Newfoundland and Labrador Gazette, Part II — 29 August 2022 (Extraordinary Issue) — Regulations NLR 58/22, NLR 59/22

NLG 2022-08-29

Newfoundland and Labrador — Gazette

ST. JOHN’S, MONDAY , AUGUST 29, 2022 THE NEWFOUNDLAND AND LABRADOR GAZETTE EXTRAORDINARY

PART II PUBLISHED BY AUTHORITY NEWFOUNDLAND AND LABRADOR REGULATIONS NLR 58/22 NLR 59/22

NEWFOUNDLAND AND LABRADOR REGULATION 58/22 Proclamation bringing Act into force (SNL2022 cM-20.11) under the Municipal Conduct Act (O.C. 2022-199) (Filed August 29, 2022) ELIZABETH THE SECOND, by the Grace of God of the United Kingdom, Canada and Her Other Realms and Territories QUEEN, Head of the Commonwealth, Defender of the Faith. DENIS MAHONEY Deputy Attorney General JUDY M. FOOTE Lieutenant Governor in Council TO ALL TO WHOM THESE PRESENTS SHALL COME, GREETING; A PROCLAMATION

WHEREAS in and by

section 28 of

An Act Respecting the Co nduct of Municipal Officials, Statutes of Newfoundland and Labrador 2021,

Chapter M- 20.11 ( the "Act"), it is - provided that the Act comes into force on a day to be proclaimed by the Lieutenant-Governor in Council; AND W HEREAS i t i s d eemed ex pedient t hat t he Act s hall n ow co me into force; NOW KNOW YE, THAT WE, by and with the advice of Our Executive Council of Our Province of Newfoundland and Labrador, do by this our Proclamation declare and direct that

An Act Respecting the Co nduct of Municipal Officials, Statutes of Newfoundland and Labrador 2021,

Chapter M-20.11, shall come into force on S eptember 1st, 2022. OF ALL WHICH OUR LOVING SUBJECTS AND ALL OTHERS whom these Presents may concern are hereby required to take notice and to govern themselves accordingly. 3 Extraordinary Gazette August 29, 2022

Proclamation bringing

an Act to into force under the Municipal Conduct Act (In Force September 1, 2022) 58/22 IN TESTIMONY WHEREOF WE have caused these Ou r Letters to be made Patent and the Great Seal of Newfoundland and Labrador to be hereunto affixed. WITNESS: Our trusty and well-beloved the Honourable Judy M. Foote, member of Our Privy Council of Canada, Chancellor of the Order of Newfoundland and Labrador, in and for Our Province of Newfoundland and Labrador. AT OUR GOVERNMENT HOUSE, in Our City of St. John’s this 29th day of August in the year of Our Lord two thousand and twenty- two, in the seventy first year of Our Reign.

BY COMMAND, KRISTA LYNN HOWELL Registrar General 4 Extraordinary Gazette August 29, 2022

NEWFOUNDLAND AND LABRADOR REGULATION 59/22 Municipal Conduct Regulations under the Municipal Conduct Act (Filed August 29, 2022) Under the authority of

section 22 of the Municipal Conduct Act, I make the following regulations. Dated at St. John’s, August 11, 2022. Krista Lynn Howell Minister of Municipal and Provincial Affairs REGULATIONS Analysis 1.

Short title 2.

Definitions 3. Definition for the purposes of the Act 4. Excluded private interest 5. Code of conduct 6. Harassment and bullying 7. Process where no manager appointed 8. Orientation training 9. Commencement 1. These regulations may be cited as the Municipal Conduct Regulations. 2. In these regulations, (a) "Act" means the Municipal Conduct Act;

Short title

Definitions 5 Extraordinary Gazette August 29, 2022

Municipal Conduct Regulations 59/22 (b) "clerk" means a clerk appointed under the Municipalities Act, 1999, the City of Corner Brook Act , the City of Mount Pearl Act or the City of St. John's Act; and (c) "orientation training" means the training required to be completed by a councillor an d chief administrative officer under subsection 21(1) of the Act. 3. In the Act, "reprimand" means a statement presented at a meeting of the council stating that a councillor or former councillor acted in a conflict of interest or contravened the code of conduct. 4. For the purposes of subparagraph 2(m)(v

i) of the Act, a benefit or award less than $500 is an excluded private interest. 5. In addition to the matters prescribed in paragraph 12(3) of the Act, a code of conduct referred to in subsection 12(1) of the Act shall include provisions relating to (

a) the use of public resources and fraud; (

b) compliance with applicable legislation; (

c) the use of social media; and (

d) the prevention of reprisals against municipal officials and members of the general public who file a complaint. 6. Harassment and bullying provisions referred to in sub paragraph 12(3)(a)(iv) of the Act shall not be inconsisten t with

section 24.1 of the Occupational Health and Safety Regulations, 2012. 7. Where a municipality has not appointed a manager , acting manager, city manager or acting city manager , the duties of a chief administrative officer prescribed in sections 8 and 14 of the Act shall be performed by the clerk. 8.

(1) In addition to the information prescribed in subsection 21(2) of the Act, orientation training shall include information relating to conflict of interest.

(2) A councillor shall complete orientation training within Definition for the purposes of the Act Excluded private interest Code of conduct Harassment and bullying Process where no manager appointed Orientation training 6 Extraordinary Gazette August 29, 2022

Municipal Conduct Regulations 59/22 (

a) one year of the coming into force of the Act; or (b) 60 days of being sworn or affirmed into office , where a councillor becomes a councillor more than one year after the coming into force of the Act.

(3) A chief administrative office r shall complete orientation training within (

a) one year of the coming into force of the Act; or (b) 60 days of commencing employment where the chief administrative officer commences employmen t more than one year after the coming into force of the Act.

(4) Notwithstanding paragraph (2)(b), the minister may extend the 60 day time period at the request of a councillor. 9. These regulations come into force on the day the Act comes i nto force. ©Queen's Printer Commencement 7 Extraordinary Gazette August 29, 2022

Extraordinary Gazette Index Title of Act and Subordinate Legislation made thereunder CNLR or NL Reg. Amendment NL Gazette Date & Page No. Municipal Conduct Act Proclamation bringing Act into force [In force September 1, 2022] NLR 58/22 New Aug. 29/22 p. 3 Municipal Conduct Regulations [In force September 1, 2022] NLR 59/22 New Aug. 29/22 p. 5 ST. JOHN’S, MONDAY, AUGUST 29, 2022 9

Document details

Collection	Newfoundland and Labrador — Gazette
Citation	NLG 2022-08-29
Type	gazette
Volume / chapter	nlg20220829 extra
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	91f855ec83e553c19835521329af9f364d0f8a34

Source file is stored in the law ingest library (pdf).