BILL 110

An Act Respecting Local Governance Reform, 2022

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

An Act Respecting Local Governance Reform

1( 1) Section 4 of An Act Respecting Local Governance Reform, chapter 44 of the Acts of New Brunswick, 2021, is amended

(a)  by repealing subsection (26) and substituting the following:

4( 26) Section 69 of the Act is amended

(a)  by repealing subsection (2);

(b)  by repealing subsection (3);

(c)  in subsection (5) of the English version, by striking out “he or she is” and substituting “the member is”;

(d)  in paragraph 7(b), by striking out “see or”.

(b)  in subsection (51) by adding after section 176.31, as enacted by that subsection, the following:

Code of conduct of rural district advisory committees

176.32( 1) The Minister may establish a code of conduct for the members of rural district advisory committees.

176.32( 2) The Regulations Act does not apply to the code of conduct.

1( 2) Section 6 of the Act is amended

(a)  in paragraph (1)(c) by adding to the list of definitions added by that paragraph the following definition in alphabetical order:

“chartered professional accountant” means a member in good standing of the Chartered Professional Accountants of New Brunswick. (comptable professionnel agréé)

(b)  by repealing subsection (6) and substituting the following:

6( 6) Section 6 of the Act is repealed and the following is substituted:

6( 1) Subject to the provisions of this Act, a Commission may provide by agreement

(a)  to one or more of its members, any service, other than a common service, and

(b)  to any other person, other than an individual, any service, including a common service.

6( 2) A Commission may, with respect to a service,

(a)  provide it directly,

(b)  enter into an agreement to have a third party provide it on behalf of the Commission, or

(c)  provide it partly in accordance with paragraph (a) and partly in accordance with paragraph (b).

6( 3) An agreement between a Commission and a third party for the funding of a service shall include the following:

(a)  a requirement for performance indicators;

(b)  a requirement to provide audited financial statements to the Commission;

(c)  a requirement to present quarterly reports to the Board; and

(d)  terms and conditions providing for the close collaboration of third parties with the Chief Executive Officer and the director of finance of the Commission, including regular meetings.

(c)  in paragraph (7)(b) by striking out “fewer than five” in subsection 9(2.1) as enacted by that paragraph and substituting “fewer than six”;

(d)  by repealing subsection (15) and substituting the following:

6( 15) Section 14 of the Act is repealed and the following is substituted:

14( 1) The Chief Executive Officer may, on behalf of a Commission, employ the persons that the Chief Executive Officer considers necessary, including a planning director and a director of finance, to ensure the provision of services under this Act or otherwise fulfil the mandate of the Commission.

14( 2) A director of finance is required to be a chartered professional accountant.

1( 3) Section 11 of the Act is amended

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

11( 3) Nothing in subsection (2) limits a first council’s ability to act under subsection 35(6), (10) or (11) of the Local Governance Act from the time of taking the oath of office or making the affirmation of office until December 31, 2022, inclusive, but, in the event of a conflict, an action taken by the Minister under subsection (2) prevails until that date.

(b)  in subsection (4) by striking out “Subject to subsection (3), on” and substituting “On”.

1( 4) Subsection 13(2) of the Act is repealed and the following is substituted:

13( 2) A by-election shall be held in an affected local government in order to fill the vacancies created by an increase in the number of members of its council, and, except as provided under this section or in a regulation referred to in subsection 9(1), the Municipal Elections Act applies and the by-election shall be held in accordance with the Municipal Elections Act.

1( 5) Section 18 of the Act is amended

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

18( 2) The Municipal Electoral Officer may hold a by-election in conjunction with the elections held on November 28, 2022, to fill a vacancy in a council of a local government in any of the circumstances described in subsection 50(1) of the Local Governance Act, and, for the purposes of the Municipal Elections Act, the by-election shall be deemed to be a general election.

(b)  by adding after subsection (3) the following:

18( 3.1) A person who, on the date of the by-election under subsection (2), is ordinarily resident within the territorial limits of a restructured local government shall be deemed to be ordinarily resident in a municipality for the purposes of paragraph 13(1)(b) of the Municipal Elections Act.

