PDBM (PWFSONFOU · PDF file(ii) Rural Plan vs. Municipal Plan (iii) Zoning By-law vs. Subdivision By-law p. Official Languages Act q. Applicability of Provincial Regulations r

Local GovernmentResource Manual

Table of ContentsINTRODUCTION

SECTION 1: NEW BRUNSWICK CONTEXT

1.1 EqualOpportunityandtheimpactontheLocalGovernmentSystem–ABrief Review1.2 Establishment,ResponsibilitiesandPowersofLocalGovernment1.3 LocalGovernmentinNewBrunswick–TheCurrentPicture a.Municipalities (i)NumberofMunicipalitiesbyPopulation(Census2006) b.UnincorporatedAreas c. ArrangementsfortheSharedProvisionofServices1.4 ArrangementsfortheSharedProvisionofServices

SECTION 2: THE LOCAL GOVERNMENT ELECTION PROCESS

INTROdUCTION

2.1 TimingofLocalGovernmentElections2.2 ThedecisiontoOfferasaCandidate2.3 EligibilitytobeaCandidate2.4 GatheringInformation2.5 FilingofNominationPapersandtheCampaign2.6 TheCampaign a.Whoisgoingtohelpwiththecampaign? b.Whatisthebudget? c.Whatisthestrategy? d.Whataretheissuesthatwillbepublicized? e.Whataretherules?2.7 ElectiondayandVoting2.8 Acclamations2.9 By-Elections2.10 LimitedPowersoftheOutgoingCouncil2.11 OathofOffice: a.QuadrennialElections b.By-elections2.12 AdministrationoftheOathofOffice2.13 FilingoftheOathofOffice2.14 FirstMeetingoftheNewCouncil2.15 ElectionofthedeputyMayor2.16 OrientationfortheNewlyElectedCouncil2.17 NominationtoCommittees

SECTION 3: THE LOCAL GOVERNMENT ORGANIZATION

INTROdUCTION

3.1 MethodsofElection3.2 CouncilRepresentation a. WardSystem b. AtLargeSystem

TABLE OF CONTENTS

Table of Contents c. Changingfrom“AtLarge”toa“Ward”SystemorViceVersa d. ElectedtoRepresentaWard–MovesOutoftheWard e. Advantagesanddisadvantages:WardvsAt-LargeSystems3.3 CouncilComposition3.4 Acclamation3.5 VacancyonCouncil3.6 LocalGovernmentStructure a. Council-CommitteeStructures b. CouncilStandingCommitteeSystem c. Council-ChiefAdministrativeOfficer(CAO)System d. AdvantagesanddisadvantagesofthedifferentSystems3.7 EntireCouncilMembersSittinginStandingCommittee3.8 AdHocCommittees3.9 KeyFunctionsofLocalGovernment a. ServiceProvision b. By-lawMaking c. Political/RepresentativeRole3.10 RoleofCouncil3.11 CitizenExpectations3.12 RoleoftheMayor a. PrimaryFunctions b. decision-Making c. ProvidesLeadership d. AwarenessoftheCommunity e. PresidesatMeetings f. Communicates/Represents g. RepresentationonCommittees h. CeremonialRole i. OversightRole j. KeySigningAuthority k. VotingPowersoftheMayor l. Policydevelopment m. OtherFunctions3.13 RoleofthedeputyMayor3.14 RoleoftheCouncillor a. ServestheInterestsoftheWholeCommunity b. developsandEvaluatesPolicies,By-laws c. AttendsCouncilandCommitteeMeetings d. Policydevelopment e. RepresentstheCommunity f. FinancialRole g. ConflictResolutionRole h. Otherfunctions3.15 RoleoftheClerk a. StatutoryRole b. AttendanceatMeetingsofCouncil c. RecordingRequirements d. RecordKeeping e. MaintainanIndexedRegisterofBy-Laws f. SignatorytoCorporationdocuments g. CustodianofCorporateSeal h. ClerkMayAdministerOath i. OathofOfficeFiledwiththeClerk j. ConflictofInterestdeclarationsfiledwiththeClerk k. FixingadatefortheFirstMeeting l. SettingtheAgenda m. FilingofResignationswiththeClerk n. ClerkShallfileCertifiedCopyofResolutionsdeclaringVacancyonCouncil o. OtherdutiesasAssignedbytheCouncil

Table of Contents3.16 AppointmentofAssistantClerk3.17 AppointmentofClerk-NoAssistantClerk3.18 RoleoftheChiefAdministrativeOfficer a.dutiesPrescribedbyBy-Law b.HeadofAdministration c.PrimaryAdvisoryandLiaisonwithCouncil d.ImplementingdecisionsoftheCouncil e.LiaisonwiththeGeneralPublic f.LiaisonwithOtherGovernmentOfficials g.Budgetary/FinancialRole h.By-LawdevelopmentandOtherLegalMatters i.PropertyManagement3.19 RoleofTreasurer a.CollectsandReceivesallMoneyoftheMunicipality b.OpensAccountsonBehalfoftheMunicipality c.CustodianandKeeperofBooksofAccount d.PreparesandSubmitsFinancialStatements e.EnsuresMunicipalityisProtectedbyInsurance f.AdvisesCouncilonallMattersPertainingtoFinanceorAccounting g.SignsallCheques h.NotLiableforanymoney3.20 AppointmentofAssistantTreasurer3.21 RoleoftheLocalGovernmentSolicitor3.22 Council-StaffRelations a.Overview b.AnIdealCouncil-StaffRelationship c.UnderstandingandAppreciatingRoles d.differencesbetweentheRoles e.ExamplesofRoleConfusion3.23 developmentofanOrientationInformationPackage3.24 JointPlanningSessions(Retreat)3.25 SuggestionsforNewlyElectedOfficials a.RoleRecognition b.InvolvingtheAdministration c.Ensuringasupportiveworkingenvironment d.Importanceofcommunication e.Lettingtheadministrationdoitsjob f.Protocolforongoingcommunication g.Well-definedReportingRelationships3.26 HelpfulSuggestionsforCAOs/Clerks a.Recognitionoftheroleoftheelectedofficial b.Preparefortransition c.ChecklistduringTransitionalPeriodafteraQuadrennialElection d.BeReadyforPotentialChanges e.Beaccessibletocouncilmembers f.Theimportanceofneutrality g.Theimportanceoffollowingup3.27 ConflictResolution a.Potentialsourcesofconflict b.Resolvingaconflict c.RelationsAmongCouncilMembers

Table of ContentsSECTION 4: COUNCIL MEETINGS: PROCEDURES AND PRACTICES

4.1 TypesofMeetings a. WhatConstitutesaRegularMeeting? b. SpecialorEmergencyMeetingsofCouncil c. OpenandClosedMeetingsofCouncil d. RecordofClosedMeetings e. decisionsofCouncil (i)Exampleofa“RecordofClosedMeeting”4.2 GeneralProvisionsforCouncilMeetings a. Who’sinChargeofWhat? b. Structure–ImportanceoftheProceduralBy-law c. Time,dateandlocationofRegularmeeting d. CouncilAgenda(Orderoftheday) e. RequestforaPresentationbeforeCouncil. f. RulesRespectingConductatMeetings g..PublicParticipation h. ConflictofInterestdisclosure4.3 QuorumofCouncil a. Whatconstitutesaquorum? b. Whatismeantby“wholecouncil”?4.4 Voting–Thedecision-MakingProcess a. declarationofVotes b. RequirementtoVote4.5. PublicAccesstoInformation4.6 CouncilMeetingProcedures a. HowdoesaCouncilMeetingRun? b. CalltoOrder c. Prayer d. ApprovalofAgenda e. ApprovalofMinutesofPreviousCouncilMeeting f. ConflictofInterestdeclarations g. Petitions/Presentations/delegations h. Correspondence i. CommitteeReports j. ReadingofBy-Laws (i)ValidityofBy-law (ii)Changestoby-lawbeforeThirdReading (iii)ReadingofBy-lawbySectionNumbers k. NewBusiness(Resolutions) l. dateofNextMeeting m.Adjournment4.7 MotionsofCouncil a. HowaMotionisBroughtBeforeCouncil b. HowCouncilConsidersanddebatesaMotion4.8 CouncilMinutesandCorrespondence4.81 CouncilMinutes a. MethodsofRecording b. WhatshouldCouncilMinutesInclude? c. ViewingofCouncilMinutes d. SignatoryRequirements

SECTION 5: PUBLIC ENGAGEMENT

INTROdUCTION

5.1 PublicParticipation5.2 KeepingthePublicInformed5.3 Plebiscite

Table of Contents5.4 HandlingCitizendelegations5.5 dealingwithdifficultPeople5.6 dealingwiththeMedia

SECTION 6: RECORDS MANAGEMENT

INTROdUCTION

6.1 WhatisRecordsManagement?6.2 WhyimplementaRecordsManagementProgram?6.3 ProvincialArchivesofNewBrunswick6.4 TheMunicipalRecordsAuthority(MRA)6.5 WhatisaRecord?6.6 WhenisElectronicInformationaRecord?6.7 ExamplesofLocalGovernmentRecords6.8 Whatthingsarenotrecords?6.9 ImplementingaRecordsManagementProgram a. RecordsManager b. InventoryofFiles c. FileClassificationPlan d. RetentionScheduleanddisposition e. FilingCentre f. PoliciesandProcedures g. UseofTechnology,includingcontroloverMicrographicsandImaging Systems

SECTION 7: LEGAL ISSUES IN LOCAL GOVERNMENT

INTROdUCTION

7.1 ConflictofInterest7.2 Importantdefinitions7.3 WhatConstitutes“ConflictofInterest”7.4 WhatisnotconsideredaConflictofInterest?7.5 WhatstepstotakewhenthereisaConflictofInterest7.6 Acceptingofgifts/Otherbenefits7.7 Usingposition/privilegedinformationforpersonalorfamilyassociategain7.8 Conflictofinterestandlossofquorum7.9 Possiblepenalties7.10 ConflictofInterestandRelationshipswithin-laws7.11 Ministerial/departmentalRoleinConflictofInterest7.12 SourcesofLaw a. ProvincialLaw-MakingAuthority b. LocalGovernmentBy-LawMakingAuthority7.13 ProcessofPassing,AmendingorRepealingaBy-law a. Notification b. Validity c. NumberofReadingsatCouncilMeeting d. MajorityRequiredforEnactment e. AmendmentstoBy-laws f. AmendingBy-lawBeforeThirdReading g. ConsolidationofBy-laws h. RepealingofBy-laws

Table of ContentsSECTION 8: LOCAL GOVERNMENT FINANCES

“SECTIONCURRENTLYUNdERdEVELOPMENT”

SECTION 9: PROCUREMENT INFORMATION FOR LOCAL GOVERNMENT

9.1 Introduction9.2 CanadianTenderingLaw9.3 CriticalCourtdecisions9.4 NewBrunswickLegislation a. CrownConstructionAct b. PublicPurchasingActandRegulation94-157 c. Exemptions9.5 InterprovincialTradeAgreements9.6 TheTenderingProcess a. definitionofProcurement b. ProcurementValue c. TenderingPeriod d. FormulationofaTender e. AdvertisingRequirements f. NewBrunswickOpportunitiesNetwork(NBON) g. TenderingOpening h. RejectionofBids i. BidEvaluationandTenderAward j. RighttoRejectClauses k. UseofPreferences l. disclosureofTenderResults/debriefings m.RequestforProposaldebriefings n. Tips/Suggestions9.7 RequestsforProposals9.8 RequestforExpressionsofInterest9.9 OtherResources a. CentralStores b. N.B.GovernmentContracts c. StandardTermsandConditions d. ImportantWebsites9.10 FrequentlyAskedQuestions9.11 definitions9.12 ConductHandbookforMunicipalEmployeesandOfficials9.13 Contacts9.14 SummaryofRulesandThresholdsforMunicipalities9.15 ExemptionForm9.16 ListofPermittedExemptionsthatapplytomunicipalities

SECTION 10: COMMUNITY PLANNING

10.1 INTROdUCTION

10.2 PlanningTools a. ExamplesofLegalPlanningdocuments b. Modifications (i)RegularModifications (ii)ExceptionalMeasures c. MunicipalPlan (i)MinimumContentofaMunicipalPlan (ii)TheeffectofaMunicipalPlan d. RuralPlanforaVillageoraRuralCommunity

Table of Contents (i)MinimumContentofaRuralPlan e. developmentScheme f. UrbanRenewalScheme g. ZoningBy-law (i)ContentofaZoningBy-law h. SubdivisionBy-law (i)ContentofaSubdivisionBy-Law i. BuildingBy-law j. Otherby-laws (i)FloodRiskBy-law (ii)deferredWideningBy-law (iii)ControlledAccessStreetBy-law k. ExceptionalMeasures (i)Variances (ii)Non-conformingUses 1.10-monthperiod 2.Non-conforminguseindamagedbuilding 3.Non-conforminguseinanewportionofthebuilding 4.Similarnon-conforminguses 5.Enlargingabuildingcontaininganon-conforminguse 6.Maintenanceofanon-conforminguse l. TemporaryPermits m.SimilarandcompatibleUses n. discretionaryPowersofCouncil o. AvailableandPreferredTools (i)Zoningby-lawsvsFloodRiskAreasBy-law (ii)RuralPlanvs.MunicipalPlan (iii)ZoningBy-lawvs.SubdivisionBy-law p. OfficialLanguagesAct q. ApplicabilityofProvincialRegulations r. ConflictBetweenaMunicipalPlanandaZoningBy-law10.3 MunicipalPlan-AdoptionProcess a. Adoption (i)General (ii)PublicPresentation (iii)ViewsofPlanningAdvisoryCommittee (iv)PublicHearing (v)EnactmentandAdoptionbyCouncil (vi)ApprovalbyMinisterandOtherRequirements b.AdoptionProcessforaRuralPlanforVillages (i) ItemstobeInitiallyConsidered (ii)AmendmentProcess (iii)AdoptionProcessforaZoningBy-law c.AdoptionProcessforaZoningBy-law (i)General (ii)ViewsofPlanningAdvisoryCommittee (iii)PublicHearing (iv)VotingbyCouncil (v)OtherRequirements d.AdoptionProcessforRuralPlanforRuralCommunities (i)ItemstobeInitiallyConsidered (ii)AmendmentProcess e.AdoptionProcessforaBuildingBy-law (i)General (ii)ViewsofPlanningAdvisoryCommittee (iii)VotingbyCouncil (iv)OtherRequirements f.AdoptionProcessforaSubdivisionBy-law (i)General (ii)ViewsofPlanningAdvisoryCommittee

Table of Contents (iii)VotingbyCouncil (iv)OtherRequirements g. VotingbyCouncil (i)Mayor’sVote (ii)Passingofby-lawunderCommunictyPlanningActand MunicipalitiesAct h. Validation(Stillunderdevelopment)10.4 development-Application,ReviewandApproval(Stillunderdevelopment) a. ApplicationProcess(involvingClerkanddevelopmentOfficer) b. developmentthatConformstoZoning c. developmentthatdoesnotconformtozoning d. SubdivisionPlan10.5 AppealProcess(Stillunderdevelopment) a. deadlines b. Hardship c. Misapplication d. AbuseofPowers e. NaturalJustice10.6 Enforcement a. ContraventionbyanOwner (i)Order(Section93) (ii)CourtEnforcement(Section94) (iii)SummaryConviction(Section95) b. ContraventionbyaMunicipality (i)ActionbytheMinister(Section91) (ii)ActionbyanIndividual(Section94)10.7 RolesandResponsibilities(dutiesandPowers) a. MinisterofEnvironment b. ProvincialPlanningdirector c. MunicipalCouncil d. Council e. MunicipalPlanningdirector/Officer f. developmentOfficer g. MunicipalClerk h. BuildingInspector i. PlanningAdvisoryCommittee j. districtPlanningCommissions k. ThePublic10.8 BestPractices a. PoliciesandProposals b. AdoptingZoningandMunicipalPlanSimultaneously c. Certifiedcopies d. RuralPlansvsMunicipalPlansforVillages e. descriptionandWharves f. IssuanceofPermits g. BackgroundReports h. 30daysIssue i. MapAttachedtoMunicipalPlanvsZoningMap10.9 FrequentlyAskedQuestions a. differencebetweenaPublicPresentationandaPublicHearing b. By-LawsRequiringMinisterialApproval c. ConflictofInterest10.10 Contacts10.11 References

Table of ContentsSECTION 11: LOCAL GOVERNMENT SERVICES


SECTION 12: HUMAN RESOURCE MANAGEMENT IN LOCAL GOVERNMENT

INTROdUCTIONTOSECTION12

12.1 ImportanceofHumanResourceManagement12.2 AppointmentandEmploymentofLocalGovernmentOfficers12.3 Jobdescriptions–Ahelpfultoolforperformancemanagement12.4 WorkPlans12.5 ImportanceofPerformanceAppraisalsforMunicipalEmployees12.6 WhatisaPerformanceAppraisal?12.7 KeyObjectivesindevelopinganappraisalsystemprocess12.8 IssuestoAddress12.9 CommitmentfromCouncil12.10FormatofAppraisals12.11AppraisalBarriers12.12PerformanceProblems12.13ImportanceofOngoingProfessionaldevelopment12.14ProfessionaldevelopmentOpportunitiesforLocalGovernmentOfficials inNewBrunswick12.15 SuccessionPlanning12.16 WageEquityintheWorkplace a. WageGapActionPlan b. WhatistheWageGapReductionInitiative? c. GoalsoftheNewBrunswick’sWageGapActionPlan d. RoleofdepartmentofLocalGovernment e. RoleofMunicipalities

SECTION 13: LOCAL GOVERNMENT RESTRUCTURING


SECTION 14: VARIOUS PROVINCIAL GOVERNMENT DEPARTMENTAL RESOURCES PERTAINING TO LOCAL GOVERNMENT


SECTION 15: APPENDICES


- � - Local Government Resource Manual

New Brunswick Context

1.1 Equal Opportunity and the impact on the Local Government System – A Brief Review

While New Brunswick’s local government history dates back over two hundred years, the most significant changes to the local government system in more recent times

occurred in mid �960s. It is from this point that the following overview of the New Brunswick local government system is presented.

The changes to local government in New Brunswick introduced in �966 and �967 were part of what we now familiarly refer to as the Equal Opportunity Program. In fact, the changes introduced at this time by Premier Louis Robichaud’s government continue to provide the foundation upon which the division of responsibilities between the provincial government and local governments in New Brunswick is based. Though there have been some adjustments over the past 40 years, the current structure of local government is also based primarily on these reforms.

Prior to the equal opportunity reforms, some county governments and municipalities were experiencing major financial and management difficulties. In fact, some local governments were nearly bankrupt. In addition, significant discrepancies (and inequities) had developed across the province in terms of access to, and quality of, such services as social assistance, education and healthcare. Property assessment practices and levels of assessment, as well as property tax rates, varied substantially from region to region, with no strong correlation to local service levels and quality. Moreover, special property tax concessions were provided by local governments to industries, again furthering the imbalances across the province and among businesses themselves.

To deal with this increasingly inequitable situation, a decision was made by the Robichaud government to undertake a major overhaul of the system that would focus on the re-alignment of service responsibilities between the province and local governments, the elimination of county governments, the creation of villages and of provincially administered local service districts, making property assessment and property tax billing (as well as collection) a provincial responsibility and establishing an unconditional grant for municipalities. In addition, the province would also now share the property tax field with municipalities in order to help finance provincially provided services. The changes that were ultimately introduced were based almost exclusively on the recommendations of the Royal Commission on Finance and Taxation in New Brunswick, more commonly referred to as the Byrne Commission.

In terms of service alignment, the changes introduced resulted in local governments no longer having responsibility for what has often been referred to as “services to people”. These included such services as social assistance, education, healthcare and justice. The provincial government took over exclusive responsibility for these services in order to ensure uniformity across the province in terms of both standards and access. For their part, municipalities would be responsible (as they had always been) for the more local services to property such as fire protection, policing, local road maintenance, garbage collection, water and wastewater systems, and recreation. Generally speaking, this division of responsibilities remains in effect to the present day and has served New Brunswick well. Jurisdictions in other parts of Canada are still working at disentangling this division of responsibilities and it continues to be a source of debate between some provincial and local governments.

New Brunswick Context


New Brunswick ContextIn terms of reforms affecting local government structures, New Brunswick would now be covered by municipalities (which would include cities, towns and villages) and local service districts. In �966, a new piece of legislation, the Municipalities Act, was enacted to bring effect to this new structure. Existing cities and towns remained in place while a large number of villages were created. In addition, local service districts were created as service areas to be administered by the province through the department responsible for local government. Unlike the communities served by municipalities, the areas covered by local service districts would be unincorporated.

Over the years, annexations and amalgamations have taken place affecting both municipalities and local service districts but the system remains largely the same. In �995, a Rural Community concept was piloted in one area of the province, whereby a committee would be formally elected and have the power to deal specifically with land use planning. Most recently, the Rural Community concept was further developed and is now available to local service districts and villages. This new model, while requiring land use planning as a basic service, also provides communities with the power to take on responsibility for and provide all other local services. In addition, the revised model provides for the election of a council (with mayor and councillors), rather than a committee. This particular model is the most significant new structure in terms of local government that has been introduced since �966. It represents an opportunity for communities, particularly in the unincorporated areas, to take some measure of control over local issues and services. The model will be described in detail in Section �3 of the resource manual.

Along with a new Act for local government, new legislation dealing with property assessment came into effect in �966 and gave the provincial government exclusive responsibility for the assessment function. This approach would ensure that assessments would be conducted in a more consistent manner across the province, rather than having municipalities use their own methodologies to determine assessment levels.

Property tax billing and collection also became a full provincial responsibility. This meant that municipal revenues from property taxation would now be guaranteed by the province. In other words, the province would remit the amount of money levied by municipalities via the local tax rate, regardless of the amount actually collected. In addition, the ability of local governments to give special property tax concessions to certain businesses was eliminated.

As part of the reforms, a new funding source for municipalities was introduced – the unconditional grant. This grant had two purposes. The first was to provide block funding to municipalities to help maintain property taxation at acceptable levels. The second was to equalize the ability to pay for basic local services among similar municipalities.

Since the initial Equal Opportunity reforms of the �960s, there have been various adjustments made to the local government system. Such changes have included: restructuring of municipalities (through annexations and amalgamations), some adjustments to service responsibilities (e.g., roads, ambulance), adjustments to unconditional grant funding levels and the distribution formula, establishment of new local service districts and the incorporation of some new villages. The status of some municipalities has also changed (village to town, town to city). As noted previously, the new rural community model is now available to New Brunswick communities. There have also been many amendments made to the Municipalities Act, the centerpiece of local government legislation in New Brunswick, to accommodate the evolving situation facing municipalities, local service districts and the provincial government.

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New Brunswick ContextThe local government system in New Brunswick will continue to evolve as new challenges arise that both local governments and the provincial government must contend with and address. These challenges may be of an economic / financial, social, environmental or legal nature.

1.2 Establishment, Responsibilities and Powers of Local Government

In this province, local governments are established by way of amending a provincial regulation (Regulation 85-6 under the Municipalities Act). For example, the Village of New Maryland was incorporated in �99� and this incorporation took effect by amending Regulation 85-6. This amendment included the name of the municipality and a boundary description of the new entity. New municipalities may also be created, under special circumstances, by legislation. For example, the new City of Edmundston, which was the result of an amalgamation of the former city with surrounding villages and part of a local service district, was incorporated through a special Act of the legislature. Any new rural communities that are created will be established through adoption of a regulation.

The Municipalities Act is the main piece of legislation governing the powers, responsibilities and general operation of local governments. There are various other provincial statutes, such as the Community Planning Act and the Motor Vehicle Act, that confer additional responsibilities and powers to local governments. Much more will be said about the powers and service responsibilities of local government in various sections of this manual.

1.3 Local Government in New Brunswick – The Current Picture

a. Municipalities

There are currently �0� municipalities in NB, including 8 cities, �6 towns and 68 villages, with a population ranging from �55 to 68,043, and a combined population of 457,045 or 63% of NB’s total population of 7�9,997. Sixty-nine of the municipalities, in which 9% of NB’s population resides, have fewer than �,000 inhabitants, and �7 municipalities have fewer than 5,000 inhabitants (in which 9% of NB’s population resides), as the following table shows. The 8 cities have a combined population of �56,�4� which represents 35 % of NB’s total population.

(i) Number of municipalities by population (2006 Census)

Population Number of Total Number of municipalities inhabitants

Less than 500 �� 3,807 500 to 999 �5 ��,783 �,000 to �,999 33 39,�34 �,000 to 4,999 �7 60,�99 5,000 to 9,999 5 37,457 �0,000 to �9,999 7 ��0,759 �0,000 and more 3 �8�,706 Total 102 457,045


New Brunswick Contextb. Unincorporated Areas

Just over �60,000 or 37% of New Brunswickers live in areas outside the territorial limits of municipalities and have no form of local government. Those areas are divided into �68 local service districts (LSD’s), where the provision of local services such as street lighting, fire protection, garbage collection and recreational facilities is the responsibility of the province, and funded through local property taxation.

The population in local service districts range from 5 to 8,373. Most local service districts have a small population – �8� or 68% of the LSD’s have a population of less than �,000, while another 55 or ��% have a population between �,000 and �,000.

While the perception of unincorporated areas is that they are mostly rural, the reality is that they are concentrated in relatively close proximity to the eight cities. In �006, almost 70 % of the inhabitants of local service districts lived within a 50-kilometre radius from the eight cities, while �6 % lived within a �0-kilometre radius.

c. Rural Communities

In July �006 the rural community of Beaubassin-Est was incorporated, combining six local service districts or parts thereof located between the Town of Shediac and the Village of Cap-Pelé, giving more than 6,000 citizens an elected council with the power to adopt and amend a common rural plan.

In July �006 the Village of Saint-André and the local service district of the parish of Saint-André was also incorporated as the new rural community of Saint-André.

In March, �008, the Local Service District of Upper Miramichi was incorporated as the new rural community of Upper Miramichi.

1.4 Arrangements for the shared provision of services

Various regional service bodies are also found in NB, including �� district (land use) planning commissions and �� solid waste commissions established by the province to provide for the shared provision of localized services among municipalities and local service districts, as well as �5 community economic development agencies.

Other commissions are also in place for the sharing of such services as wastewater, airport, police and library. Urban areas, in particular, have several regional service bodies for the shared provision of other services, such as public transit, emergency planning, and pest control. For example, in the Greater Moncton Area, there are close to �0 commissions or agencies overseeing the provision of shared services. There are also a multitude of service arrangements without necessarily a joint service body (e.g., a municipality or local service district buying fire services from a neighboring municipality).

Councils elected through the municipal election process govern municipalities, while individuals (which may or may not be elected officials) appointed by municipal councils and the Minister (on behalf of local service districts), manage regional service bodies. Only municipalities and the Minister (on behalf of local service districts) are empowered to levy property taxes. Municipalities and the Minister (on behalf of local service districts) are responsible for funding regional service bodies, while these structures are empowered to impose fees for their services.


The Local Government Election Process

INTRODUCTION

This section focuses on the various aspects of the local government election process in New Brunswick. It will include information for candidates preparing to run for office, the

specific steps leading up to the election, as well as transitional issues, including the holding of the first meeting of the newly elected council. This section will also provide information regarding by-elections.

2.1 Timing of Local Government Elections

Local government elections in New Brunswick occur every four years on the second Monday in May. Therefore, municipal elections will be held on May �2, 2008, May �4, 20�2 and so on. There are approximately 650 individuals to be elected to local government office. Local government by-elections to fill vacancies can occur at any time, other than in the twelve months prior to the general local government elections. The Office of the Chief Electoral Officer 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 councillor and / or mayor. Terms of office are four years, but may be shorter if someone is elected in a by-election or a special election following restructuring. Municipalities Act: 38(�)

2.2 The Decision to Offer as a Candidate

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 questions that should be considered before making the decision. These include, but are not limited to the following:

�. 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. What kind of commitment is required and can I make this commitment?

2.3 Eligibility to be a Candidate

In order to be eligible to run for local government office, an individual must be a Canadian citizen, �8 years of age on the day of the election and a resident of the municipality or rural community in which the person intends to run for a period of at least six months immediately before the election. For most people, determining where they are “ordinarily resident” is straight-forward, 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 you are uncertain as to your qualifications to run for office in a particular place, call the municipal returning office, or the main office of Elections New Brunswick.

Section 2 –




Some individuals are not eligible to be candidates in local government elections: this include judges, municipal officers and full-time municipal employees, election officers and any person who has been disqualified from voting under federal, provincial, or municipal election laws.Municipal Elections Act: sections 13 and 18.http://www.gnb.ca/elections/index.htm

2.4 Gathering Information

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:

• Website of the local government • The Municipalities Act (web site address) • Agendas and minutes of council meetings • Attendance at regular council meetings • Procedural by-law of the municipality • Policy Manual of the municipality • Various publications focusing on the role of local government • This resource manual • 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 municipality and whether the role is that of councillor or mayor, the time commitment can range from a few hours a week to an almost full-time job. The range and scope of issues a municipality is facing will also have a direct bearing on the amount of time required of council members in fulfilling their responsibilities. The time commitment may also depend on how much an individual wants to put into their role as an elected official.

Before making a final decision to run for office, individuals may also find it helpful to speak with other citizens, business owners and community groups of the community to find out what’s 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 voluntary role if I am elected? • Am I willing to hear, on a regular basis, and on my personal time, from citizens and

listen to their concerns once elected (phone calls, letters emails) • Am I willing to attend all council and committee meetings, public hearings,

special or emergency meetings, sometimes involving long hours and including weekends?

• Can I support decisions that not everyone will agree with? • Can I deal 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 accept a decision of council once it’s made? • Can I work as part of a team? • Am I willing to leave the discussion when in conflict of interest? • Have I discussed with and Is my employer supportive of my attendance at possible

daytime meetings?



2.5 Filing of Nomination Papers and the Campaign

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 thirty-first 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 website (www.gnb.ca/elections; look for “Printable Forms” under the Municipal, DEC and RHA Elections heading), at the offices of the municipal returning officers, or for by-elections, at the local municipal office.

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 �0 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 municipality where the municipal election is being held (and the ward, where the person is running as a ward candidate), and need to be on the voters 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 the following questions:

2.6 The Campaign

a. Who is going to help with the campaign?While in some municipalities it may be possible for a candidate to run a campaign by themselves, in the majority of cases, there will be a need to involve a team of individuals to assist with the campaign. 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. Having a budget will help individuals to organize themselves for the campaign.

c. What is the strategy for the campaign?Candidates should have a strategy in place for their campaign. A strategy would include how messages will be delivered (by flyers, newspapers, web site, public meetings, etc.) and what the messages will be (key issues, new ideas, priorities).

d. What are the issues that will be publicized 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 citizens 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 times a candidate runs for municipal office hoping to rectify a specific issue which cannot be fulfilled after he or she is elected. A councillor has only one vote on council. It is the whole of council that is the decision-making body.

e. What are the rules with respect to local government campaigns?Candidates must be aware of the laws regarding campaigning. The Municipal Elections Act specifies various election-related offences and the associated penalties. Those relating to election advertising and signs are section 54, requiring the name and address of the printer and publisher to be included on any printed campaign material (fliers, newspaper ads, signs), and section 55, which bars printed or broadcast



advertising on polling day and the day before, sets limits on how close election signs may be to polling stations, prohibits election signs on cars on polling day, and limits the use of loud speakers for campaigning from motor vehicles on polling day and advance poll days.

2.7 Election Day and Voting

Local government 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 (where only one can win), the municipal returning officer will recount the votes. If there is still an equality after this recount, a judge of the Court of Queen’s Bench shall conduct a recount. If after this second recount there remains a tie vote, the two names are placed in a container and the judge directs the municipal returning officer to withdraw one of the pieces of paper, and the candidate whose name appears on the paper withdrawn shall be declared by the judge to be elected.

Where the number of votes separating (winning and losing) candidates is not more than twenty-five, a candidate may apply for a recount by a judge of the Court of Queen’s Bench, at no cost to the candidate. In cases where a candidate feels that votes were improperly counted or rejected, or incorrectly added up, a request can also be made to a judge for a recount, but the person applying must pay a deposit of $�00 as security for court costs. Candidates have only �0 days following the day of the election to request a recount.

Municipal Elections Act: 41, 42

2.8 Acclamations

In cases where no more candidates than are required for an office are nominated, or fewer candidates than are required for an office are nominated, each candidate is deemed elected by acclamation.Municipal Elections Act: 19(1), 41

2.9 By-Elections

There will be times when by-elections are required. A by-election may be the result of not enough candidates having run for office in the quadrennial elections, or a vacancy being declared on a council in one of the circumstances described in subsection 34(�) of the Municipalities Act. By-elections are conducted in the same manner as the quadrennial elections.

By-elections cannot occur in the �2 months preceding the quadrennial 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 quadrennial election.Municipalities Act: 35(3)http://www.gnb.ca/elections/index.htm

2.10 Limited Powers of the Outgoing Council

In the run-up to a quadrennial election, council should consider carefully any new initiatives or major decisions that might bind an incoming council. Although there is no legal reason why a council should not bring forward a major initiative shortly before a quadrennial election, it is sometimes best to adopt a “wait and see” attitude



until after the election, especially if there is a major turnover on council. In some cases, the vision of a newly elected council may not reflect the vision of the outgoing council.

Following a quadrennial election, the outgoing council members will remain in office until the new council members are sworn in and hold their first meeting. During this interim period, there are restrictions placed on an outgoing council’s powers. An outgoing council may not undertake the following:

• Enact, amend or repeal a by-law• Become party to any agreement, contract, deed or any other document other than

those provided for in the budget, by function, for the current year• Borrow or make payments of funds other than those provided for in the estimates

adopted under paragraph 87(2)(a), by function, for the current year• Purchase or dispose of capital assets• Appoint or dismiss officers or employees

In general terms, the idea behind these provisions is to limit the ability of an outgoing council in the “lame-duck” period to make major financial, organizational or policy decisions or changes to existing policies, by-laws or job descriptions that the incoming council would have to deal with when it officially takes office. The aim is to have the outgoing council keep its activities focused on the day-today operations of the municipality.

In rare instances, a council may feel that it must address a particular situation because it is urgently required. In fact, the legislation provides for these circumstances such that if a council deems an action noted above to be in the public interest and that it is urgently required, it may carry out this action. Municipalities Act: 39.1(1); 39.1(3)

2.11 Oath of Office: Quadrennial Elections and By-elections

All members of council are required to take an oath of office whether they are elected in a quadrennial election or by-election. The form for the oath of office is established by Regulation 200�-40 under the Municipalities Act as Form �. This form must be used by all municipal and rural community elected officials. Oath of Office Regulation - Municipalities Act Regulation 2001-40

a. Quadrennial elections

The oath of office must be taken on or before the first meeting of the newly elected council. The oath of office cannot be taken in the �0 days following the quadrennial election. In cases where a petition has been filed to have a recount of the votes for the office of mayor or of a councillor, the person elected to the office cannot take the oath until the recount has been completed and the judge conducting the recount declares the person elected.Municipalities Act: 33(1), 33(2), 33(2.2), 33(2.3)

Note: The swearing-in (taking the oath of office) of a new council may also take 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.

In cases where a person who has been elected cannot take the oath of office on the usual schedule because of an illness or an unavoidable absence, he or she may take the oath of office at any time following their election.Municipalities Act: 33(2.1)



If a person is elected by acclamation in a quadrennial election, he or she may take the oath of office at any time following the election, up to and including the first meeting of the new council. In other words, the �0 day recount period is waived when there are acclamations.Municipalities Act: 33(2.3)

b. By-elections

If a person runs for office in a by-election and is elected by acclamation, he or she takes the oath of office as soon as possible following the declaration of the Municipal Returning Officer that they are elected.

Where a vacancy is contested in a by-election, the individual who wins the election must take the oath of office within six days after the expiration of the ten day period referred to in subsection 42(�) of the Municipal Elections Act.Municipalities Act: 33(2)

2.12 Administration of the Oath of Office

The following persons may administer the oath of office:

a) the clerk of the municipality ; b) a notary public or a commissioner of oaths; or c) a judge of the Provincial Court, The Court of Queen’s Bench of New Brunswick, or

The Court of Appeal of New Brunswick

Municipalities Act: 33(4)

2.13 Filing of the Oath of Office

Once the oath 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. Municipalities Act: 33(5)

2.14 First Meeting of the New Council

A council member’s term begins with the first meeting of the newly elected council. The first meeting of a newly elected council is to be held on the fourth Monday in May. However, the clerk of the municipality, in consultation with the council, may fix an alternate date for the first meeting. If the clerk does fix a date, the meeting date must be no later than June �5 of that year.

Members of council should receive, at least 3 days before the first meeting of council, a draft agenda and information package of matters to be discussed at the meeting. Meetings of council will be detailed in section 4 of the manual.

2.15 Election of the Deputy Mayor

A council of a municipality must elect a deputy mayor. The manner in which the deputy mayor is elected and the duration of his or her term is to be determined by the council and detailed in the procedural by-law. The election of a deputy mayor should be ratified by a resolution of council.Municipalities Act: 30;Procedural By-law Regulation - Municipalities Act -.Regulation 2004-25: 3(g)



2.16 Orientation for the Newly Elected Council

It is important that an information package and an orientation session be provided for newly elected councils. An orientation session is very beneficial and instrumental as a “first step” for getting the newly elected acquainted with the culture and environment of the local government organization. Orientation training might include, but is not limited to such topics as:

• Overview of the Municipalities Act Legislation• Role of the Department of Local Government• Roles and responsibilities of mayor and council• Roles and responsibilities and Introduction of staff• Organization of the local government (who does what, reporting relationships)• Municipal finances & the budgeting process• Community planning processes• Public Procurement processes• Services provided by the local government• Procedural by-law and council meeting procedures and processes• Legal issues (e.g., conflict of interest)

2.17 Nomination to Committees

Nomination to committees of council may take place in a variety of ways. In some instances, advertisements from the municipality are placed in local newspapers, radio stations or web site, advising citizens of the various committees and calling for letters of interest to serve on the committees. Interested citizens’ names are placed on a recruitment list for council consideration whenever a vacancy arises. Other methods include nominations coming from the committee members themselves, the mayor or a member of council or staff.

It is beneficial if the manner in which committee members are nominated and appointed is stated in the municipality’s procedural by-law. A good practice is to keep a record book with a current listing of all committees and committee members, along with appointed terms of office.


The Local Government Organization

INTRODUCTION

The following section will deal with the local government organization in terms of the methods of election for municipal council; the provisions for changing from an “at large”

system to a ward system (and vice versa), including advantages and disadvantages; the provisions for changing the composition of council and the various types of committee and Chief Administrative Officer (CAO)-based structures that are used by New Brunswick municipalities.

3.1 Methods of Election

The Municipalities Act includes the provisions for the formation of a council and such details as the number of councillors to be elected and by what method the council selection will be made - by general vote (e.g. “at large” system) or by a ward system, or a combination of both to determine representation on councils. The majority of the 26 towns and 69 villages in New Brunswick utilize the “At Large System” while the 8 cities are closely split between all three forms of local government structure. As depicted below, the two rural communities of Beaubassin-East and Upper Miramichi us the ward structure while the rural community of Saint-André uses a combination of “at large” and “ward” structure respectively.

At Large Structure:

65 villages 20 towns 3 cities

Ward Structure:

� village 2 towns 2 cities 2 rural community (Beaubassin-East, Upper Miramichi)

Combination of “At Large” and “Ward” structure:

3 villages 4 towns 3 cities � rural community (Saint-André)

Section 3 –




3.2 Council Representation

a. Ward System

A municipality is divided into sections (wards) by a by-law of council that provides a detailed description of the boundaries of each individual ward. The wards are usually based upon criteria such as size and population, with one council member representing each particular ward. The council member elected to represent a ward must reside in that ward. The residents of that particular ward would vote for the candidate of their choice. Where there is only one candidate nominated for a seat in the ward, that candidate is elected by acclamation. (see section 3.4 for definition of acclamation)

In a ward system, the mayor is the only candidate that is elected at large by all voters in the municipality. Although a council member is elected to represent a particular ward in this system, he or she must consider the interests of the entire community when engaged in the decision-making process. The council of a municipality divided into wards may, where the by-law so provides, also have one or more councilors elected on an at large basis. Municipalities Act: 31(3); 31(9); 190.088(4); 190.088(5)Municipal Elections Act: 9(1); 18(4)

b. At Large System

In the case of an “at large” system, all candidates who run for council are elected by eligible voters of the entire community. All eligible voters may cast their votes for their preferred candidates running for the allotted council seats and for the mayoral position. Those candidates who receive the highest number of votes win the available seats on the council.

c. Changing from an “At Large” System to a “Ward” System or Vice Versa

In order to change from an “at large” system to a “ward” system, the following procedure would be followed:

• Council must pass a by-law dividing the municipality into specified wards, on the affirmative vote of a majority of the whole council.

