Bill 46 - An Act Respecting Local Governance and Community Planning

BILL 46

An Act Respecting Local Governance and Community Planning

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

Adult Education and Training Act

1 Subsection 3(4) of the Adult Education and Training Act, chapter 101 of the Revised Statutes, 2011, is repealed and the following is substituted:

3( 4) The Minister may enter into contracts with a local government, the Government of Canada or any other government or person for any purpose within the scope of this Act.

Agricultural Land Protection and Development Act

2( 1) Section 1 of the Agricultural Land Protection and Development Act, chapter A-5.11 of the Acts of New Brunswick, 1996 is amended

(a) by repealing the following definitions:

“rural community”;

“rural community council”;

(b) by repealing the definition “land use control law” and substituting the following:

“land use control law” means a regional plan, rural plan, municipal plan, zoning by-law or zoning regulation adopted or made under the Community Planning Act; (législation réglementant l’usage des terres)

“local government” means a local government as defined in subsection 1(1) of the Local Governance Act or the Minister of Environment and Local Government, representing unincorporated areas of the Province; (gouvernement local)

2( 2) Section 7 of the French version of the Act is amended

(a) in paragraph (a) by striking out “administrations locales” and substituting “gouvernements locaux”;

(b) in paragraph (b) by striking out “administrations locales” and substituting “gouvernements locaux”;

2( 3) Section 8 of the Act is amended

(a) in paragraph (b) by striking out “, and” and substituting a period;

(b) by repealing paragraph (c).

2( 4) The heading “Registered agricultural land” preceding section 10 of the Act is repealed.

2( 5) Section 10 of the Act is repealed.

2( 6) Section 11 of the Act is amended by striking out “The Minister may recommend to the Minister of Environment and Local Government, a rural community or a municipality” and substituting “The Minister may recommend to the Minister of Environment and Local Government or a local government”.

2( 7) The heading “Consequential amendments” preceding section 21 of the Act is repealed.

2( 8) Section 21 of the Act is repealed.

2( 9) Section 22 of the Act is repealed.

Air Space Act

3 Subsection 5(2) of the Air Space Act, chapter 109 of the Revised Statutes, 2011, is amended by striking out “subsection 47(3) or paragraph 77(8)(c)” and substituting “subsection 79(3) or paragraph 125(11)(c)”.

Archives Act

4 Paragraph 5(1)(d) of the Archives Act, chapter A-11.1 of the Acts of New Brunswick, 1977, is amended by striking out “departments, municipalities and rural communities” and substituting “departments and local governments”.

Assessment Act

5( 1) Section 1 of the Assessment Act, chapter A-14 of the Revised Statutes, 1973, is amended

(a) by repealing the definition “assessment list” and substituting the following:

“assessment list” means a copy of the assessment and tax roll for a local government or other taxing authority; (liste d’évaluation)

(b) in paragraph (k) of the definition “real property” by striking out “a municipality or rural community” and substituting “a local government”;

“local government” means a local government as defined in subsection 1(1) of the Local Governance Act; (gouvernement local)

5( 2) Subsection 3(2) of the Act is repealed and the following is substituted:

3( 2) Despite any private or special Act, if no other provision is made under this Act or the Real Property Tax Act, all local government or other local taxes or rates on real property shall be calculated and levied on the whole of the assessment or assessments made under this Act on real property within the local government or school district.

5( 3) Paragraph 4(1)(i) of the Act is amended by striking out “a municipality or rural community” and substituting “a local government”.

5( 4) Section 7.1 of the Act is amended

(a) in subsection (1) by striking out “not-for-profit organization, municipality or rural community” and substituting “not-for-profit organization or local government”;

(b) in subsection (6) by striking out “not-for-profit organization, municipality or rural community” and substituting “not-for-profit organization or local government”;

(c) in subsection (8) by striking out “not-for-profit organization, municipality or rural community” and substituting “not-for-profit organization or local government”.

5( 5) Section 13 of the Act is amended

(a) in subsection (1) by striking out “municipality” and substituting “local government”;

(b) in subsection (2) by striking out “municipality” and substituting “local government”.

5( 6) Section 16 of the Act is amended

(a) in subsection (5) by striking out “Where a municipality or rural community” and substituting “When a local government”;

(b) in paragraph (7)(a) by striking out “the municipality or rural community” and substituting “the local government”.

5( 7) Subsection 17(3) of the Act is amended by striking out “municipal or rural community” and substituting “local government”.

5( 8) Section 22 of the Act is amended by striking out “municipality” and substituting “local government”.

5( 9) Subsection 22.1(1) of the Act is amended by striking out “municipality” and substituting “local government”.

5( 10) Subsection 25(5) of the Act is repealed and the following is substituted:

25( 5) When a request for review of assessment under subsection (1) applies to assessment on real property located in a local government or other taxing authority, the Director shall notify the local government or other taxing authority of the decision by sending to it a copy of all entries in the Review Register pertaining to the request for review of assessment.

5( 11) Subsection 27(1) of the Act is amended by striking out “the municipality” and substituting “the local government”.

5( 12) Section 28 of the Act is repealed and the following is substituted:

28 Within 21 days after the Director mails a notice to a local government or other taxing authority under subsection 25(5), the local government or other taxing authority may appeal to the Board for the local government or other taxing authority to vary the assessment of real property located within its boundaries and affected by the request for review of assessment.

5( 13) Subsection 29(1.2) is amended

(a) by repealing subparagraph (a)(ii) and substituting the following:

( ii) if a request for review of assessment is made under subsection 25(1) and the appeal is by the person in whose name the real property is assessed,

( A) the clerk of the local government if the real property is located in a local government, or

( B) the Minister of Environment and Local Government if the real property is not located in a local government, and

(b) by repealing paragraph (b) and substituting the following:

(b) the local government or other taxing authority shall serve in accordance with the regulations a copy of the notice of appeal on the person in whose name the real property is assessed, if the appeal is by a local government or other taxing authority.

Regulations under the Assessment Act

6 Subsection 12(1) of New Brunswick Regulation 84-6 under the Assessment Act is repealed and the following is substituted:

12( 1) Not later than June 30 in each year, the Chairperson shall fix a date for the Board to consider an appeal when a notice of appeal has been served in accordance with sections 27 to 29.1 of the Act and the Board shall cause a notice of hearing to be served on the party appealing, the Director and the local government or other taxing authority in which the real property is located and, if the appeal is by a person other than the owner or by a local government or other taxing authority, on the person in whose name the real property is assessed.

Regulations under the Assessment Act

7 Section 5 of New Brunswick Regulation 98-47 under the Assessment Act is amended

(a) in subsection (1) by striking out “a not-for-profit organization, a municipality and a rural community” and substituting “a not-for-profit organization and a local government”;

(b) in paragraph (2)(a) by striking out “a municipality or a rural community” and substituting “a local government”.

Assessment and Planning Appeal Board Act

8 Paragraph 14(2)(b) of the Assessment and Planning Appeal Board Act, chapter 114 of the Revised Statutes, 2011, is amended by striking out “to the council of the municipality or the rural community council, as the case may be” and substituting “to the council of the local government”.

Regulation under the Atlantic Provinces Harness Racing Commission Act

9 Section 2 of New Brunswick Regulation 2003-1 under the Atlantic Provinces Harness Racing Commission Act is amended in the definition “betting theatre” by striking out “appropriate municipal authority” and substituting “appropriate local government authority”.

Auctioneers Licence Act

10( 1) Paragraph 5(b) of the Auctioneers Licence Act, chapter 117 of the Revised Statutes, 2011, is amended by striking out “a municipality or rural community” and substituting “a local government”.

10( 2) The heading “Fees imposed by municipality or rural community” preceding section 9 of the Act is amended by striking out “municipality or rural community” and substituting “a local government”.

10( 3) Section 9 of the Act is amended by striking out “a municipality or rural community” and substituting “a local government”.

Auditor General Act

11 Subsection 5(1) of the Auditor General Act, chapter 118 of the Revised Statutes, 2011, is amended

(a) in paragraph (a) by striking out “any municipal or rural community office” and substituting “any local government office”;

(b) in paragraph (b) by striking out “federal, municipal or rural community party or candidate” and substituting “federal or local government party or candidate”.

Boundaries Confirmation Act

12 Section 6 of the Boundaries Confirmation Act, chapter 101 of the Revised Statutes, 2012, is amended

(a) in subsection (2)

( i) by repealing paragraph (c) and substituting the following:

(c) the council of the local government, if the boundary in question is located wholly or partly within a local government,

( ii) by repealing paragraph (d);

(b) by repealing subsection (3) and substituting the following:

6( 3) A Minister appointed under the Executive Council Act, the council of a local government or any other authority having jurisdiction over a public highway may apply to the Registrar General, in the prescribed form, to confirm the location of a boundary of a public highway over which the Minister, council or other authority has jurisdiction.

Business Improvement Areas Act

13( 1) Section 1 of the Business Improvement Areas Act, chapter 102 of the Revised Statutes, 2014, is amended in the definition “council” by striking out “municipality” and substituting “local government”.

13( 2) The heading “Application to rural communities” preceding section 3 of the Act is repealed.

13( 3) Section 3 of the Act is repealed.

13( 4) Section 4 of the Act is amended

(a) in subsection (1) in the portion preceding paragraph (a) by striking out “municipality” and substituting “local government”;

(b) in subsection (2) in the portion preceding paragraph (a) by striking out “municipality” and substituting “local government”;

4( 3) No by-law referred to in subsection (1) shall be made if, not later than the date set for the hearing of objections under subsection (2), objections in writing are filed with the clerk of the local government, jointly or independently, by one-third or more of all non-residential users or by non-residential users who, in the clerk’s opinion, together would be liable to pay one-third or more of the amount to be raised by a levy if the proposed business improvement area were designated.

(d) in subsection (4) of the French version in the portion preceding paragraph (a) by striking out “le secrétaire” and substituting “le greffier”;

(e) in subsection (7) by striking out “municipality” and substituting “local government”.

13( 5) Paragraph 5(1)(b) of the Act is amended

(a) by repealing subparagraph (ii) and substituting the following:

( ii) the improvement, enhancement, beautification and maintenance of local government-owned land, buildings and structures in the business improvement area, with the consent of council, beyond the level ordinarily provided by the local government within that area;

(b) in subparagraph (iii) by striking out “municipally owned” and substituting “local government-owned”.

13( 6) Section 6 of the Act is amended

(a) in subsection (2) in the portion preceding paragraph (a) by striking out “municipality” and substituting “local government”;

(b) in subsection (3) by striking out “municipality” and substituting “local government”;

6( 6) No budget shall be approved if objections in writing to that budget are filed with the clerk of the local government, jointly or independently, by one-third or more of all non-residential users or by non-residential users who, in the clerk’s opinion, would together be liable to pay one-third or more of the amount to be raised by a levy.

13( 7) Section 8 of the Act is amended

(a) in subsection (1) by striking out “municipally owned” and substituting “local government-owned”;

(b) in subsection (2) by striking out “municipality” and substituting “local government”.

Cemetery Companies Act

14( 1) Paragraph 5(1)(c) of the Cemetery Companies Act, chapter C-1 of the Revised Statutes, 1973, is amended

(a) by repealing subparagraph (i) and substituting the following:

( i) in a local government, the council of the local government, or

(b) by repealing subparagraph (ii);

( iii) dans une région qui n’est pas constituée en gouvernement local, du ministre de l’Environnement et des Gouvernements locaux.

14( 2) Section 7 of the Act is repealed and the following is substituted:

Compliance with local by-laws

7( 1) If a cemetery is situated in a local government, the local government may make by-laws with respect to the enclosure of cemeteries by walls or fences.

7( 2) If a cemetery is situated outside a local government, the Minister may make regulations respecting the enclosure of cemeteries by walls or fences.

14( 3) Subsection 24(1) of the Act is amended by striking out “municipality or rural community” and substituting “local government”.

Regulation under the Cemetery Companies Act

15( 1) Section 12 of New Brunswick Regulation 94-129 under the Cemetery Companies Act is amended

(a) in paragraph (4)(b)

( i) by repealing subparagraph (iv) and substituting the following:

( iv) if the columbarium is or will be located within a local government, the written approval of the council of the local government for the establishment, alteration or extension of the columbarium;

( ii) by repealing subparagraph (iv.1);

( iii) in the French version in subparagraph (v) by striking out “un secteur non constitué en municipalité” and substituting “une région qui n’est pas constituée en gouvernement local”;

(b) in paragraph (5)(b)

( i) by repealing subparagraph (iv) and substituting the following:

( iv) if the crematorium is or will be located within a local government, the written approval of the council of the local government for the establishment, alteration or extension of the crematorium;

( ii) by repealing subparagraph (iv.1);

( iii) in the French version in subparagraph (v) by striking out “un secteur non constitué en municipalité” and substituting “une région qui n’est pas constituée en gouvernement local”.

15( 2) Paragraph 13(3)(b) of the Regulation is amended

(a) by repealing subparagraph (iv) and substituting the following:

( iv) if the crypt, mausoleum or vault is or will be located within a local government, the written approval of the council of the local government for the establishment, alteration or extension of the crypt, mausoleum or vault;

(b) by repealing subparagraph (iv.1);

(c) in the French version in subparagraph (v) by striking out “un secteur non constitué en municipalité” and substituting “une région qui n’est pas constituée en gouvernement local”.

Child and Youth Advocate Act

16 Schedule A of the Child and Youth Advocate Act, chapter C-2.7 of the Acts of New Brunswick, 2007, is amended by repealing section 3 and substituting the following:

3 Local governments

Civil Forfeiture Act

17 Subparagraph 15(1)(a)(iv) of the Civil Forfeiture Act, chapter C-4.5 of the Acts of New Brunswick, 2010, is amended by striking out “the Crown in right of Canada, a municipality or a rural community” and substituting “the Crown in right of Canada or a local government”.

Clean Air Act

18 Section 1 of the Clean Air Act, chapter C-5.2 of the Acts of New Brunswick, 1997, is amended in the definition “person” by striking out “a city, town or village” and substituting “a local government as defined in subsection 1(1) of the Local Governance Act”.

Regulation under the Clean Air Act

19( 1) Subsection 19(3) of New Brunswick Regulation 97-133 under the Clean Air Act is amended by striking out “a municipality or rural community” and substituting “a local government”.

19( 2) Subsection 24(3) of the Regulation is amended by striking out “a municipality or rural community” and substituting “a local government”.

Clean Environment Act

20( 1) Section 1 of the Clean Environment Act, chapter C-6 of the Revised Statutes, 1973, is amended in the definition “person” by striking out “a municipality, a rural community” and substituting “a local government”.

20( 2) Subsection 5(7) of the Act is repealed and the following is substituted:

5( 7) If the Minister is notified by the Minister of Health that, in the interest of the public health in a local government, it is necessary that a waterworks should be constructed or modified, or that its operation should be commenced or modified, the Minister may order the local government to undertake such construction or modification or commence or modify such operation in accordance with any directions that the Minister may set out in the order.

20( 3) Section 5.4 of the Act is amended by striking out “a municipality, regional municipality, rural community” and substituting “a local government”.

20( 4) Paragraph 15(1)(d) of the Act is repealed and the following is substituted:

(d) a local government; and

20( 5) Subsection 15.1(1) of the Act is amended

(a) by repealing paragraph (a) and substituting the following:

(a) assist a local government or a water or wastewater commission established under section 15.2 with any plan, works or undertaking

( i) for the control, reduction, elimination or prevention of contamination, or

( ii) for the establishment of any waterworks or wastewater works;

(b) in paragraph (c) by striking out “a municipality or rural community” and substituting “a local government”.

20( 6) Section 15.2 of the Act is amended

(a) by repealing subsection (5) and substituting the following:

15.2( 5) The membership of a water or wastewater commission shall be as follows:

(a) for each participating local government, two members appointed by the council of the local government that the member represents;

(b) not more than five members representing the participating unincorporated areas, appointed by the Minister; and

(c) despite paragraphs (a) and (b), if a water or wastewater commission is established for an area containing only one local government and no unincorporated areas, not more than five members representing the participating local government, appointed by the council of the local government that the member represents.

(b) by repealing subsection (7) and substituting the following:

15.2( 7) A participating local government may at any time remove from office a member of a water or wastewater commission who was appointed by the local government, and may appoint a member to complete the term of office of the member who was removed.

(d) in subsection (11) of the English version by striking out “the municipality, the rural community or the Minister” and substituting “the local government or the Minister”;

(e) in subsection (19) by striking out “participating municipality, to each participating rural community” and substituting “participating local government”;

(f) in subsection (20) by striking out “each participating municipality, to each participating rural community” and substituting “each participating local government”;

(g) in subsection (21) by striking out “to each participating municipality, to each participating rural community” and substituting “to each participating local government”;

(h) in subsection (23) by striking out “to each participating municipality, to each participating rural community” and substituting “to each participating local government”.

Regulations under the Clean Environment Act

21 Paragraph 5.2(a) of New Brunswick Regulation 87-83 under the Clean Environment Act is repealed and the following is substituted:

(a) a local government;

Regulations under the Clean Environment Act

22 Subparagraph 5(2)(c)(ii) of New Brunswick Regulation 2008-54 under the Clean Environment Act is repealed and the following is substituted:

( ii) a local government in the Province, or

Clean Water Act

23( 1) Section 1 of the Clean Water Act, chapter C-6.1 of the Acts of New Brunswick, 1989, is amended

(a) by repealing the definition “municipality”;

(b) in the definition “person” by striking out “municipality” and substituting “local government”;

“local government” means a municipality, rural community, regional municipality or local service district and includes a commission that provides water or wastewater services normally provided by a local government; (gouvernement local)

23( 2) Subsection 14.11(1) of the Act is amended by striking out “appropriate municipal employee” and substituting “appropriate local government employee”.

