Legislative Assembly of New Brunswick
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An Act to Amend the Municipalities Act

Legislature :
54
Session :
5
Bill No. :
63
Member :
Hon. Kim Jardine
First Reading :
2003-4-8
Second Reading :
2003-4-9
Committee of the Whole :
2003-4-10
Amended :
Third Reading :
2003-4-10
Royal Assent :
2003-4-11
Download PDF :
Bill 63

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



1                           Section 1 of the Municipalities Act, chapter M-22 of the Revised Statutes, 1973, is amended by adding the following definitions in alphabetical order:



"committee of council" means a committee provided for or created by a municipality under the authority of subsection 4(3) or under the authority of a municipal charter or a private or special Act;



"credit union" means a credit union as defined in the Credit Unions Act;



"personal information" means information about an individual who can be identified by the contents of information because the information



(a)               includes the individual's name,



(b)               makes the individual's identity obvious, or



(c)                is likely in the circumstances to be combined with other information that includes the individual's name or makes the individual's identity obvious;



2                           The Act is amended by adding after section 6 the following:



6.1(1)             A municipality shall not be liable in an action in nuisance, where the damage is the result of



(a)               water overflowing from a sewer, drain, ditch or watercourse due to excessive snow, ice, mud or rain, or



(b)               the construction, operation or maintenance of a system or facility for the collection, conveyance, treatment or disposal of wastewater, storm water or both.



6.1(2)             Subsection (1) does not apply to a cause of action that arose before the coming into force of this section.



3                           Paragraph 7.1(1)b) of the French version of the Act is amended by striking out "ordeures" and substituting "ordures".



4                           Section 10 of the Act is amended



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



10(1)               The clerk may fix a date for the first meeting of a council which date



(a)               shall not be earlier than the expiration of the ten day period referred to in subsection 42(1) of the Municipal Elections Act following the council's election, and



(b)               shall not be later than the fifteenth day of June following the council's election.



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



10(1.1)          If the clerk does not fix a date for the first meeting of a council under subsection (1), the first meeting of council shall be held on the fourth Monday of May following its election.



5                           Section 10.1 of the Act is repealed and the following is substituted:



10.1(1)          Unless disqualified to vote by reason of interest or otherwise upon a by-law, resolution, motion or for any other purpose, each member present, including the mayor, shall announce his or her vote openly and individually, and the clerk shall record it, and no vote shall be taken by ballot or by any other method of secret voting, and every vote so taken is of no effect.



10.1(2)          Notwithstanding subsection (1), a municipality may, in a procedural by-law enacted pursuant to section 10.3 or in a municipal charter or private or special Act of the municipality, provide that the mayor shall not vote except to have a casting vote in the event of a tie.



6                           Section 10.2 of the Act is amended



(a)               in subsection (1) by striking out "All" and substituting "Subject to subsection (4), all";



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



10.2(2)          All decisions of a council shall be



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



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



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



10.2(2.1)      No act or decision of a council is valid unless it is authorized or adopted by a by-law or resolution at a council meeting.



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



10.2(3)          Subject to subsection (4), all meetings of a committee of council shall be open to the public.



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



10.2(4)          If it is necessary at a meeting of a council or a committee of council to discuss any of the following matters, the public may be excluded from the meeting for the duration of the discussion:



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



(b)               personal information;



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



(d)               the proposed or pending acquisition or disposition of land for a municipal purpose;



(e)                information that could violate the confidentiality of information obtained from the Government of Canada or from the Province;



(f)                information concerning legal opinions or advice provided to the municipality by a municipal solicitor, or privileged communications as between solicitor and client in a matter of municipal business;



(g)               litigation or potential litigation affecting the municipality or any of its agencies, boards or commissions, including a matter before an administrative tribunal;



(h)               the access to or security of particular buildings, other structures or systems, including computer or communication systems, or the access to or security of methods employed to protect such buildings, other structures or systems;



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



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



10.2(5)          If a meeting of a committee of council is closed to the public pursuant to subsection (4), no decisions shall be made at the meeting except for decisions related to



(a)               procedural matters,



(b)               directions to an officer of the municipality, or



(c)                directions to a solicitor for the municipality.



10.2(6)          If a meeting is closed to the public pursuant to subsection (4), a record shall be made containing only the following:



(a)               the type of matter under subsection (4) that was discussed during the meeting; and



(b)               the date of the meeting.



10.2(7)          The record made under subsection (6) shall be available for examination by the public in the office of the clerk during regular office hours.



7                           The Act is amended by adding after section 10.2 the following:



10.3(1)          Subject to subsection (2), a municipality shall enact a by-law to regulate the procedures of its council meetings and such a by-law shall include those matters prescribed by regulation.



10.3(2)          If a matter prescribed for the purposes of subsection (1) conflicts with a provision of a municipal charter or a private or special Act, a municipality may enact a by-law pursuant to subsection (1) that does not include that prescribed matter.



8                           Subsection 11(1) of the Act is amended



(a)               by repealing paragraph (a);



(b)               by repealing paragraph (b);



(c)               by repealing paragraph (c);



(d)               by repealing paragraph (d);



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



(d.1)          notwithstanding paragraph 7(3)(b), prescribing fees to be charged for the use of recreational or sports facilities provided by the municipality;



(d.2)          notwithstanding paragraph 7(3)(b), prescribing fees to be charged for the participation in recreational or sports programs provided by the municipality;



(f)                in paragraph l) of the French version by striking out "nuissance" and substituting "nuisance";



(g)               in the French version by striking out "(l.01)" and substituting "l.01)".



9                           The Act is amended by adding after section 11 the following:



11.1(1)          Subject to subsection (2), where this Act requires or authorizes a municipality to give notice of a matter by way of publishing the notice in a newspaper published or having general circulation in the municipality, the notice may be given by



(a)               broadcasting, on a radio or television station that broadcasts in the municipality, the notice at least once a day for the period of time that the notice is required to be published, or



(b)               posting the notice on an Internet site maintained by the municipality for the period of time that the notice is required to be published.



11.1(2)          Notice provided in a manner authorized by subsection (1) shall only be sufficient notice if the notice is also available for examination by the public for the required period of time in the office of the clerk during regular office hours.



10                        Section 12 of the Act is amended



(a)               in paragraph (1.1)b) of the French version by striking out "en comité plénier du conseil" and substituting "en comité du conseil plénier";



(b)               by repealing subsection (4) of the French version and substituting the following:



12(4)               Lorsque la présente loi dispose qu'un arrêté municipal doit, pour être adopté, réunir les deux tiers ou la totalité des voix du conseil plénier, il suffit, pour que cette disposition soit respectée, que les deux tiers du conseil plénier ou que le conseil plénier se prononcent en faveur de l'arrêté lors de la troisième lecture par son titre.



