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Regulation number	Title
C-16.05	Condominium Property Act

Under section 65 of the Condominium Property Act, the Lieutenant-Governor in Council makes the following Regulation:

1 This Regulation may be cited as the General Regulation - Condominium Property Act.

2 In this Regulation,“Act” means the Condominium Property Act.

REQUIREMENTS FOR APPROVAL FOR REGISTRATION

Format

3(1)The declaration submitted to the Director for approval for registration shall contain the information required under section 6 of the Act and shall include the following schedules:

(a) Schedule A shall contain the description of the land;

(b) Schedule B shall contain the consents required under paragraph 6(2)(c) of the Act;

(c) Schedule C shall contain the specification of the boundaries of each unit as required under paragraph 7(1)(b) of the Act;

(d) Schedule D shall contain

(i) the proportions of common interests referred to in paragraph 6(2)(d) of the Act,

(ii) the proportions of contributions referred to in paragraph 6(2)(e) of the Act, and

(iii) the proportions of voting rights referred to in paragraph 6(2)(g) of the Act;

(e) Schedule E shall contain the statement required under paragraph 6(2)(h) of the Act;

(f) Schedule F shall contain the statement required under paragraph 6(2)(i) of the Act; and

(g) in the case of a bare-land condominium property, Schedule G shall contain the information prescribed in subsection 4(1).

3(2)A declaration may contain schedules in addition to the schedules that it is required to contain under this section.

Bare-land condominium properties

4(1)In addition to the requirements set out in the Act and this Regulation, a declaration for a bare-land condominium property shall include the following information:

(a) the services and amenities available to the units;

(b) a statement of responsibility for connection costs of utilities for the units;

(c) restrictions on structures that may be placed on the units, including

(i) design,

(ii) type of building material,

(iii) type of building,

(iv) type of structure, and

(v) activities which may be carried out on the unit;

(d) the structures completed at the time of registration, as shown on the Level 0 sheet of the plan of survey, that are to be maintained by the corporation;

(e) a statement of responsibility for the maintenance and repair of common element structures erected after registration; and

(f) a statement that the preliminary plans for the construction of a unit must be approved by the corporation, which approval shall not be arbitrarily withheld.

4(2)In addition to the requirements set out in the Act and this Regulation, a declaration and description for a bare-land condominium property shall be accompanied by a letter from the relevant local government or regional service commission, as the case may be, confirming that the bare-land condominium property is in compliance with any zoning by-law or regulation.

2012, c.44, s.7; 2017, c.20, s.39

Amalgamating corporations

5In addition to the requirements set out in the Act and this Regulation, a declaration and description for an amalgamated corporation shall be accompanied by the following documents:

(a) a copy of the status certificate in Form 1 for each of the amalgamating corporations; and

(b) a certificate in Form 2 executed by each amalgamating corporation confirming that the owners of at least 60% of the common elements voted in favour of amalgamating the corporations.

Consolidating unit parcels

6On the consolidation into one parcel of the parcels of 2 or more adjacent units, the following information shall be submitted to the Director for approval for registration:

(a) the plan of survey of the consolidated parcel; and

(b) Form 3, attesting that the owners of at least 60% of the common elements consented to the consolidation.

PHASED-DEVELOPMENT CONDOMINIUM PROPERTIES

First registration

7 In addition to the requirements set out in the Act, a declaration for a phased-development condominium property shall include the following information:

(a) a statement that the condominium corporation created is a phased-development condominium property;

(b) a statement that the declarant is not required to create a phase after the creation of the present phase;

(c) the anticipated registration dates of the amendments to the declaration and description required for creating each phase that the declarant intends to create after the creation of the present phase;

(d) a description of each intended phase and the approximate number of units in that phase;

(e) the approximate location of the buildings and structures included in each intended phase;

(f) the proportions of the common interests attributable to and common expenses which will be allocated to the units after the creation of the phase and after the addition of each subsequent phase, expressed in percentages;

(g) a list of the facilities and services that the owners will share after the creation of each phase;

(h) a statement that the insurance coverage shall be amended to accommodate the creation of each phase; and

(i) a conceptual design of the entire development identifying the location, size, number and general style of the units or land in each intended phase.

