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2021, c.44 - An Act Respecting Local Governance Reform

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2021, c.44

An Act Respecting Local Governance Reform

Assented to December 17, 2021

Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:

LOCAL GOVERNANCE REFORM MEASURES

Community Planning Act

1(1)Subsection 1(1) of the Community Planning Act, chapter 19 of the Acts of New Brunswick, 2017, is amended

(a) by repealing the following definitions:

“local service district”;

“regional development”;

“regional plan”;

“statement of provincial interest”;

(b) by repealing the definition “development officer” and substituting the following:

“development officer” means(agent d’aménagement)

(a) with respect to a local government that is providing its own land use planning service,

(i) the planning director appointed under paragraph 10(1)(b), or

(ii) the Director, if the Director is appointed as the development officer under paragraph 10(3)(a), or if paragraph 10(3)(b) applies, and

(b) with respect to a local government or a rural district that is not providing its own land use planning service, the planning director as defined in the Regional Service Delivery Act.

“planner” means a member in good standing with the New Brunswick Association of Planners who is authorised to use the designation “Registered Professional Planner” or “RPP”.(urbaniste)

(d) in paragraph (b) of the definition “development” by striking out “regional plan” and substituting “regional land use plan”;

(e) in the definition “non-conforming use” by repealing the portion preceding paragraph (a) and substituting the following:

“non-conforming use” means a use of any land, building or structure, including a building or structure that is lawfully under construction or for which a development approval under this Act is in effect or for which a building permit under the Building Code Administration Act is in effect, that is not permitted by

(f) by adding the following definitions in alphabetical order:

“regional land use plan” means a regional land use plan under section 18.(plan régional en matière d’utilisation des terres)

“rural district” means a rural district as defined in subsection 1(1) of the Local Governance Act.(district rural)

“statement of public interest” means a statement of public interest under section 13.(déclaration d’intérêt public)

1(2)Paragraph 2(c) of the Act is amended by striking out “local service districts” and substituting “rural districts”.

1(3)Section 6 of the English version of the Act is amended

(a) in paragraph (6)(a) by striking out “him or her” and substituting “the person”;

(b) in subsection (7) by striking out “he or she” and substituting “the person”;

6(8)If a council fails to appoint a successor for a member of the advisory committee whose term of office would but for this subsection have expired, the member continues to hold office until the member’s successor is appointed, and when appointed, the successor holds office until the day the successor’s term would have expired if the successor had been appointed at the appropriate time.

1(4)Section 9 of the Act is amended

(a) in subsection (1) by striking out “an employee of the Department” and substituting “a planner who is an employee of the Department”;

(b) by repealing paragraph (2)(a);

(i) in paragraph (a) by striking out “him or her” and substituting “the Director”;

(ii) in paragraph (c) by striking out “him or her” and substituting “the Director”.

1(5)Section 10 of the Act is amended

(a) in subsection (1)

(i) by repealing paragraph (a) and substituting the following:

(a) may employ or engage those persons that it considers necessary for the purpose of performing services in relation to community planning, and

(ii) by repealing paragraph (b) and substituting the following:

(b) shall appoint as the planning director, a planner who is an employee or who is engaged as a consultant.

(iii) by repealing paragraph (c);

(b) by repealing subsection (2) and substituting the following:

10(2)The planning director appointed under paragraph (1)(b) is also the development officer for the local government.

1(6)The heading “Statement of Provincial Interest” preceding section 13 of the Act is repealed and the following is substituted:

Statement of Public Interest

1(7)The heading “Establishing statement of provincial interest” preceding section 13 of the Act is amended by striking out “provincial” and substituting “public”.

1(8)Section 13 of the Act is amended

(a) in subsection (1) by striking out “provincial” wherever it appears and substituting “public”;

(b) in paragraph (2)(a) by striking out “provincial interests and priorities” and substituting “the public interest and public priorities”;

1(9)The heading “Activities of the Province to be consistent with statement of provincial interest” preceding section 14 of the Act is amended by striking out “provincial” and substituting “public”.

1(10)Section 14 of the Act is amended by striking out “provincial” and substituting “public”.

1(11)The heading “Regional plan, municipal plan, rural plan, by-law or regulation under this Act or a building by-law under the Building Code Administration Act to be consistent with statement of provincial interest” preceding section 15 of the Act is repealed and the following is substituted:

Plans, by-laws and regulations to be consistent with statement of public interest

1(12)Section 15 of the Act is repealed and the following is substituted:

15(1)A regional land use plan, municipal plan, rural plan, by-law or regulation under this Act or a building by-law under the Building Code Administration Act, or an amendment or addition to any of them, that is made or adopted after the date a statement of public interest comes into effect shall be consistent with the statement of public interest.

15(2)A regional land use plan, municipal plan, rural plan, by-law or regulation under this Act or a building by-law under the Building Code Administration Act, or an amendment or addition to any of them, that is made or adopted after a statement of public interest comes into effect, that is inconsistent with the statement of public interest, shall be considered inconsistent with this Act and regulations under this Act and is of no effect to the extent of the inconsistency, unless the council can demonstrate to the Minister a practical reason for being inconsistent.

1(13)Section 16 of the Act is amended

(a) by repealing subsection (1) and substituting the following:

16(1)For the purpose of achieving consistency with a statement of public interest, the Minister, after consulting with the council or regional service commission, as the case may be, may direct the council or regional service commission to prepare and make an amendment to a regional land use plan, municipal plan, rural plan or by-law.

(b) by repealing subsection (3) and substituting the following:

16(3)The Minister shall revoke the direction if the council makes an amendment to the municipal plan, rural plan or by-law, as the case may be, in a manner that complies with and, in the opinion of the Minister, is consistent with the statement of public interest.

1(14)Subsection 17(1) of the Act is amended by striking out “provincial interest is commenced within 10 years after its commencement” and substituting “public interest is commenced within ten years after it comes into effect”.

1(15)The heading “Regional plans” preceding section 18 of the Act is repealed and the following is substituted:

Regional land use plans

1(16)Section 18 of the Act is repealed and the following is substituted:

18(1)The Minister may adopt regional land use plans for one or more regions or parts of regions.

18(2)A regional land use plan may be prepared by the Minister, a local government, a regional service commission or a combination of any of them.

1(17)The Act is amended by adding after section 18 the following:

Preparation and content of regional land use plan

18.1(1)A regional land use plan shall be prepared or amended

(a) under the direction of

(i) the planning director as defined in the Regional Service Delivery Act;

(ii) the planning director of a local government; or

(iii) another planner engaged by the Minister, local government or regional service commission, as the case may be, and responsible to the planning director referred to in subparagraph (i) or (ii); and

(b) in consultation with any other local government or regional service commission affected by the plan.

18.1(2)The planning director or other planner referred to in subparagraph (1)(a)(i), (ii) or (iii), as the case may be, shall certify that the content of the regional land use plan complies with the provisions of this Act and the regulations under this Act.

1(18)The heading “Province to consider regional plan” preceding section 19 of the Act is amended by striking out “regional plan” and substituting “regional land use plan”.

1(19)Section 19 of the Act is repealed and the following is substituted:

19Before carrying out or authorizing a development in a region, the Minister of the Crown, Crown corporation or Crown agency responsible for the development shall consider any regional land use plan in effect in the region.

1(20)The heading “Regional development” preceding section 20 of the Act is repealed and the following is substituted:

Effect of regional land use plan

1(21)Section 20 of the Act is repealed and the following is substituted:

20A regional land use plan prevails in the case of an inconsistency between it and a municipal plan or rural plan or a by-law or regulation under this Act, except for a regulation respecting land use and development policies under paragraph 125(1)(j) or a regulation establishing a statement of public interest.

1(22)Subsection 21(1) of the Act is amended by striking out “Within five years of the coming into force of this section, a council” and substituting “Within five years after the incorporation of a municipality, its council”.

1(23)The heading “Obligation de la province de tenir compte du plan municipal” preceding section 22 of the French version of the Act is repealed and the following is substituted:

Obligation de la province de se pencher sur le plan municipal

1(24)Section 22 of the Act is repealed and the following is substituted:

22(1)Before carrying out or authorizing a development in a municipality, the Minister of the Crown, Crown corporation or Crown agency responsible for the development shall consider the municipal plan adopted for the municipality.

22(2)If it is not in conformity with the municipal plan, the responsible Minister, corporation or agency is required to obtain the approval of the Lieutenant-Governor in Council before carrying out or authorizing the construction of

(a) a school or post-secondary educational institution,

(b) a hospital,

(d) an office building or service centre, or

(e) a courthouse.

22(3)For greater certainty, the responsible Minister, corporation or agency is not required to seek an approval under subsection (2) before carrying out or authorizing the relocation, removal, demolition, alteration or repair of a building referred to in paragraph (2)(a), (b), (c), (d) or (e).

1(25)Section 23 of the Act is repealed and the following is substituted:

23(1)If a council fails to make a by-law adopting a municipal plan or adopting an amendment to it when required to do so, the Minister may do so and may exercise any of the powers of the council under this Act on giving at least 30 days’ written notice to the municipality of the Minister’s intention to do so.

23(2)The costs of adopting a municipal plan under subsection (1) are chargeable to the municipality and become a debt due to the Crown.

23(3)If a municipality is in arrears for a period in excess of 90 days with respect to any payment due under subsection (2), the Minister may deduct the amount in arrears from any money owed by the Province to the municipality.

1(26)Section 24 of the Act is amended

(a) by repealing subsection (2) and substituting the following:

24(2)A municipal plan shall be prepared or amended

(a) under the direction of

(i) the planning director or another planner engaged by the council and responsible to the planning director, or

(ii) in the case of a municipality not providing its own land use planning service, the planning director as defined in the Regional Service Delivery Act, or another planner engaged by the regional service commission and responsible to the planning director, if the regional service commission prepares the plan,

(b) on the basis of a written report of studies of the economy, finances, resources, population, land use, transportation facilities, municipal facilities and services, and any other matter related to the present or future economic, social or physical conditions of the municipality, and

(b) by adding after subsection (2) the following:

24(2.1)The planning director or other planner referred to in subparagraph (2)(a)(i) or (ii), as the case may be, shall certify that the content of the municipal plan complies with the provisions of this Act and the regulations under this Act.

(d) in paragraph (5)(a)

(i) by adding after subparagraph (ii) the following:

(ii.1) climate change adaptation and mitigation,

(ii) by adding after subparagraph (vi) the following:

(vi.1) housing, including affordable housing and rental housing,

(vi.2) inclusionary zoning, subject to and in accordance with the regulations,

1(27)The heading “Comply with notice provisions” preceding section 26 of the Act is repealed and the following is substituted:

Validity and coming into force of municipal plan

1(28)Subsection 26(1) of the Act is repealed and the following is substituted:

26(1)Subject to subsection 24(7), no municipal plan is valid unless

(a) its content is certified as complying with the provisions of this Act and the regulations under this Act in accordance with subsection 24(2.1),

(b) section 111 is complied with, and

1(29)Section 27 of the Act is repealed and the following is substituted: .

27The adoption of a municipal plan does not commit the municipality or the Province to undertake a proposal outlined or suggested in the plan, but shall prevent the municipality from undertaking a development in a manner that is inconsistent with a proposal or policy outlined or suggested in the plan.

1(30)Section 29 of the Act is amended by adding after subsection (2) the following:

29(3)Subsections 21(2) and 24(2) and (2.1) apply, with the necessary modifications, to the preparation and adoption of a secondary municipal plan.

1(31)Subsection 32(1) of the Act is amended by striking out “within 10 years after the coming into force of this section” and substituting “at least once every ten years after the date the municipal plan is adopted”.

1(32)The Act is amended by adding after section 32 the following:

Non-application of Division to villages

32.1This Division does not apply to villages.

1(33)Subsection 33(1) of the Act is amended by striking out “Within five years of the coming into force of this section, a council of a village” and substituting “Within five years after the incorporation of a village, its council”.

1(34)The Act is amended by adding after section 33 the following:

Province to consider rural plan

33.1(1)Before carrying out or authorizing a development in a village, the Minister of the Crown, Crown corporation or Crown agency responsible for the development shall consider the rural plan adopted for the village.

33.1(2)If it is not in conformity with the rural plan, the responsible Minister, corporation or agency is required to obtain the approval of the Lieutenant-Governor in Council before carrying out or authorizing the construction of

(a) a school or post-secondary educational institution,

(b) a hospital,

(d) an office building or service centre, or

(e) a courthouse.

33.1(3)For greater certainty, the responsible Minister, corporation or agency is not required to seek an approval under subsection (2) before carrying out or authorizing the relocation, removal, demolition, alteration or repair of a building referred to in paragraph (2)(a), (b), (c), (d) or (e).

1(35)The heading “Failure to make rural plan for a village” preceding section 34 of the English version of the Act is amended by striking out “make” and substituting “adopt”.

1(36)Section 34 of the Act is repealed and the following is substituted:

34(1)If a council of a village fails to make a by-law adopting a rural plan or adopting an amendment to it when required to do so, the Minister may do so and may exercise any of the powers of the council under this Act on giving at least 30 days’ written notice to the village of the Minister’s intention to do so.

34(2)The costs of adopting a rural plan under subsection (1) are chargeable to the village and become a debt due to the Crown.

34(3)If a village is in arrears for a period in excess of 90 days with respect to any payment due under subsection (2), the Minister may deduct the amount in arrears from any money owed by the Province to the village.

1(37)Section 35 of the Act is amended

(a) by adding after subsection (1) the following:

35(1.1)A rural plan for a village shall be prepared or amended

(a) under the direction of

(i) the planning director or another planner engaged by the council of the village and responsible to the planning director, or

(ii) in the case of a village not providing its own land use planning service, the planning director as defined in the Regional Service Delivery Act, or another planner engaged by the regional service commission and responsible to the planning director, if the regional service commission prepares the plan,

(b) on the basis of a written report of studies of the economy, finances, resources, population, land use, transportation facilities, public facilities and services, and any other matter related to the present or future economic, social or physical conditions of the village, and

35(1.2)The planning director or other planner referred to in subparagraph (1.1)(a)(i) or (ii), as the case may be, shall certify that the content of the rural plan for a village complies with the provisions of this Act and the regulations under this Act.

(b) in paragraph (2)(a)

(i) by adding after subparagraph (i) the following:

(i.1) housing, including affordable housing and rental housing,

(i.2) inclusionary zoning, subject to and in accordance with the regulations,

(ii) by adding after subparagraph (iv) the following:

(iv.1) climate change adaptation and mitigation,

1(38)Section 36 of the Act is amended by adding after subsection (2) the following:

36(3)Subsections 33(2) and 35(1.1) and (1.2) apply, with the necessary modifications, to the preparation and adoption of a secondary rural plan.

1(39)The heading “Comply with notice provisions” preceding section 40 of the Act is repealed and the following is substituted:

Validity and coming into force of rural plan for a village

1(40)Subsection 40(1) of the Act is repealed and the following is substituted:

40(1)Subject to section 39, no rural plan for a village is valid unless

(a) its content is certified as complying with the provisions of this Act and the regulations under this Act in accordance with subsection 35(1.2),

(b) section 111 is complied with, and

1(41)Section 41 of the Act is repealed and the following is substituted:

41The adoption of a rural plan does not commit the village or the Province to undertake a proposal outlined or suggested in the rural plan, but shall prevent the village from undertaking a development in a manner that is inconsistent with a proposal or policy outlined or suggested in the plan.

1(42)Subsection 43(1) of the Act is amended by striking out “within 10 years after the coming into force of this section” and substituting “at least once every ten years after the date the rural plan is adopted”.

1(43)Section 44 of the Act is amended

(a) in subsection (1) by striking out “Within five years of the coming into force of this section, a rural community council” and substituting “Within five years after the incorporation of a rural community, its council”;

(b) by adding after subsection (2) the following:

44(2.1)A council of a rural community shall prepare a rural plan for the rural community for approval by the Minister.

44(2.2)A rural plan for a rural community shall be prepared or amended

(a) under the direction of

(i) the planning director or another planner engaged by the council of the rural community and responsible to the planning director, or

(ii) in the case of a rural community not providing its own land use planning service, the planning director as defined in the Regional Service Delivery Act, or another planner engaged by the regional service commission and responsible to the planning director, if the regional service commission prepares the plan,

44(2.3)The planning director or other planner referred to in subparagraph (2.2)(a)(i) or (ii), as the case may be, shall certify that the content of the rural plan for a rural community complies with the provisions of this Act and the regulations under this Act.

44(3.1)In addition to the requirements under subsection (3), a rural plan adopted under subsection (1) shall contain a statement of policy with respect to inclusionary zoning, subject to and in accordance with the regulations.

(d) by repealing subsection (5);

(e) in subparagraph (6)(b)(ii) by striking out “Minister” and substituting “rural community council”.

1(44)The Act is amended by adding after section 44 the following:

Failure to adopt rural plan for a rural community

44.1(1)If a council of a rural community fails to make a by-law adopting a rural plan or adopting an amendment to it when required to do so, the Minister may do so and may exercise any of the powers of the council under this Act on giving at least 30 days’ written notice to the rural community of the Minister’s intention to do so.

44.1(2)The costs of adopting a rural plan under subsection (1) are chargeable to the rural community and become a debt due to the Crown.

44.1(3)If a rural community is in arrears for a period in excess of 90 days with respect to any payment due under subsection (2), the Minister may deduct the amount in arrears from any money owed by the Province to the rural community.

Province to consider rural plan

44.2(1)Before carrying out or authorizing a development in a rural community, the Minister of the Crown, Crown corporation or Crown agency responsible for the development shall consider the rural plan adopted for the rural community.

44.2(2)If it is not in conformity with the rural plan, the responsible Minister, corporation or agency is required to obtain the approval of the Lieutenant-Governor in Council before carrying out or authorizing the construction of

(a) a school or post-secondary educational institution,

(b) a hospital,

(d) an office building or service centre, or

(e) a courthouse.

44.2(3)For greater certainty, the responsible Minister, corporation or agency is not required to seek an approval under subsection (2) before carrying out or authorizing the relocation, removal, demolition, alteration or repair of a building referred to in paragraph (2)(a), (b), (c), (d) or (e).

1(45)The heading “Comply with notice provisions” preceding section 45 of the Act is repealed and the following is substituted:

Validity and coming into force of rural plan for a rural community

1(46)Subsection 45(1) of the Act is repealed and the following is substituted:

45(1)No rural plan for a rural community is valid unless

(a) its content is certified as complying with the provisions of this Act and the regulations under this Act in accordance with subsection 44(2.3),

(b) section 111 is complied with, and

1(47)Section 46 of the Act is amended

(a) in subsection (1) of the English version by striking out “by-by-law” and substituting “by by-law”;

(b) by adding after subsection (2) the following:

46(3)Subsections 44(2), (2.2) and (2.3) apply, with the necessary modifications, to the preparation and adoption of a secondary rural plan.

