Acts and Regulations

U-2 - Unsightly Premises Act

Table of contents
Full text
Repealed on 10 February 2015
CHAPTER U-2
Unsightly Premises Act
Repealed: R.S.N.B. 2014, Schedule A.
INTERPRETATION
Definitions
1In this Act,
“Department” means the Department of Environment and Local Government;(ministère)
“highway” includes road, lane, street or other public thoroughfare;(route)
“inspector” means an inspector appointed under section 11;(inspecteur)
“Minister” means the Minister of Environment and Local Government and includes any person designated by the Minister to act on the Minister’s behalf;(Ministre)
“person” in addition to the meaning ascribed to it by the Interpretation Act includes a municipality, a rural community and the Crown;(personne)
“premises” means lands within one hundred fifty metres of the right-of-way, on either side, of a highway;(lieux)
“salvage” includes second-hand, used, discarded or surplus metals, bottles or goods, unserviceable, discarded or junked motor vehicles, bodies, engines or other component parts of a motor vehicle, and articles of every description;(objets de récupération)
“salvage yard” means a building, warehouse, yard or other premises in which salvage is stored or kept pending resale or delivery to another person.(dépôt d’objets de récupération)
1967, c.24, s.2; 1971, c.74, s.1; 1973, c.70, s.1; 1975, c.64, s.1; 1977, c.M-11.1, s.29; 1981, c.77, s.1; 1986, c.8, s.128; 1989, c.55, s.50; 2000, c.26, s.277; 2005, c.7, s.1; 2005, c.7, s.88; 2006, c.16, s.177; 2012, c.39, s.149
Interpretation
1.01In sections 3.1 and 6
“dwelling” means a building any part of which is used or is intended to be used for the purposes of human habitation, whether or not the building is in such state of disrepair so as to be unfit for such purpose;(habitation)
“dwelling unit” means one or more rooms located within a dwelling and used or intended to be used for human habitation by one or more persons.(logement)
2006, c.4, s.18
ADMINISTRATION
Administration of Act
1.1(1)The Minister shall administer this Act.
1.1(2)The Minister may designate any person to act on his behalf.
1975, c.64, s.2
APPLICATION
Application of Act
2Notwithstanding any other Act, this Act applies to the whole of the Province including municipalities and rural communities and binds the Crown.
1967, c.24, s.3; 1971, c.74, s.2; 2005, c.7, s.88
DUTY OF OWNER OR OCCUPIER
Duty of owner or occupier
3(1)No person shall permit premises owned or occupied by him to be unsightly by permitting to remain, on any part of such premises, any ashes, junk, rubbish, refuse, residue of production or construction, bodies or parts of automobiles or other vehicles or machinery or a tumbledown building.
3(2)No person shall permit a building or structure owned or occupied by him to become a hazard to the safety of the public by reason of dilapidation or unsoundness of structural strength.
1967, c.24, s.4; 1971, c.74, s.3
Offence
3.1(1)A person who violates or fails to comply with subsection 3(2) commits an offence that is, subject to subsections (2) and (3), punishable under Part II of the Provincial Offences Procedure Act as a category F offence.
3.1(2)Notwithstanding subsection 56(6) of the Provincial Offences Procedure Act, where a person who is leasing a dwelling or dwelling unit to another person commits an offence under subsection (1) in relation to the dwelling or dwelling unit, the minimum fine that may be imposed by a judge under that Act in respect of the offence shall be one thousand dollars.
3.1(3)Where an offence under subsection (1) continues for more than one day,
(a) if the offence was committed in relation to a dwelling or dwelling unit by a person who is leasing the dwelling or dwelling unit to another person,
(i) the minimum fine that may be imposed is the sum of
(A) one thousand dollars, and
(B) the minimum fine set by the Provincial Offences Procedure Act for a category F offence multiplied by the number of days during which the offence continues after the first day, and
(ii) the maximum fine that may be imposed is the maximum fine set by the Provincial Offences Procedure Act for a category F offence multiplied by the number of days during which the offence continues, and
(b) in any other case,
(i) the minimum fine that may be imposed is the minimum fine set by the Provincial Offences Procedure Act for a category F offence multiplied by the number of days during which the offence continues, and
(ii) the maximum fine that may be imposed is the maximum fine set by the Provincial Offences Procedure Act for a category F offence multiplied by the number of days during which the offence continues.