• This by-law cannot be repealed or amended until four years have elapsed from the making or amendment of the by-law or six months preceding a municipal election.

• The by-law must be filed with the Municipal Electoral Officer more than six months before the election.

The same process would be used to move from a “ward” system to an “at large” system. In both cases the by-law could be filed within 6 months prior to the quadrennial election but would not have effect until the election four years away (and not the upcoming election).

d. Elected to represent a Ward – Moves Out of the Ward

If the citizens of a ward elect a councillor to represent their interests on council, and the councillor moves out of that ward, does the councillor have to resign from his seat? In a municipality that is divided into wards for election purposes, a person is not qualified to be nominated as a candidate for a ward unless he is resident of that ward when he is nominated.



However, if a ward councillor moves out of the ward he or she represents during his or her term on council but remains within the municipality, no by-election is called and he or she remains on council until his or her term is finished. He or she would be unable to run as councillor for that particular ward during the next quadrennial election unless he or she was a resident there at that time. If the ward councillor is no longer a resident of the municipality, a vacancy on council would occur.Municipal Elections Act: 18(3)Municipalities Act: 34(1)(f)

e. Advantages and Disadvantages: Ward vs At Large Systems

The type of electoral system a council chooses may depend upon the demographics and culture of the community and the history of the area.

There are advantages and disadvantages to each system. As noted in Grassroots Democracy, Local Government in the Maritimes, written by Kell Antoft and Jack Novack, “some argue that the ward system, with equal representation from each sector of the community, is more democratic as it ensures there is a designated council member looking after its interests. Others would state that the ward system does not serve the broader interests of the whole community, implying that councillors would only bring the concerns of their particular ward to the council table, thus ensuring their longevity on Council. The latter group would favour an “at large” system, in the belief that it encourages councillors to think of the community as a whole, thereby downplaying competition and bickering between different areas.”

The “at large” system may appeal to smaller communities, as smaller populations and boundary areas may not be conducive to dividing into wards. Moreover, it is not always easy to find candidates to run for municipal office, let alone for specific wards. An “at large” system might be better served where a municipality is significantly larger in population and area as well as diverse in its history, culture, race and ethnicity, wherein all interests are perceived to be adequately represented and/or heard on the council.

A combined/hybrid approach of both ward-based representation and councillors elected “at large” in a community may be an effective compromise for some communities. It may provide further assurance that both the broad and specific interests of the community are represented. As noted previously, ten communities in New Brunswick currently use this combined approach of elected representation.

3.3 Council CompositionCouncil composition will vary among local governments. As legislated, the composition of a council shall be determined by by-law.

The minimum number of council members elected in a municipality shall consist of a mayor and three councilors. This by-law may only be passed on the affirmative vote of a majority of the whole council and cannot be amended or repealed within four years after it has been enacted. The process of changing council composition is the same as it is for by-laws to change from an at-large system to a ward system or vice versa.Municipalities Act: 28(1)(a)(b), 29

It is important to note that the “majority of the whole” includes all members of council including the mayor, (e.g. if you have six councillors and a mayor, the whole council would be seven, and you would need a majority of four votes to pass the by-law). Where a municipality’s procedural by-law specifies that “a mayor shall only vote in the event of a tie”, whole council would be six, in this example.



3.4 Acclamation

Whether candidates run for office in their community in an “at large” system, ward system, or combination of both, if there are no more candidates nominated than are required for office, the candidates, whether it be councillor or mayor, is deemed elected by acclamation.Municipal Elections Act: 19(1)

3.5 Vacancy on Council

a. When does a Vacancy Occur?

A vacancy on council occurs for the following reason:

(i) There are fewer candidates nominated than are required for council office(ii) A member resigns from office,(iii) A member dies while in office,(iv) A member is convicted of an offence punishable by imprisonment for five or

more years, or an offence under section �22, �23, �24 or �25 of the Criminal Code of Canada.

(v) A member fails to take and subscribe to the oath of office prescribed by the Minister within 6 days after the expiration of the ten day period referred to in subsection 42(�) of the Municipal Elections Act following the person’s election

(vi) A member ceases to be a resident of the municipality,(vii) A member is absent from the municipality for more than two months at one time,

or absent from four or more consecutive regular meetings of the council, except in the case of illness or by leave of the council (resolution required)

(viii) A member has been disqualified or declared incapable of holding office under this or any other Act.

Municipalities Act: Section 34(1)

When a member of council resigns from office, the council shall within two months from the date the vacancy occurred, declare the vacancy by a resolution of council. Note it is the declaration of the vacancy not the declaration of the resignation that is of importance. Within �0 days of the declaration of the vacancy by council resolution, the Clerk shall forward a certified copy of the resolution to the Chief Electoral Officer, as follows:

Michael P. Quinn Office of the Chief Electoral Officer P. O. Box 6000 Fredericton, NB E3B 5H�

Municipalities Act: Sections 35(1)

3.6 Local Government Structure

a. Council – Committee Structure

The following section will outline different council-committee structures being used by New Brunswick municipalities. These structures, as well as variations of both, have generally evolved over time and are a reflection of what works best for the municipality.



Councils are empowered to appoint committees (standing committees, ad hoc committees, boards and commissions). The particular committee structure a municipality wishes to follow could be outlined in its Procedural By-Law or by resolution specifying composition, terms and procedures. Committees of council can be an effective mechanism through which pertinent information can be gathered and reviewed before the matters are discussed at regular council meetings.Municipalities Act: 4(3)

b. Council Standing Committee System

In the Council-Standing Committee system, a councillor would serve as chair of a committee having responsibility for a department or a particular aspect of municipal operations (e.g., finance, public works, and recreation). The appointment to chair a standing committee is usually recommended by the mayor and should be ratified by the council, with position and length of term clearly stipulated in the by-law or resolution.

A department head would be in attendance at their respective committee meeting, providing advice and information to the chair, committee members and CAO, so that well-informed and rational policy decisions can ultimately be forwarded for council consideration at a regular council meeting. During the council meeting the appointed chair would provide any further explanations or answer any questions relating to the departmental report.

Standing committees of council are generally comprised of elected and appointed officials as well as the respective department heads. In some cases, there could be involvement of the general public.

Members of subcommittees, ad hoc committees and commissions of council are usually recruited from the general public based upon citizen interest and expertise. Several methods of recruitment include: newspaper advertisements, prospective candidates are nominated from the committee members themselves or by members of the council. The appointment is usually for a specific term and sanctioned by resolution of council.

The mayor would normally participate as an ex-officio of all standing committees. This particular type of council-committee system or similar variations is in practice in the majority of the cities and towns of New Brunswick.

The following organizational chart illustrates what a Council-Committee structure might look like, though it should be emphasized that this model would vary in municipalities across the province.

COUNCIL

Public Works CommitteeChair - Councillor

Finance CommitteeChair - Councillor

CAO/ClerkDept Head Members



Recreation Committee Chair – Councillor



This type of structure tends to allow for the bulk of discussion and debate of pertinent issues at the committee level, with all recommendations forwarded to council for consideration and final decision-making. Municipal staff may also spend considerable time preparing for the various committees, sometimes at the expense of the overall administration of their respective departments.

It is important to note that the clerk and/or the CAO should be the individuals through which council’s decisions or directives are acted upon. Committee chairs giving direction or “guidance” to municipal staff could become problematic and may lead to role confusion.

c. Council-Chief Administrative Officer (CAO) System

The council-chief administrative officer system is based upon the principle of separation of policy from administration. In general terms, a council is responsible for setting policy, while staff, through the chief administrative officer/clerk, is responsible for administration. Council should not be involved in the day-to-day administrative operations of the municipality. The chief administrative officer of a municipality is expected to:

• Ensure that council policies and decisions are adhered to and carried out• Supervise the department heads / staff• Co-ordinate, develop and implement hiring practices• Co-ordinate the various branches of the administration• Oversee the preparation of annual estimates for council’s budget deliberations• Oversee the administration and enforcement of by-laws• Prepare and present reports to council• Keep council apprised of all matters of importance in the community.• Keep council apprised of all matters of importance regarding administration of the

local government

The following organization chart illustrates the typical structure associated with the council-chief administrative officer system. Again, this organizational chart may vary among New Brunswick municipalities.

Council-Chief Administrative Officer System

Council

CAO/Clerk

RecreationDepartment Head

Police and FireDepartment Head

Public WorksDepartment Head

RecreationCommittee

Police and FireCommittee

Public WorksCommittee



All recommendations to council flow from the department head through the Chief Administrative Officer to council. Committees with a committee chair do exist in this system, but their function is primarily to examine policy alternatives, to seek the views of the public and to provide advice to council. They have no direct role in the supervision or management of any municipal department or service. The department head would forward the minutes of the monthly committee meetings to the chief administrative officer. Any recommendations from these minutes would be forwarded to council for review and consideration at the regular council meetings.

Some local governments may have a structure that is very similar to the council-committee or council-CAO system as previously described. However, in many cases, municipalities have adopted variations of the two models, and/or combined elements of both structures.

d. Advantages and Disadvantages of the Different Systems

Council-Committee System

Advantages Disadvantages

Smaller, interest-based focus groupmay lead to more committee businessbeing discussed

Some issues could be stalled atcommittee level due to personal biases and/or outside influences

As committee is more interest basedthis could lead to more insightfulrecommendations for council

Potential for many current and pastrecommendations to be dealt with (e.g.council tables and sends back to committee for further recommendations)

Citizens and interest groups more likely to address concerns, presentations at committee level than in regular council.

Members of committee could becomeemotionally involved on issues wherethe details are dealt with on a face toface basis

As chair of standing committee there is a level of accountability andexpectation, along with a higher profilein the community in regards to yourcommittee’s mandate

As chair of a standing committee youare accountable for both the positiveand negative outcomes stemming from recommendations of your respective committee



Council-Chief Administrative Officer System


Council less involved in the day-to-day administrative operations of the municipality, and more focused on policy-making, leaving CAO responsible and accountable for all municipal administration

As an item does not get thoroughlydiscussed at a committee level, a CAO could use his/her “take” or influence on an issue to sway decision-making

Having an experienced, professionalChief Administrative Officer at the helm providing sound advice and ensuring that council policies and decisions are adhered to and carried out, could provide less stress for council members the CAO would be the “point person” for residents with issues or concerns

Less room for initial discussion/inputand debate amongst committeemembers before recommendation goes to council

Council “At Large” Sitting on All Standing Committees


This system affords all members ofcouncil to debate issues respective to all standing committees of council so there is some sense of consensus of the outcome before final decision-making occurs at the regular council meeting

Lengthy meetings as all council has achance to question, debate committeeissues and recommendations.

Number of monthly committeemeetings could be fewer as a numberof committees or all could potentially be dealt with in one or two sessions

More paperwork generated as allmembers of council have to be copied

3.7 Entire Council Members Sitting in Standing Committee

In some cases, municipalities have the entire membership of council sit on every standing committee. In this instance, a councillor could be appointed by the mayor to serve as chair of the committee and as such, could be responsible to preside over his or her committee meeting. The chief administrative officer or clerk (and possibly other staff members, depending on the issue at hand) would be in attendance at the committee meetings, providing advice, options and suggested recommendations particular to that committee before bringing the matter forward to a regular meeting for decision-making by council.

It may also be the case that members of council would sit on any sub-committees of the standing committees, relative to the particular department or service. (E.g. Recreation chairman would sit on a Recreation Advisory Committee)



3.8 Ad Hoc Committees

Ad hoc committees in a municipality serve in an advisory capacity to council and are usually created and sanctioned by the council. Examples of ad hoc committees could be a youth advisory committee, a senior’s advisory committee, a heritage preservation committee and so on. These committees, usually involving community-minded volunteers, are created as needs are identified and specific advice, research and recommendations are required for council to make well-informed decisions. Generally the mandate and terms for ad hoc committees are not identified in a municipality’s procedural by-law, unlike the standing committees of council.

3.9 Key Functions of the Local Government

a. Service Provision

A fundamental role of a municipality is to be a service provider. While legislation provides that municipalities shall provide certain services: police protection; participation in the development, establishment and operation of the NB 9-�-� Service; and establishment and maintenance of a municipal emergency measures organization, including the preparation and co-ordination of an emergency measures plan for the municipality), in reality municipalities are obliged to provide a variety of other services. These will include such services as; fire protection; garbage and refuse collection and disposal; sewerage; sidewalks; roads and streets; regulation of traffic; street lighting; land use planning; water; parks; and recreational and sports facilities and programs to name a few. The scope of these services will vary dramatically from the smaller to the larger local governments. Each of these service areas is discussed in more detail in Section �� of this manual.

b. By-Law Making

Municipalities also have a regulatory role, which is exercised through by-law making powers. A local government’s by-law making powers are generally listed in Section �� of the Municipalities Act, and include such areas as regulating and licensing the owners and operators of taxi cabs, and prohibiting the making or noise that would cause a public disturbance. There are also provisions in other sections of the Municipalities Act that provide by-law making authority. For example section 96 of the Act deals with a local government’s authority regarding animal control. In addition, other provincial statutes provide further authority to adopt by-laws (e.g. Community Planning Act, Municipal Heritage Preservation Act). The various by-law making powers of local government are discussed in greater detail in Section � of the manual.

c. Political/Representative Role

In addition to providing roles of service provision and by-law making, the local level of government has a political role that cannot be underestimated. The leadership and policy-making roles of council, entrusted by its citizens, has a very important place within the complex structure of federal, provincial and local institutions that serve to regulate, protect and promote the diverse sectors and interests of society. In fact, the services a municipality provides and the by-laws it enacts are very much driven by this political/ policy-making role.

- �0 - Local Government Resource Manual


3.10 Role of Council

Council members are elected either as a representative of the entire community for municipalities which are not divided into wards, or councillors at large, or as representatives of the residents of their ward for the purpose of bringing about improvement of community life. Together, not individually, they exercise all the powers of the municipality. In addition to their representational role, the members may perform a variety of other functions: e.g. deputy mayor, chair of standing or ad hoc committees, members of commissions or mayor’s representative or delegate.

Their work to improve the good of the community is evident in three types of activities:

a) Deliberations and sound decision-making b) Participation in and chairing of committees c) Consultation with and accountable to the citizens

Webster’s Dictionary describes the word “accountable” as “an obligation or willingness to accept responsibility or to account for one’s actions”. In this context, how is a council member accountable to the voting public? In the manner that a councillor either votes for or against a resolution, by-law, policy, budget item or any matter that affects a municipality, it is reasonable to expect that he or she will be held accountable by the voting public for an explanation or reasoning for their decision.

3.11 Citizen Expectations

At the ballot box, the citizens of a community choose someone to represent their local interests (although some council members are elected by acclamation). Given this responsibility, decisions that are ultimately made by council have to be seen by the electorate to be reviewed, considered, well debated and implemented effectively. A well functioning local government should have a council and administration with a mutually clear understanding of the delegation of powers, whose accountable to whom and what their roles and responsibilities are within their organization.

3.12 Role of the Mayor

a. Primary Functions

The Municipalities Act outlines, in general terms, the roles and responsibilities of the mayor. These provisions are meant to highlight the primary functions of the mayor. It is important to keep in mind that the legislation does not speak to all of the specific activities a mayor may be involved in during their mandate. For example, the Act does not mention that a mayor acts as a key liaison between the staff of the municipality and the council, nor does it include the mayor’s role of recommending individuals to committees of council. Of course, the final decision regarding any recommendation is that of the whole council.

b. Decision-Making

While it is important to recognize that the mayor does have a special role in the local government organization and in terms of his or her relationship with other council members, at the end of the day the mayor is subject to the direction and control of the council and shall abide by the decisions of council. It is the council, as a whole, that is the decision-making body. Decisions of the local government are not to be made by an individual member of council but must be made by the council as a whole at a regular, special or emergency meeting of council.Municipalities Act: 36(1.1)

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c. Provides Leadership

Without a doubt, the most important role a mayor assumes is that of providing leadership. Leadership in the local government context means facilitating a team approach among council members and between the council and the administration. It involves serving as an unbiased moderator among council members and the administration. It involves encouraging and motivating councillors and staff to serve the community in the most effective and efficient manner possible. Mayors must work and communicate with council members to foster and move toward a common vision for the local government they serve. As stated in legislation, the mayor shall communicate information and recommend actions to council for the improvement of the municipality’s finances, administration and government. If there are issues affecting the manner in which council is functioning, the mayor should take the lead in addressing them. Municipalities Act: 36(1)(c)

d. Awareness of the Community

The Mayor needs to understand the community, its issues and concerns, as well as his or her council and to lead them towards a successful resolution of the matters at hand. As leader, the mayor is expected to be capable of “rallying the troops” around a particular issue or course of action. The direction, however, must be that established by the entire council, rather than by the mayor individually. The Mayor does have an obligation to convey the will of the council to the public, whether or not the mayor has actually supported the decision of his or her council.Municipalities Act: 36(1)(b)

e. Presides at Meetings

As specified in the legislation, the mayor or his or her delegate shall preside at all council meetings. In this capacity, he or she is the chief moderator, and is required to maintain order and to ensure proper meeting procedures are followed. This role is critical to ensuring that the debates are fair, respectful and productive. The mayor should also work closely with the CAO/clerk to ensure that all of the relevant information is presented and ultimately that the best and most informed decisions are made. More is said about council meeting procedures in Section 4 of this manual.Municipalities Act: 36(1)(a)

f. Communicates/Represents

The mayor is the primary liaison with the administration of the local government. Depending on its size and structure, the mayor will likely interact on a regular basis with the CAO or the clerk. This interaction will be discussed in further detail in Section 3 dealing with council-staff relations.

The mayor is also the key spokesperson for the local government. This means that the mayor is the person who will speak to the media on behalf of council and with the general public. In some instances the council may designate a member of council, other than the mayor, to speak to the public/media on behalf of the council on a specific matter. (There may be a situation in which a designated councillor is playing a lead role and therefore has the most knowledge about the issue at hand.) The mayor will also usually be the main liaison with other governments, be they municipal, provincial or federal. This being said, it does not preclude other members of council attending the events on behalf of the municipality. The mayor or designated council member has an obligation to keep the council informed of all official activities.Municipalities Act: 36(1)(d)



g. Representation on Committees

The mayor often acts in an ex-officio capacity to all standing committees of council. This is another example of a role the mayor has that is not legislated but rather has been acquired over time.

h. Ceremonial Role

Being mayor often involves participation in a variety of ceremonial activities. Unless the mayor is absent from the municipality, he or she will usually be the individual who will represent the municipality at ceremonies. Again, this ceremonial function is not legislated but is expected given the leadership role that the mayor has as council’s spokesperson.

i. Oversight Role

Given the mayor’s role of ongoing liaison with the administration through the CAO or clerk, he or she has a responsibility to liaise with the CAO/clerk, to ensure that council’s directives and or policies are being followed and/or implemented. This role is important as a means of ensuring that the decisions of council are being understood and acted upon by the administration.

j. Key Signing Authority

The mayor, along with the clerk, are the key signatories for the municipality and sign all legal contracts, agreements, deeds and other documents to which the municipality is a party. The mayor and clerk should be given authority by either council by-law or resolution before signing any of the aforementioned documents on behalf of the municipality. If the signatures are to be reproduced, a council resolution would be required in order to do so. It is important to designate alternate signing officers and have signed authorization cards from the local government’s banking institutions in case of illness or absence of the key signing authorities (e.g. mayor, clerk, treasurer).Municipalities Act: 5(2)(b); 78(1); 78(2)

k. Voting Powers of the Mayor

Municipal legislation dictates that unless disqualified to vote by reason of interest or otherwise, all members of Council, including the mayor, must announce their vote openly and individually when making decisions. However, the Municipalities Act also allows a local government to specify in its procedural by-law that the mayor shall only vote in the event of a tie.Municipalities Act: 10.1(1)

l. Policy Development

Along with the other council members, the mayor does have a role to play in shaping policy direction for the local government. The mayor may provide his or her point of view during a council meeting and can engage in the debate (as long as he or she follows the appropriate meeting procedures). A mayor may also have an impact on policy direction by being able to vote on items before council, as long as he or she is not limited by the local government’s procedural by-law to only voting in the event of a tie.

The legislation specifies that the mayor shall “…recommend actions to council for the improvement of the local government’s finances, administration and government”. This implies that a mayor should be thinking about the programs, by-laws, policies and structure of the local government and how well they are serving the community. To do so, he or she must be attuned to the community and its evolving needs and challenges.



m. Other functions

The mayor may also have responsibilities assigned to him or her via the municipality’s procedural by-law or by way of policies adopted by resolution of council. An example of what might be included in a procedural by-law in terms of the mayor’s role is the nominating of council members to committees. Such a role might also be outlined in a municipality’s policy manual.

3.13 Role of the Deputy MayorThe Municipalities Act specifies that the council of a municipality shall elect a deputy mayor and a municipality’s procedural by-law shall state the manner in which a deputy mayor shall be elected and the duration of the term of a deputy mayor.

The deputy mayor plays a significant role in a municipality. If the office of the mayor is vacant or in the absence or inability of the mayor to act, the deputy mayor would act as the mayor designate and would assume all the powers and duties of the mayor.Municipalities Act: 30, 36(2)

3.14 Role of the Councillor

a. Serves the Interests of the Whole Community

Local governments serve their communities by providing services and programs. They also serve their communities through the by-laws they put in place and enforce. One of the roles of the councillor is to ensure that what their local government is doing continues to reflect the needs of the community. As stated in legislation, a councillor shall consider the welfare and interests of the entire municipality when making decisions and bring to the attention of council matters that may promote the welfare or interests of the municipality. Council members should therefore be continuously thinking about what their local government provides and what adjustments, if any, should be made to better serve the community.Municipalities Act: (a)(b)(2.1)

b. Develops and Evaluates Policies, By-Laws

As part of the decision-making role, council members must take the time to evaluate and review the local government’s by-laws, policies and agreements to ensure they continue to reflect community needs. A helpful exercise would be to periodically review all of the municipality’s by-laws (perhaps every four to five years) to ensure that what is in place continues to have relevance for the community and continues to be enforceable. A schedule could be prepared that would specify when by-laws are to be reviewed.Municipalities Act: 36(2.1)(c)

c. Attends Council and Committee Meetings

A critical component of a councillor’s work is attendance and participation in council meetings. In fact, a councillor’s attendance at, and active participation in, council meetings are required by legislation and are crucial if a local government is to work effectively. Council meetings provide the opportunity for sharing information, debate, consensus-building and ultimately, the making of decisions. The council meeting is the forum through which decisions are made and the policy direction for the municipality is established.Municipalities Act: 36(2.1)(d)



d. Policy development

Like the mayor, councillors have a very important role in setting policy direction for the municipality. Setting policy direction involves engaging in debate, providing input and ideas on programs, by-laws and policies and making decisions through the voting process at council meetings.

e. Representing the Community

Councillors are elected to make decisions on behalf of the community. On the surface, this activity may appear to be relatively straightforward. Ideally, all decisions of council would be welcomed by the entire citizenry and business community. In reality, this rarely happens and decision-making for councillors can be difficult and sometimes very uncomfortable. There are decisions that council members will make that will unavoidably be unpopular with a minority or possibly a majority of the population. Councillors can often find themselves in a situation where they must balance citizen perspectives with council’s long term vision. If council members can always remember that they were elected to make decisions that are in the best interests of the whole community (both short and long term), it will help when difficult decisions have to be made. Like the mayor, councillors also serve to represent the broad interests of the community and as such, should bring to the attention of council.

f. Financial Role

Every council is expected to approve its community’s budget on an annual basis. In establishing the budget and subsequent tax rate, councillors must adhere to municipal accounting principles and financial policies when determining how a municipality will allocate its funds. Working with administrative staff, they must constantly assess needs in determining the level of services it wishes to bring to residents/businesses of the community.

g. Conflict Resolution Role

Differences of opinion amongst councillors are a normal and healthy part of the decision-making process. To ensure that a thorough and fair process has been followed before reaching a final decision, councillors are expected to listen to and respect other’s opinions on the issue, to review all administrative research, advice and options, as well as any policy and budgetary consequences, before voting on the matter.

The final decision might not be one that the individual councillor personally agrees with, and may even have opposed it. It is important to emphasize that once the final decision is passed by a motion at a regular session of council, all members of council must accept the position taken.

h. Other functions

From time to time, councillors will be assigned other duties. This may range from sitting on specific committees to representing the community at a particular function where the mayor or deputy mayor is unable to attend. Councillors also have a legislated obligation to participate in any other body to which he or she has been appointed by the council.Municipalities Act: 36(2.1)(d)



3.15 Role of the Clerk

a. Statutory Role

The clerk of a municipality plays an important statutory role within the local government organization. In fact, the position of clerk is much more than the name implies and is a position that is required by the Municipalities Act for every local government. If there is no clerk in place, a council cannot make decisions.

The clerk of a municipality is responsible for much more than simply preparing and setting up council meetings. There are numerous provisions in the legislation that assign a variety of tasks and responsibilities to the clerk. Moreover, in many municipalities, particularly the smaller ones, the role of the clerk is much broader as it is usually combined with the functions of the chief administrative officer and/or treasurer, and possibly other functions. In those cases, the clerks take on far more duties than are legislated. This is often a necessity by virtue of budget limitations.

It is critical that elected officials recognize the legislated role of the clerk and other duties that a clerk may have been assigned or has automatically assumed as a result of being one of only a few staff members.

b. Attendance at Meetings of Council

The clerk of a municipality is the clerk of the council and shall attend all meetings of council and notify all members of council of all meetings. Where municipalities have the luxury, it is strongly recommended that someone be appointed assistant clerk as a back-up. Without the presence of a clerk, there cannot be a meeting of council where decisions are made.

Although not legislated, the clerk plays an advisory role in keeping the mayor and council procedurally on track and duly informed of proper protocol during meetings of council. In that same capacity, it is beneficial if the clerk has a working knowledge and understanding of all the municipal by-laws, policies and relevant provincial legislation dealing with municipalities (e.g. Municipalities Act, Community Planning Act, Municipal Elections Act).,Municipalities Act: 76(1)(a)

c. Recording Requirements

The clerk must record who is present at meetings of council, as well as the resolutions, decisions and proceedings, without personal note or comment. The minutes of the meetings can be recorded electronically or by written documentation, either recorded verbatim (exact wording) or by synopsis (key messages and direction are recorded). If requested by a council member, the clerk records the names and votes of every member of who voted on a question. The recording of minutes will be further discussed in Section 4 dealing with minutes and meetings.Municipalities Act : 76(1)(a)(i)(ii)

d. Record Keeping

Clerks are responsible for keeping the books, documents and records of the council and the originals of all by-laws and resolutions. Records play an extremely important role in local government operations. Well kept and easily retrieved records can provide historical accounts and background information of how a local government has evolved and should be able to provide insight as to why particular decisions were made by the council of the day. Records Management is discussed in detail in Section 6 of the manual.



e. Maintain an Indexed Register of By-laws

The clerk must maintain an indexed register of certified copies of all by-laws of the local government that shall be available for public inspection during regular office hours. What this means is that a filing system should be in place that will allow both local government officials and the general public to easily access the by-laws of a municipality. Many municipalities are now placing their by-laws on a web site, thereby making the by-laws far more accessible and easier to search through. The paper and/or electronic website must be kept up-to-date and all the current amendments should be referenced or attached directly to the respective by-law.

f. Signatory to Corporation Documents

It is important to note that the clerk shall sign, along with the mayor, all agreements, contracts, deeds and other documents to which the municipality is a party. If these documents are not properly signed and sealed with the corporate seal, there could be greater potential for legal problems.Municipalities Act: 5(2); 76(1)(d.2);

g. Custodian of Corporate Seal

The clerk is the custodian of the corporate seal of the municipality and shall safeguard the seal for the municipality. The clerk shall ensure that only he/she utilizes the seal on any documentation that so requires the corporate seal of the municipality.Municipalities Act: 76(1)(d)

h. Clerk May Administer the Oath

Unless elected by acclamation, a person elected to office on a municipal council in a quadrennial election, a by-election or a first election shall not accept office by taking and subscribing to the oath of office before the expiration of the ten day period following the person’s election. As stated in legislation, the clerk, a notary public, a commissioner of oaths or a judge of the Provincial Court, the Court of Queen’s Bench of New Brunswick of the Court of Appeal of New Brunswick may administer the oath.Municipalities Act: 33(2.3); 33(4)

i. Oath of Office Filed with the Clerk

Once the oath is administered, it shall be filed with the clerk and the clerk shall record in the minutes of Council the taking of the individual oaths of council. Municipalities Act: 33(5)

j. Conflict of Interest Declarations must be filed with the Clerk

As stated in legislation, each member of council, upon assuming office, shall file with the clerk in the form prescribed by regulation a statement disclosing any conflict of interest of which he or she has knowledge or should reasonably have knowledge.Municipalities Act: 90.4(1)

k. Fixing a Date for the First Meeting

Quadrennial elections are always held on the second Monday in May. The clerk may fix a date for the first meeting of a council. The clerk now has the option to schedule the first meeting of council on a date other than the 4th Monday in May, but the meeting must be scheduled for no later than June �5th. Unless a person’s election was by acclamation, a person elected to office on a municipal council in a quadrennial election or a first election shall not be sworn in until the expiration of the ten day period following the election (allows for recount of votes, if necessary).Municipalities Act: 10(1)(a)(b); 10(1.1); 33(2.3)



l. Setting the Agenda

The clerk, in most instances, sets the agenda for all meetings of council. To ensure consistency, it would be beneficial if the policy and procedures for setting an agenda are established and adhered to in the municipality’s procedural bylaw.

m. Filing of resignations with the Clerk

As stated in legislation, a member of a council may resign from his or her office by filing with the clerk his or her resignation in writing.Municipalities Act:: 33(7)

n. Clerk Shall File Certified Copy of Resolutions declaring vacancy on Council

If a vacancy occurs in the council, as detailed in section 34(�) of the Act, the council shall by resolution within two months from the date that the vacancy arises, declare, by resolution, the reason for such vacancy, and within �0 days of such declaration the clerk shall forward a certified copy of the resolution to the Municipal Electoral Officer. This certified copy should be signed by both the mayor and the clerk.Municipalities Act: 35(1); 5(2)

o. Other Duties as Assigned by the Council

The clerk shall perform such other duties as the council assigns to him or her. The duties could vary from municipality to municipality and usually depends on the size of the local government organization.

3.16 Appointment of Assistant Clerk

There can be no meeting of council where decisions are made unless the clerk is present. Therefore, it is highly recommended that a council appoint an assistant clerk, if at all possible, to fulfill the duties of the clerk in his or her absence. In such absence or disability of the clerk or when there is no clerk, the assistant clerk has all the powers and duties of the clerk.Municipalities Act: 76(2)

3.17 Appointment of Clerk When There is No Assistant Clerk Appointed

There may be instances where the clerk is absent for a period of time. In these cases and where an assistant clerk has not been named, the council may appoint by resolution of council, an acting clerk, who will take on all the duties of the clerk. If a clerk becomes absent before a council has an opportunity to appoint an acting officer or assistant clerk, such an appointment should be the first order of business at the next meeting of council.Municipalities Act: 74 (3), 76(2)

3.18 Role of the Chief Administrative Officer

a. Duties Prescribed by By-Law

Unlike the role of the clerk, the role of the chief administrative officer (CAO) is not prescribed in the legislation. Rather, the Municipalities Act specifies that a council may appoint a chief administrative officer for the municipality or a rural community and that the specific powers and duties of this individual appointed to this position shall be prescribed by by-law or resolution. It should be noted that some



municipalities choose other titles for the senior administrator (e.g. manager, clerk/manager, clerk/treasurer).

When a CAO is appointed by a council, he or she will have primary responsibility for administration of the affairs of the municipality. The following outlines the general roles and responsibilities of the CAO in a local government.

b. Head of the Administration

In his or her capacity as head of the administration, the CAO is responsible for directing a team of department heads, supervisors, technicians and support staff in order to manage the affairs of the municipality and to deliver services. In smaller municipalities, the CAO may take on other roles, including the functions associated with the clerk and treasurer positions. The important point to be noted is that the CAO leads the administration and is ultimately the individual who should be answerable to the council for the administration and how it performs. A CAO must play a strong leadership role, regardless of the size of the local government they are administering. This means fostering teamwork and a positive work environment among staff members, ensuring that staff are able to take part in professional development training programs, ensuring that staff have appropriate resources to work with, addressing issues that affect staff as they arise and making well-informed and fair decisions.

c. Primary Advisory and Liaison to Council

As head of the administration, the CAO is the primary advisor to and liaison with the council. While it is the council that has final decision-making authority, it should be able to rely on the CAO for well-founded advice and expertise. Councils should count on their CAO to obtain the necessary background information, conduct needed research and collect any other relevant facts that will assist them in their decision-making role. While it may not be the CAO that will do all of this, they are responsible for ensuring that the information gets back to council in a well-organized and understandable format. The CAO should also be proactive in identifying potential pitfalls (and benefits) when a council is discussing a particular issue and is intent on making a decision. He or she should be in a position to advise on potential legal and financial consequences and in terms of the potential impact on the community.

The CAO should also serve as the contact person if members of council have concerns about how the administration is functioning or about the actions and general conduct of the municipal staff.

d. Implementing Decisions of the Council

When a council makes a decision, whether it is about adjustments to a program, changes in structure or budgets, it is the CAO that must ensure these changes are implemented. While it may not be the CAO who actually makes the changes, they are responsible for making the change happen through the staff of the municipality.

e. Liaison with the General Public

The chief administrative officer acts as the main liaison between the council and the citizens of the municipality. He or she has an obligation to meet with the general public on any matters that deal with by-laws, policies or procedures that have been established by the council as well as programs and activities involving the community.

In his or her role as CAO, meeting and dealing with the public could be an every day occurrence. This will include having to meet with a citizen who may or may not approve of a recent decision of his or her council. It is important that the CAO listen to



the citizen’s concerns, and provide the relevant background information that would assist in clarifying the situation.

It is not the CAO’s mandate to debate the outcome of the council decision; rather it is the CAO’s duty to carry out council policies or directives. If one or more members of the public are unsatisfied after meeting with the CAO and wish to further query a council decision, the mayor and council should be briefed, so that other alternatives can be explored (e.g. arranging a meeting with the mayor and/or other members of council, senior staff ).

f. Liaison with Other Government Officials

As the senior municipal administrator, the CAO will often be involved in discussions and work with provincial and federal officials on various initiatives or partnerships that will impact the community. These matters may be of a financial, programming or regulatory/legal nature.

g. Budgetary/Financial Role

The CAO is responsible for overseeing the preparation of the annual budget and once adopted, will supervise its administration. Working closely with the treasurer, the CAO monitors revenues and expenditures on a frequent basis to ensure that departmental budgets are staying on track. Further details of this role will be outlines in Section 8 dealing with government finances.

h. By-Law Development and Other Legal Matters

Whether a new by-law is being developed or amendments to existing by-laws are required, the CAO has a role to play in this area. The CAO may have a direct hand in the preparation of a by-law or the drafting may be left to the clerk or legal advisor. The CAO will ensure that from a policy perspective, the by-law addresses the issues identified by the council. Further details regarding the by-law development process will be provided in Section � “Other Legal Matters”.

i. Property Management

Property management can be defined as the preparation of plans and program for the construction, rehabilitation and maintenance of municipal property or facilities. The CAO or delegated staff should ensure that ongoing inventories are maintained pertaining to the operation and maintenance costs of each facility owned by the local government, including a description of past or current renovations as well as short and long term plans to reduce energy consumption and promote energy efficiency.

3.19 Role of Treasurer

The Treasurer is the chief financial and accounting officer of the municipality. Like the clerk, this position is required by the Municipalities Act. As with other positions, the range of the duties of the treasurer will vary among local governments and often depends on the size of the municipality.

a. Collects and receives all money of the municipality

The treasurer must take custody of all monies belonging to the municipality and must carefully account for those monies. This implies that the treasurer must maintain proper financial records in keeping with generally accepted accounting principles (GAAP).Municipalities Act: 77(1)



b. Opens one or more accounts on behalf of the municipality

It is the responsibility of the treasurer to ensure that all signing authorities on behalf of the municipality are kept up-to-date for banking purposes. The treasurer should be aware of current interest rates and banking charges, to ensure the municipality is receiving the best arrangement for its banking services. The opening of any new accounts is the responsibility of the treasurer.Municipalities Act: 77(1)

c. Is the Custodian and Keeper of the Books of Account

All books of account are under the custody and safekeeping of the treasurer, including cash books, receipts, disbursements, cash balances, debentures, bonds and coupons, insurance programs, bank statements, debt records, retirement funds, and payroll records of the local government. Generally, the treasurer can serve as custodian of insurance policies, deeds to all municipal property, tax assessment rolls and any contractual agreements of the municipality.Municipalities Act: 77(1)(d)

d. Prepares and submits periodic financial statements to Council

The treasurer should regularly advise the CAO, the Mayor and/or finance committee concerning the current financial condition of the municipality. This can be accomplished by summary in monthly financial statements and in detail by quarterly financial statements to council.Municipalities Act: 77(1)(e)

e. Ensures that the municipality is protected by insurance

The treasurer has to ensure that a comprehensive insurance coverage plan is in place for the local government. He or she needs to establish a rapport with the local government’s insurance underwriter and to discuss, in detail, the needs of the corporation. Liability insurance will be discussed in greater detail under “Risk Management” in Section �.Municipalities Act: 77(1)(g)

f. Advises the Council and its committees on all matters pertaining to finance or accounting

The treasurer works very closely with the CAO during the development and preparation of the annual budget. The treasurer plays a lead role as liaison with the municipal auditor during the audit and remains in contact with the auditor throughout the year on various financial and accounting matters. The treasurer must ensure that policies and resolutions pertaining to the local government’s finances are being followed. He or she should also be tracking expenditures and revenues in relation to the budget. Potential problems or discrepancies should be brought to the attention of the CAO and/or council.Municipalities Act: 77(1)(h)

g. Signs All Cheques

The Treasurer shall sign jointly with the mayor, or such other person(s) as the council appoints, all cheques issued by the municipality. The signatures on cheques issued by the municipality may be reproduced, but only if so authorized by resolution of council.Municipalities Act: 78(1)(2)

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h. Not Liable for Any Money

As stated in legislation, the treasurer is not liable for any money paid by him in accordance with a by-law or resolution of the council unless another disposition of it is expressly provided for by law. If a treasurer disperses money on behalf of the municipality that contravenes a by-law or statute, he or she could be found personally liable.Municipalities Act: 79

3.20. Appointment of Assistant Treasurer

As in the case of the assistant clerk, and where luxury provides, it is important that an assistant treasurer be appointed in the absence or disability of the treasurer to perform his or her duties. The role of the treasurer will be further elaborated in the context of the Municipal Finances section.Municipalities Act: 74(3), 77(2)

3.21 Role of the Municipal Solicitor

It should be clarified that the municipal solicitor is not the personal lawyer for either the individually elected or the appointed officials. While discharging his or her duties, the solicitor must act in the best interests for the municipality and should not risk a conflict of interest by acting for individuals where the municipality may be involved.

Most large municipalities employ a full-time solicitor in their workforce. Elsewhere, the duties of municipal solicitor could be filled on a casual or contract position or perhaps on a part-time basis. As well, many municipalities have a lawyer on a retainer basis.