1(48)Section 49 of the Act is repealed and the following is substituted:

49The adoption of a rural plan does not commit the rural community or the Province to undertake a proposal outlined or suggested in the rural plan, but shall prevent the rural community from undertaking a development in a manner that is inconsistent with a proposal or policy outlined or suggested in the plan.

1(49)Subsection 50(1) of the Act is amended by striking out “within 10 years after the coming into force of this section” and substituting “at least once every ten years after the date the rural plan is adopted”.

1(50)The heading “Rural Plans for Local Service Districts” preceding section 51 of the Act is amended by striking out “Local Service Districts” and substituting “Rural Districts”.

1(51)The heading “Ministerial regulations respecting rural plans for local service districts” preceding section 51 of the Act is amended by striking out “local service districts” and substituting “rural districts”.

1(52)Section 51 of the Act is repealed and the following is substituted:

51(1)Within five years after the date a rural district is established, the Minister shall make a regulation respecting a rural plan for that rural district, prepared in the manner set out in this Act and the regulations, if no rural plan is already in force.

51(2)A rural plan for a rural district shall be prepared or amended

(a) under the direction of the planning director as defined in the Regional Service Delivery Act, or another planner engaged by the regional service commission and responsible to the planning director,

51(3)The planning director or other planner referred to in paragraph (2)(a) shall certify that the content of the rural plan for a rural district complies with the provisions of this Act and the regulations under this Act.

1(53)The Act is amended by adding after section 51 the following:

Province to consider rural plan

51.1(1)Before carrying out or authorizing a development in a rural district, the Minister of the Crown, Crown corporation or Crown agency responsible for the development shall consider the rural plan adopted for the rural district.

51.1(2)If it is not in conformity with the rural plan, the responsible Minister, corporation or agency is required to obtain the approval of the Lieutenant-Governor in Council before carrying out or authorizing the construction of

(a) a school or post-secondary educational institution,

(b) a hospital,

(d) an office building or service centre, or

(e) a courthouse.

51.1(3)For greater certainty, the responsible Minister, corporation or agency is not required to seek an approval under subsection (2) before carrying out or authorizing the relocation, removal, demolition, alteration or repair of a building referred to in paragraph (2)(a), (b), (c), (d) or (e).

1(54)Section 52 of the Act is amended

(a) in paragraph (2)(a)

(i) by adding after subparagraph (i) the following:

(i.1) housing, including affordable housing and rental housing,

(ii) by adding after subparagraph (iv) the following:

(iv.1) climate change adaptation and mitigation,

(b) in subsection (3) by striking out “53(2)” and substituting “53(1.1)”.

1(55)The Act is amended by adding after section 52 the following:

Review

52.1(1)The Minister shall ensure that a review of a rural plan for a rural district is commenced at least once every ten years after the date the relevant regulation is made for the purpose of examining and reporting on the plan’s effectiveness and to make recommendations on any potential amendments to it or for its repeal.

52.1(2)The Minister shall ensure that a review under subsection (1) is concluded no later than 36 months after it commences.

1(56)Section 53 of the Act is amended

(a) by adding after subsection (1) the following:

53(1.1)A zoning by-law shall be prepared or amended under the direction of

(a) the planning director or another planner engaged by the council and responsible to the planning director, or

(b) in the case of a municipality not providing its own land use planning service, the planning director as defined in the Regional Service Delivery Act, or another planner engaged by the regional service commission and responsible to the planning director, if the regional service commission prepares the plan.

53(1.2)The planning director or other planner referred to paragraph (1.1)(a) or (b), as the case may be, shall certify that the content of the zoning by-law complies with the provisions of this Act and the regulations under this Act.

53(1.3)A zoning by-law shall be prepared in consultation with the Minister and any government department or person specified by the Director.

(b) in subsection (2)

(i) in paragraph (a)

(A) by repealing subparagraph (i) and substituting the following:

(i) the size and dimensions of lots and other parcels into which land may be subdivided, and the size and dimensions of land required for a particular class of use or size of building or structure,

(B) in subparagraph (ii) by striking out “maximum”;

(ii) by adding after paragraph (g) the following:

(g.1) provide for inclusionary zoning, subject to and in accordance with the regulations, including authorizing the council to enter into agreements;

(iii) in clause (i)(ii)(B) of the English version by striking out “bylaw” and substituting “by-law”;

(iv) in subparagraph (j)(ii) of the English version by striking out “his or her” and substituting “their”;

(d) in subsection (8) of the English version by striking out “he or she” and substituting “the development officer”;

(e) in subsection (9) of the English version

(i) in paragraph (a) by striking out “his or her” and substituting “their”;

(ii) in paragraph (b) by striking out “his or her” and substituting “their”.

1(57)The heading “Comply with notice provisions” preceding section 54 of the Act is repealed and the following is substituted:

Validity and coming into force of zoning by-law

1(58)Subsection 54(1) of the Act is repealed and the following is substituted:

54(1)No zoning by-law is valid unless

(a) its content is certified as complying with the provisions of this Act and the regulations under this Act in accordance with subsection 53(1.2),

(b) section 111 is complied with, and

1(59)Section 55 of the Act is amended

(a) in paragraph (1)(b) by striking out “paragraph 53(2)(a)” and substituting “paragraph 53(2)(a) or (f)”;

(b) by repealing subsection (2) and substituting the following:

55(2)Subject to the terms and conditions that the development officer considers fit, a development officer may permit a reasonable variance from the requirements referred to in subparagraph 53(2)(a)(i), (iii), (iv), (v), (vi), (vii), (viii), (ix) or (xiii) or paragraph 53(2)(f), if the development officer is of the opinion that the variance is desirable for the development of a parcel of land or a building or structure and is in keeping with the general intent of the by-law and any plan under this Act affecting the development.

1(60)The heading “Integrated development scheme” preceding section 58 of the Act is amended by striking out “scheme” and substituting “zone”.

1(61)The Act is amended by adding after section 61 the following:

Province to consider zoning by-law

61.1(1)Before carrying out or authorizing a development in a municipality, the Minister of the Crown, Crown corporation or Crown agency responsible for the development shall consider any zoning by-law made for the municipality.

61.1(2)If the development does not comply with the zoning by-law, the responsible Minister, corporation or agency may make a request or application, as the case may be, under paragraph 53(2)(i) or section 55, 59 or 60.

61.1(3)If a request or application referred to in subsection (2) is not made or, if after acting under subsection (2), the development still does not comply with the zoning by-law, the responsible Minister, corporation or agency is required to obtain the approval of the Lieutenant-Governor in Council before carrying out or authorizing the construction of

(a) a school or post-secondary educational institution,

(b) a hospital,

(d) an office building or service centre, or

(e) a courthouse.

61.1(4)For greater certainty, the responsible Minister, corporation or agency is not required to seek an approval under subsection (3) before carrying out or authorizing the relocation, removal, demolition, alteration or repair of a building referred to in paragraph (3)(a), (b), (c), (d) or (e).

1(62)Subsection 63(3) of the Act is repealed and the following is substituted:

63(3)A deferred widening by-law shall be consistent with the local government’s municipal plan, rural plan under section 33 or 44 or development scheme, as the case may be, as well as any regional land use plan for the area.

1(63)The heading “Comply with notice provisions” preceding section 64 of the Act is repealed and the following is substituted:

Validity and coming into force of deferred widening by-law

1(64)Section 65 of the Act is amended

(a) in subsection (2) by repealing the portion preceding paragraph (a) and substituting the following:

65(2)Despite a provision of a deferred widening by-law, the council may, in respect of land on which a prohibition under paragraph 63(1)(d) is in effect, enter into an agreement with the owner of the land to permit

(b) by repealing subsection (3) and substituting the following:

65(3)An agreement entered into under subsection (2)

(a) shall not become effective until certified copies of the agreement are filed in the land registration office, and

(b) when registered in the land registration office, is binding on a subsequent owner of the land in respect of which the agreement is made until discharged by the municipality.

1(65)Subsection 68(4) of the Act is repealed and the following is substituted:

68(4)A controlled access street by-law under this section shall be consistent with the local government’s municipal plan, rural plan under section 33 or 44 or development scheme, as the case may be, as well as any regional land use plan for the area.

1(66)The heading “Comply with notice provisions” preceding section 69 of the Act is repealed and the following is substituted:

Validity and coming into force of controlled access street by-law

1(67)Subsection 71(1) of the French version of the Act is repealed and the following is substituted:

71(1)Lorsqu’un gouvernement local en présente la demande, le ministre peut désigner tout secteur se trouvant sur son territoire comme constituant un secteur inondable.

1(68)Section 72 of the English version of the Act is amended

(a) in subsection (1) in the portion preceding paragraph (a) by striking out “bylaw” and substituting “by-law”;

(b) in paragraph (4)(a) by striking out “he or she” and substituting “the developer”.

1(69)Section 74 of the Act is amended

(a) by repealing subsection (2) and substituting the following:

74(2)A by-law under subsection (1) shall be consistent with a local government’s municipal plan or rural plan under section 33 or 44, as the case may be, as well as any regional land use plan for the area.

(b) by adding after subsection (2) the following:

74(2.1)A subdivision by-law shall be prepared or amended

(a) under the direction of

(i) the planning director or another planner engaged by the council and responsible to the planning director, or

(ii) in the case of a local government not providing its own land use planning service, the planning director as defined in the Regional Service Delivery Act, or another planner engaged by the regional service commission and responsible to the planning director, if the regional service commission prepares the plan, and

(b) in consultation with the Minister and any government department or person specified by the Director.

74(2.2)The planning director or other planner referred to in subparagraph (2.1)(a)(i) or (ii), as the case may be, shall certify that the content of the subdivision by-law complies with the provisions of this Act and the regulations under this Act.

74(3)No subdivision by-law is valid unless

(a) its content is certified as complying with the provisions of this Act and the regulations under this Act in accordance with subsection (2.2), and

(b) paragraph 112(1)(b) is complied with.

(d) by adding after subsection (3) the following:

74(4)A subdivision by-law comes into force when filed in the land registration office in accordance with paragraph 112(1)(b) or on the date after its filing that the by-law provides.

1(70)Section 75 of the Act is amended

(a) in subsection (1)

(i) in subparagraph (j)(ii)

(A) by repealing the portion preceding clause (A) and substituting the following:

(ii) the person proposing the subdivision has made satisfactory arrangements to enter into an agreement with the council to comply with the requirements of paragraph (i) and

(B) in clause (A) of the English version by striking out “him or her” and substituting “the person”;

(ii) in paragraph (k) of the English version in the portion preceding subparagraph (i) by striking out “his or her” and substituting “the development officer’s”;

(b) by adding after subsection (3) the following:

75(4)The council may enter into an agreement referred to in subparagraph (1)(j)(ii) with a person proposing to subdivide land and the agreement

(a) shall not become effective until certified copies of the agreement are filed in the land registration office, and

(b) when registered in the land registration office, is binding on a subsequent owner of the land in respect of which the agreement is made until discharged by the local government.

1(71)Section 77 of the Act is amended

(a) in subsection (1)

(i) in paragraph (b) of the English version by striking out “as he or she” and substituting “that the development officer”;

(ii) in paragraph (g) of the English version by striking out “his or her” and substituting “the development officer’s”;

(iii) in subparagraph (j)(i) of the English version by striking out “he or she” and substituting “the development officer”;

(iv) in subparagraph (k)(i) of the English version by striking out “bylaw” and substituting “by-law”;

(v) in paragraph (l) of the English version in the portion preceding subparagraph (i) by striking out “him or her” wherever it appears and substituting “the development officer”;

(vi) by repealing paragraph (m) and substituting the following:

(m) may, if the development officer is a planning director as defined in the Regional Service Delivery Act or a planning director appointed under this Act, delegate the powers vested in the development officer by this Act pertaining to the administration of a subdivision by-law.

(b) in subsection (3) of the English version by striking out “him or her” and substituting “the development officer”.

1(72)Paragraph 78(2)(a) of the English version of the Act is amended by striking out “he or she” and substituting “the development officer”.

1(73)Subparagraph 79(5)(b)(iii) of the English version of the Act is amended by striking out “bylaw” and substituting “by-law”.

1(74)Section 80 of the Act is amended

(a) in paragraph (1)a) of the French version by striking out “calculé” and substituting “calculée”;

(b) in subsection (2) of the English version in the portion preceding paragraph (a) by striking out “his or her” and substituting “the development officer’s”.

1(75)Paragraph 84(3)(o) of the English version of the Act is amended by striking out “bylaw” and substituting “by-law”.

1(76)Section 86 of the English version of the Act is amended

(a) in subparagraph (4)(b)(ii) by striking out “him or her” and substituting “the Director of Assessment”;

(b) in subsection (5) by striking out “his or her” and substituting “the development officer’s”.

1(77)Section 87 of the Act is amended

(a) in subsection (2) of the English version

(i) in subparagraph (b)(ii) by striking out “his or her” and substituting “the Minister’s”;

(ii) in paragraph (d) by striking out “him or her” and substituting “that Minister”;

(b) by adding after subsection (2) the following:

87(2.1)The Minister of Local Government and Local Governance Reform or a person designated by that Minister may enter into an agreement referred to in paragraph (2)(b) with a person proposing to subdivide land and the agreement

(a) shall not become effective until certified copies of the agreement are filed in the land registration office, and

(b) when registered in the land registration office, is binding on a subsequent owner of the land in respect of which the agreement is made until discharged by the Minister.

(d) in paragraph (8)(a) of the English version by striking out “he or she” and substituting “the Minister”.

1(78)The heading “Approval of subdivision plan for streets” preceding section 88 of the Act is repealed and the following is substituted:

Approval of subdivision plan for streets and land for public purposes

1(79)Section 91 of the Act is amended

(a) by adding after subsection (1) the following:

91(1.1)A development charge by-law shall be prepared or amended

(a) under the direction of

(i) the planning director or another planner engaged by the council and responsible to the planning director, or

(b) in consultation with the Minister and any government department or person specified by the Director.

91(1.2)The planning director or other planner referred to in subparagraph (1.1)(a)(i) or (ii), as the case may be, shall certify that the content of the development charge by-law complies with the provisions of this Act and the regulations under this Act.

(b) in subsection (3) of the English version

(i) in paragraph (a) by striking out “bylaw” and substituting “by-law”;

(ii) in paragraph (b) by striking out “bylaw” and substituting “by-law”;

91(4)All money received by the council under this section is to be paid into a special account, and the money in that account is to be expended by the council for the specific purpose described in paragraph (2)(a), (b), (c), (d), (e), (f) or (g) or referred to in a regulation under paragraph (2)(h) for which it is collected and for no other purpose.

1(80)The heading “Comply with notice provisions” preceding section 93 of the Act is repealed and the following is substituted:

Validity and coming into force of development charge by-law

1(81)Subsection 93(1) of the Act is repealed and the following is substituted:

93(1)No development charge by-law is valid unless

(a) its content is certified as complying with the provisions of this Act and the regulations under this Act in accordance with subsection 91(1.2),

(b) section 111 is complied with, and

1(82)Section 94 of the Act is repealed and the following is substituted:

94A development charge agreement entered into under subsection 92(1)

(a) is binding

(i) on the land that is subdivided or developed, and

(ii) on each individual lot in a subdivision or development, to the extent specified in the agreement,

(b) shall not become effective until certified copies of the agreement are filed in the land registration office, and

(c) when registered in the land registration office, is binding on a subsequent owner of the land in respect of which the agreement is made until discharged by the local government.

1(83)Section 96 of the Act is amended

(a) by adding after subsection (1) the following:

96(1.1)An incentive or bonus zoning agreement by-law shall be prepared or amended under the direction of

(a) the planning director or another planner engaged by the council and responsible to the planning director, or

(b) in the case of a local government not providing its own land use planning service, the planning director as defined in the Regional Service Delivery Act, or another planner engaged by the regional service commission and responsible to the planning director, if the regional service commission prepares the plan.

96(1.2)The planning director or other planner referred to in subparagraph (1.1)(a) or (b), as the case may be, shall certify that the content of the incentive or bonus zoning agreement by-law complies with the provisions of this Act and the regulations under this Act.

(b) by adding after subsection (3) the following:

96(3.1)The council may enter into an agreement referred to in subsection (1) and the agreement

(a) shall not become effective until certified copies of the agreement are filed in the land registration office, and

(b) when registered in the land registration office, is binding on a subsequent owner of the land in respect of which the agreement is made until discharged by the local government.

1(84)The heading “Comply with notice provisions” preceding section 97 of the Act is repealed and the following is substituted:

Validity and coming into force of incentive or bonus zoning agreement by-law

1(85)Subsection 97(1) of the Act is repealed and the following is substituted:

97(1)No incentive or bonus zoning agreement by-law is valid unless

(a) its content is certified as complying with the provisions of this Act and the regulations under this Act in accordance with subsection 96(1.2),

(b) section 111 is complied with, and

1(86)Section 99 of the Act is amended

(a) in subsection (2) by striking out “regional plan,”;

(b) in subsection (4) of the English version by striking out “bylaw” and substituting “by-law”.

1(87)Subsection 102(5) of the Act is repealed and the following is substituted:

102(5)A council may enter into an agreement referred to in subparagraph (1)(b)(iv) or paragraph (4)(b), as the case may be, with an owner and the agreement

(a) shall not become effective until certified copies of the agreement are filed in the land registration office, and

(b) when registered in the land registration office, is binding on a subsequent owner of the land in respect of which the agreement is made until discharged by the local government.

1(88)Subsection 106(1) of the Act is amended by striking out “regional plan” and substituting “regional land use plan”.

1(89)Subsection 107(1) of the Act is amended by striking out “regional plan” and substituting “regional land use plan”.

1(90)The heading “Construction freeze” preceding section 108 of the Act is repealed and the following is substituted:

Approval for a development

1(91)Section 108 of the Act is amended

(a) by adding before subsection (1) the following:

108(0.1)Except as otherwise provided in this section, no person shall undertake a development and no building permit shall be issued under the Building Code Administration Act for a development, unless the development officer having jurisdiction grants an approval for the development.

