The Town of Saint Andrews is asking the Department of Environment and Local Government to create a formal policy outlining how code of conduct and conflict-of-interest meetings should be handled, following an advisory from the Local Governance Commission (LGC).
The town was advised, alongside 76 other municipalities and the regional service commission, that it could not hold discussions about those items in closed session outside the exemption set out in Section 68(1) of the Local Governance Act under solicitor advice.
The commission said municipal councillors and mayors cannot be considered employees of the municipality under the same section of the Act.
“In November 2025, the LGC provided a written advisory to local government councils and board members of the Regional Service Commissions (RSCs) regard the use of closed sessions to review, and in some cases to make decisions on, code of conduct and conflict of interest complaints,” the statement from the town reads.
The release said previously councils had previously moved into closed session under the Section 68(1)(j), which pertains to labour and employment matters.
In its advisory, the commission cited two examples of case law that for the purposes of the Employment Standards Act, mayors and councillors are not covered by that exemption.
“I do think the Town of Saint Andrews makes a good point, which is that it’s not the best use of resources.” – Geoff Martin, Mount Allison University
The town said in July 2024, the provincial government passed an updated code of conduct regulation (2024-48) in the Act.
“In the absence of receiving information from official channels regarding the new regulation, councils continued code of conduct processes in existence for decades, or when newly formed councils took office in January 2023,” the release said.
It said the widely publicized review of the Strait Shores council brought the issue to the attention of the LGC.
According to the town, the advisory was circulated first at a symposium on harassment and bullying hosted by the Union of Municipalities of New Brunswick (UMNB), which was attended by Deputy Mayor Kate Akagi and Coun. Steve Neil.
“Multiple concerns were raised by councillors and staff members from around New Brunswick, commenting on a common belief the code of conduct procedure was approved by the province and in place universally across municipalities,” the release went on to say.
Similar concerns were echoed by Eastern Charlotte Chief Administrative Officer Jason Gaudet.
Gaudet explained that some complaints can be baseless or lack merit and that the complainant are not limited to the municipality, meaning they can file complaints from anywhere in Canada.
The town’s statement said decisions were always made in open session, including on involving a code-of-conduct complaint received and voted on, based on legal advice, in February 2025.
“Closed discussions also served to provide protection for the identity of those filing a complaint, regardless of council’s decision to investigate or dismiss the accusation,” the statement said.
The town’s administrative staff is working to draft a new code-of-conduct bylaw including collecting information from municipal legal counsel, provincial departments, and updated bylaws from other municipalities.
Other provinces, the town explained, have made changes to protect against the misuse of the code-of-conduct complaint process, including in Nova Scotia and Alberta — with Alberta moving to remove code of conduct bylaws from councils.
The town called for the province to create “a clear, universal process for councils to follow for code of conduct and conflict of interest complaints.”
“In the absence of a process provided by the Department of Local Government, the development of a new by-law remains challenging,” the release said. “Council and staff will continue requesting additional information and perspectives to develop a fair process in alignment with provincial acts and regulations.”
Geoff Martin, a professor at Mount Allison University, said he supports the creation of a formalized process that could be applied across local governments.
“It is their responsibility to determine the specifics of their process under their own by-laws.” – The New Brunswick Department of Local Government
“I do think the Town of Saint Andrews makes a good point, which is that it’s not the best use of resources,” he said, speaking with The Courier. “I don’t think, for 77 municipalities, all to head out and talk to their solicitors and come up with amendments—who knows how many different directions they’ll go in.”
He said a patchwork of approaches is likely to emerge.
“There could eventually be a judgment saying, you know, you did it wrong because you didn’t follow our advice,” he said, adding then the municipality would be required to re-do the bylaw again.
Martin said he believes someone in the Department of Local Government should develop a process that all municipalities can apply to code-of-conduct and conflict of interest. With new councils and administration, he said there must be guidance for people who are still learning the ins and outs of local governance.
The Department of Local Government told The Courier it provided its partners with the opportunity to contribute during the public consultation process. It said the changes were communicated when they came into effect in 2024.
“Local governments are independent levels of government that are responsible for the development and implementation of their own by-laws,” a statement from the department to The Courier said. “It is their responsibility to determine the specifics of their process under their own by-laws.”
The statement said that if legislative interpretation is required, local government must seek its own legal advice.
Martin said there is a history of the department being hands-off on.
“When I heard about the commission on local government’s ruling or opinion on this matter, I was kind of concerned about the complications of implementing what they’re saying, and the mechanisms as well,” he said.
Martin said a standardized template that all municipalities could implement, with tweaks, would make bylaw creation much easier. However, he said representing mayors and councillors as employees has been used to stifle critical comments.
“You have a duty of loyalty to the municipality. You may have an obligation not to undermine the majority of the council, but you do have the right to disagree with the majority of the council and to disagree with things the municipalities are doing, and that’s what you’ve been elected for,” he said.
He said it will be challenging to develop a sound system for handling these complaints given the greater public obligations involved.
