Acts and Regulations

2023, c.18 - Local Governance Commission Act

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Full text
Current to 15 May 2024
CHAPTER 2023, c.18
Local Governance Commission Act
Assented to June 16, 2023
His Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:
1
INTERPRETATION
Definitions
1The following definitions apply in this Act.
“Commission” means the Local Governance Commission established in section  3.(Commission)
“Commissioner” means the person appointed Commissioner of Local Governance Affairs under paragraph 5(1)(a).(commissaire)
“committee of supervisors” means a committee of supervisors referred to in section 27.(conseil d’administrateurs)
“council” means the mayor and councillors of a local government.(conseil)
“inspector” means an inspector appointed under section 17.(inspecteur)
“local board ” means (commission locale)
(a) a body whose entire membership is appointed under the authority of a council,
(b) a corporation referred to in subsection 8(1) of the Local Governance Act,
(c) a water or wastewater commission established under section 15.2 of the Clean Environment Act,
(d) a committee of a regional service commission, and
(e) any other body prescribed by regulation.
“local government” means a local government as defined in subsection 1(1) of the Local Governance Act. (gouvernement local)
“Minister” means the Minister of Local Government and includes any person designated by the Minister to act on the Minister’s behalf.(ministre)
“regional service commission” means a regional service commission established under the Regional Service Delivery Act.(commission de services régionaux)
“rural district” means a rural district as defined in the Local Governance Act.(district rural)
“supervisor” means a supervisor appointed under section 26 to take control and charge over the administration of all or any of the affairs of a local government or local board under.(administrateur)
“Tribunal” means the Assessment and Planning Appeal Board continued as the Assessment and Planning Appeal Tribunal under section 56.(Tribunal)
2023, c.40, s.21
2
LOCAL GOVERNANCE COMMISSION
A
Establishment, objects and purposes, composition and governance of Commission
Definitions
2The following definitions apply in this Part.
“Chair” means the Chair of the Commission who is also known as the Commissioner of Local Governance Affairs.(président)
“Vice-Chair” means the Vice-Chair of the Commission.(vice-président)
Establishment of Commission
3 The Local Governance Commission is established.
Objects and purposes of Commission
4The objects and purposes of the Commission are as follows:
(a) to provide support and assistance to local governments and regional service commissions;
(b) to provide advice and recommendations to the Minister on any matter related to local governments, regional service commissions and rural districts;
(c) to investigate matters within the Commission’s jurisdiction;
(d) to provide education, advice and information on matters under this or any other Act; and
(e) to perform any functions assigned to it by the Minister.
Composition of Commission
5(1)The Commission shall consist of the following members appointed by the Lieutenant-Governor in Council:
(a) a Chair who shall also be known as the Commissioner of Local Governance Affairs; and
(b) not less than four other members, one of whom shall be a Vice-Chair.
5(2)The Chair shall be appointed for a term not exceeding ten years and may be reappointed.
5(3)A member of the Commission, other than the Chair, shall be appointed for a term of not fewer than three years and no more than seven years.
5(4)A member of the Commission, other than the Chair, may be reappointed for no more than two additional terms, but no member reappointed under this subsection shall hold office for more than 15 consecutive years.
5(5)Despite subsections (2), (3) and (4), a member of the Commission shall remain in office until the member resigns or is reappointed or replaced.
Vacancy or temporary absence
6(1)In the case of a temporary absence, illness or incapacity to act of the Chair, the powers and duties of the Chair shall be exercised by the Vice-Chair.
6(2)In the case of the temporary absence, illness or incapacity to act of the Chair and Vice-Chair, or in the case of a vacancy of both offices, the Minister may appoint another member of the Commission as acting chair for the period of the temporary absence, illness, incapacity or vacancy.
6(3)A vacancy on the Commission does not impair the capacity of the Commission to act so long as a quorum is maintained.
Skills and qualifications of members
7In making appointments to the Commission, the Lieutenant-Governor in Council shall
(a) use a merit-based and objective approach,
(b) ensure that the persons appointed to the Commission have the skills, qualifications, training and experience in order to carry out their functions, including those prescribed by regulation, and
(c) ensure that the Commission as a whole has the skills, qualifications, training and experience in order for it to carry out its functions, including those prescribed by regulation.
Remuneration and expenses
8The Lieutenant-Governor in Council shall determine the remuneration to be paid to the Chair, Vice-Chair and other members of the Commission and may fix the rate for reimbursement of expenses incurred by them while acting on behalf of the Commission.
Quorum
9Three members of the Commission, one of whom shall be the Chair or the Vice-Chair, constitute a quorum on the Commission.
Employees
10(1)The Commission may employ or engage those persons it considers necessary.
10(2)The remuneration and other conditions of employment of the employees of the Commission shall be established by the Commission.
10(3)The Commission shall ensure that employees are appointed to their positions on the basis of merit.
Head office
11The head office of the Commission is in The City of Fredericton.
Official seal
12(1)The Commission shall have an official seal, which shall be judicially noticed.
12(2)The failure to affix a seal to a decision or order of the Commission does not affect the validity of the decision or order.
B
Powers, duties and functions of Commission and Commissioner
Powers, duties and functions of the Commission - general
13(1)The Commission may exercise any power conferred on the Commission and shall perform the duties and functions required to be performed by the Commission under this Act or its regulations or any other Act or regulation, including
(a) the Local Governance Act, and
(b) the Regional Service Delivery Act.
13(2)The Commission shall exercise any other powers as may be conferred on the Commission by the Lieutenant-Governor in Council and shall perform any other duties and functions as may be required by the Lieutenant-Governor in Council to be performed by the Commission.
13(3)The Commission may order a local government or regional service commission, as the case may be, to comply with any of the systems of estimates, bookkeeping, accounting and auditing, and all other guidelines or standards and requirements established in respect of them, under section 99.1 of the Local Governance Act or under subsection 29(2) of the Regional Service Delivery Act.
Powers under the Inquiries Act
14The Commission has all the powers, privileges and immunities of a commissioner under the Inquiries Act.
Providing information to Commission
15(1)The Commission may at any time require a member of council, a member of the board of directors of a regional service commission or any officer or employee of a local government or regional service commission, as the case may be, to provide to the Commission any information relating to the affairs of the local government or regional service commission.
15(2)When a person referred to in subsection (1) fails, neglects or refuses to provide to the Commission a form, return, document or information under section 99.1 of the Local Governance Act or subsection 29(2) of the Regional Service Delivery Act, the Commission may authorize another person to provide the form, return, document or information at the expense of the local government or regional service commission, as the case may be.
Powers of Commissioner
16(1)The Commission may delegate to the Commissioner the powers that the Commission considers appropriate, including the power
(a) to direct an auditor appointed under this Act to make an audit of the financial affairs of a local government or regional service commission and provide the auditor’s report to the council or the board of directors of the regional service commission, as the case may be, and to the Minister, and
(b) to require a member of council or a member of the board of directors of a regional service commission, or any officer or employee of a local government or regional service commission, to provide any information relating to the affairs of the local government or regional service commission, as the case may be.
16(2)The Commissioner has all the powers, privileges and immunities of a commissioner under the Inquiries Act.
C
Appointment of inspectors and investigations
Appointment of inspector
17(1)For the purposes of conducting an investigation, the Commission may appoint an inspector for
(a) a local government,
(b) a local board, and
(c) a regional service commission.
17(2)When the Commission makes an appointment under paragraph (1)(b) or (c), the provisions of this Division apply with the necessary modifications to the inspection of a local board or regional service commission, as the case may be.