23( 3) Paragraph 34(1)(d) of the Act is repealed and the following is substituted:

(d) a local government; and

Regulations under the Clean Water Act

24 Subsection 26(4) of New Brunswick Regulation 90-80 under the Clean Water Act is amended by striking out “an incorporated municipality” and substituting “a local government”.

Regulations under the Clean Water Act

25 Subsection 3(2) of New Brunswick Regulation 93-201 under the Clean Water Act is amended by striking out “a municipality” and substituting “a local government”.

Regulations under the Clean Water Act

26 Section 2 of New Brunswick Regulation 93-203 under the Clean Water Act is amended in the definition “regulated water supply system” by striking out “a municipality, rural community” and substituting “a local government”.

Regulations under the Clean Water Act

27 Schedule B of New Brunswick Regulation 2000-47 under the Clean Water Act is amended

(a) in subsection 1(2) in the definition “public water supply system” by striking out “a municipality” and substituting “a local government”;

(b) in paragraph 4(1)(c) by striking out “municipal” and substituting “local government”;

(d) in paragraph 6(1)(a) by striking out “any municipal well” and substituting “any local government’s well”.

Regulations under the Clean Water Act

28 Schedule B of New Brunswick Regulation 2001-83 under the Clean Water Act is amended in paragraph 4(1)(b) by striking out “municipal” and substituting “local government”.

Combat Sport Act

29 Section 1 of the Combat Sport Act, chapter 48 of the Acts of New Brunswick, 2014, is amended by repealing the definition “municipality” and substituting the following:

“municipality” means a local government as defined in subsection 1(1) of the Local Governance Act. (municipalité)

Regulation under the Combat Sport Act

30( 1) Section 2 of New Brunswick Regulation 2014-131 under the Combat Sport Act is amended

(a) by repealing the following definitions:

“rural community”;

“unincorporated area”;

(b) by adding the following definition in alphabetical order:

“local service district” means a local service district as defined in subsection 1(1) of the Local Governance Act. (district de services locaux)

30( 2) Section 3 of the Regulation is amended

(a) in paragraph (3)(a) by striking out “a rural community, an unincorporated area” and substituting “a local service district”;

(b) in subsection (4)

( i) by repealing paragraph (a) and substituting the following:

(a) in the case of an event to be held in a municipality, the council of the municipality,

( ii) in paragraph (b) by striking out “an unincorporated area” and substituting “a local service district”.

Community Funding Act

31( 1) Section 1 of the Community Funding Act, chapter 56 of the Acts of New Brunswick, 2012, is amended

(a) by repealing the definition “group” and substituting the following:

“group” means a group of municipalities or a group of rural communities, which may include regional municipalities, established by regulation. (groupe)

(b) by repealing the definition “net budget” and substituting the following:

“net budget” means (budget net)

(a) with respect to a municipality, the estimate of the money referred to in paragraph 99(2)(a) of the Local Governance Act and approved by the Minister in the previous year, less all non-tax revenues, and

(b) with respect to a rural community, the sum of the estimate of the money referred to in paragraph 99(2)(a) of the Local Governance Act and approved by the Minister in the previous year and the estimate of the money prepared by the Minister under paragraph 110(a) of that Act in the previous year, less all non-tax revenues.

(c) in the definition “community” by striking out “a municipality, rural community or” and substituting “a local government or a”;

(d) in the definition “excluded costs”

( i) in paragraph (a) by striking out “paragraph 87(2)(a) of the Municipalities Act” and substituting “paragraph 99(2)(a) of the Local Governance Act”;

( ii) in subparagraph (b)(i) by striking out “paragraph 190.081(2)(a) of the Municipalities Act” and substituting “paragraph 99(2)(a) of the Local Governance Act”;

(e) in the definition “number of road kilometres”

( i) in paragraph (a) by striking out “of the municipality or the rural community” and substituting “of the local government”;

( ii) in paragraph (b) by striking out “of other municipal roads and streets or rural community roads and streets” and substituting “of other local government roads and streets”;

(f) in the definition “police services” by striking out “Municipalities Act” and substituting “Local Governance Act”;

(g) in the definition “tax rate”

( i) in paragraph (a) by striking out “paragraph 87(2)(b) of the Municipalities Act” and substituting “paragraph 99(2)(b) of the Local Governance Act”;

( ii) in paragraph (b) by striking out “paragraphs 190.081(2)(b) and 190.082(5)(b) of the Municipalities Act” and substituting “paragraphs 99(2)(b) and 110(b) of the Local Governance Act”;

(h) by adding the following definitions in alphabetical order:

“local government” means a local government as defined in subsection 1(1) of the Local Governance Act. (gouvernement local)

“rural community” includes a regional municipality. (communauté rurale)

31( 2) Section 4 of the Act is amended

(a) in subsection (3) by striking out “paragraph 27.01(1)(a) of the Municipalities Act” and substituting “paragraph 173(1)(a) of the Local Governance Act”;

(b) in subsection (4) by striking out “paragraph 27.01(1)(a) of the Municipalities Act” and substituting “paragraph 173(1)(a) of the Local Governance Act”.

31( 3) Subsection 6(1) of the Act is amended by striking out “subsection 87(2) of the Municipalities Act” and substituting “subsection 99(2) of the Local Governance Act”.

31( 4) Paragraph 8(b) of the Act is amended by striking out “paragraph 87(2)(b) of the Municipalities Act” and substituting “paragraph 99(2)(b) of the Local Governance Act”.

31( 5) Paragraph 9(1)(b) of the Act is amended by striking out “paragraph 190.081(2)(b) of the Municipalities Act” and substituting “paragraph 99(2)(b) of the Local Governance Act”.

31( 6) Paragraph 13(11)(b) of the Act is amended by striking out “paragraph 87(2)(a) of the Municipalities Act” and substituting “paragraph 99(2)(a) of the Local Governance Act”.

Regulations under the Community Planning Act

32 Subsection 5(3) of New Brunswick Regulation 80-159 under the Community Planning Act is amended by striking out “the Crown, a municipality or a rural community” and substituting “the Crown or a local government”.

Regulations under the Community Planning Act

33 Subsection 11(1) of New Brunswick Regulation 81-126 under the Community Planning Act is repealed and the following is substituted:

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

“mobile home” means a trailer having a total floor space of not less than 45 square metres and containing a water closet and a bath or shower. (maison mobile)

“mobile home park” means a parcel of land, not in a provincial park, (parc de maisons mobiles)

(a) intended as the location for residential purposes of two or more mobile homes, or

(b) upon which two or more mobile homes are located for residential purposes.

“space” means a plot of land within a tourist camp, trailer camp or mobile home park designated to accommodate, or accommodating, one camping facility, trailer or mobile home, as the case may be. (emplacement)

Regulations under the Community Planning Act

34( 1) Paragraph 3(a) of New Brunswick Regulation 84-217 under the Community Planning Act is repealed and the following is substituted:

(a) local government services easements; and

34( 2) Section 4 of the Regulation is repealed and the following is substituted:

4 For the purposes of subsections 55(5.1) and 56(4.01) of the Act, an easement designated on a subdivision plan as a local government services easement vests in the Crown or the local government, as the case may be, on the filing of the plan in the registry office, the following rights:

An easement and rights at the cost, risk and expense of the Crown or the local government, by Her or its officers, servants, agents, contractors and workers, to enter the lands subject to the easement with machinery, materials, vehicles and equipment and to construct, alter, maintain, inspect and repair underground water mains or pipelines, storm sewers, sanitary sewers or any like local government works including all related works appurtenant to it, promptly restoring as far as is practicable the surface of the lands to the same condition as it was prior to the commencement of the work or excavation, together with the right by action or otherwise at any time to enjoin the owner of the lands subject to the easement, including the heirs, executors, administrators, successors and assigns of the owner from erecting or locating on the lands subject to the easement any building, structure or other obstacle which could impair the free and full use of the easement or permitting the erection or location on it of any such building, structure or other obstacle.

Regulations under the Community Planning Act

35 Paragraph 3(b.1) of New Brunswick Regulation 84-292 under the Community Planning Act is amended by striking out “a rural community” and substituting “a rural community or a regional municipality”.

Regulations under the Community Planning Act

36( 1) Section 3 of New Brunswick Regulation 2002-45 under the Community Planning Act is repealed and the following is substituted:

Application

3 This Regulation applies

(a) in the unincorporated areas of the Province, and

(b) in any rural community or regional municipality that has not made a building by-law under section 59 of the Act.

36( 2) Section 10 of the French version of the Regulation is amended by striking out “le secteur non constitué en municipalité” and substituting “la région non constituée en gouvernement local”.

Companies Act

37 Paragraph 21(a) of the Companies Act, chapter C-13 of the Revised Statutes, 1973, is amended by striking out “the council in a municipality or rural community” and substituting “the council of a local government”.

Condominium Property Act

38( 1) Paragraph 5(3)(f) of the Condominium Property Act, chapter C-16.05 of the Acts of New Brunswick, 2009, is repealed and the following is substituted:

(f) in the case of a condominium property located in a local government that has not passed a building by-law or a zoning by-law, a letter from the local government stating that there is no building permit requirement or that there are no zoning requirements to be met by the development, as the case may be;

38( 2) Section 8 of the Act is amended

(a) in subsection (1) by striking out “ section 47 or paragraph 77(8)(c)” and substituting “section 79 or paragraph 125(11)(c)”;

(b) in subsection (3)

( i) in paragraph (a) of the English version by adding “and” at the end of the paragraph;

( ii) in paragraph (b) by striking out “; and” and substituting a period;

( iii) by repealing paragraph (c).

Regulation under the Condominium Property Act

39 Subsection 4(2) of New Brunswick Regulation 2009-169 under the Condominium Property Act is amended by striking out “municipality, rural community” and substituting “local government”.

Conservation Easements Act

40( 1) Subsection 4(3) of the Conservation Easements Act, chapter 130 of the Revised Statutes, 2011, is amended by striking out “the Crown in right of Canada, a municipality or a rural community” and substituting “the Crown in right of Canada or a local government”.

40( 2) Section 5 of the Act is amended

(a) by repealing paragraph (c) and substituting the following:

(b) by repealing paragraph (d).

Consumer Product Warranty and Liability Act

41 Subsection 1(1) of the Consumer Product Warranty and Liability Act, chapter C-18.1 of the Acts of New Brunswick, 1978, is amended in the definition “business”

(a) by repealing paragraph (b) and substituting the following:

(b) a local government or local government agency; and

(b) by repealing paragraph (c).

Control of Municipalities Act

42( 1) Section 1 of the Control of Municipalities Act, chapter C-20 of the Revised Statutes, 1973, is amended

(a) by repealing the definition “council” and substituting the following:

“council” means a council as defined in subsection 1(1) of the Local Governance Act; (conseil)

(b) by repealing the definition “municipality” and substituting the following:

“municipality” means a local government as defined in subsection 1(1) of the Local Governance Act. (municipalité)

42( 2) Section 31.1 of the Act is repealed.

Coroners Act

43 Subsection 25(2) of the Coroners Act, chapter C-23 of the Revised Statutes, 1973, is amended by striking out “the Province, a municipality or a rural community” and substituting “the Province or a local government”.

Regulation under the Coroners Act

44 Subsection 2(2) of New Brunswick Regulation 84-79 under the Coroners Act is repealed and the following is substituted:

2( 2) Despite paragraphs (1)(f), (g) and (i), unless the inquest is held outside of the regular working hours of a witness or juror, jurors’ fees and witness fees are not payable to persons who are employees of the following:

(a) the federal government;

(b) the Province; or

Corrections Act

45( 1) Section 1 of the Corrections Act, chapter 132 of the Revised Statutes, 2011, is amended in the definition “offence” by striking out “a municipality or rural community” and substituting “a local government”.

45( 2) Section 3 of the Act is amended in the portion preceding paragraph (a) by striking out “any municipality or rural community” and substituting “any local government”.

Regulation under the Credit Unions Act

46 Paragraph 3(c) of New Brunswick Regulation 94-5 under the Credit Unions Act is amended by striking out “a municipality, rural community” and substituting “a local government”.

Regulation under the Criminal Prosecution Expenses Act

47 Section 7 of New Brunswick Regulation 83-66 under the Criminal Prosecution Expenses Act is repealed and the following is substituted:

7 Despite sections 2, 5 and 6, witness fees are not payable to persons who are employees of

(a) the federal government,

(b) the Province, or

Regulation under the Crown Construction Contracts Act

48 Subsection 16(3) of New Brunswick Regulation 82-109 under the Crown Construction Contracts Act is amended

(a) in paragraph (b) by striking out “by a municipality or rural community of this Province” and substituting “by a local government of this Province”;

(b) in paragraph (c) by striking out “any municipality of the Province” and substituting “any local government of this Province”;

Crown Lands and Forests Act

49( 1) Paragraph 4(d) of the Crown Lands and Forests Act, chapter C-38.1 of the Acts of New Brunswick, 1980, is repealed and the following is substituted:

(d) a local government; or

49( 2) Paragraph 13(c) of the Act is repealed and the following is substituted:

49( 3) Paragraph 21(c) of the Act is repealed and the following is substituted:

49( 4) Paragraph 71(1)(e) of the Act is amended by striking out “a municipality, a rural community” and substituting “a local government”.

49( 5) Section 94.1 of the Act is amended in the portion preceding paragraph (a) by striking out “municipality” and substituting “local government”.

Regulation under the Crown Lands and Forests Act

50( 1) Section 2 of New Brunswick Regulation 2009-62 under the Crown Lands and Forests Act is amended

(a) in the definition “municipal lease” by striking out “a municipality or rural community” and substituting “a local government”;

(b) in the definition “publicly funded service” by striking out “, municipal or community” and substituting “or local government”.

50( 2) Paragraph 3(2)(c) of the Regulation is amended by striking out “, municipal or rural community” and substituting “or local government”.

Days of Rest Act

51( 1) Subsection 7.1(2) of the Days of Rest Act, chapter D-4.2 of the Acts of New Brunswick, 1985, is repealed and the following is substituted:

7.1( 2) An exemption under subsection (1) does not apply to a retail business or a part of a retail business that is subject to a by-law made under the Local Governance Act or a permit issued under section 174 of the Local Governance Act.

51( 2) Section 7.11 of the Act is repealed and the following is substituted:

7.11 If all or part of a retail business is authorized under this Act, a by-law made under the Local Governance Act or a permit issued under section 174 of the Local Governance Act to remain open on a weekly day of rest, whether or not the weekly day of rest is also a prescribed day of rest, any provision in a lease or other agreement that has the effect of requiring all or part of the retail business to remain open on a weekly day of rest is of no effect in so far as it applies to that weekly day of rest, whether the lease or agreement is made before or after the commencement of this section.

51( 3) Subsection 8(2) of the Act is repealed and the following is substituted:

8( 2) A person does not violate or fail to comply with subsection 4(1) if the person is authorized to engage in the prohibited activity by a by-law made under the Local Governance Act or a permit issued under section 174 the Local Governance Act.

Easements Act

52( 1) The heading “Easement respecting property of municipality or rural community” preceding section 10 of the Easements Act, chapter 143 of the Revised Statutes, 2011, is amended by striking out “municipality or rural community” and substituting “a local government”.

52( 2) Section 10 of the Act is amended by striking out “a municipality or rural community, unless the adverse possession or the term of prescription was complete before the acquisition by the municipality or rural community” and substituting “a local government, unless the adverse possession or the term of prescription was complete before the acquisition by the local government”.

Edmundston Act, 1998

53( 1) Section 1 of the Edmundston Act, 1998, chapter E-1.111 of the Acts of New Brunswick, 1998, is amended

(a) in subsection (1) by repealing the definition “user-charge” and substituting the following:

“user-charge” means user charge as defined under subsection 1(1) of the Local Governance Act. (redevance d’usage)

(b) by repealing subsection (2) and substituting the following:

1( 2) The city of Edmundston created under subsection 2(1) is a municipality as defined in subsection 1(1) of the Local Governance Act and the Local Governance Act applies to Edmundston except where provided otherwise under this Act.

1( 3) Section 65 of the Local Governance Act does not apply to the municipality of Edmundston and for the purposes of that Act the determination of quorum in relation to the municipality of Edmundston shall be as set out in the definition of “quorum” in subsection (1).

53( 2) Section 2 of the Act is amended

(a) in subsection (2) in the portion preceding the boundary description by striking out “Notwithstanding subsection 3(2) and 22(3.1) of the Municipalities Act, the” and substituting “The”;

(b) by repealing subsection (4).

53( 3) Section 3 of the Act is amended by striking out “Municipalities Act” and substituting “Municipalities Act, chapter M-22 of the Revised Statutes, 1973”.

53( 4) Subsection 4(1) of the Act is amended

(a) in the portion preceding paragraph (a) by striking out “Municipalities Act” and substituting “Municipalities Act, chapter M-22 of the Revised Statutes, 1973”;

(b) in paragraph (a) by striking out “the Municipalities Act” and substituting “the Municipalities Act, chapter M-22 of the Revised Statutes, 1973”.

53( 5) Subsection 8(2) of the Act is amended by striking out “Notwithstanding subsection 39(1) of the Municipalities Act” and substituting “Despite subsection 39(1) of the Municipalities Act, chapter M-22 of the Revised Statutes, 1973”.

53( 6) Paragraph 9(i) of the Act is amended by striking out “notwithstanding subsection 10(1) of the Municipalities Act” and substituting “despite subsection 10(1) of the Municipalities Act, chapter M-22 of the Revised Statutes, 1973”.

