Acts and Regulations

2012-109 - General

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Full text
Current to 1 January 2024
NEW BRUNSWICK
REGULATION 2012-109
under the
Regional Service Delivery Act
(O.C. 2012-416)
Filed December 21, 2012
Under section 37 of the Regional Service Delivery Act, the Lieutenant-Governor in Council makes the following Regulation:
Citation
1This Regulation may be cited as the General Regulation - Regional Service Delivery Act.
Definitions for this Regulation
2The following definitions apply in this Regulation.
“Act” means the Regional Service Delivery Act. (Loi)
“approval” means an approval that is to be issued, amended or renewed under the Air Quality Regulation - Clean Air Act or under the Water Quality Regulation - Clean Environment Act.(agrément)
“controlling interest” means beneficial ownership of, or direct or indirect control or direction over, voting shares of a public company carrying more than ten per cent of the voting rights attached to all voting shares of the company for the time being issued.(intérêt majoritaire)
“family associate” means a spouse, parent, child, brother or sister.(proche famille)
“Local Governance Commission” means the Local Governance Commission established under the Local Governance Commission Act. (Commission de la gouvernance locale)
“local service district representative” Repealed: 2021, c.44, s.7
“qualified resident” Repealed: 2021, c.44, s.7
2021, c.44, s.7; 2024-51
Definition for the Act and this Regulation
Repealed: 2021, c.44, s.7
2021, c.44, s.7
3Repealed: 2021, c.44, s.7
2021, c.44, s.7
Amendment to description of a region
2021, c.44, s.7
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.
4(2) The proponents for making an amendment referred to in subsection (1) shall prepare an impact study that includes the following:
(a) the rationale for the amendment;
(b) the council resolutions or the results of the vote supporting the amendment;
(c) a resolution of the Board of the Commission that is receiving a new member that the Commission agrees to accept the new member;
(d) whether an agreement between the Commission receiving a new member and the Commission losing a member has been reached with respect to any adjustments of assets and liabilities of the Commissions and, if so, a copy of the agreement; and
(e) any other information that the Minister considers relevant.
4(3)The copy of the impact study referred to in subsection (2) shall be provided to the Minister before the Minister makes a recommendation to amend the boundaries of the region.
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.
4(5)Repealed: 2021, c.44, s.7
2017, c.20, s.162; 2021, c.44, s.7
Support in a local government
2017, c.20, s.162
5There is sufficient support for an amendment to the description of a region in a local government if the council of the local government passes a resolution supporting the amendment.
2017, c.20, s.162; 2021, c.44, s.7
Local support in a rural district
2021, c.44, s.7
6(1)There is sufficient support for an amendment to the description of a region in a rural district if
(a) twenty-five or more persons who are qualified to vote in an election for an advisory committee for the rural district petition the Minister in support of the amendment, or
(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.
6(2)Within 30 days of receiving the petition or acting on his or her opinion referred to in subsection (1), the Minister may call a meeting of all persons qualified to vote in an election for an advisory committee for the rural district.
6(3)There is sufficient support for the amendment to the description of a region if at the meeting held under subsection (2)
(a) at least 50 people or 30% of the people who are eligible to attend the meeting, whichever is the lesser, are in attendance, and
(b) the majority of those persons in attendance decide in favour of making the amendment to the description of a region.
2021, c.44, s.7
Determining the number of local service district representatives on Boards
Repealed: 2021, c.44, s.7
2021, c.44, s.7
7Repealed: 2021, c.44, s.7
2017, c.20, s.162; 2021, c.44, s.7
Chairs of local service district advisory committees to choose local service district representatives on Boards
Repealed: 2021, c.44, s.7
2021, c.44, s.7
8Repealed: 2021, c.44, s.7
2021, c.44, s.7
Choosing remaining representatives
Repealed: 2021, c.44, s.7
2021, c.44, s.7
9Repealed: 2021, c.44, s.7
2021, c.44, s.7
Removal from office
Repealed: 2021, c.44, s.7
2021, c.44, s.7
10Repealed: 2021, c.44, s.7
2021, c.44, s.7
Voting at meetings of Boards by representatives of local service districts
Repealed: 2021, c.44, s.7
2021, c.44, s.7
11Repealed: 2021, c.44, s.7
2021, c.44, s.7
Alternate members of the Board
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 member of the rural district advisory committee may be designated as an alternate member of the Board for that rural district.