Investigations
18(1)The Commission may, on its own initiative or on request of an officer of a local government, conduct an investigation into the affairs of a local government for any purpose related to the fulfilment of its mandate and shall conduct an investigation into the affairs of a local government for any purpose related to the fulfilment of its mandate on request of
(a) the Minister, or
(b) the Lieutenant-Governor in Council.
18(2)An investigation may include
(a) inquiring into the affairs of a local government,
(b) inquiring into the exercise by any officer of a local government of the functions of their office,
(c) inspecting any records relevant to an investigation, including any document, invoice or other material recorded or stored in any manner, that may be in possession or under the control of a local government or in relation to its affairs,
(d) obtaining the information an inspector may require from any officer of a local government, and
(e) with respect to an inspector, carrying out the instructions given to the inspector from time to time by the Commission in respect of an investigation.
18(3)The Commission shall
(a) determine the scope of an investigation, and
(b) conduct the investigation in accordance with the processes and procedures established by the Commission.
Reporting
19On the request of the Commission, an inspector shall report to the Commission, during or following an investigation, on any matters related to the investigation.
Powers of Commission respecting investigations
20If a report of an investigation under section 19 indicates that action is required in respect of a matter, the Commission shall
(a) take any action it considers necessary or advisable to address the matter, including suspending an officer of a local government, during or following an investigation, from exercising their functions as an officer for the length of time the Commission sees fit, and
(b) advise the Minister of the matter and the action it has taken or proposes to take.
Cost of investigation
21The Commission shall fix the fees and expenses payable with respect to an investigation into the affairs of a local government for any purpose related to the fulfilment of its mandate and may recover the amount of those fees and expenses from the local government in accordance with the regulations.
D
Appointment of auditors and audits
Appointment of auditors
22(1)The Commission may appoint an auditor to make an audit of the financial affairs of
(a) a local government,
(b) a local board, and
(c) a regional service commission.
22(2)When the Commission makes an appointment under paragraph (1)(b) or (c), the provisions of this Division apply with the necessary modifications to an audit of the financial affairs of the local board or the regional service commission, as the case may be.
22(3)The Commission shall only appoint an auditor who is a person in good standing as a member of the Chartered Professional Accountants of New Brunswick.
Powers and duties of an auditor
23(1)For the purposes of an audit, an auditor may do the following:
(a) inspect any records relevant to an audit, including any document, invoice or other material recorded or stored in any manner, that may be in possession or under the control of a local government or in relation to its affairs; and
(b) require any officer of a local government or any person to appear before the auditor and give evidence, on oath or affirmation, respecting the affairs of the local government.
23(2)An auditor may audit and report on any matter related to the financial affairs of a local government or to any specified phase of the financial affairs of the local government designated by the Commission.
23(3)On completion of an audit, an auditor shall send a report of the audit to the Commission, and the Commission shall provide a copy of the report to the local government and to the Minister.
Powers of Commission respecting auditor’s report
24If an auditor’s report indicates that action is required in respect of a matter, the Commission shall
(a) take any action it considers necessary or advisable to address the matter, including suspending an officer of a local government, during or following an audit, from exercising their functions as an officer for the length of time the Commission sees fit, and
(b) advise the Minister of the matter and the action it has taken or proposes to take.
Cost of audit
25The Commission shall fix the fees and expenses payable with respect to an audit of the financial affairs of a local government and may recover the amount of those fees and expenses from the local government in accordance with the regulations.
E
Appointment of supervisors and their jurisdiction
Appointment of supervisor
26(1)On the recommendation of the Commission, the Lieutenant-Governor in Council may appoint a supervisor to take control and charge over the administration of all or any of the affairs of a local government when a council
(a) has defaulted, as determined in accordance with the regulations, in meeting its obligations to an extent that its inability to meet future obligations is probable, or
(b) is not able to carry on the business of a council.
26(2)The Commission may recommend that the Lieutenant-Governor in Council appoint a supervisor under subsection (1) if, in the opinion of the Commission,
(a) the council is not functioning effectively, including when the council is not effectively financially managing funds or assets of the local government or local board or otherwise not functioning effectively as determined by the results of an audit of the local government,
(b) the council fails to fulfil its responsibilities under the Local Governance Act or any other Act, or
(c) it is in the public interest to do so.
26(3)The Commission may appoint a supervisor to take control and charge over the administration of all or any of the affairs of a local government when, in the opinion of the Commission, a council is not able to form a quorum with which to carry on the business of the council due to vacancies of the council.
26(4) On the recommendation of the Commission, the Lieutenant-Governor in Council may appoint a supervisor for a local board for the reasons referred to in paragraph (1)(a) or (b), and, when a supervisor is appointed, the provisions of this Division apply with the necessary modifications to the supervisor taking control and charge over the administration of all or any of the affairs of that local board.
Committee of supervisors
27(1)With the approval of the Lieutenant-Governor in Council, when more than one supervisor is required for a local government or local board, two or more supervisors shall act as a committee of supervisors.
27(2)When a vacancy occurs in a committee of supervisors, the Lieutenant-Governor in Council shall fill the vacancy.
27(3)The powers of a committee of supervisors shall be exercised by resolution of the committee, and the committee may adopt, with the approval of the Commission, rules of practice and procedure governing the meetings, transactions and exercise of the powers of the supervisors.
27(4) A committee of supervisors has all the responsibilities, duties and powers of a supervisor.
Powers of supervisor
28When a local government has become subject to the control and charge of a supervisor, all or any of the powers of the local government vested in and exercised by its council under the Local Governance Act, any other Act or a by-law shall be vested by the Lieutenant-Governor in Council or the Commission, as the case may be, in the supervisor and may be exercised by the supervisor.
Power to appoint
29A supervisor may appoint, with the approval of the Commission, any person to exercise the powers of the supervisor, and the person appointed shall be paid the salary and allowed the travelling and other expenses as the Commission determines.
Control and charge of local government finances by supervisor
30 A supervisor has full control and charge over all money belonging to the local government and received by any person for or on behalf of the local government, and the money shall be deposited in a financial institution designated by the supervisor and when deposited shall only be applied, used, transferred and withdrawn for the purpose, in the manner and at the time the supervisor approves, and all cheques drawn and issued by the local government shall be signed and countersigned by those persons and in the manner the supervisor has authorized.
Notice of control
31When a local government has become subject to the control and charge of a supervisor, notice that the local government is under supervision shall be given by the following means:
(a) publishing the notice in The Royal Gazette; and
(b) any other means or combination of means prescribed by regulation.
Notice acts to stay proceedings
32(1)When notice has been given under section 31, the notice operates as a stay of all actions or other proceedings pending against the local government, or as a stay of execution, as the case may be, and afterwards no action or other proceedings against the local government shall be commenced or continued against the local government, or a levy be made under a writ of execution against the local government, without leave of the Lieutenant-Governor in Council.
32(2)When the commencement or continuance of any action or other proceeding, or the making of any levy under a writ of execution, is prevented or stayed under this section, the time during which the prevention or stay continues shall not be included for the purpose of any statute or law of limitations until leave of the Lieutenant-Governor in Council to commence or continue the action or other proceeding or make the levy is obtained.
32(3)When leave is obtained under subsection (2) to commence or continue an action or proceeding, the person having the right of action or of taking any proceeding or making a levy under a writ of execution, shall, on the removal of the prevention or stay, have the same length of time within which to take action or proceed or make a levy under a writ of execution, as the case may be, as the person had when the prevention or stay came into operation.
32(4)Subsection (3) does not apply unless application is made to the Lieutenant-Governor in Council for approval of the continuance or commencement of the suit, action or other proceeding within the time so limited by statute or law of limitations.
