Acts and Regulations

2016, c.28, s.1 - Agriculture Appeal Board Act

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Current to 13 December 2023
CHAPTER 2016, c.28, s.1
Agriculture Appeal Board Act
Assented to July 8, 2016
NOTE: Enacted by section 1 of chapter 28 of the Acts of New Brunswick, 2016.
Definitions
1The following definitions apply in this Act.
“agricultural producer” means a person who carries on an agricultural operation within the meaning of the Agricultural Operation Practices Act.(producteur agricole)
“Board” means the Agriculture Appeal Board established under section 2. (Commission)
“chair” means the chair of the Board. (président)
“Civil Service” means the Civil Service as defined in the Civil Service Act. (Fonction publique)
“livestock producer” means a person who carries on a livestock operation within the meaning of the Livestock Operations Act.(éleveur de bétail)
“Minister” means the Minister of Agriculture, Aquaculture and Fisheries and includes any person designated by the Minister to act on the Minister’s behalf. (ministre)
“panel” means a panel of the Board constituted under section 7.(comité)
“vice-chair” means a vice-chair of the Board. (vice-président)
Establishment of the Board and appointments
2(1)There is established an appeal board to be known as the Agriculture Appeal Board.
2(2)The Board shall consist of five to nine members, who shall be appointed by the Lieutenant-Governor in Council and shall include the following persons:
(a) a minimum of one person who shall be nominated by the Minister of Local Government from among the land use and planning employees of that department;
(b) a minimum of two current or former livestock producers;
(c) a minimum of one current or former agricultural producer; and
(d) a minimum of one person who is not an employee of the Civil Service.
2(3)Not more than half of the members of the Board shall be employees of the Civil Service.
2(4)The Lieutenant-Governor in Council shall appoint a chair and a vice-chair from among the members of the Board.
2020, c.25, s.7; 2023, c.40, s.6
Terms of office and revocation of appointments
3(1)A member of the Board shall be appointed for a term not exceeding five years and may be reappointed.
3(2)Subject to subsection (3), a member of the Board remains in office until the member resigns or is reappointed or replaced.
3(3)A member of the Board may be removed for cause by the Lieutenant-Governor in Council.
3(4)If a member of the Board resigns or is replaced, the chair may authorize that person to carry out and complete the functions and exercise any powers that the person would have had, if the person had not ceased to be a member of the Board.
Vacancy
4(1)If a vacancy occurs on the Board, the Lieutenant-Governor in Council may appoint a person to fill the vacancy for the balance of the term of the chair, vice-chair or other member of the Board replaced.
4(2)A vacancy on the Board does not impair the capacity of the Board to act so long as a quorum is maintained.
Remuneration and expenses
5(1)A member of the Board who is not an employee of the Civil Service is entitled to be paid the remuneration fixed by the Lieutenant-Governor in Council.
5(2)A member of the Board is entitled to be reimbursed for accommodation, meal and travel expenses reasonably incurred in connection with his or her functions in accordance with the Treasury Board travel policy guidelines, as amended.
2016, c.37, s.185
Duties, functions and powers of the Board
6(1)The Board may exercise any power conferred on the Board and shall perform the duties and functions required to be performed by the Board under this Act or the regulations or any other Act or regulation, including
(a) the Agricultural Land Protection and Development Act,
(b) the Livestock Operations Act, and
(c) New Brunswick Regulation 84-75 under the Real Property Tax Act.
6(2)The Board may confirm, vary or revoke
(a) a decision of the Minister under the Agricultural Land Protection and Development Act,
(b) a decision of the Registrar under the Livestock Operations Act, or
(c) a decision of the Registrar under New Brunswick Regulation 84-75 under the Real Property Tax Act.
6(3)The Board shall perform any other duty or function as may be prescribed by regulation and may exercise such other powers as may be prescribed by regulation.
Panels of the Board
7(1)The chair may assign three or more members of the Board in accordance with the regulations to sit as members of a panel of the Board, one of whom shall be the chair or the vice-chair.
7(2)The chair may direct a panel to hold any hearing that the Board itself could hold.
7(3)The chair or the vice-chair, as the case may be, shall preside at a hearing of a panel.
7(4)A panel constituted under subsection (1) constitutes a quorum.
7(5)With respect to its functions, a panel has the same jurisdiction as that of the Board and may exercise all the powers of the Board under legislation with respect to a hearing that the panel is directed to hold, and, for that purpose, any reference in legislation to the Board is deemed to be a reference to a panel.
7(6)Any decision rendered or act done by a panel shall be a decision rendered or act done by the Board.
Practice and procedure of the Board
8(1)Subject to this Act and the regulations, the Board may make rules governing the practice and procedure of the Board for hearings permitted or required under this Act and for the conduct of meetings.
8(2)The Regulations Act does not apply to the rules made under subsection (1).
8(3)For the purpose of hearing an appeal, the Board may collect any information, including personal information, that is necessary for a hearing.
8(4)A party to an appeal shall be given a full right to be heard and may be represented at a hearing by an agent or counsel.
8(5)The chair shall determine the date, time and place of hearings of the Board.
8(6)A majority of the members of the Board constitutes a quorum.
