Bill 44 - Local Governance Act

BILL 44

Local Governance Act

Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:

PART 1

DEFINITIONS, INTERPRETATION
AND APPLICATION

Definitions and interpretation

1( 1) The following definitions apply in this Act.

“clerk” means a clerk of a local government appointed under section 71. (greffier)

“council” means the mayor and councillors of a local government. (conseil)

“councillor” means a member of a council other than a mayor. (conseiller)

“economic development” means any activity that a local government may undertake to expand or maintain the local government tax base. (développement économique)

“emergency” includes a situation in which there is imminent danger to public safety or of serious harm to premises or to a building or other structure. (situation d’urgence)

“generation facility” means a generation facility as defined in the Electricity Act. (installation de production)

“local government” means a municipality, rural community or regional municipality. (gouvernement local)

“local government tax base” means a municipal tax base, rural community tax base or regional municipality tax base. (assiette fiscale du gouvernement local)

“local service district” means an unincorporated area inside the territorial limits defined by regulation. (district de services locaux)

“local service district tax base” means the amount computed on or before October 15 or as soon afterwards as the circumstances permit in the year previous to the year in respect of which the community funding and equalization grant under the Community Funding Act is determined as (assiette fiscale du district de services locaux)

(a) the total assessed value of all real property liable to taxation under the Assessment Act in a local service district, excluding real property referred to in paragraph (b.1) of the definition “real property” under the Assessment Act;

(b) the assessed value of all real property in a local service district owned by the Crown in right of the Province;

(d) one-half of the assessed value of any real property in a local service district referred to in paragraphs (a), (b) and (c) that is “non-residential property” as defined under section 1 of the Assessment Act.

“member of council” means a mayor or a councillor. (membre du conseil)

“Minister” means the Minister of Environment and Local Government and includes anyone designated by the Minister to act on the Minister’s behalf. (ministre)

“municipality” means a city, town or village. (municipalité)

“Municipal Electoral Officer” means the Municipal Electoral Officer under the Municipal Elections Act. (directeur des élections municipales)

“municipal purposes” means the purposes set out in section 5. (fins municipales)

“municipal tax base” means the amount computed on or before October 15 or as soon afterwards as the circumstances permit in the year previous to the year in respect of which the community funding and equalization grant under the Community Funding Act is determined as (assiette fiscale municipale)

(a) the total assessed value of all real property liable to taxation under the Assessment Act in a municipality, excluding

( i) real property owned by the municipality,

( ii) real property of utility commissions owned by the municipality, and

( iii) real property referred to in paragraph (b.1) of the definition “real property” under the Assessment Act;

(b) the assessed value of all real property in a municipality owned by the Crown in right of the Province;

(d) the assessed value of real property in a municipality that is exempt from taxation under paragraph 4(1)(l) of the Assessment Act; and

(e) one-half of the assessed value of any real property in a municipality referred to in paragraphs (a), (b) and (c) that is “non-residential property” as defined under section 1 of the Assessment Act.

“Provincial Court” means the Provincial Court of New Brunswick. (Cour provinciale)

“regional municipality tax base” means the amount computed on or before October 15 or as soon afterwards as the circumstances permit in the year previous to the year in respect of which the community funding and equalization grant under the Community Funding Act is determined as (assiette fiscale de la municipalité régionale)

(a) the total assessed value of all real property liable to taxation under the Assessment Act in a regional municipality, excluding

( i) real property owned by the regional municipality,

( ii) real property of utility commissions owned by the regional municipality, and

( iii) real property referred to in paragraph (b.1) of the definition “real property” under the Assessment Act;

(b) the assessed value of all real property in a regional municipality owned by the Crown in right of the Province;

(d) the assessed value of real property in a regional municipality that is exempt from taxation under paragraph 4(1)(l) of the Assessment Act; and

(e) one-half of the assessed value of any real property in a regional municipality referred to in paragraphs (a), (b) and (c) that is “non-residential property” as defined under section 1 of the Assessment Act.

“regional service commission” means a regional service commission established under the Regional Service Delivery Act. (commission de services régionaux)

“rescue services” does not include fire-related rescue services. (services de sauvetage)

“rural community tax base” means the amount computed on or before October 15 or as soon afterwards as the circumstances permit in the year previous to the year in respect of which the community funding and equalization grant under the Community Funding Act is determined as (assiette fiscale de la communauté rurale)

(a) the total assessed value of all real property liable to taxation under the Assessment Act in a rural community, excluding

( i) real property owned by the rural community,

( ii) real property of utility commissions owned by the rural community, and

( iii) real property referred to in paragraph (b.1) of the definition “real property” under the Assessment Act;

(b) the assessed value of all real property in a rural community owned by the Crown in right of the Province;

(d) the assessed value of real property in a rural community that is exempt from taxation under paragraph 4(1)(l) of the Assessment Act; and

(e) one-half of the assessed value of any real property in a rural community referred to in paragraphs (a), (b) and (c) that is “non-residential property” as defined under section 1 of the Assessment Act.

“user charge” includes (redevance d’usage)

(a) a rate or charge calculated by measuring the consumption of a service being supplied by means of a meter or other mechanical device,

(b) a rate or charge calculated by measuring the units of service consumed by or provided to a user of a service,

(c) a flat rate or charge imposed upon one or more different classes of users, provided the flat rate or charge is uniform within each class,

(d) with respect to water or wastewater disposal services,

( i) a separate charge for each type of plumbing fixture installed in the premises receiving the service, or

( ii) a rate or charge based on the frontage of the property in respect of which the service is provided, that may be imposed on one or more classes of users of the service and that may vary within each class,

(e) with respect to wastewater disposal services, a rate or charge based on a percentage of the water service charge, or

(f) any combination of the rates or charges described in paragraphs (a) to (e),

but does not include a rate or charge calculated by reference to the value of the real property in respect of which the service is being supplied or the utility is being operated.

“ward” includes district. (quartier)

1( 2) 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.

Conflict

2( 1) If a provision of this Act or a regulation 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.

2( 2) 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.

This Act binds the Crown

3 This Act binds the Crown.

PART 2

LEGAL STATUS, PURPOSES AND POWERS

Local governments are bodies corporate

4( 1) 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.

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

4( 3) 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

(a) sealed with the corporate seal of the local government, and

(b) signed by the mayor and the clerk.

4( 4) The Corporations Act does not apply to a local government.

Municipal purposes

5 The purposes of a local government are

(a) to provide good government,

(b) to provide services, facilities or things the council considers necessary or desirable for all or part of the local government,

(d) to foster the economic, social and environmental well-being of its community.

Powers of local governments

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

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

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

6( 4) Anything begun by one council may be continued or completed by a succeeding council.

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

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

Broad interpretation of powers of a local government

7 Recognizing that a local government is a responsible and accountable level of government, the powers of a local government under this or any other Act shall be interpreted broadly in order to provide broad authority to the council to enable it to govern the affairs of the local government as it considers appropriate and to enhance the council’s ability to respond to issues in the local government.

Local governments may establish corporations

8( 1) 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) the provision of a service;

(b) the operation of a utility;

(d) the management of properties of the local government.

8( 2) 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.

Delegation

9( 1) 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.

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

9( 3) A council shall not delegate

(a) its power or duty to make a by-law,

(b) its power or duty to pass a resolution,

(d) its power to borrow money, or

(e) its power to establish an operating reserve fund or a capital reserve fund.

9( 4) 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.

By-laws – general

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

(a) the safety, health and welfare of people and the protection of people and property;

(b) people, activities and things in, on or near a public place or place that is open to the public;

(d) dangerous or unsightly premises and property;

(e) maintenance and occupancy standards for buildings and premises;

(f) blasting operations;

(g) transport and transportation systems, including carriers of persons or goods, taxis and other forms of public transportation;

(h) businesses, business activities and persons engaged in business;

(i) programs and services provided by or on behalf of the local government;

(j) utilities, facilities, infrastructure and improvements on public or private property;

(k) wild, domestic and exotic animals and activities in relation to them, including animal control activities;

(l) the acquisition of real property and improvements by expropriation, with the exception of real property owned by the Crown;

(m) the acquisition, sale, management, construction, leasing, renting of or any other dealings in any real property, or any interest in real property including land, buildings or easements;

(n) the acquisition, sale, management, leasing, renting of or any other dealings in personal property, or any interest in personal property;

(o) subject to the Motor Vehicle Act, the use of motor vehicles or other vehicles on or off roads, streets and highways, and the regulation of traffic, parking and pedestrians;

(p) subject to the Highway Act,

( i) the management and control of roads, streets and highways, sidewalks and boulevards and all property adjacent to roads, streets and highways, whether publicly or privately owned,

( ii) the temporary and permanent opening and closing of roads, streets and highways, and

( iii) the naming and lighting of roads, streets and highways;

(q) vegetation and activities in relation to it;

(r) the enforcement of by-laws made under this or any other Act.

10( 2) A local government shall make by-laws

(a) respecting procedures at council meetings, including any matters prescribed by regulation,

(b) establishing the code of conduct for members of council prescribed by regulation, and

( i) a schedule for the vaccinations,

( ii) a schedule for the assessment of the effectiveness of a previous vaccination, or

( iii) a combination of the schedules set out in subparagraphs (i) and (ii);

(d) prescribing requirements for the proof of vaccination of dogs or requirements for the assessment of the effectiveness of a previous vaccination.

10( 3) A municipality shall make by-laws respecting the provision of the service of police protection.

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

10( 5) 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.

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

(a) regulate respecting the matter,

(b) prohibit respecting the matter,

(d) establish fees or require deposits for

( i) programs or services provided by or on behalf of the local government,

( ii) the use of property of the local government, including property under its control,

(e) establish user charges,

(f) subject to section 117, provide that in the case of a failure to pay a fee referred to in paragraph (d) or a user charge referred to in paragraph (e) the local government may register the outstanding amount as a lien against a property.

By-laws – licences, permits and approvals

11 Without limiting the generality of subsections 10(1) to (4), a by-law made under those subsections respecting a matter may

(a) establish a system of licences, permits or approvals respecting the matter, including;

( i) requirements for the issuance or renewal of a licence, permit or approval,

( ii) the terms and conditions that may be imposed on a licence, permit or approval,

( iii) the expiration, cancellation or revocation of a licence, permit or approval,

( iv) the fees and deposits for licences, permits or approvals;

(b) require a licence, permit or approval in order to take any action respecting the matter;

(c) prohibit the taking of any action without a licence, permit or approval if a licence, permit or approval is required.

By-laws – may be general or specific and may differentiate

12 Except as otherwise provided, a by-law under this Act may be general or specific in its application and may differentiate in any way and on any basis a local government considers appropriate.

General by-law-making powers subject to specific powers

13 If a local government has the power to make a by-law under section 10 and also under a specific provision of this or any other Act, the power conferred by section 10 is subject to any procedural requirements, including conditions, approvals and appeals that apply to the power and any limits on the power contained in the specific provision.

Application of by-laws

14( 1) 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.

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

(a) land vested in the Crown in right of the Province and under the control of the Minister of Energy and Resource Development,

(b) land vested in the Crown in right of Canada, and

By-law requirements – general

15( 1) To be effective a by-law shall

(a) be sealed with the corporate seal of the local government;

(b) be signed by the clerk and the mayor or, in the mayor’s absence, the presiding officer of the council who presided at the meeting at which it was made; and

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

(a) three times by title, and

(b) in its entirety in a regular or special meeting of council at least once before third reading by title.

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

(a) a notice has been given in a manner specified in section 70, twice a week for two weeks, that

( i) describes the proposed by-law by title and generally by subject matter,

( ii) states that the proposed by-law may be examined

( A) in the office of the clerk during regular office hours, and

( B) on the local government’s website, if the local government has posted it on its website;

(b) at least 14 days have elapsed between the day on which the notice is first given and the day on which the by-law is to be read for the third time by title; and

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

(a) a notice has been given in a manner specified in section 70, twice a week for two weeks that

( i) describes the proposed amendment to the by-law by title and generally by subject matter, and

( ii) states that the proposed amendment to the by-law may be examined

( A) in the office of the clerk during regular office hours, and

( B) on the local government’s website, if the local government has posted it on its website;

(b) at least 14 days have elapsed between the day on which the notice is first given and the day on which the by-law is to be read for the third time by title; and

15( 5) 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).

15( 6) 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.

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

15( 8) 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.

By-laws respecting dangerous or unsightly premises

16 A by-law of a local government made under paragraph 10(1)(d) is subject to subsection 128(2).

By-laws respecting maintenance and occupancy standards

17 A by-law of a local government made under paragraph 10(1)(e) shall include

(a) the standards or codes respecting maintenance and occupancy of buildings and premises that are prescribed by regulation, or

(b) the standards or codes respecting maintenance and occupancy of buildings and premises that are approved by regulation for adoption and incorporation by reference in the by-law.

By-laws respecting blasting operations

18 A by-law of a local government made under paragraph 10(1)(f) shall include

(a) the standards or codes respecting blasting operations that are prescribed by regulation, or

(b) the standards or codes respecting blasting operations that are approved by regulation for adoption and incorporation by reference in the by-law.

By-laws respecting businesses, business activities and persons engaged in business

19 A by-law of a local government made under paragraph 10(1)(h) shall be limited to the following matters relating to businesses:

(a) licences and permits;

(b) classification; and

Approval required for by-laws that affect certain highways

20 A by-law of a local government made under paragraph 10(1)(p) that closes all of or a portion of a highway within its territorial limits that is built and maintained by or under the supervision of the Department of Transportation and Infrastructure, the New Brunswick Highway Corporation or a project company, is not effective until approved by the Lieutenant-Governor in Council.

PART 3

INCORPORATION, ADJUSTMENTS, DISSOLUTION
AND FIRST ELECTIONS

Required study and Minister’s recommendation for incorporation and adjustments

21( 1) Before making a recommendation under subsection (2), the Minister shall conduct a feasibility study to determine whether to recommend

(a) the incorporation of a local government under subsection 22(1),

(b) the amalgamation of two or more local governments under subsection 24(1),

(c) the amalgamation of two or more local governments and the annexation of an area contiguous to the amalgamated local government under subsection 24(2),

(d) the annexation of a contiguous area to a local government under subsection 25(1),

(e) the decrease in the territorial limits of a local government under section 26, and

(f) the dissolution of a local government under section 29.

21( 2) 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 (f).

Incorporation

22( 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.

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

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

22( 4) 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.

Council remains on incorporation

23 If a local government is incorporated as another category of local government, the mayor and councillors of the original local government in office at the time of the incorporation are the mayor and councillors of the newly incorporated local government until a new council has been elected and has taken office.

Amalgamation – general

24( 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, amalgamate two or more local governments.

24( 2) 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.

24( 3) 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

(a) the areas considered as a group are contiguous to each other, and

(b) at least one area of the group is contiguous to the local government.

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

24( 5) 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.

24( 6) 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.

Annexation of contiguous areas

25( 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, annex a contiguous area to a local government.

25( 2) 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

(a) the areas considered as a group are contiguous to each other, and

(b) at least one area of the group is contiguous to the local government.

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

Decreasing territorial limits

26 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, decrease the territorial limits of a local government.

Contiguous infrastructure included within a local government

27 Despite the description of the territorial limits of a local government, all wharves, piers, docks, bridges, causeways, breakwaters and other similar structures that are contiguous to a territorial limit of the local government are included within the local government.

Initiating an amalgamation, annexation or a decrease in territorial limits

28( 1) Subject to section 21, the Minister may conduct a feasibility study to determine whether to recommend an amalgamation, an annexation, both an amalgamation and an annexation or a decrease in territorial limits

(a) after being petitioned by the council of a local government that would be affected, or

(b) on the Minister’s own initiative.

28( 2) Twenty-five or more persons qualified to vote under the Elections Act, and resident in a local service district contiguous to a local government may petition the Minister to institute annexation proceedings for that area.

28( 3) The date for determining whether the elector qualifications under the Elections Act are met is the date of the making of the petition.

Dissolution

29( 1) Subject to section 21, the Minister shall conduct a feasibility study to determine whether to recommend the dissolution of a local government after being petitioned by the council of the local government or the Minister may, on his or her own initiative, conduct a feasibility study to determine whether to recommend the dissolution of a local government.

29( 2) 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 establish a local service district.

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

29( 4) A person appointed under subsection (3) may be the same person appointed as supervisor under the Control of Municipalities Act.

29( 5) If a local service district is established under subsection (2), the Lieutenant-Governor in Council may make a regulation defining its territorial limits.

