purposes of paragraph 75(1)(
g);
(p)
prescribing duties of an auditor of a local government;
(q)
prescribing powers and duties of a by-law enforcement officer of a local government;
(r)
prescribing information respecting bonds to be included in an annual report of an auditor of a local government;
(s)
prescribing bodies for the purpose of the definition “local board” in subsection 87(1);
(t)
prescribing a statement of conflict of interest form;
(u)
setting the date for a local government to submit an estimate under subsection 99(2) or a revised estimate under subsection 99(6);
(v)
governing the establishment and management of and contributions to an operating reserve fund and a capital reserve fund of a local government under section 101;
(w)
setting the time for submitting annual reports under subsection 105(1) or (2);
(x)
prescribing information for the purposes of subsection 105(1) or (2);
(y)
prescribing the services provided by the Minister to a rural community or to a regional municipality;
(z)
governing the provision of animal control services in a rural community or regional municipality that has not made a by-law authorizing that service under section 10 and in a rural district, including, without limitation,
(ii)
the keeping of animals, including prohibiting the keeping of animals at large,
(iii)
the protection of persons and property from animals,
(iv)
the licensing of animals, including prohibiting persons from keeping animals without obtaining a licence,
(v)
disturbances by animals, including prohibiting persons from allowing animals to create disturbances,
(vi)
defining fierce or dangerous animals, including defining them by breed, cross-breed or partial breed,
(vii)
prohibiting or regulating the keeping of fierce or dangerous animals,
(viii)
requiring that animals be vaccinated against rabies, including
(I)
a schedule for the vaccinations,
(II)
a schedule for the assessment of the effectiveness of a previous vaccination, or
(III)
a combination of the schedules set out in subclauses (I) and (II),
(B)
prescribing requirements for proof of vaccinations or requirements for the assessment of the effectiveness of a previous vaccination,
(ix)
the seizure of animals on private or public property and their return, sale or destruction,
(x)
providing that if a complaint has been made to a judge of the Provincial Court alleging that an animal has bitten or attempted to bite a person, the judge may summon the owner of the animal to appear and show cause why the animal should not be destroyed and the judge may, if from the evidence produced it appears that the animal has bitten a person, make an order directing
(A)
that the animal be destroyed, or
(B)
that the owner or keeper of the animal keep the animal under control,
(xi)
prescribing persons or organizations to whom the Minister may delegate a power, authority, right, duty or responsibility, including persons or organizations that are external to government,
(xii)
when a person who is responsible for animal control is exercising a power or performing a duty under the regulation,
(A)
imposing a requirement to assist the person,
(B)
prohibiting persons from obstructing or hindering the person,
(C)
prohibiting persons from knowingly making false or misleading statements to the person;
(aa)
governing the provision of solid waste collection and disposal services in a rural community or regional municipality that has not made a by-law authorizing those services under section 10 and in a rural district, including without limitation,
(i)
prescribing solid waste that will be collected and that will not be collected,
(ii)
prohibiting the disposal of certain solid waste,
(iii)
prescribing the terms and conditions of collection and any restrictions on collection, and
(iv)
restricting solid waste collection and disposal to certain classes of real property;
(aa.1)
governing the licensing of events at or near public places or at places that are open to the public in a rural community or regional municipality that has not made a by-law regulating those matters under section 10 and in a rural district, including without limitation,
(i)
prohibiting persons from holding events without obtaining a licence, and
(ii)
providing the Minister with the power
(A)
to abridge or extend a time prescribed by regulation for submitting an application for a licence,
(B)
to waive a requirement prescribed by regulation for an application for a licence,
(C)
to require information in addition to the information prescribed by regulation for an application for a licence,
(D)
to require the use of forms provided by the Minister,
(F)
to impose terms and conditions on a licence, including the requirement to provide bonds or other forms of security, and
(G)
to realize on bonds or other forms of security provided in connection with a licence;
(aa.2)
governing agreements under paragraphs 112(3)(b) and (c), including the sharing of costs of construction and operation of a generation facility and the use or sale of electricity generated;
(bb)
governing the establishment and management of and contributions to an operating reserve fund and a capital reserve fund for a generation facility under section 115;
