Government of New Brunswick

Sections of the Local Governance Act: 50 - 62

This part sets out the provisions related to the following:

  • Vacancies on a council
  • Filling a vacancy on a council
  • Reduced requirements for quorum in case of a vacancy
  • Reduced number of council members in case of a vacancy
  • Schedule of general elections for council
  • Resignation and nomination for office on a council
  • Restriction on powers of outgoing council
  • Effect of election of ineligible person
  • Accepting office on a council
  • Plebiscites

New provisions and Intent:
The new Act provides the choice for a person elected to an office on a council to accept the office either by taking and subscribing the oath of office or by making and subscribing the affirmation of office that are prescribed by regulation.

Section 54 addresses the scheduling of general elections for council. Municipal elections are now referred to as general elections as opposed to quadrennial elections.

Section 59 addresses plebiscites. Under subsection 59(3), a proposal that will be voted on through a plebiscite shall be worded as a question for which the voter may only answer “yes” or “no”. Pursuant to subsection 59(4), if over 50% of those who voted in a plebiscite vote in favour of the proposal, the council shall implement the proposal without delay. Previous legislation had set a 60% threshold.