(b) by repealing subsection (1) and substituting the following:

108(1)Before granting an approval for a development, the development officer having jurisdiction shall ensure that the development, in relation to the land on which the development is located,

(a) conforms with any regional land use plan in effect,

(b) conforms with any municipal plan, rural plan or development scheme

(i) in effect,

(ii) in respect of which the adopting by-law has been the subject of a resolution under paragraph 111(1)(a), or

(iii) in respect of which the council has given notice under paragraph 111(1)(b),

(c) subject to paragraph (b), complies with any zoning or deferred widening or controlled access street by-law or regulation

(i) in effect,

(ii) in respect of which the council has passed a resolution under section 114, or

(iii) in respect of which the council has given notice under paragraph 111(1)(b),

(d) complies with any agreement entered into under paragraph 59(1)(b) or subsection 65(2), 75(4), 92(1), 96(3.1), 102(5) or 131(1),

(e) complies with any regulation under paragraph 125(1)(j),

(i) in effect, or

(ii) in respect of which the Minister has given notice in accordance with paragraph 111(1)(b), and

(f) complies with any other requirements prescribed by regulation.

(d) in subsection (5) of the English version in the portion preceding paragraph (a) by striking out “he or she” and substituting “the development officer”;

(e) by repealing subsection (6) and substituting the following:

108(6)A development officer who is a planning director as defined in the Regional Service Delivery Act or who is a planning director appointed under this Act, may delegate the powers vested in the development officer by this section.

1(92)Section 111 of the English version of the Act is amended

(a) in subsection (1)

(i) in the portion preceding paragraph (a) by striking out “bylaw” and substituting “by-law”;

(ii) in subparagraph (b)(ii) by striking out “bylaw” and substituting “by-law”;

(b) in subsection (2) by striking out “bylaw” and substituting “by-law”;

(d) in subsection (8) in the portion preceding paragraph (a) by striking out “vote on the bylaw” and substituting “vote on the by-law”.

1(93)Section 116 of the Act is repealed and the following is substituted:

116A council may submit a proposed by-law to the Director for the Director’s comments.

1(94)Subsection 117(1) of the English version of the Act is amended in the portion preceding paragraph (a) by striking out “bylaw” and substituting “by-law”.

1(95)Subsection 120(1) of the Act is amended

(a) in the portion preceding paragraph (a) of the English version by striking out “he or she” and substituting “the person”;

(b) in paragraph (a)

(i) by repealing the portion preceding subparagraph (i) and substituting the following:

(a) the terms and conditions imposed on or the prohibiting of the person’s development in accordance with paragraph 53(3)(c), the refusal to grant an approval for the person’s development under paragraph 108(1)(a), (b) or (c) or the refusal to grant the person a permit under this Act or the terms and conditions attached to a permit,

(ii) in subparagraph (ii) of the English version by striking out “him or her” and substituting “the person”;

(i) in the portion preceding subparagraph (i) by striking out “regional or other”;

(ii) in subparagraph (ii) of the English version by striking out “regional or other development on his or her” and substituting “development on the person’s”;

(d) in subparagraph (c)(ii) of the English version by striking out “him or her” and substituting “the person”.

1(96)Section 121 of the Act is amended

(a) in paragraph (1)(b) by striking out “approving the regional or other development or ordering the granting of the permit” and substituting “ordering the granting of the approval for the development or the granting of the permit”;

(b) in paragraph (2)(c) by striking out “the approval or the permit as” and substituting “the granting of the approval or the granting of the permit that”;

(d) in subsection (8) by striking out “granting of a permit,” and substituting “granting of a permit, the granting of an approval for a development,”.

1(97)Section 124 of the Act is amended

(a) in subsection (1)

(i) in paragraph (a) by striking out “provincial interests” and substituting “public interest”;

(ii) by repealing paragraph (b) and substituting the following:

(b) respecting regional land use plans;

(iii) by adding after paragraph (b) the following:

(b.1) for the purposes of subparagraphs 24(5)(a)(vi.2) and 35(2)(a)(i.2), subsection 44(3.1) and paragraph 53(2)(g.1), prescribing

(i) requirements to be met to authorize inclusionary zoning in municipal plans, rural plans for villages, rural plans for rural communities and zoning by-laws,

(ii) the form and content of inclusionary zoning provisions, including provisions respecting the entering into of agreements, and

(iii) exemptions from the application of inclusionary zoning provisions;

(iv) in paragraph (c) by striking out “local service districts” and substituting “rural districts”;

(v) by repealing paragraph (h) and substituting the following:

(h) for the purposes of paragraph 108(1)(f), prescribing requirements that a development must comply with before it can be approved;

(b) in subsection (2)

(i) by repealing paragraph (a) and substituting the following:

(a) the process, procedure or criteria for making or amending a regional land use plan, including by ministerial regulation;

(ii) in paragraph (b) by striking out “regional plan” and substituting “regional land use plan”;

(iii) in paragraph (c) by striking out “regional plan” and substituting “regional land use plan”;

(iv) in paragraph (d) by striking out “regional plan” and substituting “regional land use plan”;

(v) in paragraph (g) by striking out “development of regional plans or an amendment of a regional plan” and substituting “development of or amendments to regional land use plans”;

(vi) in paragraph (h) by striking out “regional plan” and substituting “regional land use plan”.

1(98)Section 125 of the Act is amended

(a) in subsection (1)

(i) by adding after paragraph (f) the following:

(f.1) governing the location and dimensions of and residential density for lots;

(f.2) governing wastewater disposal;

(f.3) governing the location and construction of pool fences;

(ii) in paragraph (g) by striking out “locating or” and substituting “dimensions, locating or”;

(iii) by repealing paragraph (h) and substituting the following:

(h) respecting development approvals, including, without limitation,

(i) the process with respect to applications for approvals and with respect to granting, suspending, reinstating and revoking approvals, including forms,

(ii) the terms and conditions on applications for approvals and on suspending, reinstating and revoking approvals,

(iii) the terms and conditions on granting approvals,

(iv) the fees for applications, approvals and for building inspection services,

(v) the provision of information with respect to approvals to the Executive Director of Assessment under the Assessment Act and the use to be made of the information;

(iv) in paragraph (i) by striking out “development permit for the development” and substituting “approval for the development”;

(v) in paragraph (j) by adding “parking, loading zones,” after “commercial and industrial siting,”;

(b) by repealing subsection (6) and substituting the following:

125(6)Despite any other provision in this Act, if there is an inconsistency between a regulation under paragraph (1)(j) and a regional land use plan, rural plan, municipal plan or by-law or regulation under this Act, except a regulation establishing a statement of public interest, the regulation under paragraph (1)(j) prevails.

(c) in paragraph (9)(a) by striking out “paragraphs 53(2)(g) and (h)” and substituting “paragraphs 53(2)(g), (g.1) and (h)”;

(d) in subsection (13) of the English version in the portion preceding paragraph (a) by striking out “him or her” and substituting “the Minister”;

(e) in paragraph (14)(b) by striking out “local service district” and substituting “rural district”.

1(99)Section 126.1 of the Act is amended by striking out “Within 7 years after the commencement of this Act,” and substituting “Within seven years after January 1, 2023,”.

1(100)Section 128 of the English version of the Act is amended by striking out “he or she” and substituting “the development officer”.

1(101)Section 129 of the English version of the Act is amended by striking out “he or she” and substituting “the person”.

1(102)Subsection 130(1) of the English version of the Act is amended by striking out “bylaw made” and substituting “by-law made”.

1(103)Section 132 of the Act is amended

(a) in subsection (3) by striking out “regional plan” and substituting “regional land use plan”;

(b) in subsection (6) of the English version by striking out “him or her” and substituting “the Minister”.

1(104)Section 133 of the English version of the Act is amended

(a) in subsection (1) by striking out “bylaw” and substituting “by-law”;

(b) in subsection (4) by striking out “bylaw” and substituting “by-law”.

1(105)Section 134 of the English version of the Act is amended

(a) in subsection (3) by striking out “his or her” and substituting “their”;

(b) in subsection (6) by striking out “his or her” and substituting “their”.

1(106)Paragraph 137(f) of the English version of the Act is amended by striking out “his or her” and substituting “the person’s”.

1(107)Section 140 of the Act is amended by striking out “local service district” and substituting “rural district”.

1(108)The heading “Terms of office of members elected to planning advisory committees continue” preceding section 149 of the Act is amended by striking out “elected” and substituting “appointed”.

1(109)Section 149 of the Act is amended by striking out “elected under section 3” and substituting “appointed under subsection 5(2)”.

1(110)Schedule A of the Act is amended by striking out “108(1)” and substituting “108(0.1)”.

Regulation under the Community Planning Act

2Section 3 of New Brunswick Regulation 2020-9 under the Community Planning Act is amended

(a) in the portion preceding paragraph (a) by striking out “local service district” and substituting “rural district”;

(b) in paragraph (c) by striking out “local service districts” and substituting “rural districts”;

Regulation under the Community Planning Act, Clean Water Act and Public Health Act

3New Brunswick Regulation 2020-20 under the Community Planning Act, Clean Water Act and Public Health Act is amended

(a) by repealing section 1 and substituting the following:

1This Regulation may be cited as the Prerequisites for Development Approvals and Building Permits Regulation – Community Planning Act.

(b) by adding after section 1 the following:

Definition of “applicant”

1.1In this Regulation, “applicant” means a person who applies for a development approval under subsection 108(0.1) of the Community Planning Act or a building permit under the Building Code Administration Act.

Prerequisites for a development approval and a building permit

(d) in section 2

(i) in subsection (1) by repealing the portion preceding paragraph (a) and substituting the following:

2(1)For the purposes of paragraph 108(1)(f) of the Community Planning Act, before granting an approval for a development under subsection 108(0.1) of that Act, a development officer shall ensure that the development complies with the requirements of

(ii) in subsection (2) in the portion preceding paragraph (a) by striking out “for a building permit under the Building Code Administration Act”;

(e) in section 4 by striking out “for a building permit under the Building Code Administration Act”.

Local Governance Act

4(1)Subsection 1(1) of the Local Governance Act, chapter 18 of the Acts of New Brunswick, 2017, is amended

(a) by repealing the following definitions:

“local service district”;

“local service district tax base”;

(b) by repealing the definition “municipal tax base” and substituting the following:

“municipal tax base” means the amount computed on or before October 15 or as soon afterwards as the circumstances permit in 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 the Province,

(d) the assessed value of real property in a municipality that is exempt from taxation under paragraph 4(1)(l) of the Assessment Act.

“regional municipality tax base” means the amount computed on or before October 15 or as soon afterwards as the circumstances permit in 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 municipalité régionale)

(a) the total assessed value of all real property liable to taxation under the Assessment Act in a regional municipality, excluding

(i) real property owned by the regional municipality,

(ii) real property of utility commissions owned by the regional 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 regional municipality owned by the Crown in right of the Province,

(d) the assessed value of real property in a regional municipality that is exempt from taxation under paragraph 4(1)(l) of the Assessment Act.

(d) by repealing the definition “rural community tax base” and substituting the following:

“rural community tax base” means the amount computed on or before October 15 or as soon afterwards as the circumstances permit in 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 the Province,

(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.

(e) by adding the following definitions in alphabetical order:

“rural district” means, in a service region, the unincorporated area inside the territorial limits outlined by regulation.(district rural)

“rural district tax base” means the amount computed on or before October 15 or as soon afterwards as the circumstances permit in 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 du district rural)

(a) the total assessed value of all real property liable to taxation under the Assessment Act in a rural 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 rural district owned by the Crown in right of the Province, and

“service region” means a portion of the Province, described and identified by regulation under the Regional Service Delivery Act, that is served by a regional service commission.(région de services)

4(2)Paragraph 14(2)(a) of the Act is amended by striking out “and under the control of the Minister of Natural Resources and Energy Development”.

4(3)Paragraph 19(c) of the Act is repealed and the following is substituted:

4(4)The heading “Required study and Minister’s recommendation for incorporation or adjustments” preceding section 21 of the Act is amended by striking out “Required study and”.

4(5)Section 21 of the Act is amended

(a) by repealing subsection (1) and substituting the following:

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

(a) the incorporation of a local government under subsection 22(1),

(b) the amalgamation of two or more local governments under subsection 24(1),

(c) the amalgamation of two or more local governments and the annexation of an area contiguous to the amalgamated local government under subsection 24(2),

(d) the annexation of a contiguous area to a local government under subsection 25(1), and

(e) the decrease in the territorial limits of a local government under section 26.

(b) by adding after subsection (1) the following:

21(1.1)The Minister is not required to conduct a feasibility study to determine whether to recommend the dissolution of a local government and its annexation to a rural district under section 29, but the Minister shall consider the following factors before making the recommendation:

(a) the population of the rural district that would result from the dissolution;

(b) the rural district tax base of the rural district that would result from the dissolution;

(d) the geographic size of the rural district that would result from the dissolution;

(e) the population density of the rural district that would result from the dissolution;

(f) the impact the dissolution will have on the provision of services in the areas affected; and

(g) any other factor prescribed by regulation.

(c) in subsection (2) by striking out “paragraphs (1)(a) to (f)” and substituting “paragraphs (1)(a) to (e) or relating to the dissolution of a local government referred to in subsection (1.1)”.

4(6)Section 28 of the Act is amended

(a) in subsection (1) in the portion preceding paragraph (a) by adding “in accordance with the regulations” after “feasibility study”;

(b) by repealing subsection (2) and substituting the following:

28(2)Twenty-five or more persons resident in a portion of a rural district contiguous to a local government and qualified to vote in an election for the advisory committee for that rural district, may petition the Minister to institute annexation proceedings for that area.

28(3)The date for determining whether a person is qualified to vote in a rural district advisory committee election shall be the date of the making of the petition.

4(7)Section 29 of the Act is amended

(a) by repealing subsection (1) and substituting the following:

29(1)A local government may, by resolution of council, request that the Minister recommend the dissolution of the local government.

(b) in subsection (2) by striking out “and establish a local service district” and substituting “and annex the dissolved local government to the rural district in the service region in which the dissolved local government is located”;

29(2.1)If an annexation occurs under subsection (2), the Lieutenant-Governor in Council may, by regulation, change the territorial limits of the rural district.

(d) by repealing subsection (5);

(e) in subsection (6)

(i) by repealing paragraph (a) and substituting the following:

(a) declare that the dissolved local government is annexed to the rural district in the service region in which the dissolved local government is located,

(ii) in paragraph (e) by striking out “of a local service district or portion of a local service district” and substituting “of the rural district or portion of the rural district”;

(f) by repealing subsection (7) and substituting the following:

29(7)The Minister may, by order, prescribe that a service be provided in a rural district affected by an annexation under subsection (2) or in an area within the rural district or prescribe that a service be discontinued in the rural district or in an area within the rural district.

(g) by repealing subsection (9) and substituting the following:

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

4(8)Section 31 of the Act is amended

(a) in paragraph (d) by striking out “local service district” and substituting “rural district”;

(b) by repealing paragraph (h) and substituting the following:

(h) provide for first elections or by-elections, as the case may be, in accordance with section 33.1;

4(9)The heading “First election not required after an annexation or decrease in territorial limits” preceding section 33 of the Act is repealed.

4(10)Section 33 of the Act is repealed.

4(11)The Act is amended by adding before section 34 the following:

First elections and by-elections held after incorporation, amalgamation, annexation or decrease in territorial limits

33.1(1)A regulation effecting an incorporation or amalgamation of a local government shall provide for a first election in accordance with subsection (6).

33.1(2)A regulation effecting an annexation that results in an increase of more than 50% in the population of the residents of a local government shall provide for a first election in accordance with subsection (6).

33.1(3)A regulation effecting an annexation that results in an increase of between 15% and 50%, inclusive, in the population of the residents of a local government may provide for a by-election in accordance with subsection (7).

33.1(4)A regulation effecting an annexation that results in an increase of less than 15% in the population of the residents of a local government shall not provide for the holding of a first election or by-election.

33.1(5)A regulation effecting a decrease in territorial limits of a local government may provide for the holding of a first election in accordance with subsection (6).

33.1(6)For the purpose of a first election, the Lieutenant-Governor in Council may provide for

(a) the number of members on the first council,

(b) 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,

(d) the setting of days for nominations, either before or after the effective date of the incorporation, amalgamation, annexation or decrease in territorial limits,

(e) the setting of the day for holding the first election,

(f) the qualifications of candidates and voters,

(g) the preparation of voters lists,

(h) the setting of the day for the taking of the oath of office or the making of the affirmation of office, as the case may be,

(i) the setting of days for first meetings of councils, and

(j) any other matters that the Lieutenant-Governor in Council considers necessary to provide for the effective administration of the new local government.

33.1(7)For the purpose of a by-election, the Lieutenant-Governor in Council may provide for

(a) the number of new councillors to be added to the council,

(b) the holding of by-elections for the new councillors, as councillors at large, by ward, or a combination of the two, either before or after the effective date of the annexation,

(d) the setting of days for nominations, either before or after the effective date of the annexation,

(e) the setting of the day for holding the by-election,

(f) the qualifications of candidates and voters,

(g) the preparation of voters lists,

(h) the setting of the day for the taking of the oath of office or the making of the affirmation of office, as the case may be, and

(i) any other matters that the Lieutenant-Governor in Council considers necessary to provide for the effective administration of the local government.

4(12)Paragraph 34(b) of the Act is amended by striking out “make adjustments in respect of the territorial limits of any local service district” and substituting “change the territorial limits of any rural district”.

4(13)Section 35 of the Act is amended

(a) in paragraph (3)(a) of the English version by striking out “his or her” and substituting “their”;

(b) in subsection (8) by striking out “former local service district” and substituting “rural district”;

4(14)The Act is amended by adding after section 35 the following:

By-election held before effective date of the annexation

35.1(1)In this section “effective date of the annexation” means the effective date of an annexation referred to in subsection 33.1(3).

35.1(2)Despite any provision of this Act or any other Act, if a by-election for new councillors of an affected local government is held before the effective date of the annexation, the current members of the council shall continue to hold office and the council shall continue to exercise its powers in relation to the day-to-day activities of the local government.

35.1(3)Before the effective date of the annexation, an increase in the number of members on a council of an affected local government in the regulation effecting the annexation

(a) does not result in a vacancy in the council, and

(b) shall not be used for the purpose of calculating the number of members of council that constitute a quorum.

4(15)The heading “Procedures for a first election” preceding section 36 of the Act is amended by striking out “first election” and substituting “first election or by-election”.

4(16)Section 36 of the Act is amended by adding after subsection (11) the following:

36(11.1)This section applies with the necessary modifications to a by-election held in relation to an annexation referred to in subsection 33.1(3).

4(17)Section 38 of the Act is amended

(a) by repealing subsection (1) and substituting the following:

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

(b) by repealing subsection (2) and substituting the following:

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

4(18)Subsection 39(1) of the Act is amended by striking out “contiguous local service district” and substituting “portion of a rural district”.

