Acts and Regulations

2024-48 - Code of Conduct

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Current to 1 January 2024
NEW BRUNSWICK
REGULATION 2024-48
under the
Local Governance Act
(O.C. 2024-194)
Filed July 26, 2024
Under subsection 191(1) of the Local Governance Act, the Lieutenant-Governor in Council makes the following Regulation:
Citation
1This Regulation may be cited as the Code of Conduct Regulation – Local Governance Act.
Definition of “Act”
2In this Regulation, “Act” means the Local Governance Act.
Matters to be included in a code of conduct
3For the purposes of paragraph 10(2)(b) of the Act, a by-law made by a council to establish a code of conduct for the members of council shall include the following matters:
(a) the values to which the members of council shall adhere, including
(i) honesty,
(ii) integrity,
(iii) objectivity,
(iv) impartiality, and
(v) accountability;
(b) a requirement that members of council be familiar with the conflict of interest provisions under Part 8 of the Act and shall comply with those provisions;
(c) the behaviour of the members of council toward other members of council, officers and employees of the local government and members of the public, including
(i) a prohibition against the use of their position for any purpose other than the exercise of their official duties, and
(ii) a requirement that they be familiar with the relevant federal and provincial laws and local government by-laws, policies and procedures, including, without limitation, the Right to Information and Protection of Privacy Act;
(d) the use of property, resources and services of a local government by a member of council, including a prohibition against use that is
(i) unreasonable or for purposes other than those intended,
(ii) for their personal gain, or
(iii) in support of a candidate in a local government election;
(e) public communications by a member of council, including a prohibition against
(i) making a statement that the member knows or reasonably ought to know
(A) is false or misleading with respect to a material fact or omits to state a material fact, the omission of which makes that statement false or misleading, or
(B) is defamatory to a member of council, an officer or employee of the local government or a member of the public, and
(ii) disclosing confidential information of which the member becomes aware in the exercise of the member’s duties concerning
(A) the property, personnel or legal affairs of the local government, or
(B) a member of council, an officer or employee of the local government or a member of the public; and
(f) a requirement to comply with applicable federal or provincial law or local government by-laws, policies and procedures in the performance of their duties.
Complaints
4For the purposes of paragraph 10(2)(b) of the Act, a by-law established by a council respecting an alleged breach of a code of conduct shall provide for the following:
(a) a process for filing complaints with the council, including
(i) the information required to be set out in a complaint,
(ii) the time period for filing a complaint, processing the complaint and imposing corrective action, and
(iii) designation of a person responsible for receiving complaints on behalf of the council;
(b) a process to provide notice in writing of the complaint to the affected member of council and to review the complaint;
(c) a fair and impartial process for the expeditious determination of complaints that are frivolous, vexatious or filed after the required time period;
(d) a process to provide notice in writing of a determination under paragraph (c), with reasons, to the complainant and the affected member of council;
(e) a fair and impartial process for investigation of complaints by the local government or a third party; and
(f) a process to provide a report of the results of the investigation to the complainant and the affected member of council.
Council decisions
5(1)A code of conduct shall require the council, at its next meeting after receiving a report under paragraph 4(f), to do the following:
(a) review the report; and
(b) when the review is finished, hold a vote
(i) to determine whether the member of council breached the code of conduct, and
(ii) to pass a resolution respecting the appropriate corrective action, if any.
5(2)If the report deals with any of the matters referred to in subsection 68(1) of the Act, the public may be excluded from the meeting for the duration of the review under paragraph (1)(a).
5(3)The affected member of council shall not participate in any vote held under paragraph (1)(b).
Corrective actions
6(1)In the case of a breach of a provision of the code of conduct, the code may provide for the imposition of corrective actions by council, including, but not limited to
(a) reprimanding the member,
(b) requiring that the member issue a letter of apology,
(c) requiring that the member attend training or counselling as directed by council,
(d) suspending the member from exercising the powers or performing the duties conferred under section 48 of the Act,
(e) reducing or suspending the member’s compensation for the duration of any suspension imposed under paragraph (d), and
(f) reducing or suspending the member’s privileges, including travel or the use of resources, services or property of the local government.
6(2)A corrective action under paragraph (1)(d) or (e) shall not be imposed for a period longer than the maximum period prescribed for a suspension under the Local Governance Commission Act.
N.B. This Regulation is consolidated to July 26, 2024.