First

Session, 50th General Assembly

Elizabeth II, 2021

BILL 37

AN ACT RESPECTING THE

CONDUCT OF MUNICIPAL OFFICIALS

Received

and Read the First Time ................................................................

Second

Reading ............................................................................................

Committee .....................................................................................................

Third

Reading ...............................................................................................

Royal

Assent .................................................................................................

HONOURABLE KRISTA

LYNN HOWELL

Minister of

Municipal and Provincial Affairs

Ordered to be printed by

the Honourable House of Assembly

EXPLANATORY NOTES

This Bill would enact the Municipal Conduct Act.

The Bill would

require councillors and chief

administrative officers to file disclosure statements with the council;

prescribe what constitutes a

conflict of interest for municipal officials;

prescribe the process to be

followed where a councillor knows, or ought reasonably to know, that the

councillor has a conflict of interest in a matter before the council;

establish a process relating to

complaints regarding conflict of interest of a councillor, former councillor

and administrator;

prescribe the penalties to be

imposed on a councillor, former councillor or administrator who acted in a

conflict of interest;

require councils to establish two

codes of conduct, one code of conduct relating to councillors and another code

of conduct relating to all other municipal officials;

prescribe the information and

processes that are required to be included in the codes of conduct;

establish a process relating to

complaints regarding contraventions of a code of conduct;

prescribe the penalties to be

imposed on municipal officials who contravene the code of conduct;

allow the complainant and respondent

to appeal certain decisions under the Act to the Supreme Court of Newfoundland

and Labrador; and

require councillors and chief

administrative officers to complete training approved by the minister.

A BILL

AN ACT RESPECTING THE CONDUCT OF MUNICIPAL

OFFICIALS

Analysis

Short title

Definitions

Application

PART

DISCLOSURE STATEMENT

Disclosure statement

PART

CONFLICT OF INTEREST

Conflict of interest

Conflict of interest re: councillors

Reduced quorum

Complaint of conflict of interest re:

councillors and former councillors

Penalties for conflict of interest re:

councillors and former councillors

Complaint of conflict of interest re:

administrators

Penalties for conflict of interest re:

administrators

PART

III

CODE OF CONDUCT

Code of conduct for councillors

Code of conduct training

Code of conduct complaint process re:

councillors and former councillors

Penalties for contravention of code of

conduct re: councillors and former councillors

Code of conduct complaint process re:

administrators

Penalties for contravention of code of

conduct re: administrators

Code of conduct for other municipal

officials

Code of conduct for local service

districts

PART

APPEALS

Appeal

PART

ORIENTATION TRAINING

Orientation training

PART

REGULATIONS

Regulations

PART

VII

CONSEQUENTIAL AMENDMENTS, REPEAL AND COMMENCEMENT

RSNL1990 cC-15 Amdt.

RSNL1990 cC-16 Amdt.

RSNL1990 cC-17 Amdt.

SNL2001 cM-20.2

Amdt.

SNL1999 cM-24 Amdt.

Commencement

Be it enacted by the Lieutenant-Governor and

House of Assembly in Legislative Session convened, as follows:

Short title

1. This

Act may be cited as the Municipal Conduct

Act.

Definitions

2. In

this Act

(a) "administrator" means an

administrator appointed under

section 250 of the Municipalities Act, 1999 ;

(b) "business day" means a day that is

not a Saturday, Sunday or a holiday;

(c) "chief administrative officer" means

(

i) a manager or acting manager appointed under

the Municipalities Act, 1999 ,

(ii) the city manager or acting city manager appointed

under the City of Corner Brook Act,

(iii) the city manager or acting city manager appointed

under the City of Mount Pearl Act ,

and

(iv) the city manager or acting city manager appointed

under the City of St. John's Act ;

(d) "code of conduct" means a code of

conduct established in accordance with

section 12 or 18;

(e) "cohabiting partner" means a person

with whom a municipal official is living in a conjugal relationship outside of

marriage;

(f) "complainant" means a person making a complaint;

(g) "complaint" means a written document alleging that a municipal official acted

in a conflict of interest or contravened the code of conduct;

(h) "council" means a council of a

municipality;

(i) "councillor" means a member of a

council;

(j) "department" means the department

presided over by the minister;