Amendment which creates a subsequent phase

8(1)In addition to the requirements set out in the Act and this Regulation, an amendment to a declaration which creates a subsequent phase of a phased-development condominium property shall include the following information:

(a) the consent of all persons having registered encumbrances against the land or interests appurtenant to the land described in the amendment to the description required to create the phase;

(b) a statement of the proportions of common interests, expressed in percentages, attributable to units in the corporation after the creation of the phase;

(c) a statement of the proportions of common expenses, expressed in percentages, which will be allocated to the units in the corporation after the creation of the phase; and

(d) a statement respecting any parts of the common elements included in the phase that are for the exclusive use of the owners of one or more designated units.

8(2)A certificate of registered ownership for the phase and a plan of survey prepared in accordance with sections 14 to 19 shall be submitted to the Director with the amendment to the declaration and description which creates a subsequent phase of a phased-development condominium property.

8(3)For the purposes of sections 44.1 and 44.2 of the Act, the declarant shall submit the amendment to the declaration and description which creates a subsequent phase of a phased-development condominium property to the Director for a determination of whether the development proposed differs significantly from the development the Director approved for the phased-development condominium property.

8(4)If the Director determines that the amendment does not differ significantly from the development he or she approved, he or she shall only approve the amendment for registration if:

(a) all of the facilities and services are installed and provided to the extent necessary to ensure the independent operation of the buildings if no subsequent phases are created; and

(b) fourteen days have elapsed since the declarant has provided notice to the corporation and the owners of the common elements of his or her intention to submit the amendment for approval for registration.

8(5)If the Director determines that the amendment differs significantly from the development he or she approved, he or she shall only approve the amendment for registration if:

(a) all of the facilities and services are installed and provided to the extent necessary to ensure the independent operation of the buildings if no subsequent phases are created;

(b) the declarant has provided the corporation and the owners of the common elements copies of the amendment to the declaration, description and the by-laws to be submitted for approval; and

(c) the declarant has provided the Director with proof of the consent of the owners of the common elements to the amendment required under subsections 43(1) and 44(1) of the Act.

Reserve fund study for a subsequent phase

9A declarant shall file a reserve fund study for all the registered units of a phased-development condominium property on the registration of the eleventh unit, and for all units in a subsequent phase, on the registration of the amendment which creates that phase.

When the declarant ceases to own majority of units

10 When the declarant ceases to own a majority of the units in a phase,

(a) the declarant shall provide all documents relating to the phase to the corporation, without charge,

(b) the corporation shall assume the administrative responsibilities for the phase, and

(c) the corporation may, on providing 60 days’ notice, terminate any management agreement entered into by the declarant in relation to the phase.

REGISTRATION AND FILING

Name of corporation

11(1)The name assigned to a corporation by the Director under paragraph 9(1)(a) of the Act, shall include only the words “Condominium Corporation” and the abbreviation “No.” together with the next available number.

11(2)Despite subsection (1), when 2 or more corporations amalgamate under the Act, the Director may assign the existing name of one of the amalgamating corporations to the amalgamated corporation.

Registration by registrar of land titles or registrar of deeds

12(1)Subject to subsection (2), a registrar of land titles or a registrar of deeds, as the case may be, shall index in the name of the corporation any instruments required under the Act or this Regulation to be registered.

12(2)A registrar of land titles or a registrar of deeds, as the case may be, shall index a notice of termination of the governance of the property by the Act showing the corporation as grantor and each of the owners as grantees.

12(3)If land is to be added to the common elements of a condominium property under section 42 of the Act, a conveyance may be made by the vendor to the corporation as grantee and, if the conveyance includes or is accompanied by a dedication by the board in Form 4, the conveyance and dedication shall be registered and the land becomes, on registration, a part of the common elements.

Time limits for filing documents

13(1)A document that requires the consent of the owners of the common elements shall be submitted to the Director for approval for registration within 6 months after the date the owners give the approval.

13(2)The Director may approve for registration a notice of termination despite not receiving the notice within the time limit prescribed in subsection 55(1) or (2) of the Act.

