2017-c.18 Local Governance Act N.B.

The following definitions apply in this Act.

In this Act, a reference to a local government is a reference to the body corporate or to the area inside the territorial limits of the local government, as the context requires.

If a provision of this Act or a regulation made under this Act conflicts with or is inconsistent with a provision in a municipal charter or a private or special Act, this Act or the regulation made under this Act, as the case may be, prevails; but the Lieutenant-Governor in Council may by regulation extend the powers of a local government to include a power set out in its municipal charter or in a private or special Act respecting that local government.

If there is an inconsistency between a by-law of a local government and this Act or a regulation under this Act or any other Act or regulation, the by-law is of no effect to the extent of the inconsistency.

The residents of a local government created under this Act are incorporated as a body corporate under the name prescribed for the local government under this Act.

A local government shall have a corporate seal that its council may alter or change.

Except as provided by regulation, no agreement, contract, instrument or other document to which a local government is a party has any force or effect unless it is

The Corporations Act does not apply to a local government.

Subject to this Act or any other Act, a local government has the capacity, rights, powers and privileges of a natural person.

A local government only has the capacity, rights, powers and privileges of a natural person in respect of municipal purposes.

The powers of a local government are vested in and shall be exercised by its council.

Anything begun by one council may be continued or completed by a succeeding council.

A local government may enter into an agreement to provide services, utilities and facilities to persons outside the territorial limits of the local government.

A local government may participate in an airport commission and may enter into an agreement for that purpose.

Subject to subsection (2), a local government may, for a municipal purpose, establish a corporation or acquire or hold securities of a corporation for any one or more of the following purposes:

A local government shall not establish a corporation that operates for the purpose of making a profit or acquire or hold securities of a corporation that operates for that purpose.

A council may, by by-law, delegate any of its powers, duties or functions under this Act, any other Act or a by-law to a committee of the council, an officer of the local government or a corporation referred to in subsection 8(1) unless this Act or any other Act or by-law provides otherwise.

In a delegation under subsection (1), the council may impose on the delegate the terms and conditions it considers appropriate.

A council shall not delegate

In a delegation under subsection (1), the council may authorize the delegate to subdelegate the powers, duties or functions and to impose on the subdelegate the terms and conditions that the delegate considers appropriate.

Subject to this Act, without limiting the generality of section 6, a local government may make by-laws for municipal purposes respecting

A local government shall make by-laws

A municipality shall make by-laws respecting the provision of the service of police protection.

A rural community or a regional municipality may make by-laws respecting the provision of the service of police protection.

If a matter prescribed by regulation for the purposes of paragraph (2)(a) conflicts with a provision of a municipal charter or a private or special Act, a local government may make a by-law under paragraph (2)(a) that does not include that prescribed matter.

Without limiting the generality of subsections (1) to (4), a by-law made under those subsections respecting a matter may

A by-law of a local government applies only inside the territorial limits of the local government unless a provision of this or another Act provides otherwise.

For greater certainty, a by-law of a local government made under section 10 does not apply in relation to

To be effective a by-law shall

Subject to subsections (3), (4) and (5), to be effective, a by-law shall be read

Instead of being read in its entirety, a summary of a by-law may be read if

Instead of being read in its entirety, a summary of a by-law that amends a by-law may be read if

A by-law that repeals a by-law in one official language and substitutes it with the same by-law in both official languages, or a by-law in one official language that is amended by adopting a version of the by-law in the other official language, shall be deemed to be an amendment to a by-law and a summary of the by-law may be read in accordance with subsection (4).

Unless all the members present declare by resolution that an emergency exists, not more than two of the three readings by title may take place at one meeting of council.

A proposed by-law may be amended at any time before third reading by title.

If a provision of this Act imposes a requirement that two-thirds of the members or all the members of a council vote in favour of a by-law in order to make the by-law, it shall be sufficient compliance with the provision if two-thirds of the members or all the members of a council, as the case may be, vote in favour of the by-law on third reading by title.

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.

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.

An application to repeal or amend a by-law shall

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.

The Minister shall send a copy of the notice of objection to the local government.

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.

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.

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.

An order of the Minister under this section is final and binding.

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

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:

The Minister may make a recommendation to the Lieutenant-Governor in Council relating to any of the actions referred to in paragraphs (1)(a) to (e) or relating to the dissolution of a local government referred to in subsection (1.1).

If the Minister has made a recommendation under subsection 21(2) and the requirements of this Act and the regulations have been met, the Lieutenant-Governor in Council may, by regulation, incorporate the residents of an area as a local government.

The residents of an area with a population of at least 10,000 may be incorporated as a city.

The residents of an area with a population of at least 1,500 may be incorporated as a town.

The residents of an area with a population of at least 15,000 and that contains at least one municipality may be incorporated as a regional municipality.

If the Minister has made a recommendation under subsection 21(2) and the requirements of this Act and the regulations have been met, the Lieutenant-Governor in Council may, by regulation, amalgamate two or more local governments.

If the Minister has made a recommendation under subsection 21(2) and the requirements of this Act and the regulations have been met, the Lieutenant-Governor in Council may, by regulation, amalgamate two or more local governments and may annex contiguous areas to the resulting amalgamated local government.

Despite subsection (2), if more than one area is to be annexed to a local government, and those areas constitute a group, the Lieutenant-Governor in Council may, by regulation, annex the group to the local government if

An area referred to in subsection (3) shall be deemed to be a contiguous area.

Subject to subsection (6), an amalgamation may be effected under this section if the council for each local government that would be affected by the amalgamation passes a resolution in favour of the amalgamation.

If the resolutions referred to in subsection (5) have not been passed by the local governments affected by an amalgamation, an Act of the Legislature is required to effect the amalgamation.

If the Minister has made a recommendation under subsection 21(2) and the requirements of this Act and the regulations have been met, the Lieutenant-Governor in Council may, by regulation, annex a contiguous area to a local government.

Despite subsection (1), if more than one area is to be annexed to a local government, and those areas constitute a group, the Lieutenant-Governor in Council may, by regulation, annex the group to the local government if

An area referred to in subsection (2) shall be deemed to be a contiguous area.

A local government may, by resolution of council, request that the Minister recommend the dissolution of the local government.

If the Minister has made a recommendation under subsection 21(2) and the requirements of this Act and the regulations have been met, the Lieutenant-Governor in Council may dissolve the local government by regulation and annex the dissolved local government to the rural district in the service region in which the dissolved local government is located.

If an annexation occurs under subsection (2), the Lieutenant-Governor in Council may, by regulation, change the territorial limits of the rural district.

The Minister may appoint a person to carry out any of the actions necessary and incidental to the dissolution.

A person appointed under subsection (3) may be the same person appointed as supervisor under the Local Governance Commission Act.

Repealed: 2021, c.44, s.4

In a regulation dissolving a local government, the Lieutenant-Governor in Council may

The Minister may, by order, prescribe that a service be provided in a rural district affected by an annexation under subsection (2) or in an area within the rural district or prescribe that a service be discontinued in the rural district or in an area within the rural district.

The Regulations Act does not apply to an order made under subsection (7).

Within one and one-half years after the effective date of a dissolution, the Minister shall review the rural plan of the rural district affected by the annexation and, if the Minister considers it to be advisable, amend it.

The Lieutenant-Governor in Council may, in a regulation effecting an incorporation, amalgamation, annexation or a decrease in territorial limits of a rural community or a regional municipality,

If a rural community or a regional municipality makes a by-law under section 10 that prescribes that a service be provided by the rural community or regional municipality that had previously been prescribed as being provided by the Minister in a regulation under paragraph (1)(a), the service provided by the Minister shall be discontinued without requiring an amendment to the regulation.

If a rural community or a regional municipality makes a by-law under section 10 that discontinues a service that had previously been prescribed as being provided by the rural community or regional municipality under paragraph (1)(c), the service shall be discontinued without requiring an amendment to the regulation.

A regulation effecting an incorporation or amalgamation of a local government shall provide for a first election in accordance with subsection (6).

A regulation effecting an annexation that results in an increase of more than 50% in the population of the residents of a local government shall provide for a first election in accordance with subsection (6).

A regulation effecting an annexation that results in an increase of between 15% and 50%, inclusive, in the population of the residents of a local government may provide for a by-election in accordance with subsection (7).

A regulation effecting an annexation that results in an increase of less than 15% in the population of the residents of a local government shall not provide for the holding of a first election or by-election.

A regulation effecting a decrease in territorial limits of a local government may provide for the holding of a first election in accordance with subsection (6).

For the purpose of a first election, the Lieutenant-Governor in Council may provide for

For the purpose of a by-election, the Lieutenant-Governor in Council may provide for

In this section, “effective date of the restructuring” means the effective date of the incorporation, amalgamation, annexation or decrease in territorial limits of a local government in a regulation made under subsection 22(1), 24(1) or (2) or 25(1) or section 26.