29( 6) In a regulation dissolving a local government, the Lieutenant-Governor in Council may

(a) declare that the dissolved local government becomes a local service district,

(b) provide for the disposition and adjustment of the assets and liabilities and the discharge of the obligations of the dissolved local government that the Lieutenant-Governor in Council considers equitable,

(c) provide for the adjustment that the Lieutenant-Governor in Council considers equitable of the rights, claims, liabilities and obligations of the persons in whose names real property in the dissolved local government is assessed under the Assessment Act,

(d) provide for the extent to and the manner in which the liabilities of the dissolved local government shall be discharged by the imposition of rates of tax on the real property in the dissolved local government and impose rates of tax for the discharge of those liabilities,

(e) provide for the designation of a rural plan or a municipal plan, as the case may be, or any portion of a rural plan or municipal plan as the rural plan of a local service district or portion of a local service district,

(f) provide for the repeal of the by-laws of the dissolved local government,

(g) provide for any claims or actions by or against the dissolved local government,

(h) provide for the vesting in the Crown in right of the Province of property of the dissolved local government,

(i) provide for the giving of notice and the registration of any documents necessary or incidental to any of the matters referred to in this section,

(j) provide for the doing or causing to be done of all other matters, acts, deeds and things that the Lieutenant-Governor in Council considers necessary or incidental to the carrying out of the dissolution of the local government.

29( 7) The Minister may, by order, prescribe that a service be provided for a local service district established under subsection (2) or for an area within that local service district or prescribe that a service be discontinued for the local service district or for an area within the local service district.

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

29( 9) Within one and one-half years after the effective date of a dissolution, the Minister shall review the rural plan of the local service district and, if the Minister considers it to be advisable, amend it.

Regulation is conclusive evidence

30 A regulation effecting an incorporation, amalgamation, annexation or a decrease in territorial limits is conclusive evidence that all conditions precedent for the making of the regulation have been complied with and that the resulting local government is duly incorporated.

Regulation effecting an incorporation, amalgamation, annexation or a decrease in territorial limits

31 The Lieutenant-Governor in Council may, in a regulation effecting an incorporation, amalgamation, annexation or a decrease in territorial limits of a local government,

(a) prescribe the name and territorial limits of the local government and the effective date of the incorporation, amalgamation, annexation, or decrease in territorial limits;

(b) divide the local government into wards;

(c) designate any rural plan or any portion of a rural plan or any other regulation under the Community Planning Act as the municipal plan, rural plan, zoning by-law or other by-law, as the case may be, of a local government, portion of a local government or annexed area for the purposes of sections 38 and 39;

(d) make adjustments in respect of the provision of services for any local service district, rural community or regional municipality affected by the incorporation, annexation or decrease in territorial limits;

(e) make any adjustments of assets and liabilities between affected local governments that they agree on or, in default of agreement, that the Lieutenant-Governor in Council considers equitable;

(f) create, amalgamate or dissolve local commissions and make any adjustments of assets and liabilities of local commissions that they agree on, or, in default of agreement, that the Lieutenant-Governor in Council considers equitable;

(g) appoint persons to inquire into and report to the Lieutenant-Governor in Council on the adjustments of assets and liabilities referred to in paragraphs (e) and (f) with the power to

( i) request that a person produce or provide access to, any relevant document in the person’s possession or control, and

( ii) apply to The Court of Queen’s Bench of New Brunswick for an order directing a person to comply with a request referred to in subparagraph (i);

(h) for the purpose of the first elections, provide for

( i) the number of members on the first council,

( ii) the holding of elections of councillors at large, by ward, or a combination of the two, either before or after the effective date of the incorporation, amalgamation, annexation, or decrease in territorial limits,

( iii) the polling divisions,

( iv) the setting of days for nominations, either before or after the effective date of the incorporation, amalgamation, annexation or decrease in territorial limits,

( v) the setting of the day for holding the first election,

( vi) the qualifications of candidates and voters,

( vii) the preparation of voters lists,

( viii) the setting of the day for the taking of the oath of office or making the affirmation of office, as the case may be,

( ix) the setting of days for first meetings of councils, and

( x) any other matters that the Lieutenant-Governor in Council considers necessary to provide for the effective administration of the new local government;

(i) if an election to elect a first council is held before the effective date of the incorporation, amalgamation, annexation or decrease in territorial limits, fix the remuneration of the members of the first council for the period falling between the taking of the oath of office or making the affirmation of office, as the case may be, and the effective date of the incorporation, amalgamation, annexation or decrease in territorial limits; and

(j) provide for all matters necessary or incidental to the incorporation, amalgamation, annexation, or decrease in territorial limits.

Regulation effecting an incorporation, amalgamation, annexation or a decrease in territorial limits – rural community or regional municipality

32( 1) 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,

(a) prescribe the services provided by the Minister to the rural community or regional municipality or to any area within the rural community or regional municipality;

(b) prescribe land use planning and emergency measures services as services that shall be provided by the rural community or regional municipality; and

32( 2) 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.

32( 3) 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.

First election not required after an annexation or decrease in territorial limits

33 The Lieutenant-Governor in Council may make a regulation effecting an annexation or a decrease in territorial limits without providing for a first election for the local government that is affected.

Amendment or repeal of rural plan and regulations after incorporation, annexation or decrease in territorial limits

34 If a regulation is made effecting an incorporation or annexation or a decrease in territorial limits of a local government, the Lieutenant-Governor in Council may, by regulation,

(a) amend or repeal a rural plan or any other regulation made under the Community Planning Act to make adjustments respecting areas affected by the incorporation, annexation or decrease in territorial limits, and

(b) make adjustments in respect of the territorial limits of any local service district affected by the incorporation, annexation or decrease in territorial limits.

First election held before effective date of the restructuring

35( 1) 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.

35( 2) 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) a member of council of an affected local government shall only hold office until the effective date of the restructuring, and

(b) no by-election shall be held to fill a vacancy on the council of the affected local government occurring after the date of the making of the regulation under subsection 22(1), 24(1) or (2) or 25(1) or section 26 but before the effective date of the restructuring.

35( 3) 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

(a) may be a candidate for the office of mayor or councillor on the first council of the new local government without resigning his or her office on the council of the affected local government, and

(b) if elected, is entitled

( i) to hold office on the first council of the new local government, and

( ii) to continue in office on the council of the affected local government until the effective date of the restructuring.

35( 4) 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,

(a) make, amend or repeal a by-law under the authority of this or any other Act,

(b) become a party to any agreement, contract, instrument or any other document other than those provided for in the estimates adopted under paragraph 99(2)(a) for the current year,

(c) borrow or make payments of funds other than those provided for in the estimates adopted under paragraph 99(2)(a) for the current year,

(d) purchase or dispose of capital assets,

(e) appoint or dismiss officers or employees, or

(f) undertake any course of action that would

( i) affect the future administration of the new local government, or

( ii) bind the new local government to a particular course of action.

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

35( 6) 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

(a) may appoint any officers that are necessary to allow the first council to carry out its responsibilities under subsection (10) in relation to the new local government and those appointments when made shall be immediately effective,

(b) may prepare a transitional budget for submission to the Minister that sets out

( i) the remuneration of the members of the first council as fixed in the regulation under subsection 22(1), 24(1) or (2), 25(1) or section 26,

( ii) the expenses of the first council for the period before the effective date of the restructuring, and

( iii) the salaries of the officers of the new local government appointed under paragraph (a), and

(c) may, in accordance with section 15, make by-laws regulating its procedure, prescribing the time and place of its regular meetings and providing for the calling of special meetings.

35( 7) 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.

35( 8) 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 former local service district affected and shall be included in their financial results.

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

35( 10) 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,

(a) may conduct a review of all the by-laws of the affected local governments whether made under this Act or any other Act,

(b) may make or amend by-laws of the new local government except that those by-laws shall have no effect until the effective date of the restructuring and shall be deemed to have come into force on the effective date of the restructuring,

( i) an estimate of the money required for the operation of the new local government,

( ii) the amount of that estimate to be raised on the local government tax base, and

( iii) the rate at which the amount referred to in subparagraph (ii) is to be raised,

(d) may act under subsection 99(10) in respect of the new local government,

(e) may undertake the negotiation of collective agreements,

(f) may make arrangements for the appointment of officers of the new local government, including acting under subsection (11), and

(g) may make arrangements for a pension or superannuation plan for the permanent employees of the new local government.

35( 11) 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) appoint that person as an officer of the new local government for the purposes of paragraph (6)(a) and sections 71 and 72, or

(b) subject to any applicable collective agreement,

( i) reassign that person to a new position,

( ii) make arrangements for the retirement of that person, or

( iii) terminate the employment of that person, on reasonable notice or with payment instead of notice.

35( 12) 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.

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

35( 14) 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.

35( 15) 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.

35( 16) The Minister may

(a) abridge or extend any time limit set in accordance with section 99, and

(b) make any other adjustments that are necessary to affect an orderly transition.

35( 17) 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.

35( 18) 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.

Procedures for a first election

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

36( 2) 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.

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

36( 4) 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.

36( 5) 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.

36( 6) 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.

36( 7) 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.

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

36( 9) 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.

36( 10) 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.

36( 11) 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.

36( 12) 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.

Continuance of borrowing authority in a restructuring proceeding

37 Despite any other provision of this Act or the Municipal Capital Borrowing Act, if a regulation is made effecting an incorporation, amalgamation, annexation or decrease in territorial limits, any outstanding authority of a former local government to borrow money granted under the Municipal Capital Borrowing Act may continue in the name of the new local government.

Municipal plan, rural plan, zoning by-law or other by-law of new local government

38( 1) Despite any other provision of this Act or the Community Planning Act, when the residents of a local service district are incorporated as a new 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 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.

38( 2) If the residents of two or more local service 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 made 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.

38( 3) 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.

38( 4) 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.

Municipal plan, rural plan, zoning by-law or other by-law of new local government – annexation

39( 1) Despite any other provision of this Act or the Community Planning Act, when a contiguous local service 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.

39( 2) 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.

39( 3) 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.

39( 4) 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).

39( 5) 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.

By-laws of former local governments

40( 1) 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.

40( 2) 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.

40( 3) 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.

40( 4) 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.

Assets and liabilities of former local governments

41( 1) 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.

41( 2) 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.

PART 4

DIVISIONS INTO WARDS, COMPOSITION AND
POWERS AND DUTIES OF COUNCIL

Power to divide a local government into wards

42 A local government may make a by-law that divides the local government into wards.

Composition of council – a local government not divided into wards

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

(a) a mayor, and

(b) three councillors.

43( 2) 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).

Composition of council – a local government divided into wards

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

(a) a mayor, and

(b) one councillor for each ward.

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

(a) increases the number of councillors for each ward for the purposes of paragraph (1)(b), and

(b) provides for one or more councillors at large.

44( 3) Only the voters residing in a ward shall vote for the candidates nominated for that ward.

Requirements for by-laws relating to wards and council composition

45( 1) 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) at least once within the ten days before the meeting at which the by-law will be given first reading, the local government shall give the notice in a manner specified in section 70; and

(b) for at least ten days before the meeting at which the by-law will be given first reading, the local government shall post the notice in the office of the clerk and, if the local government chooses to do so, on its website.

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

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

45( 4) 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.

45( 5) 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.

45( 6) 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.

45( 7) 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.

45( 8) 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.

45( 9) 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.

45( 10) 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.

45( 11) Subsection (10) does not apply during the six months preceding the date of a first election under this Act.

Deemed by-law dividing a local government into wards

46( 1) 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,

(a) 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 made under section 42 and the division of the local government into wards in the regulation shall remain in effect until four years have elapsed from the making of the regulation, and

(b) no by-law made under section 42 respecting the division of a local government into wards shall have any effect until four years have elapsed from the making of the regulation.

46( 2) 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.

46( 3) 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.

Deemed by-law determining composition of council

47( 1) 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,

(a) the composition of the council as determined in the regulation shall be deemed to be the composition of the council determined by a by-law of the council made under subsection 43(2) or 44(2), as the case may be, and the composition of the council as determined by the regulation shall remain in effect until four years have elapsed from the making of the regulation, and

(b) no by-law made under subsection 43(2) or 44(2), as the case may be, respecting the composition of the council shall have any effect until four years have elapsed from the making of the regulation.

47( 2) 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.

47( 3) 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.

Powers and duties of mayors and councillors

48( 1) The mayor of a local government shall

(a) preside at all meetings of council, except as provided for otherwise in a procedural by-law made under paragraph 10(2)(a) or in a municipal charter or a private or special Act,

(b) provide leadership to council,

(c) communicate information and recommend actions to council for the improvement of the local government’s finances, administration and government,

(d) speak on issues of concern to the local government on behalf of council, and

(e) perform any other duties conferred on him or her by this or any other Act or by council.

48( 2) 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.

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

48( 4) 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.

48( 5) 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.

48( 6) A councillor of a local government shall

(a) consider the welfare and interests of the entire local government when making decisions,

(b) bring to the attention of council matters that may promote the welfare or interests of the local government,

(d) participate in meetings of council, council committees and any other body to which he or she is appointed by council, and

(e) perform any other duties conferred on him or her by this or any other Act or by council.

Salaries and allowances of mayor and councillors

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

(a) the amounts paid in annual salaries or other remuneration, and

(b) any amounts paid as allowances for expenses resulting from the discharge of their duties including for attendance at meetings.

49( 2) 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.

PART 5

VACANCIES, ELECTIONS, ACCEPTING OFFICE AND PLEBISCITES

Vacancies on a council

50( 1) A vacancy results in a council when

(a) fewer candidates than are required for office are nominated,

(b) a member resigns from office,

(d) a member is convicted of

( i) an offence punishable by imprisonment for five or more years, or

( ii) an offence under section 122, 123, 124 or 125 of the Criminal Code (Canada),

(e) a member fails to comply with subsection 58(9),

(f) a member ceases to be a resident of the local government,

(g) except in the case of illness or with the authorization of the council, a member is

( i) absent from the local government for more than two months at one time, or

( ii) absent from four or more consecutive regular meetings of the council, or

(h) a member has been disqualified from or declared incapable of holding office under this or any other Act.

50( 2) 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).

Filling a vacancy on a council

51( 1) 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.

51( 2) 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.

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

51( 4) 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.

Reduced requirements for quorum in case of a vacancy

52( 1) 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).

52( 2) 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.

Reduced number of council members in case of a vacancy

53( 1) 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.

53( 2) 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.

Schedule of general elections for council

54( 1) General elections shall be held on the second Monday in May for the year 2020 and every fourth year after that date.

54( 2) 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.

Resignation and nomination for office on a council

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

55( 2) 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 his or her resignation.

55( 3) Before a member of council may file nomination papers for any other office of council in a by-election, the member shall resign his or her 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.

55( 4) 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).

Restriction on powers of outgoing council

56( 1) 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

(a) make, amend or repeal a by-law under the authority of this or any other Act,

(b) become a party to any agreement, contract, instrument or any other document other than those provided for in the estimates adopted under paragraph 99(2)(a) for the current year,

(c) borrow or make payments of funds other than those provided for in the estimates adopted under paragraph 99(2)(a) for the current year,

(d) purchase or dispose of capital assets, or

(e) appoint or dismiss officers or employees.

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

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

(a) it is in the public interest and is urgently required, or

(b) it is authorized by a by-law made before the day of the general election.

Effect of election of ineligible person

57( 1) 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.

57( 2) 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.

Accepting office on a council

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

(a) taking and subscribing the oath of office prescribed by regulation, or

(b) making and subscribing the affirmation of office prescribed by regulation.

58( 2) 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.

58( 3) 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.

58( 4) 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.

58( 5) 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.

58( 6) Despite subsections (2), (3), (4) and (5), 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.

58( 7) Despite subsections (2), (3), (4), (5) 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.

58( 8) Despite subsections (2), (5) 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.

58( 9) No person shall take a seat on a council before he or she has accepted office as provided in this section.

58( 10) The following persons may administer an oath of office or an affirmation of office:

(a) the clerk;

(b) a notary public or a commissioner for taking affidavits; or

(c) a judge of the Provincial Court, The Court of Queen’s Bench of New Brunswick or The Court of Appeal of New Brunswick.

58( 11) 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.

58( 12) 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.

58( 13) A member of council may resign his or her office by filing with the clerk a resignation in writing.

Plebiscites – matters within the powers of a local government

59( 1) A council may order a plebiscite on any matter within its powers.

59( 2) A plebiscite may be held

(a) on the same day as a general election, or

(b) on any day within the period beginning six months after a general election and ending six months before the next general election.

59( 3) 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.