(k) "disclosure statement" means a

statement required to be filed under

section 4;

(l) "employee" means a person employed by a municipality;

(m) "excluded private interest" means

(

i) cash on hand or on

deposit with a financial institution that is lawfully entitled to accept

deposits,

(ii) a position of director or executive officer in

a municipal entity or municipal corporation,

(iii) membership in a council committee,

(iv) purchase or ownership of a municipal

debenture,

(

v) fixed value

securities issued by a government or municipality in Canada or an agency of a government or municipality in Canada , and

(vi) a benefit or award of a value less than an

amount prescribed in the regulations;

(n) "local service district" means a

local service district established under the Municipalities Act, 1999 ;

(o) "minister" means the minister

appointed under the Executive Council Act

to administer this Act;

(p) "municipal official" means, unless

the context indicates otherwise,

(

i) a councillor,

(ii) a chief administrative officer,

(iii) an administrator,

(iv) an employee of a municipality, and

(

v) any person acting, with or without

remuneration, under the direction of a municipality, including fire chiefs and

fire fighters providing services for or to a municipality;

(q) "municipality" means

(

i) a town continued or incorporated under the Municipalities Act, 1999 ,

(ii) the City of Corner Brook continued under the City of Corner Brook Act ,

(iii) the City of Mount Pearl continued under the City of Mount Pearl Act , and

(iv) the City of St. John's continued under the City of St. John's Act ;

(r) "private interest" includes

(

i) an asset, liability or financial interest,

(ii) a source of income,

(iii) a position of director or executive officer in

a corporation, association or trade union, whether for profit or not for

profit,

(iv) membership in a board, commission or agency of

the Crown in right of Canada or a province,

(

v) membership in or employment by a trade union

where the trade union has entered into or is seeking to enter into a collective

agreement with a council or an entity of a council, with respect to any matter

related to the administration or negotiation of the collective agreement, and

(vi) a benefit or award,

but does not include an excluded private

interest;

(s) "privileged meeting" means a

privileged meeting referred to in

(

i) section 213 of the Municipalities Act, 1999 ,

(ii)

section 41 of the City of Corner Brook Act ,

(iii)

section 41 of the City of Mount Pearl Act , or

(iv)

section 38 of the City of St. John's Act ;

(t) "relative" means

(

i) a spouse or cohabiting partner,

(ii) a child, step-child, parent, step-parent,

sibling, step-sibling, parent-in-law or sibling-in-law of the municipal

official, and

(iii) a person not referred to in subparagraphs (

i) and (ii) who resides with the municipal official;

(u) "respondent" means a municipal

official against whom a complaint has been made;

(v) "source of income" means

(

i) in the case of employment, the employer, and

(ii) in the case of income arising from a business

or profession, the business or profession; and

(w) "spouse" means a person to whom a municipal official is married, unless

the person and the municipal official have made a separation agreement or their

support obligations and family property have been dealt with by a court order.

Application

3. This

Act applies to municipal officials when the municipal officials are acting in

their capacity as municipal officials.

PART I

DISCLOSURE STATEMENT

Disclosure

statement

(1) A

councillor shall file with the council a disclosure statement in the form set

by the council

(

a) within 30 days of taking office after the

councillor's election; and

(

b) each year on or before March 1.

(2) A chief administrative officer shall file with

the council a disclosure statement in the form set by the council

(

a) within 30 days of commencing employment; and

(

b) each year on or before March 1.

(3) A disclosure statement referred to in

subsections (1) and (2) shall include the following information in relation to

a councillor, chief administrative officer and a councillor's and chief

administrative officer's spouse or cohabiting partner:

(

a) ownership of real property or an interest in

real property within the municipality;

(

b) corporations in which 10% or more shares are

held;

(

c) partnerships and sole proprietorships in which

10% or more interest is held;

(

d) ownership of businesses located within the

municipality;

(

e) corporations, associations or trade unions in

which a position of director or executive officer is held;

(

f) sources of income; and

(

g) any other information the council determines

necessary.

(4) Where there is a change in the information

contained in a disclosure statement filed under subsection (1) or (2), the

councillor or chief administrative officer shall report the change to the

council no later than 60 days after the change occurred.