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



12(4.1)          Notwithstanding the definition of "council" in section 1, where this Act makes provision for the making of a by-law and makes reference to the whole council, "whole council" means those members of council, including the mayor, who are not disqualified from voting on the by-law.



11                        Subsection 19(9.3) of the Act is amended by striking out "all of the members of the council" and substituting "the whole council".



12                        Subsection 19.2(1) of the French version of the Act is amended by striking out "l'annexation" and substituting "l'annexion".



13                        Subsection 27(1) of the French version of the Act is amended by striking out "conformité de" and substituting "conformité avec".



14                        Section 28 of the Act is amended



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



28(1.1)          A by-law under this section, or the amendment or repeal of such a by-law, may only be made on the affirmative vote of a majority of the whole council.



28(1.2)          Before making a by-law under this section, or amending or repealing such a by-law, the council shall



(a)               at least once within ten days prior to the meeting at which the by-law will be given first reading, publish notice of its intention to consider the passing of the by-law in a newspaper having general circulation in the municipality, which notice shall



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



(ii)       specify the date and location of the meeting at which the by-law will be considered, and



(b)               for at least ten days prior to the meeting at which the by-law will be given first reading, post the notice referred to in paragraph (a) in the office of the clerk.



28(1.3)          No by-law under this section, nor the amendment or repeal of such a by-law, comes into force until it has been filed by the council with the Municipal Electoral Officer.



28(1.4)          Notwithstanding subsection (1.3), in order for a by-law under this section to apply to a triennial election it must be filed with the Municipal Electoral Officer more than six months before the election.



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



28(2)               A by-law made under the authority of this section shall not be amended or repealed within four years after the commencement of the by-law or the most recent amendment of it.



15                        Section 29 of the Act is amended



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



29(1.1)          A by-law under this section, or the amendment or repeal of such a by-law, may only be made on the affirmative vote of a majority of the whole council.



29(1.2)          Before making a by-law under this section, or amending or repealing such a by-law, the council shall



(a)               at least once within ten days prior to the meeting at which the by-law will be given first reading, publish notice of its intention to consider the passing of the by-law in a newspaper having general circulation in the municipality, which notice shall



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



(ii)       specify the date and location of the meeting at which the by-law will be considered, and



(b)               for at least ten days prior to the meeting at which the by-law will be given first reading, post the notice referred to in paragraph (a) in the office of the clerk.



29(1.3)          No by-law under this section, nor the amendment or repeal of such a by-law, comes into force until it has been filed by the council with the Municipal Electoral Officer.



29(1.4)          Notwithstanding subsection (1.3), in order for a by-law under this section to apply to a triennial election it must be filed with the Municipal Electoral Officer more than six months before the election.



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



29(2)               A by-law made under the authority of this section shall be not amended or repealed within four years after the commencement of the by-law or the most recent amendment of it.



16                        Section 31 of the Act is amended



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



31(2)               The council of a municipality may, by by-law passed on the affirmative vote of a majority of the whole council, divide the municipality into wards.



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



31(2.1)          Before making a by-law under subsection (2), or amending or repealing such a by-law, the council shall



(a)               at least once within ten days prior to the meeting at which the by-law will be given first reading, publish notice of its intention to consider the passing of the by-law in a newspaper having general circulation in the municipality, which notice shall



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



(ii)       specify the date and location of the meeting at which the by-law will be considered, and



(b)               for at least ten days prior to the meeting at which the by-law will be given first reading, post the notice referred to in paragraph (a) in the office of the clerk.



31(2.2)          No by-law under this section, nor the amendment or repeal of such a by-law, comes into force until it has been filed by the council with the Municipal Electoral Officer.



31(2.3)          Notwithstanding subsection (2.2), in order for a by-law under this section to apply to a triennial election it must be filed with the Municipal Electoral Officer more than six months before the election.



(c)               in subsection (3) of the French version by striking out "prise en application" and substituting "pris en application";



(d)               by adding after subsection (8) the following:



31(9)               If a municipality is divided into wards under subsection (2), only the voters resident in a ward shall vote for the candidates nominated for that ward.



17                        Subsection 32(3) of the Act is repealed.



18                        Section 33 of the Act is amended



(a)               in subsection (1) by striking out "the fourth Monday of May following the person's election" and substituting "the first meeting of council";



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



33(4)               The following may administer the oath:



(a)               the clerk;



(b)               a notary public or a commissioner of oaths; or



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



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



33(5)               Once administered, an oath shall be filed with the clerk and the clerk shall record in the minutes of council the taking of every oath under this section.



19                        Section 33.1 of the Act is repealed.



20                        Section 34 of the Act is amended



(a)               in subsection (1)



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



(d)               a member is convicted of



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



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



(ii)       in paragraph e) of the French version by striking out "les paragraphes 33(1) ou (2) ou (2.01)" and substituting "le paragraphe 33(1), (2) ou (2.01)";



(b)               in subsection (2) by striking out "sections 28, 29 or 32" and substituting "section 28 or 29".



21                        The Act is amended by adding after section 35 the following:



35.1(1)          If, as a result of a vacancy in council resulting under paragraph 34(1)(a), a quorum cannot be constituted, the Minister may reduce a council's quorum requirements until the vacancy is filled by a by-election under subsection 35(2).



35.1(2)          If, after the Municipal Electoral Officer has given two Notices of Election for a by-election, there are still insufficient members for a quorum to be constituted, the reduction in quorum requirements under subsection (1) shall remain in place until the next triennial election.



35.2(1)          If by reason of paragraph 34(1)(a) a vacancy in a council exists and the vacancy remains after the Municipal Electoral Officer has given two Notices of Election for a by-election, the Minister may reduce the composition of the council by the number of vacancies on council.



35.2(2)          The Minister shall file a reduction in council composition under subsection (1) with the Municipal Electoral Officer and the reduction shall remain in place until the composition of council is changed by a by-law under section 28 or 29, as the case may be.



22                        Section 36 of the Act is amended



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



36(1)               The mayor of a municipality shall



(a)               preside at all meetings of council, except as provided for otherwise in a procedural by-law enacted pursuant to section 10.3 or in a municipal charter or a private or special Act,



(b)               provide leadership to council,



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



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



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



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



36(1.1)          Notwithstanding subsection (1), the mayor of a municipality is subject to the direction and control of council and shall abide by the decisions of council.



