Acts and Regulations

M-17 - Motor Vehicle Act

Full text
Order for payment by court
322(1)Where, on an application to the Minister
(a) all the documents required under section 321 are not forwarded,
(b) any matter required to be in an affidavit is omitted,
(c) the certificate and affidavit has not been received by the Registrar of Motor Vehicles,
(d) the amount requested to be paid out of the Fund in the opinion of the Minister, is greater than the amount to which the applicant is entitled pursuant to this Part, or
(e) for any reason, the Minister wishes the application for payment to go before a judge of The Court of King’s Bench of New Brunswick for an order for payment out of the Fund,
the Minister may delay payment, forthwith advise the person of his objections to the application for payment and, subject to subsection (2), advise the person that he shall obtain an order of a judge of The Court of King’s Bench of New Brunswick payment out of the Fund.
322(2)The Minister may advise the person to remedy any objection he may have against payment and if the objection is remedied to the satisfaction of the Minister, he may then make payment as hereinbefore provided.
1958, c.19, s.17; 1979, c.41, s.85; 2023, c.17, s.162
Order for payment by court
322(1)Where, on an application to the Minister
(a) all the documents required under section 321 are not forwarded,
(b) any matter required to be in an affidavit is omitted,
(c) the certificate and affidavit has not been received by the Registrar of Motor Vehicles,
(d) the amount requested to be paid out of the Fund in the opinion of the Minister, is greater than the amount to which the applicant is entitled pursuant to this Part, or
(e) for any reason, the Minister wishes the application for payment to go before a judge of The Court of Queen’s Bench of New Brunswick for an order for payment out of the Fund,
the Minister may delay payment, forthwith advise the person of his objections to the application for payment and, subject to subsection (2), advise the person that he shall obtain an order of a judge of The Court of Queen’s Bench of New Brunswick payment out of the Fund.
322(2)The Minister may advise the person to remedy any objection he may have against payment and if the objection is remedied to the satisfaction of the Minister, he may then make payment as hereinbefore provided.
1958, c.19, s.17; 1979, c.41, s.85