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

Plebiscites – changing the name of a local government

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

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

60( 3) 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.

60( 4) 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.

Changing the name of a local government without a plebiscite

61( 1) Despite section 60, a council may

(a) request that the Minister waive the requirement under section 60 that a plebiscite be held and request a name change for the local government, and

(b) recommend to the Minister that the name of the local government be changed by the Lieutenant-Governor in Council as set out in the request under paragraph (a).

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

61( 3) 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.

Changing the name of municipalities – specific case

62( 1) 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.

62( 2) 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.

PART 6

COUNCIL MEETINGS

Schedule

63( 1) 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 Queen’s Bench of New Brunswick declares a candidate elected under that section.

63( 2) 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.

63( 3) A council shall hold at least four regular meetings in each year.

Acts and decisions of council

64( 1) All decisions of a council shall be

(a) made in a regular or special meeting of the council, and

(b) adopted by a by-law or a resolution of council.

64( 2) 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.

64( 3) 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.

Quorum

65( 1) A majority of the members of council constitutes a quorum.

65( 2) The number of members of council is:

(a) in the case of a local government that is not divided into wards for election purposes, the number of members of council under

( i) subsection 43(1),

( ii) a regulation effecting an incorporation, amalgamation, annexation or a decrease in territorial limits of the local government, or

( iii) a by-law made under subsection 43(2); and

(b) in the case of a local government that is divided into wards for election purposes, the number of members of council under

( i) subsection 44(1),

( ii) a regulation effecting an incorporation, amalgamation, annexation or a decrease in territorial limits of the local government, or

( iii) a by-law made under subsection 44(2).

65( 3) 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.

Voting

66( 1) Subject to this Act, each member of council present at a meeting shall announce his or her 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.

66( 2) 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.

Open meetings

67 Subject to subsection 68(1),

(a) all regular and special meetings of a council shall be open to the public, and

(b) all meetings of a committee of council shall be open to the public.

Closed meetings

68( 1) 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

(a) information of which the confidentiality is protected by law,

(b) personal information as defined in the Right to Information and Protection of Privacy Act,

(c) information that could cause financial loss or gain to a person or the local government or could jeopardize negotiations leading to an agreement or contract,

(d) the proposed or pending acquisition or disposition of land,

(e) information that could violate the confidentiality of information obtained from the Government of Canada or from the government of a province or territory,

(f) information concerning legal opinions or advice provided to the local government by its solicitor or privileged communications between solicitor and client in a matter of local government business,

(g) litigation or potential litigation affecting the local government or any corporation referred to in subsection 8(1), the local government’s agencies, boards or commissions including a matter before an administrative tribunal,

(h) the access to or security of buildings and other structures occupied or used by the local government or access to or security of systems of the local government, including computer or communication systems,

(i) information gathered by the police, including the Royal Canadian Mounted Police, in the course of investigating any illegal activity or suspected illegal activity, or the source of that information,

(j) labour and employment matters, including the negotiation of collective agreements.

68( 2) 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:

(a) procedural matters;

(b) directions to an officer or employee of the local government;

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

(a) the type of matter under subsection (1) that was discussed during the meeting; and

(b) the date of the meeting.

Electronic meetings

69( 1) 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.

69( 2) Only a member of council who, at the time of the meeting, is outside of the local government or is physically unable to attend the meeting may participate in the manner referred to in subsection (1).

69( 3) Except for reasons of disability, a member of council shall not participate in the manner referred to in subsection (1) at more than 25% of the regular council meetings held in a one-year period or at more than four special council meetings held in a one-year period.

69( 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.

69( 5) 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 he or she is alone.

69( 6) 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.

69( 7) 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:

(a) a statement that an electronic means of communication will be used at the meeting; and

(b) the location where the public may see or hear the meeting.

Means of giving notice

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

(a) publishing the notice in a newspaper published or having general circulation in the local government;

(b) broadcasting the notice on a radio or television station that broadcasts in the local government; or

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

70( 3) 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.

PART 7

OFFICERS AND EMPLOYEES

Appointed officers

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

71( 2) A council may appoint the officers that are necessary for the administration of the local government.

71( 3) A person may be appointed to more than one office.

71( 4) 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.

71( 5) 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).

Appointment of by-law enforcement officers

72 A council may appoint by-law enforcement officers for the local government and may determine their terms of office.

Power to appoint acting officers

73 If a council is authorized to appoint an officer, it may appoint an acting officer if the officer is absent due to illness or any other reason or if the office is vacant.

Powers and duties of the clerk

74( 1) The clerk of a local government is the clerk of the council and shall

(a) attend all meetings of council and record in a book or electronically

( i) the names of the members of council present at the meeting, and

( ii) all resolutions, decisions and proceedings of the council, without note or comment,

(b) if required by any member of council present, record the name and vote of every member voting on a question,

(d) maintain an indexed register of certified copies of all by-laws of the local government;

(e) be the custodian of the corporate seal of the local government,

(f) if the mayor and deputy mayor are absent or the office of mayor is vacant, call a meeting of council to select a councillor to act as presiding officer of the council,

(g) sign, as required under paragraph 4(3)(b), all agreements, contracts, instruments and other documents to which the local government is a party,

(h) notify all members of council of all meetings of the council, and

(i) perform any other duties that the council assigns to him or her.

74( 2) 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.

Documents required to be available at the clerk’s office

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

(a) the adopted minutes of council meetings;

(b) a record referred to in subsection 68(3);

(d) the audited financial statements of the local government;

(e) the estimates adopted by a local government under paragraph 99(2)(a);

(f) any document required under this Act to be available for examination; and

(g) any other document prescribed by regulation.

75( 2) 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.

75( 3) 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.

Powers and duties of the treasurer

76( 1) The treasurer is the chief financial and accounting officer of the local government and shall

(a) collect and receive all money of the local government,

(b) open one or more accounts in the name of the local government in a chartered bank, credit union or other similar place of deposit approved by the council, and deposit in the accounts all money received by him or her on behalf of the local government,

(c) maintain accurate accounts and records of the financial information of the local government in accordance with the Control of Municipalities Act,

(d) be the custodian of all accounts and records referred to in paragraph (c) and all financial documents of the local government,

(e) after the end of each fiscal year, prepare a detailed statement of the finances of the local government in order for an annual audit to be prepared under subsection 79(3),

(f) prepare and submit periodic statements to the council as the council requires,

(g) ensure that the local government is protected by insurance against risks that may involve pecuniary loss or liability on the part of the local government,

(h) advise the council and its committees on all matters relating to finance or accounting, and

(i) perform any other duties that the council assigns to him or her.

76( 2) 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.

Joint payment authorization

77( 1) 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.

77( 2) The council may provide by resolution that any signature required by this section be reproduced.

Limit of liability

78 The treasurer is not liable for any money paid by the treasurer in accordance with a by-law or resolution of the council unless another disposition of the money is expressly provided for by statute.

Powers and duties of the auditor

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

79( 2) The auditor shall perform any duties that are prescribed by this Act and the regulations under this Act and the Control of Municipalities Act, and that the council prescribes by by-law or resolution.

79( 3) The auditor shall complete an annual audit by March 1 of each year.

79( 4) 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.

79( 5) 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.

Powers and duties of by-law enforcement officers

80 A by-law enforcement officer of a local government has the powers and duties prescribed by by-law, this Act and the regulations under this Act and any other Act.

Powers and duties of chief administrative officer

81 The chief administrative officer of a local government has the powers and duties that the council prescribes by by-law or resolution.

Solicitor of a local government

82( 1) 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.

82( 2) 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.

Engineer of a local government

83 A council shall not appoint as an engineer of the local government a person who is not a member of the Association of Professional Engineers and Geoscientists of New Brunswick or not licensed to practise engineering under the Engineering and Geoscience Professions Act.

Bonding of officers and employees

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

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

84( 3) A council shall require the production before it of every bond required under this section

(a) at a meeting held not later than February 15 in each year with respect to officers who continue in office from year to year, or

(b) at the first meeting after an officer’s appointment with respect to a newly appointed officer.

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

Members of council not eligible for appointment or employment for one year

85( 1) 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 he or she ceases to hold office as a member of council.

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

Indemnity

86( 1) 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 his or her 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 him or her in relation to any criminal action or proceeding for a strict or absolute liability offence or any civil or administrative action or proceeding, if he or she

(a) is made a party to the action or proceeding 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,

(b) acted honestly and in good faith with a view to the best interests of the local government, and

(c) had, in the case of an administrative or criminal action or proceeding enforced by a monetary penalty, reasonable grounds for believing the conduct was lawful.

86( 2) A local government must first obtain the approval of The Court of Queen’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.

86( 3) 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) was substantially successful on the merits in defence of the action or proceeding, and

(b) fulfils the conditions set out in paragraphs (1)(b) and (c).

86( 4) 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 he or she 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.

86( 5) A local government or a person referred to in subsection (1) may apply to The Court of Queen’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.

86( 6) 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.

86( 7) 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.

PART 8

CONFLICT OF INTEREST

Definitions and interpretation

87( 1) The following definitions apply in this Part.

“controlling interest” means beneficial ownership of, or direct or indirect control or direction over, voting shares of a public corporation carrying more than 10% of the voting rights attached to all voting shares of the corporation for the time being issued. (intérêt majoritaire)

“committee” means a committee of a council or a local board. (comité)

“family associate” means a member’s or senior officer’s (membre de sa proche famille)

(a) spouse or common-law partner,

(b) child,

(d) sibling.

“local board” means (commission locale)

(a) a body whose entire membership is appointed under the authority of a council,

(b) a water or wastewater commission established under section 15.2 of the Clean Environment Act, and

“member” means a member of council, a member of a local board or a member of a committee. (membre)

“officer”, in relation to a private corporation or a public corporation, means (dirigeant)

(a) a chief executive officer, a chief operating officer, a chief financial officer, a president, a vice-president, a secretary, an assistant secretary, a treasurer, an assistant treasurer and a general manager,

(b) a person who performs functions similar to those normally performed by a person referred to in paragraph (a).

“private corporation” means a corporation whose shares are not publicly traded. (société privée)

“public corporation” means a corporation whose shares are publicly traded. (société publique)

“registered charity” means a registered charity within the meaning of the Income Tax Act (Canada). (organisme de bienfaisance enregistré)

“senior officer”, in relation to a local government or local board, means (cadre supérieur)

(a) a chief administrative officer, or the person who has the primary responsibility for administration,

(b) a treasurer, an assistant treasurer, or the person who has the primary responsibility for financial affairs,

(d) a solicitor,

(e) an engineer,

(f) a planner, or the person who has the primary responsibility for zoning and other community planning matters,

(g) a building inspector, or the person who has the primary responsibility for the enforcement of by-laws or other laws with respect to building and construction,

(h) a by-law enforcement officer, or the person who has the primary responsibility for the enforcement of by-laws or other laws with respect to matters other than building and construction,

(i) a fire chief,

(j) a chief of police, and

(k) a purchasing agent.

“service club” means a non-profit organization, of which one of the primary objectives is to provide community services on a voluntary basis. (club philanthropique)

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

Application of conflict of interest provisions

88 The provisions of this Part apply to members and to senior officers employed by or appointed by local governments and local boards.

Conflict of interest – member or senior officer

89( 1) 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) the member, senior officer or family associate

( i) has or proposes to have an interest in a contract in which the council, local board or committee of which he or she is a member or by whom he or she is employed or was appointed has an interest, or

( ii) has an interest in any other matter in which the council, local board or committee is concerned that would be of financial benefit to the member, senior officer or family associate,

(b) the member, senior officer or family associate is a shareholder in or is a director or an officer of a private corporation that

( i) has or proposes to have an interest in a contract with the council, local board or committee, or

( ii) has an interest in any other matter in which the council, local board or committee is concerned that would be of financial benefit to the corporation,

(c) the member, senior officer or family associate has a controlling interest in or is a director or an officer of a public corporation that

( i) has or proposes to have an interest in a contract with the council, local board or committee, or

( ii) has an interest in any other matter in which the council, local board or committee is concerned that would be of financial benefit to the corporation, or

(d) the member, senior officer or a family associate would otherwise benefit financially by a decision of the council, local board or committee in a contract, proposed contract or other matter in which the council, local board or committee is concerned.

89( 2) 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.

89( 3) 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.

Exceptions to conflict of interest

90 A member or a senior officer does not have a conflict of interest and does not violate section 96 by reason only that the member, senior officer, or family associate is, as the case may be,

(a) a qualified voter, an owner-occupier of residential property, or a user of any public utility service supplied to him or her by the local government or local board in the same manner and subject to the same conditions that are applicable in the case of persons who are not members or senior officers,

(b) entitled to receive on terms common to other persons any service or commodity or any subsidy, loan or other benefit offered by the local government or local board,

(d) a person who has made a deposit with a local government or local board, the whole or part of which is or may be returnable to him or her in the same manner as the deposit is or may be returnable to other qualified voters,

(e) eligible for election or appointment to fill a vacancy, office or position in the council, local board or committee when the council, local board or committee is empowered or required by any general or special Act to fill the vacancy, office or position,

(f) a person having an interest in land valued in use as farmland or farm woodlot under the Assessment Act or being registered under the farm land identification program under the Real Property Tax Act,

(g) a director or officer of a corporation incorporated for the purpose of carrying on business for and on behalf of a local government,

(h) in receipt of an allowance for attendance at meetings, or any other allowance, honorarium, remuneration, salary or benefit to which he or she is entitled by reason of being a member or as a member of a volunteer fire brigade,

(i) an honorary member of a trade union,

(j) a person having any interest which is an interest in common with voters generally,

(k) a person having an interest which is so remote or insignificant in its nature that it cannot reasonably be regarded as likely to influence the member or senior officer, or

(l) a member of a service club or registered charity that is in receipt of a benefit from the local government, local board or committee.

Disclosure of conflict of interest – member

91( 1) On assuming office, each member shall file a statement with the clerk disclosing any actual or potential conflict of interest of which he or she has knowledge.

91( 2) If a conflict of interest arises while a member is in office, the member shall immediately file a statement disclosing the conflict of interest with the clerk.

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

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

91( 5) 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,

(a) as soon as the matter is introduced, disclose that he or she has a conflict of interest in the matter, and

(b) immediately withdraw from the meeting room while the matter is under consideration or put to a vote.

Disclosure of conflict of interest – senior officer

92( 1) On assuming office, a senior officer shall file a statement with the clerk disclosing any actual or potential conflict of interest of which he or she has knowledge.

92( 2) If a conflict of interest arises while a senior officer is in office, the senior officer shall immediately file a written statement disclosing the conflict of interest with the clerk.

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

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

Recording and filing of declaration of conflict of interest

93( 1) 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.

93( 2) 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.

Effect of conflict of interest on quorum

94( 1) 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.

94( 2) 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.

94( 3) 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.

Senior officer may advise on a matter while having a conflict

95 A senior officer may, within the scope of his or her employment, provide advice to a council, a local board, or a committee on a matter with respect to which he or she has a conflict of interest, if the advice is provided at the request of the council, the local board or the committee and the request is made with knowledge of the conflict.

Prohibited conflict

96 A member or a senior officer shall not

(a) accept any fees, gifts, gratuities or other benefit that could reasonably be seen to influence any decision made by him or her in the carrying out of his or her functions as a member or as a senior officer, or

(b) for his or her personal gain, or for the personal gain of a family associate, make use of his or her position or of any information that is obtained in his or her position and is not available to the public.

Offences and penalties

97( 1) 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.

97( 2) 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.

97( 3) 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) an order requiring the person to resign his or her office or position on the terms and conditions imposed by the judge,

(b) an order prohibiting the person from holding that office or position or any other specified office or position during the period of time that the judge prescribes,

(c) if the violation or failure to comply has resulted in financial gain to the person or a family associate, an order requiring the return of any gain realized in accordance with terms and conditions imposed by the judge, and

(d) any other order that the judge considers appropriate in the circumstances.

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

97( 5) 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

(a) the violation or failure to comply has not resulted in any personal gain to the person accused, and

(b) the violation or failure to comply was, in the opinion of the judge, inadvertent.

97( 6) 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.

This Part prevails over other conflict of interest rules

98 The provisions of this Part with respect to conflicts of interest shall be deemed to supersede all other provisions that may exist in any other Act, public or private, any regulation under those Acts, any by-law of a local government or any municipal charter with respect to those matters, even though no conflict may exist between the provisions of this Act and the other provisions.

PART 9

FINANCIAL MATTERS

Fiscal year and budgets of local governments

99( 1) The fiscal year of a local government is the calendar year.