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



36(2.1)          A councillor of a municipality shall



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



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



(c)                participate in developing and evaluating the policies and programs of the municipality,



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



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



23                        Subsection 38(2) of the Act is amended by striking out "19(e)" and substituting "19(1)(e)".



24                        Subsection 39(1) of the Act is repealed and the following is substituted:



39(1)               A member of council is elected to hold office until the first meeting of an incoming council following a triennial election.



25                        The Act is amended by adding after section 39 the following:



39.1(1)          During the period commencing on the day of a triennial election and ending on the day of the first meeting of an incoming council, the council of a municipality shall continue to exercise its powers in relation to the day-to-day activities of the municipality but shall not



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



(b)               become a party to any agreement, contract, deed or any other document other than those provided for in the estimates adopted under paragraph 87(2)(a), by function, for the current year,



(c)                borrow or make payments of funds other than those provided for in the estimates adopted under paragraph 87(2)(a), by function, for the current year,



(d)               purchase or dispose of capital assets, or



(e)                appoint or dismiss officers or employees.



39.1(2)          If a council acts in contravention of subsection (1), that action is void and has no force or effect.



39.1(3)          Notwithstanding subsections (1) and (2), a council may do those things referred to in subsection (1) if



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



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



26                        The Act is amended by adding after section 68.1 the following:



68.11(1)       Notwithstanding section 68.1, a council of a municipality may



(a)               request that the Minister waive the requirement under section 68.1 that a plebiscite be held, and the request shall include the proposed name of the municipality, and



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



68.11(2)       The Minister shall, in writing, either grant or deny a request made under paragraph (1)(a).



68.11(3)       Notwithstanding any other Act, if the Minister grants a request under subsection (2), upon the recommendation of the Minister, the Lieutenant-Governor in Council may by order change the name of the municipality making the recommendation.



27                        Section 74 of the Act is amended



(a)               in subsection (1) by striking out "manager" and substituting "chief administrative officer";



(b)               in subsection (5) by striking out "all the members of the council" and substituting "the whole council".



28                        Section 75 of the Act is amended by striking out "manager" and substituting "chief administrative officer".



29                        Subsection 76(1) of the Act is amended



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



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



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



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



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



(c.1)            maintain an indexed register of certified copies of all by-laws of the municipality that shall be available for public inspection during regular office hours,



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



(d.1)          if the mayor and deputy mayor are absent or the office of mayor is vacant, call a meeting of council to select a councillor to act as presiding officer of the council,



(d.2)          sign, as required under paragraph 5(2)(b), all agreements, contracts, deeds and other documents to which the municipality is a party,



(d)               in paragraph (f) of the English version by striking out "him" and substituting "him or her".



30                        Subsection 77(1) of the Act is amended



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



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



(b)               in paragraph (i) of the English version by striking out "him" and substituting "him or her".



31                        Section 83 of the Act is repealed and the following is substituted:



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



32                        Subsection 85(1) of the Act is repealed and the following is substituted:



85(1)               No person who has been elected to a council is eligible for appointment as an officer of or employment by the municipality during the term of office referred to in subsection 39(1), unless the person



(a)               resigns his or her position on council before applying for the appointment or employment, and



(b)               was not involved in any discussions or decisions of council relating to the creation of, qualifications for or remuneration related to the appointment or employment.



33                        The Act is amended by adding after section 85 the following:



85.1(1)          Except in relation to an action by or on behalf of the municipality, in which case the approval of The Court of Queen's Bench of New Brunswick must first be obtained, a municipality may indemnify a member or former member of council, an officer or former officer of the municipality, an employee or former employee of the municipality or a member or former member of a committee, board, commission or agency established by council, and his or her heirs and legal representatives, against all costs, charges and expenses, including any amount paid to settle an action or satisfy a judgment, reasonably incurred by him or her in relation to any civil, criminal or administrative action or proceeding to which he or she is made a party by reason of being or having been a member of council, an officer or employee of the municipality or a member of a committee, board, commission or agency established by council, if he or she



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



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



85.1(2)          Notwithstanding anything in this section, a person referred to in subsection (1) is entitled to indemnity from the municipality in relation to all costs, charges and expenses reasonably incurred in connection with the defence of any civil, criminal or administrative action or proceeding to which that person is made a party by reason of being or having been a member of council, an officer or employee of the municipality or a member of a committee, board, commission or agency established by council if the person seeking indemnity



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



(b)               fulfills the conditions set out in paragraphs (1)(a) and (b).



85.1(3)          A municipality may purchase and maintain insurance for the benefit of any person referred to in subsection (1) against any liability incurred by that person



(a)               as a member of council, an officer or employee of the municipality or a member of a committee, board, commission or agency established by council, except where the liability relates to the failure of that person to act honestly and in good faith with a view to the best interests of the municipality, and



(b)               as a member of council, an officer or employee of the municipality or a member of a committee, board, commission or agency established by council where he or she acts or acted in that capacity at the municipality's request except where the liability relates to the failure to act honestly and in good faith with a view to the best interests of the municipality.



85.1(4)          A municipality or a person referred to in subsection (1) may apply to The Court of Queen's Bench of New Brunswick for an order approving an indemnity under this section and the Court may so order and make any further order it thinks fit.



85.1(5)          On an application under subsection (4), the Court may order notice to be given to any interested person and that person is entitled to appear or be represented and be heard in person or by counsel.



85.1(6)          For the purposes of this section, an employee includes a person who provides volunteer services at the request of and on behalf of a municipality.



34                        Section 88 of the Act is repealed and the following is substituted:



88(1)               The following shall be available for inspection or examination by members of the public in the office of the clerk during regular office hours:



(a)               the adopted minutes of council meetings;



(b)               the audited financial statements of a municipality;



(c)                the estimates adopted by a municipality under paragraph 87(2)(a); and



(d)               any other financial record or document prescribed by the Lieutenant-Governor in Council.



88(2)               Notwithstanding subsection (1), the minutes of any meeting or portion of a meeting of council or a committee of council that was closed to the public pursuant to subsection 10.2(4), shall not be open for inspection or examination by members of the public.



35                        The Act is amended by adding after section 90 the following:



GRANTS

90.01(1)       Subject to subsection (4), a municipality may, by resolution of council, make grants to the following upon such terms and conditions as determined by council:



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



(b)               an athletic, cultural, environmental, social or educational organization; and



(c)                any other organization or corporation if, in the opinion of council, the grant will assist in the development of the municipality.



90.01(2)       A municipality may make a grant under this section where the grant may only benefit a portion of the municipality or some of its residents.



