Acts and Regulations

2017, c.18 - Local Governance Act

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Accepting office on a council
58(1)A person elected to an office on a council shall, in accordance with this section, accept the office by
(a) taking and subscribing the oath of office prescribed by regulation, or
(b) making and subscribing the affirmation of office prescribed by regulation.
58(2)A person elected to an office on a council in a general election shall take the oath or make the affirmation under subsection (1) on or before the first meeting of council.
58(3)A person elected to an office on a council by acclamation in a by-election shall take the oath or make the affirmation under subsection (1) without delay.
58(4)A person elected to an office on a council in a by-election shall take the oath or make the affirmation under subsection (1) after the expiration of the period referred to in subsection 41.1(1) of the Municipal Elections Act and, if applicable, the expiration of the period referred to in 42(1) of that Act.
58(5)A person elected to an office on a council in a first election under section 36 shall accept the office by taking the oath of office or making the affirmation of office under subsection (1) on the day set in the regulation made under section 31 in respect of that first election.
58(5.1)A person elected to an office on a council in a by-election under section 36 shall accept the office by taking the oath of office or making the affirmation of office under subsection (1) on the day set in the regulation made under section 31 in respect of that by-election.
58(6)Despite subsections (2), (3), (4), (5) and (5.1), a person elected to office on a council in a general election, a by-election or a first election may take the oath or make the affirmation under subsection (1) at any time following the person’s election if, for reasons of illness or unavoidable absence from the local government, the person is unable to take the oath or make the affirmation within the time prescribed.
58(7)Despite subsections (2), (3), (4), (5), (5.1) and (6), if an application has been filed under section 41.1 or 42 of the Municipal Elections Act requesting that a recount of votes be made with respect to an election to office on a council in a general election, a by-election or a first election, a person elected to the office shall not take the oath or make the affirmation under subsection (1) until the person has been declared elected by the municipal returning officer or the judge conducting the recount.
58(8)Despite subsections (2), (5), (5.1) and (6), unless a person’s election was by acclamation, a person elected to office on a council in a general election, a by-election or a first election shall not take the oath or make the affirmation under subsection (1) before the expiration of the period referred to in subsection 41.1(1) of the Municipal Elections Act and, if applicable, the expiration of the period referred to in 42(1) of that Act.
58(9)No person shall take a seat on a council before the person has accepted office as provided in this section.
58(10)The following persons may administer an oath of office or an affirmation of office:
(a) the clerk;
(b) a notary public or a commissioner for taking affidavits; or
(c) a judge of the Provincial Court, The Court of King’s Bench of New Brunswick or The Court of Appeal of New Brunswick.
58(11)Once administered, an oath or affirmation shall be filed with the clerk and the clerk shall record in the minutes of council the taking of every oath and the making of every affirmation under this section.
58(12)Except when excused by council, a person who fails to comply with this section commits an offence punishable under Part 2 of the Provincial Offences Procedure Act as a category B offence.
58(13)A member of council may resign the member’s office by filing with the clerk a resignation in writing.
2021, c.44, s.4; 2023, c.17, s.146
Accepting office on a council
58(1)A person elected to an office on a council shall, in accordance with this section, accept the office by
(a) taking and subscribing the oath of office prescribed by regulation, or
(b) making and subscribing the affirmation of office prescribed by regulation.
58(2)A person elected to an office on a council in a general election shall take the oath or make the affirmation under subsection (1) on or before the first meeting of council.
58(3)A person elected to an office on a council by acclamation in a by-election shall take the oath or make the affirmation under subsection (1) without delay.
58(4)A person elected to an office on a council in a by-election shall take the oath or make the affirmation under subsection (1) after the expiration of the period referred to in subsection 41.1(1) of the Municipal Elections Act and, if applicable, the expiration of the period referred to in 42(1) of that Act.
58(5)A person elected to an office on a council in a first election under section 36 shall accept the office by taking the oath of office or making the affirmation of office under subsection (1) on the day set in the regulation made under section 31 in respect of that first election.
58(5.1)A person elected to an office on a council in a by-election under section 36 shall accept the office by taking the oath of office or making the affirmation of office under subsection (1) on the day set in the regulation made under section 31 in respect of that by-election.
58(6)Despite subsections (2), (3), (4), (5) and (5.1), a person elected to office on a council in a general election, a by-election or a first election may take the oath or make the affirmation under subsection (1) at any time following the person’s election if, for reasons of illness or unavoidable absence from the local government, the person is unable to take the oath or make the affirmation within the time prescribed.
58(7)Despite subsections (2), (3), (4), (5), (5.1) and (6), if an application has been filed under section 41.1 or 42 of the Municipal Elections Act requesting that a recount of votes be made with respect to an election to office on a council in a general election, a by-election or a first election, a person elected to the office shall not take the oath or make the affirmation under subsection (1) until the person has been declared elected by the municipal returning officer or the judge conducting the recount.
58(8)Despite subsections (2), (5), (5.1) and (6), unless a person’s election was by acclamation, a person elected to office on a council in a general election, a by-election or a first election shall not take the oath or make the affirmation under subsection (1) before the expiration of the period referred to in subsection 41.1(1) of the Municipal Elections Act and, if applicable, the expiration of the period referred to in 42(1) of that Act.
58(9)No person shall take a seat on a council before the person has accepted office as provided in this section.
58(10)The following persons may administer an oath of office or an affirmation of office:
(a) the clerk;
(b) a notary public or a commissioner for taking affidavits; 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.