Offences respecting failure to comply
33(1)A council, a local board and any officer or employee of the local government or local board shall comply with the orders, directions and decisions of a supervisor in any matter relating to the administration of the affairs of the local government or local board.
33(2)Any person referred to in subsection (1) who knowingly violates or fails to comply with an order, direction or decision referred to in that subsection, or who, as a member of council or member of a local board, votes contrary to the order, direction or decision, commits an offence punishable under Part 2 of the Provincial Offences Procedure Act as a category F offence.
33(3)If a council or local board fails to comply with an order, direction or decision of a supervisor, the Commission may do or order done all acts, deeds, matters and things necessary for compliance with the order, direction or decision and may exercise all the powers of the local government or the local board for those purposes in the name of the local government or local board and under its seal.
Liability and disqualification from holding office
34(1)If a council applies any of its funds other than as ordered or authorized by a supervisor, any member of council who votes for the application of the funds shall be jointly and severally liable for the amount applied, and the amount may be recovered in any court of competent jurisdiction.
34(2)A member of council referred to in subsection (1) who votes for the application of the funds shall be disqualified from holding an office of any local government for five years.
Agreements entered into by supervisors
35(1)A supervisor may enter, with the approval of the Commission, into agreements on behalf of a local government to amend or cancel the terms of any existing agreements, contracts or obligations that had been entered into by the local government.
35(2)Any agreement entered into under this section is binding on the parties to the agreement.
Acts of a supervisor deemed those of local government
36When a local government has become subject to the control and charge of a supervisor, the acts of the supervisor in relation to the affairs of the local government shall be deemed to be the acts of the local government.
Appeal from decision of supervisor
37A council, local board or creditor of a local government that is dissatisfied with an order, direction or decision of a supervisor may appeal the order, direction or decision to the Commission within 15 days after the date of the decision, direction or order, as the case may be, or any further time that the Commission allows.
Termination of appointment of supervisor
38(1)When the Commission is of the opinion that the affairs of a local government are no longer required to be under the control and charge of a supervisor, the Lieutenant-Governor in Council may make an order terminating the appointment of the supervisor.
38(2)Despite subsection (1), when the Commission is of the opinion that the affairs of a local government are no longer required to be under the control and charge of a supervisor appointed by the Commission under subsection 26(3), the Commission may make an order terminating the appointment of the supervisor.
38(3)An order referred to in subsections (1) and (2) shall include the date on which the supervisor ceases to have the control and charge over the administration of all or any of the affairs of a local government.
38(4)Notice of an order referred to in subsections (1) and (2) shall be given by the following means:
(a) publishing the notice in The Royal Gazette; and
(b) any other means or combination of means prescribed by regulation.
Costs of supervision
39 The Commission shall fix the fees and expenses payable with respect to a supervisor and may recover the amount of the those fees and expenses from a local government in accordance with the regulations.
Power to recommend a trustee for a regional service commission
40The Commission may recommend that the Minister appoint a trustee under subsection 34(1) of the Regional Service Delivery Act
(a) following an investigation or an audit, or
(b) if, in the opinion of the Commission,
(i) the board of directors of a regional service commission is not functioning effectively,
(ii) the board of directors of a regional service commission fails to fulfil its responsibilities under the Regional Service Delivery Act and the regulations under that Act, or
(iii) it is in the public interest.
F
Powers respecting codes of conduct and conflict of interest
Definitions
41The following definitions apply in this Division.
“code of conduct” means(code de déontologie)
(a) with respect to a member of council, a code of conduct established by a by-law of a local government under the Local Governance Act for members of council,
(b) with respect to a regional service commission, a code of conduct established by a by-law of a regional service commission under the Regional Service Delivery Act for members of the board of directors of a regional service commission, and
(c) a code of conduct established by the Minister under the Local Governance Act for the members of a rural district advisory committee.
“conflict of interest” means(conflit d’intérêts)
(a) with respect to a senior officer of a local government or a local board, a member of council, a member of a local board or a member of a committee, a conflict of interest set out in Part 8 of the Local Governance Act, and
(b) with respect to a member of the board of directors of a regional service commission or a designated employee, a conflict of interest referred to in the provisions respecting conflict of interest that are prescribed in the regulations under the Regional Service Delivery Act.
“rural district advisory committee” means a rural district advisory committee elected under the Local Governance Act.(comité consultatif de district rural)
Investigation into breach of code of conduct
42(1)If a matter respecting an alleged breach of a provision of a code of conduct cannot be resolved under the Local Governance Act or the Regional Service Delivery Act, a person may request in writing that the Commission investigate the alleged breach.
42(2)A request under subsection (1) shall be in the form determined by the Commission and shall set out the grounds for the belief and the nature of the alleged breach.
42(3)The Commission shall provide the person who is the subject of the investigation with reasonable notice and shall give the person an opportunity to respond to the allegation.
42(4) If the Commission is of the opinion that the request is frivolous, vexatious or not made in good faith, or that there are no grounds or insufficient grounds for an investigation, the Commission may refuse to conduct an investigation or may cease the investigation.
42(5)If the Commission refuses to conduct an investigation or continue an investigation, the Commission shall notify the person making the request and provide reasons in writing.
42(6)If the Commission believes on reasonable grounds that there is a basis for the request, an inspector shall conduct an investigation in accordance with the processes and procedures established by the Commission.
42(7)For the purposes of an investigation under this section, an inspector shall
(a) investigate the alleged breach and, on completion of the investigation, prepare a report containing its findings and any recommendations for the Commission, and
(b) on the request of the Commission, report to the Commission, during or following an investigation, on any matters related to the investigation.
Imposition of sanctions respecting code of conduct
43Following its review of the report referred to in subsection 42(7), if the Commission decides that a member of a council, member of the board of directors of a regional service commission or member of a rural district advisory committee, as the case may be, breached a provision of a code of conduct, the Commission may, by order, impose any one or more of the following sanctions:
(a) that the member be reprimanded;
(b) that the member deliver to the local government, regional service commission or rural district advisory committee, as the case may be,
(i) any fees, gifts, gratuities or other benefit received or the value of any fees, gifts, gratuities or other benefit received within 30 days after the decision of the Commission, or
(ii) any profit made in violation of the code of conduct as soon as possible after the decision of the Commission;
(c) that the member reimburse an amount equal to the remuneration, allowances or other sums received as member while the violation of the code of conduct continued; and
(d) that the member be suspended for a period of up to 90 days and not exceeding the expiry of the member’s term of office.
Investigation into an alleged conflict of interest
44If a matter respecting an alleged conflict of interest cannot be resolved under the Local Governance Act or the Regional Service Delivery Act, a person may request in writing that the Commission investigate the alleged conflict of interest.
Investigation and sanctions respecting a conflict of interest
45Sections 42 and 43 apply with the necessary modifications to a conflict of interest, including a conflict of interest by a member of a local board as the term local board is defined in subsection 87(1) of the Local Governance Act.
G
Powers respecting regional service commission cost sharing
Definition of “member”
46For the purposes of this Division, “member” means a member as defined in the Regional Service Delivery Act.
Review of decision of regional service commission
47The Commission may review a decision made in an assessment conducted by a regional service commission under subsection 3.4(2) of the Regional Service Delivery Act that any or all members are not required to contribute to the costs attributable to any infrastructure identified in accordance with subsection 3.4(1) of that Act.
Power to conduct a review of decision
48(1)Following its review of the report of the regional service commission referred to in subsection 3.4(3) of the Regional Service Delivery Act, the Commission shall
(a) conduct a review of the decision referred to in section 47 if
(i) the decision that the infrastructure is not regional infrastructure cannot be supported by the evidence, and
(ii) the decision that any or all members are not required to contribute to the costs attributable to the infrastructure cannot be supported by the evidence, or
(b) refuse to conduct a review of the decision referred to in section 47 unless the owner of the infrastructure or a person the owner has designated
(i) agrees that the standing committee on sport, recreational and cultural infrastructure 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.
48(2)The Commission shall conduct a review of the decision referred to in section 47 in accordance with the regulations.
48(3)On completion of its review, the Commission shall send the results of the review, including any recommendations, in writing, to the Minister and provide a copy to the regional service commission.
H
Powers respecting proposals for restructuring a local government
Proposal for restructuring a local government
49(1)A proposal respecting any of the following shall be submitted to the Commission for its review:
(a) the incorporation of a local government under subsection 22(1) of the Local Governance Act;
(b) the amalgamation of two or more local governments under subsection 24(1) of the Local Governance Act;
(c) the amalgamation of two or more local governments and the annexation of an area contiguous to the amalgamated local government under subsection 24(2) of the Local Governance Act;
(d) the annexation of a contiguous area to a local government under subsection 25(1) of the Local Governance Act; and
(e) the decrease in the territorial limits of a local government under section 26 of the Local Governance Act.
49(2)A proposal referred to in subsection (1) may be submitted by
(a) one or more councils,
(b) the Minister, or
(c) a group of 25 or more people who reside in the portion of the rural district included within the proposed boundaries and who are qualified to vote in a rural district advisory committee election on the date of the making of the petition referred to in paragraph 28(1)(a) of the Local Governance Act.
49(3)A proposal referred to in subsection (1) shall include the following:
(a) an explanation of the reason for the proposal;
(b) the proposed boundaries of the local government;
(c) with respect to any affected local government or rural district, the estimated impact
(i) on its population, and
(ii) on its tax base and tax rate and the services it provides;
(d) a plan with respect to consultation and engagement to gauge the level of public support for the proposal; and
(e) any other information required by the Commission or prescribed by regulation.
49(4)When a proposal meets the requirements set out in this section, the Commission shall notify the Minister and all local governments, regional service commissions and other entities affected by the proposed restructuring.
Report respecting a proposal
50(1)Following the completion of the consultation and engagement referred to in a proposal, a person who has submitted the proposal under section 49 shall prepare a report for the Commission in accordance with the regulations.
50(2)If, on review of the report referred to in subsection (1), the Commission determines that the report establishes that a proposal is complete and meets the requirements set out in section 49, the Commission shall publish the report on the Commission’s website for a 30-day period or for any longer period that the Commission specifies.
50(3)The Commission shall give notice of the report in the Royal Gazette and provide notice of the report to
(a) an affected local government,
(b) the Minister, and
(c) an affected regional service commission.
50(4)Any comments in response to the report published on the Commission’s website referred to in subsection (2) shall be accepted until 10 days after the termination of the period referred to in that subsection.
Additional information
51 The Commission may request that a person who submits a proposal under this Division provide to the Commission any further information it requires in order to conduct its review.
Recommendation to Minister
52After reviewing the report referred to in section 50 and any other information respecting the matter, the Commission shall, within 45 days after the period referred to in subsection 50(4), make a recommendation to the Minister to approve or deny the proposal.
I
Powers respecting amendments to description of a region
Review of impact study to amend a description of a region
53An impact study prepared before the Minister makes a recommendation under subsection 2(4) of the Regional Service Delivery Act to amend a description of a region that would require a member of a regional service commission to become a member of another regional service commission shall be provided to the Commission by the proponents for review by the Commission.
Commission to report to Minister
54After conducting a review referred to in section 53, the Commission shall determine and report to the Minister whether, in its opinion, sufficient local support for the amendment to the description of the region referred to in that section has been demonstrated.
3
ASSESSMENT AND PLANNING APPEAL TRIBUNAL
A
Establishment of Tribunal, composition and governance
Definitions
55The following definitions apply in this Part.
“Chair” means Chair of the Tribunal.(président)
“region” means a region of the Tribunal established by regulation.(région)
“Vice-Chair” means Vice-Chair of the Tribunal.(vice-président)
Continuation of the Assessment and Planning Appeal Board
56(1)The Board known as the Assessment and Planning Appeal Board established under the Assessment and Planning Appeal Board Act, chapter 114 of the Revised Statutes, 2011, is continued under this Act under the name Assessment and Planning Appeal Tribunal.
56(2)The change of the name of the Assessment and Planning Appeal Board does not affect the rights and obligations of the Assessment and Planning Appeal Board, and all actions, applications or other proceedings may be continued or commenced by and against the Assessment and Planning Appeal Tribunal that might have been continued or commenced by or against the Assessment and Planning Appeal Board.
Independence
57In the performance of its adjudicative functions, the Tribunal is independent of the Commission.
Composition of Tribunal
58(1)The Tribunal shall consist of the following members appointed by the Lieutenant-Governor in Council:
(a) a Chair who shall be a barrister and solicitor who has been a member in good standing of the Law Society of New Brunswick for at least five years immediately preceding the date of appointment; and
(b) two members from each region.
58(2)The Lieutenant-Governor in Council may appoint to the Tribunal two alternate members from each region to serve in the place of a member appointed under paragraph (1)(b) from the same region if, for any reason, the member is unable to act.
58(3)The Lieutenant-Governor in Council shall appoint a maximum of three Vice-Chairs to the Tribunal
(a) none of whom shall be members of the Tribunal appointed under paragraph (1)(b) or subsection (2), and
(b) each of whom shall be a barrister and solicitor who has been a member in good standing of the Law Society of New Brunswick for at least five years immediately preceding the date of appointment.
58(4)No person shall be eligible to hold office as the Chair, a Vice-Chair or other member of the Tribunal if the person is employed within the civil service of the Province.
Skills and qualification requirements of members
59In making appointments to the Tribunal, the Lieutenant-Governor in Council shall
(a) use a merit-based and objective approach,
(b) ensure that the persons appointed to the Tribunal have the skills, qualifications, training and experience in order to carry out their functions, including those prescribed by regulation, and
(c) ensure that the Tribunal as a whole has the skills, qualifications, training and experience in order for it to carry out its functions, including those prescribed by regulation.
Terms of office and reappointments
60(1)The Chair shall be appointed to the Tribunal for a term not exceeding ten years and may be reappointed.
60(2)A member of the Tribunal, other than the Chair, shall be appointed for a term of not fewer than three years and no more than seven years.
60(3)The members of the Tribunal, other than the Chair, may be reappointed for no more than two additional terms, but no member reappointed under this subsection shall hold office for more than 15 consecutive years.
60(4)Any appointment to the Tribunal may be revoked by the Lieutenant-Governor in Council for cause.
60(5)Despite subsections (1), (2) and (3), but subject to subsection (4), a member of the Tribunal shall remain in office until the member resigns or is reappointed or replaced.
Remuneration and expenses
61The Lieutenant-Governor in Council shall determine the remuneration to be paid to the Chair, Vice-Chairs and other members of the Tribunal and may fix the rate for reimbursement of expenses incurred by them while acting on behalf of the Tribunal.
B
Powers, duties and functions of the Tribunal
Powers, duties and functions of the Tribunal - general
62(1)The Tribunal may exercise any power conferred on the Tribunal and shall perform the duties and functions required to be performed by the Tribunal under this Act or its regulations or any other Act or regulation, including
(a) the Assessment Act,
(b) the Community Planning Act, and
(c) the Heritage Conservation Act.
62(2)The Tribunal shall exercise any other powers as may be conferred on the Tribunal by the Lieutenant-Governor in Council and shall perform any other duties and functions as may be required by the Lieutenant-Governor in council to be performed by the Tribunal.
Duties of the Chair
63(1)The Chair shall preside at sittings of the Tribunal, and the Chair’s opinion on a question of law raised during a hearing shall prevail.
63(2)The Chair shall determine the time and place of sittings of the Tribunal.
Authorization of Vice-Chair to act as Chair
64(1)The Minister may authorize a Vice-Chair to act as Chair in the absence of the Chair or in the case of a vacancy, and when so authorized, the Vice-Chair has all the powers and duties of the Chair.
64(2)The Chair may authorize a Vice-Chair to preside at a sitting of the Tribunal, and when so authorized, the Vice-Chair has all the powers and duties of the Chair.
Hearings
65(1)All hearings before the Tribunal shall be held in public.
65(2)The Tribunal shall give notice to the public of a hearing in the manner it considers appropriate.
65(3)It is permitted to use electronic means of communication in a hearing of the Tribunal if it allows members of the panel and the parties to hear and speak to each other and allows the public to hear the members of the panel and the parties.
65(4)A member of a panel or a party who participates in a hearing in the manner referred to in subsection (3) shall be deemed to be present at the hearing.
Hearing of appeal by Chair
66If all the parties consent, the Chair sitting alone may hear an appeal.
Deciding vote of the Chair
67In the event of a tie on any matter decided during the hearing of an appeal, the Chair shall have the deciding vote.
Panels of the Tribunal
68(1)Appeals to the Tribunal shall be heard by a panel of two or three members of the Tribunal consisting of the Chair and one or two members selected by the Chair from the region in which the appeal originates.
68(2)Despite subsection (1), the Chair may, if the Chair considers it necessary, designate one or two of the following persons to serve on a panel of the Tribunal in place of the member or members from the region in which the appeal originates:
(a) an alternate member appointed under subsection 58(2); or
(b) a member from another region.
68(3)For greater certainty, in no case shall a panel of the Tribunal consist of more than three members.
68(4)Any order, ruling or decision of or any act or thing done by a panel of the Tribunal shall be an order, ruling or decision of or an act or thing done by the Tribunal.
Case conferences
69(1)In a proceeding under this Act, the Tribunal may conduct one or more case conferences.
69(2)The purposes of a case conference include
(a) exploring the chances of settling the case,
(b) identifying the issues that are in dispute, and
(c) narrowing the issues in dispute between the parties.
69(3)The procedure with respect to a case conference shall be determined by the Tribunal.
Powers under the Inquiries Act
70The Tribunal has all the powers, privileges and immunities of a commissioner under the Inquiries Act, and the procedural safeguards contained in the regulations under that Act apply to any appeals to the Tribunal.
Right to be heard
71A party to an appeal to the Tribunal is entitled to be heard, either in person or by counsel, on the appeal.
Orders and decisions
72(1)On disposition of an appeal, the Tribunal shall give its decision in writing along with the reasons for its decision.
72(2)The Chair shall send a copy of the Tribunal’s decision, including its reasons, in the manner the Chair determines, to all parties involved in an appeal and
(a) in the case of an appeal commenced under the Community Planning Act, to the Minister, and
(b) in the case of an appeal commenced under the Heritage Conservation Act, to the council of the local government.
72(3)All orders, rulings, decisions or documents made or issued by the Tribunal shall be signed by the Chair.
Register
73(1)The Tribunal shall maintain, in any form the Tribunal considers appropriate, a public register in which shall be entered information respecting the Tribunal’s orders, rulings and decisions.
73(2)The register shall be available to the public in the form and manner that the Commission considers appropriate and may be available electronically.
Head office
74The head office of the Tribunal shall be in The City of Fredericton.
Official seal
75(1)The Tribunal shall have an official seal, which shall be judicially noticed.
75(2)The seal of the Tribunal shall be in a form adopted by the Tribunal and shall include the words “ASSESSMENT AND PLANNING APPEAL TRIBUNAL – NEW BRUNSWICK” and “TRIBUNAL D’APPEL EN MATIÈRE D’ÉVALUATION ET D’URBANISME – NOUVEAU-BRUNSWICK”.
75(3)The failure to affix a seal to a decision, order or ruling of the Tribunal does not affect the validity of the decision, order or ruling.
4
POWER OF MINISTER RESPECTING BY-LAWS
Commission to conduct study and provide report
76(1)When the Minister directs the Commission to conduct a study respecting the repeal or amendment of a by-law under paragraph 20.3(b) of the Local Governance Act, the Commission shall conduct the study and provide the Minister with a report setting out its findings and recommendations.
76(2)The Commission shall determine the manner in which the study is to be conducted.
76(3)For the purpose of the making of the report referred to in subsection (1), the Commission
(a) shall give public notice in the manner it considers appropriate that a report is being prepared and invite submissions from interested persons, including other local governments, and
(b) may hold public hearings at the times and places that the Commission considers appropriate in order to hear representations from interested persons, including other local governments.
76(4)The Commission may, at any time and on its own initiative, seek recommendations or expertise from any provincial agency, board, commission or government department with respect to any standards, practices or policies that the Commission considers relevant.
76(5)A report of the Commission referred to in subsection (1) shall include a description of the impact of repealing or amending the by-law, as the case may be,
(a) on land use, and
(b) on residents of the local government and any impacted groups within the local government.
 5
GENERAL
Administration
77The Commission is responsible for the administration of this Act.
Immunity
78No action, application or other proceeding may be brought against any of the following for anything done or not done, or for any neglect, in the performance or exercise, or the intended performance or exercise, in good faith of a power or duty under this Act or any other Act:
(a) the Commission;
(b) the Chair or a former Chair of the Commission or the Chair or a former Chair of the Tribunal;
(c) the Vice-Chair or a former Vice-Chair of the Commission or the Vice-Chair or a former Vice-Chair of the Tribunal;
(d) any other member or former member of the Commission or Tribunal;
(e) an employee or former employee of the Commission or Tribunal;
(f) a person appointed under this Act; and
(g) a person acting under or who has acted under the authority of this Act.
Indemnity
79The following persons shall be indemnified against all costs, charges and expenses incurred by them in relation to any action or other proceeding brought or prosecuted against them in connection with the duties of the person and with respect to all other costs, charges and expenses that the person incurs in connection with those duties, except costs, charges and expenses that are occasioned by that person’s own wilful neglect or wilful default:
(a) the Commission;
(b) the Chair or a former Chair of the Commission or the Chair or a former Chair of the Tribunal;
(c) the Vice-Chair or a former Vice-Chair of the Commission or a Vice-Chair or a former Vice-Chair of the Tribunal;
(d) any other member or former member of the Commission or Tribunal;
(e) an employee or former employee of the Commission or Tribunal;
(f) a person appointed under this Act;
(g) a person acting under or who has acted under the authority of this Act; and
(h) the heirs and legal representatives of the persons referred to in this section.
Annual report
80The following persons shall make a report annually to the Minister with respect to their activities under this and any other Act, and the report shall include any information required by the Minister or prescribed by regulation:
(a) the Commission; and
(b) the Tribunal.
Agreements
81Subject to the provisions of this Act and regulations, the Commission may enter into agreements for the purposes of fulfilling its mandate.
Offences respecting failure to comply
82(1)A member of council, member of the board of directors of a regional service commission or member of a local board and any of their officers or employees shall comply with the orders, directions and decisions of the Commission in any matter relating to the administration of the affairs of the local government, regional service commission or local board, as the case may be.
