Acts and Regulations

2024-50 - Code of Conduct

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Current to 1 January 2024
NEW BRUNSWICK
REGULATION 2024-50
under the
Regional Service Delivery Act
(O.C. 2024-196)
Filed July 26, 2024
Under paragraph 37(y.1) of the Regional Service Delivery Act, the Lieutenant-Governor in Council makes the following Regulation:
Citation
1This Regulation may be cited as the Code of Conduct Regulation – Regional Service Delivery Act.
Definition of “Act”
2In this Regulation, “Act” means the Regional Service Delivery Act.
Matters to be included in a code of conduct
3For the purposes of paragraph 12(1)(c) of the Act, a by-law made by a Board to establish a code of conduct for members of the Board shall include the following matters:
(a) the values to which the members of the Board shall adhere, including
(i) honesty,
(ii) integrity,
(iii) objectivity,
(iv) impartiality, and
(v) accountability;
(b) a requirement that members of the Board be familiar with the conflict of interest provisions under the Act and the regulations and shall comply with those provisions;
(c) the behaviour of the members of the Board toward other members of the Board, officers and employees of the Commission 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
(A) the relevant federal and provincial laws, including, without limitation, the Right to Information and Protection of Privacy Act, and
(B) the by-laws, policies and procedures of the Commission and the local governments in the region;
(d) the use of property, resources and services of a Commission by a member of the Board, 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 the Board, including a prohibition against
(i) making a statement that the member of the Board 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 the Board, an officer or employee of the Commission or a member of the public, and
(ii) disclosing confidential information of which the member of the Board becomes aware in the exercise of their duties concerning
(A) the property, personnel or legal affairs of the Commission, or
(B) a member of the Board, an officer or employee of the Commission or a member of the public; and
(f) a requirement that, in the performance of their duties, they comply with applicable federal and provincial law and the by-laws, policies and procedures of the Commission and the local governments in the region.
Complaints
4For the purposes of paragraph 12(1)(c) of the Act, a by-law made by a Board respecting an alleged breach of a code of conduct shall provide for the following:
(a) a process for filing complaints with the Board, 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 Board;
(b) a process to provide notice in writing of the complaint to the affected member of the Board 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 the Board;
(e) a fair and impartial process for investigation of complaints by the Board or a third party; and
(f) a process to provide a report on the results of the investigation to the complainant and the affected member of the Board.
Board decisions
5(1)A code of conduct shall require the Board, at its next meeting after receiving a report on an investigation 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 the Board 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 Local Governance Act, the public shall be excluded from the meeting for the duration of the review under paragraph (1)(a).
5(3)The affected member of the Board shall not participate in the 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 the Board, including, but not limited to
(a) reprimanding the member of the Board,
(b) requiring that the member of the Board issue a letter of apology,
(c) requiring that the member of the Board attend training or counselling as directed by the Board,
(d) suspending the member of the Board from exercising the powers or performing the duties conferred under the Act,
(e) reducing or suspending compensation to the member of the Board for the duration of any suspension imposed under paragraph (d), and
(f) reducing or suspending the privileges of the member of the Board, including travel or the use of resources, services or property of the Commission.
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.