BILL 14

An Act to Amend the
Municipalities Act

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

1Section 13 of the Municipalities Act, chapter M-22 of the Revised Statutes, 1973, is amended by striking out ``Where a provision of this Act conflicts with or is inconsistent with a provision in a municipal charter or a private or special Act, this Act prevails;'' and substituting ``Where a provision of this Act or a regulation or an Order in Council made under this Act conflicts with or is inconsistent with a provision in a municipal charter or a private or special Act, this Act or the regulation or the Order in Council made under this Act, as the case may be, prevails;''.

2Section 14 of the Act is amended

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

14(4)The Minister may, and if petitioned by the council of a municipality shall, carry out a study to determine the feasibility of dissolving a municipality.

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

14(4.1)A municipality shall not be dissolved except by special Act of the Legislature.

14(4.2)Subsection (4.1) does not apply to amalgamation, annexation or decrement proceedings under this Act.

3Subsection 14.1(2) of the Act is amended by striking out ``Notwithstanding subsection 14(4)'' and substituting ``Notwithstanding subsection 14(4.1)''.

4Section 19 of the Act is amended

(a)in paragraph (9)(f) by striking out ``new municipality'' and substituting ``new municipality, including acting under subsection (9.1)'';

(b)by adding after section (9) the following:

19(9.1)The first council may, by resolution during the period falling between the taking of the oath of office and six months after the effective date of the amalgamation, revoke the appointment of an officer appointed by an affected municipality and

(a)appoint that person as an officer of the new municipality for the purposes of paragraph (6)(a) and section 74, or

(b)subject to any applicable collective agreement,

(i)reassign that person to a new position,

(ii)make arrangements for the retirement of that person, or

(iii)terminate the employment of that person, on reasonable notice or payment in lieu of such notice.

19(9.2)A resolution under subparagraph (9.1)(b)(i), (ii) or (iii) made before the effective date of the amalgamation shall not be effective until the effective date of the amalgamation.

19(9.3)A resolution under subparagraph (9.1)(b)(iii) shall be made only on the affirmative vote of at least two-thirds of all of the members of the council.

19(9.4)The clerk of the new municipality shall cause a certified copy of the resolution made under subsection (9.1) to be served on the officer of the affected municipality within seven days after the making of the resolution.

5Subsection 22 of the Act is amended by adding after subsection (3) the following:

22(3.1)The villages created under subsection (3) having the respective names set opposite each in column 2 of the Second Schedule continue until changed in accordance with the provisions of this Act.

6Subsection 74 of the Act is amended

(a)in subsection (5) by striking out ``subject to section 85" and substituting ``subject to section 85 and subsection (6)'';

(b)by adding after subsection (5) the following:

74(6)Subsection (5) does not apply to a person in respect of whom a resolution has been made under subparagraph 19(9.1)(b)(i), (ii) or (iii).

7Section 3 of the Municipal Elections Act, chapter M-21.01 of the Acts of New Brunswick, 1979, is repealed and the following is substited:

3(1)This Act and the Municipalities Act govern the election of mayors and councillors for municipalities.

3(2)No provision in a municipal charter or a special or private Act applies to the election of mayors or councillors for municipalities.

8(1)New Brunswick Regulations 66-52; 66-53; 66-59; 66-62; 66-63; 67-14; 67-21; 67-35; 67-43; 67-46; 67-72; 67-89; 67-106; 67-111; 67-113; 67-119A; 67-129; 68-7; 68-18; 68-29; 68-32; 68-35; 68-55; 68-71; 68-82; 68-93; 68-99; 68-109; 68-115; 69-3; 69-29; 69-37; 69-67; 69-91; 69-101; 69-106; 69-109; 70-13; 70-64; 70-108; 70-115; 71-6; 71-33; 71-59; 71-94; 71-98; 71-104; 71-125; 72-129; 72-132; 72-137; 72-147; 73-17; 73-46; 73-58; 73-64; 73-69; 73-78; 73-80; 73-99; 73-100; 73-104; 73-107; 73-113; 73-114; 73-115; 73-119; 73-121; 73-124; 74-31; 74-32; 74-39; 74-42; 74-43; 74-44; 74-49; 74-138; 74-147; 74-211; 75-47; 75-58; 75-59; 75-64; 75-88; 75-98; 75-113; 75-115; 76-70; 76-114; 76-127; 76-145; 76-151; 77-2; 77-30; 77-34; 77-55; 77-64; 77-71; 77-87; 77-111; 78-19; 78-48; 78-57; 78-77; 78-82; 78-108; 79-35; 79-51; 79-95; 79-102; 79-131; 80-56; 80-58; 80-86; 80-103; 80-133; 81-17; 81-19; 81-26; 81-94; 81-106; 81-110; 81-196; 82-130; 82-148; 82-207; 82-249; 83-18; 83-27; 83-158; 83-230; 83-231; 83-232; 83-233; 84-72; 85-6; 85-54; 85-55; 85-96; 85-138; 85-177; 86-35; 86-36; 86-37; 86-38; 86-130; 86-131; 86-178; 86-183; 87-7; 87-119; 87-149; 88-66; 88-98; 88-135; 89-12; 89-95; 89-149; 89-196; 90-103; 90-134; 91-9; 91-14; 91-65; 91-80; 91-89; 91-90; 91-112; 91-118; 91-154; 91-161; 91-163; 91-182; 92-15; 92-148; 92-162; 92-165; 93-151; 94-2; 94-146; 94-159; 95-1; 95-4; 95-20; 95-37; 95-68; 95-72; 95-145; 97-39; 97-40; 97-41; 97-57; 97-58 and 97-66 under the Municipalities Act shall be deemed to have been validly made and to have been enforceable or to be enforceable, as the case may be.