The solicitor for a municipality plays an important role within the administrative organization. When retaining or hiring a solicitor for your municipality, it is critical that he or she is very knowledgeable of the Municipalities Act and the Community Planning Act, along with all of the statutes of the Province of New Brunswick.

Some areas where a solicitor can assist a local government may include:

- Giving advice on procedure and interpreting legislation- Drafting of by-laws and determining whether sufficient statutory authority exists to

enact certain by-laws- Examining and giving opinions on land use planning related by-laws (zoning by-

laws, subdivision by-laws, building by-laws) and all other by-laws in force in the municipality

- Giving advice to management during union negotiations- Drafting or review of agreements, contracts and tenders- Overseeing of expropriations- Negotiating settlements of liability claims and other litigation matters- Negotiating severance packages

3.22 Council-Staff Relations

a. Overview

A healthy relationship between the council and staff of a municipality is essential for the effectiveness of a local government. The interaction between council and staff is an aspect of local government operations that can be challenging at times and requires constant attention. This section will focus on the elements of a healthy council-staff relationship, potential problem areas and what can be done to encourage positive



working relations between council members and the staff of a local government. Particular emphasis will be placed on the link between the senior administration (CAO/clerk) and the council. This section will also examine issues regarding the relationship among council members.

b. An Ideal Council-Staff Relationship

Ideally, the relationship between the council and staff of a local government is one where there is a mutual understanding and respect of roles and responsibilities, open two-way communication, accepted reporting relationships, as well as clear direction from the elected body. Moreover, the importance of placing an emphasis on a “team” approach cannot be overstated. There has to be a willingness between council and staff to share the credit for good ideas, to trust one another, to build respect by listening to one another’s views, to keep each other informed on community issues and to work through solutions together. A council must respect staff’s role to provide the best advice and assistance while staff must respect council’s role to make the decisions on behalf of the community.

A good working relationship between the council and staff will foster goodwill, which in turn will help promote a positive image for the community. The electorate will see that both elected and appointed officials are working together for the betterment of the entire community. In reality, this ideal relationship can be hard to achieve. However, there are some actions that can be taken by both the council members and the senior administration to ensure that the relationship remains productive, positive and responsive to the community’s needs.

c. Understanding and Appreciating Roles

If the relationship between a council and the administration of a local government is going to work, the key is to have both groups understand, appreciate and respect the roles that each has to play. Without this, it is inevitable that difficulties will be encountered. As a starting point, it is helpful for council members and the administration to recognize some of the fundamental differences between the council and the administration of a local government. The following table illustrates some of the differences between the council and the senior administration of a local government.



d. Differences between the council and the senior administration of a local government.

Council(mayor and the councillors)

Senior Staff(including CAO, Clerk, Treasurer)

Elected by citizens of the communityevery four years

Hired and appointed by the localgovernment corporation based onprofessional expertise and / orexperience

Generally speaking role is part time Role is full-time

Focus is on the four year mandate:may have been elected on basis of aparticular platform and to make changes

Focus is more on the long-term (beyond the four year election mandate)

Fulfills the “political” function: interaction with and responding to the community, interaction with other levels of government

Fulfills the “administrative” function:implements the decisions of the council and manages the day-to-day operations

Council provides policy direction andmakes the substantive decisions for themunicipal corporation

Provides advice / recommendations tocouncil, implements policy directionsand decisions of the council ;

Provides specific directions to the CAO/ Clerk

Ensures that the council’s decisionsare carried out; provides specificdirections to other staff members; incharge of personnel

Ensures that the local governmentcontinues to meet the community’sneeds and that the administration isproviding the public with the bestservice it can

Coordinates / oversees the day-to-dayoperations and administration of thelocal government; responsible foremployee professional developmenttraining

Develops and approves the budget forthe local government

Assists council by preparing budgetdocuments and ensures that thebudget is being properly administered(money is being allocated as per theadopted budget of the municipality)

The relationship between the council and the administration can become strained when there is a misunderstanding of these roles, particularly when one group attempts to take on the role of the other. For instance, a council member may try to direct staff that reports to the CAO / clerk or in other instances, the CAO /clerk may inappropriately respond to the media on behalf of the municipality. These types of situations may be further complicated by different personalities, different agendas and diverging points of view.



e. Examples of Role Confusion

Council CAO/Clerk

Directing members of staff to dodebate or certain things without the knowledge or permission of the CAO

Becoming involved in the day toinput day running of operations of the municipality

Hiring and firing employees

Reprimanding individual municipal staff

Becoming involved in politicalpolitical activity

Setting budgets without Council’sduring the whole budget process

Setting policy

Becoming the spokesperson for theCouncil

There are actions that can be taken to promote a greater understanding of each other’s role within the local government organization and the idea that a council and the administration form a team dedicated to serving the community. A council and its administration may wish to consider the following activities and strategies to foster greater role understanding and teamwork.

3.23 Development of an Orientation Information Package

At the outset of its mandate, a new council should be provided with an information package that provides, at a minimum, the following:

• an overview of the local government organization, including roles and responsibilities, reporting relationships

• council meeting procedures and processes• committee structures (if applicable)• services provided by the local government• by-laws and amendments to by-laws enacted by the local government• policies formulated by the local government• local government finances and budgeting processes and• information on various other topics that are important for the incoming council.

Care should be given to not overwhelm the newly elected council with too much detail. In preparing the orientation package, some of the information contained in this manual could be used. Ideally, the information package would be accompanied by one or more information sessions in which council and the administration have a chance to review the material together and address questions and concerns. It is very important that the information prepared for the council members is up to date, relevant and presented in a neutral manner.

3.24 Joint planning session (Retreat)

In the first year of its mandate, the council and administration (and possibly other key stakeholders in the community) could consider engaging in a general planning session. Such a session would provide an opportunity to identify of priority for the local government, examine possible changes to local government policies, by-laws, operations, structures and services, and assists in identifying potential amendments to by-laws. In addition, particular services could be examined, if necessary (e.g., recreation,



fire service, public works). planning session can also be used to review the financial situation of the local government, with a view to the annual budget development and adoption process.

This type of planning session should provide an opportunity for the local government organization to establish priorities for the year and for the longer term. It can also serve as a forum through which a common vision / direction can be established not only between the council and the administration but also among the council members themselves. It may also serve as an opportunity for the council members and the senior administration of a municipality to share and discuss ideas in more relaxed setting and to build more of a teamwork environment.

3.25 Suggestions for Newly Elected Officials

a. Role Recognition

As an elected official, there are things that can be done to strengthen the relationship that exists between the administration and the council. First a foremost, elected officials must value and respect the role that the administration has in running the day-to-day operations of the local government. The experience and knowledge of administrators should be considered as assets to the municipality that the council can rely upon in the decision-making process. Recognition must be given to the fact that local government administrators (CAO clerk, treasurer and others) are the ones that provide continuity in the system and without them, the work of the municipality would not be accomplished.

b. Involving the Administration

If there is a problem or issue that arises within the municipality that a council becomes aware of, it is important to involve the administration in developing a response or a solution. Council members should be able to rely on the experience and knowledge of their CAO and/or clerk in this process. Working together on solutions will strengthen the team and will very likely result in better decisions being made and in better outcomes.

c. Creating a Supportive Working Environment

Council members can also help to create a supportive work environment for staff. This means providing positive feedback to the CAO/clerk for a job well done. It also means providing constructive criticism when warranted. If such criticism is to be provided, it should occur at the appropriate time and place (i.e., not in a regular council meeting). In addition, if feedback is to be provided, it should come throughout the year and not just through an annual performance review More will be said about the importance and necessity of performance appraisals in Section �2.

Councils must also be open to providing funding for training and professional development opportunities. Continuing education is critical for CAO/clerks as it provides opportunities to keep up to date in their respective field. It is also beneficial in terms of succession planning, which is also addressed under section �2.

d. Importance of Communication

Councils should also encourage open two-way communication with the administration. The administrator of a municipality should feel comfortable enough bringing concerns to the attention of the mayor or council members on an ongoing basis. During council meetings, the chair should ensure that the CAO, clerk and others are called upon to share their expertise, advice and views at appropriate times.



Allowing the administration of the municipality to provide their input (by way of advice and recommendations) should result in more informed and ultimately, better decisions for the community. Allowing for input also strengthens teamwork between the council and the administration.

e. Letting the Administration do its Job

Council members must let the administration do its job. Getting involved in the day-to-day administration inevitably creates problems As much as possible, council members should rely on their administration (no matter what the size of a municipality) to carry out the regular administrative business of the local government. While it may be well-intentioned, it is important for the elected official to resist the temptation to micro-manage the organization. More time can then be spent by council members focusing on the bigger picture – addressing issues that have a broad impact on the community and its citizens.

It is also important to allow the CAO / Clerk to carry out their role of overseeing and directing the work of staff. For example, if a road needs to be patched, a council member should not be asking the maintenance supervisor / worker to look after the problem or hiring a contractor to undertake the necessary remedial work. Rather, the council member should bring the matter to the attention of the administrator / clerk, who will then make the necessary arrangements to have the repairs made. Continually going around the administrator or clerk undermines their positions and eventually impacts the motivation of these individuals and will likely result in unnecessary conflict.

f. Protocols for Ongoing Communication

To assist with the daily interaction that occurs between council members and the administration (particularly with the CAO / clerk) it may be helpful to have a discussion about how this should occur. For example, weekly meetings could be scheduled between the CAO / clerk and the mayor. These meetings could be used as an opportunity to provide an update on various matters involving the municipality. These protocols might also address the manner in which councillors bring issues they are concerned about to the attention of the CAO / clerk. The CAO / clerk may then have to determine whether the matter can be addressed by the administration or dealt with by the whole council at a regular, special meeting or a closed meeting. While not all interactions between the council and administration should be formalized, it may be helpful to agree on some basic protocols in terms of keeping council members informed of issues between regular meetings and providing councillors the opportunity to bring concerns to the attention of the administration.

g. Well-defined Reporting Relationships

It is essential to clearly identify reporting relationships and how ongoing liaison between staff and council will occur. No municipality is exactly the same in their council –staff working and reporting relationships. However, having clearly defined administrative policies, by-laws and an organizational chart that specifies the reporting relationship of the staff to council, will help in terms of ongoing communication and in minimizing the potential for misunderstanding and conflict. If the reporting relationships between the council and administration appear to be creating difficulties, consideration should be given to having a working session involving the affected parties to develop acceptable protocols.



3.26 Helpful Suggestions for CAOs / Clerks a. Recognition of the Role of the Elected Official

The senior administration of a municipality also has to contribute to establishing a healthy relationship with the council. As with the council members, the administration must respect and value the role that the elected officials have in local government. The administration has to recognize that they are not the policy–makers. Rather, the administration is there to provide the support required for the council members to make well thought-out decisions. This means providing thorough, well-researched and accurate information to council members.

b. Prepare for Transition

Prior to the quadrennial elections, CAO’s /Clerks should have a transition plan in place. This plan might include such activities as the development and offering of an orientation program, preparation of the swearing-in and first meeting of the new council, the naming of new committee members, a review of the municipality’s procedural by-law concerning the process of selecting the new deputy mayor, the completion of the disclosure of interest forms, and a tour of the municipality’s facilities. The plan may also include various administrative items such as changing names regarding signing authority at banking institutions.

The following checklist provides a guide for matters that administration should consider during the transitional period after a quadrennial election:

c. Checklist administration should consider during the transitional period after a quadrennial election:

(i) Swearing-in ceremony

- Date determined?- Location determined? - Invitations sent to Council-elect and invited guests- Oath of Office forms filled out with correct spelling of individual members of council

for signatory during the swearing-in ceremony?- Person who will administer the Oath of Office been determined? (Clerk, Notary

Public, Commissioner of Oaths, Judge of the Provincial Court or the Court of Appeal)- Bible available (if council member is to be sworn in)- Corporate Seal of the Local Government available?- Name plates ordered and placed at assigned seating arrangements?

(ii) First Meeting of Newly Elected Council

- Ensure that the first meeting is not earlier than the expiration of the �0 day period following council’s election and not later than the �5th of June)

- Introduction of council members- Election of Deputy Mayor- Appointment of committee members- Appointment of signing officers for the municipality- Disclosure of Interest forms filled out and filed with the clerk- Necessary paperwork distributed (copies of policies, by-laws, municipal plan,

municipal budgets, council minutes for the past six months)- Set a date for orientation



(iii) Orientation of Newly Elected Council

- Introduction of senior staff- Review of the Procedural By-law- Overview of Municipalities Act and role of Department of Local Government- Role and responsibilities of council and senior appointed officers- Overview of the Budget and Budget Process- Overview of municipal departments and respective budgets- Overview of all council committees, special and ad hoc committees- Review of any outstanding issues/major events and upcoming events- Review of key by-laws and policies

d. Be Ready for Potential Changes

CAOs / Clerks must also anticipate that a new council may have a new overall agenda for the municipality, which may or may not include changes to policies, structure, services, programs and by-laws. While such changes may be uncomfortable, the administration may have to make some adjustments to accommodate the new directions established by the council. Complete resistance to change will make the relationship with the council a more difficult one.

e. Be Accessible to Council Members

While CAOs / clerks all have different styles, it is important that they be accessible to council members on an ongoing basis. Being able to respond to council members’ questions on a timely basis will go a long way toward strengthening trust and the overall relationship between the council and the administration. It should be noted, however, that not all issues or questions can be resolved by the CAO / clerk. Such matters may require a broader discussion as well as a decision from the entire council. This is where a CAO / clerk must use his or her professional judgment in terms of whether or not to address the issue themselves or have the matter raised as an item on the regular council meeting agenda or, if the matter is of a more urgent nature, at a special meeting.

f. The Importance of Neutrality

It is important for a CAO/clerk to treat all council members in a neutral manner. That is, the CAO / clerk must stick with the facts and avoid taking sides or being caught in situations where he or she is mediating between council members. It is advisable that the CAO / clerk suggest the involved council members try and resolve the issue between themselves or at the council table. Another option is to bring the matter to the attention of the mayor, before it escalates.

Being neutral also means sharing information with all members of council. When decisions are being made by council, it is critical that all members have access to the same information. The job of the CAO / clerk is to ensure that all council members have all of the information they need to make the best decisions for the community. As noted previously, regular updates from the administration at committee or council meetings can be very beneficial as everyone hears the same information.

g. The Importance of Following Up

When complaints are received from the public, the CAO/clerk should ensure that timely, appropriate follow-up occurs. In some instances, the administration can look after the complaint. In other cases, such as issues pertaining to council policy decisions, the best way of dealing with the complaint may be to have both the CAO/clerk and the mayor (and possibly other members of council) meet with the individual to try and explain the situation and hopefully resolve the matter.



3.27 Conflict Resolution

a. Potential Sources of Conflict

In a perfect world, individual council members would all see eye to eye and there would be no conflict among elected and appointed officials. In reality, however, this is not always the case. As such, it is important for council members and senior staff to recognize that difficulties in terms of these relationships may arise, and what the potential sources of conflict may be. If the source of a conflict (or potential conflict) can be recognized at an early stage, the situation can be dealt with in a proactive manner, rather than letting what may be a minor problem become a major confrontation.

Sources of conflict may include*:

• Poor communication• Differing election platforms and goals among council members• Misunderstanding of each other’s role• New members of council may have anti-administration bias; conversely, existing staff

may be carrying an anti-council bias• Lack of sensitivity to each other’s needs and expectations may differ• Style of council may differ from that of senior administration• Lack of trust/respect between council and administration• Inadequate documentation of policies, procedures and goals• Unclear understanding of operating structure within the organization and reporting

relationships• Perception by staff of being overworked; conversely perception by council of staff

being under worked• Inadequate compensation policies• Personality conflicts• Lack of sensitivity to gender and cultural diversity• Lack of managerial skills in the administration and lack of leadership on council

Source: Municipal Orientation 2004 “Roles, Responsibilities and Relationships of Elected and Appointed Municipal Officials”, Presented by Jack Novack., Professor, Henson College, Dalhousie University

b. Resolving a Conflict

What can be done to resolve a conflict when it arises? One approach is to deal with the matter immediately, particularly if the issue does not appear to be a major concern. A good discussion between the affected parties, preferably with a third party non-partisan facilitator, can assist in reaching the root of the conflict, which may in turn, lead to finding a suitable solution to the situation. When there is mutual understanding and communication lines are open between the affected parties, preferably with a third party non-partisan facilitator, can assist in reaching the root of the conflict, which may in turn, lead to finding a suitable solution to the situation. When there is mutual understanding and communication lines are open between the affected parties, misunderstandings, personal slights, and power struggles can be identified and consequently reduced in the workplace. The willingness of councillors and municipal staff to reason and cooperate with each other leads to the development of positive, goal-oriented working relationships.

The membership of the Association of Municipal Administrators of New Brunswick (AMANB) and the Union of Municipalities of New Brunswick (UMNB) have recognized that there are some municipalities having difficulties in council-staff, council-council or mayor-council relations. To this end, both associations have sanctioned the formation of a Conflict Resolution Committee. The volunteer-based Conflict Resolution Committee is a peer mediation group consisting of elected and appointed officials.



The involvement of this committee can be a “first step” to assist municipalities that are having difficulties in relationships between council and staff and/or among council members. This committee will assist the affected parties in identifying problems themselves so they may come to a mutually satisfactory understanding and agreement on how the issue(s) may be resolved. It is important to emphasize that the AMANB – UMNB Conflict Resolution Committee is not a professional mediation group. This type of intervention is viewed as an important, pro-active service that can be provided to municipalities without having to incur significant costs. In some cases, it may also minimize the potential for councils losing their quorum.

For further information on this process the following contact is provided:

Conflict Resolution Committee c/o Eva Turnbull, Registrar, AMANB (506) 453-4229 [email protected]

c. Relations Among Council Members

In most instances, new councils are a blend of seasoned and first time councillors. The formation of an effective council for a four year term is a challenge, particularly for the newly elected mayor and the CAO/Clerk. To help with transition, it may be beneficial for the mayor to meet individually with each new members of council, to gain an understanding of their goals and vision for the community.

While there may be opposing views among council members, a council should see itself as a team that is working for the betterment of their community. It is therefore important that council members respect differences of opinion when a matter is being debated, but once a vote is taken, council members must respect the decision that is made.

If a council does become divided, it may impact the relationship with the administration of the municipality. The CAO/clerk may find himself or herself continually caught in the middle of debates between the two sides. As much as possible, council members must focus their attention on their mandate, which is to serve the community that elected them and to make decisions that serve the public’s best interests. Continually voting with a particular side on council will hurt the local government organization and the community in the long run. Deep divisions on a council can become an obstacle to the local government carrying out its mandate and reaching its potential. Moreover, such divisions on council become apparent to the general public and the media will certainly pick up on infighting that may be occurring among the council members.

Council members must recognize that there will sometimes have to be a compromise to get things accomplished. During council debate, councillors should be coached not to interrupt while their colleagues have the floor. Common courtesy should be upheld among councillors, and they should be encouraged to “park” their remarks until it is their turn to speak on the matter. Rules of order and good conduct should be understood by a new council and should be stressed during the council orientation process. This is where the mayor must play a strong leadership role to ensure that everyone at the council table has a chance to be heard and that established council procedures are respected.


Council Meetings: Procedures and Practices

4.1 TYPES OF MEETINGS

According to the Municipalities Act, there are only two types of meetings in which all decisions of council shall be made:

- Regular meetings of council - Special or emergency meetings of council

(a) What Constitutes a Regular Meeting of Council?

Regular meetings of council are the normal weekly, bi-weekly or monthly meetings as specified in a municipality’s procedural by-law. It is during these meetings that all motions as well as proposed policies and by-laws of the municipality are considered, debated, and either adopted or defeated by resolutions of council. A quorum of council is required in order to hold a regular meeting of council. A “quorum” means a majority of the full number of members of a council.

A regular session provides council the opportunity for final decision after all aspects of a proposed matter have been through the process of research, debate and recommendation, either through the committee process, or in the case of smaller communities, at a council meeting itself. A regular meeting of council must be more than a rubber stamp process and should include discussion and debate that leads to a final decision of council by resolution. If a regularly scheduled session of council has to be cancelled or postponed, the notice of cancellation or postponement has to be publicly advertised. In the case of postponement, and date of the rescheduled meeting should be included in the advertisement.

(b) Special or Emergency Meetings of Council

In some instances, a special or emergency meeting of council may be called in order to address any urgent matter/s, particularly if the regularly scheduled council meeting is several weeks away.

A special meeting may be called, for example, if a tender needs to be awarded by a specific deadline or it is critical that a resolution be adopted before the regularly scheduled meeting of council. Although section ��(2) of the Municipalities Act states that “except by unanimous consent of all the members present, a council shall not at a special meeting consider any business except that specified in the notice of the meeting”, it is not a good practice to add other agenda items at a special meeting of council other than those posted in the notice.

An emergency meeting of council would be called in cases of disasters affecting the municipality such as flooding, ice storms, wild fires, hurricanes, major environmental problems, etc. wherein the council would have to proclaim by resolution a “state of emergency”.

The procedural by-law of the municipality shall state the manner in which a council may call special and emergency meetings of council.Municipalities Act - Regulation 2004-25 - 3(i)

Section 4




(c) Open and Closed Meetings of Council

The Municipalities Act requires that all regular, special and emergency council meetings shall be open to the public. However, such meetings may be closed to the public when issues falling under the following categories are discussed:

• Confidential information protected by the law• Personal information• Information that could cause financial loss or gain• Land transfers• Information that could violate the confidentiality of information obtained from other

governments• Legal opinions, privileged information or advice provided to the municipality by a

solicitor• Litigation or potential litigation affecting the municipality or any of its agencies• Access to or security of particular buildings, other structures or systems, including

computer or communication systems• Information gathered by police• Labour and employment matters

There should be no decisions made in a closed session of council except for decisions related to procedural matters, directions to an officer of the municipality or directions to a solicitor for the municipality. If a council chooses to make decisions in closed meetings to discuss matters other than those aforementioned, the risk is that the decisions may be overturned in a court of law, if so challenged.Municipalities Act: 10.2(2), 10.2(4); 10.2(5)

(d) Record of Closed Meetings

If a meeting is closed to the public, a record shall be made available for examination by the public and shall contain only the following:

• The type of matter that was discussed during the meeting (defined in Section 10.2(4) of the Municipalities Act)• The date of the meeting

(note: Minutes of closed meetings can be taken but shall not be made available to the public)Municipalities Act: 88(2)

(e) Decisions of Council

Legislation states that all decisions of a council must be made in a regular or special meeting of council. Discussions dealing with confidential matters as stated in �0.2(4) of the Municipalities Act are held in a closed meeting but the final decision must be passed by resolution in an open session, except for those decisions relating to procedural matters or directions given to an officer or solicitor of a municipality.

For instance, if a closed meeting is dealing with ongoing negotiations between a management team and a union executive on a proposed union wage increase, the review, discussion and debate around this matter would be held at a closed meeting of council and only a record as stated in (d) above is made of the closed meeting. Once the discussion has resulted in a proposed recommendation for council consideration, the recommendation should be brought to an open session for final decision.Municipalities Act: 10.2(4); 10.2(6)



e. i) Example of a Record of Closed Meeting

Date: 1 January 2007

Name of Session: Public Safety Committee

Agenda Item: 3 a)

Reason for Excluding Public:

Section 10.2(4)(i) of the Municipalities Act: Information gathered by police,including the Royal Canadian Mounted Police, in the course of investigatingany illegal activity or suspected illegal activity, or the source of suchinformation – one item

Section 10.2(4)(b) of the Municipalities Act: personal information – 3 items

4. 2 General Provisions for Council Meetings

a. Who’s in Charge of What?

The mayor shall preside at all meetings of council, except as otherwise provided for in a procedural by-law. The clerk must attend all meetings of council to record the attendance of council members, all resolutions, decisions and proceedings of council and, if required, the name and vote of every member voting on a question. The minutes shall be recorded by the clerk without any personal note or comment. It is a good practice not to have verbatim (word for word) minutes produced. A summary of the meeting with clearly defined direction and expected outcomes is all that is necessary. Municipalities Act: 36(1)(a); 76(a)(1)(i)(ii)

b. Structure – Importance of the Procedural By-law

The procedural by-law must include, at a minimum, the following information:

• Time, day, location and notice of regular meetings• Rules respecting conduct at council meetings• Public participation (oral and written)• Manner of selection of deputy mayor and duration of the term• Structure of the agenda (Order of the Day) for the regular meetings• Calling of Special and Emergency meetings• Governance of matters not provided (requirement to make reference to a procedural

text to govern matters not addressed within the by-law, e.g. Bourinots Rules of Order, le Code Morin, Robert’s Rules of Order)

Municipalities Act : Regulation 2004-25: 3

Following are other examples (but not limited to) which may be included in a municipality’s procedural by-law :

- the manner in which a mayor shall vote (e.g. only in the case of a tie)- specific rules regarding the parliamentary procedures to be followed when holding

council and/or committee meetings- order of the day (agenda)- appointment and organization of committees



- delegations and petitions- staff reporting procedures/organizational setup- administrative guidelines (e.g. handling of correspondence)

c. Time, Date and Location of Regular Meeting

Council must meet at least four (4) times per year as an absolute minimum. The municipality’s procedural by-law must state where and when regular meetings are to be held and at what time they are scheduled to commence. It must also provide the means by which the public will be notified of a meeting of council. (e.g., ad in local newspaper, posted electronically on a website, announced on a local radio station)Municipalities Act: 10(2)

d. Council Agenda (Order of the Day)

The agenda is an outline of the subjects to be considered by council at a given meeting. In a number of municipalities, an addition to an agenda at a regular session of council is only approved by unanimous vote of the council. The process for adding agenda items should be detailed in a municipality’s procedural by-law.

In some procedural by-laws, councils have required a 48 hour cutoff period for allowing new items to be placed on an agenda by council members. The addition of items to a council agenda at the last minute, unless considered an emergency, is not a particularly good practice. Council members could be at a disadvantage if new items are permitted to be added, as staff would not have had the time to do the necessary background information gathering a council would require in order to make an informed decision on the matter.

In the case of a special meeting of council, the legislation specifies that agenda items not included in the notice for the special meeting may be added by the unanimous consent of the council members who are present at the meeting. Municipalities Act: 11(2)

e. Request for a Presentation before Council

It is a good practice to have those who wish to appear before council for a presentation at a regular session, do so in writing, stating the reason for their request. It is also helpful to have delegates forward any pertinent information on the subject matter for council distribution prior to their presentation. Again this protocol should be outlined in the procedural by-law.

f. Rules Respecting Conduct at Meetings

“Parliamentary procedure” is the name given to the tradition of rules and customs that have evolved over the centuries from past practices of parliament. A municipality’s procedural by-law must make reference to a generally accepted rules of order manual (e.g., Bourinots; Le Code Morin; Roberts Rules of Order) for detailed parliamentary procedures and/or clarification on any specific procedural matter (e.g. tabling of motions, reconsideration of motions, points of order) which may arise during a council meeting.

The mayor or designated chair must ensure the efficient conduct of the business before the council. He or she must remain objective and impartial, acting strictly as an umpire of the proceedings. The mayor regulates the conduct of the meeting and ensures that differing opinions are heard.

The rules respecting conduct at meetings may be as detailed as council wishes and should be stated in a municipality’s procedural by-law. It is good practice to keep



council procedures, conduct and parliamentary rules simple and straightforward. Those procedural situations not addressed in the procedural by-law may then be settled by reference to the rules of order adopted by the council.

A well defined parliamentary process assists the mayor, as chair, and the clerk, as advisor, to seek clarification on any procedural questions which may arise, and shall lead to a more effective council meeting.

g. Public Participation

All regular and special meetings shall be open to the public, with the exception of those matters outlined in �0.2(4) of the Municipalities Act. With the exception of legislatively mandated public hearings, (e.g. those specified in the Community Planning Act), public participation during a council meeting is not a right and is available only to the extent allowed by a council in its procedural by-law. The process for an individual or group to be placed on the agenda of a council meeting must be stated in a procedural by-law.Municipalities Act: 10.2(1); 10.2(4)

h. Conflict of Interest Disclosure

Upon assuming office and on an ongoing basis, each member of council should file with the clerk in the form prescribed by regulation, a statement disclosing any conflict of interest to which he or she has knowledge or should reasonably have knowledge. (Conflict of Interest Disclosure Form is found within Regulation 8�-��0 under the Municipalities Act). The form must be completed at the beginning of each council member’s term of office and reviewed/updated on a periodic basis.

Conflict of Interest will be discussed in more detail in Section 7 of the manual.

4.3 Quorum of Council

a. What constitutes a Quorum?

A council cannot make decisions at a regular or special session of council unless there is a quorum. A quorum means a majority of the full number of members of a council as determined by reference in the municipality’s by-law dealing with composition of council. (e.g. seven council members including the mayor, the quorum would be four)

In the case of conflict of interest, if a number of council members are required to withdraw from a meeting such that the remaining members are not of sufficient number to constitute a quorum, the remaining members shall be considered a quorum, if the remaining members are not fewer than three.

In cases where all the members of council have a conflict of interest (e.g. all members are employed with a local company that does business with the municipality on an ongoing basis), and upon application to the minister requesting that a decision be made concerning the subject matter, the council, upon approval and subject to ministerial conditions and directions, may consider, discuss and vote on the matter as if a conflict did not exist.

When a quorum can no longer be constituted, the Minister of Local Government shall declare the vacancies and within ten days of such declaration the clerk shall forward a certified copy to the Municipal Electoral Officer who shall hold a byelection to fill the vacancies.Municipalities Act: 35; (1) 90.7(1); 90.7(2); 90.7(3)



b. What is meant by “whole council”?

When the Municipalities Act makes reference to the whole council, this means those members of council, including the mayor, who are not disqualified from voting. If the municipality’s procedural by-law stipulates that the mayor shall not vote, then the “majority of the whole” would not include the mayor’s vote. These provisions would also apply to the enactment of a by-law under the Community Planning Act.

An example of this situation would be if a council of a municipality decided to pass a by-law to divide their municipality into wards. Legislation states that this type of by-law shall only be passed on the affirmative vote of a majority of the whole council. If the municipality has seven councillors and a mayor and their procedural by-law dictates that the mayor shall only vote in the case of a tie, the mayor would not be counted as one of the whole council. Therefore, a majority of the whole would be a majority of seven – four votes would need to be in the affirmative.Municipalities Act: 10.1(1); 12(4.1)Community Planning Act: 65(1)

4.4 Voting – The Decision-Making Process

a. Declaration of Votes

Unless disqualified to vote (conflict of interest or otherwise stipulated in a Procedural By-Law), each member of council present shall declare his or her vote openly and individually.Municipalities Act: 10.1(1)

A mayor must vote on matters before council unless stipulated in a municipality’s procedural by-law that he or she votes only in the case of a tie. Motions generally come from the floor of council but if a mayor feels extremely passionate about an issue, he or she may step down from the mayor’s chair in favor of the Deputy Mayor or designated chair to propose a motion and/or enter into the debate. The mayor should not resume chairing the council meeting until the motion on the floor has been resolved.

According to parliamentary procedure, the mayor does not usually participate in debate as his or her role should be one of objectivity and impartiality. As “umpire” of the council meeting he or she must ensure that all opinions of council members receive equal expression. In the absence of the mayor and deputy mayor, the remaining members of council would appoint a presiding officer to chair the council meeting.

The clerk shall record the vote of council in the minutes and no vote shall be taken by ballot or by any other method of secret voting.Municipalities Act: 10.1(1)

b. Requirement to Vote

Abstentions from voting are not contemplated in the Municipalities Act. A clerk cannot count abstentions as either a vote for or a vote against. It should be understood that a member of council is elected to council to represent the interests of the voting public and abstaining from a vote does not fulfill that duty.Municipalities Act: 10.1(1)



4.5 Public Access to Information

Public access to local government information is clearly defined in the Municipalities Act. The general rule to follow is that every document approved or adopted in a public meeting of council should be open for inspection or examination by the public, (e.g. by-laws, contracts for services, policy statements, agreements for rezoning or subdivisions). Documents/information should only be excluded from the public if they fall within the criteria for closed meetings.

According to legislation, the following shall be made available for inspection or examination by members of the public in the office of the clerk during regular office hours,

• Adopted minutes of regular and special council meetings• Audited financial statements• Budget adopted by a municipality• Any other financial record or document prescribed by the Lieutenant- Governor in

Council (no regulation has yet been developed• Certified copies of all by-laws of the municipality

However, a municipality may choose to have additional documents available as well, which could be identified by policy or in their procedural by-law.Municipalities Act: 88(1)

4.6 Council Meeting Procedures

a. How Does a Council Meeting Run?

A new council has been elected. The first meeting is scheduled to begin. What happens next? Agendas and procedures vary from one council to another and would be defined specifically in a municipality’s procedural by-law but there are some common agenda items, as illustrated in the following sample agenda:

AGENDARegular Session of Council

City of ElmsdaleDecember 31, 20__

�. Call to order 2. Prayer �. Approval of Agenda 4. Approval of Minutes of Previous Council Meeting �. Conflict of Interest Declarations �. Petitions/ Presentations/Delegations �. Correspondence 8. Committee Reports 9. Reading of By-laws �0. New Business (Motions and Resolutions) ��. Date of next meeting �2. Adjournment



b. Call to Order

The mayor or appointed presiding officer would call the meeting of council to order. A gavel may be used to draw the attention of the members present, and the mayor or appointed presiding officer would state that the meeting shall come to order. All those present in the council chambers, except the presiding officer, should cease conversation at this time.

c. Prayer

There are municipalities throughout New Brunswick that traditionally commence regular meetings of council with the reciting of a prayer. This practice is entirely optional and is left up to a council as to whether or not it shall partake in any religious activity. A Council should be mindful that a local government body is to be viewed as nondenominational and apolitical, as it represents the culture, interests and political landscape of an entire community.

d. Approval of Agenda

The agenda of the regular council meeting, along with the entire council package, should be circulated, ideally three or four days before the council meeting, in order to have council members review and become familiar with the agenda and its contents before the meeting occurs. At the beginning of the meeting, the mayor will call for the approval of the agenda. At this point, council would have the opportunity to consider the addition or removal of agenda items or approve the agenda as circulated.

e. Approval of Minutes of Previous Council Meeting

The minutes of the previous council meeting can only be approved or approved as amended (if corrections to the minutes are noted), at a subsequent regular session of council. The “Approval of Minutes of Previous Meeting” should be included on the agenda of the meeting and a copy of the minutes should be made available for council’s review. After adoption, the minutes must be signed by both the mayor and the clerk, sealed with the corporate seal and filed in an appropriate binder or book in the office of the clerk. The adopted minutes must be made available for inspection or examination by members of the public during regular office hours.Municipalities Act: 5.2(a)(b); 88(1)(a)

f. Conflict of Interest Declarations

At the commencement of every meeting, senior appointed officers and members of council should examine the agenda to ensure they do not take part in discussions or vote on matters in which they may be in a conflict of interest. Section 90.2 of the Municipalities Act details what constitutes a conflict of interest. It is left up to an individual member of council to decide whether he or she has a conflict of interest. If he or she is unsure, it is advisable they remove themselves physically from the meeting room as a precautionary measure. Council members may also wish to consult with their own personal lawyer to obtain an opinion.

g. Petitions/Presentations/Delegations

It is recommended a time be set aside on a regular session agenda to receive or hear petitions, for presentations to be made and for delegations to be heard by council. As stated previously, the right to be placed on the agenda of a regular or special meeting of council is available only to the extent allowed in a municipality’s procedural by-law.



If there is a request to appear before council, it is incumbent on the clerk to ensure that any pertinent information relating to the request is included in the council package and distributed before the presentation is made or petition is presented. If a large delegation is expected, it is best to ensure there is sufficient seating capacity available in the council chambers and to inquire if any technical equipment is needed for the presentation.

h. Correspondence

All formal correspondence addressed to mayor and council which is received prior to a council meeting can be formally acknowledged on the council agenda under the generic title “correspondence”.

If a letter is marked “personal and confidential” and addressed to a specific member of council, it is best to have that individual open the communiqué. Depending on the size of the municipality, there could be a fair volume of correspondence that is addressed to Mayor and Council and received by the municipality on a daily/weekly basis.

How correspondence is prioritized and distributed to council could vary from municipality to municipality. The mishandling of correspondence can end up as an administrative nightmare, whether an important letter gets misplaced or council is not informed of a matter addressed to them by post.

It is a good practice to have administrative guidelines to specify who shall open correspondence which is addressed specifically to mayor and council. In some instances, it is best to have one designated person, (e.g. the clerk), review all incoming correspondence for further action. It is incumbent on the clerk or designate to date stamp all incoming mail and to review, categorize and ascertain timelines and the level of priority for each piece of correspondence. Once priority is established, letters could be copied and placed in two file folders “Correspondence for Action” and “Correspondence for Information”. This file could be made available to council for their review on a daily basis. It would be beneficial to have individual members of council initial each piece of correspondence once they have completed review of the file.

It is also a good practice to keep original copies on file and forward a copy to whichever committee’s review and consideration would be appropriate (e.g. request for road repair to Public Works Committee).

i. Committee Reports

Placing staff or committee reports on a regular council agenda allows council the opportunity to review and make comment on matters that occurred at a standing committee meeting (Public Works, Fire, Police, Recreation or Planning Advisory Committee, etc.), as well as providing a forum to bring forward committee recommendations for council consideration.

In some instances, the chair of the committee could be called upon to deliver the respective committee report and be required to answer any questions council may have concerning the contents of the report. A copy of all committee reports should be included in the council package for review before the regular meeting.



j. Reading of By-laws

i) Validity of By-law

No by-law of a municipality is valid unless it follows a legislated process defined in Section �2 of the Municipalities Act. A regular or special meeting of council is the only forum in which by-laws of the municipality can be introduced and read. A proposed by-law must be read two times by title and once in its entirety prior to its third reading by title and enactment.

(e.g. Moved by Councillor Black, seconded by Councillor White:Resolved: “By-law 103, “A By-Law to Regulate the Use of Firearms inthe Municipality of Downey” is read for the First Time by Title Only”)

ii) Changes to By-law Before Third Reading

If a proposed by-law is read for the first time by title only and the second time in its entirety and then changes are made prior to the third reading, the process does not have to start over, as long as the proposed change does not alter the intent or substance of the original by-law. It is incumbent on council, however, to advise the public of any minor changes to a by-law prior to the third reading and enactment. This can be done before by advising and reading the minor change before reading by title only or reading the by-law in its entirety.

If a motion is made by council to amend a by-law that would make a significant difference to the intent of the original by-law, the motion must be defeated and the process for reading the amended by-law must be repeated.

iii). Reading By-law by Section Numbers

If no member of council objects, a by-law may be read by section numbers (orsection title if not numbered) only if:

a. notice has been published twice a week for two weeks in a local newspaper describing the proposed by-law by title and the general subject matter, or

b. broadcast on a radio or television station that broadcasts in the municipality or posted on an Internet site maintained by the municipality for the period of time that the notice is required to be published.

c. the notice states that the by-law may be examined in the office of the clerk during regular office hours; and

d. at least �4 (fourteen) days have elapsed between the day on which the notice was first published and the day on which the by-law is read for the third time by title

Municipalities Act: 11.1(1); 12(1)

k. New Business (Resolutions)

There would be a point on a regular meeting agenda where any proposed resolutions would be brought forward for council consideration. The proposed resolution which is being considered can either be tabled, passed or defeated by council. In some instances, where a matter was reviewed and recommended by a standing committee of council, the relative resolution could have already been drafted by the clerk for reading at the council meeting.



l. Date of Next Meeting

The date of the next regularly scheduled meeting is noted on the agenda in order to advise the public and the local media. (Note: The timing of regular meetings is also to be identified in the procedural by-law)

m. Adjournment

When a regular session of council has concluded its business identified in the agenda, the mayor may call for the adjournment of the meeting. If a municipality’s procedural by-law states that a regular session of council will not proceed after a certain timeframe, and the meeting still has business that has not been completed, a majority may vote to adjourn. It is sometimes best to table an agenda item until the next meeting, rather than making a quick decision without thorough consideration (particularly if the matter can wait until the next council meeting). According to parliamentary procedure, an adjournment requires a mover and a seconder.