2017, c.20, s.162; 2021, c.44, s.7; 2022-84
Meetings of the Board
13(1)The Board of each Commission shall meet as required but shall meet at least four times during a fiscal year.
13(2)Subject to subsection (3), all regular meetings and special meetings of a Board shall be open to the public.
13(3)If it is necessary at a meeting of a Board to discuss any of the matters referred to in subsection 68(1) of the Local Governance Act, the public may be excluded from the meeting for the duration of the discussion.
13(4)At the request of any member of the Board, a special meeting may be called by the chair of the Board.
13(5)The by-laws of the Commission shall include the notice and other procedures to be followed for special meetings of the Board.
13(6)The minutes of regular meetings and special meetings of a Board shall be made available to the public.
13(7)Within a reasonable period of time following the meeting, a copy of the minutes of each meeting of the Board shall be forwarded, in the manner set out in the by-laws, if any, to the members of the Board.
13(8)If the by-laws provide, a member of a Board may participate in a meeting of the Board by means of telephone or other communication facilities that permit all persons participating in the meeting to hear each other.
13(9)A member of the Board referred to in subsection (8) shall
(a) have their name recorded in the minutes of the proceedings as participating in a meeting by telephone or other communication facilities, and
(b) be deemed for the purposes of the Act and regulations to be present at the meeting.
2017, c.20, s.162; 2021, c.44, s.7
Motions decided by weighted voting
2022-84
13.1(1)For the purposes of subsection 9.2(5) of the Act, the method of calculating the number of weighted votes that are assigned to a voting member of the Board for a motion referred to in subsection 9.2(2), (3) or (4) of the Act is established in this section.
13.1(2)Each member of the Board voting on a motion referred to in subsection (1) shall receive one vote and the following additional votes:
(a) in the case of a Commission for a region where the population is more than 100,000 residents, one additional vote for every 10,000 residents of the local government or rural district; and
(b) in the case of a Commission for a region where the population is 100,000 residents or fewer, one additional vote for every 5,000 residents of the local government or rural district.
2022-84
Voting procedures and requirements
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.
14(2)Despite subsection (1), a Board may provide in the by-laws that the chair, the vice-chair or other officer of the Board shall be elected from among the members of the Board by secret ballot.
14(3)A chair shall be a voting member of the Board.
14(4)Every vote on a motion made at a meeting of a Board shall be taken when a quorum is present.
14(5)Repealed: 2021, c.44, s.7
14(6)If there is a tied vote, the chair does not have a second vote and the motion is considered to have been defeated.
2021, c.44, s.7
Performing a function or duty outside region
15Subject to the approval of the Board, a Commission may perform its functions or duties outside its region in the following circumstances:
(a) in the case of a common service, the Commission that is responsible for the region where the common service is to be provided agrees in writing; and
(b) in the case of any service, other than a common service, if a member that is to receive the service is a local government, the member’s Commission agrees in writing.
2017, c.20, s.162
Apportionment of costs for services
2022-84
16(1)For the purposes of subsection 19(1) of the Act, the costs attributable to services provided to a local government or a rural district by or through a Commission, including common services, shall be apportioned as follows:
(a) with respect to solid waste disposal services, on the basis of the tonnage of solid waste collected in the local government or rural district;
(b) with respect to a land use planning service, on the basis of the tax base of the local government or rural district for the previous year;
(c) with respect to regional economic development and regional tourism promotion, on the basis of the tax base of the local government or rural district for the previous year;
(d) with respect to regional community development, regional transportation and the mandate set out in section 16.1,
(i) 50% of the costs based on the tax base of the local government or rural district for the previous year, and
(ii) 50% of the costs based on the population of the local government or rural district; and
(e) with respect to any other service provided by or through the Commission, in accordance with a resolution of the Board.