2006, c.4, s.18
NOTICE TO OWNER OR OCCUPIER
Notice to owner or occupier
4(1)Where the Minister is satisfied that a condition mentioned in section 3 exists, the Minister may so notify the owner or occupier of the premises, building or structure.
4(2)A notice under subsection (1) shall
(a) be in writing,
(b) be signed by the Minister,
(c) state that the condition mentioned in section 3 exists,
(d) state what must be done to correct the condition,
(e) state the date before which the condition must be corrected, and
(f) be served either by personal delivery thereof to the person to be so notified or by the deposit in the mails of such notice, registered in an envelope with postage prepaid, addressed to such person at his address as shown by the records of the department.
1967, c.24, s.5; 1971, c.74, s.4
ENFORCEMENT
Evidence
5(1)The giving of notice by mail as provided for in subsection 4(2) is deemed to be complete upon the expiration of four days after the deposit of such notice in the mail.
5(2)Proof of the giving of notice in either manner provided for in subsection 4(2) may be by a certificate or an affidavit purporting to be signed by an officer or employee of the department naming the person to whom the notice was given and specifying the time, place and manner of the giving thereof.
5(3)A document that purports to be a certificate of an officer or employee of the department that the notice was given in the manner provided in subsection 4(2)
(a) shall be admissible in evidence without proof of the signature, and
(b) shall be conclusive proof that the person named in the certificate received notice of the matters referred to in the certificate.
5(4)In any prosecution for an offence under this Act when proof of the giving of notice is made as prescribed under subsection (2) the burden of proving that he is not the person named or referred to in the certificate or affidavit shall be upon the person charged.
5(5)A notice given under the provisions of this Act and purporting to be signed by the Minister shall be
(a) received in evidence by any court in the Province without proof of the signature thereon,
(b) prima facie evidence of the facts stated therein; and
(c) on the hearing of an information for a violation of this Act, prima facie evidence that the person named therein is the owner or the occupier of the premises in respect of which the notice was given.
1967, c.24, s.6
Offences and penalties
6(1)A person who fails to comply with the terms of a notice under section 4 commits an offence that is, subject to subsections (1.1) and (1.2), punishable under Part II of the Provincial Offences Procedure Act as a category F offence.
6(1.1)Notwithstanding subsection 56(6) of the Provincial Offences Procedure Act, where a person who is leasing a dwelling or dwelling unit to another person commits an offence under subsection (1) in relation to a notice under section 4 given with respect to the dwelling or dwelling unit, the minimum fine that may be imposed by a judge under that Act in respect of the offence shall be one thousand dollars.
6(1.2)Where an offence under subsection (1) continues for more than one day,
(a) if the offence was committed by a person in relation to notice under section 4 given with respect to a dwelling or dwelling unit the person is leasing to another person,
(i) the minimum fine that may be imposed is the sum of
(A) one thousand dollars, and
(B) the minimum fine set by the Provincial Offences Procedure Act for a category F offence multiplied by the number of days during which the offence continues after the first day, and
(ii) the maximum fine that may be imposed is the maximum fine set by the Provincial Offences Procedure Act for a category F offence multiplied by the number of days during which the offence continues, and
(b) in any other case,
(i) the minimum fine that may be imposed is the minimum fine set by the Provincial Offences Procedure Act for a category F offence multiplied by the number of days during which the offence continues, and
(ii) the maximum fine that may be imposed is the maximum fine set by the Provincial Offences Procedure Act for a category F offence multiplied by the number of days during which the offence continues.
6(2)Repealed: 2006, c.4, s.18.
6(3)The conviction of a person under this section does not operate as a bar to further prosecution for the continued neglect or failure on his part to comply with the provisions of this Act.
1967, c.24, s.7; 1971, c.74, s.5; 1973, c.70, s.2; 1981, c.77, s.2; 1990, c.61, s.141; 2006, c.4, s.18
Power of Minister
7Where a notice has been given under section 4 and the owner or occupier does not comply with the notice within the time allowed, the Minister may, rather than commencing proceedings in respect of the violation or in addition to doing so,
(a) where the notice arises out of a condition existing contrary to subsection 3(1), cause the premises of that owner or occupier to be cleaned up or repaired, or
(b) where the notice arises out of a condition existing contrary to subsection 3(2), cause the building or structure of that owner or occupier to be demolished,
and the cost of carrying out such work is chargeable to the owner or occupier and becomes a debt due the Crown.