4(19)Subsection 45(11) of the Act is repealed and the following is substituted:

45(11)Subsection (10) does not apply during the six months preceding the date of

(a) a first election under this Act, or

(b) a by-election held in relation to an annexation referred to in subsection 33.1(3).

4(20)Section 48 of the English version of the Act is amended

(a) in paragraph (1)(e) by striking out “him or her” and substituting “the mayor”;

(b) in subsection (6)

(i) in paragraph (d) by striking out “he or she” and substituting “the councillor”;

(ii) in paragraph (e) by striking out “him or her” and substituting “the councillor”.

4(21)Subsection 54(1) of the Act is amended by striking out “2020” and substituting “2026”.

4(22)Section 55 of the English version of the Act is amended

(a) in subsection (2) by striking out “his or her” and substituting “the member’s”;

(b) in subsection (3) by striking out “his or her” and substituting “their”.

4(23)Section 58 of the Act is amended

(a) by adding after subsection (5) the following:

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.

(b) in subsection (6) by striking out “subsections (2), (3), (4) and (5),” and substituting “subsections (2), (3), (4), (5) and (5.1),”;

(c) in subsection (7) by striking out “subsections (2), (3), (4), (5) and (6),” and substituting “subsections (2), (3), (4), (5), (5.1) and (6),”;

(d) in subsection (8) by striking out “subsections (2), (5) and (6),” and substituting “subsections (2), (5), (5.1) and (6),”;

(e) in subsection (9) of the English version by striking out “he or she” and substituting “the person”;

(f) in subsection (13) of the English version by striking out “his or her” and substituting “the member’s”.

4(24)Subsection 66(1) of the English version of the Act is amended by striking out “his or her” and substituting “their”.

4(25)The Act is amended by adding after section 66 the following:

Voting – matters respecting services of a municipal distribution utility

66.1(1)In this section, “municipal distribution utility” means municipal distribution utility as defined in the Electricity Act.

66.1(2)With respect to a vote on a matter related to the distribution or provision of electricity as a service to residents of a local government by a municipal distribution utility, only the mayor, councillors at large and councillors for wards that are within or partly within the territorial limits provided for in section 88 of the Electricity Act are eligible to vote.

66.1(3)If, by reason of subsection (2), the number of councillors that are ineligible to vote is such that the remaining members of council are not of a sufficient number to constitute a quorum, despite any other general or special Act, the remaining members shall be deemed to constitute a quorum if there are not fewer than three.

66.1(4)If there are insufficient remaining members of council to constitute what is deemed to be a quorum under subsection (3), the council may apply to the Minister for an order authorizing it to consider, to discuss and to vote on the matter.

66.1(5)The Minister may make an order referred to in subsection (4) subject to the conditions and directions that the Minister considers appropriate.

4(26)Section 69 of the Act is amended

(a) by repealing subsection (2);

(b) by repealing subsection (3);

(d) in paragraph 7(b), by striking out “see or”.

2022, c.31, s.1

4(27)Section 77 of the Act is amended by adding after subsection (2) the following:

77(3)If by reason of a vacancy in the council a quorum can no longer be constituted, the Minister may appoint a person to sign jointly with the treasurer all cheques and payment authorizations issued by the local government until

(a) a quorum is constituted, or

(b) a committee of supervisors is appointed under the Control of Municipalities Act.

4(28)Subsection 79(3) of the Act is amended by striking out “March 1” and substituting “April 1”.

4(29)The Act is amended by adding after section 84 the following:

Members of council not eligible for appointment or employment while holding office

84.1(1)A member of council is not eligible for appointment as an officer of the local government or for employment with the local government, including an appointment or employment for no remuneration, at any time while the person holds office as a member of council.

84.1(2)Subsection (1) does not apply to a member of council who, while holding office, serves as a volunteer firefighter for the local government.

4(30)Subsection 85(1) of the English version of the Act is amended by striking out “he or she” and substituting “the member”.

4(31)Section 86 of the English version of the Act is amended

(a) in subsection (1) by repealing the portion preceding paragraph (a) and substituting the following:

86(1)Subject to subsection (2), a local government may indemnify a member or former member of council, an officer or former officer of the local government or of a corporation established under subsection 8(1), an employee or former employee of the local government or of a corporation established under subsection 8(1) or a member or former member of a committee, board, commission or agency established by council, and their 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 them in relation to any criminal action or proceeding for a strict or absolute liability offence or any civil or administrative action or proceeding, if the person

(b) in subsection (4) by striking out “he or she” and substituting “the person”.

4(32)Subsection 87(2) of the English version of the Act is amended by striking out “he or she” and substituting “the person”.

4(33)Subparagraph 89(1)(a)(i) of the English version of the Act is repealed and the following is substituted:

(i) has or proposes to have an interest in a contract in which the council, local board or committee of which the person is a member or by whom the person is employed or was appointed has an interest, or

4(34)Paragraph 90(h) of the English version of the Act is amended by striking out “he or she” and substituting “the person”.

4(35)Section 91 of the English version of the Act is amended

(a) in subsection (1) by striking out “he or she” and substituting “the member”;

(b) in subsection (3) by striking out “his or her” and substituting “the member’s”;

4(36)Section 92 of the English version of the Act is amended

(a) in subsection (1) by striking out “he or she” and substituting “the senior officer”;

(b) in subsection (3) by striking out “his or her” and substituting “the senior officer’s”.

4(37)Section 95 of the English version of the Act is repealed and the following is substituted:

95A senior officer may, within the scope of their employment, provide advice to a council, a local board or a committee on a matter with respect to which the senior officer has a conflict of interest, if the advice is provided at the request of the council, the local board or the committee and the request is made with knowledge of the conflict.

4(38)Section 96 of the English version of the Act is repealed and the following is substituted:

96A member or a senior officer shall not

(a) accept any fees, gifts, gratuities or other benefit that could reasonably be seen to influence any decision made by them in carrying out their functions as a member or as a senior officer, or

(b) for their personal gain, or for the personal gain of a family associate, make use of their position or of any information that is obtained in their position and is not available to the public.

4(39)Paragraph 97(3)(a) of the English version of the Act is amended by striking out “his or her” and substituting “their”.

4(40)Section 99 of the Act is amended

(a) in subsection (2)

(i) by repealing paragraph (c) and substituting the following:

(i) for municipalities, shall be fixed under subparagraphs 5(2)(a)(i) and (ii) of the Real Property Tax Act, and

(ii) for rural communities and regional municipalities, shall be fixed under subparagraphs 5(2)(a.1)(i) and (ii) of the Real Property Tax Act, and

(ii) by repealing paragraph (d) and substituting the following:

(d) the imposition of the tax under subparagraph (c)(i) or (ii), as the case may be.

(b) by repealing paragraph (6)(c) and substituting the following:

99(7)On the approval of the Minister, the rates adopted under this section are the rates fixed for the purposes of the Real Property Tax Act.

(d) in subsection (8) by striking out “fix the rate in paragraph (2)(c)” and substitute “fix the rates in subparagraph (2)(c)(i) or (ii), as the case may be”;

(e) in subsection (9) by striking out “rate fixed in paragraph (2)(c), the local government may fix” and substituting “rates fixed in subparagraph (2)(c)(i) or (ii), as the case may be, the local government shall fix”;

(f) by repealing subsection (10) and substituting the following:

99(10)If a portion of a rural district is annexed to a local government, the local government, 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 rates that are different than the rates fixed in subparagraph (2)(c)(i) or (ii), as the case may be, or in subsection (9) for real property that

(a) was located in the rural district 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.

(g) by repealing subsection (11) and substituting the following:

99(11)If a local government fixes rates under subsection (9) or (10), the local government shall adjust the rates fixed in subparagraph (2)(c)(i) or (ii), as the case may be, so that the amount of the estimate under paragraph (2)(b) remains the same.

4(41)Subsection 105(1) of the Act is repealed and the following is substituted:

105(1)A local government shall prepare, within the time prescribed by regulation, an annual report containing the information prescribed by regulation, including, but not limited to, governance and financial information, information respecting the delivery of local government services, and information respecting grants and economic development activities.

4(42)The heading “Services provided by the Minister in a local service district incorporated as a rural community or annexed to a rural community” preceding section 107 of the Act is repealed and the following is substituted:

Services provided by the Minister in a rural district incorporated as or annexed to a rural community

4(43)Subsection 107(1) of the Act is repealed and the following is substituted:

107(1)If a rural district or a portion of a rural district is incorporated as a rural community or annexed to a rural community, any service provided in the area shall continue to be provided by the Minister until the service is discontinued in a regulation under paragraph 191(1)(y) or until the rural community makes a by-law under section 10 prescribing that the service is to be provided by the rural community.

4(44)Paragraph 110(d) of the Act is repealed and the following is substituted:

(d) fix the rates at which the amount referred to in paragraph (b) is to be raised under subparagraphs 5(2)(d)(i) and (ii) of the Real Property Tax Act.

4(45)Subsection 124(3) of the English version of the Act is amended by striking out “his or her” and substituting “their”.

4(46)Subsection 125(3) of the English version of the Act is amended by striking out “his or her” and substituting “their”.

4(47)Subsection 144(7) of the English version of the Act is amended by striking out “he or she” and substituting “the by-law enforcement officer”.

4(48)Subsection 152(1) of the English version of the Act is amended by striking out “his or her” and substituting “their”.

4(49)The heading “PART 15 LOCAL SERVICE DISTRICTS” preceding section 161 of the Act is repealed.

4(50)Part 15 of the Act is repealed.

4(51)The Act is amended by adding before section 177 the following:

15.1

RURAL DISTRICTS

Rural districts established

176.1(1)The rural districts prescribed by regulation are established for the purposes of this Act.

176.1(2)The Lieutenant-Governor in Council may, in a regulation establishing a rural district, prescribe the name of the rural district, outline its territorial limits and divide it into wards.

176.1(3)On the recommendation of the Minister, the Lieutenant-Governor in Council may, by regulation, change the territorial limits of an established rural district and change the name of an established rural district.

Composition of rural district advisory committees

176.11(1) A rural district with a population of at least 250 shall have an advisory committee elected in accordance with section 176.2 that shall advise the Minister on the administration of the rural district.

176.11(2)Subject to subsection (3), a rural district advisory committee shall consist of the number of members prescribed by regulation for that rural district.

176.11(3)A rural district advisory committee shall consist of not fewer than three members and not more than six members.

Elections for rural district advisory committees

176.2(1)An election for a rural district advisory committee shall be held in conjunction with a general election under subsection 54(1).

176.2(2)Except for provisions inconsistent with this Act or the regulations under this Act and for provisions relating to by-elections, the provisions of the Municipal Elections Act and the regulations under the Municipal Elections Act, excluding Part 2 of that Act and the regulations made under that Part, are adopted for the purposes of and apply with the necessary modifications to the election of a rural district advisory committee.

176.2(3)If in a provision of the Municipal Elections Act or the regulations under that Act, as adopted under subsection (2), the word “council” or “municipality” is found, for the purposes of this section the words “rural district advisory committee” or “rural district” respectively shall be substituted.

176.2(4)A person who is resident in a rural district is qualified to vote in an election for the rural district advisory committee for that rural district if the person is entitled to vote under section 13 of the Municipal Elections Act.

176.2(5)Subject to subsection (6), a person who is qualified to vote in an election for a rural district advisory committee is qualified to be a candidate in that election.

176.2(6)The following persons are not qualified to be candidates in an election for a rural district advisory committee or to hold office as a member of a rural district advisory committee:

(a) a judge of The Court of Appeal of New Brunswick;

(b) a judge of The Court of Queen’s Bench of New Brunswick;

(d) an employee in the Local Government and Local Governance Reform Division of the Department of Environment and Local Government; and

(e) an election officer for the election.

176.2(7)A person who violates or fails to comply with an adopted provision that is listed in Column I of Schedule A of the Municipal Elections Act commits an offence under this Act.

176.2(8)For the purposes of Part 2 of the Provincial Offences Procedure Act, each offence referred to in subsection (7) is punishable as an offence of the category listed in Column 2 of Schedule A of the Municipal Elections Act beside the section number of the adopted provision to which the offence relates.

176.2(9)For the purposes of subsections (7) and (8), “adopted provision” means a provision of the Municipal Elections Act that is adopted with the necessary modifications under this section, or is adopted as modified under this section, as the case may be.

Vacancies on rural district advisory committees

176.21(1)Despite subsection 176.11(1) and subject to subsection (5), if a rural district advisory committee election fails to result in the election of the required number of members for a rural district, the Minister shall appoint the members required to fill the vacant positions.

176.21(2)A vacancy results in a rural district advisory committee when

(a) a member resigns from office,

(b) a member dies while in office,

(d) a member ceases to be resident in the rural district,

(e) except in the case of illness or with the authorization of the advisory committee, a member is

(i) absent from the rural district for more than two months at one time, or

(ii) absent from four or more consecutive regular meetings of the advisory committee, or

(f) a member has been disqualified from or declared incapable of holding office under this or any other Act.

176.21(3)Despite subsection 176.11(1) and subject to subsection (5), the Minister shall appoint a person to fill a vacant position in a rural district advisory committee.

176.21(4)A person is eligible to be appointed to a rural district advisory committee under subsection (1) or (3) if the person is qualified to be a candidate in an election for that committee.

176.21(5)If, for any reason, all of the positions on a rural district advisory committee become vacant at one time, the Minister shall declare the vacancies and forward a certified copy of the declaration to the Municipal Electoral Officer, who shall hold a by-election to fill the vacancies.

176.21(6)Except for provisions inconsistent with this Act or the regulations under this Act, the provisions of the Municipal Elections Act and the regulations under that Act relating to by-elections are adopted for the purposes of and apply with the necessary modifications to a by-election for a rural district advisory committee.

176.21(7)If in a provision of the Municipal Elections Act or the regulations under that Act, as adopted under subsection (6), the word “council” or “municipality” is found, for the purposes of this section the words “rural district advisory committee” or “rural district” respectively shall be substituted.

Accepting office on a rural district advisory committee

176.3A person shall accept office on a rural district advisory committee by taking the oath of office or making the affirmation of office in accordance with subsection 58(1) on or before the first meeting of the rural district advisory committee held after the person is elected or appointed, as the case may be.

Term of office, remuneration and expenses – members of rural district advisory committees

176.31(1)A member of a rural district advisory committee shall hold office until the first meeting of the incoming committee following a rural district advisory committee election.

176.31(2)The Lieutenant-Governor in Council may fix the remuneration of the members of a rural district advisory committee and may fix the rate for reimbursement of expenses incurred by members while acting on behalf of an advisory committee.

Code of conduct of rural district advisory committees

176.32(1)The Minister may establish a code of conduct for the members of rural district advisory committees.

176.32(2)The Regulations Act does not apply to the code of conduct.

2022, c.31, s.1

Meetings and chair of rural district advisory committees

176.4(1)A rural district advisory committee shall hold at least four regular meetings in each year.

176.4(2)A rural district advisory committee shall select a chair from among its members.

176.4(3)The chair of a rural district advisory committee shall hold office as a member of the board of directors of the regional service commission for the service region of the rural district.

Services required to be provided in a rural district

176.41(1)The Minister shall provide the following services in each rural district:

(a) animal control services;

(b) dangerous or unsightly premises enforcement services;

(d) fire protection services;

(e) land use planning services;

(f) rescue services;

(g) police protection services; and

(h) solid waste collection and disposal services.

176.41(2)The Minister may, by order, prescribe sorting and packaging requirements with respect to solid waste collection and disposal services.

176.41(3)The provision of land use planning services includes the enforcement of zoning regulations, rural plan regulations and rural plan by-laws made or adopted under the Community Planning Act.

176.41(4)Animal control services shall be provided in accordance with regulations made under paragraph 191(1)(z).

176.41(5)Dangerous or unsightly premises enforcement services shall be provided in accordance with regulations made under paragraph 191(1)(ee).

176.41(6)The provision of emergency measures services is subject to the Emergency Measures Act.

176.41(7)The provision of land use planning services is subject to the Community Planning Act and the Regional Service Delivery Act.

176.41(8)The provision of solid waste collection and disposal services is subject to

(a) the Regional Service Delivery Act,

(b) any requirements in a regulation made under paragraph 191(1)(aa), and

176.41(9)The Regulations Act does not apply to an order made under subsection (2).

Prescribing services or discontinuing services

176.5(1)In this section, “service” includes a facility used as a recreational facility or a community services facility, whether the facility is located within a rural district or not, and does not include the services set out in paragraphs 176.41(1)(a) to (h).

176.5(2)Twenty-five or more residents of a rural district who are qualified to vote in an advisory committee election for the rural district may petition the Minister for the provision of a service or for the discontinuance of a service in the rural district.

176.5(3)A rural district advisory committee may make a recommendation to the Minister that the Minister provide a service or discontinue a service in the rural district.

176.5(4)After being petitioned under subsection (2) or receiving a recommendation under subsection (3), the Minister may, by order, prescribe that a service be provided in the rural district or in any area within the rural district or that a service be discontinued in the rural district or in any area within the rural district.

176.5(5)In determining whether to make an order under subsection (4), the Minister shall consider any recommendation made by the rural district advisory committee and whether the service contributes to the peace, order and good government of the rural district and promotes the health, safety and welfare of its residents.

176.5(6)If the Minister discontinues a service in an order made under subsection (4), all liabilities associated with the establishment of that service continue until discharged.

176.5(7)Despite subsection (4), the Minister may, without making an order, provide a service in a rural district or in any area within a rural district if that service is being provided by or through a regional service commission.

176.5(8)The Regulations Act does not apply to an order made under subsection (4).

176.5(9)The date for determining whether a person is qualified to vote in a rural district advisory committee election for the purposes of subsection (2) shall be the date of the making of the petition.

Agreements with respect to the provision of services

176.51Subject to the Regional Service Delivery Act, the Minister may enter into an agreement with any person with respect to the provision of a service under this Part.

Operation of water or wastewater systems

176.6(1)In this section, “commission” means a water or wastewater commission established under section 15.2 of the Clean Environment Act.

176.6(2)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 wastewater system.

176.6(3)Subsection (2) does not apply if a commission acquires or operates a water or wastewater system in a rural district under section 15.2 of the Clean Environment Act.

176.6(4)If a water or wastewater system has been acquired by the Minister under subsection (2), or by a commission under section 15.2 of the Clean Environment Act, the Minister or the commission, as the case may be, shall operate the system on a user-charge basis and may, if both systems have been acquired, establish separate or joint rates.

176.6(5)The Minister or commission may establish, with respect to a user charge under subsection (4), one or more classes of users depending on prior payments by the users in relation to the cost of the work and the user charge may vary within each class.