99( 2) 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) an estimate of the money required for the operation of the local government,

(b) the amount of that estimate to be raised on the local government tax base,

(d) the imposition of the tax under paragraph 5(2)(a) or (a.1), as the case may be, of the Real Property Tax Act.

99( 3) 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.

99( 4) 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).

99( 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

(a) adjustments to the assessed value of the real property to reflect the previous year’s property value determined under the Payments in Lieu of Taxes Act (Canada), and

(b) any other adjustments that may be required to be made in respect of real property reclassifications and alterations and other modifications to real property in order to reflect the anticipated property value determined under the Payments in Lieu of Taxes Act (Canada).

99( 6) 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:

(a) a revision of the estimate under paragraph (2)(a),

(b) a revision of the amount under paragraph (2)(b), and

99( 7) On the approval of the Minister, the rate adopted under this section is the rate fixed for the purposes of the Real Property Tax Act.

99( 8) 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 rate in paragraph (2)(c).

99( 9) 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 rate fixed in paragraph (2)(c), the local government may fix different rates for different areas, or portions of areas, accordingly.

99( 10) If a local service 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 a rate that is different than the rate fixed in paragraph (2)(c) or subsection (9) for real property that

(a) was located in the local service district immediately before the annexation, and

(b) is not subject to a credit under section 2 or 2.1 of the Residential Property Tax Relief Act.

99( 11) If a local government fixes a rate under subsection (9) or (10), the local government shall adjust the rate fixed in paragraph (2)(c) so that the amount of the estimate under paragraph (2)(b) remains the same.

Borrowing powers

100( 1) 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.

100( 2) 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.

100( 3) 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.

100( 4) 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.

100( 5) 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).

100( 6) 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 generation facility or an electric power, water or wastewater disposal system is not considered to be money borrowed.

100( 7) 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.

100( 8) 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.

Operating and capital reserve funds

101 In accordance with the regulations, a local government may establish, manage and contribute to

(a) an operating reserve fund, and

(b) a capital reserve fund.

Grants for social or environmental purposes

102( 1) 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) a charitable or non-profit organization or corporation;

(b) a recreational, cultural, environmental, social or educational organization; and

(c) any other organization or corporation if, in the opinion of council, the grant will benefit its residents and assist in the social or environmental development of the local government.

102( 2) 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.

102( 3) 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.

102( 4) 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.

102( 5) 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.

Adjustments for payments made under Payments in Lieu of Taxes Act (Canada)

103( 1) 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,

(a) the council shall, on notice by the Minister, cause the difference to be credited to the general operating fund for the second year following that fiscal year, and

(b) the Minister shall add the amount that represents the difference in the payment made under section 8 or 9 of the Community Funding Act for the second year following that fiscal year.

103( 2) 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) the council shall, on notice by the Minister, cause the difference to be debited against the general operating fund for the second year following that fiscal year, and

(b) the Minister shall deduct the amount that represents the difference from the payment made under section 8 or 9 of the Community Funding Act for the second year following that fiscal year.

Economic development

104( 1) A local government may make by-laws for municipal purposes respecting economic development.

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

(a) the establishment, expansion or continuation of a business or industry located within its territorial limits,

(b) the sale or lease of land within its territorial limits at a price below market value,

104( 3) 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.

104( 4) 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.

104( 5) 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.

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

(a) acquire or hold securities;

(b) provide loans or guarantees; or

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

(a) another local government,

(b) the Crown in right of the Province,

(d) a regional service commission, or

(e) the Minister.

Annual report

105( 1) 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, information respecting grants, economic development activities and services of the local government.

105( 2) 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.

105( 3) 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.

PART 10

SERVICES IN A RURAL COMMUNITY OR REGIONAL MUNICIPALITY

Services provided in a rural community or regional municipality

106( 1) 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:

(a) animal control services;

(b) police protection services; and

106( 2) 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.

106( 3) 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.

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

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

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

106( 7) The provision of solid waste collection and disposal services is subject to

(a) the Regional Service Delivery Act,

(b) any requirements in a regulation made under paragraph 191(1)(aa), and

106( 8) 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.

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

Services provided by the Minister in a local service district incorporated as a rural community or annexed to a rural community

107( 1) If a local service 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 in the former local service district 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.

107( 2) 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.

Liabilities continue if service discontinued

108 If a service provided by the Minister, a rural community or a regional municipality is discontinued in all or any portion of a rural community or regional municipality, as the case may be, all liabilities associated with the service continue until discharged.

Financing of services provided by the Minister

109( 1) 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.

109( 2) 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.

109( 3) 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.

109( 4) 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.

109( 5) 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.

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

Estimate of money required for provision of services and tax rate

110 Each year the Minister shall

(a) prepare an estimate of the money required for the provision of services, including the costs of administration attributable to those services, for a rural community or a regional municipality, as the case may be,

(b) determine the amount of that estimate to be raised on the rural community tax base or regional community tax base, as the case may be,

(d) fix the rate at which the amount referred to in paragraph (b) is to be raised.

PART 11

ELECTRICITY, GAS, WATER AND
WASTEWATER SERVICES

Definitions

111 The following definitions apply in sections 112 to 116.

“distribution electric utility” means distribution electric utility as defined in the Electricity Act. (entreprise de distribution d’électricité)

“municipal distribution utility” means municipal distribution utility as defined in the Electricity Act. (entreprise municipale de distribution d’électricité)

Generation of electricity

112( 1) A local government may construct, own and operate a generation facility and may use the electricity for its own purposes or sell it to a distribution electric utility or another person, but shall not distribute it or provide it as a service to its residents.

112( 2) 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.

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

(a) acquire land or an interest in land that is adjacent to the local government and use the land for the purposes stated,

(b) enter into an agreement with one or more local governments or with any person, including the Crown, where the costs of construction and operation of a generation facility may be shared by the parties to the agreement, and

(c) enter into an agreement with one or more local governments or with any person, including the Crown, to provide for the joint acquisition, ownership, development, extension, management or operation of a generation facility.

Generation facility fund

113 A local government that constructs, owns or operates a generation facility shall establish a generation facility fund.

Budget for generation facility

114( 1) A local government that operates a 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.

114( 2) When operating a generation facility, a local government shall produce an annually balanced budget with respect to the operation.

114( 3) 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.

114( 4) When in the operation of a generation facility a local government has a deficit at the end of its fiscal year,

(a) the deficit shall be debited against the budget for that activity for the second year following that fiscal year, or

(b) the deficit shall be spread over a four-year period commencing in the second year following that fiscal year.

114( 5) When in the operation of a generation facility the local government has a surplus at the end of its fiscal year,

(a) the surplus shall be credited to the budget for that activity for the second year following that fiscal year, or

(b) the surplus shall be spread over a four-year period commencing in the second year following that fiscal year.

114( 6) 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.

Reserve fund

115 In accordance with the regulations, a local government may, with respect to its ownership or operation of a generation facility, establish, manage and contribute to

(a) an operating reserve fund, and

(b) a capital reserve fund.

Borrowing for generation facility

116 A local government may borrow temporarily in each year for current expenditures in respect of the operation of a generation facility a sum or sums of money not exceeding 50% of the budgeted revenue for that year.

Water and wastewater disposal services

117( 1) 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.

117( 2) 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.

117( 3) 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.

117( 4) 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.

117( 5) 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),

(a) the deficit shall be debited against the budget for that service or utility for the second year following that year, or

(b) the deficit shall be spread over a four-year period commencing in the second year following that year.

117( 6) 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) the surplus shall be credited to the budget for that service or utility for the second year following that fiscal year, or

(b) the surplus shall be spread over a four-year period commencing in the second year following that fiscal year.

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

(a) establish, manage and contribute to an operating reserve fund, and

(b) establish, manage and contribute to a capital reserve fund.

117( 8) 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

(a) the collection and recovery of user charges,

(b) discounts on user charges,

(d) the imposition of penalties for non-payment, and

(e) the proceedings to be taken in default of payment.

117( 9) 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.

117( 10) 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.

117( 11) 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.

117( 12) 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.

117( 13) 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.

117( 14) 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.

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

(a) compel the owner of a building standing on land by which the service line runs to connect up with the service, or

(b) make a charge to the owner of the land where the connection is not made with the service.

117( 16) 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.

Municipalities or commissions that provide electric power service

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

(a) may continue to provide the service, and

(b) if the service is continued, shall provide electric power on a user-charge basis.

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

Gas services

119 A local government that sells gas or provides customer service as defined in the Gas Distribution Act, 1999 is not required to base the price of gas and customer services on cost unless the New Brunswick Energy and Utilities Board requires it to do so on the grounds that market forces do not adequately protect customers.

PART 12

LOCAL IMPROVEMENTS

Definition of “owner”

120 In this Part, “owner” means the person in whose name real property is assessed under the Assessment Act.

Local improvements

121 A local improvement is a capital work that the council considers to be of greater benefit to an area of the local government than to the local government as a whole and for which the costs, in whole or in part, are charged against the real properties that receive the benefit.

Local improvement proposal

122 A local government may make a by-law proposing a local improvement

(a) on its own initiative, if the council considers it to be necessary or beneficial to part of the local government, or

(b) after being petitioned by at least two-thirds of the owners whose real property would benefit from the local improvement.

By-law respecting a local improvement

123 A by-law respecting a local improvement shall contain

(a) a description of the local improvement,

(b) the area of the local government which is the subject of the local improvement and the parcels of land that will be affected,

(d) a statement of the proportion of the total cost to be levied against each parcel of land that will benefit from the local improvement and the mechanism for determining and recovering that cost.

Notice of and opposition to a local improvement by-law

124( 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.

124( 2) The notice shall include:

(a) a summary of the local improvement;

(b) the costs specified in a by-law under section 123; and

(c) a statement that the owner may file a written objection to the local improvement with the clerk within 30 days after receiving the notice.

124( 3) 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 his or her latest known residence or place of business.

124( 4) 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.

124( 5) 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.

124( 6) 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.

Public hearing

125( 1) 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.

125( 2) 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.

125( 3) 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 his or her latest known residence or place of business.

Requirements for a local improvement by-law

126( 1) 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.

126( 2) 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.

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

Lien of the local government

127 The proportion of the total cost referred to in paragraph 123(d) that is due and payable for a period of 60 days constitutes a special lien and charge on the land in priority to every claim, privilege, lien or encumbrance of any person 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.

PART 13

DANGEROUS OR UNSIGHTLY PREMISES

Application of Part to by-laws of local government

128( 1) 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).

128( 2) 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.

Non-application of Part

129 If a local government or part of a local government is not subject to a by-law made under paragraph 10(1)(d), this Part does not apply and the regulation made under paragraph 191(1)(ee) applies.

Definitions

130 The following definitions apply in the Part.

“dwelling” means a building, any part of which is used or is intended to be used for the purposes of human habitation. (habitation)

“dwelling unit” means one or more rooms located within a dwelling and used or intended to be used for human habitation. (logement)

Offences and penalties relating to dangerous or unsightly premises

131( 1) No person shall permit premises owned or occupied by him or her to be unsightly by permitting to remain on any part of the premises

(a) any ashes, junk, rubbish or refuse,

(b) an accumulation of wood shavings, paper, sawdust or other residue of production or construction,

(d) a dilapidated building.

131( 2) 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.

131( 3) 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.

131( 4) 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.

131( 5) 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.

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

(a) if the offence was committed in relation to a dwelling or dwelling unit by a person who is leasing the dwelling or dwelling unit to another person,

( i) the minimum fine that may be imposed is the sum of

( A) $1,000, and

( B) the minimum fine set by the Provincial Offences Procedure Act for a category F offence multiplied by the number of days during which the offence continues after the first day, and

( ii) the maximum fine that may be imposed is the maximum fine set by the Provincial Offences Procedure Act for a category F offence multiplied by the number of days during which the offence continues, and

(b) in any other case,

( i) the minimum fine that may be imposed is the minimum fine set by the Provincial Offences Procedure Act for a category F offence multiplied by the number of days during which the offence continues, and

Notice to owner or occupier

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

(a) the owner or occupier of the premises, building or other structure,

(b) the person managing or receiving the rent for the premises, building or other structure, whether on the person’s own account or as agent or trustee of any other person, or

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

(a) be in writing,

(b) be signed by the officer,

(d) state what must be done to correct the condition,

(e) state the date before which the condition must be corrected, and

(f) if an appeal may be brought under subsection 134(1), state the date for giving notice of the appeal.

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

(a) if the person to be notified is an individual,

( i) by personal delivery to the individual,

( ii) by registered mail to the individual’s latest known address, or

( iii) by posting the notice in a conspicuous place on the premises, building or other structure, and

(b) if the person to be notified is a corporation,

( i) by personal delivery to an officer, director or agent of the corporation or to a manager or person who appears to be in control of any office or other place of business in the Province where the corporation carries on business,

( ii) by registered mail to the corporation’s registered office, or

( iii) by posting the notice in a conspicuous place on the premises, building or other structure.

132( 4) 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.

132( 5) 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.

Evidence

133( 1) 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.

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

(a) admissible in evidence without proof of signature, and

(b) conclusive proof that the person named in the certificate received notice of the matters referred to in the certificate.

133( 3) 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.

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

(a) received in evidence by any court in the Province without proof of the signature,

(b) proof, in the absence of evidence to the contrary, of the facts stated in the notice, and

(c) in a prosecution for a violation of a by-law made under paragraph 10(1)(d), proof, in the absence of evidence to the contrary, that the person named in the notice is the owner or occupier of the premises, building or other structure in respect of which the notice was given.

Appeal

134( 1) 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.

134( 2) 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.

134( 3) 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.

134( 4) 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.

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

134( 6) 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.

134( 7) 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.

134( 8) 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 Queen’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

(a) the procedure required to be followed by this Act was not followed, or

(b) the decision is unreasonable.

134( 9) On an appeal, the judge of The Court of Queen’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.

134( 10) A notice that is confirmed or modified by a judge of The Court of Queen’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.

134( 11) 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.

Registering a notice

135( 1) 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.

135( 2) 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.

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

135( 4) 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 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.

135( 5) 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.

Offence and penalty for failure to comply with a notice

136( 1) 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.

136( 2) 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.

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

(a) if the offence was committed by a person in relation to a notice given under section 132 with respect to a dwelling or dwelling unit the person is leasing to another person,

( i) the minimum fine that may be imposed is the sum of

( A) $1,000, and

( B) the minimum fine set by the Provincial Offences Procedure Act for a category F offence multiplied by the number of days during which the offence continues after the first day, and

(b) in any other case,

136( 4) 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.

Power to clean, repair or demolish

137( 1) 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,

(a) cause the premises of that owner or occupier to be cleaned up or repaired if the notice arises out of a condition contrary to subsection 131(1),

(b) cause the building or other structure of that owner or occupier to be repaired or demolished if the notice arises out of a condition contrary to subsection 131(2), or

(c) cause the building or other structure of that owner or occupier to be demolished if the notice arises out of a condition contrary to subsection 131(3).

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

137( 3) 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.

137( 4) 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.

137( 5) 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.

Report required before demolition

138 A local government shall not proceed to act under paragraph 137(1)(c) unless it has a report from an architect, an engineer, a building inspector or the fire marshal that the building or structure is dilapidated or structurally unsound and that report is proof in the absence of evidence to the contrary that the building or structure is dilapidated or structurally unsound.

Emergency

139( 1) 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.

139( 2) 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.

139( 3) 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.

139( 4) 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.

139( 5) 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.

139( 6) 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.

Offence and penalty for obstruction

140( 1) 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.

140( 2) 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.

140( 3) 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.

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

(a) if the offence was committed by a person in relation to a dwelling or dwelling unit the person is leasing to another person,

( i) the minimum fine that may be imposed is the sum of

( A) $1,000, and

( B) the minimum fine set by the Provincial Offences Procedure Act for a category F offence multiplied by the number of days during which the offence continues after the first day, and

(b) in any other case,

Recovery of local government’s costs – filing of certificate

141( 1) 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.

141( 2) A certificate issued under subsection (1) may be filed in The Court of Queen’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.

141( 3) 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.

Lien

142( 1) 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).

142( 2) The lien in subsection (1)

(a) attaches when the work under subsection 137(1) begins or the measures under subsection 139(2) begin, as the case may be, and does not require registering or filing any document or giving notice to any person to create or preserve it, and

(b) is not defeated by a change in the ownership of the real property.

