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Under subsection 190.09(1) of the Municipalities Act, the Lieutenant-Governor in Council, on the recommendation of the Minister, makes the following Regulation:

Citation

1This Regulation may be cited as the Rural Community Administration Regulation - Municipalities Act.

Definitions

2The following definitions apply in this Regulation.

“Act” means the Municipalities Act. (Loi)

“assistant clerk” means an assistant clerk appointed under subsection 190.077(3) of the Act. (greffier-adjoint)

“assistant treasurer” means an assistant treasurer appointed under subsection 190.077(3) of the Act. (trésorier-adjoint)

“auditor” means an auditor appointed under subsection 190.077(2) of the Act or subsection 19(6). (vérificateur)

“treasurer” means a treasurer appointed under subsection 190.077(2) of the Act. (trésorier)

Rural community mayor

3(1)A rural community mayor shall

(a) preside at all meetings of the rural community council, except as provided for otherwise in a procedural by-law enacted under subsection 190.079(2) of the Act,

(b) provide leadership to the rural community council,

(c) communicate information and recommend actions to the rural community council for the improvement of the rural community’s finances, administration and government,

(d) speak on issues of concern to the rural community on behalf of the rural community council, and

(e) perform any other duties conferred upon him or her by this Regulation, the Act, any other Act or by the rural community council.

3(2)Notwithstanding subsection (1), a rural community mayor is subject to the direction and control of the rural community council and shall abide by the decisions of the council.

Rural community deputy mayor

4(1)A rural community council shall elect a rural community deputy mayor from among the rural community councillors.

4(2)In the absence or inability of the rural community mayor to act, or if the office of rural community mayor is vacant, the rural community deputy mayor shall act in the place of the rural community mayor, and while so acting, he or she possesses the powers and shall perform the duties of the rural community mayor.

Rural community councillor

5A rural community councillor shall

(a) consider the welfare and interests of the entire rural community when making decisions,

(b) bring to the attention of the rural community council matters that may promote the welfare or interests of the rural community,

(c) participate in developing and evaluating the policies and programs of the rural community,

(d) participate in meetings of the rural community council, its committees and any other body to which he or she is appointed by the rural community council, and

(e) perform any other duties conferred upon him or her by this Regulation, the Act, any other Act or by the rural community council.

Elections

6If a first election is held for a rural community under paragraph 190.073(1)(d) of the Act within one year before a date fixed for a quadrennial election, the second election for that rural community shall be held at the second quadrennial election following the first election.

Acceptance of office

Repealed: 2018-62

2018-62

7Repealed: 2018-62

2018-62

Resignation of office

8A member of a rural community council may resign from office by filing his or her resignation in writing with the rural community clerk.

Vacancies on council

9(1)A vacancy results in a rural community council when

(a) fewer candidates than are required for office are nominated,

(b) a member resigns from office,

(c) a member dies while in office,

(d) a member is convicted of

(i) an offence punishable by imprisonment for 5 or more years, or

(ii) an offence under section 122, 123, 124 or 125 of the Criminal Code (Canada),

(e) Repealed: 2018-62

(f) a member ceases to be a resident of the rural community,

(g) except in the case of illness or by leave of the rural community council, a member is

(i) absent from the rural community for more than 2 months at one time, or

(ii) absent from 4 or more consecutive regular meetings of the rural community council, or

(h) a member has been disqualified or declared incapable of holding office under this regulation, the Act or any other Act.

9(2)A vacancy does not result where the number of members of a rural community council is increased under section 28 or 29 of the Act.

9(3)Subject to subsections (5) and (6), a rural community council shall by resolution within 2 months from the date that a vacancy arises under paragraph (1)(b), (c), (d), (e), (f), (g) or (h) declare the vacancy, and within 10 days of the declaration, the rural community clerk shall forward a certified copy of the resolution to the Municipal Electoral Officer, who shall hold a by-election to fill the vacancy.

9(4)Subject to subsection (5), if as a result of a vacancy in a rural community council arising under paragraph (1)(b), (c), (d), (e), (f), (g) or (h) a quorum can no longer be constituted, the Minister shall declare the vacancy, and within 10 days of the declaration, the rural community clerk shall forward a certified copy of the declaration to the Municipal Electoral Officer, who shall hold a by-election to fill the vacancy.

9(5)Subsections (3) and (4) do not apply to a resignation provided for in subsection (8).