PLANS OF SURVEY AND OTHER PLANS

Approval

14(1)A plan of survey shall be prepared by a surveyor.

14(2)A plan of survey submitted to the Director for approval shall be accompanied by a copy of any adjacent plans and underlying plans, in addition to any title records that the Director requires.

14(3)The Director may examine a survey on the ground in order to approve a plan of survey for registration.

14(4)The Director may request additional information from a surveyor regarding a survey examined under subsection (3).

14(5)On approving a plan of survey, the Director shall endorse on the Level 0 sheet of the plan of survey a certificate of approval for registration in Form 5.

Contents

15(1)Subject to subsection (2), a plan of survey shall show the following with respect to a proposed condominium property:

(a) the location of the boundaries of the condominium property;

(b) the parcel identifiers (PIDs) for the condominium property;

(c) the location of any buildings or structures on the condominium property;

(d) the location and nature of any easements or encroachments affecting the condominium property; and

(e) the parcel identifiers (PIDs) of adjoining parcels.

15(2)The plan of survey of a bare-land condominium property shall show the following with respect to a proposed condominium property:

(a) the location of the boundaries of the condominium property;

(b) the parcel identifiers (PIDs) for the condominium property;

(c) the location and nature of any easements or encroachments affecting the condominium property or the units;

(d) the parcel identifiers (PIDs) of adjoining parcels; and

(e) the structures completed at the time of registration shown on the Level 0 sheet of the plan of survey that are to be maintained by the corporation.

15(3)The following forms shall be endorsed on the Level 0 sheet of the plan of survey:

(a) a surveyor’s certificate in Form 6, signed by the person who prepared the survey; and

(b) a declarant’s certificate in Form 7, signed by the declarant.

Designation of levels

16(1)The plan of survey designated “Level 0” shall delineate the surface of the ground and shall show the relationship of the structures to the boundaries of the lot comprising the condominium property.

16(2)Plans of survey of levels above Level 0 shall be designated by the word “Level” and shall be numbered consecutively beginning with the number “1”.

16(3)Despite subsection (2), the plan of survey of a level that is partially below Level 0 shall be designated “Level 1”.

16(4)Plans of survey of levels entirely below Level 0 shall be designated by the word “Level” and shall be lettered alphabetically beginning with the letter “A”.

16(5)Plans of survey of levels other than Level 0 shall be compiled from information obtained from the construction plan and the plan of survey of Level 0.

16(6)A section or perspective drawing, sufficiently accurate to depict the vertical relationship of all levels, shall be part of the plan of survey.

16(7)In the case of a bare-land condominium property, a plan of survey shall consist only of Level 0 and Level 1.

Designation of units and common elements

17(1)Every part of a condominium property that is not a common element shall be designated on the plan of survey by the word “unit”.

17(2)Levels shall be numbered consecutively beginning with the first level that contains units, which shall be designated by the number “1”.

17(3)Units shall be designated by a number that begins with the level number where the unit is located and ends with the consecutive number assigned to the unit on the level.

17(4)There shall not be more than one unit designated on each level by the same number.

17(5)Despite subsection (3), the unit numbering may skip one or more numbers if the Director approves.

17(6)If the declaration specifies that parts of the common elements are to be for the exclusive use of the owners of one or more designated units, those exclusive use portions shall be designated on the plan of survey by numbers or letters or by numbers and letters.

17(7)Units and common elements shall be differentiated by shading or by other methods approved by the Director.

17(8)The boundaries of units and common elements shall be shown on the plan of survey by solid lines of a consistent weight.

17(9) A sheet of a plan of survey that contains the boundaries referred to in subsection (8) shall include the following description of a unit:

(a) the horizontal boundaries;

(b) the vertical boundaries; and

(c) the items within (a) and (b) that are part of the common elements.

Amendment to a plan of survey

18(1)An amendment to a plan of survey shall be made in accordance with the requirements set out in section 44 of the Act.

18(2)For greater certainty, a change to an exclusive use portion of the common elements of a condominium property shall require an amendment to the plan of survey.

