N.B. codes of conduct allow for degree of council secrecy not possible under N.S. rules

Under New Brunswick rules, the public can be kept in the dark when their local officials face discipline, a stark contrast to the more transparent approach taken in neighboring Nova Scotia. Recent incidents in various municipalities across New Brunswick have raised concerns about due process and the lack of public disclosure in disciplinary actions.

In Strait Shores, an eastern New Brunswick municipality, a councillor was temporarily suspended following an investigation that was conducted in secret, only to later be found in violation of due process. Similarly, in the northern municipality of Heron Bay, which includes Dalhousie and Charlo, Mayor Normand Pelletier was suspended by council without any public explanation provided. Additionally, in Sunbury-York South, details of Mayor David Hayward’s suspension were not shared with the public.

Questions surrounding due process have also emerged in Grand Lake, where a councillor was suspended in April without being given the opportunity to respond to the allegations against them. These incidents highlight the ambiguity and lack of transparency in New Brunswick’s current code of conduct for municipal elected officials.

In contrast, Nova Scotia recently adopted a new code of conduct for municipal elected officials that applies uniformly across all 49 municipalities in the province. This new code outlines a clear and transparent process for handling complaints and disciplinary actions against elected officials. It requires that council members facing complaints be given the opportunity to review and respond to investigator reports, and mandates public disclosure of specific rule violations, investigator recommendations, and imposed sanctions.

The Nova Scotia code of conduct is significantly more detailed, encompassing 3,971 words compared to New Brunswick’s 898-word code. It also includes provisions for regular training on the code for elected officials, ensuring a better understanding of expectations and procedures. Additionally, the Nova Scotia code emphasizes transparency and public accountability, requiring councils to share details of disciplinary actions with the public.

André Daigle, a municipal law lawyer in Dieppe, has emphasized the need for clearer guidelines and a more standardized approach to code of conduct investigations in New Brunswick. He believes that the current ambiguity leaves municipalities vulnerable and at risk of creating inconsistent policies.

While Nova Scotia’s code of conduct sets a high standard for transparency and procedural fairness, New Brunswick’s decentralized approach leaves room for improvement. The lack of uniformity and clarity in New Brunswick’s code of conduct has raised concerns about due process and public accountability in disciplinary matters involving elected officials.

Moving forward, it is essential for New Brunswick to consider adopting a more comprehensive and transparent code of conduct for municipal elected officials, similar to the model implemented in Nova Scotia. By establishing clear guidelines and procedures, municipalities can ensure that disciplinary actions are conducted fairly and openly, fostering public trust and accountability in local government.