9(6)The Municipal Electoral Officer shall declare each vacancy resulting under paragraph (1)(a) and shall hold a by-election to fill it.

9(7)A by-election shall not be held during the 12 months immediately preceding the date of a quadrennial election provided that this subsection shall not prevent a by-election from being held during the 12 months immediately preceding the date of the first quadrennial election referred to in section 6 to fill a vacancy in a rural community council to which that section applies.

9(8)Before a member of a rural community council may file nomination papers for any other office of council in a by-election, the member shall resign his or her office as a member not less than 21 days before the day fixed for the close of nominations and shall without delay send notice of the resignation to the Municipal Electoral Officer.

9(9)The Municipal Electoral Officer shall, upon receipt of the resignation notice referred to in subsection (8) and without delay, declare a vacancy and call for nominations to fill the vacancy so that the vacancy may be filled at the time of the by-election mentioned in subsection (8).

2018-62

Reduction of quorum by Minister

10(1)If a quorum cannot be constituted due to a vacancy in a rural community council under paragraph 9(1)(a), the Minister may reduce the rural community council’s quorum requirements until the vacancy is filled by a by-election under subsection 9(6).

10(2)If, after the Municipal Electoral Officer has given 2 Notices of Election for a by-election, there are still insufficient members for a quorum to be constituted, the reduction in quorum requirements under subsection (1) shall remain in place until the next quadrennial election.

Reduction of council composition by Minister

11(1)If by reason of paragraph 9(1)(a) a vacancy in a rural community council exists and the vacancy remains after the Municipal Electoral Officer has given 2 Notices of Election for a by-election, the Minister may reduce the composition of the rural community council by the number of vacancies on the council.

11(2)The Minister shall file a reduction in council composition under subsection (1) with the Municipal Electoral Officer, and the reduction shall remain in place until the composition of the rural community council is changed by a by-law under section 28 or 29 of the Act.

Remuneration

12A rural community council, by a by-law approved by a majority of those voting, may provide for the payment to the rural community mayor and rural community councillors of

(a) annual salaries in amounts specified in the by-law, and

(b) additional amounts specified in the by-law as allowances for expenses incidental to the discharge of their duties as rural community mayor and rural community councillors.

First meeting of council

13(1)A rural community clerk may fix a date for the first meeting of a rural community council which date

(a) shall not be earlier than the expiration of the 10-day period referred to in subsection 42(1) of the Municipal Elections Act following the rural community council’s election, and

(b) shall not be later than June 15 following the rural community council’s election.

13(2)If a rural community clerk does not fix a date for the first meeting of a rural community council under subsection (1), the first meeting of the rural community council shall be held on the fourth Monday of May following its election.

Meetings of council

14(1)A rural community council shall hold at least 4 regular meetings in each year.

14(2)Quorum for a meeting of a rural community council is a majority of the full number of members of the rural community council, which number shall be determined by reference to the composition of the rural community council established under subparagraph 190.073(1)(d)(i) of the Act, as amended by a by-law under section 28 or 29 of the Act.

14(3)Unless disqualified to vote by reason of interest or otherwise on a by-law, resolution, motion or for any other purpose, each member present at a meeting of a rural community council, including the rural community mayor, shall announce his or her vote openly and individually, and the rural community clerk shall record it, and no vote shall be taken by ballot or by any other method of secret voting, and every vote so taken is of no effect.

14(4)Notwithstanding subsection (3), a rural community may, in a procedural by-law enacted under subsection 190.079(2) of the Act, provide that the rural community mayor shall not vote except to have a casting vote in the event of a tie.

14(5)Subject to subsection (9), all regular and special meetings of a rural community council shall be open to the public.

14(6)All decisions of a rural community council shall be

(a) made in a regular or special meeting of the rural community council, and

(b) adopted by a by-law or resolution of the rural community council.

14(7)No act or decision of a rural community council is valid unless it is authorized or adopted by a by-law or resolution at a rural community council meeting.

14(8)Subject to subsection (9), all meetings of a committee of a rural community council shall be open to the public.

