The local government general election process

This chapter focuses on the general election process in New Brunswick. It includes information for candidates preparing to run for office, the steps leading up to the election, as well as transitional matters, including the holding of the first meeting of a newly elected council. It also provides information regarding by-elections. 

General elections in New Brunswick occur every four years on the second Monday in May. Therefore, local government elections will be held on May 11, 2026, May 13, 2030 and so on. Currently, there are approximately 650 individuals to be elected to local government office.  

Elections NB has the mandate to conduct free and fair elections for New Brunswickers, to facilitate compliance with electoral laws, and to advance public awareness of and confidence in the electoral process. 

By-elections to fill vacancies can occur typically twice a year, other than in the twelve months prior to the general local government elections. Elections NB sets the dates for these by-elections. There are no limitations placed on how many times an individual can be elected to serve as a member of council (councillor and/or mayor).  Under subsection 55(4) of the Local Governance Act, a member who resigns is not qualified to be a candidate at a by-election held to fill the vacancy created by the member’s resignation.  

Terms of office are four years, but may be shorter if someone is elected in a by-election or a special election following restructuring.

The decision to run for office is not an easy one to make, nor one that should be taken lightly. It is a decision that should be made with as much information as possible. As a potential candidate, there are several important questions that should be considered before making the decision. These include, but are not limited to the following: 

1. Am I eligible to be a candidate? 
2. Why do I want to run for local government office? 
3. Do I know what local government is really about? 
4. Do I understand what my role may consist of? 
5. What kind of commitment is required and can I make this commitment? 

Section 18 of the Municipal Elections Act states that a person who is entitled to vote is qualified to be a candidate for local government office. An individual must be: 

• a Canadian citizen
• 18 years of age on the day of the election
• a resident of the local government (i.e., of the community) in which the person intends to run for a period of at least six months immediately before the election
• in a local government that is divided into wards for election purposes, a person is not qualified to be nominated as a candidate for councillor for a ward unless they are a resident of that ward when they are nominated

For most people, determining where they are “ordinarily resident” is straightforward, as they only live in one place. However, many people have two residences – one they consider their ordinary, or principal, residence, and one that is a seasonal residence or a residence they use while working in a different area than where they “live”. If an individual is uncertain about their qualifications to run for office in a particular place, they should call the closest municipal returning office, or the main office of Elections New Brunswick at 1-888-858-8683 (VOTE).  

Some individuals are not eligible to be candidates in local government elections: this includes judges, local government officers and full-time local government employees, election officers and any person who has been disqualified from voting under federal, provincial, or municipal election laws.

Subsection 84.9(1) of the Local Governance Act, also states that a member of council is not eligible for appointment as an officer of the local government or for employment with the local government, including an appointment or employment for no remuneration, at any time while the person is holds office as a member of council. This subsection does not apply to a member of council who serves as a volunteer firefighter for the local govenrment.  What this means is you cannot work for the local government in a part-time or full-time capacity and be a member of council unless you are serving as a volunteer firefighter.  

Subsection 85(1) also states that a council member is not eligible for appointment as an officer of the local government or for employment with the local government for a period of one year after the date on which the member ceases to hold office as a member of council.  However, this restriction does not apply if the person is appointed or employed without remuneration. 

It is important, if not critical, that individuals contemplating a run for office have an understanding of what local government is really about and the role a councillor or mayor has as part of the local government organization. There are a variety of sources for this kind of information. These would include: 

• the website of the local government
• the Local Governance Act
• agendas and minutes of council meetings
• attendance at regular and special council meetings
• procedural by-law of the local government
• code of conduct by-law of the local government
• various publications focusing on the role of local government such as audited financial statements and annual reports
• this resource manual
• talk to former and current local government officials

Involvement in local government as an elected official, while rewarding, does require substantial time commitments. Potential candidates should be aware, to the extent possible, of the time commitments required. Depending on the local government and whether the role is that of councillor or mayor, the time commitment can range from a few hours a week to the equivalent of a full-time job. The range and scope of issues a local government is facing will also have a direct bearing on the amount of time required of council members in fulfilling their responsibilities. You may speak to the chief administrative officer or the clerk of the local government and inquire about their meeting schedule including regular, special and committee meetings.  