(5) A disclosure statement filed under this

section shall be

(

a) retained by the clerk of the council; and

(

b) reviewed at a privileged meeting of the

council no later than 30 days after the date required for filing under this

section.

(6) The council shall make disclosure statements

filed under subsection (1) available for public inspection during normal

business hours of the council.

PART II

CONFLICT OF INTEREST

Conflict of

interest

5 .

(1) A municipal official has a conflict of

interest where i n the making, or

involvement in the making, of a decision

(

a) the

municipal official's private interests are affected; or

(

b) the

municipal official is unable to act impartially on behalf of the municipality

due to the municipal official's personal relationships.

(2) F or

the purposes of paragraph (1)(a)

(

a) a

decision may affect, directly or indirectly, a private interest, where the

decision may result in a gain or loss to the municipal officials private

interests or the private interests of a relative; and

(

b) a

decision does not affect, directly or indirectly, a private interest where the

decision affects the municipal official or a relative of a municipal official

as one of a broad class of the public.

(3) For

the purposes of paragraph (1)(

b) a municipal official is unable to act

impartially where a reasonable person may conclude that the municipal

officials personal relationship would result in favoritism or prejudice to the

person to whom the municipal official has a personal relationship.

Conflict of

interest re: councillors

(1) Where

a councillor knows or ought reasonably to know that the councillor has a

conflict of interest in a matter before council, the councillor shall, where

present,

(

a) declare the conflict of interest before any

consideration or discussion of the matter;

(

b) disclose the general nature of the conflict of

interest;

(

c) refrain from participating in any discussion

relating to the matter;

(

d) refrain from voting on any question, decision,

recommendation or other action to be taken relating to the matter; and

(

e) leave the room in which the meeting is held

for the duration of the consideration of the matter.

(2) Notwithstanding paragraph (1)(e), where the

meeting referred to in subsection (1) is open to the public, the councillor may

remain in the part of the room set aside for the general public.

(3) A councillor referred to in subsection

(1) shall not attempt, in any way, before, during or after the meeting, to

influence

(

a) the vote of other councillors; or

(

b) any policy advice provided to council

regarding the matter.

(4) A declaration of conflict of interest under

subsection (1) and the general nature of the conflict of interest shall be

recorded in the minutes of council or a committee of council, where the

declaration was made at a committee meeting.

(5) Where a councillor is uncertain as to whether

or not the councillor has a conflict of interest, the councillor shall disclose

the nature of the possible conflict of interest to the council and the council

may decide by a majority vote.

(6) A councillor whose possible conflict of interest

is being voted on is not entitled to vote.

(7) Where the vote referred to in subsection

(5) is a tied vote, the councillor shall be considered to have a conflict of

interest.

(8) Where the council determines by a majority

vote under subsection (5) that a councillor does not have a conflict of

interest and a complaint is subsequently filed under this Act and it is

determined that a councillor did have a conflict of interest, the council may

invalidate the decision of council in which the councillor acted in a conflict

of interest but shall not impose any other penalties under this Act against the

councillor.

Reduced quorum

(1) Where

one or more councillors have declared a conflict of interest under subsection 6(1)

and the number of councillors remaining at the meeting is not sufficient to

constitute a quorum then, notwithstanding any other Act, regulations or a regulation

of council, the number of councillors remaining, where not less than 2, shall

be considered to constitute a quorum for purposes of discussion and voting on the

matter being considered by the council.

(2) Where in the circumstances referred to in

subsection (1) there would be less than 2 councillors remaining at a meeting,

council shall request direction from the minister and the minister may order

that

(

a) the one remaining councillor vote on the

matter as if the councillor constituted a quorum; or

(

b) the councillors are exempted from subsection

6(1) in the matter and allow the councillors to vote on the matter.

on an order issued under subsection (2).

Complaint of conflict

of interest re: councillors and former councillors

(1) Where

a person is of the opinion that a councillor or former councillor has acted in

a conflict of interest, the person may file a complaint with the chief

administrative officer within 6 months of the person becoming aware of the

potential conflict of interest.

(2) A complaint shall be in writing and shall

include the following information:

(

a) the nature of the conflict of interest;

(

b) the councillor's or former councillor's

actions in relation to the conflict of interest; and

(

c) any other information the chief administrative

officer determines necessary.