16(1.1)If the Board does not pass a resolution under paragraph (1)(e), the costs attributable to the services provided by or through the Commission under that paragraph shall be apportioned as follows:
(a) 50% of the costs based on the tax base of the local government or rural district for the previous year; and
(b) 50% of the costs based on the population of the local government or rural district.
16(2)Despite paragraph (1)(c), any contract or agreement on the apportionment of costs attributable to regional economic development or regional tourism promotion that was in effect immediately before the coming into force of this subsection shall be adopted for the purposes of subsection 19(1) of the Act for a period of three years after this subsection comes into force.
2017, c.20, s.162; 2021, c.44, s.7; 2022-84; 2024-68
Expanded social mandate
2022-84
16.1For the purposes of subsection 3.1(2) of the Act, on and after January 1, 2024, the following Commissions are prescribed as having a mandate to develop a plan for the integration and coordination of services to address homelessness, poverty and mental health:
(a) Southeast Regional Service Commission;
(b) Fundy Regional Service Commission; and
(c) Capital Region Service Commission.
2022-84
Prohibited activities
2022-84
16.2For the purposes of paragraph 3.3(d) of the Act, no Commission shall undertake an activity that duplicates an activity undertaken by the Province in any of the following matters:
(a) attraction of investment;
(b) workforce development;
(c) export development; and
(d) provision of services for business support or human resource management.
2022-84
Solid waste disposal service
17(1)Each Commission shall accept solid waste
(a) that the Commission is not prohibited from accepting under an approval, and
(b) that originates in the region for which the Commission is established.
17(2)A Commission may accept solid waste originating in a region other than that for which it is established if it is not prohibited from accepting the solid waste under an approval issued to it and if
(a) the Commission established for the region of origin is prohibited from accepting the solid waste under an approval,
(b) the Commission established for the region of origin is not prohibited from accepting the solid waste under an approval if it
(i) provides the solid waste to the other Commission, or
(ii) gives written approval for the acceptance in advance,
(c) in circumstances where the solid waste originates outside New Brunswick, the Minister gives written approval for the acceptance in advance, subject to the terms and conditions the Minister considers appropriate, and the transfer is otherwise in accordance with the requirements of the Environmental Impact Assessment Regulation - Clean Environment Act.
17(3)Subject to subsection (2), a Commission may, in exchange for consideration, directly or indirectly, provide a solid waste service to a person located outside the region for which the Commission is established or provide a solid waste service in a location outside that region only if the Minister gives written approval for the provision of the service in advance, subject to the terms and conditions the Minister considers appropriate.
Regional transportation service
2024-68
17.1For the purposes of subsection 22.1(2) of the Act, sections 36 and 52 of the General Regulation – Motor Carrier Act apply, with the necessary modifications, to each motor vehicle used in providing a regional transportation service.
2024-68
Land use planning service
18(1) An agreement referred to in subsection 25(3) or (4) of the Act shall include the following:
(a) the land use planning service or portion of land use planning service to be provided;
(b) the term of the agreement; and
(c) subject to paragraph 25(2)(d) of the Act, notice requirements for the discontinuance of the provision of the land use planning service or portion of land use planning service by the Commission.
18(2)Repealed: 2021, c.44, s.7
2017, c.20, s.162; 2021, c.44, s.7
Regional infrastructure – interpretation
2022-84
18.1For the purposes of sections 18.2 to 18.5
(a) “committee” means a standing committee on sport, recreational and cultural infrastructure, and
(b) regional infrastructure is infrastructure the cost of which any or all of the members of the Commission shall contribute under subsection 3.4(2) of the Act.
