BILL 42

An Act Respecting Local Governance and Regional Service Delivery

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

Local Governance Act

1( 1) Section 50 of the Local Governance Act, chapter 18 of the Acts of New Brunswick, 2017, is amended by adding after subsection (2) the following:

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

1( 2) Paragraph 74(1)(i) of the English version of the Act is amended by striking out “him or her” and substituting “the clerk”.

1( 3) Paragraph 76(1)(b) of the English version of the Act is amended by striking out “him or her” and substituting “the treasurer”.

1( 4) Section 90 of the English version of the Act is amended

(a)  in paragraph (a) by striking out “him or her” and substituting “the person”;

(b)  in paragraph (d) by striking out “him or her” and substituting “the person”.

1( 5) Subsection 91(3) of the French version of the Act is amended by striking out “il est titulaire d’un intérêt dans toute affaire pouvant susciter l’existence d’un tel conflit” and substituting “il est titulaire d’un quelconque intérêt dans l’affaire suscitant le conflit”.

1( 6) Subsection 92(3) of the French version of the Act is amended by striking out “il est titulaire d’un intérêt dans toute affaire pouvant susciter l’existence d’un tel conflit” and substituting “il est titulaire d’un quelconque intérêt dans l’affaire suscitant le conflit”.

1( 7) Subsection 131(1) of the English version of the Act is amended in the portion preceding paragraph (a) by striking out “him or her” and substituting “the person”.

1( 8) Subsection 150(2) of the English version of the Act is amended by striking out “him or her” and substituting “the person”.

Municipal Capital Borrowing Act

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

(a)  by repealing the definition “councillor”;

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

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

“member” means (membre)

(a)  in the case of a municipality, a member of council as defined in the Local Governance Act,

(b)  in the case of a regional service commission, a member of its board of directors, and

(c)  in the case of a water or wastewater commission, a member of the water or wastewater commission;

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

“water or wastewater commission” means a body corporate established under section 15.2 of the Clean Environment Act. (commission d’eau ou d’eaux usées)

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

Application

1.01( 1) This Act applies to a municipality.

1.01( 2) Sections 1, 4, 5, 6, 10 and 12 apply, with the necessary modifications, to

(a)  a regional service commission in respect of financing for its capital expenses by way of a loan or the issue of debentures, and

(b)  a water or wastewater commission in respect of financing for its capital expenses by way of a loan or the issue of debentures, unless repayment has been guaranteed by a municipality and that guarantee has been authorized under this Act.

2( 3) Section 2 of the Act is amended

(a)  in subsection (1) of the English version by striking out “chairman, one as vice-chairman” and substituting “chair, one as vice-chair”;

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

2( 1.1) In the case of the temporary absence, illness or incapacity of the secretary, the chair may appoint from the members of the Board an acting secretary for the period of the temporary absence, illness or incapacity.

2( 4) Paragraph 4(1.5)(a) of the Act is amended by striking out “section 89 of the Municipalities Act” and substituting “section 100 of the Local Governance Act”.

2( 5) Subsection 11(1) of the Act is amended by striking out “councillor, mayor or clerk who moves, seconds, puts or supports by his” and substituting “member, mayor or clerk who moves, seconds, puts or supports by their”.

2( 6) The heading “Application to corporations and commissions under the Clean Environment Act” preceding section 14 of the Act is repealed.

2( 7) Section 14 of the Act is repealed.

Regional Service Delivery Act

3( 1) Paragraph 21(1)a) of the French version of the Regional Service Delivery Act, chapter 37 of the Acts of New Brunswick, 2012, is amended by striking out “maintenir” and substituting “entretenir”.

3( 2) The Act is amended by adding after section 22 the following:

Regional transportation service

22.1( 1) With respect to the provision of a regional transportation service, a Commission may

(a)  acquire, own, operate and maintain motor vehicles,

(b)  construct, acquire, establish, enlarge, control, manage, maintain and operate regional transportation facilities,

(c)  provide a regional transportation service, including the transportation of persons or property, or

(d)  operate a motor vehicle in a region adjacent to the region for which the Commission is established for the purpose of

( i) connecting with any other transportation service, or

( ii) refuelling, charging, inspecting, maintaining or repairing the motor vehicle.

22.1( 2) For the purposes of providing a regional transportation service, and subject to the regulations, if any, the Motor Carrier Act does not apply to

(a)  a motor vehicle that is used as a public motor bus as defined in that Act, or

(b)  any person who owns or operates a motor vehicle referred to in paragraph (a).

3( 3) Section 28 of the Act is amended

(a)  by renumbering the section as subsection 28(1);

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

28( 2) If a motion under subsection (1) does not pass, the Commission shall provide to members that are local governments and to the Minister, in the time and manner prescribed by regulation,

(a)  written notice of any subsequent vote on the matter, and

(b)  a copy of any revised proposed budget, borrowing or fees.

3( 4) Section 37 of the Act is amended by adding after paragraph (p) the following:

(p.1)  respecting the common service of regional transportation;

(p.2)  for the purposes of subsection 22.1(2), providing for the application of any provision of the Motor Carrier Act or the regulations under that Act to a regional transportation service with the necessary modifications;

Commencement

4 This Act or any provision of it comes into force on a day or days to be fixed by proclamation.