Despite any provision of this Act or any other Act, if a first election for a council is held before the effective date of the restructuring

Despite any provision of this Act or any other Act, if a first election for a council is held before the effective date of the restructuring, a member of council of an affected local government

Despite any provision of this Act or any other Act, if a first election for a council is held before the effective date of the restructuring, the council of an affected local government shall continue to exercise its powers in relation to the day-to-day activities of the local government but on and after the day set for the election of the first council of the new local government, the council of the affected local government shall not, unless expressly authorized by the Lieutenant-Governor in Council,

If a council acts in contravention of subsection (4), that action is void and has no effect.

Despite any provision of this Act or any other Act, if a first election for a council is held before the effective date of the restructuring, the first council of the new local government, on taking the oath of office or making the affirmation of office and before the effective date of the restructuring

If a transitional budget is submitted under paragraph (6)(b), the expenses incurred by the first council under this section shall be deemed to be an expense of the new local government and shall be included in the estimate of the money required for the operation of the new local government adopted under paragraph 99(2)(a) for the first fiscal year.

If no transitional budget is submitted under paragraph (6)(b), the remuneration, expenses and salaries referred to in subparagraphs (6)(b)(i) to (iii) shall be deemed to be an expense of any former local government or rural district affected and shall be included in their financial results.

The Minister of Finance and Treasury Board may advance to the first council an amount determined under paragraph (6)(b) and that amount may be recovered by the Minister of Finance and Treasury Board from any amount to be paid to the new local government under the Community Funding Act following the effective date of the restructuring.

Despite any provision of this Act or any other Act, if a first election for a council is held before the effective date of the restructuring, the first council of the new local government, on taking the oath of office or making the affirmation of office,

The first council may, by resolution during the period between the taking of the oath of office or the making of the affirmation of office and six months after the effective date of the restructuring, revoke the appointment of an officer appointed by an affected local government and

A resolution under subparagraph (11)(b)(i), (ii) or (iii) passed before the effective date of the restructuring shall not be effective until the effective date of the restructuring.

A resolution under subparagraph (11)(b)(iii) requires two-thirds of the members of council to vote in favour of its passing.

The clerk of the new local government shall cause a certified copy of the resolution under subsection (11) to be served on the officer of the affected local government within seven days after the passing of the resolution.

The council of an affected local government shall provide to the first council of the new local government all information requested by the first council of the new local government.

The Minister may

A member elected to a first council of a new local government before the effective date of the restructuring does not have a conflict of interest in relation to a matter before that first council for consideration by reason only that the member is also a member of the council of an affected local government.

A member of council of an affected local government does not have a conflict of interest in relation to a matter before the council of the affected local government for consideration by reason only that the member is also a member elected to a first council of a new local government before the effective date of the restructuring.

In this section “effective date of the annexation” means the effective date of an annexation referred to in subsection 33.1(3).

Despite any provision of this Act or any other Act, if a by-election for new councillors of an affected local government is held before the effective date of the annexation, the current members of the council shall continue to hold office and the council shall continue to exercise its powers in relation to the day-to-day activities of the local government.

Before the effective date of the annexation, an increase in the number of members on a council of an affected local government in the regulation effecting the annexation

In this section, “resident” means resident within the meaning of section 14 of the Municipal Elections Act.

Except as provided under this section or in a regulation under subsection 22(1), 24(1) or (2) or 25(1) or section 26, the Municipal Elections Act applies to a first election for council and the first election shall be held in accordance with the Municipal Elections Act.

A first election shall not be held in the six-month period after a general election is held.

If a first election is held at the same time as a general election, the Municipal Electoral Officer may, on or after January 1 in the year in which the election is to be held, change the polling divisions determined under subsection 10(1) of the Municipal Elections Act and revise the list of polling divisions prepared under subsection 10(2) of the Municipal Elections Act to provide for any revised polling divisions that are necessary for the conduct of the first election.

A person is not qualified to be a candidate for the office of mayor or councillor of a local government in a first election unless the person has been resident within the territorial limits of the local government, as the territorial limits of the local government are described under the regulation effecting the incorporation, amalgamation, amalgamation and annexation, annexation or decrease in territorial limits of the local government, for at least six months immediately before the election.

If a first election is held in a local government that is divided into wards, a person is not entitled to be a candidate for the office of councillor for a ward unless the person is resident in the ward, as that ward is described under the regulation effecting the incorporation, amalgamation, amalgamation and annexation, annexation or decrease in territorial limits of the local government, at the time of the person’s nomination.

If a first election is held in a local government that is divided into wards, the voters resident in a ward shall vote only for the candidates nominated for that ward unless provided otherwise in the regulation effecting the incorporation, amalgamation, amalgamation and annexation, annexation or decrease in territorial limits of the local government.

Subsection (7) does not apply to candidates for the office of mayor or councillor at large.

If a first election is held at the same time as a general election, the Municipal Electoral Officer shall give a notice of election in relation to the local government as described under the regulation effecting the incorporation, amalgamation, amalgamation and annexation, annexation or decrease in territorial limits but shall not give a notice of election in relation to the local government that exists before the effective date of the incorporation, amalgamation, amalgamation and annexation, annexation or decrease in territorial limits of that local government.

Except if a first election is held at the same time as a general election and subject to subsection (11), the preliminary voters list for a first election shall be the most recent voters list prepared for the previous election.

The Municipal Electoral Officer may, if the Municipal Electoral Officer considers it advisable, prepare a new voters list for the first election in accordance with the Municipal Elections Act.

This section applies with the necessary modifications to a by-election held in relation to an annexation referred to in subsection 33.1(3).

If there is a conflict between a provision in a regulation made under subsection 22(1), 24(1) or (2) or 25(1) or section 26 and a provision of this section, the provision in the regulation prevails.

Despite any other provision of this Act or the Community Planning Act, if the residents of a rural district or a portion of a rural district are incorporated as a new local government, any portion of a rural plan or any other regulation under the Community Planning Act that is designated in the regulation effecting the incorporation shall be deemed to be the municipal plan, rural plan, zoning by-law or other by-law, as designated in the regulation, of the local government as of the effective date of the incorporation and shall be deemed to be validly made in accordance with this Act and with the Community Planning Act.

If the residents of two or more rural districts or if the residents of portions of two or more rural districts are incorporated as a new local government, subsection (1) applies with the necessary modifications to any regulation under the Community Planning Act that is designated in the regulation effecting the incorporation as a municipal plan, rural plan, zoning by-law or other by-law, as the case may be, of the portion of the new local government designated in the regulation effecting the incorporation.

The council of a newly incorporated local government shall conduct a review of any municipal plan, rural plan, zoning by-law or other by-law deemed to be such under subsection (1) or (2) within five years after the effective date of the incorporation and shall report the results of the review to the Minister in writing.

A municipal plan, rural plan, zoning by-law or other by-law deemed to be such under subsection (1) or (2) shall remain in force in the new local government until repealed by the council.

Despite any other provision of this Act or the Community Planning Act, when a portion of a rural district is annexed to a local government, any rural plan or any portion of a rural plan or any other regulation under the Community Planning Act that is designated in the regulation effecting the annexation shall be deemed to be the municipal plan, rural plan, zoning by-law or other by-law, as designated in the regulation, of the annexed area as of the effective date of the annexation and shall be deemed to be validly made in accordance with this Act and with the Community Planning Act.

Despite any other provision of this Act or the Community Planning Act, when an area that is part of one local government is annexed to another local government, the zoning by-law or the zoning provisions in the rural plan of the local government from which the area is annexed shall be deemed to be the zoning by-law or the zoning provisions of the annexed area as of the effective date of the annexation and shall be deemed to be validly made in accordance with this Act and the Community Planning Act.

Despite section 31 of the Community Planning Act, if there is a conflict between the municipal plan of an annexing local government and a zoning by-law deemed to be such under subsection (1) or (2), the zoning by-law prevails.

If subsection (1) or (2) applies to an annexation, the council of the annexing local government shall within one and one-half years after the effective date of the annexation review and amend the municipal plan and zoning by-law or rural plan of the local government so that the municipal plan and zoning by-law or rural plan incorporates the provisions of the municipal plan, rural plan, zoning by-law or other by-law deemed to be such under subsection (1) or (2).

A municipal plan, rural plan, zoning by-law or other by-law deemed to be such under subsection (1) or (2) shall remain in force in the annexed area until repealed by the council.

The incorporation of local government as a different category of local government does not affect the by-laws then in force in the local government and they remain in force until repealed by the council.

The amalgamation of two or more local governments does not affect the by-laws then in force in each of the former local governments and they remain in force in each former local government until repealed by the council of the new local government.

Subject to sections 39 and 107, when an area is annexed to a local government, the by-laws of the local government extend to the annexed area.

When the territorial limits of a local government are decreased, the by-laws of the local government continue to apply in its reduced territorial limits.

If two local governments are amalgamated or if a local government is incorporated as a different category of local government, all the assets and liabilities of the former local government or local governments and its or their local commissions are assets and liabilities of the new local government and the new local government for all purposes stands in the place and stead of the former local government or former local governments.

