Bill 16 - An Act Respecting Local Governance Reform, 2022, no. 2

BILL 16

An Act Respecting Local Governance Reform, 2022, no. 2

His 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 1 of An Act Respecting Local Governance Reform, chapter 44 of the Acts of New Brunswick, 2021, is amended

(a) in subparagraph (26)(d)(ii), by repealing subparagraph (vi.2), as enacted by subparagraph (26)(d)(ii);

(b) in subparagraph (37)(b)(i), by repealing subparagraph (i.2), as enacted by subparagraph (37)(b)(i);

(d) in subsection (77)

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

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

87( 1.1) If a subdivision plan of land provides for the laying out of public or future streets in an area of a municipality where the roads, streets or highways are under the control of the Minister of Transportation and Infrastructure and have not vested in the municipality under the provisions of section 32 of the Highway Act, approval of the plan by the development officer shall not be given until the plan has been assented to by that Minister.

( ii) by adding after paragraph (a) the following:

(a.1) in subsection (2)

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

(a) the regional service commission or the advisory committee, as the case may be, has recommended the location of the streets referred to in subsection (1) or (1.1) to the Minister of Transportation and Infrastructure;

(ii) in subparagraph (b)(ii) of the English version, by striking out “his or her” and substituting “the Minister’s”;

(iii) in paragraph (d) of the English version, by striking out “him or her” and substituting “that Minister”;

(e) by adding after subsection (78) the following:

1( 78.1) Section 88 of the Act is amended by adding after subsection (1) the following:

88( 1.1) Subsection (1) does not apply to the laying out of public or future streets referred to in subsection 87(1.1).

(f) in subparagraph (97)(a)(iii), by repealing the portion preceding subparagraph (b.1)(i), as enacted by subparagraph (97)(a)(iii), and substituting the following:

(b.1) for the purposes of paragraph 53(2)(g.1), prescribing

1( 2) Section 6 of the Act is amended

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

6( 0.1) The Regional Service Delivery Act, chapter 37 of the Acts of New Brunswick, 2012, is amended by repealing the heading “DEFINITIONS” preceding section 1 and substituting the following:

DEFINITIONS AND INTERPRETATION

(b) in subsection (1) by striking out the portion preceding paragraph (a) and substituting the following:

6( 1) Section 1 of the Act is amended

6( 1.1) The Act is amended by adding after section 1 the following:

Determination of population

1.1 For the purposes of this Act, the Minister shall determine the population of a local government or a rural district based on the most recent official population estimate by Statistics Canada.

(d) in subsection (3)

( i) by repealing paragraph 3.1(1)(d), as enacted by subsection (3), and substituting the following:

(d) to identify sport, recreational and cultural infrastructure in the region, to apportion the costs attributable to that infrastructure among its members and to ensure the management of any resulting agreements or contracts,

( ii) by repealing section 3.2, as enacted by subsection (3), and substituting the following:

Regional strategy

3.2( 1) A Commission shall develop and implement a regional strategy in accordance with the regulations, which shall establish priority services and actions with respect to

(a) regional economic development,

(b) regional community development,

(d) regional transportation,

(e) regional infrastructure, and

(f) any other matter prescribed by regulation.

3.2( 2) The form and content of a regional strategy shall be established in accordance with the regulations and shall include any other information required by the Minister.

3.2( 3) Each Commission shall prepare a first regional strategy by July 1, 2023.

3.2( 4) Each Commission shall update its regional strategy in accordance with the schedule prescribed by regulation.

( iii) by repealing section 3.4, as enacted by subsection (3), and substituting the following:

Sport, recreational and cultural infrastructure

3.4( 1) A Commission shall identify, in accordance with the regulations, the sport, recreational and cultural infrastructure in the region and the sport, recreational and cultural infrastructure that will be required in the region in the future.

3.4( 2) The Commission shall conduct an assessment in accordance with the regulations to determine, by resolution, whether any or all of its members shall contribute to the costs attributable to any of the infrastructure that was identified in accordance with subsection (1).

3.4( 3) A Commission shall prepare a report for the Minister on or before June 30 of each year, which shall include

(a) a list of all infrastructure that has been identified in accordance with subsection (1),

(b) a list of any infrastructure to which any or all of its members shall contribute under subsection (2),

(c) the proposed budget for the following year with respect to the apportionment of costs attributable to the infrastructure referred to in paragraph (b), and

(d) a statement of all determinations made under subsection (2) containing, for any infrastructure excluded from the list referred to in paragraph (b),

( i) a description of the consultation conducted on the matter,

( ii) the views of each of its members with respect to the matter,

( iii) the data on which the decision to exclude the infrastructure was based, and

( iv) a detailed explanation of any other factors that led to the decision to exclude the infrastructure.