8(7)The chair or, in his or her absence, the vice-chair shall preside at a hearing of the Board.
8(8)In its discretion, the Board may adjourn a hearing.
Decisions
9(1)After hearing an appeal, the Board shall render a decision in writing along with the reasons for its decision.
9(2)A decision of the Board shall be made by a majority vote of the members present, and, in the event of a tie vote, the person presiding at the hearing shall cast the deciding vote.
9(3)The person presiding at the hearing shall sign all decisions issued by the Board under subsection (1).
9(4)The chair shall send a copy of the decision of the Board by mail to all parties involved in the appeal and to the Minister.
9(5)Within 30 days of the date that a copy of a decision is mailed under subsection (4), a person who is subject to the decision may appeal the decision to a judge of The Court of King’s Bench of New Brunswick in accordance with the Rules of Court.
2023, c.17, s.5
Immunity and indemnity
10(1)No action, application or other proceeding lies or shall be instituted against any member or former member of the Board in relation to anything done or purported to be done in good faith, or in relation to anything omitted in good faith, under this Act.
10(2)A member or former member of the Board shall be indemnified by the Crown in right of the Province against all costs, charges and expenses incurred by him or her in relation to any action, application or other proceeding brought against him or her in connection with the functions of the member and with respect to all other costs, charges and expenses that he or she incurs in connection with those functions, except costs, charges and expenses that are occasioned by that person’s own wilful neglect or wilful default.
Regulations
11The Lieutenant-Governor in Council may make regulations
(a) prescribing duties, functions and powers of the Board for the purposes of subsection 6(3);
(b) providing for the establishment, composition and administration of a panel to hear appeals;
(c) authorizing the Minister to provide forms for the purposes of this Act and the regulations;
(d) respecting procedures to be followed by, the conduct of hearings by and the rendering of decisions by the Board or a panel;
(e) respecting the effect of a decision of the Minister or the Registrar pending the outcome of an appeal;
(f) defining any word or expression used in but not defined in this Act, for the purposes of this Act, the regulations, or both; and
(g) governing any matter that the Lieutenant-Governor in Council considers necessary for the administration of this Act.
TRANSITIONAL PROVISIONS
Abolition of boards
12(1)The following boards are abolished:
(a) the Agricultural Land Appeal Board established under section 9 of New Brunswick Regulation 97-83 under the Agricultural Land Protection and Development Act;
(b) the Farm Land Identification Program Appeal Board established under section 12 of New Brunswick Regulation 84-75 under the Real Property Tax Act;
(c) the Livestock Operations Appeal Board established under section 14 of New Brunswick Regulation 99-32 under the Livestock Operations Act.
12(2)All appointments or designations of persons as chairpersons, chairmen, vice-chairmen, alternate chairpersons, secretaries or as members or alternate members of the boards abolished under subsection (1) are revoked.
12(3)All contracts, agreements, orders or by-laws relating to the remuneration or the rate of reimbursement for expenses to be paid to the members of the boards abolished under subsection (1) are null and void.
12(4)Despite the provisions of a contract, agreement, order or by-law, no remuneration or expenses shall be paid to the members of the boards abolished under subsection (1).
12(5)No action, application or other proceeding lies or shall be instituted against the Minister of Agriculture, Aquaculture and Fisheries, the Minister of Finance or the Crown in right of the Province before any court or administrative body in New Brunswick as a result of the abolition of the boards under subsection (1) or the revocation of appointments under subsection (2).
Ongoing hearings
13(1)If, immediately before the commencement of this section, a decision of the Minister or a Registrar was under appeal, the board abolished under subsection 12(1) that was responsible for the appeal shall complete the hearing even though the Agriculture Appeal Board would hear the appeal if it were begun after the commencement of this section.
13(2)A hearing completed by a board under subsection (1) shall be completed in accordance with the law as it existed immediately before the commencement of this section.
13(3)A decision made by a board referred to in subsection (1) shall be deemed to be a decision of the Agriculture Appeal Board.
13(4)Any decision of a board abolished under subsection 12(1) that is valid and of full force and effect immediately before the commencement of this section continues to be valid and of full force and effect, despite the abolition of the board, and shall be deemed to be a decision of the Agriculture Appeal Board.
Transfer of records to Board
14All records of the boards abolished under subsection 12(1) shall be transferred to the Agriculture Appeal Board.
Immunity and indemnity
15Section 10 of this Act applies, with the necessary modifications, to former members of the boards abolished under subsection 12(1).
References to former boards
16When in any Act, other than this Act, or in any regulation, rule, order, by-law, agreement or other instrument or document, reference is made to the following boards, it shall be read, unless the context otherwise requires, as a reference to the Agriculture Appeal Board:
(a) the Agricultural Land Appeal Board established under section 9 of New Brunswick Regulation 97-83 under the Agricultural Land Protection and Development Act;
(b) the Farm Land Identification Program Appeal Board established under section 12 of New Brunswick Regulation 84-75 under the Real Property Tax Act;
(c) the Livestock Operations Appeal Board established under section 14 of New Brunswick Regulation 99-32 under the Livestock Operations Act.
N.B. This Act was proclaimed and came into force January 31, 2018.
N.B. This Act is consolidated to December 13, 2023.