(3) The chief administrative officer shall send a

copy of the complaint to the respondent no later than 5 business days after receipt

of the complaint.

(4) The respondent may provide a written response

respecting the complaint to the chief administrative officer no later than 20

business days after receipt of a copy of the complaint.

(5) Where the respondent provides a written response

under subsection (4), the chief administrative officer shall send a copy of the

written response to the complainant within one business day after receipt of

the written response.

(6) The chief administrative officer shall review

the complaint and the respondent's written response no later than 10 business days

after receipt of the written response, or where a written response is not filed

the chief administrative officer shall review the complaint no later than 10 business

days after the time period to file the written response has expired, and shall

(

a) prepare a written report regarding the

complaint;

(

b) refer the complaint to council;

(

c) provide a copy of the report referred to in

paragraph (

a) to the council at the time the complaint is referred to council;

and

(

d) give written notice of the referral to the complainant

and the respondent.

(7) No later than 15 business days after receiving

the report referred to in subsection (6), the council shall consider both the

complaint and the report provided under subsection (6) and may, by resolution,

(

a) dismiss the complaint;

(

b) make a determination that the councillor or

former councillor acted in a conflict of interest; or

(

c) order any investigation to determine whether

the councillor or former councillor acted in a conflict of interest.

(8) A person shall not hinder,

obstruct, attempt to obstruct, interfere with, threaten, harass or fail

to cooperate with a person conducting an investigation under paragraph (7)(

c) in

the exercise of that person's duties or functions under this Act or the

regulations.

(9) A person conducting an investigation under

paragraph (7)(

c) shall prepare a report regarding the investigation and submit

it to the council.

(10) Following review of the report referred to in

subsection (9) the council may, by resolution,

(

a) dismiss the complaint; or

(

b) make a determination that the councillor or

former councillor acted in a conflict of interest.

(11) A report referred to in subsection (9) shall

be tabled at a public meeting.

Penalties for conflict

of interest re: councillors and former councillors

(1) Where

a council determines that a councillor has acted in a conflict of interest, the

council

(

a) shall, by resolution, require the councillor

to vacate the councillor's seat on council and declare that the councillor is

not eligible to be nominated as a candidate until the nomination period for the

next general election; and

(

b) may, by resolution, invalidate the decision of

the council in which the councillor acted in a conflict of interest.

(2) Notwithstanding subsection (1), where the

council determines that a councillor acted in a conflict of interest through

inadvertence or a genuine error in judgment, the council may, by resolution, allow

the councillor to keep the councillor's seat on council and may do one or more

of the following:

(

a) reprimand the councillor;

(

b) invalidate the decision of the council in

which the councillor acted in a conflict of interest;

(

c) require the councillor to attend training as

determined by the council;

(

d) suspend the councillor from council committees

or other additional activities or duties for a period of no more than 3 months;

and

(

e) suspend the councillor from council, without

remuneration, for a period of no more than 3 months.

(3) Where the council determines that a former

councillor has acted in a conflict of interest, the council may do one or more

of the following:

(

a) reprimand the former councillor;

(

b) invalidate the decision of council in which the

former councillor acted in a conflict of interest; and

(

c) declare that the former councillor is not

eligible to be nominated as a candidate until the nomination period for the

next general election.

(4) Where a councillor is unable to attend regular

public meetings of the council for 3 successive months because of a suspension

under paragraph (2)(e), the councillor's absence from the public meetings is

considered to be with leave of the council for the purposes of subparagraph

20(2)(e)(ii) of the City of Corner Brook

Act , subparagraph 20(2)(e)(ii) of the City

of Mount Pearl Act, subparagraph 206(1)(f)(ii) of the Municipalities Act, 1999 and a regulation made under subparagraph

340.5(4)(

i) of the City of St. John's Act .

Complaint of

conflict of interest re: administrators

(1) Where

a person is of the opinion that an administrator has acted in a conflict of

interest, the person may file a complaint with the minister.

(2) A complaint shall be in writing and shall

include the following information:

(

a) the nature of the conflict of interest;

(

b) the administrator's actions in relation to the

conflict of interest; and

(

c) any other information the minister determines

necessary.

(3) The minister shall send a copy of the

complaint to the respondent no later than 5 business days after receipt of the

complaint.

