8.1 Overview of required content

This chapter will provide an overview of the Code of Conduct Regulation under the Local Governance Act. All local governments must enact a code of conduct by-law for members of council in accordance with this regulation. The regulation identifies the required contents to be included in a by-law. In broad terms, the required content includes and/or must address the following:   

  • the values to which members of council shall adhere
  • a requirement that members of council be familiar with the conflict-of-interest provisions in the Local Governance Act and to comply with these provisions
  • the behaviour of the members of council toward other members of council, officers and employees of the local government and members of the public
  • the use of local government property, resources and services by members of council
  • public communications by members of council
  • disclosing confidential information
  • a requirement that they be familiar with the relevant federal and provincial laws and local government by-laws, policies and procedures, including, without limitation, the Right to Information and Protection of Privacy Act. 

Although not required, by-laws could also include prohibitions against harassment, bullying and discrimination. It is important to emphasize that a local government’s code of conduct by-law will need to elaborate on and provide more specifics for most of the categories identified above. Local government staff may want to communicate with other local government colleagues for assistance in drafting a code of conduct by-law. There are many existing by-laws in other communities that are available for reference. Staff may also want to seek legal counsel to ensure their by-law aligns with the Code of Conduct Regulation. 

In November 2025, the Local Governance Commission issued an Advisory regarding closed meetings  with respect to councils’ discussion and decisions on code of conduct and conflict of interest complaints. This Advisory addresses the status of council members (as not employees of a local government) and addresses open meetings related to addressing code of conduct and conflict complaints.

8.2 Application of a code of conduct by-law

The code of conduct by-law applies to the mayor and all councillors and serves as a public declaration of the principles of good conduct and ethics that the public can expect from their local elected officials.

The code of conduct is intended to address such matters as: 

  • improper conduct when representing the local government
  • improper conduct respecting the decision-making process
  • failure to abide by provincial legislation, council policies, procedures and by-laws
  • inappropriate and / or disrespectful treatment of fellow council members, employees and the public
  • misuse of confidential information
  • failure to disclose conflicts of interest and improper use of influence
  • inappropriate use of local government property and resources

8.3 Complaint processes

The Code of Conduct Regulation requires that the following elements be included in a code of conduct by-law relative to processes to properly address complaints that are received: 

  1. A process for filing complaints with the council, including 
    1. the information required to be set out in a complaint
    2. the time period for filing a complaint, processing the complaint and imposing corrective action
    3. designation of a person responsible for receiving complaints on behalf of the council
  2. A process to provide notice in writing of the complaint to the affected member of council and to review the complaint.
  3. A fair and impartial process for the expeditious determination of complaints that are frivolous, vexatious or filed after the required time period.
  4. A process to provide notice in writing of a determination that a complaint is frivolous, vexatious or filed after the required time period, to the complainant and the affected member of council.
  5. A fair and impartial process for investigation of complaints by the local government or a third party.
  6. A process to provide a report of the results of the investigation to the complainant and the affected member of council.

If an individual (a council member, a resident, local government staff, etc.)  observes a behaviour or activity from a member of council that they believe violates the code of conduct by-law, a complaint may be submitted based on the process established in the by-law.   

The following sample process outlines suggested approaches in addressing a complaint in either an informal or a formal manner.  

(i) Informal Process

  • The complaint is encouraged to use the informal complaint process to address behaviour immediately and settle the manner in a timely way. You may do this by phone, email or in-person.
  • The complainant can inform the member of souncil that their behaviour or activity appears to be in violation of the code of conduct and encourage the member of council to acknowledge and agree to stop the behaviour or end the activity.
  • Any person can reqiuest that the mayor (or deputy mayor) facilitate an informal discussion of the alleged complaint to resolve the issue.
  • It is recommended that all parties document all relevant information and interactions involved in the informal process.

 
(ii) Formal Process

If the complainant believes the informal approach has not resolved the issue, or if they prefer not to use the informal approach at all, they can submit a formal request for a code of conduct investigation. 