2022-84
Regional infrastructure – establishment of a standing committee on sport, recreational and cultural infrastructure
2022-84
18.2(1)Each Commission shall establish, by by-law, a standing committee on sport, recreational and cultural infrastructure.
18.2(2)The committee shall consist of the persons determined by the Commission, but at a minimum shall include
(a) a representative of the Board,
(b) a representative of a local government,
(c) a representative of the rural district, and
(d) an expert advisor on sport, culture and recreation.
18.2(3)The committee shall have a mandate
(a) to review planning documents for the region,
(b) to prepare lists of infrastructure for the attention of the Board in accordance with section 18.3,
(c) to determine the area served by the infrastructure in the region,
(d) to ensure the management of cost apportionment agreements for regional infrastructure,
(e) to review at least once every five years any cost apportionment agreement for regional infrastructure, taking into account any proposals for the expansion or renovation of the infrastructure, and to make recommendations to the Board with respect to the amendment or renewal of the agreements, and
(f) to perform any other functions assigned to it by the Commission under paragraph 12(1)(b) of the Act.
18.2(4)In carrying out its mandate, the committee
(a) shall consult with employees of the Commission and the Department of Local Government and Local Governance Reform, and
(b) may consult with any other expert advisor.
2022-84
Regional infrastructure – report of committee
2022-84
18.3(1)The committee shall be responsible for preparing the list of all sport, recreational and cultural infrastructure in the region that the committee considers to be subject to subsection 3.4(1) of the Act.
18.3(2)The committee shall, from the list referred to in subsection (1), establish the list of infrastructure that it considers to be regional in nature based on the following criteria:
(a) the ease of access to the infrastructure by residents of the region;
(b) the uniqueness of the infrastructure in the region;
(c) the scale and variety of sport, recreational and cultural activities that the infrastructure may accommodate compared to other similar infrastructure in the region;
(d) the number of groups and associations, from within and outside the region, that use the infrastructure on a regular basis; and
(e) the impact of the infrastructure on the region, including whether it benefits its population as a whole.
18.3(3)The presence or absence of any of the criteria referred to in subsection (2) alone is not determinative of whether or not the infrastructure is regional in nature.
18.3(4)The committee shall present a report to the Commission, which shall include
(a) the list of infrastructure under subsection (1),
(b) the list of the infrastructure prepared in accordance with subsection (2) that the committee considers regional in nature,
(c) a detailed description of the infrastructure set out in the list under subsection (2),
(d) a detailed explanation of the reasons for the committee’s decision to include the infrastructure set out in the list referred to in subsection (2), and
(e) a proposal for the apportionment of costs attributable to infrastructure set out in the list under subsection (2) and an estimate of the financial impact that the proposed apportionment will have on each member of the Commission.
2022-84
Regional infrastructure – assessment
2022-84
18.4(1)The Board shall consider the report submitted to it by the committee under section 18.3 and shall vote on the matters set out in paragraphs 9.2(1)(a), (b) and (c) of the Act.
18.4(2)Despite any resolution of the Board adopted under subsection (1), no costs attributable to infrastructure shall be subject to an apportionment unless
(a) the Commission agrees that the infrastructure is regional infrastructure,
(b) the owner of the infrastructure or a person the owner has designated
(i) agrees that the committee shall be responsible for oversight of the infrastructure, and
(ii) provides a detailed financial and operational report on the infrastructure, including an assessment of its use.
2022-84
Regional infrastructure – apportionment of costs
2022-84
18.5For the purposes of subsection 19(2) of the Act, in the absence of a resolution of the Board, the costs attributable to regional infrastructure shall be apportioned as follows:
(a) 50% of the costs based on the tax base of the local government or rural district for the previous year; and
(b) 50% of the costs based on the population of the local government or rural district.