14(9)If it is necessary at a meeting of a rural community council or a committee of a rural community council to discuss any of the following matters, the public may be excluded from the meeting for the duration of the discussion:

(a) information the confidentiality of which is protected by law;

(b) personal information;

(c) information that could cause financial loss or gain to a person or the rural community or could jeopardize negotiations leading to an agreement or contract;

(d) the proposed or pending acquisition or disposition of land for a rural community purpose;

(e) information that could violate the confidentiality of information obtained from the Government of Canada or from the Province;

(f) information concerning legal opinions or advice provided to the rural community by a solicitor for the rural community or privileged communications as between solicitor and client in a matter of rural community business;

(g) litigation or potential litigation affecting the rural community or any of its agencies, boards or commissions, including a matter before an administrative tribunal;

(h) the access to or security of particular buildings, other structures or systems, including computer or communication systems, or the access to or security of methods employed to protect such buildings, other structures or systems;

(i) information gathered by police, including the Royal Canadian Mounted Police, in the course of investigating any illegal activity or suspected illegal activity, or the source of the information; or

(j) labour and employment matters, including the negotiation of collective agreements.

14(10)If a meeting of a committee of council is closed to the public under subsection (9), no decisions shall be made at the meeting except for decisions related to

(a) procedural matters,

(b) directions to an officer of the rural community, or

(c) directions to a solicitor for the rural community.

14(11)If a meeting is closed to the public under subsection (9), a record shall be made containing only the following:

(a) the type of matter under subsection (9) that was discussed during the meeting; and

(b) the date of the meeting.

14(12)The record made under subsection (11) shall be available for examination by the public in the office of the rural community clerk during regular office hours.

Rural community clerk

15A rural community clerk is the clerk of the rural community council and shall

(a) attend all meetings of the rural community council and record in a book

(i) the names of the members of the rural community council present at the meeting, and

(ii) all resolutions, decisions and proceedings of the rural community council, without note or comment,

(b) if required by any member of the rural community council present, record the name and vote of every member voting on a question,

(c) keep the books, documents and records of the rural community council and the originals of all by-laws and resolutions,

(d) maintain an indexed register of certified copies of all by-laws of the rural community that shall be available for public inspection during regular office hours,

(e) be the custodian of the corporate seal of the rural community,

(f) if the rural community mayor and rural community deputy mayor are absent or the office of rural community mayor is vacant, call a meeting of the rural community council to select a rural community councillor to act as presiding officer of the rural community council,

(g) sign, as required under paragraph 190.075(2)(b) of the Act, all agreements, contracts, deeds and other documents to which the rural community is a party,

(h) notify all members of the rural community council of all meetings of the council, and

(i) perform such other duties as the rural community council assigns to him or her.

Assistant clerk

16The assistant clerk of a rural community is subject to the direction of the rural community clerk and, in the absence or disability of the rural community clerk or when there is no rural community clerk, has all the powers and duties of the rural community clerk.

Treasurer

17The treasurer is the chief financial and accounting officer of the rural community and shall

(a) collect and receive all money of the rural community,

(b) open one or more accounts in the name of the rural community in a chartered bank, credit union or other similar place of deposit approved by the rural community council and deposit in the accounts all money received by him or her on account of the rural community,

(c) keep such books of record and account as required by the rural community council or by any regulations under the Act,

(d) be the custodian of all books kept as required by paragraph (c) and all financial documents of the rural community,

(e) as soon as practicable after the end of each fiscal year prepare a detailed statement of the finances of the rural community and submit the same, when audited, to the rural community council,

(f) prepare and submit periodic statements to the rural community council as the council requires,

(g) ensure that the rural community is protected by insurance against risks that may involve pecuniary loss or liability on the part of the rural community,

(h) advise the rural community council and its committees on all matters relating to finance or accounting, and

(i) perform such other duties as the rural community council assigns to him or her.

Assistant treasurer

18The assistant treasurer is subject to the direction of the treasurer and, in the absence or disability of the treasurer or when there is no treasurer, has all the powers and duties of the treasurer.

Auditor

19(1)A rural community council shall appoint as an auditor of the rural community a person who is a chartered accountant or a certified general accountant.

19(2)An auditor shall perform such duties as prescribed by the rural community council.

19(3)An auditor shall complete the annual audit of a rural community by March 1 of each year.

19(4)Within 10 days after completing the annual audit of a rural community, an auditor shall transmit to the Minister a certified copy of the financial statements of the rural community together with a copy of his or her report on the financial statements.

19(5)The Minister

(a) shall cancel the appointment of an auditor who is not qualified under this section to be appointed, and

(b) may cancel the appointment of an auditor who is incapable of making a satisfactory audit.