1( 6) Section 24 of the Act is amended

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

24( 2) From the commencement of this section until December 31, 2022, inclusive, and despite any inconsistency with the provisions of the Regional Service Delivery Act, the Minister may

(a)  appoint a Chief Executive Officer for a regional service commission and establish the terms and conditions of the Chief Executive Officer’s appointment,

(b)  contract with any person that the Minister considers necessary to assist a regional service commission to fulfil its expanded mandate,

(c)  adopt the budget of a regional service commission for the 2023 fiscal year, and

(d)  identify the sport, recreational and cultural infrastructure in a region and the sport, recreational and cultural infrastructure that will be required in a region in the future, and if, after making an assessment, the Minister determines that the members of a region shall contribute to the costs of any of the identified infrastructure, the Minister shall coordinate the apportionment of those costs among the members.

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

24( 5) On January 1, 2023, and despite any inconsistency with the provisions of the Regional Service Delivery Act, any action taken by the Minister under subsection (2) shall be deemed to have been validly done by the relevant regional service commission under the powers vested in the Commission under that Act.

1( 7) The Act is amended by adding after section 27 the following:

Processing of requests under the Community Planning Act

27.1( 1) This section applies to the following applications and requests submitted with respect to a service provided by the Minister of Local Government and Local Governance Reform or a regional service commission, as the case may be, in a local service district:

(a)  an application received by a commission under paragraph 53(2)(i) of the Community Planning Act to authorize a development that is otherwise prohibited;

(b)  a request received by a commission under section 55 of the Community Planning Act to authorize a use or a variance; and

(c)  an application received by the Minister under section 59 of the Community Planning Act to amend provisions related to zoning.

27.1( 2) Despite any inconsistency with the provisions of the Community Planning Act, if an application under paragraph (1)(a) or a request under paragraph (1)(b) is made before January 1, 2023, but the regional service commission determines that it is not able to process it before that date, the commission may

(a)  deny the application or request, as the case may be, and reimburse all fees received for processing and considering the application or request under the Fees Regulation – Community Planning Act, or

(b)  refer the application or request, as the case may be, to the restructured local government that would otherwise receive it, if any, had it been made on or after January 1, 2023, and remit to the local government the fees referred to in paragraph (a), in which case the local government shall process the application or request.

27.1( 3) Despite any inconsistency with the provisions of the Community Planning Act, if an application under paragraph (1)(c) is made before January 1, 2023, but the Minister of Local Government and Local Governance Reform determines that the Minister is not able to process the application before that date, the Minister may

(a)  deny the application and request that the relevant regional service commission reimburse the applicant for all fees received for processing and considering the application under subsection 52(9) of the Community Planning Act, or

(b)  refer the application to the restructured local government that would otherwise receive the application, if any, had the application been made on or after January 1, 2023, and request that the relevant regional service commission remit to the local government the fees referred to in paragraph (a), in which case the local government shall process the application.

1( 8) Section 59 of the Act is amended

(a)  in subsection (1) by striking out “Subject to subsection (2)” and substituting “Subject to subsections (2) and (3)”;

(b)  by adding after subsection (2) the following:

59( 3) Subsection 4(27) of this Act comes into force on June 30, 2022.

Assessment and Planning Appeal Board Act

2( 1) Section 2 of the Assessment and Planning Appeal Board Act, chapter 114 of the Revised Statutes, 2011, is amended

(a)  by adding after subsection (1) the following:

2( 1.1) The Lieutenant-Governor in Council may appoint to the Board two alternate members from each region to serve in the place of a member appointed under paragraph (1)(b) from the same region if, for any reason, the member is unable to act.

(b)  in subsection (2)

( i) in the portion preceding paragraph (a) by striking out “may appoint” and substituting “shall appoint”;

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

(a)  none of whom shall be members of the Board appointed under paragraph (1)(b) or subsection (1.1), and

2( 2) Section 6 of the Act is repealed and the following is substituted:

6( 1) Appeals to the Board shall be heard by a panel of two or three members of the Board, consisting of the Chair and one or two members selected by the Chair from the region in which the appeal originates.

6( 2) Despite subsection (1), the Chair may, if the Chair considers it necessary, designate one or two of the following persons to serve on a panel of the Board in place of the member or members from the region in which the appeal originates:

(a)  an alternate member appointed under subsection 2(1.1); or

(b)  a member from another region.