2022-84
Regional strategy – form and content
2022-84
18.6For the purposes of subsection 3.2(2) of the Act, the regional strategy of each Commission shall include
(a) a vision statement,
(b) a statement of the method of development of the strategy,
(c) a statement of the stakeholder engagement that was conducted as part of the development of the strategy,
(d) a statement of the First Nations engagement that was conducted as part of the development of the strategy,
(e) a strategic assessment of each component of the Commission’s mandate referred to in section 3.1 of the Act which
(i) considers the current level of service in the region and the level of service expected in the future,
(ii) examines the links between that component and other mandatory services, and
(iii) takes into account provincial priorities related to that component and how these relate to regional priorities,
(f) a statement of regional goals to be achieved during the period to which the strategy refers, which shall take into account, at a minimum, the components of the Commission’s mandate referred to in section 3.1 of the Act and other collaborative initiatives undertaken by the Commission,
(g) a plan to implement the goals,
(h) performance targets to monitor progress in achieving the goals and their implementation, and
(i) an accountability framework specifying reporting requirements.
2022-84
Regional strategy – implementation plan
2022-84
18.7The implementation plan for the regional strategy of each Commission shall include
(a) each action the Commission shall take to achieve its goals,
(b) performance targets for each action that shall be taken,
(c) the schedule for each action to be taken or major milestones to be achieved,
(d) the division of the Commission responsible for each goal, and
(e) the list of external stakeholders involved in its implementation.
2022-84
Regional strategy – accountability framework
2022-84
18.8(1)The accountability framework of each Commission shall specify a schedule for review of its regional strategy.
18.8(2)The Board shall receive updates on the implementation plan at least twice each year.
18.8(3)The Board shall ensure that a comprehensive review of the regional strategy is undertaken at its conclusion.
18.8(4)The Chief Executive Officer shall be responsible for carrying out the duties set out in subsections (2) and (3) and shall report the results to the Board in accordance with the schedule established in the accountability framework.
2022-84
Regional strategy – five-year review
2022-84
18.9Each Commission shall undertake a review of its regional strategy at least once every five years.
2022-84
Financial matters
19(1)Each Commission shall prepare the operating and capital budgets referred to in subsection 27(1) of the Act for the forthcoming fiscal year of the Commission, approve it and submit it to the local governments that are members of the Commission and to the Minister no later than November 1 of each year.
19(2)Administrative costs with respect to a Commission shall be apportioned, in a manner determined by the Commission, among the operating funds of each service provided by or through the Commission.
19(3)In any one fiscal year a Commission shall not borrow for operating expenses more than 5% of the amount budgeted for that service.
19(4)Despite subsection (3), in any one fiscal year a Commission shall not borrow for operating expenses with respect to a solid waste management service more than 25% of the amount budgeted for that service.
19(4.1)Despite subsection (3), in any one fiscal year a Commission shall not borrow for operating expenses with respect to a regional transportation service more than 25% of the amount budgeted for that service.
19(5)A Commission may, by resolution, establish, manage and contribute to an operating reserve fund with respect to a service provided by or through the Commission for the payment of operating expenses.
19(6)Repealed: 2022-84
19(7)Money held in an operating reserve fund shall be used for no purpose other than the payment of operating expenses.
19(8)Every resolution respecting a contribution to or a withdrawal from an operating reserve fund in respect of a calendar year shall be made by December 31 of that calendar year and shall specify the dollar amount contributed to or withdrawn from the operating reserve fund.
19(9)A Commission may, by resolution, establish, manage and contribute to a capital reserve fund with respect to a service provided by or through the Commission for the payment of capital expenses.
19(10)Money held in a capital reserve fund shall be used for no purpose other than the payment of capital expenses.
19(11)Every resolution respecting a contribution to or withdrawal from a capital reserve fund in respect of a calendar year shall be made by December 31 of that calendar year and shall specify the dollar amount contributed to or withdrawn from the capital reserve fund.