19(6)If a rural community council fails to appoint an auditor or the appointment of an auditor is cancelled by the Minister, the Minister may appoint an auditor for the rural community, and the rural community council shall pay the fees and expenses of that auditor.

Bonding of officers and employees

20(1)A rural community shall provide by by-law for the annual bonding of the officers and employees listed in the by-law.

20(2)Repealed: 2009-27

20(3)A rural community shall pay the premiums in respect of bonds given under this section.

20(4)A rural community council shall require the production before it of every bond required under this section

(a) with respect to officers and employees who continue in office from year to year, at a meeting held not later than February 15 in each year, and

(b) with respect to a newly appointed officer or employee, at the first meeting after the officer’s or employee’s appointment.

20(5)A rural community shall provide for the safe keeping of bonds in a place where they are available for inspection by the rural community’s auditor.

20(6)The rural community’s auditor shall include in his or her annual report the information respecting bonds as is prescribed by regulation.

2009-27

Documents available to public

21(1)The following shall be available for inspection or examination by members of the public in the office of a rural community clerk during regular office hours:

(a) the adopted minutes of rural community council meetings;

(b) the audited financial statements of the rural community;

(c) the estimates adopted by the rural community under paragraph 190.081(2)(a) of the Act; and

(d) any other financial record or document prescribed by the Lieutenant-Governor in Council.

21(2)Notwithstanding subsection (1), the minutes of any meeting or portion of a meeting of a rural community council or committee of a rural community council that was closed to the public under subsection 14(9), shall not be open for inspection or examination by members of the public.

Provision or discontinuance of service by Minister

22Sections 23 to 26 apply to the provision or discontinuance of a service in the First Schedule of the Act with respect to which a rural community council has not enacted a by-law under subsection 190.079(1) of the Act.

Provision or discontinuance of service by Minister

23(1)If 25 or more residents of a rural community or a portion of a rural community who are qualified to vote under the Municipal Elections Act petition the rural community council for the provision or discontinuance of any service in the First Schedule of the Act, the rural community council shall, within 30 days after receipt of the petition,

(a) define the portion of the rural community, if applicable, where the service is to be provided or discontinued, and

(b) call a meeting of all residents of the rural community or portion of the rural community, as the case may be, who are qualified to vote under the Municipal Elections Act.

23(2)If at least 50 of the residents referred to in paragraph (1)(b) or 30% of those residents, whichever is less, attend the meeting called under paragraph (1)(b), the rural community council shall hold a vote among those attending the meeting on the provision or discontinuance of the service referred to in subsection (1), and the rural community clerk shall record the vote.

23(3)If the conditions for a meeting under subsection (2) are not met, the rural community council may adjourn the meeting to another date within 60 days after the date of the meeting.

23(4)The rural community council shall advise the Minister whether to approve or reject the provision or discontinuance of the service referred to in subsection (1), and the rural community clerk shall send to the Minister the record of the vote, proof that the conditions under subsection (2) were met and the advice of the rural community council and, where the advice is to reject the provision or discontinuance of the service, the reasons for that advice.

23(5)The Minister shall consider the petition, record of the vote and advice referred to in subsection (4), and may recommend the provision or discontinuance of the service referred to in subsection (1).

Provision or discontinuance of service by Minister

24(1)If the Minister considers that the feasibility of providing or discontinuing a service listed in the First Schedule of the Act to a rural community or a portion of a rural community ought to be explored, the Minister may request the rural community council to define the portion of the rural community, if applicable, and call a meeting of all residents of the rural community, or portion, as the case may be, who are qualified to vote under the Municipal Elections Act, and the rural community council shall do so within 60 days after the request.

24(2)If at least 50 of the residents referred to in subsection (1) or 30% of those residents, whichever is less, attend the meeting called under subsection (1), the rural community council shall hold a vote among those attending the meeting on the provision or discontinuance of the service referred to in subsection (1), and the rural community clerk shall record the vote.

24(3)If the conditions for a meeting under subsection (2) are not met, the rural community council may adjourn the meeting to another date within 60 days after the date of the meeting.

24(4)The rural community council shall advise the Minister whether to approve or reject the provision or discontinuance of the service referred to in subsection (1), and the rural community clerk shall send to the Minister the record of the vote, proof that the conditions under subsection (2) were met and the advice of the rural community council and, where the advice is to reject the provision or discontinuance of the service, the reasons for that advice.