3.4( 4) On receipt of the report, the Minister shall review the report to determine whether any of the infrastructure set out in the list referred to in paragraph (3)(a) but excluded from the list referred to in paragraph (3)(b) should be subject to an apportionment of costs under subsection (2).

3.4( 5) Subject to subsection (7), within 60 days of receiving the report, the Minister may

(a) approve the list referred to in paragraph (3)(b), or

(b) order the Commission to add to the list referred to in paragraph (3)(b) any of the infrastructure set out in the list referred to in paragraph (3)(a).

3.4( 6) An order made by the Minister under paragraph (5)(b) is deemed to be a determination made by the Commission under subsection (2).

3.4( 7) In no case shall the Minister make an order under paragraph (5)(b) unless the infrastructure has been excluded from the list referred to in paragraph (3)(b) by a determination made under subsection (2) in the year for which the report is made.

(e) by adding after subsection (4) the following:

6( 4.1) The heading “Encourage and facilitate initiatives” preceding section 5 of the Act is repealed.

(f) in paragraph (7)(b) by repealing subsection 9(2.1), as enacted by paragraph (7)(b), and substituting the following:

9( 2.1) If the operation of paragraphs (2)(a) and (b) results in a Board with fewer than six voting members, the council of each local government in the region shall designate one councillor to hold office as a member, and the rural district advisory committee shall designate another member of that committee to hold office as a member.

(g) in subsection (8)

( i) by repealing the heading “Voting rights – matters that affect all members” preceding section 9.1, as enacted by subsection (8), and substituting the following:

Motions decided by one vote per member

( ii) by repealing the heading “Voting rights – services” preceding section 9.2, as enacted by subsection (8), and substituting the following:

Motions decided by weighted voting

( iii) by repealing section 9.2, as enacted by subsection (8), and substituting the following:

Motions decided by weighted voting

9.2( 1) The eligibility of members of a Board to vote on a motion dealing with any of the following matters shall be determined in accordance with this section:

(a) the identification of sport, recreational and cultural infrastructure under subsection 3.4(1);

(b) the determination made under subsection 3.4(2) that any or all of the members shall contribute to the costs attributable to the infrastructure identified under subsection 3.4(1);

(d) the operation or administration of a service;

(e) the setting of fees for a service; and

(f) the borrowing of money for a service.

9.2( 2) Each voting member of the Board is entitled to vote on a motion dealing with a matter under paragraph (1)(a) or (b).

9.2( 3) In the case of a motion dealing with a matter under paragraph (1)(c), a voting member of the Board is entitled to vote only if the motion deals with the costs attributable to infrastructure that would require a contribution from the member that is a local government or a rural district, as the case may be, that the member of the Board represents.

9.2( 4) In the case of a motion dealing with a matter under paragraph (1)(d), (e) or (f), a voting member of the Board is entitled to vote only if the motion deals with a service that is provided by or through the Commission to the member that is a local government or a rural district, as the case may be, that the member of the Board represents.

9.2( 5) The method of calculating the number of weighted votes assigned to a voting member of the Board referred to in subsection (2), (3) or (4) shall be determined in accordance with the regulations.

9.2( 6) As soon as possible after each general election held under the Municipal Elections Act, the Minister shall make the calculation referred to in subsection (5) and shall inform the Commission of the number of votes to be assigned to each voting member.

9.2( 7) If a member of the Commission is represented by two members of the Board under subsection 9(2.1), the number of votes assigned to that member of the Commission in accordance with the regulations shall be divided equally between the members of the Board that represent the member of the Commission.

9.2( 8) A motion dealing with a matter referred to in paragraph (1)(a), (b), (c) or (d) shall not pass unless 50% plus one vote of the votes cast by the voting members of the Board present are in favour.

9.2( 9) A motion dealing with a matter referred to in paragraph (1)(e) or (f) shall not pass unless two-thirds of the votes cast by the voting members of the Board present are in favour.

(h) in subparagraph (17)(c)(i), by repealing paragraph (d.1) as enacted by subparagraph (17)(c)(i), and substituting the following:

(d.1) to make a request for payment under subsection 20(3),

(i) by adding after subsection (18) the following:

6( 18.1) The Act is amended by repealing section 19 and substituting the following:

Apportionment of costs

19( 1) The costs attributable to each service, including a common service, provided by or through a Commission shall be apportioned among its members or other persons receiving the service in accordance with the regulations or, if no regulation has been made, by resolution of the Board.

19( 2) If a Commission determines under subsection 3.4(2) that any or all of its members shall contribute to the costs attributable to any sport, recreational or cultural infrastructure, the costs related to that infrastructure shall be apportioned among any or all of the members by resolution of the Board or, if no resolution has been made, in accordance with the regulations.

