Acts and Regulations

2021-83 - Designated Easements Regulation

Full text
Current to 1 January 2024
NEW BRUNSWICK
REGULATION 2021-83
under the
Community Planning Act
(O.C. 2021-284)
Filed November 18, 2021
Under section 124 of the Community Planning Act, the Lieutenant-Governor in Council makes the following Regulation:
Citation
1This Regulation may be cited as the Designated Easements RegulationCommunity Planning Act.
Definition of “Act”
2In this Regulation, “Act” means the Community Planning Act.
Designated easements
3For the purposes of the Act, the following types of easements are designated:
(a) local government services easements; and
(b) public utility easements.
Rights which vest in Crown or local government
4For the purposes of paragraphs 87(6)(a) and 88(7)(a) of the Act, an easement designated on a subdivision plan as a local government services easement vests in the Crown or the local government, as the case may be, on the filing of the plan in the land registration office, the following rights:
An easement and rights at the cost, risk and expense of the Crown or the local government, by itself or by its officers, servants, agents, contractors and workers to enter the lands subject to the easement with machinery, materials, vehicles and equipment and to construct, alter, maintain, inspect and repair underground water mains or pipelines, storm sewers, sanitary sewers or any like local government works, including all related works appurtenant to them, restoring without delay as far as is practicable the surface of the lands to the same condition as it was prior to the commencement of the work or excavation, together with the right, by action or otherwise, at any time to enjoin the owner of the lands subject to the easement, including the heirs, executors, administrators, successors and assigns of the owner, from erecting or locating on the lands subject to the easement any building, structure or other obstacle which could impair the free and full use of the easement or permitting the erection or location on them of any such building, structure or other obstacle.
Rights which vest in public utility
5For the purposes of paragraphs 87(6)(b) and 88(7)(b) of the Act, an easement designated on a subdivision plan as a public utility easement vests in the public utility indicated on the plan, on the filing of the plan in the land registration office, the following rights:
An easement and rights at the cost, risk and expense of the public utility, its successors and its assigns, by itself or themselves or by its or their officers, servants, agents, contractors and workers to enter the lands subject to the easement with machinery, materials, vehicles and equipment and to construct, alter, maintain, inspect and repair underground gas pipelines, underground or aboveground electrical, telephone or other telecommunication transmission lines or any like public utility works, including where necessary permanent towers, poles, relay or switching stations, as well as all other related works appurtenant to them, restoring without delay as far as is practicable the surface of the lands to the same condition as it was prior to the commencement of the work or excavation, together with the right, by action or otherwise, at any time to enjoin the owner of the lands subject to the easement, including the heirs, executors, administrators, successors and assigns of the owner, from erecting or locating on the lands subject to the easement any building, structure or other obstacle which could impair the free and full use of the easement or permitting the erection or location on them of any such building, structure or other obstacle.
Repeal
6New Brunswick Regulation 84-217 under the Community Planning Act, chapter C-12 of the Revised Statutes, 1973, is repealed.
N.B. This Regulation is consolidated to November 18, 2021.