Monumentation

19(1)Walls, floors, ceilings and other physical features may be adopted as the monuments that control the boundaries of a unit, if the plan or diagram of the unit that is registered includes a statement to that effect.

19(2)In the case of a bare-land condominium property, the demarcation of boundaries shall be performed in accordance with monuments established in standards made under the authority of the New Brunswick Land Surveyors Act, 1986.

Construction plans

20Construction plans shall be to scale and shall include the following information:

(a) floor plans for all levels of the building

(i) showing all exterior walls, interior partitions, load bearing walls, fixtures, counters, plumbing and heating fixtures, and

(ii) labelling all units and rooms;

(b) exterior elevations of all 4 principal views of the building, showing exterior wall finishes, location of windows and doors, down to normal architectural trim;

(c) cross-sections through the principal structure of the building showing the general make-up of roof, floors, walls and basement construction and showing any specialized details pertinent to the building; and

(d) schematic mechanical and electrical servicing drawings showing the generalized layout and make-up of the services.

FINANCIAL STATEMENTS

Contents

21 An annual financial statement shall include the following:

(a) budget allocations and actual expenditures for the year reported;

(b) details of the investments of the reserve fund, including

(i) the financial institution holding the fund,

(ii) the total amount of the fund,

(iii) the instruments in which the fund is invested, and

(iv) the terms of the investments, including interest rates and maturity dates; and

(c) if required under section 36 of the Act, a statement of the person qualified to review the financial statements which shall include the amount of the reserve fund at the end of the reporting period and the percentage that amount is of the amount required by the reserve fund study.

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Persons qualified to review

22The following classes of persons are qualified to review the financial statements of a corporation:

(a) certified general accountants as defined in the Certified General Accountants Act;

(b) registered members of the Society of Management Accountants of New Brunswick; and

(c) persons authorized to undertake the practice of a chartered accountant under the Chartered Accountants Act 1998.

RESERVE FUND STUDY

Contents

23(1)A reserve fund study shall consist of a physical analysis and a financial analysis.

23(2)The physical analysis shall consist of the following information:

(a) an inventory of each item of the common elements and assets of the corporation that requires, or is expected to require within 30 years after the date of the study, substantial repair or replacement, if the cost of replacement is $500 or more; and

(b) an assessment that provides the following information for each item in the inventory:

(i) the actual or approximate year of acquisition of the item;

(ii) the actual or estimated age of the item;

(iii) the normal life expectancy of the item;

(iv) the remaining life expectancy of the item;

(v) the estimated year of the substantial repair or the replacement of the item;

(vi) the estimated cost of the substantial repair or the replacement of the item as of the date of the study; and

(vii) the percentage of the cost of the substantial repair or the replacement of the item available to be covered by the reserve fund, and the adjusted cost resulting from the application of that percentage.

23(3)A person preparing an inventory referred to in paragraph (2)(a) shall review the following documents:

(a) the declaration and description of the corporation; and

(b) the current or proposed by-laws, if any, of the corporation establishing what constitutes a standard unit.

23(4)A person preparing an assessment referred to in paragraph (2)(b) shall review the following documents if they are in the custody of or under the control of the corporation:

(a) the warranties, guarantees and service contracts for each item in the inventory;

(b) the architectural, structural, construction, mechanical, electrical and plumbing plans for the condominium property;

(c) the specifications for the buildings;

(d) the plans for underground site services, site grading, drainage, landscaping, and television, radio or other communication services for the condominium property;

(e) the repair and maintenance records and schedules; and

(f) all other records of the corporation that the person requires in order to prepare the assessment.