58(11)Once administered, an oath or affirmation shall be filed with the clerk and the clerk shall record in the minutes of council the taking of every oath and the making of every affirmation under this section.
58(12)Except when excused by council, a person who fails to comply with this section commits an offence punishable under Part 2 of the Provincial Offences Procedure Act as a category B offence.
58(13)A member of council may resign the member’s office by filing with the clerk a resignation in writing.
2021, c.44, s.4
Accepting office on a council
58(1)A person elected to an office on a council shall, in accordance with this section, accept the office by
(a) taking and subscribing the oath of office prescribed by regulation, or
(b) making and subscribing the affirmation of office prescribed by regulation.
58(2)A person elected to an office on a council in a general election shall take the oath or make the affirmation under subsection (1) on or before the first meeting of council.
58(3)A person elected to an office on a council by acclamation in a by-election shall take the oath or make the affirmation under subsection (1) without delay.
58(4)A person elected to an office on a council in a by-election shall take the oath or make the affirmation under subsection (1) after the expiration of the period referred to in subsection 41.1(1) of the Municipal Elections Act and, if applicable, the expiration of the period referred to in 42(1) of that Act.
58(5)A person elected to an office on a council in a first election under section 36 shall accept the office by taking the oath of office or making the affirmation of office under subsection (1) on the day set in the regulation made under section 31 in respect of that first election.
58(6)Despite subsections (2), (3), (4) and (5), a person elected to office on a council in a general election, a by-election or a first election may take the oath or make the affirmation under subsection (1) at any time following the person’s election if, for reasons of illness or unavoidable absence from the local government, the person is unable to take the oath or make the affirmation within the time prescribed.
58(7)Despite subsections (2), (3), (4), (5) and (6), if an application has been filed under section 41.1 or 42 of the Municipal Elections Act requesting that a recount of votes be made with respect to an election to office on a council in a general election, a by-election or a first election, a person elected to the office shall not take the oath or make the affirmation under subsection (1) until the person has been declared elected by the municipal returning officer or the judge conducting the recount.
58(8)Despite subsections (2), (5) and (6), unless a person’s election was by acclamation, a person elected to office on a council in a general election, a by-election or a first election shall not take the oath or make the affirmation under subsection (1) before the expiration of the period referred to in subsection 41.1(1) of the Municipal Elections Act and, if applicable, the expiration of the period referred to in 42(1) of that Act.
58(9)No person shall take a seat on a council before he or she has accepted office as provided in this section.
58(10)The following persons may administer an oath of office or an affirmation of office:
(a) the clerk;
(b) a notary public or a commissioner for taking affidavits; 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.
58(11)Once administered, an oath or affirmation shall be filed with the clerk and the clerk shall record in the minutes of council the taking of every oath and the making of every affirmation under this section.
58(12)Except when excused by council, a person who fails to comply with this section commits an offence punishable under Part 2 of the Provincial Offences Procedure Act as a category B offence.
58(13)A member of council may resign his or her office by filing with the clerk a resignation in writing.
Accepting office on a council
58(1)A person elected to an office on a council shall, in accordance with this section, accept the office by
(a) taking and subscribing the oath of office prescribed by regulation, or
(b) making and subscribing the affirmation of office prescribed by regulation.
58(2)A person elected to an office on a council in a general election shall take the oath or make the affirmation under subsection (1) on or before the first meeting of council.
58(3)A person elected to an office on a council by acclamation in a by-election shall take the oath or make the affirmation under subsection (1) without delay.
58(4)A person elected to an office on a council in a by-election shall take the oath or make the affirmation under subsection (1) after the expiration of the period referred to in subsection 41.1(1) of the Municipal Elections Act and, if applicable, the expiration of the period referred to in 42(1) of that Act.
58(5)A person elected to an office on a council in a first election under section 36 shall accept the office by taking the oath of office or making the affirmation of office under subsection (1) on the day set in the regulation made under section 31 in respect of that first election.
58(6)Despite subsections (2), (3), (4) and (5), a person elected to office on a council in a general election, a by-election or a first election may take the oath or make the affirmation under subsection (1) at any time following the person’s election if, for reasons of illness or unavoidable absence from the local government, the person is unable to take the oath or make the affirmation within the time prescribed.
58(7)Despite subsections (2), (3), (4), (5) and (6), if an application has been filed under section 41.1 or 42 of the Municipal Elections Act requesting that a recount of votes be made with respect to an election to office on a council in a general election, a by-election or a first election, a person elected to the office shall not take the oath or make the affirmation under subsection (1) until the person has been declared elected by the municipal returning officer or the judge conducting the recount.
58(8)Despite subsections (2), (5) and (6), unless a person’s election was by acclamation, a person elected to office on a council in a general election, a by-election or a first election shall not take the oath or make the affirmation under subsection (1) before the expiration of the period referred to in subsection 41.1(1) of the Municipal Elections Act and, if applicable, the expiration of the period referred to in 42(1) of that Act.
58(9)No person shall take a seat on a council before he or she has accepted office as provided in this section.
58(10)The following persons may administer an oath of office or an affirmation of office:
(a) the clerk;
(b) a notary public or a commissioner for taking affidavits; 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.
58(11)Once administered, an oath or affirmation shall be filed with the clerk and the clerk shall record in the minutes of council the taking of every oath and the making of every affirmation under this section.
58(12)Except when excused by council, a person who fails to comply with this section commits an offence punishable under Part 2 of the Provincial Offences Procedure Act as a category B offence.
58(13)A member of council may resign his or her office by filing with the clerk a resignation in writing.