176.6(6)The Minister or commission may recover the cost of the work, or any portion of it, on a user-charge basis under this section and the user charge may be established on an amortized or any other basis that the Minister or commission considers appropriate.

176.6(7)When operating a water or wastewater system under this section, the Minister or commission shall charge the users of the system in order to produce an annually balanced budget.

176.6(8)If in the operation of a system under this section, the Minister or commission has a deficit at the end of the fiscal year,

(a) the deficit shall be debited against the budget for the operation of the system for the second year following that fiscal year, or

(b) the deficit shall be spread over a four-year period commencing with the second year following that fiscal year.

176.6(9)If in the operation of a system under this section, the Minister or commission has a surplus at the end of the fiscal year,

(a) the surplus shall be credited to the budget for the operation of the system for the second year following that fiscal year, or

(b) the surplus shall be spread over a four-year period commencing with the second year following that fiscal year.

176.6(10)The Minister or a commission may provide for the following respecting user charges:

(a) the collection and recovery of user charges;

(b) discounts on user charges;

(d) the imposition of penalties for non-payment; and

(e) the proceedings to be taken in default of payment.

176.6(11)For greater certainty, under paragraph (10)(d), the Minister or a commission may cause the disconnection of a service line that connects with a water or wastewater system for which user charges have not been paid.

176.6(12)All user charges payable for the operation of water or wastewater systems connected to any land within the rural district that is liable to taxation under the Assessment Act and are due and payable for a period of 60 days constitute a special lien and charge on the land in priority to every claim, privilege, lien or encumbrance of any person, whether the right or title of that person has accrued before or accrues after the lien arises, and the lien is not defeated or impaired by any neglect or omission of the Minister or commission or by want of registration.

176.6(13)The special lien and charge referred to in subsection (12) does not apply to land that is subject to a valid and subsisting lease in effect before April 2, 1968.

176.6(14)The Minister or a commission may

(a) compel the owner of a building standing on land by which the service line runs to connect up with the water or wastewater system, or

(b) make a charge to the owner of the land where the connection is not made with the water or wastewater system.

176.6(15)In determining the charge to be made in subsection (14), the Minister or commission shall make the assessment as near as possible to what the user charge would be if the connection had been made.

176.6(16)A user charge levied under this section is a debt due to the Crown in right of the Province or a commission, as the case may be.

User charge calculated by frontage assessment

176.61If a user charge under subsection 176.6(4) is a rate or charge based on the frontage of the property in respect of which the service is provided, the calculation of the frontage shall be determined as follows:

(a) unless otherwise provided under this Act, each affected property shall be assessed according to its actual metre frontage;

(b) in the case of corner lots and triangular or irregularly shaped lots located at the junction or intersection of streets, a reduction shall be made in the special frontage assessment that otherwise would be chargeable, having regard to the situation, value and superficial area of the lots compared with other lots, sufficient to adjust the assessment on a fair and equitable basis;

(c) if a lot is for any reason wholly or partly unfit for building purposes, a reduction shall be made in the special frontage assessment which would otherwise be chargeable, sufficient to adjust its assessment compared with lots fit for building purposes on a fair and equitable basis;

(d) if 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, as long as they are not required, shall also be made in the special assessment that would otherwise be chargeable, sufficient to adjust its assessment on a fair and equitable basis; and

(e) the reduction shall be made by deducting from the total frontage of the lot liable to special frontage assessment an amount sufficient to make the proper reduction, but the whole of the lot shall be charged with the special frontage assessment so reduced.

Definition of “cost of the work”

176.7For the purposes of subsection 176.6(5), “cost of the work” includes

(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 Minister in connection with determining the 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 the work and any expenses incidental to the entering on, carrying out and completing the work and raising the money to pay the cost of the work.

Financing of services in a rural district

176.71(1)Subject to subsection (3), the Minister shall raise the money required for the provision of any service in a rural district under this Part, including the costs of administration attributable to the service, by taxation within the rural district in accordance with the Real Property Tax Act.

176.71(2)If the cost of services provided in different areas of a rural district, including the costs of administration attributable to those services, varies to a degree that, in the opinion of the Minister, warrants an adjustment of the rates fixed under paragraph 176.8(1)(d), the Minister may fix different rates for different areas, or portions of areas, accordingly.

176.71(3)The Minister may raise money for the provision of a service in a rural district under this Part, including the costs of administration attributable to the service, in whole or in part, on a user-charge basis.

176.71(4)If the cost of providing a service, including the costs of administration attributable to the service, in different areas of a rural district varies to a degree that, in the opinion of the Minister, warrants an adjustment of the user charges, the Minister may fix different rates for users of the service in different areas or portions of areas, accordingly.

176.71(5)The amount to be raised through a user charge for a service under this Part shall not exceed the cost of providing the service, including the costs of administration attributable to the service.

176.71(6)A user charge levied under this section is a debt due to the Crown in right of the Province.

Estimate of money required for provision of services and tax rate

176.8(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 rural district,

(b) determine the amount of that estimate to be raised on the rural district tax base,

(d) fix the rates at which the amount referred to in paragraph (b) is to be raised in accordance with subparagraphs 5(2)(c)(i) and (ii) of the Real Property Tax Act.

176.8(2)When preparing an estimate under paragraph (1)(a), the Minister shall include the amount charged to the Crown in right of the Province on behalf of the rural district under section 24 of the Service New Brunswick Act for the year for which the estimate is prepared.

Authorization for operating a retail business on the weekly day of rest

176.81(1)In this section, “weekly day of rest” means the weekly day of rest as defined in the Days of Rest Act.

176.81(2)Twenty-five or more residents of a rural district who are qualified to vote in an advisory committee election for the rural district may petition the Minister to authorize the operation of retail businesses on the weekly day of rest in the rural district.

176.81(3)A rural district advisory committee may make a recommendation to the Minister that the Minister authorize the operation of retail businesses on the weekly day of rest in the rural district.

176.81(4)After being petitioned under subsection (2) or receiving a recommendation under subsection (3), the Minister may issue a permit authorizing the operation of a retail business on the weekly day of rest in the rural district, subject to any conditions that the Minister considers appropriate and, in determining whether to issue the permit, the Minister shall consider any recommendation of the advisory committee.

176.81(5)The Minister may amend, suspend or revoke a permit issued under subsection (4) only after being petitioned under subsection (2) or receiving a recommendation under subsection (3).

176.81(6)If the Minister receives a petition under subsection (2) or a recommendation under subsection (3), the Minister shall not receive another petition or recommendation dealing with the same matter in the rural district for a period of one year after the date of the original petition or recommendation.

176.81(7)The date for determining whether a person is qualified to vote in a rural district advisory committee election for the purposes of subsection (2) shall be the date of the making of the petition.

176.81(8)A person who violates or fails to comply with a condition imposed in a permit issued under subsection (4) commits an offence punishable under Part 2 of the Provincial Offences Procedure Act as a category C offence.

Court orders

176.9(1)The Minister may make an application to The Court of Queen’s Bench of New Brunswick or a judge of the Court 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, if a person

(a) contravenes or fails to comply with any provision of this Act or the regulations, or

(b) obstructs a person in the exercise of a power or the performance of a duty under this Act.

176.9(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) any other order that 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 that the judge considers appropriate.

4(52)Section 178 of the Act is amended in the portion preceding paragraph (a) by striking out “local service district” and substituting “rural district”.

4(53)The heading “Indemnity – fire protection services in local service districts” preceding section 179 of the Act is amended by striking out “local service districts” and substituting “rural districts”.

4(54)Paragraph 179(1)(a) of the Act is amended by striking out “local service district” and substituting “rural district”.

4(55)Section 180 of the English version of the Act is amended by striking out “he or she” and substituting “the person”.

4(56)Subsection 185(2) of the Act is amended by striking out “164(5) to (15)” and substituting “176.6(5) to (16)”.

4(57)Section 190.1 of the Act is amended by striking out “Within 7 years after the commencement of this Act,” and substituting “Within seven years after January 1, 2023,”.

4(58)Subsection 191(1) of the Act is amended

(a) by repealing paragraph (h) and substituting the following:

(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;

(b) by adding after paragraph (h) the following:

(h.1) governing the dissolution of local governments including, without limitation, prescribing factors for the purposes of paragraph 21(1.1)(g);

(d) by repealing paragraph (k) and substituting the following:

(k) changing the territorial limits of an affected rural district for the purposes of paragraph 34(b);

(e) in paragraph (z) in the portion preceding subparagraph (i) by striking out “local service district” and substituting “rural district”;

(f) in paragraph (aa) in the portion preceding subparagraph (i) by striking out “local service district” and substituting “rural district”;

(g) by adding after paragraph (aa) the following:

(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,

(D) to require the use of forms provided by the Minister,

(E) to establish fees,

(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;

(h) by adding after paragraph (ll) the following:

(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;

(i) in paragraph (mm) by striking out “local service district” and substituting “rural district”;

(j) by repealing paragraph (nn);

(k) by repealing paragraph (oo) and substituting the following:

(oo) respecting rural district advisory committee elections;

4(59)Section 194 of the Act is amended by striking out “a by-law” and substituting “a regulation or by-law”.

4(60)Section 196 of the Act is amended

(a) in paragraph (a)

(i) by striking out the semicolon at the end of subparagraph (xxx) and substituting a comma;

(ii) by adding after subparagraph (xxx) the following:

(xxxi) New Brunswick Regulation 2017-3;

(b) in paragraph (b) by striking out “(xxx)” and substituting “(xxxi)”.

4(61)The heading “Transitional terms of office for members of advisory committees” preceding section 203 of the Act is repealed.

4(62)Section 203 of the Act is repealed.

Real Property Tax Act

5(1)The Real Property Tax Act, chapter R-2 of the Revised Statutes, 1973, is amended in the heading “Financing of local service district and rural community” preceding section 4 of the Act by striking out “local service district” and substituting “rural district”.

5(2)Paragraph 4(1)(a) of the Act is amended by striking out “local service district” wherever it appears and substituting “rural district”.

5(3)Section 5 of the Act is amended

(a) in subsection (2)

(i) by repealing paragraph (a) and substituting the following:

(a) each year, every municipality shall, by resolution of its council adopted under subsection 99(2) of the Local Governance Act, impose a tax on all real property that is within the municipality at the following rates:

(i) for the residential property that is within the municipality, at the rate fixed by the municipality; and

(ii) for the following real property:

(A) for the non-residential property referred to in paragraph (a) of the definition “non-residential property” in section 1 of the Assessment Act that is within the municipality, at the rate fixed by the municipality of not less than 1.4 times and not more than 1.7 times the rate fixed under subparagraph (i); and

(B) for the non-residential property referred to in paragraph (b) of the definition “non-residential property” in section 1 of the Assessment Act that is within the municipality, at the rate fixed by the municipality of not less than 1.4 times and not more than 1.7 times the rate fixed under subparagraph (i);

(ii) by repealing paragraph (a.1) and substituting the following:

(a.1) each year, every rural community shall, by resolution of its council adopted under subsection 99(2) of the Local Governance Act, impose a tax on all real property that is within the rural community at the following rates:

(i) for the residential property that is within the rural community, at the rate fixed by the rural community; and

(ii) for the following real property:

(A) for the non-residential property referred to in paragraph (a) of the definition “non-residential property” in section 1 of the Assessment Act that is within the rural community, at the rate fixed by the rural community of not less than 1.4 times and not more than 1.7 times the rate fixed under subparagraph (i); and

(B) for the non-residential property referred to in paragraph (b) of the definition “non-residential property” in section 1 of the Assessment Act that is within the rural community, at the rate fixed by the rural community of not less than 1.4 times and not more than 1.7 times the rate fixed under subparagraph (i);

(iii) by repealing paragraph (c) and substituting the following:

(c) for the purposes of subsection 176.8(1) of the Local Governance Act, each year, the Minister of Local Government and Local Governance Reform shall impose a tax on all real property that is within a rural district at the following rates:

(i) for the residential property that is within the rural district, at the rate fixed by that Minister; and

(ii) for the following real property:

(A) for the non-residential property referred to in paragraph (a) of the definition “non-residential property” in section 1 of the Assessment Act that is within the rural district, at the rate fixed by that Minister of not less than 1.4 times and not more than 1.7 times the rate fixed under subparagraph (i); and

(B) for the non-residential property referred to in paragraph (b) of the definition “non-residential property” in section 1 of the Assessment Act that is within the rural district, at the rate fixed by that Minister of not less than 1.4 times and not more than 1.7 times the rate fixed under subparagraph (i);

(iv) by repealing paragraph (d) and substituting the following:

(d) for the purposes of section 110 of the Local Governance Act, each year, the Minister of Local Government and Local Governance Reform shall impose a tax on all real property that is within a rural community at the following rates:

(i) for the residential property that is within the rural community, at the rate fixed by that Minister; and

(ii) for the following real property:

(A) for the non-residential property referred to in paragraph (a) of the definition “non-residential property” in section 1 of the Assessment Act that is within the rural community, at the rate fixed by that Minister of not less than 1.4 times and not more than 1.7 times the rate fixed under subparagraph (i); and

(B) for the non-residential property referred to in paragraph (b) of the definition “non-residential property” in section 1 of the Assessment Act that is within the rural community, at the rate fixed by that Minister of not less than 1.4 times and not more than 1.7 times the rate fixed under subparagraph (i).

(b) in subsection (2.01) by striking out “local service district” and substituting “rural district”;

5(4.101)Despite subsection (4), and despite any amount credited under the Residential Property Tax Relief Act, for the year 2023 and every subsequent year, there shall be a tax at the rate of $0.4115 on each $100 valuation in respect of real property referred to in subsection (4) that are in those areas of a municipality for which the roads, streets or highways are under the control of the Minister of Transportation and Infrastructure and have not vested in the municipality under the provisions of section 32 of the Highway Act.

(d) in subsection (10) by striking out “local service districts” and substituting “rural districts”;

(e) in subsection (11) by striking out “local service district” and substituting “rural district”;

(f) in subsection (11.1)

(i) in paragraph (a) by striking out “local service district” and substituting “rural district”;

(ii) in paragraph (b) by striking out “local service district” and substituting “rural district”.

5(4)Section 5.01 of the Act is amended

(a) in subsection (1)

(i) in the definition “local service district tax base” by adding “, as it read immediately before January 1, 2023,” after “the Local Governance Act”;

(ii) in the definition “rate” by adding “, as it read immediately before January 1, 2023,” after “the Local Governance Act”;

(b) in paragraph (3)(e) by adding “, as it read immediately before January 1, 2023,” after “the Local Governance Act”;

2022, c.38, s.2

Regional Service Delivery Act

6(1)Section 1 of the Regional Service Delivery Act, chapter 37 of the Acts of New Brunswick, 2012, is amended

(a) by repealing the following definitions:

“Executive Director”;

“regional plan”;

(b) by repealing the definition “member” and substituting the following:

“member” , with respect to a Commission, means(membre)

(a) a local government prescribed for the region, and

(b) the rural district prescribed for the region.

“chartered professional accountant” means a member in good standing of the Chartered Professional Accountants of New Brunswick.(comptable professionnel agréé)

“Chief Executive Officer” means a person appointed as a Chief Executive Officer under section 13.(premier dirigeant)

“planner” means a member in good standing with the New Brunswick Association of Planners who is authorised to use the designation “Registered Professional Planner” or “RPP”.(urbaniste)

“regional land use plan” means a regional land use plan under section 18 of the Community Planning Act.(plan régional en matière d’utlisation des terres)

“rural district” means a rural district as defined in subsection 1(1) of the Local Governance Act. (district rural)

2022, c.31, s.1

6(2)Section 2 of the Act is amended

(a) by repealing subsection (2) and substituting the following:

2(2)A regulation under subsection (1), shall describe and identify each region by prescribing

(a) local governments, and

(b) one rural district.

(b) by adding after subsection (2) the following:

2(3)Each region is comprised of the area inside the territorial limits of the local governments prescribed for that region and of the rural district prescribed for that region.

2(4)On the recommendation of the Minister, the Lieutenant-Governor in Council may, in accordance with the regulations, amend the description of a region.

6(3)The Act is amended by adding after section 3 the following:

Mandate

3.1(1)The mandate of a Commission is

(a) to provide or facilitate the provision of common services to its members,

(b) to develop and implement a regional strategy,

(c) to undertake activities related to regional economic development, regional community development and regional tourism promotion,

(d) to identify regional sport, recreational and cultural infrastructure and to coordinate the apportionment of costs for that infrastructure,

(e) to establish a public safety committee to exchange information and discuss resource sharing and joint planning by its members in relation to policing services, fire protection services and emergency measures planning services, and

(f) to work with its members to facilitate administrative, financial and other service arrangements.

3.1(2)In addition to the mandate in subsection (1), any Commission prescribed by regulation is mandated to develop a plan for integrating and coordinating services to address homelessness, poverty and mental health and may enter into agreements with the Crown in right of the Province for that purpose.

Regional strategy

3.2(1)A Commission shall develop and implement a regional strategy in accordance with the regulations that establishes priority services and actions with respect to

(a) regional economic development,

(b) regional community development,

(d) regional transportation, and

(e) any other matter prescribed by regulation.

3.2(2)Each Commission shall prepare a first regional strategy by July 1, 2023.

Powers respecting regional economic development

3.3A Commission may promote regional economic development in the manner it considers appropriate but it shall not, for that purpose,

(a) acquire or hold securities,

(b) provide loans or guarantees,

(d) undertake any other activity prescribed by regulation.

Sport, recreational and cultural infrastructure

3.4A Commission shall identify the sport, recreational and cultural infrastructure in its region and the sport, recreational and cultural infrastructure that will be required in its region in the future and if, after making an assessment in accordance with the regulations, the Commission determines that its members shall contribute to the costs of any of the identified infrastructure, the Commission shall coordinate the apportionment of those costs among the members in a manner and in accordance with the regulations.

6(4)Section 4 of the Act is amended

(a) in subsection (1) by striking out “on and after the coming into force of this section,”;

(b) by repealing subsection (2) and substituting the following:

4(2)In accordance with this Act and the regulations, a Commission shall provide or facilitate the provision of the following common services:

(a) a solid waste disposal service;

(b) a regional transportation service;

(i) to its members that are local governments that are not providing their own land use planning service, and

(ii) to its rural district member.

6(5)Section 5 of the Act is repealed.

6(6)Section 6 of the Act is repealed and the following is substituted:

6(1)Subject to the provisions of this Act, a Commission may provide by agreement

(a) to one or more of its members, any service, other than a common service, and

(b) to any other person, other than an individual, any service, including a common service.