When the territorial limits of a local government are decreased, its assets and liabilities and those of its local commissions shall be adjusted in accordance with an agreement between the local government and any other local government that is affected.

Subject to subsection (2), the council of a local government that is not divided into wards for election purposes shall consist of

A local government may change the composition of its council by making a by-law that increases the number of councillors for the purposes of paragraph (1)(b).

Subject to subsection (2), the council of a local government divided into wards for election purposes consists of

A local government may change the composition of its council by making a by-law that

Only the voters residing in a ward shall vote for the candidates nominated for that ward.

A notice of intention to make a by-law under section 42, subsection 43(2) or 44(2), describing the proposed by-law by title and generally by subject matter, and specifying the date and location of the meeting at which the by-law will be considered shall be given in the following manner in order for the by-law to be effective:

A by-law referred to in subsection (1) requires a majority of the council to vote in favour of making the by-law.

No by-law referred to in subsection (1) comes into force until it has been filed by the council with the Municipal Electoral Officer.

Despite subsection (3), in order for a by-law referred to in subsection (1) to apply to a general election it must be filed with the Municipal Electoral Officer more than six months before the election.

Subject to subsections (4) and (10), no changes to the wards of a local government or to the composition of its council in a by-law referred to in subsection (1) shall be effective until the general election that follows the making of the by-law.

A by-law made under subsection 43(2) or 44(2) shall not be amended or repealed within four years after the commencement of the by-law or its most recent amendment.

Subsection (6) does not apply to a by-law made under subsection 43(2) or 44(2) as the consequence of an amalgamation or annexation.

A by-law made under section 42 shall not be amended or repealed to alter the limits of a ward of the local government within four years after the commencement of the by-law or its most recent amendment.

Despite subsection (8), a by-law made under section 42 may be amended or repealed to alter the limits of a ward of the local government if the territorial limits of the local government are altered.

No by-law respecting the division of a local government into wards shall be made, amended or repealed during the period of six months preceding the date fixed for the general election.

Subsection (10) does not apply during the six months preceding the date of

If a local government is divided into wards in a regulation effecting an incorporation, amalgamation, annexation or a decrease in territorial limits of the local government,

If a council does not make a by-law under section 42 to take effect after the expiration of the four-year period referred to in subsection (1), the division of the local government into wards in the regulation shall be deemed to be the division of the local government into wards by by-law of the council until the local government makes a by-law under the authority of section 42 dividing the local government into wards.

Despite subsection (1), after being petitioned by a council, the Minister may, within the four-year period referred to in that subsection, approve a by-law made by the council in which a local government is divided into wards that differ from the wards under the regulation referred to in that subsection.

If the composition of a council is determined in a regulation effecting an incorporation, amalgamation, annexation or a decrease in territorial limits of the local government,

If a council does not make a by-law under the authority of subsection 43(2) or 44(2), as the case may be, to take effect after the expiration of the four-year period referred to in subsection (1), the composition of the council determined in the regulation shall be deemed to be the composition of the council determined by by-law of the council until the local government makes a by-law under the authority of subsection 43(2) or 44(2), as the case may be, determining the composition of the council.

Despite subsection (1), after being petitioned by a council, the Minister may, within the four-year period referred to in that subsection, approve a by-law made by the council in which the composition of the council differs from the composition of the council determined under the regulation referred to in that subsection.

The mayor of a local government shall

Despite subsection (1), the mayor of a local government is subject to the direction and control of council and shall abide by the decisions of council.

The council of a local government shall elect a deputy mayor in accordance with a procedural by-law made under paragraph 10(2)(a).

In the absence of the mayor or the inability of the mayor to act, or if the office of mayor is vacant, the deputy mayor shall act in the place of the mayor, and while so acting, the deputy mayor possesses the powers and shall perform the duties of the mayor.

In the absence of the deputy mayor or the inability of the deputy mayor to act under subsection (4), council shall appoint a councillor to act in the place of the mayor, and while so acting, the councillor appointed possesses the powers and shall perform the duties of the mayor.

A councillor of a local government shall

If a local government makes any payments to its mayor and councillors, it shall make a by-law that specifies

A by-law made under subsection (1) requires a majority of the members of council who are voting to vote in favour of making the by-law.

A vacancy results in a council when

A vacancy does not result when the number of members of a council is increased in a by-law made under subsection 43(2) or 44(2).

The suspension of a member of council by the council or the Local Governance Commission established under the Local Governance Commission Act does not result in a vacancy.

Subject to subsections (3) and (4), the council shall by resolution within two months after the date that a vacancy arises, declare any vacancy resulting under paragraphs 50(1)(b) to (h) and any resignation provided for in subsection 55(3) and, within ten days after the declaration, the clerk shall forward a certified copy of the resolution to the Municipal Electoral Officer, who shall hold a by-election to fill the vacancy.

If by reason of any vacancy resulting under paragraphs 50(1)(b) to (h) a quorum can no longer be constituted, the Minister shall declare the vacancy and, within ten days after the declaration, the clerk shall forward a certified copy to the Municipal Electoral Officer, who shall hold a by-election to fill the vacancy.

The Municipal Electoral Officer shall declare any vacancy resulting under paragraph 50(1)(a) and shall hold a by-election to fill it.

A by-election shall not be held during the 12 months immediately preceding the date of a general election, provided that this does not prevent a by-election from being held during the 12 months immediately preceding the date of the first general election referred to in subsection 54(2) to fill a vacancy in a council to which subsection 54(2) applies.

If, as a result of a vacancy in council resulting under paragraph 50(1)(a), a quorum cannot be constituted, the Minister may reduce a council’s quorum requirements until the vacancy is filled by a by-election under subsection 51(3).

If, after the Municipal Electoral Officer has given two Notices of Election for a by-election, there are still insufficient members for a quorum to be constituted, the reduction in quorum requirements under subsection (1) shall remain in place until the next general election.

If by reason of paragraph 50(1)(a) a vacancy in a council exists and the vacancy remains after the Municipal Electoral Officer has given two Notices of Election for a by-election, the Minister may reduce the composition of the council by the number of vacancies on council.

The Minister shall file a reduction in council composition under subsection (1) with the Municipal Electoral Officer and the reduction shall remain in place until the composition of council is changed by a by-law under subsection 43(2) or 44(2), as the case may be.

General elections shall be held on the second Monday in May for the year 2026 and every fourth year after that date.

If a first election is held for a local government in accordance with a regulation effecting an incorporation, amalgamation, annexation or a decrease in territorial limits of the local government within one year before the date set for a general election, the second election held for that local government shall be the second general election that is held after the date of the first election.

A member of council is elected to hold office until the first meeting of an incoming council following a general election.

Subject to subsection (3), a member who resigns is not qualified to be a candidate at a by-election held to fill the vacancy created by the member’s resignation.

Before a member of council may file nomination papers for any other office of council in a by-election, the member shall resign their office as a member not less than 21 days before the day set for the close of nominations and shall without delay send notice of the resignation to the Municipal Electoral Officer.

The Municipal Electoral Officer shall, on receipt of a resignation notice referred to in subsection (3), without delay declare a vacancy and call for nominations to fill the vacancy so that the vacancy may be filled at the time of the by-election mentioned in subsection (3).

During the period commencing on the day of a general election and ending on the day of the first meeting of an incoming council, the outgoing council shall continue to exercise its powers in relation to the day-to-day activities of the local government but shall not

If an outgoing council acts in contravention of subsection (1), the action is void and has no effect.

Despite subsections (1) and (2), an outgoing council may do those things referred to in subsection (1) if

If a person who is disqualified from or declared incapable of holding office under this or any other Act is elected and returned as a member of council, the person’s election and return is void.

A person who is disqualified from or declared incapable of holding office and who, in spite of that, sits or votes, or continues to sit or vote, in a council commits an offence punishable under Part 2 of the Provincial Offences Procedure Act as a category E offence.

A person elected to an office on a council shall, in accordance with this section, accept the office by

A person elected to an office on a council in a general election shall take the oath or make the affirmation under subsection (1) on or before the first meeting of council.

A person elected to an office on a council by acclamation in a by-election shall take the oath or make the affirmation under subsection (1) without delay.

A person elected to an office on a council in a by-election shall take the oath or make the affirmation under subsection (1) after the expiration of the period referred to in subsection 41.1(1) of the Municipal Elections Act and, if applicable, the expiration of the period referred to in 42(1) of that Act.

A person elected to an office on a council in a first election under section 36 shall accept the office by taking the oath of office or making the affirmation of office under subsection (1) on the day set in the regulation made under section 31 in respect of that first election.

A person elected to an office on a council in a by-election under section 36 shall accept the office by taking the oath of office or making the affirmation of office under subsection (1) on the day set in the regulation made under section 31 in respect of that by-election.

Despite subsections (2), (3), (4), (5) and (5.1), a person elected to office on a council in a general election, a by-election or a first election may take the oath or make the affirmation under subsection (1) at any time following the person’s election if, for reasons of illness or unavoidable absence from the local government, the person is unable to take the oath or make the affirmation within the time prescribed.