53( 7) Subsection 12(1) of the Act is amended

(a) in paragraph (b) by striking out “paragraph 87(2)(a) of the Municipalities Act” and substituting “paragraph 87(2)(a) of the Municipalities Act, chapter M-22 of the Revised Statutes, 1973”;

(b) in paragraph (c) by striking out “paragraph 87(2)(a) of the Municipalities Act” and substituting “paragraph 87(2)(a) of the Municipalities Act, chapter M-22 of the Revised Statutes, 1973”.

53( 8) Section 13 of the Act is amended

(a) in paragraph (1)(d) by striking out “section 12 of the Municipalities Act” and substituting “section 12 of the Municipalities Act, chapter M-22 of the Revised Statutes, 1973”;

(b) in paragraph (4)(a) by striking out “Municipalities Act” and substituting “Municipalities Act, chapter M-22 of the Revised Statutes, 1973,”;

(c) in paragraph (5)(a) by striking out “paragraph (4)(d) and section 74 of the Municipalities Act” and substituting “paragraph (4)(d) and section 74 of the Municipalities Act, chapter M-22 of the Revised Statutes, 1973”;

(d) in subsection (9) by striking out “Subsection 74(5) of the Municipalities Act” and substituting “Subsection 74(5) of the Municipalities Act, chapter M-22 of the Revised Statutes, 1973,”.

53( 9) Section 19 of the Act is amended by striking out “Notwithstanding section 38 of the Municipalities Act” and substituting “Despite section 38 of the Municipalities Act, chapter M-22 of the Revised Statutes, 1973”.

53( 10) Section 20 of the Act is amended

(a) in subsection (2) in the portion preceding paragraph (a) by striking out “Municipalities Act” and substituting “Local Governance Act”;

(b) in subsection (3) by striking out “as a service under the Municipalities Act and in respect of which Edmundston is authorized to act under sections 4, 7, 8 and 189 and other applicable provisions of the Municipalities Act” and substituting “as a service under the Local Governance Act and in respect of which Edmundston is authorized to act under the Local Governance Act”;

20( 5) The provisions of section 117 of the Local Governance Act apply to the operation of the electric power service by Edmundston and every provision of section 117 shall be construed as applying to the operation of the electric power service in the same manner as it applies to the operation of a water or wastewater disposal service or utility.

53( 11) Subsection 22(7) of the Act is amended by striking out “section 189 of the Municipalities Act” and substituting “section 117 of the Local Governance Act”.

53( 12) Subsection 23(3) of the Act is amended by striking out “section 189 of the Municipalities Act” and substituting “section 117 of the Local Governance Act”.

53( 13) Section 24 of the Act is amended

(a) in subsection (1) in the portion preceding paragraph (a) by striking out “Municipalities Act” and substituting “Local Governance Act”;

(b) in subsection (2) by striking out “Municipalities Act” and substituting “Local Governance Act”.

53( 14) Section 25 of the Act is amended by striking out “Municipalities Act” and substituting “Local Governance Act”.

53( 15) Section 30 of the Act is amended

(a) in subsection (1) by striking out “Notwithstanding section 28 or 29 of the Municipalities Act” and substituting “Despite section 28 or 29 of the Municipalities Act, chapter M-22 of the Revised Statutes, 1973”;

(b) by repealing subsection (2) and substituting the following:

30( 2) The council of Edmundston may make a by-law under section 43 or 44 of the Local Governance Act respecting the composition of council but that by-law shall have no effect until the general election immediately following the making of the by-law.

(d) in subsection (4) by striking out “subsections (2) and (3)” and substituting “subsection (2)”.

53( 16) Section 31 of the Act is amended

(a) in subsection (1) by striking out “Notwithstanding section 31 of the Municipalities Act” and substituting “Despite section 31 of the Municipalities Act, chapter M-22 of the Revised Statutes, 1973”;

(b) by repealing subsection (2) and substituting the following:

31( 2) The council of Edmundston may make a by-law under section 42 of the Local Governance Act respecting the division of the municipality into wards but that by-law shall have no effect until the general election immediately following the making of the by-law.

(d) in subsection (4) by striking out “subsections (2) and (3)” and substituting “subsection (2)”.

53( 17) Section 32 of the Act is amended

(a) in subsection (4) in the portion preceding paragraph (a) by striking out “Notwithstanding subsection 87(2) of the Municipalities Act” and substituting “Despite subsection 99(2) of the Local Governance Act”;

(b) by repealing subsection (6).

53( 18) Section 33 of the Act is amended by striking out “Notwithstanding the Municipalities Act” and substituting “Despite the Local Governance Act”.

53( 19) Section 34 of the Act is amended

(a) in subsection (1) by striking out “Notwithstanding section 162 or 163 of the Municipalities Act” and substituting “Despite section 162 or 163 of the Municipalities Act, chapter M-22 of the Revised Statutes, 1973”;

(b) in subsection (2)

( i) in paragraph (a) by striking out “Municipalities Act” wherever it appears and substituting “Municipalities Act, chapter M-22 of the Revised Statutes, 1973”;

( ii) in paragraph (b) by striking out “Municipalities Act” and substituting “Municipalities Act, chapter M-22 of the Revised Statutes, 1973,”;

34( 7) Where the first council of Edmundston acts under paragraph (2)(a), subsection 188(10) of the Local Governance Act applies with the necessary modifications and where the first council of Edmundston acts under paragraph (2)(b), subsection 188(9) of the Local Governance Act applies with the necessary modifications.

(d) by repealing subsection (8) and substituting the following:

34( 8) Where the Lieutenant-Governor in Council acts under subsection (4), subsection 188(9) or (10) of the Local Governance Act applies with the necessary modifications.

53( 20) Subsection 35(2) of the Act is amended by striking out “Municipalities Act” and substituting “Municipalities Act, chapter M-22 of the Revised Statutes, 1973,”.

Education Act

54( 1) Subsection 36.3(1) of the Education Act, chapter E-1.12 of the Acts of New Brunswick, 1997, is repealed and the following is substituted:

36.3( 1) District Education Council elections shall be held on the same day as general elections under the Local Governance Act.

54( 2) Section 50 of the Act is amended

(a) in subsection (1) by striking out “a municipality, a rural community” and substituting “a local government”;

(b) in paragraph (2)(e) by striking out “a municipality, a rural community” and substituting “a local government”;

(d) in subsection (4.1) by striking out “a municipality, a rural community” and substituting “a local government”.

Elections Act

55( 1) Paragraph 10(d) of the Elections Act, chapter E-3 of the Revised Statutes, 1973, is amended by striking out “, or of any municipality” and substituting “or of any municipality or other local government”.

55( 2) Section 20.13 of the Act is amended by striking out “municipal, rural community” and substituting “local government”.

55( 3) Subsection 48.1(1) of the Act is repealed and the following is substituted:

48.1( 1) No person is eligible to be a member of the Legislative Assembly or to sit or vote in the Legislative Assembly who is a mayor or councillor of a local government.

55( 4) Subsection 125(2) of the Act is amended by striking out “any by-law of a municipality or rural community” and substituting “any by-law of a local government”.

Electoral Boundaries and Representation Act

56 Paragraph 11(4)(b) of the Electoral Boundaries and Representation Act, chapter 106 of the Revised Statutes, 2014, is repealed and the following is substituted:

(b) local government and other administrative boundaries;

Electricity Act

57( 1) Section 1 of the Electricity Act, chapter 7 of the Acts of New Brunswick, 2013, is amended by adding the following definition in alphabetical order:

“local government” means a local government as defined in subsection 1(1) of the Local Governance Act. (gouvernement local)

57( 2) Subparagraph 11(a)(ii) of the Act is amended by striking out “municipal or rural community by-law” and substituting “local government by-law”.

57( 3) Subsection 29(4) of the Act is amended by striking out “the municipality” and substituting “the local government”.

57( 4) Subparagraph 61(a)(ii) of the Act is amended by striking out “municipal or rural community by-law” and substituting “local government by-law”.

57( 5) Section 88 of the Act is amended

(a) in subsection (1) by striking out “Municipalities Act” and substituting “Municipalities Act, chapter M-22 of the Revised Statutes, 1973,”;

(b) in subsection (3) by striking out “Municipalities Act” and substituting “Municipalities Act, chapter M-22 of the Revised Statutes, 1973,”.

57( 6) Subsection 91(2) of the Act is amended by striking out “Municipalities Act” and substituting “Local Governance Act”.

57( 7) Section 98 of the Act is amended

(a) in subsection (2) by striking out “the municipality” and substituting “the local government”;

(b) in subsection (4) by striking out “any municipality” and substituting “any local government”.

Regulation under the Electricity Act

58 Section 5 of New Brunswick Regulation 2015-60 under the Electricity Act is amended in the definition “local entity” by repealing paragraph (b) and substituting the following:

(b) a local government or local service district,

Elevators and Lifts Act

59 Section 17 of the Elevators and Lifts Act, chapter E-6 of the Revised Statutes, 1973, is amended by striking out “any municipal or rural community by-law” and substituting “any local government by-law”.

Emergency 911 Act

60( 1) Section 1 of the Emergency 911 Act, chapter 146 of the Revised Statutes, 2011, is amended

(a) by repealing the definition “municipality”;

(b) by adding the following definition in alphabetical order:

“local government” means a local government as defined in subsection 1(1) of the Local Governance Act. (gouvernement local)

60( 2) Section 2 of the Act is amended by striking out “municipalities” and substituting “local governments”.

60( 3) The heading “Participation by municipalities and emergency service providers” preceding section 3 of the Act is amended by striking out “municipalities” and substituting “local governments”.

60( 4) Section 3 of the Act is amended by striking out “Every municipality” and substituting “Every local government”.

60( 5) Section 4 of the Act is amended

(a) in subsection (1) by striking out “a municipality” and substituting “a local government”;

(b) in paragraph (2)(a) by striking out “a municipality” and substituting “a local government”.

60( 6) Section 8 of the Act is amended by striking out “municipality” wherever it appears and substituting “local government”.

60( 7) Paragraph 11(c) of the Act is repealed and the following is substituted:

(c) requiring a local government to provide to the Minister the civic addresses of residences and businesses located in the local government and respecting the manner, form and time in which the information is to be provided;

Regulation under the Emergency 911 Act

61( 1) Section 2 of New Brunswick Regulation 96-104 under the Emergency 911 Act is amended

(a) in subsection (1) by striking out “a municipality” and substituting “a local government”;

(b) by repealing subsection (2) and substituting the following:

2( 2) Every local government shall

(a) in accordance with section 3, assign civic addresses to residences and businesses located in the local government, and

(b) provide to the Minister the civic addresses of residences and businesses located in the local government assigned under paragraph (a).

61( 2) Subsection 3(1) of the Regulation is amended by striking out “a municipality” and substituting “a local government”.

61( 3) Subsection 5(7) of the Regulation is amended

(a) in paragraph (a) by striking out “all municipalities” and substituting “all local governments”;

(b) in paragraph (b) by striking out “a municipality” and substituting “a local government”.

61( 4) Subsection 6(2) of the Regulation is amended by striking out “a municipality” and substituting “a local government”.

Emergency Measures Act

62 Section 1 of the Emergency Measures Act, chapter 147 of the Revised Statutes, 2011, is amended by repealing the definition “municipality” and substituting the following:

“municipality” means a local government as defined in subsection 1(1) of the Local Governance Act. (municipalité)

Employment Standards Act

63( 1) Paragraph 17.1(2)(a) of the Employment Standards Act, chapter E-7.2 of the Acts of New Brunswick, 1982, is repealed and the following is substituted:

(a) solely under

( i) a by-law made under the Local Governance Act, or

( ii) a permit issued under section 174 of the Local Governance Act,

63( 2) Subparagraph 38.9(4)(b)(ii) of the Act is amended by striking out “municipality, rural community” and substituting “local government”.

Energy and Utilities Board Act

64( 1) Section 53 of the Energy and Utilities Board Act, chapter E-9.18 of the Acts of New Brunswick, 2006, is amended

(a) in the definition “public utility”

( i) in paragraph (c) by striking out “any municipality or rural community” and substituting “any local government”;

( ii) in paragraph (d) by striking out “any municipality or rural community” and substituting “any local government”;

(b) by adding the following definition in alphabetical order:

“local government” means a local government as defined in subsection 1(1) of the Local Governance Act. (gouvernement local)

64( 2) Subsection 73(1) of the Act is amended by striking out “the same municipality or rural community” and substituting “the same local government”.

64( 3) Section 74 of the Act is amended

(a) in subsection (1) by striking out “the same municipality or rural community” and substituting “the same local government”;

(b) by repealing subsection (3) and substituting the following:

74( 3) An application is commenced by filing with the Canadian Transportation Agency and the Board an application for an order, together with evidence of service of the application upon the railway companies affected, and on the head of the local government in which the connection is proposed to be made, if the application is not made by the local government.

Enforcement of Money Judgments Act

65 Subsection 2(2) of the Enforcement of Money Judgments Act, chapter 23 of the Acts of New Brunswick, 2013, is amended by striking out “municipal property” and substituting “property owned by a local government”.

Evidence Act

66( 1) The heading “BY-LAWS OF MUNICIPALITIES AND RURAL COMMUNITIES” preceding section 88 of the Evidence Act, chapter E-11 of the Revised Statutes, 1973, is repealed and the following is substituted:

BY-LAWS OF LOCAL GOVERNMENTS

66( 2) Section 88 of the Act is repealed and the following is substituted:

88 A copy of a by-law, rule or regulation of Sessions made by the Sessions previous to the incorporation of a county, and a copy of a by-law, rule or regulation enacted by the council of a local government, certified by the Minister of Environment and Local Government or clerk of the local government, as the case may be, to have been compared with the original and to be a true copy, is without proof of the official character of the Minister or clerk, or of his or her handwriting, prima facie evidence in all courts of the passage and existence of the by-law, rule or regulation, and is also, if the certificate states the date on which the by-law, rule or regulation was passed, as shown by the original record, prima facie evidence that the by-law, rule or regulation was passed on the date certified.

66( 3) Section 91 of the Act is repealed and the following is substituted:

91 If it is necessary to authenticate any act done by the mayor of a local government under the corporate seal of the local government, to be used as evidence in any court, the seal of the mayor is sufficient authentication of the act, unless the act is a corporate act.

Expropriation Act

67( 1) Section 1 of the Expropriation Act, chapter E-14 of the Revised Statutes, 1973, is amended

(a) by repealing the following definitions:

“council of a municipality”;

“municipality”;

(b) by adding the following definition in alphabetical order:

“local government” means a local government as defined in subsection 1(1) of the Local Governance Act; (gouvernement local)

67( 2) Subsection 5(4) of the Act is repealed and the following is substituted:

5( 4) No agent or employee of an expropriating authority that is a local government shall enter on land under the authority of subsection (1) unless the entry has been previously authorized by a resolution of the council of the local government.

67( 3) Subsection 10(5) of the Act is amended in the portion preceding paragraph (a) by striking out “a municipality” and substituting “a local government”.

67( 4) Section 17 of the Act is amended

(a) in subsection (1)

( i) by repealing paragraph (a) and substituting the following:

(a) where the expropriating authority is a local government, to its council, or

( ii) in paragraph (b) by striking out “a municipality” and substituting “a local government”;

(b) in subsection (3) in the portion preceding paragraph (a) by striking out “a municipality” and substituting “a local government”.

67( 5) Section 18 of the Act is amended

(a) in subsection (1) by striking out “the council of a municipality” and substituting “the council of a local government”;

(b) in subsection (2) by striking out “a municipality” and substituting “a local government”.

67( 6) Section 19 of the Act is amended

(a) in subsection (1)

( i) by repealing paragraph (b) and substituting the following:

(b) where the expropriating authority is a local government, signed by the clerk of the local government, or

( ii) in paragraph (c) by striking out “a municipality” and substituting “a local government”;

(b) by repealing subsection (3) and substituting the following:

19( 3) If the expropriating authority is a local government, there shall be attached to the notice of expropriation registered under subsection (1) the resolution of the council of the local government authorizing the expropriation, or a copy of the resolution certified by the clerk of the local government.

19( 4) When a notice of expropriation registered under subsection (1) purports to have been signed by the Clerk of the Executive Council, the clerk of a local government or the proper signing officer of an expropriating authority, it shall be presumed to have been signed by that person without proof of the signature or official character of the person appearing to have signed it, and when an order or a resolution referred to in subsection (2) or (3) purports to have been made by the Lieutenant-Governor in Council or by a local government, it shall be presumed to have been made by the Lieutenant-Governor in Council or by the local government, as the case may be, without proof of the validity of the making of it and without proof of the signature or official character of the person appearing to have certified any copy of it as Clerk of the Executive Council or clerk of a local government.

Family Income Security Act

68 Subsection 13.1(4) of the Family Income Security Act, chapter 154 of the Revised Statutes, 2011, is amended

(a) in paragraph (d) by striking out “municipality” and substituting “local government”;

(b) in paragraph (e) by striking out “municipality” and substituting “local government”.

Financial Administration Act

69 Section 1 of the Financial Administration Act, chapter 160 of the Revised Statutes, 2011, is amended in the definition “securities”

(a) in paragraph (b) by striking out “by a municipality or rural community” and substituting “by a local government”;

(b) in paragraph (c) by striking out “a municipality or rural community” and substituting “a local government”.

Regulation under the Financial Administration Act

70( 1) Subsection 5(6) of New Brunswick Regulation 83-227 under the Financial Administration Act is amended by striking out “a municipality, a rural community” and substituting “a local government”.