Before making a final decision to run for office, individuals may also find it helpful to speak with other residents, business owners, and community groups to find out what is on their minds and what issues they feel should be addressed by the local government. The potential candidate might also ask themselves the following questions before submitting their nomination papers: 

• Do I have the time to commit to this new role if I am elected? 
• Am I willing to hear, on a regular basis, , from residents and listen to their concerns once elected (phone calls, letters, emails, being approached in public, attending events in your community)?  While being accessible is part of the role of a council member, it is important to note that even elected officials may establish healthy boundaries when out in public.  For example, if you’re in a grocery store, and a constituent has concerns, you may provide them with your business card and note that you look forward to hearing from them during the hours you’ve identified on your card. 
• Am I willing to participate in all council and committee meetings to which you are appointed, releveant public hearings, special meetings, sometimes involving long hours and including weekends? 
• Can I accept and support decisions that will not be agreed upon by everyone? 
• Can I juggle with several issues at once? 
• Can I deal with criticism? 
• Do I mind being in the public eye? 
• Can I work effectively as part of a team? 
• Am I willing to compromise? 
• Am I willing to listen and share my opinions? 
• Am I willing to leave the discussion if I have a conflict of interest? 
• Have I discussed this with employer and are they supportive of my participation at meetings that may sometimes conflict with regular working hours?  

Once the election period begins, and an individual has decided to run for office, the first required step in the election process is to file nomination papers. This must be done by the day that is fixed for the close of nominations. The nomination period starts when the Notice of Election is published, about four to five weeks before election day, and closes the 31st day before election day. This gives two to three weeks for prospective candidates to file their nomination papers. Nomination forms can be found on the Elections New Brunswick’s website or at the offices of the municipal returning officers. 

The nomination form must include the name and address of the candidate, the office for which the candidate is running, the consent of the candidate to be nominated and the names, signatures and civic addresses of at least 10 nominators for the candidate. Signatures of the nominators are to be collected by the witness signing the nomination form and not by the candidate. The nominators signing the nomination form must be qualified to vote, be resident in the local government where the election is being held (and the ward, if the person is running as a ward candidate), and need to be on the voter’s list at the address they put on the nomination paper. 

Once the nomination papers have been filed with the municipal returning officer, the official campaign begins. In preparing to run for office, candidates should consider the following questions: 

a. Who is going to help with the campaign? 

While in some local governments it may be possible for candidates to run a campaign by themselves, in some cases, there may be a need to involve a team of individuals to assist. Prospective candidates should have their team lined up before nomination papers are submitted. 

b. What is the budget for the campaign? 

Candidates should have a budget for their campaign; this will help in the organization of the campaign. 

c. What is the communication strategy for the campaign? 

A strategy would include how messages will be delivered (by flyers, newspapers, website, various social media platforms, public meetings, etc.) and what the key messages will be (issues, new ideas, priorities). 

d. What are the issues that will be published during the campaign? 

Candidates should devote time, before their campaign begins, to defining the issues they think are important for the local government and the residents of the community. As much as possible, prospective candidates should try to have a balanced platform that focuses on the community as a whole and not just on one issue. Often, a candidate runs for local government office hoping to rectify a specific issue that may not be able to be addressed in the manner they had specified in their campaign. In this regard, it is important to remember that a member of council has only one vote on council. It is the whole of council that is the decision-making body.  If you are running for the position of mayor, your local government’s procedural by-law may state that the mayor only votes in the case of a tie. You can consult with your local govenrment.  

e. What are the rules with respect to local government campaigns? 

The Municipal Elections Act specifies various election-related offenses and the potential penalties. Those relating to printed election advertisements and signs are described in section 54. Prohibited electioneering activities are described in detail in section 55. Section 56 specifies the penalties associated with offences pertaining to printed election advertisements and signage as well as the prohibied electioneering activities. It is strongly recommended that candidates familiarize themselves with these provisions.  