1971, c.74, s.6; 1990, c.22, s.52; 2006, c.4, s.18
Certificate respecting cost of carrying out work
7.1(1)Where the cost of carrying out work becomes a debt due the Crown under section 7, the Minister may issue a certificate stating the amount of the debt due and the name of the owner or occupier from whom the debt is due.
7.1(2)A certificate issued under subsection (1) may be filed in The Court of Queen’s Bench of New Brunswick and a certificate so filed shall be entered and recorded in the Court and when so entered and recorded may be enforced as a judgment obtained in the Court by Her Majesty against the person named in the certificate for a debt of the amount specified in the certificate.
7.1(3)All reasonable costs and charges attendant upon the filing, entering and recording of a certificate under subsection (2) may be recovered as if the amount had been included in the certificate.
1981, c.77, s.3; 1994, c.106, s.1
Lien
7.2(1)The cost of carrying out work under section 7 and all reasonable costs and charges attendant upon the filing, entering and recording of a certificate under section 7.1 shall, notwithstanding subsection 72(2) of the Workers’ Compensation Act and until paid, form a lien upon the real property in respect of which the work is carried out in priority to every claim, privilege, lien or other encumbrance, whenever created, subject only to taxes levied under the Real Property Tax Act.
7.2(2)The lien in subsection (1)
(a) attaches when the work under section 7 is begun and does not require registration or filing of any document or the giving of notice to any person to create or preserve it, and
(b) follows the real property to which it attaches into whosever hands the real property comes.
7.2(3)Any mortgagee, judgment creditor or other person having any claim, privilege, lien or other encumbrance upon or against the real property to which is attached a lien under subsection (1)
(a) may pay the amount of such lien,
(b) may add such amount to the person’s mortgage, judgment or other security, and
(c) has the same rights and remedies for such amount as are contained in the person’s security.
1994, c.106, s.2
By-law of municipality or rural community
8(1)Where there is a by-law in force in a municipality or rural community which, in the opinion of the Lieutenant-Governor in Council, provides satisfactorily for the regulating of unsightly premises, the Lieutenant-Governor in Council may by order suspend the operation of sections 3 to 7 and section 10 in that municipality or rural community.
8(2)Any order made under subsection (1) shall be published in The Royal Gazette and the suspension so ordered shall take effect on the tenth day after the publication of the order and continue until an order is made by the Lieutenant-Governor in Council revoking the order of suspension.
8(3)The Lieutenant-Governor in Council may by order revoke an order of suspension made under subsection (2) and every order made under this subsection shall be published in The Royal Gazette and take effect on the tenth day after publication.
1973, c.70, s.3; 2005, c.7, s.88
Notice to municipality or rural community respecting enforcement by-law
9(1)If the premises, building or structure lies within a municipality or rural community that has an unsightly premises by-law, the Minister may give notice to that municipality or rural community requesting it to enforce its by-law.
9(2)A notice given under subsection (1) shall
(a) be in writing,
(b) be signed by the Minister,
(c) state which condition under section 3 exists,
(d) identify the owner or occupier,
(e) state what should be done to correct the condition,
(f) state the date before which the condition should be corrected, and
(g) be served on the clerk of the municipality or the rural community clerk, as the case may be, either personally or by registered mail, postage prepaid, addressed to the clerk.
9(3)Section 5 applies mutatis mutandis to a notice given under subsection (1).
1971, c.74, s.6; 2005, c.7, s.88
Power of Minister
10The Minister shall not proceed to act under paragraph 7(b) unless he has a report from an architect, an engineer, a building inspector or the Fire Marshal that a building or structure is dilapidated or structurally unsound and such report is prima facie evidence that such building is dilapidated or structurally unsound.
1971, c.74, s.6
SALVAGE YARDS
1975, c.64, s.3
Location of salvage yards
10.1Notwithstanding section 3, no salvage yard shall be established, maintained, operated or located
(a) within three hundred metres of any public park, public playground, public bathing beach, school, hospital facility, church or cemetery,
(b) within thirty metres of any highway, or
(c) within sight distance of any highway, unless such yard is entirely screened to ordinary view of those passing upon the highway by
(i) natural objects, or
(ii) a fence at least two metres high, constructed and maintained to a standard acceptable by the Minister.