90.01(3)       A municipality may make a grant under this section to a recipient who is, or whose facilities, programs or activities are, primarily or wholly located or carried on outside of the municipality if council is of the opinion that some or all of the residents of the municipality may benefit from the grant.



90.01(4)       A municipality shall not make a grant under this section that either directly or indirectly reduces or reimburses the taxes or utility charges paid or payable to the municipality by the recipient of the grant.



90.01(5)       When making or refusing to make a grant under this section, a municipality may differentiate between potential recipients as to the making of the grant, the amount of the grant or any terms and conditions imposed on the grant.



36                        Section 90.1 of the Act is amended



(a)               by repealing the definition "charitable association" and substituting the following:



"charitable organization" means a registered Canadian charitable organization under the Income Tax Act (Canada);



(b)               in the definition « club philantropique » in the French version by striking out "philantropique" and substituting "philanthropique";



(c)               by repealing the definition "local board" and substituting the following:



"local board" means



(a)               a body whose entire membership is appointed under the authority of a council but does not include an industrial commission or its board of directors,



(b)               a corporation constituted under section 15.2 of the Clean Environment Act,



(c)                a regional solid waste commission established under section 15.3 of the Clean Environment Act,



(d)               a district planning commission established under section 6 of the Community Planning Act, and



(e)                any body prescribed by regulation;



(d)               in the definition "senior appointed officer"



(i)         in the portion preceding paragraph (a) by striking out "who, on a full-time basis," and substituting "who";



(ii)       in paragraph (a) by striking out "manager" and substituting "chief administrative officer".



37                        Section 90.2 of the Act is amended



(a)               in subsection (1)



(i)         in the portion preceding paragraph (a) by striking out "section 90.3" and substituting "subsection (1.1) and section 90.3";



(ii)       by striking out "(c)" and substituting "(b)";



(iii)    by striking out "(d)" and substituting "(c)";



(iv)      by striking out "(e)" and substituting "(d)";



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



90.2(1.1)      A member or a senior appointed officer does not have a conflict of interest by reason of a family associate's interest as described in paragraph (1)(a), (b), (c) or (d) unless the member or senior appointed officer knew or ought reasonably to have known of the family associate's interest.



38                        Section 90.3 of the Act is amended



(a)               in the portion preceding paragraph (a) by striking out "Notwithstanding section 90.2, a member" and substituting "A member";



(b)               in paragraph h) of the French version by striking out "volontaire" and substituting "volontaires";



(c)               in paragraph l) of the French version by striking out "d'une association de charité" and substituting "d'une œuvre de bienfaisance".



39                        Section 90.4 of the Act is amended



(a)               in subsection (3)



(i)         in the portion preceding paragraph (a) by striking out "Subject to subsections (4) and (5), where" and substituting "Where";



(ii)       in paragraph (b) by striking out "the meeting" and substituting "the meeting room";



(b)               by repealing subsection (4);



(c)               by repealing subsection (5).



40                        Paragraph 91(1)(b) of the Act is repealed and the following is substituted:



(b)               is not a slot machine under the Criminal Code (Canada).



41                        Section 93 of the Act is amended



(a)               in paragraph (a.1) by striking out the comma at the end of the paragraph and substituting ", and";



(b)               by repealing paragraph (b);



(c)               by repealing paragraph (c).



42                        Section 94 of the Act is amended



(a)               in subsection (1) by striking out "and may in the by-law provide for the administration and enforcement of the code";



(b)               in subsection (5) of the French version by striking out "aux paragraphes" and substituting "au paragraphe".



43                        The Act is amended by adding after section 94 the following:



94.1                  If a council makes a by-law under subsection 94(1) or (3), subsection 190.01(3) and sections 190.02 to 190.07 shall be incorporated into the by-law with the necessary modifications.



44                        Subsection 95(1) of the French version of the Act is amended by striking out "règlementant" and substituting "réglementant".



45                        Subsection 95.1(5) of the French version of the Act is amended by striking out "des paragraphes" and substituting "du paragraphe".



46                        Section 96 of the Act is amended



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



96(0.1)          For the purposes of this section, an animal that is defined by partial breed is defined by reference to the breed of either its dam or sire.



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



96(1)               Subject to subsection (2), the council of a municipality may make by-laws



(a)               respecting animal control;



(b)               respecting the keeping of animals;



(c)                respecting disturbances by animals;



(d)               respecting the protection of persons and property from animals;



(e)                respecting the seizure of animals on private or public property;



(f)                respecting the licensing of animals;



(g)               defining fierce or dangerous animals, including defining them by breed, cross-breed or partial breed;



(h)               prohibiting or regulating the keeping of fierce or dangerous animals;



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



(i)         that the animal be destroyed, or



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



(j)                respecting any other matter or thing in relation to animals within the municipality.



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



96(3)               Subject to subsection (4), notwithstanding that specific powers are given in paragraphs (1)(a) to (i) to the council of a municipality to make by-laws in relation to animals, no person, court, tribunal or other body shall construe the giving of those specific powers so as to limit the general powers given in paragraph (1)(j) and paragraph (1)(j) shall be construed so as to give the council the broadest possible powers to make by-laws that the council considers advisable and necessary respecting animals within the municipality, subject to any exceptions that the Lieutenant-Governor in Council may establish under subsection (2).



47                        Paragraph 100(1)(c) of the Act is amended by striking out "category C" and substituting "category D".



48                        The Act is amended by adding after section 102 the following:



102.1(1)       Subject to any restrictions set out in the officer's appointment, an officer appointed by a municipality to administer the municipality's by-laws may enter, at all reasonable times, upon any property within the municipality for the purpose of making any inspection that is necessary for the administration or enforcement of a by-law.



102.1(2)       If an officer referred to in subsection (1) is refused admission to any property within the municipality, the officer may serve or cause to be served, on the person having control of the property, a demand that the officer named in the demand be permitted to enter upon the property in accordance with subsection (1).



102.1(3)       Service may be effected under subsection (2) by personal delivery to the person having control of the property or by depositing the demand in the mail in a prepaid registered envelope addressed to the person at his or her last known address.



102.1(4)       The service of a demand by mail as provided for in subsection (3) is deemed to be complete upon the expiration of six days after the demand has been deposited in the mail.



102.1(5)       Proof of the service of a demand in either manner provided for in subsection (3) may be given by a certificate purporting to be signed by the officer, naming the person on whom the demand was made and specifying the time, place and manner of service of the demand.



