NLR 70/24 - Councillor Remuneration and Reimbursement Regulations under the Towns and Local Service Districts Act

NEWFOUNDLAND AND LABRADOR REGULATION 70/24 Councillor Remuneration and Reimbursement Regulations under the Towns and Local Service Districts Act (O.C. 2024-167) Amended: 84/24 NEWFOUNDLAND AND LABRADOR REGULATION 70/24 Councillor Remuneration and Reimbursement Regulations under the Towns and Local Service Districts Act (O.C. 2024-167) (Filed October 24, 2024) Under the authority of section 299 of the Towns and Local Service Districts Act, the Lieutenant-Governor in Council makes the following regulations. Dated at St. John’s, October 23, 2024. Krista Quinlan Clerk of the Executive Council REGULATIONS Analysis 1. Short title 2. Definitions 3. Remuneration 4. Maximum total remuneration 5. Entitlement 6. Method of payment 7. Reimbursement rates 8. Reimbursement of expenses 9. Publication 10. No conflict of interest 11. Repeal 12. Commencement Short title 1. These regulations may be cited as the Councillor Remuneration and Reimbursement Regulations . 70/24 s1 Back to Top Definitions 2. In these regulations (a) "Act" means the Towns and Local Service Districts Act ; (b) "fixed revenue" means revenue raised from taxes, fees, operating grants, grants in lieu and other assured revenues other than subsidies and capital grants paid to a town by the government of the province or the government of Canada; (c) "leave of absence" means a period of time during which a councillor is not involved with the activities of the town council with the approval of the town council; (d) "quarter" means a period extending from January 1 to March 31, April 1 to June 30, July 1 to September 30 or October 1 to December 31; and (e) "town council meetings" means ( i ) monthly meetings required under the Act, (ii) other regularly scheduled public town council meetings, and (iii) special meetings as scheduled by the town clerk on the request of the mayor or any 2 councillors. 70/24 s2 Back to Top Remuneration 3. A town council may, by a vote of 2/3 of the councillors in office, pay remuneration to a councillor and shall set the amount to be paid to the councillor. 70/24 s3 Back to Top Maximum total remuneration 4. Notwithstanding section 3, where the total fixed revenue in the approved budget for the financial year of the town council is (a) less than $250,000, the total remuneration voted to be paid by a town council in a year under section 3 shall not exceed the lesser of ( i ) 5% of the total fixed revenue, and (ii) $10,000; (b) $250,000 or more but less than $500,000, the total renumeration voted to be paid by a town council in a year under section 3 shall not exceed the lesser of ( i ) 4% of the total fixed revenue, and (ii) $15,000; (c) $500,000 or more but less than $1,000,000, the total remuneration voted to be paid by a town council in a year under section 3 shall not exceed the lesser of ( i ) 3% of the total fixed revenue, and (ii) $20,000; or (d) more than $1,000,000, the total remuneration voted to be paid by a town council in a year under section 3 shall not exceed 2% of the total fixed revenue. 70/24 s4 Back to Top Entitlement 5. (1) A councillor is entitled to remuneration for each quarter during which the councillor holds office provided that the councillor attends more than half of the town council meetings during that quarter. (2) Notwithstanding subsection (1), a councillor who was granted a paid leave of absence for one or more quarters by the town council is entitled to remuneration for the quarter for which the councillor was granted a paid leave of absence regardless of whether the councillor attended more than half of the town council meetings during that quarter. (3) A councillor is entitled to a proportionate share of remuneration for a quarter where one of the following apply: (a) the councillor is elected or appointed during the quarter and attended more than half of the town council meetings during the quarter after being elected or appointed; (b) the councillor was granted an unpaid leave of absence during the quarter and attended more than half of the town council meetings during the quarter before the councillor was granted an unpaid leave of absence; or (c) the councillor resigns, or due to an election or for another reason, ceases to be a councillor during the quarter and attended more than half of the town council meetings during the quarter before the councillor ceased to be a councillor. (4) For the purposes of subsection (3), a proportionate share of remuneration is calculated by (a) dividing the maximum amount of remuneration that a councillor would be entitled to receive during the quarter by the number of town council meetings held during that quarter, and (b) multiplying that calculated amount by the number of town council meetings attended by the councillor during that quarter. 70/24 s5 Back to Top Method of payment 6. (1) T he remuneration voted to be paid under section 3 shall be paid to a councillor each quarter by a town cheque or a direct deposit payroll system. (2) Remuneration paid to a councillor by a town is subject to all deductions that are required by an Act of the province or of Canada, which amounts shall be deducted and remitted by the town as required by law. (3) The town clerk shall (a) maintain a record of remuneration paid to each councillor; and (b) provide a copy of a councillor's record of remuneration to the councillor. 70/24 s6 Back to Top Reimbursement rates 7. (1) A town council may, by a vote of 2/3 of the councillors in office, set reimbursement rates for the following expenses: (a) accommodations; (b) transportation costs using a personal vehicle; (c) transportation costs using a vehicle other than a personal vehicle; (d) meals ; (e) miscellaneous expenses; (f) parking; and (g) actual s ubstantiated loss of income. (2) Notwithstanding subsection (1), a rate set by a town council (a) under paragraph (2)(e) shall not exceed $20 per day; and (b) under paragraph (2)(g) shall not exceed $300 per day. 70/24 s7 Back to Top Reimbursement of expenses 8. (1) A town council may, by a vote of the majority of the councillors, reimburse a councillor for expenses referred to in subsection 7(1) at the rate set by the town council where (a) the expenses were incurred in the conduct of town business; and (b) the town business in which the expenses were incurred was approved by the town council before the town business was conducted. (2) A councillor who requests reimbursement under this section shall (a) provide documentation for all expenses incurred; (b) submit a claim to the town clerk in the form required by the town council; and (c) not take part in the vote referred to in subsection (1). (3) A claim submitted under subsection (2) shall be certified by the town clerk and where approved by the town council, shall be paid by a town cheque or a direct deposit payroll system no later than 60 days after the expenses were incurred. 70/24 s8 ; 84/24 s1 Back to Top Publication 9. A town council shall make the amount of remuneration set under section 3 and the rates set under subsection 7(1) available for public inspection during normal business hours and shall publish it on the town's website, where the town has a website. 70/24 s9 Back to Top No conflict of interest 10. Notwithstanding paragraph 5(1)(a) of the Municipal Conduct Act, a councillor who is involved in a vote under section 3 or subsection 7(1) does not have a conflict of interest in relation to that vote. 70/24 s10 Back to Top Repeal 11. The Municipal Councillor Remuneration and Reimbursement Regulations, 2001 Newfoundland and Labrador Regulation 89/01, are repealed. 70/24 s11 Back to Top Commencement 12. These regulations come into force on January 1, 2025. 70/24 s12