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Acts and Regulations
2020-20
- Prerequisites for Development Approvals and Building Permits
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Document at 10 June 2022
NEW BRUNSWICK
REGULATION 2020-20
under the
Community Planning Act
(O.C. 2020-70)
Clean Water Act
(O.C. 2020-70)
Public Health Act
(O.C. 2020-70)
Filed March 24, 2020
Under paragraphs 124(1)(h) and (i) of the
Community Planning Act
, paragraph 40(w) of the
Clean Water Act
and paragraph 68(y) of the
Public Health Act
, the Lieutenant-Governor in Council makes the following Regulation:
Citation
1
This Regulation may be cited as the
Building Permit Prerequisites Regulation
–
Community Planning Act
.
2021-11
Prerequisites for a building permit
2021-11
2
(1)
For the purposes of paragraph 108(1)(d) of the
Community Planning Act
, before a building permit under the
Building Code Administration Act
may be issued, the development officer shall ensure that the development complies with requirements ofÂ
(
a
)
the
General Regulation
–
Emergency 911 Act
,
(
b
)
the
Provincial Setback Regulation
, New Brunswick Regulation 84-292 under the
Community Planning Act
, chapter C-12 of the Revised Statutes, 1973,
(
c
)
the
Public Health Act
, and
(
d
)
the
Clean Water Act.
2
(2)
An applicant for a building permit under the
Building Code Administration Act
shall provide the development officer with the following information or documents as proof of the development’s compliance with the requirements of subsection (1):Â
(
a
)
the civic address of the land, building or other structure assigned by the local government or the Minister of Public Safety under the
General Regulation
–
Emergency 911 Act
to the development or a copy of a request to obtain the civic address made to the local government or the Minister of Public Safety;
(
b
)
if the applicant is requesting a development that is less than 30 m from a boundary of a highway or a village street referred to in the
Provincial Setback Regulation
, New Brunswick Regulation 84-292 under the
Community Planning Act
, chapter C-12 of the Revised Statutes, 1973, a copy of a certificate of setback issued to the applicant under subsection 6(5) of that Regulation;
(
c
)
subject to subsection 3(1), if the development includes or will include an on-site sewage disposal system as that term is defined in the
Public Health Act
,
(i
)
a copy of the approval given by the Minister of Health under section 24 of the
Public Health Act
, or
(ii
)
a written acknowledgment from the Minister of Health indicating that the approval referred to in subparagraph (i) is not required to undertake the development;
(
d
)
if the applicant is requesting a development that is within an area that is designated as a protected area under section 14 of the
Clean Water Act
,
(i
)
with respect to an area referred to in the
Wellfield Protected Area Designation Order
–
Clean Water Act
,
(A
)
a copy of an exemption granted by the Minister of Environment and Climate Change under section 14.1 of the
Clean Water Act
with respect to the development, or
(B
)
a written acknowledgement from the Minister of Environment and Climate Change indicating that the exemption referred to in clause A is not required to undertake the development;
(ii
)
with respect to an area referred to in the
Watershed Protected Area Designation Order
–
Clean Water Act
,
(A
)
a copy of the exemption granted by the Minister of Environment and Climate Change under section 14.1 of the
Clean Water Act
with respect to the development, or
(B
)
a written acknowledgement from the Minister of Environment and Climate Change indicating that undertaking the development does not require the exemption referred to in clause A for the development,
(
e
)
subject to subsection 3(2), if the applicant is requesting a development that is within 30 m of a wetland or the bank of a watercourse, as those terms are used under the
Clean Water Act
,
(i
)
a copy of a permit issued by the Minister of Environment and Climate Change under paragraph 15(1)(b) of the
Clean Water Act
with respect to the development,
(ii
)
a copy of a waiver issued by the Minister of Environment and Climate Change under subsection 3(2) of the
Watercourse and Wetland Alteration Regulation
–
Clean Water Act
, or
(iii
)
a written acknowledgement from the Minister of Environment and Climate Change indicating that the applicant is exempt under subsection 3(1), (1.1) or (3) of the
Watercourse and Wetland Alteration Regulation
–
Clean Water Act
from the requirement to obtain the permit referred to in subparagraph (i).
2020, c.25, s.30; 2021-11; 2022, c.28, s.7
Clarification and exception
3
(1)
An applicant is only required to provide the information referred to in paragraph 2(2)(c) if
(
a
)
with respect to a new building or structure, the application provides for the installation or construction of an on-site sewage disposal system,
(
b
)
with respect to a pre-existing building or structure where a pre-existing on-site sewage disposal system is situated,
(i
)
if the building or structure is located on a lot with an area of 4,000 m
2
or more, the application provides for a change in the purpose for which the building or structure is used, and
(ii
)
if the building or structure is located on a lot with an area of less than 4,000 m
2
, the application provides for
(A
)
one or more additional bedrooms,
(B
)
the expansion of the footprint of the building or structure, or
(C
)
a change in the purpose for which the building or structure is used.
3
(2)
An applicant is not required to provide the information referred to in paragraph 2(2)(e) if the development concerns only the amending or repairing of an existing building or construction where the footprint is not enlarged.
Duty of Ministers
4
If the Minister of Health or the Minister of Environment and Climate Change is of the opinion that subparagraph 2(2)(c)(ii), clause 2(2)(d)(i)(B) or 2(2)(d)(ii)(B) or subparagraph 2(2)(e)(iii) applies in the circumstances, the Minister of Health or the Minister of Environment and Climate Change, as the case may be, shall issue, on the request of an applicant for a building permit under the
Building Code Administration Act
, a written acknowledgement under those provisions.
2020, c.25, s.30; 2021-11
N.B.
This Regulation is consolidated to June 10, 2022.
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