4.7 Motions of Council

(a) How a Motion is Brought Before Council

If a councillor wishes to bring forward a motion during a council meeting, the general guidelines is that he or she would simply address the chair and state “I move that…” It is very important to state precisely the wording of the motion. Council members and notably the clerk, who is the recorder of the minutes, should fully understand the meaning and intent of the motion, before it is debated, recorded and subsequently decided upon. If the motion is unclear, it is up to the chair to ensure all members understand the intent of the motion. The main motion must be seconded in order to be considered by council. Once a motion has been moved and seconded, the chair states “It is moved and seconded” and repeats the exact motion.

(b) How Council Considers and Debates a Motion

Once the motion has been restated by the chair the question is called. The chair must state the question on a motion after it has been moved and seconded for two reasons: �) for all to hear exactly what the motion states and that it is ready to be considered and 2) if the motion is unclear , to help the mover find the right wording before debate and action. The member of council who introduced the motion would normally speak to explain why he or she thinks the motion is a good idea, and others wishing to express their views would also speak to the motion. During the debate council members should address the chair and not individual members of council. In most rules of order, council members are limited to speak twice on a debatable motion and the debate is limited to ten minutes each time, unless otherwise specifically addressed in a procedural bylaw.

During debate, there are also other motions that could be entertained, called secondary motions. Most common is a motion to amend the pending motion. The mayor would read the original motion first, and then the proposed motion. The following scenario illustrates the process of tabling and passing of motions as well as amending motions:

1. Presenting the Motion, No Debate

Councillor Brown: I move that the Ashbury Municipal Tennis Court hours of operation be extended for one hour later in the evening.

Councillor Green: I second the motion



Mayor Black: It is moved and seconded that the Ashbury Municipal Tennis Court hours of operation be extended for one hour later in the evening. Question on the motion?

Response: None

Mayor Black: All those in favour of the motion signify by saying “aye”.

Response: Ayes

Mayor Black: All those who oppose the motion signify by saying “no”

Response: None

Mayor Black: The motion is adopted.

2. Presenting a Motion with Debate

Councillor Brown: I move that the Ashbury Municipal Tennis Court hours of operation be extended for one hour later in the evening.

Councillor Green: I second the motion

Mayor Black: It is moved and seconded that the Ashbury Municipal Tennis Court hours of Operation be extended for one hour later in the evening.Question on the motion?

Response: (Debate)

Councillor Blue: I agree with my fellow councillor as our youth could certainly benefit with extra activity time.

Councillor Mauve: I agree with the concept but am concerned that by extending the hours of operation, it might incur additional costs for streetlighting.

Councillor Green: I concur with Councillor Mauve and suggest that a feasibility study be undertaken by the Recreation Director on the requirement for outdoor lighting.

3. Amending a Motion

Councillor Mauve: I move to amend the original motion by adding the following: “pending further study by the Recreation Director on the requirement for outdoor lighting”.

Councillor Green: I second the motion.

Mayor Black: It is moved and seconded to insert the words “pending further study by the Recreation Director on the requirement for outdoor lighting” following the words “that the Ashbury Municipal Tennis Court hours of Operation be extended for one hour later in the evening”. If the amendment is adopted the main motion will read “That the Ashbury Municipal Tennis Court hours of operation be extended for one hour later in the evening pending further study by the Recreation Director on the requirement for outdoor lighting”.



Are you ready for the question? The question is on amending the main motion by inserting the words” pending further study by the Recreation Director on the requirement for outdoor lighting “ before “that the Ashbury Municipal Tennis Court hours of operation be extended for one hour later.” Those is favour of inserting the words “pending further study by the Recreation Director on the requirement for outdoor lighting”, say aye.

Some members response: aye

Mayor Black: Those opposed say no.

Other members response: one no

Mayor Black: The ayes have it, and the amendment is adopted. The question is now on the main motion as amended, which is “That the Ashbury Municipal Tennis Court hours of operation be extended for one hour later in the evening pending further study by the Recreation Director on the requirement for outdoor lighting”.

Mayor Black: Is there any further debate?

Response: None

Mayor Black: Those is in favour of the main motion as amended, signify by saying aye

All respond: Aye

Mayor Black: Those opposed say no

Response: None

Mayor Black: The motion as amended is adopted.

There could be more than one amendment to an original motion. It is important to note that although several amendments to an original motion can be considered, the intent of the original motion must not be altered. If the intent is altered, the original motion must be withdrawn and a new motion placed on the table.

The motion, once carried, would be recorded as a resolution of council in that it declares the decision of the council. An example of how it could be recorded in the minute book:

Moved by Councillor BrownSeconded by Councillor Mauve:

THAT the Ashbury Municipal Tennis Court hours of operation be extended for one hour later in the evening pending further study by the Recreation Director on the requirement for outdoor lighting. MOTION CARRIED

The chair of the council meeting would subsequently move on to the next order of business by asking “Is there further other new business?” until all business has been concluded. If there is no further business, the chair calls for a motion to adjourn the meeting.



Mayor Black: Motion for adjournment of the meeting is called.Councillor Brown: I move that the meeting of council be adjourned.Councillor Green: I second the motionMayor Brown: Meeting is now adjourned.

4.8 Council Minutes and Correspondence

4.81 Council Minutes

a. Methods of Recording

There are several methods of recording minutes of council. Minutes are usually either taken by hand or recorded electronically (e.g. tape, CD, video), placed in a minute book or binder and then stored in a fireproof safe.

b. What should council minutes include?

As the official record of the proceedings of a council meeting, minutes recorded by the clerk should be accurate and concise and include the following:

• the name of the municipal corporation • the time, date and place of meeting • the names of the council members present or absent • the adoption (with corrections noted, if any) of the previous meetings minutes • conflict of interest disclosures • any correspondence that is either included and read on the agenda or noted

during the council meeting, • the name of the council member who moved and seconded any motion* • a statement of every motion and whether the motion was adopted or defeated • the date of the next meeting • the time of adjournment • the signature of the mayor, or designated chairperson and the clerk or his or her

designate who was present at the council meeting

Should a member of council request that his or her name or vote be recorded when voting on a question, the clerk shall record the vote in the minutes, otherwise the individual council member vote is not recorded.

The clerk shall record the minutes of the proceedings of the council meeting without any note or comment.Municipalities Act: 76(1)(a)(ii)

c. Viewing of council minutes

The adopted minutes of council meetings shall be available for inspection or examination by members of the public in the office of the clerk during regular office hours. As minutes are not usually ratified and adopted until the next council meeting, the public might have to wait a few weeks to a month to view the adopted minutes.

If a member of the public wishes to have a copy of the adopted minutes, the administration of the request is at the discretion of the clerk. It is beneficial if the municipaility establishes a policy on how minutes and other permissable local government documents (e.g. by-laws, audited financial statements, adopted budgets) are to be distributed and what, if any, associated administrative fees are to be charged.



In most instances, adopted minutes are read and reviewed by the requesting individual on site. Many communities post the adopted minutes of their municipal council meeting on a website. The minutes of a closed meeting of council shall not be open for inspection or examination by members of the public. Municipalities Act: 88(2)

d. Signatory Requirements

The minutes of a council meeting, after adoption, are to be signed by the mayor and clerk of the municipality, or their designate who attended the meeting on their behalf, and sealed with the corporate seal of the municipal corporation. Municipalities Act: 76(1)(d.2); 5(2) (a)(b)


Public EngagementIntroductIon

This section will provide some general guidelines and suggested best practices or recommendations for engaging the public in local government processes and activities.

Specifically, this section will address public participation, recruitment of volunteer committee members and strategies to keep the public informed.

5.1 Public Participation

Public participation can vary from the sharing of information (e.g. newsletters, municipal websites, information inserts in water/sewer bills,) to the actual commitment of citizens to serve on or assist with council-sanctioned ad hoc committees, citizen advisory groups, projects, boards or commissions. All levels of public participation should be encouraged by a council as it helps to build community commitment and trust. It also provides the public with the opportunity to participate in and to influence the development of policies and programs as well as any significant projects within their community.

It is, however, sometimes easier said than done to engage the general public to participate in local government activities unless it is a matter that affects them personally. In some cases citizens might be hesitant to participate in an advisory capacity and/or reluctant to accept the burden and responsibility of taking part in a council decision-making process. A well documented description of the terms of reference and mandate of a committee as well as a description of the duties and term of office for a committee volunteer would serve to create a better understanding for the ordinary citizen seeking to participate in an advisory capacity on a council committee.

The recruitment of volunteers is an ongoing challenge in communities. Some strategies that might be useful to recruit volunteers include open houses where exhibits could be set up may be staged where potential volunteers are given an overview of the respective committees, their purpose and mandates, terms of office, time commitments, etc. Recruitment of committee members could also take place at annual public meetings, where there is opportunity to peak the interest of those community-minded citizens in attendance.

There are various methods of advising the public of openings or vacant positions for volunteers on committees, boards, projects, etc. Advertising on local radio stations and in local newspapers, as well as posting a bulletin on a community’s website are all effective ways to disseminate information to the public.

In some municipalities, interested citizens are encouraged to submit a letter to their council stating their interest to serve on an ad hoc committee, board, commission, etc. These names can be forwarded to council for immediate consideration, or kept on a volunteer resource list for future reference. Potential names for consideration could also be brought forward by the mayor, council members and/or the sitting volunteer committee members. It is a good practice to �) have nomination of members to the various ad hoc committees, groups , etc., sanctioned by council by resolution with a specific appointed term to serve and 2) to document all members of the various organizations in a committee record book with appointed terms to avoid confusion on vacancies, appointments and reappointments.

Section 5 –

Public Engagement


Public Engagement

5.2 Keeping the Public Informed

The concept of a public or “town hall meeting” or “open house” held on a regular basis (e.g. twice a year) might assist a council in better informing and updating citizens on various community issues, while providing an opportunity to receive public feedback. This in turn provides improved governance and makes local government more responsive and accountable to the community. While “town hall meetings’ may be seen by some to be risky, the potential benefits can be mutually satisfying. Town hall meetings can provide the opportunity for a council to build community trust and allows the public the opportunity to better understand the business of local government and the opportunity to offer any input on community matters. This forum can also provide council with feedback on whether by-laws, policies, vision, and short/long term goals are on track with the citizens of the community.

5.3 Plebiscite

The notion of using a plebiscite to provide a council with community feedback on any proposed matter within its municipal powers could also be considered. In the local government context, a plebiscite would be a vote by which citizens of an entire community may express an opinion for or against a matter put forth by council. To reiterate, plebiscites can only be entertained if the matter falls within a municipality’s powers.

A plebiscite can be held on the same day as a quadrennial election or on any day within the period beginning six months after any quadrennial election and ending six months prior to the next following quadrennial election.

The clerk of the municipality shall provide the Municipal Electoral Officer with a certified copy of the council resolution authorizing the plebiscite who shall determine whether or not the question that is the subject of the plebiscite is a matter within the powers of the municipality and is not vague, confusing or unclear. If the plebiscite is going to be held during a quadrennial election, the clerk must provide the Municipal Electoral Officer with a certified copy of the council resolution forty-five days prior to the close of nominations.

If the Municipal Electoral Officer determines that the subject of the question is within the power of the municipality, he shall inform the municipality of his decision and advise that the question may be placed on a ballot paper. The voter’s list to be used shall be the latest voter’s list prepared for the municipality, and the plebiscite process follows the usual municipal election process under the Municipal Elections Act. If the plebiscite is held during the quadrennial elections (or with a by-election for the municipality), Elections New Brunswick covers the costs; if a municipality wants to run its own plebiscite, under section 68(2)(b) of the Municipalities Act, it must cover the costs.

Prior to the holding of a plebiscite, the council of a municipality shall do the following:

a. prepare a document setting out (i) the question that is the subject of the plebiscite (ii) the projected cost, if any, of implementation of the plebiscite proposal, and (iii) any other background information considered relevant by the council.b. publish a notice in a local newspaper that sets out (i) the question that is the subject of the plebiscite, and (ii) the place in the municipality where the document may be viewed.


Public Engagement

5.4 Handling citizen delegations

In local government a citizen has the right to be heard by members of council at either a committee meeting or a regular session of council. Citizen delegations can be a valuable means of ensuring that council remains accountable to the voting public. When citizens are engaged in a community issue it can significantly influence policy and decision-making of council. Citizen groups can be helpful in providing alternatives and potential solutions to matters of concern within the community.

The procedural by-law must include rules or guidelines which outline the process as to the manner in which a citizen or citizen delegation can appear before a council committee or regular session. If a large number of citizens are expected, it is also a good practice for the clerk to find out who would be speaking on behalf of the presenting group and how many would be expected to attend from the group. It is a good practice to inquire if any technical equipment, (e.g. flip charts, laptop, projector, podium) would be required. The mayor should know beforehand the name of the spokesperson so that proper introductions can be made to council and staff. A stated timeline should be given to the group for its presentation and ample time should be allotted at the end of the presentation for a question period, to assist in the clarification of the issue or request being presented. The citizen’s input and participation is very important in assisting council with determining direction of development and long term vision for the community. Citizen involvement can lead to mutually acceptable solutions and promotes a sense of ownership within a community.

5.5 dealing with difficult People

Council and staff have to be cognizant that disgruntled citizens will be a part of daily life in a local government setting. Local government is the only level of government where a person can actually walk off the street and meet with the CAO and/or an elected official to discuss an issue. In most cases, matters can be dealt with in a professional and timely manner. However, there are always a few cases where a satisfactory outcome cannot be reached. Although no staff person or member of council is expected to tolerate unacceptable behaviour from an individual, it is incumbent that both the appointed and/or elected official try to remain calm when dealing with a confrontational person. Document the concern and assure the complainant that the matter will be examined. It is sometimes better to hold off on providing an immediate response so that all relevant information can be obtained.

5.6 dealing with the Media

The chief spokesperson for a municipality, in most cases, is the mayor. In fact, the legislation provides that the mayor shall speak on issues of concern to the municipality on behalf of council. If members of council and administration adhere strictly to the protocal that the mayor is the chief spokesperson for the municipality, then the local media will know who to contact for information, unless otherwise stipulated by the mayor and/or council. It is recommended that media relations training be provided to newly elected council and senior staff.

A newly elected council has to be cognizant of the relationship between itself and the local media. Providing detailed, precise information to the media will help to ensure that the reporting of a council meeting accurately reflects the reasoning behind any decision-making or direction that council has given. All councillors have the right to express their opinions during the debating process but ultimately final decisions are made by council as a whole and have to be respected as such. Individual councillors should not be contacting the local media on any matter related to council, unless so directed by the spokesperson and agreed to by the rest of council.


Records Managem

entIntRoductIon

Records and information are of fundamental importance to the efficient conduct of public business. They document decisions, transactions and administrative procedures, serve

as the “official memory” of the municipality, and form the basis for future decisions. Records must be readily accessible, authentic, protected and disposed of appropriately.

6.1 What is Records Management?

Records Management is defined as the systematic control of records from creation or receipt, through their processing, distribution, organization, storage and retrieval to their ultimate disposition.

6.2 Why Implement a Records Management Program?

A Records Management Program can improve the efficiency and effectiveness of the operation of a local government by:

• providing better use of resources (space, time, people, money) a valuable time and energy can be wasted trying to find a document when there is not an adequate filing system in place

• meeting operational requirements (e.g. number of years minutes, financial records are kept)

• meeting administrative requirements (day to day activities) • meeting legal requirements (for compliance with laws and for protection and support

during litigation) • meeting fiscal requirements (records required for audit) • preserving valuable information

A Records Management Program will provide the right information to the right person at the right time and at the lowest cost.

6.3 Provincial Archives of new Brunswick

Established in �967, the Provincial Archives of New Brunswick collects and preserves the documents of the people, institutions and government of the province. They are located at 23 Dineen Street in Fredericton, on the campus of the University of New Brunswick. Once any local government records are transferred to the Archives, the care, custody and control passes to the Archives, however, records are still accessible and copies can be obtained. The Archives Act designates the Provincial Archives responsible for the preservation of government records including the local government records.

Section 6 –

Records Management


Records Managem

ent6.4 the Municipal Records Authority (MRA)

The MRA is the official guide for the management of municipal records within the province of New Brunswick. Developed by the Provincial Archives with the assistance and cooperation of a committee of NB municipal clerks and administrator, the MRA is periodically updated. The MRA serves two purposes: provides a comprehensive file plan and retention/disposition schedule. It enables consistent handling and efficient use of municipal records and ensures that records of long-term value are identified and protected via transfer to the Provincial Archives.

6.5 What is a Record?

A record is recorded information, regardless of medium, created or received in the course of business, and maintained as evidence of such activity. As per the Archives Act a record is:

- correspondence, memoranda, completed forms and other papers and books; - maps, plans and charts; - photographs, prints and drawings; - motion picture films, video tapes and microfilms; - sound recordings, magnetic tapes, computer cards and other machine readable

records; - all other documentary materials regardless of physical form or characteristics.

The physical form of a record is irrelevant; it is the content that determines whether or not it is a record, not the medium on which it is stored.

6.6 When is electronic information a record?

An e-mail or electronic information is considered a record when it provides evidence of a business activity, decision, or transaction related to the function of the municipality.

Records management principles apply to information generated by or held on a computer.

6.7 Examples of Local Government Records:

- Personnel Files - Annual Reports, Studies and Surveys - Agendas and Minutes of Meetings - Invoices - By-laws - Municipal Plan - Performance Appraisals - Streets Maintenance - Inventories - Fire Investigations

6.8 What things are not Records?

(a) Published Items: library material acquired for reference or background information, subscription to newspaper or magazines and published material created by others.


Records Managem

ent(b) Transitory and Temporary information (immediate or short-term value with no

future value): convenience/duplicate copies; stocks of publications, stationery and unused forms; informal notes, worksheets, research notes and rough drafts. NOTE: drafts sent out for comments or containing information not included in later drafts is a record and should be kept.

(c) Unsolicited records such as material received from various suppliers or organizations; i.e. catalogues pamphlets, course and seminar announcements, etc.

(d) Examples of other documents that are not records: - duplicate copies of minutes - The Information Management Journal - social event announcements - notice of campaigns

6.9 Implementing a Records Management Program

The development, implementation and maintenance of a records management program should be a goal of every municipality. The records produced and used are a valuable resource and should be properly managed.

Following are seven components an organization must have in place in order to operate a basic records management program:

(a) Records Manager (b) Inventory of Records (c) File Classification Plan (d) Retention schedules (e) Filing centres (f ) Policies and procedures (g) Use of technology, including control over micrographics and imaging systems.

a. Records Manager

An individual appointed to assume responsibility for all records management functions within the local government organization regardless of the type of system which exists (centralized or decentralized), and formats of the records. This person will be responsible for planning, organizing, implementing, monitoring, and coordinating the maintenance, protection, retrieval and disposition of all information in the organization.

b. Inventory of Records

An inventory is commonly the first step in establishing a records management program. A records inventory is a detailed review of the organization information in all formats. It will provide the type of records (paper, electronic, video); the volume/quantity of records in all formats; where they are physically stored; how they are used by the employees; the life cycle period either active or semi-active or inactive; identified the records that are vital; and who has the official record and who has the copies.

c. File Classification Plan

A file classification plan allows for the organization of records systematically by subject and allows for early retrieval of information. The Municipal Records Authority (MTA) is the File Classification Plan that has been created for the management of municipal records.


Records Managem

entd. Retention Schedules and Disposition

A retention schedule is the authority that permits local governments, as well as government departments, to proceed with the destruction of public records or the transfer of public records to the Provincial Archives. It is a timetable that identifies the length of time records are kept in office and in storage and its final disposition. The retention schedules are found in the Municipal Records Authority (MRA) manual and come into effect when signed/approved by the Provincial Archivist.

The Records Life CycleAs retention schedules are applied over time

e. Filing Centre

Filing centres can be centralized or decentralized, in head office and in the region, depending on office locations. All filing centres should be under the control of the records manager either directly or indirectly.

f. Policies and Procedures

Written policies and procedure must be made available to all local government staff. Circulating this information assist in keeping staff informed and aware of their responsibilities and contributes to a more effective and efficient record keeping system. A suggested good practice is to have these policies included in the orientation package for new employees after an initial awareness campaign. Internal policies and procedures concerning the operations of filing centres should be made available to the records office staff.

g. Use of Technology, Including Control Over Micrographics and Imaging Systems:

A municipality should take advantage of the benefits offered by software created for the management of electronic documents and records. The acquiring of the hardware and software to facilitate the storage and retrieval of records, once authorized, should be under the control of the records manager. Guidance/assistance from the Information Technology Experts will be required by the Records Manager.


Records Managem

entApplying microfilming or imaging technology is useful where there are cost-saving or other benefits that may be realized by maintaining information in this media. Using either technology must also be under the control of the records manager. It should be noted that microfilm is recognized as an archival medium for preservation.

Contacts for further information:

• Manager of Government Records Section, Dale Cogswell, [email protected] �06-��3-2897• Records Analyst responsible for municipalities, Gisèle Bourque-Richard, [email protected] �06-��-�709• www.archives.gnb.ca


Local Government and Legal M

atters

IntroductIon

This section will provide an overview of the legal framework in which local governments operate. It will also focus on a variety of legal issues that the staffs and councils of

municipalities and rural communities will likely deal with as they go about conducting the business of local government. Such matters as conflict of interest, by-law development and enforcement and expropriation processes will be addressed. It should be noted that not every “legal” subject will be covered in this section, but rather those issues that are typically confronted by local governments.

7.1 conflict of Interest

One of the areas that receives significant attention on the legal front is conflict of interest. Local government officials, particularly council members, often question whether they or their colleagues are in a conflict of interest situation and what they should do about it. The legislation that is in place regarding conflict of interest is meant to ensure that council members, members of local boards and senior appointed officers carry out their public duties in a manner that protects the public interest and prevents personal financial gain resulting from decisions made by local governments.

This section will review, in some detail, the important aspects of the Municipalities Act that deal with conflict of interest and how to address situations as they arise.

7.2 Important definitions

There are a series of important definitions contained in the Municipalities Act that relate to the conflict of interest question. They are as follows:

Charitable organization: A registered Canadian charitable organization underthe Income Tax Act (Canada).

Clerk: Includes, in the case of a local board, the secretary of the local board.

Controlling interest: Means beneficial ownership of, or direct or indirect controlor direction over, voting shares of a public company carrying more than ten percent of the voting rights attached to all voting shares of the company for the timebeing issued.

Employ: Means an employment relationship characterized by the payment ofwages, salary or other regular remuneration and does not include a relationshipcompensated on a fee for services basis.

Family associate: Means a spouse, parent, child, brother or sister.

Local board:(a) a body whose entire membership is appointed under the authority of a council but does

not include an industrial commission or its board of directors,

Section 7 –

Local Government and Legal Matters



atters(b) a corporation constituted under section �5.� of the Clean Environment Act,(c) a regional solid waste commission established under section �5.3 of the Clean

Environment Act,(d) a district planning commission established under section 6 of the Community

Planning Act, and(e) any body prescribed by regulation.

Member: A member of a municipal council or a local board;

Private company: A company whose securities are not offered to the public.

Public company: A company whose securities are offered to the public.

Senior appointed officer: A person employed or appointed by a municipality ora local board who fulfills the responsibilities of any of the following:

(a) a chief administrative officer, or the person who has the primary responsibility to council for administration of the affairs of the municipality;

(b) a treasurer, or the person who has the primary responsibility to council for the financial affairs of the municipality;

(c) a clerk;(d) a municipal solicitor, or the person who has the primary responsibility to advise

council on legal matters;(e) a municipal engineer, or the person who has the primary responsibility to council

for the construction and maintenance of public works in a municipality;(f ) a municipal planner, or the person who has the primary responsibility to council or

a local board for zoning and other community planning matters;(g) a building inspector, or the person who has the primary responsibility to council

for the enforcement of by-laws or other laws with respect to building and construction within the municipality;

(h) a fire chief;(i) a chief of police;(j) a purchasing agent;

Senior officer: The chairman or any vice chairman of the board of directors of a company, the president, any vice president, the secretary, the treasurer or the general manager of a company, or any person who performs functions for a company similar to those normally performed by a person occupying any such office;

Service club: A non-profit organization one of the primary objectives of which is to provide community services on a voluntary basis.

Municipalities Act: 90.1

7.3 What constitutes “conflict of interest”?

The Municipalities Act specifies that a member (of council or of a local board) or a senior appointed officer of the local government has a conflict of interest if:

(a) he or she or a family associate (i) has or proposes to have any interest in any contract in which the council or local

board of which he is a member or by whom he is employed or was appointed has an interest; or

(ii) has an interest in any other matter in which such council or local board is concerned that would be of financial benefit to him or the family associate;

(b) he or she, his or her nominee or a family associate is a shareholder in, or is a director or a senior officer of, a private company that

(i) has or proposes to have an interest in any contract with such council or local



attersboard; or

(ii) has an interest in any other matter in which such council or local board is concerned that would be of financial benefit to the company;

(c) he or she, his or her nominee or a family associate has a controlling interest in or is a director or a senior officer of a public company that

(i) has or proposes to have an interest in any contract with such council or local board; or

(ii) has an interest in any other matter in which such council or local board is concerned that would be of financial benefit to the company; or

(d) he or she or a family associate would otherwise benefit financially by a decision of such council or local board in any contract, proposed contract or other matter in which the council or local board is concerned.

The Municipalities Act also specifies that “a member who belongs to or is employed by a trade union that has or is seeking to enter into a collective agreement with the municipality or any local board appointed by it on behalf of employees of the municipality or local board has a conflict of interest with respect to any matter relating to the administration or negotiation of the collective agreement.”

There may be some instances where an individual unknowingly has a conflict of interest and inappropriately takes part in a decision. The legislation does make allowances for this, but ultimately it would be up to the courts to decide whether the individual unknowingly took part in a decision in which they had a conflict of interest. As the legislation notes “A member or a senior appointed officer (of a local government or a local board) does not have a conflict of interest by reason of a family associate’s interest as described in paragraph (�)(a), (b), (c) or (d) [see above for description of conflict of interest] unless the member or senior appointed officer knew or ought reasonably to have known of the family associate’s interest.” It is important to emphasize that this provision does not apply to section 90.8, which deals with accepting gifts and using one’s position or privileged information for personal gain.

In general terms, what all of this means is that an individual, be they a member of a council or of a local board or a senior appointed officer (including solid waste commissions, water and / or wastewater commissions and planning commissions) is in a conflict of interest if they or a family associate stands to gain financially (which includes preventing a financial loss) from a decision to be made by the local government or the local board. The following situation illustrates a conflict of interest.

The council of the municipality of Green Grove is to consider and decide on a new contract for snow removal services (the municipality contracts out this service rather than providing the service itself ). One of the council members owns a general landscaping and snow removal company. This company will be bidding on the job. In this instance, there is clearly a conflict of interest as the member of council stands to gain financially should his or her firm be successful in obtaining the contract.

Municipalities Act: 90.2(1)



atters7.4 What is not considered a conflict of Interest?

The Municipalities Act provides some guidance as to what should not be considered as conflict of interest. The following situations are identified:

A member or a senior appointed officer does not have a conflict of interest and does not violate section 90.8 by reason only that he or a family associate is, asthe case may be,

(a) a qualified voter, an owner-occupier of residential property, or a user of any public utility service supplied to him by the municipality or local board in like manner and subject to like conditions as are applicable in the case of persons who are not members;

(b) entitled to receive on terms common to other persons any service or commodity or any subsidy, loan or other such benefit offered by the municipality or local board;

(c) a purchaser or owner of a debenture of the municipality or local board;(d) a person who has made a deposit with a municipality or local board, the whole or

part of which is or may be returnable to him in like manner as such a deposit is or may be returnable to other qualified voters;

(e) eligible for election or appointment to fill a vacancy, office or position in the council or local board when the council or local board is empowered or required by any general or special Act to fill such vacancy, office or position;

(f ) a person having an interest in land valued in use as farm land or farm woodlot under the Assessment Act or being registered under the Farm Land Identification Program under the Real Property Tax Act;

(g) a director or senior officer of a company incorporated for the purpose of carrying on business for and on behalf of a municipality or local board, or being a member of a board, commission, or other body as an appointee of the council or local board of which he is a member;

(h) in receipt of an allowance for attendance at meetings, or any other allowance, honorarium, remuneration, salary or benefit to which he may be entitled by reason of being a member of the council or local board, or as a member of a volunteer fire brigade;

(i) an honorary member of a trade union;(j) a person having any interest which is an interest in common with voters generally;

(e.g., property tax rate)(k) a person having an interest which is so remote or insignificant in its nature that it

cannot reasonably be regarded as likely to influence the member; or(l) a member or officer of a service club or charitable organization that is in receipt of

a benefit from the municipality or local board.


7.5 What Steps to take When there is a conflict of Interest

It is important to emphasize that having a conflict of interest is not, in of itself, an offence that will result in legal proceedings. However, what can be considered as an offence is when an individual does not take the necessary steps to avoid being involved in a decision he or she has conflict of interest (i.e., he or she may gain financially from the decision to be made). There are a number of steps members or senior appointed officers can take to ensure that they do not contravene the legislation. They are as follows:

(a) Completing the Disclosure of Interest Form



atters �. At the outset of their term of office, each member must file with the clerk of the

local government a statement disclosing any conflict of interest which he or she has knowledge of or should reasonably have knowledge of. The statement is to be provided in the form that is contained in Regulation 8�-�50 – Disclosure of Interest Form – Municipalities Act. (http://www.gnb.ca/006�/regs/pics/8�-�50.pdf ) All of the specifics in the disclosure form do not need to be provided. For example, if we take the example noted previously, the council member should specify the name of the general landscaping and snow removal company. They would not have to indicate any specific financial details, but rather that they own a company that may have dealings with the local government.

Members must also be aware that the disclosure of interest form should be periodically reviewed and possibly updated. By way of example, the individual owning the general landscaping and snow removal company may have acquired a small construction firm that may bid on some work for the local government. This new acquisition should be referenced in the disclosure of interest form. As a reminder, some local governments keep copies of the disclosure of interest form on hand at the council meeting chambers. Others also include a regular council meeting agenda item for conflict of interest declarations, which again serves as a reminder to council members.

Senior appointed officers should also review their situation from time to time to ensure that they or a family associate do not have any new conflicts of interest. They must also use the Disclosure of Interest form contained under Regulation 8�-�50.

The completed Disclosure of Interest forms are to be kept in a file by the clerk of the local government and are to be available for inspection during regular office hours by individuals who are qualified to vote as per the Municipal Elections Act, or individuals who are a resident in the area for which the local board was established and qualified to vote under the Elections Act.

Municipalities Act: 90.4(1), 90.4(2) 90.5(1), 90.5(2)

(b) Conflict of Interest Arising at a Council Meeting

If, during a council meeting a matter arises and a council member believes they may have a conflict of interest, the legislation requires him or her to disclose the conflict of interest and to immediately withdraw from the meeting room while the matters is to be discussed and voted upon. The verbal declaration of a conflict of interest at a council meeting must be recorded in the minutes of the meeting.

During the council meeting a council member may be in a situation where they are not sure if they are in a conflict of interest regarding a particular agenda item. In this case, it is advisable that he or she consider declaring a conflict of interest and leave the room for the period of time that the agenda item is to be discussed.

It is important to remember that it is the individual that must decide whether they are in a conflict of interest and to take the necessary actions. It is not up to others at the council meeting to deem that the person has a conflict of interest and to ask them to leave the room. If, as a council member or as a senior appointed officer, there is a feeling that another individual has a conflict of interest situation but does not recognize it, it may be helpful to remind this individual of the legislation. Ideally, this can be done through a private conversation and not during the council meeting proceedings. Perhaps the mayor can provide a general reminder to all council members at the same time, verbally or in written form.



atters Municipalities Act: 90.4(3)

7.6 Accepting of Gifts / other Benefits

The legislation also specifies that “a member or senior appointed officer shall not accept any fees, gifts, gratuities or other benefit that could reasonably be seen to influence any decision made by him in the carriage of his functions as a member or senior appointed officer.” As members who are elected or as staff who are appointed to serve their community, it is critical that they be impartial in their decisions. Accepting gifts or other benefits from third parties can cause major problems for a local government. As such, members and senior appointed officers must be careful not to accept any gifts / benefits from individuals or oganizations. If the donation is made to the local government corporation (e.g., a painting), this would be acceptable.

Municipalities Act: 90.8(2)(a)

7.7 using Position / Privilged Information for Personal or Family Associate Gain

Members and senior appointed officers are often privy to information that is sensitive or that could possibly be used for personal gain. For example, a local government may be very interested in purchasing some vacant land for a new park and this land that happens to be owned by a council member’s sister. Before an offer is made, the council member informs his sister that the local government is very interested in buying this particular piece of property. With this information, the council member’s sister may raise her price for this property. Clearly, the council member in question used “privilged information” for a family associate’s personal gain. Again, the key is for indinduals, whether they are council members or senior appointed officers, is to respect the law and to ensure that their actions are both ethical and represent the best interests of thecommunity.

Another example would be if the council in closed committee was considering the hiring of extra staff. If a member of council or a senior appointed officer inadvertently relays this confidential information to others, it might give them a better chance in the process of applying for the position. This is privileged information that should not be disclosed until the matter is forwarded to a public session of council.

Municipalities Act: 90.8(2)(b)

7.8 conflict of Interest and Loss of Quorum

There will be occasions where the existence of conflicts of interest will affect the ability to form a quorum. The legislation deals with two particular situations that may unfold. They are as follows:

Situation 1 - Council loses quorum but has three members remaining A council of six members is in place, thus the quorum would be four members. Three individuals find themselves to be in a conflict of interest on a particular matter and remove themselves from the discussions. This means that only three members would be present to vote and therefore quorum requirements would not be met. However, the legislation anticipates this particular situation and provides that as long as the number of members present does not fall below three (in the event that there are conflicts of interest), there is considered to be a quorum.

Municipalities Act: 90.7(1)



attersSituation 2 – Council loses quorum and has less than three members remainingThere are sometimes cases, though rarely, that several councillors on a council will have conflicts of interest such that there are less than three members remaining to debate and decide on a particular matter. In these cases, an application can be made to the Minister responsible for local government for an order that would allow them to consider and vote on the matter (or matters) at hand. The Minister can attach certain conditions to the order.

Municipalities Act: 90.7(2), 90.7(3)

7.9 Possible Penalties

If a member or a senior appointed officer does not follow the legislation with respect to conflict of interest, the potential penalties are quite significant. Failure to comply with sections 90.� and 90.5 of the Municipalities Act (conflict of interest) can result in an offence categorized as a “Category F” offence under the Provincial Offences Procedure Act. The potential fine for a Category F” offence ranges from a minimum of $��0 to a maximum of $5��0.

If a member or senior appointed officer does not comply with section 90.8 of the Municipalities Act (accepting gifts / inappropriate use of position or privileged information) and is found guilty of such an offence in court, the offence is categorized as a “Category H” offence under the Provincial Offences Procedure Act. The fine amount in this instance ranges from a minimum of $500 and amaximum of $�0,�50.

Other penalties may accompany the fine or may be imposed as a substitute tothe fines. They are as follows: • order the person to resign his office or position on such terms and conditions as

the Court prescribes, • prohibit the person from holding that office or position or any other specified

office or position during such period of time as the Court prescribes, • where the contravention has resulted in financial gain to the person or a family

associate, to return any gain realized thereby in accordance with terms and conditions imposed by the Court, or

• make any other order that the Court considers appropriate in the circumstances,

It should also be noted the Court can issue an absolute discharge if the violation did not result in any personal gain or the violation occurred, in the opinion of the court, as a result of “mere inadvertance”.


7.10 conflict of Interest and relationships with in-laws

Questions occasionally arise regarding the impact of conflict of interest legislation on in-law relationships of members and senior appointed officers. For example, a member of council may have a sister-in-law who owns a business that has dealing with the local government. The council member may question whether they have a conflict of interest in this instance. The definition of “family associate” does not include in-laws. As such, there would be no conflict of interest in terms of the legislation. However, it is advisable that if the council member feels uncomfortable with the situation that they declare a conflict of interest and remove themselves from discussions involving his sister-in-law’s company. Sometimes public perception may outweigh the strict legal interpretations of the legislation and as such, the better option may be to declare a conflict of interest.



atters7.11 Ministerial / departmental role in conflict of Interest

From time to time, the Department of Local Government does receive calls from council members, senior appointed officers and the general public regarding conflict of interest. In particular, the individuals calling are seeking an opinion as to whether their particular situation (or someone else’s) can be considered as a conflict of interest. The Minister of Local Government does not have the power to make a judgment or render an opinion on whether there exists a conflict of interest. Rather, it is up to the individual to be familiar with the conflict of interest legislation. If the uncertainty persists, it is advisable that he or she seek the advice of a lawyer (and not the lawyer that serves as the local government’s legal counsel).

7.12 Local Government By-Law Making Authority

Where a municipality carries out any of the powers or provides any of the services under the First Schedule of the Municipalities Act, it shall administer, pay the costs of,and may make by-laws with respect to such powers and services, (subject to the MotorVehicle Act), including the enactment of an emergency plan by-law and a proceduralby-law.

In addition to any other powers given in the Municipalities Act, a municipality may make by-laws for the following purposes:

(i) prescribing fees to be charged for the use of recreational or sports facilities provided by the municipality;

(ii) prescribing fees to be charged for the participation in recreational or sports programs provided by the municipality;

(iii) regulating and licensing the owners and operators of taxi cabs within the municipality, fixing a schedule of minimum fees, maximum fees or minimum and maximum fees to be charged by them and prescribing a schedule of license fees to be paid by them;

(iv) permitting or prohibiting the operation of retail businesses on the weekly day of rest, provided that the weekly day of rest is not also a prescribed day of rest under the Days of Rest Act, and establishing hours during which retail businesses may operate on the weekly day of rest;

(v) regulating and licensing transient traders;

(vi) prohibiting or regulating the sale by retail and the possession and discharge within the municipality of spring guns, air pistols and air rifles;

(vii) regulating and licensing exhibitions of natural or artificial curiosity, circuses, outdoor musical concerts and other shows or exhibitions for hire or profit;

(viii) regulating and licensing billiard rooms and pool rooms, bowling alleys, dance halls, and other places of amusement;

(ix) regulating and licensing the erection and use of bill boards or advertising boards and for fixing the fees to be paid in relation thereto;

(x) prohibiting the use of overhanging signs and prescribing the time within which an overhanging sign is to be removed;



atters(xi) regulating and licensing automatic vending machines or other automatic

machines, instruments,devices or games;

(xii) regulating or prohibiting within the municipality or any defined area thereof the making of noise likely to cause a public nuisance or otherwise disturb inhabitants; and

(xiii) respecting garbage and refuse collection and disposal

Municipalities Act: Sections ��(�)

7.13 Process of Passing, Amending or repealing a By-Law

a. Validity of a By-law

No by-law is valid in a municipality until it is read three times by title and read in itsentirety in a regular or special meeting of council at least once prior to third reading bytitle. It does not matter if the by-law is a new one, is being amended or is beingrepealed, the process for each is the same.

A proposed by-law does not need to be read in its entirety and can be read by sectionnumbers only if the title and general description is published twice a week for twoweeks in a local newspaper. The notice must state “the proposed by-law may beexamined in the office of the clerk during regular office hours”. Fourteen days mustelapse between the day on which the notice was first published and the day on whichthe by-law is read for the third time by title and section numbers only. The reading bysection numbers only can only occur if no member of council objects.