82(2)Any person referred to in subsection (1) who knowingly violates or fails to comply with any order, direction or decision referred to in that subsection or who, as a member of council, member of the board of directors of a regional service commission or member of a local board, as the case may be, votes contrary to the order, direction or decision commits an offence punishable under Part 2 of the Provincial Offences Procedure Act as a category F offence.
Lieutenant-Governor in Council may require report or action
83(1)At any time, the Lieutenant-Governor in Council may require the Commission to submit a report or to take any action with respect to any question, matter or thing arising or required to be done in respect of a local government or regional service commission under this or any other Act.
83(2)The Commission shall, within the time the Lieutenant-Governor in Council may fix, submit the report or take the action referred to in subsection (1) and may require the local government or regional service commission, as the case may be, to provide any information the Lieutenant-Governor in Council considers necessary for those purposes.
Regulations
84The Lieutenant-Governor in Council may make regulations
(a) prescribing a body for the purposes of the definition “local board” in section 1;
(b) prescribing skills, qualifications, training and experiences for the purposes of section 7;
(c) respecting the practices and procedures of the Commission;
(d) respecting the duties and functions to be performed by the Commission;
(e) respecting the recovery of fees and expenses incurred in relation to inspections referred to in section 21;
(f) respecting the recovery of fees and expenses incurred in relation to audits referred to in section 25;
(g) prescribing the criteria to be met to determine a default in meeting its obligation for the purposes of paragraph 26(1)(a);
(h) prescribing any other means or combination of means of giving notice for the purposes of paragraph 31(b);
(i) prescribing other means or combination of means of giving notice for the purposes of paragraph 38(4)(b);
(j) respecting the recovery of the fees and expenses incurred in relation to supervisors referred to in section 39;
(k) respecting the procedure to be followed by a local government or a regional service commission when receiving a request to review an alleged breach of a code of conduct or conflict of interest;
(l) governing the conduct of a review of a decision under section 48;
(m) prescribing information respecting a proposal referred to in section 49;
(n) respecting the preparation of a report referred to in subsection 50(1), including prescribing information to be included in the report;
(o) establishing regions of the Tribunal for the purposes the definition “region” in section 55;
(p) respecting the practices and procedures of the Tribunal;
(q) prescribing the skills, qualifications, training and experience for the purposes of section 59;
(r) respecting the duties and functions to be performed by the Tribunal;
(s) prescribing information for the purposes of an annual report referred to in section 80;
(t) governing agreements under section 81;
(u) defining any word or expression used but not defined in this Act;
(v) respecting any other matter that may be necessary for the proper administration of this Act.
6
TRANSITIONAL PROVISIONS, CONSEQUENTIAL AMENDMENTS, REPEAL AND COMMENCEMENT
A
Transitional provisions
Appeals before the Assessment and Planning Appeal Board
85Despite any inconsistency with a provision of this Act, any appeal commenced under the Assessment and Planning Appeal Board Act, chapter 114 of the Revised Statutes, 2011, before the Assessment and Planning Appeal Board before the coming into force of this section is to be dealt with in accordance with the process in effect under this Act.
Terms of office of members appointed to the Assessment and Planning Appeal Board
86Despite any inconsistency with a provision of this Act, a person who was a member of the Assessment and Planning Appeal Board appointed under section 2 of the Assessment and Planning Appeal Board Act, chapter 114 of the Revised Statutes, 2011, immediately before the commencement of this section shall be deemed to have been appointed under section 58 of this Act and continues in office until the person resigns or is reappointed or replaced.
Continuation of orders - Assessment and Planning Appeal Board
87An order, ruling or decision of the Assessment and Planning Appeal Board that was valid and of full force and effect immediately before the commencement of this section
(a) continues to be valid and of full force and effect; and
(b) shall be deemed to be an order, ruling or decision of the Assessment and Planning Appeal Tribunal.
Revocation of appointment of Commissioner of Municipal Affairs
88(1)On the commencement of this section, the appointment of the Commissioner of Municipal Affairs under the Control of Municipalities Act, chapter C-20 of the Revised Statutes, 1973, in effect immediately before the commencement of this section is revoked.
88(2)No action, application or other proceeding lies or shall be instituted against the Crown in right of the Province as a result of the revocation of the appointment of the Commissioner of Municipal Affairs under subsection (1).
Continuation of orders – Commissioner of Municipal Affairs
89(1)Subject to subsection (2), an order, decision or approval of the Commissioner of Municipal Affairs under the Control of Municipalities Act, chapter C-20 of the Revised Statutes, 1973, that was valid and of full force and effect and that if made after the commencement of this section would be made under this Act
(a) continues to be valid and of full force and effect; and
(b) shall be deemed to be an order, decision or approval of the Commissioner of Local Governance Affairs.
89(2)An order, decision or approval of the Commissioner under section 8 of the Control of Municipalities Act, chapter C-20 of the Revised Statutes, 1973, that was valid and of full force and effect and that if made after the commencement of this section would be made under this Act
(a) continues to be valid and of full force and effect; and
(b) shall be deemed to be an order, decision or approval of the Minister of Local Government.
2023, c.40, s.21
B
Consequential amendments
Regulation under the Accountability and Continuous Improvement Act
90Schedule B of New Brunswick Regulation 2022-80 under the Accountability and Continuous Improvement Act is amended
(a) by striking out “Assessment and Planning Appeal Board”;
(b) by adding the following in alphabetical order:
Assessment and Planning Appeal Tribunal
Local Governance Commission
Assessment Act
91(1)Section 1 of the Assessment Act, chapter A-14 of the Revised Statutes, 1973, is amended by repealing the definition “Board” and substituting the following:
“Board” means the Assessment and Planning Appeal Board continued as the Assessment and Planning Appeal Tribunal under the Local Governance Commission Act;(Commission)
91(2)The heading “APPEALS TO THE ASSESSMENT AND PLANNING APPEAL BOARD” preceding section 27 of the Act is repealed and the following is substituted:
APPEALS TO THE ASSESSMENT AND PLANNING APPEAL TRIBUNAL
91(3)Subsection 37(2) of the Act is amended by striking out “under subsection 14(2) of the Assessment and Planning Appeal Board Act” and substituting “under subsection 72(2) of the Local Governance Commission Act”.
Regulation under the Assessment Act
92(1)Section 2 of New Brunswick Regulation 84-6 under the Assessment Act is amended by adding the following definition in alphabetical order:
“Board” means the Assessment and Planning Appeal Board continued as the Assessment and Planning Appeal Tribunal under the Local Governance Commission Act.(Commission)
92(2)The heading “PRACTICE AND PROCEDURE OF THE ASSESSMENT AND PLANNING APPEAL BOARD” preceding section 12 of New Brunswick Regulation 84-6 under the Assessment Act is amended by striking out “ASSESSMENT AND PLANNING APPEAL BOARD” and substituting “ASSESSMENT AND PLANNING APPEAL TRIBUNAL”.
Clean Environment Act
93 Subsection 15.2(22) of the Clean Environment Act, chapter C-6 of the Revised Statutes, 1973, is amended by striking out “and all other guidelines prescribed under section 8 of the Control of Municipalities Act” and substituting “, and all other guidelines, standards and requirements established in respect of them, under section 99.1 of the of the Local Governance Act”.