Despite subsections (2), (3), (4), (5), (5.1) and (6), if an application has been filed under section 41.1 or 42 of the Municipal Elections Act requesting that a recount of votes be made with respect to an election to office on a council in a general election, a by-election or a first election, a person elected to the office shall not take the oath or make the affirmation under subsection (1) until the person has been declared elected by the municipal returning officer or the judge conducting the recount.

Despite subsections (2), (5), (5.1) and (6), unless a person’s election was by acclamation, a person elected to office on a council in a general election, a by-election or a first election shall not take the oath or make the affirmation under subsection (1) before the expiration of the period referred to in subsection 41.1(1) of the Municipal Elections Act and, if applicable, the expiration of the period referred to in 42(1) of that Act.

No person shall take a seat on a council before the person has accepted office as provided in this section.

The following persons may administer an oath of office or an affirmation of office:

Once administered, an oath or affirmation shall be filed with the clerk and the clerk shall record in the minutes of council the taking of every oath and the making of every affirmation under this section.

Except when excused by council, a person who fails to comply with this section commits an offence punishable under Part 2 of the Provincial Offences Procedure Act as a category B offence.

A member of council may resign the member’s office by filing with the clerk a resignation in writing.

A council may order a plebiscite on any matter within its powers.

A plebiscite may be held

A proposal that is voted on in a plebiscite shall be worded as a question for which a voter may only express a “yes” or a “no” answer.

If over 50% of those who vote in a plebiscite vote in favour of a proposal, the council shall implement the proposal without delay.

If a council proposes to change the name of the local government, it shall order a plebiscite on the matter.

A plebiscite referred to in subsection (1) shall be held in accordance with subsection 59(2).

If over 50% of those who vote in a plebiscite referred to in subsection (1) vote in favour of the proposed name change, the council shall, without delay, recommend to the Minister that the name of the local government be changed by the Lieutenant-Governor in Council.

Despite any other Act, on the recommendation of the Minister, the Lieutenant-Governor in Council may by regulation change the name of the local government.

Despite section 60, a council may

The Minister shall, in writing, either grant or deny a request made under paragraph (1)(a).

Despite any other Act, if the Minister grants a request under subsection (2), on the recommendation of the Minister, the Lieutenant-Governor in Council may by regulation change the name of the local government.

The council of a municipality may recommend to the Minister that the name of the municipality be changed by the Lieutenant-Governor in Council if the change in the name of the municipality relates to the word “city”, “town” or “village” in either or both official languages.

Despite any other Act, on the recommendation of the Minister, the Lieutenant-Governor in Council may by regulation change the name of a municipality where the change relates to the word “city”, “town” or “village” in either or both official languages.

Following a council’s election, the clerk shall set a date for the first meeting of the council which shall not be before the expiration of the period for filing a petition under section 42 of the Municipal Elections Act and, if a petition is filed, before a judge of The Court of King’s Bench of New Brunswick declares a candidate elected under that section.

The first meeting of a council referred in subsection (1) shall be held no later than June 15, unless a candidate has not been declared elected by that date, in which case the first meeting shall be held as soon as the circumstances permit after that declaration.

A council shall hold at least four regular meetings in each year.

All decisions of a council shall be

No act or decision of a council is valid unless it is authorized or adopted by a by-law or resolution at a council meeting.

A council may not transact any business at a special meeting other than the business specified in the notice of the special meeting, unless all members of the council present at the special meeting agree.

A majority of the members of council constitutes a quorum.

The number of members of council is:

For the purposes of calculating a quorum, the number of members of council under subsection (2) shall be used regardless of whether there are any vacancies on the council.

Subject to this Act, each member of council present at a meeting shall announce their vote openly and individually, and the clerk shall record it, and no vote shall be taken by ballot or by any other method of secret voting, and every vote taken in that manner is of no effect.

Despite subsection (1), a local government may, in a procedural by-law made under paragraph 10(2)(a) or in a municipal charter or private or special Act of the local government, provide that the mayor shall not vote except to have a casting vote in the event of a tie.

In this section, “municipal distribution utility” means municipal distribution utility as defined in the Electricity Act.

With respect to a vote on a matter related to the distribution or provision of electricity as a service to residents of a local government by a municipal distribution utility, only the mayor, councillors at large and councillors for wards that are within or partly within the territorial limits provided for in section 88 of the Electricity Act are eligible to vote.

If, by reason of subsection (2), the number of councillors that are ineligible to vote is such that the remaining members of council are not of a sufficient number to constitute a quorum, despite any other general or special Act, the remaining members shall be deemed to constitute a quorum if there are not fewer than three.

If there are insufficient remaining members of council to constitute what is deemed to be a quorum under subsection (3), the council may apply to the Minister for an order authorizing it to consider, to discuss and to vote on the matter.

The Minister may make an order referred to in subsection (4) subject to the conditions and directions that the Minister considers appropriate.

A council meeting or a committee of council meeting may be closed to the public for the duration of the discussion if it is necessary to discuss

If a meeting is closed to the public under subsection (1), no decision shall be made at the meeting except for decisions related to the following matters:

If a meeting is closed to the public under subsection (1), a record shall be made containing only the following information:

Subject to this section and to a procedural by-law made under paragraph 10(2)(a), it is permitted to use electronic means of communication in a council meeting or a committee of council meeting if it allows members of council to hear and speak to each other and, in the case of a meeting that is open to the public, allows the public to hear the members.

Repealed: 2021, c.44, s.4

Repealed: 2021, c.44, s.4

A member of council who intends to participate in a meeting in the manner referred to in subsection (1) shall provide sufficient notice to the clerk to ensure that the relevant materials may be sent to the member and to ensure that the appropriate electronic means of communication are available and, if applicable, that the public notice referred to in subsection (7) is given.

A member of council who participates in a meeting closed to the public under subsection 68(1) in the manner referred to in subsection (1) shall, at the beginning of the meeting, confirm that the member is alone.

A member of council who participates in a meeting in the manner referred to in subsection (1) shall be deemed to be present at the meeting.

If a council meeting or a committee of council meeting is open to the public, use of an electronic means of communication is permitted only if a notice of the meeting is given to the public that includes the following information:

Any notice given by a local government under this Act or the regulations shall be given by one or more of the following means:

If a local government has given notice in a manner authorized by subsection (1), it may also post the notice on social media websites.

A notice given in a manner authorized by subsection (1) shall be sufficient notice only if the notice is also available for examination by the public for the required period of time in the office of the clerk during regular office hours.

The council of every local government shall appoint a clerk, a treasurer and an auditor.

A council may appoint the officers that are necessary for the administration of the local government.

A person may be appointed to more than one office.

With the exception of auditors, an officer appointed under this section by the local government for employment on a full-time basis is entitled to hold office until retirement, death, resignation, or dismissal for cause after a vote in favour of the dismissal by two-thirds of the members of the council.

Subsection (4) does not apply to a person in respect of whom a resolution has been passed under subparagraph 35(11)(b)(i), (ii) or (iii).

The clerk of a local government is the clerk of the council and shall

The assistant clerk is subject to the directions of the clerk and, in the absence or disability of the clerk or when there is no clerk, has all the powers and duties of the clerk.

The following shall be available for examination by members of the public in the office of the clerk during normal office hours:

Despite subsection (1), the minutes of any meeting or portion of a meeting of council or a committee of council that was closed to the public under subsection 68(1) shall not be open for inspection or examination by members of the public.

If a by-law referred to in section 17 or 18 is in force in a local government, a copy of the code or portion of the code adopted under the by-law shall be available for examination by members of the public in the office of the clerk during normal office hours.

The treasurer is the chief financial and accounting officer of the local government and shall

The assistant treasurer is subject to the directions of the treasurer and, in the absence or disability of the treasurer or when there is no treasurer, has all the powers and duties of the treasurer.

Despite subsection 4(3), the mayor or any other person that the council appoints shall jointly with the treasurer sign all cheques and payment authorizations issued by the local government.

The council may provide by resolution that any signature required by this section be reproduced.

If by reason of a vacancy in the council a quorum can no longer be constituted, the Minister may appoint a person to sign jointly with the treasurer all cheques and payment authorizations issued by the local government until

A council shall not appoint as an auditor of the local government a person who is not a chartered professional accountant.

The auditor shall perform any duties that are prescribed by this Act and the regulations under this Act, and that the council prescribes by by-law or resolution.

The auditor shall complete an annual audit by April 1 of each year.

Within ten days after completing the annual audit of the local government, the auditor shall transmit to the Minister a certified copy of the financial statements of the local government together with a copy of the auditor’s report on the financial statements.

If a council fails to appoint an auditor, the Minister may appoint an auditor for the local government and the council shall pay the fees and expenses of the appointed auditor.

A council shall not appoint as a solicitor of a local government a person who is not a member of the Law Society of New Brunswick.