(cc)
governing the establishment and management of and contributions to an operating reserve fund and a capital reserve fund for a service or utility under subsection 117(7);
(dd)
providing for the calculation of the portion of water costs relating to fire protection services that a local government may charge against the general operating fund;
(ee)
governing the regulation of dangerous or unsightly premises and property in areas that are not subject to Part 13 of this Act, including
(i)
prohibiting specified materials from remaining on a property or premises,
(ii)
prohibiting a building or structure from becoming a hazard to the safety of the public,
(iii)
governing notices to owners or occupiers of properties that have become a hazard or on which prohibited materials remain, including any requirements for the issuance, contents and service of the notices,
(iv)
governing requirements for proof of service of a notice referred to in subparagraph (iii),
(v)
governing the burden of proof in a prosecution if proof of service of a notice is provided in accordance with the requirements referred to in subparagraph (iv),
(vi)
governing the admissibility in evidence by a court of a notice referred to in subparagraph (iii),
(vii)
providing the Minister with the power to clean, repair or demolish a premises that is subject to a notice referred to in subparagraph (iii),
(viii)
providing the Minister with the power to charge an owner or occupier for the costs of carrying out any actions referred to in subparagraph (vii),
(ix)
requiring a report to be received before a premises may be demolished under subparagraph (vii) and prescribing the persons who are qualified to prepare the report,
(x)
governing the procedure for filing a certificate of the costs referred to in subparagraph (viii) with The Court of King’s Bench of New Brunswick,
(xi)
establishing a lien for unpaid costs referred to in subparagraph (viii),
(xii)
providing for the appointment of inspectors for the enforcement of provisions of the regulation,
(xiii)
providing for the powers and duties of inspectors referred to in subparagraph (xii), including the power to enter an area, place or premises, other than a private dwelling, for the purposes of inspections for the purposes of the regulation,
(xiv)
when an inspector is exercising a power or performing a duty under the regulation,
(A)
imposing a requirement to assist the inspector,
(B)
prohibiting persons from obstructing or hindering the inspector,
(C)
prohibiting persons from knowingly making false or misleading statements to the inspector,
(xv)
with respect to offences under the regulation, prescribing the penalty that may be imposed, including prescribing categories of offences for the purposes of Part 2 of the
Provincial Offences Procedure Act,
(xvi)
prescribing persons or organizations to whom the Minister may delegate a power, authority, right, duty or responsibility, including persons or organizations that are external to government;
(ff)
prescribing the form of notice referred to in subsection 132(1);
(gg)
prescribing a certificate referred to in subsection 135(4);
(hh)
authorizing other matters for the purposes of paragraph 156(3)(
b);
(ii)
prescribing a penalty notice form referred to in subsection 157(2);
(jj)
prescribing information for the purposes of paragraph 157(2)(
d);
(kk)
prescribing manners of delivery for the purpose of paragraph 158(1)(
d);
(ll)
prescribing a deemed time of delivery for a notice delivered under paragraph 158(1)(
d);
(ll.1)
prescribing rural districts for the purpose of section 176.1;
(ll.2)
prescribing or changing the name of a rural district;
(ll.3)
outlining or changing the territorial limits of a rural district;
(ll.4)
prescribing the number of members on an advisory committee for a rural district;
(ll.5)
dividing a rural district into wards;
(mm)
governing noise control in a rural district, including, without limitation, regulating or prohibiting the making or causing of noises or sound;
(nn)
Repealed: 2021, c.44, s.4
(oo)
respecting rural district advisory committee elections;
(pp)
prescribing provisions of the regulations of which the violation or the failure to comply with constitute an offence;
(qq)
in relation to offences under the regulations, except for a regulation under paragraph (
ee), prescribing category A, B, C or D offences for the purposes of Part 2 of the
Provincial Offences Procedure Act;
(rr)
defining words or expressions used in this Act but not defined;
(ss)
prescribing forms to be used for the purposes of this Act;
(tt)
repealing, in whole or in part, a regulation referred to in section 196;
(uu)
respecting any other matter that may be necessary for the proper administration of this Act.
191(2)A regulation made under subsection (1) may vary for or be made in respect of different persons, matters or things or different classes or categories of persons, matters or things.
191(3)A regulation made under subsection (1) may be general or particular in its application, may be limited as to time or place or both and may exclude any place from its application.
2021, c.44, s.4; 2023, c.17, s.146