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

Short title

        1. These regulations may be cited as the Municipal Conduct Regulations.

Definitions

        2. In these regulations,

             (a)  "Act" means the Municipal Conduct Act;

             (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 and chief administrative officer under subsection 21(1) of the Act.

Definition for the purposes 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.

Excluded private interest

        4. For the purposes of subparagraph 2(m)(vi) of the Act, a benefit or award less than $500 is an excluded private interest.

Code of conduct

        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.

Harassment and bullying

        6. Harassment and bullying provisions referred to in subparagraph 12(3)(a)(iv) of the Act shall not be inconsistent with section 24.1 of the Occupational Health and Safety Regulations, 2012.

Process where no manager appointed

        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.

Orientation training

        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

             (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 officer 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 employment 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.

Commencement

        9. These regulations come into force on the day the Act comes into force.

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