142( 3) 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

(a) may pay the amount of the lien,

(b) may add the amount to the person’s mortgage, judgment or other security, and

Debts paid by the Minister of Finance

143( 1) 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 is of the opinion that the local government has made reasonable efforts to recover the unpaid amount, the Minister of Finance 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) the unpaid amount of the debt; and

(b) interest on the unpaid amount of the debt

( i) calculated at the same rate that is applied in determining the amount of a penalty under subsection 10(3) of the Real Property Tax Act, and

( ii) accruing from the day the local government completes the work or measures in respect of which the debt arose to the day the local government makes a request under this subsection for payment in respect of the debt.

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

143( 3) 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 has made a payment under subsection (1) in respect of the debt,

(a) any part of the debt that remains unpaid by the person liable to pay the debt becomes a debt due to the Minister of Finance, and

(b) the Minister of Finance shall collect the following amounts from the owner of the premises, building or other structure in the same manner that taxes on real property are collected under the Real Property Tax Act:

( i) any part of the debt under subsection 137(3) or 139(4) that remains unpaid by the person liable to pay the debt; and

( ii) interest on the unpaid part of the debt

( A) calculated at the same rate as is applied in determining the amount of a penalty under subsection 10(3) of the Real Property Tax Act, and

( B) accruing from the day the local government completes the work or measures in respect of which the debt arose to the day the local government makes a request under subsection (1) for payment in respect of the debt.

143( 4) 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:

(a) section 7,

(b) section 10, except for subsection (2),

(d) section 12,

(e) sections 13 to 16, and

(f) sections 19 to 25.

143( 5) 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.

143( 6) 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.

PART 14

ENFORCEMENT

Inspections

144( 1) The following definitions apply in this section.

“dwelling” means a building, any part of which is used or is intended to be used for the purposes of human habitation. (habitation)

“dwelling unit” means one or more rooms located within a dwelling and used or intended to be used for human habitation. (logement)

144( 2) 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,

(a) enter the land, building or other structure at any reasonable time, and carry out the inspection,

(b) request that anything be produced to assist in the inspection,

(d) remove anything produced as a result of a request under paragraph (b) or discovered during the inspection for the purpose of making copies or taking extracts, and

(e) if the officer believes that a meter or other device that measures a product or service has been tampered with, carry out testing of the device.

144( 3) A by-law enforcement officer who removes a document or other thing from a place under subsection (2) shall first provide a receipt for it to the owner or occupant of the land, building or other structure and, subject to subsection (4), shall promptly return the document or other thing to the land, building or other structure after making the copies or taking the extracts, as the case may be.

144( 4) A by-law enforcement officer may detain for the purposes of evidence any document or other thing that the by-law enforcement officer discovers while acting under this section and believes, on reasonable and probable grounds, may afford evidence of a violation of or a failure to comply with a provision of a by-law, this Act or the regulations.

144( 5) Copies of or extracts from documents or things removed from land, a building or other structure under this Act and certified by the person making the copies or taking the extracts as being true copies of or extracts from the originals are admissible in evidence to the same extent as, and have the same evidentiary value as, the documents or things of which they are copies or from which they are extracts.

144( 6) Despite section (2), a by-law enforcement officer may only enter a dwelling or dwelling unit, at a reasonable time, for the purpose of making an inspection if the officer has obtained the consent of the occupant or an entry warrant under the Entry Warrants Act.

144( 7) A by-law enforcement officer shall display or produce on request identification showing that he or she is authorized to make the entry.

144( 8) When entering any dwelling, dwelling unit, land, building or other structure under this section, a by-law enforcement officer may be accompanied by a person who has special or expert knowledge in relation to the subject matter of the inspection.

144( 9) In an emergency, or in extraordinary circumstances, a by-law enforcement officer is not required to give reasonable notice or to enter at a reasonable hour and may do the things referred to in paragraphs (2)(a), (c), (d) or (e) without the consent of the owner or occupant.

144( 10) Before or after attempting to enter a dwelling, dwelling unit, land, building or other structure under this section, a by-law enforcement officer may apply for an entry warrant in accordance with the Entry Warrants Act.

144( 11) If an entry warrant has been obtained under the Entry Warrants Act, a person who is leasing a dwelling or dwelling unit to another person shall not refuse entry to or obstruct or interfere with a by-law enforcement officer referred to in subsection (2) who under the authority of that subsection is entering or attempting to enter the dwelling or dwelling unit to ensure compliance with a by-law.

Prohibitions and offences relating to inspections

145( 1) No person shall knowingly make a false or misleading statement, either orally or in writing, to a by-law enforcement officer while the officer is carrying out an inspection or attempting to carry out an inspection under this Part.

145( 2) No person shall obstruct or interfere with a by-law enforcement officer who is carrying out or attempting to carry out an inspection under this Part, or withhold, destroy, conceal, alter or refuse to produce any information or thing reasonably required by the officer for the purposes of the inspection.

145( 3) A refusal of consent to enter a dwelling or dwelling unit is not and shall not be considered to be interfering with or obstructing within the meaning of subsection (2), except if an entry warrant has been obtained.

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

145( 5) Despite subsection 56(6) of the Provincial Offences Procedure Act, if an offence under subsection (4) continues for more than one day,

(a) the minimum fine that may be imposed is the sum of

( i) $1,000, and

( ii) the minimum fine set by the Provincial Offences Procedure Act for a category F offence multiplied by the number of days during which the offence continues after the first day, and

(b) the maximum fine that may be imposed is the maximum fine set by the Provincial Offences Procedure Act for a category F offence multiplied by the number of days during which the offence continues.

Offences and penalties – Act and regulations

146( 1) Subject to subsection (2), a person who violates or fails to comply with a provision of this Act or the regulations, in respect of which no category has been prescribed under this Act, commits an offence punishable under Part 2 of the Provincial Offences Procedure Act as a category D offence.

146( 2) In the case of an offence under subsection (1) that continues for more than one day

(a) the minimum fine that may be imposed is the minimum fine set by the Provincial Offences Procedure Act for a category D offence multiplied by the number of days during which the offence continues, and

(b) the maximum fine that may be imposed is the maximum fine set by the Provincial Offences Procedure Act for a category D offence multiplied by the number of days during which the offence continues.

Power of local governments to create offences – by-laws

147 A local government may, by by-law, provide that a person who violates or fails to comply with any provision of a by-law commits an offence.

Power of local governments to establish fines

148( 1) A local government may establish a system of fines for offences under by-laws made under the authority of this Act.

148( 2) The system of fines referred to in subsection (1) may

(a) provide for the minimum fines that may be imposed for an offence,

(b) provide for the maximum fines that may be imposed for an offence which shall not exceed the maximum fine that may be imposed for commission of an offence punishable under Part 2 of the Provincial Offences Procedure Act as a category D offence,

( i) offences committed by individuals, and

( ii) offences committed by corporations, and

(d) provide that if an offence continues for more than one day,

( i) the minimum fine that may be imposed is the minimum fine established for that offence under paragraph (a), multiplied by the number of days during which the offence continues, and

( ii) the maximum fine that may be imposed is the maximum fine established for that offence under paragraph (b), multiplied by the number of days during which the offence continues.

Offences and penalties – specific cases

149( 1) A local government may, by by-law,

(a) provide that if a person is convicted of doing anything without a licence for or in respect of which a licence is required by a by-law, a judge of the Provincial Court may, unless the person has paid the fee for the licence, order payment of the fee for the licence in addition to the fine,

(b) provide that if a person is convicted of a violation of a by-law relating to the licensing, operation or parking of bicycles, a judge of the Provincial Court may, in addition to or instead of imposing a fine, order that the bicycle in respect of which the offence was committed be impounded for not more than 30 days.

149( 2) If a judge of the Provincial Court orders payment of a licence fee in addition to a fine under paragraph (1)(a), the licence fee shall be deemed to form part of the fine.

149( 3) If a local government makes a by-law under paragraph 10(1)(e) relating to maintenance and occupancy standards for buildings and premises, the by-law shall

(a) despite subsection 148(2), provide that a person who violates or fails to comply with the by-law commits an offence punishable under Part 2 of the Provincial Offences Procedure Act as a category F offence,

(b) despite subsection 56(6) of the Provincial Offences Procedure Act, provide that the minimum fine that may be imposed by a judge under that Act in respect of an offence under paragraph (a) shall be $1,000,

( i) the minimum fine that may be imposed is the sum of

( A) $1,000, and

( B) the minimum fine set by the Provincial Offences Procedure Act for a category F offence multiplied by the number of days during which the offence continues after the first day, and

149( 4) If a local government makes a by-law under paragraph 10(1)(k) relating to animal control activities, the by-law shall

(a) provide that if a person is convicted of a violation of a by-law relating to animals, a judge of the Provincial Court may, in addition to or instead of imposing a fine, order that the animal in respect of which the offence was committed be disposed of or destroyed, and

(b) provide that if a complaint has been made to a judge of the Provincial Court alleging that an animal has bitten or attempted to bite a person, the judge may summon the owner of the animal to appear and show cause why the animal should not be destroyed and may, if from the evidence produced it appears that the animal has bitten a person, make an order directing

( i) that the animal be destroyed, or

( ii) that the owner or keeper of the animal keep the animal under control.

Proceedings and conviction

150( 1) Proceedings for an offence under a by-law shall be commenced in the name of the clerk of the local government or any other person who is designated for that purpose by the council.

150( 2) Conviction of a person for an offence under a by-law does not relieve the person from compliance with the by-law and a judge of the Provincial Court may, in addition to the fine imposed, order him or her to do any act or thing necessary to comply with the by-law or to remedy the violation, within a specified time.

150( 3) A person who fails to comply with an order under subsection (2) within the specified time commits an offence punishable under Part 2 of the Provincial Offences Procedure Act as a category F offence.

150( 4) A person who is convicted of an offence under a by-law may appeal the conviction to The Court of Queen’s Bench of New Brunswick.

Demand issued by by-law enforcement officer

151( 1) If, in the opinion of a by-law enforcement officer, a person is in contravention of a by-law, this Act or the regulations or any other Act that the local government is authorized to enforce, the by-law enforcement officer may issue a written demand requiring the person to remedy the contravention.

151( 2) A by-law enforcement officer may do any of the following in a demand:

(a) direct a person to stop doing something, or to change the way in which the person is doing it;

(b) direct a person to take any action or measure necessary to remedy the contravention of the Act or by-law, including the removal or demolition of a structure that has been erected or placed in contravention of a by-law and, if necessary, to prevent a reoccurrence of the contravention;

(d) state that if the person does not comply with the demand within a specified time, the local government will take the action or measure at the expense of the person.

151( 3) A person who is served a demand from a by-law enforcement officer in accordance with section 152 shall comply with the demand within the time stated in the demand.

Service of a demand of a by-law enforcement officer

152( 1) Service of a demand under section 151 may be made by personal delivery to the person having control of the property or sent by registered mail to the person at his or her latest known address.

152( 2) Proof of the service of a demand in either manner provided for in subsection (1) may be given by a certificate purporting to be signed by the by-law enforcement officer, naming the person on whom the demand was made and specifying the time, place and manner of service of the demand.

152( 3) A document purporting to be a certificate of the by-law enforcement officer made under subsection (2) shall

(a) be admissible in evidence without proof of the signature, and

(b) be conclusive proof that the demand was served on the person named in the certificate.

Court orders

153( 1) A local government may make an application to The Court of Queen’s Bench of New Brunswick for any of the orders described in subsection (2) if a person

(a) contravenes or fails to comply with any provision of this Act, the regulations or a by-law under this Act,

(b) contravenes or fails to comply with any terms or conditions to which a licence issued in accordance with a by-law under this Act is subject, or

153( 2) In a proceeding under this section, the judge may make

(a) an order restraining the continuance or repetition of the contravention, failure to comply or obstruction, or

(b) any other order that is required to enforce a provision in respect of which the action was instituted and as to costs and the recovery of any expense incurred that the judge considers appropriate.

Evidence – resolutions, by-laws and other documents

154( 1) A copy of a resolution of a council or of a by-law certified by the clerk to have been compared with the original and to be a true copy is evidence in all courts of the passage and existence of the resolution or by-law, without proof of the official character or handwriting of the clerk.

154( 2) When a certified copy of a resolution or by-law states the date on which the resolution was adopted or the by-law made, it is evidence of the date of adoption or of making, as the case may be.

154( 3) When a copy of a by-law certified in the manner prescribed by this section is filed with a judge of the Provincial Court, it is for the purpose of all proceedings before the judge a public record of which judicial notice is to be taken.

154( 4) When a judge of the Provincial Court takes judicial notice of a by-law under subsection (3) and the proceedings in which the notice is taken are the subject of an appeal or review of any kind, the judge shall include a copy of the by-law in any record transmitted by the judge to the court or judge before whom the appeal or review is pending.

154( 5) A copy of a minute, record, map, plan, document or writing or of any part of it filed or deposited in the office of a clerk, certified by the clerk as the person having charge of the original to have been compared with the original and to be a true copy, is evidence in all courts of the minute, record, map, plan, document or writing, without proof of the official character or handwriting of the clerk.

Evidence – other

155( 1) Proof that a person is the registered owner of a motor vehicle that has been operated or parked in violation of a by-law is evidence that the person operated or parked the vehicle at the time of the violation unless the contrary is proved.

155( 2) Section 361 of the Motor Vehicle Act applies with the necessary modifications in respect of a motor vehicle operated or parked or alleged to have been operated or parked in violation of a by-law.

155( 3) In a prosecution for a violation of a by-law relating to the licensing of persons, a certificate purporting to be signed by a clerk stating that a person was not on a specified day the holder of a licence under the by-law is, without proof of the official character or handwriting of the clerk, sufficient evidence of the facts so stated, unless the contrary is proved.

155( 4) When reference is made to a person by name in a certificate used for the purposes of subsection (3) and in a prosecution reference is made to the accused by the same name, the references in the certificate and the prosecution are references to the same person, unless the contrary is proved.

155( 5) If, in a prosecution under a by-law relating to the licensing of persons carrying on or engaged in business, it is alleged that the person proceeded against carried on or engaged in the business without first having obtained a licence, proof of one transaction in the business is sufficient to establish that the person proceeded against carried on or engaged in the business.

Imposition of administrative penalties

156( 1) A local government may, in accordance with this Act, require administrative penalties to be paid in respect of a contravention of a provision of a by-law of the local government except for a contravention of a provision relating to

(a) speeding,

(b) firearms,

(d) standards for maintenance and occupancy of buildings and premises.

156( 2) A local government may only require the payment of an administrative penalty if it has made a by-law that

(a) subject to subsection (1), designates the by-law contraventions that may be dealt with by a notice of penalty,

(b) prescribes the amount of the administrative penalty for each contravention,

( i) which shall not exceed $1,500,

( ii) which may differ between individuals and corporations, and

156( 3) A local government that has made a by-law under subsection (2) may also make a by-law that

(a) provides for an early payment discount for an administrative penalty, and

(b) provides for any other thing authorized by regulation.

Penalty notice

157( 1) A by-law enforcement officer may complete and issue a penalty notice to a person against whom a designated by-law contravention is alleged.

157( 2) A penalty notice shall be in the form prescribed by regulation and shall include the following information:

(a) a description of the alleged by-law contravention in sufficient detail so that the person who receives the notice would be able to identify the by-law and the contravention alleged;

(b) the amount of the administrative penalty, the amount of any early payment discount and the consequences for failing to respond to the penalty notice;

(d) any other information prescribed by regulation.

157( 3) A penalty notice shall be issued to a named person unless it is issued for a by-law contravention relating to the parking of a vehicle, in which case the notice shall set out the vehicle’s licence plate number.

157( 4) A penalty notice is not invalid by reason only that it is not signed by the by-law enforcement officer who issued it.

157( 5) When a penalty notice relating to the parking of a vehicle is delivered in accordance with section 158, the owner of the vehicle as indicated in the records of the Registrar of Motor Vehicles is liable to pay the administrative penalty set out in the notice.

157( 6) A penalty notice shall not be issued more than six months after the designated by-law contravention for which it was issued was alleged to have occurred.

Delivery of penalty notice

158( 1) A penalty notice may be delivered

(a) by personal delivery,

(b) if the penalty notice is in respect of the parking of a vehicle, by leaving the penalty notice on the vehicle,

( i) if the penalty notice is for a contravention involving a vehicle, to the address of the owner of the vehicle as indicated in the records of the Registrar of Motor Vehicles,

( ii) to the latest known address of the person named in the penalty notice, which may be an address indicated in the records of the Registrar of Motor Vehicles, or

( iii) if the person named in the penalty notice is a corporation, to the corporation’s registered office, or

(d) in any other manner prescribed by regulation.