102.1(6)       A document purporting to be a certificate of the officer made pursuant to subsection (5) shall



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



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



102.1(7)       When entering upon any property under the authority of this section, an officer referred to in subsection (1) may be accompanied by a person who has special or expert knowledge in relation to the subject matter of the inspection.



102.1(8)       Before or after attempting to effect entry under this section, an officer referred to in subsection (1) may apply for an entry warrant in accordance with the Entry Warrants Act.



49                        Subsection 107(4) of the French version of the Act is amended by striking out "comformément" and substituting "conformément".



50                        Section 109 of the Act is amended



(a)               in subsection (1)



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



(l)                prohibiting or regulating the lighting of outside fires;



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



(l.1)            prescribing the location and construction of public and private incinerators;



(b)               in paragraph (2)b) of the French version by striking out "des articles" and substituting "de l'article".



51                        Subsection 111(2) of the Act is amended by striking out "National Housing Act, chapter N-10 of the Revised Statutes of Canada, 1970" and substituting "National Housing Act (Canada)".



52                        Paragraph 112e) of the French version of the Act is amended by striking out "renouveller" and substituting "renouveler".



53                        Subsection 122(2) of the French version of the Act is amended by striking out the portion preceding paragraph a) and substituting the following:



122(2)            Sur présentation au conseil d'une pétition demandant l'exécution d'un travail, signée par les deux tiers au moins des propriétaires des parcelles attenantes qui feront l'objet de l'imposition particulière, représentant la valeur de la moitié au moins de toutes ces parcelles attenantes, le conseil peut prendre toutes les mesures nécessaires pour effectuer ce travail et, par arrêté municipal adopté aux deux tiers des voix au moins du conseil plénier, il peut



54                        Section 162 of the Act is amended



(a)               by repealing subsection (2);



(b)               by repealing subsection (3).



55                        Subsection 163(2) of the French version of the Act is amended by striking out "dont question" and substituting "dont il est question".



56                        The heading "PARKING METERS" preceding section 164 of the Act is amended by striking out "METERS".



57                        Section 164 of the Act is amended



(a)               in subsection (1)



(i)         in the definition "parking meter" by striking out "a mechanical appliance or device" and substituting "a machine";



(ii)       by repealing the definition "parking space" and substituting the following:



"parking space" means a space that under a by-law made under this section is provided for the parking of vehicles



(a)               for which a parking meter is installed, or



(b)               is located in a parking zone for which a pay and display machine is installed;



(iii)    by repealing the definition "parking zone" and substituting the following:



"parking zone" means a street, portion of a street, parking lot or parking facility approved by the council for the purpose of parking vehicles and on or in which parking meters or a pay and display machine is installed to collect a fee for the use and occupation of a parking space;



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



"pay and display machine" means a machine that



(a)               is placed or installed at or near a parking zone for the purpose of regulating and controlling the use and occupation by vehicles of parking spaces within the parking zone, and



(b)               upon appropriate payment, issues a receipt indicating the amount of time for which the toll that has been paid authorizes a vehicle to use and occupy a parking space and at what time the authorized use and occupation of the space expires;



(b)               in subsection (2)



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



(b.1)          provide for the installation of pay and display machines in or near parking zones,



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



(d)               provide that the payment of the toll is made by inserting a coin in the receptacle provided or in such other manner as is indicated on the parking meter or the pay and display machine,



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



(d.1)          provide that where a parking space is located in a parking zone for which a pay and display machine is installed, the receipt issued by the machine after payment of the toll shall be displayed in the front window of the vehicle parking in the parking space,



(c)               in subsection (3)



(i)         in paragraph (a) of the English version by striking out "he" and substituting "he or she";



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



(c)                that, at the time of finding the vehicle in the parking space, he or she found the parking meter to be in good working order after testing it by inserting a coin in the receptacle provided or by carrying out any other testing provided for in the by-law, and



(iii)    in paragraph (d) by striking out "or "expired" on" and substituting "or "expired", or the numbers "00:00", on";



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



164(4)            In a prosecution for violation of a by-law made under this section, evidence by a police officer or a person authorized by by-law



(a)               that he or she found the vehicle in a parking space located in a parking zone for which a pay and display machine was installed,



(b)               that the receipt displayed in the vehicle indicated that the time for which the toll had been paid for the use of the parking space had elapsed or that there was no receipt displayed in the vehicle, and



(c)                that, at the time of finding the vehicle in the parking space, he or she found the pay and display machine to be in good working order after testing it by inserting a coin in the receptacle provided or by carrying out any other testing provided for in the by-law,



is evidence that the vehicle was parked in a parking space in a parking zone without payment of the toll imposed by the by-law or was parked in a parking space in a parking zone for a longer period of time than the toll prescribed by the by-law for the use of a parking space in that parking zone permitted, unless the contrary is proven.



58                        Section 189 of the Act is amended



(a)               in subsection (1.1) of the French version by striking out "d'égoûts" and substituting "d'égouts";



(b)               in subsection (10) by striking out "every claim, privilege or encumbrance of every person except the Crown," and substituting "every claim, privilege, lien or encumbrance of any person, except the Crown, whether the right or title of that person has accrued before or accrues after the lien arises,".



59                        The heading "LOCAUX DANGEREUX OU INESTHÉTIQUES" preceding section 190 of the French version of the Act is amended by striking out "LOCAUX" and substituting "LIEUX".



60                        Section 190 of the Act is repealed and the following is substituted:



190                   A municipality may by by-law provide that sections 190.01 to 190.07 apply to such areas of the municipality as the by-law prescribes.



61                        The Act is amended by adding after section 190 the following:



190.01(1)    No person shall permit premises owned or occupied by him or her to be unsightly by permitting to remain on any part of such premises



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



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



(c)                a derelict vehicle, equipment or machinery or the body or any part of a vehicle, equipment or machinery, or



(d)               a dilapidated building.



190.01(2)    No person shall permit a building or structure owned or occupied by him or her to become a hazard to the safety of the public by reason of dilapidation or unsoundness of structural strength.



190.01(3)    Where a condition mentioned in subsection (1) or (2) exists, an officer appointed by council may notify the owner or occupier of the premises, building or structure and the notice shall



(a)               be in writing,



(b)               be signed by the officer,



(c)                state that the condition referred to in subsection (1) or (2) exists,



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



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



(f)                be served either by personal delivery on the person to be notified or by posting in a conspicuous place on the premises, building or structure.



190.02(1)    Proof of the giving of notice in either manner provided for in paragraph 190.01(3)(f) may be by a certificate or an affidavit purporting to be signed by the officer referred to in subsection 190.01(3), naming the person to whom notice was given and specifying the time, place and manner in which notice was given.