(4) The respondent may provide a written response

respecting the complaint to the minister no later than 20 business days after

receipt of a copy of the complaint.

(5) Where the respondent provides a written

response under subsection (4), the minister shall send a copy of the written

response to the complainant within one business day after receipt of the

written response.

(6) No later than 15 business days after the

minister receives the written response, or where a written response is not

filed, no later than 15 business days after the time period to file a written

response has expired the minister may

(

a) dismiss the complaint;

(

b) make a determination that the administrator

acted in a conflict of interest; or

(

c) order an investigation to determine whether

the administrator acted in a conflict of interest.

(7) A person shall not hinder,

obstruct, attempt to obstruct, interfere with, threaten, harass or fail

to cooperate with a person conducting an investigation under paragraph (6)(

c) in

the exercise of that person's duties or functions under this Act or the

regulations.

(8) A person conducting an investigation under

paragraph (6)(

c) shall prepare a report regarding the investigation and submit

it to the minister.

(9) Following review of the report referred to in

subsection (8) the minister may

(

a) dismiss the complaint; or

(

b) make a determination that the administrator acted

in a conflict of interest.

Penalties for

conflict of interest re: administrators

11. Where

the minister determines that the administrator has acted in a conflict of

interest, the minister may do one or more of the following:

(

a) reprimand the administrator;

(

b) invalidate the decision of the administrator in

which the administrator acted in a conflict of interest;

(

c) require the administrator to attend training

as determined by the minister; and

(

d) revoke the administrator's appointment as

administrator.

PART III

CODE OF CONDUCT

Code of conduct

for councillors

(1) Within 6 months of the coming into force of this Act, a council shall establish

a code of conduct that applies to all councillors.

(2) A code of conduct referred to in subsection

(1) shall set guidelines that define the standards and values that the council

expects councillors to meet in their dealings with each other, employees of the

municipality and the public.

(3) A code of conduct referred to in subsection

(1) shall

(

a) include provisions relating to

(

i) standards of professional behaviour,

(ii) use of influence,

(iii) confidentiality,

(iv) harassment and bullying, and

(

v) any other matter prescribed in the

regulations;

(

b) establish the process for filing complaints

relating to a contravention of the code of conduct, including

(

i) designating to whom the complaint shall be

filed,

(ii) the information to be included in a complaint,

and

(iii) the time period for filing a complaint;

(

c) establish the process for resolving

complaints, including referral of complaints for mediation and investigation;

(

d) provide for reports related to the complaint,

including

(

i) the form of the report,

(ii) the information required to be included in the

report, and

(iii) the time period for submitting the report.

(4) Each councillor shall comply with the code of

conduct.

(5) Where an administrator is appointed for a municipality,

the administrator shall comply with the code of conduct established by the

council under subsection (1).

Code of conduct

training

(1) A

municipality shall arrange training relating to the code of conduct for

councillors within 3 months of the establishment of a code of conduct and all

councillors shall attend the training.

(2) A municipality shall arrange training relating

to the code of conduct for a councillor within 3 months of a councillor being

elected and the councillor shall attend the training.

(3) A councillor who does not attend the code of

conduct training within the time period referred to in subsection (1) or (2) shall

not carry out a power, duty or function as a councillor until the councillor

has completed the training.

Code of conduct

complaint process re: councillors and former councillors

(1) Where

a person is of the opinion that a councillor or former councillor has

contravened the code of conduct, the person may file a complaint in accordance

with the process set out in the code of conduct.

(2) Where a complaint referred to in subsection

(1) is

(

a) satisfactorily resolved; or

(

b) is not satisfactorily resolved but the complainant

and respondent agree on the facts,

the chief administrative officer or a

person designated by the chief administrative officer shall submit a report to

the council in the form and manner set out in the code of conduct.

(3) Where subsection (2) does not apply, the complaint

shall be investigated in accordance with the code of conduct and the person

conducting the investigation shall submit a report to the council in the form

and manner set out in the code of conduct.

(4) A report referred to in subsection (2) or

(3) shall be reviewed at a privileged meeting of the council following receipt of

the report.

(5) Following review of a report under subsection

(4), the council shall open the meeting to the public and shall, by resolution,

(

a) dismiss the complaint; or

(

b) make a determination that the councillor or

former councillor contravened the code of conduct.

