Amendments required for Prince Edward Island code of conduct bylaws
Municipalities are required to pass code of conduct bylaws in accordance with section 107 of the Municipal Government Act (the “MGA”). Subsection 107(1) of the MGA specifically states that a municipality’s code of conduct must be in accordance with the regulations. The Province of Prince Edward Island passed new Code of Conduct Regulations (the “Regulations”) earlier this year. If your municipality does not have a code of conduct bylaw in place, now is the time to enact one. If your municipality already has a code of conduct bylaw, it needs to be updated in order to meet the new regulatory requirements.
The Regulations require code of conduct bylaws to include a number of specific provisions, including the following:
- public notice and publication requirements respecting sanctions and financial disclosure statements;
- specific conduct obligations;
- complaint process requirements;
- investigation process requirements;
- conduct of committee members;
- training requirements; and
- sanctions.
The Regulations have mandated the actual bylaw content in some instances, so it is critical for your code of conduct bylaw to include the precise wording that is set out in the Regulations.
Procedure for enacting bylaws
To validly enact a code of conduct bylaw, or an amendment to your existing code of conduct bylaw, it must be read and formally approved at two separate Council meetings which are open to the public and held on different days. The bylaw (or the bylaw amendment) must be approved by a majority of the Council members present and voting at each meeting. After its second reading, the bylaw (or the bylaw amendment) must be formally adopted by Council resolution.
Next steps for municipalities
Municipalities who already have code of conduct bylaws in place should review their bylaws to make sure that they satisfy the regulatory requirements. We encourage all municipalities to contact their legal advisors to ensure that their bylaws comply with the new Regulations.
This client update is provided for general information only and does not constitute legal advice. If you have any questions about the MGA, please do not hesitate to contact one of the members of our Municipal Group at Stewart McKelvey in Charlottetown: Perlene Morrison, K.C., Hilary Newman and Curtis Doyle.
Click here to subscribe to Stewart McKelvey Thought Leadership.
Archive
By Dante Manna As we advised in a previous podcast, all federal employers with at least ten employees[1] have been subject to the Pay Equity Act [2] (“PEA”) and Pay Equity Regulations [3] (“Regulations”) since…
Read MoreBy Nancy Rubin, K.C. Environment and Climate Change Canada (ECCC) recently published a draft of the Clean Electricity Regulations (CER). The proposed Regulations work toward achieving a net-zero electricity-generating sector, helping Canada become a net-zero…
Read MoreBy Stephen Penney & Matthew Raske In the recent decision Index Investment Inc. v. Paradise (Town), 2023 NLSC 112, the Supreme Court of Newfoundland and Labrador validated the Town of Paradise’s decision to rezone lands…
Read MoreBy Sara Espinal Henao Immigration, Refugees and Citizenship Canada (“IRCC”) has announced a promising new temporary measure that allows foreign workers to study for a longer duration without a study permit, opening the door for…
Read MoreBy Brendan Sheridan The Government of Canada recently announced a number of aggressive immigration measures to help attract top talent to Canada in high-growth industries in an effort to fuel innovation and drive emerging technologies.…
Read MoreBy Daniela Bassan, K.C. All stakeholders in the legal profession, including litigators, have a shared interest in promoting environmental, social, and governance (ESG) pathways towards building a greener society. It is crucial for litigators to…
Read MoreBy Kimberly Bungay and Colton Smith Since June of 2019, corporations formed under the Canada Business Corporations Act have been required to prepare and maintain a register of individuals with significant control (an “ISC Register”).…
Read MoreBy Kim Walsh and Olivia Bungay Compliance with Russian sanctions goes beyond complying with Canada’s Russia Regulations. Canadian individuals and businesses may be unaware of several other sanctions regimes that apply to them. In conjunction…
Read MoreBy David Randell, Robert Grant, K.C., Sadira Jan, and James Gamblin On June 14, 2023, the Province of Nova Scotia released the first of three modules (the “Module”) which will comprise the Nova Scotia Offshore…
Read MoreBy: Joe Thorne, Giles Ayers, and Jayna Green Introduction Prior to June 1, 2023, decisions made by municipal town councils in Newfoundland and Labrador could be appealed to one of four Regional Appeal Boards pursuant…
Read More