In lieu of publishing the notice in a local newspaper, it may be given by broadcasting on a local radio or television station at least once a day for the period of time that the notice is required to be published or posted on an internet site maintained by the municipality for the period of time that the notice is required to be published. [Municipalities Act ��.�(�)(a)(b)]

A by-law should state under which section of the Municipalities Act which gives the local government authority to enact the by-law, as well as the dates of the first, second and third reading and enactment of the by-law. It should be signed by the clerk (ordesignate) and the mayor (or in his/her absence the presiding officer of the council who presided at the meeting at which it was enacted). Once enacted, the by-law should be sealed with the corporate seal of the municipality and placed in a by-law registry book for public viewing. Municipalities Act section 5.� (a)

b. Amending a Proposed By-law before Third Reading

A proposed by-law may be amended at any time prior to third reading by title. It should not, however, be amended so as to change the intent of originally proposed by-law. If amendments are made prior to the third reading which significantly alters the intent of the original by-law, the process for adopting the by-law should commence over. Members of council should have the opportunity to review and consider any revised provisions carefully before assenting to incorporating them in a by-law.

c. Number of Readings of a By-law at a Council Meeting

Unless all the members present declare by resolution that an emergency exists, notmore than two of the three readings of the by-law by title shall take place at one meeting of the council.



attersd. Majority Required to Enact a By-law

In order to enact a by-law, two-thirds of the whole council or the whole council (“whole council” means those members of council, including the mayor, who are not disqualified from voting on the by-law) must vote in favour of the by-law on third reading by title.

e. Requirement in Municipalities Act of Two-Thirds Majority of the Whole Council to Enact Certain By-laws or Resolutions

There are several sections in the Municipalities Act where there is a requirement thattwo-thirds of the whole council (“whole council” means those members of council,including the mayor, who are not disqualified from voting) must vote in the affirmative on the by-law or resolution [Sections �9(9.�); ��(5); ��(6); ��(�); ��3(3) and �90.0��(�)],otherwise the vote is taken by simple majority.

f. Amendments to By-laws

Municipal by-laws require ongoing periodic reviews by both members of council andadministration to ensure the laws capture and reflect the times, the needs of thecommunity it serves and the vision of council. Once a by-law amendment is agreed toby council, the amending by-law would follow the same process as the adoption of anew by-law.

A sample of an amended by-law is shown below:

By-Law UVW-1A By-law to Amend By-law UVW “A By-Law Respecting Animal Control”

In the Village of Elmsville

BE IT ENACTED by theCouncil of the Village ofElmsville as follows:

�. That by-law UVW “A By-law Respecting Animal Control in the Village of Elmsville” be amended by deleting sections (�) and (�) of the by-law and inserting the following sections :

(�) The fee for licensing of dogs will be $�5 (twenty-five dollars) per annum.

(�) The fee for the licensing of cats will be $�5 (fifteen dollars) per annum.

Read the First Time: __________________ Read the Second Time: __________________ Read the Third Time and Enacted: __________________

__________________________ ___________________________Mayor Clerk

g. Consolidation of Amended By-laws

In some cases an original by-law would have a number of amending by-laws attachedto the original by-law. When a municipal by-law has a number of amended sections itbecomes time consuming and difficult to enforce and consolidation is recommended.The original by-law and amendments would be repealed and noted at the end of thenew by-law. (e.g. By-law 102 A By-law to Respecting Noise and Nuisance and allamendments thereto, is hereby repealed).



attersIt is a good practice to maintain consolidated municipal by-laws and incorporateamendment(s) into the original once enactment has taken place. This can be done byincorporating the amendment into the original by-law with a notation either placed at the beginning, side or end of the amended section.

By-Law UVWA By-Law Respecting Fees for Animal Control

In the Village of Elmsville

Pursuant to the powers granted by Section 96.� of the Muncipalities Act , R.S.N.B, 1973, c. M-22 and its amendments, the Council of the Village of Elmsville as follows:

(�) The fee for licensing of dogs will be $�5 Note: New sections (�) (twenty-five dollars) per annum. and (�) By-law UVW-� Enacted July �009 (�) The fee for the licensing of cats will be $�5 (fifteen dollars) per annum.


__________________________ ___________________________Mayor Clerk

Another example would be to state the consolidation in the main title of the by-law. (e.g. By-Law UVW, “A By-law Respecting fees in the Town of Elmsville (consolidated toinclude amendment UVW-�).

In both cases the amending by-law would be kept in a by-law registry in the Office of the Clerk so that any member of the public may access if he or she wishes to review.

g. Repealing of By-laws

A by-law would be repealed (annulled) if a council of a municipality decided that aconsolidation of amendments into a new by-law was needed or if the by-law wasoutdated or no longer relevant to the peace, order and good government of thecommunity.

Following is an example of a by-law to repeal several by-laws of a municipality:



attersBy-Law XYZ

A By-law to Repeal Several By-lawsof the Village of Elmsville

BE IT ENACTED by theCouncil of the Village ofElmsville as follows:

�. The following by-laws, enacted by the Council of the Village of Elmsville and amendments thereto, are hereby repealed:

(�) By-law ABC, “A By-law to Regulate Problem Punch Boards”, enacted June �9�8

(�) By-law DEF, “ A By-law to License Nickelodeons”, enacted June �9��

�. The repeal of said by-laws shall not affect any penalty, forfeiture or liability, incurred before such appeal or any proceeding for enforcing the same completed or pending at the time of repeal; nor shall it repeal, defeat or disturb, invalidate or prejudicially affect any matter or thing whatsoever completed, existing or pending at the time of repeal.


__________________________ ___________________________Mayor Clerk


Local Government Finances

How does a municipality financially operate?

In New Brunswick municipalities can operate two “businesses”:

1. General Services – (e.g. protective services, transportation services, community planning services), and

2. Water and/or Sewerage Utility Services

Within these two separate operations, accounts are kept within funds. Within the General Fund there is the General Capital Fund and the General Operating Fund. Within the Water and Sewer Fund there is the Utility Capital Fund and the Utility Operating Fund as depicted below. Also each “business” can establish reserve funds in accordance with section 90 of the Municipalities Act.

General Services are funded primarily through property taxes whereas water and sewer services are funded through user fees. Council sets the water and sewer rates as well as the local government tax rate.

See below an example of how a financial structure might be organized in a local government setting:

Mayor andCouncil

Water andSewer Fund General Fund

Water andSewer

OperatingFund

Water andSewer Capital

Budget

GeneralOperating

Fund

GeneralCapitalFund

W/S CapitalReserve Fund

Gen CapitalReserve Fund

Gen capitalReserve Fund

Chief Administrative

Officer

Treasurer

DepartmentHeads

W/S OperatingReserve Fund

Section 8 –




Annual Operating Budgets

Legislation requires that a municipality or rural community prepare annual operating budgets to be submitted for approval by the Minister of Local Government. (Section 87.2 Municipalities Act; Regulation 82-84 Municipal Budgets Regulation - Municipalities Act)

The review and approval process includes verification of compliance with legislative requirements, as well as correctness of certain amounts and calculations. A trend analysis is performed on each municipality and reported in the Department’s Annual Report of Municipal Statistics. This publication is found at the following link: http://www.gnb.ca/0370/036�/0004/index-e.asp.

Approvals and tax rates must be finalized by the end of January. Tax rates are forwarded to the Department of Finance which administers the billing and collection of property taxes, both Provincial and local. Municipalities and rural communities receive their property tax revenues (warrant) along with unconditional grant payments in twelve monthly payments.

General Fund –Revenue Sources

Revenue sources in the General Operating Budget include property taxes (warrant), the Unconditional Grant and other non-tax revenue, such as the sale of fire protection to LSD’s; building permits; rent; fines; grants; transfers from reserves) and surplus from the second previous year.

What is the Warrant?

The Warrant is the amount required to be raised through property taxes and iscalculated as follows:

Warrant = Total Expenditures – Non-Tax Revenue - Unconditional Grant

What is the Tax Rate?

The Tax Rate is the rate per $�00 applied to property assessments and is calculated as follows:

WarrantTax Rate = (Tax base / $100 of assessment)

How is the the Tax Base Determined?

The value of properties in the community is determined by the Assessment Branch of Service New Brunswick. Information on these properties is provided to the Department of Local Government. The municipal tax base is calculated by grossing up non-residential properties by 50% and adjusting federal property values based on historical payments.

This calculation is done for ease of budget calculations – i.e. non-residential properties are actually taxed at �.5 times the residential rate. By factoring this into the calculation at the tax base, only the residential rate needs to be calculated for budget purposes.



What is the Unconditional Grant?

The Unconditional Grant is funding provided under the Municipal Assistance Act from the Province of New Brunswick to assist communities in the provision of local services. Historically, unconditional grant funding has been provided for two purposes: To provide core funding in recognition of the fact that municipalities ability to raise revenues is less than their expenditure needs (fiscal gap), and to address the fact that the ability to raise revenues is greater in some municipalities than in others (equalization).

Utility Fund – Revenue Sources

The Utility Fund is an independent fund supported by user fees. Legislation requires Utility Funds to be funded through user fees. A municipality may establish one or more classes of users, including residential, commercial and institutional users.

Terms and conditions of user-charges are determined by a by-law of the municipality or rurual community. (Sections �89(�); �89(�.�) and �89.� of the Municipalities Act)

What is a Water Cost Transfer?

A municipality is authorized to charge annually in its General Revenue Fund Budget a portion of its water costs against fire protection service, such portion to be determined in accordance with Regulation 8�-�95 under the Municipalities Act. (�89(�6) Municipalities Act)

These charges could include a portion of the water costs as it relates to the purchase of water, including source of supply, power and pumping, transmission and distribution, and includes any operation and maintenance related to the water service that the community provides.

What is a Capital Fund Budget?

A capital budget is a financial plan for enhancement, acquisition or replacementof existing capital assets. Capital fund budgets should be established annually,ideally in conjunction with operating budgets and are ideally part of a longer-termplanning process, usually a five year plan.

An important part of the planning for capital expenditures is the financing, generally through long term debt, or with money provided from the operating reserve funds or through grants. The capital planning process affects the operating budget. Debt charges (interest and principal repayment) on funds borrowed for capital expenditures or direct payment of expenditures become expense items in the annual operating fund budgets.

What are Reserve Funds?

A local government may establish four Reserve Funds, as legislated in Regulation 97-�45 of the Municipalities Act, as follows:

• General Operating Reserve Fund• Utility Operating Reserve Fund• General Capital Reserve Fund• Utility Capital Reserve Fund



Operating and Capital Reserve Funds can be established for either a General orUtility fund. Reserve fund restrictions include the following:

• The establishment and subsequent deposits or withdrawals from reserve funds require Council resolutions, which must be passed before December 3�st of the year the transaction is to take place.

• Money withdrawn from a Capital Reserve fund is required to be spent only on capital expenditures, and Operating Reserve amounts must be spent only on operating expenditures.

• Operating Reserves in either fund must never accumulate to more than 5% of the total expenditures that were budgeted in the municipality’s operating fund the previous year.

Regulation 97-145 may be found at: http://www.gnb.ca/0062/PDF-regs/97-145.pdf

A Local Government’s Budget Process

Who Is involved?

• Staff – Department Heads, supervisors• Treasurer, accounting staff• Management Team• Finance Committee• Council• Department of Local Government

The Treasurer is generally responsible for collecting the actual budget documentation and making the required calculations for council’s review. The municipal staff, consisting of the Chief Administrative Officer, department heads and supervisors should be involved through preparation of proposed budgets for their respective departments which are submitted to the Treasurer for consideration by council in the municipal budget process.

A Finance Committee could be the whole of council and usually consists of the Mayor and several councilors plus the Chief Administrative Officer, Clerk and Treasurer. This committee reviews the draft budget before forwarding for council review and approval.

What is the Municipal Budget Process?

• Timelines are prepared for annual budget process• Input/collection of information from Local Government, other government departments and all department heads• Preparation of a draft budget by the Treasurer• Review of draft budget by senior management team/adjustments if necessary• Review of draft budget with Finance Committee/adjustments if necessary• Review of draft budget with council/adjustments if necessary• Approval by council resolution and budget documents forwarded to• Minister of Local Government• Approval received from Minister



Sample Operating Budget Timeline

Projected revenues and expenditures arereceived from Department Heads

� September

Available Internal and External financialinformation is determined

�5 September

Draft budget is prepared by accountingstaff and reviewed by management team

� October

Review of draft budget by Finance Committee

�5 October

Review of draft budget by council meeting in committee

� November

Any revisions to be made �5 November

Approval of draft budget by council inregular session

�� November

Forward council approved budgetdocument to Minister for approval

30 November (Regulation 8�-84)

It is a good practice to have input from council as to its priorities before the preparation of an initial draft budget.

Notification of department heads that the budget process has begun, along with the due date for submitting their draft budget to the treasurer and/or accounting department is crucial to meeting the budget calendar deadlines. The accounting department may assist the department heads by providing financial spreadsheets that lists each line item that the department is accountable for, along with the previous year’s budget and factual expenditure amounts and the year to date revenue/expenditure amounts as additional information.

Organizations, agencies and/or groups that have in previous years received funding for various programs from the municipality may need to be reminded to send their budget request for council review and consideration, if further funding is expected.

The following information should also be collected:

• Long term debt repayment schedules• Previous years budgets• Year to date information or other historical information• Relevant internal finance reports or records (program statistics, facilities use and rates, amounts charged for fees and licenses, union wages, new salary and benefit rates, etc)• Five Year Capital Plan

It is helpful for the treasurer to prepare a well organized budget file and working papers with copies of the external and internal documents required to create the budget and to support any calculations or estimates.

Expenditures

• Review and ensure all expenditures for upcoming year are included• Forecast all administrative and indirect expenses• Ensure calculations for salaries and wages are in agreement with union contracts and other agreements• Include principle and interest amounts for Long Term Debt Repayment Schedules• Ensure input from all other sources is reasonable and accurate



It is suggested that required expenditures be considered first. When budget information is received from other departments and sources, it must be reviewed for reasonableness, accuracy and completeness. (If a particular budgeted line item does not appear reasonable, sufficient explanation must be provided to justify the amount to council.)

Revenues

• Estimate and record expected revenues by examination of historical reports, program statistics, internal and external information and records• Include sources of revenues from local, provincial and federal sources• Include revenues from private and public sources• Include Unconditional Grant amount• Consider year to date financial information

Revenues can be estimated by an examination of historical reports, program statistics and other internal and external information and records. Revenues could be from local, provincial or federal resources as well as other private and public sources. Some examples include sale of fire protection services, rental fees, investment income and recreational facility user fees.

How do you Consolidate the Operating Budget with Capital Budget and Five Year Capital Plan?

One of the most important documents a municipality will prepare is its Five Year Capital Plan. It will include information and calculations required to calculate the municipality’s debt cost ratio and tax rates over a five year period.

A template that can be used to project a municipality’s five year debt service costs capital spending and tax rates from the General Operating fund and for Water and Sewer Rates Projection, as well as information on 5 Year Capital Plans, including short and long term borrowing authorizations by the Municipal Capital Borrowing Board can be found at the following website: http://www.gnb.ca/0370/0376/0003/000�-e.asp

What is the Process for Financial Reporting?

The Control of Municipalities Act gives authority to the Commissioner of Municipal Affairs to prescribe and regulate the system of accounting and reporting for municipalities.

The Guide to Municipal Financial Reporting is issued under this authority and is provided to each municipality and municipal auditor by the Department of Local Government.

Municipalities and rural communities are required to appoint an auditor (chartered accountant or certified general accountant). The auditor must submit audited financial statements to the Minister along with any management letter by March ��th of the ensuring reporting year.

Contacts for further Information:

Community Finance Branch, Department of Local GovernmentGeneral Information: (506) 453-�690Reception: (506) 453-��54Fax: (506) 453-7��8Internet Web Site: http://gnb.ca/037/index-e.asp

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ation for Local Government


9.1 IntroductIon

In New Brunswick, public procurement is subject to a hierarchy of law, policy and trade agreements. Municipalities, like other public bodies, are subject to these legal obligations

and have a duty to treat vendors fairly and get the best value for their dollars.

The past years have shown that vendors are aware of their rights and are not afraid to take legal action to challenge tendering procedures. For this reason, municipal employees and officials responsible for the procurement of goods, services and construction must ensure to familiarize themselves with all of their obligations.

The intent of this document is to guide municipalities through the public procurement process and help them understand that failure to comply with the established rules and procedures could result in legal action by vendors.

Municipalities must remember that although they are subject to the Public Purchasing Act, they are responsible to do their own purchases and must be able to justify them. The Central Purchasing Branch can, upon request, provide information on procurement obligations; however, the Branch will not provide legal advice nor will the Branch take responsibility for actions taken by Municipalities.

_____________________________________________________________________________

DISCLAIMER: The information contained in this document must not be considered to be legal advice. For any particular legal problem, the advice of your legal counsel should be obtained.

While every effort is made to ensure accuracy of the information available in this document, the Department of Supply and Services assumes no liability or responsibility for the completeness, accuracy or usefulness of any of the information.

Information (including any revisions and updates) in this document is provided solely for municipal employees and officials purposes.

In case of discrepancy between content of this document and relevant New Brunswick legislation and regulations, the official version of New Brunswick Acts and Regulations as published by the Queen’s Printer for New Brunswick will prevail.

It is also the responsibility of municipal employees and officials to ensure that they maintain an updated version of this document.

Section 9 –

Procurement Information for Local Government

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9.2 canadian tendering Law

Over the past couple of decades, the Canadian courts have ruled on numerouscases involving the conduct of the tender process, and the Supreme Court ofCanada has stated that the integrity of the tendering process must be upheld.These rulings have established a number of principles that are relevant to publicprocurement in this Province. Some of the more notable principles are:

• When a supplier submits a bid or proposal in response to a tender call, a binding contract, known as Contract “A” is automatically established between the tendering agency (the owner) and the bidder. This contract requires the owner (e.g. municipality) to treat all bidders fairly and requires the bidder to honor his bid.

• A Request for Proposals (RFPs) is considered to be a tender. • The owner is required to evaluate bids and make awards based on criteria set out

in the tender documents. In the absence of other specific criteria, the award must generally be made to the lowest compliant bid.

• An owner may not arbitrarily cancel a tender after it is closed without justification. • General statements such as “lowest or any bid not necessarily accepted” do not

give the owner the right to do as they wish. The principles of fair treatment must be respected. This clause does not allow the owner to have hidden preferences and does not allow the owner to award the contract to anyone other than the lowest compliant bidder if the lowest compliant bidder is fully qualified and meets the specifications of the tender.

• The awarded contract, Contract “B”, must be substantially the same as Contract “A” (i.e. the tender call). Municipalities are not permitted to negotiate a different contract.

• Failure to fully disclose relevant information in the tender could result in failure of the process and legal action by bidders.

• The owners’ intentions regarding the evaluation of bids and award of the contract must be clearly defined in the tender documents.

9.3 critical court decisions

• Ron Engineering v. Ontario – �98�: the Supreme Court of Canada decision that completely changed the law of competitive contracting that covers all tenders and RFPs in Canada.

• Chinook Aggregates v. Abbotsford – BCCA �989 and M.J.B. Enterprises v. Defense Construction Canada – SCC �999: the leading Court of Appeal and Supreme Court of Canada judgments on the meaning of “lowest or any proposals not necessarily awarded”.

9.4 new Brunswick Legislation

The Province of New Brunswick has implemented two Acts that govern procurement of goods, services and construction by public bodies. These are: the Crown Construction Contracts Act and the Public Purchasing Act.

a. Crown Construction Contracts Act

Definition of Crown Construction: construction, repair or alteration of land, road or structures owned by the Crown.

Definition of Construction: means a construction, reconstruction, demolition, repair or renovation of a building, structure, road or other civil engineering or architectural work and includes site preparation, excavation, drilling, seismic investigation, the supply of

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products and materials, the supply of equipment and machinery if they are included as an incidental to the construction, and the installation and repair of fixtures of a building, structure, road or other civil engineering or architectural work, but does not include professional consulting services related to the construction contract unless they are included in the procurement.

In New Brunswick, construction tendering is governed by the Crown Construction Contracts Act. This Act covers departments and most Crown corporations for highway and building construction and is administered by the New Brunswick Department of Finance.

Although this legislation does not formally cover municipalities, these organizations are expected to follow the basic principles as they are consistent with the trade agreement that applies to municipalities.

Note: If a municipality issues a tender that indicates that it is being tendered under the Crown Construction Contracts Act, then the rules and procedures in that Act must be followed.

For inquiries regarding building construction tendering, please contact the Design and Construction Branch of the Department of Supply and Services at 45�-�74�.

For further information on highway or road construction tendering, please contact the Department of Transportation at 45�-�66�.

b. Public Purchasing Act and Regulation 94-157

This Act and Regulation cover the procurement of goods and services by the Province and other public bodies, including Municipalities. It defines the tendering process and the responsibilities of various organizations and individuals. The Regulation also defines circumstances where exceptions can be made. This Act is consistent with the interprovincial trade agreements to which the Province is a Party.

Section �8 of Regulation 94-�57 indicates that municipalities are exempt from public tendering for goods under $�5,000 and services under $50,000 (including taxes). However, for all procurements OVER these thresholds, municipalities must issue a public tender (unless they are exempt by Regulation 94-�57).

Note: If a municipality opts to follow a competitive bidding process for goods and services under the thresholds of $�5,000 and $50,000, the rules and procedures of this act must be followed.

It’s also important to remember that even though the Provincial legislation defines the procurement process, it cannot overrule the basic tendering law established by the courts. For more information on the Public Purchasing Act and Regulation 94-�57, contact Central Purchasing at 45�-��45.

c. Exemptions

An exemption is a provision in Regulation 94-�57 under the Public Purchasing Act whereby all or some of the normal competitive bidding processes do not need to be followed for the procurement of certain goods and services, and/or goods and services in certain circumstances.

Municipalities are exempted from public tendering for the procurement of services provided by professionals identified in Section �7 of Regulation 94-�57 (see Annex D). Reporting to Central Purchasing is not required for these exemptions; however, these

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exemptions only apply when these professionals are performing a service that only they can legally provide under their particular designation.

Municipalities are also exempt from public tendering in circumstances identified in Section �7.� of Regulation 94-�57. Municipalities can use these exemptions under their own authority, but should ensure that they maintain records that clearly show that the exemption was warranted. In addition, each time a purchase is made as an exemption under Section �7.� over the thresholds of $�5,000 for goods and $50,000 for services, municipalities MUST complete an exemption form (see Annex C) and send it to the Central Purchasing Branch, as indicated on the form.

If a vendor takes legal action, the municipality will be required to justify the use of that exemption and could be held liable if it is not warranted. For more information on exemptions, please contact the Central Purchasing Branch at 45�-��45.

9.5 Interprovincial trade Agreements

Over the past several years, New Brunswick, along with other provinces, has signed agreements that further define the conduct of public procurement. These agreements are intended to reduce interprovincial barriers to trade by prohibiting the consideration of local content or economic benefits in the evaluation of bids. A vendor from another province must be treated in exactly the same way as a vendor from New Brunswick or the local community. They also require the use of an open and fair procurement process.

These agreements are considered as policy rather than law but could be used by suppliers to support legal action by establishing intent and precedent. Bidders who feel they are unfairly treated also have access to a bid protest process through these agreements. Mediation and bid protests can be costly in time and money; therefore, it is in your municipality’s best interest to comply with these agreements.

The Government of New Brunswick is a Party to three agreements, namely: the Atlantic Procurement Agreement, the Agreement on Internal Trade, and the Quebec – New Brunswick Procurement Agreement.

As of July �999, all municipalities are covered by the Agreement on Internal Trade (AIT) for procurements over $�00,000 (for goods and services) and over $�50,000 (for construction).

As of June 30, 2009, all municipalities will also be covered under the Atlantic Procurement Agreement (APA) for procurements of goods over $�5,000, services over $50,000 and construction over $�00,000 and the Quebec - New Brunswick Procurement Agreement for procurements over $�00,000 (for goods, services and construction).

One of the requirements of these agreements is that municipalities must advertise tenders over these thresholds on the electronic tendering system approved by the Province. The approved system is the NBON (New Brunswick Opportunities Network), which is owned and operated by the Central Purchasing Branch of the Department of Supply and Services. This service is free of charge for municipalities. Further information on NBON is provided in this document.

Other principles established in the interprovincial trade agreements are reflected in the Public Purchasing Act. In other words, by following the rules and procedures outlined in the Act, as well as the advertising requirement outlined and above, municipalities will adhere to the Agreement on Internal Trade and the Atlantic Procurement Agreement.

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To find out how municipalities can advertise tenders on NBON, call the NBON Help Line at 444-56�6 or Toll Free at �-877-��-8800 or �-800-56�-�4��.

9.6 the tendering Process

a. Definition of Procurement

Procurement means buying, purchasing, leasing, renting or acquiring by any means goods, services or construction and includes all functions related to the acquisition from definition of requirements through award of the contract and on-going contract administration.

b. Procurement Value

The value of the procurement must be estimated at the time the tender is issued and must include the total financial commitment resulting from the procurement including taxes, commissions, tariffs, duties, installation costs, premiums, fees, transportation costs, interest and any other costs incidental to the procurement.

In the case of long-term contracts the value must include all of the compulsory part of the contract but not the cost of optional renewals if the duration is more than one year. For example, a $�0,000 per year cleaning contract for three (�) years with the option to renew for an additional two (�) years would be valued at $60,000 (i.e. � x $�0,000). It is not permitted to design procurement, select a valuation method or divide purchase requirements with the intention of avoiding obligations imposed by the legislation or agreements.

c. Tendering Period

The Public Purchasing Act requires that tenders over the thresholds ($�5,000 for goods and $50,000 for services) must remain open for a period of not less than seventeen (�7) calendar days, which includes the date it was first advertised and the closing date.

Please refer to the section on “advertising requirements” for further instructions on the required tendering period.

d. Formulation of a Tender

For every tender issued, one contact person should be identified. Municipalities are responsible to ensure that all potential bidders receive the same information, and having only one contact person identified in the tender makes that process easier.

A tender may consist of two parts, namely the tender notice and the tender documents. For simple, straight forward tenders, these parts may be combined.

The tender notice is the part of the tender that will be advertised. When applicable, it should contain the following information:

• A brief description of the procurement. • The address or location where the tender documents may be obtained. • The conditions for obtaining the documents (cost, etc.). • The address or location where the bids are to be deposited. • The closing date and time for the tender. • The date and time when the bids will be opened. • A statement that indicates the procurement is subject to the Agreement on

Internal Trade, the Atlantic Procurement Agreement and the Quebec - New Brunswick Procurement Agreement (when applicable).

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• A statement that indicates the procurement is subject to the Public Purchasing Act or the Crown Construction Contracts Act (when applicable).

The tender documents is the part of the tender that is generally distributed by the procuring entity (e.g. at the town hall). The tender documents MUST contain the following information:

• Detailed specifications, terms, conditions, mandatory requirements, etc., as applicable.

• Delivery requirements and address. • Evaluation criteria and relative weights if criteria other than price are to be used in

the evaluation (e.g. RFPs). • Point of contact for inquiries, clarifications, etc. • Any other relevant information.

e. Advertising Requirements

IF…

Your tender is for:

- Goods between $25,000* and $100,000* or- Services between $50,000* and $100,000*

Your tender is for:

- Goods and services over $100,000*

Your tender is for:

- Construction over $250,000*

THEN….

Your tender MUST be advertised in Newspapers OR on one of the approved electronic tendering systems for a minimum of 17 calendar days. The approved systems are NBON, MERX and BIDS.

Your tender MUST be advertised on NBON, BIDS or MERX for a minimum of 17 calendar days.

Newspaper advertisements can be used IN ADDITION to these systems.

Your tender MUST be advertised on NBON, BIDS or MERX for a reasonable period of time (17 calendar days is recommended). Newspaper advertisements can be used IN ADDITION to these systems.

*Including taxes

As of June 30, 2009:

IF…

Your tender is for:

- Goods over $25,000* or

- Services over $50,000*

Your tender is for:

- Construction over $100,000*

THEN….

Your tender MUST be advertised on NBON, for a minimum of 17 calendar days.


Your tender MUST be advertised on NBON, for a reasonable period of time (17 calendar days is recommended).


*Including taxes

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f. New Brunswick Opportunities Network (NBON) www.gnb.ca/3000

The New Brunswick Opportunities Network is an Internet based system that advertises notices for goods, services and construction tenders issued on behalf of the Government of New Brunswick. Official tender documents for tenders issued by the Province are also available free of charge to vendors on NBON and electronic bidding is offered on selected tenders.

In addition, NBON advertises tenders issued by other public sector bodies in New Brunswick, such as municipalities, Regional Health Authorities and Crown corporations. However, these entities are responsible for distributing their own official tender documents.

NBON is easily accessible and free of charge for municipalities. Municipal officials responsible for procurements can easily enter their information in NBON and the tender notices can be adapted with the municipality’s logo and other relevant information.

By advertising tenders on NBON, municipalities comply with the requirements of the Public Purchasing Act, and the Agreement on Internal Trade, the Atlantic Procurement Agreement, the Agreement on the Opening of Public Procurement for New Brunswick and Quebec, and they can continue to distribute the tender documents from their town hall or other locations of their choice.

To use this service, all you need is a computer with Internet Explorer 6.0 or above, or Netscape 6.�. To find out how to advertise your tenders on NBON, please contact the NBON Help Line at 444-56�6, Toll Free at �-877-��-8800 or �-800-56�-�4�� or by e-mail at [email protected]

Bid Deposit/Receiving Bids

Bids received must be:

• Date and time stamped, and

• Placed in a secure location, in a locked receptacle which must remain unopened until the prescribed date and time for the bid opening.

At their discretion, municipalities can keep a log and/or ask for signatures when bids are submitted, but this is not a requirement of the Public Purchasing Act.

It should also be noted that the Public Purchasing Act permits bids to be submitted by facsimile, hand delivered, mail or courier.

g. Tender Opening – Important Points

Some important points to remember about tender opening:

• Bids must remain in a locked receptacle until tender opening. • Bids must be opened publicly and anyone can attend the opening. • The only information that should be released at a tender opening is the name of

the compliant bidders, and their total bid price where one was required. • No award is to be made at the time of opening bids.

h. Rejection of Bids

A bid submitted after the tender closing date and time cannot be accepted under any circumstances. Faxes bids that are not completely transmitted by closing time are also considered to be late and cannot be accepted.

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A bid must be rejected AT TENDER OPENING if:

• It is not signed, or • The bid security deposit, certified cheques or bid bond is not provided (in cases

where this was a mandatory requirement).

IMPORTANT: do not reject a bid at tender opening unless you are absolutely certain that is must be rejected. When in doubt, accept the bid and contact the Central Purchasing Branch or your solicitor for more information. You can always reject the bid during the evaluation process. Remember that the decision to reject a bid at tender opening is FINAL.

AFTER TENDER OPENING (during the evaluation), you must reject any bid that does not comply with the mandatory requirements featured in the tender. You cannot award to a non-compliant bid.

i. Bid Evaluation and Tender Award

Bids must be evaluated on the basis of the criteria specified in the tender documents. If no other criteria are specified, price will be the primary consideration.

Generally a tender is awarded to the lowest priced compliant bid or to the highest scoring compliant proposal (in the case of RFPs). A compliant bid is one that meets all mandatory conditions and specifications in the tender.

j. Right to Reject Clause

When a public organization wants to use a discretionary clause such as “lowest or any bid not necessarily accepted”, they must remember that this clause does not give them the right to do as they please, treat vendors unfairly, have hidden preferences, nor does it give them the right to award to an other than the low bidder if the low bidder is fully qualified and meets all specifications.

Case Law has shown that it is an implied term that the lowest qualified bidder shall be awarded the contract. For more information, refer to the judgment of BC’s Court of Appeal in Chinook Agreegates v. Abotsford, �989.

k. Use of Preferences

Local or provincial preferences must not be given on tenders ABOvE $�5,000 (for goods) and $50,000 (for services), unless they are exempted for a legitimate reason as specified in Regulation 94-�57 under the Public Purchasing Act. Economic benefits to the municipality or region must NOT be considered in the evaluation of bids. Failure to comply with this requirement could result in bid protests or legal action by vendors.

If the procurement is LESS THAN $�5,000 for goods, less than $50,000 for services or less than $�50,000 for construction (less than $�00,000 as of June �0, �009), AND you have clearly identified in your tender that a preference may be given to a New Brunswick or local vendor, then you may give preferential treatment to a vendor.

l. Disclosure of Tender Results/ Debriefings

Where an award was made based on price only (to the lowest compliant bid), municipalities may disclose, upon request, the following information to a vendor who has submitted a bid on that particular tender:

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• a list of all vendors who submitted a compliant bid on that tender (if the total bid prices were read at tender opening, you may disclose their total bid prices in addition to their names), and

• the name and total bid price of the successful bidder.

m. Request For Proposal Debriefings

Within a reasonable period of time after the awarding of a Request for Proposals (�7 calendar days is recommended, further information on Requests for Proposals is provided in this document), a municipality shall, upon request from any vendor who has submitted a proposal on that particular RFPs, disclose information pertaining to the successful proposal and the proposal submitted by the vendor making the request such that the vendor may determine the results of the evaluation of his proposal relative to that of the successful proponent.

The information disclosed shall contain the total price as well as the results of the evaluation on each and every criterion as listed in the RFPs documents for both the successful vendor and the vendor making the request.

The objective here is to allow the unsuccessful proponent to improve on their next proposal. The information released for each category, other than the scoring, should be vague and give general statements as to their strengths and weaknesses for each criteria.

Municipalities are not obligated, and should not, release information contained in bids or proposals that could reasonably be considered to be proprietary or adversely affect the commercial interests of the bidder (e.g information such as unit pricing, the company’s financial situation, RFPs methodology, etc.) But the name and total bid price of the successful bidder shall not be withheld.

If you are unsure about what information should be released to vendors, please contact the Central Purchasing Branch.

n. Tips/Suggestions

Here are a few things to remember about the public tendering process:

• Never tell a bidder that they have won (or lost) before the award has been officially made.

• Never discuss bids or proposals with anyone (other than other members of the evaluation team) during the evaluation. This information is confidential.

• Always direct questions regarding a tender to the individual identified in the tender documents (in order for all potential bidders to receive the same information).

• Do not provide copies of bids or proposals to competing vendors. • Treat all vendors fairly. This principle is one of the fundamentals of public

procurement. • Even if you are not obligated by legislation to do a certain thing, always use

good business practices. Remember, it is your duty to responsibly spend your tax payers’ dollars.

• “Right to reject” clauses are there to protect you from unqualified vendors; not to allow you to give preferential treatment.

• Whenever you are in doubt, always consult with staff from Central Purchasing and/or with your legal counsel.

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9.7 requests for Proposals

A request for proposals (RFP) is an invitation where criteria other than just the price are used to evaluate responses and where the award is made based on the highest compliant score. Proposals are the bids received in response to RFPs.

In general, the RFP process is used when procuring complex services where the method of completing a project is usually left up to the vendors. The RFP outlines the “what”, “when” and the “why”, but the “how” is left to be identified by the vendors.

Unlike standard tenders, cost is not the primary factor upon which an award is made. Depending on the procurement, any number of criteria, in addition to the cost, can be used to evaluate proposals (e.g. experience of the company’s personnel, qualifications, history of past similar projects, delivery time, methodology, etc.)

Whatever the criteria used to evaluate proposals, the Public Purchasing Act requires that the RFPs clearly indicate the criteria to be used and the method by which the proposals will be evaluated, including the relative weight assigned to each criterion. Hidden criteria cannot be used to evaluate RFPs.

The main objective of the RFP evaluation process is to fairly and objectively determine the frontrunner (and not to rank all the proposals in order.)

Proposals must be evaluated by an evaluation committee comprised of people with public procurement knowledge and/or people who understand the project and have no conflicts of interest with the procurement.

This committee should have a Committee Chair responsible for informing all the members of their duties and distributing copies of proposals to committee members for evaluation.

Once the RFP has closed and all the proposals have been received, a copy of each proposal must be distributed to each committee member. Members should be notified that all information related to this process must remain confidential until an award has been made.

On their own, members will then read all proposals and score each solely on its contents and on the extent to which it addresses the stated evaluation criteria. Proposals must not be scored in comparison to other proposals. They must only be scored based on the contents of the proposals and the RFPs criteria. New criteria cannot be added after the RFPs has closed.

When scoring, provide written comments or notes for the score in each category including both strengths and weaknesses. Keep in mind that your evaluation must be defensible and may have to be conveyed to unsuccessful proponents or be defended in court. We recommend that once each member has scored every proposal, the committee should meet in order to come to a consensus of the total scoring for each proposal.

In order to ensure compliance, review each proposal to assure full compliancy to all mandatory requirements. Words such as “MUST”, “MANDATORY”, “SHALL” or “REQUIRED” indicate requirements that must be met in order for the proposal to receive further consideration. An award CANNOT be made to a proposal that does not meet mandatory requirements.

Recommend award of the RFP to the vendor with the highest scoring compliant proposal.

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The Central Purchasing Branch generally distributes an “Evaluation Team Handbook” to client departments that are evaluating RFPs. To obtain a copy of this handbook, examples of RFPs templates or to obtain further information on RFPs, contact the Central Purchasing Branch at (506) 45�-��45. Central Purchasing can also provide you with a standard formula used to calculate the points attributed for the cost indicated in the proposals.

9.8 request for Expressions of Interest (rEoI)

Municipalities must realize that REOI is not a process used to circumvent public tendering, nor is it a process used to disqualify vendors or create a short list for a RFP. Most organizations use a REOI to build vendor interest in a project, and to see if there is enough competition to justify a RFP.

A REOI is exactly what is says, a “request for expressions of interest”. You have a project that you want to realize and you are not sure if there are any vendors with the necessary resources and experience that would be interested in the project. How do you find these vendors, and how do you get them interested in your project? You can issue a widely advertised REOI.

Your ultimate goal in a REOI process should be to build vendor interest and ultimately to get the best proponents to submit proposals. So it’s important to have a solid plan, a clear definition of the project and to provide answers to vendors’ key concerns.

The REOI document should contain information such as a clear description of the project, timeline, and a general outline of the evaluation criteria for the upcoming RFP or for any intervening stages. Finally, the REOI should ask vendors to respond (i.e. maximum of 5 pages) with information such as identification of the team/corporate players; financial information, similar project experience and their approach to the process. If the REOI is successful, a publicly issued RFP should follow.

We strongly suggest that municipalities that are unfamiliar with this process communicate with the Central Purchasing Branch to obtain further information.

9.9 other resources

a. Central Stores

The Department of Supply and Services operates a warehouse and delivery service for commonly used supplies. This warehouse is located in Fredericton and is known as Central Stores.

This operation is maintained in order to obtain lower prices resulting from bulk purchasing and save time by eliminating the need to tender each individual purchase. Main users of this service are government departments, schools, community colleges, Crown Corporations, agencies and other government funded bodies such as municipalities, hospitals and universities.

Studies on Central Stores pricing indicate average savings of �5% on commonly used supplies. Administrative and delivery costs are included in the price; therefore it is the same everywhere in the province. Municipalities may take advantage of these savings by purchasing commonly used items through Central Stores.

Central Stores carries a variety of items, such as office supplies, computer accessories, janitorial & maintenance products, outdoor and recreational supplies, clothing & personal items, etc.

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Central stores uses an open tendering process to procure stock, therefore every interested vendor from all regions have an equal opportunity to bid on tenders. These tenders are advertised on NBON.

To obtain a copy of the Central Stores Catalogue, please call 45�-�466. Municipalities registered on NBON can also search the catalogue on-line.

ÁThere are two (�) ways to buy from Central Stores:

�. You can fax your requests at 45�-�0�6. Central Stores accepts all major credit cards or you can also be invoiced by providing a PO number.

�. You can order through the NBON system. To have access to this service, you must forward a written request to [email protected]. For more information, call the NBON Help Line at �-877-��-8800 or �-800-56�-�4��. Municipalities are strongly encouraged to buy from Central Stores through NBON.

Turnaround is generally 4 to 5 days, but it may vary depending on the time of year or the number of requests received that week. If your request is urgent, call Central Stores or clearly indicate on your request that it is “urgent”.

b. N.B. Government Contracts

When goods or services are frequently purchased by government departments, Central Purchasing establishes long-term contracts with vendors through an open tendering process. These contracts are established in order to obtain lower prices by bulk purchasing and to save time by eliminating the need to tender each individual purchase.

All government departments as well as municipalities may purchase goods and services through these contracts.

Office furniture, computers, automobile parts, informatics and electrical supplies are just a few examples of goods and services that can currently be bought by departments and other government funded bodies under long-term contracts.

To view the list of contracts, use the “contract browse” option in NBON. To have access to this service, forward a written request to [email protected]. For more information, call the NBON Help Line at �-877-��-8800 or �-800-56�-�4��.

Use the “contract browse” option in NBON. To have access to this service, forward a written request to [email protected]. For more information, call the NBON Help Line at �-877-��-8800 or �-800-56�-�4��.

Please note that to order from these contracts, you must send a request or requisition TO THE VENDOR and indicate the contract number from which you wish to buy. vendors must give municipalities the same prices they give to departments. (MUNICIPALITIES ARE NOT ABLE TO ORDER FROM GOvERNMENT CONTRACTS THROUGH THE INTERNET OR NBON. THE INTERNET OR NBON ARE SIMPLY USED TO vIEW THE LIST OF CONTRACTS).

If you experience problems getting the same prices as departments, contact the Procurement Specialist responsible for that contract.

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c. Standard Terms and Conditions

The Government of New Brunswick, in collaboration with the other Atlantic Provinces, has established a set of “Standard Terms and Conditions” which apply to all of its goods and services tenders.

These terms and conditions cover issues and situations such as late bids, how to submit bids, vendor registration, liability for costs, right to reject, bidders located outside Canada, standards and certifications, right to cancel tender, etc.

These terms and conditions are intended to fully disclose all relevant procurement information to vendors and in return protect the province from challenges or legal actions.

Municipalities are welcome to use any of these clauses for their own tenders. However, municipalities must remember that these clauses are intended to protect the procuring entity in certain circumstances; these clauses do not allow the province or municipalities to treat vendors unfairly.

The “Atlantic Standard Terms and Conditions for Goods and Services” are available on-line at http://www.gnb.ca/�000/index�.htm

d. Important Websites

PUBLIC PURCHASING ACThttp://www.gnb.ca/006�/acts/acts/p-��-�.htm

REGULATION 94-�57http://www.gnb.ca/006�/regs/p-��-�reg.htm

CROWN CONSTRUCTION CONTRACTS ACT AND REGULATIONShttp://www.gnb.ca/acts/acts/c-�6.htm & www.gnb.ca/006�/regs/c-�6reg.htm

NEW BRUNSWICK OPPORTUNITIES NETWORK (NBON)http://www.gnb.ca/�000

N.B. GOvERNMENT CONTRACTShttp://www.gnb.ca/�000

GOvERNMENT OF NEW BRUNSWICKhttp://www.gnb.ca

DEPARTMENT OF SUPPLY AND SERvICEShttp://www.gnb.ca/0099/index-e.asp

STANDARD TERMS AND CONDITIONShttp://www.gnb.ca/�000/index�.htm

AGREEMENT ON INTERNAL TRADE (AIT) and MASH annexhttp://www.marcan.net (follow the links to the Agreement on Internal Trade)

ATLANTIC PROCUREMENT AGREEMENT (APA)http://www.CAP-CPMA.ca/default.asp?mn=�.6�.��.�5

AGREEMENT ON THE OPENING OF PUBLIC PROCUREMENT FOR NEW BRUNSWICK AND QUEBEC (Quebec-New Brunswick Procurement Agreement)http://www.gnb.ca/tenders/Procurement/�008QC-NBprocurement-e.pdf

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9.10 Frequently Asked Questions

Q. What is a Request for Proposals (RFPs)?

A. A RFP is a tender where criteria other than just the price are used to evaluate responses and where the award is made based on the highest compliant score. RFPs are generally used to purchase complex goods or services where the method of completing a project is usually left up to the vendors. The RFP outlines the “what”, “when”, and the “why”, but the “how” is left to be identified by the vendors.

Q. What is the difference between Goods, Services and Construction?

A. In Canada, public procurement is divided into three (�) distinct categories: GOODS, SERvICES, and CONSTRUCTION. In New Brunswick, Goods and Services are legislated by the Public Purchasing Act, and construction is legislated by the Crown Construction Contracts Act.

Goods means, in relation to procurement, raw materials, products, supplies, equipment and other physical objects of every kind and description whether in solid, liquid, gaseous or electronic form, unless they are procured as part of a general construction contract.

Services means, in relation to procurement, all services including printing, garbage removal, snow removal, salt hauling, janitorial services, studies, utilities, consulting, professional services, etc., unless the services form part of a general construction contract.

Construction means a construction, reconstruction, demolition, repair or renovation of a building, road, structure or other civil engineering or architectural work and includes site preparation, excavation, drilling, seismic investigation, the supply of products and materials, the supply of equipment and machinery if they are included in an incidental to the construction, and the installation and repair of fixtures of a building, road, structure or other civil engineering or architectural work, but does not include professional consulting services related to the construction contract unless they are included in the procurement.

Q. When do municipalities HAVE to issue a public tender?

A. Municipalities MUST issue a public tender for: • Goods over $�5,000 (including taxes) • Services over $50,000 (including taxes) • Construction over $�50,000 (including taxes) ‡ As of June 30, 2009, construction over $100,000 (including taxes)

Q. How do municipalities HAVE to advertise their public tenders?

A. Municipalities MUST advertise the following tenders in Newspapers OR on one of the approved electronic tendering systems (NBON, BIDS or MERX):

• Goods between $�5,000 and $�00,000 (including taxes) • Services between $50,000 and $�00,000 (including taxes)

Municipalities MUST advertise the following tenders in NBON, MERX OR BIDS:

• Goods and services over $�00,000* • Construction over $�50,000*

*Newspaper ads can be used IN ADDITION to the electronic systems.

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‡ As of June 30, 2009:

Municipalities MUST advertise the following tenders on NBON:

• Goods over $�5,000* • Services over $50,000* • Construction over $�00,000*

Newspaper ads can be used IN ADDITION to the electronic system.* Including taxes

Q. For how many days do municipalities have do advertise tenders?

A. Tenders for goods over $�5,000 and services over $50,000 MUST be advertised for a minimum of �7 calendar days.

Tenders for construction should be advertised for a reasonable amount of time, but there is no minimum number of days established. Use good business practices.

Q. Why award to the lowest compliant bid?

A. Awarding to the lowest compliant bid is a principle established by case law. This principle is not outlined in the Public Purchasing Act nor is it outlined in the Crown Construction Contracts Act, but this implied term is the result of many court rulings. Using clauses such as “lowest or any bid not necessarily accepted” does not mean that municipalities can award the tender to the vendor of their choice. This clause does not allow municipalities to award to an other than the lowest bid if the lowest bid is compliant, qualified and meets all specifications of the tender.

Q. Can municipalities buy off contracts established by the Government of New Brunswick?

A. Yes. Corporate contracts that are established for all government departments can also be used by municipalities, universities, hospitals, solid waste commissions, and other public funded bodies. In order to obtain the same prices as the government receives, you must give the vendor the contract number when you place your order. When vendors bid on these contracts, they commit, at tender time, to give the same prices to government funded bodies as they give the Province. More information on NB Government contract is available in the “Other Resources”, « Central Stores » section.

Q. What is Central Stores and can municipalities buy from there?

A. Central Stores is a warehouse in Fredericton, operated by the Department of Supply and Services, where commonly used supplies are stocked. Office supplies and cleaning products are amongst the items that are sold at Central Stores. More information on Central Stores and how to buy from there is available in the “Other Resources” section.

Q. What is NBON?

A. NBON stands for the New Brunswick Opportunities Network. NBON is an electronic tendering system owned and operated by the Department of Supply and Services. All public tenders issued by the Province are advertised on this system. Municipalities may also use this system at no charge to advertise their tenders. More information on NBON and how to use the system is available in the “New Brunswick Opportunities Network” section.

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Q. When can municipalities give a preference to a local vendor when awarding a tender?

A. Municipalities can only give preferential treatment to a local vendor when: • The procurement is less than $�5,000 for goods, $50,000 for services or

$�50,000 for construction (over $�00,000 as of June �0, �009); AND you have clearly identified in your tender documents that a preference may be given to local vendors.

Q. Where can I find an example of a tender document or RFPs document?

A. Depending on what you are buying, Central Purchasing can provide you with templates or examples of tenders to help you with the design of your tenders. Every purchase is different therefore there is no standard RFPs or tender template. We recommend that you contact us and we can provide you with information that meets your specific needs.

Q. What happens if a municipality doesn’t follow the rules established in legislation, the principles of case law or trade agreement policies?

A. If a municipality chooses to proceed in such ways, then it is susceptible to bid protests, legal actions and bad publicity. Bids protests and legal actions can be very costly in time and money. Spending tax payers’ money is the responsibility of all municipal officials and should be done in accordance with the established rules and procedures.

Q. Do bids always have to be opened publicly?

A. Yes. When a public tender is issued, bids must be opened publicly and anyone can attend the opening.

Q, Who can I contact to get information on tendering goods/services?

A. You can contact one of the Procurement Managers of the Central Purchasing Branch, Department of Supply and Services at 45�-�74�.

Q. Who can I contact to get information on building construction tendering?

A. You can contact the Executive Director of the Design & Construction Branch, Department of Supply and Services at 45�-��8

Q. Who can I contact to get information on road construction tendering?

A. You can contact the Financial and Administrative Services Branch of the Department of Transportation at 45�-�66�.

Q. Who can I contact to get information on the Public Purchasing Act and the various trade agreements?

A. You can contact the Senior Procurement Analyst from the Central Purchasing Branch, Department of Supply and Services at 444-4�09

Q. Who can I contact to register on NBON and have access to services provided on NBON?

A. You can contact the NBON Help Line at �-877-��-8800 or �-800-56�-�4�� or 444-56�6

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Q. Who can I contact to get information on how to sell land or property?

A. You can contact the Director of the Property Management Branch, Department of Supply and Services at 45�-�74�

9.11 definitions

• BID: means an offer or submission by a vendor in response to an invitation to tender or request for proposals.

• BIDDER: means a vendor that submits a bid or proposal in response to a tender invitation or a request for proposals.

• BID PROTEST: means a formal complaint made against the methods employed or decisions made by a procurement authority in the process leading to the award of a tender or contract.

• CONSTRUCTION: means a construction, reconstruction, demolition, repair or renovation of a building, road, structure or other civil engineering or architectural work and includes site preparation, excavation, drilling, seismic investigation, the supply of products and materials, the supply of equipment and machinery if they are included in a incidental to the construction, and the installation and repair of fixtures of a building, road, structure or other civil engineering or architectural work, but does not include professional consulting services related to the construction contract unless they are included in the procurement.

• ELECTRONIC TENDERING SYSTEM: means an on-line electronic display of procurement information and tender document request system that gives vendors flexible and open access to procurement opportunities.

• EXEMPTIONS/EXCEPTIONS: means the exemption from tendering certain goods or services or the exemption from tendering goods or services in certain circumstances.

• GOVERNMENT FUNDED BODIES or PUBLIC BODIES: means any body corporate, corporation, municipality, university, board, commission and body prescribed by Regulation.

• INADVERTENT VIOLATION: means an inadvertent procurement or inadvertent authorization of the procurement of goods or services that was not processed according to the Public Purchasing Act and Regulation 94-�57.

• INVITATION TO TENDER or TENDER: means a written invitation for prospective vendors to submit offers, bids, quotations or proposals for specified services, goods or construction projects.

• GOODS: means, in relation to procurement, raw materials, products, supplies, equipment and other physical objects of every kind and description whether in solid, liquid, gaseous or electronic form, unless they are procured as part of a general construction contract.

• MANDATORY: means obligatory, required by order: a provision that cannot be waived.

• MASH SECTOR: means Municipalities, publicly funded Academic institutions (universities), and Social service and Health entities (hospitals).

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• PREFERENCE: means an advantage in the solicitation, restriction or award of tenders granted to a vendor by reason of the vendor’s business location or origin of the goods or services.

• PROPOSAL: means a bid or offer submitted in response to a Request for Proposals.

• SERVICES: means, in relation to procurement, all services including printing, garbage removal, snow removal, salt hauling, janitorial services, studies, utilities, consulting, professional services, etc., unless the services form part of a general construction contract.

• VENDOR/SUPPLIER: means any corporation, partnership, individual, sole proprietorship, organization, joint stock company, joint venture or any other private legal entity.

9.12 conduct Handbook for Municipal Employees and officials

Written for the public sector, this book is an excellent Canadian resource that discusses ethical standards and codes of conduct for municipal employees and officials involved in competitive contracting. Covering topics from abuse of office and corruption to conflict of interest and financial disclosure, the book provides a review of legislation and ethical standards.

The authors are M. Rick O’Connor, Peter-John Sidebottom and David G. White. This book was originally published in June �999 by Butterworths, and the �nd Edition was published in March �00�.

9.13 contacts

For more information on procurement of goods and services, the Public Purchasing Act, trade agreements, etc., contact the Central Purchasing Branch.

(a) CENTRAL PURCHASING BRANCH

Reception 45�-��45 45�-746� (fax)

Acting Director of Purchasing Janice York 45�-8880 [email protected]

Management of Strategic Procurement Jean Martell 444-4�07 [email protected]

Procurement Manager Nancy Durelle 444-4��4 [email protected]

Senior Procurement Analyst Johanne Dumont 444-4�09 [email protected]

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(b) OTHER CONTACTS

Central Stores 45�-�466 45�-�0�6(fax)

Design and Construction Branch (DSS) 45�-��8

Department of Transportation (Financial & Admin. Services) 45�-�66�

Property Management (DSS) 45�-�74�

NBON Help Line 1-877-231-8800 444-5636 [email protected] 1-800-561-1422

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9.14 Summary of rules and thresholds for Municipalities

THRESHOLDS

< $25,000(GOODS)

< $50,000(SERVICES)

<$250,000(CONSTRUCTION)

Between $25,000**and $100,000(GOODS)

Between $50,000**and $100,000(SERVICES)

> $100,000(GOODS andSERVICES)

> $250,000(CONSTRUCTION)

EXEMPTIONS

PROCEDURES TO BE FOLLOWED

• Municipalities don’t have to publicly tender, but are strongly encouraged to use good business practices and obtain several quotes for procurements below these thresholds.

• For construction projects, municipalities are encouraged to follow the basic principles outlined in the Crown Construction Contracts Act and Regulation.

• MUST follow the rules and procedures identified in the Public Purchasing Act and Regulation 94-�57 (i.e. MUST issue a public tender).

• MUST be publicly advertised (either in newspapers and/or on NBON, BIDS or MERX).

• MUST be advertised for a minimum of �7 calendar days, unless exempted by regulation.

• MUST follow the rules and procedures outlined in the Agreement on Internal Trade.

• MUST be advertised on NBON, BIDS or MERX for a minimum of �7 calendar days, unless exempted by regulation. (May place tender notices in newspapers in addition to the electronic systems)

• Encouraged to follow the basic principles outlined in the Crown Construction Contracts Act and Regulations.

• MUST follow the rules and procedures outlined in the Agreement on Internal Trade. (MUST issue a public tender)

• MUST be advertised on NBON, BIDS or MERX (May place tender notices in newspapers in addition to the electronic notices.)

In Regulation 94-�57, municipalities are exempt from following the rules and procedures outlined in the Public Purchasing Act for the circumstances identified in Sections �7 and �7.�. Purchases exempted by section �7.� must be reported to the Department of Supply and Services. Municipalities must be able to justify exempted procurements.

* All amounts include taxes

** The legislation and the agreement forbid the use of local preferences and the consideration of economic development criteria or local content in the evaluation of tenders and awards of contracts over these thresholds.

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Summary of rules and thresholds for Municipalities(as of June 30, 2009)

THRESHOLDS

< $25,000(GOODS)

< $50,000(SERVICES)

<$100,000(CONSTRUCTION)

> $25,000**(GOODS)

> $50,000**(SERVICES)

> $100,000(CONSTRUCTION)

EXEMPTIONS

PROCEDURES TO BE FOLLOWED

• Municipalities don’t have to publicly tender, but are strongly encouraged to use good business practices and obtain several quotes for procurements below these thresholds.

• For construction projects, municipalities are encouraged to follow the basic principles outlined in the Crown Construction Contracts Act and Regulations.

• MUST follow the rules and procedures identified in the Public Purchasing Act and Regulation 94-�57 (i.e. MUST issue a public tender).

• MUST follow the rules and procedures outlined in the Atlantic Procurement Agreement.

• MUST be publicly advertised on NBON. (May place tender notices in newspapers in addition to the electronic system)

• MUST be advertised for a minimum of �7 calendar days, unless exempted by regulation.

• MUST also follow the rules and procedures outlined in the Agreement on Internal Trade and the Quebec-New Brunswick Procurement Agreement for procurement of goods or services over $�00,000.

• Encouraged to follow the basic principles outlined in the Crown Construction Contracts Act and Regulations.

• MUST follow the rules and procedures outlined in the Agreement on Internal Trade, the Atlantic Procurement Agreement, and the Quebec-New Brunswick Procurement Agreement (MUST issue a public tender).

• MUST be advertised on NBON. (May place tender notices in newspapers in addition to the electronic systems.)

In Regulation 94-�57, municipalities are exempt from following the rules and procedures outlined in the Public Purchasing Act for the circumstances identified in Sections �7 and �7.�. Purchases exempted by section �7.� must be reported to the Department of Supply and Services. Municipalities must be able to justify exempted procurements.

* All amounts include taxes** The legislation and the agreement forbid the use of local preferences and the

consideration of economic development criteria or local content in the evaluation of tenders and awards of contracts over these thresholds.

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9.15 Exemption Form

PROVINCE OF NEW BRUNSWICKMash Sector Exemptions Report

Return form to: Department of Supply and Services Central Purchasing Branch Policy and Promotions P.O. Box 8000 Fredericton, N. B. E3B 5H6 Fax: 453-7462

Name of Municipality: _________________________________________________________

Date of exemption: ____________________________________________________________

Description of goods or services purchased: ______________________________________

_____________________________________________________________________________

_____________________________________________________________________________

_____________________________________________________________________________

_____________________________________________________________________________

Value: _______________________________________________________________________

(include all taxes, commissions, etc.)

Name and address of supplier: __________________________________________________

_____________________________________________________________________________

_____________________________________________________________________________

_____________________________________________________________________________

_____________________________________________________________________________

Reason for exemption: _________________________________________________________

(Please use titles from attached pages. For example: 27.1 f) No Competition (Sole

Source)

Explanation: _________________________________________________________________

_____________________________________________________________________________

_____________________________________________________________________________

_____________________________________________________________________________

_____________________________________________________________________________

Filed by: _____________________________________________________________________

Signature: ___________________________________________________________________

Date filed:____________________________________________________________________

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9.16 List of Permitted Exemptions that Apply to Municipalities (if you are unsure of the meaning of these exemptions please contact Central Purchasing at 45�-��45)

a. Section 27 - Professional Services

Services that may, by legislation, be provided only by one of the following licensed professionals: engineers, architects, land surveyors, chartered accountants, lawyers, notaries, medical doctors, dentists, nurses, pharmacists or veterinarians. (Note that this only applies when these professionals are performing a service that only they can legally provide.)

b. Section 27.1

a) Lease Buyout Purchase of supplies that are the subject of a lease contract where payments are

partially or totally credited to the purchase;

(b) Specific Skills Purchase of services with a total value of less than one hundred thousand dollars

where it can be shown that for reasons of specific skills, knowledge or experience, the choice of vendor is limited to one or a very limited number of individuals, provided that the exemption is not used to unduly restrict competition;

(c) Representational Purpose Purchase of supplies or services for representational purposes outside the Province;

(d) Emergency or Urgency Where the supplies or services are required in the event of an emergency or urgent

situation (note that urgent situations are to be unforeseeable urgent situations);

(e) Maintenance of Security, Order, Life or Death Where the use of a public tendering process would interfere with the ability to

maintain security or order, or to protect human, animal or plant life or health;

(f) No Competition (Sole Source of Supply) Where there is an absence of competition for technical reasons and the supplies or

services can be supplied only by a particular vendor (in Canada) and no alternative or substitute exists;

(Note the wording carefully. It means that only one vendor in Canada can provide the commodity and there is no substitute. It does not mean only one local or provincial supplier or that one supplier is better)

(g) Statutory Monopoly Supplies or services provided by a vendor that is a statutory monopoly;

(h) Compatibility and Exclusive Rights Where it is necessary to ensure compatibility with existing products, to recognize

exclusive rights, such as exclusive licenses, copyright and patent rights, or to maintain specialized products that must be maintained by the manufacturer or its representative;

(i) Warranty or Guarantee For services or supplies provided by a vendor under the provisions of a warranty or

guarantee;

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(j) Absence of Bids (No Reply to Tender) In the event of an absence of bids in response to a tender made in accordance with

the tendering procedures specified in the Act and this Regulation;

(k) Exceptionally Advantageous Circumstances Where supplies may be purchased under exceptionally advantageous circumstances

such as bankruptcy or receivership;

(l) Guarantee Where the carrying out of work by a vendor other than the vendor who did the

original work would nullify the guarantees held;

(m) Confidentiality Services related to matters of a confidential nature where disclosure of the matter

through a public tendering process would compromise the confidentiality of the matter;

(n) Philanthropic Purchase of supplies or services from philanthropic organizations or handicapped

persons;

(o) Goods for Resale to the Public Purchase of goods intended for resale to the general public;

(p) Economic Benefit Where Board of Management has determined that there would be a significant

economic benefit to the province if the purchase is made from a specific vendor and recommends the purchase to the Minister or the government funded body;

Note: the Agreement on Internal Trade (AIT) states that, under exceptional circumstances, procurements can be excluded for economic development purposes provided that all such exclusions are reported, prior to the commencement of any procedure leading to the award of a contract, to the other Provinces with an explanation of the reasons justifying the decision. A Province invoking this provision will seek to minimize the discriminatory effects of the exclusion on the suppliers of the other Provinces.

(q) Prototype or Original Concept Supplies or services directly related to research and development or production of a

prototype or original concept, provided that subsequent purchases are carried out in accordance with the Act and this regulation;

(r) Purchases from Non-Profit Organizations or Government Funded Bodies Supplies or services purchased from a department, government funded body or

non-profit organization;

(s) Cooperation Agreement Purchase of supplies and services made under the provisions of a cooperation

agreement financed in whole or in part by an international cooperation organization, if the agreement specifies different rules for such purchases;

(t) Joint Purchase Purchases of supplies or services made jointly with another government or a

department, agency or body under the jurisdiction of that government through an agreement or through an agency established to oversee such purchases provided that the purchases are made through an open tendering process;

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(u) Federal Contracts Purchases of supplies or services from standing offer or supply contracts established

by the federal government; (Note that other sections of the legislation already allow MASH entities to use provincial

contracts)

(v) Road Repair Materials Purchases of sand, stone, gravel, asphalt compound or pre-mixed concrete for

use in the construction or repair of roads where transportation costs or technical considerations restrict the available supply base to local sources of supply;

(v.1) Locally Owned Truck Transportation services provided by locally-owned trucks for hauling aggregate on

highway construction projects; (Note that use of this exemption is limited to very specific circumstances (i.e., highway

construction for hauling aggregate only)

(v.2) Sporting Events Services for sporting events if the sporting events have been procured by an

organization whose main purpose is to organize such events;

(v.3) Financial Analysts Services of financial analysts;

(v.4) Investment Management Services provided by an organization for the management of investments if the

management of investments is the primary purpose of the organization;

(v.5) Financial Services Financial services respecting the management of financial assets and liabilities,

including ancillary advisory and investment services and information services, whether or not delivered by a financial institution;

(v.6) Advertising and Public Relations Advertising and public relations services;

(w) Marketing Boards Purchase of products under supply management or regulated by provincial

marketing boards;

(x) Culture and Art Purchase of supplies and services related to cultural or artistic fields;

(y) Subscriptions Purchase of subscriptions to newspapers, magazines or other periodicals; and

(z) Third Party Purchase of supplies or services on behalf of a third party not covered by the Act or

this Regulation


Comm

unity Planning10.1 IntroductIon to communIty PlannIng

10.2 Planning tools

The Community Planning Act provides municipal councils and rural community councils with the necessary tools to plan and control development in their respective communities.

These tools include legal planning documents and by-laws. They set up the general policies and rules that would apply evenly throughout the municipality or the rural community. Some are broad and policy-oriented plans such as the municipal plan and the rural plan. Others are more detailed such as the zoning by-law, the subdivision by-law, the building by-law, etc.

a. Examples of Legal Planning Documents

Policy oriented plans Implementing by-laws Municipal Plan Zoning by-law Rural Plan Subdivision by-law Development Scheme Building by-law Urban renewal Deferred widening by-law

b. Modifications:

(i) Regular modifications

Community planning is a continuous process. Whether it is due to socioeconomic changes or to oversights, planning documents need to be updated on a regular basis. The Act states that planning documents should be reviewed no later than five years.

(ii) Exceptional measures

Some modifications are major and some are small. Also, particular developmental situations need some adjustments occasionally. These adjustments do not always require a change in the planning document and may only need some requirements to be waived. They are performed usually by an advisory body, namely the Planning District Commissions (for municipalities and rural communities that are member) or the Planning Advisory Committee for all other municipalities and rural communities. The Planning Advisory Committee or the Commission has the necessary discretionary power to make the adjustments.

c. Municipal Plans

The municipal development plan, known as “municipal plan” is a primary planning legal document adopted by a municipal council and contains policies and proposals that guide future development within the boundaries of that municipality (City, town or village). The municipal plan shall be prepared by a planner and must include statements of policy on several topics that the Community Planning Act specifies such as: the control & abatement of all forms of pollution of the natural environment. The municipal plan must also include a Generalized Future Land Use Map and a 5-year Capital Budget. The table below shows the minimum content of a municipal plan as required by the Community Planning Act.

Section 10 –

Community Planning


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unity Planning (i) Minimum Content of a Municipal Plan

Minimum Content of a municipal plan Reference Section of CPA Policy Statements �3(5)(a) (i) development & use of land in the municipality (ii) conservation & improvement of the physical environment (iii) control & abatement of all forms of pollution of the natural environment (iv) development of communication, utility and transportation systems (v) reservation & projected use of land for municipal services (vi) provision of municipal services & facilities: (A) sewage collection, treatment & disposal (B) water supply & distribution (C) garbage disposal (D) educational & cultural institutions (E) recreational facilities, parks, playgrounds and other public open spaces (F) fire & police facilities (G) cemeteries & crematoria (H) urban renewal (I) housing (J) preservation of buildings & sites of historical interest (K) facilities for the provision of health & social services (vii) co-ordination of programs of the council relating to the economic, social & physical development of the municipality (viii) other matters (integrated development zone, unsightly premises, quarries, preliminary study) Proposals �3(5)(b) 5-year Capital Budget �3(5)(c) Generalized Future Land Use Map �3(3)

All New Brunswick Cities and towns have a municipal plan

(ii) The Effect of a Municipal Plan:

While it could be suggested that a municipal plan does not regulate the use of land in a municipality, that is such a plan is merely a statement of intention and is of no binding effect, this position isn’t coherent with section �7 of the Act. The said section provides that while the adoption of a municipal plan does not commit the municipality or the Province to undertake any proposals outlined or contemplated, it shall prevent the undertaking of any development in any manner inconsistent or at variance with it. In the case of a municipality, no development is to be undertaken which is inconsistent or at variance with any proposal or policy as outlined or contemplated. In the case of the Province or a person, no development is to be undertaken which is inconsistent or at variance with any proposal as outlined or proposed.

d. Rural Plans for a Village or a Rural Community

Like a municipal plan for a municipality, a rural plan is the primary planning document for a village or a rural community. While a City or a Town cannot adopt a rural plan, a village can. A rural plan also guides the future development in the village or the rural community that adopts it. A rural plan includes statements of policy on the various development aspects in the community, but also includes zoning provisions that


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unity Planningcontrol such development. A rural plan is meant to be a practical document that combines guiding statements (policies) and implementation tool (zoning provisions).

The zoning provisions of a rural plan are the equivalent of a zoning by-law of a municipality that has such by-law.

(i) Minimum Content of a Rural Plan

The table below shows the minimum content of a rural plan as required by the Community Planning Act.

Minimum Content of a rural plan Reference Section of CPA Policy Statements �7.�(�)(a) (i) residential uses (ii) commercial uses (iii) institutional uses (iv) recreational facilities and public open spaces (v) resource uses (vi) protection of water supplies (vii) heritage buildings and sites of historical or archeological interest (viii) conservation of the physical environment, or (ix) such other matters that the council considers necessary.

Proposals �7.�(�)(b)

Zoning provisions �7.�(�)(c)

e. Development Scheme (sec. 32)

The council of a municipality or a rural community in which a municipal plan or rural plan is in effect may adopt a development scheme to carry out or amplify any proposal that is suggested in such plan or any project which is not inconsistent with. A development scheme resembles a municipal plan but is directed to a particular area of the municipality in greater detail than could be stated in a municipal plan. A development scheme consists of written statements, maps, drawing and other descriptive matter, and delineates the land affected. Such documentation must be sealed and signed by the clerk.

A development scheme shall describe the details of the development to be carried out and the manner in which the land will be subdivided or reserved, and in which the scheme is intended to be implemented.

Relative to the scheme area, it may prescribe the manner in which existing buildings or structures may be altered or repaired where such developments would not otherwise be permitted by the scheme. It may also prescribe developments for which no building permit is required.

The scheme may provide for the acquisition, assembly, consolidation sale or lease by the municipality or rural community of such land, buildings or structures necessary to carry out the scheme. It may indicate the land to be acquired to be used as streets, public buildings, schools, parks, recreation areas, or other public services, and provide for agreements with the landowners regarding such acquisition.

The scheme may allocate areas of land available for particular purposes at particular times, or specify the order and timing for subdivision or development of any particular part.


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unity PlanningIn a municipality that has a municipal plan, a development scheme must be prepared by a planner. For rural communities and villages that have a rural plan, the development scheme should be prepared by the same direction who prepared the rural plan.

Similar to a municipal plan, the adoption process for a development scheme shall include a public presentation according to section �5 of the Act. The effect of the development scheme adoption is also similar to that of a municipal plan, according to section �7 of the Act�.

Despite the adoption of any development scheme, a council may authorize the constructing, altering or repairing of any land, building or structure if in its opinion, such land, building or structure will conform to the scheme, or the owner enters into an agreement with the council containing such terms and conditions as council considers fit. When registered in the registry office, such an agreement is binding on any subsequent owner until discharged by the municipality or the rural community.

Where there is a conflict between a development scheme and a zoning by-law, subdivision by-law or zoning provisions in a rural plan, the development scheme prevails.

f. Urban Renewal Scheme (sec. 33)

A council may by an urban renewal by-law designate an area of the municipality or the rural community, as the case may be, as an area for urban renewal and adopt an urban renewal scheme for such an area. An urban renewal scheme is in fact a development scheme�, the name being retained in case the Federal Government re-enters the field. The provisions relative to a development scheme apply to an urban renewal scheme.

g. Zoning By-law (sec. 34)

A zoning by-law is intended to carry out the intent of the municipal plan. It is a means by which council can regulate development and control its impacts on the municipality.

A municipality that has a municipal plan is required by law to also have a zoning by-law. Unlike the minimum content that the Act is prescribing for a municipal plan, there is no minimum content required for a zoning by-law. But a zoning by-law shall divide the municipality into zones and prescribe the purpose for which land, buildings and structures may be used and prohibit the use for any other purpose. The content of a zoning by-law and how strict it is varies from one municipality to another according to their respective needs. Council has the choice to include or exclude some provisions as they consider fit. In a zoning by-law, council may choose to empower its Planning Advisory committee (PAC) or commission to decide on some discretionary issues. These discretionary powers conferred by council to PAC or the commission3 cannot be used unless they are mentioned in the zoning by-law.

(i) Content of a zoning by-law

The zoning by-law may regulate different aspects related to the physical development such as:

• the minimum size and dimensions of lots, • the height, number of storeys, ground area, floor area and bulk of buildings and

structures,

________________________________________________� Refer to the Effect of a Municipal Plan under �0.� (a)� A Guide to the Community Planning Act of New Brunswick by Joseph T. Robertson with WilliamE. Cooper, Fredericton N.B. �985 (page 3.8)


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unity Planning • the percentage of land that may be built upon, and the depth, size or area of yards,

courts, parking areas and open spaces, • the location and arrangement of buildings and structures, including their setting

back from the boundaries of streets and bodies of water, • the design, character and appearance of buildings and structures, • the placement, height and maintenance of fences, walls, hedges, shrubs, trees and

other objects, • the types, dimensions and location of means of access of lots to streets, • the facilities to be provided and maintained for off-street parking and loading of

vehicles, • the size of rooms and the means of lighting and ventilating buildings, • the excavation of sand, gravel, clay, shale, limestone or other deposit for purposes

of the sale or other commercial use of the material excavated, • the altering of land levels for building or other purposes in so far as this may affect

surface drainage, • the location, dimensions, standards of construction and purposes of public

advertisement, • the preservation and planting of trees, • the location of buildings and structures in relation to sources of public water

supply.

h. Subdivision By-law (sec. 42)

The Community Planning Act allows no person to subdivide any land affected by a properly filed subdivision by-law or regulation except by a subdivision plan�. Some subdivisions are however exempted from this requirement underparagraphs �8(�)(a) to (g).

(i) Content of a Subdivision By-law

A subdivision by-law may: • prescribe forms for tentative plans and fees to be paid by persons seeking approval

of tentative and subdivision plans; • prescribe standards for laying out public and future streets, land for public

purposes; • provide that every lot, block and other parcel of land in a subdivision shall abut o a street owned by the Crown or the municipality or rural community, as the

case may be, or o such access other than the above-noted street as may be approved by the

advisory committee or commission as being advisable for the development of land;

• require as a condition of approval of a subdivision plan that, where entry will be gained to the subdivision by means of an existing street or other access, by whomever owned, the person seeking approval of such plan shall

o make provision to bring the existing access to the same standard as may be required for streets within the subdivision, or

o contribute to the cost of work referred to above to the extent required for streets within the subdivision pursuant to the previous paragraph;

• prescribe classes of subdivisions with respect to o facilities required pursuant to paragraph ��(3)(i), o lot sizes in relation to water and sewerage services, or o land for public purposes; • require as to any subdivision or class of subdivision that land o in an amount indicated in the by-law not exceeding ten per cent of the area ________________________________________________3 With respect to some discretionary powers, namely those related to non-conforming uses, temporary permits, variances, similar and compatible uses, are conferred in the Community Planning Act to PAC and the Commission and do not need to be conferred by council.� A Guide to the Community Planning Act of New Brunswick by Joseph T. Robertson with William E. Cooper, Fredericton N.B. �985


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unity Planningof the subdivision exclusive of the land to be vested as public streets on the filing of the plan in the registry office, and

o at such location as may be approved pursuant to section 5�, is to be set aside as land for public purposes and so indicated on the subdivision plan, as a condition of approval of a subdivision plan;

• provide that in the discretion of the council or rural community council there is to be paid to the municipality or rural community, as the case may be, in lieu of setting aside land under a provision pursuant to paragraph (f ), such sums as may be indicated in the by-law not exceeding eight per cent of the market value of land in the subdivision at the time of submission for approval of the subdivision plan, exclusive of land indicated as streets intended to be publicly owned;

• subject to any applicable set-back regulation, where no rural plan for villages or rural plan for rural communities or zoning by-law is in effect, regulate by classes of subdivisions the location of buildings and structures on lots established after the adoption of a provision under this paragraph;

• require that a person proposing to subdivide land shall provide within the subdivision, or contribute to the cost thereof to the extent required by the by-law, such facilities as streets, curbing, sidewalks, culverts, drainage ditches, water and sewer lines and others as may be required by the by-law for that class of subdivision;

• provide that the development officer shall not approve a subdivision plan unless, in the opinion of the municipal council or rural community council,

o the council will be able in the foreseeable future to provide the proposed subdivision with streets, water and sewer lines, light, recreational areas or other facilities required by the bylaw for that class of subdivision,

o or the person proposing the subdivision has made satisfactory arrangements for providing such facilities, and

o the person proposing the subdivision has made satisfactory arrangements to • enter into an agreement with the council to comply with a provision

under paragraph ��(3)(i), relative to the required facilities, • deposit a sum sufficient to cover the cost with respect to facilities that the

by-law requires him to pay, or • deliver to the municipality or rural community a performance bond, in an

amount sufficient to cover the cost mentioned in clause (B); • provide that the development officer shall not approve a subdivision plan if, in his

opinion and in the opinion of the advisory committee or commission, o the land is not suited to the purpose for which it is intended or may not

reasonably be expected to be used for that purpose within a reasonable time after the subdivision plan is approved, or

o the proposed manner of subdividing will prejudice the possibility of further subdividing the land or the convenient subdividing of adjoining land;

• provide that names of streets in subdivisions are subject to the approval of the advisory committee or commission.

i. Building By-law (sec. 59)

A building by-law is a tool the municipal council or rural community council may use to prescribe standards for the building, locating or relocating, demolishing, altering, structurally altering, repairing or replacing of a building or a structure. Council may prescribe such standards by reference to the relevant parts of the National Building Code.

j. Other By-laws (Flood Risk Area by-laws, Deferred Widening, etc)

Municipal plans, rural plans and zoning by-laws are basic planning tools to municipalities and rural communities. However, some of these municipalities and rural communities may have specific situations were they need additional tools to deal with development. For instance a municipality may include areas prone to


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unity Planningflooding. Another municipality may determine that land is required for the purposes of widening an existing street and need to prohibit the planning of anything on land between the street and a certain line. The Community Planning Act allows council to adopt by-laws enabling the municipalities and rural communities to deal with such issues.

(i) Flood Risk Area By-law (sec. 41.1)

Municipalities and rural communities that have flood prone areas may request the Minister of Environment to designate those areas as “flood risk areas”. Once the areas are designated, council may enact a flood risk area by-law which purpose is to maintain an adequate floodway for conveyance of flood waters, to conserve the flood-water storage capacity of any area, to protect new development from the risk of flood damage. Such development includes but is not limited to: erecting, replacing, altering a building or structure; the resurfacing of any area; the alteration of land levels or the excavation; the placing or dumping of landfill in any manner.

A flood risk area by-law may provide for a system of permits including the manner of application, the fees to be paid, the conditions of their issuance, refusal or cancellation.

Despite a flood risk area by-law that may require a development not to reduce the flood water storage capacity, council may by resolution permit a development where the developer establishes that he is unable to provide the additional storage capacity for flood water displaced by the development and where the developer has paid to the municipality or the rural community, as the case may be, an amount of money sufficient to enable them to provide for equivalent flood water storage capacity, whether within or without the flood risk area.

(ii) Deferred Widening By-law (sec. 60)

Where a council determines that land is required for the purposes of widening, altering or diverting an existing street or of constructing a new street, it may enact a deferred widening by-law.

The by-law will indicate the intention of council to acquire land for these purposes and will set out the proposed boundaries of the existing or new street. The by-law will establish building lines for such widened, altered, diverted or new street and prohibit the placing, altering or repairing of anything on land between the street (or proposed street) and a building line established in order to carry out the stated objectives of the bylaw.

Street lines, building lines and lands proposed to be acquired shall be shown on a map or plan attached to the by-law. Such plan or map must carry the seal of the municipality or rural community, as the case may be, and certified by the clerk.

This by-law will only take effect when filed in the registry office. Once it is filed, no person may place, erect, alter or repair anything on land between the street and building line. The by-law is only effective for a period of five years. However, a council may extend the period of effectiveness by re-enacting or replacing the by-law.

Notwithstanding the by-law, a person may make repairs, if council permits. A person may also place, erect or alter a building or structure, if the owner agrees to make such land available to council in accordance with terms and conditions as may be agreed upon in writing. The provisions of subsection 3�(�) (development


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unity Planningscheme) with respect to an agreement apply with the necessary modifications to an agreement in relation to a Deferred Widening By-law.

At any time after filing the by-law, council may proceed to acquire the land. However, after the filing of the by-law, if the owner requests the council in writing to purchase the land, and the land is free of buildings and structures, council will only have six months from the date of the request, to proceed and acquire the land.

The by-law shall be consistent with any applicable municipal plan, rural plan, development scheme or urban renewal scheme.

(iii) Controlled Access Street By-law (sec. 64)

Council may by a controlled access street by-law declare all or any part of any existing or proposed publicly owned street to be controlled access street, and restrict access to such street. Council may also prohibit any development on properties abutting on the street and that are in the opinion of the advisory committee or the commission, would interfere with the use of such street.