Community Planning Act
94(1)Subsection 1(1) of the Community Planning Act, chapter 19 of the Acts of New Brunswick, 2017, is amended by repealing the definition “Board” and substituting the following:
“Board” means the Assessment and Planning Appeal Board continued as the Assessment and Planning Appeal Tribunal under the Local Governance Commission Act.(Commission)
94(2)The heading “APPEALS TO THE ASSESSMENT AND PLANNING APPEAL BOARD” preceding section 120 of the Act is amended by striking out “ASSESSMENT AND PLANNING APPEAL BOARD” and substituting “ASSESSMENT AND PLANNING APPEAL TRIBUNAL”.
94(3)Subsection 121(7) of the Act is amended by striking out “under subsection 14(2) of the Assessment and Planning Appeal Board Act” and substituting “under subsection 72(2) of the Local Governance Commission Act”.
Regulation under the Community Planning Act
95(1)Section 1 of New Brunswick Regulation 2019-28 under the Community Planning Act is amended by striking out “Assessment and Planning Appeal Board” and substituting “Assessment and Planning Appeal Tribunal”.
95(2)Form 1 of the Regulation is amended
(a) by striking out “Planning Appeal Board Regulation” and substituting “Planning Appeal Tribunal Regulation”;
(b) by striking out “ASSESSMENT AND PLANNING APPEAL BOARD” and substituting “ASSESSMENT AND PLANNING APPEAL TRIBUNAL”.
95(3)Form 2 of the Regulation is amended
(a) by striking out “Planning Appeal Board Regulation” and substituting “Planning Appeal Tribunal Regulation”;
(b) by striking out “ASSESSMENT AND PLANNING APPEAL BOARD” and substituting “ASSESSMENT AND PLANNING APPEAL TRIBUNAL”.
Heritage Conservation Act
96(1)Section 1 of the Heritage Conservation Act, chapter H-4.05 of the Acts of New Brunswick, 2010, is amended by repealing the definition “Appeal Board” and substituting the following:
“Appeal Board” means the Assessment and Planning Appeal Board continued as the Assessment and Planning Appeal Tribunal under the Local Governance Commission Act.(Commission d’appel)
96(2)Section 69 of the Act is amended
(a) in subsection (2) by striking out “in section 10 of the Assessment and Planning Appeal Board Act” and substituting “in section 66 of the Local Governance Commission Act”;
(b) in subsection (3) by striking out “Assessment and Planning Appeal Board Act” and substituting “Local Governance Commission Act”.
96(3)Subsection 71(3) of the Act is amended by striking out “with subsection 14(2) of the Assessment and Planning Appeal Board Act” and substituting “with subsection 72(2) of the Local Governance Commission Act”.
Local Governance Act
97(1)Paragraph 10(2)(b) of the Local Governance Act, chapter 18 of the Acts of New Brunswick, 2017, is amended by striking out “prescribed by regulation” and substituting “in accordance with the regulations”.
97(2)The Act is amended by adding the following after section 20:
Power to repeal or amend by-law
20.1A by-law made by a council under any Act, except a by-law prescribed by regulation, may be repealed or amended by order of the Minister under section 20.5 if the Minister determines
(a) that the by-law or any portion of the by-law prevents the reasonable use of property consistent with the purpose for which it was zoned, and
(b) that it is in the public interest to repeal or amend the by-law, as the case may be.
Application to repeal or amend by-law
20.2(1)An owner of property who alleges that a by-law or any portion of a by-law prevents the reasonable use of the property may apply to the Minister to repeal or amend a by-law, and, on receiving a completed application, the Minister shall notify the local government that made the by-law of the application.
20.2(2)When notified by the Minister, the local government that made the by-law shall inform the Minister if any proposed amendments to the by-law could impact the Minister’s decision to repeal or amend the by-law.
20.2(3)An application to repeal or amend a by-law shall
(a) describe how the by-law prevents the reasonable use of property consistent with the purpose for which it was zoned,
(b) provide evidence that the property referred to in the application is being used in conformity with the land use plan and the zoning by-law, and
(c) provide evidence that the applicant has attempted, in good faith, to resolve the matter in dispute with the local government and is unable to bring about a resolution of the dispute.
Power to dismiss application or refer to Commission
20.3If, on review of the application and any other information the Minister considers necessary, the Minister determines that
(a) the application does not comply with the requirements set out in subsection 20.2(3) or it is not in the public interest to repeal or amend the by-law, as the case may be, the Minister shall dismiss the application, or
(b) the application complies with the requirements set out in subsection 20.2(3) and it may be in the public interest to repeal or amend the by-law, as the case may be, the Minister shall direct the Local Governance Commission established under the Local Governance Commission Act to conduct a study and provide a report of the matter.
Notice of objection
20.4(1)Following review of the report of the Local Governance Commission established under the Local Governance Commission Act referred to in section 76 of that Act, the Minister may prepare a notice of objection indicating that the by-law is to be repealed or the provisions of the by-law are to be amended, as the case may be, in accordance with the notice of objection, unless the council complies with the notice of objection within 90 days of being sent the notice.
20.4(2)The Minister shall send a copy of the notice of objection to the local government.
20.4(3)Within 90 days after being sent the notice of objection, the local government shall repeal the by-law or amend the provisions in the by-law that require amendment, as the case may be, in accordance with the notice of objection.
Order of Minister
20.5(1)If a council does not comply with the notice of objection in the manner directed by the Minister under section 20.4, the Minister may order that the by-law be immediately repealed or amended in accordance with the order.
20.5(2)On the date set out in the order under subsection (1), the by-law is deemed to be repealed or amended, as the case may be, in accordance with the order.
20.5(3)An order of the Minister under this section is final and binding.
97(3)Section 21 of the Act is amended
(a) in subsection (1) by repealing the portion preceding paragraph (a) and substituting the following:
21(1)Before making a recommendation to the Lieutenant-Governor in Council under subsection (2), the Minister shall review the recommendations of the Local Governance Commission provided to the Minister under section 52 of the Local Governance Commission Act before determining whether to recommend
(b) in subsection (1.1) by repealing the portion preceding paragraph (a) and substituting the following:
21(1.1)Before determining whether to recommend the dissolution of a local government and its annexation to a rural district under section 29, the Minister may request that the Local Governance Commission established under the Local Governance Commission Act conduct a viability review of the matter that includes the following factors:
97(4)The heading “Initiating an amalgamation, annexation or a decrease in territorial limits” preceding section 28 of the Act is repealed.
97(5)Section 28 of the Act is repealed.
97(6)Subsection 29(4) of the Act is amended by striking out “appointed as supervisor under the Control of Municipalities Act” and substituting “appointed as supervisor under the Local Governance Commission Act”.
97(7)Paragraph 76(1)(c) of the Act is amended by striking out “in accordance with the Control of Municipalities Act” and substituting “in accordance with section 99.1 of this Act”.
97(8)Paragraph 77(3)(b) of the Act is amended by striking out “a committee of supervisors is appointed under the Control of Municipalities Act” and substituting “a supervisor is appointed under the Local Governance Commission Act”.
97(9)Subsection 79(2) of the Act is amended by striking out “and the Control of Municipalities Act”.
97(10) Section 91 of the Act is amended
(a) by repealing subsection (1) and substituting the following:
91(1)On assuming office, each member shall file a statement with the clerk disclosing any actual or potential conflict of interest of which the member has knowledge, and the clerk shall then file the statement with the Local Governance Commission established under the Local Governance Commission Act.
(b) by repealing subsection (2) and substituting the following:
91(2)If a conflict of interest arises while a member is in office, the member shall immediately file a statement disclosing the conflict of interest with the clerk, and the clerk shall then file the statement with the Local Governance Commission established under the Local Governance Commission Act.
