Government of New Brunswick

Sections of the Local Governance Act:  Sections 177 - 179

Description:
Part 16 sets out immunity and indemnity provisions with respect to nuisance actions and provisions related to fire protection and rescue services in both local governments and local service districts.

The sections in the Act are:

  • Immunity from liability in nuisance
  • Immunity – fire protection services and rescue services
  • Indemnity – fire protection services in LSDs

New Provisions and Intent:
Provisions in the Local Governance Act have been clarified and simplified, and immunity for liability in nuisance has been expanded.

Immunity for liability in nuisance
Immunity is expanded to include water systems. “Wastewater” systems has replaced reference to “sewer” systems.

Immunity – fire protection services and rescue services
Immunity from the actions of a member of a fire department or a former member of a fire department has been expanded to include actions of a member carrying out a public function. As well, reference to ‘non-fire related rescue services’ has been changed to ‘rescue services’.