158( 2) A penalty notice that is left on a vehicle under paragraph (1)(b) shall be deemed to have been delivered to the owner of the vehicle on the day it was left on the vehicle.

158( 3) A penalty notice that is mailed under paragraph (1)(c) shall be deemed to have been delivered to the person to whom it is addressed seven days after the day it was mailed.

158( 4) A penalty notice that is delivered under paragraph (1)(d) shall be deemed to have been delivered at the time prescribed by regulation.

Receipt of penalty notice and payment

159( 1) A person to whom a penalty notice is delivered may pay the administrative penalty within the period set by by-law and in accordance with the instructions in the notice.

159( 2) A local government may accept from a person referred to in subsection (1) the payment of an amount equal to the administrative penalty for the contravention or the reduced administrative penalty amount, in the case of an early payment discount.

159( 3) On receiving a payment under subsection (2), the local government shall deliver a receipt to the payer showing the name of the person alleged to have committed the contravention, the amount paid, the date of payment and the contravention in respect of which the payment is made.

159( 4) A person referred to in subsection (1) who pays the administrative penalty shall be deemed to have contravened the provision of the by-law of the local government in respect of which the payment was made and shall not be charged with an offence in respect of the same incident that gave rise to the administrative penalty.

159( 5) If a person referred to in subsection (1) does not pay the administrative penalty within the period set by by-law, the person may be charged with an offence under a by-law in respect of the same incident that gave rise to the administrative penalty.

Administrative penalty and offence

160 Subject to subsection 159(5), a person charged with an offence under a by-law is not liable to an administrative penalty in respect of the same incident that gave rise to the charge.

PART 15

LOCAL SERVICE DISTRICTS

Services required to be provided in all local service districts

161( 1) The Minister shall provide the following services in each local service district:

(a) animal control services;

(b) dangerous or unsightly premises enforcement services;

(d) fire protection services;

(e) land use planning services;

(f) rescue services;

(g) police protection services; and

(h) solid waste collection and disposal services.

161( 2) The Minister shall provide the services set out in subsection (1) without making an order under section 162.

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

161( 4) The Minister shall raise the money required for the provision of the services set out in subsection (1) in accordance with section 172.

161( 5) For the purposes of subsection (4), the provision of land use planning services includes the enforcement of zoning regulations, rural plan regulations and rural plan by-laws made or adopted under the Community Planning Act.

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

161( 7) Dangerous or unsightly premises enforcement services shall be provided in accordance with regulations made under paragraph 191(1)(ee).

161( 8) The provision of emergency measures services is subject to the Emergency Measures Act.

161( 9) The provision of land use planning services is subject to the Community Planning Act and the Regional Service Delivery Act.

161( 10) The provision of solid waste collection and disposal services is subject to

(a) the Regional Service Delivery Act,

(b) any requirements in a regulation made under paragraph 191(1)(aa), and

161( 11) The Regulations Act does not apply to an order made under subsection (3).

Prescribing services or discontinuing services

162( 1) In this section, “service” includes a facility used as a recreational facility or a community services facility, whether the facility is located within a local service district or not, and does not include a service set out in paragraphs 161(1)(a) to (h).

162( 2) Twenty-five or more residents of a local service district who are qualified to vote under the Elections Act may petition the Minister for the provision of a service or for the discontinuance of a service in that local service district.

162( 3) A local service district advisory committee elected under section 169 may make a recommendation to the Minister that he or she provide a service or discontinue a service in that local service district.

162( 4) If the Minister receives a petition under subsection (2) relating to a local service district that does not have an advisory committee, the Minister shall, in accordance with the regulations, call a meeting as soon as the circumstances permit after receiving the petition, of all the residents in the local service district who are most affected by the proposal and who are qualified to vote under the Elections Act and hold a vote on the proposed service change.

162( 5) After being petitioned under subsection (2) or after receiving a recommendation under subsection (3) the Minister may, by order, prescribe that a service be provided in a local service district or in any area within a local service district or that a service be discontinued in a local service district or in any area within a local service district and, in determining whether to make the order, the Minister shall consider

(a) whether the service contributes to the peace, order and good government of the local service district and promotes the health, safety and welfare of its residents,

(b) if the local service district has an advisory committee, the committee’s recommendation about prescribing or discontinuing the service, as the case may be, and

(c) if the local service district does not have an advisory committee, the results of the vote held at a meeting called under subsection (4).

162( 6) The Minister shall raise the money required for the provision of a service under this section in accordance with section 172.

162( 7) If the Minister discontinues a service in an order made under subsection (5), all liabilities associated with the establishment of that service continue until discharged.

162( 8) Despite subsections (4) and (5), the Minister may, without making an order, provide a service in a local service district or in any area within a local service district if that service is being provided by or through a regional service commission established under the Regional Service Delivery Act.

162( 9) The Regulations Act does not apply to an order made under subsection (5).

162( 10) The date for determining whether the elector qualifications under the Elections Act are met shall be the date of the making of the petition or the calling of the meeting, as the case may be.

Agreements with respect to the provision of services

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

Operation of water or wastewater systems

164( 1) In this section “commission” means a water or wastewater commission established under section 15.2 of the Clean Environment Act.

164( 2) With the approval of the Lieutenant-Governor in Council, the Minister may enter into an agreement with respect to the acquisition, establishment, operation, alteration, extension or alienation of a water or wastewater system.

164( 3) Subsection (2) does not apply if a commission acquires or operates a water or wastewater system in a local service district under section 15.2 of the Clean Environment Act.

164( 4) If a water or wastewater system has been acquired by the Minister under subsection (2), or by a commission under section 15.2 of the Clean Environment Act, the Minister or the commission, as the case may be, shall operate the system on a user-charge basis and may, if both systems have been acquired, establish separate or joint rates.

164( 5) The Minister or commission may establish, with respect to a user charge under subsection (4), one or more classes of users depending on prior payments by the users in relation to the cost of the work and the user charge may vary within each class.

164( 6) The Minister or commission may recover the cost of the work, or any portion of it, on a user-charge basis under this section and the user charge may be established on an amortized or any other basis that the Minister or commission considers appropriate.

164( 7) When operating a water or wastewater system under this section, the Minister or commission shall charge the users of the system in order to produce an annually balanced budget.

164( 8) If in the operation of a system under this section, the Minister or commission has a deficit at the end of the budget period referred to in subsection (7),

(a) the deficit shall be debited against the budget for the operation of the system for the second year following that year, or

(b) the deficit shall be spread over a four-year period commencing with the second year following that year.

164( 9) If, in the operation of a system under this section, the Minister or commission has a surplus at the end of the budget period referred to in subsection (7),

(a) the surplus shall be credited to the budget for the operation of the system for the second year following that fiscal year, or

(b) the surplus shall be spread over a four-year period commencing with the second year following that fiscal year.

164( 10) The Minister or a commission may provide for the following respecting user charges:

(a) the collection and recovery of user charges,

(b) discounts on user charges,

(d) the imposition of penalties for non-payment, and

(e) the proceedings to be taken in default of payment.

164( 11) All user charges payable for the operation of water or wastewater systems connected to any land within the local service district 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, 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 Minister or commission or by want of registration.

164( 12) The special lien and charge referred to in subsection (11) does not apply to land that is subject to a valid and subsisting lease in effect before April 2, 1968.

164( 13) The Minister or a commission may

(a) compel the owner of a building standing on land by which the service line runs to connect up with the water or wastewater system, or

(b) make a charge to the owner of the land where the connection is not made with the water or wastewater system.

164( 14) In determining the charge to be made in subsection (13), the Minister or commission shall make the assessment as near as possible to what the user charge would be if the connection had been made.

164( 15) A user charge levied under this section is a debt due to the Crown in right of the Province or a commission, as the case may be.

User charge calculated by frontage assessment

165 If a user charge under subsection 164(4) is a rate or charge based on the frontage of the property in respect of which the service is provided, the calculation of the frontage shall be determined as follows:

(a) unless otherwise provided under the Act, each affected property shall be assessed according to its actual metre frontage;

(b) in the case of corner lots and triangular or irregularly shaped lots located at the junction or intersection of streets, a reduction shall be made in the special frontage assessment that otherwise would be chargeable, having regard to the situation, value and superficial area of the lots compared with other lots, sufficient to adjust the assessment on a fair and equitable basis;

(c) if a lot is for any reason wholly or partly unfit for building purposes, a reduction shall be made in the special frontage assessment which would otherwise be chargeable, sufficient to adjust its assessment compared with lots fit for building purposes on a fair and equitable basis;

(d) if a lot, other than a corner lot, has two limits that abut on works and the size or nature of the lot is such that any or all the works are not required, a reduction in respect of the works that are not required, so long as they are not required, shall also be made in the special assessment that would otherwise be chargeable, sufficient to adjust its assessment on a fair and equitable basis; and

(e) the reduction shall be made by deducting from the total frontage of the lot liable to special frontage assessment an amount sufficient to make the proper reduction, but the whole of the lot shall be charged with the special frontage assessment so reduced.

Definition of “cost of the work”

166 For the purposes of subsection 164(5), “cost of the work” includes

(a) the actual cost of construction,

(b) the cost of engineering and surveying,

(c) the compensation for lands taken for the purpose of the work or injuriously affected by it and the expenses incurred by the Minister in connection with determining the compensation,

(d) the estimated cost of the issue and sale of debentures and any discount allowed the purchasers of them, and

(e) the interest on all borrowings in connection with the work and any expenses incidental to the entering on, carrying out and completing the work and raising the money to pay the cost of the work.

Annexation or amalgamation of contiguous local service districts

167( 1) Twenty-five or more residents of a local service district who are qualified to vote under the Elections Act may petition the Minister

(a) for the annexation of a local service district or a portion of a local service district contiguous to another local service district,

(b) for the amalgamation of two or more local service districts, or

167( 2) If the Minister receives a petition under subsection (1), or if the Minister is of the opinion that a meeting of the residents of a local service district should be called to discuss any of the matters referred to in subsection (1), the Minister shall, in accordance with the regulations, call a meeting of the residents who are most affected by the proposal and who are qualified to vote under the Elections Act and hold a vote on the proposal.

167( 3) If at least 50 people or 30% of the people who are eligible to attend a meeting under subsection (2), whichever is the lesser, attend the meeting and a majority votes in favour of the matter proposed, the Lieutenant-Governor in Council may, on the recommendation of the Minister, effect the annexation, amalgamation or change in territorial limits and, by regulation, define its territorial limits.

167( 4) If the conditions set out in subsection (3) are not met, the Minister may adjourn the meeting until a specified date.

167( 5) If the Minister receives a petition under subsection (1) and a meeting is called under subsection (2), the Minister shall not receive another petition dealing with the same matter in the local service district for a period of one year after the date of the original petition under subsection (1).

167( 6) Despite subsection (1), if more than one local service district or portion of a local service district are to be annexed to a local service district and those areas constitute a group, the areas may be annexed to the local service district if

(a) the areas considered as a group are contiguous to each other, and

(b) at least one area of the group is contiguous to the local service district.

167( 7) An area referred to in subsection (6) shall be deemed an area contiguous to a local service district.

167( 8) If a change is made in the territorial limits of a local service district under this section, a service that is provided at the time the territorial limits are changed shall continue to be provided unless the service is discontinued under section 162.

167( 9) The date for determining whether the elector qualifications under the Elections Act are met shall be the date of the making of the petition or the calling of the meeting, as the case may be.

Changing the name of a local service district

168( 1) Twenty-five or more residents of a local service district who are qualified to vote under the Elections Act may petition the Minister to change the name of the local service district.

168( 2) A local service district advisory committee elected under section 169 may make a recommendation to the Minister to change the name of the local service district.

168( 3) If the Minister receives a petition under subsection (1) relating to a local service district that does not have an advisory committee, the Minister shall, in accordance with the regulations, call a meeting as soon as the circumstances permit after receiving the petition, of all the residents in the local service district who are qualified to vote under the Elections Act and hold a vote on the proposed name change.

168( 4) On the recommendation of the Minister, the Lieutenant-Governor in Council may, by regulation, change the name of the local service district.

168( 5) The date for determining whether the elector qualifications under the Elections Act are met shall be the date of the making of the petition or the calling of the meeting, as the case may be.

Elections of local service district advisory committees

169( 1) A local service district advisory committee elected under this section shall advise the Minister on the administration of the local service district for which it was elected.

169( 2) If 25 or more residents of a local service district who are qualified to vote under the Elections Act petition the Minister to call a meeting for the election of an advisory committee for the local service district, or if the Minister is of the opinion that a meeting for the election of an advisory committee for a local service district ought to be called, the Minister shall, in accordance with the regulations, call a meeting of all the residents in the local service district who are qualified to vote under the Elections Act.

169( 3) If, at a meeting called under subsection (2), a majority of those in attendance decide in favour of the election of an advisory committee, an election of an advisory committee of not fewer than three members and not more than five members shall be held at that meeting in the manner prescribed by regulation.

169( 4) A local service district advisory committee shall be called the “Advisory Committee of the Local Service District of (the name of the local service district for which it was elected shall be inserted here)”.

169( 5) A meeting called under subsection (2) may be combined with a meeting called under subsection 162(4) or 168(3).

169( 6) The date for determining whether the elector qualifications under the Elections Act are met shall be the date of the making of the petition or the calling of the meeting, as the case may be.

Term of office and election schedule for advisory committees

170( 1) In the case of an election of a first advisory committee for a local service district, the Minister may call a meeting under subsection 169(2) at any time.

170( 2) In the case of the election of an advisory committee in a local service district that has an existing advisory committee, the Minister shall call a meeting under subsection 169(2) between January 1 and May 31, inclusive, in the year that a general election is held.

170( 3) A member of an advisory committee shall hold office,

(a) in the case of a member of a committee referred to in subsection (1), from the date the member is elected until May 31

( i) in the year of the next general election, inclusive, or

( ii) in the year of the general election following the next general election, inclusive, if the member is elected in the 12-month period before a general election is held, and

(b) in the case of a member of a committee referred to in subsection (2), from June 1 in the year of the member’s election until May 31 in the year of the next general election, inclusive.

Filling vacancies on a local service district advisory committee

171( 1) If, for any reason, an advisory committee for a local service district ceases to have at least three members, the remaining members shall notify the Minister and the Minister shall, in accordance with the regulations, call a meeting of all the residents in the local service district who are qualified to vote under the Elections Act.

171( 2) At a meeting called under subsection (1), an election shall be held in the manner prescribed by regulation to elect the number of new members to the advisory committee that will result in the advisory committee having not fewer than three members and not more than five members.

171( 3) Despite subsection 170(3), if an election is held under subsection (2) to replace a member of an advisory committee with one year or less remaining in his or her term of office, the person elected shall hold office for the time remaining in the original member’s term of office in addition to the elected persons’s term of office.

171( 4) If the Minister has not been notified under subsection (1) within six months after an advisory committee for a local service district has ceased to have at least three members, the advisory committee is dissolved.

171( 5) If a person resigns as a member of an advisory committee, he or she is not eligible to be elected as a member of the advisory committee in the next election held under subsection (2) or 169(3).

Financing of services in a local service district

172( 1) Subject to subsection (3), the Minister shall raise the money required for the provision of any service in a local service district under this Part, including the costs of administration attributable to the service, by taxation within the local service district in accordance with the Real Property Tax Act.

172( 2) If the cost of services provided in different areas of a local service district, including the costs of administration attributable to those services, varies to a degree that, in the opinion of the Minister, warrants an adjustment of the rates fixed under paragraph 173(1)(d), the Minister may fix different rates for different areas, or portions of areas, accordingly.

172( 3) The Minister may raise money for the provision of a service in a local service district under this Part, including the costs of administration attributable to the service, in whole or in part, on a user-charge basis.

172( 4) If the cost of providing a service, including the costs of administration attributable to the service, in different areas of a local service district 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.

172( 5) 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.

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

Estimate of money required for provision of services and tax rate

173( 1) Each year the Minister shall

(a) prepare an estimate of the money required for the provision of services, including the costs of administration attributable to those services, for a local service district,

(b) determine the amount of that estimate to be raised on the local service district tax base,

(d) fix the rate at which the amount referred to in paragraph (b) is to be raised.

173( 2) When preparing an estimate under paragraph (1)(a), the Minister shall include the amount charged to the Crown in right of the Province on behalf of the local service district under section 24 of the Service New Brunswick Act for the year for which the estimate is prepared.

Authorization for operating a retail business on the weekly day of rest

174( 1) In this section “weekly day of rest” means the weekly day of rest as defined in the Days of Rest Act.