70( 2) Subsection 7.3(1) of the Regulation is amended by striking out “to any municipality, any rural community” and substituting “to any local government”.

Firefighters’ Compensation Act

71 Section 1 of the Firefighters’ Compensation Act, chapter F-12.5 of the Acts of New Brunswick, 2009, is amended by adding the following definition in alphabetical order:

“rural community” includes a regional municipality. (communauté rurale)

Fire Prevention Act

72( 1) Section 1 of the Fire Prevention Act, chapter F-13 of the Revised Statutes, 1973, is amended

(a) by repealing the definition “municipality”;

(b) by adding the following definition in alphabetical order:

“local government” means a local government as defined in subsection 1(1) of the Local Governance Act; (gouvernement local)

72( 2) Section 4 of the Act is amended

(a) in paragraph (3)(h) by striking out “municipalities” and substituting “local governments”;

(b) in paragraph (3.1)(b) by striking out “municipalities” and substituting “local governments”.

72( 3) Subsection 21(2) of the Act is repealed and the following is substituted:

21( 2) The fire marshal shall certify the expenses actually and necessarily incurred in carrying out the order and deliver the certificate to the treasurer of the local government in which the building or premises is situate and the treasurer shall pay the amount so certified to the fire marshal from the general operating revenue of the local government.

72( 4) Subsection 26(2) of the Act is repealed and the following is substituted:

26( 2) Any money penalty received by the Minister of Finance under subsection (1) as a result of an information or complaint laid by an officer appointed by a local government for an offence committed in that local government is to be remitted to that local government.

72( 5) Section 27 of the Act is amended by striking out “municipality” and substituting “local government”.

72( 6) Section 29.2 of the Act is amended by striking out “municipality” and substituting “local government”.

Regulation under the Fire Prevention Act

73( 1) Section 2 of New Brunswick Regulation 82-62 under the Fire Prevention Act is amended

(a) by repealing the definition “municipal council”;

(b) by adding the following definition in alphabetical order:

“council” means a council of a local government. (conseil)

73( 2) Paragraph 3(2)(b) of the Regulation is repealed and the following is substituted:

(b) a fire prevention officer appointed under a by-law made under section 186 of the Local Governance Act or under any other by-law unless he or she makes an application on a form provided by the Minister which is accompanied by the written approval of the council and pays the fee required under section 4.

Regulation under the Forest Fires Act

74 Section 2 of New Brunswick Regulation 84-204 under the Forest Fires Act is amended

(a) in the definition “private campground” by striking out “as defined in subsection 188(1) of the Municipalities Act”;

(b) by adding the following definition in alphabetical order:

“mobile home park” means a parcel of land, not in a provincial park, (parc de maisons mobiles)

(a) intended as the location for residential purposes of two or more mobile homes, or

(b) on which two or more mobile homes are located for residential purposes;

Regulation under the Franchises Act

75 Schedule A of New Brunswick Regulation 2010-92 under the Franchises Act is amended in Part 3

(a) in section 2 by striking out “a municipal, provincial or federal government or governmental agency” and substituting “a provincial or federal government, a local government or a governmental agency”;

(b) in subsection 16(2) by striking out “a municipal” and substituting “a local government”.

Gas Distribution Act, 1999

76( 1) Section 1 of the Gas Distribution Act, 1999, chapter G-2.11 of the Acts of New Brunswick, 1999, is amended

(a) by repealing the definition “municipality”;

(b) by adding the following definition in alphabetical order:

“local government” means a local government as defined in subsection 1(1) of the Local Governance Act; (gouvernement local)

76( 2) Paragraph 6.1(1)(c) of the Act is amended by striking out “the same municipality or rural community” and substituting “the same local government”.

76( 3) Paragraph 8(1)(b) of the Act is repealed and the following is substituted:

(b) require a gas distributor to confer with any local government within the franchise area, or any specific official of the local government, about its plans for constructing its gas distribution system;

76( 4) Subsection 11(2) of the Act is amended by striking out “municipalities, and planning districts” and substituting “local governments”.

Regulations under the Gas Distribution Act, 1999

77( 1) Section 7 of New Brunswick Regulation 99-60 under the Gas Distribution Act, 1999, is amended

(a) in subparagraph (6)(a)(ii) by striking out “municipal” and substituting “local government”;

(b) in paragraph (8)(a) by striking out “municipal” and substituting “local government”.

77( 2) Subsection 11(12) of the Regulation is amended by striking out “, state or municipal governments” and substituting “or state governments or local governments”.

Regulations under the Gas Distribution Act, 1999

78 Part 3 of the Appendix of New Brunswick Regulation 99-62 under the Gas Distribution Act, 1999, is amended

(a) in section 131 by striking out “municipal” and substituting “local government”;

(b) in the heading “MUNICIPAL TAXES” preceding section 305 by striking out “MUNICIPAL” and substituting “LOCAL GOVERNMENT”;

( i) in the portion preceding Note A by striking out “municipalities” and substituting “local governments”;

( ii) in Note A by striking out “municipal tax” and substituting “local government tax”;

(d) in section 473 by striking out “Municipal inspection” and substituting “Local government inspection”;

(e) in section 475 by striking out “Municipal inspection” and substituting “Local government inspection”.

Greater Saint John Regional Facilities Commission Act

79 Section 1 of the Greater Saint John Regional Facilities Commission Act, chapter 101 of the Revised Statutes, 2016, is amended in the definition “municipal tax base” by striking out “Municipalities Act” and substituting “Local Governance Act”.

Heritage Conservation Act

80( 1) Section 1 of the Heritage Conservation Act, chapter H-4.05 of the Acts of New Brunswick, 2010, is amended

(a) by repealing the definition “municipality” and substituting the following:

“municipality” means a local government as defined in subsection 1(1) of the Local Governance Act. (municipalité)

(b) in the definition “council” by striking out “Municipalities Act” and substituting “Local Governance Act”.

80( 2) The heading “Application of Act to rural communities” preceding section 3 of the Act is repealed.

80( 3) Section 3 of the Act is repealed.

80( 4) The heading “Application of section 12 of Municipalities Act” preceding section 57 of the Act is repealed and the following is substituted:

Application of section 15 of the Local Governance Act

80( 5) Section 57 of the Act is repealed and the following is substituted:

57 Section 15 of the Local Governance Act applies to the making of a by-law under section 55.

80( 6) Paragraph 61(1)(b) of the Act is amended by striking out “Municipalities Act” and substituting “Local Governance Act”.

80( 7) Section 62 of the Act is repealed and the following is substituted:

62 A by-law made under section 55 shall comply with any regional plan, municipal plan, rural plan or development scheme in effect in the municipal heritage conservation area.

Highway Act

81( 1) Section 1 of the Highway Act, chapter H-5 of the Revised Statutes, 1973, is amended

(a) by repealing the definition “municipality” and substituting the following:

“municipality” means a local government as defined in subsection 1(1) of the Local Governance Act; (municipalité)

(b) by repealing the definition “rural community” and substituting the following:

“rural community” means a rural community or regional municipality incorporated or continued under the Local Governance Act; (communauté rurale)

81( 2) Section 3 of the Act is amended by striking out “section 186 of the Municipalities Act” and substituting “section 182 of the Local Governance Act”.

81( 3) Section 59 of the Act is amended by striking out “incorporated under the Municipalities Act” and substituting “incorporated or continued under the Local Governance Act”.

Industrial Relations Act

82( 1) Section 1 of the Industrial Relations Act, chapter I-4 of the Revised Statutes, 1973, is amended

(a) in subsection (1) by adding the following definition in alphabetical order:

“local government” means a local government as defined in subsection 1(1) of the Local Governance Act; (gouvernement local)

(b) by repealing subsection (3) and substituting the following:

1( 3) For the purposes of this Act, if a local government is empowered to prescribe any term or condition of employment for police officers in a local government, the local government shall be deemed to be an employer in relation to the police officers, and the police officers shall be deemed to be employees in relation to the local government, except for police officers who, in the opinion of the Board, exercise management functions or are employed in a confidential capacity in matters relating to labour relations.

82( 2) Section 60 of the Act is amended

(a) in subsection (11)

( i) by striking out the portion preceding paragraph (a) and substituting the following:

60( 11) When under the Local Governance Act or any other Act two or more local governments are amalgamated, the employees of those local governments shall be deemed to have been intermingled, and in such case or when, as a result of the decrease of the territorial limits of one local government related to an annexation to another local government, there is an intermingling of one or more employees of one local government with the employees of the other,

( ii) in paragraph (b) by striking out “municipality” and substituting “local government”;

(b) by repealing subsection (12) and substituting the following:

60( 12) Subject to subsection (11), when under the Local Governance Act or any other Act a village or town is incorporated as a town or city, as the case may be, or the territorial limits of a local government are enlarged by an annexation or decreased, the local government created by the incorporation, annexation or decrease in territorial limits is, for the purposes of this Act, the same person as the local government that existed before the incorporation, annexation or decrease in territorial limits.

82( 3) Section 80 of the Act is amended

(a) in subsection (1)

( i) by striking out the portion preceding paragraph (a) and substituting the following:

80( 1) When persons are employed full time by a local government as members of a fire department and are represented for the purposes of collective bargaining by a trade union that has the exclusive authority to bargain collectively on their behalf only with the local government that is the employer of the fire fighters, and if

( ii) in paragraph (a) by striking out “the municipality” and substituting “the local government”;

( iii) by repealing paragraph (c) and substituting the following:

(c) the Minister is satisfied that the collective bargaining has been carried on in good faith but that it is unlikely that the parties will agree, within a reasonable time, to the making of a collective agreement or the renewal or revision of an existing agreement or the making of a new agreement,

( iv) by adding after paragraph (c) the following:

the Minister shall, on the application of either party, authorize the constitution of an arbitration board, or the appointment of an arbitrator if the parties so request, to deal with the dispute and to formulate a collective agreement or the renewal or revision of an existing agreement or a new agreement between the parties.

(b) in subsection (1.1)

( i) by striking out the portion preceding paragraph (a) and substituting the following:

80( 1.1) When police officers are employees, within the meaning of subsection 1(3) or (3.1), of a local government or a board of police commissioners and are represented for the purposes of collective bargaining by a trade union that has the exclusive authority to bargain collectively on their behalf with the local government or the board of police commissioners that is, within the meaning of subsection 1(3) or (3.1), the employer of the police officers, and if

( ii) in subparagraph (a)(i) by striking out “the municipality” and substituting “the local government”;

82( 4) Section 91 of the Act is amended

(a) by repealing subsection (4) and substituting the following:

91( 4) Despite anything in this Act, no person employed full time by a local government as a member of a fire department shall strike and no local government shall declare a lock-out of any such employee.

(b) by repealing subsection (5) and substituting the following:

91( 5) Despite anything in this Act, no police officer who is an employee within the meaning of subsection 1(3) or (3.1) shall strike and no local government or board of police commissioners that is an employer within the meaning of subsection 1(3) or (3.1) shall declare a lock-out of any such employee.

Insurance Act

83( 1) Subsection 94(2) of the Insurance Act, chapter I-12 of the Revised Statutes, 1973, is amended by striking out “a municipality or rural community” wherever it appears and substituting “a local government”.

83( 2) Section 276 of the Act is amended

(a) by repealing the definition “municipality”;

(b) by adding the following definition in alphabetical order:

“local government” means a local government as defined in subsection 1(1) of the Local Governance Act; (gouvernement local)

83( 3) Paragraph 279(c) of the Act is amended by striking out “municipal” and substituting “local government”.

83( 4) Subsection 290(4) of the Act is amended by striking out “municipal” and substituting “local government”.

83( 5) Subsection 294(1) of the Act is repealed and the following is substituted:

294( 1) If it appears to the Superintendent from the statements and reports filed with him or her or from an examination or valuation that the assets of a society, the membership of which is limited to local government or other government employees, applicable for the purpose, are insufficient to provide for the payment of its contracts of insurance at maturity without deduction or abatement and without increase in its existing rates of contribution, the Superintendent shall make a special report as to the financial condition of the society to the head or responsible officer of the local government or other government of which the members are employees.

Interpretation Act

84 Section 38 of the Interpretation Act, chapter I-13 of the Revised Statutes, 1973, is amended in the definition “parish” by striking out “municipality” and substituting “local government”.

Judges Disqualification Removal Act

85 Section 1 of the Judges Disqualification Removal Act, chapter 181 of the Revised Statutes, 2011, is amended

(a) in the portion preceding paragraph (a) by striking out “city, municipality” and substituting “local government”;

(b) in paragraph (b) by striking out “city, municipality” and substituting “local government”;

Judicature Act

86 Subsection 11.2(2.1) of the Judicature Act, chapter J-2 of the Revised Statutes, 1973, is amended by striking out “municipal or rural community by-law” wherever it appears and substituting “local government by-law”.

Regulation under the Judicature Act and the Provincial Offences Procedure Act

87( 1) Clause (a) of Rule 11.01(1) of the Rules of Court of New Brunswick, “REPRESENTATION ORDER”, New Brunswick Regulation 82-73 under the Judicature Act and the Provincial Offences Procedure Act, is amended by striking out “municipal by-law” and substituting “local government by-law”.

87( 2) Clause (e) of Rule 16.04 of the Rules of Court, “ORIGINATING PROCESS”, is amended by striking out “municipal by-law” and substituting “local government by-law”.

87( 3) Paragraph (1) of Rule 18.02 of the Rules of Court, “SERVICE OF PROCESS”, is amended

(a) by repealing the heading “Municipality” preceding clause (b) and substituting the following:

Local Government

(b) by repealing clause (b) and substituting the following:

(b) on a local government, by leaving a copy of the document with the mayor, deputy-mayor, clerk, assistant clerk, or with any solicitor for the local government;

87( 4) Clause (r) of Rule 19.01 of the Rules of Court, “SERVICE OUTSIDE NEW BRUNSWICK” is repealed and the following is substituted:

(r) made by or on behalf of the Crown or a local government to recover money owing for taxes or other debts due to the Crown or to the local government.

Land Titles Act

88 Subparagraph 17(4)(g)(i) of the Land Titles Act, chapter L-1.1 of the Acts of New Brunswick, 1981, is amended by striking out “a municipality, a rural community” and substituting “a local government”.

Regulations under the Land Titles Act

89( 1) Subsection 20(13) of New Brunswick Regulation 83-130 under the Land Titles Act is amended by striking out “subsection 55(5.3)” and substituting “subsection 87(8)”.

89( 2) Schedule D of the Regulation is amended

(a) in section 17 by striking out “every municipal or rural community” and substituting “every local government”;

(b) in section 30 by striking out “municipal, rural community” and substituting “local government”.

Regulations under the Land Titles Act

90( 1) Section 3 of New Brunswick Regulation 2000-40 under the Land Titles Act is amended

(a) by repealing paragraph (a) and substituting the following:

(a) if the land is situated in a local government, the name of the local government,

(b) by repealing paragraph (a.1);

90( 2) Section 4 of the Regulation is amended

(a) by repealing paragraph (a) and substituting the following:

(a) if the land is situated in a local government, the name of the local government,

(b) by repealing paragraph (a.1);

Regulation under the Limited Partnership Act

91 Paragraph 3(b) of New Brunswick Regulation 84-196 under the Limited Partnership Act is amended by striking out “city, town, municipality or rural community” and substituting “local government”.

Liquor Control Act

92( 1) Section 1 of the Liquor Control Act, chapter L-10 of the Revised Statutes, 1973, is amended

(a) by repealing the definition “municipality”;

(b) in the definition “special event” by repealing paragraph (b) and substituting the following:

(b) a public event of provincial, national or international significance or a public event designated by a local government as an event of significance to the local government, or

“local government” means a local government as defined in subsection 1(1) of the Local Governance Act; (gouvernement local)

92( 2) Section 69 of the Act is amended

(a) in paragraph (1)(c)

( i) in clause (i)(B) by striking out “municipality” and substituting “local government”;

( ii) by repealing subparagraph (ii) and substituting the following:

( ii) if the premises is situated in a local government, a written statement in accordance with subsection (1.1) that the carrying on of the proposed business in the proposed premises is in conformity with the planning and zoning requirements of the local government as provided for in its rural plan, municipal plan, zoning by-law and any other by-laws or regulations made under the Community Planning Act, and

( iii) in subparagraph (iii) by striking out “municipality” and substituting “local government”;

(b) by repealing subsection (1.1) and substituting the following:

69( 1.1) If a person applying for a licence is required to provide the Minister with a written statement under subparagraph (1)(c)(ii), the Minister shall accept a letter purporting to be signed by the development officer, the planning director or another appropriate official of the local government in which the proposed premises is situated, stating that the proposed business and the proposed premises are in conformity with the planning and zoning requirements of the local government as provided for in its rural plan, municipal plan, zoning by-law and any other by-laws or regulations made under the Community Planning Act.

92( 3) Paragraph 99.1(1)(c) of the Act is repealed and the following is substituted:

(c) a person who has entered into an agreement with a federal, provincial or local government authority to provide food and liquor facilities in a federal, provincial or local government park,

92( 4) Subsection 102(1) of the Act is amended by striking out “municipality” and substituting “local government”.

92( 5) Paragraph 102.1(c) of the Act is amended by striking out “municipality” wherever it appears and substituting “local government”.

92( 6) Paragraph 111.1(3)(b) of the Act is amended by striking out “municipal by-law” and substituting “local government by-law”.

Regulations under the Liquor Control Act

93( 1) Subparagraph 55(c)(i) of New Brunswick Regulation 84-265 under the Liquor Control Act is amended by striking out “any municipal authority” and substituting “any local government authority”.

93( 2) Section 59 of the Regulation is amended

(a) by repealing subsection (1) and substituting the following:

59( 1) Not more than one special events licence shall be issued for an area within a local government for any particular period of time.