190.02(2)    A document purporting to be a certificate under subsection (1) shall be



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



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



190.02(3)    In any prosecution for a violation of a by-law under section 190 where proof of the giving of notice is made as prescribed under subsection (1), the burden of proving that one is not the person named in the certificate or affidavit shall be upon the person charged.



190.02(4)    A notice given under subsection 190.01(3) and purporting to be signed by an officer appointed by council shall be



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



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



(c)                on the hearing of an information for a violation of a by-law under section 190, proof in the absence of evidence to the contrary that the person named in the notice is the owner or occupier of the premises, building or structure in respect of which the notice was given.



190.03(1)    A person who fails to comply with the terms of a notice under subsection 190.01(3) commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category E offence and notwithstanding the provisions of any Act to the contrary, no judge of the Provincial Court may suspend the imposition of any penalty under this section.



190.03(2)    A violation as provided for in subsection (1) is a continuing offence and a separate information may be laid for each day such offence continues and the penalty provided for in subsection (1) shall be imposed for each conviction resulting from the laying of each information.



190.03(3)    The conviction of a person under this section does not operate as a bar to further prosecution for the continued neglect or failure on his or her part to comply with the provisions of a by-law under section 190.



190.04            If a notice has been given under subsection 190.01(3) and the owner or occupier does not comply with the notice within the time allowed, the municipality may, rather than commencing proceedings in respect of the violation or in addition to doing so,



(a)               if the notice arises out of a condition existing contrary to subsection 190.01(1), cause the premises of that owner or occupier to be cleaned up, or



(b)               if the notice arises out of a condition existing contrary to subsection 190.01(2), cause the building or structure of that owner or occupier to be demolished,



and the cost of carrying out such work, including any related charge or fee, is chargeable to the owner or occupier and becomes a debt due to the municipality.



190.05(1)    Where the cost of carrying out work becomes a debt due to a municipality under section 190.04, an officer of the municipality may issue a certificate stating the amount of the debt due and the name of the owner or occupier from whom the debt is due.



190.05(2)    A certificate issued under subsection (1) may be filed in The Court of Queen's Bench of New Brunswick and a certificate so filed shall be entered and recorded in the Court and when so entered and recorded may be enforced as a judgment obtained in the Court by the municipality against the person named in the certificate for a debt of the amount specified in the certificate.



190.05(3)    All reasonable costs and charges attendant upon the filing, entering and recording of a certificate under subsection (2) may be recovered as if the amount had been included in the certificate.



190.06(1)    The cost of carrying out work under section 190.04 and all reasonable costs and charges attendant upon the filing, entering and recording of a certificate under section 190.05 shall, notwithstanding subsection 72(2) of the Workers' Compensation Act and until paid, form a lien upon the real property in respect of which the work is carried out in priority to every claim, privilege, lien or other encumbrance, whenever created, subject only to taxes levied under the Real Property Tax Act and a special lien under subsection 189(10).



190.06(2)    The lien in subsection (1)



(a)               attaches when the work under section 190.04 is begun and does not require registration or filing of any document or the giving of notice to any person to create or preserve it, and



(b)               follows the real property to which it attaches into whosever hands the real property comes.



190.06(3)    Any mortgagee, judgment creditor or other person having any claim, privilege, lien or other encumbrance upon or against the real property to which is attached a lien under subsection (1)



(a)               may pay the amount of the lien,



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



(c)                has the same rights and remedies for the amount as are contained in the person's security.



190.07            A municipality shall not proceed to act under paragraph 190.04(b) unless it has a report from an architect, an engineer, a building inspector or the Fire Marshal that the building or structure is dilapidated or structurally unsound and such report is proof in the absence of evidence to the contrary that the building or structure is dilapidated or structurally unsound.



62                        Subsection 192(1) of the Act is amended



(a)               by adding after paragraph (a.1) the following:



(a.2)          prescribing those matters to be included in the procedural by-law of a municipality;



(b)               in paragraph c) of the French version by striking out "precrivant" and substituting "prescrivant";



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



(g.1)          prescribing financial records or documents of a municipality that shall be open for inspection or examination by members of the public;



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



(h.1)          prescribing bodies for the purposes of the definition "local board" in section 90.1;



63                        Subsection 193(2.1) of the French version of the Act is amended by striking out "bien-fond" and substituting "bien-fonds".



64                        Subsection 198(1) of the Act is amended by striking out "86 or".



65                        The First Schedule of the Act is amended



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



(q)               recreational and sports facilities;



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



(q.1)          recreational and sports programs;



Consequential Amendments

66                        Subsection 8(3) of New Brunswick Regulation 84-85 under the Municipalities Act is amended by striking out "96(3)" and substituting "96(5)".



67(1)               Section 10 of New Brunswick Regulation 95-62 under the Municipalities Act is amended by striking out "in the Act, except paragraph 90(7)(c)," and substituting "in the Act".



67(2)               Paragraph 11(1)(c) of the Regulation is repealed and the following is substituted:



(c)                a member is convicted of



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



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



68(1)               Subsection 3.1(1) of the Municipal Elections Act, chapter M-21.01 of the Acts of New Brunswick, 1979, is amended by striking out "sections 44 and 45" and substituting "section 44".



68(2)               Section 45 of the Act is repealed.



Commencement

69                        Section 7 of this Act comes into force on a day to be fixed by proclamation.



EXPLANATORY NOTES



Section 1



New definitions.



Section 2



New provision.



Section 3



A correction is made.



Section 4



(a)               The existing provision is as follows:



10(1)               The first meeting of a council shall be held on the fourth Monday in May following its election.



(b)               New provision.



Section 5



The existing provision is as follows:



10.1                  Unless disqualified to vote by reason of interest or otherwise upon a by-law, resolution, motion or for any other purpose, each member present shall announce his vote openly and individually, and the clerk shall record it; but no vote shall be taken by ballot or by any other method of secret voting, and every vote so taken is of no effect.



Section 6



(a)               Consequential amendment.



(b)               The existing provision is as follows:



10.2(2)          All decisions of a council shall be made in a regular or special meeting of the council.



(c)                New provision.



(d)               The existing provision is as follows:



10.2(3)          Except where otherwise directed by council, a meeting of a committee of council may be open or closed to the public as determined by the committee.



(e)                New provisions.



Section 7



New provision.



Section 8



(a)               Consequential amendment.



(b)               Consequential amendment.



(c)                Consequential amendment.



(d)               Consequential amendment.



(e)                New provisions.



(f)                A correction is made.



(g)               A correction is made.