Even though the remuneration of a solicitor of or counsel to a local government is paid wholly or partly by salary, the local government is entitled to tax and collect costs in any action and proceeding to which it is a party.

Each local government shall, by by-law, provide for the annual bonding of the officers and employees listed in the by-law.

A local government shall pay the premiums in respect of bonds given under this section.

A council shall require the production before it of every bond required under this section

An annual report of the auditor shall include any information respecting bonds that is prescribed by regulation.

A member of council is not eligible for appointment as an officer of the local government or for employment with the local government, including an appointment or employment for no remuneration, at any time while the person holds office as a member of council.

Subsection (1) does not apply to a member of council who, while holding office, serves as a volunteer firefighter for the local government.

A member of council is not eligible for appointment as an officer of the local government or for employment with the local government for a period of one year after the date on which the member ceases to hold office as a member of council.

Subsection (1) does not apply if the person is appointed or employed for no remuneration.

Subject to subsection (2), a local government may indemnify a member or former member of council, an officer or former officer of the local government or of a corporation established under subsection 8(1), an employee or former employee of the local government or of a corporation established under subsection 8(1) or a member or former member of a committee, board, commission or agency established by council, and their heirs and legal representatives against all costs, charges and expenses, including any amount paid to settle an action or satisfy a judgment, reasonably incurred by them in relation to any criminal action or proceeding for a strict or absolute liability offence or any civil or administrative action or proceeding, if the person

A local government must first obtain the approval of The Court of King’s Bench of New Brunswick if it seeks to indemnify a person under subsection (1) in relation to an action or proceeding brought by or on behalf of the local government.

Despite anything in this section, a person referred to in subsection (1) is entitled to indemnity from the local government in relation to all costs, charges and expenses reasonably incurred in connection with the defence of any civil, criminal or administrative action or proceeding to which that person is made a party by reason of being or having been a member of council, an officer or employee of the local government or corporation established under subsection 8(1) or a member of a committee, board, commission or agency established by council if the person seeking indemnity

A local government may purchase and maintain insurance for the benefit of any person referred to in subsection (1) against any liability incurred by that person as a member of council, an officer or employee of the local government or corporation established under subsection 8(1), or as a member of a committee, board, commission or agency established by council, whether or not the person acts or acted in that capacity at the local government’s request, except if the liability relates to the failure of that person to act honestly and in good faith with a view to the best interests of the local government.

A local government or a person referred to in subsection (1) may apply to The Court of King’s Bench of New Brunswick for an order approving an indemnity under this section and the Court may so order and make any further order it considers appropriate.

On an application under subsection (5), the Court may order notice to be given to any interested person and that person is entitled to appear or be represented and be heard in person or by counsel.

For the purposes of this section, an employee includes a person who provides services for no remuneration at the request of and on behalf of a local government.

The following definitions apply in this Part.

For greater certainty, in this Part, a person is not employed by a local government, local board or trade union if the person is compensated on a fee-for-services basis.

Subject to subsection (2) and section 90, for the purposes of this Act a member or a senior officer has a conflict of interest if

A member or a senior officer does not have a conflict of interest by reason of a family associate’s interest as described in paragraph (1)(a), (b), (c) or (d) unless the member or senior officer knew or ought reasonably to have known of the family associate’s interest.

If a trade union has entered into or is seeking to enter into a collective agreement with a local government or a local board, a member who belongs to or is employed by the trade union has a conflict of interest with respect to any matter relating to the administration or negotiation of the collective agreement.

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.

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.

A member is not required, in a statement filed under subsection (1) or (2), to disclose particulars of the member’s financial interest or the extent of any interest in the matter giving rise to the conflict.

A statement disclosing a conflict of interest shall be made in the form prescribed by regulation.

If a member has a conflict of interest with respect to any matter in which the council, local board or committee is concerned and the member is present at a meeting of council or the local board, a meeting of a committee, or any other meeting at which business of the council, local board or committee is conducted, at which the matter is a subject of consideration the member shall,

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.

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.

The senior officer is not required, in a statement filed under subsection (1) or (2), to disclose particulars of the senior officer’s financial interest or the extent of any interest in the matter giving rise to the conflict.

A statement disclosing a conflict of interest shall be made in the form prescribed by regulation.

Every statement disclosing a conflict of interest filed under subsection 91(1) or (2) or 92(1) or (2) shall be recorded and kept in a file by the clerk and that file shall be available for examination by the public in the office of the clerk during regular office hours.

Every oral disclosure made under paragraph 91(5)(a) shall be recorded in the minutes of the meeting by the clerk or the person who is responsible for taking the minutes.

If the number of members who, by reason of the provisions of this Act, are required to withdraw from a meeting is such that at that meeting the remaining members are not of sufficient number to constitute a quorum, despite any other general or special Act, the remaining members shall be deemed to constitute a quorum if there are not fewer than three.

If there are insufficient remaining members to constitute what is deemed to be a quorum under subsection (1), the council, local board or committee may apply to the Minister for an order authorizing it to consider, to discuss and to vote on the matter with respect to which the conflict of interest has arisen.

On an application under subsection (2), the Minister may make an order that authorizes the council, local board or committee or certain members of the council, local board or committee to consider, discuss and vote on the matter raised in the application as if a conflict of interest did not exist, subject to the conditions and directions that the Minister considers appropriate.

A person who violates or fails to comply with section 91 or 92 commits an offence punishable under Part 2 of the Provincial Offences Procedure Act as a category F offence.

A person who violates or fails to comply with section 96 commits an offence punishable under Part 2 of the Provincial Offences Procedure Act as a category H offence.

In addition to or instead of any sentence that may be imposed in accordance with the Provincial Offences Procedure Act, a judge of the Provincial Court may make one or more of the following orders:

A failure to comply with an order under subsection (3) makes a person liable to be committed for contempt of the Provincial Court.

Even though a person has committed an offence under subsection (1) or (2), the judge may release the person without the imposition of a fine, a term of imprisonment or any other sentence that the judge may or shall impose under the Provincial Offences Procedure Act or this section if

No proceedings with respect to an offence under subsection (1) or (2) shall be commenced after three years after the date on which the offence was, or is alleged to have been, committed.

The fiscal year of a local government is the calendar year.

Each year on or before the date set by regulation, a local government shall adopt by resolution and submit to the Minister for approval in the form provided by the Minister

A local government shall, in the form referred to in subsection (2), provide the sources and the estimates from those sources by which the difference in amount between the estimate under paragraph (2)(a) and the estimate under paragraph (2)(b) is to be raised.

When calculating the local government tax base for the purposes of paragraph (2)(b), the assessed value of real property in a local government owned by the Crown in right of Canada shall be the amount determined by the Minister in accordance with subsection (5).

The assessed value of real property in a local government owned by the Crown in right of Canada shall be determined by the Minister by making

If the estimate under paragraph (2)(a) is not approved by the Minister, the local government shall adopt the following revisions by resolution and submit them to the Minister for approval on or before the date set by regulation:

On the approval of the Minister, the rates adopted under this section are the rates fixed for the purposes of the Real Property Tax Act.

If a local government fails to submit the form referred to in subsection (2) to the Minister or, if applicable, the revisions referred to in subsection (6) within the time prescribed by regulation, the Minister may fix the rates in subparagraph (2)(c)(i) or (ii), as the case may be.

If the services vary in different areas of the local government to a degree that, in the opinion of the council, warrants an adjustment of the rates fixed in subparagraph (2)(c)(i) or (ii), as the case may be, the local government shall fix different rates for different areas, or portions of areas, accordingly.

If a portion of a rural district is annexed to a local government, the local government, with the approval of the Lieutenant-Governor in Council and subject to the terms and conditions set by the Lieutenant-Governor in Council, may for a period not exceeding ten years fix rates that are different than the rates fixed in subparagraph (2)(c)(i) or (ii), as the case may be, or in subsection (9) for real property that

If a local government fixes rates under subsection (9) or (10), the local government shall adjust the rates fixed in subparagraph (2)(c)(i) or (ii), as the case may be, so that the amount of the estimate under paragraph (2)(b) remains the same.

Subject to subsection (2), each year on or before the date prescribed by regulation, the Minister shall, in accordance with the regulations, determine for each local government a local government rate stabilizer that consists of the following components:

The Minister is not required to determine the local government rate stabilizer for a particular local government for a given year if the Minister considers that it is not appropriate to do so in the circumstances.

If the amount to be raised on a local government’s tax base under paragraph 99(2)(b) exceeds a revenue growth component of the local government rate stabilizer for the local government, the local government shall provide an explanation in accordance with the regulations for the purposes of that paragraph.

If any rate under subparagraph 99(2)(c)(i) or (ii), as the case may be, exceeds the relevant tax rate component of the local government rate stabilizer for the local government, the local government shall provide an explanation in accordance with the regulations for the purposes of that subparagraph.

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:

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.

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.

Subject to subsection 104(6) and the Municipal Capital Borrowing Act, a local government may, in accordance with this section, borrow money for municipal purposes.