(b) in subsection (2) by striking out “municipality” and substituting “local government”.

93( 3) Section 62.92 of the Regulation is amended by striking out “Municipalities Act” and substituting “Local Governance Act”.

Regulations under the Liquor Control Act

94 Paragraph 5(e) of New Brunswick Regulation 90-10 under the Liquor Control Act is amended by striking out “municipal by-law” and substituting “local government by-law”.

Loan and Trust Companies Act

95 Subsection 1(1) of the Loan and Trust Companies Act, chapter L-11.2 of the Acts of New Brunswick, 1987, is amended in paragraph (d) of the definition “improved real estate” by striking out “a municipality or rural community” and substituting “a local government”.

Regulation under the Loan and Trust Companies Act

96 Section 2 of New Brunswick Regulation 92-47 under the Loan and Trust Companies Act is amended

(a) in the English version in the definition “generally accepted accounting principles” by striking out the period at the end of the definition and substituting a semicolon;

(b) by adding the following definition in alphabetical order:

“municipality” means a local government as defined in subsection 1(1) of the Local Governance Act. (municipalité)

Lobbyists’ Registration Act

97 Subsection 4(1) of the Lobbyists’ Registration Act, chapter 11 of the Acts of New Brunswick, 2014, is amended

(a) by repealing paragraph (g) and substituting the following:

(g) members of a council or other statutory body charged with the administration of the affairs of a local government as defined in subsection 1(1) of the Local Governance Act, the staff of the council or body, as well as officers or employees of a local government;

(b) in paragraph (h) by striking out “Municipalities Act” and substituting “Local Governance Act”.

Marshland Infrastructure Maintenance Act

98 Section 15 of the Marshland Infrastructure Maintenance Act, chapter 35 of the Acts of New Brunswick, 2013, is repealed and the following is substituted:

15 If a local government or a regional service commission receives an application for the granting of a building permit or a development and building permit with respect to development that is within a marshland that is identified in the maps referred to in section 6, the local government or the regional service commission shall notify the Minister of the application as soon as the circumstances permit.

Mechanics’ Lien

99 Section 2 of the Mechanics’ Lien Act, chapter M-6 of the Revised Statutes, 1973, is amended by striking out “a municipality or rural community” and substituting “a local government”.

Regulation under the Mining Act

100 Subsection 30(5) of New Brunswick Regulation 86-98 under the Mining Act is amended by striking out “any municipality, rural community” and substituting “any local government”.

Motor Carrier Act

101( 1) Subsection 13(2) of the Motor Carrier Act, chapter M-16 of the Revised Statutes, 1973, is repealed and the following is substituted:

13( 2) The Board may establish any local government or an area contiguous to any local government, but not extending more than 55 kilometres from the boundary of the local government, as an exempt area on the terms and conditions that the Board in its discretion deems necessary.

101( 2) Subsection 14(1) of the Act is amended

(a) in the portion preceding paragraph (a) by striking out “municipality” and substituting “local government”;

(b) in paragraph (c) by striking out “such municipality” and substituting “the local government”.

101( 3) Section 15 of the Act is amended by striking out “municipality” and substituting “local government”.

101( 4) Section 15.1 of the Act is repealed.

Regulation under the Motor Carrier Act

102 Subsection 6(1) of New Brunswick Regulation 84-301 under the Motor Carrier Act is amended by striking out “any municipality or rural community” and substituting “any local government”.

Motor Vehicle Act

103( 1) Section 1 of the Motor Vehicle Act, chapter M-17 of the Revised Statutes, 1973, is amended

(a) by repealing the definition “local authority” and substituting the following:

“local authority” means a local government as defined in subsection 1(1) of the Local Governance Act; (collectivité locale)

(b) by repealing the definition “urban district” and substituting the following:

“urban district” means a local government as defined in subsection 1(1) of the Local Governance Act; (zone urbaine)

103( 2) Subsection 169.1(1) of the Act is amended by repealing the definition “school crossing guard” and substituting the following:

“school crossing guard” means a person employed by a local government, or employed by a person under contract to a local government, to direct the movement of children across a roadway. (brigadier scolaire)

103( 3) Paragraph 265(2.01)(b) of the Act is amended by striking out “a municipal or rural community by-law” and substituting “a local government by-law”.

103( 4) Paragraph 275(1)(b) of the Act is amended by striking out “any municipality, rural community” and substituting “any local government”.

Regulations under the Motor Vehicle Act

104 Section 2 of New Brunswick Regulation 83-42 under the Motor Vehicle Act is amended by repealing the definition “municipality” and substituting the following:

“municipality” means a local government as defined in subsection 1(1) of the Local Governance Act and includes a regional service commission within the meaning of the Regional Service Delivery Act. (municipalité)

Regulations under the Motor Vehicle Act

105 Paragraph 8(a) of New Brunswick Regulation 95-76 under the Motor Vehicle Act is amended by striking out “provincial, municipal or rural community project” and substituting “provincial or local government project”.

Municipal Capital Borrowing Act

106( 1) Section 1 of the Municipal Capital Borrowing Act, chapter M-20 of the Revised Statutes, 1973, is amended

(a) by repealing the definition “clerk” and substituting the following:

“clerk” means a clerk as defined in subsection 1(1) of the Local Governance Act; (greffier)

(b) in the definition “Minister” in the English version by striking out the period at the end of the definition and substituting a semicolon;

“municipality” means a local government as defined in subsection 1(1) of the Local Governance Act. (municipalité)

106( 2) Subsection 11(1) of the French version of the Act is amended by striking out “secrétaire” and substituting “greffier”.

106( 3) Section 15 of the Act is repealed.

Municipal Debentures Act

107( 1) Section 1 of the Municipal Debentures Act, chapter M-21 of the Revised Statutes, 1973, is amended by repealing the definition “municipality” and substituting the following:

“municipality” means a local government as defined in subsection 1(1) of the Local Governance Act. (municipalité)

107( 2) Section 1.2 of the Act is repealed.

Municipal Elections Act

108( 1) Section 1 of the Municipal Elections Act, chapter M-21.01 of the Acts of New Brunswick, 1979, is amended

(a) in the definition “officer of a municipality” by striking out “section 74 of the Municipalities Act” and substituting “section 71 of the Local Governance Act”;

(b) by adding the following definition in alphabetical order:

“municipality” means a local government as defined in subsection 1(1) of the Local Governance Act; (municipalité)

108( 2) Subsection 3(1) of the Act is amended by striking out “Municipalities Act” and substituting “Local Governance Act”.

108( 3) Section 3.1 of the Act is repealed.

108( 4) Subsection 5.1(1) of the Act is amended by striking out “quadrennial elections” and substituting “general elections”.

108( 5) Subsection 10(1) of the Act is amended by striking out “quadrennial election” and substituting “general election”.

108( 6) Section 15 of the Act is amended

(a) in paragraph (1)(a) by striking out “quadrennial elections” and substituting “general elections”;

(b) in paragraph (2)(c) by striking out “quadrennial election” and substituting “general election”.

108( 7) Subsection 21(5) of the Act is amended by striking out “paragraph 68(2)(b) of the Municipalities Act” and substituting “paragraph 59(2)(b) of the Local Governance Act”.

108( 8) Subsection 28(3) of the Act is amended by striking out “quadrennial election” and substituting “general election”.

108( 9) Paragraph 41(5)(b) of the French version of the Act is amended by striking out “secrétaire” and substituting “greffier”.

108( 10) Subsection 44(1) of the Act is amended by striking out “quadrennial election” and substituting “general election”.

108( 11) Section 46 of the Act is amended

(a) in subsection (1) in the portion preceding paragraph (a) by striking out “subsection 68(2) of the Municipalities Act” and substituting “subsection 59(2) of the Local Governance Act”;

(b) by repealing subsection (2) and substituting the following:

46( 2) When a plebiscite is held under paragraph 59(2)(b) of the Local Governance Act, the provisions of this Act apply as if the plebiscite were held under paragraph 59(2)(a) of the Local Governance Act and the voters list to be used shall be the latest voters list prepared for that municipality and, except in subsection 11(1), where the word “election” occurs in this Act, the word “plebiscite” is substituted where appropriate and except in this section where the words “municipal electoral officer” or “municipal returning officer” occur in this Act, the word “clerk of the municipality” is substituted.

(c) in subsection (3) in the portion preceding paragraph (a) by striking out “subsection 68(2) of the Municipalities Act” and substituting “subsection 59(2) of the Local Governance Act”;

(d) in subsection (4) by striking out “paragraph 68(2)(a) of the Municipalities Act” and substituting “paragraph 59(2)(a) of the Local Governance Act”;

(e) in paragraph (5)(b) by striking out “paragraph 68(2)(a) of the Municipalities Act” and substituting “paragraph 59(2)(a) of the Local Governance Act”;

(f) in paragraph (6)(b) by striking out “paragraph 68(2)(a) of the Municipalities Act” and substituting “paragraph 59(2)(a) of the Local Governance Act”;

(g) in subsection (9)

( i) in paragraph (a) by striking out “paragraph 68(2)(a) of the Municipalities Act” and substituting “paragraph 59(2)(a) of the Local Governance Act”;

( ii) in the portion following paragraph (b) by striking out “paragraph 68(2)(b) of the Municipalities Act” and substituting “paragraph 59(2)(b) of the Local Governance Act”;

(h) in paragraph (10)(a) by striking out “paragraph 68(2)(b) of the Municipalities Act” and substituting “paragraph 59(2)(b) of the Local Governance Act”.

108( 12) Subsection 48(2) of the Act is amended by striking out “paragraph 68(2)(b) of the Municipalities Act” and substituting “paragraph 59(2)(b) of the Local Governance Act”.

Regulation under the Municipal Elections Act

109 Section 3 of New Brunswick Regulation 2008-26 under the Municipal Elections Act is amended

(a) in paragraph (a) by striking out “or rural community”;

(b) in paragraph (b) by striking out “or rural community”.

Regulations under the Municipalities Act

110 Section 16 of New Brunswick Regulation 2006-34 under the Municipalities Act is amended

(a) in subsection (2) by striking out “section 59” and substituting “section 62”;

(b) in subsection (3) by striking out “section 42” and substituting “section 74”.

Regulations under the Municipalities Act

111 Section 15 of New Brunswick Regulation 2012-18 under the Municipalities Act is amended

(a) in subsection (1) by striking out “section 59” and substituting “section 62”;

(b) in subsection (2) by striking out “section 42” and substituting “section 74”.

Regulations under the Municipalities Act

112 Section 12 of New Brunswick Regulation 2014-30 under the Municipalities Act is amended by striking out “subsection 77(2.1)” and substituting “section 51”.

Regulations under the Municipalities Act

113 Section 16 of New Brunswick Regulation 2014-34 under the Municipalities Act is amended

(a) in subsection (1) by striking out “section 59” and substituting “section 62”;

(b) in subsection (2) by striking out “section 42” and substituting “section 74”.

Municipal Thoroughfare Easements Act

114( 1) The heading “Definition of “existing travelled thoroughfare”” preceding section 1 of the Municipal Thoroughfare Easements Act, chapter 120 of the Revised Statutes, 2014, is repealed and the following is substituted:

Definitions

114( 2) Section 1 of the Act is repealed and the following is substituted:

Definitions

1 The following definitions apply in this Act.

“existing travelled thoroughfare” includes a lane, alley or other way used by the public and not already vested in a municipality, but does not include a road, street or highway. (voie existante utilisée)

“municipality” means a local government as defined in subsection 1(1) of the Local Governance Act. (municipalité)

114( 3) Section 5 of the Act is repealed.

New Brunswick Building Code Act

115( 1) Section 1 of the New Brunswick Building Code Act, chapter N-3.5 of the Acts of New Brunswick, 2009, is amended

(a) by repealing the following definitions:

“Municipal Chief Building Inspector”;

“municipal council”;

“municipality”;

“rural community”;

“Rural Community Chief Building Inspector”;

“rural community council”;

“unincorporated area”;

(b) in the definition “building inspector”

( i) in paragraph (a) by striking out “municipal by-laws” and substituting “local government by-laws”;

( ii) by repealing paragraph (b) and substituting the following:

(b) a person appointed under subsection 71(2) of the Local Governance Act.

“Chief Building Inspector” means a Chief Building Inspector appointed by a council under subsection 71(2) of the Local Governance Act. (inspecteur en chef des constructions)

“council” means a council as defined in subsection 1(1) of the Local Governance Act. (conseil)

“local government” means a local government as defined in subsection 1(1) of the Local Governance Act. (gouvernement local)

“local service district” means a local service district as defined in subsection 1(1) of the Local Governance Act. (district de services locaux)

115( 2) Section 5 of the Act is amended by striking out “a municipal council or rural community council” and substituting “a council”.

115( 3) Section 6 of the Act is amended

(a) in subsection (1) in the portion preceding paragraph (a) by striking out “A municipal council or rural community council” and substituting “A council”;

(b) in subsection (2)

( i) in the portion preceding paragraph (a) by striking out “A municipal council or rural community council” and substituting “A council”;

( ii) in paragraph (a) by striking out “the municipality or rural community” and substituting “the local government”;

( iii) in paragraph (b) by striking out “the municipality or rural community” and substituting “the local government”;

( iv) in paragraph (s) by striking out “the Municipal Chief Building Inspector or Rural Community Chief Building Inspector” and substituting “the Chief Building Inspector”;

( v) in paragraph (t) by striking out “the municipality or rural community” and substituting “the local government”.

115( 4) Section 7 of the Act is repealed and the following is substituted:

Enactment procedure for building by-law

7 Section 15 of the Local Governance Act applies to the enactment of a building by-law.

115( 5) Section 8 of the Act is amended

(a) in subsection (1)

( i) in the portion preceding paragraph (a) by striking out “the clerk of a municipality or the rural community clerk, as the case may be,” and substituting “the clerk of a local government”;

( ii) in paragraph (b) by striking out “Municipalities Act” and substituting “Local Governance Act”;

(b) in subsection (2) by striking out “the clerk of a municipality or the rural community clerk” and substituting the “the clerk of a local government”.

115( 6) Section 9 of the Act is amended

(a) in paragraph (1)(b) by striking out “subsection 81(1) of the Community Planning Act” and substituting “subsection 108(1) of the Community Planning Act”;

(b) by repealing subsection (2) and substituting the following:

9( 2) A local government that has a Chief Building Inspector may, on an annual basis, pay the amount prescribed by regulation to the Minister of Finance and, if the local government chooses to pay the amount, the residents of that local government shall be exempt from the requirement to pay the surcharge prescribed by regulation for the issuance of a building permit, but if the building by-law prescribes a surcharge, the residents shall pay the surcharge prescribed by the building by-law.

115( 7) The heading “Municipal Chief Building Inspector” preceding section 13 of the Act is repealed and the following is substituted:

Chief Building Inspector – local governments

115( 8) Section 13 of the Act is repealed and the following is substituted:

Chief Building Inspector – local governments

13( 1) If a local government has three or more building inspectors, the council may appoint one of the building inspectors as the Chief Building Inspector who shall, for the purpose of carrying out the provisions of this Act and the regulations, perform the duties and powers set out in the building by-law of that local government and this Act.

13( 2) The Chief Building Inspector has all the duties and powers of a building inspector as set out in the building by-law, this Act and the regulations.

115( 9) The heading “Rural Community Chief Building Inspector” preceding section 14 of the Act is repealed.

115( 10) Section 14 of the Act is repealed.

115( 11) Section 18 of the Act is amended

(a) by repealing subsection (1) and substituting the following:

18( 1) A local government or commission shall issue an identification card to every building inspector appointed by the council or commission, and, when executing his or her duties or powers under a building by-law, this Act or the regulations, a building inspector shall produce the identification card on request.

(b) by repealing subsection (2) and substituting the following:

18( 2) A local government shall issue an identification card to the Chief Building Inspector appointed by the council, and, when executing his or her duties or powers under a building by-law or this Act, the Chief Building Inspector shall produce the identification card on request.

115( 12) The heading “Enforcement of orders by a municipality, rural community or commission” preceding section 35 of the Act is amended by striking out “a municipality, rural community” and substituting “a local government”.

115( 13) Section 35 of the Act is amended

(a) in subsection (1) by striking out “the municipality, rural community” and substituting “the local government”;

(b) in subsection (2) by striking out “the municipality, rural community” and substituting “the local government”;

115( 14) The heading “Enforcement of emergency order by a municipality, rural community or commission” preceding section 36 of the Act is amended by striking out “a municipality, rural community” and substituting “a local government”.

115( 15) Section 36 of the Act is amended

(a) in subsection (1) by striking out “a municipality, rural community” and substituting “a local government”;

(b) in subsection (2) by striking out “the municipality, rural community” and substituting “the local government”;

(d) in subsection (5) by striking out “the municipality, rural community” and substituting “the local government”.

115( 16) Subsection 37(1) of the Act is amended

(a) by striking out the portion preceding paragraph (a) and substituting the following:

37( 1) Despite any other remedy or penalty imposed under this Act, if an order made by a building inspector, a decision of the Appeal Board or any provision of a building by-law, this Act or the regulations is contravened, a local government, the Minister of Environment and Local Government or a person authorized by the local government or the Minister of Environment and Local Government may apply to the court

(b) in paragraph (b) by striking out “the municipality, rural community or the Minister of Environment” and substituting “the local government or the Minister of Environment and Local Government”.

115( 17) Section 39 of the Act is amended

(a) by repealing paragraph (a) and substituting the following:

(a) if a Chief Building Inspector has been appointed for the local government, by the Chief Building Inspector, or

(b) by repealing paragraph (b) and substituting the following:

(b) if a Chief Building Inspector has not been appointed for the local government, by the Provincial Chief Building Inspector.

