N.B. municipalities slam Tory bill to amend, repeal municipal bylaws

Criticism is growing against a proposed bill which would allow the New Brunswick government to amend and repeal municipal bylaws.

Section 20 of the Local Governance Act has gained attention for its emphasis on provincial powers to amend or repeal municipal bylaws when “in the public interest.”

Fredericton Mayor Kate Rogers said Bill 45 needed more clarification from the provincial government.

“It’s broad enough that it could potentially, very much undermine the political autonomy and political authority of municipal councils,” said Rogers in an interview on Wednesday. “That is very concerning.”

Local Government Minister Daniel Allain was not made available for an interview on Wednesday. In a written statement, Allain said provincial authority over amending or repealing municipal bylaws would be a “backstop” to stop “unintended consequences,” adding it would be used by the province as a “last resort.”

Allain’s statement on Wednesday also referred to “councils that made or were planning to make decisions that could hamper jobs, the economy and people’s way of life,” without elaborating on specifics.

Fredericton’s mayor said the provincial government didn’t offer details about Bill 45 before introducing it on May 9.  The bill passed its second reading on May 17. The Liberal government said it had more questions about the bill at that time, while Green Party leader David Coon said he wouldn’t be supporting it as currently written.

The Union of Municipalities of New Brunswick, the Association Francophone des Municipalités du Nouveau-Brunswick, and the Cities of New Brunswick Association issued a joint statement this week asking for changes to Bill 45 by third reading, specifically around municipal bylaws.

“It challenges the very nature of local government reform, which was about empowering municipalities to take on more. This seems to be contrary to that objective,” said Dan Murphy, executive director of the Union of Municipalities of New Brunswick, in an interview on Wednesday.

Murphy said other parts of Bill 45 were positive and expected, but that language around amending and repealing municipal bylaws came as a surprise.

“It’s not something we anticipated being in the bill. There are other things in the bill we certainly support; around code of conduct and around conflict of interest. Those are good things to clarify. But we didn’t anticipate this level of authority from the minister to amend or repeal bylaws.”

Minister Allain said he would answer questions about Bill 45 at a legislative committee meeting on Friday.

For more New Brunswick news visit our dedicated provincial page.