6( 3) For greater certainty, in no case shall a panel of the Board consist of more than three members.

6( 4) Any order, ruling or decision of or any act or thing done by a panel of the Board shall be an order, ruling or decision of or an act or thing done by the Board.

2( 3) The heading “Alternate members” preceding section 9 of the Act is repealed.

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

2( 5) The heading “Hearing of appeal by less than a full panel” preceding section 10 of the Act is repealed and the following is substituted:

Hearing of appeal by the Chair

2( 6) Section 10 of the Act is repealed and the following is substituted:

Hearing of appeal by Chair

10 If the parties consent, an appeal may, for any reason, be heard by the Chair alone.

2( 7) The Act is amended by adding after section 10 the following:

Deciding vote of the Chair

10.1 In the event of a tie on any matter decided during the hearing of an appeal, the Chair shall have the deciding vote.

2( 8) The Act is amended by adding after section 11 the following:

Public notice of hearing

11.1 The Board shall give notice to the public of a hearing in the manner it considers appropriate.

Virtual hearings

11.2( 1) It is permitted to use electronic means of communication in a hearing of the Board if it allows members of the panel and the parties to hear and speak to each other and allows the public to hear the members of the panel and the parties.

11.2( 2) A member of the panel or a party who participates in a hearing in the manner referred to in subsection (1) shall be deemed to be present at the hearing.

2( 9) Paragraph 17(c) of the Act is repealed and the following is substituted:

(c)  respecting the remuneration of members of the Board appointed under paragraph 2(1)(b) or subsection 2(1.1);

Regulation under the Assessment and Planning Appeal Board Act

3( 1) Section 2 of New Brunswick Regulation 2001-89 under the Assessment and Planning Appeal Board Act is amended

(a)  by repealing the definition “New Brunswick Regulation 84-168”;

(b)  by repealing the definition “New Brunswick Regulation 95-36”;

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

“Regulation 2012-91” means New Brunswick Regulation 2012-91 under the Regional Service Delivery Act. (Règlement 2012-91)

3( 2) Section 3 of the Regulation is amended by striking out “eleven regions” and substituting “five regions”.

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

4( 1) Region A is established, which comprises region 1 and region 2 identified in Schedule A of Regulation 2012-91.

4( 2) Region B is established, which comprises region 3, region 4 and region 5 identified in Schedule A of Regulation 2012-91.

4( 3) Region C is established, which comprises region 6 and region 7 identified in Schedule A of Regulation 2012-91.

4( 4) Region D is established, which comprises region 8, region 9 and region 10 identified in Schedule A of Regulation 2012-91.

4( 5) Region E is established, which comprises region 11 and region 12 identified in Schedule A of Regulation 2012-91.

3( 4) Subsection 5(1) of the Regulation is amended

(a)  in the portion preceding paragraph (a) by striking out “subsection 9(1)” and substituting “subsection 2(1.1)”;

(b)  in paragraph (a) by striking out “ $40” and substituting “$80”;

(c)  in paragraph (b) by striking out “$80” and substituting “$160”.

3( 5) Subsection 6(2) of the Regulation is amended by striking out “subsection 9(1)” and substituting “subsection 2(1.1)”.

An Act to Repeal An Act to Comply with the Request of The City of Saint John on Taxation of the LNG Terminal

4 Despite the provisions of An Act to Repeal An Act to Comply with the Request of The City of Saint John on Taxation of the LNG Terminal, chapter 38 of the Acts of New Brunswick, 2016, the reference to December 31, 2030, in subsections 4(1) and (2) and 5(1) of that Act shall be read as a reference to July 1, 2022.

Term of members of the Assessment and Planning Appeal Board

5 Despite the reduction in the number of regions of the Assessment and Planning Appeal Board under subsection 3(3) of this Act, on the commencement of this section, any member who held office immediately before the commencement of this section

(a)  continues in office until the resignation, expiry or revocation of the appointment under section 3 of the Assessment and Planning Appeal Board Act, and

(b)  is deemed to have been appointed to represent the region that includes the region the member represented immediately before the commencement of this section.

Commencement

6 Subsections 1(3) to (8) of this Act shall be deemed to have come into force on December 17, 2021.