Acts and Regulations

2010-66 - General

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Current to 16 June 2023
NEW BRUNSWICK
REGULATION 2010-66
under the
Safer Communities and Neighbourhoods Act
(O.C. 2010-226)
Filed May 4, 2010
Under section 74 of the Safer Communities and Neighbourhoods Act, the Lieutenant-Governor in Council makes the following Regulation:
Citation
1This Regulation may be cited as the General Regulation - Safer Communities and Neighbourhoods Act.
Definition of “Act”
2In this Regulation, "Act" means the Safer Communities and Neighbourhoods Act.
Intoxicating substance
3Any product or substance that is required under the Hazardous Products Act (Canada) to display on its container the instruction “Do not breathe fumes” is prescribed for the purposes of the definition “intoxicating substance” in section 1 of the Act.
Service of notice of application on respondent
2022, c.3, s.7
3.1(1)A notice of application for a community safety order or a notice of application to vary a community safety order that is to be served on a respondent shall be sufficiently served
(a) if it is served in the manner in which personal service may be made under the Rules of Court, or
(b) if it is mailed by registered mail to the last known address of the respondent and it is posted in a conspicuous place on the property in respect of which the application is made.
3.1(2)A notice of application sent by registered mail shall be deemed to have been received by the respondent 7 days after the day of mailing.
2022, c.3, s.7
Service on respondent, owner or occupant
4(1)A community safety order that is to be served on a respondent or a removal order or closure order that is to be served on an owner or occupant of a fortified building shall be sufficiently served
(a) if it is served in the manner in which personal service may be made under the Rules of Court, or
(b) if it is mailed by registered mail to the last known address of the respondent, owner or occupant of the fortified building.
4(2)An order sent by registered mail shall be deemed to have been received by the person to whom it was addressed 7 days after the day of mailing.
Service on lawful occupant
5(1)A community safety order that is to be served on a person who is lawfully occupying the property or has a right to occupy the property to which the community safety order relates shall be sufficiently served
(a) if it is served in the manner in which personal service may be made under the Rules of Court, or
(b) if it is left with a person who appears to be an adult and who appears to reside there with the person who is lawfully occupying the property or has a right to occupy the property.
5(2)If by reason of unreasonable expense, undue delay or risk of harm to a person attempting to serve a community safety order it is not practicable to serve the order in the manner set out in subsection (1), the order may be mailed by registered mail to the person who is lawfully occupying the property or has a right to occupy the property.
5(3)A community safety order sent by registered mail shall be deemed to have been received by the person to whom it was addressed 7 days after the day of mailing.
Service on Director
6(1)A document that is to be served on or given to the Director shall be sufficiently served or given
(a) if it is served in the manner in which personal service may be made under the Rules of Court, or
(b) if it is mailed by registered mail to the Director.
6(2)A document sent by registered mail shall be deemed to have been received by the Director 7 days after the day of mailing.
Interest
7For the purposes of sections 43 and 65 of the Act, an amount due to the Crown in right of the Province under the Act bears interest at the rate prescribed by the Rules of Court for interest on judgments.
2023, c.17, s.250
Commencement
8This Regulation comes into force on May 7, 2010.
N.B. This Regulation is consolidated to June 16, 2023.