Notwithstanding the by-law, but only with the approval of the advisory committee or the commission, a property shall retain an access if as a result of the by-law of would have no access. Such a property may also be provided by the municipality or rural community, as the case may be, with an alternative access to another street at a place approved by the advisory committee or commission. The width of the access has to be determined by council.

The controlled access street by-law shall be consistent with any applicable municipal plan, rural plan, development scheme or urban renewal scheme.

k. Exceptional measures (Variance, Non-conforming Uses, Temporary Permits, Similar and Compatible Uses)

Occasionally, proponents submit development proposals that do not conform to the by-laws in place. Some of these proposals require changes in the by-laws. Others don’t need such changes in the by-laws but need some adjustments. Different situations need different adjustments. Below are some of the adjustments that may be done under the Act and how they can be used:

(i) Variances5:

The Community Planning Act allows planning advisory committees and planning commissions to permit an exception from zoning provisions and subdivision standards to allow for particular development. Developers usually request to be granted a variance to the dimensional requirements of the zoning provisions such as setbacks from property lines, heights of buildings and structures, or from the dimensional standards prescribed for new lots created by subdivision. These requests are the result of circumstances that may not allow for the developer to meet the zoning requirements or subdivision standards.

(ii) Non-conforming Uses6:

Sections �0 and �� of the Community Planning Act regulate how non-conforming uses shall be handled and this include discretionary powers to the planning commissions, planning advisory committees and municipal councils. These powers include:

________________________________________________5 Refer to Operational Protocol: “Variances”


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unity Planning 1. 10-month period Paragraph �0(�)(a) of the Community Planning Act stipulates that a non-

conforming use may continue notwithstanding the zoning by-law or regulation or rural plan but if such use is discontinued for a consecutive period of ten months, or such further period as the advisory committee or commission, as the case may be, considers fit, it shall not be recommenced and any further use of the land, building or structure shall conform with the zoning by-law or regulation or rural plan.

2. Non-conforming use in Damaged Building Paragraph �0(�)(b) of the Community Planning Act stipulates that a non-

conforming use may continue notwithstanding the zoning by-law or regulation or rural plan but if a building or structure so used has, in the opinion of the advisory committee or commission, as the case may be, been damaged to the extent of at least half of the whole building or structure, exclusive of the foundation, the building or structure shall not be repaired or restored or used except in conformity with the zoning by-law or regulation or rural plan, unless the advisory committee or commission agrees otherwise, and, in the case of a by-law, the council may purchase or otherwise acquire the parcel of land on which such building or structure is situated.

3. Non-conforming use in a new portion of the building Subsection �0(3) of the Community Planning Act stipulates that a non-conforming

use of a part of a building may be extended throughout the building, except that, where a portion of the building was constructed subsequent to the date the use became non-conforming, the use shall not be extended into that portion without the consent of the advisory committee or commission.

4. Similar non-conforming uses Subsection �0(�) of the Community Planning Act stipulates that with the consent

of the advisory committee or commission, as the case may be, a non-conforming use may be changed to a similar non-conforming use (emphasis added).

5. Enlarging a building containing a non-conforming use Subsection �0(5) of the Community Planning Act stipulates that except as

required by statute, by-law or regulation, a person shall not enlarge, add to or structurally alter a building containing a non-conforming use (emphasis added).

6. Maintenance of a non-conforming use Subsection ��(�) of the Community Planning Act stipulates that the council may

require that any land, building or structure containing a non-conforming use shall be maintained and kept in a condition appropriate to the area in which it is located, in accordance with standards prescribed by the council.

l. Temporary Permits7:

A zoning by-law or zoning provisions within a rural plan list permitted uses of land buildings or structures for a designated zone. As such, the list of permitted uses cannot accommodate all possible uses. The Community Planning Act recognizes this by providing a process for the consideration and approval of other types of uses that are seasonal or of a temporary nature. Developers who would like to have a short-term development that is not permitted use in a zoning by-law or the zoning provisions within a rural plan or zoning regulation apply for a temporary permit not exceeding one year. Planning advisory committees and planning commissions may grant this permit.


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unity Planningm. Similar and Compatible Uses:

A zoning by-law or zoning provisions within a rural plan list permitted uses of land buildings or structures for a designated zone. However, the list of permitted uses cannot accommodate all possible uses. The Community Planning Act recognizes this by providing a process for the consideration and approval of other types of uses that are in keeping with the intent of the zone designation. Planning advisory committees and planning commissions receive a number of requests from developers to permit a use that is sufficiently similar to or compatible with a permitted use in a zoning by-law or the zoning provisions within a rural plan or zoning regulation. 8

n. Discretionary Powers of Council:

(In development scheme (paragraph 3�(5)), urban renewal scheme (sec. 33), flood risk area by-law (paragraph ��.�(�)), deferred widening by-law (paragraph ��(�)), controlled access street by-law (paragraph ��(3)).

A council or rural community council, despite any development scheme by-law or urban renewal scheme, may authorize the constructing, altering or repairing of any land, building or structure if in its opinion, such land, building or structure will conform to the scheme, or subject to an agreement containing terms and conditions that the council may impose on the owners.

A council or a rural community council, despite any flood risk area by-law, may by resolution permit a development where the developer establishes that he is unable to provide the additional storage capacity for flood water displaced by the development and where the developer has paid to the municipality or the rural community, as the case may be, an amount of money sufficient to enable them to provide for equivalent flood water storage capacity, whether within or without the flood risk area.

A council or a rural community council, despite any deferred widening by-law, may allow a person to make repairs and to place, erect or alter a building or structure, if the owner agrees to make such land available to council in accordance with terms and conditions as may be agreed upon in writing.

In relation to a property that retains an access with the approval of the advisory committee or the commission despite a controlled access street by-law that would leave no access to the property, a council or a rural community council, as the case may be, has to determine the width of the access of the said property.

o. Available and Preferred Tools

(i) Zoning By-law vs. Flood Risk Areas By-law

A zoning by-law may include provisions to regulate development on flood risk areas. A municipality or a rural community may choose to adopt a separate Flood risk areas By-law to regulate such developments.

(ii) Rural Plan vs. Municipal Plan

In many cases, a rural plan for a village can accomplish the equivalent of what a municipal plan and zoning by-law combined can accomplish for towns and cities.

The advantage that a village adopts a rural plan rather than a municipal plan and a zoning by-law are numerous:

________________________________________________7 Refer to Protocol: Temporary Use requests8 Refer to Operational Protocol “Similar To and Compatible With” Requests


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unity Planning • Administer one document instead of two; • More streamlined process: less steps required by the Act: For instance no public

presentation (under section �5 of the Act) is required in the adoption process • Amendments will be made to one document instead of two; • Time saving and less expensive to adopt, administer and update • Lower risk to include conflicts within the same document • Zoning-related amendments don’t need Ministerial approval

(iii) Zoning By-law vs. Subdivision By-law

A zoning by-law and a subdivision by-law alike may provide for the minimum size and dimensions of lots into which land may be subdivided. The rationale that the zoning by-law may include such provision is that a municipality may not wish to enact a subdivision by-law because of administrative difficulties, etc. Yet, it has the option of prescribing standards with respect to the minimum size of a lot.

p. Official Languages Act (Under development)

q. Applicability of Provincial Regulations (Provincial Regulations applicable to incorporated areas (Application of Subdivision & Building Regulations in Communities not having such legislation)

The Provincial Subdivision Regulation applies in a village or rural community that doesn’t have a subdivision by-law in effect.

The Provincial Building regulations apply in the designated areas in a rural community that doesn’t have a building by-law in effect.

The Provincial Setback Regulation applies in a village that doesn’t have a zoning by-law in effect and in a rural community that doesn’t have a rural plan in effect.

r. Conflict Between a Municipal Plan and a Zoning By-law

The Act states that where there is a conflict between a municipal plan and a zoning by-law, the municipal plan prevails. Conflict should be avoided in drafting the two documents. The municipal plan should be more of general nature and not be too prescriptive but it needs also not to be too vague, or it defeats its purpose. The zoning by-law should be precise enough and not contradict the policies or proposals of the municipal plan.

10.3 Municipal Plan - Adoption Process

a. Adoption

Adoption process for a municipal plan: Process for Enacting, Amending orRepealing a Municipal Plan By-Law under the Community Planning Act

(i) General

�. Council may prepare a municipal plan by-law for the municipality. [CPA �3(�)] �. Council may enact, amend or repeal a municipal plan by-law. [CPA ��(�), 7�(�)] 3. The process of amending or repealing a municipal plan by-law is the same as that

of enacting the plan. [CPA 7�(�)] �. Council shall review an existing municipal plan when it considers it necessary, but

not later than 5 years from its coming into effect. [CPA 7�] 5. A municipal plan shall be prepared under the direction of,

a) where a municipal planning director, being a planner, has been appointed, such director or a planning consultant engaged by Council and responsible to the director;


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unity Planning b) where a municipal planning officer has been appointed, being the

development officer, a planning consultant engaged by Council and responsible to Council; or

c) in the case of a municipality in a planning district, i) a planning consultant engaged by and responsible to Council, or ii) the district director, where the commission prepares the plan. [CPA �3(�)(a),

��(�), ��(�)] �. A council of a municipality, not in a planning commission, shall make such an

appointment upon adopting a resolution to publish a notice in a local newspaper stating its intention to adopt a municipal plan, as a preliminary to conducting a public presentation. [CPA ��(�)]

7. A background report is required, as a basis for the municipal plan, on the municipality’s present or future economic, social or physical conditions. [CPA �3(�)(b)]

8. A municipal plan shall contain a) statements of policy; b) proposals as are advisable by Council for the implementation of policies; c) a 5-year capital budget for the physical development of the municipality; and d) a map showing the zones into which the municipality is proposed to be

divided by the zoning by-law. [CPA �3(5), �3(3)] 9. Adoption of a municipal plan shall not commit the municipality to undertake

any proposal therein but shall prevent the undertaking of any development in a manner inconsistent or at variance witha) by the municipality, any proposal or policy; orb) by the Province or a person, any proposal. [CPA �7]

�0. Where there is a conflict between a municipal plan and a zoning or subdivision by-law, the municipal plan prevails. [CPA �7.�]

��. No person shall undertake a development and no building permit or development and building permit shall be issued unless the development officer approves an application as conforming with the existing municipal plan or proposed municipal plan, commencing when Council, by resolution, fixes a day and place for objections to the proposed plan and ceasing when the proposed plan becomes valid or invalid due to the decision by Council, the closing of the �-month time period from the date of the public hearing’s �st public notice or the failure to file a certified copy in the registry office within a reasonable time. [CPA 8�]

��. A proposal to re-zone a specific parcel of land may result in amending both the municipal plan by-law and the zoning by-law, particularly due to the similarity in the maps attached to each.

�3. Council may submit a proposed municipal plan to the Provincial Planning Director for review. [CPA 73]

(ii) Public Presentation

��. Council shall publish a notice in a locally circulated newspaper at least �0, and no more than ��, days prior to the day for a public presentation of the proposed plan, stating

a) its intention to adopt a new municipal plan; b) the day and place for a public presentation; and c) that objections may be made within 30 days of the day of the public

presentation. [CPA �5(�)]

(iii) Views of Planning Advisory Committee

�5. Council shall request in writing the written views of the Planning Advisory Committee on the proposed plan and on any change made in the proposed plan resulting from the views given by the Planning Advisory Committee from a previous request by Council. [CPA ��(�)]


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unity Planning ��. A municipal plan by-law or amendment, although enacted by Council, is not valid

unless the views of the Planning Advisory Committee have been requested. [CPA ��(�)]

�7. The Planning Advisory Committee shall be understood to have approved a proposed plan if it fails to give the views requested within 30 days of the request or within a longer period as Council may decide. [CPA ��(3)]

(iv) Public Hearing

�8. Council shall select a day and place for a public hearing and set a suitable time and place for public inspection of the proposed municipal plan. [CPA �7(�), �8(�)(a), �8(3)(a)]

�9. Council shall publish a notification of the public hearing according to one of the following procedures:

a) if a daily newspaper is circulated in the municipality, publish twice a notice, the first to be published not less than �� and not more than 30 days before the date of the public hearing and the second not less than � and not more than 7 days before such day; or

b) if a weekly newspaper is circulated in the municipality, publish twice a notice, the first to be published not less than �� and not more than 30 days before the date of the public hearing and the second not less than � and not more than �� days before such day. [CPA �8(�)(b)]

�0. The notice of the public hearing shall contain a) a brief explanation of the nature of the hearing; [CPA �8(�)(d)] b) a general description of the area affected; [CPA �8(�)(a)] c) the location and hours for a public inspection of the proposed plan; [CPA

�8(�)(b)] d) the time and place for a public hearing to raise objections to the proposed

plan; [CPA �8(�)(b)] e) the time limit for the submission of written objections; [CPA �8(3)(b)] and f ) the person’s name and address to whom written objections may be sent. [CPA

�8(�)(c)] ��. Should Council substantially amend the proposed municipal plan after the

�st publication of the public hearing notice, the amendment must proceed exclusively through the entire enactment process prior to the initial process continuing. [CPA �8(5)]

(v) Enactment and Adoption by Council

��. No municipal plan by-law is valid unless a majority of the whole Council votes in favour of it on the 3rd reading by title. [CPA ��(3), �5(3)]

�3. Enactment of the by-law is subject to the appropriate sections of the Municipalities Act, such as sections �0.�, �0.�, �� and 90.7.

��. To become enacted, the proposed municipal plan by-law must be voted on by Council within � months of the date of the �st public hearing notice. [CPA �8(�)]

(vi) Approval by Minister and Other Requirements

�5. In order that the enacted municipal plan by-law come into force, Council must: a) forward to the Minister a submittal for approval within � months of the date

of the �st public hearing notice; [CPA �8(�), �9(�)(a)] and b) file in the registry office a certified copy thereof bearing the Minister’s

approval. [CPA �9(�)(b)] ��. A submittal for the Minister’s approval consists of

a) � copies of the proposed by-law, certified as correct by the Clerk; b) a statutory declaration by the clerk of compliance with sections �5, �� and �8

of the Community Planning Act; and c) a copy of any background report on which the by-law was based. [CPA �9(�),

7�(�)]


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unity Planning �7. In addition, Council shall publish in a locally circulated newspaper a notice stating

the Minister’s approval and information as to its filing, and send a copy of such notice to the Minister. [CPA �9(�)(c), �9(�)(d)]

b. Adoption Process for a Rural Plan for Villages: Process for Enacting, Amending or Repealing a Village’s Rural Plan By-Law under the Community Planning Act

(i) Items to be Initially Considered

�. In amending a rural plan, Council must follow the same process as applied to enacting the initial by-law [7�(�)]. Nevertheless, for a rural plan, only amendments to its policies or proposals need be submitted to the Minister for approval. Amendments to the zoning provisions are exempted [�9(�.�)].

�. However, as a result of amending a rural plan, should a discrepancy result between the amendment and an existing policy or proposal, the rural plan’s policy or proposal prevails and the amendment becomes ineffective [�7.�(�)]. To avoid this situation, all of a rural plan’s policies and proposals should be considered prior to a proposed development being approved.

3. Any proposed amendment can become a by-law changing the present rural plan and, therefore, should follow the Village’s usual format for a by-law. In the case of a re-zoning amendment, the map attached and referred to within a proposed amendment must clearly illustrate the lands being altered. As the map attached to the amendment changes the rural plan’s zoning map, it should be prepared based on the harmonious linking of the re-zoning information with the existing zoning map.

�. A village may choose to enact a municipal plan by-law and a zoning by-law or a rural plan by-law. [CPA �3(�)(a) or �7.�(�)] Should it select the second option, no zoning by-law would be necessary as, by its nature, a rural plan consists of policies, proposals, and zoning provisions. [CPA �7.�(�)]

(ii) Amendment Process

5. The developer begins the process by submitting an application to the Clerk, who activates the file and forwards it to the Development Officer.

�. The Development Officer reviews the information submitted, requests additional information, if considered necessary, and determines whether the application can be handled through the rural plan by-law or through a rezoning amendment to it.

7. Should a re-zoning amendment be necessary, the Clerk so notifies the developer and requests the application fee as specified within the rural plan by-law.

8. Upon receiving fees, the Clerk enters the re-zoning application onto Council’s itinerary for consideration.

9. At a meeting of Council, attended by the Development Officer to provide any requested explanations, the re-zoning application is considered.

�0. Council indicates, by resolution, its interest in continuing with the re-zoning, appoints the Development Officer as municipal planning director, if a planner, or as municipal planning officer, if not a planner and may return all or part of the application fee [��(�) and (�) & 39(�)(a)(i)]

��. Council selects a day and place for a public hearing and sets a suitable time and place for public inspection of the proposed amendment [�8(�)(a) & �8(3)(a)].

��. Council, through the Clerk, requests in writing the written views of the Planning Advisory Committee on the proposed amendment and on any change made in the proposed amendment subsequent to the initial view of the Committee [��(�) & ��(�)].

�3. As the Planning Advisory Committee may have two tasks to carry out on a development proposal requiring a re-zoning, one on the application itself and the other on the development permit, the Committee’s ability to most easily facilitate the issuing of a development permit after the re-zoning will depend on the information made available to it by the developer.


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unity Planning ��. The Planning Advisory Committee is understood to have approved a proposed

amendment if it fails to give the views requested within 30 days of the request or within a longer period as Council may decide [��(3)].

�5. Council sets by resolution reasonable terms and conditions concerning a) uses of the land, buildings and structures; b) site layout and design, including parking areas, landscaping and entry and

exit ways; c) external design, appearance and spacing of buildings and structures; and d) other matters that it considers relevant to the situation, and prescribes

time limits within which any part of the re-zoning application or terms and conditions shall be carried out [39(�)(a)].

��. Council has the proposed amendment prepared by the Development Officer, including any terms and conditions, and through the Clerk so informs the developer.

�7. Council has the notification of the public hearing prepared by the Development Officer and administered by the Clerk, according to one of the following procedures:

a) if a daily newspaper is circulated in the village, the notice is published twice, the first not less than �� and not more than 30 days before the date of the public hearing and the second not less than � and not more than 7 days before such day [�8(�)(b)(i)]; or

b) if a weekly newspaper is circulated in the village, the notice is published twice, the first not less than �� and not more than 30 days before the date of the public hearing and the second not less than � and not more than �� days before such day [�8(�)(b)(ii)].

�8. Where the proposed amendment is a re-zoning, and not any other form of amendment such as to the rural plan’s policies or proposals, Council may replace publishing the second notice by

a) providing written notice to the landowners within the area to be re-zoned and within �00 metres thereof [�8(7)(a)]; or

b) posting a notice in a prominent place on the property to be re-zoned [�8(7)(b)]. �9. The public hearing notice shall contain

a) a brief explanation of the nature of the amendment [�8(�)(d)]; b) a reference to street name and civic number [�8(�)(a)]; c) the location and hours for a public inspection of the proposed amendment

[�8(�)(b)]; d) the time and place for a public hearing to raise objections to the proposed

amendment [�7.�(7)]; e) the time limit of �� days after the date of the public hearing for the submission

of written objections [�7.�(7)]; and f ) the Clerk’s name and address to whom written objections may be sent

[�8(�)(c)]. �0. The public has �� days after the public hearing to submit written comments or

objections to the Clerk for Council’s consideration [�7.�(�)]. ��. After the public hearing, Council reviews the initial terms and conditions, and any

submitted written comments or objections, and may enter into an agreement with the developer, respecting matters contained in the proposed amendment and such additional matters as the parties may agree, to assure that the land and any building or structure thereon shall be developed and used in accordance with the terms and conditions of the agreement [39(�)(b) & �8(3)(b)].

��. Should Council substantially change the proposed amendment after the first publication for the public hearing, then these changes themselves must complete the amendment process prior to continuing with the initial amendment [�7.�(8)]

�3. After the ��-day period following the date of the public hearing, Council may vote on the proposed amendment, subject to the following conditions:

a) if the Planning Advisory Committee has submitted a disapproval of a proposed amendment, a majority of the whole Council must vote in favour of the proposal on 3rd reading by title [��(�) & �5(3)]; and


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unity Planning b) where written objection to a proposed amendment is signed by the owners of

at least �/3 of the area of the land within the area affected thereby and within �00 metres thereof, but not including land owned by any person who made application for such amendment, and is presented to Council not less than � days before the public hearing, the proposed amendment shall not become valid unless a majority of the whole Council votes in favour of it [70].

��. In order that the proposed amendment comes into effect, it must be a) enacted by Council within � months of the date of �st notice of the public

hearing [�8(�)]; b) where the proposed amendment involves any changes to the rural plan’s

policies or proposals, submitted for the Minister’s approval within � months of the date of �st notice of the public hearing [�8(�), �9(�)(a) & �9(�.�)]; and

c) filed as a certified copy bearing, if required, the Minister’s approval [�9(�)(b)]. �5. In addition, the following are also required:

a) the publishing of a notice in a newspaper circulated in the Village stating the Minister’s approval, where such approval is required, and information as to its filing [�9(�)(c)]; and

b) where the Minister’s approval is required, the forwarding of a copy of the aforementioned notice to the Minister [�9(�)(d)].

��. A submittal for the Minister’s approval must be accompanied by a) � copies of the proposed by-law, certified as correct by the Clerk;

b) a statutory declaration by the clerk of compliance with sections �7.�, �� and �8 of the Community Planning Act; and

c) a copy of any report on which the by-law was based [�9(�) & 7�(�)].

c. Adoption process for a Zoning By-law: Process for Enacting, Amending or Repealing a Zoning By-law under the Community Planning Act

(i) General

�. Upon adoption of a municipal plan, Council shall a) proceed to draft a zoning by-law to carry out the intent of the plan; and b) enact a zoning by-law within

i) one year, or ii) such longer period or periods, not to exceed a total of two years, as the

Minister, after consultation with the municipality, may decide. [CPA 3�(�)] �. The process of amending or repealing a zoning by-law is the same as that of

enacting the zoning by-law. [CPA 7�(�)] 3. Where there is a conflict between a municipal plan and a zoning by-law, the

municipal plan prevails. [CPA �7.�] �. A council of a municipality, not in a planning commission and not already having

a planner as municipal planning director or development officer as municipal planning officer, shall make such an appointment upon adopting a resolution to select a day and place for a public hearing. [CPA ��(�), ��(�)]

5. No person shall undertake a development and no building permit or development and building permit shall be issued unless the development officer approves an application as conforming with

a) the existing municipal plan and zoning by-laws; or b) a proposed zoning by-law, should Council, by resolution, wish to prohibit any

development in the area affected by the proposed by-law until the said by-law becomes valid or invalid. (Such resolution ceases to be effective after �� days from the day on which it is adopted unless the date of the �st public hearing notice occurs before the expiration of the �� days. The proposed by-law becomes invalid if not enacted prior to the closing of the �-month time period from the date of the �st public hearing notice or by failure to file a certified copy in the registry office within a reasonable time.) [CPA �8(�), 7�, 8�]

�. A proposal to re-zone a specific parcel of land may result in amending both the municipal plan by-law and the zoning by-law, most often due to the similarity of maps attached to both.


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unity Planning(ii) Views of Planning Advisory Committee

7. Council shall request in writing the written views of the Planning Advisory Committee on the proposed by-law and on any change made in the said by-law subsequent to the giving of views by the Planning Advisory Committee. [CPA ��(�)]

8. A zoning by-law, although enacted by Council, is not valid unless the views of the Planning Advisory Committee have been requested. [CPA ��(�)(a)]

9. The Planning Advisory Committee shall be understood to have approved a proposed by-law if it fails to give the views requested within 30 days of the request or within a longer period as Council may decide. [CPA ��(3)]

(iii) Public Hearing

�0. Council shall select a day and place for a public hearing and set a suitable time and place for public inspection of the proposed by-law. [CPA �7(�), �8(�)(a), �8(3)(a)]

��. Council shall publish a notification of the public hearing according to one of the following procedures:

a) if a daily newspaper is circulated in the municipality, publish twice a notice, the first to be published not less than �� and not more than 30 days before the date of the public hearing and the second not less than � and not more than 7 days before such day; or

b) if a weekly newspaper is circulated in the municipality, publish twice a notice, the first to be published not less than �� and not more than 30 days before the date of the public hearing and the second not less than � and not more than �� days before such day. [CPA �8(�)(b)]

��. The notice of the public hearing shall contain a) a brief explanation of the nature of the hearing; [CPA �8(�)(d)] b) a general description of the area affected; [CPA �8(�)(a)] c) the location and hours for a public inspection of the proposed by-law; [CPA

�8(�)(b)] d) the time and place for a public hearing to raise objections to the proposed by-

law; [CPA �8(�)(b)] e) the time limit for the submission of written objections; [CPA �8(3)(b)] and f ) the person’s name and address to whom written objections may be sent. [CPA

�8(�)(c)] �3. Where it is proposed to amend a zoning by-law for the re-zoning of an area of

land, Council is not required to publish a second notice of a public hearing if a) the owners of land within the area and within �00 metres thereof, other

than the applicant for the re-zoning, are advised in writing of the proposed amendment; or

b) a notice of the proposed amendment is posted in a prominent place on the property proposed to be re-zoned. [CPA �8(7)]

��. Should Council substantially amend the proposed by-law after the date of the �st public hearing notice, the amendment must proceed exclusively through the entire enactment process prior to the initial process continuing. [CPA �8(5)]

(iv) Voting by Council

�5. If the proposed by-law fails to give effect to the written views of the Planning Advisory Committee, it is not valid unless a majority of the whole Council votes in favour of it. [CPA ��(�)(b)]

��. Where written objection to the proposed by-law is signed by the owners of at least �/3 of the area of lands within the area affected and within �00 metres thereof, but not including land owned by the applicant for such an amendment, and is presented to Council not less than � days before the public hearing, the by-law shall not become valid unless a majority of the whole Council votes in favour of it. [CPA 70]


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unity Planning �7. Passage of the proposed by-law is subject to the appropriate sections of the

Municipalities Act, such as sections �0.�, �0.�, �� and 90.7. �8. To become enacted, Council must vote on the proposed by-law within � months

of the date of the �st public hearing notice. [CPA �8(�)]

(v) Other Requirements

�9. In order that the enacted by-law come into effect, Council must a) file in the registry office a certified copy thereof; [CPA �9(�)(b)] and b) publish in a locally circulated newspaper a notice stating the filing information.

[CPA �9(�)(c)]

d. Adoption Process for Rural Plan for Rural Communities: Process for Enacting, Amending or Repealing a Rural Community’s Rural Plan By-Law under the Community Planning Act

(i) Items to be Initially Considered

�. A rural community council may adopt by by-law a rural plan for the rural community. [77.�(�)]

�. The content of a rural plan with respect to policies, proposals and zoning provisions are the same as that of a village with one exception, namely, the prescribing of a system of permits. [77.�(�)] The process for enacting, amending or repealing a rural community’s rural plan by-law is the same as for a village. [77.�(3)]

3. In amending a rural plan, Council must follow the same process as applied to enacting the initial by-law [7�(�)]. Nevertheless, for a rural plan, only amendments to its policies or proposals need be submitted to the Minister for approval. Amendments to the zoning provisions are exempted [�9(�.�)].

�. However, as a result of amending a rural plan, should a discrepancy result between the amendment and an existing policy or proposal, the rural plan’s policy or proposal prevails and the amendment becomes ineffective [�7.�(�)]. To avoid this situation, all of a rural plan’s policies and proposals should be considered prior to a proposed development being approved.

5. Any proposed amendment can become a by-law changing the present rural plan and, therefore, should follow the Rural Community’s usual format for a by-law. In the case of a re-zoning amendment, the map attached and referred to within a proposed amendment must clearly illustrate the lands being altered. As the map attached to the amendment changes the rural plan’s zoning map, it should be prepared based on the harmonious linking of the re-zoning information with the existing zoning map.

(ii) Amendment Process

�. The developer begins the process by submitting an application to the Clerk, who activates the file and forwards it to the Development Officer.

7. The Development Officer reviews the information submitted, requests additional information, if considered necessary, and determines whether the application can be handled through the rural plan by-law or through a rezoning amendment to it.

8. Should a re-zoning amendment be necessary, the Clerk so notifies the developer and requests the application fee as specified within the rural plan by-law.

9. Upon receiving fees, the Clerk enters the re-zoning application onto Council’s itinerary for consideration.

�0. At a meeting of Council, attended by the Development Officer to provide any requested explanations, the re-zoning application is considered.

��. Council indicates, by resolution, its interest in continuing with the re-zoning, appoints the Development Officer as municipal planning director, if a planner, or as municipal planning officer, if not a planner and may return all or part of the application fee [��(�) and (�) & 39(�)(a)(i)]


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unity Planning ��. Council selects a day and place for a public hearing and sets a suitable time and

place for public inspection of the proposed amendment [�8(�)(a) & �8(3)(a)]. �3. Council, through the Clerk, requests in writing the written views of the Planning

Advisory Committee on the proposed amendment and on any change made in the proposed amendment subsequent to the initial view of the Committee [��(�) & ��(�)].

��. As the Planning Advisory Committee may have two tasks to carry out on a development proposal requiring a re-zoning, one on the application itself and the other on the development permit, the Committee’s ability to most easily facilitate the issuing of a development permit after the re-zoning will depend on the information made available to it by the developer.

�5. The Planning Advisory Committee is understood to have approved a proposed amendment if it fails to give the views requested within 30 days of the request or within a longer period as Council may decide [��(3)].

��. Council sets by resolution reasonable terms and conditions concerning a) uses of the land, buildings and structures; b) site layout and design, including parking areas, landscaping and entry and exit

ways; c) external design, appearance and spacing of buildings and structures; and d) other matters that it considers relevant to the situation, and prescribes

time limits within which any part of the re-zoning application or terms and conditions shall be carried out [39(�)(a)].

�7. Council has the proposed amendment prepared by the Development Officer, including any terms and conditions, and through the Clerk so informs the developer.

�8. Council has the notification of the public hearing prepared by the Development Officer and administered by the Clerk, according to one of the following procedures:

a) if a daily newspaper is circulated in the rural community, the notice is published twice, the first not less than �� and not more than 30 days before the date of the public hearing and the second not less than � and not more than 7 days before such day [�8(�)(b)(i)]; or

b) if a weekly newspaper is circulated in the rural community, the notice is published twice, the first not less than �� and not more than 30 days before the date of the public hearing and the second not less than � and not more than �� days before such day [�8(�)(b)(ii)].

�9. Where the proposed amendment is a re-zoning, and not any other form of amendment such as to the rural plan’s policies or proposals, Council may replace publishing the second notice by

a) providing written notice to the landowners within the area to be rezoned and within �00 metres thereof [�8(7)(a)]; or

b) posting a notice in a prominent place on the property to be re-zoned [�8(7)(b)]. �0. The public hearing notice shall contain

a) a brief explanation of the nature of the amendment [�8(�)(d)]; b) a reference to street name and civic number [�8(�)(a)]; c) the location and hours for a public inspection of the proposed amendment

[�8(�)(b)]; d) the time and place for a public hearing to raise objections to the proposed

amendment [�7.�(7)]; e) the time limit of �� days after the date of the public hearing for the submission

of written objections [�7.�(7)]; and f ) the Clerk’s name and address to whom written objections may be sent

[�8(�)(c)]. ��. The public has �� days after the public hearing to submit written comments or

objections to the Clerk for Council’s consideration [�7.�(�)]. ��. After the public hearing, Council reviews the initial terms and conditions, and any

submitted written comments or objections, and may enter into an agreement with the developer, respecting matters contained in the proposed amendment


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unity Planningand such additional matters as the parties may agree, to assure that the land and any building or structure thereon shall be developed and used in accordance with the terms and conditions of the agreement [39(�)(b) & �8(3)(b)].

�3. Should Council substantially change the proposed amendment after the first publication for the public hearing, then these changes themselves must complete the amendment process prior to continuing with the initial amendment [�7.�(8)].

��. After the ��-day period following the date of the public hearing, Council may vote on the proposed amendment, subject to the following conditions:

a) if the Planning Advisory Committee has submitted a disapproval of a proposed amendment, a majority of the whole Council must vote in favour of the proposal on 3rd reading by title [��(�) & �5(3)]; and

b) where written objection to a proposed amendment is signed by the owners of at least �/3 of the area of the land within the area affected thereby and within �00 metres thereof, but not including land owned by any person who made application for such amendment, and is presented to Council not less than � days before the public hearing, the proposed amendment shall not become valid unless a majority of the whole Council votes in favour of it [70].

�5. In order that the proposed amendment comes into effect, it must be a) enacted by Council within � months of the date of �st notice of the public

hearing [�8(�)]; b) where the proposed amendment involves any changes to the rural plan’s

policies or proposals, submitted for the Minister’s approval within � months of the date of �st notice of the public hearing [�8(�), �9(�)(a) & �9(�.�)]; and

c) filed as a certified copy bearing, if required, the Minister’s approval [�9(�)(b)]. ��. In addition, the following are also required:

a) the publishing of a notice in a newspaper circulated in the Rural Community stating the Minister’s approval, where such approval is required, and information as to its filing [�9(�)(c)]; and

b) where the Minister’s approval is required, the forwarding of a copy of the aforementioned notice to the Minister [�9(�)(d)].

�7. A submittal for the Minister’s approval must be accompanied by a) � copies of the proposed by-law, certified as correct by the Clerk; b) a statutory declaration by the clerk of compliance with sections �7.�, �� and �8

of the Community Planning Act; and c) a copy of any report on which the by-law was based [�9(�) & 7�(�)].

e. Adoption Process for a Building By-law: Process for Enacting, Amending or Repealing a Building By-Law under the Community Planning Act

(i) General

�. Council may enact a building by-law to prescribe standards for the building, locating or relocating, demolishing, altering, structurally altering, repairing or replacing, or any combination thereof, of a building or structure. [CPA 59(�)]

�. Generally, the standards to be adopted must be those of the National Building Code, or a portion thereof, in relation to buildings and structures. [CPA 59(3)]

(ii) Views of Planning Advisory Committee

3. Council shall request in writing the written views of the Planning Advisory Committee on the proposed by-law and on any change made in the proposed by-law resulting from the views given by the Planning Advisory Committee from a previous request by Council. [CPA ��(�)]

�. A building by-law, although enacted by Council, is not valid unless the views of the Planning Advisory Committee have been requested. [CPA ��(�)(a)]



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unity Planning(iii) Voting by Council

�. If the by-law fails to give effect to the written views of the Planning Advisory Committee, a majority of the whole Council votes in favour of it. [CPA ��(�)(b)]

7. Passage of the by-law is subject to the appropriate sections of the Municipalities Act, such as sections �0.�, �0.�, �� and 90.7.

(iv) Other Requirements

8. The public hearing procedure of section �9 of the Community Planning Act is not required for a building by-law to become valid. [CPA �7(�)(a)]

9. In order that the enacted by-law comes into effect, Council must a) file in the registry office a certified copy thereof; [CPA �7(�)(b) & �9(�)(b)] and c) publish in a locally circulated newspaper a notice stating the information as to

its filing. [CPA �9(�)(c)]

f. Adoption Process for a Subdivision By-law: Process for Enacting, Amending or Repealing a Subdivision By-Law Under the Community Planning Act

(i) General

�. Council may enact a subdivision by-law to regulate the subdividing of land in the municipality. [CPA ��(�)]

�. Such by-law shall be consistent with an applicable regional plan, rural plan for a village, municipal plan or basic planning statement. [CPA ��(�)]

(ii) Views of Planning Advisory Committee

3. Council shall request in writing the written views of the Planning Advisory Committee on the proposed by-law and on any change made in the proposed by-law resulting from the views given by the Planning Advisory Committee from a previous request by Council. [CPA ��(�)]

�. A subdivision by-law, although enacted by Council, is not valid unless the views of the Planning Advisory Committee have been requested. [CPA ��(�)(a)]


(iii) Voting by Council

�. If the by-law fails to give effect to the written views of the Planning Advisory Committee, a majority of the whole Council votes in favour of it. [CPA ��(�)(b)]

7. Passage of the by-law is subject to the appropriate sections of the Municipalities Act, such as sections �0.�, �0.�, �� and 90.7.

(iv) Other Requirements

8. The public hearing procedure of section �9 of the Community Planning Act is not required for a subdivision by-law to become valid. [CPA �7(�)(a)]

9. In order that the enacted by-law comes into effect, Council must a) file in the registry office a certified copy thereof; [CPA �7(�)(b) & �9(�)(b)] and c) publish in a locally circulated newspaper a notice stating the information as to

its filing. [CPA �9(�)(c)]


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unity Planningg. Voting by Council:

With the exception of subsection ��(�.�), the provisions of section �� of the Municipalities Act apply to the enactment of a by-law under the Community Planning Act, namely, no by-law under this Act is valid until it is

(a) read three times by title; (b) read in its entirety in a regular or special meeting of council at least once prior

to third reading by title; but where there has been published twice a week for two weeks in a newspaper having general circulation within the municipality a notice

(i) describing the proposed by-law by title and generally by subject matter, and (ii) stating that the proposed by-law may be examined in the office of the

clerk during regular office hours, and if at least fourteen days have elapsed between the day on which the notice was first published and the day on which the bylaw is read for the third time by title, it may be read by section numbers only, if no member of council objects;

(c) sealed with the corporate seal of the municipality; (d) signed by the clerk and the mayor or in his absence the presiding officer of the

council who presided at the meeting at which it was enacted; and (e) stated thereon that it is enacted by the council of the municipality. [CPA �5(�)]

Unless all the members present declare by resolution that an emergency exists,not more than two of the three readings by title shall take place at one meeting ofthe council. [MA ��(�)]

A proposed by-law may be amended at any time prior to third reading by title. [MA ��(3), CPA �5(�)]

Where the Community Planning Act provides that to enact a by-law a majority of the whole council must vote in favour thereof, it shall be sufficient compliance with such provision if this occurs on third reading by title. [CPA �5(3)]

Notwithstanding the definition of “council” in section � of the Municipalities Act, where this Act makes provision for the making of a by-law and makes reference to the whole council, “whole council” means those members of council, including the mayor, who are not disqualified from voting on the by-law. [MA ��(�.�)]

Unless disqualified to vote by reason of interest or otherwise upon a by-law, resolution, motion or for any other purpose, each member present, including the mayor, shall announce his or her vote openly and individually, and the clerk shall record it, and no vote shall be taken by ballot or by any other method of secret voting, and every vote so taken is of no effect. [MA �0.�(�)]

(i) Mayor’s Vote

10.1(2) Notwithstanding subsection (1), a municipality may, in a procedural by-law enacted pursuant to section 10.3 or in a municipal charter or private or special Act of the municipality, provide that the mayor shall not vote except to have a casting vote

10.3(1) Subject to subsection (2), a municipality shall enact a bylaw to regulate the procedures of its council meetings and such a by-law shall include those matters prescribed by regulation.

10.3(2) If a matter prescribed for the purposes of subsection (1) conflicts with a provision of a municipal charter or a private or special Act, a municipality may enact a by-law pursuant to subsection (1) that does not include that prescribed matter.


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unity Planning(ii) Passing of by-laws under Community Planning Act and Municipalities Act

• majority of whole Council, when called for, such as - a municipal plan by-law and amendments, subsections ��(3) & 7�(�),

Community Planning Act, versus a rural plan by-law and amendments, majority of Council present & subsection 7�(�), Community Planning Act,

- when voting by Council fails to give effect to views of planning advisory committee or district planning commission, subsection ��(�), Community Planning Act, and

- where written objection to a proposed by-law to amend a zoning bylaw or zoning provisions in a rural plan is presented to Council before public hearing, section 70, Community Planning Act;

• if majority of whole Council not called for, then majority of Council present, subject to

- quorum required to pass by-law, definitions, Municipalities Act, and - if quorum not possible to be present, then � of 3, section 90.7, Municipalities

Act; • voting by mayor and procedural by-law, sections �0.� & �0.3, Municipalities Act &

subsection �5(�), Community Planning Act; • passing of by-law on 3rd reading by title, subsection �5(3), Community Planning

Act; and • signing of a by-law passed by Council, paragraph ��(�)(d), Municipalities Act.

h. Validation (Under development)

o Validity of By-laws o Ministerial Approval o Coming into force

10.4 development application review and approval

(a) Application Process (involving the clerk and the development officer) (b) Development that conforms to zoning (c) Development that does not conform to zoning (non-conforming rights, or need

rezoning or a variance or similar or compatible) (d) Subdivision plan

10.5 appeal Process (Under development)

a. Deadlines b. Hardship c. Misapplication d. Abuse of Powers e. Natural Justice

10.6 Enforcement

Enforcement provisions of the Community Planning Act deal with contraventions by an owner to the Act or by-laws issued under the Act. In addition, a municipal council can be challenged for failing to conform to its own planning by-laws.

a. Contravention by an Owner

A council may enforce its planning by-law by the following methods.


