RTA · Municipal Government Act
Part 5 — Councils, Councillors and Council Committees Division 1 Councils and Council Committees
146.09 Appeals
the Minister must designate individuals whom the Minister
considers qualified as appeals commissioners for the purpose of
hearing appeals under this section, subject to any terms and
conditions the Minister considers necessary.
(2) A councillor who has made a complaint or a councillor who is
the subject of a determination relating to the accountability
framework may, in accordance with the accountability framework,
appeal one or both of the following:
(a) the council's determination that there was or was not a
contravention of the accountability framework;
(b) the council's decision to apply or not to apply a sanction.
(3) A person may make an appeal notwithstanding that the person
is no longer a member of the council.
(4) An appeal made under this section must
(a) be made within the timelin e set out in the accountability
framework, and
(b) include the fee set out in the accountability framework, if
any.
(5) Within the timeline set out in the accountability framework, the
Minister must appoint an appeals commissioner to hear the appeal.
(6) An appeals commissioner must hear the appeal within the
timeline and in accordance with the processes, if any, set out in the
accountability framework.
(7) A council that has made a determination of a contravention
may, at the discretion of the council, be involved as a party in an
appeal under this section.
(8) After hearing an appeal, the appeals commissioner shall
recommend in writing to the Minister whether to accept, reject or
vary
(a) the council's determination under section 146.08(1), and
RSA 2000
(b) the sanctions or lack of sanctions applied against the
councillor.
(9) If an appeals commissioner's recommendation is different from
the council's determination or the council's decision to apply or not
to apply sanctions, the appeals commissioner must provide reasons
for the recommendation.
(10) After receiving the appeals commissioner's recommendations
and within the timeline set out in the accountability framework, the
Minister, by order,
(a) must determine if there h as been a contravention of the
accountability framework, and
(b) may apply one or more sanctions.
(11) If the Minister makes an order under subsection (10), the
Minister must provide written reasons for the Minister's decision to
(a) the person who made the complaint,
(b) the person who was the su bject of the determination or
sanctions, if any,
(c) the council, and
(d) the appeals commissioner.
(12) In accordance with the accountability framework, the
Minister must publish on the Minister's website
(a) an appeal commissioner's recommendation,
(b) the appeal commissioner's reasons for the recommendation,
if any, and
(c) the reasons provided under subsection (11) for the
Minister's decision.
(13) The Minister may pay the costs of an appeal or, in accordance
with the accountability framework, order the municipality to pay
the costs of the appeal.
2026 c10 s4(6)
Division 1.1 Repealed 2025 c13 s2(3).
RSA 2000
Section 147 MUNICIPAL GOVERNMENT ACT Chapter M-26
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