Sections of the Local Governance Act: 71 - 86
The intent of Part 7 is to provide for the appointment of statutory and other officers, assign powers and duties to them and provide for liability and indemnity. Provisions contained in the Municipalities Act dealing with the above topics have been reorganized and reworded and new provisions have been added. More specifically, the areas covered in Part 7 include:
- Appointed officers
- Appointment of by-law enforcement officers
- Power to appoint acting officers
- Powers and duties of the clerk
- Documents required to be available at the clerk’s office
- Powers and duties of the treasurer
- Joint payment authorization
- Limit of liability
- Powers and duties of the auditor
- Powers and duties of by-law enforcement officers
- Powers and duties of chief administrative officer
- Solicitor of a local government
- Engineer of a local government
- Bonding of officers and employees
- Members of council not eligible for appointment or employment for one year
New Provisions and Intent:
Appointment of by-law enforcement officers
Councils are provided authority under the new Local Governance Act to appoint a by-law enforcement officer. Authority for a council to appoint such officers, as well as the requirement to provide remuneration to them is no longer provided under the Police Act; however, the powers and immunity provided to the enforcement officers continue to be provided under that Act.
Powers and duties of the clerk
Under the Local Governance Act, the clerk is now authorized to record meeting information electronically.
Documents required to be available at the clerk’s office
The Act provides clarity on which documents must be made available for examination by members of the public by providing that any document required under the Act or prescribed by regulation, is to be made available for examination.
Powers and duties of the treasurer
The requirement that the treasurer maintain accounts and records of the financial information of the local government has been changed to reflect that they must be maintained in accordance with the Control of Municipalities Act. Further, the requirement regarding the year-end statement of finances has been modified to reflect that it must be done in order for the annual audit to be performed by the auditor.
Joint payment authorization
The requirement for joint signing by the treasurer and mayor or other person appointed by council has been updated to include other forms of payment authorizations in addition to cheques.
Powers and duties of the auditor
The duties have been updated to include duties prescribed under the Control of Municipalities Act along with any duties prescribed under the Local Governance Act and regulations.
Engineer of a local government
The stipulation for the appointment of an engineer is that the person be a member of the Association of Professional Engineers and Geoscientists of New Brunswick, and be licensed to practice under the Engineering and Geoscience Professions Act. Previously, a person could be appointed who was a registered professional engineer.
Members of council not eligible for appointment or employment for one year
One year must have elapsed before a former member of council can be appointed as an officer or be employed by the local government. However, this does not apply if the former member does not receive remuneration.
In addition to being able to indemnify a member or former member of a local government, officers, members and employees of the local government corporations, and persons who provide services for no remuneration at the request and on behalf of the local government may also be provided with indemnity.