19(12)Each Commission shall establish, manage and annually contribute to a special account that is designated by the Commission for and is used for no purpose other than the payment of closure or postclosure expenses for solid waste landfill sites.
19(13)Except by resolution of the Commission, no transfer of money shall be made by a Commission from a special account.
19(14)The amounts required for the closure or postclosure expenses and for the annual contribution to the special account shall be determined in accordance with the recommendations of the Public Sector Accounting Board respecting “solid waste landfill closure and post-closure liability”, in the CICA public sector accounting handbook published by the Canadian Institute of Chartered Accountants.
19(15)Any money, including interest, within an operating reserve fund, capital reserve fund or special account shall be invested or reinvested in accordance with the Trustees Act.
19(16)The chartered accountant or certified general accountant shall include along with the annual financial statements of the Commission the following information with respect to an operating reserve fund, a capital reserve fund and a special account:
(a) a certified copy of each resolution respecting a contribution to or transfer from the operating reserve fund, capital reserve fund or special account, as the case may be;
(b) a statement of the revenue and expenditure relating to the operating reserve fund, capital reserve fund or special account, as the case may be, for the year of the report or part of that year and, in relation to the expenditure, an analysis according to purpose; and
(c) a statement of investments held in the operating reserve fund, capital reserve fund or special account, as the case may be, including the name of the investments, and the respective principal amounts, interest rates and dates of maturity of the investments.
19(17)The chartered accountant or certified general accountant shall indicate in the annual financial statements of the Commission that the money in a special account referred to in subsection (12), all investments acquired with money originally contributed to that account, and all interest and other income earned on that money or those investments are “restricted cash” and are a non-current asset.
19(18)Beginning in 2015, a Commission shall prepare multiyear budget projections.
2017, c.20, s.162; 2022-84; 2024-68
Notice of vote on budget, borrowing money or setting fees
2024-68
19.1The written notice under subsection 28(2) of the Act shall be given no less than 15 days before the vote.
2024-68
Annual report and other information
20(1)The annual report referred to in section 33 of the Act shall include the following:
(a) the annual audited financial statements of the Commission;
(b) information with respect to the provision of services, including common services, provided by or through the Commission, including the services provided by or through the Commission outside its region;
(b.1) information with respect to activities carried out by a Commission for the purpose of fulfilling its mandate;
(c) the names of the members of the Commission or other persons for whom the Commission provides a land use planning service;
(d) the number of Board meetings held each year and the attendance at the meetings;
(e) any performance measures established by the Board and the progress made with respect to those measures; and
(e.1) an update on the implementation of the regional strategy of the Commission;
(f) information with respect to any per diem allowances or other expenses provided to members of the Board.
20(2)A Commission shall make its annual report available to the public by posting it, as well as the following information, on the Commission’s website:
(a) solid waste tipping fees;
(b) names of all members of the Board;
(b.1) its regional strategy and all related documents; and
(c) any other fees assessed, charged and collected for services from its members and other persons provided a service.
2021, c.44, s.7; 2022-84
Conflict of interest
21(1)For the purposes of this section, with respect to a Commission, “designated employee” means
(a) a Chief Executive Officer,
(a.1) an Executive Director,
(b) a planning director,
(c) a manager of the solid waste disposal service,
(d) a director of finance,
(e) a planner,
(f) a person delegated the duties of a development officer,
(g) a building inspector or the person who has the primary responsibility to the Commission for the enforcement of local government by-laws or other provincial laws with respect to building and construction within the region,
(h) a person responsible for purchasing on behalf of the Commission, and
(i) any employee of a Commission who is in a senior management position.
21(2)No member of a Board shall be employed by, contract with, act as an agent for or otherwise provide goods or services to the Commission in exchange for consideration, directly or indirectly,
(a) while holding office as a member of the Board, or
(b) during the period of one year following the expiration of the member’s term of office, whether the member served the entire term or not.