Section 9



New provision.



Section 10



(a)               Consequential amendment.



(b)               Consequential amendment.



(c)                New provision.



Section 11



Consequential amendment.



Section 12



A correction is made.



Section 13



A correction is made.



Section 14



(a)               New provisions.



(b)               Consequential amendment.



Section 15



(a)               New provisions.



(b)               Consequential amendment.



Section 16



(a)               The existing provision is as follows:



31(2)               The council of a municipality may, by by-law, divide the municipality into wards.



(b)               New provisions.



(c)                A correction is made.



(d)               New provision.



Section 17



The existing provision is as follows:



32(3)               The council of a village shall remain in office until all vacancies for office on the council have been filled in accordance with the provisions of the Municipal Elections Act.



Section 18



(a)               Consequential amendment.



(b)               The existing provision is as follows:



33(4)               The clerk shall administer the oath and shall record in the minutes of council the taking of every oath under this section.



(c)                Consequential amendment.



Section 19



The existing provision is as follows:



33.1(1)          Where the Minister has reason to believe that an elected mayor or councillor was not qualified as a candidate at the election in which he was elected, the Minister may require him to prove that he was qualified to be a candidate.



33.1(2)          Where a person referred to in subsection (1) refuses to prove within thirty days of being required to do so by the Minister that he was qualified to be a candidate, or the person is unable to prove to the satisfaction of the Minister that he was qualified to be a candidate, the Minister may declare that the person is incapable of holding office.



Section 20



(a)(i)         The existing provision is as follows:



34(1)               A vacancy results in the council when …



(d)               a member is convicted of an indictable offence under part XVII of the Criminal Code, chapter C-34 of the Revised Statutes of Canada, 1970,



(a)(ii)       A correction is made.



(b)               Consequential amendment.



Section 21



New provisions.



Section 22



(a)               The existing provision is as follows:



36(1)               The mayor is the chief executive officer of the municipality and shall preside at all meetings of the council.



(b)               New provision.



(c)                New provision.



Section 23



A correction is made.



Section 24



Consequential amendment.



Section 25



New provision.



Section 26



New provision.



Section 27



(a)               The existing provision is as follows:



74(1)               The council of a municipality may appoint a manager for the municipality.



(b)               Consequential amendment.



Section 28



Consequential amendment.



Section 29



(a)               The existing provision is as follows:



76(1)               The clerk of a municipality is the clerk of the council and shall



(a)               attend all meetings of the council and record in a book, without note or comment, all resolutions, decisions and proceedings of the council,



(b)               New provision.



(c)                New provisions.



(d)               A correction is made.



Section 30



(a)               The existing provision is as follows:



77(1)               The treasurer is the chief financial and accounting officer of the municipality and shall …



(b)               open an account in the name of the municipality in a chartered bank or other place of deposit approved by the council and deposit in that account all money received by him on account of the municipality,



(b)               A correction is made.



Section 31



The existing provision is as follows:



83                        Where a council is authorized to appoint any officer it may appoint an acting officer.



Section 32



The existing provision is as follows:



85(1)               No person who has been elected to a council is eligible for appointment as an officer of or full time employment by the municipality during the term of office mentioned in subsection 39(1).



Section 33



New provision.



Section 34



The existing provision is as follows:



88                        The books of account of a municipality and the minutes of council meetings shall be open during business hours for inspection or examination by qualified voters.



Section 35



New provision.



Section 36



(a)               The existing provision is as follows:



"charitable association" means a registered Canadian charitable association under the Income Tax Act, R.S.C. 1952, c.148;



(b)               A correction is made.



(c)                The existing provision is as follows:



"local board" means any body whose entire membership is appointed under the authority of a council, and includes



(a)               any utility commission that exists pursuant to the Clean Environment Act, and



(b)               any district planning commission that exists pursuant to the Community Planning Act,



but does not include an industrial commission or its board of directors;



(d)(i)         The existing provision is as follows:



"senior appointed officer" means a person employed or appointed by a municipality or a local board who, on a full-time basis, fulfills the responsibilities of any of the following: …



(d)(ii)       Consequential amendment.



Section 37



(a)(i)         Consequential amendment.



(a)(ii)       A correction is made.



(a)(iii)      A correction is made.



(a)(iv)      A correction is made.



(b)               New provision.



Section 38



(a)               A correction is made.



(b)               A correction is made.



(c)                Consequential amendment.



Section 39



(a)               The existing provisions are as follows:



90.4(3)          Subject to subsections (4) and (5), where a member has a conflict of interest with respect to any matter in which the council or local board is concerned and he is present at a meeting of council or the local board, a meeting of a committee of council or the local board, or any other meeting at which business of council or the local board is conducted, at which the matter is a subject of consideration he shall, …



(b)               forthwith withdraw from the meeting while the matter is under consideration or vote.



(b)               The existing provision is as follows:



90.4(4)          Where a member is in doubt as to whether he has a conflict of interest with respect to any matter in which the council or local board is concerned he may disclose by affidavit full particulars of his interest in the matter to the Minister and request the Minister to determine whether he has a conflict of interest with respect to that matter.



(c)                The existing provision is as follows:



90.4(5)          If the Minister determines, on the basis of the disclosure referred to in subsection (4), that in his opinion the member who has made the disclosure does not have a conflict of interest with respect to the matter in question, the member may participate in the consideration of the matter and the voting thereon.



Section 40



The existing provision is as follows:



91(1)               In this section "amusement device" means a machine, contrivance or device that, …



(b)               is not a slot machine under the Criminal Code, chapter C-34 of the Revised Statutes of Canada, 1970.



Section 41



(a)               Consequential amendment.



(b)               The existing provision is as follows:



93                        The Lieutenant-Governor in Council may by regulation approve codes that may be adopted by a municipality respecting …



(b)               slaughtering, processing and selling meat and meat products for human consumption,



(c)                The existing provision is as follows:



93                        The Lieutenant-Governor in Council may by regulation approve codes that may be adopted by a municipality respecting …



(c)                producing, pasteurizing and selling milk and milk products, and



Section 42



(a)               Consequential amendment.



(b)               A correction is made.



Section 43



New provision.



Section 44



A correction is made.



Section 45



A correction is made.



Section 46



(a)               New provision.



(b)               The existing provision is as follows:



96(1)               Subject to subsection (2), the council of a municipality may make by-laws



(a)               respecting animal control, the keeping of animals, disturbance by animals, the protection of persons and property from animals, seizure of animals on private or public property and the licensing of animals,



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



(i)         that the dog be destroyed, or



(ii)       that the owner or keeper of the dog keep the animal under control, and



(c)                respecting any other matter or thing in relation to animals within the municipality.



