Acts and Regulations

84-11 - General

Full text
Current to 16 June 2023
NEW BRUNSWICK
REGULATION 84-11
under the
Expropriation Act
(O.C. 84-46)
Filed February 3, 1984
Under section 56 of the Expropriation Act, the Lieutenant-Governor in Council makes the following Regulation:
1This Regulation may be cited as the General Regulation - Expropriation Act.
2In this Regulation
“Act” means the Expropriation Act.(Loi)
3(1)The forms set forth in Appendix A shall be used in matters dealt with in Part I of the Act.
3(2)The forms set forth in Appendix B shall be used in matters dealt with in Part II of the Act.
3(3)The forms prescribed by this Regulation may be varied to suit individual circumstances.
3(4)No proceeding before the Officer or the Court shall be defeated or affected by any technical objection as to the form used or based on defects in form.
4(1)The notice of arbitration referred to in subsection 31(1) of the Act or referred to in subsection 31(2) of the Act shall be in Form B-1.
4(2)A notice of arbitration shall be deemed to be an originating process within the meaning of Rule 16 of the Rules of Court.
4(3)The Rules of Court apply to a notice of arbitration with such changes as are necessary.
4(4)The person issuing the notice of arbitration shall be styled as the applicant and any person affected by the notice of arbitration as a respondent.
5(1)A respondent who intends to appear and present his case shall file and serve a notice of intent to reply in Form B-4.
5(2)A respondent who has filed and served a notice of intent to reply shall file and serve a reply in Form B-5.
5(3)A notice of intent to reply shall be deemed to be a notice of intent to defend within the meaning of Rule 20.02 of the Rules of Court and a reply shall be deemed to be a statement of defence within the meaning of Rule 20 of the Rules of Court.
5(4)The Rules of Court apply with such changes as are necessary to a notice of intent to reply and a reply.
6Regulation 83-34 under the Expropriation Act is repealed.
7This Regulation comes into force on April 1, 1984.
N.B. This Regulation is consolidated to June 16, 2023.