Acts and Regulations

2019-28 - Assessment and Planning Appeal Board

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Current to 1 January 2024
NEW BRUNSWICK
REGULATION 2019-28
under the
Community Planning Act
(O.C. 2019-171)
Filed September 20, 2019
Under subsection 124(1) of the Community Planning Act, the Lieutenant-Governor in Council makes the following Regulation:
Citation
1This Regulation may be cited as the Assessment and Planning Appeal Board Regulation— Community Planning Act.
Definition of “Act”
2In this Regulation, “Act” means the Community Planning Act.
Notice of appeal
3A person who makes an appeal to the Board shall file with the Chair of the Board a notice of appeal in Form 1.
Notice of decision
4At the request of a person who makes an appeal to the Board, the decision being appealed shall be made available to that person and to the Board in Form 2.
Duties, functions and powers of Board
5(1)When a notice under section 3 is in respect of an appeal that meets the requirements of subsections 120(1) and (3) of the Act, the Board shall
(a) fix the date and place for a hearing of the appeal, and
(b) at least 14 days before the date fixed under paragraph (a), give notice of the appeal and the particulars of it together with the date and place fixed for the hearing to all persons whom the Board considers to be concerned in the appeal.
5(2)In hearing an appeal, the Board shall
(a) permit all persons to whom notice was given under paragraph (1)(b), and all persons who the Board considers to be concerned in the appeal after giving of the notice, an opportunity to be heard, to present evidence and to hear the evidence of others, or
(b) permit written submissions to be filed in place of an oral hearing if all persons to whom notice was given under paragraph (1)(b) consent.
5(3)The Board may consolidate appeals where it receives more than one notice of appeal containing the same basic allegations.
5(4)When a person appealing does not appear and is not represented by his or her agent or counsel at the time and place fixed for the hearing of the appeal, the Board
(a) shall dismiss the appeal, and
(b) on application made by the person or his or her agent or counsel, may within seven days from the date of the dismissal and if satisfied that the person has sufficient reason for the person’s or the person’s representative’s absence, set aside the dismissal and fix a new date and place for hearing of the appeal.
5(5)Only in the case of an appeal under subparagraph 120(1)(a)(ii), (b)(ii) or (c)(ii) of the Act shall the onus of proof be on the person appealing.
Repeal
6New Brunswick Regulation 84-59 under the Community Planning Act, chapter C-12 of the Revised Statutes, 1973, is repealed.
N.B. This Regulation is consolidated to September 20, 2019.