19( 3) Despite subsection (2), if the Minister orders the Commission under paragraph 3.4(5)(b) to require any or all of its members to contribute to the cost attributable to infrastructure among any or all of its members, those costs shall be apportioned in accordance with the regulations.

6( 18.2) The heading “Payment for services” preceding section 20 of the Act is repealed and the following is substituted:

Payment of costs

(j) by repealing subsection (19) and substituting the following:

6( 19) Section 20 of the Act is repealed and the following is substituted:

Payment of costs

20( 1) Subject to any agreement to that end, a member or other person receiving a service referred to in subsection 19(1) that is provided by or through a Commission shall make payment for the service to the Commission at the time and in the manner approved by the Commission.

20( 2) Subject to any agreement to that end, a member who is charged with a portion of the cost of infrastructure referred to in subsection 19(2) shall make payment to the Commission at the time and in the manner approved by the Commission.

20( 3) If a member that is a local government is in arrears for a period in excess of 90 days with respect to any payment due under subsection (1) or (2), the Commission may request that the Minister make the payment to the Commission and deduct that amount from any money owed by the Province to the local government.

(k) in subsection (31)

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

(d) by adding after paragraph (d) the following:

(d.1) prescribing Commissions that are mandated to develop a plan for integrating and coordinating services to address homelessness, poverty and mental health;

(d.11) prescribing any other matter for the purposes of paragraph 3.2(1)(f);

(d.2) respecting a regional strategy of a Commission for the purposes of subsection 3.2(2), including, without limitation,

( i) providing for its form and content,

( ii) providing for an implementation plan,

( iii) providing for performance targets, and

( iv) providing for an accountability framework;

(d.21) respecting the schedule for updating the regional strategy, for the purposes of subsection 3.2(4);

(d.3) prescribing other activities for the purposes of paragraph 3.3(d);

(d.31) respecting the identification of infrastructure for the purposes of subsection 3.4(1), including, without limitation,

( i) providing for its form and content, and

( ii) establishing criteria to be considered;

(d.4) prescribing the terms and conditions of an assessment or a determination made under subsection 3.4(2);

(d.41) governing the management of sport, recreational and cultural infrastructure that is the subject of a determination made under subsection 3.4(2) and the agreements and contracts that result from that determination;

(d.5) respecting, for the purposes of subsection 19(1), the manner and procedure for determining the apportionment of costs of a service provided by or through a Commission among its members or other persons receiving the service, including common services, which may vary according to the category of service;

(d.6) respecting, for the purposes of subsection 19(2), the manner and procedure for determining the apportionment of costs attributable to regional sport, recreational and cultural infrastructure;

(d.7) respecting the manner and procedure for determining the apportionment of costs incurred by a Commission in relation to fulfilling its mandate among the members of a Commission and other persons;

(d.8) prescribing services provided by or through a Commission that are required to meet service delivery standards;

(d.9) establishing service delivery standards for a service referred to in paragraph (d.8);

( ii) by repealing paragraph (h) in the English version and substituting the following:

(h) in paragraph (n) by striking out “an Executive Director” and substituting “a Chief Executive Officer”;

( iii) by adding after paragraph (h) the following:

(h.1) by repealing paragraph (o);

1( 3) Subsection 11(2) of the Act is amended

(a) in paragraph (i) by striking out the period at the end of the subparagraph and substituting “, and”;

(b) by adding after paragraph (i) the following:

(j) take any other measure necessary for the proper administration of the incorporation, amalgamation, annexation or decrease in territorial limits.

1( 4) The Act is amended by adding after section 21 the following:

Application of rural plan to former local service districts

21.1 Despite any provision of the Local Governance Act, with respect to a local service district or a portion of a local service district that was incorporated in a local government by annexation or incorporation effected by a regulation made under subsection 9(1), any rural plan that applies to that area immediately before January 1, 2023, shall continue to apply on and after that date to that area without the need to designate the rural plan by regulation under paragraph 31(c) of the Local Governance Act, and sections 38 and 39 of that Act apply with the necessary modifications.

Application of New Brunswick Regulation 81-126 and New Brunswick Regulation 84-292 to former local service districts

21.2 Despite any provision of the Local Governance Act or the Community Planning Act, with respect to a local service district or a portion of a local service district that was incorporated in a local government through annexation or incorporation by a regulation under subsection 9(1), if no rural plan applies to that area immediately before January 1, 2023, the Provincial Building Regulation – Community Planning Act and the Provincial Set-back Regulation – Community Planning Act shall continue to apply on and after that date until the council makes amendments to its municipal plan and zoning by-law or rural plan as provided in section 21.3.