(c) in subsection (5)
(i) in paragraph (a) of the English version by striking out the “and” at the end of the paragraph;
(ii) in paragraph (b) by striking out the period at the end of the paragraph and substituting “, and”;
(iii) by adding after paragraph (b) the following:
(c) as soon afterwards as the circumstances permit, file a statement disclosing the conflict of interest with the clerk, and the clerk shall then file the statement with the Local Governance Commission established under the Local Governance Commission Act.
97(11)Section 92 of the Act is amended
(a) by repealing subsection (1) and substituting the following:
92(1)On assuming office, a senior officer shall file a statement with the clerk disclosing any actual or potential conflict of interest of which the senior officer has knowledge, and the clerk shall then file the statement with the Local Governance Commission established under the Local Governance Commission Act.
(b) by repealing subsection (2) and substituting the following:
92(2)If a conflict of interest arises while a senior officer is in office, the senior officer shall file a statement with the clerk disclosing the conflict of interest, and the clerk shall then file the statement with the Local Governance Commission established under the Local Governance Commission Act.
97(12)Section 98 of the Act is amended by striking out “in any other Act, public or private,” and substituting “in any other Act, public or private, other than the Local Governance Commission Act,”.
97(13)The Act is amended by adding after section 99 the following:
Power of Minister respecting accounts and audits of local governments
99.1(1)With respect to local governments and local boards, the Minister has and may exercise powers in relation to the following and may establish standards and requirements in respect of them:
(a) the system of estimates, bookkeeping, accounting and auditing and all other guidelines to be adopted by local governments and local boards, including the manner in which all funds and money of local governments and local boards is accounted for;
(b) the form of and the manner in which all estimates, books of account and any other books and documents relating to the assets, liabilities, revenues and expenditures of local governments and local boards shall be kept;
(c) the forms, returns or other documents and information to be made and provided by local governments and local boards;
(d) the auditing of the accounts, registers and other books and documents relating to the assets, liabilities, revenues, expenditures and funds of local governments and local boards, including the annual reports and other reports, documents and information to be made by auditors of a local government and the performance of the duties of auditors; and
(e) the performance of other things necessary or incidental to any of the powers referred to in paragraphs (a) to (d).
99.1(2)The Minister may, with respect to any of the powers referred to in paragraphs (1)(a), (c), (d) and (e), establish different systems, forms, returns or documents, and different standards and requirements in respect of them, for any local government or local board or any type of local government or local board.
99.1(3)Every local government, every member of council and every member of a local board shall comply with the systems, forms, returns or documents, and all standards and requirements in respect of them, referred to in this section to be adopted, kept or made by the local government or local board or adopted, kept or made by a type of local government or local board.
97(14)Section 191 of the Act is amended
(a) by repealing paragraph (g) and substituting the following:
(g) governing any matters required to be included in a by-law of a local government establishing a code of conduct under paragraph 10(2)(b), including
(i) governing the processes to be followed in implementing a code of conduct or any of the procedures required to be provided for in a code of conduct, and
(ii) prescribing any matters required to be included in a code of conduct;
(b) by adding after paragraph (g) the following:
(g.1) prescribing by-laws, including types of by-law, for the purposes of section 20.1;
(g.2) governing the procedure to be followed respecting the repeal or amendment of a by-law, which may include prescribing timelines that shall apply to any step in the process, for the purposes of sections 20.2, 20.3, 20.4 and 20.5;
(c) by repealing paragraph (h) and substituting the following:
(h) governing the incorporation, amalgamation, annexation or decrease in territorial limits of local governments including, without limitation, the required conditions and procedures;
Regional Service Delivery Act
98(1)Section 3.4 of the Regional Service Delivery Act, chapter 37 of the Acts of New Brunswick, 2012, is amended
(a) by repealing subsection (3) and substituting the following:
3.4(3)When a decision under subsection (2) is made that any or all its members shall not contribute to the costs attributable to any of the infrastructure that was identified in accordance with subsection (1), a Commission shall prepare a report for the Local Governance Commission established under the Local Governance Commission Act, which shall include
(a) a statement containing, with respect to the decision,
(i) a description of the consultation conducted on the matter,
(ii) the views of each of its members with respect to the matter,
(iii) the data on which a decision was based, and
(iv) a detailed explanation of any other factors that led to the decision,
(b) the report provided by the standing committee on sport, recreational and cultural infrastructure to the Commission respecting the infrastructure referred to in subsection (1), and
(c) any other information prescribed by regulation.
(b) by repealing subsection (4);
(c) by repealing subsection (5) and substituting the following:
3.4(5)Within 60 days of receiving the recommendations referred to in subsection 48(3) of the Local Governance Commission Act respecting a decision in an assessment conducted under subsection (1), the Minister shall
(a) order that any or all members are required to contribute to the costs attributable to any infrastructure referred to in subsection (1), or
(b) notify the regional service commission that the Minister will not issue the order referred to in paragraph (a).
98(2)Section 9 of the Act is amended by adding the following after subsection (2.2):
9(2.3)Despite paragraph (2)(a) and subsection (2.1), when a supervisor has been appointed for a local government under the Local Governance Commission Act, the supervisor shall act as the member of the Board for that local government for the duration of the supervision and, if subsection (2.1) applies, the supervisor shall designate a person to hold office as a member.
98(3)Subsection 12(1) of the Act is repealed and the following is substituted:
12(1)A Board may make by-laws not inconsistent with this Act or the regulations
(a) regarding its internal organization,
(b) governing the establishment, operation or dissolution of committees of the Commission,
(c) establishing a code of conduct in accordance with the regulations, and
(d) for the general conduct and management of the affairs of the Commission.
98(4)Subsection 29(2) of the Act is repealed and the following is substituted:
29(2)The annual audited financial statements required under subsection (1) shall be conducted by a chartered professional accountant, in accordance with the systems of estimates, bookkeeping, accounting and auditing, and all other guidelines or standards and requirements established in respect of them, under section 99.1 of the Local Governance Act.
98(5)Section 37 of the Act is amended
(a) by adding after paragraph (d.41) the following:
(d.42) prescribing information for the purposes of paragraph 3.4(3)(c);
(b) by adding after paragraph (y) the following:
(y.1) for the purposes of a code of conduct referred to in paragraph 12(1)(c),
(i) respecting processes to be followed in implementing a code of conduct or any of the procedures required to be provided for in a code of conduct, and
(ii) prescribing any matters required to be included in a code of conduct;
C
Repeals and commencement
Repeal of the Assessment and Planning Appeal Board Act
99The Assessment and Planning Appeal Board Act, chapter 114 of the Revised Statutes, 2011, is repealed.
Regulation under the Assessment and Planning Appeal Board Act
100Despite any inconsistency with a provision of this Act,
(a) New Brunswick Regulation 2001-89 under the Assessment and Planning Appeal Board Act, chapter 114 of the Revised Statutes, 2011, including any amendments made to it under paragraph (b), is valid and continues in force until repealed by a regulation or regulations made by the Lieutenant-Governor in Council under this Act; and
(b) the regulation referred to in paragraph (a) may be amended under the Assessment and Planning Appeal Board Act, chapter 114 of the Revised Statutes, 2011, on or after the commencement of this section as if that Act had not been repealed.
Repeal of the Control of Municipalities Act
101 The Control of Municipalities Act, chapter C-20 of the Revised Statutes, 1973, is repealed.
Commencement
102This Act or any provision of it comes into force on a day or days to be fixed by proclamation.
N.B. This Act was proclaimed and came into force May 15, 2024.
N.B. This Act is consolidated to May 15, 2024.