Acts and Regulations

2017, c.19 - Community Planning Act

Section 135
Disposition versions

Full text
Application for an order of the Court
135(1)A local government or the Minister or a person designated for that purpose by the council or the Minister may make an application to The Court of King’s Bench of New Brunswick or a judge of that court for any of the orders described in subsection (2), whether or not a penalty has been provided for or imposed under this Act for the violation, failure or obstruction, if a person, other than a local government,
(a) violates or fails to comply with
(i) a provision of this Act or a by-law or regulation under this Act,
(ii) an order or demand made under this Act or a by-law or regulation under this Act,
(iii) any terms and conditions imposed in accordance with paragraph 53(2)(i) or (3)(c), section 55, subsection 78(1), 102(4) or 121(1) or (2), or
(iv) a decision of the Board; or
(b) obstructs any person in the performance of his or her duty under this Act.
135(2)In proceeding under this section, the judge may
(a) make an order restraining the continuance or repetition of the violation, failure or obstruction,
(b) make an order directing the removal or destruction of a building or structure or part of the building or structure in respect of which the violation or failure has taken place, and that on failure to comply with the order a person designated by the council or the Minister, as the case may be, may remove or destroy the building or structure or part of the building or structure at the expense of the owner, and
(c) make any other order as is required to enforce the provision in respect of which the action was instituted and as to costs and the recovery of the expense of the removal or destruction as the judge deems fit.
2023, c.17, s.35
Application for an order of the Court
135(1)A local government or the Minister or a person designated for that purpose by the council or the Minister may make an application to The Court of Queen’s Bench of New Brunswick or a judge of that court for any of the orders described in subsection (2), whether or not a penalty has been provided for or imposed under this Act for the violation, failure or obstruction, if a person, other than a local government,
(a) violates or fails to comply with
(i) a provision of this Act or a by-law or regulation under this Act,
(ii) an order or demand made under this Act or a by-law or regulation under this Act,
(iii) any terms and conditions imposed in accordance with paragraph 53(2)(i) or (3)(c), section 55, subsection 78(1), 102(4) or 121(1) or (2), or
(iv) a decision of the Board; or
(b) obstructs any person in the performance of his or her duty under this Act.
135(2)In proceeding under this section, the judge may
(a) make an order restraining the continuance or repetition of the violation, failure or obstruction,
(b) make an order directing the removal or destruction of a building or structure or part of the building or structure in respect of which the violation or failure has taken place, and that on failure to comply with the order a person designated by the council or the Minister, as the case may be, may remove or destroy the building or structure or part of the building or structure at the expense of the owner, and
(c) make any other order as is required to enforce the provision in respect of which the action was instituted and as to costs and the recovery of the expense of the removal or destruction as the judge deems fit.
Application for an order of the Court
135(1)A local government or the Minister or a person designated for that purpose by the council or the Minister may make an application to The Court of Queen’s Bench of New Brunswick or a judge of that court for any of the orders described in subsection (2), whether or not a penalty has been provided for or imposed under this Act for the violation, failure or obstruction, if a person, other than a local government,
(a) violation or fails to comply with
(i) a provision of this Act or a by-law or regulation under this Act,
(ii) an order or demand made under this Act or a by-law or regulation under this Act,
(iii) any terms and conditions imposed in accordance with paragraph 53(2)(i) or (3)(c), section 55, subsection 78(1), 102(4) or 121(1) or (2), or
(iv) a decision of the Board; or
(b) obstructs any person in the performance of his or her duty under this Act.
135(2)In proceeding under this section, the judge may
(a) make an order restraining the continuance or repetition of the violation, failure or obstruction,
(b) make an order directing the removal or destruction of a building or structure or part of the building or structure in respect of which the violation or failure has taken place, and that on failure to comply with the order a person designated by the council or the Minister, as the case may be, may remove or destroy the building or structure or part of the building or structure at the expense of the owner, and
(c) make any other order as is required to enforce the provision in respect of which the action was instituted and as to costs and the recovery of the expense of the removal or destruction as the judge deems fit.