Acts and Regulations

P-22.4 - Public Health Act

Full text
Appropriation of real property in emergencies
26(1)Where the Minister is of the opinion that a public health emergency exists and any land or building is required for the purpose of responding to that emergency, the Minister may, subject to the approval of the Lieutenant-Governor in Council, take possession of the land or building without the consent of the owner or occupant and may retain possession for such period that the Minister considers necessary.
26(2)The Minister shall, before restoring the possession of the building to the owner, cleanse and disinfect it and put it in the same state of repair as it was in when possession was taken, and shall give notice to the owner that this has been done.
26(3)The Minister shall pay to the owner a reasonable sum for the use of the land or building.
26(4)The compensation to be paid for such use or possession, if not agreed upon, may be summarily determined by a judge of The Court of King’s Bench of New Brunswick, upon application of either party and after reasonable notice to the other party.
26(5)Where a person resists the taking of possession under this section, a judge of The Court of King’s Bench of New Brunswick may without notice issue a warrant to the sheriff for the judicial district where the property is situated, or to any other person as the judge considers necessary to put the Minister, his servants or agents in possession.
26(6)Where possession is taken without the consent of the owner, the Minister shall within ten days notify the owner.
26(7)Where the owner is not known or is not resident in the Province or if his residence is unknown, the notice shall be published in The Royal Gazette, and also published for two insertions in some newspaper, if any, published in the district where the premises are situate, and a copy of the notice shall be mailed by registered letter prepaid to the owner at his latest known place of residence, if any, in the Province, and such publication and mailing shall be sufficient notice to the owner.
2005, c.Q-3.5, s.19; 2023, c.17, s.219
Appropriation of real property in emergencies
26(1)Where the Minister is of the opinion that a public health emergency exists and any land or building is required for the purpose of responding to that emergency, the Minister may, subject to the approval of the Lieutenant-Governor in Council, take possession of the land or building without the consent of the owner or occupant and may retain possession for such period that the Minister considers necessary.
26(2)The Minister shall, before restoring the possession of the building to the owner, cleanse and disinfect it and put it in the same state of repair as it was in when possession was taken, and shall give notice to the owner that this has been done.
26(3)The Minister shall pay to the owner a reasonable sum for the use of the land or building.
26(4)The compensation to be paid for such use or possession, if not agreed upon, may be summarily determined by a judge of The Court of Queen’s Bench of New Brunswick, upon application of either party and after reasonable notice to the other party.
26(5)Where a person resists the taking of possession under this section, a judge of The Court of Queen’s Bench of New Brunswick may without notice issue a warrant to the sheriff for the judicial district where the property is situated, or to any other person as the judge considers necessary to put the Minister, his servants or agents in possession.
26(6)Where possession is taken without the consent of the owner, the Minister shall within ten days notify the owner.
26(7)Where the owner is not known or is not resident in the Province or if his residence is unknown, the notice shall be published in The Royal Gazette, and also published for two insertions in some newspaper, if any, published in the district where the premises are situate, and a copy of the notice shall be mailed by registered letter prepaid to the owner at his latest known place of residence, if any, in the Province, and such publication and mailing shall be sufficient notice to the owner.
2005, c.Q-3.5, s.19