A local government shall not, in any one year, borrow for its current operations any money in excess of the sum represented by 4% of the budget of that local government for that year or $15,000, whichever is greater.

Subject to subsection (4), a local government shall not, in any one year, borrow for capital expenditures any money in excess of the sum represented by 2% of the assessed value of real property in that local government.

The total amount of money borrowed by a local government for capital expenditures shall not exceed 6% of the assessed value of real property in the local government.

If a local government participates in an arrangement for financing a capital project with the Crown in right of the Province, the Crown in right of Canada or another local government, any amount of money representing the Crown’s or other local government’s portion shall not be included in the calculation of borrowing limits referred to in subsections (3) and (4).

For the purposes of this section, any money borrowed by a local government for the purposes of section 187 or for the construction or renovation of a clean energy generation facility or an electric power, water or wastewater disposal system is not considered to be money borrowed.

A local government having an audited general operating fund surplus at the end of a fiscal year shall credit the surplus to that fund for the second year following that fiscal year.

A local government having an audited general operating fund deficit at the end of a fiscal year shall debit the deficit against that fund for the second year following that fiscal year.

The following definitions apply in this section.

A local government may, by by-law, impose a tourism accommodation levy to be paid by guests of lodging establishments within the territorial limits of the local government.

A by-law shall

A by-law may provide for

A local government is not authorized to impose a levy under this section on any persons and entities prescribed by regulation.

The use of one or more enforcement measures established by a by-law under this section does not prevent a local government from using any other remedy available in law to enforce the payment of amounts owing under this section.

If any levy, penalty or interest imposed pursuant to a by-law under this section remains unpaid after it is due, the local government may bring an action for the recovery of those amounts in any court in which a debt or money demand of a similar amount may be collected.

A local government that imposes a levy shall use the proceeds of the levy collected for tourism promotion and development.

A local government may, by resolution of council, make a grant, on the terms and conditions that are determined by council, to any organization formed for tourism promotion and development.

A local government may make a grant under this section even though only a part of the local government or only some of its residents may benefit from the grant.

When making or refusing to make a grant under this section, a local government may differentiate between potential recipients as to the making of the grant, the amount of the grant or any terms and conditions imposed on the grant.

Subject to subsection (4), a local government may, by resolution of council, make a grant of money or an in-kind grant for municipal purposes to any of the following on the terms and conditions that are determined by council:

A local government may make a grant under this section even though only a part of the local government or only some of its residents may benefit from the grant.

A local government may make a grant under this section even though the recipient, or any of its facilities, programs or activities, is primarily or solely located or carried on outside the local government, if the residents of the local government or some of them, will benefit from the grant.

A local government shall not make a grant under this section that directly reduces or reimburses the taxes or utility charges paid or payable to the local government by the recipient of the grant.

When making or refusing to make a grant under this section, a local government may differentiate between potential recipients as to the making of the grant, the amount of the grant or any terms and conditions imposed on the grant.

If an amount paid by the Crown in right of the Province to a local government in respect of a grant under the Payments in Lieu of Taxes Act (Canada) for a fiscal year is less than the amount actually received by the Crown in right of the Province,

If a payment made by the Crown in right of the Province to a local government in respect of a grant under the Payments in Lieu of Taxes Act (Canada) for a fiscal year exceeds the amount actually received by the Crown in right of the Province,

A local government may make by-laws for municipal purposes respecting economic development.

Subject to subsection (6), a local government may encourage economic development in any manner it considers appropriate, including

A local government may make a grant under this section even though only a part of the local government or only some of its residents may benefit from the grant.

A local government shall not make a grant under this section that directly reduces or reimburses the taxes or utility charges paid or payable to the local government by the recipient of the grant.

When making or refusing to make a grant under this section, a local government may differentiate between potential recipients as to the making of the grant, the amount of the grant or any terms and conditions imposed on the grant.

A local government shall not do any of the following things for the purpose of encouraging economic development:

For the purposes of this section, a local government may enter into an agreement with

A local government shall prepare, within the time prescribed by regulation, an annual report containing the information prescribed by regulation, including, but not limited to, governance and financial information, information respecting the delivery of local government services, and information respecting grants and economic development activities.

A corporation referred to in subsection 8(1) shall prepare, within the time prescribed by regulation, an annual report containing the information prescribed by regulation, including, but not limited to, information respecting grants, economic development activities and services of the corporation.

A local government or a corporation referred to in subsection 8(1), as the case may be, shall post its annual report on its website and shall make it available for examination by the public in the office of the clerk during regular office hours.

If a rural community or a regional municipality has not made a by-law under section 10 with respect to any of the following services, the Lieutenant-Governor in Council may, by regulation, prescribe that the service shall be provided by the Minister in the rural community or regional municipality:

Subject to subsection (1), the Minister may provide any service to a rural community or regional municipality that is prescribed by a regulation effecting the incorporation, amalgamation, annexation or decrease in territorial limits of the rural community or regional municipality, as the case may be, or prescribed by a regulation under paragraph 191(1)(y), if the rural community or regional municipality has not made a by-law under section 10 with respect to the service.

If a rural community or a regional municipality makes a by-law under section 10 that prescribes that a service be provided by the rural community or regional municipality that had previously been prescribed in a regulation as being provided by the Minister, the service provided by the Minister shall be discontinued without requiring an amendment to the regulation.

A council of a rural community or a regional municipality shall advise the Minister on the provision of a service under this section.

Animal control services shall be provided in accordance with the regulations made under paragraph 191(1)(z).

The Minister may, by order, prescribe sorting and packaging requirements with respect to solid waste collection and disposal services.

The provision of solid waste collection and disposal services is subject to

Subject to the Regional Service Delivery Act, the Minister may enter into an agreement with any person with respect to the provision of any service under this section.

The Regulations Act does not apply to an order made under subsection (6).

If a rural district or a portion of a rural district is incorporated as a rural community or annexed to a rural community, any service provided in the area shall continue to be provided by the Minister until the service is discontinued in a regulation under paragraph 191(1)(y) or until the rural community makes a by-law under section 10 prescribing that the service is to be provided by the rural community.

If a rural community makes a by-law under section 10 that prescribes that a service is to be provided by the rural community that had previously been prescribed as being provided by the Minister in a regulation, the service provided by the Minister shall be discontinued without requiring an amendment to the regulation.

Subject to subsection (3), the Minister shall raise the money required for the provision of any service in a rural community or regional municipality under section 106 or 107, including the costs of administration attributable to the service, by taxation within the rural community or regional municipality in accordance with the Real Property Tax Act.

If services provided in different areas of a rural community or regional municipality, including the costs of administration attributable to those services, vary to a degree that, in the opinion of the Minister, warrants an adjustment of the rates fixed under section 110, the Minister may fix different rates for different areas, or portions of areas, accordingly.

The Minister may raise money for the provision of a service in a rural community or regional municipality under this Part, including the costs of administration attributable to the service, in whole or in part, on a user-charge basis.

If the cost of providing a service, including the costs of administration attributable to the service, in different areas of a rural community or regional municipality varies to a degree that, in the opinion of the Minister, warrants an adjustment of the user charges, the Minister may fix different rates for users of the service in different areas or portions of areas, accordingly.

The amount to be raised through a user charge for a service under this Part shall not exceed the cost of providing the service, including the costs of administration attributable to the service.

A user charge levied under this section is a debt due to the Crown in right of the Province.

Each year the Minister shall

Subject to subsection (3), for the purposes of this section, each year on or before the date prescribed by regulation, the Minister shall, in accordance with the regulations, determine for each rural community or regional municipality a local government rate stabilizer that consists of the following components:

The Minister is not required to determine the local government rate stabilizer for a particular rural community or regional municipality for a given year if the Minister considers that it is not appropriate to do so in the circumstances.

The Minister shall, in accordance with the regulations, publish an explanation

A local government may construct, own or operate a clean energy generation facility in the Province and may use the electricity for its own purposes, sell it in accordance with the Electricity Act or sell the environmental attributes derived from its generation, but shall not distribute it or provide it as a service to its residents.

Subsection (1) does not apply to a municipal distribution utility with respect to the distribution or provision of electricity as a service to its residents within the territorial limits provided for in section 88 of the Electricity Act.

A local government may, for the purposes of subsection (1),

A local government shall, by a resolution of its council, state its intention to take a measure under subsection (1) or (3).

A local government that operates a clean energy generation facility shall annually, on or before the date set in accordance with 99(2), submit to the Minister the budget with respect to its operation of the facility for that year.

When operating a clean energy generation facility, a local government shall produce a budget with respect to the operation which shall be balanced on either an annual or a four-year basis, in its discretion.

If the proceeds from the operation are insufficient to produce a balanced budget as provided for under subsection (2), the local government may make a charge against other operating funds of the local government at the discretion of the council.

When in the operation of a clean energy generation facility a local government has a deficit at the end of its fiscal year,

When in the operation of a clean energy generation facility the local government has a surplus at the end of its fiscal year,

If no prior year deficits remain unfunded, a local government may transfer some or all of an audited surplus of the generation facility fund to other operating funds of the local government at the discretion of the council, commencing in the second year following that fiscal year.