21(3)A member of a Board does not violate subsection (1) by reason only that the member is in receipt of an allowance for attendance at meetings of the Board or of the executive of the Commission or any other allowance, honorarium, remuneration or reimbursement to which the member may be entitled by reason only of being a member of the Board or of being an executive officer of the Commission.
21(4) For the purposes of the Act and the regulations, a member of the Board or a designated employee has a conflict of interest if
(a) the person or a family associate
(i) has or proposes to have any interest in any contract in which the Commission of which that person is a member of the Board or by whom that person is employed or was appointed has an interest, or
(ii) has an interest in any other matter in which the Commission is concerned that would be of financial benefit to that person or the family associate,
(b) the person or a family associate is a shareholder in, or is a director or a senior officer of, a private company that
(i) has or proposes to have an interest in any contract with the Commission, or
(ii) has an interest in any other matter in which the Commission is concerned that would be of financial benefit to the company,
(c) the person or a family associate has a controlling interest in or is a director or a senior officer of a public company that
(i) has or proposes to have an interest in any contract with the Commission, or
(ii) has an interest in any other matter in which the Commission is concerned that would be of financial benefit to the company, or
(d) the person or a family associate would otherwise benefit financially by a decision of the Commission in any contract, proposed contract or other matter in which the Commission is concerned.
21(4.1)On assuming office, each member of the Board shall file a statement with the Chief Executive Officer disclosing any actual or potential conflict of interest of which the member has knowledge.
21(4.2)If a conflict of interest arises while a member of the Board is in office, the member shall immediately file a statement disclosing the conflict of interest with the Chief Executive Officer.
21(4.3)The Chief Executive Officer shall file statements received under subsections (4.1) and (4.2) with the Local Governance Commission.
21(4.4)In a statement filed under subsection (4.1) or (4.2), a member of the Board is not required to disclose particulars of the member’s financial interest or the extent of any interest in the matter giving rise to the conflict.
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 matter is a subject of consideration 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 member is present
(a) the member shall
(i) as soon as the matter is introduced, disclose that they have a conflict of interest in the matter,
(ii) immediately withdraw from the meeting room while the matter is under consideration or subject to a vote, and
(iii) as soon as the circumstances permit, file a statement disclosing the conflict of interest with the Chief Executive Officer, and
(b) the Chief Executive Officer shall file statements received under subparagraph (a)(iii) with the Local Governance Commission.
21(5.1)On assuming office, each designated employee shall file a statement with the Board disclosing any actual or potential conflict of interest of which the designated employee has knowledge.
21(5.2)If a conflict of interest arises while a designated employee is in office, the designated employee shall immediately file a statement disclosing the conflict of interest with the Board.
21(5.3)The Board shall file statements received under subsections (5.1) and (5.2) with the Local Governance Commission.
21(5.4)In a statement filed under subsection (5.1) or (5.2), a designated employee is not required to disclose particulars of the designated employee’s financial interest or the extent of any interest in the matter giving rise to the conflict.
21(6)A designated employee shall not advise or otherwise assist the Commission in any matter where the designated employee has a conflict of interest, unless requested by the Board to do so following the disclosure of the conflict of interest to the Board.
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.
21(8)A person who fails to comply with subsection (5) commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category F offence.
21(9)A person who fails to comply with subsection (6) commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category F offence.
21(10)A person who fails to comply with subsection (7) commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category H offence.
2017, c.20, s.162; 2020, c.8, s.36; 2021, c.44, s.7; 2022-84; 2024-51
Repeal
22New Brunswick Regulation 2012-90 under the Regional Service Delivery Act is repealed.
Transitional provisions
Repealed: 2021, c.44, s.7
2021, c.44, s.7
23Repealed: 2021, c.44, s.7
2021, c.44, s.7
Commencement
24This Regulation comes into force on January 1, 2013.
N.B. This Regulation is consolidated to August 31, 2024.