Acts and Regulations

2017, c.18 - Local Governance Act

Full text
Regulation effecting an incorporation, amalgamation, annexation or a decrease in territorial limits
31The Lieutenant-Governor in Council may, in a regulation effecting an incorporation, amalgamation, annexation or a decrease in territorial limits of a local government,
(a) prescribe the name and territorial limits of the local government and the effective date of the incorporation, amalgamation, annexation, or decrease in territorial limits;
(b) divide the local government into wards;
(c) designate any rural plan or any portion of a rural plan or any other regulation under the Community Planning Act as the municipal plan, rural plan, zoning by-law or other by-law, as the case may be, of a local government, portion of a local government or annexed area for the purposes of sections 38 and 39;
(d) make adjustments in respect of the provision of services for any rural district, rural community or regional municipality affected by the incorporation, annexation or decrease in territorial limits;
(e) make any adjustments of assets and liabilities between affected local governments that they agree on or, in default of agreement, that the Lieutenant-Governor in Council considers equitable;
(f) create, amalgamate or dissolve local commissions and make any adjustments of assets and liabilities of local commissions that they agree on, or, in default of agreement, that the Lieutenant-Governor in Council considers equitable;
(g) appoint persons to inquire into and report to the Lieutenant-Governor in Council on the adjustments of assets and liabilities referred to in paragraphs (e) and (f) with the power to
(i) request that a person produce or provide access to, any relevant document in the person’s possession or control, and
(ii) apply to The Court of King’s Bench of New Brunswick for an order directing a person to comply with a request referred to in subparagraph (i);
(h) provide for first elections or by-elections, as the case may be, in accordance with section 33.1;
(i) if an election to elect a first council is held before the effective date of the incorporation, amalgamation, annexation or decrease in territorial limits, fix the remuneration of the members of the first council for the period falling between the taking of the oath of office or making the affirmation of office, as the case may be, and the effective date of the incorporation, amalgamation, annexation or decrease in territorial limits; and
(j) provide for all matters necessary or incidental to the incorporation, amalgamation, annexation, or decrease in territorial limits.
2021, c.44, s.4; 2023, c.17, s.146
Regulation effecting an incorporation, amalgamation, annexation or a decrease in territorial limits
31The Lieutenant-Governor in Council may, in a regulation effecting an incorporation, amalgamation, annexation or a decrease in territorial limits of a local government,
(a) prescribe the name and territorial limits of the local government and the effective date of the incorporation, amalgamation, annexation, or decrease in territorial limits;
(b) divide the local government into wards;
(c) designate any rural plan or any portion of a rural plan or any other regulation under the Community Planning Act as the municipal plan, rural plan, zoning by-law or other by-law, as the case may be, of a local government, portion of a local government or annexed area for the purposes of sections 38 and 39;
(d) make adjustments in respect of the provision of services for any rural district, rural community or regional municipality affected by the incorporation, annexation or decrease in territorial limits;
(e) make any adjustments of assets and liabilities between affected local governments that they agree on or, in default of agreement, that the Lieutenant-Governor in Council considers equitable;
(f) create, amalgamate or dissolve local commissions and make any adjustments of assets and liabilities of local commissions that they agree on, or, in default of agreement, that the Lieutenant-Governor in Council considers equitable;
(g) appoint persons to inquire into and report to the Lieutenant-Governor in Council on the adjustments of assets and liabilities referred to in paragraphs (e) and (f) with the power to
(i) request that a person produce or provide access to, any relevant document in the person’s possession or control, and
(ii) apply to The Court of Queen’s Bench of New Brunswick for an order directing a person to comply with a request referred to in subparagraph (i);
(h) provide for first elections or by-elections, as the case may be, in accordance with section 33.1;
(i) if an election to elect a first council is held before the effective date of the incorporation, amalgamation, annexation or decrease in territorial limits, fix the remuneration of the members of the first council for the period falling between the taking of the oath of office or making the affirmation of office, as the case may be, and the effective date of the incorporation, amalgamation, annexation or decrease in territorial limits; and
(j) provide for all matters necessary or incidental to the incorporation, amalgamation, annexation, or decrease in territorial limits.