Amendment of a municipal plan and zoning by-law or rural plan

21.3 Despite any provision of the Local Governance Act, a restructured local government to which subsection 39(1) or (2) of that Act applies shall have a period of five years following the effective date of the annexation to review and amend a municipal plan and zoning by-law or rural plan referred to in subsection 39(4) of that Act.

By-laws in restructured local government

21.4( 1) Despite subsection 40(3) of the Local Governance Act, the by-laws of a restructured local government shall not apply to the areas that are annexed to it as a result of the restructuring until such time as a by-law is specifically made in that regard by the council or the Minister, as the case may be.

21.4( 2) If the Minister makes a by-law under subsection (1), it shall be deemed to have been validly made by the council of the restructured local government.

1( 5) The Act is amended by adding after section 56 the following:

Repeal of the Greater Saint John Regional Facilities Commission Act

56.1( 1) The Greater Saint John Regional Facilities Commission Act, chapter 101 of the Revised Statutes, 2016, is repealed.

56.1( 2) On December 31, 2022, the Greater Saint John Regional Facilities Commission is abolished.

56.1( 3) Despite section 5 of the Greater Saint John Regional Facilities Commission Act, the term of office of a member of the Greater Saint John Regional Facilities Commission shall expire on December 31, 2022.

56.1( 4) All contracts, agreements and orders relating to allowances, fees, salaries, expenses, compensation or remuneration to be paid to a member of the Greater Saint John Regional Facilities Commission are null and void.

56.1( 5) Despite the provisions of any contract, agreement or order, no allowance, fee, salary, expenses, compensation or remuneration shall be paid to a member of the Greater Saint John Regional Facilities Commission.

56.1( 6) No action, application or other proceeding lies or shall be instituted against the Crown in right of the Province as a result of the abolition of the Greater Saint John Regional Facilities Commission under subsection (2) or the expiration of the term of office a member of Greater Saint John Regional Facilities Commission under subsection (3).

56.1( 7) On the commencement of this section, the Fundy Regional Service Commission is entitled to all records, personal property and assets, not including real property, used in the operation of the Greater Saint John Regional Facilities Commission.

56.1( 8) On the commencement of this section, the Fundy Regional Service Commission is deemed to have identified the following infrastructure in accordance with subsection 3.4(1) of the Regional Service Delivery Act:

(a) the facility under the control and management of the Saint John Arts Centre Inc., called the Saint John Arts Centre;

(b) the facility under the control and management of the Saint John Aquatic Centre Commission called the Canada Games Aquatic Centre;

(d) the facility under the control and management of Imperial Theatre Inc., called the Imperial Theatre; and

(e) the facility under the control of The City of Saint John called the Saint John Trade and Convention Centre.

56.1( 9) On the coming into force of this section, the Minister of Local Government and Local Governance Reform is deemed to have ordered the Fundy Regional Service Commission, in accordance with paragraph 3.4(5)(b) of the Regional Service Delivery Act, to add the infrastructure referred to in subsection (8) to the list of infrastructure to the cost of which all of the members of the Commission shall contribute, and subsections 3.4(6) and 19(3) of that Act shall apply with necessary modifications.

1( 6) Subsection 59(1) of the Act is repealed and the following is substituted:

59( 1) Subject to subsections (2) and (3), Parts 1 and 3, sections 56 and 56.1, subsections 57(1) and (2) and section 58 of this Act come into force on January 1, 2023.

An Act Respecting Community Funding

2 Section 1 of An Act Respecting Community Funding, chapter 40 of the Acts of New Brunswick, 2022, is amended

(a) by repealing subsection 16(6), as enacted by section 1, and substituting the following:

16( 6) Each year, the Minister shall table a report in the Legislative Assembly specifying all grants provided and all payments made out of the Fund in the previous year.

(b) by repealing the heading “Review of the Act” preceding section 22.1, as enacted by section 1, and substituting the following:

Review of this Act

22.1 Every five years after the commencement of this Act, or at any earlier time specified by the Minister, the Minister shall undertake a review of the operation of this Act.

Regulation under the Local Governance Act

3( 1) Subsection 61(7) of New Brunswick Regulation 2022-50 under the Local Governance Act is amended

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

(b) one councillor elected from each of wards 1 and 3; and

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

3( 2) The vacancy created in ward 2 of Valley Waters as a result of the operation of subsection (1) is deemed to be a vacancy for the purposes of paragraph 50(1)(a) of the Local Governance Act.

3( 3) The Municipal Electoral Officer shall hold a by-election on February 13, 2023, to fill the vacancy referred to in subsection (2).

3( 4) If subsections (1) to (3) are inconsistent with or in conflict with any provision of the Local Governance Act or the Municipal Elections Act, subsections (1) to (3) prevail.

4 Section 3 of this Act comes into force on January 1, 2023.