RTA · Municipal Government Act
Part 5 — Councils, Councillors and Council Committees Division 1 Councils and Council Committees
146.08 Determination of contravention and sanctions
must, by resolution, determine if the councillor who is the subject
of the report has contravened the accountability framework.
(2) For the purposes of subsection (1),
(a) a motion for a proposed resolution must
(i) ask if the councillor who is the subject of the report has
contravened the accountability framework, and
(ii) not propose the council finds no contravention,
(b) if no councillor makes a mo tion in accordance with clause
(a), the chief elected official must make the motion,
(c) if the vote approves the proposed resolution, the council has
determined a contravention of the accountability framework
as described in the proposed resolution has occurred,
(d) if the vote does not approv e the proposed resolution, the
council has determined a contravention of the accountability
framework as described in the proposed resolution has not
occurred, and
(e) the council may, by separate motions for proposed
resolutions, determine that the subject of the report has
contravened some provisions of the accountability
framework and has not contravened other provisions.
(3) If a council determines that a contravention of the
accountability framework has occurred, the council must, by
resolution,
(a) apply the sanctions set out in the report, if any,
(b) apply one or more different sanctions, or
(c) apply no sanctions.
(4) Notwithstanding section 172.1(2), a councillor who is the
subject of an investigation report submitted to a council must, if
present,
(a) abstain from discussion o f the report and any resolution
relating to the report,
(b) abstain from voting on any r esolution relating to the report,
and
RSA 2000
Section 146.09 MUNICIPAL GOVERNMENT ACT Chapter M-26
112
(c) leave the room in which the meeting is being held until
discussion and voting on the report and any resolution
related to it are concluded.
2026 c10 s4(6)