6(2)A Commission may, with respect to a service,

(a) provide it directly,

(b) enter into an agreement to have a third party provide it on behalf of the Commission, or

6(3)An agreement between a Commission and a third party for the funding of a service shall include the following:

(a) a requirement for performance indicators;

(b) a requirement to provide audited financial statements to the Commission;

(d) terms and conditions providing for the close collaboration of third parties with the Chief Executive Officer and the director of finance of the Commission, including regular meetings.

2022, c.31, s.1

6(7)Section 9 of the Act is amended

(a) by repealing subsection (2) and substituting the following:

9(2)Subject to subsection (2.2), each Board shall consist of

(a) the mayors of each local government in a region,

(b) if the rural district in a region has a rural district advisory committee, the chair of the advisory committee, and

(b) by adding after subsection (2) the following:

9(2.1)If the operation of paragraphs (2)(a) and (b) results in a Board with fewer than six voting members, the council of each local government in the region will designate one councillor to hold office as a member, and the rural district advisory committee, if any, will designate another member of that committee to hold office as a member.

9(2.2)If subsection (2.1) applies, a Board shall consist of the members referred to in subsection (2) and the members designated under subsection (2.1).

2022, c.31, s.1

(d) in subsection (4) by striking out “referred to in subsection (2)”.

6(8)The Act is amended by adding after section 9 the following:

Voting rights – matters that affect all members

9.1(1)Each voting member of a Board is eligible to cast one vote on a motion dealing with any of the following matters:

(a) the making of by-laws under section 12;

(b) the conduct of Board business;

(d) the setting of fees or borrowing of money with respect to matters other than services; and

(e) the approval of a budget referred to in subsection 27(1).

9.1(2)A motion referred to in paragraph (1)(a), (b) or (c) shall not pass unless 50% plus one vote of the votes cast by the members of the Board present are in favour.

9.1(3)A motion referred to in paragraph (1)(d) shall not pass unless two-thirds of the votes cast by the members of the Board present are in favour.

9.1(4)Subsection 27(2) applies to a motion referred to in paragraph (1)(e).

Voting rights – services

9.2(1)The eligibility of members of a Board to vote on motions dealing with any of the following matters shall be determined in accordance with this section:

(a) the operation or administration of a service;

(b) the setting of fees for a service; and

9.2(2)A member of a Board is not eligible to vote and shall not vote on a motion referred to in paragraph (1)(a), (b) or (c) if the motion deals with a service that is not provided by or through the Commission to the local government member or rural district member, as the case may be, that the member of the Board represents.

9.2(3)A member of a Board is eligible to vote on a motion referred to in paragraph (1)(a), (b) or (c) if the motion deals with a service that is provided by or through the Commission to the local government member or rural district member, as the case may be, that the member of the Board represents, and shall have the number of votes assigned to the member of the Board in accordance with the regulations.

9.2(4)If a member of a Commission is represented by more than one member on the Board, the number of votes assigned in accordance with the regulations to that member of the Commission, shall be divided equally between the members of the Board that represent it.

9.2(5)A motion referred to in paragraph (1)(a) shall not pass unless 50% plus one vote of the votes cast by the eligible members of the Board present are in favour.

9.2(6)A motion referred to in paragraph (1)(b) or (c) shall not pass unless two-thirds of the votes cast by the eligible members of the Board present are in favour.

6(9)The heading “Interim boards” preceding section 10 of the Act is repealed.

6(10)Section 10 of the Act is repealed.

6(11)The heading “First budget” preceding section 11 of the Act is repealed.

6(12)Section 11 of the Act is repealed.

6(13)The heading “Executive Director” preceding section 13 of the Act is repealed and the following is substituted:

Chief Executive Officer

6(14)Section 13 of the Act is repealed and the following is substituted:

13(1)A Board shall appoint a Chief Executive Officer of the Commission and establish the terms and conditions of the Chief Executive Officer’s appointment.

13(2)The Chief Executive Officer shall perform the duties and may exercise the powers conferred on the Chief Executive Officer by this Act and the regulations, or the Board.

6(15)Section 14 of the Act is repealed and the following is substituted:

14(1)The Chief Executive Officer may, on behalf of a Commission, employ the persons that the Chief Executive Officer considers necessary, including a planning director and a director of finance, to ensure the provision of services under this Act or otherwise fulfil the mandate of the Commission.

14(2)A director of finance is required to be a chartered professional accountant.

2022, c.31, s.1

6(16)Subsection 15(1) of the Act is repealed and the following is substituted:

15(1)On the terms approved by the Board, the Chief Executive Officer may, on behalf of the Commission, contract with any person that the Chief Executive Officer considers necessary to ensure the provision of services under this Act or to otherwise fulfil the mandate of the Commission.

6(17)Section 16 of the Act is amended

(a) in subsection (1) by striking out “Executive Director” and substituting “Chief Executive Officer”;

(b) in paragraph (2)(b) by striking out “Executive Director” wherever it appears and substituting “Chief Executive Officer”;

(i) by adding after paragraph (d) the following:

(d.1) to make a request for payment under subsection 20(2),

(ii) in paragraph (g) by striking out “Executive Director” wherever it appears and substituting “Chief Executive Officer”;

(d) in subsection (5) by striking out “Executive Director” and substituting “Chief Executive Officer”;

(e) by repealing subsection (7) and substituting the following:

16(7)If the Chief Executive Officer subdelegates a power or duty as authorized in a written delegation made under subsection (1), the Chief Executive Officer may revoke, in whole or in part, the subdelegation.

6(18)Section 17 of the Act is amended by striking out “Executive Director” and substituting “Chief Executive Officer”.

6(19)Section 20 of the Act is amended

(a) in subsection (1) by striking out “a council of a local government or local service district in a region” and substituting “a member”;

(b) by repealing subsection (2) and substituting the following:

20(2)If a member that is a local government is in arrears for a period in excess of 90 days with respect to any payment due under subsection (1), the Commission may request that the Minister make the payment to the Commission and deduct the amount in arrears from any money owed by the Province to the local government.

6(20)The Act is amended by adding after section 20 the following:

Application of sections 18, 19 and 20 to costs of fulfilling mandate

20.1For the purposes of sections 18, 19 and 20, the costs incurred by a Commission in relation to fulfilling its mandate shall be considered to be costs incurred by the Commission in relation to a service provided by or through the Commission, and sections 18, 19 and 20 apply with the necessary modifications to those costs.

6(21)The heading “Regional plan” preceding section 23 of the Act is repealed and the following is substituted:

Regional land use plan

6(22)Section 23 of the Act is repealed and the following is substituted:

23If a Commission prepares a regional land use plan, the regional land use plan shall be prepared in accordance with section 18.1 of the Community Planning Act.

6(23)Section 24 of the Act is amended

(a) in subsection (1)

(i) in subparagraph b)(i) of the French version by striking out “du région” wherever it appears and substituting “de la région”;

(ii) in paragraph (e) of the English version by striking out “council of a local government of a member” and substituting “council of a member that is a local government”;

(b) in subsection (2) of the English version by striking out “he or she” and substituting “they”;

(c) in paragraph (3)(c) by striking out “expense to be shared among those members” and substituting “cost to be apportioned among those members”.

6(24)Subsection 25(2) of the Act is repealed and the following is substituted:

25(2)A member that is a local government that is being provided a land use planning service by or through a Commission, may provide its own land use planning service if

(a) in the opinion of the Provincial Planning Director appointed under the Community Planning Act, the local government is able to provide a land use planning service in accordance with the requirements of the Community Planning Act and the Building Code Administration Act,

(b) the member pays to the Commission the costs directly associated with its withdrawal from a land use planning service provided by or through the Commission,

(c) in the opinion of the Minister, the member’s withdrawal from a land use planning service provided by or through the Commission will not threaten the financial viability of the land use planning services provided by or through the Commission to the other members of the Commission, and

(d) unless otherwise agreed by the Commission and the local government, the local government has provided no less than two years’ notice of its intention to withdraw from a land use planning service provided by or through the Commission.

6(25)Section 27 of the Act is amended

(a) by repealing subsection (2) and substituting the following:

27(2)A motion made at a meeting of a Board to approve a budget referred to in subsection (1) shall not pass unless at least two-thirds of the voting members present, who represent at least 51% of the total population represented by all the voting members present, vote in favour.

(b) by repealing subsection (3) and substituting the following:

27(3) In respect of the fiscal year for which it is prepared, a budget shall set out the estimated revenue and expenditures for each service provided by a Commission and for any other activity carried out by a Commission for the purpose of fulfilling its mandate, in the detail and in the form that the Minister requires.

(d) by repealing subsection (7) and substituting the following:

27(7)If a Commission has a deficit with respect to a service or activity at the end of its fiscal year, the Commission shall cause the deficit to be debited against the Commission’s budget with respect to that service or activity for the second next ensuing year.

(e) by repealing subsection (8) and substituting the following:

27(8)If a Commission has a surplus with respect to a service or activity at the end of its fiscal year, the Commission shall cause the surplus to be credited to the Commission’s budget with respect to that service or activity for the second next ensuing year.

(f) by repealing subsection (9) and substituting the following:

27(9)A Commission may establish and manage, in accordance with the regulations, reserve funds in relation to a service it provides or in relation to an activity it carries out.

6(26)Section 32 of the English version of the Act is amended by striking out “he or she” and substituting “the Minister”.

6(27)Section 34 of the Act is amended

(a) by repealing subsection (1) and substituting the following:

34(1)The Minister may, by order, appoint a trustee to act in place of the voting members of a Board if, in the opinion of the Minister,

(a) the Board is not functioning effectively,

(b) the Board fails to fulfil its responsibilities under this Act and the regulations, or

(b) by repealing subsection (5) and substituting the following:

34(5)If, in the opinion of the Minister, a trustee is no longer required, the Minister may terminate the appointment of the trustee on the terms and conditions that the Minister considers advisable and reinstate the voting members of the Board.

6(28)Section 35 of the Act is amended by striking out “Executive Director” and substituting “Chief Executive Officer”.

6(29)Subsection 36(1) of the Act is repealed and the following is substituted:

36(1)A Commission shall make available to the public its annual report and regional strategy, any regional land use plan and the rural plan of its rural district member.

6(30)The Act is amended by adding after section 36 the following:

Review of this Act

36.1Within seven years after January 1, 2023, the Minister shall undertake a comprehensive review of the operation of this Act and shall, within one year after the review is undertaken or within such further time as the Legislative Assembly allows, submit a report on the review to the Legislative Assembly.

6(31)Section 37 of the Act is amended

(a) by repealing paragraph (a) and substituting the following:

(a) describing and identifying a region, including prescribing local governments and a rural district for a region;

(b) by repealing paragraph (c);

(d) if a change in a region affects an existing Commission or requires the establishment of another Commission, respecting the amalgamation, dissolution or establishment of a Commission and making any adjustments of assets and liabilities of Commissions that they agree on, or, in default of agreement, that the Lieutenant-Governor in Council deems equitable;

(d) by adding after paragraph (d) the following:

(d.1) prescribing Commissions that are mandated to develop a plan for integrating and coordinating services to address homelessness, poverty and mental health;

(d.2) respecting a regional strategy of a Commission including, without limitation,

(i) providing for its form and content,

(ii) providing for an implementation plan,

(iii) providing for performance targets, and

(iv) providing for an accountability framework;

(d.3) prescribing other matters for the purposes of paragraph 3.2(1)(e);

(d.4) prescribing other activities for the purpose of paragraph 3.3(d);

(d.5) respecting assessments for the purpose of section 3.4, including, without limitation,

(i) providing for their form and content, and

(ii) establishing criteria to be considered;

(d.6) respecting the manner and procedure for determining the apportionment of costs of regional sport, recreational and cultural infrastructure for the purposes of section 3.4;

(d.7) respecting the manner and procedure for determining the apportionment of costs incurred by a Commission in relation to fulfilling its mandate among the members of a Commission and other persons;

(d.8) prescribing services provided by or through a Commission that are required to meet service delivery standards;

(d.9) establishing service delivery standards for a service referred to in paragraph (d.8);

(e) by repealing paragraph (h);

(f) by repealing paragraph (i);

(g) by repealing paragraph (j) and substituting the following:

(j) respecting alternates for members of a Board;

(h) in paragraph (n) by striking out “Executive Director” and substituting “Chief Executive Officer”;

(i) by repealing paragraph (q);

(j) by repealing paragraph (r);

(k) by repealing paragraph (s) and substituting the following:

(s) respecting the contents of an agreement referred to in subsection 25(3) or (4);

(l) by repealing paragraph (t);

(m) by adding after paragraph (x) the following:

(x.1) prescribing information required to be included in an annual report of a Commission, including information on any service delivery standards established under paragraph (d.9);

6(32)The heading “PART 6 TRANSITIONAL PROVISIONS AND COMMENCEMENT” preceding section 38 of the Act is repealed.

6(33)Part 6 of the Act is repealed.

Regulation under the Regional Service Delivery Act

7New Brunswick Regulation 2012-109 under the Regional Service Delivery Act is amended

(a) in section 2 by repealing the following definitions:

“local service district representative”;

“qualified resident”;

(b) by repealing the heading “Definition for the Act and this Regulation” preceding section 3;

(d) by repealing the heading “Amendment of the boundaries of a region” preceding section 4 substituting the following:

Amendment to description of a region

(e) in section 4

(i) by repealing subsection (1) and substituting the following:

4(1)If an amendment to the description of a region would require a member of a Commission to become a member of another Commission, the Minister, before making a recommendation under subsection 2(4) of the Act, shall be satisfied that sufficient local support for the change has been demonstrated in accordance with section 5 or 6.

(ii) in subsection (3) of the English version by striking out “his or her” and substituting “a”;

(iii) by repealing subsection (4) and substituting the following:

4(4)The description of a region referred to in subsection (1) may be amended only if

(a) the boundaries of the local government or rural district becoming a member of another Commission are contiguous to the boundary of the Commission receiving the member, or

(b) in the case of an amendment to the description of a region would result in more than one member becoming a member of another Commission, the combined boundaries of the group of members that are becoming members of another Commission are contiguous to the boundaries of the Commission receiving the members.

(iv) by repealing subsection (5);

(f) in section 5 by striking of “amendment of the boundaries” and substituting “amendment to the description”;

(g) in the heading “Local support in a local service district” preceding section 6 by striking out “local service district” and substituting “rural district”;

(h) in section 6

(i) in subsection (1)

(A) by repealing the portion preceding paragraph (a) and substituting the following:

6(1)There is sufficient support for an amendment to the description of a region in a rural district if

(B) in paragraph (a) by striking out “qualified residents of a local service district” and substituting “persons who are qualified to vote in an election for an advisory committee for the rural district”;

(b) the Minister is of the opinion that the residents of the rural district ought to consider the amendment of the description of the region.

(ii) in subsection (2) by striking out “qualified residents” and substituting “persons qualified to vote in an election for an advisory committee for the rural district”;

(iii) in subsection (3)

(A) in the portion preceding paragraph (a) by striking out “of the boundaries” and substituting “to the description”;

(B) by repealing paragraph (b) and substituting the following:

(b) the majority of those persons in attendance decide in favour of making the amendment to the description of a region.

(i) by repealing the heading “Determining the number of local service district representatives on Boards” preceding section 7;

(j) by repealing section 7;

(k) by repealing the heading “Chairs of local service district advisory committees to choose local service district representatives on Boards” preceding section 8;

(l) by repealing section 8;

(m) by repealing the heading “Choosing remaining representatives” preceding section 9;

(n) by repealing section 9;

(o) by repealing the heading “Removal from office” preceding section 10;

(p) by repealing section 10;

(q) by repealing the heading “Voting at meetings of Boards by representatives of local service districts” preceding section 11;

(r) by repealing section 11;

(s) by repealing section 12 and substituting the following:

12(1)The following persons shall be alternate members of the Board for the purposes of subsection 9(4) of the Act:

(a) in the case of a local government in the region,

(i) a deputy mayor or other councillor designated by the council of the local government, who does not otherwise hold office as a member of the Board, to serve as an alternate for the mayor of the local government, and

(ii) if applicable, a councillor designated by the council of the local government, who does not otherwise hold office as a member of the Board, to serve as an alternate for a councillor designated to serve on the Board under subsection 9(2.1) of the Act; and

(b) if the rural district in the region has a rural district advisory committee, subject to subsection (3), a person designated in accordance with subsection (2).

12(2)The chair of a rural district advisory committee and, if applicable, the member of a rural district advisory committee designated to serve on the Board under subsection 9(2.1) of the Act shall each designate a person to serve as their alternate within 60 days after being elected or appointed, as the case may be, to the rural district advisory committee, or within 60 days after the person they designated ceases to serve as their alternate.

12(3)Only a person who is qualified to be a candidate in an election for a rural district advisory committee may be designated to serve as an alternate member for that rural district.

(t) in paragraph 13(9)(a) of the English version by striking out “his or her” and substituting “their”;

(u) in section 14

(i) by repealing subsection (1) and substituting the following:

14(1)Subject to the Act and this Regulation, each member of a Board present at a meeting shall vote openly and individually and the member’s vote or votes, if the member is entitled to cast more than one vote, shall be recorded in the minutes of the meeting, and no vote shall be taken by ballot or by any other method of secret voting, and every vote taken in that manner is of no effect.

(ii) by repealing subsection (5);

(v) in section 16

(i) in subsection (1)

(A) in paragraph (a) by striking out “local service district” and substituting “rural district”;

(B) in paragraph (b) by striking out “local service district” wherever it appears and substituting “rural district”;

(I) in subparagraph (i) by striking out “local service district” and substituting “rural district”;

(II) in subparagraph (ii) by striking out “local service district” and substituting “rural district”;

(ii) in subsection (2) by striking out “local service district” and substituting “rural district”;

(w) in section 18

(i) in paragraph (1)(c) by striking out “subject to subsection (2),” and substituting “subject to paragraph 25(2)(d) of the Act,”;

(ii) by repealing subsection (2);

(x) in subsection 20(1) by adding after paragraph (b) the following:

(b.1) information with respect to activities carried out by a Commission for the purpose of fulfilling its mandate;

(y) in section 21

(i) in subsection (1)

(A) by repealing paragraph (a) and substituting the following:

(a) a Chief Executive Officer,

(B) by adding after paragraph (a) the following:

(a.1) an Executive Director,

(ii) by repealing subsection (5) of the English version and substituting the following:

21(5)If a member of a Board has a conflict of interest with respect to any matter in which the Commission is concerned and the member is present at a meeting of the Board, a meeting of a committee of the Board, or any other meeting at which business of the Board is conducted, and at which the matter is a subject of consideration, the member shall,

(a) as soon as the matter is introduced, disclose that they have a conflict of interest in the matter, and

(b) immediately withdraw from the meeting room while the matter is under consideration or vote.

