Acts and Regulations

2017, c.19 - Community Planning Act

Section 136
Disposition versions

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Powers of the Court
136(1)On application by a person directly affected by the operation or non-enforcement of a by-law, resolution or order made under this Act by a council, or by a resident of the local government, The Court of King’s Bench of New Brunswick or a judge of that court may by order
(a) quash it in whole or in part for illegality, or
(b) declare that it is in force and effect, in whole or in part.
136(2)The Court of King’s Bench of New Brunswick may refuse to hear an application made under subsection (1) if
(a) the by-law, resolution or order that is the subject of the application has been the subject of a previous application under that subsection, and
(b) in the opinion of the Court, the application raises substantially the same matters as were adjudicated on in a previous application.
2023, c.17, s.35
Powers of the Court
136(1)On application by a person directly affected by the operation or non-enforcement of a by-law, resolution or order made under this Act by a council, or by a resident of the local government, The Court of Queen’s Bench of New Brunswick or a judge of that court may by order
(a) quash it in whole or in part for illegality, or
(b) declare that it is in force and effect, in whole or in part.
136(2)The Court of Queen’s Bench of New Brunswick may refuse to hear an application made under subsection (1) if
(a) the by-law, resolution or order that is the subject of the application has been the subject of a previous application under that subsection, and
(b) in the opinion of the Court, the application raises substantially the same matters as were adjudicated on in a previous application.
Powers of the Court
136(1)On application by a person directly affected by the operation or non-enforcement of a by-law, resolution or order made under this Act by a council, or by a resident of the local government, The Court of Queen’s Bench of New Brunswick or a judge of that court may by order
(a) quash it in whole or in part for illegality, or
(b) declare that it is in force and effect, in whole or in part.
136(2)The Court of Queen’s Bench of New Brunswick may refuse to hear an application made under subsection (1) if
(a) the by-law, resolution or order that is the subject of the application has been the subject of a previous application under that subsection, and
(b) in the opinion of the Court, the application raises substantially the same matters as were adjudicated on in a previous application.