174( 2) Twenty-five or more residents of a local service district who are qualified to vote under the Elections Act may petition the Minister to authorize the operation of retail businesses on the weekly day of rest in the local service district.

174( 3) A local service district advisory committee elected under section 169 may make a recommendation to the Minister that he or she authorize the operation of retail businesses on the weekly day of rest in the local service district.

174( 4) If the Minister receives a petition under subsection (2) relating to a local service district that does not have an advisory committee, the Minister shall, in accordance with the regulations, call a meeting as soon as the circumstances permit after receiving the petition, of all the residents in the local service district who are most affected by the proposal and who are qualified to vote under the Elections Act and hold a vote on the proposal.

174( 5) After being petitioned under subsection (2) or after receiving a recommendation under subsection (3), the Minister may issue a permit authorizing the operation of a retail business on the weekly day of rest in the local service district, subject to any conditions that the Minister considers appropriate and, in determining whether to issue the permit, the Minister shall consider,

(a) if the local service district has an advisory committee, the committee’s recommendation, and

(b) if the local service district does not have an advisory committee, the results of the vote held at a meeting called under subsection (4).

174( 6) The Minister may amend, suspend or revoke a permit issued under subsection (5) only after being petitioned under subsection (2) or after receiving a recommendation under subsection (3).

174( 7) If the Minister receives a petition under subsection (2) and a meeting is called under subsection (4), or if the Minister receives a recommendation under subsection (3), the Minister shall not receive another petition or recommendation dealing with the same matter in the local service district for a period of one year after the date of the original petition or recommendation.

174( 8) The date for determining whether the elector qualifications under the Elections Act are met shall be the date of the making of the petition or the calling of the meeting, as the case may be.

174( 9) A person who violates or fails to comply with a condition imposed under subsection (5) commits an offence punishable under Part 2 of the Provincial Offences Procedure Act as a category C offence.

Means of giving notice

175( 1) Any notice given under this Part shall be given by one or more of the following means:

(a) publishing the notice in a newspaper published or having general circulation in the local service district or in an area within the local service district, as the case may be;

(b) broadcasting the notice, on a radio or television station that broadcasts in the local service district or in an area within the local service district, as the case may be;

(c) distributing flyers containing the notice in the local service district or in an area within the local service district, as the case may be;

(d) posting the notice on the Department of Environment and Local Government’s website; or

(e) posting the notice in a conspicuous place in the local service district or in an area within the local service district, as the case may be.

175( 2) 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 appropriate office of the Department of Environment and Local Government during regular office hours.

175( 3) A notice given in a manner authorized by subsection (1) may also be posted on social media websites.

Court orders

176( 1) The Minister may make an application to The Court of Queen’s Bench of New Brunswick or a judge of the Court for any of the orders described in subsection (2) whether or not a penalty has been provided under this Act or imposed by any Court under this Act, if a person

(a) contravenes or fails to comply with any provision of this Act or the regulations, or

(b) obstructs a person in the exercise of a power or the performance of a duty under this Act.

176( 2) In a proceeding under this section, the judge may make

(a) an order restraining the continuance or repetition of the contravention, failure or obstruction, or

PART 16

IMMUNITY AND INDEMNITY

Immunity for liability in nuisance

177 A local government shall not be liable in an action in nuisance, if the damage is the result of

(a) water overflowing from a water or wastewater system, drain, ditch or watercourse due to excessive snow, ice, mud or rain, or

(b) the construction, operation or maintenance of a system or facility for the distribution of water or for the collection, conveyance, treatment or disposal of wastewater, storm water or both.

Immunity – fire protection services and rescue services

178 No action or other proceeding for damages shall be instituted against any of the following bodies or persons for any loss, injury or damage suffered by reason of anything in good faith done or omitted to be done in carrying out a public function by a member or former member of a fire department, brigade or association that provides fire protection services and rescue services within a local government or local service district, by reason of the member or former member acting as a member of the fire department, brigade or association:

(a) the Crown in right of the Province;

(b) the Minister;

(d) the fire department, brigade or association;

(e) a member or former member of the fire department, brigade or association; or

(f) the legal representatives or heirs of a person referred to in paragraph (e).

Indemnity – fire protection services in local service districts

179( 1) This section applies to the following bodies and persons:

(a) a local service district fire department, brigade or association that provides fire protection services or rescue services;

(b) a member or former member of a fire department, brigade or association referred to in paragraph (a);

179( 2) The Minister may indemnify a body or person referred to in subsection (1) 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 member or former member

(a) is made a party to the action or proceeding by reason of the actions of a member or former member as a member of the fire department, brigade or association or by reason of being or having been a member of the fire department, brigade or association, as the case may be,

(b) acted honestly and in good faith in carrying out a public function, and

(c) had, in the case of an administrative or criminal action or proceeding enforced by a monetary penalty, reasonable grounds for believing the conduct was lawful.

179( 3) A body or person referred to in subsection (2) is entitled to indemnity from the Minister in relation to all costs, charges and expenses reasonably incurred in connection with the defence of any civil, criminal or administrative action or proceeding referred to in subsection (2) to which that body or person is made a party if

(a) the body or person seeking indemnity was substantially successful on the merits in defence of the action or proceeding, and

(b) the member or former member in respect of whose actions the action or proceeding was brought fulfils the conditions set out in paragraphs (2)(b) and (c).

PART 17

MISCELLANEOUS AND GENERAL

Power of local government to bring an action

180 If a person defaults in doing any thing he or she has been lawfully ordered or directed by a local government to do, the local government may cause the thing to be done and recover the expense for doing it, with costs, together with any damages arising from the default, in an action against the person.

Notice requirement for action for damages for personal injury

181( 1) To bring an action against a local government for damages for personal injury resulting from the local government’s failure to reasonably maintain sidewalks or places owned or maintained by the local government, a person is required to notify the clerk of the local government in writing of the event that gives rise to the action within 90 days after the occurrence of the event.

181( 2) Failure to notify the local government within the time required by subsection (1) bars the action unless

(a) the claimant has a reasonable excuse for the lack of notice and the local government is not prejudiced by the lack of notice,

(b) the claim relates to the death of a person as the result of the event complained of,

(d) the local government waives the notice requirement.

181( 3) Despite subsection (1), the 90-day period referred to in subsection (1) begins when a claimant referred to in paragraph (2)(c) is capable of giving the notice.

Title to roads, streets and highways

182 A road, street or highway vested in a local government under the provisions of section 32 of the Highway Act

(a) is subject to any rights reserved by the person who dedicated the road, street or highway if a dedication was made, and

(b) is a public thoroughfare for the enjoyment and use of the public.

Power to remove obstructions

183( 1) In this section, “street” includes a public highway, street, lane, alley and square and any attached bridges.

183( 2) The Minister or persons designated by the Minister may remove or demolish any building, structure, obstruction or encroachment on a street without compensating the owner or the owner of any abutting lands.

183( 3) If any resistance or opposition is made by any person to a removal or demolition authorized under subsection (2), a judge of The Court of Queen’s Bench of New Brunswick, after notice to show cause given in the manner that the judge prescribes, may issue a warrant to the sheriff for the judicial district within which the street is situated, directing the sheriff to put down the resistance or opposition and to put the Minister or the persons designated by the Minister in possession.

183( 4) The sheriff shall make a return of the warrant under subsection (3) and of the manner in which it was executed to the clerk of The Court of Queen’s Bench of New Brunswick for the judicial district.

Power to expropriate

184( 1) Subject to subsection (2), for the purpose of carrying out any of its powers or providing any of its services, a local government may expropriate within the meaning of and in accordance with the Expropriation Act, whether the subject matter of the expropriation is inside or outside the territorial limits of the local government.

184( 2) A local government shall not expropriate if the subject matter of the expropriation is inside the territorial limits of another local government, and any such purported expropriation is invalid.

Operation of water or wastewater systems – specific case

185( 1) If a water or wastewater system or both have vested in the Minister under section 87 of the Community Planning Act, the Minister shall operate the system on a user-charge basis and may, if both systems have vested, establish separate or joint rates.

185( 2) Subsections 164(5) to (15) apply with the necessary modifications to the operation of a system under this section.

185( 3) Despite subsection (2), the owner of land within a subdivision on which there is no building connected with a water or wastewater system shall pay a charge to be determined by the Minister as near as possible to what the user charge would be if there were a building on the land connected with the system and, for purposes of this section, the charge shall be deemed to be a user charge.

185( 4) The Minister may

(a) convey a system described in subsection (1) to a local government, the boundaries of which are extended to include the subdivision, and

(b) otherwise transfer or alienate a system.

Fire protection by-laws and enforcement

186( 1) A local government may make by-laws for municipal purposes respecting preventing and extinguishing fires and protecting property from fire that, without limitation,

(a) provide for the appointment of fire prevention officers;

(b) authorize fire prevention officers to enforce the Fire Prevention Act and the regulations made under that Act;

(d) confer on fire prevention officers the same powers under the same conditions as are conferred on the fire marshal by sections 11, 12, 16 and 21 of the Fire Prevention Act.

186( 2) If a fire prevention officer makes an order under the authority of a by-law made under subsection (1),

(a) the order may be served in accordance with section 152 of this Act, or posted in a conspicuous place on the building or structure affected by the order; and

(b) all the provisions of the Fire Prevention Act with respect to an order made by the fire marshal under section 12, 16 or 21 of that Act, apply, with the necessary modifications, to the order.

186( 3) Despite paragraph 148(2)(b), a person who violates or fails to comply with a by-law made under subsection (1) or with an order of a fire prevention officer referred to in subsection (2) commits an offence punishable under Part 2 of the Provincial Offences Procedure Act as a category E offence.

186( 4) If a person is convicted of an offence under subsection (3), in addition to imposing a fine, a judge of the Provincial Court may, if applicable, order the person to comply with the order of the fire prevention officer.

186( 5) A person who fails to comply with an order under subsection (4) within the specified time commits an offence punishable under Part 2 of the Provincial Offences Procedure Act as a category F offence.

186( 6) If a building or other structure is pulled down or demolished under a by-law made under subsection (1), the local government is liable to compensate any person having an interest in the building or other structure pulled down or demolished for any damage suffered by that person as a result of that action.

Joint housing projects

187( 1) Despite subsection 6(2), a local government may enter into an agreement with the Crown in right of the Province respecting joint projects for the acquisition and development of land for housing purposes and for the construction of houses for sale or rent.

187( 2) Despite subsection 6(2), a local government may enter into an agreement with the Crown in right of Canada for the clearance, re-planning, rehabilitation and modernization of blighted or substandard areas.

Regulations relating to pensions

188( 1) The Lieutenant-Governor in Council may make regulations

(a) governing the establishment of a pension board which shall be responsible for administering and revising a uniform contributory pension plan for the permanent employees of local governments;

(b) governing the creation or continuation of the uniform contributory pension plan;

(d) governing the pension fund of the uniform contributory pension plan;

(e) governing participation in the uniform contributory pension plan;

(f) governing termination of the uniform contributory pension plan;

(g) governing the duties, powers and responsibilities of the pension board;

(h) governing membership on the pension board;

(i) governing the administration of the pension board; and

(j) governing the guidelines for the operation and revision of the uniform contributory pension plan by the pension board.

188( 2) Nothing in this section affects the continued operation of a pension or superannuation plan established by or in a local government under section 162 of the Municipalities Act, chapter M-22 of the Revised Statutes, 1973, under the Municipal Employees Pensions Act, chapter 151 of the Revised Statutes, 1952, or under any other Act.

188( 3) If a pension or superannuation plan referred to in subsection (2) was in force in a local government immediately before the commencement of this subsection the council may make a by-law adopting a pension or superannuation plan to replace the plan if the provisions in the new plan comply with the Pension Benefits Act and the benefits under the new plan are the same as or more advantageous than those under the old plan.

188( 4) A by-law referred to in subsection (3) may be made retroactive to any date.

188( 5) A council shall, within six months after the effective date of an amalgamation as set out in the regulation effecting the amalgamation, provide for a pension or superannuation plan for the permanent employees of the local government in accordance with subsection (6).

188( 6) A council shall

(a) make a by-law continuing and adopting one of the pension or superannuation plans of any of the former local governments established by or in a local government under section 162 of the Municipalities Act, chapter M-22 of the Revised Statutes, 1973, under the Municipal Employees Pensions Act, chapter 151 of the Revised Statutes, 1952, or under any other Act as the pension or superannuation plan of the local government if the provisions of the adopted plan comply with the Pensions Benefits Act and the benefits under the adopted plan are the same as or more advantageous than those under the pension or superannuation plans of any of the former local governments, or

(b) designate the uniform contributory pension plan as the new pension plan of the local government.

188( 7) If, in the opinion of the Lieutenant-Governor in Council, a council has not taken appropriate action under subsection (6) in relation to a pension or superannuation plan for the permanent employees of the local government within the six-month period prescribed under subsection (5), the Lieutenant-Governor in Council may act in place of the council under subsection (6) and may do by regulation anything that the council is authorized to do by by-law.

188( 8) A by-law referred to in subsection (6) or a regulation made by the Lieutenant-Governor in Council under subsection (7) may be made retroactive to the effective date of the amalgamation.

188( 9) If a pension or superannuation plan has been established by or in a local government under section 162 of the Municipalities Act, chapter M-22 of the Revised Statutes, 1973, under the Municipal Employees Pensions Act, chapter 151 of the Revised Statutes, 1952, or under any other Act, the Lieutenant-Governor in Council may authorize the Minister to enter into an agreement with the local government and any other person that the Minister considers to be necessary parties to provide for

(a) the transfer to the uniform contributory pension plan created under subsection (1) of all contributions and other assets of the pension or superannuation plan of the local government, and

(b) the payment under the uniform contributory pension plan created under subsection (1) to any persons entitled to benefits under the pension or superannuation plan of the local government, of benefits equal to or greater than the benefits to which those persons would have been entitled under the pension or superannuation plan of the local government.

188( 10) If a local government adopts a pension or superannuation plan under paragraph (6)(a) or the Lieutenant-Governor in Council acts under subsection (7), the Minister may, if applicable, order the discontinuance of contributions made in respect of any of the former local governments to the uniform contributory pension plan, and the discontinuance may be made retroactive to the date of the making of the by-law or the regulation, as the case may be.

Provisions respecting rural communities to be applied to regional municipalities

189 Except where otherwise provided, the provisions of an Act, other than this Act, or a regulation, rule, order, by-law, agreement, instrument or document respecting a rural community apply with the necessary modifications to a regional municipality.

Administration

190 The Minister is responsible for the administration of this Act and may designate one or more persons to act on the Minister’s behalf.

