Acts and Regulations

C-6.1 - Clean Water Act

Section 14.1
Disposition versions

Full text
Exemptions
14.1(1)A person who owns, acquires or is proposing, developing, constructing, operating or maintaining an activity, thing or use that is prohibited, controlled, limited or otherwise affected by any requirements imposed under subsection 14(3) may ask the Minister to grant an exemption by delivering a request for an exemption to the Minister, at any time after the Order is made, on a form provided by the Minister.
14.1(2)Upon receipt of a request under subsection (1), the Minister may,
(a) on a form provided by the Minister, grant an exemption in accordance with the regulations, permitting the development, construction, operation or maintenance of all or part of an activity, thing or use that is prohibited, controlled or limited by a requirement imposed in relation to a Designation Order, during a specified or an indefinite period of time as is set out in the exemption, subject to such requirements as the Minister may impose,
(b) acquire all or a portion of the land where the activity, thing or use is being developed, constructed, operated or maintained, or
(c) on a form provided by the Minister, refuse the request.
14.1(3)The Minister shall specify in an exemption the name of the person or persons or the class of persons to whom all or any specified portion of the exemption applies, and the exemption or portion of it, as the case may be, shall apply
(a) unless otherwise specified, to the heirs, assigns, successors, executors and administrators of those persons, and
(b) where specified, to the employees and agents of those persons.
14.1(4)The Minister shall set out in an exemption the Service New Brunswick parcel identifier number or numbers of the land to which it relates and any requirements imposed in relation to the exemption and shall include in or with it a description or plan of the land.
14.1(5)The Regulations Act does not apply to an exemption.
14.1(6)Subsection 14(5) does not apply to an exemption.
14.1(7)Notwithstanding subsection (6), an exemption and the accompanying description or plan may be filed in a registry office referred to in paragraph 14(5)(b).
14.1(8)A person who is required to comply with requirements that are imposed in relation to an exemption shall comply with the requirements.
14.1(9)A person who owns, acquires or is proposing, developing, constructing, operating or maintaining an activity, thing or use that is prohibited, controlled, limited or otherwise affected by a requirement imposed in relation to the order filed as New Brunswick Regulation 90-136 may apply for an exemption from that requirement in accordance with subsection (1), but the person shall continue to comply with all requirements imposed in relation to the order except those from which the person has been granted an exemption.
14.1(10)Subsections (2) to (8) apply with the necessary modifications to
(a) an exemption applied for under subsection (9),
(b) a notice requesting an exemption from the order filed as New Brunswick Regulation 90-136 that was received by the Minister before the commencement of this subsection but more than sixty days after the commencement date of the order and to any exemption granted in relation to it after the commencement of this subsection, and
(c) persons, activities, things and uses in relation to which an exemption referred to in paragraph (a) or (b) is granted.
1993, c.19, s.9; 1998, c.12, s.11; 2003, c.5, s.3
Protected areas
14.1(1)A person who owns, acquires or is proposing, developing, constructing, operating or maintaining an activity, thing or use that is prohibited, controlled, limited or otherwise affected by any requirements imposed under subsection 14(3) may ask the Minister to grant an exemption by delivering a request for an exemption to the Minister, at any time after the Order is made, on a form provided by the Minister.
14.1(2)Upon receipt of a request under subsection (1), the Minister may,
(a) on a form provided by the Minister, grant an exemption in accordance with the regulations, permitting the development, construction, operation or maintenance of all or part of an activity, thing or use that is prohibited, controlled or limited by a requirement imposed in relation to a Designation Order, during a specified or an indefinite period of time as is set out in the exemption, subject to such requirements as the Minister may impose,
(b) acquire all or a portion of the land where the activity, thing or use is being developed, constructed, operated or maintained, or
(c) on a form provided by the Minister, refuse the request.
14.1(3)The Minister shall specify in an exemption the name of the person or persons or the class of persons to whom all or any specified portion of the exemption applies, and the exemption or portion of it, as the case may be, shall apply
(a) unless otherwise specified, to the heirs, assigns, successors, executors and administrators of those persons, and
(b) where specified, to the employees and agents of those persons.
14.1(4)The Minister shall set out in an exemption the Service New Brunswick parcel identifier number or numbers of the land to which it relates and any requirements imposed in relation to the exemption and shall include in or with it a description or plan of the land.
14.1(5)The Regulations Act does not apply to an exemption.
14.1(6)Subsection 14(5) does not apply to an exemption.
14.1(7)Notwithstanding subsection (6), an exemption and the accompanying description or plan may be filed in a registry office referred to in paragraph 14(5)(b).
14.1(8)A person who is required to comply with requirements that are imposed in relation to an exemption shall comply with the requirements.
14.1(9)A person who owns, acquires or is proposing, developing, constructing, operating or maintaining an activity, thing or use that is prohibited, controlled, limited or otherwise affected by a requirement imposed in relation to the order filed as New Brunswick Regulation 90-136 may apply for an exemption from that requirement in accordance with subsection (1), but the person shall continue to comply with all requirements imposed in relation to the order except those from which the person has been granted an exemption.
14.1(10)Subsections (2) to (8) apply with the necessary modifications to
(a) an exemption applied for under subsection (9),
(b) a notice requesting an exemption from the order filed as New Brunswick Regulation 90-136 that was received by the Minister before the commencement of this subsection but more than sixty days after the commencement date of the order and to any exemption granted in relation to it after the commencement of this subsection, and
(c) persons, activities, things and uses in relation to which an exemption referred to in paragraph (a) or (b) is granted.
1993, c.19, s.9; 1998, c.12, s.11; 2003, c.5, s.3