Whatever process is used, it must be clearly outlined in the local government’s by-law. 

a. Sample outline for a complaint form

The following items could be included in a form used for filing a formal complaint: 

Complaint Form — Code of Conduct — Local Government of ________________
  1. Name of the complainant: (full name of individual signing and filing this complaint) and full address 
  2. Hereby make this complaint against: (name of member(s) of council alleged to have contravened the Code of Conduct of the (name of local government) 
  3. I am: a member of council; an employee; a resident; other 
  4. I have reasonable and probable grounds to believe that the following sections of the code of conduct were contravened: Name the Sections  
  5. Statement of complaint - the particulars of which are included  
  6. Supporting documentation (attach any supporting documentation) 
  7. Personal contact information (phone, email) 
  8. I understand that this form may be sent to the member of council; supporting documentation relevant to this complaint may be sent to the member of council; this form and supporting documents may be sent to an external investigator.  
  9. I certify that I have personal knowledge of the facts as laid out in this form and I declare that the information in this form is true and accurate to the best of my knowledge and belief.  
  10. Signature of complainant & date 

Council decisions

The code of conduct by-law requires the council to take specific actions after receiving an investigation report. At the next regularly scheduled public meeting, the council must review the report. Once the review is complete, the council must hold a vote to determine if the member of council violated the code of conduct by-law. These votes must always be held in open council meetings Following this, the council must pass a resolution on the appropriate corrective action, if any. 

b. Breaching of a code of conduct by-law examples of penalties/sanctions

If a council has determined that a member of council has breached the code of conduct by-law, council may require corrective actions that are included in the local government’s code of conduct by-law. These may include, but are not limited to the following: 

  • reprimanding the member
  • requiring that the member issue a letter of apology
  • requiring that the member attend training or counselling as directed by council
  • suspending the member from exercising the powers or performing the duties conferred under section 48 of the Act
  • reducing or suspending the member’s compensation for the duration of any suspension
  • reducing or suspending the member’s privileges, including travel or the use of resources, services or property of the local government

Important Note: The council is obliged to:  

  • review the report that is produced following the conduct of an investigation into an alleged breach of the code of conduct by-law 
  • hold a vote to determine whether the member of council breached the code of conduct
  • pass a resolution respecting corrective measures, if any are deemed necessary.  

As noted above, these actions must take place at the next regularly scheduled meeting of council.  

c. Annual review of code of conduct by-law

It is a good practice for the code of conduct by-law to be brought forward for review at the beginning of each term of council and at any other time council considers appropriate to ensure that it remains current and continues to accurately reflect the standards of ethical conduct of members of council.  This review can also serve as a reminder to council members of the contents of their Code of Conduct. 

d. Members of council taking ownership

Per section 58 of the Local Governance Act, elected officials must take the oath of office prescribed in the Forms Regulation, which includes a provision that they will follow the code of conduct by-law that is established by the local government.

Role of the Local Governance Commission of New Brunswick

The Local Governance Commission (the Commission) is also responsible for investigating, ruling on, and in some cases imposing sanctions for breaches of code of conduct by-laws.  

Code of conduct complaints can come into the Commission in one of three ways: 

  1. Where a complaint has first been submitted to the applicable local government. In such cases, the complaint must be received, processed, investigated (often by an independent third-party investigator), a decision must have been made by council, and one or both of the parties is dissatisfied with the outcome.
  2. Where a complaint has been filed first with the applicable local government, but it is against so many councillors that they do not have quorum to process and render a decision on the complaint.
  3. Where a local government refuses to accept a complaint.

All code of complaints must first be filed with the applicable local government as the Commission’s jurisdiction to receive code of conduct complaints is set out in subsection 42(1) of the Local Governance Commission Act: 

“42(1) If a matter respecting an alleged breach of a provision of a code of conduct cannot be resolved under the Local Governance Act or the Regional Service Delivery Act, a person may request in writing that the Commission investigate the alleged breach.” 

This is because pursuant to subsection 10(2)(b) of the Local Governance Act, all local governments must have a code of conduct by-law.  

Code of conduct complaint forms may be found on the Commission’s website.

Section 43 of the Local Governance Commission Act sets out the sanctions that may be imposed by the Commission for breaches of code of conduct by-laws: 

“43 … if the Commission decides that a member of a council, … , breached a provision of a code of conduct, the Commission may, by order, impose any one or more of the following sanctions: 

  1. That the member be reprimanded.
  2. That the member deliver to the local government, regional service commission or rural district advisory committee, as the case may be, 
    1. any fees, gifts, gratuities or other benefit received or the value of any fees, gifts, gratuities or other benefit received within 30 days after the decision of the Commission
    2. any profit made in violation of the code of conduct as soon as possible after the decision of the Commission
  3. That the member reimburse an amount equal to the remuneration, allowances or other sums received as member while the violation of the code of conduct continued.
  4. That the member be suspended for a period of up to 90 days and not exceeding the expiry of the member’s term of office.