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Acts and Regulations
2024-47
- By-law Repeal or Amendment
Table of contents
Enabling Act
1
Regulation number
Title
2017, c.18
Local Governance Act
Full text
Current to 1 January 2024
NEW BRUNSWICK
REGULATION 2024-47
under the
Local Governance Act
(O.C. 2024-193)
Filed July 26, 2024
Under subsection 191(1) of the
Local Governance Act
, the Lieutenant-Governor in Council makes the following Regulation:
Citation
1
This Regulation may be cited as the
By-law Repeal or Amendment Regulation – Local Governance Act
.
Definitions
2
The following definitions apply in this Regulation.
“Act”
means the
Local Governance Act
.
(Loi)
“Commission”
means the Local Governance Commission established under the
Local Governance Commission Act
.
(Commission)
By-laws exempt
3
For the purposes of section 20.1 of the Act, the following by-laws made by a council may not be repealed or amended by order of the Minister:
(
a
)
a by-law under the
Community Planning Act
;
(
b
)
a by-law under the Act or the regulations relating to the following:
(i
)
dangerous or unsightly premises and property;
(ii
)
maintenance and occupancy standards for buildings and premises;
(iii
)
blasting operations;
(iv
)
dog control activities; and
(v
)
requirements that dogs be vaccinated against rabies, schedules for vaccinations and proof of vaccinations;
(
c
)
a by-law subject to standards set under the authority of the following Acts or the regulations under those Acts:
(i
)
the
Building Code Administration Act
;
(ii
)
the
Highway Act
; and
(iii
)
the
Business Improvement Areas Act
;
(
d
)
a by-law respecting the provision of a service, including the following:
(i
)
transport and transportation systems, including carriers of persons or goods, taxis and other forms of public transportation;
(ii
)
programs and services provided by or on behalf of the local government;
(iii
)
utilities, facilities, infrastructure and improvements on public or private property;
(iv
)
the service of police protection; and
(v
)
the prevention and extinguishing of fires and protection of property from fire;
(
e
)
a by-law made for municipal purposes related to property, including the following:
(i
)
the acquisition, sale, management, construction, leasing or renting of or any other dealings in real property, or any interest in real property, including land, buildings or easements;
(ii
)
the acquisition of real property and improvements by expropriation; and
(iii
)
the acquisition, sale, management, leasing or renting of or any other dealings in personal property or any interest in personal property;
(
f
)
a by-law related to administrative matters, including the following:
(i
)
the enforcement of by-laws made under any Act;
(ii
)
the procedures at council meetings;
(iii
)
the division of the local government into wards;
(iv
)
the composition of council and the number of councillors;
(v
)
payments to a mayor or councillors;
(vi
)
the decisions of a council;
(vii
)
the duties of an auditor;
(viii
)
the powers and duties of by-law enforcement officers;
(ix
)
the powers and duties of the chief administrative officer;
(x
)
the bonding of officers and employees of the local government;
(xi
)
systems of licences, permits or approvals;
(xii
)
offences under by-laws made under the authority of the Act and fines for those offences;
(xiii
)
administrative penalties to be paid in respect of a contravention of a provision of a by-law of the local government;
(xiv
)
the code of conduct for members of council; and
(xv
)
pension or superannuation plans;
(
g
)
a by-law related to a tourism accommodation levy made under section 101.1 of the Act;
(
h
)
a by-law related to economic development made under section 104 of the Act;
(
i
)
a by-law related to inspections referred to in subsection 144(2) of the Act; and
(
j
)
a by-law related to a local improvement made under Part 12 of the Act.
Review of by-law
4
(1)
For the purposes of subsection 20.2(1) of the Act, on receipt of an application to repeal or amend a by-law, the Minister shall provide notice of the application within 10 business days to the local government that made the by-law.
4
(2)
For the purposes of subsection 20.2(2) of the Act, on receiving notice under subsection (1), the local government shall inform the Minister of any proposed amendments to the by-law within 10 business days.
4
(3)
For the purposes of subsection 20.3 of the Act, within 30 days of receiving an application, the Minister
(
a
)
may dismiss the application or direct the Commission to conduct a study of the matter, and
(
b
)
shall notify the applicant and the local government of the dismissal or directive, as the case may be.
4
(4)
For the purposes of subsection 20.4(2) of the Act, the Minister shall send a copy of the report of the Commission and the notice of objection to the local government within 30 days of receiving the report.
4
(5)
A notice of objection shall contain a copy of the order to be issued by the Minister under section 20.5 of the Act.
4
(6)
An order under section 20.5 of the Act shall be published as soon as the circumstances permit after it is issued
(
a
)
in
The Royal Gazette
,
(
b
)
on the website of the Department of Environment and Local Government, and
(
c
)
on the website of the local government, on the web page dedicated to its by-laws.
N.B.
This Regulation is consolidated to July 26, 2024.
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