(c)                Consequential amendment.



Section 47



The existing provision is as follows:



100(1)            Subject to this Act, a council may by by-law …



(c)                impose fines for a violation of a provision of a by-law not to exceed the maximum fine that may be imposed for commission of an offence punishable under Part II of the Provincial Offences Procedure Act as a category C offence;



Section 48



New provision.



Section 49



A correction is made.



Section 50



(a)(i)         The existing provision is as follows:



109(1)            A council may make by-laws for the purposes of preventing and extinguishing fires and protecting property from fire and, without restricting the generality of the foregoing, …



(l)                prohibiting or regulating the lighting of fires outside for the disposal of refuse and prescribing the location and construction of public and private incinerators;



(a)(ii)       New provision.



(b)               A correction is made.



Section 51



The existing provision is as follows:



111(2)            A municipality may enter into an agreement with Canada for the clearance, replanning, rehabilitation and modernization of blighted or substandard areas as provided for under the National Housing Act, chapter N-10 of the Revised Statutes of Canada, 1970.



Section 52



A correction is made.



Section 53



Consequential amendment.



Section 54



(a)               The existing provision is as follows:



162(2)            No by-law made under this section comes into force until approved by the Minister.



(b)               The existing provision is as follows:



162(3)            Where the Minister approves a by-law under this section, he shall fix the date on which the plan comes into operation.



Section 55



A correction is made.



Section 56



Consequential amendment.



Section 57



(a)(i)         The existing provision is as follows:



"parking meter" means a mechanical appliance or device placed or installed at or near a parking space for the purpose of timing, indicating, regulating and controlling the use and occupation by vehicles of such parking space;



(a)(ii)       The existing provision is as follows:



"parking space" means a space that under a by-law made under the authority of this section is provided for the parking of vehicles and for which a parking meter is installed;



(a)(iii)      The existing provision is as follows:



"parking zone" means a street or portion of a street or a parking lot or parking facility approved by the council for the purpose of parking vehicles and on or in which parking meters are installed and maintained to collect a fee for the use and occupation of a parking space;



(a)(iv)      New provision.



(b)(i)         New provision.



(b)(ii)       The existing provision is as follows:



164(2)            A council by by-law, may …



(d)               provide that the payment of the toll is made by inserting a coin in the receptacle provided,



(b)(iii)      New provision.



(c)(i)          A correction is made.



(c)(ii)       The existing provision is as follows:



164(3)            In a prosecution for violation of a by-law made under this section, evidence by a police officer or a person authorized by by-law …



(c)                that, at the time of finding the vehicle in the parking space, he tested the parking meter by the insertion of a coin in the receptacle provided in the parking meter and found it to be in good working order, and



(c)(iii)      The existing provision is as follows:



164(3)            In a prosecution for violation of a by-law made under this section, evidence by a police officer or a person authorized by by-law …



(d)               that the word "violation" or "expired" on the indicator indicates that the toll imposed by the by-law for the use of the parking space had not been paid or that the time for which the toll had been paid had elapsed,



(d)               New provision.



Section 58



(a)               A correction is made.



(b)               The existing provision is as follows:



189(10)         All user-charge rates, fees, rentals and penalties payable for water or sewer service supplied to or with respect to any land within the municipality that is liable to taxation under the Assessment Act and are due and payable for a period of sixty days constitute a special lien and charge on such land in priority to every claim, privilege or encumbrance of every person except the Crown, and such lien is not lost or impaired by any neglect or omission of the municipality or of any officer or employee of the municipality or by want of registration, but such special lien and charge shall not apply to land that is subject to valid and subsisting lease in effect prior to April 2, 1968.



Section 59



Consequential amendment.



Section 60



The existing provision is as follows:



190(1)            A municipality may by by-law provide that this section applies to such areas of the municipality as the by-law prescribes.



190(2)            No person



(a)               shall permit property owned or occupied by him in an area or areas mentioned in any such by-law to be or to become dilapidated or deteriorated so as to be in a dangerous, unsightly or unhealthful condition, or



(b)               shall permit to be or to remain on such property owned or occupied by him in such area or areas mentioned in a by-law made under subsection (1) any ashes, junk, cleanings of yards, bodies or parts of automobiles or of other vehicles or machinery, rubbish or refuse,



so as to cause such place to be dangerous, unsightly or unhealthful to all or any part of the public.



190(3)            Where such conditions arise or exist, whether it arose before or after the passing of this Act or of a by-law made under it, an officer appointed by council may serve notice on the owner or occupier requiring him to remedy the condition and specifying in such notice a full description of the property and what is required to be done and the time in which to do it.



190(3.1)       A copy of the notice to be served under subsection (3) may be registered in the registry office for the county in which the lands referred to in the notice are situated and upon such registration the notice



(a)               binds the land, and



(b)               is deemed for the purposes of this section, to be a notice made to all subsequent owners or occupiers.



190(3.2)       A copy of the notice referred to in subsection (3.1) shall be received and registered by the registrar without acknowledgment or proof of the signature or official position of the officer who served the notice pursuant to subsection (3).



190(4)            Such notice may be served by being posted in a conspicuous place upon the property or by personal service upon the person named therein.



190(5)            In event of the failure of the person so notified to comply with the requirements of such notice, any person authorized by the council may enter upon the property without writ, warrant or other legal process and thereupon remedy the condition which the council has required to be remedied.



190(6)            The cost of remedying the condition may be recovered by the municipality in an action for debt against the owner or occupier of the premises.



190(7)            A person who has been served with a notice under subsection (3) and who fails to comply with the terms thereof commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category E offence.



Section 61



New provisions.



Section 62



(a)               New regulation-making authorities.



(b)               A correction is made.



(c)                New regulation-making authority.



(d)               New regulation-making authority.



Section 63



A correction is made.



Section 64



A correction is made.



Section 65



(a)               The existing provision is as follows:



Any service deemed by the council to be expedient for the peace, order and good government of the municipality and for promoting the health, safety and welfare of the inhabitants of the municipality including, without restricting the generality of the foregoing, the following: …



(q)               recreational facilities;



(b)               New provision.



Section 66



Consequential amendment to New Brunswick Regulation 84-85 under the Municipalities Act.



Section 67



Consequential amendments to New Brunswick Regulation 95-62 under the Municipalities Act.



Section 68



Consequential amendments to the Municipal Elections Act.



Section 69



Commencement provision.

 

Legislative Assembly of New Brunswick
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