(6) A complaint filed under this

section against a

councillor or former councillor by a member of the public or another councillor

is not considered a workplace investigation for the purposes of

section 33 of

the Access to Information and Protection

of Privacy Act, 2015 .

Penalties for contravention

of code of conduct re: councillors and former councillors

(1) Where

a council determines that a councillor has contravened the code of conduct or

failed to comply with a penalty imposed under this section, the council may, by

resolution, do one or more of the following:

(

a) reprimand the councillor;

(

b) require the councillor to attend training as

determined by the council;

(

c) suspend the councillor from council committees

or other additional activities or duties for a period of no more than 3 months;

(

d) suspend the councillor from council, without

remuneration, for a period of no more than 3 months; and

(

e) where one or more of the following apply, make

an application to court seeking that the councillor vacate the councillor's

seat on council and that the councillor not be eligible to be nominated as a

candidate until the nomination period for the next general election:

(

i) the contravention of the code of conduct resulted

in loss of public trust,

(ii) the contravention of the code of conduct consisted

of violence or the credible threat of violence, and

(iii) the councillor has contravened the code of

conduct more than once and has refused to comply with the penalties imposed.

(2) Where the council determines that a former

councillor has contravened the code of conduct, the council may, by resolution,

do one or both of the following:

(

a) reprimand the former councillor; and

(

b) where one or more of the following apply, declare

that the former councillor is not eligible to be nominated as a candidate until

the nomination period for the next general election:

(

i) the contravention of the code of conduct

resulted in loss of public trust,

(ii) the contravention of the code of conduct

consisted of violence or the credible threat of violence, and

(iii) the former councillor has contravened the code

of conduct more than once and has refused to comply with penalties imposed.

Code of conduct

complaint process re: administrators

(1) Where

a person is of the opinion that an administrator has contravened the code of

conduct, the person may file a complaint in accordance with the process set out

in the code of conduct except that the complaint shall be filed with the

minister.

(2) Where a complaint referred to in subsection

(1) is

(

a) satisfactorily resolved; or

(

b) is not satisfactorily resolved but the

complainant and respondent agree on the facts,

a person designated by the minister shall

submit a report to the minister in the form and manner set out in the code of

conduct.

(3) Where subsection (2) does not apply, the complaint

shall be investigated in accordance with the code of conduct and the person

conducting the investigation shall submit a report to the minister in the form

and manner set out in the code of conduct.

(4) Following review of a report referred to in

subsection (2) or (3) the minister may

(

a) dismiss the complaint; or

(

b) make a determination that the administrator

contravened the code of conduct.

Penalties for

contravention of code of conduct re: administrators

17. Where

the minister determines that the administrator has contravened the code of

conduct, the minister may do one or more of the following:

(

a) reprimand the administrator;

(

b) require the administrator to attend training

as determined by the minister; and

(

c) revoke the administrator's appointment as

administrator.

Code of conduct for

other municipal officials

(1) In

this

section "municipal official" does not include a councillor or an

administrator.

(2) Within 6 months of the coming into force of

this Act, a council shall establish a code of conduct for municipal officials.

(3) A code of conduct referred to in subsection

(2), shall include

(

a) the information and processes prescribed in subsection

12(3); and

(

b) provisions relating to conflict of interest.

(4) The provisions relating to conflict of

interest shall

(

a) specify the procedures that a municipal

official is required to follow where the municipal official suspects that the municipal

official may be in a conflict of interest;

(

b) specify the procedures for a person making a

complaint regarding a municipal official who may have a conflict of interest;

and

(

c) specify the procedure for resolving the

conflict.

(5) In addition to the requirements in subsection (4),

the code of conduct provisions relating to a conflict of interest of a chief

administrative officer shall allow a chief administrative officer, within the

scope of the chief administrative officer's employment, to provide advice to

council on a matter in which the chief administrative officer has a conflict of

interest where

(

a) the chief administrative officer disclosed the

conflict of interest and the nature of the conflict of interest to the council;

and

(

b) the council made the request for advice

knowing of the chief administrative officer's conflict of interest.

(6) Each municipal official shall comply with the

code of conduct.