Regulations

191( 1) The Lieutenant-Governor in Council may make regulations

(a) prescribing circumstances in which an agreement, contract, instrument or other document to which a local government is a party does not need to satisfy the requirements of subsection 4(3);

(b) prescribing standards or codes respecting maintenance and occupancy of buildings and premises contained in a by-law made under paragraph 10(1)(e);

(c) approving standards or codes respecting maintenance and occupancy of buildings and premises to be adopted or incorporated by reference in a by-law made under paragraph 10(1)(e);

(d) prescribing standards or codes respecting blasting operations contained in a by-law made under paragraph 10(1)(f);

(e) approving standards or codes respecting blasting operations to be adopted or incorporated by reference in a by-law made under paragraph 10(1)(f);

(f) prescribing matters required to be included in a by-law of a local government referred to in paragraph 10(2)(a);

(g) prescribing any matters required to be included in a by-law of a local government establishing a code of conduct under paragraph 10(2)(b);

(h) governing the incorporation, amalgamation, annexation, decrease in territorial limits or dissolution of local governments including, without limitation,

( i) the required conditions and procedures,

( ii) the criteria required to be considered;

(i) defining the territorial limits of a local service district;

(j) amending or repealing a rural plan or any other regulation made under the Community Planning Act for the purposes of paragraph 34(a);

(k) making adjustments in respect of the territorial limits of an affected local service district for the purposes of paragraph 34(b);

(l) prescribing an oath of office for the purposes of paragraph 58(1)(a);

(m) prescribing an affirmation of office for the purposes of paragraph 58(1)(b);

(n) changing the name of a local government under subsection 60(4), 61(3) or 62(2);

(o) prescribing documents for the purposes of paragraph 75(1)(g);

(p) prescribing duties of an auditor of a local government;

(q) prescribing powers and duties of a by-law enforcement officer of a local government;

(r) prescribing information respecting bonds to be included in an annual report of an auditor of a local government;

(s) prescribing bodies for the purpose of the definition “local board” in subsection 87(1);

(t) prescribing a statement of conflict of interest form;

(u) setting the date for a local government to submit an estimate under subsection 99(2) or a revised estimate under subsection 99(6);

(v) governing the establishment and management of and contributions to an operating reserve fund and a capital reserve fund of a local government under section 101;

(w) setting the time for submitting annual reports under subsection 105(1) or (2);

(x) prescribing information for the purposes of subsection 105(1) or (2);

(y) prescribing the services provided by the Minister to a rural community or to a regional municipality;

(z) governing the provision of animal control services in a rural community or regional municipality that has not made a by-law authorizing that service under section 10 and in a local service district, including, without limitation,

( i) animal control,

( ii) the keeping of animals, including prohibiting the keeping of animals at large,

( iii) the protection of persons and property from animals,

( iv) the licensing of animals, including prohibiting persons from keeping animals without obtaining a licence,

( v) disturbances by animals, including prohibiting persons from allowing animals to create disturbances,

( vi) defining fierce or dangerous animals, including defining them by breed, cross-breed or partial breed,

( vii) prohibiting or regulating the keeping of fierce or dangerous animals,

( viii) requiring that animals be vaccinated against rabies, including

( A) prescribing

( I) a schedule for the vaccinations,

( II) a schedule for the assessment of the effectiveness of a previous vaccination, or

( III) a combination of the schedules set out in subclauses (I) and (II),

( B) prescribing requirements for proof of vaccinations or requirements for the assessment of the effectiveness of a previous vaccination,

( ix) the seizure of animals on private or public property and their return, sale or destruction,

( x) providing that if a complaint has been made to a judge of the Provincial Court alleging that an animal has bitten or attempted to bite a person, the judge may summon the owner of the animal to appear and show cause why the animal should not be destroyed and the judge may, if from the evidence produced it appears that the animal has bitten a person, make an order directing

( A) that the animal be destroyed, or

( B) that the owner or keeper of the animal keep the animal under control,

( xi) prescribing persons or organizations to whom the Minister may delegate a power, authority, right, duty or responsibility, including persons or organizations that are external to government,

( xii) when a person who is responsible for animal control is exercising a power or performing a duty under the regulation,

( A) imposing a requirement to assist the person,

( B) prohibiting persons from obstructing or hindering the person,

( C) prohibiting persons from knowingly making false or misleading statements to the person;

(aa) governing the provision of solid waste collection and disposal services in a rural community or regional municipality that has not made a by-law authorizing those services under section 10 and in a local service district, including without limitation,

( i) prescribing solid waste that will be collected and that will not be collected,

( ii) prohibiting the disposal of certain solid waste,

( iii) prescribing the terms and conditions of collection and any restrictions on collection, and

( iv) restricting solid waste collection and disposal to certain classes of real property;

(bb) governing the establishment and management of and contributions to an operating reserve fund and a capital reserve fund for a generation facility under section 115;

(cc) governing the establishment and management of and contributions to an operating reserve fund and a capital reserve fund for a service or utility under subsection 117(7);

(dd) providing for the calculation of the portion of water costs relating to fire protection services that a local government may charge against the general operating fund;

(ee) governing the regulation of dangerous or unsightly premises and property in areas that are not subject to Part 13 of this Act, including

( i) prohibiting specified materials from remaining on a property or premises,

( ii) prohibiting a building or structure from becoming a hazard to the safety of the public,

( iii) governing notices to owners or occupiers of properties that have become a hazard or on which prohibited materials remain, including any requirements for the issuance, contents and service of the notices,

( iv) governing requirements for proof of service of a notice referred to in subparagraph (iii),

( v) governing the burden of proof in a prosecution if proof of service of a notice is provided in accordance with the requirements referred to in subparagraph (iv),

( vi) governing the admissibility in evidence by a court of a notice referred to in subparagraph (iii),

( vii) providing the Minister with the power to clean, repair or demolish a premises that is subject to a notice referred to in subparagraph (iii),

( viii) providing the Minister with the power to charge an owner or occupier for the costs of carrying out any actions referred to in subparagraph (vii),

( ix) requiring a report to be received before a premises may be demolished under subparagraph (vii) and prescribing the persons who are qualified to prepare the report,

( x) governing the procedure for filing a certificate of the costs referred to in subparagraph (viii) with The Court of Queen’s Bench of New Brunswick,

( xi) establishing a lien for unpaid costs referred to in subparagraph (viii),

( xii) providing for the appointment of inspectors for the enforcement of provisions of the regulation,

( xiii) providing for the powers and duties of inspectors referred to in subparagraph (xii), including the power to enter an area, place or premises, other than a private dwelling, for the purposes of inspections for the purposes of the regulation,

( xiv) when an inspector is exercising a power or performing a duty under the regulation,

( A) imposing a requirement to assist the inspector,

( B) prohibiting persons from obstructing or hindering the inspector,

( C) prohibiting persons from knowingly making false or misleading statements to the inspector,

( xv) with respect to offences under the regulation, prescribing the penalty that may be imposed, including prescribing categories of offences for the purposes of Part 2 of the Provincial Offences Procedure Act,

( xvi) prescribing persons or organizations to whom the Minister may delegate a power, authority, right, duty or responsibility, including persons or organizations that are external to government;

(ff) prescribing the form of notice referred to in subsection 132(1);

(gg) prescribing a certificate referred to in subsection 135(4);

(hh) authorizing other matters for the purposes of paragraph 156(3)(b);

(ii) prescribing a penalty notice form referred to in subsection 157(2);

(jj) prescribing information for the purposes of paragraph 157(2)(d);

(kk) prescribing manners of delivery for the purpose of paragraph 158(1)(d);

(ll) prescribing a deemed time of delivery for a notice delivered under paragraph 158(1)(d);

(mm) governing noise control in a local service district, including, without limitation, regulating or prohibiting the making or causing of noises or sound;

(nn) respecting the calling of a meeting of residents of a local service district under subsection 162(4), 167(2), 168(3), 169(2), 171(1) or 174(4);

(oo) respecting the holding of an election of a local service district advisory committee;

(pp) prescribing provisions of the regulations of which the violation or the failure to comply with constitute an offence;

(qq) in relation to offences under the regulations, except for a regulation under paragraph (ee), prescribing category A, B, C or D offences for the purposes of Part 2 of the Provincial Offences Procedure Act;

(rr) defining words or expressions used in this Act but not defined;

(ss) prescribing forms to be used for the purposes of this Act;

(tt) repealing, in whole or in part, a regulation referred to in section 196;

(uu) respecting any other matter that may be necessary for the proper administration of this Act.

191( 2) A regulation made under subsection (1) may vary for or be made in respect of different persons, matters or things or different classes or categories of persons, matters or things.

191( 3) A regulation made under subsection (1) may be general or particular in its application, may be limited as to time or place or both and may exclude any place from its application.

PART 18

TRANSITIONAL AND SAVING PROVISIONS
AND REPEAL AND COMMENCEMENT

Existing local governments continue under this Act

192 The residents of the municipalities, rural communities and regional municipalities in existence immediately before the commencement of this section continue to be bodies corporate.

Territorial limits of local governments remain unchanged

193 The territorial limits of a municipality, rural community or regional municipality in existence immediately before the commencement of this section remain unchanged until altered in accordance with this Act or any other Act.

Wards remain unchanged

194 Any division into wards of a municipality, rural community or regional municipality that existed immediately before the commencement of this section remain unchanged until altered by a by-law made under this Act.

By-laws under the Municipalities Act

195 Despite any inconsistency with a provision of this Act, a by-law made under the authority of the Municipalities Act, chapter M-22 of the Revised Statutes, 1973, that was in force immediately before the commencement of this section, shall be deemed to have been made under this Act and is valid and continues in force until amended or repealed.

Regulations under the Municipalities Act

196 Despite any inconsistency with a provision of this Act,

(a) the following regulations made under the Municipalities Act, chapter M-22 of the Revised Statutes, 1973, including any amendments made to them under paragraph (b) are valid and continue in force until repealed by a regulation or regulations made by the Lieutenant-Governor in Council under this Act:

( i) New Brunswick Regulation 81-114,

( ii) New Brunswick Regulation 81-150,

( iii) New Brunswick Regulation 81-195,

( iv) New Brunswick Regulation 82-84,

( v) New Brunswick Regulation 84-85,

( vi) New Brunswick Regulation 84-86,

( vii) New Brunwick Regulation 84-168,

( viii) New Brunswick Regulation 85-6,

( ix) New Brunswick Regulation 88-193,

( x) New Brunswick Regulation 89-108,

( xi) New Brunswick Regulation 95-36,

( xii) New Brunswick Regulation 97-145,

( xiii) New Brunswick Regulation 2001-40,

( xiv) New Brunswick Regulation 2002-59,

( xv) New Brunswick Regulation 2004-25,

( xvi) New Brunswick Regulation 2005-94,

( xvii) New Brunswick Regulation 2005-95,

( xviii) New Brunswick Regulation 2005-96,

( xix) New Brunswick Regulation 2005-97,

( xx) New Brunswick Regulation 2005-98,

( xxi) New Brunswick Regulation 2006-34,

( xxii) New Brunswick Regulation 2007-22,

( xxiii) New Brunswick Regulation 2008-37,

( xxiv) New Brunswick Regulation 2010-4,

( xxv) New Brunswick Regulation 2010-23,

( xxvi) New Brunswick Regulation 2010-138,

( xxvii) New Brunswick Regulation 2012-18,

( xxviii) New Brunswick Regulation 2014-30,

( xxix) New Brunswick Regulation 2014-34,

( xxx) New Brunswick Regulation 2014-43;

(b) a regulation referred to in subparagraph (a)(i) to (xxx) may be amended under the Municipalities Act, chapter M-22 of the Revised Statutes, 1973, on or after the commencement of this section as if that Act had not been repealed;

(c) the Minister shall raise the money required for the provision of the services set out the regulation referred to in subparagraph (a)(vii) in accordance with section 172 of this Act;

(d) if the regulation referred to in subparagraph (a)(vii) is amended under paragraph (b) by repealing a service provided by the Minister in a local service district or in a portion of a local service district, the Minister may, by order, prescribe that the service be provided in that local service district or in that portion of the local service district, as the case may be, without complying with the requirements of subsections 162(4) and (5) of this Act.

By-laws respecting pension or superannuation plans made under the Municipalities Act

197 Despite the repeal of section 162 of the Municipalities Act, M-22 of the Revised Statutes, 1973, and despite any inconsistency with any provision of this Act,

(a) a by-law made under the authority of subsection 162(1) of the Municipalities Act, chapter M-22 of the Revised Statutes, 1973, adopting a pension or superannuation plan is valid and continues in force until amended or repealed, and

(b) a by-law referred to in paragraph (a) may be amended under section 162 of the Municipalities Act, chapter M-22 of the Revised Statutes, 1973, on or after the commencement of this section as if section 162 of that Act had not been repealed.

Continuation of four-year balanced budgets

198( 1) Despite the repeal of paragraph 111.4(2)( b) of the Municipalities Act, M-22 of the Revised Statutes, 1973, and despite any inconsistency with any provision of this Act, paragraph 111.4(2)(b) of that Act continues to apply with respect to a local government that has produced a quadrennially balanced budget in effect immediately before the commencement of this section, and that paragraph shall continue to apply until the end of that budget period.

198( 2) Despite the repeal of paragraph 189(4)( b) of the Municipalities Act, M-22 of the Revised Statutes, 1973, and despite any inconsistency with any provision of this Act, paragraph 189(4)(b) of that Act continues to apply with respect to a local government or a commission that has produced a quadrennially balanced budget in effect immediately before the commencement of this section, and that paragraph shall continue to apply until the end of that budget period.

Continuation of existing bodies corporate

199 Despite the repeal of the Municipalities Act, chapter M-22 of the Revised Statutes, 1973, and despite any inconsistency with any provision of this Act, a body corporate incorporated for the purpose of carrying on business for or on behalf of a municipality, rural community or regional municipality that was in existence immediately before the commencement of this section is continued.

Continuation of local improvement associations

200( 1) Despite the repeal of section 150 of the Municipalities Act, chapter M-22 of the Revised Statutes, 1973, and despite any inconsistency with any provision of this Act, any corporation incorporated under section 150 of that Act that was in existence immediately before the commencement of this section is continued.

200( 2) Despite the repeal of sections 149 to 160.1 of the Municipalities Act, chapter M-22 of the Revised Statutes, 1973, and despite any inconsistency with any provision of this Act, sections 149 to 160.1 of that Act continue to apply to a corporation continued under subsection (1).

200( 3) Despite the repeal of section 198 of the Municipalities Act, chapter M-22 of the Revised Statutes, 1973, and despite any inconsistency with any provision of this Act, section 198 of that Act continues to apply to a corporation continued under subsection (1).

Continuation of appointment of officers

201( 1) A person who was appointed under section 74 of the Municipalities Act, chapter M-22 of the Revised Statutes, 1973, and who held office immediately before the commencement of this section, shall be deemed to have been appointed under section 71 of this Act.

201( 2) A person who was appointed under subsection 14(1) of the Police Act, chapter P-9.2 of the Acts of New Brunswick, 1977, and who held office immediately before the commencement of this section, shall be deemed to have been appointed under section 72 of this Act.

Permits deemed to be issued under Local Governance Act

202 Despite any provision of this or any other Act, a permit authorizing a retail business to operate on the weekly day of rest issued under section 27.7 of the Municipalities Act, chapter M-22 of the Revised Statutes, 1973, that was valid immediately before the commencement of this section shall be deemed to have been validly issued under section 174 of this Act.

Transitional terms of office for members of advisory committees

203( 1) Despite any provision of this or any other Act, a person who was a member of an advisory committee of a local service district under section 25 of the Municipalities Act, chapter M-22 of the Revised Statutes of New Brunswick, 1973, immediately before the commencement of this section shall be deemed to have been elected under section 169 of this Act.

203( 2) Subject to subsection (6) and despite subsection 170(3) of this Act, the term of office of a member of an advisory committee of a local service district shall expire on May 31, 2020.

203( 3) Despite sections 169 and 170 of this Act, no election for an advisory committee of a local service district shall be held in 2019, unless it is an election referred to in subsection 170(1) of this Act.

203( 4) Between January 1, 2020, and May 31, 2020, inclusive, the Minister shall call a meeting in every local service district that has an advisory committee to elect its members, unless the local service district has held an election referred to in subsection 170(1) of this Act in the 12-month period before May 31, 2020.

203( 5) The term of office of a member of an advisory committee elected under subsection (4) shall commence on June 1, 2020.

203( 6) Subsection (2) does not apply to a person elected as a member of an advisory council of a local service district in an election referred to in subsection 170(1) of this Act to whom subparagraph 170(3)(a)(ii) of this Act applies.

Repeal of the Municipalities Act

204 The Municipalities Act, chapter M-22 of the Revised Statutes, 1973, is repealed.

Repeal of New Brunswick Regulation 95-110 under the Municipalities Act

205 New Brunswick Regulation 95-110 under the Municipalities Act is repealed.

Amendments to the Unsightly Premises Act

206 The Unsightly Premises Act, chapter 135 of the Revised Statutes, 2014, is amended

(a) in section 1

( i) by renumbering subsection (1) as section 1;

( ii) by repealing subsection (2);

(b) by repealing the heading “Duty of owner or occupier” preceding section 4;

(d) by repealing the heading “Notice to owner or occupier” preceding section 5;

(e) by repealing section 5;

(f) by repealing the heading “Powers of Minister” preceding section 6;

(g) by repealing section 6;

(h) by repealing the heading “Report” preceding section 7;

(i) by repealing section 7;

(j) by repealing the heading “Recovery of Minister’s costs - filing of certificate” preceding section 8;

(k) by repealing section 8;

(l) by repealing the heading “Lien” preceding section 9;

(m) by repealing section 9;

(n) by repealing the heading “Unsightly premises by-law” preceding section 10;

(o) by repealing section 10;

(p) by repealing the heading “Notice to enforce unsightly premises by-law” preceding section 11;

(q) by repealing section 11;

(r) in section 18

( i) in subsection (1) by striking out “5(2), 11(2) or”;

( ii) in subsection (2) by striking out “5(2), 11(2) or”;

( iii) in subsection (3) by striking out “5(2), 11(2) or”;

(s) by repealing the heading “Offences and penalties related to public safety hazards” preceding section 19;

(t) by repealing section 19;

(u) by repealing the heading “Offences and penalties related to notices under section 5” preceding section 20;

(v) by repealing section 20.

Commencement

207 This Act or any provision of it comes into force on a day or days to be fixed by proclamation.