24(5)The Minister shall consider the petition, record of the vote and advice referred to in subsection (4), and may recommend the provision or discontinuance of the service referred to in subsection (1).

Provision or discontinuance of service by Minister

25Where a meeting is held under section 23 or 24 in respect of a service, no person shall petition the rural community council for the provision or discontinuance of that service for one year after the date of the meeting.

Provision or discontinuance of service by Minister

26Where a service is discontinued under subsection 23(5) or 24(5), all liabilities associated with the provision of that service continue until discharged.

Provision of service by rural community

27When a rural community enacts a by-law under subsection 190.079(1) of the Act with respect to a service, the rural community clerk shall file a copy of the by-law with the Minister within 30 days after the by-law has been enacted.

Discontinuance of service by rural community

28(1)If a by-law under subsection 190.079(1) of the Act is or has been in force in a rural community with respect to a service, the rural community shall not discontinue providing the service unless the Lieutenant-Governor in Council approves the discontinuance in accordance with this section.

28(2)A rural community may seek the Lieutenant-Governor in Council’s approval for the discontinuance of a service under this section by submitting a request in writing to the Minister

(a) stating that the rural community intends to repeal the by-law under subsection 190.079(1) of the Act with respect to the service, and

(b) demonstrating that the rural community is no longer capable of fulfilling its service obligations with respect to the service.

28(3)On the recommendation of the Minister, the Lieutenant-Governor in Council may approve the discontinuance of a service under this section if a feasibility report concludes that the rural community is no longer capable of fulfilling its service obligations with respect to the service.

Indemnification against liability

29(1)Except in relation to an action by or on behalf of the rural community, in which case the approval of The Court of Queen’s Bench of New Brunswick must first be obtained, a rural community may indemnify a member or former member of the rural community council, an officer or former officer of the rural community, an employee or former employee of the rural community or a member or former member of a committee, board, commission or agency established by the rural community council, and his or her heirs and legal representatives, against all costs, charges and expenses, including any amount paid to settle an action or satisfy a judgment, reasonably incurred by him or her in relation to any civil, criminal or administrative action or proceeding to which he or she is made a party by reason of being or having been a member of the rural community council, an officer or employee of the rural community or a member of a committee, board, commission or agency established by the rural community council, if he or she

(a) acted honestly and in good faith with a view to the best interests of the rural community, and

(b) in the case of a criminal or administrative action or proceeding that is enforced by a monetary penalty, had reasonable grounds for believing the conduct was lawful.

29(2)Notwithstanding anything in this section, a person referred to in subsection (1) is entitled to indemnity from the rural community in relation to all costs, charges and expenses reasonably incurred in connection with the defence of any civil, criminal or administrative action or proceeding to which that person is made a party by reason of being or having been a member of the rural community council, an officer or employee of the rural community or a member of a committee, board, commission or agency established by the rural community council if the person seeking indemnity

(a) was substantially successful on the merits in defence of the action or proceeding, and

(b) fulfills the conditions set out in paragraphs (1)(a) and (b).

29(3)A rural community may purchase and maintain insurance for the benefit of any person referred to in subsection (1) against any liability incurred by that person

(a) as a member of the rural community council, an officer or employee of the rural community or a member of a committee, board, commission or agency established by the rural community council, except where the liability relates to the failure of that person to act honestly and in good faith with a view to the best interests of the rural community, and

(b) as a member of the rural community council, an officer or employee of the rural community or a member of a committee, board, commission or agency established by the rural community council where he or she acts or acted in that capacity at the rural community’s request, except where the liability relates to the failure to act honestly and in good faith with a view to the best interests of the rural community.

29(4)A rural community or a person referred to in subsection (1) may apply to The Court of Queen’s Bench of New Brunswick for an order approving an indemnity under this section, and the Court may so order and make any further order it thinks fit.

29(5)On an application under subsection (4), the Court may order notice to be given to any interested person, and that person is entitled to appear or be represented and be heard in person or by counsel.

29(6)For the purposes of this section, an employee includes a person who provides volunteer services at the request of and on behalf of a rural community.

Commencement

30This Regulation comes into force on July 15, 2005.

N.B. This Regulation is consolidated to August 30, 2022.

2005-94 - Rural Community Administration

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