Local government general elections in New Brunswick occur every four years, on the second Monday in May. Voters will cast their votes in elections where there are more candidates than there are offices to be filled. Following the close of polls, the votes are counted and the results are usually known within a few hours. If the results show an equal number of votes for two candidates, the municipal returning officer will recount the votes in the presence of at least two qualified voters (normally the affected candidates). If the recount still results in a tie, the municipal returning officer will break the tie by putting   both names in a container and drawing one out, with the candidate whose name is drawn being declared elected. If the candidates do not agree on this method to break the tie, the municipal returning officer will make a request to a judge of the Court of King’s Bench for a recount. If after this second recount there remains a tie, both names are put in a container and the judge directs the municipal returning officer to withdraw a name, and the candidate whose name is withdrawn shall be declared by the judge to be elected. 

Where the number of votes separating (winning and losing) candidates is not more than 25, a candidate may apply to the municipal returning office for a recount. The application must be filed within 10 days after the election. There is no charge for such recount. If the candidates do not agree on the results, the candidate not declared elected may apply for a judicial recount to the Court of King’s Bench. The candidate has 10 days following the recount at the municipal returning office to request a judicial recount. 

In cases where a candidate has lost an election by more than 25 votes but has reasons to believe the votes were improperly counted or rejected, or incorrectly added up, a request can also be made to a judge for a recount. Candidates have 10 days following the day of the election to request a judicial recount. Where recount changes the election results so that a different candidate is declared elected than was originally declared elected, the costs of the recount are paid by Elections New Brunswick. If the recount in this instance does not change the candidate declared elected, the costs of the recount are paid by the candidate who requested the recount. (Municipal Elections Act: 41, 42) 

If the number of candidates nominated for a position is equal to or less than the number of positions available, each candidate is deemed elected by acclamation. (Municipal Elections Act: 19(1), 41) 

A by-election may be the result of insufficient candidates having run for office in the general elections, or a vacancy being declared on a council in one of the circumstances described in subsection 50(1) of the Local Governance Act. By-elections are conducted in the same manner as the general elections. 

By-elections cannot occur in the 12 months preceding the general elections, so if a vacancy occurs in this time, the vacancy will remain until a new council is elected and sworn in following the next general election. (Local Governance Act: 51(4).

In the run-up to a general election, local government councils should carefully consider any new initiatives or major decisions that might bind an incoming council. In some cases, the vision of a newly elected council may not reflect the vision of the outgoing council. 

Following a general election, the outgoing council members will remain in office until first meeting of an incoming council. During the period commencing on the day of the general election and ending on the day of the first meeting of an incoming council, the outgoing council shall continue to exercise its powers but shall not (Local Governance Act: 56(1).): 

• make, amend or repeal a by-law under the authority of the Local Governance Act or any other Act
• become a party to any agreement, contract, instrument or any other document other than those provided for in the estimates adopted under paragraph 99(2)(a) for the current year (meaning the local government’s adopted budget)
• borrow or make payments of funds other than those provided for in the estimates adopted under paragraph 99(2)(a) for the current year
• purchase or dispose of capital assets
• appoint or dismiss officers or employees

In rare instances, a council may feel that it must address a particular situation.  A council may conduct business referenced  above (subsections 56 (1) and (2) if it is in the public interest and is urgently required or is authorizied by a by-law made before the day of the general election. (Local Governance Act: 56(3).) 

All members of council are required to accept office on a council whether they are elected in a general election or by-election or acclaimed. The form for the oath of office is established by Regulation 2018-52 under the Local Governance Act as Form 2. This form must be used by all local government elected officials.  

Following the municipal returning officer’s declaration, all elected candidates must accept office on council. (Local Governance Act: 58 (local government council), 176.3 (rural district advisory committee.))

• A person elected to an office on a council in a general election shall take the oath or make the affirmation under subsection (1) on or before the first meeting of council. (Local Governance Act: 58(2).) 
• A person acclaimed in a by-election shall take the oath or make the affirmation without delay. (Local Governance Act 58(3)).  
• A person elected to an office on a council in a by-election shall take the oath or make affirmation following the waiting period (Local Governance Act 58(4) and Municipal Elections 41.1(1)).  
• If a judicial recount occurs, the candidate elected to the office cannot take the oath until the recount has been completed and one of the candidates is finally declared elected by the judge. (Municipal Elections Act: 42 (10), Local Governance Act: 58(7).) 
• In cases where a person who has been elected cannot accept office on council per the usual schedule because of an illness or an unavoidable absence, they may take the oath of office at any time following their election. (Local Governance Act: 58(6).)   