2021, c.44, s.4
Regulation effecting an incorporation, amalgamation, annexation or a decrease in territorial limits
31The Lieutenant-Governor in Council may, in a regulation effecting an incorporation, amalgamation, annexation or a decrease in territorial limits of a local government,
(a) prescribe the name and territorial limits of the local government and the effective date of the incorporation, amalgamation, annexation, or decrease in territorial limits;
(b) divide the local government into wards;
(c) designate any rural plan or any portion of a rural plan or any other regulation under the Community Planning Act as the municipal plan, rural plan, zoning by-law or other by-law, as the case may be, of a local government, portion of a local government or annexed area for the purposes of sections 38 and 39;
(d) make adjustments in respect of the provision of services for any local service district, rural community or regional municipality affected by the incorporation, annexation or decrease in territorial limits;
(e) make any adjustments of assets and liabilities between affected local governments that they agree on or, in default of agreement, that the Lieutenant-Governor in Council considers equitable;
(f) create, amalgamate or dissolve local commissions and make any adjustments of assets and liabilities of local commissions that they agree on, or, in default of agreement, that the Lieutenant-Governor in Council considers equitable;
(g) appoint persons to inquire into and report to the Lieutenant-Governor in Council on the adjustments of assets and liabilities referred to in paragraphs (e) and (f) with the power to
(i) request that a person produce or provide access to, any relevant document in the person’s possession or control, and
(ii) apply to The Court of Queen’s Bench of New Brunswick for an order directing a person to comply with a request referred to in subparagraph (i);
(h) for the purpose of the first elections, provide for
(i) the number of members on the first council,
(ii) the holding of elections of councillors at large, by ward, or a combination of the two, either before or after the effective date of the incorporation, amalgamation, annexation, or decrease in territorial limits,
(iii) the polling divisions,
(iv) the setting of days for nominations, either before or after the effective date of the incorporation, amalgamation, annexation or decrease in territorial limits,
(v) the setting of the day for holding the first election,
(vi) the qualifications of candidates and voters,
(vii) the preparation of voters lists,
(viii) the setting of the day for the taking of the oath of office or making the affirmation of office, as the case may be,
(ix) the setting of days for first meetings of councils, and
(x) any other matters that the Lieutenant-Governor in Council considers necessary to provide for the effective administration of the new local government;
(i) if an election to elect a first council is held before the effective date of the incorporation, amalgamation, annexation or decrease in territorial limits, fix the remuneration of the members of the first council for the period falling between the taking of the oath of office or making the affirmation of office, as the case may be, and the effective date of the incorporation, amalgamation, annexation or decrease in territorial limits; and
(j) provide for all matters necessary or incidental to the incorporation, amalgamation, annexation, or decrease in territorial limits.
Regulation effecting an incorporation, amalgamation, annexation or a decrease in territorial limits
31The Lieutenant-Governor in Council may, in a regulation effecting an incorporation, amalgamation, annexation or a decrease in territorial limits of a local government,
(a) prescribe the name and territorial limits of the local government and the effective date of the incorporation, amalgamation, annexation, or decrease in territorial limits;
(b) divide the local government into wards;
(c) designate any rural plan or any portion of a rural plan or any other regulation under the Community Planning Act as the municipal plan, rural plan, zoning by-law or other by-law, as the case may be, of a local government, portion of a local government or annexed area for the purposes of sections 38 and 39;
(d) make adjustments in respect of the provision of services for any local service district, rural community or regional municipality affected by the incorporation, annexation or decrease in territorial limits;
(e) make any adjustments of assets and liabilities between affected local governments that they agree on or, in default of agreement, that the Lieutenant-Governor in Council considers equitable;
(f) create, amalgamate or dissolve local commissions and make any adjustments of assets and liabilities of local commissions that they agree on, or, in default of agreement, that the Lieutenant-Governor in Council considers equitable;
(g) appoint persons to inquire into and report to the Lieutenant-Governor in Council on the adjustments of assets and liabilities referred to in paragraphs (e) and (f) with the power to
(i) request that a person produce or provide access to, any relevant document in the person’s possession or control, and
(ii) apply to The Court of Queen’s Bench of New Brunswick for an order directing a person to comply with a request referred to in subparagraph (i);
(h) for the purpose of the first elections, provide for
(i) the number of members on the first council,
(ii) the holding of elections of councillors at large, by ward, or a combination of the two, either before or after the effective date of the incorporation, amalgamation, annexation, or decrease in territorial limits,
(iii) the polling divisions,
(iv) the setting of days for nominations, either before or after the effective date of the incorporation, amalgamation, annexation or decrease in territorial limits,
(v) the setting of the day for holding the first election,
(vi) the qualifications of candidates and voters,
(vii) the preparation of voters lists,
(viii) the setting of the day for the taking of the oath of office or making the affirmation of office, as the case may be,
(ix) the setting of days for first meetings of councils, and
(x) any other matters that the Lieutenant-Governor in Council considers necessary to provide for the effective administration of the new local government;
(i) if an election to elect a first council is held before the effective date of the incorporation, amalgamation, annexation or decrease in territorial limits, fix the remuneration of the members of the first council for the period falling between the taking of the oath of office or making the affirmation of office, as the case may be, and the effective date of the incorporation, amalgamation, annexation or decrease in territorial limits; and
(j) provide for all matters necessary or incidental to the incorporation, amalgamation, annexation, or decrease in territorial limits.