A local government may establish a corporation or acquire or hold securities of a corporation to construct or operate a clean energy generation facility in the Province and may use the electricity for its own purposes, sell it in accordance with the Electricity Act or sell the environmental attributes derived from its generation, but shall not distribute it or provide it as a service to its residents.

For the purposes of subsection (1), a local government may

A local government shall, by a resolution of its council, state its intention to take a measure under subsection (1) or (2).

Any corporation established for the purposes of subsection (1) may be operated for profit, which profits may arise from the sale of electricity or the sale of environmental attributes derived from its generation.

Sums received by the local government as profits shall be paid into the general operating fund of the local government and shall be used solely for municipal purposes.

Sections 8 and 112 to 116 do not apply to a local government in the case of a clean energy generation facility referred to in this section.

For the purposes of constructing or operating a clean energy generation facility referred to in section 112, a local government may delegate to a regional service commission any of its powers referred to in subsection 100(1) or 112(3) or section 116, with the necessary modifications.

For the purposes of constructing a clean energy generation facility referred to in section 116.1, a local government may delegate to a regional service commission any of its powers referred to in subsection 100(1) or 116.1(2), with the necessary modifications.

A local government shall make a delegation under subsection (1) or (2) by means of a by-law.

In the case of a delegation of the power to borrow referred to in subsection 100(1) for the construction of a clean energy generation facility,

No delegation under this section shall take effect unless the regional service commission consents to the delegation by an agreement referred to in section 6 of the Regional Service Delivery Act.

For the purposes of this section, a water or wastewater commission established under section 15.2 of the Clean Environment Act shall be deemed to be a local government.

A local government that provides water or wastewater disposal services or operates a utility for either of those purposes may establish a commission to provide those services or operate those utilities on its behalf.

A local government that provides water or wastewater disposal services or operates a utility for either of those purposes under this section shall annually, on or before the date set in accordance with subsection 99(2), submit to the Minister the budget with respect to the service or utility for that year.

When providing water or wastewater disposal services or operating a utility for either of those purposes under this section, a local government or commission shall charge the users of the service or utility in order to produce an annually balanced budget.

If in the provision of water or wastewater disposal services or in the operation of a utility for either of those purposes under this section, a local government or commission has a deficit at the end of the budget period referred to in subsection (4),

If in the provision of water or wastewater disposal services or in the operation of a utility for either of those purposes under this section, the local government or commission has a surplus at the end of its fiscal year,

A local government or commission referred to in this section may, in accordance with the regulations, for each service or utility,

In a by-law that establishes user charges respecting the provision of water or wastewater disposal services or the operation of a utility for either of those purposes, a local government may provide for

All user charges, fees, rentals and penalties payable for water or wastewater disposal services supplied to or with respect to any land within the local government that is liable to taxation under the Assessment Act and are due and payable for a period of 60 days constitute a special lien and charge on the land in priority to every claim, privilege, lien or encumbrance of any person, except the Crown, whether the right or title of that person has accrued before or accrues after the lien arises, and the lien is not defeated or impaired by any neglect or omission of the local government or of any officer or employee of the local government or by want of registration.

The special lien and charge referred to in subsection (9) does not apply to land that is subject to a valid and subsisting lease in effect before April 2, 1968.

All user charges, fees, rentals and penalties payable for water or wastewater disposal services supplied to or with respect to any land within the local government that is not liable to taxation under the Assessment Act shall be a debt due to the local government by the owner or occupier of the land.

If the user charges, fees, rentals and penalties referred to in subsections (9) and (11) are owing to the local government by a person other than the owner of the land, the local government shall notify the owner in writing within 60 days after the user charges, fees, rentals and penalties become due and payable.

Despite subsection 100(2), a local government may borrow temporarily in each year for current expenditures on user charge utilities a sum or sums of money not exceeding at any time 50% of the budgeted revenue for that year.

A local government may charge against the budget of the general operating fund, a portion of the water costs relating to fire protection services calculated in accordance with the regulations.

If a local government or a commission provides a service referred to in subsection (2), the local government or commission may by by-law

In determining the charge to be made in subsection (15), the local government or commission shall make its assessment as near as possible to what the user charge would be if the connection had been made.

If before January 1, 1967, a municipality, or a commission established by a municipality, was providing electric power, that municipality or commission

Section 117 applies with the necessary modifications to a municipality or commission that continues to provide the service of electric power under subsection (1).

The local government shall give a notice of the proposed local improvement to all the benefiting real property owners who will be liable to pay the cost of the local improvement.

The notice shall include:

The notice shall be given by leaving it at the residence or place of business of the owner or by mailing it to the owner at their latest known residence or place of business.

A notice that is left at a residence or place of business under subsection (3) is deemed to have been given to the owner on the day it was left.

A notice that is mailed under subsection (3) shall be deemed to have been given to the owner seven days after the day it was mailed.

An owner may file a written objection to a local improvement with the clerk within 30 days after the notice under subsection (1) has been received or has been deemed to have been received.

If a local government receives an objection to a local improvement within the time specified in subsection 124(6), the council shall set a time for a public hearing.

The council shall provide notice of the public hearing to the benefiting real property owners of the proposed local improvement at least 30 days before the date set for the hearing.

The notice shall be given by leaving it at the residence or place of business of the owner or by mailing it to the owner at their latest known residence or place of business.

If no objection is received within the time specified in subsection 124(6), the local government may make a by-law respecting the local improvement.

If an objection is received within the time specified in subsection 124(6), the local government may make a by-law respecting the local improvement after holding a public hearing under section 125.

A by-law respecting a local improvement requires two-thirds of the members of council to vote in favour of the by-law.

This Part applies only to a local government or part of a local government that is subject to a by-law made under paragraph 10(1)(d).

A by-law made under paragraph 10(1)(d) shall contain only the provisions set out in sections 130 to 143 of this Act, with the necessary modifications.

No person shall permit premises owned or occupied by the person to be unsightly by permitting to remain on any part of the premises

No person shall permit a building or other structure owned or occupied by the person to become a hazard to the safety of the public by reason of being vacant or unoccupied.

No person shall permit a building or other structure owned or occupied by the person to become a hazard to the safety of the public by reason of dilapidation or unsoundness of structural strength.

A person who violates or fails to comply with subsection (2) or (3) commits an offence that is, subject to subsections (5) and (6), punishable under Part 2 of the Provincial Offences Procedure Act as a category F offence.

Despite subsection 56(6) of the Provincial Offences Procedure Act, if a person who is leasing a dwelling or dwelling unit to another person commits an offence under subsection (4) in relation to the dwelling or dwelling unit, the minimum fine that may be imposed by a judge under that Act in respect of the offence shall be $1,000.

If an offence under subsection (4) continues for more than one day,

If a condition referred to in subsection 131(1), (2) or (3) exists, a by-law enforcement officer may notify

A notice referred to in subsection (1) shall be in the form prescribed by regulation which shall

A notice referred to in subsection (1) may be given in the following ways:

A notice that is posted in a conspicuous place under subparagraph (3)(a)(iii) or (b)(iii) shall be deemed to have been given to an individual or corporation on the day it was posted.

A notice given to a person referred to in paragraph (1)(b) or (c) shall be deemed to have been given to the owner of the premises, building or other structure.

Proof of giving a notice in a manner provided for in subsection 132(3) may be made by a certificate or an affidavit purporting to be signed by the by-law enforcement officer referred to in subsection 132(1) naming the person named in the notice and specifying the time, place and manner in which notice was given.

A document purporting to be a certificate under subsection (1) shall be

In a prosecution for a violation of a by-law made under paragraph 10(1)(d) in which proof of the giving of the notice is made in accordance with subsection (1), the onus is on the accused to prove that the accused is not the person named in the certificate or affidavit.

A notice given under section 132 and purporting to be signed by a by-law enforcement officer shall be

An owner or occupier of premises or a building or other structure who has been given a notice under section 132, other than a notice prepared and signed under subsection 139(1), and who is not satisfied with the terms or conditions set out in the notice may appeal to the appropriate committee of council by sending a notice of appeal by registered mail to the clerk of the local government within 14 days after having been given the notice.

A notice that is not appealed within the time referred to in subsection (1) shall be deemed to be confirmed and is final and binding on the owner or occupier who shall comply within the time and in the manner specified in the notice.

On an appeal, the committee of council shall hold a hearing into the matter at which the owner or occupier bringing the appeal has a right to be heard and may be represented by counsel.

On an appeal with respect to a notice under section 132 arising out of a condition referred to in subsection 131(2), the onus is on the local government to prove that the building or structure has become a hazard to the safety of the public by reason of being vacant or unoccupied.

On an appeal, the committee of council may confirm, modify or rescind the notice or extend the time for complying with the notice.

The committee of council shall provide a copy of its decision to the owner or occupier who brought the appeal within 14 days after making its decision.

If a notice that is confirmed or modified by a decision of the committee of council under subsection (5) is not appealed within the time referred to in subsection (8), it shall be final and binding on the owner or occupier who shall comply within the time and in the manner specified in the notice.

The owner or occupier who is provided with a copy of a decision under subsection (6) may appeal the decision to a judge of The Court of King’s Bench of New Brunswick within 14 days after the copy of the decision was provided to the owner or occupier on the grounds that

On an appeal, the judge of The Court of King’s Bench of New Brunswick may confirm, modify or rescind the whole or any part of the decision of the committee of council, and the decision of the judge under this subsection is not subject to appeal.

A notice that is confirmed or modified by a judge of The Court of King’s Bench of New Brunswick under subsection (9) shall be final and binding on the owner or occupier who shall comply within the time and in the manner specified in the notice.

An appeal does not prevent a further notice from being given under section 132 or from being prepared and signed under subsection 139(1) in relation to a condition referred to in the notice that is the subject of the appeal, if there has been a change in the condition.

In this section “land registration office” means a registry office established under the Registry Act or a land titles office established under the Land Titles Act.

A notice given under section 132 may be registered in the appropriate land registration office and, on registration, any subsequent owner of the premises, building or other structure in respect of which the notice was given shall be deemed, for the purposes of sections 137 and 139, to have been given the notice on the day on which the notice was given under section 132.

Section 44 of the Registry Act and section 55 of the Land Titles Act do not apply to a registration under subsection (2).

Within 30 days after the terms of a notice have been complied with or a debt due to a local government under subsection 137(3) or 139(4) or due to the Minister of Finance and Treasury Board under subsection 143(3), as the case may be, is discharged, the local government shall provide a certificate in the form prescribed by regulation to that effect to the person to whom the notice was given under section 132 or was deemed to have been given under subsection (2), as the case may be, and the certificate shall operate as a discharge of the notice.

A person to whom a certificate is provided under subsection (4) may register the certificate in the appropriate land registration office, and, on registration of the certificate, the appropriate registrar of the land registration office shall cancel registration of the notice in respect of which the certificate was provided.

A person who fails to comply with the terms of a notice given under section 132 commits an offence that is, subject to subsections (2) and (3), punishable under Part 2 of the Provincial Offences Procedure Act as a category F offence.

Despite subsection 56(6) of the Provincial Offences Procedure Act, if a person who is leasing a dwelling or dwelling unit to another person commits an offence under subsection (1) in relation to a notice given under section 132 with respect to the dwelling or dwelling unit, the minimum fine that may be imposed by a judge under that Act in respect of the offence is $1,000.

If an offence under subsection (1) continues for more than one day,

The conviction of a person under this section does not operate as a bar to further prosecution for the continued neglect or failure on the person’s part to comply with the provisions of this Part.

If an owner or occupier does not comply with a final and binding notice given under section 132 within the time set out in the notice, the local government may, rather than commencing proceedings in respect of the violation or in addition to doing so,

Subsection (1) does not apply in respect of a notice prepared and signed under subsection 139(1).

The costs of carrying out any work set out in subsection (1), including any associated charge or fee, is chargeable to the owner or occupier and becomes a debt due to the local government.

For the purpose of subsection (1), the by-law enforcement officer who gave the notice in respect of the premises, building or other structure and the authorized employees of the local government or other persons acting on behalf of the local government may, at all reasonable times, enter the premises, building or other structure in order to clean up or repair the premises or repair or demolish the building or other structure, as the case may be.

A local government or a person acting on its behalf is not liable to compensate an owner or occupier or any other person by reason of anything done by or on behalf of the local government in the reasonable exercise of its powers under this section.

If, on inspection of a property under section 144, the by-law enforcement officer referred to in that section is satisfied that there is nonconformity with the provisions of this Part to such an extent as to pose an emergency, the by-law enforcement officer may prepare and sign a notice referred to in section 132 requiring the owner or occupier of the premises, building or other structure in respect of which the notice is prepared to immediately carry out work to terminate the danger.

After having prepared and signed a notice referred to in subsection (1), the by-law enforcement officer may, either before or after the notice is given, take any measures necessary to terminate the danger giving rise to the emergency, and, for this purpose, the by-law enforcement officer who prepared the notice and the authorized employees of the local government or other persons acting on behalf of the local government may, at any time, enter the premises, building or other structure in respect of which the notice was prepared.

A local government or a person acting on its behalf is not liable to compensate an owner or occupier or any other person by reason of anything done by or on behalf of the local government in the reasonable exercise of its powers under this section.

The cost of taking measures under subsection (2), including any associated charge or fee, is chargeable to the owner or occupier and becomes a debt due to the local government.

If the notice referred to in subsection (1) was not given before measures were taken under subsection (2) to terminate the danger, the by-law enforcement officer shall give a copy of the notice as soon as the circumstances permit after the measures have been taken, and the copy of the notice shall have attached to it a statement by the by-law enforcement officer describing the measures taken by the local government and providing details of the amount spent in taking the measures.

If the notice referred to in subsection (1) was given before the measures were taken under subsection (2), the by-law enforcement officer shall give a copy of the statement referred to in subsection (5) in the same manner as a notice is given under subsection 132(3) as soon as the circumstances permit after the measures have been taken.

No person shall refuse entry to or obstruct or interfere with a by-law enforcement officer, an authorized employee or other person referred to in subsection 137(4) or 139(2) who under the authority of that subsection is entering or attempting to enter premises or a building or other structure.

A person who violates or fails to comply with subsection (1) commits an offence that is, subject to subsections (3) and (4), punishable under Part 2 of the Provincial Offences Procedure Act as a category F offence.

Despite subsection 56(6) of the Provincial Offences Procedure Act, if a person who is leasing a dwelling or dwelling unit to another person commits an offence under subsection (2) in relation to the dwelling or dwelling unit, the minimum fine that may be imposed by a judge under that Act in respect of the offence is $1,000.

If an offence under subsection (2) continues for more than one day,

If the cost of carrying out work or the cost of taking measures becomes a debt due to a local government under subsection 137(3) or 139(4), an officer of the local government may issue a certificate stating the amount of the debt due and the name of the owner or occupier from whom the debt is due.

A certificate issued under subsection (1) may be filed in The Court of King’s Bench of New Brunswick and the filed certificate shall be entered and recorded in the Court and may then be enforced as a judgment obtained in the Court by the local government against the person named in the certificate for a debt in the amount specified in the certificate.

All reasonable costs and charges associated with filing, entering and recording a certificate under subsection (2) may be recovered as if the amount had been included in the certificate.

Despite subsection 72(2) of the Workers’ Compensation Act, the cost of carrying out work under subsection 137(1) or of taking measures under subsection 139(2), as the case may be, and all reasonable costs and charges associated with filing, entering and recording a certificate under section 141 shall, until they are paid, form a lien on the real property in respect of which the work is carried out or the measures are taken in priority to every claim, privilege, lien or other encumbrance, whenever created, subject only to taxes levied under the Real Property Tax Act and to a special lien under subsection 117(9).

The lien in subsection (1)

A mortgagee, judgment creditor or other person having a claim, privilege, lien or other encumbrance on or against the real property to which a lien under subsection (1) is attached

If a debt due to a local government under subsection 137(3) or 139(4) remains unpaid in whole or in part and the Minister of Finance and Treasury Board is of the opinion that the local government has made reasonable efforts to recover the unpaid amount, the Minister of Finance and Treasury Board shall, if the local government requests the Minister to do so before December 31 in any year, pay to the local government the following amounts in the following year:

A local government shall make a request under subsection (1) by submitting to the Minister of Finance and Treasury Board a statement of the expenditures of the local government that gave rise to the debt.

Subject to subsection (4), if a debt due to a local government under subsection 137(3) or 139(4) in relation to work carried out or measures taken with respect to premises or a building or other structure remains unpaid, in whole or in part, by the person liable to pay the debt and the Minister of Finance and Treasury Board has made a payment under subsection (1) in respect of the debt,

Subject to subsections (5) and (6), for the purposes of subsection (3), the following provisions of the Real Property Tax Act apply with the necessary modifications:

If the amounts referred to in paragraph (3)(b) remain unpaid, those amounts and any penalty added to them under subsection (4) constitute a lien on the real property in respect of which the work was carried out or the measures were taken, and the lien ranks equally with a lien under subsection 11(1) of the Real Property Tax Act.

If the real property is sold under any order of foreclosure, seizure and sale, execution or other legal process or a power of sale under a debenture or mortgage or under subsection 44(1) of the Property Act, the amount of a lien referred to in subsection (5) constitutes a charge on the proceeds that ranks equally with a charge under subsection 11(1) of the Real Property Tax Act.

The following definitions apply in this section.

If this Act or any other Act or a by-law authorizes an inspection or requires anything to be inspected by a local government, a by-law enforcement officer may, subject to any restrictions set out in the officer’s appointment, after giving reasonable notice to the owner or occupant of the land, building or other structure to be entered to carry out the inspection,