1975, c.64, s.3; 1977, c.M-11.1, s.29; 1992, c.52, s.32
Notice of violation
10.2(1)Where the owner or occupier of a salvage yard violates section 10.1, the Minister may
(a) give notice that the violation must cease within a period stated in the notice, not to exceed thirty days, and
(b) where the violation does not cease within the period prescribed in the notice commence proceedings for a violation of the Act.
10.2(2)A notice under paragraph (1)(a) shall
(a) be in writing,
(b) be signed by the Minister,
(c) state the nature of the violation,
(d) state the date before which the violation must cease, and
(e) be served either by personal delivery thereof to the person to be so notified, or by the deposit in the mail of such notice, registered in an envelope with postage prepaid, addressed to such owner or occupier.
10.2(3)The giving of notice by mail as provided for in subsection (2) is deemed to be complete upon the expiration of four days after the deposit of such notice in the mail.
10.2(4)Proof of the giving of such notice in either manner provided for in subsection (2) may be made by certificate or an affidavit purporting to be signed by an officer or an employee of the Department naming the person to whom the notice was given and specifying the time, place and manner of the giving thereof.
10.2(5)A document that purports to be a certificate of an officer or employee of the Department that the notice was given in the manner provided in subsection (2)
(a) shall be admissible in evidence without proof of the signature, and
(b) shall be conclusive proof that the person named in the certificate received notice of the matters referred to in the certificate.
10.2(6)In any prosecution for an offence under this Act when proof of the giving of notice is made as provided under subsection (4), the burden of proving that he is not the person named or referred to in the certificate or affidavit shall be upon the person charged.
10.2(7)A notice given under the provisions of this Act and purporting to be signed by the Minister shall
(a) be received in evidence by any court in the Province without proof of the signature thereon, and
(b) be prima facie evidence of the facts stated therein.
1975, c.64, s.3; 1981, c.77, s.4; 1990, c.22, s.52
Offence and penalty
10.3(1)Any owner or occupier of a salvage yard who fails to comply with the terms of a notice pursuant to paragraph 10.2(1)(a) commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category E offence and notwithstanding the provisions of any Act to the contrary, no judge may suspend the imposition of any penalty under this section.
10.3(2)The conviction of a person under this section does not operate as a bar to further prosecution for the continued neglect or failure on his part to comply with a provision of this Act.
1975, c.64, s.3; 1990, c.61, s.141
INSPECTORS
Appointment of inspector
11The Minister may appoint
(a) an inspector designated under section 23 of the Clean Environment Act; or
(b) any other person;
as an inspector for the purposes of this Act.
1973, c.70, s.4; 1975, c.64, s.4
Power of inspector
12An inspector at any reasonable time and upon presentation of a certificate or other means of identification prescribed by the Minister, for the purpose of enforcing this Act, may
(a) enter any area, place or premises, other than a private dwelling, that he on reasonable grounds believes is maintained or operated in violation of this Act and inspect that area, place or premises,
(b) where an application for a salvage dealer’s licence is made under the Salvage Dealers Licensing Act, enter any area, place or premises in respect of which the application has been made to determine whether the requirements under section 10.1 have been complied with,
(c) after the licence referred to in paragraph (b) has been issued, enter any area, place or premises to determine whether the requirements of section 10.1 are being complied with, and
(d) enter any area, place or premises, other than a private dwelling, to determine whether a notice under paragraph 10.2(1)(a) is being complied with.
1973, c.70, s.4; 1975, c.64, s.5
Respecting interference with inspector
13The owner or person in charge of any area, place or premises and every person found therein shall give all reasonable assistance to an inspector to enable the inspector to carry out his duties under this Act and shall furnish the inspector with such information as the inspector may reasonably require.
1973, c.70, s.4
Respecting interference with inspector
14No person shall
(a) obstruct or hinder an inspector in the carrying out of his duties under this Act; or
(b) make a false or misleading statement orally or in writing to an inspector engaged in carrying out his duties under this Act.
1973, c.70, s.4
Respecting interference with inspector
15(1)A person who violates or fails to comply with section 13 commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category C offence.
15(2)A person who violates or fails to comply with section 14 commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category E offence.
1973, c.70, s.4; 1990, c.61, s.141
N.B. This Act is consolidated to February 9, 2015.