(iii) by repealing subsection (7) of the English version and substituting the following:

21(7)A member of a Board or designated employee shall not

(a) accept any fees, gifts, gratuities or other benefit that could reasonably be seen to influence any decision made by them in carrying out their functions as a member of the Board or employee of the Commission, or

(b) for their personal gain or for the personal gain of a family associate, make use in any way of their position or of any privileged information to which they may have access or to which they are privy because of their position.

(z) by repealing the heading “Transitional provisions” preceding section 23;

(aa) by repealing section 23.

TRANSITIONAL AND SAVING PROVISIONS

Definitions

8The following definitions apply in this Part:

“established rural district” means a rural district established in a regulation referred to in subsection 15(1).(district rural établi)

“Minister” means the Minister of Local Government and Local Governance Reform and includes any person designated by the Minister to act on the Minister’s behalf.(ministre)

“region” means a portion of the Province, described and identified by regulation under the Regional Service Delivery Act, that is served by a regional service commission.(région)

“regional service commission” means a regional service commission established under the Regional Service Delivery Act.(commission de services régionaux)

“registered professional planner” means a member in good standing with the New Brunswick Association of Planners who is authorised to use the designation “Registered Professional Planner” or “RPP”.(urbaniste professionnel certifié)

“restructured local government” means a local government resulting from an incorporation, amalgamation, annexation or decrease in territorial limits effected in a regulation referred to in subsection 9(1).(gouvernement local restructuré)

“rural district” means, in a region, the unincorporated area inside the territorial limits outlined by regulation.(district rural)

Restructuring local governments

9(1)From the commencement of this section until August 31, 2022, inclusive, despite any inconsistency with the provisions of the Local Governance Act, the Lieutenant-Governor in Council may make regulations effecting incorporations, amalgamations, annexations or decreases in territorial limits of local governments and sections 31 and 32 of that Act apply with the necessary modifications to those regulations.

9(2)The Lieutenant-Governor in Council may, in a regulation referred to in subsection (1), prescribe the period of time that a different rate fixed for a portion of a restructured local government by the Minister under paragraph 11(2)(f) shall apply.

9(3)Despite any inconsistency with the provisions of the Local Governance Act, a regulation referred to in subsection (1) shall be deemed to have been validly made under section 22, 24, 25 or 26 of that Act, as the case may be, and, subject to this section, the provisions of that Act apply to the incorporation, amalgamation, annexation or decrease in territorial limits.

9(4)The effective date of an incorporation, amalgamation, annexation or decrease in territorial limits of a local government effected in a regulation referred to in subsection (1) shall be January 1, 2023.

Inquiries into assets and liabilities of local governments affected by restructuring

10(1)Despite any inconsistency with the provisions of the Local Governance Act, the Minister may appoint a person to inquire into the assets and liabilities of a local government that is or, in the opinion of the Minister, that will be affected by an incorporation, amalgamation, annexation or decrease in territorial limits effected in a regulation referred to in subsection 9(1).

10(2)A person appointed under subsection (1) shall report their findings to the Minister.

10(3)For greater certainty, the Minister may appoint a person under subsection (1) before the making of a regulation referred to in subsection 9(1).

10(4)A person appointed under subsection (1) may request that a person produce or provide access to any relevant document in the person’s possession or control, and may apply to The Court of Queen’s Bench of New Brunswick for an order directing the person to comply with that request.

Powers of the Minister to provide for a transition for restructured local governments

11(1)The following definitions apply in this section.

“affected local government” means a local government affected by an incorporation, amalgamation, annexation or decrease in territorial limits effected in a regulation referred to in subsection 9(1).(gouvernement local concerné)

“first council” means a council of a local government elected in a first election referred to in subsection 12(1).(premier conseil)

11(2)From the commencement of this section until December 31, 2022, inclusive, despite any inconsistency with the provisions of the Local Governance Act, the Minister may, with respect to an incorporation, amalgamation, annexation or a decrease in territorial limits effected in a regulation referred to in subsection 9(1),

(a) make by-laws regulating the procedure of a first council, prescribing the time and place of its regular meetings and providing for the calling of special meetings,

(b) conduct a review of all the by-laws of an affected local government, whether made under the Local Governance Act or under any other Act,

(c) make or amend by-laws of a restructured local government, but those by-laws shall have no effect until January 1, 2023, and shall be deemed to have come into force on that date,

(d) prepare a transitional budget that sets out

(i) the remuneration of the members of a first council,

(ii) the expenses of a first council for the period before January 1, 2023, and

(iii) the salaries of the officers appointed under paragraph (h),

(e) determine

(i) an estimate of the money required for the operation of a restructured local government,

(ii) the amount of that estimate to be raised on a restructured local government tax base, and

(iii) the rates at which the amount referred to in subparagraph (ii) is to be raised,

(f) adjust the rates fixed under subparagraph (e)(iii) and fix different rates for different portions of a restructured local government,

(g) undertake the negotiation of collective agreements,

(h) make arrangements for the appointment of officers of a restructured local government including, revoking the appointments of officers appointed by an affected local government and

(i) appointing those persons as officers of a restructured local government, or

(ii) subject to any applicable collective agreement

(A) reassigning those persons to new positions,

(B) making arrangements for the retirement of those persons, or

(i) make arrangements for a pension or superannuation plan for the permanent employees of a restructured local government.

11(3)Nothing in subsection (2) limits a first council’s ability to act under subsection 35(6), (10) or (11) of the Local Governance Act from the time of taking the oath of office or making the affirmation of office until December 31, 2022, inclusive, but, in the event of a conflict, an action taken by the Minister under subsection (2) prevails until that date.

11(4)On January 1, 2023, any action taken by the Minister under subsection (2) in relation to a restructured local government shall be deemed to have been validly done by the council of that restructured local government.

2022, c.31, s.1; 2022, c.38, s.2

First elections in restructured local governments

12(1)From the commencement of this section until December 31, 2022, inclusive, despite any inconsistency with a provision of the Local Governance Act, this section applies to a first election that is required to be held as a result of

(a) the incorporation or amalgamation of a local government effected in a regulation referred to in subsection 9(1), and

(b) the annexation of a contiguous area to a local government effected in a regulation referred to in subsection 9(1) that results in an increase of more than 50% in the population of the residents of the local government.

12(2)Subject to this section, the provisions of the Local Governance Act apply to a first election referred to in subsection (1).

12(3)A first election referred to in subsection (1) shall be held on November 28, 2022, and, for the purposes of the Municipal Elections Act, shall be deemed to be a general election.

12(4)The Municipal Electoral Officer may change the polling divisions determined under subsection 10(1) of the Municipal Elections Act and revise the list of polling divisions prepared under subsection 10(2) of the Municipal Elections Act to provide for any revised polling divisions that are necessary for the conduct of a first election referred to in subsection (1).

12(5)The close of nominations for a first election referred to in subsection (1) shall be determined in accordance with paragraph 15(1)(a) of the Municipal Elections Act.

12(6)A person who, on the day of a first election referred to in subsection (1), is ordinarily resident within the territorial limits of the restructured local government, shall be deemed to be ordinarily resident in a municipality for the purposes of paragraph 13(1)(b) of the Municipal Elections Act.

12(7)A person elected to an office on a council in a first election referred to in subsection (1) shall accept the office by taking the oath of office or making the affirmation of office under subsection 58(1) of the Local Governance Act on or before the first meeting of council.

By-elections in restructured local governments

13(1)In this section, “affected local government” means a local government resulting from an annexation effected in a regulation referred to in subsection 9(1), that results in an increase of between 15% and 50%, inclusive, in the population of the residents of the local government.

13(2)A by-election shall be held in an affected local government in order to fill the vacancies created by an increase in the number of members of its council, and, except as provided under this section or in a regulation referred to in subsection 9(1), the Municipal Elections Act applies and the by-election shall be held in accordance with the Municipal Elections Act.

13(3)Subject to this section, the provisions of the Local Governance Act apply to a by-election referred to in subsection (2).

13(4)A by-election referred to in subsection (2) shall be held on November 28, 2022, and, for the purposes of the Municipal Elections Act, shall be deemed to be a general election.

13(5)From the commencement of this section until December 31, 2022, inclusive, the members of a council of an affected local government shall continue to hold office and the council shall continue to exercise its powers in relation to the day-to-day activities of the affected local government.

13(6)From the commencement of this section until December 31, 2022, inclusive, an increase in the number of members of a council of an affected local government in a regulation referred to in subsection 9(1)

(a) does not result in a vacancy in the council, and

(b) shall not be used for the purpose of calculating the number of members of council that constitute a quorum.

13(7)The Municipal Electoral Officer may change the polling divisions determined under subsection 10(1) of the Municipal Elections Act and revise the list of polling divisions prepared under subsection 10(2) of the Municipal Elections Act to provide for any revised polling divisions that are necessary for the conduct of a by-election referred to in subsection (2).

13(8)The close of nominations for a by-election referred to in subsection (2) shall be determined in accordance with paragraph 15(1)(a) of the Municipal Elections Act.

13(9)A person who, on the day of a by-election referred to in subsection (2), is ordinarily resident within the territorial limits of the affected local government, shall be deemed to be ordinarily resident in a municipality for the purposes of paragraph 13(1)(b) of the Municipal Elections Act.

13(10)A person is not qualified to be a candidate in a by-election referred to in subsection (2) unless the person has been resident within the territorial limits of the affected local government for at least six months immediately before the by-election.

13(11)If a by-election is held in an affected local government that is divided into wards, a person is not qualified to be a candidate for the office of councillor for a ward unless the person is resident in the ward, as that ward is described under the regulation referred to in subsection 9(1), at the time of the person’s nomination.

13(12)Despite subsection 12(1) and subsection (2), if the council of each local government affected by an amalgamation effected in a regulation referred to in subsection 9(1) passes a resolution requesting that the Minister authorize the holding of a by-election in the local government resulting from the amalgamation, the Minister may, if the Minister considers it advisable, authorize the holding of a by-election in accordance with this section.

2022, c.31, s.1

Continuing local governments

14(1)This section applies only to local governments that are not restructured local governments.

14(2)Despite any inconsistency with the provisions of the Local Governance Act, on the commencement of this section, the Lieutenant-Governor in Council may make regulations effecting the continuance of a local government that had been incorporated or continued in a regulation made under the Municipalities Act, chapter M-22 of the Revised Statutes, 1973, and section 31 or 32 of the Local Governance Act, or both sections, apply to the continuance.

14(3)Despite any inconsistency with the provisions of the Local Governance Act, a regulation referred to in subsection (2) shall be deemed to have been validly made under section 22, 24, 25 or 26 of that Act, as the case may be, and shall, for the purposes of that Act, be deemed to be a regulation that effects an incorporation, amalgamation, annexation or a decrease in territorial limits.

14(4)Despite section 46 of the Local Governance Act, a local government that is divided into wards in a regulation referred to in subsection (2) may make a by-law under section 42 of the Local Governance Act that divides the local government into wards without waiting for the expiry of four years after the date the regulation is made.

Establishing rural districts

15(1)From the commencement of this section until August 31, 2022, inclusive, despite any inconsistency with the provisions of the Local Governance Act, the Lieutenant-Governor in Council may make regulations establishing rural districts, prescribing their names, outlining their territorial limits, dividing them into wards and, subject to subsection (2), prescribing the number of members on rural district advisory committees.

15(2)A rural district advisory committee shall consist of not fewer than three members and not more than six members.

15(3)The effective date of the establishment of a rural district in a regulation referred to in subsection (1) shall be January 1, 2023.

15(4)The establishment of a rural district effected in a regulation referred to in subsection (1) shall be deemed to have been validly done under the Local Governance Act and, subject to this section, the provisions of that Act apply to the establishment.

15(5)On January 1, 2023, a regulation referred to in subsection (1) shall be deemed to have been made under section 176.1 of the Local Governance Act.

First elections in rural districts

16(1)Despite any inconsistency with the provisions of the Local Governance Act, the first election for a rural district advisory committee for an established rural district shall be held on November 28, 2022, and, for the purposes of the Municipal Elections Act, shall be deemed to be a general election.

16(2)Except for provisions inconsistent with this section and provisions relating to by-elections, the provisions of the Municipal Elections Act and the regulations under the Municipal Elections Act, excluding Part 2 of that Act and the regulations made under that Part, are adopted for the purposes of and apply with the necessary modifications to a first election referred to in subsection (1).

16(3)If in a provision of the Municipal Elections Act or the regulations under that Act, as adopted under subsection (2), the word “council” or “municipality” is found, for the purposes of this section the words “rural district advisory committee” or “rural district” respectively shall be substituted.

16(4)The Municipal Electoral Officer may determine the polling divisions for an established rural district and prepare the list of polling divisions to provide for the polling divisions that are necessary for the conduct of a first election referred to in subsection (1).

16(5)The close of nominations for a first election referred to in subsection (1) shall be determined in accordance with paragraph 15(1)(a) of the Municipal Elections Act.

16(6)A person who is ordinarily resident within the territorial limits of an established rural district on the day of a first election referred to in subsection (1) shall be deemed to have satisfied the requirements of paragraph 13(1)(b) of the Municipal Elections Act.

16(7)Subject to subsection (8), a person who is qualified to vote in a first election referred to in subsection (1) is qualified to be a candidate in that election.

16(8)The following persons are not qualified to be candidates in a first election referred to in subsection (1) or to hold office as a member of a rural district advisory committee:

(a) a judge of The Court of Appeal of New Brunswick;

(b) a judge of The Court of Queen’s Bench of New Brunswick;

(d) an employee in the Local Government and Local Governance Reform Division of the Department of Environment and Local Government; and

(e) an election officer for the election.

16(9)A person elected to an office on a rural district advisory committee in a first election referred to in subsection (1) shall accept the office by taking the oath of office or making the affirmation of office under subsection 58(1) of the Local Governance Act on or before the first meeting of the advisory committee.

16(10)A person who violates or fails to comply with an adopted provision that is listed in Column I of Schedule A of the Municipal Elections Act commits an offence under this Act.

16(11)For the purposes of Part 2 of the Provincial Offences Procedure Act, each offence referred to in subsection (10) is punishable as an offence of the category listed in Column 2 of Schedule A of the Municipal Elections Act beside the section number of the adopted provision to which the offence relates.

16(12)For the purposes of subsections (10) and (11), “adopted provision” means a provision of the Municipal Elections Act that is adopted with the necessary modifications under this section, or is adopted as modified under this section, as the case may be.

Local service district advisory committees abolished

17(1)On December 31, 2022, all local service district advisory committees elected in accordance with section 169 of the Local Governance Act are abolished.

17(2)Despite section 170 of the Local Governance Act, the term of office of a member of a local service district advisory committee abolished under subsection (1) shall expire on December 31, 2022.

17(3)All contracts, agreements and orders relating to allowances, fees, salaries, expenses, compensation or remuneration to be paid to a member of a local service district advisory committee that is abolished under subsection (1) are void.

17(4)Despite the provisions of any contract, agreement or order, no allowance, fee, salary, expenses, compensation or remuneration shall be paid to a member of a local service district advisory committee abolished under subsection (1).

17(5)No action, application or other proceeding lies or shall be instituted against the Crown in right of the Province as a result of the abolition of a local service district advisory committee under subsection (1) or the expiration of the term of office a member of a local service district advisory committee under subsection (2).

By-elections in 2022 – vacancies in councils of local governments

18(1)Subject to subsection (2), despite section 51 of the Local Governance Act, by-elections to fill vacancies in councils of local governments shall not be held in 2022.

18(2)The Municipal Electoral Officer may hold a by-election in conjunction with the elections held on November 28, 2022, to fill a vacancy in a council of a local government in any of the circumstances described in subsection 50(1) of the Local Governance Act, and, for the purposes of the Municipal Elections Act, the by-election shall be deemed to be a general election.

18(3)The Municipal Electoral Officer may change the polling divisions determined under subsection 10(1) of the Municipal Elections Act and revise the list of polling divisions prepared under subsection 10(2) of the Municipal Elections Act to provide for any revised polling divisions that are necessary for the conduct of a by-election referred to in subsection (2).

18(3.1)A person who, on the date of the by-election under subsection (2), is ordinarily resident within the territorial limits of a restructured local government shall be deemed to be ordinarily resident in a municipality for the purposes of paragraph 13(1)(b) of the Municipal Elections Act.

18(4)The close of nominations for a by-election referred to in subsection (2) shall be determined in accordance with paragraph 15(1)(a) of the Municipal Elections Act.

18(5)If, by reason of this section, a vacancy in a council of a local government is not filled and a quorum cannot be constituted, the Minister may reduce the council’s quorum requirements

(a) until the vacancy is filled in a by-election held under subsection (2), in the case of a local government that is not a restructured local government, or

(b) until January 1, 2023, in the case of a restructured local government.

2022, c.31, s.1

Revocation of appointments of municipal returning officers

19(1)On February 1, 2022, the appointments of the municipal returning officers appointed under subsection 6(1) of the Municipal Elections Act are revoked.

19(2)All contracts, agreements and orders relating to allowances, fees, salaries, expenses, compensation or remuneration to be paid to a municipal returning officer whose appointment is revoked under subsection (1) are void.

19(3)Despite the provisions of any contract, agreement or order, no allowance, fee, salary, expenses, compensation or remuneration shall be paid to a municipal returning officer whose appointment is revoked under subsection (1).

19(4)No action, application or other proceeding lies or shall be instituted against the Crown in right of the Province as a result of the revocation of the appointment of a municipal returning officer under subsection (1).

General election to be held in 2026

20(1)Despite subsection 1(4) of An Act Respecting Elections in 2020, the next general election required to be held under subsection 54(1) of the Local Governance Act shall be held on May 11, 2026.

20(2)Despite subsections 36.7(1) and (3) of the Education Act but subject to subsection 36.7(4) of that Act, the term of office of a councillor of a District Education Council in office on the commencement of this section ends on June 30, 2026.

20(3)Despite subsection 36.7(3) of the Education Act but subject to subsection 36.7(4) of that Act, the term of office of a person appointed as a councillor of a District Education Council from the commencement of this section until May 10, 2026, inclusive, shall end on June 30, 2026.

Roads, streets or highways in restructured local governments

21A road, street or highway that is under the control of the Minister of Transportation and Infrastructure immediately before January 1, 2023, that on and after that date is located within the territorial limits of a restructured local government, remains under the control of the Minister of Transportation and Infrastructure and does not vest in the restructured local government as a result of this Act.

Amendments to descriptions of regional service commission regions

22(1)From the commencement of this section until December 31, 2022, inclusive, despite any inconsistency with the provisions of the Regional Service Delivery Act or the regulations under that Act, the Lieutenant-Governor in Council may make regulations amending the descriptions of regions established for the purposes of that Act.