(7) A municipality shall arrange training relating

to the code of conduct for municipal officials within 3 months of the

establishment of a code of conduct and all municipal officials shall attend the

training.

(8) A municipality shall arrange training relating

to the code of conduct referred to in subsection (2) for a municipal official within

3 months of a municipal official commencing employment with a municipality or acting

under the direction of a municipality and the municipal official shall attend

the training.

(9) Where a code of conduct has been amended the

municipality shall notify municipal officials of the changes within one month

of the changes being made.

Code of conduct

for local service districts

(1) The minister may establish a code of conduct for local service districts.

(2) Members of local service district committees

and employees of a local service district shall comply with the code of conduct

established by the minister.

PART IV

APPEALS

Appeal

(1) A

complainant or respondent may appeal a decision made under paragraphs 8(7)(

a) and (b), subsections 8(10) and paragraphs 9(1)(a), 9(2)(

e) and 9(3)(

c) to the

Supreme Court of Newfoundland and Labrador by filing a notice of appeal with

the Supreme Court of Newfoundland and Labrador.

(2) An appeal shall be commenced no later than 21

days after the complainant or respondent receives the decision being appealed.

PART V

ORIENTATION TRAINING

Orientation

training

(1) A councillor and chief administrative officer shall complete orientation

training approved by the minister within the time period prescribed in the

regulations.

(2) The orientation training referred to in

subsection (1) shall include the following:

(

a) information related to the roles and responsibilities

of a councillor and chief administrative officer;

(

b) information related to meetings and procedures

of council;

(

c) information related to council budgets and

financial management;

(

d) information related to access to information

and protection of privacy; and

(

e) any other information prescribed in the

regulations.

(3) A councillor or chief administrative officer

who does not attend the orientation training within the time period prescribed

in the regulations shall not carry out a power, duty or function as a

councillor or chief administrative officer until the councillor or chief

administrative officer has completed the training.

PART VI

REGULATIONS

Regulations

22. The

minister may make regulations

(

a) prescribing an amount for the purposes of

subparagraph (2)(m)(vi);

(

b) prescribing additional matters to be included

in the provisions of a code of conduct;

(

c) prescribing the time period in which

orientation training is required to be completed;

(

d) prescribing additional information to be

included in orientation training;

(

e) defining a word or

phrase used but not defined in this Act; and

(

f) g enerally, to give

effect to this Act.

PART VII

CONSEQUENTIAL AMENDMENTS, REPEAL AND COMMENCEMENT

RSNL1990 cC-15

Amdt.

23. (1) Paragraph 20(2)(

a) of the City of Corner Brook Act is repealed.

(2) Sections

22 to 26 of the Act are repealed.

RSNL1990 cC-16

Amdt.

24. (1) Paragraph 20(2)(

a) of the City of Mount Pearl Act is repealed.

(2) Sections

22 to 26 of the Act are repealed.

RSNL1990 cC-17

Amdt.

Section

44 of the City of St. John's Act is

repealed.

SNL2001 cM-20.2

Amdt.

26. Paragraph 15(3)(

b) of the Municipal Elections Act is repealed and

the following substituted:

(

b) his or her seat as a

councillor was declared vacant under subsection 20(2) of the City of Corner

Brook Act or the City of Mount Pearl Act or

section 11 of the City

of St. Johns Act ,

SNL1999 cM-24

Amdt.

27. ( 1) Paragraph 206(1)(

i) of the Municipalities Act, 1999 is repealed.

(2) Subsection

206(2) of the Act is repealed.

(3) Sections

207 to 210 of the Act are repealed.

(4) Subsection

410(1) of the Act is repealed and the following substituted:

Appeal to Trial

Division

(1) A

councillor whose seat has been vacated under paragraphs 206(1)(c), (d), (e),

(f), (

g) or (

h) may appeal to a judge of the Trial Division by filing a notice

of appeal with the court within 21 days of the date on which he or she is

notified by the clerk of the council that his or her position as councillor is

vacant and upon paying into the court a sum, or upon giving a bond for the sum,

that the judge considered sufficient to defray the costs of the appeal.

Commencement

28. This Act, or a section, subsection,

paragraph or subparagraph of this Act, comes into force on a day or days to be

proclaimed by the Lieutenant-Governor in Council.

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