Acts and Regulations

81-114 - Provincial Exhibitions and Concerts

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Full text
Current to 1 January 2024
NEW BRUNSWICK
REGULATION 81-114
under the
Municipalities Act
Filed August 6, 1981
1This Regulation may be cited as the Provincial Exhibitions and Concerts Regulation - Municipalities Act.
2In this Regulation
“Act” means the Municipalities Act;(Loi)
“licence” means a licence issued by the Minister under section 4;(permis)
“public event” means any exhibition of natural or artificial curiosity, circus, outdoor musical concert or other show or exhibition for hire or profit.(activité publique)
“unincorporated area” Repealed: 2005-40
2005-40
2.1This Regulation applies to
(a) those areas outside the territorial limits of a municipality or a rural community, and
(b) rural communities that have not enacted a by-law under paragraph 11(1)(h) of the Act.
2005-40
3No person shall hold a public event without first obtaining a licence.
2005-40
4(1)The Minister may issue a licence for the holding of a public event to any person where the prescribed fee has been paid, where he is satisfied that the nature of the proposed public event is appropriate to the area in which it is to be held, and that adequate provision has been made for
(a) sanitation, garbage removal and site clean up,
(b) policing and security,
(c) the parking of motor vehicles,
(d) the protection of adjacent property, and
(e) the collection and payment of all exigible taxes, levies or assessments.
4(2)Application for a licence shall be made to the Minister at least thirty days prior to the commencement of the public event unless the Minister is satisfied that sufficient grounds exist for abridging such period, shall be accompanied by any fee prescribed by the Minister, and shall contain the following information:
(a) the name and address of the person holding the public event outlining any previous experience,
(b) the name and address of the person who owns the property where the public event is to be held,
(c) a description of the nature of the public event,
(d) the provision made for
(i) sanitation, garbage removal and site clean up,
(ii) policing and security,
(iii) parking,
(iv) the protection of adjacent property, and
(v) the collection of taxes, levies or assessments,
(e) where the event is to be held wholly or partially outdoors, a site plan of the property on which the public event is to be held showing:
(i) the boundaries of the property and the location of any existing or proposed buildings and structures thereon, including toilet facilities, canteens and garbage disposal units,
(ii) the location of entrances and exits to the site,
(iii) the location of parking areas on site or on adjacent properties, and
(iv) the boundaries of adjacent properties, giving the names of each property owner.
4(3)Upon receipt of an application made pursuant to subsection (2), or of additional information demanded by the Minister pursuant to this subsection, the Minister may demand any additional information he considers necessary or useful in enabling him to make the determinations required by subsection (1).
4(4)The Minister may waive the requirement for an applicant to provide all of the information stipulated in subsection (2) where he already has such information or is satisfied that its provision is unnecessary.
4(5)A licence may be issued upon such terms, conditions or requirements as the Minister may deem appropriate in the circumstances, and may be revoked by the Minister at any time for any reason, including but not restricted to actual or suspected breaches of any term, condition or requirement of the licence, or the impeachment of any information provided in the application for the licence, or provided pursuant to subsection (3).
4(6)Without restricting subsection (5), the Minister may as a condition of the licence require the person holding the public event to deposit with him any form of bond, letter of credit or negotiable instrument in such amount as he may deem sufficient as security for the due performance of the terms, conditions or requirements stipulated in the licence, and for the protection of adjacent owners from damage to their property.
4(7)Where the terms, conditions or requirements of a licence have not been met to the satisfaction of the Minister, or where it appears to the Minister that damage to the property of owners adjacent to the site of the public event has occurred and the owners have not been adequately compensated for such damage, the Minister may, without recourse by any person, declare any security provided to him pursuant to subsection (6) to be forfeited, and may negotiate the same, and may compensate the owners of adjacent properties in such amount as he may deem just and reasonable, and may retain or remit to the holder of the licence the balance of the funds realized from the said security, if any, as he may see fit in the circumstances.
2005-40
5The Minister may prescribe any licensing fees or forms for the purposes of this Regulation.
6Any person who violates any provision of this Regulation or any term, condition or requirement of a licence issued under this Regulation commits an offence and is liable on conviction to a fine of not more than $200.
2005-40; 2009-129
N.B. This Regulation is consolidated to November 16, 2009.