23(5)The financial analysis shall consist of the following information:

(a) a description of the financial status of the reserve fund as of the date of the study; and

(b) a recommended funding plan projected over a period of at least 30 consecutive years, beginning with the current fiscal year of the corporation, that includes the minimum balance of the reserve fund during that period and includes the following information for each projected year:

(i) the estimated cost of the substantial repair or the replacement of the common elements and assets of the corporation based on the current costs for the year in which the study is conducted;

(ii) the estimated cost of the substantial repair or the replacement of the common elements and assets of the corporation at the estimated time of the repair or the replacement based on a stated, assumed annual inflation rate;

(iii) the estimated opening balance of the reserve fund;

(iv) the recommended amount of contributions to the reserve fund, determined on a cash flow basis, that are required to offset adequately the expected cost in the year of the expected substantial repair or the expected replacement of each item in the inventory referred to in paragraph (2)(a);

(v) the estimated interest that will be earned on the reserve fund based on a stated, assumed annual interest rate;

(vi) the total of the amounts described in subparagraphs (iv) and (v);

(vii) the increase, if any, in the recommended amount of contributions to the reserve fund over the recommended amount of contributions for the immediately preceding year, expressed as a percentage; and

(viii) the estimated closing balance of the reserve fund.

23(6)A person preparing or updating a financial analysis shall review the following documents:

(a) the most recent financial statements reviewed in accordance with section 21;

(b) all reciprocal cost sharing agreements, if any, of the corporation; and

(c) the most recent reserve fund study of the corporation.

23(7)In addition to the required documents and information, a reserve fund study may contain any further information and analyses that the person conducting the study or the board considers necessary.

Persons authorized to prepare

24(1)Subject to subsection (2), the following classes of persons may prepare a reserve fund study:

(a) members of the New Brunswick Association of Real Estate Appraisers/Association des évaluateurs immobiliers du Nouveau-Brunswick holding the designation of Accredited Appraiser Canadian Institute (AACI);

(b) persons who hold certificates of practice under the Architects Act;

(c) engineers who are licensed to practise engineering under the Engineering and Geoscience Professions Act;

(d) members of the New Brunswick Society of Certified Engineering Technicians and Technologists who are registered as certified engineering technologists under the Engineering Technology Act; and

(e) members of the Real Estate Institute of Canada holding the designation of Certified Reserve Planner (CRP).

24(2)A person shall not prepare a reserve fund study for a corporation if he or she

(a) is the declarant or an owner, director, officer, employee or manager of the corporation;

(b) is a partner, employer or employee of the declarant, or of an owner, director, officer, employee or manager of the corporation; or

(c) has an interest in a contract to which the corporation is a party.

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Preparation

25(1)The person preparing a reserve fund study shall sign it.

25(2)A reserve fund study shall be based on information gathered in the following manners:

(a) by a visual site inspection of the condominium property;

(b) by any other inspection of the items in the inventory referred to in paragraph 23(2)(a) that the person conducting the study considers appropriate;

(c) by a verification of the records of the corporation; and

(d) by interviews with the corporation’s directors, officers, employees and agents that the person conducting the study considers appropriate.

Update

26(1) Subject to subsection (2), an update of a reserve fund study shall include current information with respect to the financial analysis prepared in accordance with subsection 23(5).

26(2)If there has been a substantial addition or improvement to or alteration or renovation of the common elements or a substantial change in the assets of the corporation since a reserve fund study was last completed, an update of the study shall include current information with respect to both the inventory prepared in accordance with paragraph 23(2)(a) and the assessment prepared in accordance with paragraph 23(2)(b).

Status certificate

27 A reserve fund status certificate shall be completed by the person preparing a reserve fund study or an update of a reserve fund study at the time the study or update is completed and shall include the following information:

(a) the balance in the reserve fund at the beginning of the current fiscal year;

(b) the annual contribution to the reserve fund recommended to be made during the current fiscal year and in subsequent fiscal years of the study period; and

(c) a statement summarizing the repair, maintenance and replacement recommendations of the latest reserve fund study or update.

INSURANCE

Proof of insurance

28(1)Subject to subsection (4), a corporation shall submit the proof of insurance required under the Act to the Director on the following dates:

(a) the date the declaration and description of the condominium property are submitted to the Director for approval for registration; and

(b) for each subsequent year, on the anniversary date of the registration of the declaration and description.

28(2)Subject to subsection (4), in the case of a phased-development condominium property, a corporation shall submit proof of revised insurance to the Director on the following dates:

(a) the date an amendment to the declaration and description which creates a subsequent phase is submitted to the Director for approval for registration; and

(b) for each subsequent year, on the anniversary date of the registration of the amendment.

