Acts and Regulations

N-1.2 - Natural Products Act

Section 71
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Appeal to The Court of Appeal of New Brunswick
71(1)An appeal lies from any decision of the Commission under this Part to The Court of Appeal of New Brunswick on the grounds of jurisdiction or on a question of law or mixed law and fact, if the appeal is made within thirty days after the date of the decision of the Commission.
71(2)A notice of appeal shall be served on the Commission and on such other persons as The Court of Appeal of New Brunswick directs.
71(3)Upon being served with a notice of appeal, the Commission shall file a record on appeal with the Registrar of The Court of Appeal of New Brunswick.
71(4)A record on appeal under subsection (3) shall consist of:
(a) a copy of the notice of appeal;
(b) a copy of any notice of hearing relating to the matter under appeal;
(c) all documents relating to the matter under appeal that were filed with the Commission;
(d) the transcript of the oral evidence, if any, given at the hearing before the panel; and
(e) the decision of the Commission and the reasons for the decision.
71(5)An appeal under this section stays the application of the decision of the Commission in respect of which the appeal is made.
71(6)After hearing the appeal, The Court of Appeal of New Brunswick may
(a) dismiss the appeal, or
(b) allow the appeal and
(i) set aside or vary the decision of the Commission, and
(ii) where it considers it appropriate to do so, refer the matter back to the Commission with directions.
71(7)Except as otherwise provided in this section, the rules governing appeals to The Court of Appeal of New Brunswick from a decision of The Court of King’s Bench of New Brunswick apply to appeals under this section.
2023, c.17, s.168
Appeal to The Court of Appeal of New Brunswick
71(1)An appeal lies from any decision of the Commission under this Part to The Court of Appeal of New Brunswick on the grounds of jurisdiction or on a question of law or mixed law and fact, if the appeal is made within thirty days after the date of the decision of the Commission.
71(2)A notice of appeal shall be served on the Commission and on such other persons as The Court of Appeal of New Brunswick directs.
71(3)Upon being served with a notice of appeal, the Commission shall file a record on appeal with the Registrar of The Court of Appeal of New Brunswick.
71(4)A record on appeal under subsection (3) shall consist of:
(a) a copy of the notice of appeal;
(b) a copy of any notice of hearing relating to the matter under appeal;
(c) all documents relating to the matter under appeal that were filed with the Commission;
(d) the transcript of the oral evidence, if any, given at the hearing before the panel; and
(e) the decision of the Commission and the reasons for the decision.
71(5)An appeal under this section stays the application of the decision of the Commission in respect of which the appeal is made.
71(6)After hearing the appeal, The Court of Appeal of New Brunswick may
(a) dismiss the appeal, or
(b) allow the appeal and
(i) set aside or vary the decision of the Commission, and
(ii) where it considers it appropriate to do so, refer the matter back to the Commission with directions.
71(7)Except as otherwise provided in this section, the rules governing appeals to The Court of Appeal of New Brunswick from a decision of The Court of Queen’s Bench of New Brunswick apply to appeals under this section.