Note: Accepting office on a council following a general election or by-election typically takes place at a special meeting as a separate function or can occur as the first item on the agenda of the first meeting of council following a general election. For information regarding accepting office on a council, you may contact the clerk’s office of the local government for more details.

The following persons may administer the oath of office or affirmation of office: 

1. the clerk of the local government
2. a notary public or a commissioner of oaths for taking affidavits
3. a judge of the Provincial Court, The Court of King’s Bench of New Brunswick, or The Court of Appeal of New Brunswick. (Local Governance Act: 58(10).) 

Once the oath of office or affirmation of office is administered, it shall be filed in the Office of the Clerk and the clerk shall record in the minutes of council the taking and receiving of each oath or affirmation. (Local Governance Act: 58(11).) 

The oath of office or affirmation of office  form generally states that a member of council will, to the best of their knowledge, qualify for the office of mayor or councillor and accept office.  It also states that the member of council will follow the code of conduct estabished by a by-law of the local government. This is a topic where training will be provided as part of an orientation following an election or by-election.

A council member’s term begins with the first meeting of the newly elected council or at their first meeting of council following a by-election. For council members elected in a general election, the clerk shall set a date for the first meeting of the council which shall not be before the expiration of the period for filing a petition under section 42 of the Municipal Elections Act and, if a petition is filed, before a judge of The Court of King’s Bench of New Brunswick declares a candidate elected under that section. The first meeting of a newly elected council is to be held no later than June 15, unless a candidate has not been declared elected by that date, in which case the first meeting shall be held as soon as the circumstances permit after that declaration. (Local Governance Act: 63)

Various aspects of meetings of council are detailed in Chapter 4 of this manual.

A council of a local government must elect a deputy mayor. The manner in which the deputy mayor is elected and the duration of their term is to be determined by the council and detailed in the local government’s procedural by-law. The appointment of the deputy mayor must be ratified by a resolution of council. When outlining the term of the deputy mayor in the procedural by-law, it is important to consider that the deputy mayor can resign at any time. A by-law that limits appointments to specific intervals (for example, yearly or every four years, can be problematic. For instance, if the deputy mayor resigns before completing their term, the by-law should allow for the appointment of a replacement deputy mayor when necessary, instead of waiting for the next scheduled interval. Local Governance Act: 48(3)/Procedural By-law, Regulation 2018-84.) 

It is important that an information package and  orientation  be provided for elected councils following each election or by-election. An orientation  is very beneficial and instrumental for ensuring the elected officials become acquainted with the structure and responsibilities of a local government. Orientation training might include (but is not limited to) some of the topics listed below.  

• Overview of the Local Governance Act.    
• Roles and responsibilities of all members of council (i.e. mayor and councillors). 
• Roles and responsibilities and introduction of staff. 
• Organization of the local government (who does what, reporting relationships). 
• Local government finances and the budgeting process. 
• Community planning processes. 
• Public procurement processes.  
• Services provided by the local government.  
• Procedural by-law and council meeting procedures and processes. 
• Code of conduct by-law.
• Legal matters (e.g., conflicts of interest).
• Emergency management.
• Roles of the Department of Environment and Local Government and various other provincial departments having linkages with local governments (e.g., Justice and Public Safety, Transportation and Infrastructure, etc.).

Nomination to committees of council may take place in a variety of ways. In some instances, advertisements from the local government are placed in local newspapers, radio stations, websites, or social media advising residents of the various committees and calling for letters of interest to serve on the committees. Interested residents’ names can be placed on a interest list for council consideration when a vacancy arises. Other methods include nominations coming from the committee members themselves, the mayor or a councillor or staff. 

It is beneficial to have the process by which committee members are nominated and appointed documented in the local government’s procedural by-law. A good practice is to keep a record  with a current listing of all committees and their members, along with the terms of office. 

An individual may only give a contribution using their own personal funds or property. This provision prevents a contributor from using money that is not their own to make a contribution. It does not prevent a council member from attending a political event or making a contribution with their own funds. However, they cannot be reimbursed by the local government council. 

For example, this scenario would be forbidden under this provision: 

• A local government council reimbursing a council member for tickets purchased to a political fundraising activity, thus circumventing the prohibition on a local government council making a contribution or providing financing.  

More information can be found in the Political Process Financing Act, s. 38.