22(2)An amendment to a description of a region effected in a regulation referred to in subsection (1), shall be deemed to be an amendment to the boundaries of a region for the purposes of paragraph 2(2)(a) of the Regional Service Delivery Act, and shall be deemed to be validly done under that Act and, subject to this section, the provisions of that Act apply to the amendment.

22(3)The effective date of an amendment to the description of a region effected in a regulation referred to in subsection (1) shall be January 1, 2023.

Land use planning services in restructured local governments

23If a local government that was being provided a land use planning service by or through a regional service commission immediately before January 1, 2023, is amalgamated with another local government that was providing its own land use planning service immediately before January 1, 2023, the restructured local government may, on and after January 1, 2023, provide its own land use planning service and the requirements of subsection 25(2) of the Regional Service Delivery Act do not apply to that restructured local government.

Appointments and contracts in support of the expanded mandate of regional service commissions

24(1)The expanded mandate of a regional service commission is

(a) to develop and implement a regional strategy,

(b) to undertake activities related to regional economic development, regional community development and regional tourism promotion,

(c) to identify regional sport, recreational and cultural infrastructure and to coordinate the apportionment of costs for that infrastructure,

(d) to establish a public safety committee to exchange information and discuss resource sharing and joint planning by its members in relation to policing services, fire protection services and emergency measures planning services, and

(e) to provide or facilitate the provision of the common service of regional transportation to its members.

24(2)From the commencement of this section until December 31, 2022, inclusive, and despite any inconsistency with the provisions of the Regional Service Delivery Act, the Minister may

(a) appoint a Chief Executive Officer for a regional service commission and establish the terms and conditions of the Chief Executive Officer’s appointment,

(b) contract with any person that the Minister considers necessary to assist a regional service commission to fulfil its expanded mandate,

(d) identify the sport, recreational and cultural infrastructure in a region and the sport, recreational and cultural infrastructure that will be required in a region in the future, and if, after making an assessment, the Minister determines that the members of a region shall contribute to the costs of any of the identified infrastructure, the Minister shall coordinate the apportionment of those costs among the members.

24(3)Despite any inconsistency with the provisions of the Regional Service Delivery Act, if the Minister appoints a Chief Executive Officer for a regional service commission under paragraph (2)(a), the Executive Director appointed under section 13 of the Regional Service Delivery Act for that regional service commission shall be subject to the direction of the Chief Executive Officer.

24(4)A person appointed as a Chief Executive Officer under paragraph (2)(a) may, on behalf of a regional service commission,

(a) employ any person that the Chief Executive Officer considers necessary, including a planning director, to ensure the provision of services under the Regional Service Delivery Act or to otherwise fulfil the expanded mandate of the regional service commission, and

(b) on the terms approved by the board of directors of the regional service commission, contract with any person that the Chief Executive Officer considers necessary to ensure the provision of services under the Regional Service Delivery Act or to otherwise fulfil the expanded mandate of the regional service commission.

24(5)On January 1, 2023, and despite any inconsistency with the provisions of the Regional Service Delivery Act, any action taken by the Minister under subsection (2) shall be deemed to have been validly done by the relevant regional service commission under the powers vested in the Commission under that Act.

2022, c.31, s.1

Planning directors who are not registered professional planners continue in office

25(1)From January 1, 2023, to December 31, 2023, inclusive, and despite any inconsistency with the provisions of the Community Planning Act, a person appointed as a planning director by a council of a local government under subsection 10(1) of that Act who is not a registered professional planner and who holds that office on December 31, 2022, shall be deemed to have been validly appointed.

25(2)A person referred to in subsection (1) is required to become a registered professional planner no later than January 1, 2024, and if the person fails to do so, the person shall cease to hold office as a planning director.

Municipal plans and rural plans continue to be valid

26(1)Despite any inconsistency with the provisions of the Community Planning Act, a municipal plan, a rural plan for a village or a rural plan for a rural community that was adopted before January 1, 2023, that was not prepared under the direction of a registered professional planner, or for which such a person had not certified its content as complying with the provisions of the Community Planning Act and the regulations under that Act, shall be deemed to have been validly adopted under that Act.

26(2)From January 1, 2023, to December 31, 2023, inclusive, and despite any inconsistency with the Community Planning Act, a council of a local government who has appointed a person referred to in subsection 25(1), is not required to have the content of its municipal plan, rural plan for a village or rural plan for a rural community, as the case may be, or an amendment to any of them, certified as complying with the provisions of the Community Planning Act and the regulations under that Act by a registered professional planner.

Adoption of municipal plans or rural plans

27(1)The amendments made to the Community Planning Act under subsections 1(22) and (33) and paragraph 1(43)(a) of this Act, apply only to restructured local governments.

27(2)For greater certainty, the council of a local government that is not a restructured local government is required to make a by-law adopting a municipal plan, a rural plan for a village, or a rural plan for a rural community, as the case may be, no later than January 1, 2023, in accordance with subsection 21(1), 33(1) or 44(1) of the Community Planning Act, as the subsection exists on the commencement of this section.

Processing of requests under the Community Planning Act

27.1(1)This section applies to the following applications and requests submitted with respect to a service provided by the Minister of Local Government and Local Governance Reform or a regional service commission, as the case may be, in a local service district:

(a) an application received by a commission under paragraph 53(2)(i) of the Community Planning Act to authorize a development that is otherwise prohibited;

(b) a request received by a commission under section 55 of the Community Planning Act to authorize a use or a variance; and

(c) an application received by the Minister under section 59 of the Community Planning Act to amend provisions related to zoning.

27.1(2)Despite any inconsistency with the provisions of the Community Planning Act, if an application under paragraph (1)(a) or a request under paragraph (1)(b) is made before January 1, 2023, but the regional service commission determines that it is not able to process it before that date, the commission may

(a) deny the application or request, as the case may be, and reimburse all fees received for processing and considering the application or request under the Fees Regulation – Community Planning Act, or

(b) refer the application or request, as the case may be, to the restructured local government that would otherwise receive it, if any, had it been made on or after January 1, 2023, and remit to the local government the fees referred to in paragraph (a), in which case the local government shall process the application or request.

27.1(3)Despite any inconsistency with the provisions of the Community Planning Act, if an application under paragraph (1)(c) is made before January 1, 2023, but the Minister of Local Government and Local Governance Reform determines that the Minister is not able to process the application before that date, the Minister may

(a) deny the application and request that the relevant regional service commission reimburse the applicant for all fees received for processing and considering the application under subsection 52(9) of the Community Planning Act, or

(b) refer the application to the restructured local government that would otherwise receive the application, if any, had the application been made on or after January 1, 2023, and request that the relevant regional service commission remit to the local government the fees referred to in paragraph (a), in which case the local government shall process the application.

2022, c.31, s.1

By-laws under the Edmundston Act, 1998

28(1) Subject to subsection (2), a by-law made under the authority of section 24 of the Edmundston Act, 1998, chapter E-1.111 of the Acts of New Brunswick, 1998, that is in force immediately before January 1, 2023, shall be deemed to have been made under the Local Governance Act and is valid and continues in force until amended or repealed.

28(2)If a conflict exists between a by-law referred to in subsection (1) and the provisions of the Local Governance Act or any other Act of the Legislature or any regulation made under any of those Acts, the provisions of those Acts or of those regulations, as the case may be, prevail.

Immunity

29No action, application or other proceeding lies or shall be instituted against any of the following persons for anything done or purported to be done in good faith in the exercise or performance or the intended exercise or performance of a power or duty under this Part or for any neglect or default in the exercise or performance in good faith of a power or duty under this Part:

(a) the Crown in right of the Province;

(b) a Minister of the Crown;

(d) a person appointed under subsection 10(1) or paragraph 24(2)(a); and

(e) a person acting under or who has acted under the authority of this Part or the instructions of a person referred to in paragraph (b), (c) or (d).

CONSEQUENTIAL AMENDMENTS

Agricultural Land Protection and Development Act

30Section 1 of the Agricultural Land Protection and Development Act, chapter A-5.11 of the Acts of New Brunswick, 1996, is amended in the definition “land use control law” by striking out “regional plan” and substituting “regional land use plan”.

Building Code Administration Act

31(1)Section 1 of the Building Code Administration Act, chapter 8 of the Acts of New Brunswick, 2020, is amended

(a) by repealing the definition “local service district”;

(b) by adding the following definition in alphabetical order:

“rural district” means rural district as defined in subsection 1(1) of the Local Governance Act.(district rural)

31(2)Paragraph 6(b) of the Act is repealed and the following is substituted:

(b) a development officer has granted an approval with respect to the work under subsection 108(0.1) of the Community Planning Act; and

31(3)Subsection 22(2) of the Act is amended in the portion preceding paragraph (a) by striking out “local service districts” and substituting “rural districts”.

Regulation under the Building Code Administration Act

32New Brunswick Regulation 2021-2 under the Building Code Administration Act is amended

(a) in the heading “REQUIREMENTS APPLICABLE TO LOCAL GOVERNMENTS THAT HAVE NOT MADE A BUILDING BY-LAW AND TO LOCAL SERVICE DISTRICTS” preceding section 13 by striking out “LOCAL SERVICE DISTRICTS” and substituting “RURAL DISTRICTS”;

(b) in section 13 by striking out “local service districts” and substituting “rural districts”.

Regulation under the Clean Environment Act

33Paragraph 50.54(a) of New Brunswick Regulation 2008-54 under the Clean Environment Act is amended by striking out “local service district” and substituting “rural district”.

Clean Water Act

34Section 1 of the Clean Water Act, chapter C-6.1 of the Acts of New Brunswick, 1989, is amended in the definition “local government” by striking out “local service district” and substituting “rural district”.

Regulation under the Combat Sport Act

35New Brunswick Regulation 2014-131 under the Combat Sport Act is amended

(a) in section 2

(i) by repealing the definition “local service district”;

(ii) by adding the following definition in alphabetical order:

“rural district” means a rural district as defined in subsection 1(1) of the Local Governance Act.(district rural)

(b) in section 3

(i) in paragraph (3)(a) by striking out “local service district” and substituting “rural district”;

(ii) in paragraph (4)(b) by striking out “local service district” and substituting “rural district”.

Days of Rest Act

36(1)Subsection 7.1(2) of the Days of Rest Act, chapter D-4.2 of the Acts of New Brunswick, 1985, is amended by striking out “section 174” and substituting “section 176.81”.

36(2)Section 7.11 of the Act is amended by striking out “section 174” and substituting “section 176.81”.

36(3)Subsection 8(2) of the Act is amended by striking out “section 174” and substituting “section 176.81”.

Regulation under the Education Act

37Section 4 of New Brunswick Regulation 2001-24 under the Education Act is amended

(a) by repealing paragraph (a) and substituting the following:

(a) in the case of a local government incorporated or continued in a regulation under the Municipalities Act, chapter M-22 of the Revised Statutes, 1973, the name identified in that regulation,

(b) by adding after paragraph (a) the following:

(a.1) in the case of a local government incorporated or continued in a regulation under the Local Governance Act, the name identified in that regulation, and

Electricity Act

38Paragraph 88(2)(a) of the Electricity Act, chapter 7 of the Acts of New Brunswick, 2013, is amended by striking out “Edmundston Act, 1998,” and substituting “Edmundston Act, 1998, chapter E-1.111 of the Acts of New Brunswick, 1998,”.

Regulation under the Electricity Act

39Section 5 of New Brunswick Regulation 2015-60 under the Electricity Act is amended in paragraph (b) of the definition “local entity” by striking out “local service district” and substituting “rural district”.

Regulation under the Emergency Measures Act

40Subparagraph 4(3)(e.1)(ii) of New Brunswick Regulation 84-7 under the Emergency Measures Act is amended by striking out “local service districts” and substituting “rural districts”.

Employment Standards Act

41Subparagraph 38.9(4)(b)(ii) of the Employment Standards Act, chapter E-7.2 of the Acts of New Brunswick, 1982, is amended by striking out “local service district” and substituting “rural district”.

Firefighters’ Compensation Act

42(1)Section 1 of the Firefighters’ Compensation Act, chapter F-12.5 of the Acts of New Brunswick, 2009, is amended in the definition “firefighter” by striking out “local service district” and substituting “rural district”.

42(2)Section 45 of the Act is amended

(a) in subsection (4) by striking out “local service district” and substituting “rural district”;

(b) in paragraph (6)(b) by striking out “local service district” and substituting “rural district”.

42(3)Section 47 of the Act is amended

(a) in subsection (4) by striking out “local service district” and substituting “rural district”;

(b) in paragraph (5)(b) by striking out “local service district” and substituting “rural district”.

42(4)Subsection 54(1) of the Act is amended in the portion preceding paragraph (a) by striking out “local service districts” and substituting “rural districts”.

Heritage Conservation Act

43(1)Subparagraph 45(1)(b)(ii) of the Heritage Conservation Act, chapter H-4.05 of the Acts of New Brunswick, 2010, is amended by striking out “local service district” and substituting “rural district”.

43(2)Section 62 of the Act is amended by striking out “regional plan” and substituting “regional land use plan”.

Lobbyists’ Registration Act

44Paragraph 4(1)(h) of the Lobbyists’ Registration Act, chapter 11 of the Acts of New Brunswick, 2014, is amended by striking out “local service district” and substituting “rural district”.

Regulations under the Local Governance Act

45(1)Subsection 11(1) of New Brunswick Regulation 2018-19 under the Local Governance Act is amended by striking out “164(11)” and substituting “176.6(12)”.

45(2)New Brunswick Regulation 2018-72 under the Local Governance Act is amended

(a) in section 3 by striking out “local service district” and substituting “rural district”;

(b) in paragraph 5(2)(a) by striking out “local service district referred to in an order under subsection 106(6) or 161(3)” and substituting “rural district referred to in an order under subsection 106(6) or 176.41(2)”;

(c) in paragraph 7(1)(c) by striking out “subsection 106(6) or 161(3)” and substituting “subsection 106(6) or 176.41(2)”;

(d) in section 8 by striking out “subsection 106(6) or 161(3)” and substituting “subsection 106(6) or 176.41(2)”;

(e) in section 9 by striking out “subsection 106(6) or 161(3)” and substituting “subsection 106(6) or 176.41(2)”.

Regulation under the Mining Act

46Subsection 30(5) of New Brunswick Regulation 86-98 under the Mining Act is amended by striking out “local service district” and substituting “rural district”.

Regulation under the Occupational Health and Safety Act

47Section 2 of New Brunswick Regulation 91-191 under the Occupational Health and Safety Act is amended in the definition “firefighter” by striking out “local service district” and substituting “rural district”.

Pipeline Act, 2005

48Paragraph 78(1)(j) of the Pipeline Act, 2005, chapter P-8.5 of the Acts of New Brunswick, 2005, is amended by striking out “local service districts” and substituting “rural districts”.

Procurement Act

49(1)Section 7 of the Procurement Act, chapter 20 of the Acts of New Brunswick, 2012, is amended

(a) in paragraph (b) by striking out “local service district” and substituting “rural district”;

(b) in subparagraph (d)(i) by striking out “local service district” and substituting “rural district”.

49(2)Section 16 of the Act is amended

(a) in paragraph (c) by striking out “local service district” and substituting “rural district”;

(b) in subparagraph (e)(i) by striking out “local service district” and substituting “rural district”.

Property Act

50Subsection 26(1) of the Property Act, chapter P-19 of the Revised Statutes, 1973, is amended by striking out “local service district” and substituting “rural district”.

Regional Development Corporation Act

51Section 5 of the Regional Development Corporation Act, chapter 216 of the Revised Statutes 2011, is amended

(a) by repealing paragraph (d) and substituting the following:

(d) to assist local governments and regional service commissions in planning and developing works or projects of benefit to the general public, and

(b) by repealing paragraph (e);

Regulation under the Regional Health Authorities Act

52Subsection 6(2) of New Brunswick Regulation 2012-7 under the Regional Health Authorities Act is amended

(a) in paragraph (a.1) of the English version by striking out the semicolon at the end of the paragraph and substituting “; and”;

(b) by repealing paragraph (b).

Regulations Act

53Section 1 of the Regulations Act, chapter 218 of the Revised Statutes, 2011, is amended by repealing the definition “local authority” and substituting the following:

“local authority” means a local government or rural district and includes every board of police commissioners and other board, commission, committee, body or other authority established or exercising any powers or authority under an Act with respect to any of the affairs or purposes of a local government or rural district. (autorité locale)

Right to Information and Protection of Privacy Act

54Section 1 of the Right to Information and Protection of Privacy Act, chapter R-10.6 of the Acts of New Brunswick, 2009, is amended

(a) in paragraph (i) of the definition “head” by striking out “local service district” and substituting “rural district”;

(b) in paragraph (b) of the definition “local government body” by striking out “local service district” and substituting “rural district”.

Service New Brunswick Act

55Section 24 of the Service New Brunswick Act, chapter 44 of the Acts of New Brunswick, 2015, is amended

(a) in subsection (1) by striking out “local service districts” wherever it appears and substituting “rural districts”;

(b) in subsection (2)

(i) in paragraph (a) by striking out “local service districts” and substituting “rural districts”;

(ii) in paragraph (b) by striking out “local service district” and substituting “rural district”;

REPEALS AND COMMENCEMENT

Repeal of the Edmundston Act, 1998

56The Edmundston Act, 1998, chapter E-1.111 of the Acts of New Brunswick, 1998, is repealed.

Repeal of regulations under the Municipalities Act

57(1)New Brunswick Regulation 84-168 under the Municipalities Act, chapter M-22 of the Revised Statutes, 1973, is repealed.

57(2)New Brunswick Regulation 85-6 under the Municipalities Act, chapter M-22 of the Revised Statutes, 1973, is repealed.

57(3)New Brunswick Regulation 2005-95 under the Municipalities Act, chapter M-22 of the Revised Statutes, 1973, is repealed.

57(4)New Brunswick Regulation 2005-96 under the Municipalities Act, chapter M-22 of the Revised Statutes, 1973, is repealed.

Repeal of regulation under the Regional Service Delivery Act

58New Brunswick Regulation 2012-91 under the Regional Service Delivery Act is repealed.

Commencement

59(1)Subject to subsection (2) and (3), Parts 1 and 3, section 56, subsections 57(1) and (2) and section 58 of this Act come into force on January 1, 2023.

59(2)Subsections 1(108) and (109) and subsections 4(59) and (60) of this Act shall be deemed to have come into force on January 1, 2018.

59(3)Subsection 4(27) of this Act comes into force on June 30, 2022.

2022, c.31, s.1