The Government of New Brunswick enacted the Local Governance Commission Act that creates an independent body in New Brunswick that will manage both the investigative and adjudicative aspects of local governance. The Act will come into force on a date to be fixed by proclamation.Read the act
During the consultation process as part of the Local Governance Reform initiative, it became clear that a single and independent body was necessary. The legislation creates an independent body that will review, assess, rule, and make recommendations on matters identified in the Act affecting the administration and governance of local/regional entities including local governments, regional service commissions and rural districts.
This was originally outlined in the White Paper.
Currently, there isn't one body that is responsible for investigative, oversight and adjudicative matters related to local governance in New Brunswick. Instead, the following bodies share the responsibility:
The Minister of Local Government or the Lieutenant-Governor in Council also make decisions related to important matters, such as audits and supervision.
The Commission, which will include a chairperson and not less than four members, will be responsible for all administrative, investigative, educational, and advisory functions, such as:
The Assessment and Planning Appeal Board will be renamed and become a tribunal. This tribunal, also led by a chair, will operate under the Commission’s organizational umbrella, but will remain independent and perform related adjudicative functions, such as appeals.
The Minister of Local Government currently addresses certain matters related to local governance. As an arms-length body, the Commission will provide independent advice and recommendations.
An owner of property who believes that a local government by-law prevents the reasonable use of their property may apply to the Minister, and the Minister may direct the Commission to conduct a study respecting the repeal or amendment of a by-law.
The process that will be followed for changing a by-law is: