As part of the white paper entitled Working together for vibrant and sustainable communities, the Government of New Brunswick committed to establishing an independent commission to address administrative matters affecting local and regional governance entities. A legislative framework was subsequently created and the Local Governance Commission Act received Royal Assent in the Legislative Assembly in June 2023. The Act was proclaimed on May 15, 2024.
The Local Governance Commission is an arm’s-length, independent expert body that is mandated to rule or make recommendations on matters affecting local governments, local boards, regional service commissions and rural districts.
The Commission is also tasked with supporting and advising on matters relating to local governance generally. Its mandate includes conducting investigations, ruling and imposing sanctions for conflict of interest and code of conduct matters, reviewing and making recommendations on matters such as local government restructuring, regional service commission boundary amendments, regional service commission decisions on cost-sharing of regional infrastructure, and reviewing certain by-laws. The Commission is also responsible for appointing supervisors, auditors, inspectors and trustees.
Under the former structure, there was no dedicated body for investigations and dispute resolution in local governments. The Commission is able to provide these services as an independent arms-length body.
The Commission is responsible for administrative, investigative, educational, and advisory functions, such as:
The Commission is led by a Chair, known as the Commissioner of Local Governance Affairs, appointed by the Lieutenant-Governor in Council, who provides expertise in local governance matters.
The Commission has a minimum of four members (one of whom will act as the vice-chair), in addition to the Chair. To ensure the Commission has the skills, qualifications, training, and experience to carry out its functions, the requirements for commission members are outlined in the Skills and Qualifications Regulation – Local Governance Commmission Act.
The members are appointed through the Agencies, Boards and Commissions process of the Government of New Brunswick. Vacancies are posted online, applicants submit an expression of interest, applications are reviewed upon closing, and selection is based on merit (required skills and competencies based on the skills and qualifications regulation) and board composition (equal opportunity and workplace equity).
Under the Local Governance Commission Act, the Assessment and Planning Appeal Board has continued as the Assessment and Planning Appeal Tribunal, with all its powers, duties and functions. It is independent from the Commission in its adjudicative functions.