115( 18) The heading “Review by Municipal Chief Building Inspector or Rural Community Chief Building Inspector” preceding section 40 of the Act is repealed and the following is substituted:

Review by Chief Building Inspector

115( 19) Section 40 of the Act is repealed and the following is substituted:

Review by Chief Building Inspector

40( 1) When a request for review is made under paragraph 39(a), the Chief Building Inspector may confirm, vary or revoke the order or decision of the building inspector.

40( 2) The Chief Building Inspector shall give notice of his or her decision to the building inspector and the person who requested the review.

115( 20) Paragraph 42(1)(a) of the Act is amended by striking out “the Municipal Chief Building Inspector or the Rural Community Chief Building Inspector” and substituting “the Chief Building Inspector”.

115( 21) Paragraph 49(1)(a) of the Act is amended

(a) by repealing subparagraph (ii) and substituting:

( ii) a Chief Building Inspector; or

(b) by repealing subparagraph (iii).

115( 22) Section 52 of the Act is repealed and the following is substituted:

52 Any information alleging an offence under this Act or the regulations shall be laid in accordance with the Provincial Offences Procedure Act in the name of the local government or the Minister of Environment and Local Government by a person appointed by the local government or Minister of Environment and Local Government, as the case may be.

115( 23) Section 53 of the Act is repealed and the following is substituted:

53 Except in the case of an emergency, a person acting on behalf of a local government or commission shall not proceed with demolition work unless the local government or commission has a report from an architect, an engineer, a building inspector or the fire marshal confirming that the building is dilapidated or structurally unsound and the report is, in the absence of evidence to the contrary, proof that the building is dilapidated or structurally unsound.

115( 24) Section 54 of the Act is repealed and the following is substituted:

Commencement of action, proceeding or prosecution

54 Any action, proceeding or prosecution under this Act shall be commenced in the name of the local government in which the building or real property that is the subject matter of the action, proceeding or prosecution is located, or, if the building or real property is located in a local service district, in the name of the appropriate commission.

115( 25) Section 55 of the Act is amended

(a) by repealing subsection (1) and substituting the following:

55( 1) Despite section 54, if an agreement is entered into by a local government or commission regarding the supply of building inspection services, the local government or commission may enter into an agreement with respect to determining who is responsible for commencing an action, proceeding or prosecution under this Act and the action, proceeding or prosecution shall be commenced in the name of the local government or commission.

(b) in subsection (2) by striking out “the municipality, rural community” and substituting “the local government”.

115( 26) Paragraph 56(1)(a) of the Act is repealed and the following is substituted:

(a) decisions of Chief Building Inspectors made under subsection 40(1); and

115( 27) Section 59 of the Act is amended

(a) by repealing paragraph (c) and substituting the following:

(b) by repealing paragraph (d) and substituting the following:

(d) a Chief Building Inspector;

(d) by repealing paragraph (h) and substituting the following:

(h) a local government;

(e) by repealing paragraph (i).

115( 28) Section 61 of the Act is amended

(a) in subsection (1)

( i) in paragraph (e) by striking out “a municipality or rural community” and substituting “a local government”;

( ii) in paragraph (o) by striking out “municipalities, rural communities” and substituting “local governments”;

( iii) in subparagraph (w)(iii) by striking out “a Municipal Chief Building Inspector or a Rural Community Chief Building Inspector” and substituting “a Chief Building Inspector”;

(b) in subsection (2)

( i) in the portion preceding paragraph (a) by striking out “unincorporated areas” and substituting “local service districts”;

( ii) in paragraph (m) by striking out “unincorporated areas” and substituting “local service districts”.

115( 29) Section 62 of the Act is amended by striking out “subsection 27.2(2) of the Municipalities Act” and substituting “subsection 161(4) of the Local Governance Act”.

115( 30) The heading “Building by-laws enacted under section 59 of the Community Planning Act” preceding section 63 of the Act is amended by striking out “section 59” and substituting “section 62”.

115( 31) Section 63 of the Act is amended

(a) in subsection (1) by striking out “section 59 of the Community Planning Act” and substituting “section 62 of the Community Planning Act”;

(b) in subsection (2) by striking out “section 59 of the Community Planning Act” and substituting “section 62 of the Community Planning Act”.

115( 32) The heading “Appeals under section 86 of the Community Planning Act” preceding section 65 of the Act is amended by striking out “section 86” and substituting “section 120”.

115( 33) Section 65 of the Act is amended by striking out “section 86 of the Community Planning Act” and substituting “section 120 of the Community Planning Act”.

115( 34) The heading “Applications under section 94 of the Community Planning Act” preceding section 66 of the Act is amended by striking out “section 94” and substituting “section 135”.

115( 35) Section 66 of the Act is amended

(a) in the portion preceding paragraph (a) by striking out “section 94 of the Community Planning Act” and substituting “section 135 of the Community Planning Act”;

(b) in paragraph (a)

( i) in subparagraph (i) by striking out “section 59” and substituting “section 62”;

( ii) in subparagraph (iii) by striking out “subsection 87(1) or (2)” and substituting “subsection 121(1) or (2)”.

115( 36) The heading “Applications under section 94.1 of the Community Planning Act” preceding section 67 of the Act is amended by striking out “section 94.1” and substituting “section 136”.

115( 37) Section 67 of the Act is repealed and the following is substituted:

67 If, before the commencement of this section, an application was made to the court under section 136 of the Community Planning Act with respect to the operation or non-enforcement of a building by-law enacted under section 62 of that Act or a resolution or order of a council concerning construction or demolition work, the court shall proceed with the application in accordance with section 136 of that Act.

115( 38) The heading “Amendments to Municipalities Act” preceding section 70 of the Act is repealed.

115( 39) Section 70 of the Act is repealed.

New Brunswick Highway Corporation Act

116 Subsection 6(2) of the New Brunswick Highway Corporation Act, chapter N-5.11 of the Acts of New Brunswick, 1995, is amended

(a) in paragraph (c) by striking out “a municipality or rural community” and substituting “a local government”;

(b) in subparagraph (d)(ii) by striking out “a municipality or rural community” and substituting “a local government”.

Regulation under the New Brunswick Highway Corporation Act

117 Subsection 10(2) of New Brunswick Regulation 2009-156 under the New Brunswick Highway Corporation Act is amended by striking out “Municipalities and rural communities” and substituting “Local governments”.

New Brunswick Housing Act

118( 1) Subsection 1(1) of the New Brunswick Housing Act, chapter N-6 of the Revised Statutes, 1973, is amended by repealing the definition “municipality” and substituting the following:

“municipality” means a local government as defined in subsection 1(1) of the Local Governance Act; (municipalité)

118( 2) Section 20 of the Act is amended in the portion preceding paragraph (a) by striking out “section 110 of the Municipalities Act” and substituting “the Local Governance Act”.

New Brunswick Municipal Finance Corporation Act

119( 1) Section 1 of the New Brunswick Municipal Finance Corporation Act, chapter N-6.2 of the Acts of New Brunswick, 1982, is amended by repealing the definition “municipality” and substituting the following:

“municipality” means city, town or village and includes (municipalité)

(a) a water or wastewater commission constituted or continued under section 15.2 of the Clean Environment Act,

(b) a regional service commission established under the Regional Service Delivery Act;

(d) a regional municipality.

119( 2) Subsection 13(3) of the Act is amended by striking out “section 90, 189 or 190.085 of the Municipalities Act” and substituting “section 101 or 117 of the Local Governance Act”.

119( 3) Paragraph 14(3)(b) of the Act is repealed and the following is substituted:

(b) raise, in accordance with section 172 of the Local Governance Act, the money required for the portions of the payment for which the participating unincorporated areas are responsible in accordance with the Regional Service Delivery Act.

New Brunswick Public Libraries Act

120 Section 1 of the New Brunswick Public Libraries Act, chapter 194 of the Revised Statutes, 2011, is amended by repealing the definition “municipality” and substituting the following:

“municipality” means a local government as defined in subsection 1(1) of the Local Governance Act. (municipalité)

Occupational Health and Safety Act

121 Subsection 4(2) of the Occupational Health and Safety Act, chapter O-0.2 of the Acts of New Brunswick, 1983, is amended by striking out “with municipalities or rural communities” and substituting “with local governments”.

Regulation under the Occupational Health and Safety Act

122( 1) Section 2 of New Brunswick Regulation 91-191 under the Occupational Health and Safety Act is amended in the definition “firefighter” by striking out “a municipality, rural community” and substituting “a local government”.

122( 2) Subsection 360(1) of the Regulation is amended in the definition “woods road” by striking out “a municipal road, rural community road” and substituting “a local government road”.

Official Languages Act

123 Section 1 of the Official Languages Act, chapter O-0.5 of the Acts of New Brunswick, 2002, is amended

(a) in the definition “city” by striking out “section 16 of the Municipalities Act” and substituting “subsection 22(2) of the Local Governance Act”;

(b) in the definition “municipality” by striking out “section 1 of the Municipalities Act” and substituting “subsection 1(1) of the Local Governance Act”.

Off-Road Vehicle Act

124 Section 1 of the Off-Road Vehicle Act, chapter O-1.5 of the Acts of New Brunswick, 1985, is amended by repealing the definition “municipality” and substituting the following:

“municipality” means a local government as defined in subsection 1(1) of the Local Governance Act; (municipalité)

Regulation under the Oil and Natural Gas Act

125 Section 2 of New Brunswick Regulation 86-191 under the Oil and Natural Gas Act is amended by repealing the definition “municipality” and substituting the following:

“municipality” means a local government as defined in subsection 1(1) of the Local Governance Act; (municipalité)

Ombud Act

126 Schedule A of the Ombud Act, chapter O-5 of the Revised Statutes, 1973, is amended by repealing section 3 and substituting the following:

3 Local governments

Opportunities New Brunswick Act

127 Paragraph 5(c) of the Opportunities New Brunswick Act, chapter 2 of the Acts of New Brunswick, 2015, is amended by striking out “or a municipality, a rural community” and substituting “, a local government”.

Parks Act

128( 1) Section 1 of the Parks Act, chapter 202 of the Revised Statutes, 2011, is amended by adding the following definition in alphabetical order:

“local government” means a local government as defined in subsection 1(1) of the Local Governance Act. (gouvernement local)

128( 2) Paragraph 5(1)(b) of the Act is amended

(a) by repealing subparagraph (v) and substituting the following:

( v) a local government, or

(b) in the portion following subparagraph (vi) by striking out “a municipality, a rural community” and substituting “a local government”.

128( 3) Section 8 of the Act is repealed and the following is substituted:

Provincial park deemed separate entity

8 For local government purposes, land set apart as a provincial park or added to a provincial park, so long as it remains part of the provincial park, shall be deemed to be separated from the local government of which it formed a part immediately before it became a provincial park or part of a provincial park.

Pension Benefits Act

129( 1) Subsection 1(1) of the Pension Benefits Act, chapter P-5.1 of the Acts of New Brunswick, 1987, is amended in the definition “multi-employer pension plan” by striking out “municipal or rural community by-law” and substituting “local government by-law”.

129( 2) Section 100.52 of the Act is amended

(a) in subsection (1) by striking out “Municipalities Act” and substituting “Local Governance Act”;

(b) in subsection (2) by striking out “Municipalities Act” and substituting “Local Governance Act”;

(d) in subsection (3.1) by striking out “Municipalities Act” and substituting “Local Governance Act”;

(e) in subsection (3.2) by striking out “Municipalities Act” and substituting “Local Governance Act”;

(f) in subsection (4) by striking out “Municipalities Act” and substituting “Local Governance Act”.

129( 3) Section 100.53 of the Act is amended in the portion preceding paragraph (a) by striking out “Municipalities Act” and substituting “Local Governance Act”.

129( 4) Subsection 100.81(2) of the Act is amended in the portion preceding paragraph (a) by striking out “Municipalities Act” and substituting “Local Governance Act”.

Personal Property Security Act

130 Subsection 69(1) of the Personal Property Security Act, chapter P-7.1 of the Acts of New Brunswick, 1993, is amended

(a) in paragraph (c) in the portion preceding subparagraph (i) by striking out “municipality” and substituting “local government”;

(b) by repealing paragraph (d) and substituting the following:

(d) a local government

( i) by leaving it with the mayor, deputy mayor, clerk or any solicitor of the local government, or

( ii) by sending it by registered mail addressed to the local government, or to the mayor, deputy mayor, clerk or any solicitor of the local government, at the principal office of the local government,

Regulation under the Pesticides Control Act

131 Paragraph 11(1)(a) of New Brunswick Regulation 96-126 under the Pesticides Control Act is amended by striking out “municipal or rural community” and substituting “local government”.

Pipeline Act, 2005

132( 1) Section 1 of the Pipeline Act, 2005, chapter P-8.5 of the Acts of New Brunswick, 2005, is amended

(a) in the definition “standard construction regulation” by striking out “municipalities and planning districts” and substituting “local governments”;

(b) by adding the following definition in alphabetical order:

“local government” means a local government as defined in subsection 1(1) of the Local Governance Act. (gouvernement local)

132( 2) Section 6 of the Act is amended

(a) in subsection (1) by striking out “municipality” and substituting “local government”;

(b) in subsection (2) by striking out “municipality” and substituting “local government”.

132( 3) Section 9 of the Act is amended

(a) by repealing subsection (1) and substituting the following:

9( 1) The Board shall decide any disagreement between a gas distributor and a local government, or any official of a local government, about whether the gas distributor must comply with a requirement of the standard construction regulation, a by-law or regulation under the Community Planning Act, or about whether a time limit in the standard construction regulation is appropriate in the circumstances.

(b) in subsection (2) in the portion preceding paragraph (a) by striking out “or of subsection 7(5) of the Municipalities Act”;

(c) in subsection (3) by striking out “sections 92 to 98 of the Community Planning Act” and substituting “sections 129, 130 and 133 to 139 of the Community Planning Act”.

132( 4) Paragraph 78(1)(j) of the Act is amended by striking out “municipalities or rural communities either in or outside of a planning district under the Community Planning Act and in unincorporated areas” and substituting “local governments and in local service districts”.

Regulations under the Pipeline Act, 2005

133( 1) Section 23 of New Brunswick Regulation 2006-2 under the Pipeline Act, 2005, is amended by striking out “municipal” and substituting “local government”.

133( 2) Paragraph 31(3)(j) of the Regulation is amended by striking out “municipal governments” and substituting “local governments”.

Regulations under the Pipeline Act, 2005

134 Section 8 of New Brunswick Regulation 2006-3 under the Pipeline Act, 2005, is amended

(a) in subparagraph (6)(a)(ii) by striking out “municipal” and substituting “local government”;

(b) in paragraph (8)(a) by striking out “municipal” and substituting “local government”.

Plumbing Installation and Inspection Act

135( 1) Paragraph 5(4)(b) of the Plumbing Installation and Inspection Act, chapter 126 of the Revised Statutes, 2014, is amended by striking out “municipalities and rural communities” and substituting “local governments”.

135( 2) Section 9 of the Act is amended

(a) in the portion preceding paragraph (a) by striking out “municipality or rural community” and substituting “local government”;

(b) in paragraph (c) by striking out “municipal plumbing inspectors” and substituting “local government plumbing inspectors”.

135( 3) Section 11 of the Act is amended by striking out “municipality or rural community” and substituting “local government”.

Regulation under the Plumbing Installation and Inspection Act

136 Section 13 of New Brunswick Regulation 84-187 under the Plumbing Installation and Inspection Act is amended

(a) in subsection (4) by striking out “A municipality or rural community” and substituting “A local government”;

(b) in subsection (5) of the French version by striking out “un secteur de la province non constitué en municipalité” and substituting “une région de la province non constituée en gouvernement local”.

Police Act

137( 1) Section 1 of the Police Act, chapter P-9.2 of the Acts of New Brunswick, 1977, is amended

(a) by repealing the definition “council” and substituting the following:

“council” means the council of a municipality and includes, unless the context requires otherwise, the council of a rural community or regional municipality; (conseil)

(b) by repealing the definition “councillor” and substituting the following:

“councillor” means a councillor of a municipality and includes, unless the context requires otherwise, a councillor of a rural community or regional municipality; (conseiller)

“municipality” means a city, town or village and includes, unless the context requires otherwise, a rural community or regional municipality; (municipalité)

(d) in the definition “mayor” by striking out “a rural community mayor” and substituting “a mayor of a rural community or regional municipality”.

137( 2) Subsection 3(1.1) of the Act is repealed and the following is substituted:

3( 1.1) A rural community or a regional municipality shall be responsible for providing and maintaining adequate police services within the whole rural community or regional municipality, as the case may be, if it has made a by-law with respect to the provision of police services under subsection 10(4) of the Local Governance Act.

137( 3) Section 7 of the Act is amended

(a) by repealing subsection (1.01) and substituting the following:

7( 1.01) A rural community or regional municipality shall not pass a resolution under subsection (1) unless it has made a by-law with respect to the provision of police services under subsection 10(4) of the Local Governance Act.

(b) in subsection (1.1) by striking out the portion preceding paragraph (a) and substituting the following:

7( 1.1) The board shall

(c) in subsection (18) by striking out “section 162 or 163 of the Municipalities Act,” and substituting “section 162 of the Municipalities Act, chapter M-22 of the Revised Statutes, 1973, or section 188 of the Local Governance Act,”;

(d) in subsection (19) by striking out “section 162 or 163 of the Municipalities Act,” and substituting “section 162 of the Municipalities Act, chapter M-22 of the Revised Statutes, 1973, or section 188 of the Local Governance Act,”.

137( 4) Section 14 of the Act is amended

(a) by repealing subsection (1);

(b) by repealing subsection (2);

14( 3) Within the territorial boundaries of the municipality for which a by-law enforcement officer is appointed, the by-law enforcement officer has the powers and immunities of a police officer for the purposes of enforcing the by-laws of the municipality for which he or she is appointed as are stipulated in the appointment, but has in no other regard the powers or immunities of a police officer.

137( 5) Subsection 17.05(3) of the Act is amended by striking out “section 82 of the Municipalities Act respecting municipal audits” and substituting “section 79 of the Local Governance Act respecting audits”.

137( 6) Subsection 17.2(4) of the Act is amended by striking out “section 82 of the Municipalities Act respecting municipal audits apply mutatis mutandis” and substituting “section 79 of the Local Governance Act respecting audits apply with the necessary modifications”.

Private Investigators and Security Services Act

138 Paragraph 2(a) of the Private Investigators and Security Services Act, chapter 209 of the Revised Statutes, 2011, is amended

(a) in subparagraph (i) by striking out “a municipality, a rural community” and substituting “a local government”;

(b) in subparagraph (iii) by striking out “of a municipality or rural community” and substituting “of a local government”.

Regulation under the Private Investigators and Security Services Act

139( 1) Section 2 of the New Brunswick Regulation 84-103 under the Private Investigators and Security Services Act is amended by repealing the definition “municipal police force” and substituting the following:

“municipal police force” includes the police force of a rural community or a regional municipality; (corps de police municipal)

139( 2) Paragraph 11(b) of the Regulation is amended by striking out “the municipality or rural community” and substituting “the local government”.

Proceedings Against the Crown Act

140 Paragraph 2(2)(b) of the Proceedings Against the Crown Act, chapter P-18 of the Revised Statutes, 1973, is amended by striking out “a municipal corporation” and substituting “a local government incorporated or continued under the Local Governance Act”.

Procurement Act

141( 1) Section 1 of the Procurement Act, chapter 20 of the Acts of New Brunswick, 2012, is amended by adding the following definition in alphabetical order:

“local government” means a local government as defined in subsection 1(1) of the Local Governance Act. (gouvernement local)

141( 2) Section 7 of the Act is amended

(a) in paragraph (b) by striking out “a municipality, a rural community” and substituting “a local government”;

(b) in subparagraph (d)(i) by striking out “a municipality, a rural community” and substituting “a local government”.

141( 3) Section 16 of the Act is amended

(a) in paragraph (c) by striking out “a municipality, a rural community” and substituting “a local government”;

(b) in subparagraph (e)(i) by striking out “a municipality, a rural community” and substituting “a local government”.

Regulation under the Procurement Act

142 Schedule B of New Brunswick Regulation 2014-93 under the Procurement Act is amended

(a) by striking out

Municipalities as defined in the Municipalities Act

Regional municipalities incorporated under the Municipalities Act

Rural communities as defined in the Municipalities Act

(b) by adding the following in alphabetical order:

Local governments as defined in the Local Governance Act

Property Act

143 Subsection 26(1) of the Property Act, chapter P-19 of the Revised Statutes, 1973, is amended by striking out “a municipality, a local service district, a rural community under the Municipalities Act” and substituting “a local government or local service district”.

Provincial Offences Procedure Act

144( 1) Subsection 1(1) of the Provincial Offences Procedure Act, chapter P-22.1 of the Acts of New Brunswick, 1987, is amended in the definition “corporation”

(a) by repealing paragraph (a) and substituting the following:

(a) a local government, and

(b) by repealing paragraph (a.1).

144( 2) Subsection 101(2) of the Act is amended

(a) by repealing paragraph (b) and substituting the following:

(b) in the case of a local government, to the mayor, deputy mayor, chief administrative officer, clerk, assistant clerk or other chief officer of the local government or to the solicitor for the local government,

(b) by repealing paragraph (b.1).

144( 3) Section 115 of the Act is amended

(a) by repealing subsection (3) and substituting the following:

115( 3) When payment of a fixed penalty recovered for the breach of a by-law of a local government is accepted under this Act by the local government, the local government shall retain the fixed penalty.

(b) by repealing paragraph (4)(a) and substituting the following:

(a) in the case of a fixed penalty recovered for the breach of a by-law of a local government, forward the remainder of the fixed penalty to the local government, and

( i) by striking out the portion preceding paragraph (a) and substituting the following:

115( 5) When payment of a fixed penalty recovered for the breach of a by-law of a local government is accepted under this Act by a person other than Service New Brunswick or the local government,

( ii) in paragraph (a) by striking out “the municipality or rural community” and substituting “the local government”;

( iii) in paragraph (b) by striking out “the municipality or rural community” and substituting “the local government”.

Regulations under the Provincial Offences Procedure Act

145 Section 4 of New Brunswick Regulation 81-214 under the Provincial Offences Procedure Act is repealed and the following is substituted:

4 Despite section 2, witness fees are not payable to persons who are employees of

(a) the federal government,

(b) the Province, or

Regulations under the Provincial Offences Procedure Act

146 Section 3 of New Brunswick Regulation 91-50 under the Provincial Offences Procedure Act is amended

(a) in subsection (1),

( i) in paragraph (a)

( A) in the portion preceding subparagraph (i) by striking out “enacted by a municipality” and substituting “made by a local government”;

( B) in subparagraph (ii) by striking out “enacted by a municipality” and substituting “made by a local government”;

( ii) by adding the following after paragraph (c):

(c.1) an offence under subsection 145(4) of the Local Governance Act, and offences created by by-laws made under paragraph 10(1)(d) or (e) of that Act;

(b) in subsection (2) by adding the following after paragraph (d):

(d.1) in respect of prescribed offences specified in paragraph (1)(c.1), by-law enforcement officers appointed under section 72 of the Local Governance Act;

Provincial Offences Procedure for Young Persons Act

147 Subparagraph 13(1)(c)(iii) of the Provincial Offences Procedure for Young Persons Act, chapter P-22.2 of the Acts of New Brunswick, 1987, is amended by striking out “of a municipality or rural community” and substituting “of a local government”.

Public Health Act

148( 1) Section 1 of the Public Health Act, chapter P-22.4 of the Acts of New Brunswick, 1998, is amended

(a) by repealing the definition “public water supply system” and substituting the following:

“public water supply system” means a water supply system that is owned or operated by a local government or the Crown in right of the Province and includes such other water supply systems owned or operated by other persons as are prescribed by the regulations; (réseau public d’adduction d’eau)

(b) in paragraph (c) of the definition “occupier” by striking out “municipal or rural community taxes” and substituting “local government taxes”.

148( 2) Paragraph 58(1)(c) of the Act is amended by striking out “(Canada), a municipality or a rural community” and substituting “(Canada) or a local government”.

Public Records Act

149 Section 1 of the Public Records Act, chapter 213 of the Revised Statutes, 2011, is repealed and the following is substituted:

Public records vest in Crown

1 The books, papers and records kept by or in the custody of an officer of the Province or a local government in the carrying out of his or her duty as that officer are vested in Her Majesty the Queen and her successors.

Public Works Act

150 Section 29 of the Public Works Act, chapter 108 of the Revised Statutes, 2016, is amended by striking out “a municipality, a rural community” and substituting “a local government”.

Queen’s Printer Act

151 Subsection 7(2) of the Queen’s Printer Act, chapter 214 of the Revised Statutes, 2011, is amended by striking out “a municipal or other local authority” and substituting “a local government or other local authority”.

Real Property Tax Act

152( 1) Section 1 of the Real Property Tax Act, chapter R-2 of the Revised Statutes, 1973, is amended by adding the following definition in alphabetical order:

“rural community” includes a regional municipality incorporated or continued under the Local Governance Act; (communauté rurale)

152( 2) Paragraph 4(1)(b) of the Act is amended by striking out “Municipalities Act” and substituting “Local Governance Act”.

152( 3) Section 5 of the Act is amended

(a) in subsection (2)

( i) by repealing paragraph (a) and substituting the following:

(a) each year every municipality shall, by resolution of its council under subsection 99(2) of the Local Governance Act, impose a tax on all real property within the municipality, at the rate fixed under section 99 of the Local Governance Act on all residential property within the municipality and at one and one-half times that rate on all non-residential property within the municipality;

( ii) by repealing paragraph (a.1) and substituting the following:

(a.1) each year every rural community shall, by resolution of its council under subsection 99(2) of the Local Governance Act, impose a tax on all real property within the rural community, at the rate fixed under section 99 of the Local Governance Act on all residential property within the rural community and at one and one-half times that rate on all non-residential property within the rural community;

( iii) in paragraph (c) by striking out “Municipalities Act” and substituting “Local Governance Act”;

( iv) in paragraph (d) by striking out “Municipalities Act” and substituting “Local Governance Act”;

(b) in subsection (2.01) by striking out “Municipalities Act” and substituting “Local Governance Act”;

(c) in subsection (4.3) by striking out “a by-law under subsection 190.079(1) of the Municipalities Act” and substituting “a by-law under section 10 of the Local Governance Act”;

(d) in subsection (4.31) by striking out “a by-law under subsection 190.079(1) of the Municipalities Act” and substituting “a by-law under section 10 of the Local Governance Act”;

(e) in subsection (4.4) by striking out “of the Municipalities Act” and substituting “ of the Municipalities Act, chapter M-22 of the Revised Statutes, 1973,”;

(f) in subsection (4.41) by striking out “paragraph 14.1(5)(f) of the Municipalities Act” and substituting “paragraph 32(1)(c) of the Local Governance Act”.

152( 4) Section 5.01 of the Act is amended

(a) in subsection (1)

( i) by repealing the definition “municipal tax base” and substituting the following:

“municipal tax base” means a municipal tax base as defined in the Local Governance Act and adjusted in accordance with 99(5) of that Act. (assiette fiscale municipale)

( ii) by repealing the definition “rural community tax base” and substituting the following:

“rural community tax base” means (assiette fiscale de la communauté rurale)

(a) a rural community tax base as defined in the Local Governance Act and adjusted in accordance with subsection 99(5) of that Act, or

(b) a regional municipality tax base as defined in the Local Governance Act and adjusted in accordance with subsection 99(5) of that Act.

( iii) in the definition “local service district tax base” by striking out “Municipalities Act” and substituting “Local Governance Act”;

( iv) in the definition “rate” by striking out “the rate of tax referred to in subparagraph 19(9)(c)(iii) or paragraph 27.01(1)(c), 87(2)(c), 190.081(2)(c) or 190.082(5)(d) of the Municipalities Act” and substituting “the rate of tax referred to in subparagraph 35(10)(c)(iii) or paragraph 99(2)(c), 110(d) or 173(1)(d) of the Local Governance Act”.

(b) in subsection (3)

( i) in paragraph (b) by striking out “subparagraph 19(9)(c)(ii) or paragraph 87(2)(b) of the Municipalities Act” and substituting “subparagraph 35(10)(c)(ii) or paragraph 99(2)(b) of the Local Governance Act”;

( ii) in paragraph (d) by striking out “subparagraph 19(9)(c)(ii) or paragraph 190.081(2)(b) of the Municipalities Act” and substituting “subparagraph 35(10)(c)(ii) or paragraph 99(2)(b) of the Local Governance Act”;

( iii) in paragraph (e) by striking out “paragraph 27.01(1)(b) or 190.082(5)(b) of the Municipalities Act” and substituting “paragraph 110(b) or 173(1)(b) of the Local Governance Act”;

( iv) in paragraph (f) by striking out “a municipal council or rural community council” and substituting “a council”;

( i) by repealing paragraph (a) and substituting the following:

(a) every rate fixed under subparagraph 35(10)(c)(iii) and paragraph 99(2)(c) of the Local Governance Act;

( ii) by repealing paragraph (c) and substituting the following:

( iii) by repealing paragraph (e) and substituting the following:

(e) every rate fixed under paragraph 110(d) or 173(1)(c) of the Local Governance Act;

152( 5) Section 6 of the Act is amended

(a) by repealing subparagraph (1)(b)(i) and substituting the following:

( i) under section 194 of the Municipalities Act, chapter M-22 of the Revised Statutes, 1973.

(b) in subsection (2) by striking out “subsection 87(2) of the Municipalities Act” and substituting “subsection 99(2) of the Local Governance Act”;

(c) in subsection (2.1) by striking out “subsection 87(2) of the Municipalities Act” and substituting “subsection 99(2) of the Local Governance Act”;

(d) in subsection (4) by striking out “subsection 190.081(2) of the Municipalities Act” and substituting “subsection 99(2) of the Local Governance Act”;

(e) in subsection (5) by striking out “subsection 190.081(2) of the Municipalities Act” and substituting “subsection 99(2) of the Local Governance Act”.

152( 6) Subsection 10(5) of the Act is amended

(a) in the portion preceding paragraph (a) by striking out “section 190.061 of the Municipalities Act” and substituting “section 143 of the Local Governance Act”;

(b) in subparagraph (a)(iii) by striking out “section 190.061 of the Municipalities Act” and substituting “section 143 of the Local Governance Act”.

152( 7) Subsection 11(1) of the Act is amended by striking out “section 194 of the Municipalities Act” and substituting “section 194 of the Municipalities Act, chapter M-22 of the Revised Statutes, 1973”.

Regulation under the Real Property Transfer Tax Act

153 Section 3 of New Brunswick Regulation 83-106 under the Real Property Transfer Tax Act is amended

(a) in paragraph (a) by striking out “a municipality or a rural community” and substituting “a local government”;

(b) in paragraph (c) by striking out “section 189 of the Municipalities Act” and substituting “section 117 of the Local Governance Act”.

Referendum Act

154( 1) Section 1 of the Referendum Act, chapter 23 of the Acts of New Brunswick, 2011, is amended in the definition “qualified elector” by repealing paragraph (b) and substituting the following:

(b) if a referendum is held in conjunction with general elections under the Local Governance Act, a person entitled to vote under the Municipal Elections Act, and

154( 2) Paragraph 7(3)(d) of the Act is amended by striking out “quadrennial elections under the Municipalities Act” and substituting “general elections under the Local Governance Act”.

154( 3) Paragraph 8(1)(b) of the Act is repealed and the following is substituted:

(b) general elections under the Local Governance Act.

154( 4) Subsection 17(2) of the Act is amended by striking out “quadrennial elections under the Municipalities Act” and substituting “general elections under the Local Governance Act”.

Regulations under the Referendum Act

155( 1) Section 3 of New Brunswick Regulation 2012-55 under the Referendum Act is amended by striking out “quadrennial elections held under the Municipalities Act” and substituting “general elections held under the Local Governance Act”.

155( 2) Paragraph 4(2)(a) of the Regulation is amended by striking out “quadrennial election” and substituting “general election”.

Regulations under the Referendum Act

156 Section 3 of New Brunswick Regulation 2012-56 under the Referendum Act is amended by striking out “quadrennial elections held under the Municipalities Act” and substituting “general elections held under the Local Governance Act”.

Regional Development Corporation Act

157 Paragraph 5(d) of the Regional Development Corporation Act, chapter 216 of the Revised Statutes, 2011, is amended by striking out “municipalities and rural communities” and substituting “local governments”.

Regulation under the Regional Development Corporation Act

158 Paragraph 3(b) of New Brunswick Regulation 84-67 under the Regional Development Corporation Act is amended by striking out “any municipality or rural community” and substituting “any local government”.

Regional Health Authorities Act

159( 1) Paragraph 13(e) of the Regional Health Authorities Act, chapter 217 of the Revised Statutes, 2011, is repealed and the following is substituted:

(e) a local government, or

159( 2) Paragraph 37(f) of the Act is repealed and the following is substituted:

(f) a local government, or

Regulation under the Regional Health Authorities Act

160( 1) Subsection 6(2) of New Brunswick Regulation 2012-7 under the Regional Health Authorities Act is amended

(a) by repealing paragraph (a) and substituting the following:

(a) in the case of a local government incorporated or continued in a regulation under the Municipalities Act, chapter M-22 of the Revised Statutes, 1973, the name identified in that regulation;

(b) by adding the following after paragraph (a):

(a.1) in the case of a local government incorporated or continued in a regulation under the Local Governance Act, the name identified in that regulation;

160( 2) Subsection 7(1) of the Regulation is amended by striking out “the quadrennial elections held under the Municipalities Act” and substituting “the general elections held under the Local Governance Act”.

160( 3) Subsection 11(11) of the Regulation is amended by striking out “or rural community”.

Regional Service Delivery Act

161( 1) Section 1 of the Regional Service Delivery Act, chapter 37 of the Acts of New Brunswick, 2012, is amended

(a) by repealing the definition “municipal plan” and substituting the following:

“municipal plan” means a municipal plan adopted under section 21 of the Community Planning Act. (plan municipal)

(b) by repealing the definition “regional plan” and substituting the following:

“regional plan” means a regional plan under section 18 of the Community Planning Act. (plan régional)

(c) in the definition “member” by striking out “a municipality, a rural community” and substituting “a local government”;

(d) in the definition “rural plan” by striking out “subsection 27.2(1), 77(2.1) or 77.2(1)” and substituting “section 33, 44 or 51”;

(e) by adding the following definition in alphabetical order:

“local government” means a local government as defined in subsection 1(1) of the Local Governance Act. (gouvernement local)

161( 2) Paragraph 9(2)(a) of the Act is amended by striking out “each municipality or rural community” and substituting “each local government”.

161( 3) Paragraph 10(1)(a) of the Act is amended by striking out “each municipality or rural community” and substituting “each local government”.