8(2)All decisions taken by a council that was constituted under a regulation referred to in subsection (1) shall be deemed to have been taken by a council validly and lawfully constituted under the laws of the Province in force at the time the regulation was made.

9(1)Section 13 as enacted by section 1 of this amending Act shall be deemed to have come into force on June 22, 1966.

9(2)Subsections 14(4), (4.1) and (4.2) as enacted by section 2 of this amending Act shall be deemed to have come into force on June 22, 1966.

9(3)Subsection 22(3.1) as enacted by section 5 of this amending Act shall be deemed to have come into force on June 22, 1966.

10No action taken under any Act of the Legislature or by a council as defined under the Municipalities Act is invalid by reason only that

(a)section 13 as enacted by section 1 of this amending Act,

(b)subsections 14(4), (4.1) and (4.2) as enacted by section 2 of this amending Act, and

(c)subsection 22(3.1) as enacted by section 5 of this amending Act,

were not enacted at the time the action was taken.

EXPLANATORY NOTES

Section 1

The existing provision is as follows:

13Where a provision of this Act conflicts with or is inconsistent with a provision in a municipal charter or a private or special Act, this Act prevails; but the Lieutenant-Governor in Council may by regulation extend the powers of a municipality to include a power set out in its municipal charter or in a private or special Act respecting that municipality.

Section 2

(a)The existing provision is as follows:

14(4)The Minister may, and if petitioned by the council of a municipality shall, carry out a study to determine the feasibility of dissolving a municipality; but a municipality shall not be dissolved except by special Act of the Legislature.

(b)The new subsection 14(4.2) provides that subsection 14(4.1) does not apply to an amalgamation, annexation or decrement proceedings under the Act.

Section 3

The existing provision is as follows:

14.1(2)Notwithstanding subsection 14(4), where a feasibility report under subsection 14(1) or a study under subsection 14(4) recommends that a village become a rural community or part of a rural community, the Lieutenant-Governor in Council may, on the recommendation of the Minister and in accordance with this section, dissolve a village by regulation.

Section 4

(a)The existing provision is as follows:

19(9)Notwithstanding the effective date of the incorporation, amalgamation, annexation or decrement or any provision of this Act or any other Act, where a first election is held under paragraph (1)(e) to elect a first council prior to the effective date of the incorporation, amalgamation, annexation or decrement, the first council of the new municipality, upon taking the oath of office

(f)may make arrangements for the appointment of officers of the new municipality, and

(b)The new subsection 19(9.1) authorizes the first council during the period falling between the taking of the oath of office and six months after the effective date of the amalgamation, to revoke by resolution the appointment of an officer appointed by an affected municipality and either appoint that person as an officer of the new municipality for the purposes of paragraph 19(6)(a) and section 74, or subject to any applicable collective agreement, reassign that person to a new position, make arrangements for the retirement of that person, or terminate the employment of that person, on reasonable notice or payment in lieu of such notice.

The new subsection 19(9.2) provides that a resolution made under the new subparagraph 19(9.1)(b)(i), (ii) or (iii) before the effective date of the amalgamation shall not be effective until the effective date of the amalgamation.

The new subsection 19(9.3) provides that a resolution under subparagraph 19(9.1)(b)(iii) shall be made only on the affirmative vote of at least two thirds of all of the members of the council.

The new subsection 19(9.4) provides that the clerk of the new municipality shall cause a certified copy of the resolution made under paragraph 19(9.1) to be served on the officer of the affected municipality within seven days of the making of the resolution.

Section 5

The new subsection 22(3.1) provides that the villages created under subsection 22(3) having the respective names set opposite each in column 2 of the Second Schedule continue until changed in accordance with the provisions of this Act.

Section 6

(a)The existing provision is as follows:

74(5)With the exception of auditors, all officers employed solely by the municipality on a full time basis and appointed under this section, are entitled, subject to section 85, to hold office until retirement, death, resignation, or dismissal for cause by the affirmative vote of at least two thirds of all the members of the council.

(b)The new subsection 74(6) provides that subsection 74(5) does not apply to a person in respect of whom a resolution has been made under subparagraph 19(9.1)(b)(i), (ii) or (iii).

Section 7

(a)The existing provision is as follows:

3This Act governs the election of mayors and councillors for municipalities.

Sections 8 to 10

A number of New Brunswick Regulations are validated.

Chapter Outline Update

Sections 1 to 4

No change required.

Section 5

Add after subsection 22(2), (3) the following:

Continuance of deemed villages 22(3.1)

Section 6

Strike out subsection 74(5) and substitute the following:

Tenure of municipal officers 74(5), (6)

Sections 7 to 10

No change required.

Endorse: Hon. Ann Breault


Last Modified: 11:20am , December 10, 1997