28(3)Subject to subsection (4), a corporation continued under the Act shall submit proof of insurance on the following dates:

(a) for the first submission,

(i) if the corporation holds a valid insurance policy acquired in accordance with section 15 of the Condominium Property Act, chapter C-16 of the Revised Statutes, 1973, on the date the policy is renewed or expires, or

(ii) if the corporation does not hold a valid insurance policy acquired in accordance with section 15 of the Condominium Property Act, chapter C-16 of the Revised Statutes, 1973, on the date the corporation is continued under the Act; and

(b) for each subsequent year, on the anniversary date of the submission in subparagraph (a)(i) or (ii), as the case may be.

28(4)A corporation may apply in writing to the Director to request a change of date for submitting proof of insurance under paragraph (1)(b), (2)(b) or (3)(b), and the Director shall not unreasonably withhold consent to the change.

28(5)Proof of insurance shall be in either of the following forms:

(a) an insurance certificate indicating the following information:

(i) the name of the corporation as the named insured;

(ii) a coverage period of at least 12 months from the applicable date in subsection (1), (2) or (3), as the case may be; and

(iii) a description of the coverage and the amount of coverage; or

(b) a copy of the insurance policy held by the corporation in force for a period of at least 12 months from the applicable date in subsection (1), (2) or (3), as the case may be.

AGREEMENTS OF PURCHASE AND SALE

Contents

29Every agreement of purchase and sale entered into by a declarant as the vendor of a unit or a proposed unit shall include the following provisions:

(a) that the vendor shall deliver to the purchaser the following:

(i) a copy of the proposed plan of survey showing:

(A) the perimeter of the horizontal surface of the land and the perimeter of the buildings, if any;

(B) the shape and the boundaries of the unit and the location of the unit in relation to the other units;

(C) the location of the unit with reference to the building and to the level number, if any; and

(D) the common elements, including those intended for the exclusive use of the owner; or

(ii) a conceptual design of the entire development identifying the location, size, number and general style of the units or land;

(b) that the vendor shall deliver to the purchaser the proposed or approved declaration, by-laws and rules respecting the use of the common elements;

(c) in the case of an existing building which had not been originally divided into condominium units that the declarant intends to convert into condominium units, that the vendor shall deliver to the purchaser the following:

(i) the most current reserve fund study, if applicable;

(ii) the most current building inspection report, if such a report is required under paragraph 5(3)(h) of the Act.

ARBITRATION

Qualifications of arbitrators

30(1)A person appointed as an arbitrator under section 59 of the Act shall meet the following requirements:

(a) have demonstrated arbitration or condominium experience to the satisfaction of the Director;

(b) agree in writing

(i) to charge a maximum fee of $1,000 per day or $500 per ½ day for the hearing, plus $150 per hour for writing the decision; and

(ii) to attend any related training provided by the Director.

30(2)The Director shall prepare a list of persons qualified to be arbitrators and he or she shall determine the maximum number of names on the list.

30(3)A person may apply in writing to the Director to be added to the list of persons qualified to be arbitrators.

ADMINISTRATIVE PENALTIES

Amount of penalty

31(1)The following administrative penalties are payable under section 61 of the Act:

Number of units in the condominium property	First violation	Second violation	Third and subsequent violations
1-25 units	$1,000	$2,500	$5,000
26-100 units	$2,500	$5,000	$7,500
more than 100 units	$5,000	$7,500	$10,000

31(2)The Director may waive a penalty payable under subsection (1) if the corporation submits proof, satisfactory to the Director, of the following:

(a) the death of the person who would prepare the reserve fund study, the annual financial statement or proof of insurance or that person’s incapacity due to injury or illness;

(b) incapacity of the board due to death, injury or illness;

(c) a catastrophic circumstance affecting the completion of the reserve fund study or annual financial statement or the provision of proof of insurance including fire, flood or other disaster;

(d) other unanticipated impediments to completing the reserve fund study or annual financial statement or providing proof of insurance; or

(e) the corporation exercised due diligence to prevent the contravention.

Notice

32(1)A notice issued under subsection 61(1) of the Act shall contain the following information:

(a) the provision of the Act that the corporation failed to comply with;

(b) the amount of the administrative penalty;

(c) how the administrative penalty is to be paid;

(d) the date by which the administrative penalty shall be paid; and

(e) a statement that the corporation may apply to the Chief Executive Officer of Service New Brunswick to review the Director’s decision to issue the notice within 10 days after receiving the notice.

32(2)A corporation that is served with a notice of administrative penalty shall pay the amount of the penalty within 30 days after the date of service of the notice.

32(3)The notice is sufficiently served on the corporation if it is given in any of the following manners:

(a) in person, in the manner in which personal service may be made under the Rules of Court; or

(b) by registered mail to the address for service for the corporation.

32(4)If sent by registered mail, the notice is deemed to be received 4 days after the date of mailing.

2015, c.44, s.92

Review

33(1)If within the time prescribed by subsection 62(2) of the Act, a corporation requests that the Chief Executive Officer of Service New Brunswick review the Director’s decision to issue the notice of administrative penalty, the Chief Executive Officer shall hold, as soon as practicable, a hearing to consider the matter.

33(2)The Chief Executive Officer shall not make a determination with respect to a review of the Director’s decision unless he or she has given the corporation that requested the review an opportunity to make representations in writing or in person.

33(3)If a corporation requests a review, the time limit for paying the administrative penalty ceases to run until the Chief Executive Officer determines the matter and, if an administrative penalty is payable after his or her review, the corporation shall pay the amount of the penalty within 30 days.

2015, c.44, s.92

MISCELLANEOUS

Building inspection report - persons qualified to prepare

34The following classes of persons are qualified to prepare a building inspection report for the purpose of paragraph 5(3)(h) of the Act:

(a) members of the New Brunswick Association of Real Estate Appraisers/Association des évaluateurs immobiliers du Nouveau-Brunswick;

(b) persons who hold certificates of practice under the Architects Act;

(c) engineers who are licensed to practise engineering under the Engineering and Geoscience Professions Act;

(d) members of the New Brunswick Society of Certified Engineering Technicians and Technologists who are registered as certified engineering technologists under the Engineering Technology Act; and

(e) members of the Real Estate Institute of Canada holding the designation of Certified Reserve Planner (CRP).

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Forms

35(1)A discharge of an encumbrance given under subsection 17(4) of the Act shall include the unit number, the name of the corporation, the parcel identifier (PID) of the unit, and the registration particulars of the encumbrance.

35(2)A discharge of judgment shall be in Form 8.

35(3)A notice of directors and notice of change of directors shall be in Form 9.

35(4)A certificate stating that a by-law was made in accordance with the Act, the declaration and the by-laws shall be in Form 10.

35(5)The proof of consent required under paragraphs 43(4)(a) or 44(4)(a) of the Act shall be a certificate in Form 11.

35(6)A notice of lien shall be in Form 12.

35(7)A discharge of lien shall be in Form 13.

35(8)An estoppel certificate shall be in Form 14.

35(9)A notice of termination under subsection 54(2) of the Act shall be in Form 15.

35(10)A notice of termination under section 55 of the Act shall be in Form 16.

Fees for examining and approving for registration

36(1)The fee for examining and approving for registration a declaration and description and supporting documents is the sum of the following:

(a) $500 per project; and

(b) $400 per unit, to a maximum of 50 units.

36(2)The fee in paragraph (1)(a) is not payable for examining and approving an amendment to a declaration and description which creates a subsequent phase of a phased-development condominium property.

36(3)The fee in paragraph (1)(b) is payable for examining and approving an amendment to a declaration and description which creates a subsequent phase of a phased-development condominium property, up to the maximum of 50 units, which number shall include any units registered in a previous phase of the phased-development.

Fees for notice of directors form

37 The fee for requesting a copy of a notice of directors and notice of change of directors form is as follows:

(a) $10 per copy; or

(b) $20 per certified copy.

Commencement

38(1)Subject to subsection (2), this Regulation comes into force on January 1, 2010.

38(2)Section 37 of this Regulation comes into force on April 1, 2010.