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unity Planning(i) Order (Section 93)

Council issues the owner of the land or buildings a notice ordering the contravention to cease. Such order may direct that a development be altered, at the owner’s expense, so as to comply with the by-law or that the land or buildings be restored to their prior condition.

If the owner fails to comply with the order within the time limit prescribed, a municipality, by a decision of council, may undertake the work necessary for compliance and recover such costs from the owner through court action.

The issuing of such an order is done by an individual delegated by council to do so, who most often is the municipality’s development officer.

(ii) Court Enforcement (Section 94)

The municipality applies to The Court of Queen’s Bench of New Brunswick for court enforcement where an owner fails to comply with legislation, a stop work order or a decision of the Assessment and Planning Appeal Board. In response, the Court may issue a restraining order or an order directing the removal or destruction of a building so as to remedy the contravention.

An individual making application to the Court on behalf of the municipality must do so through a resolution of council.

(iii) Summary Conviction (Section 95)

Council may, through procedure, have a fine issued to an owner failing to comply with the appropriate legislation. Should the contravention continue, the owner is subject to further prosecutions. Such action may not commence � months after the offence has been discovered.

b. Contravention by a Municipality

(i) Action by the Minister (Section 91)

If satisfied that it is in the public interest to do so, the Minister may challenge a council on any by-law under the Act or failure to conform to its own planning legislation. The Minister may exercise such power only with the approval of the Lieutenant-Governor in Council. Where a council fails to comply with an order to rectify a situation, the Minister may acquire the powers conferred on council by this Act.

(ii) Action by an Individual (Section 94)

Any person who is directly affected by a planning by-law may apply to the Court of Queen’s Bench for an order quashing it in whole or part on the grounds of illegibility.

10.7 roles & responsibilities (duties & Powers)

Note: These roles are intended to outline the respective duties and may notaddress a specific situation.

a. Minister of Environment • Delegates administrative powers and designates a person to act on her behalf

(Sec 3) • Approves Municipal Plans and Municipal Rural Plans and any amendments

(Paragraph �9(�)(a)) • Adopts rural plans in unincorporated areas (Subsection 77(�.�))


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unity Planning • The Minister approves the municipal plans and their amendments as to

conforming with the requirements of the Community Planning Act as per Patagraph �9(�)(a)

69(1) With respect to any by-law enacted hereunder, and any municipal plan, rural plan under subsection 27.2(1), basic planning statement or development or urban renewal scheme adopted thereby, the council shall

(a) subject to subsection (1.1), apply to the Minister for his approval thereof as conforming with the requirements of this Act;

• Before adopting rural plans, the Minister must seek public opinion as per section 77

b. Provincial Planning Director • May provide comments on a proposed by-law, municipal plan or rural plan if

requested by Council. (Sec 73) • May serve a demand that an authorized person named therein be permitted to

enter upon a property. (Subsection 9�(�)) • May authorize a person to order: (Paragraphs 93(�)(a), (b) & (c)) • (a) cessation of the development, • (b) alteration of such development so as to remove the contravention, or • (c) the doing of anything required to restore the land, building or structure to its

condition immediately prior to the undertaking of such development

c. Municipal Council • Appoints members to the Planning Commission (Paragraph �(�)(a)) • No more than 50% appointed shall be a member of council or its servant

(Subsection �(3)) • Members must be eligible voters and a resident of the municipality

(Subsection �(�)) • Adopts and amends municipal by-laws • Municipal plan by-law (Subsection 23(1)) • Rural plan by-law (Subsection 27.2(1)) • Zoning by-law (Paragraph 34(1)(a)) • Subdivision by-law (Subsection 42(1)) • Planning advisory committee by-law (Subsection 12(1)) • Building by-law (Subsection 59(1)) • Name streets in subdivisions (Subsection 5�(7)) • Give assent to a subdivision plan where there are public streets (Subsection

5�(�)) • Publish a notice in a newspaper the intention of the council to adopt a municipal

plan (Subsection �5(�)) • Request the written views of the PAC or District Planning Commission on

planning by-laws (Subsection ��(�)) • Fix a date and place for consideration of objections to the proposed by-law

(Subsection �8(�)) • Submit municipal plan and its amendments to Minister for approval (Paragraph

�9(�)(a)) • File a certified copy of the plan in the registry office (Paragraph �9(�)(b)) • Publish a notice in a newspaper, stating the Minister’s action with respect thereto,

and information as to the filing thereof and transmit a copy of the notice to the Minister (Paragraph �9(�)(c))

• Council to review municipal plan when it considers necessary but no later than 5 years from its coming into effect 7�

• May authorize a person to order: (Paragraphs 93(�)(a), (b) & (c)) • (a) cessation of the development, • (b) alteration of such development so as to remove the contravention, or • (c) the doing of anything required to restore the land, building or structure to its

condition immediately prior to the undertaking of such development


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unity Planning d. Council for a Rural Community

• Appoints members to the Planning Commission /PAC (Paragraph �(�.�)(a)) & Subsection ��(�))

• No more than 50% of members appointed to Commission shall be a member of council or its servant (Subsection �(3.�))

• PAC include one member of council, two that are not member nor servant (Paragraph ��(3)(c))

• Members must be eligible voters and a resident of the rural community (Subsection �(�))

• Adopts and amends by-laws • Rural plan by-law (Sec. 77.�) • Subdivision by-law (Subsection ��(�.�)) • Planning Advisory Committee by-law (ss. ��(�)) • Building by-law (ss. 59(�)) • Name streets in subdivisions (ss. 5�(7)) • Give assent to a subdivision plan where there are public streets (ss. 5�(�)) • Request the written views of the PAC or District Planning Commission on

planning by-laws (ss. ��(�)) • Fix a date and place for consideration of objections to the proposed by-law (ss.

�8(�)) • Submit rural plan and its “amendments” to Minister for approval (Par. �9(�)(a)) • File a certified copy of the plan in the registry office (Par. �9(�)(b)) • Publish a notice in a newspaper, stating the Minister’s action with respect thereto,

and information as to the filing thereof and transmit a copy of the notice to the Minister (Par. �9(�)(c))

• Council to review rural plan when it considers necessary but no later than 5 years from its coming into effect (Sec. 7�)

• May authorize a person to order: (ss. 93(�)) • (a) cessation of the development, • (b) alteration of such development so as to remove the contravention, or • (c) the doing of anything required to restore the land, building or

structure to its condition immediately prior to the undertaking of such development

e. Municipal Planning Director / Officer • Commission may appoint a planner as district planning director or a person as

district planning officer (ss. 7(3)) • Prepare municipal plan (director) (subpar. �3(�)(a)(iii)(B)) • Delegate development officer powers with respect to subdivision by-law (par.

��(�)(m)) • Delegate development officer powers with respect to zoning by-law (ss. 8�(�))

f. Development Officer • administers municipal plan by-law, or rural plan by-law, and other by-laws under

the Act - �(h) • reviews and approves all proposed developments – 8�(�) • may approve a good faith encroachment up to �0 cm from the required street

set-back and up to 30 cm on a required side yard set-back by the construction of an approved building or structure - 3�(8) & 3�(9)

• if given the authority to do so within the subdivision by-law, the development officer shall not approve a subdivision plan if, in the officer’s and PAC’s opinion

• the land is not suited to the purpose for which it is intended or may not reasonably be expected to be used for that purpose within a reasonable time after the subdivision plan is approved, or

• the proposed manner of subdividing will prejudice the possibility of further subdividing the land or the convenient subdividing of adjoining land – ��(3)(k)

• approves any subdivision that conforms with the subdivision by-law – ��(�)


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unity Planning[refer to ��(�) for additional duties with respect to a subdivision bylaw]

• may reduce the tentative plan requirements – ��(�)(c) • approves any instrument, and any plan attached, that transfers an interest in land,

such as deeds, mortgages, and easements, not affected by the subdivision by-law – ��(�)

• may exempt a proposed subdivision from the requirements of the subdivision by-law provided the proposed subdivision conforms with the requirements of section �8 of the Act – �8(�)

• development officer may refuse to grant an exemption to the subdivision by-law permitted under subsection �8(�) of the Act if, in the officer’s and PAC’s opinion, the proposed exemption is

• undesirable for development of the land or neighboring land, or • not in accord with the general intent of the Act or a by-law under the Act

– �8(3) • may grant approvals for pipeline construction for which the officer is the

approving authority under the Gas Distribution Act, �999 – 7�.0� • may delegate authority – 8�(�) • may enter at all reasonable times upon any property within officer’s jurisdiction

for the administration of a by-law under the Act – 9�(�)

g. Municipal Clerk • Indicates Council’s assent to new public streets and / or lands for public purposes

in a subdivision plan (ss. 5�(3)) • Signing and Sealing Subdivision Plans (par. �9(�)(a)) • Certify as correct, two copies of the municipal plan when applying for Ministerial

approval under �9(�)(a) (Par. �9(�)(a)) • Provide a statutory declaration of compliance with sections �� and �8 of the Act

(Par. �9(�)(b))

h. Building Inspector • upon review of proposed development by development officer, receives

building permit application • reviews the building permit application, with plans necessary, for conformity to

building by-law, that is, to National Building Code and possible supplementary building code of by-law

• issues building permit • inspects construction for conformity to National Building Code and possible

supplementary building code of building by-law

i. Planning Advisory Committee (appointment, duties, administration & expenses)

To be a member of PAC, a person is appointed by council and shall be a resident of the municipality or rural community – �(�)

• advise council on any matter relating to community planning – �3(b) • give its views to council on a proposed by-law or on any change to a proposed

by-law after having given its views on the initial proposed by-law - ��(�) [refer to ��(�) for additional information on PAC-council relationship on advise issue]

• PAC shall be deemed to have approved a proposed by-law if it fails to give its views within 30 days of such request, or within such longer period as the council may decide. – ��(3)

• prohibit the erection of any building or structure on any site where it would otherwise be permitted when, in its opinion, the site is marshy, subject to flooding, excessively steep or otherwise unsuitable by virtue of its soil or topography - 3�(3)(g)

• permit a prohibited development for a temporary period not exceeding � year - 3�(3)(h)


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unity Planning • impose terms & conditions for a particular purpose, if the purpose is so identified

within the zoning by-law - 3�(�)(c) • permit, subject to possible terms & conditions, a proposed use if such use is

sufficiently similar to or compatible with a permitted use - 35(a) • permit, subject to possible terms & conditions, a reasonable variance from the

requirements of the zoning by-law relating to topics specified within paragraph 3�(3)(a) of the Act – 35(b) [refer to 3� on obtaining opinion of neighbours to proposed variance]

• permit a non-conforming use to continue beyond a �0-month period - �0(�)(a) • permit a structure to be repaired or restored if the property has non-conforming

rights and destroyed greater than 50% - �0(�)(b) • provide consent for a non-conforming use to extend into a portion of a structure

constructed after the by-law came into effect - �0(3) • provide consent for a non-conforming use to be changed to a similar

nonconforming use - �0(�) • if given the authority to do so within the subdivision by-law, approve such

access to a proposed subdivision, other than by way of a public street, that is considered advisable for the development of the land - ��(3)(c)

• if given the authority to do so within the subdivision by-law, the development officer shall not approve a subdivision plan if, in the officer’s and PAC’s opinion

• the land is not suited to the purpose for which it is intended or may not reasonably be expected to be used for that purpose within a reasonable time after the subdivision plan is approved, or

• the proposed manner of subdividing will prejudice the possibility of further subdividing the land or the convenient subdividing of adjoining land – ��(3)(k)

• if given the authority to do so within the subdivision by-law, approve the naming of streets in subdivisions - ��(3)(l)

• permit a reasonable variance, subject to possible terms & conditions, from the requirements of the subdivision by-law - ��(�)(a) [refer to ��(�) on obtaining opinion of neighbours to proposed variance]

• development officer may refuse to grant an exemption to the subdivision by-law permitted under subsection �8(�) of the Act if, in the officer’s and PAC’s opinion, the proposed exemption is

• undesirable for development of the land or neighboring land, or • not in accord with the general intent of the Act or a by-law under the Act

– �8(3)

j. District Planning Commissions • Provide advice and recommendations to Council on any matter relating to

community planning (Par. �3(b)) • Make recommendations to Council on the laying out of public or future streets in

a subdivision (Par. ��(�)(g)) • Provide an opinion as to whether a site is unsuitable for a proposed purpose by

virtue of its soil or topography (Par. 3�(3)(g)) • Permit a prohibited development for a temporary period not exceeding � year

(Par. 3�(3)(h)) • Impose terms & conditions for a particular purpose if permitted by the zoning

by-law (subpar. 3�(�)(c)(i)) • Permit, subject to terms & conditions, a proposed use if such use is sufficiently

similar to or compatible with a permitted use (Par. 35(a)) • Permit such reasonable variance from the requirements of the zoning bylaw (Par.

35(b)) • Permit a non-conforming use to continue beyond the ten month period (Par.

�0(�)(a)) • Permit a structure to be repaired or restored if it has non-conforming rights and

destroyed more than 50% (Par. �0(�)(b)_


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unity Planning • Provide consent for a non-conforming use to extend into a portion of a structure

that was constructed after the by-law is in effect (ss. �0(3)) • Provide consent for a non-conforming use to be changed to a similar non-

conforming use (ss. �0(�)) • Approve such access in a subdivision plan other than a public street that they

feel is advisable for the development of land (Par. ��(3)(c)) • Provide an opinion whether land is suited for the purpose intended as shown on

a subdivision plan (Subpar. ��(3)(k)(i)) • Provide their opinion as to whether a proposed manner of subdividing

prejudices the convenient subdivision of adjoining land (subpar. ��(3)(k)(ii)) • Approval of the naming of streets if given authority in the subdivision bylaw (Par.

��(3)(l)) • Permit such reasonable variance from the requirements of the subdivision by-law

(Par. ��(�)(a)) • May give notice to owners of land in the neighborhood of the proposed

subdivision in which a variance has been requested (ss. ��(�)) • Consultation with Council on the approval of the names of streets in a

subdivision (ss. 5�(7)) • Recommend the location of public streets or lands for public purposes shown in

a subdivision plan (ss. 5�(�)) • Provide its views on any proposed by-law if not previously given (Par. ��(�)(a))

k. The Public (Under development)

• Participate in the working groups • Attend open houses and ask questions • Make their concerns known • Attend public hearing relative to by-laws and their amendments • Write comments and objections

10.8 Best Practices

a. Policies and proposals

A policy is a plan or course of action intended to influence and determine decisions and actions, and other matters.

Taking into account the following elements may help making a clearer distinction between policies and proposals as per the Community Planning Act:

�. The use of an introductory statement: It is a policy to……… or It is proposed to �. The policy is of a more general nature and the proposal is more specific in order

to implement the policies of the municipal plan, so it has to be linked to a policy. 3. The use of the word “SHALL” is encouraged with a policy and the use of the word

“MAY” with a proposal. The use of the words “SHALL” and “WILL” in a proposal in a municipal plan is not in harmony with the section �7 of the Act that states that the municipality is not bound to undertake every proposal in its plan.

�. The adoption of the municipal plan prevents only the municipality from undertaking any development in any manner inconsistent with is any policy so outlined or suggested. However, the adoption of the municipal plan prevents not only the municipality but also the Province or a person from undertaking any development in any manner inconsistent with is any proposal so outlined or suggested.

5. To help distinguishing between a policy and a proposal, it could be identified in the plan that they will have two different fonts or styles: Standard for a Policy and italics for a Proposal.

�. Despite the previous elements, the entire sentence or statement should be read as a whole to determine whether it is a policy or a proposal.


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unity Planning

b. Adopting Zoning & Municipal Plan Simultaneously

In practice, municipal plan and zoning by-laws, and their amendments, are sometimes adopted simultaneously. The Community Planning Act addresses this issue. Subsection 3�(�) of the Act states “Upon the adoption of a municipal plan, a council shall proceed forthwith to draft a zoning by-law. This seems sensible as the nature of a municipal plan is primarily to create policies or umbrella statements on the right things to do within a community. The details on how to do these right things is through the zoning by-law. The other tool on how to do these right things is also within the municipal plan, namely, proposals. However, proposals differ from zoning provisions, as described under subsection 3�(3) of the Act.

In addition to enacting and enforcing a by-law is amending a by-law. Often an amendment is a re-zoning. Subsection 7�(�) states “Except where otherwise provided, all provisions of this Act respecting a by-law or a municipal plan, rural plan under subsection �7.�(�), basic planning statement or development or urban renewal scheme adopted thereby, apply mutatis mutandis to a by-law, plan, statement or scheme amending or repealing it.” This says that the process to amend such by-laws as zoning and municipal plan is the same as that for the parent by-law. Often, resulting from a rezoning application, the map attached to a municipal plan needs to be changed accordingly. If this is the case, according to subsections 7�(�) and 3�(�) of the Act, the by-law amending the municipal plan would be enacted prior to commencing the by-law amending the zoning by-law.

Policies

A policy is a plan or course of actionintended to influence and determinedecisions and actions, and othermatters.

The policy is of a more general nature.Provides vision, direction, guidance

Gives the principle or ‘la raison d’être”behind the proposal

The use of an introductory statement: It is a policy to………

The use of the word “SHALL” isencouraged

The adoption of the municipal planprevents only the municipality fromundertaking any development in anymanner inconsistent with is any policyso outlined or suggested.

Suggested font or style: Standard for aPolicy

Proposals

Course of action. It can be specificobjective, a proposed project or anaction

The proposal is more specific in orderto implement the policies of themunicipal plan, so it has to be linked toa policy.

Is specific, achievable, measurable

The use of an introductory statement: Itis proposed to……….

The use of the word “MAY” isencouraged

The adoption of the municipal planprevents not only the municipalitybut also the Province or a personfrom undertaking any development inany manner inconsistent with is anyproposal so outlined or suggested.

Suggested font or style: italics for aProposal.


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unity Planningc. Certified Copies (Under development)

Paragraph �9(�)(a) of the Community Planning Act states that an application to the Minister for approval of an enacted by-law shall be accompanied by “two copies, certified as correct by the clerk, of the by-law and any municipal plan, rural plan under subsection �7.�(�), basic planning statement or development or urban renewal scheme adopted thereby”. The best practice herein is that the clerk and mayor, or in the mayor’s absence the councilor who presided at the meeting at which the by-law was enacted [subsection ��.�(d), Municipalities Act], sign and date the original document. Two copies of the so-signed original are made. These copies are certified as being true by the clerk. This certification is carried out by a form attached, or a stamp applied, to each copy. Both techniques must carry an appropriate certification statement, the signature of the clerk and the date of signing. The two copies are sent to the Minister, while the original is retained by the clerk. Once the two copies are approved by the Minister, by way of a stamp carrying the appropriate signature and date of signing, one is retained and one is returned to the clerk. In accordance with subsection �7(�) of the Community Planning Act, the enacted by-law comes into effect “when filed in the registry office in accordance with paragraph �9(�)(b) [that is, bears the approval of the Minister] or on such a date subsequent to such filing as the by-law provides”. As the registry office retains the copy submitted for filing, it may be more practical if three certified copies are initially sent to the Minister. Thereby, two approved certified copies are returned to the clerk for filing and, upon filing, one is returned by the registry office to the clerk. Once this process is completed, the clerk’s file contains the original by-law enacted by Council, and signed by approval and the registry office’s filing information.

d. Rural Plans vs. Municipal Plans for Villages

Rural plans are easier to adopt and to amend that a municipal plan. For instance, there are more steps required in the adoption process of a municipal plan, namely the public presentation under section �5 of the Act. When a village or a community has a rural plan, some amendments would only require changes to one document (the rural plan) opposed to two documents should they had municipal plan and zoning by-law instead.

While a rural community doesn’t have the option of adopting a municipal plan (but a rural plan), a village has both choices. It is recommended that villages consider seriously adopting a rural plan (one document) instead of a municipal plan plus a zoning by-law.

e. Description & Wharves (Under development)

f. Issuance of Permits (Building vs Development and Building permit) (Under development)

g. Sending Background Report / views of Commission or PAC

h. 30 days between sec. 25 and sec. 68 (Under development)

i. Map Attached to Municipal Plan vs. Zoning Map

The Map attached to the municipal plan should be of a more general nature that the one attached to the zoning by-law. Even though the Future Land Use map attached to the municipal plan is required to show the zones into which the territory is divided in the Zoning map, it still can be more general. For instance it may show the main zones: Residential, Commercial Industrial, Mixed, Recreational, etc. In the zoning Map should respect the main zones and include subcategories of such zones. For instance within the residential zone shown on the municipal plan map, it may show the low density residential zone, the multiple family dwelling zone, etc. Similarly within the broader


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unity PlanningIndustrial zone defined tin the municipal plan, a zoning by-law may break down the zone into industrial subzones such as light industrial zone, heavy industrial zone, etc.

In taking this hierarchical approach, the municipality, would not be obliged to amend the municipal plan each and every time it amends the zoning by-law only by reason that the two maps were identical. Therefore, most zoning amendments that take place within the broader zone (e.g. form light industrial to heavy industrial) may not need an amendment to the municipal plan. This cuts from the process time.

10.9 Frequently asked Questions

a. Difference Between a Public Presentation and a Public Hearing

The Community Planning Act requires the consultation of the public before council adopts a plan or a by-law. The number of times the public input has to be sought depends on the type of by-law and the particularity of adoption process.

By-laws adopting a Municipal plan, a Development scheme, and an Urban renewal scheme are the type of by-laws whose adoption require both a public presentation and a public hearing.

Zoning by-laws, rural plans, deferred widening streets, controlled access streets are the type of by-laws that do not require a public presentation but require a public hearing

Subdivision by-laws, Building By-laws, Flood Risk Area By-laws are the type of by-laws that do not require a public presentation nor a public hearing.

As mentioned above, a public presentation according to section �5 of the Act is necessary in the adoption process of a municipal plan. The idea of a public presentation is to inform the public of the municipal council intention to adopt a municipal plan. The public has 30 days to provide their comments on the proposed plan. Later In the process, a public hearing shall be held and council shall hear the objections and comments of the public. Again, the Public can send their comments or objections to Council.

b. By-laws Requiring Ministerial Approval

c. Conflict of Interest

It is often understood that a municipality’s planning advisory committee is exclusively addressed within the Community Planning Act, while other administrative bodies, such as council and other committees, are handled under the Municipalities Act. While in a general way this may be true, it is not always so. Conflict of interest is one such case. Under Conflict of Interest, the Municipalities Act states the following:

90.7(1) Where the number of members who, by reason of the provisions of this Act, are required to withdraw from a meeting is such that at that meeting the remaining members are not of sufficient number to constitute a quorum, notwithstanding any other general or special Act the remaining members shall be deemed to constitute a quorum if there are not fewer than three.

90.7(2) Where there are insufficient remaining members to constitute what is deemed to be a quorum pursuant to subsection (1), the council or local board may apply to the Minister for an order authorizing it to consider, to discuss and to vote on the matter with respect to which the conflict of interest has arisen.


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unity Planning90.7(3) The Minister may, on application brought under subsection (2), by order declare that, notwithstanding this Act, the council or local board or certain members thereof may consider, discuss and vote on the matter raised in the application as if a conflict of interest did not exist, subject only to such conditions and directions as the Minister may consider appropriate and so order.

In being able to apply section 90.7 to a planning advisory committee, the key word is “member”. Section 90.� of the Act defines this term as being a member of a municipal council or a local board. The question now is whether the term “local board” applies to the planning advisory committee. The Act addresses this issue by defining the term as consisting of several options, the applicable one being a body whose entire membership is appointed under the authority of council. Here is a good example of how the two Acts interrelate. Section �� of the Community Planning Act for a municipality, not being a member of a planning district, specifies how council shall appoint all members to its advisory committee. Now that section 90.7 of the Municipalities Act appears to apply to planning advisory committees through the term “member”, another section, namely section 90.9� of the Act, should be pointed out. This section states that the provisions of this Act, with respect to conflicts of interest in municipal governments, shall supersede all other provisions that may exist in any other Act. Clearly, then, the issue of conflict of interest within a municipality’s planning advisory committee is handled outside the Community Planning Act by the Municipalities Act.

Having addressed this issue, another concern arises, namely, the meaning of the term “quorum” and its application to the advisory committee. Under the Municipalities Act, “quorum” is defined as applying to council. In addition, paragraph ��(c) of the Community Planning Act states that an advisory committee may make rules for the conduct of its business. Nevertheless, the issue of quorum is addressed under section 90.7 of the Municipalities Act and appears to apply to an advisory committee under item (a) of the definition “local board”.

10.10 contacts

10.11 references

Guidelines for the Delivery of Planning Services. Department of Environment, 7 February �007


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11.1 Importance of Human resource management

The recruitment, development and retaining of an effective and productive work force, whether statutory officers, department heads or support personnel, is crucial to the long

term success and viability of a local government organization. The size of a local government staff will vary according to the size of the community it serves, the services it delivers and the financial capacity of the corporation. A small village may have only one or two staff persons on a parttime basis while a city may employ hundreds or thousands of personnel. Regardless of size, a work environment that supports employee development and retention is essential.

11.2 appointment and employment of Local government officers

The Municipalities Act states that the council of every municipality or rural community shall appoint a clerk, a treasurer and an auditor. The council may appoint an assistant clerk, an assistant treasurer, an engineer, a building inspector, a solicitor and such other officers as are necessary for the administration of the municipality or rural community. There is a measure of protection for all officers appointed by a municipality or rural community on a full time basis, in that they are entitled to hold office until retirement, death, resignation or dismissal for cause by the affirmative vote of at least two-thirds of the whole council. This protection is designed to ensure that councils treat the officers of the municipality in a fair manner. Moreover, this protection provides greater certainty in terms of continuity of the corporation and to key personnel that they will not be dismissed simply as a result of a change in the council make up.

11.3 Job Descriptions – a Helpful tool for performance management

It is beneficial for the local government human resource management team to have on file well defined job descriptions for all employees. Job descriptions clarify expectations for all parties and serve as a reference point for annual performance appraisals. The individual job description should clarify the required key duties or tasks and qualifications required or expected for the position as well as reporting relationships and the rationale for salary determination. The job description should have a balance between certainty and flexibility (e.g. performs such duties as assigned). It is a good practice to have all job descriptions adopted by resolution of council. It is important to recognize that job descriptions are dynamic as positions evolve or expand over time and should be revisited and revised accordingly.

11.4 Work plans

A useful tool for human resource management is the development of a work plan for the employee. The work plan should provide timeframes, details of expected tasks, goals and measures for the year. It is a helpful reference for the employee and employer and assists in the measurement of performance and the clarification of expectations.

Section 11 –

Human Resource Management


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11.5 Importance of performance appraisals for municipal employees

It is crucial that an employee receives feedback on his or her job performance within the municipal workplace. A performance appraisal is an important tool for measuring the expectations of the employee on how well he or she is doing. It also provides the employee with the necessary direction to improve or build on their skills.

In both larger and smaller local government structure settings, the Chief Administrative Officer is usually responsible for the annual performance appraisal of senior management staff, with senior management staff responsible for the municipal employees under their supervision. The Mayor or chair of Administration Committee of Council could be responsible to conduct the performance appraisal of the Chief Administrative Officer.

A Chief Administrative Officer must be reviewing and providing positive feed back and direction on a constant basis to employees. To be effective, the CAO should not accumulate a list of employee problems and then only raise them at the performance appraisal. A performance appraisal should be viewed as an opportunity for a healthy two-way exchange of dialogue between employer and employee.

The following material is taken from the Local Government Resource Handbook; Service Nova Scotia and Municipal Relations. and is based largely on reports on performance appraisals from the Alberta Municipal Municipal Affairs Department, the Maritime Municipal Training and Development Board, the Halifax Regional Municipality and the Nova Scotia Department of Human Resources.

11.6 What is a performance appraisal?

A performance appraisal should be more than just a single event. It should begin with setting specific and measurable goals, coaching year round to encourage employee success, documenting performance–good and bad, and writing the appraisal without bias. Performance appraisals are an increasingly important tool for motivating employees, inspiring quality work and establishing any further training needs. The exercise of a performance appraisal should encourage positive working relationships and help to improve employee productivity.

11.7 Key objectives in Developing an appraisal system process

In the development of an appraisal system process, the employee’s current job description, goals, and development plan from the previous review period should be used as the performance criteria. The performance appraisal process should be designed to achieve the following objectives:

• To let the employees know how well they are doing and what changes in technical performance and/or behavior will lead to higher levels of performance

• To provide a means for coaching and counseling employees to help them develop to their full potential, and accomplish established goals and performance standards.

• To generate information needed for both short, and long range administrative plans for the organization, including:

- Short Range: Salary Decisions, Work Assignments, Goals Attainment, Training Needs, Promotions and Transfers

- Long Range: Human Resources Planning, Succession Planning and Development


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anagement11.8 Issues to address

• How often should the performance appraisals be conducted?

• Who will conduct the performance appraisals?

• What impact will this process have on their security of employment, salaries and fringe benefits?

• When should the reviews be conducted? (e.g. normally after the probationary period and after that on the anniversary date of employment)

11.9 commitment from council

The adoption of a performance appraisal policy has to be a commitment by Council to ensure the long-term success of the system. Council should be briefed on what is involved in a performance appraisal process, including the advantages to the municipality and staff.

11.10 format of appraisals

A properly designed performance appraisal system can be the cornerstone to developing and maintaining a productive municipal workforce which enjoys a high level of job satisfaction. It requires a commitment from staff and the employees in its design and implementation.

The “Keep it Simple” format is the best rule in the development of a performance appraisal. The form would vary, however, depending on the needs and goals of individual structures of local government.

Preparation of the specifically tailored appraisal form should include:

�. Consistency - The format should be consistent across the board for all employees of the municipal corporation, however, the areas being appraised should be based on job duties.

�. Measurable Criteria – the criteria used should be measurable and be recorded on an ongoing basis, not just at performance evaluation time. The criteria should be reviewed in-depth either twice a year or annually with the employee to ensure there is a complete understanding of the performance rating and expectations on the part of the employer. Positive reinforcement and constructive criticism should be communicated to the employee on an ongoing basis.

�. Confidentiality - All employee records should be kept strictly confidential and in the employee’s personnel files. The employee should be given a copy of the appraisal for his or her personal records.

4. Signatories – The performance appraisal should be signed by both the supervisor conducting the appraisal and the employee to indicate that both parties acknowledge the comments and ratings of the performance appraisal. Both parties should initial each page and at the end of the appraisal there should be space for comments for both the supervisor and the employee.


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11.11 appraisal Barriers

• Employer Being Non-Committal – The performance appraisal should be viewed by the employer as a useful management tool and not as a supervisory obligation. An employee can quickly sense the difference and the evaluation process becomes meaningless.

• Failure to Provide Any Negative Feedback – Skirting around a problem with the employee is no way to improve the workplace situation. If the employee is unaware that a problem exists, it will never be rectified. If the situation is handled is such a way that it is viewed as in the best interests of the employee as well as the workplace, a better outcome would be achieved than reprimanding or belittling the employee during the appraisal process. The session should be a two way dialogue, engaging both the employer and employee in both positive reinforcement and constructive feedback.

• Lack of Professional Training – If an employee’s job ability weakness is identified during the performance appraisal, every effort should be made on the part of the employer to ensure that the necessary training is provided. If the employee refuses to take the training, then a much larger problem exists and could lead to termination.

• Personality Issues – If the supervisor and employer have had personal disagreements or style clashes in the past, this could act as a deterrent to a positive performance appraisal. On the other hand, if the supervisor gets along well with the employee personally, or feels sorry for the employee’s circumstances, an unfairly high rated performance appraisal may result.

• Probationary Evaluations - A probationary evaluation, usually completed after a six month period, is used to determine whether a new employee is capable of competently completing the duties of the position. The supervisor needs to carefully assess whether or not the employee has met the requirements of the position.

Most personnel problems begin with the inappropriate selection of the employees, therefore a good selection process cannot be overstated. If there are a number of small problems in the first few months they should not be overlooked as they may lead to larger issues in the future.

11.12 performance problems

The road to dismissal is a long one and the key is to identify the problems early and to provide appropriate constructive counseling. When performance problems persist and have been described in a regular performance appraisal, or during ongoing supervision, the matter should be dealt with immediately. The supervisor and the employee should work together to formulate an action plan to determine what needs to be accomplished to correct the problem and the necessary timelines. Both have to seek a basic agreement and ownership for the necessary changes. The action plan should be written down and formally agreed to by signatures of both parties.

Depending in the severity of the problem, there should be a follow-up appraisal of the situation within an appropriate time period, to be determined in the action plan. If outside counseling is required the supervisor should refer the employee to the appropriate agencies (e.g. drug or alcohol treatment counselor, social worker, etc.). An in-depth assessment should take place after outside counseling has been completed. If the employee does not respond appropriately to the assessment or does not show appropriate levels of improvement the last option is termination of the employee.


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anagementIt is strongly recommended that the supervisor review the legal requirements to dismissal procedures with the municipal solicitor. There should be proper documentation throughout the termination process.

11.13 Importance of ongoing professional Development

Continuing Professional Development is the means by which appointed and elected officials in a local government setting maintain, improve and broaden their knowledge and skills and develop the personal qualities required in this professional field.

11.14 professional Development opportunities for Local government employees in new Brunswick

(a) National Advanced Certificate in Local Authority Administration (NACLAA)

Dalhousie University and the University of Alberta have undertaken a partnership to jointly develop and deliver a national, in-service education program for local government officials in Canada. This online program is the first of its kind in Canada and was introduced in September of �00�. The program’s name is NACLAA, an acronym for National Advanced Certificate in Local Authority Administration. It is owned and administered by Public Sector Programs at Dalhousie University and Government Studies at the University of Alberta.

The NACLAA program provides access to high quality distance education and continuing professional development to local government employees across Canada. It provides a nationally recognized credential through advanced learning opportunities for local government officials wishing to increase their mobility and career advancement opportunities within the municipal civil service. The program provides nationally relevant but regionally sensitive theoretical and practical knowledge necessary for outstanding performance in local authority administration.

Examples of courses provided through this program include:

- Citizen Engagement & Consultation - Financial Management - Human Resource Management - Local Government - Local Government Accounting - Local Government Finance - Municipal Law I & II - Organizational Behaviour and Leadership - Organizational Design and Management - Policy Planning and Program Evaluation - Property Taxation and Assessment - Public Administration Professionalism - Sustainable Communities

(b) Université de Moncton

The University of Moncton offers two French programs for those involved in francophone local governments in New Brunswick: « Certificat en administration municipale » et « Certificat en gouvernance locale ».


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The Certificat en administration municipale [Certificate in municipal administration], offered in French to the administrative staff and senior managers of New Brunswick municipalities, seeks to optimize the skills and abilities needed to provide effective management by covering topics such as:

- Policies and procedures related to the Municipalities Act - Effective communication - Conflict management - Strategic planning in public administrations - Communication strategies and public relations - Effective leadership - Project management - Management indicators - Risk management - Financial management

This program is the product of close co-operation between the Association ofMunicipal Administrators, the Association francophone des municipalités duNouveau-Brunswick, and Continuing Education at the Université de Moncton.

The Certificat en gouvernance locale [Certificate in local governance], offered inFrench:

• Policies and procedures related to the Municipalities Act • Team dynamics and conflict management • Communication strategies and public relations • Development • Strategic planning in public administrations

11.15 succession planning

(a) What is Succession Planning?

Succession planning is a critical element to an organization’s success. Leading organizations understand its importance and are adept at anticipating the future leadership and the personnel they will require.

Succession planning is the process of identifying and preparing suitable employees, through mentoring, training and job rotation, to replace key players (such as the CAO) within a local government organization as their terms expire. It is a process which can provide a framework for anticipating future staffing needs in the short term, mid and long term, and provides the methodology for meeting those staffing needs.

Undertaking a succession planning program can offer a number of benefits to the municipality. In addition to the development of a pool of skilled workers, it can also provide a strategy for identifying key personnel who can be helped to maximize their potential by means of a well thought out career planning process. The introduction of such an initiative can have the added benefit of keeping valuable, skilled and career-oriented individuals in a local government setting by providing opportunities for growth and advancement. It provides an opportunity for empowering current employees by offering a venue for them to develop the skills and qualifications they might need to develop which may allow them to move into more senior administrative positions.


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anagement11.16 Wage equity in the Workplace

a) Wage Gap Action Plan

Since the launch of Facing the Economic Imperative in June �00�, the Women’s Issues Branch under the Minister responsible for the Status of Women has diligently worked with many partners and stakeholders to reduce New Brunswick’s wage gap and to target its underlying causes as well as its contributors, including pay inequity. The following objectives and strategies are contained in the Action Plan :

• to ensure pay equity applies to all parts of the pubic service; • to establish government as a model employer for regular and contract staff; • to establish clear, measurable benchmarks and targets for the achievement of pay

equity; and • to bring together stakeholders to further address pay equity issues.

(b) What is the Wage Gap Reduction Initiative?

The Wage Gap Reduction Initiative in partnership with stakeholders is an innovative Government of New Brunswick program comprised of a range of strategies aimed at achieving greater economic prosperity through addressing the wage gap.

(c) Goals of New Brunswick’s Wage Gap Action Plan

�. Change Societal Attitudes: To achieve a more positive societal attitude regarding gender balance in the workplace.

�. Increase Sharing of Family Responsibilities: To find a balance in the sharing and support of family responsibilities among working families.

�. Reduce the Job Clustering of Women To reduce job clustering so that women have access to and pursue a wide range

of jobs.

4. Increase the Use of Pay Equity Practices To encourage the use of pay equity tools to evaluate pay inequities within all parts

of the public service, including the implementation of two pilot projects within the francophone municipal government.

(d) Role of Department of Local Government

The Department of Local Government will act as a liaison between the four municipal associations, the Union of Municipalities of New Brunswick (UMNB) the Association francophone des municipalités du Nouveau-Brunswick (l’AFANB), the Association of Municipal Administrators of New Brunswick (AMANB). and the Cities of New Brunswick Association (CNBA) in the promotion of the wage gap issue and to encourage the municipal associations if they wish to champion this wage gap issue.

(e) Role of Municipalities

It has been proven that organizations who adopt strategies to reduce the wage gap in their workplace create a stable workforce and improve the organization’s bottom line.


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(i) What all employers can do:

• Familiarize yourself with the new set of attitudes • Participate in wage gap public education campaign initiatives • Undertake workplace assessments • Develop and implement a workplace wage gap reduction plan for your workplace • Promote family-friendly workplace initiatives • Introduce pay equity in your workplace at an appropriate pace • Promote equal access to benefits for all employees • Hire more women in non-traditional jobs and trades • Promote success stories and best practices learned among the employer

community

As employers, municipalities have much to gain from implementing a wage gap reduction plan.

(ii) Benefits of Reducing the Wage Gap

Workplace wage gap strategies can:

• Increase retention & reduce turnover of staff • Strengthen recruitment efforts • Lower absenteeism • Decrease workplace stress • Improve workplace morale • Secure a stable workforce • Solve workplace skills needs / shortages

These benefits can lead to increased workplace productivity.

To learn more about how to adopt wage gap strategies in your organization, visit the Wage Gap Reduction Initiative website for tools and information to:

• Calculate your workplace wage gap • Assess for ‘Family-Friendly’ HR practices • Review our wage gap fact sheets • Read testimonials from companies who’ve reduced their wage gap • Download your free wage gap employer toolkit

http://www.gnb.ca (Keyword: Wage Gap) (english) http://www.gnb.ca (mot-clé : Écart salarial) (french)