161( 4) Section 20 of the Act is amended

(a) in subsection (1) by striking out “a council of a municipality, a rural community council” and substituting “a council of a local government”;

(b) by repealing subsection (2) and substituting the following:

20( 2) If a local government is in arrears for a period in excess of 90 days with respect to any payment due under subsection (1), the Minister may make the payment to the Commission and deduct a similar amount from any money owed by the Province to the local government.

161( 5) Subsection 23(1) of the Act is amended by striking out “sections 17 to 22” and substituting “sections 18 to 20”.

161( 6) Section 24 of the Act is amended

(a) in subsection (1)

( i) in paragraph (a)

( A) in subparagraph (i)

( I) in the portion preceding clause (A) by striking out “paragraph 34(3)(g) or (h) or paragraph 34(4)(c)” and substituting “paragraph 53(2)(h) or (i) or paragraph 53(3)(c)”;

( II) in clause (A) by striking out “subsection 27.2(1), or 77.2(5)” and substituting “subsection 33(1) or 44(6)”;

( III) in clause (B) by striking out “paragraph 77(6)(a)” and substituting “125(9)(a)”;

( B) by repealing subparagraph (ii) and substituting the following:

( ii) sections 55, 56 and 78, paragraphs 125(10)(e) and 125(11)(b) of the Community Planning Act, with respect to certain proposed uses and to variance,

( C) in subparagraph (iii) by striking out “subsections 40(2) and (4)” and substituting “subsections 60(2) and (4)”;

( D) by repealing subparagraph (iv) and substituting the following:

( iv) any subdivision by-law provision under paragraph 75(1)(c), (f) or (l) of the Community Planning Act, with respect to approval of an access, the location of land for public purposes and street names, respectively, and under paragraph 75(1)(k) of the Community Planning Act and any similar subdivision regulation provision under paragraph 125(10)(c) of the Community Planning Act, with respect to approval of a subdivision plan, and

( E) in subparagraph (v) by striking out “subsection 56(2)” and substituting “subsection 89(4)”;

( ii) in paragraph (b)

( A) in the portion preceding subparagraph (i) by striking out “a municipality or a rural community” and substituting “a local government”;

( B) by repealing subparagraph (i) and substituting the following:

( i) a municipal plan or development scheme for a municipality in the district or a rural plan under section 33 of the Community Planning Act for a village in the district, or

( C) in subparagraph (ii) by striking out “subsection 77(2.1) or 77.2(1)” and substituting “section 44 or 51”;

( iii) in paragraph (c) in the portion preceding subparagraph (i) by striking out “municipalities and rural communities” and substituting “local governments”;

( iv) by repealing paragraph (d) and substituting the following:

(d) if a member is a local government, to give its views to the council of a local government in the region that are proposing to enact a by-law on the proposed by-law or to the Minister on a proposed regulation to be effective in the region, whether or not such views have been requested under section 110 or subsection 125(14) of the Community Planning Act,

( v) in paragraph (e) by striking out “the council of a municipality or rural community council” and substituting “the council of a local government”;

(b) by repealing subsection (3) and substituting the following:

24( 3) A Commission may enter into an agreement

(a) if the member is a local government, with the council of the local government with respect to a plan, statement or scheme prepared under subparagraph (1)(a)(i),

(b) if the member is a local government, with the council of the local government to supply any portion of a land use planning service in the local government at the expense of the local government, and

(c) with one or more councils referred to in paragraph (b) to supply any portion of a land use planning service in the local governments, with the expense to be shared among those members.

161( 7) The heading “Land use planning service in a municipality or rural community” preceding section 25 of the Act is amended by striking out “a municipality or rural community” and substituting “a local government”.

161( 8) Section 25 of the Act is amended

(a) in subsection (1) by striking out “municipalities or rural communities” and substituting “local governments”;

(b) in subsection (2) by striking out “a municipality or a rural community” and substituting “a local government”;

(d) in subsection (4) by striking out “a municipality or a rural community” and substituting “a local government”.

161( 9) Section 28 of the Act is amended by striking out “municipalities or rural communities” and substituting “local governments”.

161( 10) Subsection 29(1) of the Act is amended by striking out “a municipality or a rural community” and substituting “a local government”.

161( 11) Section 33 of the Act is amended by striking out “municipalities and rural communities” and substituting “local governments”.

161( 12) Subsection 36(2) of the Act is amended by striking out “a municipality or a rural community” and substituting “a local government”.

161( 13) Section 37 of the Act is amended

(a) in paragraph (s) by striking out “a municipality or a rural community” and substituting “a local government”;

(b) in paragraph (t) by striking out “a municipality or a rural community” and substituting “a local government”.

Regulation under the Regional Service Delivery Act

162( 1) Section 4 of New Brunswick Regulation 2012-109 under the Regional Service Delivery Act is amended

(a) in paragraph (4)(a) by striking out “the municipality, rural community” and substituting “the local government”;

(b) in subsection (5) by striking out “A municipality, rural community” and substituting “A local government”.

162( 2) The heading “Local support in a municipality or rural community” preceding section 5 of the Regulation is repealed and the following is substituted:

Support in a local government

162( 3) Section 5 of the Regulation is repealed and the following is substituted:

Support in a local government

5 There is sufficient support for an amendment of the boundaries of a region in a local government if the council of the local government passes a resolution supporting the amendment.

162( 4) Subsection 7(2) of the Regulation is amended

(a) in paragraph (a) by striking out “the municipalities and rural communities” and substituting “the local governments”;

(b) in paragraph (b) by striking out “the municipalities and rural communities” and substituting “the local governments”.

162( 5) Section 12 of the Regulation is amended

(a) by repealing paragraph (a) and substituting the following:

(a) in the case of a local government in a region, the deputy mayor; and

(b) by repealing paragraph (b).

162( 6) Subsection 13(3) of the Regulation is amended by striking out “subsection 10.2(4) of the Municipalities Act” and substituting “subsection 68(1) of the Local Governance Act”.

162( 7) Paragraph 15(b) of the Regulation is repealed and the following is substituted:

(b) in the case of any service, other than a common service, if a member that is to receive the service is a local government, the member’s Commission agrees in writing.

162( 8) Section 16 of the Regulation is amended

(a) in subsection (1)

( i) in paragraph (a) by striking out “the municipality, rural community” and substituting “the local government”;

( ii) in paragraph (c)

( A) in subparagraph (i) by striking out “the municipality, rural community” and substituting “the local government”;

( B) in subparagraph (ii) by striking out “the municipality, rural community” and substituting “the local government”;

( iii) by repealing paragraph (d) and substituting the following:

(d) with respect to the costs of planning services in a local government, other than a land use planning service referred to in paragraph (b), based on the tax base of the local government for the previous year.

(b) in subsection (2) by striking out “the municipality, rural community” and substituting “the local government”.

162( 9) Subsection 18(2) of the Regulation is amended by striking out “a municipality or a rural community” and substituting “a local government”.

162( 10) Subsection 19(1) of the Regulation is amended by striking out “the municipalities and rural communities” and substituting “the local governments”.

162( 11) Paragraph 21(1)(g) of the Regulation is amended by striking out “municipal by-laws” and substituting “local government by-laws”.

Registry Act

163 Subsection 46(1) of the Registry Act, chapter R-6 of the Revised Statutes, 1973, is amended by striking out “section 44” and substituting “section 77”.

Regulations Act

164 Section 1 of the Regulations Act, chapter 218 of the Revised Statutes, 2011, is amended by repealing the definition “local authority” and substituting the following:

“local authority” means a local government or local service district and includes every board of police commissioners and other board, commission, committee, body or other authority established or exercising any powers or authority under an Act with respect to any of the affairs or purposes of a local government or local service district. (autorité locale)

Residential Tenancies Act

165( 1) Section 17 of the Residential Tenancies Act, chapter R-10.2 of the Acts of New Brunswick, 1975, is amended by striking out “any office in a municipal or rural community government” and substituting “any office in a local government”.

165( 2) Subsection 29.1(2) of the Act is amended by striking out “, a municipality or a rural community” and substituting “or a local government”.

Right to Information and Protection of Privacy Act

166 Section 1 of the Right to Information and Protection of Privacy Act, chapter R-10.6 of the Acts of New Brunswick, 2009, is amended

(a) in the definition “head”

( i) in paragraph (h) by striking out “a municipality or rural community” and substituting “a municipality, rural community or regional municipality”;

( ii) by repealing paragraph (i) and substituting the following:

(i) in the case of a local service district, the Minister of Environment and Local Government,

(b) in the definition “local government body”

( i) by adding after paragraph (c) the following:

(c.01) a regional municipality,

( ii) in paragraph (d) by striking out “section 90.1 of the Municipalities Act” and substituting “subsection 87(1) of the Local Governance Act”.

Service New Brunswick Act

167 Section 1 of the Service New Brunswick Act, chapter 44 of the Acts of New Brunswick, 2015, is amended by repealing the definition “local government body” and substituting the following:

“local government body” means a municipality, rural community or regional municipality incorporated or continued under the Local Governance Act. (organisme d’administration locale)

Small Business Investor Tax Credit Act

168( 1) Subparagraph 12(f)(ii) of the Small Business Investor Tax Credit Act, chapter 112 of the Revised Statutes, 2016, is amended by striking out “municipality, rural community” and substituting “local government”.

168( 2) Subparagraph 22(2)(b)(iii) of the Act is amended by striking out “municipality, rural community” and substituting “local government”.

Regulation under the Small Claims Act

169 Subsection 50(1) of New Brunswick Regulation 2012-103 under the Small Claims Act is amended

(a) by repealing paragraph (f) and substituting the following:

(f) on a local government, by leaving a copy of it with the mayor, deputy mayor, clerk, assistant clerk or with any solicitor for the local government;

(b) by repealing paragraph (g).

Regulation under the Society for the Prevention of Cruelty to Animals Act

170( 1) The heading “The Municipalities Act does not apply” preceding section 19 of New Brunswick Regulation 2010-74 under the Society for the Prevention of Cruelty to Animals Act is amended by striking out “Municipalities Act” and substituting “Local Governance Act”.

170( 2) Section 19 of the Regulation is amended by striking out “section 96 of the Municipalities Act” and substituting “section 10 of the Local Governance Act”.

Regulation under the Standard Forms of Conveyances Act

171 Schedule C of New Brunswick Regulation 83-132 under the Standard Forms of Conveyances Act is amended in Column Two

(a) in section 17 by striking out “every municipal or rural community” and substituting “every local government”;

(b) in section 30 by striking out “municipal, rural community” and substituting “local government”;

(c) in section 30.1 by striking out “whether municipal, rural community, provincial, federal or otherwise, now charged or hereafter to be charged upon the demised premises or upon the lessor on account thereof, except municipal or rural community taxes for local improvements” and substituting “whether local government, provincial, federal or otherwise, now charged or to be charged on the demised premises or on the lessor on account thereof, except local government taxes for local improvements”.

Statistics Act

172( 1) Section 10 of the Statistics Act, chapter 115 of the Revised Statutes, 2012, is amended by striking out “municipal office, rural community office” and substituting “office of a local government”.

172( 2) Section 13 of the Act is amended

(a) in subsection (1) by striking out “municipality, rural community” and substituting “local government”;

(b) in paragraph (2)(a) by striking out “municipality, rural community” and substituting “local government”.

172( 3) Paragraph 16(3)(a) of the Act is amended by striking out “municipal office, rural community office” and substituting “office of a local government”.

Telephone Companies Act

173 Subsection 8(1) of the Telephone Companies Act, chapter 228 of the Revised Statutes, 2011, is repealed and the following is substituted:

8( 1) If a local government or corporation having authority to construct and operate a long distance telephone service, and to charge telephone tolls, is desirous of using any long distance telephone service or long distance line, owned, controlled or operated by a company, on which service or line the company is authorized to charge telephone tolls, in order to connect the telephone system, service or line, with the telephone system, service or line operated or to be operated by the local government or corporation for the purpose of obtaining direct communication when required between any telephone or telephone exchange on the one telephone system, service, or line, and any telephone or telephone exchange on the other telephone system, service or line, and cannot agree with the company with respect to obtaining the connection or communication or the use, the local government or corporation may apply to the Lieutenant-Governor in Council for relief, and the Lieutenant-Governor in Council may order the company to provide for the connection or communication or use on such terms as to compensation as the Lieutenant-Governor in Council may consider just and expedient, and may order and direct how, when, where, by whom, and on what terms and conditions the connections or communication or use shall be had, constructed, installed, operated and maintained.

Tobacco Tax Act

174 Subsection 21.1(1) of the Tobacco Tax Act, chapter T-7 of the Revised Statutes, 1973, is amended in the definition “peace officer” by striking out “a municipality, rural community” and substituting “a local government”.

Unconscionable Transactions Relief

175 Section 1 of the Unconscionable Transactions Relief Act, chapter 233 of the Revised Statutes, 2011, is amended in the definition “cost of the loan” by striking out “a municipality or rural community” and substituting “a local government”.

Underground Storage Act

176 Subsection 2.1(2) of the Underground Storage Act, chapter U-1.1 of the Acts of New Brunswick, 1978, is amended by striking out “, municipality or rural community” and substituting “or local government”.

Workers’ Compensation Act

177 Section 1 of the Workers’ Compensation Act, chapter W-13 of the Revised Statutes, 1973, is amended by repealing the definition “municipality” and substituting the following:

“municipality” means a local government as defined in subsection 1(1) of the Local Governance Act; (municipalité)

Workplace Health, Safety and Compensation Commission and Workers’ Compensation Appeals Tribunal Act

178 Section 21 of the Workplace Health, Safety and Compensation Commission and Workers’ Compensation Appeals Tribunal, chapter W-14 of the Acts of New Brunswick, 1994, is amended

(a) in paragraph (1)(b.1) by striking out “a municipality or rural community” and substituting “a municipality, rural community or regional municipality”;

(b) in subsection (3.1) by striking out “a municipality or rural community” and substituting “a municipality, rural community or regional municipality”.

CONDITIONAL AMENDMENTS

An Act Respecting Animal Protection

179 If this section comes into force before subsection 2(20) of the Bill entitled An Act Respecting Animal Protection introduced in the third session of the 58th Legislature, paragraph 32(4)(a) of the Society for the Prevention of Cruelty to Animals Act, chapter 132 of the Revised Statutes, 2014, is repealed and the following is substituted:

(a) revenue from animal licence fees collected under the Local Governance Act in areas outside the territorial limits of a local government;

An Act Respecting the Enforcement of Money Judgments Act

180 If this section comes into force before section 25 of An Act Respecting the Enforcement of Money Judgments Act, chapter 32 of the Acts of New Brunswick, 2013, section 25 of that Act is repealed.

An Act Respecting Payday Loans

181( 1) If this section comes into force before An Act Respecting Payday Loans, chapter 3 of the Acts of New Brunswick, 2008,

(a) section 37.1, as enacted by subsection 1(8) of that Act, is amended by repealing the definition “local government agency” and substituting the following:

“local government agency” means a local government as defined in subsection 1(1) of the Local Governance Act, that is designated by regulation as a local government agency. (organisme d’administration locale)

(b) subsection 62(1), as enacted by subsection 1(13) of that Act, is amended by repealing paragraph (aa.12) and substituting the following:

(aa.12) designating a local government, as defined in subsection 1(1) of the Local Governance Act, as a local government agency for the purposes of the definition “local government agency” in section 37.1;

181( 2) If this section comes into force after An Act Respecting Payday Loans, chapter 3 of the Acts of New Brunswick, 2008,

(a) section 37.1 of the Cost of Credit Disclosure and Payday Loans Act, chapter C-28.3 of the Acts of New Brunswick, 2002, is amended by repealing the definition “local government agency” and substituting the following:

(b) subsection 62(1) of the Cost of Credit Disclosure and Payday Loans Act, chapter C-28.3 of the Acts of New Brunswick, 2002, is amended by repealing paragraph (aa.12) and substituting the following:

New Brunswick Building Code Act

182 If this section comes into force before the New Brunswick Building Code Act, chapter N-3.5 of the Acts of New Brunswick, 2009, comes into force, section 68 of that Act is repealed and the following is substituted:

Community Planning Act

68( 1) Subsection 1(1) of the Bill entitled Community Planning Act, introduced in the third session of the 58th Legislature, is amended

(a) by repealing the definition “building inspector” and substituting the following:

“building inspector” means a building inspector as defined in the New Brunswick Building Code Act. (inspecteur des constructions)

(b) in the definition “non-conforming use” in the portion preceding paragraph (a) by striking out “or a development and building permit” and substituting “under the New Brunswick Building Code Act”.

68( 2) Section 62 of the Bill is repealed.

68( 3) Clause 102(1)(b)(i)(B) of the Bill is repealed and the following is substituted:

( B) developments for which no building permit is required under the New Brunswick Building Code Act,

68( 4) Subsection 108(1) of the Bill is amended in the portion preceding paragraph (a) by striking out “or development and building permit” and substituting “no building permit or development and building permit under the New Brunswick Building Code Act”.

68( 5) Subsection 111(2) of the Bill is amended by striking out “or building”.

68( 6) Paragraph 124(1)(h) of the Bill is amended by striking out “or a development and building permit”.

68( 7) Section 125 of the Bill is amended

(a) in subsection (1)

( i) by repealing paragraph (g);

( ii) by repealing paragraph (h);

( iii) by repealing paragraph (i);

(b) by repealing subsection (2);

(c) in paragraph (14)(c) by striking out “paragraph (1)( a), ( b), ( f), ( g), ( h) or ( i)” and substituting “paragraph (1)(a), (b) or (f)”.

Commencement

183 This Act or any provision of it comes into force on a day or days to be fixed by proclamation.