Acts and Regulations

V-3 - Vital Statistics Act

Full text
Appeal of decision to refuse registration
7.3(1)Any person affected by the Registrar General’s decision to refuse to register a birth under section 7.2 may appeal the decision to the court on a question of law.
7.3(2)An appeal shall be commenced by Notice of Application within 15 days after the appellant has received notice of the decision, but this period of time may be extended by a judge for the judicial district in which the appeal is to be heard, either before or after the expiration of the period, if the extension would not cause substantial prejudice to any of the persons referred to in subsection (4).
7.3(3)The commencement of an appeal does not operate as a stay of the decision appealed from.
7.3(4)The appellant shall serve the Notice of Application on the Registrar General and on all other persons with a substantial interest in the appeal in accordance with the rules respecting service of documents set out in the Rules of Court.
7.3(5)On being served with a Notice of Application, the Registrar General shall deliver to the clerk of the court a copy of the decision which is the subject of the appeal and certified copies of all documents in the possession of the Registrar General that relate to the decision.
7.3(6)On the hearing of an appeal, no evidence shall be admitted other than the documents referred to in subsection (5).
7.3(7)After hearing an appeal, the judge shall, by order,
(a) dismiss the appeal, or
(b) allow the appeal, set aside the decision of the Registrar General and substitute his or her own decision for that of the Registrar General.
7.3(8)To the extent that they are not inconsistent with the provisions of this section, the Rules of Court apply to an appeal commenced under this section.
2011, c.37, s.20; 2023, c.17, s.275
Appeal of decision to refuse registration
7.3(1)Any person affected by the Registrar General’s decision to refuse to register a birth under section 7.2 may appeal the decision to The Court of Queen’s Bench of New Brunswick on a question of law.
7.3(2)An appeal shall be commenced by Notice of Application within 15 days after the appellant has received notice of the decision, but this period of time may be extended by a judge of The Court of Queen’s Bench of New Brunswick for the judicial district in which the appeal is to be heard, either before or after the expiration of the period, if the extension would not cause substantial prejudice to any of the persons referred to in subsection (4).
7.3(3)The commencement of an appeal does not operate as a stay of the decision appealed from.
7.3(4)The appellant shall serve the Notice of Application on the Registrar General and on all other persons with a substantial interest in the appeal in accordance with the rules respecting service of documents set out in the Rules of Court.
7.3(5)On being served with a Notice of Application, the Registrar General shall deliver to the clerk of The Court Queen’s Bench of New Brunswick a copy of the decision which is the subject of the appeal and certified copies of all documents in the possession of the Registrar General that relate to the decision.
7.3(6)On the hearing of an appeal, no evidence shall be admitted other than the documents referred to in subsection (5).
7.3(7)After hearing an appeal, the judge shall, by order,
(a) dismiss the appeal, or
(b) allow the appeal, set aside the decision of the Registrar General and substitute his or her own decision for that of the Registrar General.
7.3(8)To the extent that they are not inconsistent with the provisions of this section, the Rules of Court apply to an appeal commenced under this section.
2011, c.37, s.20