Acts and Regulations

2018-6 - General

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Current to 1 January 2024
NEW BRUNSWICK
REGULATION 2018-6
under the
Agriculture Appeal Board Act
(O.C. 2018-30)
Filed January 31, 2018
Under section 11 of the Agriculture Appeal Board Act, the Lieutenant-Governor in Council makes the following Regulation:
Citation
1This Regulation may be cited as the General Regulation – Agriculture Appeal Board Act.
Definitions
2The following definitions apply in this Regulation.
“Act” means the Agriculture Appeal Board Act.(Loi)
“appellant” means a person who serves a notice of appeal under subsection 3(1).(appelant)
Procedure for appeal
3(1)Within 60 days after receiving a decision referred to in subsection 6(2) of the Act, a person may appeal the decision by serving a notice of appeal on
(a) the Minister, and
(b) if the Registrar is a party, the Registrar.
3(2)A notice of appeal shall be on a form provided by the Minister.
3(3)The following persons are parties to an appeal:
(a) the appellant;
(b) in the case of an appeal of a decision under the Agricultural Land Protection and Development Act, the Minister;
(c) in the case of an appeal of a decision under the Farm Land Identification Regulation – Real Property Tax Act or the Livestock Operations Act, the Registrar.
3(4)On receipt of a notice of appeal under subsection (1), the Minister shall notify the chair without delay that an appeal has been commenced.
3(5)The chair shall set the date, time and place of a hearing of an appeal, and the hearing shall be held not later than 90 business days after the chair is notified under subsection (4).
3(6)Within 45 business days after being notified under subsection (4), the chair shall serve notice of the hearing on the parties.
3(7)At the request of an appellant, the chair may adjourn the hearing for the period of time that the chair considers appropriate.
Panels of the Board
4(1)For the purposes of subsection 7(1) of the Act, a panel of the Board shall consist of
(a) the chair or the vice-chair, and
(b) subject to subsections (2) and (3), at least two other members assigned by the chair from among the members appointed under subsection 2(2) of the Act.
4(2)When a panel of the Board is established to hear an appeal of a decision of the Minister under the Agricultural Land Protection and Development Act or a decision of the Registrar under the Farm Land Identification Regulation – Real Property Tax Act, not less than half of the members referred to in paragraph (1)(b) shall be current or former agricultural producers.
4(3)When a panel of the Board is established to hear an appeal of a decision of the Registrar under the Livestock Operations Act, the part of the panel composed of members referred to in paragraph (1)(b) shall consist of a minimum of three current or former agricultural producers, at least two of whom shall be current or former livestock producers.
Service of documents
5(1)An order, notice or other document that is to be served on a person under this Regulation shall be sufficiently served
(a) if it is personally served, in the manner in which personal service may be made under the Rules of Court, or
(b) if it is mailed, by prepaid registered mail, to
(i) the last known or usual address of that person, or
(ii) the last address of that person reported to the Minister or the Registrar, as the case may be, under the Act or the regulations.
5(2)Service by prepaid registered mail shall be deemed to have been effected five days after the date of mailing.
Appearance at hearing
6If an appellant does not appear at the time, date and place set for the hearing, the Board or a panel, as the case may be, may dismiss the appeal.
Appeal not a stay of decision
7The commencement of an appeal of a decision under the Livestock Operations Act shall not operate as a stay of the decision being appealed and the decision being appealed has the same force and effect as it would have had if no appeal had been commenced.
Commencement
8This Regulation comes into force on January 31, 2018.
N.B. This Regulation is consolidated to January 31, 2018.