Sections of the Local Governance Act: Sections 192-203
Part 18 provides transitional provisions from the Municipalities Act to the Local Governance Act, provisions to repeal the Municipalities Act and sections of the Unsightly Premises Act, and commencement provisions for the Local Governance Act.
The areas covered in this part include:
- Existing local governments continue under this Act
- Territorial limits of local governments remain unchanged
- Wards remain unchanged
- By-laws under the Municipalities Act
- Regulations under the Municipalities Act
- By-laws respecting pension or superannuation plans made under the Municipalities Act
- Continuation of four-year balanced budgets
- Continuation of existing bodies corporate
- Continuation of local improvement associations
- Continuation of appointment of officers
- Permits deemed to be issued under the Local Governance Act
- Transitional terms of office for members of advisory committees
- Repeal of the Municipalities Act
- Repeal of New Brunswick Regulation 95-110 under the Municipalities Act
- Amendments to the Unsightly Premises Act
Provisions in Part 18:
Existing local governments continue under this Act
Any municipality, rural community or regional municipality in existence prior to the coming into force of this section remains, and the residents continue to be bodies corporate.
Territorial limits of local governments remain unchanged
The geographic boundaries of any municipalities, rural communities or regional municipalities that were in existence prior to the coming into force of section 193 remain the same, until changed in accordance with this Act, or any other Act.
Wards remain unchanged
Any electoral wards in place in a municipality, rural community or regional municipality that were in existence prior to the coming in force of the Local Governance Act, stay the same until the local government changes its by-law.
By-laws under the Municipalities Act
Any by-law that was in force under the authority of the Municipalities Act is valid and is considered to have been made under the authority of the Local Governance Act and is in force until such time as it is amended or repealed.
Regulations under the Municipalities Act
The following regulations made under the Municipalities Act, chapter M-22 of the Revised Statutes, 1973, will remain in force until repealed or replaced:
- Provincial Exhibitions and Concerts Regulation 81-114,
- Disclosure of Interest Form Regulation 81-150,
- Water Costs for Fire Protection Regulation 81-195,
- Municipal Budgets Regulation 82-84,
- Provincial Dog Regulation 84-85,
- Residential Properties Maintenance and Occupancy Code Approval Regulation 84-86,
- Local Service Districts Regulation 84-168,
- Municipalities Regulation 85-6,
- Terms and Conditions for Payment of User-Charges Regulation 88-193,
- Blasting Code Approval Regulation 89-108,
- Rural Community of Beaubassin East Regulation 95-36,
- Reserve Fund Regulation 97-145,
- Oath of Office Regulation 2001-40,
- Garbage Collection Regulation 2002-59,
- Procedural By-Law Regulation 2004-25,
- Rural Community Administration Regulation 2005-94,
- Rural Community Incorporation and Restructuring Regulation 2005-95,
- Municipal Incorporation and Restructuring Regulation 2005-96,
- Rural Community Services Regulation 2005-97,
- Shared Service Agreement Regulation 2005-98,
- Rural Community of Saint-André Regulation 2006-34,
- Land Registry Forms Regulation 2007-22,
- Rural Community of Upper Miramichi Regulation 2008-37,
- Shared Generation Facility Agreement Regulation 2010-4,
- Uniform Contributory Pension Plan Regulation 2010-23,
- Rural Community of Campobello Regulation 2010-138,
- Rural Community of Kedgwick Regulation 2012-18,
- Rural Community of Hanwell Regulation 2014-30,
- Regional Municipality of Grand Tracadie-Sheila Regulation 2014-34,
- Rural Community of Cocagne Regulation 2014-43;
- Rural Community of Haut-Madawaska Regulation 2017-3
By-laws respecting pension or superannuation plans made under the Municipalities Act
A new by-law to replace a by-law made previously under the authority of 162(1) of the Municipalities Act is not needed in order for pension or superannuation plans to continue. The existing by-law may be amended under the authority of section 162 of the Municipalities Act, as if that subsection had not been repealed.
Continuation of four-year balanced budgets
If a local government has produced a four-year balanced budget for either a generation facility or a water or sanitary sewerage system under the authority of paragraph 111.4(2)(b) or paragraph 189(4)(b), respectively of the Municipalities Act prior to the commencement of section 198 of the Local Governance Act, that authority will continue, until the end of that four-year budget period.
Continuation of existing bodies corporate
A corporation that was incorporated before the commencement of section 199 for the purpose of carrying on business for or on behalf of a municipality, rural community or regional municipality may continue.
Continuation of local improvement association
Local improvement associations in existence before the commencement of this section continue as corporations with the same authorities, roles and responsibilities held under the former Municipalities Act. There is no authority under the Local Governance Act to incorporate new local improvement associations.
Continuation of appointment of officers
A chief administrative officer, clerk, treasurer, auditor, assistant clerk, assistant treasurer, engineer, building inspector, solicitor and such other officers who were appointed under section 74 of the Municipalities Act, or a by-law enforcement officer appointed under subsection 14(1) of the Police Act, who were appointed before the commencement of section 201, continue to hold those offices and shall be considered to be appointed under section 71 or section 72 respectively, of the Local Governance Act.
Permits deemed to be issued under the Local Governance Act
A permit that was issued to a retail business allowing it to operate on the weekly day of rest prior to the commencement of section 202 continues to be valid.
Transitional terms of office for members of advisory committees
Members of existing local service district advisory committees shall continue as members and be considered to be elected under section 169 of the Local Governance Act. The term of members of existing advisory committees will end on May 31, 2020. There will be no elections of advisory committees during 2019, unless it is for a new local service district advisory committee. The Minister shall call meetings between January 1, 2020 and May 31, 2020 in local service districts to elect advisory committee members where there are existing advisory committees, and their terms of office will begin on June 1, 2020. If a new advisory committee has been elected in the year previous to May 31, 2020, no election will be held until the next general election held after May 2020 and the members will continue until that event.
Repeal of the Municipalities Act
The Municipalities Act, chapter M-22 of the Revised Statutes, 1973, is repealed.
Repeal of New Brunswick Regulation 95-110 under the Municipalities Act
This Regulation, cited as the Maximum Fee Regulation – Municipalities Act, is repealed.
Amendments to the Unsightly Premises Act
The Unsightly Premises Act has been amended and now only deals with the matter of salvage yards. It will continue to be administered by the Minister and will continue to apply to salvage and salvage yards. The parameters of establishing, maintaining, operating and location of salvage yards, the appointment of inspectors by the Minister and their powers, interference with those inspectors, violations, offences and penalties for contravention, all continue in the Unsightly Premises Act.
Part 13 of the Local Governance Act details the by-law-making authorities of local governments regarding dangerous or unsightly premises. Paragraph 191(1)(ee) details the regulation-making authority for these matters in LSDs and in those local governments that have not adopted a by-law.